HomeMy WebLinkAboutMN-CC-1993-05-05 59
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 :00 p.m. May 5, 1993
PRESENT:
Mayor Nichols
Alderpersons ( 10 ) - Blanchard, Romanowski, Efroymson, Daley,
Johnson, Booth, Schroeder, Golder, Hoffman,
Berg
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Building Commissioner - Eckstrom
Planning & Development Director - VanCort
Superintendent of Public Works - Gray
Police Chief - McEwen
L0 Board of Public Works Commissioner - Reeves
I— Tompkins County Board of Representative - Mink
Acting Fire Chief - Wilbur
rn Youth Bureau Director - Cohen
Z PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of the Minutes of the__April_-71 1993 Common Council Meeting
By Alderperson Hoffman : Seconded by Alderperson Schroeder
RESOLVED, That the Minutes of the April 7 , 1993 Common Council
meeting be approved with corrections as noted by Alderperson
Schroeder .
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Alderperson Daley requested the addition of an item under New
Business - a resolution welcoming aboard the new tenants for the
McCurdy' s building.
No Council. member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an _Ordinance Amending Section 325-8 of
Chapter 325 Entitled ` Zoning'_of the City of Ithaca Municipal Code,
Regarding M-1 Zone Permitted Uses and Maximum Building Height
Resolution to Open Public Hearing
By Alderperson Booth Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to Consider an Ordinance Amending
Section 325-8 of Chapter 325 Entitled ` Zoning' of the City of
Ithaca Municipal Code, Regarding M-1 Zone Permitted Uses and
Maximum Building Height be declared open .
Carried Unanimously
Alderperson Schroeder explained the proposed changes to M-1 Zoning
Districts .
No one appeared to address Council .
Resolution to Close Public Hearing
By Alderperson Booth : Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to Consider an Ordinance Amending
Section 325-8 of Chapter 325 Entitled ` Zoning' of the City of
Ithaca Municipal Code, Regarding M-1 Zone Permitted Uses and
Maximum Building Height be declared closed .
Carried Unanimously
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May 5 , 1993
MAYOR'S APPOINTMENTS:
Disability Advisory Council
Mayor Nichols requested Council approval for the appointment of
Arthur A. Stern, 637 Sheffield Road to the Disability Advisory
Council with a term to expire June 30 , 1995 , to replace Afi Binta-
Lloyd who has resigned.
Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That this Council approves the appointment of Arthur A.
Stern to the Disability Advisory Council with a term to expire June
30, 1995 .
Carried Unanimously
Shade Tree Advisory Committee
Mayor Nichols requested Council approval for the appointment of
Kathleen Sprague, 6 Cliff Park Circle to the Shade Tree Advisory
Committee with a term to expire December 31 , 1995 .
Resolution
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of Kathleen
Sprague to the Shade Tree Advisory Committee with a term to expire
December 31 , 1995 .
Carried Unanimously
Parks Commission
Mayor Nichols requested Council approval for the appointment of
Leilani "Lani" B . Peck, 516 Chestnut Street to the Parks Commission
with a term to expire December 31 , 1993 to replace Diane Sherman,
who has resigned.
Resolution
By Alderperson Romanowski : Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Leilani
"Lani" B . Peck to the Parks to Commission with a term to expire
December 31 , 1993 .
Carried Unanimously
Planning and Development Board
Mayor Nichols announced that he has appointed Ann Clavel , 109
Cornell Street to the Planning and Development Board, with a term
to expire December 31 , 1995 to replace Susan Blumenthal , who has
resigned.
Local Advisory Board of Assessment Review
Council Appointment
By Alderperson Johnson : Seconded by Alderperson Efroymson
RESOLVED, That Martha Preston and Steven Thayer be re-appointed to
the Local Advisory Board of Assessment Review.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Strand Theater
The following persons spoke to Council in support of saving the
Strand Theater:
Allen MacNeill - 1006 Hanshaw Road
Bill McCormick - City of Ithaca
Camilla Lisbe - 302 Lake Avenue
Doug Reed - Town of Ithaca
Barbara Ebert - 412 N. Cayuga Street
Timothy Snow - Tully, New York
Jean Finley - 211 Schuyler Place
Faye Gougaukis - 412 East Tompkins Street
Chris Tate - 201B Elm Street
Jordan Puryear -
Pastor, AME Zion Church - City of Ithaca
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May 5, 1993
Mr. Jason Fane spoke to Council in support of the City selling the
Strand Theater to RHP, Inc .
Washington Park Neighborhood Association
Ms . Tracy Farrell, 429 West Buffalo Street, representing the
Washington Park Neighborhood Association, thanked members of Common
Council, members of the City Planning Department and the Mayor, who
have put together a letter of response to the Department of
Transportation regarding their preliminary design for Route 96
citing the Washington Park Neighborhood Association concerns,
particularly traffic counts for that area .
Police/Community Task Force
Mr. Clayton Hamilton, 110 Terrace Place, and Ms . Camilla Lisbe
spoke to Council in support of the resolution from the Human
Services Committee requesting funding for a Coordinator to
implement the recommendations from the Mayor ' s Task Force on
Police/Community Relations .
LL's Curfew Ordinance
- The following persons spoke to Council in opposition to the Curfew
y.MW
MY
Ordinance :
Camilla Lisbe - 302 Lake Avenue
Lisa Comacho - 801 Dryden Road
Bruce Edwards -
Heather Comacho - 801 Dryden Road
Robert Comacho - 801 Dryden Road
Award to Building Department
Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing
Services, reported to Council that at the INHS Annual Meeting last
week an award was presented to the City Building Department for the
help that they have given INHS in revitalizing the City' s
neighborhoods . Mr. Mazzarella presented an award to Building
Commissioner Eckstrom.
Downtown Appearance and Strand Theater
Alan Cohen, 302 East State Street, spoke to Council regarding the
deteriorating appearance of downtown Ithaca . He also spoke
regarding the Strand Theater. He feels that Council deserves a lot
of credit for giving people the chance to save the Strand Theater
but he believes that Council should sell the building to RHP, Inc .
RESPONSE TO THE PUBLIC:
Trash Problem on the Commons
Alderperson Schroeder reported that he has urged the Board of
Public Works to take measures to control the trash problem on the
Commons .
Curfew Ordinance
Alderperson Hoffman explained that there already is a Curfew
Ordinance in effect for persons 16 years old and under, the issue
before Council is whether to keep this ordinance or repeal it .
Building Department Award
Alderperson Romanowski thanked the Building Department for all
their hard work with INHS and congratulated them on the receipt of
this award.
Public Comments
Alderperson Golder thanked everyone for coming to the meeting and
expressing their opinions . He urged the public to disagree with
Council members in a respectful way without personally attacking
them.
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May 5 , 1993
Alderperson Golder called Council ' s attention to a letter from
Camilla Lisbe regarding the Coordinator position for implementing
the recommendations of the Community Police Task Force .
Alderperson Johnson spoke against intolerance and reckless
allegations being made when the public addresses Council .
Alderperson Booth reminded everyone that the Mayor and all ten
Council seats are up for re-election this year, and running for
Council is a great way to get involved in City decision making.
Strand Theater
Mayor Nichols stated that he feels that the City has made every
attempt to cooperate and work with potential developers for the
Strand Theater .
REPORT OF BOARD OF REPRESENTATIVES:
Ms . Barbara Mink, 5th Ward Representative addressed Council on the
following matters :
Sales Tax
Negotiations and discussions regarding consolidation of services
between the City and the County will begin shortly.
Item Pricing Legislation
Representative Mink reported that 15 counties in New York State
adopted item pricing legislation, and asked Council to consider
whether they feel local super markets should comply with item
pricing regulations . She further stated that this issue will
return to the Board of Representatives at a later date and the
Board would appreciate input from Council .
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following matters :
Flood Damage
Water levels in the flood control channel have gone down, but the
flood warning for Cayuga Lake is still in effect .
Clean Up Efforts
The Board and Department of Public Works has received criticism
lately on the clean up efforts around the City and on the Commons .
Commissioner Reeves cited budget cuts , lack of manpower, and two
major, weather related, emergencies as reasons for the delay of
services .
Landslides
A landslide in the City Water Shed has moved the raw water intake
line a foot, which causes serious implications to the City' s water
supply.
A landslide on Giles Street has forced the DPW to close a portion
of Giles Street .
A landslide in the Fall Creek Gorge has forced the DPW to close a
portion of Stewart Avenue.
Sewer Lines
A major sewer trunk line has collapsed at the corner of Adams and
First Streets, and has resulted in an emergency request of funds
from Council .
American Public Works Association
Commissioner Reeves, Superintendent Gray, and Assistant City
Attorney Kennedy attended the spring meeting of the American Public
Works Association in Buffalo, NY. She reported that they received
valuable information on GIS Systems, the American Disabilities Act,
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May 5, 1993
balancing budgets in difficult fiscal times , privatization, the
Clean Air Act, and Total Quality Management .
DISABILITY ADVISORY COUNCIL
Brenda Kuhn reported to Council on the following matters :
American Disability Act
Leslie Chatterton is the City' s ADA Coordinator and is continuing
to work with the Disability Advisory Council .
Treman Marina Construction
Ms . Kuhn passed out a Resolution which was passed by the DAC
stating that major construction is not needed to provide access to
Treman Marina for handicapped people . The Committee recommends a
low impact solution for providing access to the park with an
accessible path wide enough for wheelchair passage with a curb cut
from the parking lot and a turn around space at the end. Mayor
Nichols suggested that this Resolution be forwarded to the Finger
(O Lakes State Parks Region.
,�. Route 96
Ms . Kuhn passed out a letter stating that the DAC has reviewed the
draft of the comments and recommendations regarding the Route 96
Z design improvements . The points concerning handicap accessibility
are sound, they could not however comment on the plan specifically
lr as there is limited information . They have requested that the DoT
forward a copy of the proposed measures for handicap accessibility,
and the DAC will offer further comment at that time .
ITHACA - TOMPKINS TRANSIT FACILITY
Alderperson Blanchard reported to Council on the following matters :
Operating Costs
The operating cost estimates have run very close to actual costs,
so the transit facility should be able to operate within the
original amounts budgeted for 1993 .
Fleet Maintenance
The bus fleets have already shown the benefits of improved
maintenance, being stored under cover, and scheduled vehicle
replacement . Actual shop time is much lower than the initial
estimates .
Bus Purchases
Withdrawal of the President ' s economic stimulus package has delayed
the proposed purchase of five new buses . Alderperson Blanchard
will be writing a letter, on behalf of the Committee, to our
elected representatives asking that those funds be restored to
allow the purchase of the new buses .
COMMUNICATIONS FROM THE MAYOR:
Mayor Nichols reported that the City has implemented a policy to
reduce the workforce, twenty positions have already been vacated
due to retirement or voluntary resignation . There have been no
lay-offs in the City, and no City employees have been let go for
other than disciplinary reasons . The Mayor stated that employees
will need to cooperate with the City on this policy and will have
to be willing to expand their job descriptions , they will have to
be ready to move to other departments at the same grade level, but
performing different tasks . The Mayor stated that if everyone
works together on this policy, the City will be able to avoid lay-
offs, and still maintain salary increases that are above the rate
of inflation .
REPORT OF THE CITY ATTORNEY:
City Attorney Guttman reported to Council on the following matters :
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May 5 , 1993
Post Office
The City has received an order from the Postal Rate Commission
which establishes a procedural schedule. The Postal Rate
Commission has determined that there is minimal if any disagreement
on any of the facts involved in the controversy, however the City
and the Postal Service disagree about the legal significance of the
facts, namely whether the actions of the Postal Service constitute
a consolidation under federal law. By law the Postal Commission
has 120 days to consider appeals , they have asked the City to file
supplemental briefs by April 30 , 1993 , which the City has done .
The Postal Services reply brief is due on May 14, 1993 , the Postal
Rate Commission will rule on the case shortly thereafter .
City Court Cases
City Attorney Guttman reported on the Malison, Thompson, Newell,
City Court cases .
Board of Zoning Appeals
The Board of Zoning Appeals has been sued by Tanana Oil Company
with regard to the Board' s denial of Tanana ' s application to expand
the gas station at 311 South Corn Street . They wanted to expand it
to be a neighborhood commercial facility. The case is expected to
be heard by Judge Relihan later this month .
Therm Spill
The Attorney General ' s office has notified the City by letter that
the State is prepared to commit significant resources to
investigate and remedy releases of hazardous substances , and
processed wastes at and from the Therm facility. The State
Department of Environmental Conservation, The State Department of
Health and the Attorney General ' s office are closely coordinating
their efforts and will continue to jointly pursue the matter to
ensure that comprehensive abatement measures are implemented and
environmental compliance, management structure, and process safety
programs are established to prevent these types of chemical
releases in the future . The DEC has incurred significant expenses
in attempting to reduce the migration of hazardous substances from
the plant site so as to minimize pollution from entering Six Mile
Creek and the lake . The DEC has already ordered Therm to abate
sources of pollution, and the State expects them to act in
accordance with the DEC direction . The DEC has been sampling and
doing analysis of soils , surface water, and drainage ways , and the
results will be made public as soon as possible . The Attorney
General ' s office intends to make information public and will
encourage public participation . A public hearing will be held on
May 20, 1993 at South Hill School at 5 : 30 pm. , representatives from
the Attorney General ' s Office, Department of Environmental
Conservation, and Department of Health will be present for
discussion.
CHARTER AND ORDINANCE COMMITTEE:
* 18. 1 An Ordinance Repealing Subdivision 250-9 Entitled `Curfew'
of Chapter 250 Entitled `Peace and Good Order' of the City of
Ithaca Municipal Code and That a New Subdivision to be Known and
Designated as Section 250-9 Entitled 'Curfew' is Hereby Added to
Said Chapter
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, public opinion and the opinions of the Chief of Police
regarding this subject has been received and considered. The Chief
of Police, Harlin McEwen stated that while a curfew ordinance is
not often enforced, it is 'a valuable and useful law enforcement
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May 5 , 1993
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
t encourage the supervision of minors by their parents and guardians
and to encourage communication between them; and that because of
"V"-. the peculiar vulnerability of minors , their 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 from
the dangers of the streets and to encourage the deepening of
familiar relationships;
NOW, THEREFORE, be it ordained and enacted by the Common
Council of the City of Ithaca as follows:
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
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May 5 , 1993
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
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 ) years 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
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May 5, 1993
minor for a designated period of time and purpose within
a 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 .
y 6 . When the minor is outside in connection with his/her
employment .
ter,
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 during the curfew hours established
by subdivision C of this section 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
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May 5 , 1993
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.
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. .
Alderperson Hoffman explained the Ordinance and how it differs from
the existing Curfew legislation . He further explained that the
original curfew ordinance was repealed during the adoption of the
new City Code book. After hearing debate from the Chief of Police,
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May 5, 1993
Council reinserted the original. curfew ordinance into the code with
a sunset date of June 16, 1993 . If this Ordinance is defeated
tonight, there will be no curfew ordinance in effect in the City of
Ithaca after June 16, 1993 .
A vote on the Ordinance resulted as follows :
Ayes ( 4 ) Romanowski , Blanchard, Hoffman, Booth
Nays ( 6 ) Daley, Efroymson, Johnson, Golder, Schroeder,
Berg
Motion Fails
BUDGET AND ADMINISTRATION COMMITTEE:
* 15 . 16 Implementation of Recommendations_ of_ the Police/Community
Relations Task Force
By Alderperson Booth : Seconded by Alderperson Johnson
WHEREAS, during 1992 at two community meetings, residents expressed
various concerns about police-community relations, and
�..C3 WHEREAS, in June 1992 the Mayor created the Task Force on Police-
Community Relations and charged the Task Force with making
recommendations to the Mayor and Common Council for ways to improve
police-community relations in Ithaca, and
vuv.4
' WHEREAS, the membership of the working committees of the Task Force
was open to all interested members of the community and police
force who were willing to participate in the work of the
committees, and
WHEREAS, the four sub-committees of the Task Force made over 50
recommendations for possible implementation by the Mayor, the Chief
of Police, committees of Common Council , and others in the
community to improve police-community relations, and
WHEREAS, these recommendations need to be categorized regarding
priority, timing, cost of implementation, as well as identifying
who and/or which department and/or council committee should take
action on the various recommendations , and
WHEREAS, categorizing, directing, monitoring, and implementing the
recommendations will require an extensive amount of time and work,
and
WHEREAS, the amount of time and work required to develop and carry
out an effective systematic plan to address all the recommendations
and as well as the follow up to monitor implementation, is beyond
what can be expected of the volunteer task force sub-committee
chairs or the human services committee members , and
WHEREAS, the city council wishes to ensure that the extensive work
done by community members of this task force is maximally utilized
to improve police-community relations in Ithaca, and
WHEREAS, these tasks require a person with skills in assessing,
planning, directing, monitoring, and coordinating numerous
activities in various departments, boards, council committees, and
community agencies; now, therefore., be it
RESOLVED, That Common Council hereby allocates $2 , 000 from
Unrestricted Contingency to the Mayor ' s budget for the purpose of
contracting for the services of an individual who will plan,
direct, monitor, and coordinate departmental and Council Committee
actions taken on the recommendations from the Ithaca
Police/Community Relations Task Force .
Alderperson Johnson explained the formation of the Task Force and
the amount of work the members have dedicated to this charge . He
further stated that some of the recommendations made by the Task
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May 5 , 1993
Force are currently under review by the Human Services Committee,
and will be presented to Council in the near future . Other
recommendations require coordination of community agencies and
volunteers , as well as actions by various City departments ,
committees, and Common Council . Alderperson Johnson explained the
work that still needs to be completed so that these recommendations
can be implemented.
Discussion followed on the floor with Alderpersons raising concerns
such as the fact that Council has not fully endorsed all of these
recommendations yet, and the fact that many other Committee Chairs,
and members spend an extraordinary amount of time completing
committee work, and they do not get paid for their services .
Alderperson Berg suggested that Council consider allocating a
modest sum of money into an account in the next budget, that could
be used to fund positions such as this .
A vote on the Resolution resulted as follows :
Carried Unanimously
Recess
Common Council recessed at 9 : 10 p.m. and reconvened in regular
session at 9 : 20 p.m.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 19. 1 Strand Theater
By Alderperson Booth : Seconded by Alderperson Blanchard
RESOLVED, That the Mayor is authorized to enter into a contract
with RHP Properties , Inc . to convey certain real property known as
the Strand Theatre, and be it further
RESOLVED, That the Mayor is authorized to take all appropriate
steps to comply with the terms of the said contract including but
not limited to abating and removing hazardous substances from the
premises; demolishing the improvements on the premises and rough
grading the surface to present ground level and having prepared
and signing the appropriate documents to convey the City' s interest
in the premises .
AGREEMENT:
OFFER TO PURCHASE REAL ESTATE
RHP Properties, Inc . , a New York corporation having offices at
Terrace Hill, Ithaca, N. Y. 14850 ( "Buyer" ) , hereby offers to
purchase from the City of Ithaca, a municipal corporation under the
laws of the State of New York and having offices at 108 East Green
Street, Ithaca, N. Y. 14850 ( "Seller" ) , certain real property known
as The Strand Theater, as follows :
RECITALS
WHEREAS Seller is in possession of certain tax deeds (the "Tax
Deeds" ) made in December, 1981 , December, 1982 , December, 1983,
December, 1984, December, 1986 , December, 1987 , December, 1988 , and
December, 1989 , which deeds were given by Seller ' s City Chamberlain
to Seller as grantee with respect to premises in the City of Ithaca
known as the Strand Theater ( hereafter referred to as the
"Premises " ) , which Tax Deeds have never been recorded; and
WHEREAS record title of the Premises is in William Wilcox, Barbara
Theusen and the Estate of Elaine Downing (the "Record Owners " ) ; and
WHEREAS Seller on behalf of the United States Appalachian Regional
Commission has commenced a lawsuit in New York State Supreme Court
against the Record Owners with respect to certain grants for
12
May 5 , 1993
improvements to the Premises (the "Lawsuit" ) , which Lawsuit is
presently pending; and
WHEREAS there are presently outstanding and overdue property taxes,
interest and penalties owed to or claimed by the City of Ithaca,
the County of Tompkins and the Ithaca City School District with
respect to the Premises; and
WHEREAS the Premises are currently designated as a local landmark
by action of the Seller; and
WHEREAS Buyer is desirous of acquiring marketable title to the
Premises free and clear of all liens , taxes, restrictions or
encumbrances other than ordinary zoning restrictions, and Seller
desirous of conveying Premises to Buyer,
NOW, THEREFORE, IN CONSIDERATION of these premises , the parties
mutually covenant and agree as follows :
1 . SALE . The Seller agrees to sell and assign, and Buyer
agrees to purchase, all of the Seller ' s right, title and interest
in and to a certain parcel of property known as the Strand Theater,
310-312 East State Street, Ithaca, N. Y. 14850, bearing tax parcel
number 69-1-8, and consisting of approximately 13, 070 square feet
with approximately 21 feet of frontage on East State Street, more
ter ' fully described in a deed recorded in the office of the Tompkins
County Clerk in Liber 559 of Deeds at Page 1119 (the "Premises" ) .
TOGETHER WITH all rights of Seller in and to any and all
streets, roads, highways , alleys , driveways , shores , waters ,
easements and rights of way appurtenant thereto;
SUBJECT TO restrictive covenants of record (provided that the
same have not been violated, unless the enforcement of said
covenants has been barred by Section 2001 of the Real Property
Actions and Proceedings Law) , water lines , sanitary sewer,
drainage, and utility easements of record, provided said easements
are or may be used only to service premises , and further provided
that the improvements do not encroach upon the easements;
2 . PRICE
The Purchase Price is Four Hundred Seventy Three Thousand
Three Hundred Ten and 100/100 Dollars ( $473 , 310 . 00 ) , plus the
following costs, all of which shall be payable in cash at closing:
a) An amount equal to the actual amount paid by the Seller to
conduct an Environmental Audit of the Premises ( including pre-
demolition asbestos survey, site assessment and preparation of
consulting specifications ) to determine the existence of environ-
mentally-hazardous substances such as asbestos which would have to
be removed from the Premises or abated prior to demolition of the
Premises , which cost is presently estimated at $6 , 000 . 00 but shall
not in any case exceed the sum of $7 , 500 . 00;
b) An amount equal to the actual amount paid by the Seller to
abate or remove such environmentally hazardous substances, and to
monitor the removal thereof . At the time of execution of this
Agreement the cost of such removal and monitoring is estimated to
be $98, 000 . 00, based upon Seller ' s expectation that it will receive
certain variances from the New York State Department of Health .
Buyer acknowledges that receipt of such variances is not assured.
Buyer shall have the right to review and comment on the results of
the environmental audit and abatement/removal plan prior to the
letting of any contract for this work. Seller shall use its best
efforts to obtain a variance from the N. Y. S . Health Department to
permit removal of asbestos from the Premises without use of
tenting.
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72
May 5 , 1993
c) An amount equal to the actual amount paid by the Seller to
demolish the improvements on the Premises as provided in paragraph
3 (a) of this Agreement, including the actual demolition of the
improvements on the Premises , the cost of rough grading the surface
to present ground level as provided for in paragraph 3 (a) of this
Agreement and the removal from the site and the disposal of the
demolished improvements . The present estimate of the cost of such
Demolition is $100 , 000 . 00 . Buyer expressly acknowledges that such
sum may rise and shall be adjusted in the event of unforseen
circumstances arising in the course of demolition, but shall in no
case exceed the sum of $120, 000 . 00 .
d) An amount equal to the Seller ' s "in-house" expenses in
conjunction with the Demolition of the Premises, which sum shall
include the following items :
( i) The cost of administration and inspection of the
Demolition work, being the number of hours spent by personnel of
the Seller ' s Department of Public Works, as measured by their
timesheets, in arranging, overseeing and/or managing the
environmental audit, the removal of such environmentally hazardous
substances, and the actual demolition and disposal of the remains
of the improvements, multiplied by the hourly salary rate of the
individual( s ) concerned and further multiplied by a factor of 1 . 4
to cover the Seller ' s overhead in providing such services . The
cost payable pursuant to this subsection shall not exceed the sum
of $15, 400 . 00 .
( ii) The actual costs incurred by Seller for printing,
advertising, and financing or interest charges incurred in
connection with this Agreement . The costs payable pursuant to this
subsection shall not exceed the sum of $6 , 500 . 00 .
( iii) The actual costs incurred by Seller for relocation
and/or protection of a water main and sanitary sewer line, if
required. The cost payable pursuant to this subsection shall not
exceed the sum of $5, 000 . 00 .
( e) Prior to closing Seller may at its own cost and expense
remove from the Premises any salvageable articles or materials,
including but not limited to architectural artifacts . Such salvage
shall be without setoff against the amounts to be paid to Seller by
Buyer pursuant to this Agreement except that the market value ( if
any) of the boiler in the Premises , reduced by the cost of removal
of the boiler from the Premises , shall reduce dollar-for-dollar the
sum to be paid to Seller pursuant to paragraph 2 (d) of this
Agreement .
3 . CERTIFICATIONS, CONDITIONS PRECEDENT
a) Prior to closing Seller shall furnish to Buyer its written
certification that ( i ) Seller has lawfully demolished and removed
from the Premises all improvements thereon, rough-grading the
surface to present ground level ( "Demolition" ) , and ( ii ) there is
no pending action or proceeding of any nature challenging the
Demolition or sale of the Premises and that the time within which
to bring such challenge has expired. Buyer agrees that Seller may
fill the foundation hole with rubble from the demolition of the
premises provided that such rubble remaining shall not contain any
environmentally-hazardous materials or any significant quantity of
biodegradable materials such as would cause surface subsidence .
b) At or prior to closing, Seller at its own cost and expense
shall record in the Office of the Tompkins County Clerk the 1981
Tax Deed, and a quit claim deed from each of the Record Owners ,
which deed(s ) shall name Seller or Buyer as Grantee .
14
May 5 , 1993
c) At or prior to closing Seller shall furnish to Buyer in
recordable form a document executed by or on behalf of the United
States Appalachian Regional Commission releasing any claimed lien
which it may have against the Premises and a stipulation of
discontinuance of the Lawsuit, with prejudice .
d) At or prior to closing Seller shall furnish to Buyer in
recordable form a discharge of a certain mortgage on the Premises
in the face amount of approximately $35 , 000 . , given to Wilcox
Press, Inc . , as mortgagee .
e) In the event Seller is unable to furnish to the quitclaim
deeds, stipulation or discharge of mortgage referred to in
subdivisions (b) , ( c) and (d) of this section, Buyer shall accept
a final judgment by a court of competent jurisdiction declaring
Seller to be the owner in fee simple of the Premises , it being the
intention of the parties that upon the occurrence of the closing
contemplated by this Agreement, the Buyer should have obtained
I (� marketable and insurable title to the Premises .
4 . TITLE SEARCH
The Seller shall furnish and deliver to the Buyer or his
attorney, at least fifteen ( 15 ) days prior to the date of the
closing, a title search by an abstract company showing a warranty
- deed of record at least forty ( 40 ) years previous, and shall
furnish at least ten ( 10 ) days prior to closing, clean tax searches
dated within twenty ( 20 ) days of closing, together with copies of
the tax receipts covering the previous twelve ( 12 ) months ,
demonstrating that all taxes and assessments of whatever nature
have been paid to date .
5 . SURVEY
The Seller shall , at Seller' s expense, furnish and deliver to
the Buyer or his attorney within a reasonable time before closing
an occupational survey which shows the corners monumented,
currently dated and certified to Buyer and Buyer ' s attorney by a
land surveyor duly licensed by the State of New York. The survey
shall show the premises and the location of all improvements , and
easements and rights of way, and shall be in a form acceptable for
filing in the Tompkins County Clerk ' s Office, together with ten
copies .
6 . CLOSING ADJUSTMENTS
Current taxes, assessments , and water and sewer charges , if
any, be adjusted to date of closing, all other overdue taxes ,
assessments, penalties or interest thereon to have been discharged
or forgiven prior to closing.
7 . RISK OF LOSS
Risk of loss until closing shall be in accordance with Section
5-1311 of the New York State General Obligations Law (Uniform
Vendor and Purchaser Risk Act ) .
8 . REJECTION OF TITLE
In the event that the Buyer shall raise objection to the
Seller' s title, which if valid, would make it impossible to obtain
fee title insurance, or which would render the title unmarketable
for the present or intended use as a commercial property, or the
improvements illegal (being in violation of any effective law,
ordinance, regulation or restriction ) , the Buyer shall have the
right to cancel this Agreement by giving written notice of such
cancellation to the Seller, whereupon all liability by reason of
15
74-
May 5 , 1993
this Agreement shall cease; provided, however, if the Seller shall
be able within a reasonable length of time to cure the objection,
or if either party shall secure a commitment for title insurance to
insure against the objections raised and Seller shall pay the cost
thereof, then this contract shall remain and continue in full force
and effect.
9 . DEED AND CLOSING
a) Seller shall convey its interest in the Premises by a deed
containing a covenant against grantor ' s acts .
b) Closing shall occur not later than December 31 , 1993 or
this Agreement shall terminate without further liability of either
party to the other . Provided, however, that ( i) Buyer in its sole
discretion exercised in writing may extend such termination date
for a period or periods , ( ii ) provided further that such
termination date shall automatically be extended for any interval
during which there is pending and Seller is diligently defending
against an Article 78 or equivalent proceeding or appeal thereof
challenging Seller' s right to demolish the improvements on the
Premises or for the duration of any event which would prevent the
Seller' s performance and which is beyond its control ( "force
majeure" ) , and ( iii ) no such automatic extension shall be effective
to extend the date of closing beyond December 31 , 1994 .
10 . POSSESSION
Possession of the Premises shall be available to the Buyer on
date of closing.
11 . INDEMNIFICATION
a) Seller shall defend, indemnify and hold harmless Buyer
against any and all manner of claim, liability or expenses,
including but not limited to reasonable attorney fees, arising out
of any claim that might arise as a result of the Seller' s
demolition of the improvements upon the Premises .
b) Seller shall defend, indemnify and hold harmless Buyer
against any claim or liability for property taxes or any similar
assessment respecting the Premises and arising out of any period of
time prior to closing.
12 . SURVIVAL
The provisions of the preceding paragraph, Indemnification,
shall survive the closing.
13 . REAL ESTATE BROKERAGE
It is understood and agreed that no real estate broker or
salesman was involved or concerned in this sale .
14 . BINDING EFFECT
This Agreement shall bind the parties, their successors and
assigns, and may not be modified except in a writing signed by the
party to be charged.
15 . ACCEPTANCE
This Agreement is executed by Buyer in the form of an Offer to
Purchase Real Property which may be accepted by Seller' s execution
of the Agreement by an appropriate officer and delivery of a fully-
executed copy to the offices of Buyer on or before the close of
business May 7 , 1993, in default of which this Offer to Purchase
shall lapse and be of no further force or effect, and neither party
16
%5
May 5, 1993
shall have any further obligation to the other . This Offer to
Purchase Real Property may not be revoked by Buyer .
City Attorney Guttman stated that the City has complied with all
the legal requirements for the disposition of this property,
including environmental review, and compliance with the Landmarks
Ordinance .
Alderperson Hoffman expressed his concern over the City' s
involvement with the asbestos abatement issue .
Amending Resolution
By Alderperson Hoffman : Seconded by Alderperson Efroymson
RESOLVED, that the second and third sentence be stricken from
Section 2 (b) , as well as the final sentence in Section 2 (b) .
Discussion followed on the floor with City Attorney Guttman
explaining that the City had an environmental audit performed by an
outside engineering firm. It was their recommendation that the
.� variance be applied for, and that this would be the normal way of
y- - removing part of the asbestos, particularly the fire curtain . The
State Department of Health, the County Department of Health, and
the State Department of Labor are involved in granting this
variance. If the variance is not granted, RHP Properties will have
to pay the full cost for the asbestos removal .
Superintendent Gray stated that even though a variance is granted
it will in no way delete any of the continuous air monitoring
requirements or any other requirement that is built into asbestos
removal contracts .
City Attorney Guttman advised Council that if they modify the terms
of this contract, then they would not be accepting the offer that
RHP Properties has submitted.
A vote on the Amending Resolution resulted as follows :
Ayes ( 5 ) Johnson, Efroymson, Golder, Berg, Hoffman
Nays ( 6 ) Schroeder, Daley, Booth, Romanowski, Blanchard,
Mayor Nichols
Motion Fails
Alderperson Schroeder noted that the reference to paragraph 3 (d) in
the last sentence of section 2 ( e) should be changed to 2 (d) . City
Attorney Guttman confirmed the typing error and the change has been
made.
Alderperson Berg asked City Attorney Guttman to officially respond
to the memo from Doria Higgins dated April 5 , 1993 where she
contends that a three quarter majority vote is needed for the
passage of this resolution .
City Attorney Guttman responded that he has researched this matter
extensively, and has supplied the research to the RHP Properties
Attorney. There have been New York State Supreme Court cases and
opinions by the New York State Attorney General that property that
is acquired by the City or any municipality through a tax sale
proceeding is not subject to the requirements of the General
Municipal Law in regard to the sale of real estate . It is clear by
both case law and Attorney General ' s opinion that it may be sold by
majority vote of Council .
Amendinq Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That the lst Resolved Clause be amended to read as
follows :
17
76
May 5 , 1993
"RESOLVED, That the Mayor is authorized to enter into a contract
with RHP Properties, Inc . as of Friday, May 7 , 1993 at 12 : 00 noon,
to convey certain real property known as the Strand Theatre, and,
be it further" . . . .
Alderperson Daley explained that this amendment would give the
Strand supporters extra time to submit a purchase offer . He
further explained that Council would have to meet again to consider
another offer, or the RHP Properties offer would be signed by the
Mayor .
Further discussion followed on the floor regarding the proper
procedures for either recessing this meeting until another time or
calling a Special Council meeting at another date to review any
purchase offers that have been submitted.
Amending Resolution
By Alderperson Berg: Seconded by Alderperson Efroymson
RESOLVED, That after the end of tonight ' s session, Council will
adjourn until 1 : 30 pm on Friday, May 7 , 1993 , and if a quorum of
Council is not present, the Mayor will be authorized to sign the
purchase offer with RHP Properties , Inc . at 4 : 00 pm on Friday, May
7 , 1993 .
Alderpersons Daley and Berg withdrew their motions for the purpose
of continuation of general discussion .
Further discussion followed on the floor with Alderpersons stating
their opinions regarding the demands of the purchase contract .
Alderperson Daley re-introduced his Amending Resolution changing
the time to 2 : 00 pm. The motion failed for lack of a Second.
City Attorney Guttman recommended that Alderperson Berg' s Amending
Resolution be modified so that the Mayor ' s authorization to sign
the contract is not contingent upon a quorum being present, or any
other factor.
Discussion continued on the floor .
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That the 1st Resolved Clause be amended to read as
follows :
"RESOLVED, That the Mayor is authorized to enter into a contract
with RHP Properties, Inc . as of Friday, May 7 , 1993, at 3 : 00 pm to
convey certain real property known as the Strand Theatre, and, be
it further . . . . "
Ayes ( 7 ) Daley, Efroymson, Johnson, Golder,
Schroeder, Hoffman, Berg
Nays ( 3 ) Blanchard, Romanowski, Booth
Carried
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows :
Ayes ( 8 ) Blanchard, Romanowski, Daley, Efroymson,
Johnson, Booth, Schroeder, Berg
Nays ( 2 ) Golder, Hoffman
Carried
18
7"I
May 5, 1993
Resolution
By Alderperson Schroeder: Seconded by Alderperson Berg
RESOLVED, That when this meeting is adjourned, it is adjourned
until May 6, 1993 at 9 : 30 pm.
Ayes ( 6) Efroymson, Johnson, Golder, Schroeder, Hoffman,
Berg
Nays ( 4 ) Daley, Romanowski, Blanchard, Booth
Carried
Recess
Common Council recessed at 10 : 30 pm and reconvened in regular
session at 10 : 45 pm.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15. 1 GIAC - Request to Amend 1993 Budget for United Way Grant
By Alderperson Booth: Seconded by Alderperson Berg
LO WHEREAS, GIAC has received a grant from the United Way Venture
- Grant Program in the amount of $9, 896 for the Youth Enterprise
Project, which trains city youth in various business skills; now,
therefore, be it
RESOLVED, That the 1993 City of Ithaca Budget be amended as
follows :
-z Increase Revenues :
A2070 - Program #1100
Contributions for Youth $9 , 896 . 00
Increase Appropriations :
A7311-120-1100 Hourly P/T $1, 014 . 00
A7311-435-1100 Contracts $6, 892 . 00
A7311-445-1100 Travel $ 970 . 00
A7311-460-1100 Program Supplies $ 880 . 00
A9030 Social Security $ 78 . 00
A9040 Workers Compensation $ 62 . 00
Carried Unanimously
* 15.2 GIAC - Request to Appropriate Funds for Purchase of Boxing
Canvas
By Alderperson Booth : Seconded by Alderperson Efroymson
WHEREAS, the agreement between the asbestos contractor for the GIAC
renovations and the City did not include repair or replacement of
the boxing training canvas at GIAC, and
WHEREAS, the replacement of the boxing training canvas is estimated
at $675 . 00 and GIAC needs to replace the canvas to continue its
boxing programs; now, therefore, be it
RESOLVED, That GIAC be authorized to purchase a new boxing canvas
at a cost not to exceed $675 . 00, and be it further
RESOLVED, That said funds for the boxing canvas purchase shall be
derived from Capital Project #248 GIAC Renovations .
Carried Unanimously
* 15.3 Fire Department - Request to Amend 1993 Authorized
Equipment List
By Alderperson Booth : Seconded by Alderperson Schroeder
WHEREAS, the Fire Department has recommended that two radiological.
meters be purchased to assist in the Department ' s hazardous
materials response capability; now, therefore, be it
19
78
May 5 , 1993
RESOLVED, That the Fire Department ' s 1993 Authorized Equipment List
be amended by adding the following:
Two ( 2 ) Radiological Survey Meters $1 , 420 . 00
and be it further
RESOLVED, That an amount not to exceed $1 , 420 . 00 be transferred
from Account A3410-460 Program Supplies to Account A3410-225 Other
Equipment to purchase said equipment .
Carried Unanimously
Fire Department - Acceptance of Used Transit Bus - Report
Alderperson Booth reported that the Fire Department will be
accepting a used bus from Cornell Transit to be modified to become
a shower facility for fire fighters who have been exposed to
hazardous waste materials .
* 15. 5 Fire Department - Request___ to Amend 1993 Authorized
Equipment List
By Alderperson Booth : Seconded by Alderperson Berg
WHEREAS, the Fire Department is in need of a computer for the cause
and origin program; now, therefore, be it
RESOLVED, That the 1993 Fire Department Authorized Equipment List
be amended by adding the following:
One ( 1 ) Macintosh Computer $1 , 000 . 00
and be it further
RESOLVED, That an amount not to exceed $1 , 000 be transferred from
Account A3410-460 Program Supplies to Account A3410-225 Other
Equipment for said computer purchase .
Carried Unanimously
* 15 .6 Planning Department Request to Transfer Restricted
Contingency Funds
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, Common Council approved $10 , 000 in the 1993 City Budget
placed in the restricted contingency account for the purpose of a
data gathering project for the Planning Department ' s GIS System,
and
WHEREAS, the Planning Department is at a point in the GIS System
project where they need to purchase software to continue gathering
data and establishing a GIS map, and
WHEREAS, the funds will be used to purchase GIS software and
plotting supplies , training, data transfer and map scanning
expenses; now, therefore, be it
RESOLVED, That an amount not to exceed $10, 000 be transferred from
restricted contingency to Account A8020-225 Other Equipment (up to
$5, 000 in said account) , and Account A8020-425 Office Expense (up
to $5, 000 in said account ) , for said purchases of equipment and
services related to the GIS System.
Carried Unanimously
* 15 .7 Department of Public Works __- Ca ital_ Project to Renovate
the Cass Park Rink
By Alderperson Booth : Seconded by Alderperson Schroeder
WHEREAS, the Board of Public Works has recommended that a capital
project be established to reconstruct the Cass Park Rink and to
replace related equipment, at a yet-to-be-determined estimated
project cost, and
20
�!9
May 5 , 1993
WHEREAS, the Energy Commission has recommended that the existing
lighting elements at Cass Park be converted to more energy and cost
efficient lighting fixtures , at an estimated cost of $30, 000; now,
therefore, be it
RESOLVED, That Capital Project #272 Cass Park Reconstruction be
hereby established at a maximum estimated cost of $35 , 000 , in part
to fund the preparation of a conceptual design and related
construction cost estimates at an amount not to exceed $5 , 000, with
the remaining balance of $30 , 000 being used to convert the existing
lighting fixtures , and be it further
RESOLVED, That said project shall be financed by the issuance of
serial bonds .
Carried Unanimously
* 15.8 Department of Public Works - Request to Increase
Authorization of City Court Facility Capital Project
LO By Alderperson Booth : Seconded by Alderperson Berg
WHEREAS, the existing Hall of Justice Heating Ventilating Air
Conditioning (HVAC) unit failed during a storm in 1992 , and
_ WHEREAS, a new HVAC system to serve the existing Hall of Justice
and the new City Court Facility was purchased at a cost of
approximately $30, 000 . , and
WHEREAS, the cost of replacing the Heating Ventilating Air
Conditioning (HVAC) unit at the existing Hall of Justice was not
included in the New Court Facility and Police Station Renovations
Capital Project, and
WHEREAS, adjusting the original design to allow both the new court
facility building and the existing Hall of Justice to be served by
a single more efficient HVAC unit, will provide projected operation
and maintenance cost savings of approximately $3 , 000 per year, and
WHEREAS, the Client Committee has recommended that the project
authorization be increased by the additional unanticipated cost
related to replacing said HVAC unit; now, therefore, be it
RESOLVED, That Capital Project #242 be increased from $3, 100 , 000 .
to a maximum authorized cost of $3 , 130 , 000 . and be it further
RESOLVED, That the additional amount necessary to complete said
project be derived from the issuance of $30, 000 in serial bonds .
Carried Unanimously
* 15 . 9 Department of Public Works - Request to Amend 1993
Authorized Equipment List
By Alderperson Booth : Seconded by Alderperson Berg
WHEREAS, the current photocopier machine located on the second
floor of City Hall is in need of replacement, and
WHEREAS, the purchase of a new photocopier machine has been
estimated to cost $7 , 300 on State Contract, and
WHEREAS, the cost of the machine was not included in the 1993
Approved City Budget; now, therefore, be it
RESOLVED, That an amount not to exceed $7 , 300 be transferred from
Account A1990 Unrestricted Contingency to Account A1490-210 Public
Works Administration Office Equipment for the purchase of a
photocopier machine .
Carried Unanimously
21
80
May 5 , 1993
* 15 . 10 Department of Public Works - Request to Amend Architect ' s
Contract for Municipal Pool Project
By Alderperson Booth : Seconded by Alderperson Berg
WHEREAS, the Municipal Pool Project has been delayed due to
problems with the construction contractor, and
WHEREAS, HOLT Architects were retained to administer the
construction contract through October, 1992 , and because of the
construction delays will be needed for a longer period of time;
now, therefore, be it
RESOLVED, That HOLT Artchitects ' Municipal Pool architectural
contract agreement be extended to include the construction phase of
the Municipal Pool Project in an amount not to exceed $7 , 000, and
be it further
RESOLVED, That the funds for said contract extension shall be
derived from Capital Project #217 Municipal Pool .
Carried Unanimously
* 15 . 11 Department of Public Works - Request to Amend 1993
Water/Wastewater Division Approved Personnel Roster
By Alderperson Booth : Seconded by Alderperson Johnson
WHEREAS, the current Water/Wastewater Plant Mechanic will qualify
for retirement late this year, and
WHEREAS, there currently is no person trained to perform these
duties which are highly technical , and require an extensive
electrical and mechanical background, and
WHEREAS, the Board of Public Works believes that the creation of an
additional position will provide greater productivity, a smoother
transition, and lower long range costs to the Water and Sewer
Division by allowing an employee to grow into the position; now,
therefore, be it
RESOLVED, That the 1993 Approved Personnel Roster of the Water and
Sewer Division be amended by the creation of the following:
Add: One ( 1 ) Assistant Water/Wastewater Plant Mechanic
and be it further
RESOLVED, That the hourly rate for the position of Assistant
Water/Wastewater Plant Mechanic be established at ( $8 . 62/hour on
January 1 , 1993 and $ 8 . 97/hour on September 1 , 1993 ) that being
grade 28 on the 1993 DPW Unit Compensation Plan, and be it further
RESOLVED, That Common Council understands that upon the retirement
of the existing Water/Wastewater Plant Mechanic, either the
position occupied by that person or the position of the Assistant
Water/Wastewater Plant Mechanic will be deleted from the Water and
Sewer Division Roster, and, be it further,
RESOLVED, This Resolution is adopted contingent upon any approval
that may be required by the Civil Service Commission respecting the
position of Assistant Water/Wastewater Plant Mechanic .
Carried Unanimously
* 15 . 12 Department of Public Works - Request to Establish
Emergency Capital Project for Sewer Reconstruction
By Alderperson Booth : Seconded by Alderperson Johnson
WHEREAS, the recent rains and snowstorm melt-off have caused a 93
year old trunk sewer main to fail on Adams Street and First Street
in the City, thereby creating a public emergency which threatens
the life, health and safety of City residents , and public and
private property at and near said location, and
22
May 5 , 1993
WHEREAS, the Board of Public Works at its meeting of April 28 , 1993
declared a public emergency in accordance with Section 103 of the
General Municipal Law, thereby negating the statutory requirement
to bid said project; now, therefore, be it
RESOLVED, That Common Council reaffirms the declaration of the
public emergency created by said weather events , and be it further
RESOLVED, That a Capital Project #605 be established at an
estimated cost not to exceed $200 , 000 to reconstruct said trunk
sewer main, and be it further
RESOLVED, That this Capital Project shall be funded from existing
monies transferred from Capital Reserve #17 Sewer Construction .
Carried Unanimously
DPW - Cost of Snowstorm/Flooding - Report
Alderperson Booth reported that information is available from the
City Controller ' s office regarding the costs the City incurred
during the blizzard in March and the recent flooding.
rr--
* 15. 14 Department of Public Works - Ithaca Area Wastewater
Treatment Plant - Request to Amend 1993 Authorized Equipment List
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the current photocopier machine located at the Ithaca Area
Wastewater Treatment Plant is in need of replacement, and
WHEREAS, the purchase of a new photocopier machine has been
estimated to cost $5 , 000 on State Contract, and
WHEREAS, the cost of the machine was not included in the 1993
Approved City Budget; now, therefore, be it
RESOLVED, That an amount not to exceed $5 , 000 be transferred from
Account J1990 Contingency to Account J8150-210 Office Equipment for
the purchase of a photocopier machine .
Carried Unanimously
* 15. 15 Department of Public Works - Ithaca Area Wastewater
Treatment Plant - Request to Amend 1993 Authorized Equipment List
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, Ithaca Area Wastewater Treatment Plant staff have
researched the benefit of installing variable speed drives on the
influent pumps at the Ithaca Area Wastewater Treatment Plant for an
cost of approximately $7 , 000 and have found this to be a project
with both short term and long term benefit, and
WHEREAS, this project has been endorsed by the Special Joint
Subcommittee, and
WHEREAS, payback from this purchase is expected to occur from a
reduction in electric bills; now, therefore, be it
RESOLVED, That the 1993 Authorized Joint Activity Fund Equipment
List be amended for the following:
Two ( 2 ) Variable speed drives for influent pumps
and be it further
RESOLVED, That an amount not to exceed $7 , 000 be transferred from
Account J8150-410 Utilities to J8150-225 Other Equipment for the
purchase of said equipment .
Carried Unanimously
23
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May 5 , 1993
* 15 . 17 Finance Department __ Chamberlain-Request to Deny Waiver
of Penalty
By Alderperson Booth : Seconded by Alderperson Hoffman
WHEREAS, the property owner of 214 South Hill Terrace has filed a
request to waive a $37 . 09 penalty on tax bills sent to the bank
listed on the bill as the tax billing address, even though the
mortgage was paid off on a prior date; now, therefore, be it
RESOLVED, That the request to waive the $37 . 09 penalty on taxes be
denied in accordance with New York State Real Property Tax Law.
Carried Unanimously
* 15 . 18 Finance Department - Chamberlain - Request to Approve
Updated Wire Transfer Agreement
By Alderperson Booth : Seconded by Alderperson Berg
RESOLVED, For purposes of utilizing the Funds Transfer Service of
Fleet Bank ( "Bank" ) , the City of Ithaca ( "City" ) enters into a
Funds Transfer Agreement with the Bank containing such terms and
provisions as the City and Bank shall agree to, including agreement
that the Funds Transfer Agreement shall authorize such one or more
officers of the City to effect funds transfers on behalf of the
City and to debit and withdraw funds from one or more City accounts
maintained with the Bank; and that in order to accomplish the
foregoing, Debra A. Parsons , as City Chamberlain, acting singly,
shall have full power and authority to execute the Funds Transfer
Agreement, including the designation of such one or more officers
of the City who shall have the power and authority to effect funds
transfers and to debit and withdraw funds from the City' s accounts,
and such additional documents as the Bank shall request .
Carried Unanimously
* 15. 19 Finance Department - Chamberlain_- Request to Deny Waiver
of Penalty
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the property owner of 118 Wait Avenue has filed a request
to waive a penalty on tax bills because of failure to understand
tax payment process; now, therefore, be it
RESOLVED, That the request to waive the tax penalty be denied.
Carried Unanimously
* 15 .20 Audit
By Alderperson Booth : Seconded by Alderperson Hoffman
RESOLVED, That the bills presented, as listed on Audit Abstract
#8/1993 in the total amount of $87 , 831 . 43 be approved for payment .
Ayes ( 9 ) Blanchard, Romanowski, Daley, Efroymson,
Johnson, Booth, Golder, Schroeder, Hoffman
Abstentions ( 1 ) Berg (possible conflict of interest)
Carried
* 15.21 Bond Resolution
By Alderperson Booth : Seconded by Alderperson Johnson
BOND RESOLUTION DATED MAY 5, 1993 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $250, 000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF
DREDGING AND THE CONSTRUCTION OF DIKES AND BULKHEADS FOR FLOOD
CONTROL PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have been
performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
24
May 5, 1993
RESOLVED, By the Common Council of the City of Ithaca, Tompkins
County, New York, as follows :
Section 1 . For the specific object or purpose of paying the
cost of dredging and the construction of dikes and bulkheads for
flood control purposes in Cayuga Lake, in and for the City of
Ithaca, Tompkins County, New York, there are hereby authorized to
be issued $250, 000 serial bonds of the City of Ithaca, Tompkins
County, New York, pursuant to the provisions of the Local Finance
Law.
Section 2 . It is hereby determined that the maximum estimated
cost of the aforesaid specific object or purpose is $250, 000 and
that the plan for the financing thereof is by the issuance of the
$250, 000 serial bonds of said City authorized to be issued .
Section 3 . It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is
thirty years, pursuant to subdivision 22 (a) of paragraph a of
w Section 11 . 00 of the Local Finance Law.
Section 4 . Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer . Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as the
same respectively become due and payable . An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year .
Section 6. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed in
the name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 7 . The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds . The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 8 . All other matters , except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds , prescribing the
method for the recording of ownership of said bonds , appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of the its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City) , the date,
denominations , maturities and interest payment dates , place or
places of payment, and also including the consolidation with other
25
84.
May 5, 1993
issues, shall be determined by the City Controller . It is hereby
determined that it is to the financial advantage of the City not to
impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70 . 00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent . Such bonds
shall contain substantially the recital of validity clause provided
for in section 52 . 00 of the Local Finance Law and shall otherwise
be in such form and contain such recitals in addition to those
required by section 52 . 00 of the Local Finance Law, as the City
Controller shall determine .
Section 9. The validity of such bonds and bond anticipation
notes may be contested only if :
1 ) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2 ) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3 ) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury regulations Section 1 . 103
- 18 (f) . Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on long-
term basis, or otherwise set aside with respect to the permanent
funding of the object or purpose described herein .
Section 11 . This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal , the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81 . 00 of the Local
Finance Law.
A Roll Call vote resulted as follows :
Blanchard - Aye Romanowski - Aye
Daley - Aye Hoffman - Aye
Berg - Aye Johnson - Aye
Booth - Aye Efroymson - Aye
Golder - Aye Schroeder - Aye
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Police/Community Relations - Report
Alderperson Johnson reported that the Police/Community Relations
sub-committee for training has submitted their final
recommendations for police training, neighborhood policing,
community education, etc . , to the Task Force Steering Committee .
A copy of the recommendations will be forwarded to Council . The
Human Services Committee, the Community Police Board, the Mayor,
and the Police Chief will be addressing these recommendations .
City-County Agreement for Human Services Funding - Report
Alderperson Johnson reported that the Mayor has submitted the
County-City Committee assignments to Council . He further stated
that Alderperson Efroymson and himself_ will be representing the
City' s Human Services interests .
26
8
May 5, 1993
Mayor Nichols reported that as a result of the sales tax agreement
that was made with the County, he and the Chairman of the County
Board have created four working committees to review the
consolidation of funding for human service agencies, youth
development and recreation mainstreaming, and transit . Barbara
Mink will convene the human services meeting, the Mayor will
convene the transit meeting, and the Mayor will appoint someone to
convene the youth development meeting.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17 . 1 City Comments on Route 96 Project Preliminary Design
Drawings
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, the New York State Department of Transportation has
provided the City of Ithaca the opportunity to review drawings of
the preliminary plans for the project, prior to proceeding with the
detailed final design phase, and
l WHEREAS, the City wishes to provide comments and recommendations
Y— concerning the design in a timely manner, for DoT' s use, and
,t--
' WHEREAS, interested City officials , agencies and staff have
accordingly reviewed the plans and prepared a list of comments;
_ now, therefore, be it
RESOLVED, That the "Major Design Considerations" and "Comments and
Recommendations of the City of Ithaca Regarding Final Design of
Route 96 Improvements " are hereby endorsed by this Common Council ,
for forwarding by the Mayor to the New York State Department of
Transportation .
Alderperson Blanchard explained the background of the major design
considerations . She further stated that she is still not satisfied
that the west end business community has had a proper opportunity
to respond to the design recommendations .
Common Council made several changes on the floor to the "Major
Design Considerations" and the "Comments and Recommendations of the
City of Ithaca Regarding Final Design of Route 96 Improvements"
documents . The amendments have been incorporated, and the final
versions that will be sent to the Department of Transportation read
as follows :
MAJOR DESIGN CONSIDERATIONS
1 . Inclusion of the relevant aspects of the Inlet Island Land Use
Plan, particularly with respect to pedestrian access beneath
the east end of the new Route 89 bridge, sidewalk connections
and landscaping.
2 . Consideration for pedestrian and bicyclist safety as well as
vehicle movement in the design of corner radii throughout the
project area and in the method and timing of signalization .
3 . Recognition of the important visual impacts and aesthetic
opportunities related to the construction and reconstruction
of all of the project bridges .
4 . Construction of park and ride lots, both in the City and north
of the City line, to serve commuter traffic with destinations
east of the flood channel .
5 . Recognition that new land uses within the project area, as
well as natural increases in non-motorized traffic, require
particular attention to the needs of pedestrians, bicyclists
and individuals with disabilities .
27
86
May 5, 1993
6 . Consideration of the land use impacts, including the impact on
adjacent businesses , of reconfiguring the Buffalo Street-
Taughannock Boulevard intersection and widening Buffalo
Street .
7 . Inclusion of design elements that will capitalize on the
opportunities to introduce visual amenity into the project
area, as detailed in the attached comments and
recommendations .
8 . Recognition of the complex nature of the State/Seneca/Brindley
intersection and of the need to improve its relationship to
the project as a whole.
9 . Inclusion of curb extrusions, where appropriate, to provide a
transition from high-volume traffic arteries to lower-volume
streets in commercial and residential areas .
10 . Maintenance of adequate access to adjacent properties in the
West End commercial area including existing and potential
commercial areas on Inlet Island.
11 . Consideration of all possible techniques for mitigating
traffic through residential neighborhoods affected by the
project, as detailed in the attached comments and
recommendations .
12 . Acknowledgement that the City retains the right to regulate
parking on all City streets except on State-maintained urban
arterials .
13 . Provision for access for people with disabilities .
COMMENTS AND RECOMMENDATIONS OF THE CITY OF ITHACA
REGARDING FINAL DESIGN OF ROUTE 96 IMPROVEMENTS
With the understanding that comments , questions and requests
from the City of Ithaca concerning final detailed design of the
Route 96 Improvements should be conveyed to the New York State
Department of Transportation without delay, in order to receive
thorough consideration, City officials, agencies and staff have
reviewed the most recent project documents available, and have
developed the following list . Common Council endorses this list
and forwards it to NYSDoT for use in preparation of the final
design. We believe that incorporation of the items listed will
result in a facili�y that meets City and State objectives
satisfactorily.
STREET AND BRIDGE DESIGN ISSUES
State/Seneca/Brindley Intersection
We believe that satisfactory function and safety of this
intersection, which is an integral component of the circulation
system problems that this project is intended to deal with,
should also be part of the solution. The present configuration of
this expansive intersection is confusing and somewhat dangerous .
The City may have some useful recommendations on these problems,
and would be interested in meeting with DoT to discuss them.
State and Meadow Intersection
The plans call for elimination of parking on the south side of
State Street east of Meadow, with the addition of a long island
widening toward the intersection . Also, the curb extrusion, or
apron, on the south side of State Street near the intersection is
to be removed. Given that the block of State between Meadow and
Corn will still have only two travel lanes , that the volume of
eastbound traffic in this block is not projected to increase
28
87
May 5 , 1993
radically, and that movement through the intersection will be
simplified, this change seems excessive . In addition, the
elimination of the parking lane on the south side of the street
would present a hardship to those businesses located along the
street . We would propose to leave the existing parking on both
sides of the street, and request that DoT examine the possibility
of leaving the extrusion in place, or, if this does not meet design
standards , constructing a shorter island .
Curb Extrusions
Furthermore, the City feels generally that curb extrusions,
such as the one on State Street, help announce the transition from
a high-volume traffic artery to lower-volume streets in commercial
and residential areas , informing motorists that they should slow
down and look out for pedestrians . The City would like DoT to
consider construction of similar extrusions on Cascadilla, Esty,
Court, Buffalo Streets , and Cleveland Avenue as part of the
project. Curb extrusions should allow sufficient width to permit
safe passage of adjacent bicycles and motor vehicles . This is
especially important on Buffalo Street which is a proposed bike
route.
Curb Cuts and Property Access
It is difficult to interpret from the drawings where curb cuts
will be allowed. We would like to have the opportunity to discuss
.M., ., with DoT how property access will be maintained along the newly
constructed and rebuilt portions of the roadway; particularly, it
is unclear whether there will be any change in how motorists will
gain access to the Station Restaurant or the parking lot in front
of it at the corner of Taughannock Boulevard and Buffalo Street .
Another such spot is the "Greenstar" site, where vehicular access
to and from Buffalo Street is needed for the continued commercial
viability of that site . If more City input on this matter is
desired, please let us know.
There are likely to be many other properties along the new
roadways where access will be required if the property is not to be
taken. For instance, the City' s Inlet Island Land Use Committee
report, which has been adopted by both the Planning Board and the
Common Council as a part of the official Master Plan for the City,
calls for the reuse of some of the parkland area lying west of
Taughannock Boulevard and north of the Station Restaurant, bounded
on the north and west by the new Route 89 bridge and the flood
control channel . This land is to be converted to commercial or
residential uses . It is very important that access from the new
Route 89 roadway be permitted to this parcel . (Please refer to the
report, copies of which have been provided previously to DoT; map
8 of the report depicts land uses . )
Regarding land use on the triangle surrounded by Seneca and
State Streets and Taughannock Boulevard, it is unclear from the
drawings where future curb cuts will be allowed. Obviously, the
repair garage requires curb cuts , as do the other businesses which
have off-street parking. We assume these issues will be addressed
in the next design phase .
Inlet Island Land Use Plan
As noted above, the Inlet Island Land Use Committee report has
been adopted as a part of the City' s Master Plan . It is important
that DoT final designs be coordinated with the relevant aspects of
the Inlet Island Land Use Plan, particularly with respect to
pedestrian access and landscaping. We would request that
consideration be given to inclusion in the project of walkways that
connect the sidewalks at the east ends of the new Route 96 and 89
bridges to the eastern edge of the flood channel , where the City
proposes to establish a pedestrian path as shown in that plan .
29
88
May 5 , 1993
The Inlet Island Land Use Plan also reflects a widely-held
concern for the visual impacts of the project, calling for City
input into the design of the new bridges to insure that they are
"outwardly attractive and that they offer pleasing and unobstructed
views to motorists and pedestrians passing over them. "
The City feels it would be advisable to light all bridges
included in the project, for traffic and pedestrian safety;
selection of light standards and luminaries should be guided by the
same considerations of design attractiveness , to complement the
bridges .
Corner Radii
We note that there are a number of corners where the radius
appears to be excessive . There is always a conflict between ease
of movement for vehicles and pedestrian safety . Generally
speaking, the City wishes to favor pedestrian safety over vehicle
speed. The intersections where we believe the radius is excessive
include :
Corners of Taughannock Boulevard and new Route 89
(both north and south radii ) , and
Corners of access road (current Park Road/Route 89 ) to
properties on Cliff Street and Route 96 . Both of these
intersections will have substantial pedestrian and
bicycle use . The wide turning radius makes the
pedestrian crossing more hazardous .
The northwest corner of State Street and Taughannock
Boulevard. We recognize that there may be some truck
turning movements from Taughannock to State and that
these turns need to be accommodated in the design .
The northwest corner of State and Seneca Street could
come to a point since there should be no movement from
Seneca to State Street eastbound.
The northeast corner of Clinton and Meadow.
Land Use Impacts of Reconfiguring Buffalo Street-Taughannock
Boulevard Intersection
Although the drawings are a bit difficult to read, it
appears that the curb at the northeast corner of Buffalo Street and
Taughannock Boulevard may be relocated. If that is correct, the
resultant narrower sidewalk may further threaten the viability of
the business located on that corner . Also , this sidewalk is used
and will be used increasingly by pedestrians and by children riding
bicycles to Cass Park. Serious consideration should be given to
the long-range impact of the project on this business and to the
safety of pedestrians using this sidewalk. Please explain how
pedestrians and child bicyclists could be accommodated safely on
the proposed sidewalk.
Seneca Street Bridge
Although the FEIS does not specify, we understand that this
bridge is to be replaced in the first phase of the project . Is
that correct?
The centerline of the bridge appears not to be aligned with
the centerline of the block of Seneca Street between Taughannock
Boulevard and State Street on the 50-scale plans, whereas it does
seem to line up on the Design Recommendation Plan in the FEIS .
Which of these is correct? We believe it would be better to align
these blocks . It appears that the bridge as now proposed will have
sidewalks on both sides , as the City had felt desirable .
30
May 5, 1993
Other Barge Canal Bridges
The Buffalo and State Street bridges should also have
sidewalks on both sides and adequate provisions for bicycles (at
least fourteen-foot lanes ) .
Bridge Railings
The views both to the north and south from all the bridges
over the old Cayuga Inlet/barge canal are of interest to anyone
crossing that waterway, and will in all .likelihood become a greater
visual resource . If at all possible, we encourage DoT to use
attractive railings that permit pedestrians, bicyclists, and
vehicle passengers to enjoy the view as they cross the bridges .
Similarly, we ask that the railings of the new Rt . 96 and 89
bridges over the flood channel present as little visual obstruction
as possible .
Route 13/Six Mile Creek Bridge
The City for some time has felt that the intersection of
L0 Clinton, Fulton and Meadow Streets will be a problem after
construction of the project . Notwithstanding DoT' s conclusion on
this issue, as expressed in the FEIS (p414 ) , we recommend that DoT
begin immediately, following completion of construction of this
project, intensive monitoring of traffic at this location as part
of a continuing reevaluation of the need for widening the Meadow
Street bridge over Six Mile Creek.
Project Construction Scheduling
It is our understanding that construction scheduling will be
discussed with the City' s Department of Public Works .
TRAFFIC AND PARKING ISSUES
Traffic in Residential Neighborhoods
We anticipate that there will be significant traffic impacts
east of Meadow caused by the project . We would request DoT examine
this possibility, or at least agree to a full set of vehicular
counts before and after construction so that we could ascertain
whether traffic has increased on other than State numbered routes
after construction of the project . If such increases do occur,
especially on Buffalo and Court, we would request that DoT assist
the City in controlling this increase or mitigating its impact .
Traffic on Residential Streets
The City would like to take whatever measures are possible to
discourage through traffic from using Buffalo Street east of
Meadow. We believe there may a temptation on the part of some
westbound motorists to shift from Seneca onto Buffalo before
reaching Meadow Street . One such measure the City would like to
explore is the possibility of installing signs on Seneca which
would encourage motorists not to turn north to Buffalo Street
before Meadow.
On-street Parking Regulations
It is our understanding that the City regulates parking on all
city streets except on State--maintained urban arterial highways .
This will continue to be the case, and, therefore, the proposed
changes in on-street parking shown in the plans will be implemented
by the City when and if determined necessary, not automatically on
completion of construction of the physical improvements .
The benefits of on-street parking are more than simply
convenience for adjoining land uses , residential or commercial . A
parking lane buffers the pedestrian zone and reduces drivers '
tendency to speed. To the greatest degree possible, we intend to
take measures such as retaining on-street parking to mitigate the
impacts of traffic on residential streets .
31
90
May 5, 1993
It is the City' s intention to retain the right to have on-
street parking as now signed east of Meadow Street on Cleveland
Avenue, Buffalo, Court, Esty and Cascadilla Streets, and
Taughannock Boulevard.
North Fulton Street
In accordance with an agreement reached previously between the
City and NYS DoT, parking will be permitted on the east side of
North Fulton until traffic volumes require its removal . Please
confirm this . This will be especially important for the
residential 300 block, helping somewhat to offset the major changes
in conditions that will affect them.
West Clinton Street
If possible, we would prefer to retain the existing on-street
parking on the North side of Clinton St . east of Meadow, with any
widening of the pavement that might be entailed occurring on the
South side .
Park and Ride
The City believes it is necessary to construct Park and Ride
lots west of the Octopus, both in the City and north of the City
line, to serve commuter traffic with destinations east of the flood
channel . The construction of these lots along Route 96 will help
mitigate some of the construction impacts, as well as long-term
impacts of the project . The City has identified and investigated
various alternative locations for such Park and Ride facilities .
We believe that a Park and Ride lot along Cliff Street is an
important mitigating measure that should be implemented as part of
the first phase of the project .
BICYCLE AND PEDESTRIAN ISSUES
Non-motorized Traffic Needs
The project area is an older residential sub-neighborhood as
well as being a crossroads for several major streets . Because of
its location and the concentration of traffic routes , there is
considerable potential for redevelopment activity to be triggered
by the project . Accordingly, the project should provide for
increased levels of non-motorized traffic generated by new land
uses within the project area, as well as the natural increase in
foot and bicycle traffic passing through . In addition to adequate
pavement, the signage, signalization and timing ( including
pedestrian- and bicycle-actuated signals ) , lighting and striping
for this segment of the traffic stream are important details .
Bicycle Accommodations
It is our understanding that both the Route 96 and Route 89
bridges over the flood channel will have fourteen-foot wide right
lanes in each direction . These wide lanes are designed to
accommodate shared use by motorized vehicles and bicycles .
However, this commitment is not reflected in either the plans or
the FEIS; in fact, the FEIS discussion (pp4-51 , -52 ) seems almost
resistant to measures to accommodate bicycles . We hope that DoT
will give serious consideration to meeting the legitimate needs of
bike traffic throughout the project area .
Further, we note that revised Table 3 , FEIS p. 5-2 , and the
plans indicate that the replacement bridges over the old Cayuga
Inlet are proposed to have right lanes only twelve feet wide. Both
the Buffalo and State Street bridges are on proposed City bicycle
routes . If roadways crossing any of the project bridges are to
accommodate bicycles by means of wide curb lanes, lane width should
not be decreased at the bridges. It seems obvious that the
implications of accommodating bicycles may be substantial , and we
request that DoT make a special effort to include City
representatives in examining the alternatives at the earliest
opportunity.
32
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May 5 , 1993
There appears to be no safe way for bicyclists heading
southbound on the Cass Park Bike Trail to get onto the Route 89
bridge southbound. One alternative may be to use the trail, which
is to continue under the new bridge, and then loop it back to the
west side of the bridge .
The transition from the northbound lane of the Route 89 bridge
and sidewalk to the Cass Park Bike Trail also appears to be sub-
optimal . Further study seems to be needed to provide a layout that
minimizes the potentials for bicycle-bicycle and bicycle-pedestrian
conflicts .
The City would like to have an early opportunity to
review the construction details for the project to insure that, in
every case where possible, bicycle accommodations are made . These
details would include curb and gutter sections , storm drain inlets ,
pavement markings , etc . In addition, attention should be given to
safe bicycle movement including adequate lane width throughout the
project area.
-- Sewer Siphon Across Flood Control Channel
It appears from your drawing that the relocated bike route on
the west side of the flood control channel near the new Route 96
bridge goes directly over a manhole for the City' s sewer siphon .
This appears to be a sub-optimal location . We hope the bike route
can be relocated in final design .
Pedestrian Safety
We believe it would be appropriate to install a pedestrian
actuated walk phase on all traffic signals along Meadow and Fulton
Streets . If this is not possible, it is essential that east-west
pedestrian movement be accommodated across the major arteries . The
red-time given to pedestrians must be long enough to allow people,
including those with mobility and vision impairment, to cross in
safety. There should also be provisions such as audible signals
for those who are visually impaired .
The City would be interested in exploring the possibility with
DoT of including in the project pedestrian crosswalks constructed
of a different pavement material , such as brick, cobblestone, or
other material . Such features help remind drivers through sight,
sound and feel to be aware of pedestrians, and are a visual amenity
as well .
Pedestrian Access Under Rt . 89 Bridge
We have previously discussed with DoT staff the City' s desire
that pedestrian access be provided under the east end of the new
Route 89 bridge over the Flood Control Channel . The City has
indicated that it would find acceptable a design with the
appropriate underclearance where the sidewalk surface would be
below the 100- year flood elevation . (Please see map no . 8 of the
report of the Inlet Island Land Use Committee . DoT has several
copies of this report . If an additional copy is needed, please let
us know. )
Access to Cass Park from West Hill
The considerable amount of pedestrian traffic to and from Cass
Park can confidently be expected to increase . Necessary pedestrian
facilities should be included in all new construction .
Specifically, we notice that there appears to be no direct way for
pedestrians from Hector Street to get to the bikeway which goes
under the existing State Street Bridge . A connection from the
sidewalk on Hector Street (Route 79 ) to the bikeway as it crosses
between the State Street and Route 96 bridges would solve this
problem.
33
92
May 5 , 1993
Access from the sidewalk on the east side of Cliff Street to
Cass Park should also be provided as part of the project . Since
construction in this area will remove the existing steps east of
the current Park Road intersection, and the plans indicate
extensions of the sidewalks around the corners , we would suggest
that the walk coming off the new bridge be further extended to
connect with the bike path, rather than dying into the road
shoulder .
Handicapped Accommodation
Use of project sidewalks by the handicapped may require more
than simply providing properly-designed curb aprons at
intersections . Please provide a complete description of the
proposed measures for handicapped access throughout the project
area . This should include, in addition to the locations of all
accessible curb aprons, a description of signalization, timing,
control devices , and audible signal devices to be included to
enable all segments of the handicapped community to circulate as
freely as possible . Handicapped parking spaces should be provided
on Meadow Street .
AMENITY
Visual Amenity
In accordance with previous City-DoT conversations , DoT has
designated a parking lane on Meadow Street from Clinton Street to
north of Cascadilla Street, with the exception of the blocks
between State and Buffalo . We believe this provides an excellent
opportunity to introduce some amenity which is now sorely lacking
to this heavily trafficked street . Since the parking lane need
only be eight feet wide and a moving lane is twelve feet, we
presume that would allow for four extra feet to be dedicated to a
curb lawn which could accommodate trees . There is, evidently,
already a curb lawn of about two feet along this stretch on the
west side of Meadow. We would urge that DoT combine the four feet
from the parking lane and two feet from the existing curb lawn into
a usable six foot curb lawn with plantings .
State Street between Seneca and Taughannock Boulevard
The project drawings indicate that the curb line on the north
side of State is to be moved several feet south . This excess
right-of-way width presents an opportunity for a parking lane as
well as for inclusion of street tree plantings, similar to what is
suggested for some blocks of Meadow Street .
Station Restaurant
We notice that the lines indicating the engine of the Station
Restaurant ' s train are dashed. We assume this does not mean that
the engine is to be removed. However, could you tell us what is
the significance of those dashed lines?
Brindley Park
The City' s Inlet Island Land Use Plan calls for the
preservation of the Brindley Park fountain . We have been told
previously by DoT, and the current drawings show, that the final
design will preserve this attractive local feature . Please inform
us of measures that will be taken to safeguard the fountain
structure during project construction .
A vote on the Resolution resulted as follows :
Carried Unanimously
* 17 .2 Environmental Review of Cascadilla Boathouse Project
By Alderperson Schroeder : Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has received a matching grant of
$49 , 560 made available under the New York State Environmental
Quality Bond Act through the New York State Office of Parks ,
34
May 5 , 1993
Recreation and Historic Preservation, (OPRHP) , for the
stabilization of the Cascadilla Boathouse and
WHEREAS, completion of an environmental review as set forth in the
City' s Environmental Quality Review Act is a condition of the
agreement between OPRHP, and
WHEREAS, the OPRHP has determined that where there are no other
involved agencies, municipalities may assume lead agency status
without written notification to OPRHP, and
WHEREAS, there are no other agencies involved with the undertaking,
as set forth in Section 176-6 of the Municipal Code, Environmental
Quality Review Act, and
WHEREAS, the project meets criteria for classification as a Type II
action as set forth in Section 176-13 of the Municipal Code; now,
therefore, be it
�.0 J
y.._ RESOLVED, That the Common Council assumes lead agency status for
- the environmental review of the stabilization of the Cascadilla
�Y
Boathouse, and be it further
RESOLVED, That the Common Council classifies the project as a Type
II action, not subject to review as set forth in Section 176-13 of
the Municipal Code .
Carried Unanimously
* 17 . 3a An Ordinance Amending Chapter 325, Regarding M-1 Zone
Permitted Uses and Maximum/Minimum Building Height - Declaration of
Lead Agency Status for Environmental Review
By Alderperson Schroeder : Seconded by Alderperson Johnson
WHEREAS, State Law and Section 176 . 6 of the City Code require that
a lead agency be established for conducting environmental review of
projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed modifications to the M-1 zone : eliminating
"wholesale business " and "warehouse storage facility" from the list
of allowable uses; reducing maximum height for certain uses from 70
feet to 50 feet; and establishing the minimum building height at 25
feet require review under the City' s Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed modifications
to the M-1 zone .
Carried Unanimously
* 17 . 3b Declaration of NoSig-nificant _Environmental Impact
By Alderperson Schroeder : Seconded by Alderperson Johnson
WHEREAS, Planning and Development Committee has recommended
modifications to the M-1 zone which will help to create a
development pattern consistent with the Inlet Island Land Use Plan,
and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act and is a Type I action under
the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
35
94
May 5, 1993
RESOLVED, That this Common Council as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
fully set forth on the City ' s Short Environmental Assessment Form
dated March 5 , 1993 , and be it further
RESOLVED, That this Common Council as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk' s Office and forward the same to any other
parties as required by law.
Carried Unanimously
* 17 . 3c An Ordinance Amending Section 325-8 of Chapter 325
Entitled `Zoning' of the City of Ithaca Municipal Code, Regarding
M-1 Zone Permitted Uses and Maximum/Minimum Building Height
By Alderperson Schroeder: Seconded by Alderperson Johnson
ORDINANCE NO. 93 -
An Ordinance Amending Chapter 325-8 of Chapter 325, Entitled
"Zoning" of the City of Ithaca Municipal Code, Regarding M-1 Zone
Permitted Uses and Maximum/Minimum
Building Height
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows :
Section 1 . That Section 325-8 entitled "District Regulations"
and the official zoning map of the City of Ithaca, New York, as
last amended, are hereby amended to delete from the permitted
primary uses in the M-1 zone "Wholesale business" and "Warehouse
storage facility" .
Section 2 . That Section 325-8 : District Regulation Chart,
Column 8 and 9 be amended to add to residential , hotel , motel ,
boatel , the following: mixed use projects consisting of retail ,
office and residential uses and that the Number of Stories for
these uses be reduced from 6 to 5 and the Height in Feet be reduced
from 70 feet to 50 feet .
Section 3 . That Section 325-8 : District Regulation Chart,
Column 16 be amended to add a minimum building height of 25 feet .
Section 4 . Effective date . This ordinance shall take effect
immediately in accordance with law upon publication of a notice as
provided in the Ithaca City Charter .
Carried Unanimously
Public Speakou-V--- on Postal Service in_ Ithaca - Report
Alderperson Schroeder reported that 23 people spoke at the hearing,
opposing the lack of postal services downtown .
Bicycle Advisory Council Recommendations - Report
Alderperson Schroeder reported that the Planning and Development
Committee will recommend to the Budget and Administration Committee
that approximately $2 , 000 . be allocated from the Bicycle Advisory
Council ' s funds to install bicycle racks on City buses .
CHARTER AND ORDINANCE COMMITTEE:
Agenda Items 18 . 2 and 18 . 3 , Local Laws to amend the salaries of the
Mayor and Common Council members were withdrawn at the request of
Alderperson Hoffman .
36
9.5
May 5 , 1993
City Attorney Guttman stated that he has laid on the table modified
copies of the Local Laws to be considered at the June 2 , 1993
meeting.
* 18.4 An Ordinance Amending Sections 228-7 Entitled `Appeals' and
228-5D Entitled `Meeting to Review Plans; Time Limit' of Chapter
228 Entitled `Landmarks Preservation'_ of the City of Ithaca
Municipal Code - Call for Public Hearing
By Alderperson Hoffman : Seconded by Alderperson Johnson
AN ORDINANCE AMENDING SECTIONS 228-7 ENTITLED `APPEALS' AND
228-5D ENTITLED `MEETING TO REVIEW PLANS; TIME LIMIT' OF CHAPTER
228 ENTITLED `LANDMARKS PRESERVATION' OF THE CITY OF ITHACA
MUNICIPAL CODE - CALL FOR PUBLIC HEARING
RESOLVED, That Ordinance No . 93 - entitled "An Ordinance amending
Sections 228-7 entitled`Appeals ' and 228-5D entitled `Meeting to
Review Plans; Time Limit ' of Chapter 228 entitled ` Landmarks
Preservation ' of the City of Ithaca Municipal Code is hereby
,� - introduced before Common Council of the City of Ithaca, New York,
and be it further
in RESOLVED, That the Common Council shall hold a public hearing in
Z the matter of the adoption of the aforesaid Ordinance to be held at
65 the Common Council Chamber, City Hall , 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, June 2 , 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 describe the proposed ordinance .
This notice shall be published once at least fifteen ( 15 ) days
prior to the public hearing.
The Ordinance to be considered is as follows:
ORDINANCE AMENDING CHAPTER 228 ENTITLED "LANDMARKS PRESERVATION" OF
THE CITY OF ITHACA MUNICIPAL CODE"
BE ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows :
Section 1 . Chapter 228 entitled "Landmarks Preservation" of
the City of Ithaca Municipal Code is amended as follows :
1 . Subdivision D of Section 228-5 entitled "Alteration Permit
Procedure" which currently reads as follows :
" [D. Meeting to review plans; time limit . The Landmarks
Preservation Commission shall meet within fourteen ( 14 ) days after
notification by the Building Commissioner of the filing, unless
otherwise mutually agreed upon by the applicant and the Commission,
and shall review the plans according to the duties and powers
specified herein . In reviewing the plans , the Commission may
confer with the applicant or the applicant ' s authorized
representative for the alteration permit . ] "
Is hereby deleted and replaced with the following:
"The public_ hearing.___Priorto _rendering any decision on an
application for Certificate of___Appropriateness , the Landmarks
Commission shall first hold a oublic_hearingon the proposed action
in order to allow interested-per-sons,.-an-- opportunity to comment on
the plan . The public hearing shall be held within forty-five ( 451
days of the date a complete_ application_.is_ made to the Landmarks
Preservation _Commission . of the hearing shall be
published in the City-'s- official- newspaper at least three (3 ) days
37
96
May 5 , 1993
before the date of the public hearirig_. The notice of public
hearing shall specify the time and place _wher_e__the hearing will be
held, a brief description of the proposal and the place where the
proposal may be reviewed prior to the _hearing._ The right to speak
at a public hearing shall be reserved for _-any city resident or
property owner" .
2 . That Section 228-7 entitled "Appeals " is hereby amended to
read as follows :
"228-7 Appeals . [Appeals may be taken to the Common Council
by any person aggrieved by a ruling or determination of the
Landmarks Preservation Commission. ]
Any person aggrieved by any decision of the Landmarks Preservation
Commission may apply to the Supreme Court in the State of New York
for review under Article 78 of the Civil Practice Law and Rules . "
Section 2 . This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in the
Ithaca City Charter.
Carried Unanimously
NEW BUSINESS ITEMS :
22 . 1 Welcome Tenants to Comex Plaza
By Alderperson Daley: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca is encouraging a greater use and
broader mix of activity in the Central Business District, and
WHEREAS, the new tenants of the Comex Building, specifically
Tompkins Cortland Community College, Thomas Associates , and
Tompkins County Trust Company will be dynamic and valued additions
to the Commons vitality; now, therefore, be it
RESOLVED, That this Common Council congratulates Comex Associates
for adding such strong and diverse tenants to our downtown and this
Common Council welcomes Thomas Associates , Tompkins Cortland
Community College, and Tompkins County Trust Company as exciting
parts of what is now an even more dynamic downtown .
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 11 : 55 pm, until 9 : 30 pm,
May 6, 1993 .
38
May 6, 1993
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
May 6, 1993 9 : 30 P.M. Common Council Chambers
Present:
Mayor Nichols
Alderpersons ( 9 ) Blanchard, Romanowski , Daley, Efroymson, Johnson,
Golder, Schroeder, Berg, Hoffman
Others Present:
City Attorney - Guttman
City Clerk - Paolangeli
Absent:
L0 Alderperson Booth
y-
y�-m Common Council Appointment:
Local Advisory Board of Assessment Review
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That Marie Tishler, 152 Oakwood Lane, be appointed to the
Local Advisory Board of Assessment Review to replace Martha Preston
who is not able to serve .
Carried Unanimously
(9-0)
Strand Theater
Mr. William Avramis addressed Council to request a time extension
so that he could make a purchase offer for the Strand Theater.
Alderperson Daley left the meeting at 9 : 35 p .m.
Motion to Adjourn
By Alderperson Romanowski : Seconded by Alderperson Blanchard
RESOLVED, That this meeting be adjourned .
Ayes ( 3 ) Johnson, Romanowski, Blanchard
Nays ( 5 ) Berg, Hoffman, Schroeder, Efroymson, Golder
Motion Fails
Alderperson Blanchard and Alderperson Romanowski left the meeting
at 9 : 40 p.m.
Mr . Jordan Puryear addressed Council to urge them to preserve the
Strand Theater . He stated that Mr . Avramis has the capability to
buy the Strand Theater, and Mr . Puryear ' s group has the capability
to renovate and manage it . He further stated that his group can
show reasonable long term viability.
Mr . Puryear noted that although the building needs a lot of
renovations and hard work, it is structurally sound . He further
stated that he has spoken with people from the National Trust, and
there is a possibility that this project would qualify for a loan .
Mr . Allan MacNeil addressed Council to explain why additional time
is needed to make a formal purchase offer . He further stated that
Mr. Avramis is willing to put two of his buildings up for sale to
purchase the Strand, and to put $200 , 000 . into the escrow account .
He stated that they will be meeting with Mr . Avramis ' legal counsel
tomorrow morning to draw up the necessary papers .
39
98
May b , 1993
Resolution
By Alderper.son Hoffman : Seconded by Alderperson Efroymson
RESOLVED, That after the end of tonight ' s session, Council will
adjourn until 1 : 30 pm, Friday, May 7 , 1993 .
Discussion followed on the floor regarding the appropriateness of
the motion .
Further discussion followed regarding the purchase offer
requirements .
A vote on the Resolution resulted as follows :
Ayes ( 6 ) Hoffman, Berg, Golder, Schroeder, Johnson,
Efroymson
Nays ( 0 )
Carried Unanimously
(6-U)
ADJOURNMENT:
On a motion the meeting was adjourned at 10 : 35 pm, until Friday,
May 7 , 1993 at 1 : 30 pin.
40
99
May 7 , 1993
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
May 7 , 1993 1 : 30 P .M. Common Council Chambers
PRESENT:
Mayor Nichols
Alderpersons ( 8 ) Blanchard, Daley, Efroymson, Johnson, Golder,
Schroeder, Hoffman, Berg
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
ABSENT:
Alderperson Romanowski - Excused for Work
r Alderperson Booth - Excused for Work
Strand Theater
Mr . Jordan Puryear thanked Common Council for their cooperation and
may_ assistance to his group during their purchase offer negotiations .
- y He stated that Mr . and Mrs . Avramis are not able to sign any legal
papers at this time . He further stated that his group is fully
dedicated to following through with this project, and that Mr .
Allan MacNeil is prepared to sign a lien to the City on his future
royalties from his book, to cover the cost of what the City could
potentially lose by not accepting Mr . Park' s purchase offer .
Mayor Nichols thanked Mr . Puryear for his report and stated that he
would be willing to work with Mr . Puryear and his group on
promoting the arts downtown through other means .
Adjournment•.
On a motion the meeting adjourned at 1 : 42 p .m.
Callista F. Paolangel" BenjaAin Nichols
City Clerk Mayor
41