HomeMy WebLinkAboutMN-CC-1993-06-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. June 2, 1993
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Efroymson, Johnson, Blanchard, Hoffman,
Daley, Schroeder, Berg, Romanowski, Golder
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Guttman
Planning and Development Director - VanCort
Police Chief - McEwen
Building Commissioner - Eckstrom
Fire Chief - Wilbur
Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the May Council meeting was postponed
until the July 7, 1993 meeting.
COMMUNICATIONS FROM THE MAYOR:
Mayor Nichols made the following announcements:
On Tuesday, June 1, eight officials and consultants of the DOT
spent the day with the Planning staff and with the Chair of the
P&D Committee, John Schroeder, and they went over in detail every
point that was addressed by Council in their resolution that was
passed last month on the Route 96 Octopus project. DOT was
particularly appreciative of the timeliness of the City's
recommendations since the final design process has now started.
They agreed with about 90 percent of the recommendations,
particularly with those dealing with safety of bicyclists,
pedestrians, and the physically handicapped. Construction
contracts are expected to be awarded by November of next year.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested an addition to the B&A agenda of a
Resolution that will amend Capital Project #271 in the amount of
$22,000 for downtown improvements.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider An Ordinance on Appeals In Landmarks
Preservation Actions
Resolution to Open Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Johnson.
RESOLVED, That the Public Hearing to consider an Ordinance
amending Chapter 228 entitled "Landmarks Preservation" of the City
of Ithaca Municipal Code, regarding Subdivision D of Section 228-5
entitled 'Alteration Permit Procedure' and Section 228-7 entitled
'Appeals', be declared open.
Carried Unanimously
Alderperson Hoffman gave an explanation of the proposed amendments
regarding the Alteration Permit Procedures and the Appeals
procedure.
June 2, 1993
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Tim Terpening, an owner of property in the East Hill Historic
District, spoke against the Landmarks Ordinance proposals.
Resolution to Close Public Hearing
By Alderperson Berg: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider an Ordinance to
amend Chapter 228 entitled "Landmarks Preservation" of the City of
Ithaca Municipal Code, regarding Subdivision D of Section 228-5
entitled 'Alteration Permit Procedure' and Section 228-7 entitled
'Appeals', be declared closed.
Carried Unanimously
Public Hearing on the Creation of a Community Development
Revolving Loan Fund
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, that the Public Hearing to allow the establishment of an
IURA Revolving Loan Fund be declared open.
Carried Unanimously
Alderperson Schroeder gave an explanation of the proposed
resolution regarding the Revolving Loan Fund.
Alan Cohen of 302 East State Street spoke in favor of the
Revolving Loan Fund especially as it relates to small and medium-
sized businesses within the community.
Resolution to Close Public Hearing
By Alderperson Berg: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider the creation of a
Community Development Revolving Loan Fund, be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Nichols requested Council approval for the reappointment of
Lyman Baker who has been nominated by the Town of Ithaca as one of
their two members on the Board.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the reappointment of Lyman
Baker to the Board of Fire Commissioners with a term to expire
June 30, 1996.
Carried Unanimously
Board of Fire Commissioners
Mayor Nichols requested Council approval for the appointment of
Joseph Bargher, 1012 North Tioga Street, who has been filling out
the term of a member who resigned.
Resolution
By Alderperson Johnson: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of Joseph
Bargher to the Board of Fire Commissioners with a term to expire
June 30, 1996.
Carried Unanimously
Youth Bureau Board
Mayor Nichols announced that he has made the following
appointments:
Matt Tauber, 312 Hancock Street
Term Expires December 31, 1994
June 2, 1993
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Phoebe Brown, 405 Lake Street
Term Expires December 31, 1994
Adrian Cooper, 315 West Seneca Street
Term Expires December 31, 1993
Southside Community Center
Mayor Nichols appointed Alderperson John Efroymson as the Council
Liaison to the Southside Community Center.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Jon Merritt, 210 Lake Street, spoke about inaccessibility of the
Ithaca Festival with particular concern to Stewart Park and
accessibility in the City in general.
William Kone, Grandview Court, spoke against pay raises for
Council members.
Elizabeth Miller, 10 Hickory Trail, spoke against pay raises for
Council members.
Tim Terpening, Ithaca, New York, felt that public officials should
demonstrate they earn their salaries and odd/even parking should
be revoked.
RESPONSE TO THE PUBLIC:
Alderperson Blanchard indicated there had been some improvements
made to Stewart Park. Merritt explained progress has been slow.
Alderperson Booth wanted to assure the public that the City is not
collecting tickets dishonestly in the odd/even parking system.
Alderperson Golder stated that the accessibility of Stewart Park
has been a concern of the Disability Advisory Council for almost
two years. There was a promise, by the Board of Public Works,
that these improvements would be made by the beginning of 1993.
These are really important things and are not very expensive or
very time-consuming. If we can manage to get up signs regarding
the carry in/carry out trash program, and manage to fill in
potholes, then we can manage to do things at Stewart Park.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
Stewart Park Improvements - Improvements have been slowed down due
to flooding conditions and progress continues as manpower allows.
The flooding required that all of our priorities be re-evaluated,
not just handicapped accessibility.
Golf Course - Because of the flood and the short season, the Board
voted to reduce membership fees by 20 percent for season passes
only.
Restricted Parking on Coddington Road - To assist with mail
delivery, parking on the South side of the road will be
prohibited. Parking on the North side is restricted between 9:00
a.m. and 3:00 p.m.
South Titus Avenue Barricade Public Hearing - As a result of the
hearing, the Board voted to abandon South Titus Avenue at the
triangle to Fair Street, to get proposals from staff for other
traffic options, and to set a separate date for a public hearing
June 2, 1993
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regarding a park or greenspace at the triangle to the creek.
Request from DII for One Hour Free Parking - A proposal has been
received that the City sell stickers to DII for a slightly
discounted rate and the DII will act as the City's agent by
selling to the downtown businesses and professional offices on
request.
The Board agreed to do this for one year and would renew the
agreement at the request of both parties.
Mitchell Street Redesign - There has been a request from residents
living above College Avenue for proposals for the redesign of that
street and also around the intersection of College Avenue. A
public information session was held and after seeing and hearing
the presentations the residents requested the City go ahead with
the plans for a super-elevated curb with a 330 foot radius.
This design will also help to correct the drainage off Linden
Avenue.
NEW BUSINESS:
22.1 Fire Department Personnel - Possible Resolutions
By Alderperson Daley: Seconded by Alderperson Efroymson
WHEREAS, Section C-26 of the Charter prescribes the method of
appointment of the Fire Chief, and
WHEREAS, B(6) of that Section states that "Upon request of the
Mayor and with the unanimous approval of the entire Common Council
Subsection B(1) through (4) shall be waived; instead the Mayor
shall make the appointment directly, subject to the approval of
Common Council, and
WHEREAS, the Mayor desires to appoint Deputy Chief Brian Wilbur to
the position of Fire Chief; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
elects to waive the procedure set forth in subsections B(1)
through B(4) of Section C-26 of the City of Ithaca Charter, and to
have the Mayor appoint the next Fire Chief subject to the approval
of Common Council; and be it further
RESOLVED, That the Common Council approves the appointment of
Brian Wilbur to the position of Fire Chief, effective July 1,
1993.
Carried Unanimously
Alderperson Booth expressed his feeling that this was an excellent
appointment by the Mayor and offered congratulations to Brian.
The Mayor added "the City will be well served" by this
appointment.
Brian Wilbur took the Oath of Office and was sworn in by City
Clerk Paolangeli.
22.2 Fire Chief - Salary
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, that the annual salary of Brian Wilbur as Fire Chief be
set at $61,000.00 effective July 1, 1993.
Carried Unanimously
22.3 Deputy Fire Chief - Salary
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, the Fire Department will, effective July 1, 1993, be
administered by the Fire Chief and one (1) Deputy Chief now,
therefore be it
June 2, 1993
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RESOLVED, that effective July 1, 1993 the salary of Deputy Chief
Thomas Dorman will be increased to $56,430.00.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 17.2b A Local Law Amending Section 107-1 of the City of Ithaca
Municipal Code Regarding the Salary of the Mayor of the City of
Ithaca.
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, Section 107-1 of the Municipal Code of the City of Ithaca
was adopted on June 3, 1987 and set the annual salary of the Mayor
of the City of Ithaca at $32,000.00 per year commencing January 1,
1988; and
WHEREAS, despite inflation there have been no changes since 1988
in the salary of the Mayor of the City of Ithaca; and
WHEREAS, this Council wishes to adjust the salary of the Mayor of
the City of Ithaca to keep up with inflation, now therefore
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Chapter 107 entitled "Salaries and Compensation"
of the City of Ithaca Municipal Code, Article 1 entitled "Mayor"
is amended to read as follows:
"Section 107-1 Salary established. Commencing January 1,
1994, the annual salary of the Mayor [is hereby established and
set at Thirty-two Thousand Dollars ($32,000.00) per year,
commencing January 1, 1988.] shall be the sum of Thirty-Eight
Thousand Dollars ($38,000.00). On January 1, 1995 and on the
first day of January of each year thereafter, the annual salary of
the Mayor shall be adjusted for inflation to be equal to the sum
of Thirty-Eight Thousand Dollars ($38,000.00) multiplied by a
fraction, the numerator of which shall be the Consumer Price Index
(CPI-U, Northeast) for the period ending August 31 of the year
preceding the date on which the adjustment shall become effective,
and the denominator of which shall be the Consumer Price Index
(CPI-U, Northeast) for the period ending August 31, 1993."
Section 2. This law shall take effect immediately upon
filing with the office of the Secretary of State.
Motion to Table 17.2b
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That a Local Law Amending Section 107-1 of the City of
Ithaca Municipal Code Regarding the Salary of the Mayor of the
City of Ithaca be tabled for one month.
Ayes (1) - Booth
Nays (9) - Johnson, Golder, Romanowski, Blanchard, Daley,
Efroymson, Schroeder, Hoffman, Berg
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (0)
Nays (10) - Booth, Johnson, Golder, Romanowski, Blanchard,
Daley, Efroymson, Schroeder, Hoffman, Berg
Motion Failed
* 17.2d A Local Law Amending Section 107-1 of the City of Ithaca
Municipal Code Regarding the Salary of the Mayor of the City of
Ithaca
June 2, 1993
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By Alderperson Hoffman: Seconded Alderperson Efroymson
WHEREAS, Section 107-1 of the Municipal Code of the City of Ithaca
was adopted on June 3, 1987 and set the annual salary of the Mayor
of the City of Ithaca at $32,000.00 per year commencing January 1,
1988; and
WHEREAS, despite inflation there have been no changes since 1988
in the salary of the Mayor of the City of Ithaca; and
WHEREAS, the Council wishes to adjust the salary of the Mayor of
the City of Ithaca to keep up with inflation, now therefore
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Chapter 107 entitled "Salaries and Compensation"
of the City of Ithaca Municipal Code, Article 1 entitled "Mayor"
is amended to read as follows:
"Section 107-1 Salary established. Commencing January 1,
1994, the annual salary of the Mayor [is hereby established and
set at Thirty-Two Thousand Dollars ($32,000.00) per year,
commencing January 1, 1988.] shall be the sum of Thirty-Eight
Thousand Dollars ($38,000.00).
Section 2. This law shall take effect immediately upon
filing with the office of the Secretary of State.
Motion to Table 17.2d
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, the a Local Law Amending Section 107-1 of the City of
Ithaca Municipal Code Regarding the Salary of the Mayor of the
City of Ithaca be tabled until the July Council meeting.
Discussion followed on the floor.
A vote on the motion to table resulted as follows:
Ayes (4) - Booth, Berg, Romanowski, Golder
Nays (6) - Daley, Hoffman, Efroymson, Johnson, Schroeder,
Blanchard
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (6) - Booth, Berg, Daley, Hoffman, Efroymson, Schroeder
Nays (4) - Blanchard, Johnson, Romanowski, Golder
Carried
* 17.3b A Local Law Amending Section 107-2 of the City of Ithaca
Municipal Code regarding the Salary of the Council Members of the
City of Ithaca.
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Section 107-2 of the Municipal Code of the City of Ithaca
was adopted on September 3, 1987 and set the annual salary of the
Council Members of the City of Ithaca at $6,000.00 per year
commencing January 1, 1988; and
WHEREAS, despite inflation there have been no changes since 1988
in the salary of the Council Members of the City of Ithaca; and
WHEREAS, this Council wishes to adjust the salary of the Council
Members of the City of Ithaca to keep up with inflation, now
June 2, 1993
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therefore
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Chapter 107 entitled "Salaries and Compensation"
of the City of Ithaca Municipal Code, Article II entitled "Council
Members" is amended to read as follows:
"Section 107-2 Salary established. Commencing January 1,
1994, the annual salary of the Council Members [is hereby
established and set at Six Thousand Dollars ($6,000.00) per year,
commencing January 1, 1988.] shall be the sum of Seven Thousand
Dollars ($7,000.00) On January 1, 1995 and on the first day of
January of each year thereafter, the annual salary of the Council
Members shall be adjusted for inflation to be equal to the sum of
Seven Thousand Dollars ($7,000.00)_multiplied by a fraction, the
numerator of which shall be the Consumer Price Index (CPI-U,
Northeast) for the period ending August 31 of the year preceding
the date on which the adjustment shall become effective, and the
denominator of which shall be the Consumer Price Index (CPI-U,
Northeast) for the period ending August 31, 1993."
Section 2. This law shall take effect immediately upon
filing with the office of the Secretary of State.
Discussion followed on the floor.
Motion To Table 17.3b
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the matter of salaries for the Common Council be
tabled until the July 7, 1993 meeting.
Further discussion on the motion followed on the floor.
A vote on the motion resulted as follows:
Ayes (5) - Booth, Johnson, Golder, Efroymson, Berg
Nays (6) - Daley, Romanowski, Blanchard, Hoffman, Schroeder,
Mayor Nichols
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (2) - Schroeder, Hoffman
Nays (8) - Booth, Johnson, Golder, Daley, Romanowski,
Blanchard, Berg, Efroymson
Motion Failed
* 17.3d A Local Law Amending Section 107.2 of the City of Ithaca
Municipal Code regarding the salary of the Council Members of the
City of Ithaca
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Section 107.2 of the Municipal Code of the City of Ithaca
was adopted on September 3, 1987 and set the annual salary of the
Council Members of the City of Ithaca at $6,000.00 per year
commencing January 1, 1988; and
WHEREAS, despite inflation there have been no changes since 1988
in the salary of the Council Members of the City of Ithaca; and
WHEREAS, the Council wishes to adjust the salary of the Council
Members of the City of Ithaca to keep us with inflation, now
therefore
June 2, 1993
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BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Chapter 107 entitled "Salaries and Compensation" of
the City of Ithaca Municipal Code, Article II entitled "Council
Members" is amended to read as follows:
"Section 107-2 Salary established. Commencing January 1,
1994, the annual salary of the Council members [is hereby
established and set a Six Thousand Dollars ($6,000.00) per year,
commencing January 1, 1988.] shall be the sum of Seven Thousand
Dollars ($7,000.00).
Section 2. This law shall take effect immediately upon filing
with the office of the Secretary of State.
Discussion followed on the floor.
Ayes (4) - Booth, Schroeder, Hoffman, Berg
Nays (6) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Golder
Motion Failed
Recess
Common Council recessed at 8:30 p.m. and reconvened in regular
session at 8:45 p.m.
HUMAN SERVICES COMMITTEE:
City-County Funding of Human Services - Report
Alderperson Johnson reported that the City will fund $190,000 for
agencies to be reviewed by the Human Services Coalition.
Discussion followed on the floor regarding the County's role in
this process.
Community/Police Relations - Report
Alderperson Johnson reported that Mayor Nichols has appointed
Camilla Lisbe as the Coordinator and she has been busy contacting
department heads and attending meetings. Hopefully, there should
be some administrative actions to report next month.
Community Service Funding - Report
Alderperson Johnson made a brief report on Community Services
Funding.
* 15.4 Criteria for Funding: Human Services Agencies
By Alderperson Johnson: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca will consider appropriating a portion
of its 1994 general operating funds for support of local human
service agencies; and
WHEREAS, the Human Services Coalition is funded in part by the
City of Ithaca to provide an objective overview of human services
needs and provision, and to evaluate requests for City support;
now, therefore, be it
RESOLVED, That all 1994 requests for City funding from private
agencies seeking to provide non-mandated human services shall be
submitted to the Human Services Coalition for review by their time
deadlines, and be it further
RESOLVED, That the Coalition shall report its findings to the
Human Services Committee of Common Council by September 3, 1993,
and be it further
RESOLVED, That the following criteria shall be used by the
June 2, 1993
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Coalition in its review of requests:
A-1.The application shall be received by the Human Services
Coalition by Friday, May 14, 1993 and the applicant must
complete the Human Services Coalition review process in
a timely manner.
A-2.An application may be reviewed either through the Human
Services Coalition review for human services proposals,
or through the process review for other types of
proposals, but not both
A-3.Applicant must submit the following materials: budgets for
1993 and 1994, financial report for 1992, and
enumeration of other funding sources.
A-4.If the applicant received city funds in 1993, the applicant
shall have demonstrated that they performed effectively
under the contract.
B.The Coalition shall award points for the degree to which the
proposal meets the established criteria, on a scale of 1
to 5, 5 being the most desirable rating for each
criterion; if applicant does not supply sufficient
information for the Coalition to make a judgment, the
proposal receives zero points in such case.
B-1.Applications from agency programs shall be evaluated according
to the following criteria:
a.Severity of the need that the program identifies and
addresses in the City of Ithaca.
b.Financial need of the client population
c.Effect on the City of Ithaca community if the service
is not available or is available at a reduced
level.
d.Agency's organizational ability to deliver proposed services and
meet the needs of clients.
e.Effectiveness of agency planning; management of fiscal
and personal resources.
f.Agency financial need, including needs caused by cost
of living increases.
and be it further
RESOLVED, That the Human Services Coalition shall review all
proposals that meet criteria A-1 through A-4, shall recommend
whether each request should be fully or partially funded, and
shall consider both new and previously funded agencies, and shall
inform the applicant of the Coalition's recommendation and make a
copy of such report available to the applicant, and be it further
RESOLVED, that the Human Services Coalition will continue its
efforts to consolidate and streamline the funding review process.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.1 Authorization to Prepare CBD Business Improvement District
Plan
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the Common Council has committed the resources of the
June 2, 1993
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Planning Department to prepare the District Plan for the proposed
Business Improvement District subject to a demonstration of
support for the preparation of such plan by the property owners
affected, and
WHEREAS, a recently concluded questionnaire of property owners and
tenants showed that 70% of respondents indicated support for a
Business Improvement District subject to more information about
the proposed District, and
WHEREAS, the preparation of the plan that would provide this
information can commence thirty days after adoption of a local law
making applicable Article 19-A of General Municipal Law regarding
the establishment of a Business Improvement District in the City
of Ithaca, provided a petition requesting a permissive referendum
has not been filed with the City Clerk, and
WHEREAS, thirty days have passed since the adoption of this local
law and no such petition has been filed, now, therefore be it
RESOLVED that the Common Council of the City of Ithaca hereby
authorizes the preparation of a district plan pursuant to Sections
980-a (Contents of a District Plan) and 980-d (District Plan) of
the General Municipal Law, upon its own motion, and be it further
RESOLVED that said plan shall be prepared by the Department of
Planning and Development and that the expenses incurred for the
preparation of said plan shall be paid by the City of Ithaca.
Carried Unanimously
*16.2 IURA Revolving Loan Fund for Economic Development
By Alderperson Schroeder: Seconded by Johnson
WHEREAS, the Ithaca Urban Renewal Agency receives payments on
economic development loans made as part of past Community
Development Block Grant applications, and
WHEREAS, the IURA desires to expand the current economic
development program in order to create more job opportunities for
low and moderate income individuals and expand the City's
commercial and industrial tax base, and
WHEREAS, the current program is limited to financing one or two
projects per year as part of the CDBG application, and
WHEREAS, in order to expand the program in compliance with HUD
regulations, the payments received must be kept in a designated
Revolving Loan Fund, and
WHEREAS, the IURA recommends that current and future repayments on
CDBG generated economic development projects be allocated to the
Revolving Loan Fund, and requests approval of this activity from
Common Council, now, therefore be it
RESOLVED that the Common Council endorses the IURA's
recommendation and approves the establishment of a Revolving Loan
Fund.
Discussion followed on the floor.
Ayes (8) - Booth, Daley, Efroymson, Berg, Romanowski,
Johnson, Schroeder, Blanchard
Nays (2) - Golder, Hoffman
Carried
* 16.3 Request For Canopy Height Variance
June 2, 1993
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By Alderperson Schroeder: Seconded by Alderperson Daley
WHEREAS, the Superintendent of Public Works, Commons Advisory
Board, Ithaca Fire Department and the Ithaca Building Department
have reviewed the requested variance from the canopy height
requirement and, with the exception of the Superintendent of
Public Works, have no objections to the granting of this variance,
and
WHEREAS, the appellant, Lyle Macartney, on behalf of Leather
Express, has demonstrated sufficient practical reasons to support
the granting of this variance, and
WHEREAS, Municipal Code, Section 33.9, Paragraph B authorizes
Common Council to grant such a variance, now, therefore be it
RESOLVED that the appeal of Lyle Macartney to allow the Leather
Express canopy on the building at 126 East State Street to be at
eight feet (8'0") above the sidewalk instead of the nine feet six
inches (9'6") as required by Section 33.8 be granted.
Discussion followed on the floor. Superintendent Gray discussed
whether it might not be more consistent to change the Ordinance
rather than to continue to approve canopy variance requests.
A vote on the motion resulted as follows:
Ayes (9) - Daley, Hoffman, Efroymson, Berg, Romanowski,
Johnson, Schroeder, Blanchard, Golder
Nays (1) - Booth
Carried
* 16.4 National Recreational Trails Act Application
By Alderperson Schroeder: Seconded by Alderperson Daley
WHEREAS, the Intermodal Surface Transportation Efficiency Act of
1991 contained funding authorization for the provision and
improvement of bicycle and pedestrian facilities, and
WHEREAS, application for funding assistance for such projects are
being accepted by the State, and
WHEREAS, two projects for trail improvements have been identified
that appear to qualify under grant guidelines, and
WHEREAS, applications for those projects have been prepared and
submitted subject to approval for submission from Common Council,
in order to meet the application deadline, now, therefore be it
RESOLVED that Common Council approves submission of the two grant
applications for funding under the National Recreational Trails
Act, and retroactively authorizes the Mayor to sign such
applications and related documents.
Carried Unanimously
Odd/Even Parking Revision - Report
Alderperson Schroeder reported that many different suggestions
were under consideration at this point.
Alderperson Schroeder announced that Roger Transcik is going to be
presenting his urban design plan for downtown Ithaca on Tuesday,
June 15, at 7:30 p.m. in Common Council Chambers.
Alderperson Schroeder informed Council that the Planning Board has
June 2, 1993
12
declared itself lead agency for environmental review of the
proposed City bicycle plan.
CHARTER AND ORDINANCE:
* 17.1a Designation of Lead Agency Status for Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Berg
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 amendments to Chapter 228 of the Municipal
Code, Landmarks Preservation require review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council does hereby
declare itself lead agency for the environmental review of the
proposed amendments to Chapter 228 of the Municipal Code,
Landmarks Preservation.
Carried Unanimously
* 17.1b Declaration of No Significant Environmental Impact
By Alderperson Hoffman: Seconded by Alderperson Berg
WHEREAS, an amendment to the Municipal Code of the City of Ithaca
Landmarks Preservation Ordinance, Sections 228-7 - Appeals and
228-5(D) Meeting to review plans: time limit, requires review
under the State's and City's Environmental Quality Review Act; and
WHEREAS, appropriate Environmental Review has been conducted
including the preparation of a Short Environmental Assessment
Form; and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEQR),
including the Part 617 Regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act;
and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; NOW THEREFORE BE IT
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 in the Short Environmental Assessment Form dated
April 27, 1993 and be it further
RESOLVED, that this Common Council, as lead agency, does hereby
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 attachments
in the City Clerk's Office and forward the same to all parties as
required by law.
June 2, 1993
13
Carried Unanimously
*17.1c Ordinance Amending Chapter 228 entitled "Landmarks
Preservation" of the City of Ithaca Municipal Code.
By Alderperson Hoffman: Seconded by Alderperson Berg.
Be it 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 14 days after
notification by the Building Commissioner of the filing, unless
otherwise mutually agreed upon by the applicant and 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 applicants authorized
representative for the alteration permit.]"
Is hereby deleted and replaced with the following:
"The public hearing. Prior to rendering any decision on an
application for Certificate of Appropriateness, the Landmarks
Preservation Commission shall hold a public hearing on the
proposed action in order to allow interested persons an
opportunity to comment on the plan. The public hearing shall be
held within forty-five (45) days of the date that a complete
application is made to the Landmarks Preservation Commission.
Legal notice of the hearing shall be published in the City's
official newspaper at least three (3) days before the date of the
public hearing. The notice of publication shall specify the time
and place where the public hearing will be held, a brief
description of the proposal and the place where the proposal may
be reviewed prior to the hearing. Right to speak at the 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 by 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
* 17.4 An Ordinance Amending Chapter 346 entitled "Vehicles and
Traffic" of the City of Ithaca Municipal Code.
By Alderperson Hoffman: Seconded by Alderperson Berg
Be it ordained and enacted by the Common Council of the City of
Ithaca, New York, as follows:
Section 1 Chapter 346 entitled "Vehicles and Traffic" of the
City of Ithaca Municipal Code is amended as follows:
That the subdivision of Chapter 346, previously numbered as
June 2, 1993
14
Chapter 60 of the Municipal Code entitled Miscellaneous
Regulations-Removal of abandoned or illegally parked vehicles-
Storage and charges is hereby amended to read as follows:
"1. Storage and Charges
1. After removal of any vehicle as provided in this Article,
the person authorizing the removal may cause such vehicle to be
stored in a suitable place. The owner, or persons in charge of
the vehicle, may redeem the vehicle upon payment to the
responsible Wrecker Service facility the amount of all expenses
actually and necessarily incurred in effecting such removal not to
exceed the removal charges as established by Common Council, or by
posting a bond with the City Chamberlain or the responsible
Wrecker Service facility for the cost of said charges.
The owner, or persons in charge of the vehicle, may request a
tow-away investigation by the City Attorney's Office and/or a
hearing before an impartial officer designated by the City
Attorney's Office to determine whether the towing of the vehicle
was authorized by this Section. Such investigation and/or hearing
shall be held within five business days after the request
therefor. The owner of the vehicle shall be liable for all towing
and storage fees accrued during the time the vehicle remains
unclaimed, or in storage, unless it is determined that the tow was
not authorized by this Section. If it is determined that the tow
was not authorized under this Section, the owner of the vehicle
shall be discharged [or] from any obligation for the removal and
storage charges. If it is determined that the tow was not
authorized under this Section, then the City of Ithaca shall be
responsible for the removal and storage charges in all cases where
the removal was effected by the Superintendent of Public Works or
by order of the Ithaca Police Department; in all other cases, such
charges are recoverable in the appropriate civil court by the
Wrecker Service facility from the private property owner who
directed the tow.
Where the tow is authorized by a private property owner, he or she
shall receive notice of any hearing requested.
If the owner, or persons in charge of the vehicle, do not
claim the vehicle or request a review and/or hearing within
fifteen (15) days of being notified of the tow, the City shall be
entitled to assert a lien against the vehicle for the amount of
accrued towing and storage fees and proceed to sell the vehicle at
public auction as provided by law.
Removal charges are hereby established as follows:
Ordinary removal charges shall not exceed [$35.00] $45.00
total charge. "Ordinary removal" means the removal of any vehicle
that does not require special equipment such as dollies, flat
beds, ramps, jacks or slings.
Special removal charges shall not exceed [$60.00] $65.00
total charge. "Special removal" means the removal of any vehicle
that requires special equipment such as dollies, flat beds, ramps,
jacks or slings.
Extraordinary removal charges shall be based on the actual
costs of the use of the extraordinary equipment, plus labor
charges. "Extraordinary removal" means the removal of any vehicle
requiring the use of a crane or other extraordinary equipment
other than regular or special towing equipment.
2. A fee not to exceed [$10.00] $15.00 may be charged by the
Wrecker or Tow Service operator to the owner or operator of any
June 2, 1993
15
vehicle requiring removal services as provided in this Chapter,
whenever the owner or operator appears to remove the vehicle after
the Wrecker or Towing Service operator has been dispatched or
arrives, but before the vehicle has been hooked up for towing or
removal.
3. A fee not to exceed [$15.00] $20.00 may be charged by the
Wrecker or Towing Service operator to the owner or operator of any
vehicle requiring removal services as provided in this Chapter
whenever the owner or operator appears to remove the vehicle after
the Wrecker or Towing Service operator has hooked up the vehicle
for towing or removal, but before the vehicle has been removed
from the scene.
4. Storage fees not exceeding [$5.00] $10.00 per day or
fraction thereof may be charged by the Wrecker or Towing Service
after the vehicle has been stored for more than 24 hours.
5. A schedule of fees as listed in this Section shall be
posted in a conspicuous area on the premises of each Wrecker or
Towing Service operator and shall be made available upon demand by
the general public."
2. This Ordinance shall take effect immediately in
accordance with the law upon publication of notices provided in
the Ithaca City Charter.
Discussion followed on the floor regarding the proposed change in
fees.
Motion to Refer Back to Committee
By Alderperson Blanchard: Seconded by Alderperson Johnson
RESOLVED, that the subdivision of Chapter 346, previously numbered
as Chapter 60 of the Municipal Code entitled Miscellaneous
Regulations-Removal of abandoned or illegally parked vehicles-
Storage and charges be referred back to Committee for additional
information.
Ayes (7) - Daley, Hoffman, Berg, Johnson, Schroeder,
Blanchard, Golder
Nays (3) - Romanowski, Booth, Efroymson
Carried
* 17.5 An Ordinance Adding Chapter 155 entitled "Circuses and
Carnivals" to the City of Ithaca Municipal Code.
By Alderperson Hoffman: Seconded by Alderperson Berg
Be it ordained and enacted by the Common Council of the City of
Ithaca, New York as follows:
Section 1. That a new chapter known and designated as
Chapter 155 entitled "Circuses and Carnivals" is hereby added to
the City of Ithaca Municipal Code to read as follows:
"Chapter 155
Circuses and Carnivals
Section 155-1. Circuses, carnivals, exhibitions and shows.
No Person shall conduct, exhibit or cause to be conducted or
exhibited any circus, carnival, exhibition, show or performance,
or any concession or refreshment stand in conjunction therewith
without a license as hereinafter provided, except any amateur
show, performances or exhibition.
Section 155-2. Licenses and fees for circuses, carnivals,
exhibitions and shows.
June 2, 1993
16
A. Issuance.
The Mayor through the Chief of Police shall issue all
licenses required in §155-1.
B. Information required.
Any person desiring a license shall file a written
application therefor with the Chief of Police which shall state:
1. The name and address of the applicant.
2. The period of time which the license is required.
3. The kind and character of the exhibition or show.
4. The place where the exhibition or show is to be
conducted.
5. Such other information as may be required by the Mayor or
Chief of Police.
C. Grounds for refusal.
The Mayor may refuse to issue a license when in his or her
judgment, the exhibition or show is likely to disturb the peace
and order of the City or is immoral or improper.
D. Fees.
The license fees which shall be paid prior to issuance of the
license shall be as follows:
Circuses $150.00 per day
Carnivals, exhibitions,
shows and performances $100.00 per day
Section 155-3. Penalty.
Any person who shall violate any provision of this Article
shall be punishable as provided in Chapter 1, General Provisions,
Article I, Penalties, of this Code.
Section 2.
This ordinance shall take effect immediately an in accordance
with the law upon publication of notices provided in the Ithaca
City Charter.
Alderperson Hoffman explained that this ordinance was deleted
during recodification last year. Chief McEwen was not aware of
that deletion and feels that it is important to have a written
process for regulation.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That the words "or is immoral or improper" be stricken
from the last line of Section C.
Discussion followed on the floor.
The vote on the Amending Resolution resulted as follows:
June 2, 1993
17
Ayes (6) - Johnson, Golder, Schroeder, Daley, Blanchard,
Berg
Nays (4) - Hoffman, Booth, Efroymson, Romanowski
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
*17.6 A Local Law Amending Section C-19, C-26, and C-106 of the
Ithaca City Charter Regarding the Management of the Department of
Finance
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Common Council intends to amend the Ithaca City Charter
regarding the management of the Department of Finance to conform
the Charter to actual current practices; and
WHEREAS, it is Council's desire and the Controller has agreed to
provide to Common Council, on a monthly basis, a listing of bills
paid by the City, which information was previously provided to
Council as part of Council's audit responsibility, now therefore
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Article II entitled "City Officers" of the Ithaca
City Charter, Section C-19(A) is hereby amended by adding a new
subdivision 4 to read as follows:
"(4) The Office of Personnel, the head of which shall be the
Personnel Administrator."
Section 2. Article II entitled "City Officers" of the Ithaca
City Charter, Section C-19(B)(6) is hereby amended to read as
follows:
"(6) Audit [Preaudit] all payrolls, bills, claims and
demands against the City, upon certification by a department head
that the amount is due and unpaid according to the records and
information of said department. The City Controller shall
prepare, sign and transmit to the Chamberlain an order directing
the Chamberlain to pay compensation due to officers and employees
listed on a payroll and the bills, claims or demands listed on
each abstract showing the names of claimants, the amounts approved
for payment and the funds chargeable therewith."
Section 3. Article II entitled "City Officers" of the Ithaca
City Charter, Section C-26(A) is hereby amended to read as
follows:
"A. The following officers of the City shall be appointed by
the Mayor in the manner provided herein: Superintendent of Public
Works, Fire Chief, Youth Bureau Director, Building Commissioner,
City Controller, City Clerk, Director of Planning and Development,
City Chamberlain, Personnel Administrator, and City Attorney [and
Purchasing Agent]."
Section 4. Article VII entitled "Miscellaneous Provisions"
of the Ithaca City Charter, is hereby amended as follows:
Section C-106 entitled "Audit of Accounts and Claims by
Common Council" is hereby repealed.
Section 4. This law take effect immediately upon filing with
the office of the Secretary of State.
Controller Caferrillo explained that the form of the audit will no
June 2, 1993
18
longer be the manually typed form that has previously been
available; rather, Council will receive some type of computer
print-out that will show all the bills that were paid during a
certain period. Steve Thayer, Deputy Controller will perform this
service and will also provide certification.
Discussion followed on the floor.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Request to Establish Capital Project for Grants -
Resolution
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, National Recreation Trails Act Grant moneys may be
available for partial funding of Recreation Trail Projects, and
WHEREAS, one Recreational Trail Project would enhance handicapped
accessibility to the Circle Greenway in the Six-Mile
Creek/VanAtta's Dam area, while a second project would improve the
path along the bank of Cascadilla Creek between Rt. 13 and the
Ithaca Farmers' Market, and
WHEREAS, the National Recreational Trails Act Grant provides 80%
matching funds, with up to a maximum of $25,360 available to be
allocated to the City: $7,360 toward the Handicapped Accessibility
Project in Six Mile Creek/VanAtta's Dam area; and $18,000 toward
the Recreational Path Improvement Project along Cascadilla Creek,
and
WHEREAS, the required 20% City match of $6,340 would be funded by
appropriating $1,840 from Unrestricted Contingency and $4,500 from
Capital Project #267 for Bicycle Facility Improvement; now,
therefore, be it
RESOLVED, That the Mayor is hereby authorized to sign the required
grant applications for said projects, and be it further
RESOLVED, That Capital Project #274 be established for an amount
not to exceed $31,700, the combined project authorization subject
to approval of said National Recreational Trails Act Grant, and be
it further
RESOLVED, That the City Controller is hereby authorized to advance
the grant portion of the two projects, pending reimbursement from
the applicable agency.
Carried Unanimously
*18.2 Finance Department - Personnel - Request to Extend Part-
Time Status of Personnel Administrator - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, Common Council at their regular meeting of January 6,
1993, approved part-time status, twenty-eight (28) hours per week,
for the Personnel Administrator; now, therefore, be it
RESOLVED, That the part-time status of the Personnel Administrator
(i.e., 28 hours per week) be extended through September 3, 1993,
as requested by the Personnel Administrator and approved by the
Mayor.
Carried Unanimously
*18.3 DPW - Request to Expunge Sidewalk Assessment Bill -
Resolution
By Alderperson Booth: Seconded by Alderperson Berg
June 2, 1993
19
WHEREAS, in January, 1993, the City Chamberlain billed sidewalk
assessments to homeowners for sidewalks repaired in 1987, and
WHEREAS, Anne and Paul Bonaparte-Krough, owners of 413 Mitchell
Street, received a bill for work done at that address which they
are appealing because a tax search did not show an outstanding
debt for sidewalk repairs when they purchased said property in
1991, and
WHEREAS, they feel that they are not responsible for the repairs
done to the sidewalk adjoining the property because they were not
the owners of record at the time of its completion, and
WHEREAS, the Board of Public Works recommends said sidewalk
assessment in the amount of $390.45 be expunged; now, therefore,
be it
RESOLVED, That the 1987 sidewalk assessment levied against 413
Mitchell Street in the amount of $390.45 be hereby expunged.
Carried Unanimously
*18.4 DPW - Request to Expunge Sidewalk Assessment Bill -
Resolution
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, Wayne Wheeler, owner of 608 S. Albany Street, has
received a sidewalk assessment bill for sidewalk repaired during
the 1992 Sidewalk Program, and
WHEREAS, Mr. Wheeler is contesting the bill because the sidewalk
was in fact not repaired, and
WHEREAS, the Board of Public Works has recommended that the
sidewalk assessment in question be expunged; now, therefore, be it
RESOLVED, That the 1992 sidewalk assessment bill levied against
the owner of 608 South Albany Street be hereby expunged.
Carried Unanimously
*18.5 DPW - Request to Amend 1993 Authorized Transit Personnel
Roster - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Transit System Manager has recommended that an
existing 27 hour part-time bus driver position be changed to two
half-time bus drivers, and
WHEREAS, the Transit System Manager feels that adding two half-
time drivers will reduce current operating costs; now, therefore,
be it
RESOLVED, That one 27 hour part-time bus driver position be
deleted, and that two twenty-hour part-time bus driver positions
be added to the Department of Public Works roster, such action to
be accomplished within existing 1993 budget appropriations.
Carried Unanimously
*18.6 DPW - Request for Additional Transit Vehicle - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the Board of Public Works has reviewed information from
staff relating to the current system for relieving bus drivers,
and
WHEREAS, the Board of Public Works concurs with a proposal to use
a recycled police vehicle to alleviate existing problems in the
current system, and
WHEREAS, the cost of said program, inclusive of vehicle
June 2, 1993
20
maintenance costs, shall be funded within the 1993 Departmental
budget; now, therefore, be it
RESOLVED, That one recycled police car be assigned to the Transit
Division of the Department of Public Works for a one year trial
period, and be it further
RESOLVED, That the Mayor be authorized to execute a one year
renewable Memorandum of Understanding with the CSEA D. P. W. Unit
relative to this program, such agreement to make clear that this
system will not be considered an existing condition of work.
Carried Unanimously
*18.7 DPW - Request to Amend City Forester Work Hours - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the position of City Forester was approved, for temporary
part-time status, twenty-five (25) hours per week at the regular
Common Council meeting of March 3, 1993; now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Public
Works be temporarily amended by increasing the part-time, twenty-
five (25) hours per week status of the City Forester, to thirty
(30) hours per week status from June 7, 1993 to August 16, 1993,
such change being undertaken at the request of the City Forester.
Carried Unanimously
*18.8 Finance Department - Chamberlain - Request to Extend Period
to Redeem Tax Sale Property - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the Common Council, at its regular meeting of February 3,
1993, approved an extension for property redemption until May 15,
1993 for three City properties, and
WHEREAS, two of the properties have since been redeemed and one of
the properties, 432 North Titus Avenue, has not; now, therefore,
be it
RESOLVED, That the existing owner be permitted to redeem the
property at 432 North Titus Avenue, up to November 11, 1993, for
the total lien amount outstanding, plus additional interest
penalty and related costs through the date of the redemption.
Carried Unanimously
*18.9 Youth Bureau - Request for Resolution of Support on
Recreation Program - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has a nearly five decades-long
commitment to providing quality recreation programs to area
children, youth and families, and
WHEREAS, access to affordable, wholesome recreation forms one of
the foundations of healthy community life, and
WHEREAS, the City wishes to promote a recreation service delivery
system that provides equal access for all interested residents and
a fair and equitable way of sharing costs to provide these
services, and
WHEREAS, representatives of municipalities served by the Ithaca
City School District have been meeting in an Inter-Municipal
Recreation Task Force during the past year to inventory existing
facilities, survey residents about their recreation needs and
interests, study models for service delivery and finance, and
develop a proposal for a new Inter-Municipal Recreation system;
now, therefore, be it
June 2, 1993
21
RESOLVED, That the Common Council confirms its support for the
efforts of the Inter-Municipal Task Force to develop a plan for
inter-municipal recreation for the greater Ithaca area, up to and
including all of Tompkins County.
Carried Unanimously
*18.10 Building Department - Request to Appropriate State Fire
and Building Code Aid - Resolution
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That the Authorized Equipment List of the Building
Department be amended by adding the following items:
1 486 DeskPro Computer $2,074.25
1 4MB RAM for the Server 164.33
1 Monochrome Monitor 198.13
Novell Netware 3.11 2,184.38
Ethernet Cards 1,718.71
Ethernet Terminator Kit 25.55
Netware Installation 361.35
Uninterruptable Power Supply/
Software 378.14
Cable Installation 232.00
1 Portable Tape Back-Up System 450.00
Total $7,786.84
and be it further
RESOLVED, That $7,786.84 be transferred from Account A690-10 New
York State Building and Fire Code Aid to Account A3620-210 Office
Equipment for acquisition of said equipment.
Carried Unanimously
*18.11 Finance Department - Chamberlain - Request to Adjust
Employee Work Hours - Resolution
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Chamberlain's office is in need of increased hours
for flexibility while opening and closing daily; now, therefore,
be it
RESOLVED, That in the interest of providing the City Chamberlain
additional flexibility in scheduling of office personnel, the
established work week of Sharie Bubble, Senior Account Clerk-
Typist, be increased from thirty-five (35) hours to forty (40)
hours per week, and be it further
RESOLVED, That Sharie Bubble's 1992 salary ($13,406) be increased
to $15,321 effective June 7, 1993, and be it further
RESOLVED, That the necessary funding be derived from Account A1990
Unrestricted Contingency.
Carried Unanimously
*18.12 Finance Department - Controller - Request to Transfer
Capital Project Funds - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, a request from the Police Department and the
Chamberlain's office to purchase one new computer each has been
received by the Controller, and
WHEREAS, the Police Department will use its requested computer to
assist with activity related to the City Court office, and the
Chamberlain's office will use its requested computer to assist
June 2, 1993
22
with activity in Traffic Violations, and
WHEREAS, the Capital Project #262 Parking Meter Retrofit was
funded at $30,000 and will have an unused balance of $5,000 due to
the cost-effective purchases; now, therefore, be it
RESOLVED, That an amount not to exceed $5,000 be transferred from
Capital Project #262 to Capital Project #211 Computer Acquisition
for the purchase of two (2) computers as follows:
1 486 Computer System - Police Department
1 486 Computer System - Chamberlain's office
Carried Unanimously
*18.13 Building Department - Request to Appoint Deputy Building
Commissioner - Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, in the 1993 Budget, the Common Council approved and
funded the position of a second Deputy Building Commissioner; now,
therefore, be it
RESOLVED, That Phyllis Radke be non-competitively and
provisionally appointed to the position of Deputy Building
Commissioner at an annual salary of $33,010, that being above the
minimum of the Executive Unit Compensation Plan for Grade 2,
effective June 7, 1993, and be it further
RESOLVED, That funding for said appointment shall be derived from
existing funds within the Building Department's budgeted
appropriations.
Carried Unanimously
*18.14 City Attorney - Request to Appropriate Funds for
Litigation - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That $1,500 be transferred from Account A1990
Unrestricted Contingency to Account A1420-430 Fees for
Professional Services to fund an outside legal opinion for a
potential litigation matter.
Carried Unanimously
*18.15 Audit
By Alderperson Booth: Seconded by Berg
RESOLVED, That the bills presented as listed on Audit Abstract #10
/1993 in the total amount of $17,045.28 be approved for payment.
Carried Unanimously
*18.16 Downtown Improvements Capital Project
By Alderperson Booth: Seconded by Johnson
WHEREAS, Common Council has approved Capital Project #271 Downtown
Improvements for a total amount not to exceed $22,000, and
WHEREAS, the following project breakdown was established:
1.Downtown Directional Signage - To install signage along
State routes into the City, directing drivers t the
downtown and public parking facilities area
Cost not to exceed $8,000.00
2.Clock Tower Directories - To upgrade, expand, and
permanently mount the three existing directories on the
Commons
Cost not to exceed $3,000.00
3.Magnetic Announcement Boards - To permanently attach large
marquee-style announcement boards to each existing clock
June 2, 1993
23
tower
Cost not to exceed $6,000.00
4.Downtown Revitalization Leadership Committee Support - To
support, by contract, the Downtown Revitalization
Leadership Committee to oversee the implementation of
the Downtown Vision Task Force's recommendations until a
decision about a Business Improvement District is made
Cost not to exceed $5,000.00
and
WHEREAS, it has been determined that the actual pricing for the
Downtown Signage, Clock Tower Directories and Magnetic
Announcement Boards has varied from the initial cost not to exceed
estimates; now, therefore, be it
RESOLVED, That the Mayor be hereby authorized to approve
expenditures for the projects covered by Items #1, #2, and #3
listed above, in amounts different from those set forth in those
items and within an aggregate amount not to exceed $17,000.
Ayes (9) - Booth, Johnson, Schroeder, Daley, Romanowski,
Blanchard, Hoffman, Berg, Efroymson
Nays (1) - Golder
Carried
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Comex Plaza Associates UDAG Loan Agreement - Resolution
By Alderperson Hoffman; Seconded by Alderperson Booth
WHEREAS, the City holds a $475,000 Note secured by a second
mortgage on the former McCurdy building with Comex Plaza
Associates, and
WHEREAS, the original repayment terms on this loan are based on
the retail use of the property, and
WHEREAS, Comex Plaza Associates has requested a modification of
the repayment terms to reflect the change in the use of the
building from a total retail facility to a mixed use retail and
office facility, and
WHEREAS, staff has negotiated revised loan terms with Comex Plaza
Associates which increase the rate of interest and therefore the
annual payment to the city on this loan in consideration for the
requested revisions, now therefore be it
RESOLVED, that the city agrees to the following revisions to the
UDAG loan terms with Comex Plaza Associates:
1. increase the interest rate on this loan from 4.4% to
7.5%.
2. extend the term of the loan by fifteen years (from its
original due date of June 1, 1997) to June 1, 2012
to coincide with the term of the IDA bonds issued on the
property.
3.restructure the loan repayment from one based on a base
interest rate plus participation in gross sales to a
level payment amortizing loan with 7.5% interest rate
and a nineteen year term, the first year of which will
be an interest only payment.
4.revise the loan payment schedule such that an interest only
payment is made for the period July, 1993 to June, 1994
June 2, 1993
24
calculated as follows: from July 1, 1993 until
September 30, 1993 interest only calculated at 4.4%,
from October 1, 1993 to June 30, 1994 interest only
calculated at 7.5%. Regular monthly payments of
principal and interest based on the 7.5% interest and an
eighteen year term will begin as of July 1, 1994.
5.increase the base over which the city participates in the
net proceeds of any resale or refinance from
$2,675,000(1.8 million outstanding principal on the IDA
bonds, .475 million UDAG loan and .400 million equity)
to $3,875,000 to reflect the $1.2 million in additional
financing necessary to fund the renovation of the
building, and be it further
RESOLVED, That the Mayor is authorized to sign all the required
loan modification documents upon the advise of the City Attorney
and Director of Planning and Development.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:02 pm.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor