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HomeMy WebLinkAboutMN-CC-1993-08-04 August 4, 1993 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 4, 1993 PRESENT: Mayor Nichols Alderpersons (9) Blanchard, Romanowski, Daley, Efroymson, Johnson Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Attorney - Guttman Deputy City Controller - Thayer Planning & Development Director - VanCort Commons Coordinator - Deming Police Chief - McEwen Building Commissioner Eckstrom Asst. Superintendent of Public Works - Ferrel Youth Bureau Director - Cohen City Clerk - Paolangeli Board of Public Works Commissioner - Reeves EXCUSED: Alderperson Booth PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American Flag. APPROVAL OF MINUTES: Approval of Minutes of the July 7, 1993 Common Council Meeting Approval of the Minutes of the July 7, 1993 Common Council Meeting was postponed until the September 1, 1993 meeting. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people spoke to Council regarding the Draft Environmental Impact Statement for Allen H. Treman State Marine Park Resolution on tonight's agenda: Doria Higgins, Citizens to Save our Parks Kerman Glaser, 818 N. Cayuga Street, Ithaca Alan Warneke, 215 Kelvin Place, Ithaca David Nutter, 656 Five Mile Drive, Ithaca Nancy Law, 1030 Coddington Road, Ithaca Barbara Purdhomme Tony Gaenslen, 220 Pearl Street, Ithaca Ruth H. Michener Eric Skalwold, 222 Floral Avenue, Ithaca LeMoyne Farrell, 120 Eastwood Terrace, Ithaca Dooley Keifer, 629 Highland Road, Ithaca Janis Putnam, 2065 Ellis Hollow Road, Ithaca Susan Booth Titus, 208 The Commons, Ithaca Betsy Darlington, speaking as a private citizen, and not representing the Conservation Advisory Council, commented on what she perceives as a lack of respect by Council and other City Boards and Committees, etc. to private citizens when they come before them to offer their suggestions and comments. The following people voiced their concerns for the youth in Ithaca and suggested that discussions be held on ideas to develop solutions to meet these concerns: Heather Camacho, 501 Dryden Road, Ithaca Ben Stimson Mehera Hathaway, 1704 Danby Road, Ithaca Jeff Furman, Utica Street, Ithaca August 4, 1993 2 The following people addressed Council regarding the Rental Housing Commission Ordinance on the Agenda: Terry Pasco, 121 Prospect Street, Ithaca William Kone, 128 Grandview Court, Ithaca Nancy Lee, 321 N. Geneva Street, Ithaca, addressed Council in favor of the Rental Housing Specialist Resolution on the Agenda. William Baker, C.S.E.A. Administrative Unit President, addressed Council regarding the status of the Pay Equity Study. RESPONSE TO THE PUBLIC: Respect for Public Speakers Alderpersons Romanowski, Efroymson, Johnson, and Golder responded to the comments made by Betsy Darlington regarding Public Officials showing respect to public speakers and constituents. Needs of Youth in the Community Alderpersons Daley, Efroymson, Johnson, and Golder spoke in favor of reviewing the possibility of establishing a space where the youth in the community can become involved with various projects. Alderperson Johnson stated that he will place this item on the next Human Services Committee agenda. REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Board of Public Works BPW Commissioner Carol Reeves reported to Council on the following items: Garbage, Rubbish & Refuse - The Board will request that the current legislation be amended to reduce the trash can weight limit to 70 lbs. Dogs - The Board would like the Charter & Ordinance Committee to review new legislation regarding pet owners cleaning up after their pets. County Trash Tag Law - The Board passed a Resolution requesting that the County permit the City to elect an alternate method of charging residents for trash removal other than the present trash tag. Sewer Main Work - The Dey Street work is complete, the First & Adams Street work is nearly complete. Two more sewer collapses have been discovered at 100 block of West York Street/and the 1300 block of North Cayuga Street, and South Titus Avenue/and South Geneva Street. 1994 DPW Budget preparation is underway. Green/Seneca Streets - The DoT maintenance crews will be paving sections of Green and Seneca Streets on August 9-10, 1993. Alderperson Blanchard suggested that the Board publicize the fact that recycling office and computer paper is mandatory under Tompkins County legislation. Disability Advisory Council The Disability Advisory Council has completed their input into the self-evaluation forms for the implementation of the ADA self- evaluation. Interviews with City department heads will begin next week. August 4, 1993 3 The DAC has invited the Ithaca Festival staff to a meeting to discuss access issues for next year. The DAC has also discussed the need for City input regarding the accessible paths in the proposed Allen H. Treman State Marine Park plan. The DAC would like the paths to allow for low impact substitutes for paving without compromising accessibility on a long term basis. REPORT OF THE CITY ATTORNEY: City Attorney Guttman reported on City Court cases and the Evans vs. Ithaca Urban Renewal Agency, City of Ithaca vs. the Postal Rate Commission, and Save our Strand vs. City of Ithaca litigation matters. 602 W. Seneca Street - property is to be conveyed to a new owner in the immediate future, and the new property owner has assured the City that he will immediately take steps to remove the building. PLANNING AND DEVELOPMENT COMMITTEE: *16.1 City of Ithaca Comments on Allan H. Treman State Marine Park Draft Mater Plan and Draft Environmental Impact Statement By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the N.Y.S. Office of Parks, Recreation and Historic Preservation ("State Parks") has prepared an Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement, and WHEREAS, the City of Ithaca wishes to submit written comments on the above two documents during the public comment period, which ends on August 6, 1993; now, therefore, be it RESOLVED, That the Common Council makes the following comments on the Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement. The Common Council: (1) Expresses its appreciation to State Parks for incorporating into the Draft Master Plan Common Council's January 1993 suggestions, which have resulted in much greater protection for the park's natural areas. (2) Requests State Parks to study further the arrangement of the boat-launch parking lot and the main marina parking lot, with the goal of: - Keeping the configuration of the lots closer to their existing general disposition. - Reducing the amount of additional pavement. - Minimizing the displacement of existing bushes and trees. - Increasing the number of trees within the lots. - Allowing visual appreciation of the park's natural areas. (3) Requests State Parks to include in the Draft Master Plan and Draft Environmental Impact Statement: (a) a schematic count of existing trees and bushes to be removed, existing trees and bushes to be transplanted, and new trees and bushes to be planted under the plan, and (b) an environmental assessment of these vegetation changes. August 4, 1993 4 (4) Notes that on Page 164, in the sentence reading "The park's water and sanitary waste disposal are provided by the City of Ithaca's municipal systems at no charge through the 1967 tripartite agreement for the creation of a recreational/cultural arts facility off the southwest shore of Cayuga Lake," language should be added noting that the City's specific agreement to provide free water and sanitary waste disposal expires in the year 2015. Alderperson Schroeder explained the Resolution and offered the following Substitute Resolution. Motion to Substitute By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the following Resolution be Substituted for Agenda Item 16.1: WHEREAS, the N.Y.S. Office of Parks, Recreation and Historic Preservation ("State Parks") has prepared an Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement, and WHEREAS, the City of Ithaca wishes to submit written comments on the above two documents during the public comment period, which ends on August 6, 1993; now, therefore, be it RESOLVED, That the Common Council makes the following comments on the Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement. The Common Council: (1) Expresses its appreciation to State Parks for incorporating into the Draft Master Plan Common Council's January 1993 suggestions, which have resulted in much greater protection for the park's natural areas. (2) Requests State Parks to study further the arrangement of the boat-launch parking lot and the main marina parking lot, with the goal of: - Keeping the configuration of the lots closer to their existing general disposition. - Substantially reducing the amount of additional pavement. - Minimizing the displacement of existing bushes and trees. - Preserving the willow trees to the northwest of the existing marina parking lot. - Increasing the number of trees within the lots. - Allowing visual appreciation of the park's natural areas. (3) Requests State Parks to include in the Draft Master Plan and Draft Environmental Impact Statement: (a) a schematic count of existing trees and bushes to be removed, existing trees and bushes to be transplanted, and new trees and bushes to be planted under the plan, and (b) an environmental assessment of these vegetation changes. (4) Notes that on Page 164, in the sentence reading "The park's water and sanitary waste disposal are provided by the City of August 4, 1993 5 Ithaca's municipal systems at no charge through the 1967 tripartite agreement for the creation of a recreational/cultural arts facility off the southwest shore of Cayuga Lake," language should be added noting that the City's specific agreement to provide free water and sanitary waste disposal expires in the year 2015. (5) Requests State Parks to clarify the documentation cited on pages 86 and 87 that calls for the widening of the marina entrance channel to 150 feet. (6) Requests State Parks to clarify how much variation it would permit between the dimensions and locations of elements shown on the Draft Master Plan and the dimensions and location of elements in final design. and, be it further RESOLVED, That this Resolution in no way binds the City to any future action, and that the City reserves the right to comment on any further suggested changes. Carried Unanimously Alderperson Blanchard commented on the fact that the Hangar Theater Group, which is an equal partner in the tripartite agreement with the City and the State, strongly favors the new entrance road and has passed Resolutions, and provided verbal and written material stating that fact. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Efroymson RESOLVED, That the third request in sub-section 2 of the first Resolved Clause be Amended to read as follows: "- Minimizing the displacement of existing bushes and trees, and relocating as many plantings as possible within budget constraints." No vote was taken on the Amending Resolution at this time. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That the last Resolved be Amended to read as follows: "RESOLVED, That this Resolution in no way binds the City to any future action, or represents an endorsement of this proposed design, and that the City reserves the right to comment on any further suggested changes." Discussion followed on the floor regarding the Amending Resolution. Alderperson Efroymson offered the following Substitute Amending Resolution. Motion to Substitute Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Blanchard RESOLVED, That the following Resolved Clause be Substituted for the Resolved Clause in the Amending Resolution above: "RESOLVED, That this Resolution in no way binds the City to any future action, the City reserves the right to continuing dialogue on revisions to the Draft Master Plan, and that the City reserves the right to comment on any further suggested changes." Alderperson Berg suggested that the two Amendments be incorporated together. August 4, 1993 6 Alderperson Blanchard explained how difficult Alderperson Hoffman's Amending Resolution is on plan designers and developers. A vote on the Motion to Substitute the Amending Resolution resulted as follows: Ayes (5) Romanowski, Blanchard, Daley, Efroymson, Schroeder, Nays (4) Berg, Hoffman, Golder, Johnson Carried Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That the last Resolved Clause be Amended to read as follows: "RESOLVED, That this Resolution in no way binds the City to any future action, or represents an endorsement to this proposed design, and that the City reserves the right to continuing dialogue on revisions to the Draft Master Plan, and also reserves the right to comment on any further suggested changes." Ayes (7) Daley, Efroymson, Johnson, Golder, Schroeder, Hoffman, Berg Nays (2) Romanowski, Blanchard Carried Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the third request in sub-section 2 of the first Resolved Clause be Amended to read as follows: "- Preserving as many trees and bushes as possible, and transplanting elsewhere in the park any trees that must be moved." Carried Unanimously Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That sub-section 2 of the first Resolved Clause be Amended to read as follows: "(2) Expresses its concern about the lack of justification for and impact of the proposed expanded parking lots and relocated entrance road. Common Council also requests State Parks to study further the arrangement of the parking lots and the entrance road with the goal of:" Alderperson Blanchard suggested that wording regarding the entrance road be deleted, as one of the major parties affected by this plan has specifically requested this change. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That the words "and relocated entrance road", and "and the entrance road" in the above Amending Resolution be stricken. Ayes (4) Schroeder, Daley, Romanowski, Blanchard Nays (5) Efroymson, Johnson, Golder, Hoffman, Berg Motion Fails A vote on Alderperson Hoffman's Amending Resolution resulted as follows: Ayes (5) Efroymson, Johnson, Golder, Hoffman, Berg Nays (4) Schroeder, Daley, Romanowski, Blanchard Carried August 4, 1993 7 Amending Resolution By Alderperson Berg: Seconded by Alderperson Hoffman RESOLVED, That an item 7 be added to the first Resolved Clause that would read as follows: "(7) Requests State Parks to further study maintaining the inter- connections of the marina, Cass Park, and Hangar Theater for vehicular use." Ayes (5) Berg, Hoffman, Golder, Johnson, Efroymson Nays (4) Romanowski, Blanchard, Daley, Schroeder Carried Motion to Substitute By Alderperson Golder: Seconded by Alderperson Johnson RESOLVED, That the following Resolution be Substituted for the Main Motion as Amended thus far: "WHEREAS, the N.Y.S. Office of Parks, Recreation and Historic Preservation ("State Parks") has prepared an Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement, and WHEREAS, public comment has raised significant questions about the advisability and desirability of any changes in the park, pointing out many omissions and inaccuracies; now, therefore, be it RESOLVED, That Common Council requests that the State submit a revised Draft Master Plan, taking into consideration the issues raised by the public. Discussion followed on the floor with Alderperson Golder answering questions from Council members. A vote on the Motion to Substitute resulted as follows: Ayes (1) Golder Nays (8) Blanchard, Romanowski, Daley, Efroymson, Johnson, Schroeder, Hoffman, Berg Motion Fails Amending Resolution By Alderperson Golder: Seconded by Alderperson Johnson RESOLVED, That an item 8 be added to the first Resolved Clause which would read as follows: "(8) Requests that State Parks have accessible pathways which allow for low impact paving substitutes without compromising long term accessibility." Ayes (6) Daley, Efroymson, Johnson, Golder, Berg, Hoffman Nays (3) Schroeder, Blanchard, Romanowski Carried Alderperson Golder offered an Amending Resolution which requested that the State conduct additional water and sediment testing, but the motion failed for lack of a Second. Amending Resolution Alderperson Golder: Seconded by Alderperson Efroymson RESOLVED, That an item 9 be added to the first Resolved Clause which would read as follows: "(9) Requests that State Parks eliminate the additional comfort station." August 4, 1993 8 Ayes (1) Golder Nays (8) Romanowski, Blanchard, Daley, Efroymson, Johnson, Schroeder, Berg, Hoffman Motion Fails Amending Resolution By Alderperson Golder: Seconded by Alderperson Efroymson RESOLVED, That an item 9 be added to the first Resolved Clause which would read as follows: "(9) Requests that State Parks clarify the extent to which Robert Wesley's management recommendations in Appendix C will be followed." A vote on the Amending Resolution resulted as follows: Ayes (5) Efroymson, Johnson, Golder, Berg, Hoffman Nays (4) Schroeder, Daley, Romanowski, Blanchard Carried Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) Daley, Efroymson, Johnson, Golder, Schroeder, Berg Hoffman Nays (2) Blanchard, Romanowski Carried The Main Motion as Amended reads as follows: WHEREAS, the N.Y.S. Office of Parks, Recreation and Historic Preservation ("State Parks") has prepared an Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement, and WHEREAS, the City of Ithaca wishes to submit written comments on the above two documents during the public comment period, which ends on August 6, 1993; now, therefore, be it RESOLVED, That the Common Council makes the following comments on the Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement. The Common Council: (1) Expresses its appreciation to State Parks for incorporating into the Draft Master Plan Common Council's January 1993 suggestions, which have resulted in much greater protection for the park's natural areas. (2) Expresses its concern about the lack of justification for and impact of the proposed expanded parking lots and relocated entrance road. Common Council also requests State Parks to study further the arrangement of the parking lots and the entrance road with the goal of: - Keeping the configuration of the lots closer to their existing general disposition. - Substantially reducing the amount of additional pavement. - Preserving as many trees and bushes as possible, and transplanting elsewhere in the park any trees that must be moved. - Preserving the willow trees to the northwest of the August 4, 1993 9 existing marina parking lot. - Increasing the number of trees within the lots. - Allowing visual appreciation of the park's natural areas. (3) Requests State Parks to include in the Draft Master Plan and Draft Environmental Impact Statement: (a) a schematic count of existing trees and bushes to be removed, existing trees and bushes to be transplanted, and new trees and bushes to be planted under the plan, and (b) an environmental assessment of these vegetation changes. (4) Notes that on Page 164, in the sentence reading "The park's water and sanitary waste disposal are provided by the City of Ithaca's municipal systems at no charge through the 1967 tripartite agreement for the creation of a recreational/cultural arts facility off the southwest shore of Cayuga Lake," language should be added noting that the City's specific agreement to provide free water and sanitary waste disposal expires in the year 2015. (5) Requests State Parks to clarify the documentation cited on pages 86 and 87 that calls for the widening of the marina entrance channel to 150 feet. (6) Requests State Parks to clarify how much variation it would permit between the dimensions and locations of elements shown on the Draft Master Plan and the dimensions and location of elements in final design. (7) Requests State Parks to further study maintaining the inter- connections of the marina, Cass Park, and Hangar Theater for vehicular use. (8) Requests that State Parks have accessible pathways which allow for low impact paving substitutes without compromising long term accessibility. (9) Requests that State Parks clarify the extent to which Robert Wesley's management recommendations in Appendix C will be followed. and, be it further RESOLVED, That this Resolution in no way binds the City to any future action, or represents an endorsement to this proposed design, and that the City reserves the right to continuing dialogue on revisions to the Draft Master Plan, and also reserves the right to comment on any further suggested changes. RECESS: Common Council recessed at 9:35 p.m. and reconvened into Regular Session at 9:50 p.m. BUDGET AND ADMINISTRATION ITEMS: * 14.1 Commons Coordinator - Request to Amend 1993 Authorized Equipment List By Alderperson Romanowski: Seconded by Alderperson Daley WHEREAS, the Commons Coordinator's office is in need of a new computer, printer, and related software to provide assistance in the department's graphic design work, and WHEREAS, the computer system will also benefit the Planning Department's staff because the system will be shared with certain staff members; now, therefore, be it August 4, 1993 10 RESOLVED, That the 1993 Authorized Equipment list be amended by adding the following One (1) 486 DX 33 8 MB RAM $1,800 One (1) Laser Printer 1,200 Computer Software 1,000 Total $4,000 and be it further RESOLVED, That an amount not to exceed $4,000 be transferred from Account A1990 Unrestricted Contingency to Account A8510-210 Office Equipment for said computer system purchase. Carried Unanimously *14.2 Youth Bureau - Request to Amend 1993 Youth Bureau Budget By Alderperson Romanowski: Seconded by Alderperson Daley WHEREAS, the Ithaca Youth Bureau has been advised by Cornell University that $2,000 in funding will be received to support the Paul Schreurs Memorial Program, and WHEREAS, the program will be offered in conjunction with TC-3 for high school students, and in conjunction with BOCES for middle school students; now, therefore, be it RESOLVED, That the 1993 Youth Development Budget be amended as follows: Increase Income: Account A2070 Contribution for Youth $2,000 Increase Appropriations: Account A7310-120-1201 Hourly P/T Paul Schreurs $ 550 Account A7310-435-1201 Contractual Paul Schreurs 600 Account A7310-460-1201 Program Supplies Paul Schreurs 425 Account A7310-470-1201 Rental Paul Schreurs 375 Account A9030 Social Security 42 Account A9040 Workers' Compensation 8 Carried Unanimously *14.3 Youth Bureau - Request to Amend 1993 Youth Bureau Budget Alderperson Romanowski: Seconded by Alderperson Daley WHEREAS, the Ithaca Youth Bureau has been advised by Tompkins County that the Youth Bureau will receive $3,751. in funding to support the Paul Schreurs Memorial Program, and WHEREAS, the program will be funded through the National and Community Service Act for the Community Service component of the Paul Schreurs Memorial Program; now, therefore, be it RESOLVED, That the 1993 Youth Development Budget be amended as follows: August 4, 1993 11 Increase Income: Account A2350 Youth Services Other Governments $3,751. Increase Appropriations: Account A7310-120-1201 Hourly P/T Paul Schreurs 2,885. Account A9030 Social Security 221. Account A9040 Workers' Compensation 205. Account A9060 Health Insurance 440. Carried Unanimously *14.4 Youth Bureau - Request to Amend 1993 Youth Bureau Budget for Summer Camp Iroquois Program By Alderperson Romanowski: Seconded by Alderperson Efroymson WHEREAS, the Ithaca Youth Bureau has received unanticipated revenue in the amount of $2,140 for the Recreation Mainstreaming Services' Camp Iroquois Program, and WHEREAS, the funding for the Camp Iroquois Program will be received from the following sources: Cornell University $1,000 Micawbers "Charles Dickens" Day Fundraiser 900 BOCES Teachers' Association 240 now, therefore, be it RESOLVED, That the 1993 Youth Bureau Budget be amended as follows: Increase Income: Account A2070 Contribution for Youth $2,140 Increase Appropriations: Account A7310-120-1631 Hourly P/T $1,500 Account A7310-460-1631 Program Supplies 418 Account A9030 Social Security 115 Account A9040 Workers' Compensation 107 Carried Unanimously *14.5 GIAC - Request to Establish Petty Cash Fund By Alderperson Romanowski: Seconded by Alderperson Efroymson WHEREAS, the Alex Haley Municipal Pool is in need of a petty cash account for various minor expenses related to the pool activities, and WHEREAS, the amount for such petty cash account has been estimated at $100; now, therefore, be it RESOLVED, That an amount not to exceed $100 be established for the Alex Haley Municipal Pool Petty Cash Account, such funds to be located in the Alex Haley Municipal Pool cash drawer, and be it further RESOLVED, That $100 be transferred from Account A1990 Unrestricted Contingency to Account A210-007 Alex Haley Pool Petty Cash for the purpose of establishing said petty cash account. Carried Unanimously *14.6 GIAC - Request to Amend 1993 GIAC Budget for Purchase of T- shirts By Alderperson Romanowski: Seconded by Alderperson Daley WHEREAS, GIAC needs to purchase Youth Program Summer Camp T-shirts in the amount of $1,000, and WHEREAS, the GIAC camp fee was increased to cover the cost of the August 4, 1993 12 purchase of camp T-shirts; now, therefore, be it RESOLVED, That the 1993 GIAC Budget be amended as follows for purchase of said T-shirts: Increase Revenues: Account A2001 Parks & Recreation Charges $1,000 Increase Appropriations: Account A7311-460-1101 Program Supplies $1,000 Carried Unanimously *14.7 Traffic Enforcement Officer - Report Alderperson Daley reported that the Police Chief would like to hire a para-professional to perform tasks that are currently assigned to the existing Traffic Enforcement Officer in addition to his signalization duties at the Octopus. This would require an amendment to the Charter to allow civilians to perform some of these duties. A job description will also need to be established. The Budget and Administration Committee is recommending that the position be funded in the 1994 budget for a full year. HUMAN SERVICES COMMITTEE: *15.1 Guidelines for Funding Community Services By Alderperson Johnson: Seconded by Alderperson Berg WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Human Services Committee of Common Council be authorized to review all 1994 requests for non-mandated City funding from private, non-profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements: 1.All applications for 1994 funding must be submitted in writing to the City Controller by August 30, 1993. 2.Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well-being of City residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). 3.Each application must include budgets for 1993 and 1994; financial reports from 1991 and 1992, and an enumeration of other funding sources. Criteria: The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgement, the proposal shall receive zero points in each such case. These criteria will be used by the Human Services Committee as August 4, 1993 13 guidelines in evaluation of requests for funding: 1.The proposed activity will benefit the social, cultural, economic and/or environmental well-being of residents of the City of Ithaca. 0-10 points 2.a.The proposal will serve City residents in proportion to City funding requested. 0-5 points b.The sponsor of the proposed activity °has received funding, 7-9 points °is reasonably assured of receiving funding, 4-6 points °has made a good faith effort to receive funding, 0- 3 points from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. 3.The proposed activity will serve an identified need in the City and does not duplicate another service. 0-5 points 4.The proposed activity is designed to effectively meet the needs of those to be benefitted; and the proposal includes measurable objectives. 0-5 points 5.The applicant demonstrates sound management practices. 0-5 points 6.The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or people with disabilities. 0-5 points 7.The proposed activity will produce a long-term benefit. 0-5 points and, be it further RESOLVED, That the Human Services Committee shall forward its recommendations to the Mayor for consideration in the 1994 budget by September 10, 1993. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Golder RESOLVED, That Section 2a of the Criteria be Amended to read as follows: "2.a.The proposal will serve City residents and/or people who work within the City limits in proportion to City funding requested. 0-5 points" Discussion followed on the floor regarding the proposed Amendment. A vote on the Amending Resolution resulted as follows: Ayes (2) Efroymson, Golder Nays (7) Romanowski, Blanchard, Daley, Johnson, Schroeder, Hoffman, Berg Motion Failed Amending Resolution By Alderperson Golder: Seconded by Alderperson Efroymson RESOLVED, That Section 2b of the Criteria be Amended to read as follows: "2.b.The sponsor of the proposed activity August 4, 1993 14 °has received funding, is reasonably assured of receiving funding, and/or has made a good faith effort to receive funding, 0-5 points from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served." Discussion followed on the floor with Alderperson Golder explaining his Amending Resolution. A vote on the Amending Resolution resulted as follows: Ayes (2) Golder, Efroymson Nays (7) Romanowski, Blanchard, Daley, Johnson, Schroeder, Hoffman, Berg Motion Failed Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously Alderperson Johnson noted that August 30, 1993 is the deadline for submitting Community Services funding requests. All requests should be submitted to the City Controller's office. Police/Community Relations - Report Alderperson Johnson reported that the Human Services Committee has reviewed a proposed local law that will incorporate some of the recommendations from the Police/Community Relations Steering Committee. The Community Police Board is currently reviewing the proposed local law. PLANNING AND DEVELOPMENT COMMITTEE: *16.2 An Ordinance Amending Chapter 100 Entitled "Rental Housing Commission" of the City of Ithaca Municipal Code By Alderperson Schroeder: Seconded by Alderperson Johnson Ordinance No. 93- An Ordinance Amending Chapter 100 Entitled "Rental Housing Commission" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: (Old language in brackets, new language in bold.) Chapter 100 RENTAL HOUSING COMMISSION Section 100-1. Statement of Findings. The Common Council of the City of Ithaca Makes the Following Findings: A.Based on a comparison of Tompkins County's average annual wages and median annual rent (from 1980 and 1990 census figures) with similar statistics for surrounding counties, a rental housing affordability problem exists in the City of Ithaca. August 4, 1993 15 B.Problems exist in the relationship between landlords and tenants, as well as between landlords and their neighbors and tenants and their neighbors. C.These problems are serious enough to warrant City action, including such City regulation, financial support, administrative attention and legislative oversight as are found to be effective, feasible and appropriate. Section 100-[1]2. Creation In recognition of the foregoing, [T]the Common Council hereby creates a Rental Housing Commission for the City of Ithaca in accordance with the following conditions. Section 100-[2]3. Membership A.The Commission shall be composed of [nine (9)]seven (7) members, [at least four (4) of whom are tenants and all]at least five of whom are residents of the City of Ithaca B.The Mayor, with concurrence from the Common Council, shall appoint the members of the Commission [and appoint a Chairperson to the Commission, with members selected from the following categories], subject to the following provisions: [(1)The Mayor shall select five (5) members, one (1) from each of the wards. (2)Two (2) members of the Commission shall be selected from the staff or board of not-for-profit housing providers. (3)One (1) member of the Commission shall be selected to represent the landlord, property manager or banking community. (4)One (1) member of the Commission shall be a member of the Common Council, to serve as a voting member and liaison to the Council.] (1)At least three (3) members of the Commission shall be tenants. (2)At least one (1) member of the Commission shall be selected from the staff or board of not-for-profit or public sector housing providers or other organizations dealing with tenant/landlord issues. (3)At least one (1) member of the Commission shall be a landlord or property manager. C.The Mayor shall select one of the seven members of the Commission to serve as its Chairperson. D.In addition to the seven Commission members, the Mayor shall appoint a Common Council member to serve as a non-voting liaison to the Commission. Section 100-[3]4.Terms of Office. All members of the Commission shall be appointed for three-year terms, except that the initial appointments shall be made for three (3) members [each at one-, two- and three-year terms, such that every year three (3) seats will become vacant.]for August 4, 1993 16 three-year terms, two (2) members for two-year terms, and two (2) members for one-year terms. Section 100-[4]5.Responsibilities. The responsibilities of the Commission shall be as follows: [A.Advising the Common Council on steps to be taken to improve the accessibility, affordability and quality of rental housing in the City of Ithaca. B.Advising the Common Council on steps to be taken to achieve the goals of the City of Ithaca's housing policy. C.Advising both the Board of Planning and Development and the Board of Zoning Appeals concerning zoning changes and appeals for variances and any potential impacts those changes or appeals might have on rental housing affordability and availability. D.Advising both the Building Department and the Planning and Development Department on the allocation of staff time to and the design of programs for the improvement of rental housing conditions and calling upon the Directors of those Departments or their designees to appear as necessary at the meetings of the Commission. E.Readying for implementation those recommendations of the Rental Housing Task force which call for further elaboration before implementation. F.Studying further those issues and proposals left to the Commission by the Rental Housing Task Force and such other issues and proposals as it may become necessary to examine. G.Implementing programs or activities related to rental housing, as hereafter directed by the Common Council. H.Preparing requests for funding from the Common Council for rental housing activities.] A.Recommending to the Common council new steps to be taken to improve the accessibility, affordability and quality of rental housing in the City of Ithaca. B.Advising the Common Council on how proposed Council actions (such as zoning changes, ordinance revisions or new regulations, fees or taxes) would affect the accessibility, affordability and quality of rental housing in the City of Ithaca. C.Advising the Common Council on steps to be taken to protect the rights and welfare of tenants. D.Advising the Board of Zoning Appeals on appeals for those variances where housing affordability is a central issue, if the Commission so wishes. E.Seeking possible solutions to the general problems which arise between landlords and tenants, or between either party and neighbors. F.Studying further the Rental Housing Task Force's Recommendation III, which proposes the establishment of a Housing Trust Fund, and Recommendation IV, which proposes August 4, 1993 17 the establishment of a community rental registry. G.Undertaking programs or activities or educational programs related to rental housing, as hereafter approved by the Common Council. H.Adopting an annual work program, which shall be subject to the approval of the Common Council. Discussion followed on the floor with Alderperson Romanowski stating that he will not support this Ordinance because he believes that it is biased in favor of renter's rights, and there is not much consideration given to property owners or landlords. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the membership of the Rental Housing Commission be nine (9) members, at least six (6) of whom shall be residents of the City of Ithaca, at least four (4) members of the Commission shall be tenants, at least two (2) members shall be selected from the staff or board of not-for-profit housing providers, and at least two (2) members of the Commission shall be landlords or property managers, and, be it further RESOLVED, That all members of the Commission shall be appointed for three-year terms, except that the initial appointments shall be made for three (3) members each at one-, two- and three-year terms, such that every year three (3) seats will become vacant. A vote on the Amending Resolution resulted as follows: Ayes (6) Romanowski, Blanchard, Daley, Johnson, Schroeder, Berg Nays (3) Efroymson, Golder, Hoffman Carried Alderperson Blanchard stated that she does not feel that this legislation is necessary, and that the City should not become involved with these issues. She further stated that she objects to the responsibilities of the Commission as many of these items are the responsibilities of the City Planning Department, and other items are not the responsibility of Common Council. Alderperson Hoffman suggested several friendly amendments to the Ordinance which were unanimously accepted by Common Council. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That Section 100-[4]5 be Amended to read as follows: "D.Advising the Board of Zoning Appeals on appeals for those variances where housing affordability is a central issue, if the Commission and the BZA agree that such advice would be helpful." Carried Unanimously Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That the Title of the Commission shall be the Rental Housing Advisory Commission. Carried Unanimously Further discussion followed on the floor regarding the Statement of Findings with comments from Alderpersons Efroymson, Romanowski, Blanchard, Schroeder, and Johnson. August 4, 1993 18 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) Daley, Efroymson, Johnson, Schroeder, Golder, Hoffman, Berg Nays (2) Romanowski, Blanchard Carried The Main Motion As Amended shall read as follows: Ordinance No. 93- An Ordinance Amending Chapter 100 Entitled "Rental Housing Commission" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Chapter 100 RENTAL HOUSING ADVISORY COMMISSION Section 100-1. Statement of Findings. The Common Council of the City of Ithaca Makes the Following Findings: A.Based on a comparison of Tompkins County's average annual wages and median annual rent (from 1980 and 1990 census figures) with similar statistics for surrounding counties, a rental housing affordability problem exists in the City of Ithaca. B.Problems exist in the relationship between landlords and tenants, as well as between landlords and their neighbors and tenants and their neighbors. C.These problems are serious enough to warrant City action, including such City regulation, financial support, administrative attention and legislative oversight as are found to be effective, feasible and appropriate. Section 100-2. Creation In recognition of the foregoing, the Common Council hereby creates a Rental Housing Advisory Commission for the City of Ithaca in accordance with the following conditions. Section 100-3. Membership A.The Commission shall be composed of nine (9) members, six (6) of whom are residents of the City of Ithaca B.The Mayor, with concurrence from the Common Council, shall appoint the members of the Commission subject to the following provisions: (1)At least four (4) members of the Commission shall be tenants. (2)At least two (2) members of the Commission shall be selected from the staff or board of not-for-profit or public sector housing providers or other organizations dealing with tenant/landlord issues. (3)At least two (2) members of the Commission shall be landlords or property managers. August 4, 1993 19 C.The Mayor shall select one of the nine members of the Commission to serve as its Chairperson. D.In addition to the nine Commission members, the Mayor shall appoint a Common Council member to serve as a non-voting liaison to the Commission. Section 100-4.Terms of Office. All members of the Commission shall be appointed for three-year terms, except that the initial appointments shall be made for three (3) members each at one-, two- and three-year terms, such that every year three (3) seats will become vacant. Section 100-5.Responsibilities. The responsibilities of the Commission shall be as follows: A.Recommending to the Common Council new steps to be taken to improve the accessibility, affordability and quality of rental housing in the City of Ithaca. B.Advising the Common Council on how proposed Council actions (such as zoning changes, ordinance revisions or new regulations, fees or taxes) would affect the accessibility, affordability and quality of rental housing in the City of Ithaca. C.Advising the Common Council on steps to be taken to protect the rights and welfare of tenants. D.Advising the Board of Zoning Appeals on appeals for those variances where housing affordability is a central issue, if the Commission and the BZA agree that such advice would be helpful. E.Seeking possible solutions to the general problems which arise between landlords and tenants, or between either party and neighbors. F.Studying further the Rental Housing Task Force's Recommendation III, which proposes the establishment of a Housing Trust Fund, and Recommendation IV, which proposes the establishment of a community rental registry. G.Undertaking programs or activities or educational programs related to rental housing, as hereafter approved by the Common Council. H.Adopting an annual work program, which shall be subject to the approval of the Common Council. *16.3 Downtown Ithaca BID Plan - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, Common Council, at its meeting on June 2, 1993, adopted a resolution authorizing the preparation of a district plan upon which the establishment of a Business Improvement District would be based and which plan has been completed and is on file with the City Clerk's office and is attached to the official minute book; now, therefore be it RESOLVED, that said plan is available for public inspection in the office of the City Clerk during normal business hours, said office being located at City Hall, 108 East Green Street, Ithaca, New York, and be it further August 4, 1993 20 RESOLVED, that September 1, 1993, at 7:00 p.m., is hereby designated as the time, and Common Council Chambers as the place, at which all interested persons may be publicly heard regarding this proposed resolution, and be it further RESOLVED, that written objections to the establishment of the proposed district from owners of real property deemed benefitted, and within the proposed district, must be filed in the office of the City Clerk, on forms provided by the Clerk, within thirty days of the conclusion of the last public hearing set forth above (i.e. by October 1, 1993), and be it further RESOLVED, that if written objections from the following people are properly filed within the prescribed time limit, the proposed district will not be established and the establishment of a district including any of the same properties may not be considered for one year: A)the owner(s) of at least fifty-one percent (51%) of the assessed value of all benefitted property located within the boundaries of the district proposed for establishment, as shown on the latest completed assessment roll of the municipality or B)at least fifty-one percent (51%) of the owners of benefitted real property within the proposed district. and, be it further RESOLVED, That at the Common Council meeting to be held on October 6, 1993, Common Council shall determine whether the proper number of objections have been filed by property owners and, if not shall further determine whether to adopt a local law approving the establishment of the Business Improvement District, which law, if adopted, would not be effective until a favorable determination has been received from the State Controller and there has been compliance with filing and publication requirements. Alderperson Schroeder explained the benefits that will be realized with the implementation of the Business Improvement District. A vote on the Resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: *17.1 An Ordinance Amending Chapter 39 Entitled "Contracts" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Berg Ordinance No. 93-__ An Ordinance amending Chapter 39 entitled "Contracts" of the City of Ithaca Municipal Code. WHEREAS, it is the established policy of the State of New York and the City of Ithaca to award certain contracts to the lowest responsible and reliable bidder as will best promote the public interest; WHEREAS, the statutes requiring competitive bidding of City contracts and approval of subcontractors have been interpreted by the courts to authorize contracting agencies to examine the August 4, 1993 21 responsibility of bidders for contracts and proposed subcontractors on a case-by-case basis; WHEREAS, these reviews may include an examination of skill, judgment, integrity, financial resources, performance, conduct and labor practices of bidders and proposed subcontractors on prior contracts, and consideration of the background of such bidders and subcontractors on prior contracts, and consideration of the background of such bidders and subcontractors for this purpose, including their ownership, management, affiliation, history of past performance, and compliance with relevant City, State and federal laws and regulation; WHEREAS, the New York State Council of Contracting Agencies, which was created within Executive Department of the State of New York by Executive Order Number 125 to ensure the systematic collection and timely exchange of information relevant to agency determinations of responsibility and reliability of bidders, contractors and proposed subcontractors, has recently developed and adopted guidelines for the determination of contractor responsibility consistent with the duties of contracting agencies and the court interpretations of State law and regulations governing competitive bidding; and WHEREAS, the State of New York, by Executive Order Number 170, has adopted guidelines to be applied by all New York State contracting agencies; and WHEREAS, the public interest would be served by the uniform application of these guidelines by all contracting agencies; Be it Ordained and Enacted by the Common Council of the City of Ithaca, New York as follows: Section 1. That Chapter 39 entitled "Contracts" is amended by adding a new subdivision to be known and designated as Section 39-2 entitled "Uniform Guidelines for Determining the Responsibility of Bidders" to read as follows: "A. Guidelines for Responsibility Determinations In deliberating upon the responsibility of a bidder or a subcontractor, all contracting agencies shall give due consideration to any credible evidence or reliable information that the past or current record of a bidder or proposed subcontractor includes any of the following: 1. Lack of adequate expertise, prior experience with comparable projects, or financial resources to perform the work of the contract or subcontract in a timely, competent, and acceptable manner. Evidence of such a lack of ability to perform may include, but shall not be limited to, evidence of suspension or revocation for cause of any professional license of any director or officer, or any holder of five percent or more of the bidder's or proposed subcontractor's stock or equity; failure to submit satisfactory evidence of insurance, surety bonds or financial responsibility; or a history of termination of prior contracts for cause. 2. Criminal conduct in connection with government contract or the conduct of business activities involving: a) the infliction, injury, or intentional property damage, in connection with involvement in a pattern of racketeering, labor racketeering, extortion, obstruction of justice, or other comparable crimes; b) bribery, fraud, bid-rigging, embezzlement, or other comparable August 4, 1993 22 crimes; or c) serious moral turpitude, fundamental lack of integrity, or knowing disregard for the law. Evidence of such conduct may include a judgment of conviction, pending criminal indictment of formal grant of immunity in connection with a criminal prosecution of the bidder or proposed subcontractor, and director or officer, or any holder of five percent or more of the shares or equity of the bidder or proposed subcontractor, or any affiliate of the bidder or proposed subcontractor. 3. Grave disregard for the personal safety of employees, City personnel, or members of the public. Due consideration shall be given to whether available evidence concerning the training of employees, equipment actually in use at the work site, and company practices for identifying and addressing deficiencies and securing employee compliance, demonstrates a genuine commitment to safety, or lack of same. 4. Willful noncompliance with the prevailing wage and supplements payment requirements of the Labor Law, including consideration of any pending violations of the bidder or proposed subcontractor, or any affiliate of the bidder or proposed subcontractor. 5. Any other significant Labor Law violations, including but not limited to, child labor violations, failure to pay wages, or unemployment insurance tax delinquencies. 6. Any significant violation of the Workers' Compensation Law, including but not limited to, the failure of a bidder or proposed subcontractor to provide proof of workers' compensation or disability benefits coverage. 7. Any criminal conduct involving violations of the Environmental Conservation Law or other federal, State or City environmental statues, or repeated or significant civil violations for federal, State or City environmental statues or regulations. 8. The failure of a bidder or contractor to demonstrate good faith efforts to comply with applicable federal, State or City statutes and regulations requiring efforts to solicit and utilize minority-owned and women-owned business enterprises and disadvantaged business enterprises as potential subcontractors, in connection with a pending bid for the performance of a federal-aid or State or City funded or assisted project subject to such statutory and regulatory requirements. 9. The failure of a bidder, contractor, or proposed subcontractor, or proposed subcontractor to comply with federal, State or City statutes or regulations requiring the hiring, training and employment of persons presumed to be disadvantaged in accordance with federal, State or City definitions to meet federal, State and City equal employment opportunity requirements. 10. The submission of a bid which is mathematically or materially unbalanced. 11. The submission of a bid which is so much lower than the agency's confidential engineers' estimate for the cost of, or anticipated bids for, the contract, that it appears unlikely that the bidder will be able to perform the contract satisfactorily at the price bid. 12. Any other cause of so serious or compelling a nature that it raises questions about the present responsibility of a contractor or subcontractor, including but not limited to, submission to a contracting agency of a false or misleading August 4, 1993 23 statement on a uniform questionnaire, or in come other form, in connection with a bid for or award of a contract or a request for approval of a subcontractor. In addition to the factors specified above, contracting agencies may also give due consideration to any other factors considered by the contracting agencies to bear upon responsibility, including but not limited to, any mitigating factors brought to the agency's attention by the bidder or proposed subcontractor. B. Definitions 1. The term "contracting agencies" shall mean any agency or department of the City which is letting a contract through competitive bidding. 2. The term "contract" shall mean any construction or service contract that is required by statue to be let by competitive bid to the lowest reasonable bidder. 3. The terms "bidder," "contractor" and "subcontractor" shall mean any person or business entity submitting a competitive bid for, receiving the award of, or submitted for approval as a subcontractor on, a contract by any one of the contracting agencies. 4. A corporation partnership or proprietorship shall be considered to be an "affiliate" of the bidder or proposed subcontractor if one owns, controls, or has the ability to control the other, or if a third person, corporation, partnership or proprietorship owns, controls or has the ability to control both." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as required by the Ithaca City Charter. Amending Resolution By Alderperson Golder: Seconded by Alderperson Daley RESOLVED, That Section 1(A)5 be Amended to read as follows: " 5. Any other significant Labor Law violations, including but not limited to, National Labor Relations Act violations, child labor violations, failure to pay wages, or unemployment insurance tax delinquencies." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously *17.2 Code Enforcement Officer - Report Alderperson Hoffman reported that this item did not appear as a Resolution at the request of the Building Commissioner. This item will come back to the C&O Committee after the Building Commissioner discusses this matter with the City Court Judges. NEW BUSINESS: *21.1 Creation of Position of Rental Housing Specialist By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, the Building Commissioner has requested that the personnel roster of the Building Department be amended by adding the position of Rental Housing Specialist, and WHEREAS, that position will be filled by reclassifying one of the Housing Inspectors, with no addition to the staff of the Building Department, and August 4, 1993 24 WHEREAS, as described in the accompanying material the Rental Housing Specialist will fill a need to provide education and information to landlords and tenants by devoting half of his or her time to that purpose; now, therefore, be it RESOLVED, That the roster of the Building Department be amended to add the position of Rental Housing Specialist, assigned to the CSEA Administrative Unit at Grade 30 ($25,255 to $31,908). Alderperson Efroymson explained the background of the Resolution. Amending Resolution By Alderperson Berg: Seconded by Alderperson Romanowski RESOLVED, That the third Whereas Clause be Amended to read as follows: "WHEREAS, as described in the accompanying material the Rental Housing Specialist will fill a need to provide education and information to landlords and tenants by devoting up to half of his or her time to that purpose; now, therefore, be it" Ayes (6) Romanowski, Blanchard, Daley, Johnson, Hoffman, Berg Nays (3) Efroymson, Golder, Schroeder Carried Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That an additional Resolved Clause be added to the Resolution to read as follows: "RESOLVED, That this position is intended to be focused on education, and communication, rather than advocacy for any particular point of view." Carried Unanimously Discussion followed on the floor with Alderpersons Daley, Romanowski, and Blanchard speaking in opposition to the Resolution. They stated that they felt the City needs the Housing Inspector more than the Rental Housing Specialist as the Building Department is behind on inspections, inspections generate money for the City, and keeping rental property up to code is of a greater benefit to renters, landlords, and the City. Alderperson Daley further explained that he will abstain from this vote due to his relationship with the Building Department. Alderpersons Efroymson, Johnson, spoke in favor of the Resolution citing the need for education and information for renters and landlords alike. Commissioner Eckstrom explained his perception of the relationship of the Rental Housing Specialist and the Rental Housing Advisory Commission. Mayor Nichols spoke in favor of the Resolution stating that this position would help the Building Department run more efficiently, and would not take Housing Inspection time away from the Building Department, but free more time for the other Housing Inspectors to complete their duties. Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) Efroymson, Johnson, Golder, Schroeder, Berg, Hoffman Nays (2) Blanchard, Romanowski August 4, 1993 25 Abstentions (1) Daley Carried 21.2 Revision of County Trash Tag Law By Alderperson Daley: Seconded by Alderperson Hoffman WHEREAS, theft of trash tags within the City of Ithaca is a common occurrence and presents constant problems for both City residents and the Department of Public Works, and WHEREAS, the Board of Public Works may wish to pursue changing City collection from the tag system to an alternate method or methods; now, therefore, be it RESOLVED, That the Common Council requests the Tompkins County Board of Representatives to include language in their tag law which would accommodate alternate methods of achieving a goal of a quantity based fee for all refuse placed for collection. Carried Unanimously *21.3 Plum's Outdoor Dining/Alcoholic Beverage License By Alderperson Berg: Seconded by Alderperson Schroeder WHEREAS, the owners of Plum's Restaurant, 112 North Aurora Street, have requested a license to allow that restaurant to utilize certain areas along North Aurora Street for outdoor dining and for the sale of alcoholic beverages, and WHEREAS, the Board of Public Works has approved Plum's Restaurant's request that they be granted a license to use 100 square feet of right-of-way comprised of two areas 5' x 10' on either side of their current restaurant entrance until October 31, 1993, and WHEREAS, it is Common Council's responsibility to determine whether or not use of this public area for out door dining at Plum's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000. insurance under the Dram Shop Act; now, therefore, be it RESOLVED, For the year 1993, that Common Council hereby approves a revocable license agreement for use of the aforementioned 100 square feet for the outdoor sale and consumption of food and alcohol beverages between the City and Plum's Restaurant that includes the sale of alcohol subject to the terms and conditions set forth in application therefor, including minimum Dram Shop insurance coverage in the amount of $500,000. and the Police Chief's approval for outdoor dining permits. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:17 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor