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HomeMy WebLinkAboutMN-CC-1993-09-01 September 1, 1993 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. September 1, 1993 PRESENT: Mayor Nichols Alderpersons (9) Blanchard, Romanowski, Daley, Efroymson, Johnson, Golder, Schroeder, Hoffman, Berg OTHERS PRESENT: City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Deputy City Clerk - Holcomb Planning & Development Director - VanCort Deputy Planning & Development Director - Sieverding Police Chief - McEwen Building Commissioner - Eckstrom Fire Chief - Wilbur Superintendent of Public Works - Gray BPW Commissioner - Reeves County Board of Representatives - Lerner EXCUSED: Alderperson Booth PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American Flag. MINUTES: Approval of Minutes of the July 7, 1993 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the Minutes of the July 7, 1993 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the August 4, 1993 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That approval of the Minutes of the August 4, 1993 Common Council meeting be postponed until the October 6, 1993 meeting. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Fire Commissioners Mayor Nichols requested Council approval for the appointment of Charles R. Jennings, 304 East Falls Street, Ithaca, to the Board of Fire Commissioners with a term to expire June 30, 1996. Resolution By Alderperson Hoffman: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Charles R. Jennings to the Board of Fire Commissioners with a term to expire June 30, 1996. Carried Unanimously REPORT OF BOARD OF REPRESENTATIVES: County Board of Representatives member Eric Lerner reported to Council on the following matters: Minimum Wage Representative Lerner reported that the County is also considering a Resolution regarding an increase in minimum wage. September 1, 1993 2 Consolidation of Services Discussions between the County and the City are proceeding. Representative Lerner also suggested that the possibility of consolidation of police services within the County be reviewed. Solid Waste Finance Plan The Board of Representatives will be discussing and possibly voting on a Solid Waste Plan for 1994 in the month of September. County Trash Tag Law Amendment Representative Lerner reported that he has received a copy of the Resolution which was passed by the Board of Public Works and Common Council requesting the County to allow the City to amend the trash tag law. The City requested this amendment so that alternative methods of collecting trash, based upon the weight of the trash, could be implemented to alleviate the problem of stolen trash tags. Representative Lerner suggested that the City bring a specific plan to the County, before the County revises the trash tag law. He also suggested that the City consider using non-soluble glue on the back of the trash tags as it has in the past, as this may alleviate some of the problems with stolen tags. Alderperson Daley stated that the City would like to have the flexibility to implement different methods as needed without having to seek County approval each time. This matter was referred back to the Board of Public Works. COMMUNITY POLICE BOARD: Community Police Board Chair, Sara Shenk, reported that the Board has revised police complaint procedures so that the Board will be meeting alone with the person making a complaint before there is a meeting with the Police Chief and Deputy Police Chief. She further reported that the grievance form is being simplified, and a brochure is being created regarding how to file a complaint, etc. A sub-committee of the Board is reviewing the possibility of creating a video with a "know your rights" theme, which will be made in conjunction with the Police Department. The Police Board has received seven complaints to date in 1993. CONSOLIDATION/TRANSIT: Alderperson Blanchard reported that a bicycle exposition will be held on Saturday, September 11, 1993 at the Ithaca Area Transit Facility from 9:00 am - 1:00 pm. Speakers will be present, videos will be shown, and the IPD bicycle patrol will be present. Alderperson Blanchard also reported that she has submitted a report to the Mayor and Bob Watros on behalf of the committee that is working on the transit consolidation project. The report outlines the committee's mission statement and their intended work plan, as well as the "Single Identity Project" which would result in the uniform repainting, and restriping of all of the buses in all of the fleets. This unified service fleet would become active in June of 1994 with consolidated schedules, signing, and stops. DISABILITY ADVISORY COUNCIL: Disability Advisory Council member LeMoyne Ferrell reported that the DAC has met with representatives of the Ithaca Festival concerning issues of accessibility. Suggestions were made regarding providing necessary equipment to hearing impaired people September 1, 1993 3 so they could enjoy the concerts at Stewart Park as well as putting the Ithaca Festival schedule on tape for hearing and sight impaired people. Ms. Ferrell also noted several construction sites in the downtown area that are extremely difficult for disabled people to get around. The surveys of accessibility in City departments are proceeding. REPORT OF CITY ATTORNEY: Post Office City Attorney Guttman reported that the Postal Rate Commission has determined that they lack the jurisdiction to consider the issue of the Post Office's move to Lansing resulting in reduced services at the downtown office. This matter will be brought to Federal Court or to New York State Supreme Court, asking the Court for a declaratory judgement that the actions undertaken by the Postal Service were improper, and in violation of Federal law, and an injunction ordering the Postal Service to consider the downtown office as the Main Office, and restoring the services. City Attorney Guttman will report back to Council as this matter progresses. REPORT OF CITY CONTROLLER: Home Rule Message City Controller Cafferillo reported that he will be requesting that Common Council approve a Home Rule Message in support of a constitutional change at the State level that would permit municipalities to issue level debt service. Currently the City is required to issue debt in accordance with the 50% rule. This item would appear on the November ballot as a State Proposition, and municipalities will attempt to educate the public on this issue through the media. City Controller Cafferillo will submit a Resolution for Council's approval at the October Common Council meeting. SPECIAL ORDER OF BUSINESS: Public Hearing on the District Plan for the Business Improvement District Motion to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing on the District Plan for the Business Improvement District be declared open. Carried Unanimously Mayor Nichols asked Ken Walker, Chair of the Business Improvement District Steering Committee, and member of the former Downtown Vision Task Force to describe the district plan for the Business Improvement District. Mr. Walker explained that the Steering Committee conducted a survey of the 323 property owners within the BID and received an approximate 38% response rate. A survey of the tenants that live within the BID was also conducted. The three major concerns that were discovered through these surveys were: 1. Security 2. Recruitment/Retention of Businesses 3. Parking Three public meetings were held to explain the BID, and to hear input from area residents. By State law only property owners can vote on the creation of the Business Improvement District. The September 1, 1993 4 BID Steering Committee will not recommend that Council approve the creation of the BID if 30% of the property owners are opposed to it. A Board of Directors will be elected by the property owners and the Board would control the expenditures of money. This entity can be dissolved at any time by a 51% vote of the number of property owners or 51% of the assessed valuation of the properties within this district. The following people addressed Council regarding the creation of a Business Improvement District: Ben Stimson, 963 Comfort Road, Spencer Carol Terrizzi, 120 W. State St, Ithaca - State of the Art Gallery Dawn Green, 110 S. Corn St, Ithaca William T. Pritchard, 304 S. Cayuga St, Ithaca Joseph Lee, 335 W. State St, Ithaca - The Next Step Salon Betty Cornish, 234 S. Albany St, Ithaca Rosalind Grippi, 423 E. Seneca St, Ithaca Susan Blumenthal, Downtown Revitalization Leadership Committee Albert Smith, 707 N. Cayuga St, Ithaca Ed Dinger, 214 W. State St, Ithaca - Carpet Bazaar John A. Taylor, 201 DeWitt Pl, Ithaca John J. Augustine, Jr., 109 Rich Rd, Ithaca Jemma Macera, 125 W. Green St, Ithaca Alan Cohen, 302 E. State St, Ithaca Kevin Brew, 3 Knoll Tree Rd, Ithaca Bill Meyers, 313 Hudson St, Ithaca Chuck Kellogg, 540 W. State St, Ithaca - Chuck's Mobil Station H. Clayton Hamilton, 516 W. Green St, Ithaca Elly Hartmanis, 408 W. State St, Ithaca Beverly Baker, 320 S. Geneva St, Ithaca - Baker Travel Charles Wilson, W. State St, Ithaca - C.W. Engineering Raymond DiPasquale, 203 Wycoff Ave, Ithaca James Kerrigan, W. Seneca St, Ithaca Betsy Park, Downtown Ithaca Inc. Motion to Close Public Hearing By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That the Public Hearing to consider the creation of a Business Improvement District be declared closed. Carried Unanimously REPORT OF FIRE CHIEF: Fire Chief Wilbur thanked the emergency service personnel for the assistance they provided in the tragic fire on South Hill this past weekend. He further noted that the community support that the Fire Department has received has been very helpful and appreciated. Fire Chief Wilbur stated that the Fire Department will continue working on their public education and juvenile fire setter programs. Fire fighter personnel will begin door-to-door sticker (emergency phone number) distribution, and a county-wide campaign will be implemented to teach people how to survive a fire in their homes -EDITH (Exit Drill In The Home). A district wide neighborhood fire safety campaign will also be created so that people will know what to do in the event of a fire. A smoke detector ordinance is currently being discussed with the Charter and Ordinance Committee, and the Fire Department is also attempting to enhance their code enforcement capabilities. September 1, 1993 5 New member training has been revised, and the Fire Chief will review the department's operational procedures and volunteer personnel issues. Mayor Nichols and Common Council commended Chief Wilbur and the Fire Department for their valiant efforts during the South Hill fire. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: William Kone, Grandview Court, Ithaca, submitted a petition to Common Council with 32 signatures that read as follows: "We the undersigned, request that the Mayor and Common Council, take immediate action to correct a violation of our civil rights. Members of the First Ward, Fifth District, (the top of South Hill) have been assigned to vote at the Tompkins County Mental Health Clinic on East Green Street. This means that we must pay to vote. the only parking is either metered or in the parking lots, the largest and most convenient is the City Woolworth lot. this over-sight should be corrected before the September 14th Primary. The attempt of the City to raise money for the City coffers is unforgivable. The over-sight of the City in not making prior arrangements is typical. To force members of the top of South Hill to pay a poll tax, while having the members of the bottom of South Hill travel to South Hill Elementary is unfair, and makes no sense. We ask for quick action." (Petition is on file in the City Clerk's Office) Mayor Nichols stated that he will look into this matter and attempt to make arrangements for an hour of free parking for voters. Mr. Kone also urged Council not to support the Resolution on the Agenda regarding a minimum wage increase. Alan Cohen, 302 E. State Street, also requested that Council suspend parking fees for election days. Mr. Cohen further urged Council to support the sale of theater chairs to the Kitchen Theater Company. RESPONSE TO THE PUBLIC: Alderperson Berg stated that he will recommend to the Mayor and Board of Public Works that voters be given one hour free parking on election days. Alderperson Blanchard suggested that the polling places be reviewed and possibly altered for next year. Recess: On a motion the meeting recessed at 9:10 pm and reconvened into Regular session at 9:20 pm. COMMUNICATIONS FROM THE MAYOR: Mayor Nichols stated that issued a proclamation on the Commons yesterday, which read as follows: Size Acceptance Month "WHEREAS, stereotypes about the inadequacies of large people oppress all persons, especially women, and WHEREAS, weight prejudice and restrictive dieting compel people to mistrust themselves, fear their appetites and body sizes, and be ashamed of their bodies, and September 1, 1993 6 WHEREAS, restrictive dieting may be damaging to children's self- esteem and cause an increase in eating disorders, and WHEREAS, recent scientific research argues strongly that not all people are meant to be thin, and the attempt to be thinner than real body size may be harmful, and WHEREAS, people have the right to be treated with respect regardless of size, and WHEREAS, Diet/Weight Liberation, a project of the Center for Religion, Ethics, and Social Policy at Cornell University has scheduled numerous events on the Cornell campus and downtown during the month of September 1993 to encourage Ithacans to free themselves from the Diet/Weight prison; NOW, THEREFORE, I, Benjamin Nichols, Mayor of the City of Ithaca, New York do hereby proclaim the month of September 1993 to be SIZE ACCEPTANCE MONTH in the City of Ithaca and urge all Ithacans to condemn prejudice and discrimination based on size, IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Ithaca to be affixed this 31st day of August, 1993." HUMAN SERVICES COMMITTEE: *15.1 Resolution Urging the New York State Labor Commissioner to Appoint a Wage Board to Study NYS Minimum Wage By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, section 653 of the New York State labor Law provides that, "The Commissioner shall have power on his own motion to cause an investigation to be made of the wages being paid to persons employed in any occupation or occupations to ascertain whether the minimum wages established in accordance with the provisions of this article are sufficient to provide adequate maintenance and to protect the health of persons employed in such occupation or occupations. The Commissioner shall, on the petition of fifty or more residents of the State engaged in or affected by an occupation or occupations sought to be investigated, cause such an investigation of such occupation or occupations to be conducted. If, on the basis of information in his possession with or without such an investigation, the Commissioner is of the opinion that any substantial number of persons employed in any occupation or occupations are receiving wages insufficient to provide adequate maintenance and to protect their health, he shall appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for employees in such occupation or occupations," and WHEREAS, a petition meeting the requirements of this law has been delivered to the Labor Commissioner; now, therefore, be it RESOLVED, That the Ithaca Common Council urges the Labor Commissioner to act promptly to appoint a wage board in compliance with New York State Labor Law, and, be it further RESOLVED, That a copy of this Resolution be forwarded to Labor Commissioner John Hudacs, Governor Mario Cuomo, Assemblyman Martin Luster, Frank Barbaro, and State Senator James Seward. Discussion followed on the floor with Alderperson Efroymson September 1, 1993 7 explaining the background of the Resolution. Alderpersons Romanowski and Blanchard spoke in opposition to the Resolution because of the possibility that a raise in minimum wage could cause a loss of jobs, and they are in favor of a National increase as opposed to a State increase. Alderperson Golder explained that a wage board would review these types of concerns. A vote on the Resolution resulted as follows: Ayes (7) - Daley, Efroymson, Johnson, Golder, Schroeder, Hoffman, Berg Nays (2) - Blanchard, Romanowski Carried *15.2 Resolution in Support of Youth Activity By Alderperson Golder: Seconded by Alderperson Efroymson WHEREAS, a number of Ithaca's young people have come to the Human Services Committee asking for the City's support, and WHEREAS, "Unlimited Images" has made a specific proposal that the City be involved with it to help provide space for young people to sell crafts, exhibit art, run a cafe, etc., and WHEREAS, Ithaca Hours is also proposing a community use for public space; now, therefore, be it RESOLVED, That the City encourages Unlimited Images and Ithaca Hours to continue the exploration of a partnership with the City. Discussion followed on the floor with Alderperson Golder explaining the requests the City has had as indicated by this Resolution. Alderperson Johnson stated that the City already supports programs at the Youth Bureau, GIAC, Southside Community Center, Youth Employment Service, Partnership for Youth, etc., and hopes that this can be coordinated with these existing programs. Alderperson Blanchard stated that the City also supports an entrepreneurial program out of GIAC and this request should be referred to that program. She further stated that she will not support this Resolution if use of the City Hall Annex is involved. Alderperson Golder explained that use of the Annex is not implicated in any way in this Resolution. He further explained that this request does not fit into the entrepreneurial program as it is for an alcohol free, night-time, music/arts type club. Alderperson Romanowski suggested that this program should seek out private sponsors as opposed to City support. Alderperson Hoffman stated that this Resolution is very confusing and suggested that it be referred back to the Human Services Committee for additional review. Motion to Refer By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That this Resolution be referred back to the Human Services Committee for additional review. September 1, 1993 8 Ayes (7) - Blanchard, Romanowski, Daley, Johnson, Schroeder, Hoffman, Berg Nays (2) - Efroymson, Golder Carried *15.3 Community Services - Report Alderperson Johnson reported that 16+ Community Service Funding requests representing $ 171,298. have been received. He asked the members of the Human Services Committee to review these applications in the Controller's office before the September 9, 1993 meeting. *15.4 Human Services Coalition Funding - Report Alderperson Johnson reported that there has been a 30%+ increase in Human Services Coalition funding requests. Ten agencies have been through the consolidated review process. The Coalition is working on a needs assessment that will assist in establishing the need and the criteria for County-wide funding of Human Services. PLANNING AND DEVELOPMENT COMMITTEE: *16.1 Resolution of Support of Application for ISTEA Transportation Enhancement Funds to be Used to Execute the Cayuga Inlet Trail Project By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, the completion of a multi-use trail project to connect the four major recreational facilities under the control of the New York State Office of Parks, Recreation and Historic Preservation within Tompkins County is a long-standing priority project, and WHEREAS, the Cayuga Inlet Trail has been identified in three phases to connect Allan H. Treman State Park to Buttermilk Falls State Park parallel to the Cayuga Inlet (Phase I), to connect Buttermilk Falls State Park to Robert H. Treman State Park parallel to Cayuga Inlet Creek South (Phase II), and to connect Taughannock Falls State Park to Allan H. Treman State Park along the old Lehigh Valley Railroad corridor, and WHEREAS, the proposed Cayuga Inlet Trail would traverse an area of diverse, scenic, natural, and cultural features, and would provide access to existing and proposed local and regional trails and to several neighborhoods, and WHEREAS, the proposed Cayuga Inlet Trail would provide the citizens and residents of the Town of Ithaca, Town of Ulysses, City of Ithaca, and Tompkins County with additional recreational and transportation opportunities in a safe and enjoyable environment, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation-Finger Lakes Region intends to file a grant application for funds available under the Transportation Enhancement Program of the Intermodal Surface Transportation Efficiency Act of 1991 as administered by the New York State Department of Transportation in order to fund necessary planning, acquisition, and construction of the Cayuga Inlet Trail; now, therefore, be it RESOLVED, that the City of Ithaca does hereby support the New York State Office of Parks, Recreation and Historic Preservation-Finger Lakes Region's application for funds available under the September 1, 1993 9 Transportation Enhancement Program of the Intermodal Surface Transportation Efficiency Act of 1991 as administered by the New York State Department of Transportation, and be it further RESOLVED, that the City of Ithaca considers the completion of the Cayuga Inlet Trail to be a priority recreation and transportation project serving its residents and citizens. Carried Unanimously *16.2 Resolution of Support of County ARC Grant Application to Fund Study of Social Services Consolidation By Alderperson Schroeder: Alderperson Blanchard WHEREAS, the Human Services Coalition, with City and County encouragement, has conducted a preliminary feasibility analysis regarding a multi-agency human services building downtown which concluded that a sufficient number of agencies are interested in a partnership with the private sector in either building a new structure or renovating an existing building on a long-term lease basis, and WHEREAS, more detailed analysis, including architectural services, cost estimating, and management consulting services, is required before the requisite commitments can be obtained from the social service agencies involved in order to move this project forward, and WHEREAS, consolidation of these agencies in one building will promote more efficient delivery of services and should generate cost savings in terms of reduced overhead for all the agencies involved, and WHEREAS, the commitment by these social service agencies to locate downtown on the public transit system and near other support agencies is important to the City's downtown revitalization efforts, now, therefore be it RESOLVED, That the Common Council supports the Appalachian Regional Commission grant application prepared and submitted by Tompkins County on behalf of the Human Services Coalition for Funding a detailed building consolidation feasibility study, and be it further RESOLVED, That the Common Council commits to its share of the local match which includes up to $2,000 of next year's allocation to the Human Services Coalition to fund its activities for the consolidation program and the contribution of City staff time (Planning Department, Building Department, and Department of Public Works) in an amount not to exceed $6,000, such staff time to be directed to the architectural feasibility component of the study, and, be it further RESOLVED, That this Resolution does not commit the City to increasing its funding allocation to the Human Services Coalition in 1994. Alderperson Berg voiced his concerns over the amount of money being requested for a feasibility study. Alderperson Blanchard explained that grants are rarely fully funded, so the grant includes three components where the project could be trimmed back if the funding does not come through. She also stated that this project would entail extensive architectural, engineering, and management assistance to the agencies, as well as moving expenses. A vote on the Resolution resulted as follows: Carried Unanimously September 1, 1993 10 *16.3 An Ordinance Amending Section 325-8 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code Regarding Minimum Height of Buildings - Call for a Public Hearing By Alderperson Schroeder: By Alderperson Daley RESOLVED, That Ordinance 93- entitled "An Ordinance Amending the Section 325-8 of Chapter 325 entitled `Zoning' of the City of Ithaca Municipal Code regarding minimum height of buildings" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption in the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, October 6, 1993 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. The Ordinance to be considered shall be as follows: ORDINANCE 93- An Ordinance Amending Section 325-8 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Minimum Height of Buildings. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 325-8(A)(15) entitled "District Regulations" is hereby amended to read as follows: "(15) Column 16: Minimum height of building, height in feet. Buildings hereafter erected shall have a minimum height as specified herein, provided however that the requirements of this column shall not apply to development, including additions and/or expansions of existing development where the new development or addition or expansion of the existing development does not exceed a footprint of 500 square feet." Section 2. Effective Date. This Ordinance shall take effect immediately, in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor with Planning and Development Director VanCort explaining a memo that he and Deputy Director Sieverding directed to Council regarding their opposition to the minimum building height amendment. Alderperson Schroeder explained that this amendment was intended for minor, accessory additions. He stated that he does not believe that these types of projects should be required to go to the Board of Zoning Appeals for a variance. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the 500 square feet figure in the minimum building September 1, 1993 11 heights amendment be amended to read 300 square feet. Ayes (3) Schroeder, Berg, Johnson Nays (6) Blanchard, Romanowski, Daley, Efroymson, Golder, Hoffman Failed Motion to Refer to Committee By Alderperson Blanchard: Seconded by Alderperson Johnson RESOLVED, That this Ordinance be referred back to the Planning and Development Committee for additional discussion. Ayes (3) Blanchard, Romanowski, Johnson Nays (6) Daley, Efroymson, Golder, Schroeder, Hoffman, Berg Failed Discussion followed on the floor with Alderperson Blanchard stating that she will not support this Ordinance based on the memo from staff. Main Motion to Call for a Public Hearing A vote on the motion resulted as follows: Ayes (6) Daley, Efroymson, Golder, Schroeder, Hoffman, Berg Nays (3) Blanchard, Romanowski, Johnson Carried *16.4 An Ordinance Amending the Zoning Map and Sections 325-3, 325-8, and 325-9 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code and Further Amending Section 276-2 of Chapter 276 Entitled "Site Development Plan Review" Regarding Redemption Centers - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending the zoning map and §§ 325-3, 325-8, and 325-9 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code and further amending § 276-2 of Chapter 276 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code regarding redemption centers be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and, be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption in the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, October 6, 1993, 7:00 pm, and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously September 1, 1993 12 The Ordinance to be considered shall be as follows: Ordinance No. 93-___ An ordinance amending the zoning map and §§ 325-3, 325-8, and 325-9 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code and further amending § 276-2 of Chapter 276 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code regarding redemption centers BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That § 325-3 entitled "Definitions and Word Usage" be amended to include a definition for a "Redemption Center" to read as follows: "Redemption Center - A New York State registered facility for the collection of mandated, clean, source separated, recyclable materials such as glass, aluminum, bimetal, and plastic containers." SECTION 2. That § 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted primary uses in the B-2 zone as a use permitted "by special permit of the Board of Appeals - redemption centers". SECTION 3. That § 325-9 entitled "Special Permits" is hereby amended to add a new section be known and designated as § 325- 9.(C)(1)(q) to read as follows: "(q) Redemptions Centers in B-2 Districts." SECTION 4. That § 276-2 entitled "Applicability" of Chapter 276 entitled "Site Development Plan Review" is hereby amended to add a new section to be known and designated as § 276-2(B)(10) to read as follows: "(10) not withstanding the above, the provisions of this Chapter shall apply, in all cases, to the development (including addition and expansion) of redemption centers as a primary use on a property, regardless of the size of the redemption center." SECTION 5. That § 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted accessory uses in the B-2 zone "Redemption Centers". SECTION 6. Effective date. This ordinance shall take effect immediately, in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously *16.5 An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, that Ordinance 93-_____ entitled "An ordinance amending the zoning map established pursuant to Chapter 325 entitled 'Zoning' of the City of Ithaca Municipal Code and the zoning of a parcel of land at Franklin and First Streets in the City of Ithaca" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and, be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption in the aforesaid ordinance to be held September 1, 1993 13 at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, October 6, 1993, 7:00 pm, and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE 93-___ An Ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, entitled "Zoning" to change the zoning designation of certain areas of the City of Ithaca. BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. That the official zoning map of the City of Ithaca, New York, as last amended, is hereby amended to change the zoning designation of the following area from P-1 to B-2a: All that tract or parcel of land situate in the City of Ithaca, County of Tompkins, the State of New York, more particularly bounded and described as follows: Beginning at the intersection of the center line of First Street with the southeasterly line of New York State Route 13; running thence southeasterly along the center line of First Street to its intersection with the center line of Franklin Street; running thence southwesterly along the center line of Franklin Street to its intersection with the southeasterly line of New York State Route 13; running thence northeasterly along the southeasterly line of New York State Route 13 to the point or place of beginning, being a triangular parcel of land bounded on the east by First Street, on the south by Franklin Street, and on the northwest by New York State Route 13. SECTION 2. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in Ithaca City Charter. *16.6 An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending the zoning map established pursuant to Chapter 325 entitled `Zoning' of the City of Ithaca Municipal Code regarding the zoning of a parcel of land at South and Meadow Streets in the City of Ithaca" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption in the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, October 6, 1993, September 1, 1993 14 7:00 in the afternoon of that day, and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing. RESOLVED, that the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. The Ordinance to be considered shall be as follows: ORDINANCE 93-___ An Ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, entitled "Zoning" to change the zoning designation of certain areas of the City of Ithaca. BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. That the official zoning map of the City of Ithaca, New York, as last amended, is hereby amended to change the zoning designation of the following area from R-3b to B-2a: All that tract or parcel of land situate in the City of Ithaca, County of Tompkins, the State of New York, more particularly bounded and described as follows: Beginning at the intersection of the southerly line of South Street with the easterly line of Meadow Street; running thence south 82° 31 minutes east along the southerly line of South Street 220.25 feet to a point; running thence south 7° 30 minutes west 35.70 feet to a point; running thence south 52° 30 minutes west 34.31 feet; running thence south 7° 30 minutes west 224.08 feet to a point; running thence south 37° 30 minutes east 34.31 feet to a point; running thence south 7° 30 minutes west 35.70 feet to a point in the northerly line of Wood Street; running thence north 82° 31 minutes west along the northerly line of Wood Street 138.25 feet to the southeast corner of a parcel of land owned by the City of Ithaca; running thence north 7° 25 minutes 35 seconds east along the easterly line said City of Ithaca parcel 49.96 feet to a point; running thence north 82° 28 minutes 55 seconds west along the northerly line of City of Ithaca Parcel 81.95 feet to a point in the easterly line of Meadow Street; running thence north 7° 30 minutes 00 seconds east along the easterly line of Meadow Street to the point or place of beginning. SECTION 2. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in Ithaca City Charter. Discussion followed on the floor with Alderperson Schroeder explaining the Ordinance and Deputy Director Sieverding answering questions from Council. Motion to Defer By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That this Call for Public Hearing be deferred until the October 6, 1993 Common Council meeting. September 1, 1993 15 Carried Unanimously *16.7 Lease Agreement with Project Growing Hope By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, Common Council has reviewed the terms of the proposed long term lease agreement with Project Growing Hope, Inc. for the use and occupation of the Community Gardens site in the Carpenter Business Park, and WHEREAS, pursuant to the Ithaca City Charter the appropriate public notice of this proposed lease has been published; now, therefore, be it RESOLVED, That Common Council does authorize the long term lease of the Community Gardens site in the Carpenter Business Park in accordance with the terms and conditions more particularly set forth in the lease, and, be it further RESOLVED, That the Mayor be and is hereby authorized to execute said lease agreement upon advice of the City Attorney. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: *17.1 An Ordinance Amending Chapter 1 Entitled "Penalties" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Blanchard ORDINANCE NO. 93- AN ORDINANCE AMENDING Part I, Administrative Legislation, Chapter 1, General Provisions, Article 1, "Penalties" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 1 entitled "PENALTIES" of the City of Ithaca Municipal Code is amended to read as follows: SECTION 1-1. Penalties for Offenses. A) Unless a different penalty is specified, violations of the provisions of this code shall be punishable by a fine of not more than Two Hundred and Fifty Dollars ($250.00) or imprisonment for a term of not more than fifteen (15) days, or both. For the purpose of determining the appropriate fine, each day on which the violation continues to exist shall be considered a separate offense. In no case shall a term of imprisonment exceeding fifteen (15) days be imposed as a penalty for violations of this code, no matter how many days of violation are charged, unless, by separate code section, the violation has been classified as a misdemeanor. B) Notwithstanding the penalty provisions of the preceding paragraph, or other penalties specified in subsequent sections of this code, the penalties for violation of the code sections listed below shall be: not more than forty dollars ($40.00) for a first offense; not more than sixty dollars ($60.00) for a second offense and not more than one-hundred dollars ($100.00) for a third offense, if a conviction for such offense occurs within the same twelve month period. Each day on which the condition exists may be charged and shall be considered as a separate offense. Code Section September 1, 1993 16 196-5 (Uncollected Garbage) 210-35 (Open Areas) 210-36C (Accessory Structures) 210-38 (Garbage and Refuse) 272-4.D (Mobile Signs) 272-4.E (Banners and Pennants) 285-5 (Sidewalks) 325-23.B.(1) (Yard Maintenance) 325-20.A.(5) (Front Yard Parking) C) Notwithstanding any contrary code provision, appearance tickets may be issued by the Building Commissioner and/or Commissioner's designee(s) charging violations of any of the above sections whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned in any subsequent section of this code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of any of the above-listed code sections. Any right to an administrative appeal from a decision or determination of the Building Commissioner or other City official with regard to the above code sections shall apply only in cases in which the City intends to correct the violation and seek to charge to property owner or other responsible party for the costs of correction. Section 2. Effective date. This ordinance shall take effect immediately, in accordance with law, upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously *17.2 An Ordinance Amending Section 285-6 Entitled "Streets and Sidewalks" of the City of Ithaca Municipal Code This Ordinance was withdrawn from the Agenda based on the recommendation of the City Attorney as he feels that this issue is already covered by the current language in the City Code. *17.3 An Ordinance to Amend Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code A. Declaration of Lead Agency Status By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, State law and § 176.6 of the Ithaca 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 with its primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed ordinance amending the zoning ordinance regarding yard maintenance requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Municipal Code of the City of Ithaca regarding yard maintenance. Carried Unanimously B. Negative Declaration of Environmental Impact By Alderperson Hoffman: Seconded by Alderperson Blanchard September 1, 1993 17 WHEREAS, an amendment to the City of Ithaca Zoning Ordinance regarding yard maintenance requires review under State and City Environmental Quality Review Acts, and WHEREAS, appropriate environmental review has been conducted, including the preparation of 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 (CEQR), 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, does hereby adopt as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form dated August 19, 1993, and, be it further RESOLVED, That this Common Council, as lead agency in this matter, does hereby determine that the proposed action 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. Carried Unanimously C. Call for a Public Hearing By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code is amended to add a new subparagraph (c) to § 325-23.B(1) "Yard Maintenance" of the City of Ithaca Municipal Code regarding yard maintenance be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and, be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption in the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, August 25, 1993, 7:00 pm, and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE NO. 93- September 1, 1993 18 AN ORDINANCE AMENDING CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code is amended to add a new subparagraph (c) to § 325-23.B(1) "Yard Maintenance" to read as follows: (c) The owners of all private property are hereby required to cut, trim or remove brush, high grass, rubbish and weeds from their premises along all public rights-of-way and to keep such areas in proximity to the public right- of-way, including, but not limited to the lawn areas between the sidewalk and the curb, in a reasonably clean and sanitary condition to prevent the breeding of insects or vermin and to prevent the spreading of noxious weeds to adjoining premises, as well as to permit pedestrian traffic wherever practicable along the public right-of-way. Premises situated at street intersections or on curved streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or curve. Section 2. That § 325-23B.(2), entitled "Yard Maintenance" is amended to add an introductory phrase to the first sentence to read as follows: (2) In any case in which the City intends to correct a violation of § 325-23B.(1) and then bill the property owner for the correction of the violation, the Building Commissioner shall notify the owner of the property, in writing, of any violation of this Section. [The rest of the section remains as in the original] Section 3. Effective date. This ordinance shall take effect immediately, in accordance with law, upon publication of a notice as provided in the Ithaca City Charter. BUDGET AND ADMINISTRATION COMMITTEE: *18.1 DPW - Request to Amend 1993 Authorized Personnel Roster By Alderperson Romanowski: Seconded by Alderperson Efroymson WHEREAS, the Department of Public Works has recommended that two full-time meter checker positions be established to provide for the necessary coverage in the Metered Parking Department, and WHEREAS, the Metered Parking Department currently has two open and funded part-time meter checker positions; now, therefore, be it RESOLVED, That the Department of Public Works' 1993 Authorized Personnel roster be amended as follows: Add: Two (2) full-time meter checker positions and, be it further RESOLVED, That the two (2) part-time meter checker positions remain on the authorized personnel roster, unfunded and vacant, until all Civil Service issues have been resolved, at which time the two part-time positions will be deleted from the roster; and be it further RESOLVED, That the funding for the two full-time meter checker positions will be derived from within existing DPW Budgets. September 1, 1993 19 Discussion followed on the floor with Superintendent Gray answering questions from Council members. A vote on the Resolution resulted as follows: Carried Unanimously *18.2 DPW - Request to Amend Authorized Personnel Roster By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has recommended that one (1) full-time custodial worker position and one (1) half-time custodial worker position be filled for the purpose of performing custodial work in the new City Court Facility, and WHEREAS, the two positions have been funded in the 1993 budget and approved by Civil Service, and WHEREAS, currently a full-time custodial worker from the Youth Bureau building and a half-time custodial worker in the Police Station are working in the City Court Facility from unauthorized positions and are currently needed; now, therefore, be it RESOLVED, That the 1993 Authorized Personnel Roster be amended to include the following: Add: one (1) full-time custodial worker one (1) half-time (20 hours per week) custodial worker; and, be it further RESOLVED, That the current employees in the unauthorized custodial positions will fill these new positions with funding derived from within existing funds in the DPW Budget. Carried Unanimously *18.3 DPW - Request to Increase Authorization for City Hall HVAC Capital Project By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has solicited bids for work performed in connection with energy modifications to various City facilities, and WHEREAS, the City has applied for, and received approval of partial funding for this project, through the New York State Electric and Gas Demand Side Management Program, in the amount of $149,900, which shall be expended directly by NYSEG for contract services, and WHEREAS, the Department of Public Works has recommended that the City expend up to $197,100 for a total combined project of $347,000, with the City share being derived as follows: 1. $142,500 for City Hall HVAC and related costs, to be expended from Capital Project #247, already established and funded. 2. $54,600 to be expended from a newly-established capital project, for the Electrical and Heating and Ventilating Improvements to various City facilities; now, therefore, be it RESOLVED, That Capital Project #263 be hereby established for Electrical and Heating and Ventilating Improvement to Various City September 1, 1993 20 Facilities, in an amount not to exceed $54,600, such amount to be financed through the issuance of serial bonds; and be it further RESOLVED, That the Mayor be authorized to execute an agreement with NYSEG for the implementation of said grant program. Carried Unanimously *18.4 DPW - Request to Increase Authorization for City Court/Police Renovations Capital Project By Alderperson Romanowski: Seconded by Alderperson Berg WHEREAS, it has been determined that additional modifications to the Heating Ventilating and Air Conditioning (HVAC) system in the Police Building are required, and WHEREAS, the Department of Public Works has recommended that the Police Building Renovations project be amended to include the following: 1. Install programmable control modules 2. Replace the existing thermostat compressor 3. Replace thermostats on the 2nd, 3rd, and 4th floors 4. Replace steam valves on existing heating units 5. Replace existing radiators to the extent necessary; now, therefore, be it RESOLVED, That the New Court and Police Facilities Capital Project #242 be hereby increased by an amount not to exceed $75,000, to an amended total authorization of $3,205,000; and be it further RESOLVED, That said additional funds be derived from the issuance of serial bonds. Carried Unanimously *18.5 Planning Department - Request for City Participation in BID Assessment By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the City is one of the major property owners downtown, and WHEREAS, the proposed Business Improvement District will provide services and programs which will benefit all property owners and tenants in the proposed district, and WHEREAS, the BID Steering Committee has decided to exempt the traditionally tax exempt organizations from the full BID assessment but seek financial participation by some of those entities on the basis of their role as 'residents' of downtown and WHEREAS, the enhanced security program proposed in the BID plan is one of the services that will particularly benefit the City in terms of increased safety for its employees and clients, and for other persons, and WHEREAS, the City is committed to the BID concept as a vehicle for promoting the well being of the City's downtown areas and increasing the sales and property tax base; now, therefore, be it RESOLVED, That the Common Council requests the Mayor to include in his 1994 proposed budget $12,775 as the City's 'payment' to the BID. This amount represents a proportional allocation of the BID budget for enhanced security to the City based on the assessed value of City owned property measured against the total assessed value of all property in the BID. Alderperson Daley disclosed the fact that he owns property within September 1, 1993 21 this district. A vote on the Resolution resulted as follows: Ayes (8) Blanchard, Romanowski, Efroymson, Johnson, Golder, Schroeder, Berg, Hoffman Nays (0) Abstentions (1) Daley Carried *18.6 Planning Department - Request to Appropriate Funds for 1993 Employee Recognition Picnic By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the 1993 City of Ithaca Employee Recognition Picnic will be held on Friday, September 17, 1993 starting at 1:00 P.M.; now, therefore, be it RESOLVED, That an amount not to exceed $2,400 be transferred from the unrestricted contingency account A1990 to Account A1430-440 in order to pay for the 1993 City of Ithaca Employee Recognition Picnic. Carried Unanimously *18.7 Finance Department/Personnel - Request to Release Restricted Contingency Funds for Employee Newsletter By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, $640 was placed in the restricted contingency account in the 1993 Budget for the purpose of funding a city employee newsletter; now, therefore, be it RESOLVED, That an amount not to exceed $640 be transferred from Account A1990 Restricted Contingency to Account A1430-425 for the purpose of covering copying and software costs related to the city employee newsletter. Carried Unanimously *18.8 Fire Department - Request to Amend Paid Fire Fighters Contract By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Fire Department has recommended amendments to the current contract between the City of Ithaca and the Ithaca Paid Fire Fighters Association to accommodate certain staffing proposals for the Fire Department, and WHEREAS, the following proposals have been approved by the Union, and the Fire Department is continuing to work towards implementation of the staffing proposals; now, therefore, be it RESOLVED, That the following amendments be made to the existing contract between the City of Ithaca and the Ithaca Paid Fire Fighters Association. FLOAT LIEUTENANT: (Add the following language to the existing language) Upon assignment of two (2) lieutenants to each shift, this clause shall become null and void for the duration of this agreement. DESIGNATED LIEUTENANT: (Add the following language to the existing language) When an employee is working overtime in an out of title capacity (see the "Out of Title Work" clause elsewhere in this agreement), said employee shall be entitled to time and one half in cash or time (at the employee's option) at the rate specified in the "Out of Title Work" clause. OUT OF TITLE WORK: September 1, 1993 22 When an employee covered by this agreement is assigned to work at a job classification higher than his/her regular job classification, his/her salary shall be equal to the minimum salary for the higher classification. The higher rate of pay shall apply for all hours actually worked in the higher classification. If an employee covered by this agreement does not desire out of title work, said employee shall not be required to work in a higher job classification than his/her regular job classification. If an employee does not wish to work out of title, he/she may notify the Fire Chief in writing of said request. Requests for waiver from out of title work may be rescinded by the employee at any time during regular business hours. Selection of an employee to work in a higher classification shall be based upon criteria mutually agreed upon by the Fire Chief and the Union. Carried Unanimously *18.9 Fire Department - Request to Amend 1993 Authorized Personnel Roster By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Fire Department is recommending that the 1993 Authorized Personnel Roster be amended by adding three (3) lieutenant positions to allow for increased flexibility for the implementation of various staffing proposals to address the current needs of the Fire Department, and WHEREAS, the Civil Service Commission has approved the addition of three lieutenant positions to the roster; now, therefore, be it RESOLVED, That the 1993 Authorized Personnel Roster be amended as follows: Add: three (3) lieutenant positions; and be it further RESOLVED, That said lieutenant positions be funded by transferring existing funding from the following positions: One (1) Deputy Chief position Two (2) Fire Fighter positions; and be it further RESOLVED, That, by making the above amendment, the overall authorized positions in the Fire Department will be increased by three, but the number of funded positions will remain the same. Alderperson Efroymson expressed his concerns regarding leaving unfunded positions open. Chief Wilbur stated that leaving these positions open is important to him as he is attempting to improve the efficiency of his department. If this particular staffing plan does not work he will need to have the flexibility to try alternate staffing plans. Chief Wilbur stated that if this staffing plan does work, the Fire Department will request that the Authorized Personnel Roster be amended so that it will reflect the current staffing situation. A vote on the Resolution resulted as follows: Carried Unanimously September 1, 1993 23 *18.10 Finance Department/Controller - Request to Release Restricted Contingency Funds for Gadabout By Alderperson Romanowski: Seconded by Alderperson Berg WHEREAS, $30,000 was placed in restricted contingency in the 1993 Budget for the purpose of funding Gadabout's shortfall of funding with respect to operations of the Ithaca Tompkins Transit Center, and WHEREAS, the Gadabout shortfall has been realized, and the $30,000 funding is needed to cover Gadabout's Ithaca Tompkins Transit Center Expenses; now, therefore, be it RESOLVED, That the $30,000 placed in the Restricted Contingency Account 1990 be released and transferred to Account A5630-435 Bus Operation Contracts for the purpose of funding Gadabout's shortfall of funds with respect to operations of the Ithaca Tompkins Transit Center. Carried Unanimously *18.11 Finance Department/Chamberlain - Request for Tax Penalty Expungement By Alderperson Romanowski: Seconded by Alderperson Berg WHEREAS, the property owner of 624-628 South Meadow Street has filed a request to waive a $63.60 penalty on tax bills, stating that the payment had a metered postmark of June 30, 1993, and WHEREAS, the City Chamberlain has researched the request and found that the payment had a Rochester Post Office postmark of July 1, 1993; now, therefore, be it RESOLVED, That the request to waive the tax penalty be denied. Carried Unanimously *18.12 Finance Department/Controller - Approval of Ithaca Housing Authority Salaries Comparability to City Salaries By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Ithaca Housing Authority is mandated by the Department of Housing and Urban Development, its funding agency, to demonstrate that the salaries and wages of the employees of said Housing Authority are comparable with the practices of the local governing body for all positions of similar responsibility and required competence; and WHEREAS, the City of Ithaca authorized cost of living increases for 1993, including step increases for qualified employees; and WHEREAS, the IHA negotiated a three year Contract with the UAW at 7% per year for maintenance employees; and WHEREAS, the Ithaca Housing Authority authorized a 7% increase for all qualified employees to bring the IHA employees closer to parity and comparability with City of Ithaca employees, and WHEREAS, the IHA has established the following positions, comparability and salary ranges for its Public Housing Section and covered by its Operating Budget: Position Comparable Position Salary Executive Director Director of Planning & *$45,734- 67,698 Development/Controller September 1, 1993 24 (1992) $52,965 (Oper.) 5,885 (Sec. 8) Salary $58,850 Family Self- Supervisor of Caseworkers $24,000-33,000 Sufficiency Tompkins County DSS Salary $26,750 Principal Account City of Ithaca CSEA *$16,746- 21,189 Clerk/Fiscal Officer (40 hours) Salary $35,502 (16 years) Administrative City of Ithaca CSEA *$17,716-22,417 Secretary (14 years) Salary $26,793 Site Manager Planner II *$22,125-27,995 (3-1/2 years) (40 hours) Salary $23,719 Tenant Relations Administrative Assistant *$15,750-19,964 Assistant (40 hours) Salary $15,750 Account Clerk-Typist City of Ithaca CSEA *$13,358-16,902 (8 years) (40 hours) Salary $19,220 Sr. Account Clerk- City of Ithaca CSEA *$14,694- 18,593 Typist (3 yrs, 40 hours) (35 hours) $14,294 (Oper.) 7,697 (Sec. 8) Salary $21,991 Director of Resident Recreation Supervisor *$19,252-24,360 Services (3 years) CSEA (35 hours) Salary $23,253 Resident Initiatives Recreation Supervisor *$19,252-24,360 Coordinator CSEA Salary $25,680 CIAP Program Assistant Civil Engineer *$28,253- 35,749 Coordinator $28,683 (CIAP) 977 (Mgmt) Salary $29,660 Working Foreman Ithaca City School District ***Range not (20 years) (40 hours) available Salary $33,626 Storekeeper City of Ithaca CSEA *$14,211- 17,981 (2 yrs.) (40 hours) (35 hours) Salary $19,463 Building Maintenance Maintainer CSEA $8.75/hour minimum Mechanic (16 years) (40 hours) IHA $16.16 + O.T. guaranteed Salary $27,861 Position Comparable Position Salary Building Maintenance Maintainer CSEA $8.75/hour minimum Mechanic (15 years) (40 hours) IHA $12.24 + O.T. guaranteed Salary $26,338 September 1, 1993 25 Maintenance Worker City of Ithaca CSEA $8.11/hour minimum (12 years) (40 hours) IHA $10.00 + O.T. guaranteed Salary $20,647 Maintenance Worker City of Ithaca CSEA $8.11/hour minimum (8 years) (40 hours) IHA $8.96 + O.T. guaranteed Salary $19,267 Maintenance Worker City of Ithaca CSEA $8.11/hour minimum (7 years) (40 hours) IHA $8.78 + O.T. guaranteed Salary $18,897 Maintenance Worker City of Ithaca CSEA $8.11/hour minimum (7 years) (40 hours) IHA $8.78 + O.T. guaranteed Salary $18,897 Laborer City of Ithaca CSEA $7.74/hour minimum (7 years) (40 hours) IHA $8.22 + O.T. guaranteed Salary $17,740 Laborer City of Ithaca CSEA $7.74/hour minimum (3-l/2 years) (40 hours) IHA $7.30 + O.T. guaranteed Salary $15,714 *1992 latest salary range available Laborer (Summer help) Seasonal $5.00/hour $2,600 Laborer (Summer help) Seasonal $5.00/hour $2,600 Camp Director & Seasonal $15,336 Counselors SECTION 8 / VOUCHER Section 8 Administrator Planner II - CSEA *$22,125- 27,995 (5 years) (40 hours) (35 hours) Salary $24,444 Tenant Selector Administrative Assistant *$15,778-19,964 (2 years) (40 hours) CSEA (35 hours) Salary $19,941 Account Clerk/Typist City of Ithaca CSEA *$13,358-16,902 (4 years) (40 hours) (35 hours) Salary $17,281 Account Clerk/Typist City of Ithaca *$13,358-16,902 (5 years) (40 hours) (35 hours) Salary $18,190 Typist City of Ithaca CSEA *$13,358- 16,902 (New) Salary $14,338 September 1, 1993 26 Now, therefore, be it RESOLVED, that pursuant to its responsibilities under Section 3, Article 32(1) of the New York State Housing Law the Common Council agrees that the salaries and wages of the employees of the IHA are comparable to those paid by the City for all positions of similar responsibility and required competence. *18.13 Fire Department - Request to Transfer Funds for Training Activity By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, the Fire Department anticipates required certification courses and Fire Academy training for certain staff members for the remainder of 1993 in the amount of $8,000., and WHEREAS, the Fire Department needs to cover current shortfalls in their training account as a result of mandated training for two new career fire fighters in the amount of $2,000.; now, therefore, be it RESOLVED, That $10,000. be transferred from Account A1990 Restricted Contingency to Account A3410-440 Fire Department Staff Development to fund said training courses. Carried Unanimously *18.14 Audit Report Deputy City Controller Thayer answered questions from Council members regarding the Audit. Motion to Reconsider Item 18.12 By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That Budget & Administration Agenda Item 18.12 be reconsidered. Carried Unanimously *18.12 Finance Department/Controller - Approval of Ithaca Housing Authority Salaries Comparability to City Salaries Mayor Nichols explained that the Budget & Administration Committee Chair, Richard Booth had requested that the third and fourth Whereas clauses be deleted from the Resolution. He further explained that the deletion of this wording would not affect the meaning of the Resolution. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Berg RESOLVED, That the third and fourth Whereas clauses be deleted from Agenda Item 18.12. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: *19.1 Purchase of Property 715-721 Willow Avenue By Alderperson Romanowski: Seconded by Alderperson Johnson WHEREAS, it is the intention of the City of Ithaca to consolidate Public Works functions to the extent possible onto the current site located northwesterly of Route 13, and WHEREAS, the acquisition by the City of property at 715-721 Willow Avenue will assist the City in this consolidation of Public Works functions; now, therefore, be it RESOLVED, That the City Attorney is directed to negotiate and the Mayor is authorized to enter into a contract for the acquisition of property known as 715-721 Willow Avenue under terms more particularly set forth in the proposed contract. Amending Resolution September 1, 1993 27 By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That the following Resolved clause be added to the Resolution: "RESOLVED, That should an agreement be entered into relative to this property acquisition, the funds necessary to acquire the property shall be derived by the issuance of serial bonds." Discussion followed on the floor regarding the environmental audit and the consolidation project. Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously NEW BUSINESS: *22.1 Sale of Surplus Theater Chairs to Kitchen Theater Company By Alderperson Daley: Seconded by Alderperson Johnson WHEREAS, the Kitchen Theater Company should be encouraged to remain downtown, and WHEREAS, the City of Ithaca has surplus chairs that were purchased with ARC funds, and WHEREAS, these chairs are in danger of severe deterioration as a result of a roof leak in the storage room, and WHEREAS, the use of the chairs by the Kitchen Theater Company would promote a public benefit for the citizens of the City, and WHEREAS, the building where the chairs are stored is slated for demolition and the value of the chairs is more than offset by the cost of moving and storing them; now, therefore, be it RESOLVED, That the Common Council allow the Kitchen Theater Company to make use of the theater chairs provided that the Kitchen Theater removes the chairs in a timely manner, and, be it further RESOLVED, That if the transfer were to take place before repayment of the ARC grant, that permission from ARC be obtained first, or an appropriate agreement be entered into providing for temporary use of the chairs by the Kitchen Theater. Discussion followed on the floor regarding the value of the chairs and what would happen if the Kitchen Theater Company went out of business. Alderperson Blanchard stated that the Hangar Theater also expressed a general interest in any salvageable items from the Strand including the chairs. Mayor Nichols stated that he is hoping the City will be able to support the Hangar Theater in the near future in terms of downtown performances, and he would like to help both companies. Alderperson Daley noted that he will abstain from voting on this Resolution as he is the Treasurer of the Kitchen Theater Company. A vote on the Resolution resulted as follows: Ayes (8) Blanchard, Romanowski, Efroymson, Johnson, Golder, Schroeder, Hoffman, Berg Nays (0) Abstentions (1) Daley Carried ADJOURNMENT: On a motion the meeting adjourned at 11:30 pm. September 1, 1993 28 Julie Conley Holcomb Benjamin Nichols Deputy City Clerk Mayor