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Home My WebLink AboutMN-CC-1993-10-06 October 6, 1993 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. October 6, 1993 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Efroymson, Johnson, Blanchard, Daley, Hoffman, Schroeder, Berg, Romanowski, Golder OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Deputy Director - Sieverding Police Chief - McEwen Deputy Police Chief - Barnes Personnel Administrator - Saul Building Commissioner - Eckstrom Fire Chief - Wilbur Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the August 4, 1993 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the August 4, 1993 Common Council meeting be approved with corrections as noted by Alderperson Schroeder. Carried Unanimously Approval of Minutes of the September 1, 1993 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the September 1, 1993 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Booth requested the addition of Item 17.14 - Appointment of Assistant Superintendent of Water and Sewer. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing on Zoning Changes Resolution to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing on Zoning changes be declared open. Carried Unanimously A. An Ordinance Amending Section 325.8 Regarding Minimum Height of Buildings Alderperson Schroeder explained the proposed changes to the Ordinance. No one appeared to address Council. October 6, 1993 2 B. An Ordinance Amending the Zoning Map and Section 325-3, 325-8 and 325-9 and Further Amending Section 276-2 Entitled "Site Development Plan Review"Regarding Redemption Centers Alderperson Schroeder explained the proposed changes to the Ordinance. No one appeared to address Council. C. An Ordinance Amending the Zoning Map to Change the Zoning Designation of a Parcel of Land at Franklin and First Streets Alderperson Schroeder explained the proposed changes to the Ordinance. No one appeared to address Council. D. An Ordinance to Add a New Sub - paragraph (C) to Section 325- 23.B(1) Entitled "Yard Maintenance" Alderperson Hoffman explained the proposed addition to the Ordinance. No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Efroymson RESOLVED, That the Public Hearing to consider zoning changes be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Parks Commission Mayor Nichols requested Council approval for the appointment of Graham Kerslick, 214 Lake Avenue to the Parks Commission, with a term to expire December 31, 1994. Resolution By Alderperson Daley: Seconded by Alderperson Berg RESOLVED, That this Council approves the appointment of Graham Kerslick to the Parks Commission with a term to expire December 31, 1994. Carried Unanimously Disability Advisory Council Mayor Nichols requested Council approval for the appointment of Jessica Skintges, 111 Heights Court, to the Disability Advisory Council, with a term to expire June 30, 1996. Resolution By Alderperson Johnson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Jessica Skintges to the Disability Advisory Council with a term to expire June 30, 1996. Carried Unanimously COMMUNICATIONS: Fire Prevention Week Proclamation Mayor Nichols read the following proclamation: "WHEREAS, more than 4,000 people die from fire each year in the United States, and WHEREAS, 80% of all U.S. fire deaths occur in our homes, and October 6, 1993 3 WHEREAS, the week of October 3-9 commemorates the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings, and WHEREAS, the tragic loss of five young lives in a fire at their local home only a little more than a month ago painfully dramatizes the need to plan ahead to prevent and protect oneself in case of fire, and WHEREAS, the Tompkins County fire service, the Tompkins County Chapter of the American Red Cross, and other concerned local organizations and businesses have joined together through the Tompkins County Fire Prevention Task Force to urge all citizens to act now to protect themselves from the devastating effects of fire, Now, Therefore, I, Benjamin Nichols, Mayor of the City of Ithaca, New York do hereby proclaim the week of October 3-9, 1993, as FIRE PREVENTION WEEK in the City of Ithaca. I call upon all citizens to participate in fire prevention activities at home, work and school; to heed the message: "Get Out, Stay Out Your Fire Safe Response"; and to practice fire safety, not only during this one week, but throughout the year." Mayor Nichols presented the proclamation to Fire Chief Wilbur. Fire Chief Wilbur thanked the Mayor and urged the public to please heed the message of the proclamation. Club for Teenagers Mayor Nichols stated the importance of recognizing the need of the young people in this community to have more recreational facilities which are non-alcoholic and safe. He stated that the owner of the nightclub "Club Semester" has agreed that he will open this facility on a regular basis to high school age youths. The first event will take place on October 10 from 8:00 p.m. `til 12:00 midnight. Business Improvement District Mayor Nichols stated that the Business Improvement District and the Bicycle Plan are both on tonight's agenda. He stated that it is his assumption that the resolution that will be submitted on the Business Improvement District will ask Council not to set up a BID this year. Bicycle Plan Mayor Nichols stated that in regard to the Bicycle Plan, the City will be applying for a grant for funds to do a Bicycle Plan. The Chair of the Planning and Development Committee will request that Council not vote on this tonight, but give the Council the opportunity to vote on it at the Committee of the Whole meeting on October 27 so that the grant proposal can go in before November 1. There will be an opportunity at the Committee of the Whole meeting for the public to speak on the final draft of the Bicycle Plan. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Conservation Advisory Council Commendation for 1992-1993 Ms. Betsy Darlington, Chair of the Conservation Advisory Council, read the following commendation: October 6, 1993 4 "The City of Ithaca Conservation Advisory Council has voted unanimously to award its 1992-1993 commendation to Doria Higgins, President of Citizens to Save Our Parks, for her significant contributions to the continued high quality and vitality of waterfront parks in the City of Ithaca. By drawing public attention to various proposals for changes to the parks, and by being an advocate for sensible park management, her tireless efforts over many years have benefitted all park users and helped ensure the long-term protection of each park's unique character." Ms. Doria Higgins accepted the commendation and thanked the Conservation Advisory Council. She stated that she would also like to accept on behalf of all the individual members of her group, whose work and our joint efforts have been of great help throughout the years. She also thanked all the members of Common Council who listened with open minds and receptively to data and information and sometimes the opinions that the group presented to them. Ms. Higgins stated that parks, especially in Ithaca, are a very precious part of our environment. They contribute to our physical health, they enlarge our sense of joy and freedom and their beauty satisfies not only our aesthetic sense but our emotional and spiritual sense. Concerns Re: Commons and Downtown Area Ms. Jemma Macera, 125 West Green Street, asked Council about annual vs. perennial plantings on the Commons. She asked if something could be done about the fire codes so that there could be more Bed and Breakfast locations in the downtown Ithaca area. She also suggested that a Jazz Festival could be a possibility to bring more people into the downtown shopping area. Support for Resolutions on Tonight's Agenda Mr. Alan Cohen, 302 East State Street, spoke to Council in support of the Police Community Relation Board recommendations on tonight's agenda. He also stated his support of the Council sending a message to Albany in support of the State Constitutional Amendment in favor of level debt service. Mr. Cohen endorsed the concept of the Bicycle Plan for the City. He stated that he feels very strongly about the County's commitment to Total Quality Management and he would hope that members of Council would familiarize themselves with TQM for the future. Bicycle Plan Mr. David Nutter, member of the Bicycle Advisory Council, spoke regarding the proposed Bicycle Plan and bicycle safety. Mr. Neil Schwartzbach, 107 Park Place, spoke in favor of examining the Bicycle Plan further. He felt the plan should be voted on at a later date after it has had more time for comment from the public. Business Improvement District Mr. Kenneth Walker stated that, as Council knows, the protest forms against the creation of the BID are in excess of the 30% level that the Steering Committee established. It is the unanimous recommendation of the Steering Committee that the October 6, 1993 5 Council should not authorize the legislation to create the BID. RESPONSE TO THE PUBLIC: Bicycle Plan Alderperson Schroeder clarified that what the Council will be voting on at the `Committee of the Whole' meeting is an application for federal funds that the City can use to create a City Bicycle Plan. Alderperson Blanchard asked Alderperson Schroeder if he would be submitting the information on that application to the M.P.O. Alderperson Schroeder responded that he does want to have that text available for the Planning and Development Committee and the M.P.O. Total Quality Management Mayor Nichols stated that he believes the goals of Total Quality Management are right, although methods vary depending on the institution. There have been extensive discussions regarding TQM at the staff meetings. Department Heads have gone for training on this matter. The methods and establishment of TQM are things that the City is continuously working on. REPORT OF BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported to the Council on the following: Traffic System Engineer Position - On September 22, 1993 a resolution was passed requesting the creation of a Traffic System Engineer position. It was reviewed by the Budget and Administration Committee and is on tonight's agenda. The Board of Public Works urges the Council to pass the resolution. Friends of the Tompkins County Public Library - The Board granted a request of the Friends of the Tompkins County Public Library to open Allen Street on October 9 thru October 18, 1993 to facilitate the movement of traffic for their annual Book Sale. Night Permits in the Woolworth Parking Lot - The Board passed a resolution authorizing the sale of night permits in the Woolworth Lot. The hours are from 9:00 p.m. until 9:00 a.m. at a cost of $22.00 each with the same terms as the existing permits. There is a limit of twenty-five permits. Commissioner Reeves answered questions from Council members. Board of Fire Commissioners Commissioner Hamilton reported to Council on the following matters: Fire Prevention Week - The Board thanked the Mayor and Council for the Proclamation for Fire Prevention Week. Fire Prevention Task Force - A group has been formed called the Tompkins County Fire Prevention Task Force which is comprised of representatives from the different municipalities that are working not only to promote this particular week but to work in concert to coordinate our educational process so that we can more effectively use our resources. For example, for the month of October, the Tompkins County Restaurant, Hotel and Tavern Association, will be accepting donations at their member establishments, with those proceeds going to the Fire Prevention Task Force, whose account will be established at the American Red Cross. October 6, 1993 6 Fire Department Resolution on Agenda - The Board of Fire Commissioners urges the Council to approve Item 17.5 - Request to Amend Current Fire Chief - Officers' Contract. Fire Fighters Training Program - The Board is studying the feasibility of re-instituting a program that at one time was at TC3, that provided training for fire fighters. CITY CONTROLLER'S REPORT: Traffic Violations Program City Controller Cafferillo reported on the new method of issuing parking tickets and explained how the new laser scanners are used. CITY ATTORNEY'S REPORT: Therm, Inc. City Attorney Guttman reported that in regard to Therm, Inc. we have received from the Attorney General's Office a "Hazardous Substance Release Survey" regarding the Therm property. This has been filed with the City Clerk and is available for inspection. City Attorney Guttman stated that today several persons, including himself, took a walk around the gorge area, with a partner of the firm who is representing Therm. The purpose of the walk was to point out areas in the gorge which were in need of restoration or rehabilitation. He stated that we are working with the attorneys from the Department of Environmental Conservation and the Attorney General's Office to develop a rehabilitation/restoration plan. City Court Matters City Attorney Guttman reported on several City Court matters. Time Warner/ACC City Attorney Guttman reported that a proposed Memorandum of Understanding has been received by his office today. PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 Resolution Concerning the Establishment of the Downtown Ithaca Business Improvement District By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the notice for the public hearing required to be held pursuant to Section 980-e of Article 19-A of the General Municipal Law was published and mailed as required by law and was otherwise sufficient, and WHEREAS, all real property located within the boundaries of the proposed Downtown Ithaca Business Improvement District will benefit from the establishment of the district, and WHEREAS, all the real property benefitted is included within the limits of the proposed district, and WHEREAS, the establishment of the proposed Downtown Ithaca Business Improvement District is in the public interest, and WHEREAS, the City Attorney has determined that less than 51% of the property owners have filed valid objection petitions to the establishment of the proposed district, and WHEREAS, the City Attorney has determined that more than 30% of the property owners have filed valid objections, and October 6, 1993 7 WHEREAS, the City Attorney has determined that more than 30% of the property owners have filed objections to the proposed Business Improvement District, and WHEREAS, because of this the BID Steering Committee has recommended that Common Council not pass the Local Law that would establish the Business Improvement District proposed in the plan filed with the City; now, therefore, be it RESOLVED, That the Common Council determines that: 1. the requirements of Section 980-f(a) 1 - 4 have been satisfied in the affirmative. 2. the establishment of a business improvement district is in the public interest. 3. more than 30% but less than 51% of the property owners have filed valid objections to the proposed Downtown Business Improvement District, and be it further RESOLVED, That, following the recommendation of the BID Steering Committee, the Common Council will not pass a local law establishing the business improvement district proposed in the District Plan filed with the City Clerk on July 27, 1993. Extensive discussion followed on the floor with City Attorney Guttman answering questions from Council members. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That the fifth Whereas clause be changed to read as follows: "WHEREAS, the City Attorney has determined that approximately 150 of 322 affected property owners (46%) have filed valid objection petitions to the establishment of the proposed district, and" A vote on the Amending Resolution resulted as follows: Ayes (9) - Hoffman, Daley, Booth, Blanchard, Romanowski, Golder, Berg, Johnson, Schroeder Nay (1) - Efroymson Carried (9-1) A Vote on the Resolution as Amended resulted as follows: Ayes (9) - Schroeder, Golder, Berg, Blanchard, Hoffman, Efroymson, Booth, Romanowski, Johnson Abstention (1) - Daley Carried (9-0-1) Mr. Ken Walker thanked Herman Sieverding and the members of the BID Steering Committee for all the long hours and hard work that was put forth on behalf of the BID. * 15.2 An Ordinance Amending Chapter 325, Regarding Minimum Height of Buildings a. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, October 6, 1993 8 and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment to Section 325-8(A) (15) entitled "District Regulations" which states "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" 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 Chapter 325, Section 328-8(A) (15). Carried Unanimously * 15.2b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, Planning and Development Committee has recommended an amendment to Chapter, Section 8(A) (15) entitled "District Regulations" exempting building projects of less than 500 square feet building footprint from the minimum 25 foot height requirement, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the City's Short Environmental Assessment Form dated August 27, 1993, and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 15.2c An Ordinance Amending Section 325-8 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Regarding Minimum Height of Buildings By Alderperson Schroeder: Seconded by Alderperson Daley ORDINANCE 93 - An ordinance amending Section 325-8 of Chapter 325 entitled October 6, 1993 9 "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. Ayes (9) - Schroeder, Booth, Romanowski, Berg, Daley, Hoffman, Johnson, Efroymson, Golder Nay (1) - Blanchard Carried (9-1) * 15.3 An Ordinance Amending Chapter 276 and 325, Regarding Redemption Centers a. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment to Sections 276 and 325 to include redemption centers as allowable use in B-2 (and less restrictive) zones either as of right or by Special Permit 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 Chapters 276 and 325. Carried Unanimously *15.3b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, Planning and Development Committee has recommended an amendment to Chapters 276 and 325 entitled "Site Development Plan Review" and "Zoning", respectively, to add redemption centers as allowable use in B-2 (and less restrictive) zones as of right or by Special Permit to the Ordinance, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the October 6, 1993 10 State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the City's Short Environmental Assessment Form dated August 27, 1993 and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 15.3c 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" of the City of Ithaca Municipal Code, Regarding Redemption Centers By Alderperson Schroeder: Seconded by Alderperson Daley Ordinance No. 93 - 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" 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 Section 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 Section 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to 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 Section 325-9 entitled "Special Permits" is hereby amended to add a new section to be known and designated as Section 325-9.(C) (1) (q) to read as follows: "(q) Redemption Centers in B-2 Districts." October 6, 1993 11 SECTION 4. That Section 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 Section 276-2(B) (10) to read as follows: "(10) not withstanding the above, the provisions of this Chapter shall apply, in all cases, to be 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 Section 325-8 entitled "District Regulations" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to 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 * 15.4 An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325, Regarding the Zoning of a Parcel of Land at Franklin and First Streets a. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Berg WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment to Section 325 changing the zoning designation of a parcel of land at Franklin and First Streets from P-1 to B-2a, 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 Chapter 325. Carried Unanimously * 15.4b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Berg WHEREAS, Planning and Development Committee has recommended an amendment to Chapter 325 entitled "Zoning" to allow rezoning of a parcel of land at Franklin and First Streets from P-1 to B-2a, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the City's Short Environmental Assessment Form dated August 27, 1993, and be it further October 6, 1993 12 RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 15.4c 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 Franklin and First Streets in the City of Ithaca By Alderperson Schroeder: Seconded by Alderperson Berg 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 the Ithaca City Charter. Carried Unanimously * 15.5 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 - Call for a Public Hearing By Alderperson Schroeder: Seconded by Alderperson Blanchard BE IT 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 October 6, 1993 13 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, November 3, 1993, 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 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. 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 is 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 82* 30 minutes west 33.66 feet; 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 of 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 293.99 feet 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. Grant Application for Bicycle Planning Alderperson Schroeder requested that the Council, rather than adjourn this meeting, recess this meeting until October 27 so that Council may consider the application before the November 1 October 6, 1993 14 deadline. He explained that the intent is that staff will complete the application and the cover resolution authorizing it in time for the Planning Committee to discuss it and then forward it to the MPO and provide plenty of time for public input. Motion to Recess This Meeting Until October 27, 1993 By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That this Common Council meeting be recessed until the meeting of the Committee of the Whole on October 27, 1993 to discuss and vote on the Grant Application for bicycling planning. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: * 16.1 An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Berg ORDINANCE 93 - An Ordinance amending Chapter 346 entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code. WHEREAS, it is in the interest of the City of Ithaca to provide for the efficient and prompt collection of fines and penalties imposed for parking violations; and WHEREAS, it is also in the interest of the City of Ithaca to insure that its parking regulations are followed. NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. Chapter 346 entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code is amended as follows: That the subdivision of Chapter 346, previously numbered as Chapter 60, of the Municipal Code entitled "Miscellaneous Regulations - Procedure for Other Towing of Vehicles" is hereby amended to read as follows: "D. Except for instances involving property appurtenant to and obviously a part of a one-, two-, or three-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense (in all of which instances no further notice shall be required prior to towing or removal) the Superintendent of Public Works, the Ithaca Police Department and the Ithaca City Clerk shall not otherwise authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified in one (1) of the three (3) following ways: (1) By issuance of a duly authorized traffic ticket for illegal parking. (2) By written notice which shall be posted on the windshield of the vehicle and which sets forth the following information: October 6, 1993 15 (a) That the vehicle is illegally parked, abandoned or in trespass, as the case may be; and (b) That, if the vehicle is not first removed, it shall be towed after four (4) hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle; and (c) The time and date when the notice was posted. (3) Posted signage on the premises meeting the following requirements: (a) The notice must be prominently placed on the premises, and be continuously maintained on the premises for twenty-four (24) hours prior to the towing or removal of any vehicle from the premises. (b) The notice must clearly indicate, in not less than two-inch high letters on a contrasting background that unauthorized vehicles will be towed away at the owner's expense. The notice must state clearly how long, if at all, or under what conditions, a vehicle may park before being towed or removed from the premises. (c) The sign structure must comply with the provisions of Chapter 272, Signs. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under subdivisions B and C above. It is not intended by this removal procedure to deny a private property owner any and all remedies for the removal of trespassing vehicles on his/her private property which may currently exist at law, provided that such removal and subsequent disposition of the vehicle does not involve the City in any way. E. Notwithstanding the above, the following procedures shall apply to the failure to plea or respond to parking violation notices. 1. Whenever a person has been issued a notice of violation for a parking violation and has not responded in the manner described in the notice, the City Court or the Traffic Violations Bureau shall give the owner of the motor vehicle a second notice of the violation by regular first-class mail. 2. The second notice shall include, at a minimum, the following information: (a) That the owner has a period of twenty (20) days from the issuance of the second notice in which to respond to the notice of violation for parking violation. (b) That failure to respond to the notice of violation for parking violation may result in the suspension and/or non-renewal of the owner's registration. (c) That failure to respond to the notice of violation for parking violation may subject the owner to additional penalties. (d) That failure to respond to the notice of violation for a parking violation shall subject the owner to a default judgment and additional penalties. October 6, 1993 16 (e) That submission of a plea of guilty to the parking violation makes the owner liable for the payment of the stated fine, additional penalties and any applicable mandatory surcharges. (f) That failure to respond to the notice of violation for parking violation may subject the owner to the impounding or immobilization of the owner's motor vehicle. (g) That failure to respond to the notice of violation for parking violation may be result in the arrest of the owner upon a warrant issued by the court. (h) That failure to respond to the notice of violation for parking violation may subject the owner to collection fees by an outside agency. 3. Default judgment. Where the City has given notice as provided above, failure to respond to a notice of violation for parking violations within ninety (90) calendar days from the date of violation, shall be deemed an admission of liability and shall, upon following the procedures set forth in § 1806-a. of the Vehicle and Traffic Law of the State of New York, subject the owner to a default judgment being entered thereon in amounts not greater than the amount of the original fine, applicable surcharges, accrued penalties and any other provisions provided in the New York State Vehicle and Traffic Law. 4. Whenever a person has failed to respond to at least five (5) separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by certified mail a notice to the effect that such person has failed to respond to at least five (5) separate notices of violation for separate parking violations and that the owner's vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such certified letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice including administrative overhead. The owner shall have ten (10) days from the date of mailing of such certified letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten day period, and thereafter the vehicle is found unattended, parked upon a street or on any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department giving authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or, it may be immobilized by or under the direction of an officer or designated employee of the Police Department in such a manner as to prevent its operation. (a) No such vehicle shall be immobilized by means other than the use of a devise or mechanism which will cause no damage to the vehicle unless it is moved while the device or mechanism is in place. (b) It shall be the duty of the officer or designated employee of the Police Department immobilizing the vehicle, or under whose direction the vehicle is immobilized, to cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn an individual that the October 6, 1993 17 vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. (c) The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Traffic Violations Bureau concerning all outstanding parking violations against said person and paying the fee for the removal of the immobilization device or mechanism, if applicable, or removal and storage fees. Alternatively, the owner or person entitled to possession of such vehicle may secure the release of the vehicle by posting a bond equal to the amount of the accrued fines, penalties, surcharges, and all removal and storage charges or $1,000.00, whichever is less. (d) Immobilization, towing, and storage fees may be challenged in the City Court Traffic Violations Bureau in the same manner as charges of parking violations are heard and determined. Challenges to such fees must be submitted in person or in writing to the City Court or in writing to the Traffic Violations Bureau within twenty (20) days after the immobilization or towing of a vehicle. Failure to challenge the fees in a timely manner or to appear at a scheduled hearing shall constitute a waiver of the right to challenge such fees and a forfeiture of a bond or fees already paid. F. Liability. The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in Section 239, Paragraph 2., Subdivisions b. or e. of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him or her from the operator. G. Number of public auctions. The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three (3) times per year at intervals of approximately four (4) months. SECTION 2. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Hoffman and City Attorney Guttman explained the Ordinance. A vote on the Ordinance resulted as follows: Carried Unanimously 16.2 An Ordinance Amending Chapter 164 Entitled "Dogs and Other Animals" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Berg ORDINANCE NO. 93 -- An Ordinance Amending Chapter 164 Entitled "Dogs and Other Animals" 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: October 6, 1993 18 SECTION 1. That Section 164-9(C) entitled Prohibited Acts of Article III entitled "Dogs" of Chapter 164 entitled "Dogs or Other Animals" is hereby amended to read as follows: "C. Causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog), urinates or otherwise commits a nuisance on public or private property other than on the premises of the person owning or harboring such dog. SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Hoffman explained the Ordinance. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Berg RESOLVED, That the word "urinates" be stricken from the Ordinance. Extensive discussion followed on the floor. City Attorney Guttman stated, for clarification, that the minutes shall reflect that it is the legislative intent that repeated urination is to be considered as committing a nuisance. A vote on the amending resolution resulted as follows: Ayes (9) - Hoffman, Berg, Blanchard, Daley, Johnson, Golder, Romanowski, Efroymson, Schroeder Nay (1) - Booth Carried (9-0) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 16.3 An Ordinance Amending Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code to Add a New Sub-paragraph (C) to Section 325-23.B (1) Entitled "Yard Maintenance" By Alderperson Hoffman: Seconded by Alderperson Daley ORDINANCE 93 --- 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 October 6, 1993 19 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. 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. Carried Unanimously * 16.4 A Local Law Amending Section C-17 of the City of Ithaca Charter Entitled "Police Department" By Alderperson Hoffman: Seconded by Alderperson Romanowski Local Law No.________ of the Year 1993 City of Ithaca A local law amending Section C-17 of the Ithaca City Charter entitled "Police Department" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Section C-17.A.(2) is hereby amended to read as follows: "(2) The Chief of Police, staff officers and police officers shall severally possess the powers and authority provided in the Criminal Procedure Law and under all other applicable statutes of this state, other than in civil actions or proceedings. They shall also perform such duties as shall be prescribed by the Charter and the Police Commissioners for the preservation of the public peace, the care of the City property, and the enforcement of the police regulations and municipal ordinances of the City. The Chief of Police shall have the authority to designate persons employed by the police department other than police officers who will have the authority to regulate traffic." SECTION 2. This local law shall take effect immediately after filing in the officer of the Secretary of State. Carried Unanimously * 16.5 A Local Law Amending Chapter 4 of the City of Ithaca Municipal Code Entitled "Administration of Government" By Alderperson Hoffman: Seconded by Alderperson Romanowski Local Law No. ______ of the year 1993 City of Ithaca October 6, 1993 20 A local law amending Chapter 4 entitled "Administration of Government" 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 a new section to be known and designated as Section 4-27 entitled "Creation of Vacancies" is hereby added to said chapter to read as follows: "Section 4-27. When any member of a Board, Commission, Committee, Council or Agency, holding office by appointment of the Mayor, fails to attend three regularly scheduled meetings of such Board, Commission, Committee, Council or Agency in any calendar year, unless such absence is for good cause, the office may be deemed vacant for purposes of nomination and appointment of a successor. If such member fails to attend three such regularly scheduled meetings in a calendar year, the Chairperson (or if the Chairperson fails to so attend such meetings, any member of the Board, Commission, Committee, Council or Agency) shall so inform the member and the Mayor. The Mayor shall write the member requesting either an explanation of the reasons for the member's non-attendance or a letter of resignation. If the member does not respond to the Mayor within 20 days of the Mayor's letter to the member, with an adequate explanation for his or her absences and assurances of ability to attend future meetings on a regular basis, it shall be deemed that the office is vacant for purposes of nomination and appointment of his or her successor. If such member responds to the Mayor with an adequate explanation of the reasons for his or her absences and assurances of ability to attend future meetings on a regular basis, no further action will be taken. SECTION 2. All subsequent sections of Chapter 4 entitled "Administration of Government" shall be renumbered accordingly. SECTION 3. This local law shall take effect immediately after filing in the office of the Secretary of State. Carried Unanimously * 16.6 A Local Law Amending Chapter 181 of the City of Ithaca Municipal Code Entitled "Fire Prevention" By Alderperson Hoffman: Seconded by Alderperson Efroymson Local Law No._____ of the Year 1993 City of Ithaca A Local Law amending Chapter 181 entitled "Fire Prevention" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. Chapter 181 entitled "Fire Prevention" of the City of Ithaca Municipal code is amended as follows: That a new subdivision to be known and designated as Subdivision C of Section 181-7 entitled "Code Enforcement Officials; Inspectors" to follow subdivision B is hereby added to said chapter to read as follows: October 6, 1993 21 "C. Appearance tickets. The Chief of the Fire Department and/or the Chief's designees shall have the authority, as provided by Municipal Home Rule Law Section 10(4)(a) to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law to enforce any statute, local law, ordinance, rule or regulation relating to fire prevention and/or safety." SECTION 2. Effective date. This Local Law shall take effect immediately after filing with the office of the Secretary of State. Carried Unanimously RECESS Common Council recessed at 9:00 p.m. and reconvened in regular session at 9:05 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Police Department - Request to Authorize Application for Federal Grant By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, the Mayor and Common Council of the City of Ithaca, are interested in promoting effective crime-fighting partnerships between the Ithaca Police Department and the citizens of Ithaca, and WHEREAS, since November 1991, the Mayor and Common Council have supported the Ithaca Police Chief in his efforts to promote such partnerships by implementing a pilot Community Policing Program in the City of Ithaca, and WHEREAS, there is evidence that the pilot Community Policing Program, commonly referred to in Ithaca as the Neighborhood Oriented Policing Program, has been successful in obtaining unprecedented citizen support and involvement in crime prevention efforts in the targeted pilot area, and WHEREAS, the City of Ithaca would like to continue and expand its Community Policing Program, with the only impediment to the continuation and expansion of such a Community Policing Program being the problem of fiscal constraints currently faced by the City, and WHEREAS, United States Attorney General Janet Reno has announced the Police Hiring Supplement Program to assist law enforcement agencies in hiring additional sworn law enforcement officers to expand community policing to "prevent crime, promote problem- solving, and enhance public safety", and WHEREAS, this Federal Program would provide up to 75% funding, with a maximum of $75,000 for the next three years, including salary and fringe benefits, for each officer hired through this program, and the City would pay the remaining 25% cost, and WHEREAS, the Mayor and Police Chief are recommending that three police officers be hired through this program, with an estimated budget of $349,755 for three years, with a Federal share of $225,000 and a City share of $124,755; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, does hereby authorize Police Chief Harlin R. McEwen to submit an application to the Department of Justice's Police Hiring October 6, 1993 22 Supplement Program for a grant in the amount of $225,000 to partially fund three new police officer positions in the Ithaca Police Department which will enable the City of Ithaca to enhance its Community Policing efforts; and be it further RESOLVED, That the Common Council of the City of Ithaca hereby expresses its intention to continue this Community Policing Program after the completion of the three year grant period. Alderperson Schroeder out of room at time of vote. Carried (9-0) * 17.2 Police Department - Request to Amend 1993 Authorized Personnel Roster By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the Police Department has recommended that the City hire a Community Service Officer to assist with routine traffic, records and communication activities without arrest powers, and WHEREAS, once this person is hired and trained, it will allow a fully-trained police officer, currently being used largely for non-enforcement traffic detail, to perform traffic enforcement activity; now, therefore, be it RESOLVED, That the 1993 Police Department Personnel Roster be amended by the creation of the following position: Add: (1) One Community Service Officer and be it further RESOLVED, That the position shall be assigned to the C.S.E.A. Administrative Unit with an annual salary range of $13,358 - $16,902, that being Grade 7 on the 1992 C.S.E.A. Administrative Unit compensation plan, and be it further RESOLVED, That the job description for said position is hereby approved. Alderperson Schroeder out of room at time of vote. Carried (9-0) * 17.3 Police Department - Request to Release Contingency Funds for Community Service Officer By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the 1993 Budget included $20,500 in the restricted contingency account to fund a traffic enforcement officer for six months, and WHEREAS, the Police Department has recommended an alternative to a traffic enforcement officer by use of a Community Service Officer to assist with traffic duties; now, therefore, be it RESOLVED, That $1,875 be released from the restricted contingency account A-1990 and transferred to Account A-3120-110 Police Department Staff to fund a Community Service Officer for a month- and-a-half in 1993, and be it further RESOLVED, That the salary for 1994 for said position will be allocated in the 1994 Budget with funds being derived from the restricted contingency account in the 1993 budget. Carried Unanimously * 17.4 Finance Department - Request to Transfer Funds to October 6, 1993 23 Establish SPCA/City Dog Enumeration Program By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City, in conjunction with the Tompkins County SPCA will attempt to perform a complete dog enumeration for the City of Ithaca, and WHEREAS, the program will consist of hiring contract agents to perform counting, training agents, managing agents, sending notices and writing tickets, and WHEREAS, it has been estimated that the cost for said dog enumeration program will cost $5,000, and it has been estimated that the dog enumeration program will increase City revenues by $5,000; now, therefore, be it RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A1315-435 Finance Department Contracts to fund a dog enumeration program. Ayes (9) - Booth, Johnson, Efroymson, Blanchard, Berg, Golder, Romanowski, Hoffman, Schroeder Nay (1) - Daley Carried (9-0) * 17.5 Fire Department - Request to Amend Current Fire Chief - Officers' Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Fire Department has recommended amendments to the current contract between the City of Ithaca and the Chief Officers' for the Fire Department to modify language with regards to hours of work, call in, call back, holdover, Kelly Time, vacation allowance, and float officer as follows: CONTRACT DATED: January 1, 1991 - December 31, 1993 All modifications would "sunset" when the current contract expires. P. Hours of Work - add the following The Assistant Chief assigned as the Municipal Training Officer shall work a nominal forty (40) hour work week. The actual scheduled hours shall be dependent upon training classes, needs and other factors. The actual scheduled hours shall be mutually agreed upon between the MTO and Fire Chief or the Fire Chief's designee. 5. Call In, Call Back, Holdover - add the following The Assistant Chief assigned as the Municipal Training Officer shall be available for Call In when said Call In will not require the MTO to work in excess of thirty-eight (38) straight hours of work. The Call In shall be outside of the MTO's regularly scheduled hours of work. The MTO shall be part of the regular Assistant Chief's Call In list. 6. Kelly Time - add the following The Assistant Chief assigned as the MTO shall not be eligible for Kelly Time. October 6, 1993 24 Q. Vacation Allowance - add the following The Assistant Chief assigned as the Municipal Training Officer shall be entitled to take vacation leave in any combination of whole day increments that the employee desires. Z. Float Officer Upon the permanent assignment of the current Float Officer to one (1) shift and the MTO being relieved of permanent shift coverage, this clause shall become null and void for the duration of this agreement. WHEREAS, the aforementioned proposed amendments have been approved by the Chief Officers'; now, therefore, be it RESOLVED, That the aforementioned proposed amendments be made to the existing contract between the City of Ithaca and the Chief Officers' of the Fire Department. Carried Unanimously * 17.6 Personnel - Request to Establish Policy of Filling Vacancies on a Temporary Basis By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Personnel Department has recommended a policy be established and approved relating to the filling of vacancies on a temporary basis; now, therefore, be it RESOLVED, That the policy on the filling of vacancies on a temporary basis by City departments be hereby established as follows: Temporary Vacancies Each department head shall have the authority to fill a temporary vacancy in his/her department through the use of out-of-title assignments or temporary agencies, in the following situations: 1. When a permanent employee is temporarily absent from his/her job, but is expected to return (i.e. extended illness, leave of absence, etc), a department head may fill the position through temporary means for the duration of the absence. 2. When a position has become vacant due to a disciplinary termination and an arbitration proceeding is pending, the department head may elect to fill the position through temporary means until the arbitration proceeding is resolved. Permanent Vacancies In the event that a position becomes permanently vacant, and the department head believes that the position must be filled immediately, the department head may temporarily fill the position through the use of out-of-title assignments or temporary agencies, subject to the following: 1. The department head must submit a request to fill the position permanently to the Vacancy Review Committee October 6, 1993 25 within thirty (30) days of the occurrence of the vacancy. 2. If the Vacancy Review Committee authorizes the department head to fill the vacancy, the department head may continue to fill the position through temporary means for up to six (6) months of the original date of the vacancy, while recruitment for a permanent replacement is underway. 3. If recruitment difficulties delay the permanent filling of the vacancy beyond six months, the department head must receive approval from the Vacancy Review Committee to extend the use of out-of-title assignments or temporary agencies. 4. All out-of-title appointments and the use of temporary agencies must be reported to the Personnel Administrator. If the position involved is represented by a union, the Personnel Administrator shall notify the Union President that the position is being filled through temporary means. 5. Should the Vacancy Review Committee deny approval to fill a position permanently, the use of out-of-title assignments or temporary agencies in lieu of filling said position shall be prohibited. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 17.7 Request to Support Promotional Opportunities for City Employees By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That it shall be the policy of the City of Ithaca to support and encourage the filling of City positions through the promotion of internal candidates whenever possible, and be it further RESOLVED, That when reviewing requests to fill positions, the Vacancy Review Committee shall require each department head to review and evaluate potential promotional fields of candidates, prior to filling a position on an open recruitment basis. Carried Unanimously * 17.8 Personnel - Request to Approve Fringe Benefits for Managerial Personnel By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the fringe benefits provided to managerial personnel not covered by a bargaining unit have been set as follows by numerous City decision of a period of years: 1. Vacation: Annual vacation shall be granted as follows: Two (2) weeks after one (1) year of service. Three (3) weeks after two (2) years of service. Four (4) weeks after seven (7) years of service. Five (5) weeks after twenty (20) years of service. October 6, 1993 26 Vacation leave shall accrue on January 1st of each calendar year. For the purpose of this Section, an employee's seniority date shall be considered to be January 1st of the year of hire; provided, however, that for all new employees, vacation credited in the first January following employment shall be a pro-rated amount in accordance with the following schedule: Date of Hire Vacation Allowance Jan 1 - Mar 15 10 days Mar 16 - May 31 8 days Jun 1 - Aug 15 6 days Aug 16 - Oct 31 4 days Nov 1 - Dec 31 2 days An employee may elect to receive cash payment for up to two (2) weeks of accumulated vacation time, in December of any calendar year. 2. Holidays: Holiday leave shall be as follows: January 1st Labor Day Martin Luther King Day Columbus Day Lincoln's Birthday Veteran's Day Washington's Birthday Thanksgiving Memorial Day Christmas Independence Day Two (2) Floating Holidays Whenever any of these holidays falls on a Saturday, the preceding Friday shall be considered the holiday. If on Sunday, the following Monday shall be considered the holiday. 3. Sick Leave: Sick leave shall accumulate at the rate of one (1) day per month. There shall be unlimited accumulation of sick leave. 4.Sick Leave Bank: In the event that a management level employee is absent from work due to prolonged illness which has exhausted that employee's leave credits, fellow management employees may voluntarily donate earned sick leave time to the affected employee up to a maximum of five (5) days per donating employee per year. Donated sick leave days shall be deducted from the earned sick leave time of the donating employee. 5. Sick Leave Buyout: Upon an employee's retirement, the employee shall be compensated for unused sick leave as follows: a. The employee may elect to receive a cash settlement for unused sick leave not to exceed $9,000. The employee may elect to have the above cash settlement paid weekly as regular salary during his/her last six months of employment; provided, however, that no such settlement shall be paid October 6, 1993 27 until after the employee has submitted a letter of commitment which specifies the date of retirement. If the employee elects to receive the above cash settlement and has accumulated sick leave credit in excess of the above amount, the remaining sick leave, computed at the employee's current rate of pay, may be applied toward the payment of extended health and/or dental insurance coverage until exhausted. b. The employee may elect to waive the cash settlement described in (a) above, and apply all of his/her accumulated sick leave toward extended health and/or dental insurance coverage. If the cash settlement is waived, extended health and dental insurance coverage shall be provided at the rate of one (1) month of insurance for each twelve (12) hours of accumulated sick leave. In the event of an employee's death prior to his/her retirement, or if retired, prior to the exhaustion of remaining accumulated funds, such monies due the employee shall be applied toward the purchase of health insurance for her/her surviving dependents, if any. Upon the exhaustion of the above credits in (a) and (b) above, the City will no longer extend health insurance coverage to retirees and dependents except by direct full payment to the City by the retiree at the appropriate rate available as determined by the City. 6. Personal Leave: All employees shall receive three (3) personal leave days each calendar year. Personal leave shall be granted to allow the employee to conduct personal and/or family business which otherwise falls on a workday. Unused personal leave shall be credited annually on December 31st to accumulated sick leave. Once unused personal leave is credited to accumulated sick leave, it may not be used for personal leave, but may be used as accumulated sick leave would be used. 7. Bereavement Leave: In the event of death in the immediate family of the employee or family of the employee's spouse or domestic partner, such employee shall be allowed a leave of absence with pay to a maximum of three (3) days. The Mayor may grant additional time as needed. The immediate family is defined as: the spouse or domestic partner, parent, grandparent, child, grandchild, brother or sister of the employee or the parent, grandparent, child, grandchild, brother or sister of the spouse or domestic partner. It shall apply also to any other relative living in the same household. 8. Parenting Leave: Pursuant to Section C-109(B)(3) of the City Charter, any employee taking a parenting leave shall be entitled to use up to eight (8) weeks of accumulated sick leave without providing a doctor's certificate. Parenting leaves shall be available to both male and female October 6, 1993 28 employees and shall be available only in the case of childbirth or adoption. Employees may use additional sick time at the end of the eight (8) week period for parenting leave upon presentation of a doctor's certificate attesting to the necessity for such continued leave from employment. 9. Jury Duty: An employee shall be granted a leave of absence, with pay, at no loss to accrued leave, to serve jury duty or to appear as a witness pursuant to subpoena, or other order of the court upon presentation to the City of proof thereof. Any compensation received from the court except expense reimbursement, shall be returned to the City. 10. Work Schedule: The City recognizes the need to provide a certain degree of flexibility in the work schedules of managerial employees to accommodate for work performed during non- traditional work hours. 11. Health & Dental Insurance: The City agrees to pay one hundred percent (100%) of the cost of the health insurance and dental insurance programs. 12.Retirement: The City shall provide membership in the New York State Employees' Retirement System with benefits as described in the "Improved Non-Contributor Plan" (Section 75-i). In addition, the City shall provide Section 384d benefits for members of the uniformed services, including Section 302(9)(D) for Tier 1 members. 13. Day Care: The City shall continue to provide the established Day Care Assistance Program (Cash Subsidy Program, Flexible Spending Account and Flexible Work Schedule) according to the program and procedures adopted by the Ithaca Common Council. 14. Educational Assistance: The City of Ithaca agrees to pay the tuition for education courses, including technical and trade schools, up to a maximum cost of $200 per course. Such assistance shall be limited to courses which are related to an employee's position and which will further development in the performance of his/her duties. Assistance is to be limited to four (4) courses per year, with a career limit of twenty (20) courses. 15. Mileage Reimbursement: Employees who are required to use their personal automotive vehicle in the conduct of official business shall be reimbursed at the prevailing IRS rate. NOW, THEREFORE, BE IT October 6, 1993 29 RESOLVED, That the fringe benefits granted to managerial personnel not covered by a bargaining unit are hereby established in accord with items #1 - #15 previously stated. Discussion followed on the floor. Motion to Table By Alderperson Efroymson: Seconded by Alderperson Golder RESOLVED, That the resolution concerning a request to approve fringe benefits for Managerial Personnel be tabled for one month. Carried Unanimously * 17.9 DPW - Request to Sell State Street Bricks By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the City Landmarks Preservation Commission has issued to Tsvi Bokaer a certificate of appropriateness for the use of historical used bricks belonging to the City to construct a walkway in front of his business at 413 West State Street; now, therefore, be it RESOLVED, That Common Council approves and authorizes the Superintendent of Public Works to sign the agreement between the City and Tsvi Bokaer for the sale of said bricks. Carried Unanimously * 17.10 DPW - Request to Amend 1993 Authorized Personnel Roster By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the Board of Public Works has reviewed and recommended that the position of Traffic Systems Engineer be created and that this position replace the Traffic Engineer position currently part of the Department of Public Works' Personnel Roster; now, therefore, be it RESOLVED, That the 1993 DPW Personnel Roster be amended by the following: Add: (1) One Traffic Systems Engineer Delete: (1) One Traffic Engineer and be it further RESOLVED, That the Traffic Systems Engineer shall be assigned to the Executive Unit with an annual salary range of $32,244 - $40,702, that being Grade 2 on the 1993 Executive Union plan, and be it further RESOLVED, That the Traffic Systems Engineer position will be funded from the existing appropriation for the position of Traffic Engineer, and be it further RESOLVED, That the Department of Public Works is hereby authorized to fill the position of Traffic Systems Engineer. Carried Unanimously * 17.11 DPW - Request to Transfer Funds to Cover Snow Removal Costs By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Blizzard of 1993 depleted many of the accounts in the DPW Snow Removal budget, and WHEREAS, the snow removal accounts should be replenished prior to the upcoming winter months for the remainder of 1993; now, therefore, be it October 6, 1993 30 RESOLVED, That the 1993 Budget be amended as follows: Transfer from Appropriation Accounts: A5010-110 Street Administration Staff $18,000 A3312-125 Traffic Control Overtime 1,500 A5010-125 Street Administration Overtime 200 A5113-125 Surface Treatment Overtime 2,000 A5654-125 Dryden Rd. Garage Overtime 500 A8141-125 Storm Sewers Overtime 1,000 A8170-125 Street Cleaning Overtime 500 A8745-125 Flood Control Overtime 1,500 A5111-470 Highways Rental 5,000 A5111-477 Highways Equipment Parts 2,582 A5113-483 Surface Treatment Const. Supplies 13,000 A-1990 Unrestricted Contingency 7,000 $52,782 Transfer to Appropriation Accounts: A5142-125 Snow Removal Overtime $32,200 A5142-470 Snow Removal Rental 10,582 A5142-484 Snow Removal Salt & Sand 10,000 $52,782 Increase Revenue Account: A-4589 Federal Aid $7,000 Carried Unanimously * 17.12 Finance Department - Chamberlain - Request to Authorize Chamberlain to Purchase Liens at 1993 City Tax Sale By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That pursuant to the Ithaca City Charter, the City Chamberlain is hereby authorized and directed on behalf of the City of Ithaca to purchase all liens at the 1993 City Tax Sale, without competitive bidding, for the gross amount due. Carried Unanimously * 17.13 Finance Department - Controller - Request to Support State Constitutional Amendments By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, two "Blue Ribbon Commissions" have been empaneled, one by the Governor and one by the State Comptroller, in the interest of studying existing constitutional restrictions on the issuance of local governmental debt and making recommendations, and WHEREAS, both commissions proposed two constitutional amendments: the first would amend various provisions of Article 8, Section 2 of the State Constitution to provide, as an alternative to the so- called 50% rule method of amortizing principal of indebtedness, a level debt service method of amortizing both principal and interest on indebtedness; and the second would amend the State Constitution to extend, for another ten-year period, the exclusion of sanitary sewer debt from the constitutional debt limitation of local government, and WHEREAS, both proposed constitutional amendments have passed the last two separately-elected State Legislatures, and now must be approved by the voters of the State of New York this November 2, 1993, and WHEREAS, the passage of the two proposed constitutional amendments disclosed herein would provide local governments with the authority to determine the most affordable and cost-effective October 6, 1993 31 manner of financing capital improvements on behalf of their specific constituencies in each instance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby endorses, and recommends approval of both of the aforementioned proposed constitutional amendments, in the interest of providing local governments with the home-rule authority to contract indebtedness more effectively for future capital improvement requirements. Carried Unanimously * 17.14 Appointment of Assistant Superintendent of Public Works for Water and Sewer By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Lawrence P. Fabbroni is provisionally appointed to the position of Assistant Superintendent of Public Works (Water and Sewer) at an annual salary of $59,900 with the reinstatement of employment benefits as outlined in the Superintendent's letter of September 29, 1993 starting on or about November 15, 1993. Carried Unanimously HUMAN SERVICES COMMITTEE: * 18.1 A Local Law Amending Section C-16 of the City of Ithaca Charter Entitled "Community Police Board" By Alderperson Johnson: Seconded by Alderperson Efroymson LOCAL LAW NO. ____ OF THE YEAR 1993 CITY OF ITHACA A LOCAL LAW AMENDING SECTION C-16 ENTITLED "COMMUNITY POLICE BOARD" OF THE ITHACA CITY CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Amending Section C-16 of the Ithaca City Charter Section C-16 entitled "Community Police Board" is hereby amended to read as follows: "C-16 COMMUNITY POLICE BOARD A. The Mayor shall appoint a Community Police Board, subject to the approval of the Common Council. The Commissioners shall be chosen from a range of culturally and economically diverse community groups with consideration given to the effect each appointment will have on the diversity of representation, including geographic representation, on the Board. The Community Police Board shall consist of seven (7) Commissioners. The term of office of each Commissioner shall be three (3) years, commencing on the first day of January. No more than three Commissioners shall be appointed in any one (1) year. The terms of the existing Commissioners shall continue unchanged. No elected city official shall be a member of the Community Police Board. A Commissioner shall hold office until his/her successor shall have been chosen and qualified. A vacancy for an unexpired or newly created term shall be filled in the manner set forth in this Charter, except that the limitation on the number of appointments per year, the term of office and the term's starting date shall not apply. All Commissioners shall have been a resident of the City of Ithaca for at least two (2) years immediately preceding their appointment. All Commissioners shall serve without salary. B. The Community Police Board may recommend rules, by-laws, and October 6, 1993 32 regulations for the government of the Police Department of the city, not inconsistent with the laws of the State, which may be promulgated through the Chief of Police to the whole force. The Chief of Police shall have the immediate direction and control of the of the police in the administration of the rules, by-laws and regulations of the Department. C. The Community Police Board shall act as community liaison to the Police Department, actively fostering positive communication between police and all segments of the community. It shall make provisions for resolving complaints by the citizenry related to the delivery of police services. Using established procedures, the Board may recommend action against any member of the Police Department. It shall make recommendations, on its own initiative or at the request of the Mayor, the Common Council or the Police Chief, on any matter affecting the policy or performance of the Police Department, including financing and budget. It shall perform such other related duties requested by the Mayor or Common Council. D. At its first meeting in January of each year, the members of the Community Police Board shall organize as a board by electing one (1) of its members as Chairperson. The Community Police Board shall hold such stated and special meetings at such time and place as it may determine, but at least once in each month. E. The Board shall give written annual reports to the Mayor and the Common Council regarding its activities and the changes it has sought and achieved." SECTION 2. Effective Date. This Local Law shall take effect immediately after filing in the office of the Secretary of State. Discussion followed on the floor. A vote on the Local Law resulted as follows: Carried Unanimously Community Service Funding Alderperson Johnson reported on the action that the Human Services Committee took regarding the requests for Community Service funding. INTERGOVERNMENTAL RELATIONS COMMITTEE: Reimbursement Plan for Solid Waste Recycling Center Alderperson Blanchard stated that when we negotiated an agreement with the County on the continuation of their permitting process for the Central Processing Facility (now called the Solid Waste and Recycling Center), part of the written agreement was that the Neighborhood Advisory Committee would develop a property value and income stabilization program for the properties that might be affected by the location of the Solid Waste Recycling Center on Commercial Avenue. A final draft was adopted at the last meeting of the committee and that has been submitted to the County Solid Waste Committee for its consideration. She stated that according to the agreement that we have with the County, that agreement needs to be adopted by the Common Council as well as by the County Board. Alderperson Blanchard stated that we need to start that agreement through our committee process and the suggestion has been that it October 6, 1993 33 might be discussed at the Planning and Development Committee. Motion to Refer to Committee By Alderperson Blanchard: Seconded by Alderperson Booth RESOLVED, That the agreement regarding the Property Values Compensation Program be referred to the Planning and Development Committee for their consideration. Carried Unanimously NEW BUSINESS: Approval of Contract Between the City and Timewarner/ACC By Alderperson Romanowski: Seconded by Alderperson Berg WHEREAS, the City of Ithaca entered into a Franchise Agreement effective January 20, 1988 with American Television and Communication Corporation, d/b/a/ American Community Cablevision, and WHEREAS, disagreements have arisen between the City and the Franchisee concerning the interpretation of certain terms of the Franchise Agreement, and WHEREAS, negotiations and discussions have taken place between the parties in an attempt to settle those disagreements and clarify the terms of the Franchise Agreement, and WHEREAS, the result of those extensive negotiations has been incorporated in a Memorandum of Understanding; now, therefore, be it RESOLVED, that the Mayor is hereby authorized to execute, on behalf of the City of Ithaca, the Memorandum of Understanding between the City of Ithaca and American Television and Communications Corporations, and its parent corporation Timewarner Entertainment Company, L.P. Carried Unanimously RECESS MEETING On a motion the meeting was recessed at 10:00 p.m. until 7:30 p.m. on October 27, 1993 at which time the application for the Bicycle Planning Grant will be discussed and voted on. Continuation of the Meeting of October 6, 1993 The meeting was called to order at 7:30 p.m. on October 27, 1993 PRESENT: Mayor Nichols Alderpersons (9) - Romanowski, Johnson, Berg, Efroymson, Golder, Schroeder, Booth, Hoffman, Daley ABSENT: Alderperson Blanchard (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Planning and Development Deputy Director - Sieverding City Planner - Meigs Grant Application for Funding Assistance to Prepare and Partially Implement a Finalized Bicycle Plan for the City of Ithaca October 6, 1993 34 By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, it is in the interest of the City of Ithaca, as expressed in official policy, to encourage the use of bicycles for transportation and recreation, and WHEREAS, several bicycle plans have been prepared for the City of Ithaca over time, and WHEREAS, most recently the City's Bicycle Advisory Council has proposed a preliminary bicycle plan which identifies four major areas of emphasis (infrastructure, education, legislation and enforcement) in furthering this policy, and WHEREAS, public response to the latest proposed plan has demonstrated the need for greater specificity and thorough evaluation of plan elements, including broad public participation in plan review and modification as necessary, before a detailed final plan is incorporated as an element of the City's Comprehensive Plan, and WHEREAS, the Board of Planning and Development has begun this process, and WHEREAS, assistance for completion and partial implementation of a final bicycle plan is available through the Transportation Enhancement Program of the federal Intermodal Surface Transportation Efficiency Act of 1991; now, therefore be it RESOLVED, That this Common Council supports the submission of a Transportation Enhancement Program grant application for funding assistance in the preparation and partial implementation of a detailed, finalized bicycle plan for the City of Ithaca, and be it further RESOLVED, That Common Council authorizes the use of the $20,000 in Capital Project 267 as the City's 20 percent matching share should this grant application be approved. Alderperson Schroeder explained the proposed application and discussion followed on the floor with suggestions from Alderpersons for improving the language in Attachment C of the application. A Copy of the application is on file in the City Clerk's Office. HEARINGS OF PERSONS BEFORE COUNCIL: The following persons spoke to Council in regard to a Bicycle Plan for the City: Tracy Farrell David Kay David Nutter Amending Resolution By Alderperson Golder: Seconded by Alderperson Berg RESOLVED, That on Attachment C of the application, under #2, add the words "such elements as" after the word "include", and under 2a.1), the wording shall be as follows: "1) street pavement striping ($7,000) approximately 3 mile bike lane approximately 2.5 mile centerline approximately 3 crosswalks" and under 2a.2) the wording shall be as follows: October 6, 1993 35 "2) signage ($19,000) approximately 75 bikeway approximately 35 motorist warning approximately 225 parking" and under 2b, the wording shall be as follows: "b. cyclist facilities "1 stationary racks- approximately 60 sites, 3 each ($21,500) 2. bike lockers - approximately 2 sites, 4 each ($ 5,000) 3. bike-on-bus carriers ($ 2,000) A vote on the amendment resulted as follows: Ayes (7) - Schroeder, Booth, Johnson, Berg, Efroymson, Hoffman, Golder Nays (2) - Romanowski, Daley Absent (1) - Blanchard Carried (7-2-1) Main Motion A vote on the main motion resulted as follows: Ayes (8) - Schroeder, Booth, Johnson, Berg, Efroymson, Golder, Hoffman, Daley Nay (1) - Romanowski Absent (1) - Blanchard Carried (8-1-1) ADJOURNMENT: On a motion the meeting adjourned at 8:15 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor