HomeMy WebLinkAboutMN-CC-1993-11-03 November 3, 1993
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. November 3, 1993
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Johnson, Hoffman, Berg,
Booth, Efroymson, Golder, Schroeder, Daley
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
Superintendent of Public Works - Gray
Building Commissioner - Eckstrom
Police Chief - McEwen
Fire Chief - Wilbur
Planning and Development Director - Van Cort
Personnel Administrator - Saul
City Controller - Cafferillo
Youth Bureau Director - Cohen
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the October 6, 1993 Common Council Meeting
By Alderperson Johnson: Seconded by Alderperson Golder
RESOLVED, That approval of the Minutes of the October 6, 1993
Common Council meeting be postponed until the meeting of December
1, 1993.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of Item #15.12, a
resolution to refer the Mayor's Budget to the Budget and
Administration Committee for its review and action.
To Council member objected.
Human Services Committee
Alderperson Johnson requested the addition of a report regarding
the County Human Services Committee to review the consolidated
funding for Human Services.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Mayor's Budget Message
Mayor Nichols read the following budget message into the record:
"The budget that we are presenting for 1994 includes many changes
from previous budgets. Some of them are the result of the
agreement that was reached with the County on the division of the
additional one percent sales tax. Others are the result of shifts
that we are making in the relation between the Streets and
Facilities budget and the Water and Sewer budgets to provide for
dedicated crews to open and close streets to renovate our water
and sewer lines. Still others involve the shift from the Public
Works budget to the Police, Youth Bureau and GIAC budgets to
include in those budgets the costs of utilities and custodial
service. This represents the beginning of the move toward program
budgeting that will come into fuller force next year.
We are also glad to note that this year we will be shifting back
to the operations budget from capital projects the purchase of all
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new vehicles (except for a $150,000 paver) and about half the
program for major street projects.
It should be noted that in comparing the amounts for each
department, some of which involve possible raises for employees
covered by contracts that have not yet been signed, the money that
will be needed to pay for those raises is included in our
contingency allocation.
In the area of public safety, the budgets for the Fire and Police
Departments have been increased significantly.
We are contemplating major upgrades in our sewer collection and
water systems in the coming year. In the main the funds for these
improvements have already been set aside in reserve funds
allocated in previous years.
This budget includes increases in the funding of human service
agencies and community services--a portion of which will come
directly from County funding. We are including an increase in the
support for the Southside Center and are setting aside $10,000 to
cover the costs of implementing the recommendations of the Task
Force on Community-Police relations for a lay advocate program.
The goal in establishing the 1994 budget was to provide for a
balanced budget with no (zero) increase in the property-tax rate.
We have met that goal, but it has not been easy. Unfortunately
the sales-tax income for the past year has not met our
expectations, resulting in part, from negative prior period
adjustments and further from sluggish sales. We have therefore
been cautious in establishing our estimate for 1994. We must
continue in our
policy of reducing the number of our employees, without layoffs,
by increasing the efficiency of our work force in all our
departments. We are pleased to note the cooperation that we have
been receiving from all department heads in this effort.
To balance the Solid Waste budget will require an increase in the
fee for trash tags. The County has raised its tipping fees by
10.5 percent. We recommend an increase in the cost of full tags
from $3 to $3.25 (8.3 percent) and in the half tags from $1.85 to
$2 (9.2 percent). To balance the Solid-Waste budget will also
require a reduction in the cost of our recycling program. The fee
for garbage pickup to City residents will remain less than that of
all other County residents.
The Water and Sewer rates in the City have been constant for two
years. We recommend an increase of 5 percent in the Water Rate
and 5 percent in the Sewer Rate. This increase is less than the
increase in the rate of inflation for the past two years.
We believe that this is a sound budget. In some cases it will
require a change in the way services are provided, but we believe
that it provides for the basic needs of the City in all areas.
The fact that this City in difficult economic times is able to
avoid an increase in the property-tax rate should be an
encouragement to businesses and residential property owners and
tenants that Ithaca is a good place to live and work and do
business."
Mayor Nichols stated that the line-by-line budget is available in
the City Clerk's Office if anyone wishes to examine it.
Public Hearing to Consider 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
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Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the public hearing to consider 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 declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That the public hearing to consider 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 declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Ithaca Landmarks Preservation Commission
Mayor Nichols requested Council approval for the appointment of
Stephen Somogy, 413 Linn Street, to the Ithaca Landmarks
Preservation Commission, to replace Nancy Meltzer, with a term to
expire December 31, 1993.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Stephen
Somogy to the Ithaca Landmarks Preservation Commission with a term
to expire December 31, 1993.
Carried Unanimously
COMMUNICATIONS:
Union Negotiations
Mayor Nichols stated for the general public some of the principles
that the City has followed in regards to the negotiations with the
City Unions.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Festival Lands
Ms. Dora Higgins, representing "Citizens to Save Our Parks", spoke
to Common Council regarding the resolution on tonight's agenda
regarding the Festival Lands and why they should be considered as
park lands.
CSEA Administration Unit Negotiations
The following City employees spoke to Council regarding the
negotiations between the City and the CSEA Unit:
John Coggin
Jackie Merwin
Allen Green
William Baker, President CSEA
Douglas Keating
Emanuel Cestero
Public Hearing with DoT on Changes to Route 13
Mr. Guy Gerard, 209 Giles Street, spoke to Council regarding the
public hearing that was held by DoT on changes to Route 13 south
of the City.
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Transfer of City Employees and Funding for TCAD
Mr. Alan Cohen, 302 East State Street, asked Council to look
closely at the matter of transferring DPW workers to the Water and
Sewer Division. Mr. Cohen also expressed his concern about
funding for Tompkins County Area Development Corporation.
Mr. Cohen congratulated Alderperson Efroymson on winning the
second ward Council seat.
RESPONSE TO PUBLIC:
Public Hearing on Route 13
Alderperson Blanchard stated that the public hearing by the DoT
regarding the Route 13 project was very widely advertised. The
DoT officials conducted that meeting very professionally, with
special consultants that were available to answer questions on
everything from real estate acquisition to design concepts.
CSEA Negotiations
Alderpersons Efroymson, Booth, Golder and Mayor Nichols responded
to the persons who spoke to Council regarding the CSEA
negotiations.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following matters:
Water and Sewer Rates - The Board passed a resolution on October
27 regarding increase in water and sewer rates. The water rate
has been increased from $1.21 to $1.27 per hundred cubic feet.
The sewer rate was increased from $1.40 to $1.47 per hundred cubic
feet. That is an increase of five percent over two years.
Trash Tag Rates - The trash tag rate was recommended to be
increased from $11.00 to $12.00 for six twenty pound tags. The
thirty-five pound tags have gone from $18.00 to $19.50 for six
tags.
Hillview and Aurora Street Traffic Light - There seems to be a
great deal of controversy regarding this light. The main problem
at this time seems to be the left turn onto Hillview going up 96B.
The Board has recommended changing the cycle on Aurora Street to a
longer green signal hoping to alleviate the congestion at that
intersection.
All-Way Stop on the Corner of University and Stewart Avenues -
After reviewing the accident history and talking with Police Chief
McEwen, the Board has passed a resolution authorizing the
placement of an All-Way Stop at that intersection.
Artifacts from the Strand Theater - The Board received a letter
from Elmira College requesting that they be allowed to purchase
some of the artifacts from the Strand Theater for inclusion in
their Emerson Hall project on the Elmira College campus. The
Board had extensive discussions on the request and a resolution
was passed that will handle any artifacts that we have obtained
from the Strand Theater and other historical sites. The Board is
recommending that the City retain them and if they are not going
to be used right away, that they be put on display, possibly at
DeWitt Historical Society.
Commissioner Reeves answered questions from Council members.
Bicycle Advisory Council
David Nutter, representing the Bicycle Advisory Council, thanked
the Council for their time and consideration in endorsing the
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grant application for bike planning and facilities for the City.
He handed out copies of "Request for Bicycle and Pedestrian
Accommodations on PIN 3057.28. Route 13 Over Conrail/Cayuga Inlet
and Buttermilk Creek." These requests and endorsements were
passed by the City of Ithaca Bicycle Advisory Council at its
October 21, 1993 meeting. He asked that Council also endorse this
request from the Bicycle Advisory Council to DoT.
Parks Commission
Ms. Joanne Cornish, Chairperson of the Parks Commission, reported
that the Commission has been working on Inlet Island, Southwest
Park and the Festival Lands. She stated that for the past year or
so the Commission has been conducting a park usage survey to try
and understand the needs of the City. She reported that the other
item the Commission has been working on is a Parks Signage
program.
Board of Fire Commissioners
Mr. Charles Jennings, representing the Board of Fire
Commissioners, reported on the Volunteer Program that is going to
be implemented in the Department. The program will increase the
training and activity requirements for volunteers, as well as have
a clearer understanding of what is expected of potential members.
Mr. Jennings further reported that Chief Wilbur's program to
change the career staffing of the department has been implemented
and he is in the process of making assignments for staff members
within the department to delegate responsibilities for functional
areas.
Mr. Jennings reported that the Board of Fire Commissioners has
passed a resolution that they will move forward in developing a
mandatory Juvenile Fire Setter Counseling Program.
REPORT OF THE CITY ATTORNEY:
Therm, Inc.
City Attorney Guttman reported that he has been advised that
negotiations between the Attorney General's Office and Therm have
broken down and it looks like, at this point, that the matter will
be proceeding to litigation by the State against Therm.
Ithaca Center Bankruptcy
City Attorney Guttman reported on the re-organization plans for
Center Ithaca. The matter will be back in Court in November.
Alderperson Booth informed Council that he will be requesting an
Executive Session to deal with the first three items on the Budget
and Administration Committee agenda.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.4 Youth Bureau - Request to Approve Season Pass Policy at
City Pools
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That seasonal passes for Cass Park Pool and the Alex
Haley Pool shall be issued only to residents of the City of
Ithaca, and residents of those municipalities participating with
the City in the provision of recreational services, and be it
further
RESOLVED, That seasonal passes for Cass Park Rink will be issued
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to City residents and non-residents for the 1993-1994 skating
season.
Alderperson Booth stated the resolution is simply to clarify the
policy regarding the issuance of seasonal passes for open skating
at Cass Park Rink. This resolution makes clear that those seasonal
passes will be available not only to City residents and
participating municipality residents but all other residents.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Daley, Hoffman, Berg, Romanowski,
Blanchard,
Johnson, Efroymson, Schroeder
Nay (1) - Golder
Carried
* 15.5 Planning Department - Request to Approve Architect
Contract for Cascadilla Boathouse Project
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to sign a contract with the
architectural firm of Bero Associates in the amount not to exceed
$17,600 for the schematic design, design development, construction
documents, assistance with bid process, and contract
administration for Cascadilla Boathouse Reconstruction project,
and be it further
RESOLVED, That said funds will be derived from Capital Project
#275 Cascadilla Boathouse Reconstruction.
Carried Unanimously
* 15.6 Finance Department - Controller - Request to Support
Proposed Amendment to State Local Finance Law
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, legislation to amend Sections 21:00-B and 23:00-B, and to
repeal Section 23:00-B-1 of the Local Finance Law in relation to
the maximum maturity of Bond Anticipation Notes has been
introduced in the State Senate by Senator Larkin (Bill #5266), and
in the Assembly by Assemblyman Portum (Bill #8225), and
WHEREAS, this act would amend the Local Finance Law to eliminate
the current maximum five year limitation on the term of Bond
Anticipation Notes and renewals thereof for most types of capital
improvements, or purposes for which Bond Anticipation Notes may be
issued, and
WHEREAS, this amendment would allow local governments to determine
when an issue should be permanently financed, thereby realizing
considerable potential savings in interest payable, in view of the
fact that short-term interest rates are consistently lower than
long-term rates; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
endorses and recommends passage of said legislation, in the
interest of providing local governments with the home-rule
authority to renew and permanently issue existing Debt Service at
the most effective interest rates available.
Carried (9-0)
Alderperson Golder out of room at time of vote.
November 3, 1993
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* 15.7 Finance Department - Controller - Request Authorization to
Cover Red Accounts
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the City Controller be empowered to make transfers
within the 1993 Budget appropriations, as needed, for the
remainder of the 1993 Fiscal Year.
Carried (9-0)
Alderperson Golder out of room at time of vote.
* 15.8 Finance Department - Personnel - Request to Clarify City
Daycare Policy
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Common Council approved the City's Daycare Assistance
Program in 1989; now, therefore, be it
RESOLVED, That Common Council reaffirms its intent that the City
Daycare Assistance Program allow this benefit to eligible City
employees on a per-child basis only, and be it further
RESOLVED, That all elements of said Daycare Assistance Program
remain as originally approved.
Carried (9-0)
Alderperson Golder out of room at time of vote.
* 15.9 Youth Bureau - Request to Amend 1993 Budget for Education
Grant
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Youth Bureau has received a grant in the amount
of $2,298 from the U.S. Department of Education to support a new
Student Mentor Corps Partnership Program, and
WHEREAS, this grant will allow the Youth Bureau to expand the Paul
Schreurs Memorial Program; now, therefore, be it
RESOLVED, That the 1993 Budget be adjusted as follows for the
purpose of funding said grant:
Increase Revenue:
A4820 Youth Programs $2,298
Increase Appropriations:
A7310-120 Youth Program - Hourly P/T 1,768
A9030 Social Security 135
A9040 Workers' Compensation 145
A9060 Health Insurance 250
Carried (9-0)
Alderperson Golder out of room at time of vote.
* 15.10 Planning Department - Request for Wal-Mart Economic
Impact Analysis
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, Wal-Mart Stores, Inc. has agreed that an economic impact
analysis regarding its proposed store must be conducted as part of
the broader environmental impact statement which will be prepared
for this project, and
WHEREAS, Wal-Mart and the City have agreed that an economic impact
analysis prepared by a consultant mutually agreed upon by the City
and Wal-Mart will give the Planning Board an objective analysis on
which to base its decision, and
WHEREAS, both parties are represented on the committee appointed
November 3, 1993
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by the Planning Board to solicit, evaluate and select a preferred
proposal from among the proposals submitted by qualified real
estate and economic consultants, and
WHEREAS, Wal-Mart has agreed to agreed to pay all the fees
associated with completing this aspect of the environmental
review, said commitment documented in the attached commitment
letter from Wal-Mart to the City, and
WHEREAS, the committee, after reviewing six proposals submitted by
qualified consultants, has selected RKG Associates to conduct the
economic impact analysis, and
WHEREAS, the City intends to execute a contract with RKG
Associates, with the fees payable to RKG Associates to be provided
by Wal-Mart Stores, Inc. per the attached commitment letter; now,
therefore, be it
RESOLVED, That the Mayor, upon the recommendation of the Director
of the Department of Planning and Development and the City
Attorney, is hereby authorized to execute a contract between the
City and RKG Associates for a not to exceed fee of $43,000.
Carried (9-0)
Alderperson Golder out of room at time of vote.
* 15.11 Mayor's Proposed Budget
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor's proposed Budget for 1994 is referred to
the Budget and Administration Committee for its review and action,
and be it further
RESOLVED, That in the Budget and Administration Committee's review
of the proposed Budget, each member of Common Council who attends
one of the Committee's budget review sessions shall have an equal
vote during that session, and be it further
RESOLVED, That any five (5) Council member shall constitute a
quorum for conducting business at any of the Committee's budget
review sessions, with the majority of those present having
authority to take action at that session.
Carried (9-0)
Alderperson Golder out of room at time of vote.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 An Ordinance Amending Chapter 164 Entitled "Dogs and Other
Animals" of the City of Ithaca Municipal Code (exception for
seeing eye dogs)
By Alderperson Hoffman: Seconded by Alderperson Romanowski
Ordinance No. 93-24_
An ordinance amending Chapter 164 entitled "Dogs and Other
Animals" of the City of Ithaca Municipal Code (exception for
seeing eye dogs)
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
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. Except for a handicapped assistance dog in performance of its
November 3, 1993
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trained duties, 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), 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.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Southside Community Center Funding - Report
Alderperson Johnson reported that the Human Services Committee has
recommended funding for the Southside Community Center in the
amount of $48,000.00 to support the programs.
Police Community Relations - Report
Alderperson Johnson reported that there was a press conference
held on October 30th at Southside at which time an update was
given of the activity that has taken place in the last one and
one-half years. A lot of the recommendations have been carried
out either by program administration or by action of various
committees on Council.
Human Services County Committee Meeting
Alderperson Blanchard reported that she attended the Human
Services Committee meeting at the County to see how our
arrangement with the sales tax distribution was working. The parts
of that meeting that she thought would be most interesting to the
Council had to do with the Multi-cultural Resource Center. There
was some difference of opinion on the funding level but the Multi-
cultural Center made a report at that meeting that they have hired
a director/trainer. They will have regular hours on Tuesdays
through Fridays, from 2 p.m. until 5 p.m., and they are talking
with the Human Rights Commission and with other County agencies
about finding a permanent home for that program so that it is no
longer a stand-alone effort.
PLANNING AND DEVELOPMENT COMMITTEE:
* 18.1a An Ordinance Amending the Zoning Map Established Pursuant
to Chapter 325, Regarding the Zoning of a Parcel of Land at South
and Meadow Streets - Designation of Lead Agency Status for
Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Booth
WHEREAS, State law and Section 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 the zoning of a parcel of land at south and Meadow
Streets in the City of Ithaca requires review under the City's
Environmental Quality Review Ordinance, now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
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agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca regarding the zoning of a
parcel of land at south and Meadow Streets in the City of Ithaca.
Carried Unanimously
* 18.1b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Booth
WHEREAS, an amendment to the City of Ithaca Zoning Ordinance
regarding the zoning of a parcel of land at South and Meadow
Streets in the City of Ithaca requires review under State and City
Environmental Quality Review Acts, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of a Short Environmental Assessment
Form, and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEQR)
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act
(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 27, 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
* 18.1c 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
By Alderperson Schroeder: Seconded by Alderperson Booth
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:
November 3, 1993
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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 272.60 feet to
a point; running thence south 82° 30 minutes east 33.66 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
293.99 feet to the point or place of beginning.
SECTION 2. Effective Date. This ordinance shall take effect immediatel
as provided in Ithaca City Charter.
Carried Unanimously
* 18.2a Certified Local Government Subgrant Application `FY 94 -
Grant to Fund Historic District Marker Program
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, in 1986, the City of Ithaca received Certified Local
Government status from the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (10%) of funds allocated to New York State
for preservation activities are made available exclusively to
Certified Local Governments on a competitive basis, and
WHEREAS, the Ithaca Landmarks Preservation Commission in
conjunction with Historic Ithaca and Tompkins County Inc. have
formulated an historic marker program, to identify the City's
historic districts for the benefit of both residents and visitors,
and
WHEREAS, such a program is an eligible activity under the
Certified Local Government Subgrant program, and
WHEREAS, as part of the historic marker program, Historic Ithaca
and Tompkins County, Inc. has applied for funds made available by
the Finger Lakes Advisory Board on Tourism Development to prepare
a pamphlet elaborating the location and significance of Ithaca's
local historic districts, and
WHEREAS, the Certified Local Government Subgrant "94 project
budget summary appears as follows:
Federal Share $1,642
Materials $ 200
% of Equipment Charges
Total $1,842
City of Ithaca Share
In-Kind Services, Department of
Planning and Development $ 647
Force Account Labor, Department $1,040
of Public works
Equipment Charges $ 160
November 3, 1993
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Total $1,847
Total Project Cost $3,689
now, therefore, be it
RESOLVED, That the Common Council authorizes the Director of
Planning and Development to apply for a Certified Local Government
Subgrant FY'94 to implement an historic marker program and commits
in-kind services of the Department of Planning and Development and
force account labor of the Department of Public Works to match the
subgrant.
Carried Unanimously
* 18.3 City of Ithaca Comments on the Design Report and
Environmental Assessment for the Redesign of Eight-Tenths of a
Mile of Route 13
By Alderperson Schroeder: Seconded by Alderperson Berg
WHEREAS, the New York State Department of Transportation has
prepared a Design Report and Environmental Assessment (dated
September, 1993) for the rebuilding of two deteriorated bridges
and eight-tenths of a mile of Route 13 south of the City,
beginning just within City limits, and
WHEREAS, Common Council by resolution on December 5, 1990 and
February 6, 1991 urged the D.o.T. to replace these deteriorated
bridges and to retain the existing two-lane width for this section
of Route 13, and
WHEREAS, the September, 1993 Design Report and Environmental
Assessment dismisses further consideration of two-lane solutions
and only considers the "Social and Economic Impacts" and an
"Environmental Assessment" of two very similar four-lane designs,
and
WHEREAS, the construction of a four-lane Route 13 heading north
from the City in the 1960s has had a profound impact on urban
growth patterns and social and economic trends in the Ithaca area
over the part three decades, indicating that the issue of the
"Social and Economic Impacts" of a four-lane Route 13 heading
south from the City deserves a much more thorough consideration
and analysis than is provided in the current document, and
WHEREAS, the beauty and rural character of the approach to the
City from the south along Route 13 is a significant environmental
resource which could be seriously damaged by the construction of
new four-lane bridges and a widened four-lane road, and the
current document completely dismisses this crucial environmental
issue by stating that "the only measurable visual impact
associated with this project would be the removal of the existing
railroad abutments," and
WHEREAS, the City of Ithaca considers the widening of the Route 13
bridge over Six Mile Creek a higher priority for the City's
concerns, and
WHEREAS, the priority for State transportation expenditures should
be for improved mass transit, not for expanded highways; now,
therefore, be it
RESOLVED, That Common Council finds the review of "Social and
Economic Impacts" and the "Environmental Assessment" within the
current document to be seriously inadequate, and be it further
RESOLVED, That Common Council believes this project's magnitude
requires a full Environmental Impact Statement including a
November 3, 1993
13
thorough consideration of potential two-lane solutions, and be it
further
RESOLVED, That Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that has
basically the same two-lane width as the existing road, and be it
further
RESOLVED, That Common Council's support of a two-lane solution is
not intended to oppose the inclusion of a third lane, in specific
locations, where needed for turning, and be it further
RESOLVED, That the City Clerk be directed to forward a copy of
this resolution to the New York State Department of Transportation
prior to the November 8, 1993 comment deadline.
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the fourth Whereas Clause be deleted and that the
following wording be added to the end of the second Resolved
clause:
"and a more thorough consideration and analysis of the social
and economic impacts of a four-lane highway than is provided in
the current document, and"
Discussion followed on the floor regarding the amendment.
Amendment to the Amendment
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the fourth Whereas be changed to read as follows:
"WHEREAS, the construction of multi-lane highways on the periphery
of American cities has frequently contributed to rapid
suburbanization on the outskirts of those cities."
Discussion followed on the floor.
A vote on the amendment to the amendment resulted as follows:
Ayes (8) - Schroeder, Blanchard, Johnson, Golder, Berg,
Efroymson, Booth, Hoffman
Nays (2) - Daley, Romanowski
Carried (8-2)
Revised Amendment
A vote on the revised amendment which includes Alderperson
Blanchard's wording for the end of the second Resolved Clause and
Alderperson Schroeder's changing of wording for the fourth Whereas
clause resulted as follows:
Ayes (9) - Blanchard, Johnson, Hoffman, Schroeder, Daley,
Berg, Golder, Efroymson, Booth
Nay (1) - Romanowski
Carried (9-1)
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Johnson
RESOLVED, That the sixth Whereas clause be deleted from the
resolution.
November 3, 1993
14
Discussion followed on the floor on the amendment.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the final Whereas clause be deleted from the
resolution.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (7) - Blanchard, Romanowski, Daley, Berg, Efroymson,
Schroeder, Johnson
Nays (3) - Booth, Golder, Hoffman
Carried (7-3)
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Golder
RESOLVED, That a new Resolved clause be added before the final
Resolved clause to read as follows:
"RESOLVED, That Common Council request as a part of this project:
1. The addition to the existing traffic light at Spencer
Road of a crosswalk and walk signal, activated by
buttons reachable by pedestrians and bicyclists, on both
the east and west sides of Route 13, and
2. The provision of a four foot minimum paved width outside
the motor vehicle travel lanes for use by bicyclists
between Buttermilk Falls Road and the north project
limit; provision of a sidewalk on the east side of Route
13 between Buttermilk Falls Road and the north end of
the project; and provision of sidewalks on the Route 13
bridge over Conrail/Cayuga Inlet.
Discussion followed on the amendment. Alderperson Schroeder
withdrew his amendment and as Chair of the Planning and
Development Committee, he will send a letter to the State DoT
stating that the City feels these concerns are important and
should be looked at.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That a new Resolved clause be added before the final
Resolved clause to read as follows:
"RESOLVED, That Common Council supports the utilization of the
Metropolitan Planning Organization process in the planning for
this project."
Carried Unanimously
Alderperson Booth stated for the record that he is going to vote
for this resolution but no one should ever think that he thinks
the abutment should become a major stumbling block in the planning
of any project.
Alderperson Romanowski stated for the record that he appreciates
the time and effort that has gone into this but whether the City
likes it or not there is going to be increased traffic activity
and economic activity in this particular area. This has been
recognized by the Town of Ithaca already and he thinks the City
November 3, 1993
15
should also recognize this. He beleives that it is a little
short-sighted to try to settle on a two-lane solution which he
believes is going to compromise safety and for this reason he
thinks environmental assessment should be done. He thinks that to
try to focus on a two-lane solution is being very short-sighted
and for that reason he will vote against the resolution.
Alderperson Blanchard stated for the record that she appreciates
the Council adopting the amendments that she suggested and she
thinks it is a better resolution because of that. She stated that
she attended the design public hearing, she looked at the
drawings, she asked questions, and she had an opportunity to talk
with the design consultant and with some of the engineers from
Region 3 about why they abandoned any further consideration of the
two-lane solution. She thought their reasoning was very sound and
made sense to her. She does not think we should be asking them to
look at a two-lane solution, especially when they are coming into
a City that has five lanes that this road is meeting. Therefore,
she stated, that she cannot support the resolution.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Johnson, Berg, Schroeder, Efroymson,
Hoffman, Daley, Golder
Nays (2) - Romanowski, Blanchard
Carried (8-2)
The Main Motion as amended shall read as follows:
WHEREAS, the New York State Department of Transportation has
prepared a Design Report and Environmental Assessment (dated
September, 1993) for the rebuilding of two deteriorated bridges
and eight-tenths of a mile of Route 13 south of the City,
beginning just within City limits, and
WHEREAS, Common Council by resolution on December 5, 1990 and
February 6, 1991 urged the D.o.T. to replace these deteriorated
bridges and to retain the existing two-lane width for this section
of Route 13, and
WHEREAS, the September, 1993 Design Report and Environmental
Assessment dismisses further consideration of two-lane solutions
and only considers the "Social and Economic Impacts" and an
"Environmental Assessment" of two very similar four-lane designs,
and
WHEREAS, the construction of multi-lane highways on the periphery
of American cities have frequently contributed to rapid
suburbanization on the outskirts of those cities, and
WHEREAS, the beauty and rural character of the approach to the
City from the south along Route 13 is a significant environmental
resource which could be seriously damaged by the construction of
new four-lane bridges and a widened four-lane road, and the
current document completely dismisses this crucial environmental
issue by stating that "the only measurable visual impact
associated with this project would be the removal of the existing
railroad abutments," now, therefore, be it
RESOLVED, That Common Council finds the review of "Social and
Economic Impacts" and the "Environmental Assessment" within the
current document to be seriously inadequate, and be it further
RESOLVED, That Common Council believes this project's magnitude
November 3, 1993
16
requires a full Environmental Impact Statement including a
thorough consideration of potential two-lane solutions, and a more
thorough consideration and analysis of the social and economic
impacts of a four-lane highway than is provided in the current
document, and be it further
RESOLVED, That Common Council reaffirms its support for
replacement of the deteriorated bridges and for a project that has
basically the same two-lane width as the existing road, and be it
further
RESOLVED, That Common Council's support of a two-lane solution is
not intended to oppose the inclusion of a third lane, in specific
locations, where needed for turning, and be it further
RESOLVED, That Common Council supports the utilization of the
Metropolitan Planning Organization process in the planning for
this project, and be it further
RESOLVED, That the City Clerk be directed to forward a copy of
this resolution to the New York State Department of Transportation
prior to the November 8, 1993 comment deadline.
NEW BUSINESS:
* 20.1 Resolution in Support of IPAC
By Alderperson Schroeder: Seconded by Alderperson Daley
WHEREAS, the premises known as the State Theater are presently
used as a motion picture theater, and
WHEREAS, the owner of the premises has stated that unless he can
arrange for alternate use of the building, he will be forced to
consider demolition of the building, and
WHEREAS, a group of individuals consisting of members of various
local arts groups is banding together to form a not-for-profit
corporation which would acquire control of the State Theater and
turn it in an Ithaca Performing Arts Center (IPAC), and
WHEREAS, it would be in the interest of the City of Ithaca to have
a downtown performing arts center; now, therefore, be it
RESOLVED, That the Common Council encourages the parties in their
attempt to transform the State Theater into a performing arts
center that will be used by a broad spectrum of local arts groups
and pledges its support and assistance to such endeavor.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Romanowski
RESOLVED, That in the Resolved clause the words "and pledges its
support and assistance to such endeavor" be stricken.
Discussion followed on the floor. Alderperson Efroymson explained
to Council why he feels the above words should be stricken.
Alderperson Daley stated, for the record, that he wants, whether
it is this group or any other group, to know that there is going
to be strong support by the Common Council of an attempt to make
downtown a really vibrant arts community. He thinks there is
nothing in the the last Resolved that require us to do anything,
that obligates us to do anything, that puts money into it, and he
thinks there is no need in weakening the Resolution by removing
the words as is being suggested.
Mayor Nichols stated that he supports the original resolution but
he has made clear from the beginning, in terms of his support and
what he would hope he could encourage Common Council to do, that
November 3, 1993
17
before the Council can move ahead to any kind of financial
arrangement, we have to see that this is a workable deal, that it
makes sense, that there is an appropriate Board of Directors and
community participation so this resolution is not a blank check.
He also stated that when and if those conditions can be met, our
support would be the key point to making this thing work.
Substitute Amending Resolution
By Alderperson Berg: Seconded by Alderperson Johnson
RESOLVED, That in the Resolved clause, after the word "groups"
delete the rest of the sentence and add the following wording:
"and will review requests by parties seeking assistance from
the City in their efforts to transform the State Theater."
Discussion followed on the floor regarding Alderperson Berg's
amendment.
A vote on Alderperson Berg's substitute amending resolution
resulted as follows:
Ayes (3) - Berg, Johnson, Hoffman
Nays (7) - Booth, Schroeder, Daley, Blanchard, Romanowski,
Efroymson, Golder
Motion Fails
Alderperson Efroymson withdrew his amending resolution.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That in the Resolved clause, after the word "groups",
the rest of the sentence be deleted and the following wording be
added:
"and will consider its support and assistance to such
endeavor when feasibility issues have been addressed."
A vote on the amending resolution resulted as follows:
Ayes (8) - Daley, Efroymson, Schroeder, Golder, Berg, Booth,
Johnson, Hoffman
Nays (2) - Romanowski, Blanchard
Carried (8-2)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Daley, Efroymson, Schroeder, Golder, Berg, Booth,
Johnson, Hoffman
Nays (2) - Romanowski, Blanchard
Carried (8-2)
* 20.2 Festival Lands
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the City of Ithaca owns the so-called Festival Lands
comprising approximately fifteen acres that adjoin the State of
New York's Allan H. Treman Marine State Park, and
WHEREAS, there have been various opinions expressed over a period
of years by persons within and outside the City government
regarding whether or not the Festival Lands constitute park land
under the applicable law of the state, and
November 3, 1993
18
WHEREAS, official maps produced by the City, including but not
limited to the City's zoning map, have for many years denoted the
Festival Lands as park land, and
WHEREAS, for more than twenty-five years the City of Ithaca has
kept the Festival Lands as open and partially natural lands, and
WHEREAS, the Festival Lands have been maintained in said open and
partially natural condition by the City of Ithaca personnel and/or
by State of New York personnel acting with the acquiescence of the
City of Ithaca, and
WHEREAS, for more than twenty-five years the City of Ithaca has
encouraged the Festival Lands to be used by the public for hiking,
picnicking, jogging, bird watching, casual sporting activities,
and other outdoor uses consistent with the long term maintenance
of open, natural public park lands, and
WHEREAS, for more than twenty-five years large numbers of
residents of the City of Ithaca and of the Ithaca area have used
the Festival Lands as though they were public park lands for
hiking, picnicking, jogging, bird watching, casual sporting
activities, and other outdoor uses consistent with the long term
maintenance of open, natural, public park lands, and
WHEREAS, said uses of the Festival Lands are typical of the
public's use of public park lands in countless places across this
state, and
WHEREAS, large numbers of residents of the City of Ithaca and of
the Ithaca area consider the Festival Lands to be public park land
that is not in any significant way distinguishable from the state-
owned park land that adjoins the Festival Lands, and
WHEREAS, in fact the Festival Lands are not in any significant way
distinguishable from the state-owned park land that adjoins the
Festival Lands, and
WHEREAS, applicable New York State law provides that land owned by
municipal government may, as a result of the use and maintenance
of that land, become public park land through implied dedication;
now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca states its
conclusion that the Festival Lands have become and are public park
land by means of implied dedication as defined by the applicable
law of the State of New York, and be it further
RESOLVED, That this Common Council intends that all future actions
by the City of Ithaca respecting and/or affecting the Festival
Lands will reflect its conclusion that said lands constitute
public park land by means of implied dedication.
Alderperson Booth explained the resolution.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That the resolution regarding the Festival Lands be
referred to the Planning and Development Committee for their
review and consideration.
Extensive discussion followed on the floor.
Amendment to the Motion to Refer
November 3, 1993
19
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the report and resolution on the Festival Lands be
back from the Planning and Development Committee to be acted on at
the December 1993 Common Council meeting.
A vote on the Amendment to the Motion to Refer resulted as
follows:
Ayes (5) - Berg, Hoffman, Golder, Booth, Johnson
Nays (6) - Romanowski, Schroeder, Blanchard, Efroymson, Daley
Mayor Nichols vote Nay, breaking the tie
Motion Failed
A vote on the Motion to Refer to Committee resulted as follows:
Ayes (6) - Romanowski, Schroeder, Blanchard, Efroymson, Daley
Nays (5) - Berg, Hoffman, Golder, Booth, Johnson
Mayor Nichols voted Aye, breaking the tie.
Carried
RECESS:
Common Council recessed at 9:50 p.m. and reconvened at 10:00 p.m.
EXECUTIVE SESSION:
On a motion Common Council moved into Executive Session at 10:00
p.m. to discuss three Budget and Administration Items (Agenda
items #1, #2, and #3.
REGULAR SESSION:
On a motion Common Council reconvened into Regular session at
10:35 p.m. and presented the following:
* 15.1 Building Department - Request to Hire Above the Minimum
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That Sarah Myers be hired for the Senior Typist position
in the Building Department at an annual salary of $17,687.00, that
being Step seven (7) on the 1992 Compensation Plan for the
C.S.E.A. Administrative Unit (40 hours/week), effective November
22, 1993, and be it further
RESOLVED, That the salary level be adjusted as specified in the
1993 contract when adopted, and be it further
RESOLVED, That this appointment to Step seven (7) conforms to the
arbitration decision governing hiring with experience, and be it
further
RESOLVED, That the funding for said hire be derived from within
existing budget appropriations.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That Step seven (7) be modified to Step five (5) with
the annual salary being $16,352.00.
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That a Whereas Clause be added to the resolution to read
as follows:
"WHEREAS, based on the experience that Sarah Meyers has, it
is appropriate to hire her at Step 5; now, therefore, be it"
Carried Unanimously
Main Motion as Amended
November 3, 1993
20
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.2 City Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-435 Law
Contractual Services to fund the use of outside legal services for
pending litigation against the City.
Carried Unanimously
* 15.3 City Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $4,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-435 Law
Contractual Services to fund the use of outside legal services for
pending litigation against the City.
Ayes (8) - Booth, Romanowski, Blanchard, Efroymson, Berg,
Johnson, Golder, Schroeder
Abstention (1) - Daley (conflict of interest)
Alderperson Hoffman asked to be excused from the meeting due to a
conflict of interest.
No Council member objected and Alderperson Hoffman left the
meeting before the motion was considered.
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:45 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor