HomeMy WebLinkAboutMN-CC-1994-05-04May 4, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. May 4, 1994
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Johnson, Shenk, Mackesey, Efroymson,
Sams, Schroeder, Gray, Thorpe
ABSENT:
Alderperson Hanna
ALSO PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
Deputy City Controller - Thayer
City Controller - Cafferillo
Superintendent of Public Works - Gray
Planning and Development Director - Van Cort
Youth Bureau Director - Cohen
Police Chief - McEwen
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
Historic Preservation and Neighborhood Planner - Chatterton
Deputy Director for Community Development - Norton
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the April 6, 1994 Common Council
Meeting
By Alderperson Efroymson: Seconded by Alderperson Schroeder
RESOLVED, That the Minutes of the April 6, 1994 Common Council
meeting be approved with corrections as noted by Alderperson
Schroeder.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Alderperson Schroeder requested the addition of an Executive
Session to discuss a possible legal action.
No Council member objected.
Planning Committee
Alderperson Schroeder requested the addition of Item 16.6
regarding consideration for authorization of an Environmental
Quality Bond Act Application for monies to stabilize the
Cascadilla Boat House.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing re. 1994 Community Development Block Grant
Application
Resolution to Open Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That the public hearing to consider the 1994 Community
Development Block Grant Application be declared open.
Carried Unanimously
Mr. Clayton Hamilton commended the process that was used in
arriving at the final determination and stated that he strongly
supports the final determination and recommendations.
May 4, 1994
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That the public hearing to consider the 1994 Community
Development Block Grant Application be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Bicycle Advisory Council
Mayor Nichols requested Council approval for the appointment of
Richard Ruswick, 215 First Street, to the Bicycle Advisory
Council, with a term to expire December 31, 1995.
Resolution
By Alderperson Gray: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Richard
Ruswick to the Bicycle Advisory Council with a term to expire
December 31, 1995.
Carried Unanimously
COUNCIL APPOINTMENT:
Local Advisory Board of Assessment Review
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That Gary Bucci, 526 West Buffalo Street and Steven
Thayer, Deputy City Controller be appointed to the Local Advisory
Board of Assessment Review for the year 1994.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Dog Ordinance
Ms. Ann Birnbach, 422 North Cayuga Street, spoke to Council re.
the ordinance that was passed last year regarding dogs defecating
on public property. She stated she does not believe that there
has been enough publicity on the matter, nor is the ordinance
being enforced. She requested that signs be posted on the
Commons and all the City parks to remind people of this
ordinance.
Memo from City Attorney's Office
Mr. Daniel Hoffman, 607 North Tioga Street, spoke to the Council
objecting to a legal opinion issued by the City Attorney's office
which was distributed to the chairpersons of all the City's lay
boards, committees and commissions. The opinion dealt with
citizen's input into the decision making process of these bodies.
Mr. Hoffman read a statement that is on file in the City Clerk's
Office.
Also speaking to Council regarding this legal opinion were the
following persons:
Elizabeth Dissen
Jill Brantley
Guy Gerard
Wal-Mart
Mr. Mark Finkelstein, 210 Lake Street, spoke to Council regarding
the matter of Wal-Mart. He suggested that City government stay
neutral in the matter and that they not become either pro or anti
Wal-Mart as this process moves forward.
Mayor's Term of Office
Mr. Finkelstein spoke to Council in regard to the resolution
calling for a public hearing concerning the Mayor's term of
office becoming a 4-year term. Although he felt there were good
arguments on both sides, he believes a 2-year term provides a
better balance.
A letter concerning the Mayor's term of office from Mr. Sean
Killeen, 111 Orchard Place, was read into the record by
Alderperson Schroeder. He felt Council should call upon the
May 4, 1994
advice and experience of the previous Mayors before voting on
this issue. The letter is on file in the City Clerk's Office.
RESPONSE TO PUBLIC:
City Attorney's Memo
Alderpersons Johnson, Booth, Mackesey and Thorpe spoke to the
public regarding the memo from the City Attorney's Office.
Alderperson Booth stated that the matter will be discussed at the
Budget and Administration Committee meeting on May 18th.
Dog Defecation Problem
Alderpersons Thorpe and Efroymson spoke to the public regarding
the City ordinance that was enacted last year to deal with this
problem.
Mayor's Term of Office
Mayor Nichols noted that discussion of this issue was not
proposed by him. He thinks that whatever decision is made should
be made by the Council in terms of the issues, not reflecting the
possible candidacy of any particular person.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
BOARD OF PUBLIC WORKS:
Commissioner Reeves reported to the Council on the following
matters:
Outdoor Dining on the Commons - A resolution was passed
recommending to the Commons Advisory Board that the regulations
for outdoor dining on the primary and secondary Commons be
amended so that the establishment owners be responsible for the
clean-up of grease and food stains at their establishments, at
least once a week.
DoT Agreement - Lighting Equipment - The Board passed a
resolution authorizing the Mayor to enter into an agreement with
the State DoT for maintenance of the new lighting which will be
installed in regard to the Route 96 improvements.
Carry-in/Carry-out Trash Policy at Stewart Park - The Board
passed a resolution concerning the Carry-in/Carry-out trash
policy at Stewart Park for the 1994 season. The trash collection
between 1992 and 1993 was reduced by 84 tons. The savings to the
City for tipping fees was $8,520. However, no money was saved on
labor as the crews need to go to the park daily to collect litter
that has been left behind.
Bridge Barriers on Thurston Avenue and Stewart Avenue Bridge over
Cascadilla Creek - The Board was approached by concerned citizens
last month about the feasibility of installation of bridge
barriers on the Thurston Avenue and Stewart Avenue Bridge over
Cascadilla Creek as a means of suicide prevention. The
resolution that was passed by the Board requests information
regarding design and costs. The resolution also asks for
information regarding costs of installing emergency telephones at
those sites.
Stewart Park Entrance - The Board passed a resolution for
modification of the entrance to Stewart Park. The DoT and
Consolidated Rail are anticipating putting up crossing gates at
that site as well as at other sites in the City where streets
cross the railroad tracks. The State will reimburse the City for
any modification that is done.
Ithaca Festival - The Board passed a resolution for authorization
and agreement for the Ithaca Festival as it relates to the street
closings, use of the parks and trash collection.
No Smoking Policy at Cass Park Rink - The Board has recommended
to Common Council that a "No Smoking" policy be considered for
the Cass Park skating rink.
May 4, 1994
Cass Park Skating Rink Improvements - The Board gave preliminary
approval for wind barriers and bleachers at the Cass Park Rink as
proposed by Joe Cassanitti. The resolution encourages Mr.
Cassanitti to formulate plans and seek funding for the barriers
and the bleachers. However, the plans and materials are subject
to the approval of the Building Commissioner, the Fire Chief, the
City Engineer and Superintendent of Public Works, as well as the
Youth Bureau Advisory Board and the Board of Public Works.
Emergency Snow Route - The revised list for the emergency snow
routes has been passed on to the Police and Fire Chiefs for their
approval.
Discussion followed on the floor concerning the upcoming State
road re-construction on Green and Seneca Streets and the question
of Spring Clean-up Day or a Scavengers Day.
BOARD OF FIRE COMMISSIONERS:
Commissioner Hamilton read a proclamation that was issued by the
Mayor naming May 15-21 as "Emergency Medical Services Week" in
the City of Ithaca. He thanked the Mayor for the proclamation.
Commissioner Hamilton stated that there will be local observances
conducted in conjunction with National Emergency Medical Services
Week, saluting the "Stars of Life", the dedicated men and women
who provide life saving care whenever and wherever it's needed.
The emergency services organizations throughout the County will
sponsor events and activities during that week coordinated by the
Tompkins County Fire Prevention Task Force. This will include a
demonstration of an emergency medical response in response to a
mock motor vehicle accident on EMS Recognition Day, Saturday
morning, May 21st, at the TOPS parking lot.
Commissioner Hamilton stated that on Saturday afternoon, May
21st, the Fire Department, in conjunction with the Police
Department, Tompkins Community Hospital, and other community
organizations will be working with the Ithaca Rotary Club in the
promotion of the first annual "Kid Care Photo I.D. Day".
TRANSIT COMMITTEE:
Alderperson Thorpe reported that the County is going to be
starting a Para-Transit System. This transit system will be
available for people with disabilities who can't use the City
buses.
ITHACA LANDMARKS PRESERVATION COMMISSION:
Leslie Chatterton, Historic Preservation and Neighborhood
Planner, reported that at the meeting on May 3, they received a
request from Historic Ithaca to reconsider local designation of
the Masonic Temple. The ILPC agreed to schedule a public hearing
for that reconsideration on May 23, 1994.
GIAC:
Alderperson Efroymson announced that the annual Open House for
GIAC is Saturday, May 14, 11 a.m. to 4 p.m.
BICYCLE ADVISORY COUNCIL:
Mr. David Nutter announced that May 15 - 22 is "National Bike to
Work Week". He stated that on May 21, from 9 a.m. til 2 p.m., at
the Transit Center, there will be an expo called "Pathways for
the Future", sponsored by the Tompkins Coalition for Bicycle
Transportation and the Tompkins County Greenway Coalition.
REPORT OF THE CITY CLERK:
Designation of Polling Places for 1994
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the following be designated as Polling Places for
1994:
May 4, 1994
FIRST WARD
1st District Chestnut Street Alternative Community School
2nd District Chestnut Street Alternative Community School
3rd District 800 S. Plain St. Titus Towers
4th District 520 Hudson St. South Hill School
5th District 520 Hudson St. South Hill School
SECOND WARD
1st District 300 W. Court St. GIAC
2nd District 300 W. Court St. GIAC
3rd District 310 W. Green St. Central Fire Station
4th District 310 W. Green St. Central Fire Station
THIRD WARD
1st District Cornell Campus Willard Straight Hall
Central Avenue
2nd District Cornell Street Belle Sherman Annex
3rd District Cornell Street Belle Sherman Annex
FOURTH WARD
1st District 635 Stewart Ave. Noyes Center
2nd District 309 College Ave. #9 Fire Station
3rd District 309 College Ave. #9 Fire Station
FIFTH WARD
1st District 1012 N. Tioga St. #7 Fire Station
2nd District Corner King & Fall Creek School
Aurora Streets
3rd District Robert Purcell Union Jessup Road, Cornell U.
4th District Corner King & Fall Creek School
Aurora Streets
Carried Unanimously
REPORT OF CITY ATTORNEY:
City Attorney Guttman explained the purpose and intent of
Assistant City Attorney Kennedy's memo. He stated that a
clarifying memo is being prepared and that a discussion of this
matter will take place on Wednesday, May 18 at the Budget and
Administration Committee meeting.
City Attorney Guttman reported that the financing for the
proposed sale of the City Hall Annex will not be forthcoming.
The City Hall Annex, therefore, is back on the market and will be
re-listed with the City's real estate agent.
City Attorney Guttman reported that on May 10, the IURA will
determine whether it is in the best interest of the City and IURA
to accept sealed bids to sell the approximately 2/3 acre site
known as Lot #1 at the Carpenter Business Park.
Discussion followed on the floor with Planning and Development
Director Van Cort answering questions from Council members
regarding the selling of the site at Carpenter Business Park.
The issue will be presented to the next meeting of the Council's
Economic Development Committee.
PLANNING COMMITTEE:
*16.1 1994 Community Development Block Grant Application
Approval
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, the program and budgets for the proposed CDBG have
been reviewed by the Community Advisory Committee, and adopted by
the Ithaca Urban Renewal Agency, and
WHEREAS, Common Council recognizes the need to support efforts
which promote affordable housing, job creation, and increased
public services for Ithaca's low and moderate income population,
and
May 4, 1994
WHEREAS, the Planning Committee has reviewed the projects for the
1994 Community Development Block Grant which include Phase II of
Mutual Housing, the INHS Northside Rehabilitation Project, the
microenterprise program, public infrastructure improvements to
Conway Park, and the Drop In Children's Center (DICC) daycare
program, and
WHEREAS, while the Planning Committee recommends that all of the
projects be included in the CDBG application, the inclusion of
the DICC project is subject to the condition that both the Board
of Public Works and the Northside Land Use Committee approve of
the proposed location of the project in the Northside, and
WHEREAS, in order for the City-owned Northside property to be
used for day care purposes, a special permit and possibly area
variances will have to be obtained; now, therefore, be it
RESOLVED, That Common Council hereby directs and authorizes the
IURA to submit the proposed 1994 CDBG application in the HUD
Small Cities competition, and be it further
RESOLVED, That Common Council authorizes staff to make minor
modifications in the project composition of the CDBG and the
respective budgets according to HUD/CDBG feasibility and impact
guidelines, with the understanding that significant or major
modifications will be brought back to Common Council for their
review, and be it further
RESOLVED, That Common Council authorizes the IURA to implement
all CDBG activities in accordance with HUD regulations contained
in Federal Register 24 CFR 570, and be it further
RESOLVED, That the Mayor is authorized to execute any and all
documents necessary or appropriate to authorize the Drop In
Children's Center to apply to the Board of Zoning Appeals for any
necessary special permits or area variances to use the City-owned
Northside property for day care purposes.
Discussion followed on the floor with City Attorney Guttman and
Alderperson Schroeder answering questions from Council.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.2 Acceptance of Potential Donation of Land to City (West
Inlet 2)
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, the Planning and Development Board is in the process of
considering site development plan approval for a housing
development on lower West Hill consisting of 32 units of
moderately priced housing known as West Inlet 2, and
WHEREAS, the owners of the project have indicated a willingness
to donate part of the site to the City to ensure preservation of
the woodland on the land to be donated, and
WHEREAS, such donation would be a partial mitigation of the
impacts of the development, and
WHEREAS, the City had previously expressed a willingness to
accept similar donated lands on a previous proposal for the site
known as West Inlet, and
May 4, 1994
WHEREAS, the Planning Committee of Common Council has recommended
acceptance of such a donation if it is offered by the developer,
contingent on the Planning and Development Board completing Site
Plan Review of this proposed development and contingent on the
Board's recommendation that the City accept this land; now,
therefore, be it
RESOLVED, That the Common Council does hereby express a
willingness to accept a donation of land from the West Inlet 2
proposed development, and be it further
RESOLVED, That the exact boundaries of the land to be donated are
to be reviewed by the City Attorney, the Director of Planning and
Development and the Superintendent of Public Works, and these
lands are to be more fully described at the time such offer of
donation is made by the developer.
Discussion followed on the floor.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Thorpe
RESOLVED, That the second Whereas read as follows:
"WHEREAS, the owners of the project have indicated a desire
to donate part of the site to the City so that the City can be
ensured of the preservation of the woodland on the site to be
donated."
Discussion followed on the amendment with Alderperson Schroeder
explaining why the second Whereas, as written, more accurately
reflects the true facts.
Alderperson Efroymson withdrew his amending resolution.
Extensive discussion followed.
A vote on the resolution resulted as follows:
Ayes (5) - Schroeder, Thorpe, Mackesey, Shenk, Gray
Nays (4) - Johnson, Efroymson, Sams, Booth
Carried (5-4)
Development of City Bicycle Plan - Report
Alderperson Schroeder noted that the City received an $80,000
grant to be combined with our $20,000 to develop and partially
implement a bicycle plan. The Planning Committee, at its last
meeting, agreed to have the Mayor set up a selection committee
for hiring a consultant.
Request for Exemption from N.Y.S. Barge Canal Clearance
Requirements for Bridges Over Old Cayuga Inlet from Buffalo
Street to State Street - Report
Alderperson Schroeder stated that a question has arisen about
part of the New York State Canal system with reference to the
Route 96 project. Technically, the barge canal system extends all
the way down the Old Cayuga Inlet to State Street, although it
has not been used as such for a long time. The new Route 96
bridges are of a height that would not be in accordance with the
canal law requirements. The Planning Committee authorized the
Mayor to send a letter to the State authorities on this topic
asking that the height requirements for the bridges over the
canal south of Buffalo Street be waived.
Task Force on Traffic Issues - Report
Alderperson Schroeder noted that the Task Force on Traffic issues
has completed their report. The Planning Committee will be
discussing that part of the report having to do with planning
issues at its next meeting.
Cascadilla Boat House Stabilization Project
May 4, 1994
Historic Preservation and Neighborhood Planner Chatterton stated
that last year the City received a EQBA grant for stabilization
work on the Cascadilla Boat House in Stewart Park, which is
listed on the National Register of Historic Places. The
architect and the engineer are in the preliminary design phase
and it looks like the work that must be done to fully stabilize
the building is going to cost significantly more than the
original estimate.
Leslie Chatterton stated that there is one more round of bond act
money available. The deadline for the grant application is May
13, 1994. She asked for Council approval to prepare a grant and
budget and authorization for the Mayor to submit the grant
application. At the June 2 Council meeting if Council decides
that they don't wish to move forward with the project the
application could be withdrawn. The grant is for a 50-50 match
by the City.
Discussion followed on the floor on the scope of the
rehabilitation.
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to submit an application
for up to $100,000 of increased funding from the EQBA for the
stabilization of the Cascadilla Boat House, such authorization to
be subject to review and potential revocation by Common Council
and such authorization to be revoked automatically unless Common
Council votes to affirm this action at its meeting in June 1994.
Carried Unanimously
INTER-INSTITUTIONAL COMMITTEE:
Fire Contract Negotiations
Alderperson Efroymson reported that the City/Town of Ithaca Fire
Contract negotiations are going well. A five year contract is
being proposed. Included will be administrative costs and other
services that the City provides which are not currently included
in the contract. More information will be forthcoming as
meetings occur.
Joint Meeting with City and Board of Representatives
Alderperson Efroymson reported on a meeting with the City Board
of Representatives regarding a number of issues that are of
concern to the Council, such as a sales tax agreement and
coordinating City, Town and County planning issues. He stated
that the basis of the June meeting of the Inter-Institutional
Committee will be technology issues.
ECONOMIC DEVELOPMENT COMMITTEE:
* 19.1 Repayments of Comex Plaza Associates UDAG Loan Agreement
By Alderperson Mackesey: Seconded by Alderperson Gray
WHEREAS, the City holds a $475,000 Note secured by a second
mortgage on the former McCurdy building with Comex Plaza
Associates, and
WHEREAS, the repayment terms of the note were renegotiated in May
1993 due to a change in use of the property, and
WHEREAS, all payments on the UDAG Loan are classified by the U.S.
Office of Housing and Urban Development as miscellaneous revenue
and hence must be used to further community development
objectives such as the creation of jobs or housing for low income
persons, and
WHEREAS, under the previous loan repayment terms, the Ithaca
Urban Renewal Agency received the annual payment of $21,000, of
which $9,855.72 was turned over to the City and used towards the
City's annual contribution to Ithaca Neighborhood Housing
Services,
May 4, 1994
with the remainder of the payment proceeds used for community
development eligible activities, and subject to all applicable
HUD regulations, and
WHEREAS, the Common Council, upon recommendation from the Ithaca
Urban Renewal Agency, created a Community Development Loan Fund
last year, the purpose of which is to create job opportunities
for low and moderate income persons and/or to assist small
businesses, and
WHEREAS, because the CDLF is undercapitalized, no lending
activity has begun nor is it scheduled to begin until mid-year
1995, despite the need for this type of fund in the community,
and
WHEREAS, the City's 1994 Community Development Block Grant
application includes a microenterprise training program, whose
graduates will likely need start-up financing, and the CDLF is
the only source of revenue which the City can use to assist micro
or small businesses, and
WHEREAS, Comex Plaza Associates will make an interest only
payment of $23,750 on June 1, 1994 and will begin making monthly
payments of $4,013 on July 1, 1994; now, therefore, be it
RESOLVED, That the renegotiated monthly payments and the one time
interest payment from the UDAG, minus the City's annual
contribution from this source to INHS, be allocated to the CDLF.
Discussion followed on the floor with City Controller Cafferillo
and Planning and Development Director Van Cort answering
questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:26 p.m. and reconvened at 9:36 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 20.1 Building Department - Request Funds for Board of Zoning
Appeals Training
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Rhodes Real Estate Review is conducting training
sessions for Boards of Zoning Appeals in Lansing, New York, and
WHEREAS, The Building Department is recommending said training
for the City's current Board of Zoning Appeals at a cost not to
exceed $395.; now, therefore, be it
RESOLVED, That $395. be transferred from Account A1990
Unrestricted Contingency to Account A3620-440 for purposes of
funding said training.
Carried Unanimously
* 20.2 DPW - Request to Amend Personnel Roster
By Alderperson Booth: Seconded by Alderperson Thorpe
RESOLVED, That the Personnel Roster of the Department of Public
Works be amended as follows:
Add one (1) Assistant City Electrician
and be it further
RESOLVED, That the Maintainer position which shall be vacated due
to the promotion of an employee to the Assistant City Electrician
position shall remain vacant and unfunded pending the results of
the Civil Service examination process and shall be terminated if
and when the Assistant City Electrician position is filled
following said examination process, and be it further
May 4, 1994
RESOLVED, That the position of Assistant City Electrician be
assigned to the CSEA Administrative Unit at grade 12 of the 1994
compensation plan.
Carried Unanimously
* 20.3 Request to Amend 1994 DPW Budget to Cover Snow Removal
Costs
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the unusual winter of 1993 was not only harsh on area
residents, but the City 's snow removal budget was exceeded by
$140,000., and
WHEREAS, the Department of Public Works has estimated that
another $78,000. will be needed to cover anticipated snow removal
costs for the remainder of 1994; now, therefore, be it
RESOLVED, That the 1994 Department of Public Works Budget be
amended as follows to cover current and a portion of anticipated
snow removal costs for the remainder of 1994:
Decrease Appropriation Accounts:
A2803 Transfer From Capital Fund $ 78,000
A5111-486 Maint. of Roads-Curb & Gutter Renewal 30,000
A5111-487 Maint. of Roads-Machine Paving 50,000
A5111-488 Maint. of Roads-Gravel Base 42,000
$200,000
Increase Appropriation Accounts:
A5010-435 Street Admin. - Contracts $ 10,639
A5132-125 Garage - Overtime 3,326
A5142-115 Snow Removal - Hourly Wages 48,745
A5142-125 Snow Removal - Overtime 25,739
A5142-435 Snow Removal - Contracts 5,282
A5142-470 Snow Removal - Equipment Rental 20,372
A5142-477 Snow Removal - Equipment Parts & Supplies
12,936
A5142-484 Snow Removal - Salt & Cinders 55,440
A7111-125 Parks & Forestry - Overtime 6,675
A9030 Social Security 5,953
A9040 Workers' Comp. 4,893
$200,000
Carried Unanimously
* 20.4 DPW - Request to Amend Capital Project #279
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, the snow removal costs for 1994 have exceeded the
current snow removal budget and additional funding is requested
to cover anticipated snow removal expenses through 1994, and
WHEREAS, the Department of Public Works must defer scheduled
street and road construction projects to cover the estimated
$200,000 exceeded budget in the snow removal account, and
WHEREAS, the Board of Public Works has recommended that the
scheduled street and road construction projects be done in 1994
because of the current disrepair of the City streets, and
WHEREAS, in the 1994 City budget, Capital Project #279 Street and
Road Construction was established in the amount of $400,000 for
various City street and road construction projects; now,
therefore, be it
RESOLVED, That Capital Project #279 Street and Road Construction
be amended by $200,000 for a total authorization of $600,000, to
fund various additional 1994 street and road construction
projects, and be it further
RESOLVED, That said funds will be financed by the issuance of
serial bonds.
May 4, 1994
Carried Unanimously
* 20.5 Request to Amend 1994 Water and Sewer Authorized
Equipment List
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the Assistant Superintendent of Public Works - Water and
Sewer has recommended the replacement, upgrade and addition of
several small pieces of equipment in the Water and Sewer
Department, and
WHEREAS, the equipment will improve the department's productivity
and overall operation, and
WHEREAS, the cost to purchase the equipment has been estimated at
$24,000; now, therefore, be it
RESOLVED, That the Water and Sewer Department's 1994 Authorized
Equipment List be amended by the following:
(2) 3" pumps $2,400
(1) Tamp 2,150
(2) Mobile Radios 1,990
(1) Laser 7,000
Various small tools 600
Work Zone Signs 1,850
(1) TV/VCR 1,200
(1) Skill saw 185
(1) Cordless drill 199
Inflatable sewer plugs 6,000
and be it further
RESOLVED, That a total amount not to exceed $24,000 be
transferred from the following accounts to cover said equipment
purchases:
From Appropriation Accounts
F8341-435 Gen. Main. - Contracts $ 9,600
G8121-435 Gen. Main. - Contracts 14,400
To Appropriation Accounts
F8316-225 Shop & Equip. - Other Equipment $ 9,600
G8116-225 Shop & Equip. - Other Equipment 14,400
Carried Unanimously
* 20.6 DPW - Request to Fund and Amend 1994 Water and Sewer
Authorized Equipment List
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Water and Sewer Department is in need of a $10,500
truck mounted valve operator to maintain water valves located in
the City, and
WHEREAS, said piece of equipment will improve the Water
Department's productivity, protect and improve the reliability of
the city's water distribution system, and establish an ongoing
water valve maintenance program; now, therefore, be it
RESOLVED, That the 1994 Water Department Authorized Equipment
List be amended as follows:
Add (1) one TM/5 truck mounted valve operator $10,500
and be it further
RESOLVED, That an amount not to exceed $10,500 be transferred
from Account F1990 Unrestricted Contingency to Account F8341-225
General Maintenance Other Equipment to fund said piece of
equipment.
May 4, 1994
Carried Unanimously
***Item 20.7 moved to end of Budget and Administration Committee
agenda.
* 20.8 DPW - Request to Approve Stewart Avenue Stabilization
Capital Project
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, a landslide occurred in the 900 block of Stewart Avenue
during April, 1993 which threatens the stability of Stewart
Avenue, and
WHEREAS, the city wishes to undertake a project to preserve
Stewart Avenue and to provide long term stability to this area,
which is adjacent to a 1977 landslide repair undertaken by the
city, and
WHEREAS, the road stabilization project cost has been estimated
at $348,000, and
WHEREAS, the city submitted this as Project 11 in its application
to the New York State 1993 Disaster Relief Program and received
partial funding for the amount of ($348,000 x 58.257% =)
$202,734; now, therefore, be it
RESOLVED, That Capital Project #288 Stewart Avenue Stabilization
be established in the amount of $348,000 to fund the
stabilization of Stewart Avenue and provide long term stability
in the area, and be it further
RESOLVED, That the said Capital Project be funded as follows:
New York State Emergency Relief Program $202,734
City of Ithaca Issuance of Serial Bonds $145,266
$348,000
Carried Unanimously
Planning and Development - Use of City Property for Day Care -
Report
Alderperson Booth stated that the Day Care project which is part
of the Federal funding application that the Council voted on
earlier is likely to be located on a piece of land used by the
Water Department.
* 20.10 Youth Bureau - Request to Amend 1994 Budget for Youth
Development
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca Youth Bureau has been advised by the
Joint Youth Commission of the Town of Ithaca and Village of
Lansing that the Commission will provide $8,500 to the Youth
Bureau's Summer Municipal Jobs Program, and
WHEREAS, the expansion of the Municipal Jobs Program would allow
ten additional teenagers from the Town of Ithaca and Village of
Lansing to participate in the program; now, therefore, be it
RESOLVED, That the 1994 Youth Bureau Youth Development Budget be
amended as follows:
Increase Revenue Account
A2070 Contributions for Youth $8,500
Increase Appropriation Accounts
A7310-120-1202 Hourly P/T 5,900
A7310-210-1202 Office Equipment 2,045
A9030 Social Security 451
May 4, 1994
A9040 Workers' Comp. 104
Carried Unanimously
* 20.11 Youth Bureau - Request to Amend 1994 Youth Bureau
Personnel Roster
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, the 1994 Youth Bureau Budget included the funds
necessary to pay for three DPW positions that are being used by
the Youth Bureau and GIAC for Youth Bureau custodial services,
and
WHEREAS, the positions were never transferred from the DPW Budget
to the Youth Bureau Budget, and
WHEREAS, the transfer of these three positions will provide full
authority to the Youth Bureau in the hiring, supervision and
discipline of the custodial positions; now, therefore, be it
RESOLVED, That the 1994 DPW and Youth Bureau Authorized Personnel
Rosters be amended as follows:
DPW Personnel Roster:
Delete: Two (2) custodial worker positions
One (1) maintenance worker position
Youth Bureau Personnel Roster:
Add : Two (2) custodial worker positions
One (1) maintenance worker position
Carried Unanimously
* 20.12 Youth Bureau - Request to Amend 1994 Budget for NYS
Grant
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca's Youth Bureau has received final
approval of $19,230 in grant funds from the New York State
Department of Social Services, and
WHEREAS, these funds will allow a cooperative project to be
undertaken between GIAC and the Southside Community Center to
conduct community building activities and a needs assessment for
residents of the north side and south side neighborhoods; now,
therefore, be it
RESOLVED, That the 1994 GIAC Budget be amended as follows:
Increase Revenues:
Account A3820 - State Aid Youth Programs $19,230
Increase Appropriations:
Account A7311-120-1100 Hourly P/T $12,949
Account A7311-435-1100 Contractual 6,100
Account A7311-460-1100 Program Supplies 181
Carried Unanimously
* 20.13 Fire Department - Request to Approve Assistant Chief's
Contract
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That the Agreement between the City of Ithaca and the
Assistant Fire Chief's Unit for a new four-year contract
commencing January 1, 1994 and expiring on December 31, 1997, be
approved as recommended by the City's Negotiating Team, and that
the Mayor and City Clerk be authorized and directed to sign and
execute the contract on behalf of the City under its Corporate
Seal.
Carried Unanimously
* 20.14 Finance/Chamberlain - Request to Approve Expungement of
Penalty on Taxes
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the property owner of 220 East State Street has filed a
request to waive a $118.30 penalty on tax bills, stating that a
May 4, 1994
duplicate payment was made on another of the property owner's
properties, when in fact, the payment was intended for the 220
East State Street property, and
WHEREAS, the City Chamberlain has researched the request and
agrees with the property owner and is recommending a waiver of
the penalty; now, therefore, be it
RESOLVED, That the Common Council hereby expunges the $118.30
penalty on tax bills for the property owner at 220 East State
Street.
Carried Unanimously
* 20.15 Finance/Controller - Request to Standardize on Computer
Hardware
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, uniformity, compatibility and economics to
approve the Standardization of Hewlett Packard computer hardware
for the Finance Department's financial computer system, and
WHEREAS, a significant capital investment has been made for other
City departments Hewlett Packard computer systems, and
WHEREAS, the City's current financial hardware equipment and
software programs can be effectively and economically converted
to a Hewlett Packard computer system; now, therefore be it
RESOLVED, That pursuant to Section 103, subdivision 5 of the
General Municipal Law of the State of New York, this Common
Council hereby authorizes the standardization of Hewlett Packard
computer hardware as the type of computer hardware to be used and
purchased by the City of Ithaca Finance Department.
Carried Unanimously
* 20.16 Attorney - Request to Approve Salary Increase for
Confidential Secretary
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the position of Confidential Secretary to the City
Attorney be reallocated from Grade 1 of the Confidential
Employees Compensation Plan to Grade 3 of the Confidential
Employees Compensation Plan, and be it further
RESOLVED, That the Salary of Cindy Wasleff be increased by eight
(8%) percent to $19,809 to correspond with the position
reallocation, and be it further
RESOLVED, That $960 be transferred from Unrestricted Contingency
to Account 1420-110 for the balance of 1994.
Carried Unanimously
* 20.17 Attorney - Adoption of Local Law Extending the Term of
the Mayor from Two Years to Four Years - Call for Public Hearing
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That a public hearing will be held at the Common
Council Chambers at the City of Ithaca at 7:00 p.m. on the 18th
day of May, 1994 at the regularly scheduled Budget &
Administration Committee Meeting in the matter of the adoption of
a local law extending the term of the Mayor of the City of Ithaca
from two (2) years to four (4) years; and be it further
RESOLVED, That the City Clerk should 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 described in the proposed
action. This notice shall be published once at least 7 days
prior to the public hearing.
Carried Unanimously
May 4, 1994
* 20.18 Attorney - Plum's Outdoor Dining Permit
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the owners of Plum's Restaurant, 112 North Aurora
Street, have requested a license to allow that restaurant to
utilize certain areas along North Aurora Street, and
WHEREAS, the Board of Public Works has approved Plum's Restaurant
request that they be granted a license to use 100 square feet of
right-of-way comprised of two areas 5' x 10' on either side of
the entrance until October 31, 1994, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to permit said restaurants use of this public area
for outdoor dining, which is proposed to include the responsible
sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, for the year 1994, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and Plum's Restaurant
that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefor, including minimum
Dram Shop coverage in the amount of $500,000.00 and Commons
Advisory Board approval for outdoor dining permits. (License
Agreement on file in the City Clerk's Office).
A vote on the resolution resulted as follows:
Ayes (8) - Johnson, Schroeder, Thorpe, Mackesey, Efroymson,
Shenk, Gray, Sams
Nay (1) - Booth
Carried (8-1)
* 20.7 DPW - Request to Approve Strand Parking Lot (Lot X)
Agreement and Funding for Parking Lot Equipment
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That the Mayor is hereby authorized to execute the
lease between the City of Ithaca and RHP Properties, Inc.,
pursuant to which the City would be leasing premises known as
310-312 East State Street to be used by the City as a public
parking lot.
Extensive discussion followed on the floor with Alderpersons
stating their opposition to a parking lot on this site.
A vote on the resolution resulted as follows:
Ayes (0)
Nays (9) - Booth, Johnson, Mackesey, Shenk, Sams, Thorpe,
Motion Failed
20.19 DPW - Request to Amend Capital Project
Alderperson Booth withdrew this item from the agenda.
NEW BUSINESS:
* 21.1 Community Planting - Release of Contingency Funds
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, Common Council placed $1,000 in the 1994 Restricted
Contingency Account to fund the establishment and implementation
of a community planting program, and
WHEREAS, the community planting program has been established by
Common Council and approved, in concept, by the Vice-Chair of the
Board of Public Works and the City Forester to assist in the
beautification of the City, and
May 4, 1994
WHEREAS, the established planting program would allow city
residents to plant in public spaces and receive reimbursement (up
to $75) for related costs; now, therefore, be it
RESOLVED, That $1,000 be transferred from Account A1990
Restricted Contingency to Account A7111-485 Parks and Forestry,
trees and shrubs account, to fund said community planting
program.
Alderperson Efroymson explained how this program will operate.
Alderperson Booth stated for the record that this reimbursement
is for materials, not for the resident's work on the planting
program.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Common Council adjourn into Executive Session to
discuss a possible legal action.
Carried Unanimously
ADJOURNMENT:
Common Council reconvened in Regular Session an 11:40 p.m. and
adjourned the meeting at 11:45 p.m. with no actions being taken
from the Executive Session.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor