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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