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HomeMy WebLinkAboutMN-CC-1995-02-01February 1, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. February 1, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Efroymson, Shenk, Schroeder, Gray, Hanna, Thorpe, Mackesey, Sams OTHERS PRESENT: City Controller - Cafferillo Deputy City Controller - Thayer City Attorney - Guttman Deputy City Clerk - Holcomb Planning and Development Deputy Director - Sieverding Youth Bureau Director - Cohen Police Chief - McEwen Building Commissioner - Eckstrom Board of Public Works Commissioner - Reeves Superintendent of Public Works - Gray Assistant City Attorney - Kennedy Preservation/Neighborhood Planner - Chatterton PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the January 4, 1995 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the January 4, 1995 Common Council Minutes be approved as published. Carried Unanimously ADDITIONS TO AND DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested the addition of Item 18.16 - Funding for Youth Bureau HVAC/Acoustics Project - Resolution. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing Regarding the 1995 Community Development Block Grant Application Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing regarding the 1995 Community Development Block Grant Application be declared open. Carried Unanimously Planning and Development Deputy Director Sieverding briefly described the programs included in the 1995 Community Development Block Grant Application. Mrs. Florence Hoard addressed Council and stated that as a member of the Centennial Committee and Beautification Committee she had the opportunity to see many of the backyard gardens in the Southside area. She urged Council and the Planning Department to encourage the gardeners in that area to become involved with the improvement projects. She stated that she has talked with Agway about the possibility of donating seeds so the children of the Southside area could participate in a gardening project. Mayor Nichols noted that there will be a final public hearing and a vote on the 1995 Community Development Block Grant Application at the February 8, 1995, Special Common Council meeting. Resolution to Close Public Hearing February 1, 1995 By Alderperson Mackesey : Seconded by Alderperson Gray RESOLVED, That the Public Hearing regarding the 1995 Community Development Block Grant Application be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Nichols requested Council approval for the re-appointment of Betsy Darlington, 204 Fairmount Avenue; Judith W. Jones, 112 East York Street; Paul Salon, 318 Park Street; and, for the appointment of Maria Iannacome Coles, 502 Warren Place to the Conservation Advisory Council with terms to expire December 31, 1996. Resolution By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That Common Council approves the re-appointment of Betsy Darlington, Judith W. Jones, Paul Salon, and the appointment of Maria Iannacome Coles to the Conservation Advisory Council with terms to expire December 31, 1996. Carried Unanimously Parks Commission Mayor Nichols requested Council approval for the re-appointment of Graham Kerslick, 214 Lake Avenue, with a term to expire December 31, 1997, and the appointments of John L. Ullberg, 106 Dunmore Place; Scott Withiam, 571 Spencer Road, with a terms to expire December 31, 1997; and Rick Manning, 114 Dey Street, with a term to expire December 31, 1995. Resolution By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re-appointment of Graham Kerslick with a term to expire December 31, 1997, and the appointments of John L. Ullberg and Scott Withiam, with terms to expire December 31, 1997; and Rick Manning with a term to expire December 31, 1995. Carried Unanimously Postal Committee Mayor Nichols stated that in accordance with the agreement that was reached with the Postal Service, an advisory group has been created and Alderperson Mackesey will serve as the City's representative. Committee on the Electronics Future Mayor Nichols stated that a new committee is being formed at the County level to address issues relating to the electronics future. Alderperson Efroymson, and Doug Foster from the Planning Department have been selected to serve on this committee. Changes in Standing Committees: Mayor Nichols noted that he has changed the name of the Youth Committee to the Youth and Human Services Committee after requests from Human Service Agencies. Mayor Nichols further noted that he has changed the name of the Inter-Institutional Committee to the Inter-Institutional and Community Information Committee to address information management and public access needs within the community. Mayor Nichols stated that he has made changes in the following committees of Common Council as noted: Budget and Administration Committee - Roey Thorpe will replace Rick Gray Planning Committee - Rick Gray will replace Roey Thorpe Economic Development Committee - Roey Thorpe will replace Rick Gray February 1, 1995 Inter-Institutional and Community Information Committee - Rick Gray will replace Roey Thorpe Alderperson Efroymson requested that Council members be given a list of the vacancies on committees, commissions and boards to assist them in filling these vacancies. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Buildings Permits for Cornell University Mr. Edward M. Ritchie, Business Representative for Painters Local 178, addressed Council to express his concern regarding the fact that painters, carpenters and other trades people are being laid off from work due to the building permit problems with Cornell University. He stated that the worker's benefits, such as heath insurance, and pensions, are dependent upon the amount of time they work. He urged the Mayor and Council members to work toward a quick solution to this problem to protect the trades people and their benefits. Cornell University Tax Exempt Status Ms. Faye Gougakis, 412 East Tompkins Street, addressed Council to express her concerns regarding high property taxes, high rents, and the crime rate, which she feels is directly related to Cornell University's tax exempt status, and their lack of financial support to the City. TV Cable Franchise Mr. Will Kone, 203 Madison Street, addressed Council regarding the TV Cable business. Mr. Kone stated that he thinks the City should stay out of the cable business by not subsidizing the monopoly, and encouraging competition in this field. Mr. Kone further stated that he would like to serve on a City committee. Cornell University Mr. Don Lifton, Town of Ithaca resident, former member of the Cornell Board of Trustees, addressed Council regarding the matter of City/Cornell relations. Mr. Lifton stated that he feels that Cornell University should be held to the zoning laws, but urges the City and Cornell to be expeditious so that the working community is not harmed. He further urged the City to continue to seek payments in lieu of property tax from the University. Ithaca Performing Arts Center Mr. Chris Tate, Managing Director, Ithaca Performing Arts Center (IPAC), stated that IPAC has received a grant from the NYS Council of the Arts for $10,000. The initial funding request was $5,000., which the Council doubled in an unusual step. Mr. Tate requested that money the City has placed in restricted contingency for IPAC be released. Mr. Tate further requested that a Council Liaison be assigned to the Ithaca Performing Arts Center. Alderperson Johnson stated that the City has an Arts Committee that he is the liaison for, and he offered to be the liaison for IPAC as well. RESPONSE TO PUBLIC: Cornell University Mayor Nichols stated that the only building permit Cornell University has requested which has not been approved is the Olin Hall project. One other small project building permit has been granted for Upson Hall. He further stated that a Committee has been appointed to review the zoning issues. TV Cable Business Alderperson Gray stated that the Franchise Agreement the City has with Time Warner is a non-exclusive agreement, which means that any cable company could establish itself in Ithaca. February 1, 1995 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported that the following matters were approved by the Board in January: Designation of an interim program for emergency pedestrian routes during snow emergencies. Ithaca Fire Department parking lot changes, including removal of parking meters, establishment of permit parking, and signage installation denoting specific traffic patterns to allow emergency vehicles to exit the lot in a safer manner. The curb alignments at North Tioga and Farm Streets have been made permanent. The Board has been requested to consider the same configuration at North Tioga and East Tompkins Street. The emergency snow routes list has been revised. The Cass Park Union Field lights meeting has been scheduled for Monday, February 6, 1995. COMMUNICATIONS FROM THE MAYOR: M & T Bank Pledge Mayor Nichols noted that he distributed the M & T Bank pledge to Tompkins County and the City of Ithaca to Council members. He stated that the pledge relates how M & T Bank will assist the community in its present credit needs, and be a responsible and productive member of the community. Mayor Nichols stated that the pledge includes an agreement to create an advisory committee consisting of six people; three bank representatives, and three City representatives. Jeff Furman, has been appointed as Chair, and Barbara Mink from the Board of Representatives, and Rhoda Mader from Cooperative Extension have also been appointed to this committee as City representatives. REPORT OF CITY CONTROLLER: Governor's Budget Message City Controller Cafferillo reported that the Governor's budget was presented today. The primary area where the City and the City's budget would be affected relates to the 10% increase in State Aid that was talked about in last year's budget, but was not fixed in place at that time. The Governor referred to this program as an unfunded initiative, that was contributing to the projected $5 billion budget imbalance for 1995-96. Under the circumstances at the time, the projected $145,617 was incorporated into the City's 1995 budget. The discussion today was to freeze aid to localities at last years level, which would mean that unless this amount was included and enacted as a part of the State 1995-96 budget, we would not receive those dollars. Mr. Cafferillo stated that he will continue to work with the Conference of Mayors and urge that the Governor's budget be amended to reinstate this additional aid to localities. City Controller Cafferillo also reported that he took bids two weeks ago on the February borrowing so that the City would miss the anticipated rate increase by the Federal Reserve. We received representative bids 10 basis points below the average national re-offering rate. Our proceeds from said borrowings and dollars were invested in very short term paper so that we would be able to take advantage of the interest spike that will take place tomorrow as a result of a rate increase that was put forth today. He stated that all of our borrowing is committed so the City will not be impacted by the additional increases. PLANNING COMMITTEE: * 15.1 1995 Planning Department Work Program By Alderperson Schroeder: Seconded by Alderperson Thorpe WHEREAS, the Department of Planning and Development's proposed 1995 Work Program has been reviewed by the Planning and February 1, 1995 Development Board and the Planning Committee; now, therefore be it RESOLVED, that the Common Council designate the following as the Department's priority projects for 1995, with highest priority to be given to those projects indicated with an asterisk: Continue Long-Range Planning Projects: --Inlet Island Land Use Plan* --Southwest Area Land Use Study --Northside Land Use Plan --Geographic Information System --Six Mile Creek Valley Land Acquisition Meadow Street Area Land Use and Rezoning Study (completion & implementation) Rezoning of Cornell University* Transportation Issues: --Possible Move of County Offices Downtown: Parking and Traffic Issues (including possible new --City Bicycle Plan --Route 13 and Route 96 Projects: Coordination with DoT as necessary Neighborhood Protection: --Statistical Analysis of Neighborhood Trends (to help identify existing pressures and problems) --Traffic Calming East of Meadow Street (menu of ideas for a one- or two-block pilot pro Housing Issues: --Statistical Analysis of Housing Affordability T --Work with Non-Profit Agencies to Expand Supply of Affordable Housing --Identify Vacant Sites in City Suitable for Future Affordable Housing Projects --Investigate Feasibility of Affordable Housing Overlay Zoning District Economic Development: --Local Development Corporation* --Expansion of Cherry Street Industrial Park --Sale of City Land (Northside triangular block, B.T. Glass, City Hall Annex, other small parcels) Discussion followed on the floor regarding the proposed work program. A vote on the resolution resulted as follows: Carried Unanimously Allan H. Treman State Park Environmental Impact Statement and Master Plan - Report Alderperson Schroeder reported that New York State Parks is in the process of finalizing their master plan for Allan H. Treman State Marine Park. The State presented the Planning Committee a new map that will be part of the final plan that they are preparing. Alderperson Schroeder stated that the State has reduced the marina parking lot from 388 spaces to 250 spaces. They are still proposing to slightly increase the size of the boat launch parking lot, but it would not require the removal of the sycamore trees, and would be paved in gravel rather than asphalt. They are still proposing a new access road to the park and they have provided the committee with a tally of trees that would be impacted, and that results in the net increase of at least 100 trees. The State is no longer proposing widening the entrance to the marina, or that sewer pump-out stations be near the picnic area. They are also no longer proposing a hard dock February 1, 1995 on the north side of the marina near the picnic area, but rather floating docks which would be removed in the winter. Alderperson Schroeder noted that the material will be distributed to Council once it is finalized. Meadow/Fulton Street Re-zoning Alderperson Schroeder reported that staff is proposing a series of urban design ideas that could have a positive impact on the Meadow/Fulton Street area. As proposed, the east/west streets, east of Meadow Street, would retain the tree line character of the residential blocks of Buffalo and Seneca Streets. Fulton and Meadow Streets would maintain a street face of buildings, directly abutting the street with parking to the side or behind the buildings. The idea of trying to expand the commercial area on the east side of Meadow Street has been dropped with a possible exception of vacant lots, in an attempt to preserve the residential areas in that part of the city. A solid barrier, fence, or landscaping, would be installed between the commercial area along Meadow Street and the residential areas of these blocks. Alderperson Schroeder also noted that these ideas are going to be reviewed by a client committee which will have heavy representation from businesses and residents living in that area of the City. Bed and Breakfast Ordinance - Report Alderperson Schroeder reported that the Planning Committee is working on an ordinance that would establish Bed and Breakfasts as an allowed use by special permit by the Board of Zoning Appeals in certain zoning districts in the City. * 15.5 Purchase of Tax Sale Parcels Relevant to Proposed Substitute Parkland - Report and Possible Resolution This item will be considered in the Executive Session at the end of the meeting. INTER-INSTITUTIONAL COMMITTEE: * 17.1 Time Warner Request for Transfer of Franchise Agreement By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, on or about November 1, 1994, Time Warner Entertainment Company, L.P. which is the parent of Time Warner Cable, the franchisee under our Cable Franchise, advised the City of Ithaca that it intended to enter into an agreement with Advanced Publications and Newhouse Broadcasting Corporation to create a new joint venture cable operation to be known as Time Warner Entertainment-Advanced/Newhouse. Advanced/Newhouse would contribute all of their cable television systems, serving 1.4 million customers, and Time Warner Cable would contribute cable systems with 2.8 million customers for a total of 4.2 million customers which would be served by the new adventure, and WHEREAS, the joint venture would be managed by Time Warner Cable and be two-thirds owned by Time Warner and one-third owned by Advanced/Newhouse, a partnership of Newhouse Broadcasting and Advanced Publications, Inc. An executive committee with proportional representation from Time Warner and Advanced/Newhouse will oversee the joint venture. Time Warner Cable further advised the City that the transfer of the Franchise to the Time Warner Entertainment-Advanced/Newhouse partnership would have no affect on the ongoing local management of the cable system, that there would be no adverse affects on the cable system or its customers, services, business practices or personnel, and WHEREAS, Time Warner Cable then forwarded to the City of Ithaca a detailed summary of the proposed franchise and requested that the City of Ithaca adopt a resolution authorizing and consenting to the transfer of the franchise and the cable television system operation pursuant to the franchise, and February 1, 1995 WHEREAS, this issue was referred to the Ithaca City Cable Commission for its advice and recommendations, and WHEREAS, the Ithaca City Cable Commission submitted a report to the Inter Institutional Committee of Common Council on January 14, 1995, and WHEREAS, the report of the Ithaca City Cable Commission specifically stated that on September 12, 1994, it had unanimously passed a resolution, a copy of which is attached to the report alleging that certain subscribers were improperly charged for Cable Plus at a $1.74 per month from the date in which they ordered the service until the date the service was actually scrambled on September 12, 1994 and calling on Time Warner Cable to immediately refund this $1.74 month, pro rated for partial months, to all customers who were charged for this service prior to September 12, 1994; and WHEREAS, the report from the Ithaca City Cable Commission further states that on October 25, 1994, the Ithaca City Cable Commission unanimously passed a resolution objecting to Time Warner charging and itemizing as a separate franchise fee the $1.26 per month charge for access television and calling on Time Warner Cable to refund this so-called "franchise fee" as being an excess of the amount of franchise fee allowed by federal law; and WHEREAS, the report from the Ithaca City Cable Commission further states that on October 25, 1994, the Ithaca City Cable Commission passed unanimously another resolution alleging that Time Warner Cable has charged the 1994 access capital equipment budget (the 2% funds) for certain items marked "refurbishment" which in actuality represent equipment maintenance procedures; that this procedure is not in compliance with the requirement of good operating practice and calling on Time Warner Cable to abide by its repair responsibilities under the franchise agreement and refund the amounts charged for the two items of refurbishment to the 2% capital equipment fund, and WHEREAS, all of the above three resolutions were forwarded to Time Warner Cable, and WHEREAS, the report to the Inter Institutional Committee further alleges that the Ithaca City Cable Commission has asked Time Warner Cable to clarify the date of inception of the current franchise and to allow a representative of the City to inspect the undisclosed portions of Time Warner Cable's agreement with Advanced/Newhouse to ascertain in private and in confidence whether those provisions do not relate to the franchise as alleged by Time Warner Cable, and WHEREAS, according to the Ithaca City Cable Commission, Time Warner manager, Raymond McCabe, has orally replied that he does not agree with the resolutions, but that he has passed them on to Time Warner Cable's corporate legal department for reply, and WHEREAS, to date, neither the City of Ithaca nor the Ithaca City Cable Commission has received any further response from Time Warner Cable; now, therefore, be it RESOLVED, That this Council hereby determines to withhold its authorization and consent to the transfer of the franchise and the Cable Television System operating pursuant to the franchise from Time Warner Entertainment Company/Time Warner Cable to Time Warner Entertainment-Advanced/Newhouse partnership, unless and until the above issues have been satisfactorily responded to by Time Warner Cable, and be it further RESOLVED, That the City Clerk is hereby directed to forward a copy of this resolution to Time Warner Cable, the Ithaca City Cable Commission and the New York State Commission on Cable Television. February 1, 1995 Discussion followed on the floor with Jean Finley, Chair of the Cable Commission, explaining outstanding franchise violations and answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously * 17.2 Support for New York State Cable Commission By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, since 1973 the New York State government has sponsored the New York State Commission on Cable Television, which oversees cable television operation across the state, and WHEREAS, the New York State Commission on Cable Television has effectively provided assistance to local communities across New York State by supplying technical, legal, and regulatory expertise and up-to-date materials with respect to the rapidly changing field of cable television, and WHEREAS, the New York State Commission on Cable Television assists municipalities in negotiating and preparing favorable cable television franchise agreements with cable operators and in enforcing certain minimum technical and safety standards for cable television operation, and WHEREAS, the New York State Commission on Cable Television provides consumer protection information and services, mediates unresolved customer-cable operator disputes and regulates subscriber rates according to complex Federal Communications Commission formulae, and WHEREAS, the City of Ithaca, its staff, and residents have used and continue to use on a regular basis the abovementioned services offered by the New York State Commission on Cable Television , and WHEREAS, most funding for the New York State Commission on Cable Television does not come from the general tax levy, but rather from fees paid on revenues of the television operators; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca supports continuation of the New York State Commission on Cable Television and calls upon Governor George Pataki, Senator James Seward, and Assemblyman Martin Luster, and the other members of the Legislature to continue their support for the New York State Commission on Cable Television, and be it further RESOLVED, That the City Clerk be directed to transmit copies of the resolution to the abovementioned persons. Carried Unanimously City of Ithaca Presence on Internet - Report Alderperson Efroymson reported that Tom Hanna, Steve Worona and Bill Kaupe made a presentation at the last Inter-Institutional Committee meeting regarding the different types of information various municipalities are making available to the public through the computer Internet. A second presentation will be made at the February 10, 1994 City staff meeting. BUDGET AND ADMINISTRATION COMMITTEE: 18.1 An Ordinance Amending Section 60.61 "Removal of Abandoned or Illegally Parked Vehicles" of Article IV, Chapter 346 Entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That this Common Council hereby amends Section 60.61 "Removal of Abandoned or Illegally Parked Vehicles" of the City of Ithaca Municipal Code by replacing it with Chapter 346 "Vehicles and Traffic", Article IV Entitled "Removal of Abandoned or Illegally Parked Vehicles". It is the intent of Common Council to merely renumber these sections and therefore no February 1, 1995 substantial provision of these sections that is omitted or changed by reason of typographical, clerical or similar error shall be deemed repealed or modified by this action. ORDINANCE NO. 95 --- 346-34. Authority to impound vehicles. A. When any vehicle is parked or abandoned on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by the order of the Superintendent of Public Works or by order of the Ithaca Police Department. B. When any vehicle is found unattended on any highway, public parking lot or private property within the City where said vehicle constitutes an obstruction to traffic, a safety hazard or obstructs ingress and egress to private property, said vehicle may be removed by the order of the Superintendent of Public Works or by order of the Ithaca Police Department, or at the direction of the private property owner. 346-35. Storage and charges. A. After removal of any vehicle as provided in this Article, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner, or persons in charge of the vehicle, may redeem the vehicle upon payment to the responsible Wrecker Service facility of the amount of all expenses actually and necessarily incurred in effecting such removal not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible Wrecker Service facility for the cost of said charges. The owner, or persons in charge of the vehicle, may request a tow-away investigation by the City Attorney's Office and/or a hearing before an impartial officer designated by the City Attorney's Office to determine whether the towing of the vehicle was authorized by this Section. Such investigation and/or hearing shall be held within five business days after the request therefor. The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this Section. If it is determined that the tow was not authorized under this Section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges. If it is determined that the tow was not authorized under this Section, then the City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the order of the Superintendent of Public Works or by order of the Ithaca Police Department; in all other cases, such charges are recoverable in the appropriate civil court by the Wrecker Service facility from the private property owner who directed the tow. Where the tow is authorized by a private property owner, he or she shall receive notice of any hearing requested. If the owner, or persons in charge of the vehicle, do not claim the vehicle or request a review and/or hearing within fifteen (15) days of being notified of the tow, the City shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage February 1, 1995 fees and proceed to sell the vehicle at public auction as provided by law. Removal charges are hereby established as follows: Ordinary removal charges shall not exceed $45.00 total charge. "Ordinary removal" means the removal of any vehicle that does not require special equipment such as dollies, flat beds, ramps, jacks or slings. Special removal charges shall not exceed $65.00 total charge. "Special removal" means the removal of any vehicle that requires special equipment such as dollies, flat beds, ramps, jacks or slings. Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the use of a crane or other extraordinary equipment other than regular or special towing equipment. B. A fee not to exceed $15.00 may be charged by the Wrecker or Tow Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter, whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has been dispatched or arrives, but before the vehicle has been hooked up for towing or removal. C. A fee not to exceed $20.00 may be charged by the Wrecker or Towing Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. D. Storage fees not exceeding $10.00 per day or fraction thereof may be charged by the Wrecker or Towing Service after the vehicle has been stored for more than 24 hours. E. A schedule of fees as listed in this Section shall be posted in a conspicuous area on the premises of each Wrecker or Towing Service operator and shall be made available upon demand by the general public. 346-36. Notice of removal. The removal and the disposition of any vehicle removed as provided in this Section shall be reported without delay to the Ithaca Police Department by the responsible Wrecker Service facility, and it shall be the duty of the Ithaca Police Department to ascertain to the extent possible the owner of the vehicle or persons in charge of the vehicle and notify him or her of the following information as soon as practicable: A. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. C. That a review of the tow by the City Attorney's Office and/or a hearing before an impartial officer designated by the City Attorney's Office regarding whether the tow was authorized by this Section may be requested. D. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released February 1, 1995 from storage, unless it is determined that the tow was not authorized. E. That if the vehicle is not claimed or a review and/or hearing requested within fifteen (15) days, the City shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. 346-37. Procedure for other towing of vehicles. A. Except for instances involving property appurtenant to and obviously a part of a one-, two-, or three-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense (in all of which instances no further notice shall be required prior to towing or removal) the Superintendent of Public Works, the Ithaca Police Department and the Ithaca City Clerk shall not otherwise authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified in one (1) of the three (3) following ways: 1. By issuance of a duly authorized traffic ticket for illegal parking. 2. By written notice which shall be posted on the windshield of the vehicle and which sets forth the following information: a. That the vehicle is illegally parked, abandoned or in trespass, as the case may be; and b. That, if the vehicle is not first removed, it shall be towed after four (4) hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle; and c. The time and date when the notice was posted. 3. Posted signage on the premises meeting the following requirements: a. The notice must be prominently placed on the premises, and be continuously maintained on the premises for twenty-four (24) hours prior to the towing or removal of any vehicle from the premises. b. The notice must clearly indicate, in not less than two-inch high letters on a contrasting background that unauthorized vehicles will be towed away at the owner's expense. The notice must state clearly how long, if at all, or under what conditions, a vehicle may park before being towed or removed from the premises. c. The sign structure must comply with the provisions of Chapter 272, Signs. B. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure February 1, 1995 under Paragraphs 346-35 and 346-36 above. It is not intended by the removal procedure to deny a private property owner any and all remedies for the removal of trespassing vehicles on his/her private property which may currently exist at law, provided that such removal and subsequent disposition of the vehicle does not involve the City in any way. 346-38. Notwithstanding the above, the following procedures shall apply to the failure to plea or respond to parking violation notices. A. Whenever a person has been issued a notice of violation for a parking violation and has not responded in the manner described in the notice, the City Court or the Traffic Violations Bureau shall give the owner of the motor vehicle a second notice of the violation by regular first-class mail. B. The second notice shall include, at a minimum, the following information: 1. That the owner has a period of twenty (20) days from the issuance of the second notice in which to respond to the notice of violation for parking violation. 2. That failure to respond to the notice of violation for parking violations may result in the suspension and/or non-renewal of the owner's registration. 3. That failure to respond to the notice of violation for parking violation may subject the owner to additional penalties. 4. That failure to respond to the notice of violation for a parking violation shall subject the owner to a default judgment and additional penalties. 5. That submission of a plea of guilty to the parking violation makes the owner liable for the payment of the stated fine, additional penalties and any applicable mandatory surcharges. 6. That failure to respond to the notice of violation for parking violation may subject the owner to the impounding or immobilization of the owner's motor vehicle. 7. That failure to respond to the notice of violation for parking violation may result in the arrest of the owner upon a warrant issued by the court. 8. That failure to respond to the notice of violation for parking violation may subject the owner to collection fees by an outside agency. C. Default judgment. Where the City has given notice as provided above, failure to respond to a notice of violation for parking violations within ninety (90) calendar days from the date of violation, shall be deemed an admission of liability and shall, upon following the procedures set forth in Section 1806-a. of the Vehicle and Traffic Law of the State of New York, subject the owner to a default judgment being entered thereon in amounts not greater than the amount of the original fine, applicable surcharges, accrued penalties and any other provisions provided in the New York State Vehicle and Traffic Law. February 1, 1995 D. Whenever a person has failed to respond to at least five (5) separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by certified mail a notice to the effect that such person has failed to respond to at least five (5) separate notices of violation for separate parking violations and that the owner's vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such certified letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice including administrative overhead. The owner shall have ten (10) days from the date of mailing of such certified letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten day period, and thereafter the vehicle is found unattended, parked upon a street or on any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department giving authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or, it may be immobilized by or under the direction of an officer or designated employee of the Police Department in such a manner as to prevent its operation. 1. No such vehicle shall be immobilized by means other than the use of a device or mechanism which will cause no damage to the vehicle unless it is moved while the device or mechanism is in place. 2. It shall be the duty of the officer or designated employee of the Police Department immobilizing the vehicle, or under whose direct the vehicle is immobilized, to cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn an individual that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. 3. The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Traffic Violations Bureau concerning all outstanding parking violations against said person and paying the fee for the removal of the immobilization device or mechanism, if applicable, or removal and storage fees. Alternatively, the owner or person entitled to possession of such vehicle may secure the release of the vehicle by posting a bond equal to the amount of the accrued fines, penalties, surcharges, and all removal and storage charges or $1,000.00 whichever is less. 4. Immobilization, towing, and storage fees may be challenged in the City Court Traffic Violations Bureau in the same manner as charges of parking violations are heard and determined. Challenges to such fees must be submitted in person or in writing to the City Court or in writing to the Traffic Violations Bureau within twenty (20) days after the immobilization or towing of a vehicle. Failure to challenge the fees in a timely manner or to appear at a scheduled hearing shall constitute a waiver of the right to challenge such fees and a forfeiture of a bond or fees already paid. 346-39. Liability. February 1, 1995 The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in Section 239, Paragraph 2., Subdivision b. or e. of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him or her from the operator. 346-40. Number of public auctions. The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three (3) times per year at intervals of approximately four (4) months. Carried Unanimously * 18.2 DPW - Authorize Mayor to Sign Route 96 Utility Adjustments Agreement By Alderperson Booth: Seconded by Alderperson Mackesey WHEREAS, the State of New York's proposed rehabilitation and relocation of Routes 89 and 96 generally from Meadow Street to west of the Flood Channel in the City of Ithaca necessitate adjustment of various utility facilities; and WHEREAS, the state will relocate and replace in-kind utilities affected by the project as part of the expenses of said project, and WHEREAS, the state will also upgrade utilities within the project limits at City expense; now, therefore, be it RESOLVED, That the Mayor be and he hereby is authorized to enter into agreements for utility adjustments with the New York State Department of Transportation wherein the City agrees to accept full title and responsibility for utility adjustments resulting from the rehabilitation and relocation of New York State Routes 89 and 96 including but not limited to the following BETTERMENT upgrades at costs to the City as indicated by the following: 1) 12" water main on Fulton Street from Sta. 2+20 to 24+30 $79,775 2) 8" water main on Buffalo Street from Sta. 94 to Sta. 100 $3,520 3) Main sewer line up Fulton Street $425,000 and be it further RESOLVED, That said funds will be derived from Capital Project #506 Water Distribution System and Capital Project #606 Sewer Collection Improvement previously approved by Common Council at their January 4, 1995 meeting. Carried Unanimously * 18.3 DPW - Request to Amend 1995 Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1995 Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Supervisor of Refuse and Recycling Delete: One (1) Assistant Supervisor of Refuse and and be it further RESOLVED, That the position of Supervisor of Refuse and Recycling be assigned to the City Executive Association at Grade 2, and be it further February 1, 1995 RESOLVED, That James Kelley be appointed to the position of Supervisor of Refuse and Recycling at an annual salary of $32,946, effective February 6, 1995. Carried Unanimously * 18.4 Planning Department - Request to Authorize EPA Grant Application for Cascadilla Boathouse Project By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, In June, 1994, the City approved a $200,000 Capital Project for the stabilization of the Cascadilla Boathouse, contingent on the City's receiving $100,000 in Environmental Quality Bond Act Grant funds (of which $50,000 has been received from NYS and for which the City has applied for an additional $50,000), and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has notified the City that its application for the second EQBA Grant of $50,000, has been placed on hold, and WHEREAS, the City is eligible for an additional $50,000 grant, to replace the current grant application that is on hold, through the New York State Office of Parks, Recreation and Historic Preservation in accordance with Title 9 of the Environmental Protection Act of 1993; now, therefore, be it RESOLVED, That H. Matthys VanCort, as Director of Planning and Development of the City of Ithaca, is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $50,000, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to this municipality for the Cascadilla Boathouse Reconstruction project and a covenant to the deed of the assisted property, and be it further RESOLVED, That the required City matching share of $50,000 for this additional NYS grant under the Environmental Protection Act of 1993 shall be transferred to Capital Project #275 Cascadilla Boathouse Reconstruction for this purpose, contingent upon final approval and receipt of said grant funds, and be it further RESOLVED, That by this resolution and subject to its terms Common Council does hereby reaffirm its action of May 4, 1994 respecting the stabilization of the Cascadilla Boathouse. Discussion followed on the floor regarding the future of the Cascadilla Boathouse. A vote on the resolution resulted as follows: Ayes (8) - Booth, Johnson, Shenk, Hanna, Sams, Mackesey, Schroeder, Gray Nays (2) - Thorpe, Efroymson Carried * 18.5 Youth Bureau - Request to Amend 1995 Youth Development Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca Youth Bureau has been notified that the Town of Dryden will be assisting the City in funding the Youth Conservation Corps Program for the summer of 1995 in the amount of $3,680; now, therefore, be it RESOLVED, That the 1995 City of Ithaca Youth Development Budget be amended as follows: February 1, 1995 Increase Revenue Account: A2350 Youth Service - Other Governments $3,680 Increase Appropriation Accounts: A7310-120-1221 Hourly P/T $2,250 A7310-460-1221 Program Supplies 1,200 A9030 Social Security 172 A9040 Workers Compensation 58 and be it further RESOLVED, That the part-time position funded with this money will terminate when the funding for this program expires. Carried Unanimously * 18.6 Youth Bureau - Request to Amend 1995 Youth Development Budget By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the City of Ithaca Youth Bureau has been notified that Time Warner Cable will be assisting the City in funding the development of Youth Employment Opportunities for a limited number of community youth for 1995 in the amount of $1,722; now, therefore, be it RESOLVED, That the 1995 City of Ithaca Youth Development Budget be amended as follows: Increase Revenue Account: A2070 Contributions for Youth $1,722 Increase Appropriations Account: A7310-120-1202 Hourly P/T $1,564 A9030 Social Security 132 A9040 Workers Compensation 26 and be it further RESOLVED, That the part-time position funded with this money will terminate when the funding for this program expires. Carried Unanimously * 18.7 Youth Bureau - Request to Approve Expenditure of Funds for Youth Bureau Vans By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the Common Council approved the establishment of a capital project for the purchase of a new Youth Bureau van at its regular meeting of January 4, 1995, and WHEREAS, no expenditure of funds for the purchase of said van could be made until Common Council reviewed overall Youth Bureau van usage by both the Youth Bureau and GIAC; now, therefore, be it RESOLVED, That based upon the Budget and Administration Committee's review of overall Youth Bureau van usage, it has been determined that the Youth Bureau and GIAC need a total of six (6) vans to meet its current program needs, and be it further RESOLVED, That the Common Council hereby approves the $18,000 Youth Bureau van purchase, and be it further RESOLVED, That the Youth Bureau shall maintain a formal travel log which will record the overall van usage at both the Youth Bureau and GIAC. February 1, 1995 Discussion followed on the floor regarding handicap accessibility for the vans. A vote on the resolution resulted as follows: Carried Unanimously * 18.8 Finance - Controller - Collateral to Secure Deposits By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the collateral deposited by the Manufacturers and Traders Trust Company (M & T Bank) as reported, be approved as to form and sufficiency. Carried Unanimously * 18.9 Finance - Controller - Designation of Official Depository By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That pursuant to Section C-34 of the City Charter, the Manufacturers and Traders Trust Company (M & T Bank) be, and they are hereby designated as an official depository of City funds for the year 1995. Carried Unanimously * 18.10 City Attorney - Authorize Mayor to Sign Consent Order By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the State Department of Environmental Conservation has charged the City of Ithaca with violations of certain state laws and regulations covering the discharge of toxic substances from the City's water plant; and WHEREAS, the City and the Department of Environmental Conservation are desirous of resolving the matter through a consent decree providing for the establishment of a long range and short range plan to prevent such occurrences in the future and further providing for the payment of a fine in the amount of $5,000 in cash and $12,000 to be applied to an environmental benefit project; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to enter into a consent order with the Department of Environmental Conservation which provides for the payment of such fines, a compliance schedule and an acknowledgement of responsibility for a spill of chlorine into the water treatment plant's lagoons which resulted in an overflow to Six Mile Creek and other violations of the permit limits for discharge of chlorine as outlined in the consent decree with amendments, as negotiated by the City Attorney's Office in compliance with the directions from this Council. Carried Unanimously * 18.11 City Attorney - Authorize Mayor to Sign Sciencenter Lease This Item will be discussed in Executive Session at the end of the meeting. * 18.12 Planning Department - Request to Temporarily Amend 1995 Personnel Roster By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That based on a request initiated by the employee involved, the personnel roster of the Planning and Development Department is hereby temporarily amended by reducing the full- time position of the Environmental and Landscape Planner from 35 hours to 30 hours per week from January 1, 1995 to December 31, 1995, or for a shorter period as the Director of Planning and Development may determine, and be it further RESOLVED, That the Director of Planning and Development may return the position to its full-time status at an earlier date should he determine that the volume of work requires that the position return to its full-time, 35-hour per week status. Carried Unanimously February 1, 1995 * 18.13 Planning Department - Request to Amend 1995 Personnel Roster By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the Planning Department be amended as follows: Add: One (1) Planning Systems Manager Delete: One (1) Planner II and be it further RESOLVED, That the position of Planning Systems Manager be assigned to the CSEA Administrative Unit at Grade 21 ($28,979 - $33,361), and be it further RESOLVED, That Douglas Foster be provisionally appointed to the position of Planning Systems Manager at an annual salary of $33,361, effective February 1, 1995. Carried Unanimously * 18.14 City Attorney - Request Funds for Litigation Settlement - Executive Session This Item will be discussed in Executive Session at the end of the meeting. 18.15 City Attorney - Request Approval for Sale of Land - Report City Attorney Guttman reported that the City received a purchase offer from Mr. Mark Zaharis to purchase approximately a .33 acre parcel of land for the purchase price of $100,000. This parcel is the road bed of Brindley Street between Buffalo Street and West State Street. City Attorney Guttman stated that according to the Charter the City must publish a notice of sale three times in a period of thirty days before the land can actually be sold. The City Clerk's Office has already begun publication of that notice, and City Attorney Guttman requested that Council place this item on the March Common Council agenda for action regarding the purchase offer. * 18.16 Youth Bureau - Request to Amend Youth Bureau Acoustics/HVAC Project By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca Planning Department and Youth Bureau have received three project cost proposals from the Gent Engineering Firm for the Youth Bureau Acoustic and HVAC Remediation Capital Project, and WHEREAS, the costs of all three proposals were reviewed by the Planning Department, Youth Bureau, Controller's Office, and City Engineering Department, including construction costs, life expectancy costs, operating costs, and maintenance costs, and WHEREAS, the City staff recommends a total Capital Project for the Youth Bureau Acoustics and HVAC in the amount of $620,000, and WHEREAS, the recommended Capital Project includes the acoustic panel and tile remediation project and a ground source heat pump HVAC system with horizontal drop, and WHEREAS, Common Council has previously approved an amount of $182,000 for the Acoustic/HVAC System Project and the project inventory has a balance of $170,000, and WHEREAS, at the request of Common Council an ad-hoc committee has considered the question of whether or not relocating the Youth February 1, 1995 Bureau from the Cutia building to another location was desirable and feasible, and WHEREAS, said Committee has made the following findings: (1) The Youth Bureau successfully provides programs for youth at a variety of locations, including the Cutia building, GIAC, and through a growing relationship with the Southside Community Center. (2) The City's ability to get a competitive market response to the Cutia building is limited by the designation of the land under it as park land. (3) The lack of a suitable existing building in the downtown area make relocation there not financially feasible at this time. (4) The ad-hoc committee has therefore concluded that it is not feasible to relocate the Youth Bureau, and that the City should renovate the Cutia building. now, therefore be it RESOLVED, That Capital Project #244 Youth Bureau Acoustics/HVAC be increased by an amount not to exceed $438,000, to a total project cost not to exceed $620,000 for the Acoustic and HVAC System Remediation, and be it further RESOLVED, That the funds for said project be financed through the issuance of Serial Bonds. Extensive discussion followed on the floor regarding the Acoustics/HVAC project, and the many services the Youth Bureau provides. Mayor Nichols suggested that the matter of ventilation/air conditioning for the GIAC gym be referred to the Board of Public Works and the Budget and Administration Committee for their review and consideration. Youth Bureau Director Cohen spoke to Council regarding a HVAC study being done for GIAC. A vote on the resolution resulted as follows: Carried Unanimously NEW BUSINESS: * 20.1 Annual Youth Awards By Alderperson Mackesey: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca is committed to encouraging and nurturing its young people as much as possible; now, therefore, be it RESOLVED, That the City annually present awards to City of Ithaca youth in recognition of their special contribution to the community, and be it further RESOLVED, That the Youth and Human Services Committee create a committee structure, process, and criteria for these awards. Carried Unanimously * 20.2 Possible Acquisition of Land - Executive Session This item will be discussed in Executive Session at the end of the meeting. EXECUTIVE SESSION: By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That Common Council adjourn into Executive Session to discuss possible acquisition of land, a personnel item, and lease of land. Carried Unanimously February 1, 1995 REGULAR SESSION: Common Council reconvened in regular session and presented the following resolution: * 18.11 City Attorney - Authorize Mayor to Sign Sciencenter Lease By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca is the owner property commonly known as the Brick Dryer Building or the Old Vacuum Filter Building, being a brick building located easterly to the site currently being leased by the Sciencenter, which premises are currently being used by Recycle Ithaca Bicycles and the Department of Public Works, and WHEREAS, the Sciencenter, Inc., a not-for-profit corporation organized and existing under the laws of the State of New York, has requested permission to lease the said premises from the City of Ithaca for a term of three years commencing February 1, 1995, and WHEREAS, the Department of Public Works is capable of ceasing use of the premises on and after April 1, 1995. Therefore, after April 1, 1995, this property will not be needed for municipal purposes, and WHEREAS, the terms of the proposed lease between the City of Ithaca and the Sciencenter have been reviewed and approved by the Board of Public Works, and WHEREAS, Common Council of the City of Ithaca hereby determines that the use of these premises by the Sciencenter, Inc., will benefit the citizens of the City of Ithaca, and WHEREAS, significant renovations are needed to the building, which renovations, pursuant to the lease, are to be completed by the Sciencenter at the Sciencenter's sole cost and expense, and WHEREAS, considering the location and condition of the property, considering the renovations which are to be completed at the cost of the Sciencenter and benefit the City will receive by the completion of these renovations, and considering that the Sciencenter will be paying all utilities used on the premises, this Council hereby determines that the sum of $200.00 per month is a fair and reasonable rent; now therefore be it RESOLVED, That the Mayor is authorized to enter into a lease between the City of Ithaca and the Sciencenter, and be it further RESOLVED, That a capital reserve is hereby established for the purpose of financing the consolidation of the Department of Public Works, and be it further RESOLVED, That the revenue to be derived from said lease shall be placed into the said capital reserve for the purpose of the consolidation of the Department of Public Works. Ayes (9) - Booth, Johnson, Efroymson, Thorpe, Gray, Hanna, Schroeder, Shenk, Mackesey Nay (1) - Sams Carried ADJOURNMENT: On a motion the meeting adjourned at 10:15 p.m. Julie Conley Holcomb Benjamin Nichols Deputy City Clerk Mayor