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