HomeMy WebLinkAboutMN-CC-1995-03-01March 1, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. March 1, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Shenk, Efroymson, Sams, Gray,
Thorpe, Schroeder, Mackesey, Hanna
OTHERS PRESENT:
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Clerk - Conley Holcomb
Planning and Development Director - Van Cort
Building Commissioner - Eckstrom
Police Chief - McEwen
Fire Chief - Wilbur
Superintendent of Public Works - Gray
Deputy City Controller - Thayer
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the February 1, 1995 Common Council
Meeting
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the February 1, 1995 Common Council
meeting be deferred until the April 5, 1995 Common Council
meeting.
Carried Unanimously
Approval of Minutes of the February 8, 1995 Special Common
Council Meeting
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the February 8, 1995 Special Common
Council meeting be deferred until the April 5, 1995 Common
Council meeting.
Carried Unanimously
ADDITIONS TO DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of Item 16.13 - Bond
Resolution Amendment - Resolution, and Item 16.18 -
Controller/Youth Bureau - Request to Amend Capital Project for
Van Acquisition - Resolution.
No Council member objected.
MAYOR'S APPOINTMENTS:
Community Police Board
Mayor Nichols requested Council approval for the appointment of
Kathleen Carrington, 409 Hancock Street to the Community Police
Board with a term to expire December 31, 1995.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointment of Kathleen
Carrington to the Community Police Board with a term to expire
December 31, 1995.
Carried Unanimously
Disability Advisory Council
Mayor Nichols requested Council approval for the following
appointments to the Disability Advisory Council: Larry Roberts,
301 South Geneva Street; Donna West, 508 Dryden Road, with terms
to expire December 31, 1997; and Stephen Kuusisto, 215 North
Cayuga Street, with a term to expire December 31, 1996.
March 1, 1995
Resolution
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That this Council approves the appointment of Larry
Roberts, Donna West and Stephen Kuusisto to the Disability
Advisory Council with terms to expire December 31, 1997 for Mr.
Roberts and Ms. West and December 31, 1996 for Mr. Kuusisto.
Carried Unanimously
Mayor Nichols announced that he has made the following
appointments which do not require Council approval:
Housing Board of Review
Mr. William Olney, 914 East State Street, with a term to expire
December 31, 1997.
Youth Bureau Advisory Council
Deb Traunstein, 163 Oakwood Lane, with a term to expire December
31, 1997.
PETITIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Allen H. Treman Marina and the Festival Lands
Ms. Doria Higgins, representing Citizens to Save Our Parks, spoke
to Council regarding the latest plans of Finger Lakes State Parks
to redesign Treman Marina which will be presented to Council in
the near future. She stated that there are many reasons why the
City should not give State Parks the fifteen acres of City-owned
land known as the Festival Lands, or the small adjacent parcel
called "Parcel B".
Ms. Higgins urged Council to protect this lovely piece of lake
front land which is enjoyed by many.
Planning Board Request for Attorney
Mr. Daryl Anderson, 1303 North Cayuga Street, spoke to Council
regarding the resolution to hire an attorney to assist the
Planning Board with the Wal-Mart review process. He encouraged
Council to have Wal-Mart pay for the attorney, and urged the
Planning Board to hire an attorney who will pro-actively support
the City's interest.
Ms. Jill Brantley, 613 Utica Street, spoke to Council regarding
the Wal-Mart decision making process. She stated that she
believes Wal-Mart should pay for the attorney that will assist
the Planning Board. She further stated that the Planning Board
will need additional and different expert opinions to produce a
final Environmental Impact Statement.
Ms. Maria Innacome Coles, 502 Warren Place, addressed Council
regarding the Planning Board request for an attorney. She stated
that she sees no conflict of interest in having Wal-Mart pay for
the attorney as long as all the other decisions, such as who the
attorney will be, etc., are left up to other people. She further
stated that this process may become very expensive through time,
and that the homeowners/taxpayers should not have the burden of
this expense, Wal-Mart should be responsible for it.
Ms. Anne Clavel, 109 Cornell Street, a member of the City
Planning Board, stated that the Planning Board needs an attorney
who is experienced in environmental law to help as the Board
moves forward with this procedure under CEQR. She requested that
it be clarified that the Planning Board would establish their own
procedures, perhaps in conjunction with the City Attorney, to be
able to contact this attorney.
Cornell/City Relations
March 1, 1995
Mr. Edward Ritchie, President of the Ithaca/Cortland Building
Trades, spoke to Council regarding the building permit issue
with Cornell University. He stated that in the last month they
have lost a $10 million job, Baker Laboratory, due to the lack of
a building permit. This job would have put 100 people to work at
the university. He further stated that these workers are now not
only out of work, but they are also at risk of losing health and
pension benefits.
Mr. Ritchie stressed the importance of building permits being
granted to Cornell University so that people can get back to work
and off the unemployment and social service rolls.
Child Abuse Prevention Month
Mr. Tom McDonald, an organizer of the "10,000 Promises for
Parents Program" in Tompkins County, thanked the Mayor and
Council for declaring April 1994 "Child Abuse Prevention Month".
He explained that last year was very successful and he is hopeful
that April 1995 will be the same.
Ithaca Performing Arts Center
Mr. Alan Cohen, 302 East State Street, member of the Fire House
Theater Board of Directors, addressed Council regarding the
release of funding for the three downtown theaters. He urged
Council to approve the release of funds for the Ithaca Performing
Arts Center.
Laurel Guy, 219 Elm Street, spoke to the Council in support of
the Ithaca Performing Arts Center.
Public Access Television
Robin Palmer, 206 Oak Hill Road, representative from Cayuga
Heights on the Tompkins County Intermunicipal Cable Commission,
spoke to Council regarding the public access studio on West Green
Street. He stated that there is an intolerable situation at the
access studio, namely the obscenities and libels that are
regularly aired on Channels 13 and 57. He gave several possible
solutions to the problems, such as establishing a short duration
archive, and creating an "adult" time frame.
Fiscal Mismanagement of the City
Mr. Will Kone, 5th Ward resident, spoke to Council regarding what
he believes is fiscal mismanagement of the City.
Mr. Kone also spoke in opposition to the idea of establishing a
public archive on access TV.
Wal-Mart
Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council
regarding the article in the Ithaca Journal regarding the
Tompkins County survey on Wal-Mart.
Ms. Gougakis also spoke regarding the City/Cornell relationship
and public access TV.
RESPONSE TO PUBLIC:
Alderperson Schroeder stated, for clarification, that the Marina
plan will not come to Council in April. The materials will be
submitted to Council in time for the April Planning Committee
meeting. There may be a presentation at the April Planning
Committee meeting, but the Committee will not begin to discuss
the plan until May.
Alderperson Schroeder also stated, for clarification, that the
lawyer the Planning Board has been working with on the Wal-Mart
case did not tell the Board that they had to hold only two days
of hearings or that the speakers had to be limited to five
minutes, that was the sole decision of the Planning Board. The
March 1, 1995
lawyer simply confirmed that it was legal to proceed in this
manner.
Alderperson Thorpe thanked the Planning Board and the citizens
who have spoken pro or con on the Wal-Mart issue.
Alderperson Thorpe thanked Mr. Ritchie for bringing his concerns
about his union members being out of work due to the City/Cornell
relationship. She stated that Cornell should also hear the
union's point of view.
Alderperson Booth stated that he attended the Planning Board
public hearings on Wal-Mart and he felt that the five minute
speaking limit, the opportunity to submit written comments, and
the Planning Board's willingness to allow people to speak again
after others had spoken was very fair and appropriate.
Alderperson Booth stated that in regard to the remarks made about
the fiscal mismanagement of the City, that this City is well
managed financially, and he would be willing to stake its
management of fiscal resources against any other community in the
State.
Mayor Nichols stated in regard to the City/Cornell relationship
issue, that over the last month the City has tried quite hard to
get information and negotiate, and has tried to speed this
process along which would have led, possibly, to the issuance of
a permit. The City received very little cooperation from Cornell
in that respect and has now been told that the window for
beginning that project has passed. Mayor Nichols stated that he
does not feel that the City is in any way responsible for that.
He believes there is an attitude that needs to be changed in
regard to the way the City is treated by Cornell University. He
urged the Unions to bring pressure on Cornell to be a more
responsible citizen.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported that the following resolutions were
passed by the Board of Public Works meetings in February:
The Board accepted design proposals for traffic improvements on
Cleveland Avenue so that the Community Development Block Grant
Application could be submitted.
The County Solid Waste Division sent out a letter with ideas for
community-wide re-use events ("Scavenger Days"). The Board is
interested in pursuing this type of event, but it presents a
hardship on the City budget and the trash crews if it is done as
a city-wide event which would take place over a week's time.
Lynn Leopold, from the Solid Waste Division suggested that the
City divide this project into neighborhoods/wards, and complete
it over a period of time rather than trying to do it all at once.
The Golf Course Management issue is still under negotiation and
is progressing. The Board passed a resolution to keep the 1995
golf course rates as they were in 1994.
The Board passed a resolution authorizing the Superintendent to
sign agreements required by the DoT in regard to improvements to
City-owned utilities as part of the Route 13 reconstruction
project.
The Board passed a resolution to award a bid for 1995 DPW Water
and Sewer projects in conjunction with the Route 96 project.
The Board passed a resolution acknowledging the work of the
Traffic Task Force, and it also adopted the general principles to
be used as guides in formation of a City policy on traffic
management in residential neighborhoods, focusing on, but not
limited to, streets experiencing heavy volumes of traffic. The
resolution also asks that a procedure be established to address
neighborhood concerns as well as the impacts of any proposed
March 1, 1995
changes in the neighborhoods. The procedure will include
obtaining comments from residents, feedback from the Police and
Fire Departments as well as technical analysis of the impacts.
The Commissioner for Traffic Issues together with staff will
consider four capital projects for traffic improvements, and this
report is scheduled for an August meeting. The resolution also
requested that the Mayor appoint a sub-committee to draft a
procedure for the Board to follow when processing requests for
changes in the traffic patterns.
COMMUNICATIONS FROM THE MAYOR:
Girl Scouts of America
Mayor Nichols reported that he has received a letter from the
Girl Scouts of America requesting that the Girl Scout flag be
flown on City Hall on March 14, 1995 which is the national "Girl
Scouts Be Your Best Day". No Council member objected.
REPORT OF CITY CONTROLLER:
New York State Conference of Mayors
City Controller Cafferillo reported that he attended the New York
State Conference of Mayors (NYCOM) Conference in Albany. He
stated that NYCOM has taken a very strong position opposing the
reduction in State aid per capita. NYCOM is going to continue to
pursue the possibility of having the aid reinstated.
Mr. Cafferillo stated that other areas that were discussed
related to reductions in CHIPS funding - the City would lose
approximately 7.5% of CHIPS aid.
Mr. Cafferillo said that there was another element that was
intended to provide a pension credit to local municipalities that
totaled approximately $120 million, which would attempt to
replace a portion of the retirement adjustments that were made
during the past several years under the State's revised actuarial
program. The State has now gone back to an aggregate system of
projecting retirement. The City will see substantial increases
in retirement obligations due December 15, 1995. This element
was supposed to reduce the impact of those increases to
municipalities. The State Comptroller has stated that even
though he supports an attempt to try to help localities, he
cannot support this mechanism. The State Comptroller filed an
action against the projected unit cost method and won, and the
City is now in a position of having to pay back a portion of the
retirement charges which were not paid over the past three years.
Mr. Cafferillo further stated that one of the favorable elements
that was discussed related to a retirement incentive program.
The Assembly, Senate and the Governor's Office have agreed on an
early retirement incentive proposal and they have agreed to
extend this incentive to local municipalities at their option.
The City has not received the packet explaining the proposal at
this time.
Mr. Cafferillo reported that the other beneficial discussion
related to mandate relief. The Governor's budget had several
mandate relief items, most of which would assist Counties. Both
the Governor and the Majority Leader of the Senate felt that the
Counties would provide a spin-off effect, which would in turn
assist other municipalities within their jurisdiction.
Water and Sewer Improvements
City Controller Cafferillo noted that a water and sewer
improvements project has already been approved in conjunction
with the Route 96 project - $2 million for sewer collection
system improvements, and $1 million for water system distribution
improvements. There is a State revolving fund that may provide a
beneficial vehicle under which the City could borrow the money
necessary to provide these improvements and potentially borrow on
a long term basis. More time is needed to evaluate whether or
March 1, 1995
not the use of the State revolving fund will benefit the City,
but the application filing deadline is March 15, 1995.
Mr. Cafferillo stated that he is meeting with a representative
from the State tomorrow. He has asked for the economic
projections and comparisons, but in the interest of extending the
City the opportunity to utilize this program, an amendment must
be made to a bond resolution that Council passed in January. The
City has already pre-financed the monies necessary to do a
portion of this work on bond anticipation notes. This does not
preclude the City from utilizing this vehicle if Council choose
to do so, but we are required to have this resolution in place in
order to qualify for the program.
Mayor Nichols requested that items 16.16 and 16.10 from the
Budget and Administration Committee be moved forward:
* 16.16 City Attorney/Planning - Request Funds for Legal Counsel
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That an amount not to exceed $10,000 be transferred
from Account A 1989 Unrestricted Contingency to Account A 1420-
435 City Attorney Contracts for the purposes of providing legal
services to the City Attorney's Office and Planning Board
respecting Wal-Mart's application for site plan approval and that
the City Attorney shall oversee and manage the use of these
funds.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That the word "and" in the second to the last line be
deleted and that a comma be added after the word "approval" and
that after the word "funds" the following wording be added: "and
that the Planning Board and the City Attorney shall jointly
determine procedures through which the Board will utilize the
services of this attorney."
Carried Unanimously
Extension discussion followed on the floor regarding who should
pay for this attorney.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 16.10 Common Council - Request to Release Funds for Theaters
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the 1995 City of Ithaca Budget included $20,000 placed
in the Restricted Contingency Account for Other Community Service
Funding for the Kitchen Theater ($4,000), the Firehouse Theater
($4,000), and Ithaca Performing Arts Center (IPAC) ($12,000), and
WHEREAS, the Kitchen Theater, the Firehouse Theater and IPAC have
requested release of their 1995 Restricted Contingency Funding,
and
WHEREAS, the panel for City Support of Downtown Theaters has
reviewed and approved the requests in the areas of governance,
staffing/administration, management practices, programming, and
financial management practices; now, therefore, be it
RESOLVED, That an amount not to exceed $16,000 be transferred
from Account A 1989 Restricted Contingency to Account A 1012-435
Other Community Services Funding, allocated as follows:
Kitchen Theater $4,000
Firehouse Theater $4,000
IPAC $8,000
and be it further
RESOLVED, That the Mayor be authorized to sign the appropriate
Other Community Services contracts for the said agencies.
March 1, 1995
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Efroymson
RESOLVED, That a fourth Whereas clause be added to the resolution
to read as follows:
"WHEREAS, the State Theater is a very important historic building
located in the downtown business district, the presence of which
supports the vitality of that district", and
In the first Resolved clause change IPAC's money to $6,000, and
In the second Resolved clause add at the end of the sentence the
following words: "agencies, with the provision in the contract
for IPAC, that the funds be applied to an existing debt with
NYSE&G."
Extensive discussion followed on the floor regarding the contract
with IPAC. Mr. Chris Tate addressed Common Council regarding
theater operations and the funding request.
Amendment to the Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Shenk
RESOLVED, That the Amending Resolution be amended as follows:
RESOLVED, That the first Resolved clause be amended to restore
IPAC's funding to $8,000.
Discussion followed on the floor regarding IPAC's funding.
A vote on the Amendment to the Amending Resolution resulted as
follows:
Ayes (6) - Schroeder, Hanna, Gray, Sams, Shenk, Thorpe
Nays (4) - Johnson, Mackesey, Booth, Efroymson
Carried
A vote on the Amending Resolution as Amended resulted as follows:
Ayes (9) - Schroeder, Hanna, Gray, Sams, Shenk, Thorpe,
Johnson, Mackesey, Efroymson
Nay (1) - Booth
Carried
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Schroeder, Hanna, Gray, Sams, Mackesey,
Nay (1) - Booth
Carried
The Main Motion as Amended shall read as follows:
WHEREAS, the 1995 City of Ithaca Budget included $20,000 placed
in the Restricted Contingency Account for Other Community Service
Funding for the Kitchen Theater ($4,000), the Firehouse Theater
($4,000), and Ithaca Performing Arts Center (IPAC) ($12,000), and
WHEREAS, the Kitchen Theater, the Firehouse Theater and IPAC have
requested release of their 1995 Restricted Contingency Funding,
and
WHEREAS, the panel for City Support of Downtown Theaters has
reviewed and approved the requests in the areas of governance,
staffing/administration, management practices, programming, and
financial management practices, and
WHEREAS, the State Theater is a very important historic building
located in the downtown business district, the presence of which
supports the vitality of that district; now, therefore, be it
RESOLVED, That an amount not to exceed $16,000 be transferred
from Account A 1989 Restricted Contingency to Account A 1012-435
Other Community Services Funding, allocated as follows:
Kitchen Theater $4,000
Firehouse Theater $4,000
March 1, 1995
IPAC $8,000
and be it further
RESOLVED, That the Mayor be authorized to sign the appropriate
Other Community Services contracts for the said agencies, with
the provision in the contract for IPAC, that the funds be applied
to an existing debt with NYSE&G.
RECESS:
Common Council recessed at 9:10 p.m. and reconvened into regular
session at 9:20 p.m.
YOUTH AND HUMAN SERVICES COMMITTEE:
Child Abuse Prevention Month
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, Common Council has previously declared April Child Abuse
Prevention Month in the City of Ithaca, and
WHEREAS, this follows both state and national commitments made to
declare each April Child Abuse Prevention Month, and
WHEREAS, last year's declaration by the City of Ithaca proved to
be of great support for local volunteer efforts, and
WHEREAS, those efforts resulted in more than two thousand blue
ribbons being distributed to raise public awareness, and two
thousand pledges distributed to encourage neighbor-to-neighbor
promises to be supportive of families, and
WHEREAS, these pledges were joined with pledges all over New York
State under the 10,000 Promises to Parents campaign, leading to
uncounted good deeds of support to parents, and
WHEREAS, in part because of Ithaca volunteers, that same 10,000
Promises Campaign will be a part of Child Abuse Prevention Month
this April for U.S. military personnel in all the services, all
around the world, and
WHEREAS, the volunteers in our community who joined together last
year continued working all year long, and have committed to work
again this year toward even greater goals, and have attracted
even more people to the Child Abuse Prevention campaign;
now, therefore, be it
RESOLVED, That Common Council renews its commitment to positive
community and neighborhood support for parents, and hereby
declares April 1995 as Child Abuse Prevention Month in the City
of Ithaca, and be it further
RESOLVED, That the Mayor is directed to issue this resolution to
the press and to the public, along with any further declaration
or ceremony that would further the purpose of Child Abuse
Prevention and Positive Support for Families in our community.
Carried Unanimously
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
Report Regarding Computer Internet
Alderperson Efroymson reported that the Federal government is
funding matching grants from the National Telecommunications
Information Administration that a number of agencies - Tompkins
County, Tompkins County Library, the City of Ithaca, and the
South Central Research Library are trying to coordinate a joint
grant proposal for. This project will allow us to link the
agencies together and increase public participation and access.
Tompkins County will be the lead agency. He further stated that
Alderperson Hanna and City staff will attend a workshop in Albany
on March 11, 1995 to represent the City's interests, and to
March 1, 1995
receive more information about the grants. The grant application
deadline is April 20, 1995.
Alderperson Efroymson further reported that Deputy City
Controller Steven Thayer, and Deputy City Clerk Julie Conley
Holcomb, have submitted an application to Hudson Valley Community
College to become a pilot site for a Telecommunications
Initiative project. Hudson Valley Community College has received
a grant from the New York State Department of Education to focus
on linking NYS local governments together electronically, and
allowing Internet access. The goal of this project is to allow
municipalities electronic access to local legislation, State
Senate bills, the Governor's forum, Office of General Services
State Commodities Contracts, etc.
Update Regarding Cable Franchise
Alderperson Gray reported that negotiations have not started
between the City and Time/Warner at this time.
BUDGET AND ADMINISTRATION COMMITTEE:
*16.1 GIAC - Request to Amend 1995 Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, GIAC has received a $7,316 payment from the Sciencenter
to expand the Youth Alive Program, and
WHEREAS, the Youth Alive Program allows middle school youth to
develop their interests in the sciences, to become mentors, and
to assist other students at the Sciencenter, and
WHEREAS, the 1995 GIAC budget includes GIAC staff expenses
necessary to provide the Youth Alive Program service, and
WHEREAS, GIAC will reassign staff within GIAC to assure that
other programs will operate at full capacity; now, therefore, be
it
RESOLVED, That the 1995 City of Ithaca Budget be amended as
follows to fund the GIAC Youth Alive Program:
Increase Revenue Account:
A 2070 Contribution for Youth $7,316
Increase Appropriations Account:
A 7311-460 Program Supplies 1,700
Carried Unanimously
*16.2 GIAC - Request to Establish Capital Project for GIAC Gym
Ventilation System Design
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, a preliminary examination of the GIAC building's
ventilation system has resulted in a proposal to improve that
system and add air conditioning at GIAC, and
WHEREAS, it was determined that a detailed feasibility design
study should be performed to establish cost estimates and various
HVAC improvement alternatives for the GIAC building, and
WHEREAS, the 1995 budget authorizes the purchase of an office air
conditioner which will be used at GIAC; now, therefore, be it
RESOLVED, That Capital Project #309 GIAC HVAC Improvements be
established for an amount not to exceed $2,500 for the purpose of
funding a feasibility study for said project, and be it further
RESOLVED, That an amount not to exceed $2,500 be transferred from
Capital Reserve #25 Capital Improvements to fund said study.
March 1, 1995
Carried Unanimously
* 16.3 DPW - Request to Establish Capital Project for Stewart
Park Tennis Courts
By Alderperson Booth: Seconded by
WHEREAS, the tennis courts at Stewart Park have been in disrepair
and unusable for several years, and
WHEREAS, in 1993, the Board of Public Works asked the Parks
Commission to investigate the situation and come back to the
Board with a recommendation, and
WHEREAS, the Parks Commission passed a resolution dated December
13, 1994, recommending that the tennis courts be rebuilt in their
present location, and
WHEREAS, preliminary estimates which were obtained by the Parks
Commission indicate the costs for replacement to be $69,700 (for
demolition and build on same site, including paving, color coat
and fence); now, therefore, be it
RESOLVED, That Capital Project #310 Tennis Court Reconstruction
be established in an amount not to exceed $70,000 to fund said
project, and be it further
RESOLVED, That said funds will be derived from the issuance of
Serial Bonds.
Alderperson Booth reported that Superintendent Gray stated that
the estimated cost of this project is now approximately $100,000.
Motion to Withdraw Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Resolution is hereby withdrawn and will be
sent back to the Budget & Administration Committee for further
discussion.
Carried Unanimously
* 16.4 Finance/Clerk - Request Funds for Land Use Pamphlet
Purchase
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, the Clerk's Office has run out of City of Ithaca Land
Use Municipal Code books, and
WHEREAS, the Clerk's Office would like to print 40 additional
City of Ithaca Land Use Municipal Code books at a cost of $1,365;
now, therefore, be it
RESOLVED, That an amount not to exceed $1,365 be transferred from
the Unrestricted Contingency Account to Account A 1010-425 Office
Supplies to purchase said City of Ithaca Land Use Municipal Code
books.
Carried Unanimously
* 16.5 Planning Department - Authorize Mayor to Sign Route 96
Dedicated Police Services Agreement
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City has been negotiating with NYS Department of
Transportation to provide dedicated police services for the Route
96 project, and
WHEREAS, the New York State DoT has agreed to a contract up to a
maximum of $200,000 from New York State to the City of Ithaca in
order to reimburse the City for police services related to
traffic control during construction necessitated by the Route 96
project; now, therefore, be it
RESOLVED, That the Mayor be authorized to enter into an agreement
with the NYS Department of Transportation to provide funds to the
City for dedicated police services related to the Route 96
construction project, and be it further
March 1, 1995
RESOLVED, That the contract shall be subject to the review and
approval of the Police Chief and City Attorney.
Carried Unanimously
* 16.6 Police Department - Request to Amend Authorized Personnel
Roster
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Police Department's traffic unit has become larger
and more complex as a result of increasing responsibilities, and
WHEREAS, the Police Chief is recommending that a Sergeant
position be created to increase supervisory authority in the
traffic unit in order to allow for continual planning of traffic
enforcement; now, therefore, be it
RESOLVED, That the 1995 Police Department Personnel Roster be
amended as follows:
Add: One (1) Step 1 Sergeant
Delete: One (1) Step 4 Police Officer
Carried Unanimously
* 16.7 Police/DPW - Request to Transfer Custodial/Maintainer
Position
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the 1995 Police Department budget included the funds
necessary to pay for one DPW position that is being used by the
Police Department for custodial services, and
WHEREAS, the position has never transferred from the DPW budget
to the Police Department budget, and the employee will be
retiring soon, and
WHEREAS, the transfer of this position will provide full
authority to the Police Department in the hiring, supervision and
discipline of the custodial position; now, therefore, be it
RESOLVED, That the 1995 DPW and Police Department Authorized
Personnel Rosters be amended effective with the employee's
retirement date as follows:
DPW Personnel Roster
Delete: One (1) Custodial Worker position
Police Department Roster
Add : One (1) Custodial Worker position
and be it further
RESOLVED, That the transfer is contingent on Civil Service
Commission approval.
Carried Unanimously
* 16.8 DPW - Request to Hire City Forester
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That Andrew Hillman be appointed to the position of
City Forester at a 1995 annual salary of $42,000, that being
Grade 3 of the City Executive Association, effective March 6,
1995.
Carried Unanimously
* 16.9 Finance/Controller - Request Establishment of City Clerk
Salary
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Julie Conley Holcomb is hereby appointed to the
position of City Clerk at a 1995 Management Compensation Plan
annual salary of $40,000, effective March 1, 1995.
Carried Unanimously
March 1, 1995
* 16.11 Ordinance Amending Section 157-6 "Bicycles and Other
Wheeled Devices" of Chapter 157 Entitled "Commons" of the City of
Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Gray
ORDINANCE 95-
An ordinance amending Chapter 157 entitled "Commons" of the
City of Ithaca Municipal Code
Be it ordained and enacted by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 6 entitled "Bicycles and Other
Wheeled Devices" of Chapter 157 entitled "Commons" is amended to
read as follows:
Section 157-6. Bicycles and Other Wheeled Devices
A. Riding of bicycles, roller skates, skateboards, and
similar wheeled devises is prohibited on the Primary Commons.
Standing or sitting astride a bicycle with one leg on either side
of the bicycle is also prohibited. Wheelchairs, baby carriages,
and similar devices intended for the convenience and comfort of
handicapped persons or infants are permitted on the Primary
Commons. Nothing herein shall prohibit a pedestrian from walking
a bicycle on the Primary Commons or having a bicycle in the
pedestrian's possession while on the Primary Commons.
B. No person shall park any bicycle against windows or
trees or on the main traveled portion of the sidewalk, or in any
of the flowerbeds, nor in such manner as to constitute a hazard
to pedestrians, traffic, or property.
C. Bicycles may be impounded upon direction of an Officer
of the Ithaca City Police Department for the following
(1) there is reasonable cause to believe the bicycle
has been stolen;
(2) there is reasonable cause to believe the bicycle
has been used in the commission of a
crime;
(3) the bicycle has been parked in violation of
subsection B above, and the owner or person
authorized to possess the bicycle has refused to
remove it or has not been identified after a
reasonable inquiry; or
(4) the bicycle has been abandoned. Before a bicycle
may be considered abandoned, it must remain
unmoved for at least twenty-four hours after a
notice has been affixed to the bicycle warning
that it may be impounded unless moved within
twenty-four hours.
D. A violation of this section shall be a civil violation
punishable by a fine of not more than $50.
Section 2. This Ordinance shall take effect immediately
in accordance with law upon publication of a notice as provided
in the Ithaca City Charter.
Police Chief McEwen explained the need for this Amendment.
A vote on the ordinance resulted as follows:
Carried Unanimously
* 16.12 City Attorney - Request Extension of Tax Sale Redemption
Period
By Alderperson Booth: Seconded by Alderperson Shenk
March 1, 1995
WHEREAS, Fleet Bank, which represents the successor in interest
to the mortgagee of 602 West State Street, requested and received
an extension of the date for property redemption at Common
Council's regular meeting of September 7, 1994, and
WHEREAS, Fleet Bank has requested an additional three month
extension to permit redemption of said property, and
WHEREAS, the City Chamberlain, City Attorney, and the Budget and
Administration Committee have reviewed written documentation
requesting an additional extension for property redemption at 602
West State Street; now, therefore, be it
RESOLVED, That Fleet Bank be permitted to redeem the property at
602 West State Street up to May 21, 1995, for the total lien
amount outstanding, plus additional interest, penalty, and
related costs through the date of redemption.
Discussion followed on the floor regarding the City's policy on
redemption period extensions.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Johnson, Shenk, Hanna, Gray, Sams,
Schroeder
Nays (3) - Thorpe, Mackesey, Efroymson
Carried
* 16.13 Bond Resolution
Alderperson Booth explained that Item 13 is a Bond Resolution
regarding the funding for the Youth Bureau HVAC Project. He
stated that City Controller Cafferillo has suggested that this
item be withdrawn from the agenda due to amendments that need to
be made.
This item will be brought back to Council for the April 5, 1995
meeting.
* 16.14 Finance/Controller - Request to Amend Fire Department
Vehicle Acquisition
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, Capital Project #268 Fire Vehicle Acquisition was
established in the amount of $25,000 for one fire utility vehicle
purchase, and
WHEREAS, the bid for this fire utility vehicle came in at
$26,629; now, therefore, be it
RESOLVED, That Capital Project #268 Fire Vehicle Acquisition be
amended by an amount not to exceed $1,629 for a total project
authorization of $26,629, and be it further
RESOLVED, That said capital project amendment funds shall be
derived from Capital Reserve #15 Fire Vehicle Acquisition.
Carried Unanimously
* 16.15 Finance/Clerk - Appointment of City Clerk as Records
Management Officer
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That Julie Conley Holcomb be appointed as the City of
Ithaca's Records Management Officer, effective March 1, 1995.
Carried Unanimously
* 16.17 Possible Sale of Brindley Street Right-of-Way
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca has received an offer from Mark
Zaharis to purchase from the City of Ithaca an approximate .33
acre parcel of unimproved land lying between West Buffalo Street
and West State Street being approximately 66 feet in width and
being the right of way of the former Brindley Street, and
March 1, 1995
WHEREAS, the Board of Public Works has passed a resolution
approving the abandonment of the street right of way of Brindley
Street between State and Buffalo Streets, and
WHEREAS, notice of this proposed sale of land has been published
in the official newspaper of the City of Ithaca at least once
each week for three weeks, the first such notice being published
no less than 30 prior to this approval as required by Section C-
36(A) 40 of the Ithaca City Charter, and
WHEREAS, an appraisal of this property has been done by Midland
Appraisal Associates, and
WHEREAS, considering that the property is being transferred
subject to a deed restriction that requires the purchaser and all
subsequent owners to establish and maintain on the said premises
a permanent, paved pedestrian walkway at least 4 feet in width
between Buffalo and State Streets, this Council hereby determines
that the offered price of $100,000 is the full value of the
property to be transferred; now, therefore, be it
RESOLVED, That this Council hereby approves the sale of the
aforesaid premises to Mark Zaharis for the purchase price of
$100,000 and authorizes the Mayor to execute all documents
necessary to effectuate the transfer of this property.
Carried Unanimously
* 16.18 Controller/Youth Bureau - Request to Amend Capital
Project for Van Acquisition
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, Common Council authorized the purchase of a 15-passenger
van for the Youth Bureau in the amount of $18,000 at its regular
meeting of January 4, 1995, and
WHEREAS, the 1995 State Contract pricing for the 15-passenger
vans has increased to $19,469, and
WHEREAS, the Youth Bureau has determined that the 15-passenger
van is necessary to Youth Programs and has proposed a transfer of
funds in the amount of $1,469 to cover the funding deficit; now,
therefore, be it
RESOLVED, That the Capital Project #308 Youth Bureau Van
Acquisition authorization be amended by an amount not to exceed
$1,469 for a total project cost of $19,469, and be it further
RESOLVED, That said funds for the Capital Project amendment will
be derived from within the existing 1995 Youth Bureau Budget and
transferred by the Controller's Office.
Carried Unanimously
* 16.19 Bond Resolution (Costs of Certain Water and/or Sewer
Projects)
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLUTION DATED MARCH 1, 1995
A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF ITHACA,
TOMPKINS COUNTY, NEW YORK, TO EXECUTE A PROJECT FINANCING AND
LOAN AGREEMENT, AND ANY OTHER AGREEMENTS, OR AMENDMENTS THEREOF
IN CONNECTION WITH THE PROPOSED ISSUANCE OF SERIAL BONDS OR NOTES
OF SAID CITY TO BE ISSUED TO THE NEW YORK STATE ENVIRONMENTAL
FACILITIES CORPORATION FOR THE PURPOSE OF FINANCING THE COSTS OF
CERTAIN WATER AND/OR SEWER PROJECTS IN AND FOR SAID CITY, AND
DELEGATING THE TERMS, FORM AND CONTENTS OF AND TO SELL SUCH
SERIAL BONDS OR NOTES TO THE NEW YORK STATE ENVIRONMENTAL
FACILITIES CORPORATION.
WHEREAS, the Common Council of the City of Ithaca, Tompkins
County, New York, has heretofore, pursuant to bond resolution
March 1, 1995
dated and duly adopted January 4, 1995, authorized among other
capital projects, the issuance of $1,200,000 serial bonds of said
City to pay the cost of the construction of improvements to the
City's Water Treatment and Distribution System, and the issuance
of $2,000,000 serial bonds of said City to pay the cost of the
reconstruction and replacement of sewer collection lines in the
City sewer system, both in and for said City, and
WHEREAS, a proposal has been submitted to said City by the New
York State Department of Environmental Conservation ("DEC") and
the New York State Environmental Facilities Corporation ("EFC")
to finance, pursuant to the Local Finance Law, all or a portion
of said specific objects or purposes, and
WHEREAS, it is now desired to authorize said City Controller to
analyze said financing proposal and if, based upon analysis, he
believes that it is in the best interest of the City of Ithaca to
so finance one or both of such specific objects or purposes, or a
portion thereof, through the issuance of serial bonds and/or
notes to be sold to EFC, to execute a project financing and loan
agreement, and any other agreements on behalf of the City with
DEC and/or EFC, including amendments thereto, and including any
instruments (or amendments thereto) in the effectuation thereof,
and to sell such serial bonds and/or notes to EFC, in order to
effect the intent of the aforesaid project financing and loan
agreement and in order to, in any other way, facilitate such
financing of all or a portion of said specific objects or
purposes; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. The City Controller of the City of Ithaca, Tompkins
County, New York, is hereby authorized, on behalf of said City,
to execute a project financing and loan agreement, and any other
agreement with DEC and/or EFC, including amendments thereto, and
including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the intent of this
resolution; that being to authorize the financing of the specific
objects or purposes described in the preambles hereof, or a
portion thereof, by a serial bond issue and/or a note of said
City to be sold to EFC.
Section 2. Subject to the provisions of the Local Finance Law,
the power to sell all or any portion of the serial bonds
described in the preambles hereof and in Section 1 hereof to EFC,
is hereby delegated to the Controller, the chief fiscal officer
of the said City. Such bonds shall be executed in the name of
the City by the manual signature of the City Controller an its
corporate seal, or a facsimile signature thereof, shall be
impressed or imprinted thereon and may be attested by the manual
signature of the City Clerk. Such bonds contain substantially the
recital o validity clause provided for in Section 52.00 of the
Local Finance Law nd shall otherwise be in such form and contain
such recitals, in addition to those required by Section 51.00 of
the Local Finance Law, as the City Controller shall determine.
Such bonds shall otherwise be of such terms, forms and contents
and shall be sold by the City Controller in such manner as may be
prescribed by him consistent with the provisions of the Local
Finance Law.
Section 3. Without limiting the generality of the foregoing
delegations of power, the power to sell such bonds shall include
the power to provide the description of the bonds, determining
whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, the date
of issue of the bonds, the denominations and numbers of the
bonds, the dates for the payment of the principal of and interest
on the bonds including the number of maturities and the amounts
thereof, the provisions for redemption prior to maturity, if any,
the designation of the fiscal agent, the designation of a place
March 1, 1995
or places of payment of principal and interest on the bonds, and
the text of the bonds.
Section 4. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered
owners of such serial bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the
fiscal agent.
Section 5. The power to issue and sell notes to EFC pursuant to
Section 169.00 of the Local Finance Law is hereby delegated to
the City Controller. Such notes shall be of such terms, form and
contents as may be prescribed by said City Controller consistent
with the provisions o the Local Finance Law.
Section 6. The intent of this resolution is to give the City
Controller sufficient authority to execute those agreements,
instruments or to do any similar acts necessary to effect the
issuance of the aforesaid serial bonds or notes to EFC without
resorting to further action of this Common Council.
Section 7. This resolution shall take effect immediately.
A roll call vote on the foregoing resolution resulted as follows:
Aye -- Booth Aye -- Johnson
Aye -- Schroeder Aye -- Shenk
Aye -- Mackesey Aye -- Sams
Aye -- Efroymson Aye -- Hanna
Aye -- Gray Aye -- Thorpe
Ayes (10)
Carried Unanimously
PLANNING COMMITTEE:
Revised Agreement with Mutual Housing Association - Report
Alderperson Schroeder reported that the Planning Committee
reviewed the revised draft of the agreement between the City and
the Mutual Housing Association (MHA). This revision includes the
description of the new configuration of land, and the expiration
date has been advanced to January 1, 1997. He stated that the
Committee asked the City Attorney to negotiate with MHA on this
agreement.
New Northside Park - Report
Alderperson Schroeder reported that the Planning Committee passed
a resolution stating that the Committee is committed to
establishing a new park in the Northside. The Committee
requested that a memo be sent out to various groups in the City
including: the Mutual Housing Association (MHA), the Sciencenter,
the P&C, and several City Boards and Commissions, to inform them
that the Committee is considering the boundaries that were
recommended by the Northside Land Use Committee, the Parks
Commission and the Planning Board. These boundaries would
involve the triangle of land that is remaining on the Pogo parcel
if the option is exercised by MHA, in addition to two blocks of
Lake Avenue between Adams Street and Route 13. The Committee is
seeking comments from these entities regarding this proposed
configuration.
Alderperson Schroeder further reported that the Committee has
asked the Board of Public Works to consider abandoning those two
blocks of Lake Avenue, which would be required before it can be
designated as a park.
March 1, 1995
Inlet Island Land Use Plan: Home Rule Request - Report
Alderperson Schroeder reported that the Planning Committee
recommended that a Home Rule Resolution be submitted that would
authorize the whole Inlet Island Alienation of Park Land with the
substitute parcels. The Committee has requested that the City
Attorney draft such a Home Rule request, and it will be
considered at the Planning Committee meeting in March, and before
Council at the April 5, 1995 meeting.
Participation in Joint Waterways Study - Discussion
Alderperson Schroeder stated that the Tompkins County Planning
Department needs to know whether Council is interested in
applying for the waterfront project that Tompkins County is
organizing. Participation is being sought from the City of
Ithaca, Town of Ithaca, Tompkins County, the New York State
Council on the Arts, and the Chamber of Commerce. The Chamber of
Commerce would essentially be coordinating existing plans in the
Town and City for waterfront projects on the southern end of the
lake. There will be a public input process. The project would
also involve plans for improving green spaces as well as
development projects where it is appropriate.
Planning and Development Director Van Cort spoke to the Council
regarding the proposed project and the related time table.
NEW BUSINESS:
Agreement With County Regarding Recycling and Solid Waste Center
City Attorney Guttman reported on a meeting with County
officials, members of the County Solid Waste Committee, and a
member of the Neighborhood Advisory Committee. The City
presented a list of 25 items regarding the proposed agreement on
the neighborhood protection plan. The items were all reviewed
and there was consensus among the group as to how most them
should be resolved.
City Attorney Guttman stated that Jonathan Wood, the Assistant
County Attorney who is working on this issue, has been directed
by the County to revise this agreement and to submit it to the
City as soon as possible. City Attorney Guttman stated that he
expects to bring this matter to the Budget and Administration
Committee in March for discussion. He further stated that he
will distribute the revised agreement to Council members as soon
as he receives it.
REPORT OF BOARD LIAISONS:
Community Police Board
Alderperson Shenk reported that the Community Police Board now
has full membership for the first time. She stated that Regi
Teasley was elected as Chair at the last meeting, and by-laws
have been established.
EXECUTIVE SESSION:
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That Common Council adjourn into Executive Session at
10:15 p.m. to discuss a possible litigation issue.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into regular session at 10:35 p.m. and
presented the following Resolution:
Request to Hire an Attorney
By Alderperson Johnson: Seconded by Alderperson Hanna
RESOLVED, That the City Attorney or the Assistant City Attorney
is hereby authorized to enter into an agreement with Attorney
Philip Artz to bring an action on behalf of the City of Ithaca
against the Snap-Tite Fire Hose Company regarding an incident
which occurred in April of 1992 in which City of Ithaca Fire
Fighter Skip Garrett was injured, and be it further
March 1, 1995
RESOLVED, That the City Attorney or the Assistant City Attorney
is specifically authorized to enter into a contingent fee
arrangement.
Ayes (9) - Booth, Johnson, Hanna, Thorpe, Sams, Mackesey,
Schroeder, Shenk, Gray
Nays (0)
Absent (1) - Efroymson
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:40 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor