Loading...
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