HomeMy WebLinkAboutMN-CC-1995-04-05April 5, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. April 5, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Thorpe, Gray, Shenk,
Schroeder,
Efroymson, Mackesey, Sams, Hanna
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Building Commissioner - Eckstrom
Planning and Development Director - Van Cort
Police Chief - McEwen
Youth Development Coordinator - Green
Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
Fire Chief - Wilbur
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 Gray
RESOLVED, That the Minutes of the February 1, 1995 Common Council
meeting be approved as published.
Carried Unanimously
Approval of Minutes of the February 8, 1995 Special Common
Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That the Minutes of the February 8, 1995 Special Common
Council meeting be approved as published.
Carried Unanimously
Approval of Minutes of the March 1, 1995 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That the Minutes of the March 1, 1995 Common Council
meeting be approved as published.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Nichols requested Council approval for the appointment of
Alvin Nelson, 502 South Albany Street, to the Board of Fire
Commissioners, with a term to expire June 30, 1995.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That this Common Council approves the appointment of
Alvin Nelson to the Board of Fire Commissioners with a term to
expire June 30, 1995.
Carried Unanimously
Rental Housing Advisory Commission
Mayor Nichols requested Council approval for the appointment of
D. Joan Lockwood, 117 East Spencer Street, to the Rental Housing
Advisory Commission with a term to expire December 31, 1996.
April 5, 1995
Resolution
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That this Common Council approves the appointment of D.
Joan Lockwood to the Rental Housing Advisory Commission with a
term to expire December 31, 1996.
Carried Unanimously
Shade Tree Advisory Committee
Mayor Nichols requested Council approval for the re-appointments
of Daniel Krall, 612 South Plain Street; Michael N. Steigerwalt,
429 Sears Road, Cortland, NY; and the appointment of Rick
Manning, 114 Dey Street, with terms to expire December 31, 1997.
Resolution
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That this Common Council approves the re-appointments
of Daniel Krall and Michael N. Steigerwalt and the appointment of
Rick Manning to the Shade Tree Advisory Committee with terms to
expire December 31, 1997.
Carried Unanimously
Southern Tier East Regional Planning and Development Board
Mayor Nichols announced that he has appointed Pamela Mackesey,
321 Pleasant Street, to the Southern Tier East Regional Planning
and Development Board.
Tompkins County Economic Opportunity Corporation Board of
Directors
Mayor Nichols announced that he has re-appointed Pamela Mackesey,
321 Pleasant Street, to the Tompkins County Economic Opportunity
Corporation Board of Directors.
Tompkins County Youth Board
Mayor Nichols announced that he has appointed David Delchamps,
410 Mitchell Street and Donna West, 508 Dryden Road, to the
Tompkins County Youth Board, with terms to expire December 31,
1997.
COMMUNICATIONS:
Letter Regarding Moving Department of Social Services Downtown
Mayor Nichols read the following letter into the record:
"Dear Ben:
Thank you so much for your support in our efforts to move County
agencies back downtown. As you know, the County Board voted
overwhelmingly last night to start exploring sites for a new
facility in earnest. I think your efforts and those of Common
Council have made a difference as we move forward. I look
forward to working with you and the Council closely as we
proceed.
Best Wishes,
Barbara Mink
Biggs A Feasibility Study Committee"
Letter from the Community Empowerment Project
Mayor Nichols stated that he received a letter from the Community
Empowerment Project, which is jointly sponsored by GIAC and the
Southside Community Center. He stated that the project would
like to set up a forum between community youth and City Council.
The forum would include a group of youth who would like to share
ideas and ask questions of Council. There will be time for
Council members to ask questions, as well as an open discussion
for all who are present.
Mayor Nichols stated that he will try to arrange a time for this
event.
April 5, 1995
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Clough Harbour
Ms. Jill Brantley, 613 Utica Street, spoke to Council regarding
the index that Clough Harbour prepared from the oral and written
comments made by the public during the Wal-Mart project public
hearings. She noted that there were 274 written comments
submitted and 183 oral presentations at the public hearing.
Clough Harbour has only listed 48 topics of the 274 written
comments received, and 4 of 183 oral presentations. She further
noted that the comments that have not been divided into topics
are simply listed as repetitive. There are 179 oral
presentations listed as repetitive, and 226 written comments that
are described simply with the person's name and the one word
"repetitive". Ms. Brantley stated that the problems with this
system are:
1) the reader does not know, in any way, what is repeated. The
substance is completely lost.
2) The use of the word "repetitive" carries the connotation of
not necessary or not well thought out and thus the connotative
effect is to obliterate these people from the record.
3) We lose the possibility of an easy retrieval of valuable
information by knowing what these people commented on.
Ms. Brantley further stated that she is bringing this to
Council's attention because she believes Common Council
authorized payments of up to $16,800 to Clough Harbour for this
work. She further believes that Clough Harbour's editing is
subverting the democratic process.
Ms. Brantley urged Council to look at the original oral and
written comments and compare them to Clough Harbour's index, and
thanked Alderperson Schroeder and Sarah Adams of the Planning
Board who have worked very hard to recapture some of this
material.
Cornell University Building Permits
Mr. William Kone, Fifth Ward resident, spoke to Council regarding
the Cornell University building permit issue and the busing
program that the university has tried to initiate.
Mr. Kone also spoke regarding the resolution on the agenda
concerning the amendment to the network capital project for a
TIIAP Grant.
Cable Access
Mr. Nick Papatonis spoke to Council regarding cable access
rights.
Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council
regarding cable access and freedom of speech. Ms. Gougakis also
spoke about the need for an archive for the cable access system.
Police Chief McEwen noted that the Cable Commission will be
discussing some of the issues regarding cable access and the
question of an archive. He stated that he intends to speak
before the commission to urge them to reconsider the archive
issue. He noted that the archive issue is very important and if
the Cable Commission doesn't approve it, he would recommend that
Council consider some type of legal action to require it.
RESPONSE TO PUBLIC:
Cable Access
Alderperson Efroymson stated that he is deeply disturbed over
what is happening with cable access. He stated that he has a
strong belief in the right of people to speak freely and he is
hoping that by Council and the Cable Commission working together
a solution will be found that will respect people's rights and
recognize the uniqueness of cable access.
April 5, 1995
Alderperson Gray stated that he would like to lend support to the
Cable Commission.
Cornell University Building Permits
Alderperson Efroymson noted that Cornell University may be
meeting a portion of its parking needs through its transportation
policy, but not the majority of it. He stated that until this
problem is addressed it is only right and proper for the City to
continue to withhold building permits for large projects at
Cornell University, as it would with any other large business.
Alderperson Thorpe concurred with Alderperson Efroymson's
statement.
Clough Harbour Index
Alderperson Thorpe stated that she agrees with Ms. Brantley's
comments regarding the Clough Harbour compilation.
Alderperson Schroeder noted that the Planning Board did not
accept this compilation from Clough Harbour. He stated that
there was a lot of repetition, but he thinks that a worthy goal
is to pick out the most complete and intelligently argued
arguments on each topic and have them be the basis of what
becomes the FEIS. Alderperson Schroeder stated that he agrees
that Clough Harbour's compilation was not complete enough, and
when he and Sarah Adams went through the comments they found
additional material that they felt should be added to have all
the complete observations and good points that were made.
Alderperson Booth commented that there are standard ways for
doing this type of compilation of information. A typical way is
to create a compilation of the issues identified and then simply
by a numbering system, identify which persons talked about which
subject.
Alderperson Schroeder stated for clarity, that all of the written
comments and transcripts of the oral comments will be in the
FEIS, and will be a part of the official public record.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Cable Commission
Ms. Jean Finley, Chair of the Cable Commission, stated she has
distributed a transcription of reasons stated for opposing an
archive discussed at the January Cable Commission meeting. She
read the following resolution that the Cable Commission passed
unanimously at their January meeting:
"RESOLVED, That the Ithaca City Cable Commission (ICCC) does not
instruct Time Warner to institute an archive on Public Access
Television in Ithaca, New York nor does ICCC require Time Warner
to institute such an archive, and, be it further
RESOLVED, That ICCC will not allow any requirement that Access
producers sign permission for copying their programs as a pre-
condition for cablecast, and be it further
RESOLVED, That ICCC does not authorize Access funds to be used
for the equipment or supplies or for the creation or the
maintenance of an archive, nor will ICCC condone the use of
Access personnel for this purpose."
Board of Public Works
Commissioner Reeves reported to Council on the following matters:
The Board approved the removal of parking from the north side of
Maple Avenue to the City line.
The Board approved the Ithaca Amateur Softball Association
Women's League schedule for 1995. The schedule has been adjusted
to reduce night use of lighted fields to one night per week. The
April 5, 1995
schedule modification has been approved by the West Hill
residents.
The Board passed a resolution making specific recommendations for
Six Mile Creek land acquisition.
The Board received a request from merchants for more trash
barrels in the West End. Trash barrels have been donated to the
merchants and they are very attractive. The merchants are
interested in a pilot project that would see how these extra
barrels in the West End will work out. The Board passed a
resolution recommending that there be three barrels in the West
End on a three month trial basis. The merchants have been asked
to monitor the use of these barrels, checking for illegal dumping
of household trash. In order to offset the cost of these
barrels, the cost of collecting the trash, and paying the tipping
fees, the Board has considered the possibility of removing
barrels from Cass Park.
Commissioner Reeves asked Council to consider how the City will
address the needs of other groups, outside of the Youth Bureau
programming, who request the use of municipal recreation
facilities in regards to the Recreation Partnership Pilot
Project.
Disability Advisory Council
Ms. Donna West addressed Council regarding a problematic traffic
pattern in Collegetown at Dryden Road and College Avenue. She
stated that new traffic control measures are needed to ensure
pedestrian safety.
REPORT OF THE CITY CLERK:
Disclosure Statements
City Clerk Conley Holcomb reported that she has received the
Annual Disclosure Statements from the Mayor and Common Council
members and they are on file and available in her office.
Designation of Polling Places for 1995
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That the following locations be designated as Polling
Places for 1995:
FIRST WARD
1st District Chestnut Street Alternative Community School
2nd District Chestnut Street Alternative Community School
3rd District 800 S. Plain St. Titus Towers
4th District 520 Hudson Street South Hill School
5th District 520 Hudson Street South Hill School
SECOND WARD
1st District 300 W. Court St. GIAC
2nd District 300 W. Court St. GIAC
3rd District 310 W. Green St. Central Fire Station
4th District 310 W. Green St. Central Fire Station
THIRD WARD
1st District Cornell Campus Willard Straight Hall
2nd District Cornell Street Belle Sherman Annex
3rd District Cornell Street Belle Sherman Annex
FOURTH WARD
1st District 635 Stewart Avenue Noyes Center
2nd District 309 College Avenue #9 Fire Station
3rd District 309 College Avenue #9 Fire Station
FIFTH WARD
1st District 1012 N. Tioga St. #7 Fire Station
2nd District Corner King & Fall Creek School
Aurora Streets
April 5, 1995
3rd District Robert Purcell Union Jessup Road, Cornell U.
4th District Corner King & Fall Creek School
Aurora Streets
Carried Unanimously
REPORT OF THE CITY ATTORNEY:
Building Permit Applications for Cornell University
City Attorney Guttman reported on the status of Building Permit
applications for Cornell University. He stated that several
permit applications have been received, and many of them have
been granted. Two applications, the Baker/Olin Lab project and
the Phillips Hall project have been denied. A few applications
are pending for additional information from the University.
City Attorney Guttman further noted that he and Planning and
Development Director Van Cort are still meeting on a regular
basis with Cornell Officials to work on a proposed ordinance to
change the current zoning situation.
Brindley Street
City Attorney Guttman reported that the sale of a portion of
Brindley Street to Mr. Mark Zaharis was closed last month. The
property has been transferred, and the City received $100,000.
Board of Zoning Appeals
City Attorney Guttman reported on Court cases regarding variances
and certificates of compliance.
Fire Training Site
City Attorney Guttman reported that he has received a notice from
the New York State Department of Environmental Conservation that
the property at 310 West Green Street, which was the City of
Ithaca Fire Training School, and which was previously listed on
the registry of sites where hazardous waste disposal had
occurred, has been removed from the registry.
Discussion followed on the floor regarding appropriate uses of
staff time and the procedures Council members should follow
regarding requests for staff time.
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
* 14.1 City of Ithaca/Village of Cayuga Heights Intermunicipal
Agreement for Building Inspection Services
By Alderperson Efroymson: Seconded by Alderperson Schroeder
WHEREAS, for the reasons more particularly stated in the proposed
agreement between the City of Ithaca and the Village of Cayuga
Heights regarding building inspection services, it is in the best
interest of the City of Ithaca to enter into this agreement; now,
therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into the
Intermunicipal Agreement between the City of Ithaca and the
Village of Cayuga Heights for building inspection services.
Carried Unanimously
The Agreement is as follows:
CITY OF ITHACA -- VILLAGE OF CAYUGA HEIGHTS
INTERMUNICIPAL AGREEMENT
FOR BUILDING INSPECTION SERVICES
This agreement, made this _____ day of February, 1995, by and
between the City of Ithaca, a municipal corporation having its
office and place of business at 108 East Green Street, Ithaca,
New York 14850, hereinafter referred to as the "City" and the
April 5, 1995
Village of Cayuga Heights, a municipal corporation, having its
office and place of business at 836 Hanshaw Road, Ithaca, New
York, hereinafter referred to as the "Village".
WHEREAS, both the Village and the City are required to issue
permits for, and cause the inspection of alterations and
construction within their jurisdictional limits; and
WHEREAS, both the City and the Village enforce the provisions of
the New York State Uniform Fire Prevention and Building Code and
the New York State Multiple Residence Law, as well as their own
zoning, site plan development review, environmental review,
building, housing and fire codes, where applicable; and
WHEREAS, certain improvements are located on parcels which lie
partially in both jurisdictions, and are therefore subject to the
code enforcement programs of each municipality; and
WHEREAS, both municipalities are desirous of providing qualified
building and fire inspection services in a cost-effective manner
and avoiding a duplication of services and/or confusion to
property owners to the extent possible; and
WHEREAS, the parties are desirous of entering into an
intermunicipal agreement in which the City would provide the
Village with required building and fire inspection service under
the New York State Uniform Fire Prevention and Building Code and
the New York State Multiple Residence Law, to the extent
applicable, for alterations and construction taking place on
property which lies in both jurisdictions; and
WHEREAS, the City has appropriate trained and certified building
and fire code enforcement personnel.
NOW, THEREFORE, in consideration of the mutual covenants,
agreements and considerations heretofore set forth, the parties
hereto mutually agree as follows:
1. All real property improvements where the improvement
currently lies in both jurisdictions will be inspected by City
Inspectors who have successfully completed the code enforcement
training program through the Department of State of New York, and
who are otherwise qualified as inspectors as a result of the
current and previous employment by the City as code enforcement
officials in the field of building and fire construction
inspection. The properties listed below are those which contain
one or more buildings or structures that are partially in the
Village and partially in the City and intended by this agreement
to be inspected by City inspectors:
115 Ridgewood Road (a Cornell Sorority);
105 Needham Place (a private residence);
126 Westbourne Place (a multiple residence);
425 Wycoff Place (a Cornell Fraternity);
208 Dearborn Place (a Cornell Rooming House);
202 Dearborn Place1 (a multiple residence);
207 Kelvin Place (a multiple residence).
In the event of the proposed construction of new improvements
on property which lies partially in both jurisdictions, the
parties may add to the above list by written agreement between
the City
Building Commissioner and Fire Chief and the Village Fire Chief
and the Chief Code Enforcement Officer of the Village.
2. The properties covered by this agreement shall be treated
for all building, housing and fire code enforcement purposes,
except zoning and site plan development review, as though they
were completely within the City of Ithaca. Each jurisdiction
1 also known as 220 North Triphammer
April 5, 1995
shall continue to enforce and operate its own zoning, site plan
review, environmental review and landmarks preservation programs.
3. The number of personnel assigned shall be at the
discretion of the City Building Commissioner and/or City Fire
Chief, depending upon the availability of said personnel to be
assigned to inspect properties which lie on the line between the
jurisdictions.
4. The term of this agreement shall be five years from the
date of signing by the Mayors of the respective municipalities,
after authorization by the governing legislative body.
5. The City shall be reimbursed for its services by the
payment of all building, housing and fire inspection and permit
fees directly to the City by the property owner at the rates
charged to similar properties located totally within the City
limits. Both jurisdictions may charge applicants for zoning, site
plan review and/or environmental review fees, where applicable.
6. Prior to the issuance of a building permit by the City, the
City will obtain written confirmation from the Village Zoning
Officer that the proposed plans do not violate provisions of the
Zoning Ordinance of the Village or that a variance from the
Village ordinance has been obtained. Properties which lie in both
jurisdictions shall be subject to the zoning, site plan
development and environmental review regulations and ordinances
of both municipalities.
7. Both parties agree that they will, at their own expense,
indemnify, defend and hold harmless each other, its officers,
agents and employees from any and all liability, judgment costs,
damages, attorneys' fees and expenses arising out of the
negligence of its employees or by not adhering to the guidelines
as established by the City or the New York State Department of
State in the provision and performance of inspection work as set
forth in this agreement, providing, however, that timely notice
shall be given by each party to the other of any claim that may
be asserted with regard to the work, labor and services set forth
in this Agreement.
8. Each party will certify to the other that insurance in the
amount of $1,000,000 to cover liability exists and will make the
other municipality the named co-insured on said policy.
9. Each party will provide its own worker's compensation
insurance covering its own employees.
10. In the event that the City or Village is, or becomes,
self-insured for general liability and/or automobile liability at
any time during the term of this agreement, the following
language is to be incorporated in the Agreement without any need
for special resolution:
WHEREAS, either party, its agents, servants or employees,
pursuant to this agreement between the parties are or may be
performing various kinds and types of work, labor or services in
cooperation with each other: be it resolved that each party
agrees that it will, at its own expense, indemnify, defend and
hold harmless the other, its officers, agents and employees from
any liability, judgment, costs, damages, attorneys' fees and
expenses arising out of the negligent performance of the work,
labor or services of the respective party, its agents, servants
or employees, providing, however, that timely notice be given to
the other party of any action, claim or proceedings which may be
filed or commenced against the parties by reason of the
performance of such work.
Each party certifies, by entering into this Agreement, that this
section was approved by the governing body of each municipality
April 5, 1995
as part of this Agreement, and it is binding upon each party in
the event it becomes self-insured as if a special resolution had
been adopted by it.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 DPW - Request to Establish IAWWTP Capital Project
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Special Joint Sewer Committee has recommended that a
project be undertaken to upgrade the Ithaca Area Wastewater
Treatment Plant capacity from 10 MGD to 13 MGD in accordance with
a program developed by Stearns and Wheler Engineers and reviewed
by the NYSDEC, and
WHEREAS, the engineering contract respecting the design and
oversight of the upgrade of the plant's capacity has been
estimated at $48,800, and
WHEREAS, the upgrade of the IAWTTP capacity from 10 MGD to 13MGD
will improve the plant's overall operation as follows:
- Improve retention time for biological solids in the final
clarifiers;
- Reduce the possibility for solids to short circuit
through the final clarifiers;
- Increase influent pumping capacity to handle high flow
concerns with the addition of a fifth pump;
- Create a physical condition to allow pump testing without
activating the raw sewage bypass line to Cascadilla
Creek
- Increase the plant's total capacity rating by 3 MGD to a
total of 13 MGD on a 30-day average;
and
WHEREAS, staff members have received and reviewed engineering
proposals for the plant capacity upgrade project and have
recommended Stearns and Wheler to perform said services, and
WHEREAS, the total plant capacity upgrade project has been
estimated at $450,000 ($400,000 in construction, $50,000 in
engineering) and represents several million dollars in capital
construction if the 3 MGD had to be built new; now, therefore, be
it
RESOLVED, That Capital Project #402J be established for
increasing treatment capacity at the IAWWTP in an initial amount
not to exceed $48,800, and be it further
RESOLVED, That the Superintendent of Public Works is authorized
to enter into an agreement for said engineering services with the
firm of Stearns and Wheler in an amount not to exceed $48,800,
and be it further
RESOLVED, That funds for said project shall be derived from the
IAWWTP Capital Reserve Account J-1 and allocated among the City
of
Ithaca, Town of Ithaca, and the Town of Dryden as per the
existing capital cost allocation agreement.
Carried Unanimously
* 15.2 Commons Coordinator - Request to Sign Simeon's Revocable
License Agreement
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, since 1987 the City of Ithaca has issued a license to
Simeon's Restaurant allowing that restaurant to utilize certain
areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
April 5, 1995
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol in
connection with outdoor dining at Simeon's, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 1995, the Common Council hereby approves a
revocable license agreement between the City and Simeon's
Restaurant for the outdoor sale and consumption of alcohol at
Simeon's, such agreement to cover the sale of alcohol in accord
with the terms and conditions set forth in the application
therefor, including minimum Dram Shop coverage in the amount of
$500,000.00 and Commons Advisory Board approval for outdoor
dining permit.
Ayes (9) - Johnson, Efroymson, Hanna, Thorpe, Sams, Gray,
Mackesey, Shenk, Schroeder
Nay (1) - Booth
Carried (9-1)
Item 15.3 was deferred until the end of the Budget and
Administration Agenda.
* 15.4 Police Department - Request to Amend Police Building
Improvement Capital Project
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca's Police Department building elevator
is in need of upgrade and improvement to meet current safety
codes and ADA requirements, and
WHEREAS, this project was submitted to the Capital Improvement
Review Committee and was ranked as a high priority in the 1995
Project requests, and
WHEREAS, the elevator upgrade was placed on hold to maximize New
York State funding, and include renovations of the City Court
entrance, and
WHEREAS, the total Police Department elevator upgrade project
cost has been estimated at $62,000; now, therefore, be it
RESOLVED, That Capital Project #242 City Court Facility/Police
Department Renovation be amended by an amount not to exceed
$62,000, giving a total project authorization of $3,267,000, for
said elevator improvements, and be it further
RESOLVED, That said funds shall be derived from the issuance of
serial bonds.
Carried Unanimously
* 15.5 Police Department - Request to Amend Personnel Roster
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the Police Department's data processing needs are
continually increasing, and
WHEREAS, the Police Chief is recommending that a Data Processing
Operator position be established for the promotion of a
department typist to reflect the employee's qualifications and
actual duties; now, therefore, be it
April 5, 1995
RESOLVED, that the 1995 Police Department Personnel Roster be
amended as follows:
Add: One (1) Data Processing Operator (40 hours)
Delete: One (1) Typist
and be it further
RESOLVED, That the Data Processing Operator position be
established at a 1995 annual salary of $18,782, that being Grade
10 of the 1995 CSEA Administrative Unit, effective April 10,
1995, and be it further
RESOLVED, That the funds needed for said promotion will be
derived from the existing 1995 Police Department Budget.
Carried Unanimously
* 15.6 Fire Department - Request Approval of Route 96 Project
Fire Alarm Relocation
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the State of New York's proposed rehabilitation of the
New State Route 96 from Meadow Street to DuBois Road, will
necessitate the adjustment of certain utility facilities in the
City of Ithaca including fire alarm systems, and
WHEREAS, the State has proposed to perform such improvements and
will thereafter require the City of Ithaca to accept full title
and responsibility for the same upon satisfactory completion of
the work by the State of New York; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into an
agreement with the New York State Department of Transportation
wherein the City agrees to accept full title and responsibility
for the relocated fire alarm system as part of the rehabilitation
of the New York State Route 96 rom Meadow Street to DuBois Road.
Identified as Capital Project No. 3047.04, F.A. #315-330-0005-
539, County of Tompkins contract #D.256424; such agreement will
acknow-ledge the City's responsibility to maintain the facility
in accordance with all applicable codes, standards and
regulations, including the obligation, where applicable, to
remove any or all of the facility from the highway at the order
of the Commissioner of Transportation, all in accordance with the
Rules and Regulations Governing the Accommodation of Utilities
within the State Right-of-Way as set forth in the agreement, and
be it further
RESOLVED, That such agreement shall be subject to the approval of
the Common Council of the City of Ithaca as to terms, form and
content.
Carried Unanimously
* 15.7 Youth Bureau - Request Approval of Joint Recreation
Partnership Agreement
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That the Mayor be authorized to enter into an agreement
with the Towns of Caroline, Danby, Dryden, Enfield, Ithaca, and
Ulysses, and the Village of Lansing for the 1995/1996 Recreation
Partnership Pilot Project, such agreement to be consistent with
the draft document dated March 30, 1995.
Carried Unanimously
* 15.8 Finance/Chamberlain - Request to Correct 1994 City Tax
Roll By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Consolidated Rail Corporation has requested that a
correction of the 1994 City Tax Roll be made, and
WHEREAS, an investigation of an error in essential fact, pursuant
to Section 554, subsection 4A of the Real Property Tax Law,
April 5, 1995
revealed that the excess tax, based on a ruling of the U.S.
District Court in the State of New York, paid by Consolidated
Rail
Corporation in July of 1994, was in fact refunded to Consolidated
Rail in August of 1994; now, therefore, be it
RESOLVED, That the request for refund be denied.
Carried Unanimously
* 15.9 Finance/Chamberlain - Request to Correct 1995 City Tax
Roll
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, an investigation of an error in essential fact, pursuant
to Section 554, subsection 4A of the Real Property Tax Law
revealed that a parcel at 111 Williams Street was omitted from
the tax roll; now, therefore, be it
RESOLVED, that the 1995 Tax Roll for the City of Ithaca be
amended to add the taxable assessment of $31,200 on Tax Map
Number 63-8-4, and be it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes on the tax roll.
Carried Unanimously
* 15.10 Finance/Chamberlain - Request to Extend the County Tax
Warrant
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the
1995 taxes until May 31, 1995.
Carried Unanimously
* 15.11 Finance/Controller - Request to Amend Controller's
Authorization for Budget Adjustments
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the City Controller has proposed revising to $10,000 per
instance the existing system that authorizes the Controller to
amend departmental budget appropriations by up to $5,000 per
instance, within existing funding levels, without the currently
required actions by the Budget and Administration Committee and
Common Council; now, therefore, be it
RESOLVED, That the City Controller be and is hereby authorized to
make requested budget transfers and amendments up to a maximum of
$10,000 per instance for the 200 and 400 accounts, based on
written supportive departmental documentation; provided that at
the Controller's discretion, any such departmental request may be
subjected to B & A and Council action; and further provided that
the City Controller shall report in writing each month to the
Common Council regarding the nature and magnitude of all such
transfers that have been made during that period.
Extensive discussion followed on the floor with Council members
Thorpe and Mackesey speaking in opposition of the resolution as
there has only been one request in the past six months requiring
this action, and that this responsibility belongs to Council.
Council members Shenk, Hanna, and Efroymson spoke in favor of the
resolution as it would assist staff and reduce the amount of time
needed to conduct these types of transactions.
Ayes (7) - Booth, Johnson, Efroymson, Hanna, Gray, Schroeder,
Shenk
Nays (3) - Mackesey, Sams, Thorpe
Carried (7-3)
* 15.12 Finance/Controller - Vacancy Review Committee's
Authority to Approve Personnel Appointments Above Minimum Salary
By Alderperson Booth: Seconded by Alderperson Gray
April 5, 1995
WHEREAS, the City Controller has proposed revising the existing
system for authorizing City Departments to hire above the minimum
salary, within existing budgeted salaries, without the currently
required actions by the Budget and Administration Committee and
Common Council; now, therefore, be it
RESOLVED, That the Vacancy Review Committee, with concurrence
from the City Controller as to the availability of said funds,
shall be authorized to review and approve departmental requests
to make personnel appointments above the minimum salary, but
within the salary ranges prescribed and within established hiring
salary schedules, provided the salary amounts have been budgeted,
in accordance with the CSEA Administrative Unit Contract.
Carried Unanimously
Bond Resolution - Reconstruction of the Youth Bureau Building
By Alderperson Booth: Seconded by Alderperson Schroeder
BOND RESOLUTION DATED APRIL , 1995
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$438,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS
COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE
RECONSTRUCTION OF THE YOUTH BUREAU BUILDING IN AND FOR SAID
CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, by bond resolution dated January 5, 1994, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized the issuance of $100,000 serial bonds of said City to
pay the cost of the reconstruction of the Youth Bureau building
by installation of an air conditioning system thereat, including
incidental improvements and expenses in connection therewith, and
WHEREAS, it has not been determined that the maximum estimated
cost of such specific object or purpose, together with the second
phase of the acoustic remediation project thereat, is $538,000,
an increase of $438,000 over that previously authorized, and
WHEREAS, it is now desired to authorize the issuance of an
additional $438,000 serial bonds for such specific object or
purpose; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs of the reconstruction of the Youth Bureau
building by installation of an air conditioning system thereat
and the second phase of the acoustic remediation project thereat,
including incidental improvements and expenses in connection
therewith, in and for the City of Ithaca, Tompkins County, New
York, there are hereby authorized to be issued an additional
$438,000 serial bonds of said City pursuant to the provisions of
the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated
cost of such specific object or purpose is now determined to be
$538,000, and that the plan for the financing thereof is as
follows:
a. By the issuance of the $100,000 serial bonds of said City
authorized to be issued for each specific object or
purpose pursuant to bond resolution dated January 5,
1994; and
April 5, 1995
b. By the issuance of $438,000 serial bonds of said City
authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is ten years, pursuant to subdivision 13 of paragraph of Section
11.00 of the Local Finance Law, calculated from February 1, 1994,
the date of issuance of the first obligations of the City issued
therefor.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anti-cipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
There shall annually be levied on all the taxable real property
in said City a tax sufficient to pay the principal of and
interest on such obligations as the same become due an payable.
Section 6. Such bonds shall be in fully registered form and
shall be signed in the name of the City of Ithaca, Tompkins
County, New York, by the manual or facsimile signature of the
City Controller and a facsimile of its corporate seal shall be
imprinted or impressed thereon and may be attested by the manual
or facsimile signature of the City Clerk.
Section 7. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bond having substantially level or declining debt service
and all matter related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of
its City Controller, providing for the manual countersignature of
a fiscal agent or of a designated official of the City), the
date, denominations, maturities and interest payment dates, place
or places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. 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 changes shall be so collected by the fiscal agent.
April 5, 1995
Such bonds shall contain substantially the recital of validity
clause provided for in Section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in
addition to those required by Section 52.00 of the Local Finance
Law, as the City Controller shall determine.
Section 9. The validity of such bonds and bond anticipation
note may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or 2) The provisions of law which should be
complied with at the date of publication of this
resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligation are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately,
shall be published in the Ithaca Journal, the official newspaper,
together with a notice of the City Clerk in substantially the
form provided in Section 81.00 of the local Finance Law.
The foregoing resolution was voted on by roll call vote as
follows:
Schroeder - Aye Booth - Aye
Johnson - Aye Mackesey- Aye
Efroymson - Aye Sams - Aye
Hanna - Aye Thorpe - Aye
Shenk - Aye Gray - Aye
Ayes - 10
Nays - 0
Carried Unanimously
Bond Resolution - Reconstruction of Elevator at the Police
Building
By Alderperson Booth: Seconded by Alderperson Shenk
BOND RESOLUTION DATED APRIL , 1995
A RESOLUTION AUTHORIZING THE ISSUANCE OF $62,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY THE COST OF THE RECONSTRUCTION OF THE ELEVATOR AT THE
POLICE BUILDING IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
April 5, 1995
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying the
cost of the reconstruction of the elevator at the Police Building
in and for the City of Ithaca, Tompkins County, New York,
including original furnishings, equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in
connection therewith, there are hereby authorized to be issued
$62,000 serial bonds of the City of Ithaca, Tompkins County, New
York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated
cot of the aforesaid specific object or purpose is $62,000 and
that the plan for the financing thereof is by the issuance of the
$62,000 serial bonds of said City authorized to be issued
pursuant to this bond resolution.
Section 3. It is hereby further determined the period of
probable usefulness of the aforesaid specific object or purpose
is ten years, pursuant to subdivision 13 of paragraph a of
Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anti-cipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
There shall annually be levied on all the taxable real property
in said City a tax sufficient to pay the principal of and
interest on such obligations as the same become due an payable.
Section 6. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed
in the name of the City of Ithaca, Tompkins County, New York, by
the manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted or impressed
and may be attested by the manual or facsimile signature of the
City Clerk.
Section 7. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bond having substantially level or declining debt service
and all matter related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
April 5, 1995
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of
its City Controller, providing for the manual countersignature of
a fiscal agent or of a designated official of the City), the
date, denominations, maturities and interest payment dates, place
or places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. 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 changes shall be so collected by the fiscal agent.
Such bonds shall contain substantially the recital of validity
clause provided for in Section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in
addition to those required by Section 52.00 of the Local Finance
Law, as the City Controller shall determine.
Section 9. The validity of such bonds and bond anticipation
note may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligation are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately,
shall be published in the Ithaca Journal, the official newspaper,
together with a notice of the City Clerk in substantially the
form provided in Section 81.00 of the local Finance Law.
The foregoing resolution was voted on by roll call vote as
follows:
Schroeder - Aye Booth - Aye
Johnson - Aye Mackesey- Aye
Efroymson - Aye Sams - Aye
Hanna - Aye Thorpe - Aye
Shenk - Aye Gray - Aye
Ayes - 10
Nays - 0
Carried Unanimously
* 15.14 Planning Department - Request Approval of Contract for
Southwest Park Wetland Limit Delineation Review
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City has previously contracted with Stearns and
Wheler for an environmental site assessment and preliminary
wetlands delineation for the City's Southwest Park, and
April 5, 1995
WHEREAS, the environmental site assessment and the wetlands
delineation have been completed by the consultant, and
WHEREAS, the City has officially requested formal delineation of
the Southwest Park wetlands by the Army Corps of Engineers, and
WHEREAS, wetlands law and regulations are highly specialized, and
WHEREAS, the City would benefit from the experience and knowledge
Stearns and Wheler has regarding the relevant laws, regulations
and engineering; now, therefore, be it
RESOLVED, That the Mayor, subject to the advice of the
Superintendent of Public Works and City Attorney, is hereby
authorized and directed to execute a contract with Stearns and
Wheler for consultation services to the City regarding the formal
delineation of wetlands in Southwest Park by the Army Corps of
Engineers, with said services to be provided to the City on an
as-needed basis and will be performed for a fee not to exceed
$14,650., and be it further
RESOLVED, That the funds from Capital Project #208, Southwest
Park Development, be used for said consulting services.
Discussion followed on the floor with Planning and Development
Director Van Cort explaining the need for these services.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That the money figure in the first Resolved clause be
changed to $7,000.
Ayes (9) - Booth, Schroeder, Johnson, Thorpe, Sams, Mackesey,
Efroymson, Shenk, Gray
Nay (1) - Hanna
Carried
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Schroeder, Johnson, Gray, Sams, Shenk, Efroymson,
Mackesey, Thorpe, Hanna
Nay (1) - Booth
Carried
* 15.15 Finance/Controller - Appointment of Deputy City Clerk
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That Bill Kaupe is provisionally appointed to the
position of Deputy City Clerk at an 1995 annual salary of
$36,000., effective April 6, 1995.
Extensive discussion followed on the floor regarding the
additional job duties included in the Deputy City Clerk position.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Efroymson, Hanna, Gray, Schroeder, Mayor
Nichols
Nays (5) - Thorpe, Sams, Shenk, Mackesey, Johnson
Carried
* 15.16 Building Department - Request to Adjust Deputy Building
Commissioner Salary
By Alderperson Booth: Seconded by Alderperson Shenk
April 5, 1995
RESOLVED, That Phyllis Radke have her annual salary adjusted to
$42,000., which is Grade 3 on the 1995 compensation plan for the
City Executive Association, effective April 6, 1995.
Carried Unanimously
* 15.17 Building Department - Hiring Above Minimum
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That Susan Kittle be appointed to the position of Code
Enforcement Community Service Officer at an hourly rate of $7.38
for 25 hours per week, that being Grade 2 of the CSEA
Administrative Unit, effective April 6, 1995.
Ayes (9) - Efroymson, Thorpe, Mackesey, Johnson, Shenk,
Sams, Hanna, Gray, Schroeder
Nay (1) - Booth
Carried
* 15.18 Attorney - Request to Settle Claims
By Alderperson Booth: Seconded by Alderperson Thorpe
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-430 Fees
to provide funds for settlement of claims against the City.
Carried Unanimously
* 15.19 DPW - Approval of Golf Course Contract
By Alderperson Booth: Seconded by Alderperson
WHEREAS, the Board of Public Works has undertaken a program to
consolidate the golf course operations fully into the
department's operations and through the Superintendent has
negotiated a labor contract with the Golf Course Manager covering
a two year transition period, and
WHEREAS, a draft contract has been discussed by the Budget and
Administration Committee, and reviewed by the Attorney's Office
and Personnel Office, and
WHEREAS, the final draft is largely unchanged and is expected to
be available April 6, 1995 for final review and signatures; now,
therefore, be it
RESOLVED, That Common Council delegates power to sign the
finished contract to the Mayor in consultation with the
Attorney's Office, Personnel Office, Controller and Chair of the
Budget and Administration Committee and Superintendent and
directs the Board of Public Works to resubmit the new Golf Course
budget and revenue projections to the Budget and Administration
Committee for their review and action, and be it further
RESOLVED, That the 1995 Operating Budget for the golf course be
amended and those amendments are to reflect $52,090 in revenues
and the same amount in expenditures.
Alderperson Booth explained that this resolution reflects an
effort to have the person who manages the golf course become a
City employee.
Discussion followed on the floor, and this item was deferred to
an Executive Session at the end of the meeting.
* 15.20 Common Council - Request to Approve Amendment to Network
Capital Project for TIIAP Grant
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the City of Ithaca has been in a growing collaboration
with Tompkins County Government on all issues related to computer
networking and telecommunications, and
WHEREAS, the City is committed to the training and development of
its own staff to enable them to fully use the computer resources
we are developing, and
WHEREAS, the City has already funded $245,000 to establish a
fiber-optic backbone that can link the two municipalities, and
April 5, 1995
their departments, and to establish a City Local Area Network,
and
WHEREAS, the City and the County are committed to use these new
technology resources to enhance citizen access to computer
networking, to public governmental and non-governmental
information vital to citizen wellbeing, and to the vast resources
of the Internet, and
WHEREAS, the City and the County have agreed to be partners, and
the County has agreed to serve as Lead Agency, in the submission
of a proposal for a Telecommunications and Information
Infrastructure Program (TIIAP) grant from the U.S. Department of
Commerce, and
WHEREAS, the City wishes to provide a match for federal funding
under that grant, and
WHEREAS, the TIIAP match period will be from April 21, 1995 to
March 31, 1997, and the grant period will be from October 1, 1996
to March 31, 1997, and
WHEREAS, the City match will include $122,500 in in-kind and in-
cash expenses already budgeted and auditable for the purposes of
the TIIAP, and
WHEREAS, the City, as a demonstration of its commitment to assure
access to computer networking "have-nots" within the City, wishes
to provide $15,000 for acquiring and placing access terminals in
key locations within the City; now, therefore, be it
RESOLVED, That the required City matching share of $122,500 and
the City's own commitment of $15,000 for the TIIAP Grant shall be
transferred to Capital Project #211 Computer Networking for this
purpose, contingent upon final approval and receipt of said grant
funds, and be it further
RESOLVED, That Capital Project #211 Computer Networking, be
amended and increased by an amount not to exceed $275,000, of
which increase $15,000 is for new cash outlays for community
access purposes, and $137,500 is the federal TIIAP grant match
bringing the total of the said capital project authorization to
an amount not to exceed $335,000 subject to the conditions stated
herein, and be it further
RESOLVED, That this resolution shall be attached to the TIIAP
proposal as a representation of the City's commitment of in-kind
and in-cash resources matchable by Federal funds on a dollar-for-
dollar basis, and be it further
RESOLVED, That the $15,000 in new funds shall be derived from the
issuance of serial bonds.
Discussion followed on the floor regarding the grant proposal.
A vote on the Resolution resulted as follows:
Carried Unanimously
* 15.21 Attorney - Request Approval of Legislation for Fire
Fighter Preference List
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca and the Town of Ithaca have an
intermunicipal agreement for the provision of fire fighting
services, and
WHEREAS, the City of Ithaca Fire Department provides the service
and the Town of Ithaca contributes approximately one-third to the
total cost of fire fighting and emergency medical services for
the jointly covered area; and
April 5, 1995
WHEREAS, the Town of Ithaca also selects two of the five members
of the joint Board of Fire Commissioners which by City Charter
has significant authority over the operation of the City Fire
Department, and
WHEREAS, the Town and City would like to be able to give
preference in hiring to fire fighters who are residents of both
the City and the Town of Ithaca in one joint list in the
interests of equity in intermunicipal cooperation, and
WHEREAS, Section 23.4-a of the New York State Civil Service Law
and Public Officer's Law Section 3.4, when read together, may
prohibit the City's Civil Service Commission from giving
preferential certification to a joint City-Town list; now,
therefore, be it
RESOLVED, That the Mayor is authorized to join with the Town
Supervisor in requesting that Assemblyman Martin Luster and
Senator James L. Seward introduce and support legislation during
the 1995 session which would make it clear that the City of
Ithaca Civil Service Commission has the authority to certify
preferential lists which include residents of both the City and
the Town in one joint list, and be it further
RESOLVED, That the Mayor and City Clerk are hereby authorized and
directed to file a Home Rule Request with the New York State
Legislature.
Discussion followed on the floor with Alderperson Sams stating
that she will vote against this Resolution as it will serve to
dilute the pool of minority applicants. Mayor Nichols noted that
the Fire Department is conducting a very active recruiting and
outreach campaign to encourage people to take the Civil Service
Firefighter exam.
Ayes (8) - Booth, Shenk, Efroymson, Johnson, Gray, Schroeder,
Mackesey, Hanna
Nays (2) - Sams, Thorpe
Carried
RECESS:
Common Council recessed at 9:20 p.m. and reconvened at 9:30 p.m.
15.3 Commons Coordinator - Request to Approve Selection of
Vendors Policy for CAB Sponsored Events
By Alderperson Booth: Seconded by Alderperson Hanna
Ordinance No. 95-___
An Ordinance Amending Section A352-6 of Article I of the Commons
Operations Manual and Vending Cart Regulations by Adding a New
Subdivision G.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
G. In determining which vendors shall be approved for
participating in any event on the Ithaca Commons sponsored by the
Commons Advisory Board, the Board shall select vendors in accord
with the following list of priorities:
1. Vendors operating within the current year with a val
2. Vendors whose operations are in keeping with the
theme of the event.
3. Vendors whose operations will provide variety within
the theme of the event.
4. Vendors from businesses operating within Ithaca's
Central Business District.
5. Vendors from businesses operating outside the
Central Business District and within the City of
Ithaca.
April 5, 1995
6. Vendors from businesses operating outside the City
of Ithaca and within Tompkins County.
7. Other vendors from beyond Tompkins County, who apply
for participation, taken on a first come, first
accepted basis from the date the Board announces
the scheduling of the event.
No vendor shall be considered for participation in an event
sponsored by the Board unless the vendor has submitted a written
application on a timely basis and in accord with the Board's
requirements for submitting such application.
Discussion followed on the floor regarding the priority list.
A vote on the Ordinance resulted as follows:
Carried Unanimously
PLANNING COMMITTEE:
* 17.1a Alienation and Substitution of Park Land Pursuant to
Inlet Island Land Use Plan: Home Rule Request
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, certain lands situate in the City of Ithaca on "Inlet
Island" have been acquired, reserved or designated for park and
recreation purposes and are no longer useful for such purposes;
and
WHEREAS, the Common Council of the City of Ithaca wishes to
discontinue the use of those lands for park and recreation
purposes, and to be authorized and empowered to discontinue the
use as park land, and to sell and convey these lands upon such
terms and conditions as Common Council shall deem appropriate;
and
WHEREAS, Common Council has investigated and located potential
substitute park lands; now, therefore, be it
RESOLVED, That
1. The lands currently owned by the City of Ithaca acquired,
reserved or designated for park purposes which the City wishes to
alienate from such park restrictions are described in Section 2
of the attached proposed act.
2. The proposed substitute park lands are described in
Section 3 of the attached proposed act.
3. The Mayor and the City Attorney are hereby authorized and
directed to take all appropriate steps to request the legislature
of the State of New York to authorize the City of Ithaca to
discontinue the use of the land described in Section 2 of the
proposed act for park and recreation purposes.
Alderperson Schroeder explained what lands are involved.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That a fourth Whereas clause be added to read as
follows:
"WHEREAS, Common Council intends this action to be one step
toward implementation of the Land Use Plan illustrated on Map 8
of the 1992 Report of the Inlet Island Land Use Committee; now,
therefore, be it"
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 17.1b Alienation and Substitution of Park Land Pursuant to
Inlet Island Land Use Plan: Home Rule Request
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, certain lands situate in the City of Ithaca on "Inlet
Island" have been acquired, reserved or designated for park and
April 5, 1995
recreation purposes and are no longer useful for such purposes,
and
WHEREAS, the Common Council of the City of Ithaca wishes to
discontinue the use of those lands for park and recreation
purposes and to be authorized and empowered to discontinue the
use as park land and to sell and convey these lands upon such
terms and conditions as Common Council shall deem appropriate,
and
WHEREAS, Common Council has investigated and located potential
substitute park lands; now, therefore, be it
RESOLVED, That the Mayor and the City Clerk are hereby authorized
and directed to file a Home Rule Request with the New York State
Legislature requesting that the New York State Legislature enact
a special law entitled "An act to authorize the City of Ithaca,
Tompkins County, to discontinue the use of certain lands owned
for park and recreation purposes", Assembly No. 6480-A and Senate
No. 3827-A, a copy of which proposed act is attached hereto.
Discussion followed on the floor with City Attorney Guttman
explaining procedural methods to the Council.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That a fourth Whereas Clause be added to read as
follows:
"WHEREAS, Common Council intends this action to be one step
toward implementation of the Land Use Plan illustrated on Map 8
(1992) of the Report of the Inlet Island Land Use Committee; now,
therefore, be it,"
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
AN ACT TO AUTHORIZE THE CITY OF ITHACA, IN THE COUNTY OF
TOMPKINS TO DISCONTINUE THE USE OF CERTAIN REAL
PROPERTY OWNED FOR PARK PURPOSES.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
Section 1. Notwithstanding any provision of law, rule or
regulation to the contrary, concurrent with acquiring title in
fee simple by the City of Ithaca to all of the lands described in
Section three of this act, the City of Ithaca, in the County of
Tompkins, is hereby authorized and empowered to discontinue the
use as park lands and to sell and convey upon such terms and
conditions as it shall deem appropriate the lands described in
Section two of this act, which had been acquired, reserved or
designated by the City of Ithaca for park and recreation purposes
and are no longer useful for such purposes. Said City is
authorized to execute and deliver a deed of conveyance of valid
title in fee simple of the real property described in Section two
of this act or any part thereof. The lands described in Section
three of this act acquired by such City and all other
consideration received shall be used for park purposes by said
City.
Section 2. The lands referred to in Section one of this act
to be discontinued as park lands, which may be sold and conveyed
by the City of Ithaca are described more fully as follows:
INLET ISLAND-PARCEL ONE
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
April 5, 1995
Beginning at a point in the northerly line of West Buffalo
Street marked by an iron rod, said point of beginning being
located the following two courses from the intersection of the
northerly line of West Buffalo Street and the westerly line of
Taughannock Boulevard: north 84 degrees 18 minutes 49 seconds
west 3.65 feet; south 87 degrees 28 minutes 40 seconds west 67.20
feet; said point of beginning being the southwesterly corner of
premises now or formerly of Zaharis (Liber 619 of Deeds at page
27); running thence from said point of beginning south 87 degrees
28 minutes 40 seconds west along the northerly line of West
Buffalo Street 20.16 feet to a point marked by an iron rod, said
point being the southeasterly corner of premises now or formerly
of Chiaschi (Liber 458 of Deeds at page 818); running thence
north 04 degrees 45 minutes 24 seconds east along the easterly
line of said Chiaschi premises 175.53 feet to a point marked by
an iron rod; running thence a chord bearing and distance of north
03 degrees 02 minutes 25 seconds east 61.10 feet, containing a
central angle of 3 degrees 25 minutes 15 seconds, a radius of
1023.55 feet, and an arc of 61.11 feet to a point marked by an
iron rod, said point being the northeasterly corner of said
Chiaschi premises; running thence south 88 degrees 22 minutes 25
seconds west 37.10 feet to a point marked by an iron rod; running
thence north 01 degrees 54 minutes 35 seconds west 26.00 feet to
a point marked by an iron rod; running thence south 88 degrees 22
minutes 25 seconds west 78.35 feet to a point marked by an iron
rod, said point being the northwesterly corner of said Chiaschi
premises; running thence south 01 degrees 54 minutes 35 seconds
east 262.51 feet along the westerly line of said Chiaschi
premises to a point marked by an iron rod; running thence north
83 degrees 02 minutes 27 seconds west 100.50 feet to a point
marked by an iron rod; running thence north 02 degrees 55 minutes
43 seconds west 459.27 feet to a point marked by an iron rod;
running thence north 10 degrees 22 minutes 33 seconds east 275.49
feet to a point marked by an iron rod; running thence south 44
degrees 22 minutes 04 seconds east 167.36 feet to a point marked
by an iron rod; running thence south 22 degrees 43 minutes 23
seconds east 280.88 feet to a point marked by an iron rod;
running thence south 02 degrees 56 minutes 55 seconds east 122.18
feet to a point marked by an iron rod; running thence south 88
degrees 22 minutes 25 seconds west 30.66 feet to a point marked
by an iron rod; running thence a chord bearing and distance of
south 03 degrees 01 minutes 25 seconds west 63.33 feet,
containing a central angle of 03 degrees 28 minutes 40 seconds, a
radius of 1043.55 feet, and an arc of 63.34 feet to a point
marked by an iron rod; running thence south 04 degrees 45 minutes
25 seconds west 172.98 feet to the point or place of beginning,
containing 2.823 acres of land.
For a more particular description thereof reference is hereby
made to a survey entitled "Lands of the City of Ithaca" prepared
by Stockwin Surveying dated January 26, 1995, a copy of which map
was filed in the Tompkins County Clerk's Office on March 23,
1995. The above described premises are described as parcel
number one on the aforesaid survey.
INLET ISLAND-PARCEL TWO
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron rod, said point of
beginning being located the following courses from the
intersection of the northerly line of West Buffalo Street and the
westerly line of Taughannock Boulevard: north 00 degrees 21
minutes 05 seconds west 202.19 feet to a point; north 03 degrees
08 minutes 55 seconds east 32.42 feet to a point; north 03
degrees 08 minutes 54 seconds east 244.54 feet to a point; north
00 degrees 33 minutes 05 seconds west 64.65 feet to a point;
north 03 degrees 42 minutes 12 seconds west 85.91 feet to a
point; south 87 degrees 11 minutes 41 seconds west 61.20 feet to
a point; a chord bearing and distance of north 05 degrees 36
April 5, 1995
minutes 16 seconds west 72.54 feet, containing a central angle of
07 degrees 17 minutes 47 seconds, a radius of 570 feet and an arc
of 72.59 feet to the point or place of beginning of the premises
described herein; running thence south 71 degrees 39 minutes 29
seconds west 25.02 feet to a point marked by an iron rod; running
thence north 35 degrees 47 minutes 40 seconds west 174.24 feet to
a point marked by an iron rod; running thence north 32 degrees 34
minutes 15 seconds west 72.76 feet to a point marked by an iron
rod; running thence north 10 degrees 22 minutes 32 seconds east
234.42 feet to a point marked by an iron rod; running thence a
chord bearing and distance of south 18 degrees 24 minutes 41
seconds east 9.50 feet, containing a central angle of 00 degrees
56 minutes 03 seconds, a radius of 582.58 feet and an arc of 9.50
feet to a point marked by an iron rod; running thence south 18
degrees 52 minutes 43 seconds east 345.85 feet to a point marked
by an iron rod; running thence south 87 degrees 42 minutes 52
seconds 14.12 feet to a point marked by an iron rod; running
thence a chord bearing and distance of south 13 degrees 50
minutes 25 seconds east 91.18 feet, containing a central angle of
09 degrees 10 minutes 31
seconds a radius of 570.00 feet, and an arc of 91.28 feet to the
point or place of beginning, containing 0.682 acres of land.
For a more particular description thereof reference is hereby
made to the aforesaid survey entitled "Lands of the City of
Ithaca" prepared by Stockwin Surveying dated January 26, 1995.
The above described premises are described as parcel number two
on the said survey.
INLET ISLAND-PARCEL THREE
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point in the westerly line of Taughannock
Boulevard, said point of beginning being located the following
courses from the intersection of the north line of West Buffalo
Street and the west line of Taughannock Boulevard: north 00
degrees 21 minutes 05 seconds west 202.19 feet; north 03 degrees
08 minutes 55 seconds east 32.42 feet to a point; north 03
degrees 08 minutes 54 seconds east 244.54 feet to a point; north
00 degrees 33 minutes 05 seconds west 64.65 feet to a point;
north 03 degrees 42 minutes 12 seconds west 85.91 feet to a
point; north 02 degrees 09 minutes 39 seconds west 147.29 feet to
a point; north 09 degrees 13 minutes 35 seconds west 14.81 feet
to a point; north 02 degrees 48 minutes 19 seconds west 238.00
feet to a point; north 00 degrees 33 minutes 19 seconds west
201.10 feet to a point marked by an iron cap being the point or
place of beginning of the premises described herein, said point
of beginning being the northeasterly corner of premises now or
formerly of Chiaschi (Liber 582 of Deeds, page 230); running
thence south 86 degrees 00 minutes 41 seconds west 107.60 feet to
a point marked by an iron pipe; running thence north 14 degrees
47 minutes 43 seconds west 28.92 feet to a point marked by an
iron rod; running thence north 15 degrees 54 minutes 43 seconds
west 64.36 feet to a point marked by an iron rod; running thence
north 11 degrees 05 minutes 18 seconds east 47.91 feet to a
point; running thence north 15 degrees 54 minutes 43 seconds west
39.19 feet to a point marked by an iron rod; running thence north
73 degrees 11 minutes 38 seconds east 20.13 feet to a point;
running thence north 11 degrees 05 minutes 18 seconds east 4.24
feet to a point marked by an iron rod; running thence north 73
degrees 11 minutes 38 seconds east 102.69 feet to a point marked
by an iron rod; running thence a chord bearing and distance of
south 06 degrees 17 minutes 50 seconds east 131.77 feet,
containing a central angle of 11 degrees 03 minutes 29 seconds, a
radius of 683.78 feet, and an arc of 131.97 feet to a point;
running thence south 00 degrees 48 minutes 00 seconds east 75.79
feet to the point or place of beginning, containing 0.539 acres
of land.
April 5, 1995
For a more particular description thereof reference is hereby
made to the aforesaid survey entitled "Lands of the City of
Ithaca" prepared by Stockwin Surveying dated January 26, 1995.
The above described premises are described as parcel number three
on the said survey.
INLET ISLAND-PARCEL FOUR
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron rod, said point of
beginning being located north 02 degrees 55 minutes 43 seconds
west 459.27 feet from the southwesterly corner of Parcel one
described above; running thence north 10 degrees 22 minutes 33
seconds east 275.49 feet to a point marked by an iron rod;
running thence north 44 degrees 22 minutes 03 seconds west 40.57
feet to a point; running thence 10 degrees 15 minutes 23 seconds
west 103.23 feet to a point; running thence south 02 degrees 55
minutes 43 seconds east 93.00 feet to a point marked by an iron
rod; running thence south 87 degrees 04 minutes 17 seconds west
13.00 feet to a point marked by an iron rod; running thence south
02 degrees 55 minutes 43 seconds east 105.00 feet to the point or
place of beginning, containing 0.145 acres of land.
For a more particular description thereof reference is hereby
made to the aforesaid survey entitled "Lands of the City of
Ithaca" prepared by Stockwin Surveying dated January 26, 1995.
The above described premises are described as parcel number four
on the said survey.
INLET ISLAND-PARCEL FIVE
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron rod, said point of
beginning being the northerly corner of Parcel No. 2 described
above; running thence a chord bearing and distance of north 09
degrees 54 minutes 11 seconds west 162.99 feet, containing a
central angle of 16 degrees 04 minutes 57 seconds, a radius
582.58 feet and an arc of 163.53 feet to a point; running thence
north 01 degrees 51 minutes 43 seconds west 212.00 feet to a
point; running thence north 88 degrees 08 minutes 17 seconds east
19.22 feet to a point; running thence south 15 degrees 54 minutes
43 seconds east 192.00 feet to a point marked by an iron rod;
running thence north 11 degrees 05 minutes 18 seconds east 47.91
feet to a point; running thence north 15 degrees 54 minutes 43
seconds west 39.19 feet to a point marked by an iron rod; running
thence north 73 degrees 11 minutes 38 seconds east 20.13 feet to
a point; running thence north 11 degrees 05 minutes 18 seconds
east 4.24 feet to a point marked by an iron rod; running thence
south 73 degrees 11 minutes 38 seconds west 26.79 feet to a point
marked by an iron rod; running thence north 15 degrees 22 minutes
52 seconds west 63.50 feet to a point; running thence north 14
degrees 27 minutes 37 seconds west 126.98 feet to a point;
running thence north 11 degrees 02 minutes 22 seconds west 127.30
feet to a point; running thence north 05 degrees 42 minutes 07
seconds west 63.80 feet to a point; running thence north 01
degrees 40 minutes 05 seconds west 73.00 feet to a point; running
thence north 87 degrees 27 minutes 10 seconds east 45.35 feet to
a point; running thence a chord bearing and distance of north 11
degrees 54 minutes 27 seconds west 176.26 feet, containing a
central angle of 12 degrees 40 minutes 15 seconds, a radius of
798.64 feet and an arc of 176.62 feet to a point; running thence
south 12 degrees 40 minutes 06 seconds west 234.73 feet to a
point; running thence south 09 degrees 51 minutes 00 seconds west
513.10 feet to a point; running thence south 07 degrees 49
minutes 02 seconds east 78.78 feet to a point; running thence
April 5, 1995
south 27 degrees 34 minutes 42 seconds east 12.68 feet to a
point; running thence a chord bearing and distance of south 18
degrees 18 minutes 24 seconds east 239.32 feet, containing a
central angle of 21 degrees 36 minutes 41 seconds, a radius of
638.27 feet, and an arc of 240.75 feet to a point; running thence
south 32 degrees 34 minutes 15 seconds east 88.97 feet to a point
marked by an iron rod; running thence north 10 degrees 22 minutes
32 seconds east 234.42 feet to the point or place of beginning,
containing 2.437 acres of land.
For a more particular description thereof reference is hereby
made to a survey entitled "Lands of the City of Ithaca" prepared
by Stockwin Surveying dated January 26, 1995. The above
described premises are described as parcel number five on the
said survey.
Section 3. The lands referred to in Section one of this act
to be acquired the City of Ithaca are more fully described as
follows:
IF-1
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, State of New York, more particularly
bounded and described as follows:
Beginning at a point in the easterly line of Lake Street, said
point of beginning being the northwesterly corner of premises now
or formerly of Cornell University (Liber 209 of Deeds at page
531); running thence north 00 degrees 56 minutes 35 seconds west
along the east line of Lake Street 58.62 feet to the southwest
corner of premises now or formerly of Worth (Liber 652 of Deeds
at page 866); running thence easterly along the southerly edge of
the top of the bank the following chord bearing and distances:
south 86 degrees 47 minutes 28 seconds east 59.84 feet to an iron
pipe marking the southeast corner of said premises of Worth;
south 85 degrees 08 minutes 20 seconds east 73.04 feet to a
point; north 50 degrees 52 minutes 01 seconds east 43.09 feet to
a point being the southeast corner of premises now or formerly of
Worth (Liber 687 of Deeds at page 271), also being the southwest
corner of premises now or formerly of Rabinor (Liber 614 of Deeds
at page 306); north 16 degrees 46 minutes 52 seconds east 58.63
feet to a point; south 89 degrees 17 minutes 24 seconds east
79.85 feet to a point; north 83 degrees 56 minutes 44 seconds
east 70.16 feet to a point; north 74 degrees 54 minutes 47
seconds east 50.41 feet to a point; north 53 degrees 50 minutes
25 seconds east 82.58 feet to a point, said point being the
southeast corner of said Rabinor premises, said point also being
the southwest corner of premises now or formerly of Kappa
Foundation, Inc. (Liber 296 of Deeds at page 322, Liber 412 of
Deeds at page 240, Liber 412 of Deeds at page 261); north 84
degrees 20 minutes 08 seconds east 271.03 feet to an iron pin
marking the southeast corner of said Kappa Foundation, Inc.
premises, said point also being the southwest corner of premises
now or formerly of Stifel (Liber 708 of Deeds at page 30); north
84 degrees 19 minutes 03 seconds east 114.49 feet to a point
being the southeast corner of said Stifel premises, also being
the southwest corner of premises now or formerly of Banfield
(Liber 713 of Deeds at page 321); south 86 degrees 14 minutes 52
seconds east 75.21 feet to a point; south 47 degrees 49 minutes
02 seconds east 62.59 feet to a point; south 32 degrees 25
minutes 58 seconds east 48.33 feet to a point being a corner of
said Banfield premises also being the northwesterly corner of
premises now or formerly of Wilson (Liber 325 of Deeds at page
194); south 06 degrees 31 minutes 50 seconds east 96.97 feet to a
point; south 46 degrees 48 minutes 24 seconds west 78.17 feet to
a point; south 34 degrees 15 minutes 05 seconds west 52.63 feet
to a point; south 20 degrees 11 minutes 17 seconds east 22.95
feet to a point; south 70 degrees 47 minutes 52 seconds east
114.50 feet to a point; south 78 degrees 46 minutes 59 seconds
east 120.08 feet to a point; south 05 degrees 37 minutes 02
seconds west 21.45 feet to a point marking the southerly corner
of said Wilson premises, said point also being the westerly
corner of premises now or formerly of Sagan (Liber 584 of Deeds
April 5, 1995
at page 500); south 35 degrees 56 minutes 26 seconds east 35.78
feet to a point; south 20 degrees 51 minutes 20 seconds west
43.23 feet to a point; north 86 degrees 08 minutes 43 seconds
east 41.80 feet to a point; north 45 degrees 59 minutes 31
seconds east 42.99 feet to a point; south 13 degrees 13 minutes
22 seconds east 45.20 feet to a point; north 77 degrees 40
minutes 02 seconds east 34.36 feet to a point in the westerly
line of Stewart Avenue; running thence south 04 degrees 22
minutes 24 seconds west 85.05 feet along the westerly line of
Stewart Avenue to a point, said point being the northeasterly
corner of premises now or formerly of Cornell University; running
thence along the southerly boundary of the high water mark of
Fall Creek the following chord bearing and distances: north 87
degrees 14 minutes 54 seconds west 129.16 feet to a point; north
83 degrees 03 minutes 50 seconds west 90.42 feet to a point;
north 77 degrees 10 minutes 09 seconds west 131.71 feet to a
point being the northwesterly corner of said Cornell University
premises, said point also being the northeasterly of premises now
or formerly of the Ithaca Meeting Religious Society of Friends
(Liber 652 of Deeds at page 332); north 73 degrees 23 minutes 29
seconds west 85.75 feet to a point; north 67 degrees 50 minutes
32 seconds west 37.60 feet to a point at the top of the high
falls; south 76 degrees 18 minutes 13 seconds west 22.47 feet to
a point; north 64 degrees 41 minutes 58 seconds west 75.43 feet
to a point marking the northwest corner of said Ithaca Meeting
Religious Society of Friends premises, said point also being the
northeast corner of premises now or formerly of Sigma Nu Lodge
(Liber 188 of Deeds at page 134); north 69 degrees 02 minutes 00
seconds west 127.20 feet to a point marking the northwest corner
of said Sigma Nu Lodge premises, said point also being the
northeast corner of premises now or formerly of State Street
Associates, L.P. II (Liber 640 of Deeds at page 807); north 52
degrees 40 minutes 31 seconds west 134.97 feet to a point; north
76 degrees 28 minutes 47 seconds west 91.28 feet to point marking
the northwest corner of said State Street Associates, L.P. II
premises, said point also being the northeast corner of premises
now or formerly of Cornell University (Liber 243 of Deeds at page
60); north 83 degrees 09 minutes 45 seconds west 98.17 feet to a
point; north 89 degrees 43 minutes 34 seconds west 114.95 feet to
a point; north 85 degrees 58 minutes 28 seconds west 76.49 feet
to a point being the northwest corner of said Cornell University
premises, said point also being the northeast corner of premises
now or formerly of Cornell University (Liber 209 of Deeds at page
531); north 77 degrees 55 minutes 22 seconds west 93.86 feet to
the point or place of beginning, containing 8.437 acres of land.
For a more particular description thereof reference is
hereby made to a survey entitled "Boundary Map-Ithaca Falls
Survey-Inlet Island Substitute Park Lands-Parcel IF-1" prepared
by T.G. Miller, P.C., Allen T. Fulkerson, L.S., dated January 19,
1995, a copy of which map was filed in the Tompkins County
Clerk's Office on March 23, 1995
IF-2
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron pin, said point being
the intersection of the easterly line of Lake Street and the
northerly line of Lincoln Street; running thence north 87 degrees
12 minutes 39 seconds east 180.00 feet along the northerly line
of Lincoln Street to a point marked by an iron pin; running
thence north 87 degrees 03 minutes 13 seconds east 83.16 feet to
a point marked by an iron pipe; running thence easterly 105+ feet
along the top of the bank a chord bearing and distance of south
83 degrees 41 minutes 38 seconds east 97.00 feet to a point
marked being the southeast corner of premises now or formerly of
Cornell University (Liber 243 of Deeds at page 60); running
thence north 01 degrees 28 minutes 22 seconds east, passing
through an iron pin at 135.19 feet, a total distance of 290.17
April 5, 1995
feet to a point marking the southerly boundary of the high water
line of Fall Creek, said point being the northeast corner of said
Cornell University premises; running thence westerly 400+ feet
along the said high water line the following chord bearing and
distances: north 83 degrees 09 minutes 45 seconds west 98.17
feet; north 89 degrees 43 minutes 34 seconds west 114.95 feet;
north 85 degrees 58 minutes 28 seconds west 76.49 feet; north 77
degrees 55 minutes 22 seconds west 93.86 feet to a point in the
easterly line of Lake Street, said point being the southwest
corner of the above described IF-1 premises; running thence south
02 degrees 23 minutes 45 seconds east 329.99 feet along the
easterly line of Lake Street to the point or place of beginning,
containing 2.543 acres.
For a more particular description thereof reference is hereby
made to a survey entitled "Boundary Map-Ithaca Falls Survey-Inlet
Island Substitute Park Lands-Parcel IF-2" prepared by T.G.
Miller, P.C., Allen T. Fulkerson, L.S., dated January 19, 1995, a
copy of which map was filed in the Tompkins County Clerk's Office
on March 23, 1995.
IF-3
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point in the westerly line of Stewart Avenue,
said point being at the top of the bank of the southerly gorge of
Fall Creek, said point being the southeast corner of premises now
or formerly of Cornell University said point also being the
northeast corner of premises now or formerly of Alpha Sigma Phi
(Liber 180 of Deeds at page 542); running thence westerly 415+
feet along the top of the bank the following chord bearing and
distances: south 38 degrees 14 minutes 04 seconds west 19.90 feet
to a point; north 53 degrees 19 minutes 18 seconds west 22.18
feet to a point; north 60 degrees 04 minutes 15 seconds west
41.99 feet to a point; north 81 degrees 42 minutes 16 seconds
west 58.22 feet to a point; north 39 degrees 32 minutes 05
seconds west 35.71 feet to a point; south 78 degrees 01 minutes
58 seconds west 40.03 feet to a point; north 22 degrees 21
minutes 45 seconds west 43.08 feet to a point; north 85 degrees
39 minutes 03 seconds west 24. 00 feet to a point; north 34
degrees 06 minutes 07 seconds west 36.28 feet to a point; north
85 degrees 02 minutes 18 seconds west 38.6 feet to a point; south
86 degrees 37 minutes 57 seconds west 26.45 feet to a point being
the northwesterly corner of said premises of Alpha Sigma Phi;
running thence north 31 degrees 19 minutes 04 seconds west 51.36
feet to a point in the high water line of Fall Creek; running
thence easterly 354+ feet along the high water mark of Fall Creek
the following chord bearing and distances: south 77 degrees 10
minutes 09 seconds east 131.71 feet to a point; south 83 degrees
03 minutes 50 seconds east 90.42 feet to a point; south 87
degrees 14 minutes 54 seconds east 129.16 feet to a point in the
westerly line of Stewart Avenue, said point being the
southeasterly corner of Parcel IF-1 described above; running
thence south 04 degrees 22 minutes 24 seconds west along the
westerly line of Stewart Avenue 117.54 feet to the point or place
of beginning, containing 0.545 acres of land.
For a more particular description thereof reference is hereby
made to a survey entitled "Boundary Map-Ithaca Falls Survey-Inlet
Island Substitute Park Lands-Parcel IF-3" prepared by T.G.
Miller, P.C., Allen T. Fulkerson, L.S., dated January 19, 1995, a
copy of which map was filed in the Tompkins County Clerk's Office
on March 23, 1995.
IF-4
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
April 5, 1995
Beginning at a point marked by an iron pin in the northerly
line of Willard Way; running thence along the northerly line of
Willard Way on a curve to the left, an arc distance of 76.43
feet, being a chord bearing and distance of south 81 degrees 56
minutes 14 seconds west 57.44 feet to a point marked by an iron
pin; running thence north 11 degrees 50 minutes 02 seconds west,
passing through an iron pin at 45.68 feet a total distance of
203.92 feet to a point in the high water mark of Fall Creek;
running thence easterly 225+ feet along the high water mark of
Fall Creek the following chord bearing and distances: south 64
degrees 41 minutes 58 seconds east 75.43 feet to a point; north
76 degrees 18 minutes 13 seconds east 22.47 feet to a point;
south 67 degrees 15 minutes 32 seconds east 37.60 feet to a
point; south 73 degrees 23 minutes 29 seconds east 85.75 feet to
a point; running thence south 31 degrees 19 minutes 04 seconds
east 19.98 feet to a point; running thence south 89 degrees 03
minutes 30 seconds west, passing through an iron pin at 7.1 feet
a total distance of 136.73 feet to a point marked by an iron pin;
running thence south 09 degrees 34 minutes 07 seconds east 108.26
feet to the point or place or beginning, containing 0.377 acres.
For a more particular description thereof reference is hereby
made to a survey entitled "Boundary Map-Ithaca Falls Survey-Inlet
Island Substitute Park Lands-Parcel IF-4" prepared by T.G.
Miller, P.C., Allen T. Fulkerson, L.S., dated January 19, 1995, a
copy of which map was filed in the Tompkins County Clerk's Office
on March 23, 1995.
IF-5
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron pin, said point of
beginning being the northeasterly corner of premises now or
formerly of Sigma Nu Lodge (Liber 188 of Deeds at page 134), said
point of beginning being located north 11 degrees 50 minutes 02
seconds west 45.68 feet from an iron pin set in the westerly line
of Willard Way; running thence south 89 degrees 24 minutes 23
seconds west 156.43 feet to a point marked by an iron pin;
running thence north 01 degrees 28 minutes 24 seconds east 202.08
feet to a point in the high water mark of Fall Creek; running
thence easterly 130+ along the high water mark of Fall Creek a
chord bearing and distance of south 69 degrees 02 minutes 00
seconds east 127.20 feet to a point; running thence south 11
degrees 50 minutes 02 seconds east 158.24 feet to the point or
place of beginning, containing 0.557 acres.
For a more particular description thereof reference is hereby
made to a survey entitled "Boundary Map-Ithaca Falls Survey-Inlet
Island Substitute Park Lands-Parcel IF-5" prepared by T.G.
Miller, P.C., Allen T. Fulkerson, L.S., dated January 19, 1995, a
copy of which map was filed in the Tompkins County Clerk's Office
on March 23, 1995.
IF-6
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by a fence post at the top of the
southerly bank of Fall Creek gorge, said point being in the
westerly line of premises described above as IF-5; running thence
north 01 degrees 28 minutes 24 seconds east 98.00 feet to a point
in the high water mark of Fall Creek; running thence westerly
230+ feet along the high water mark of Fall Creek the following
chord bearing and distances: north 52 degrees 40 minutes 31
seconds west 134.97 feet to a point; north 76 degrees 28 minutes
47 seconds west 91.28 feet to a point; running thence south 01
April 5, 1995
degrees 28 minutes 22 seconds west 145.98 feet to a point located
9 feet northerly of an iron pin; running thence south 86 degrees
34 minutes 50 seconds east 150.25 feet to a point; running thence
south 45 degrees 39 minutes 52 seconds east 66.20 feet to the
point or place of beginning, containing 0.554 acres.
For a more particular description thereof reference is hereby
made to a survey entitled "Boundary Map-Ithaca Falls Survey-Inlet
Island Substitute Park Lands-Parcel IF-6" prepared by T.G.
Miller, P.C., Allen T. Fulkerson, L.S., dated January 19, 1995, a
copy of which map was filed in the Tompkins County Clerk's Office
on March 3, 1995.
SM-2
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point, said point of beginning being marked by
a concrete monument, said point of beginning being located north
76 degrees 14 minutes east 1,302.6 feet from a point in the
center line of Coddington Road, said point in the center line of
Coddington Road being located 2,234.2+ feet southeasterly along
the center line of Coddington Road from its intersection with
the center line of Troy Road; said point of beginning being in
the northeasterly line of a former railroad right of way now or
formerly reputedly owned by the New York State Electric and Gas
Corporation as shown on the hereinafter described survey; running
thence along an old fence and hedge row, an average bearing of
north 76 degrees 14 minutes east 557.6 feet to a concrete
monument located in the westerly line of premises now or formerly
of the City of Ithaca; running thence north 10 degrees 39 minutes
east along a hedge row 933.0 feet to a concrete monument; running
thence north 11 degrees 25 minutes east 371.8 feet to an iron
pipe; running thence along an average bearing of north 81 degrees
10 minutes west 896.3 feet to an iron pin; running thence along
an average bearing of north 79 degrees 08 minutes east 677.2+
feet to a point in the northeasterly line of the aforesaid former
railroad right of way now reputedly owned by the New York State
Electric and Gas Corporation; running thence southeasterly along
the easterly line of said former railroad right of way 1,840+
feet to the point or place of beginning.
For a more particular description thereof reference is hereby
made to a survey entitled "Final Plat Grandmother Subdivision -
Located on Coddington Road Mil. Lot 97 - Town of Ithaca, Tompkins
Co., NY" prepared by T.G. Miller Associates, P.C. Engineers and
Surveyors dated April 19, 1988, amended April 19, 1993, amended
September 10, 1993, a copy of which survey was filed in the
Tompkins County Clerk's Office on October 8, 1993 in Drawer 4
131.
SM-4
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point, said point of beginning being located
the following courses from a point in the center line of
Slaterville Road, said point in the center line of Slaterville
Road being located southerly 381.7 feet along the center line of
Slaterville Road from its intersection with the centerline of
Honness Lane: south 65 degrees 48 minutes west 114.8 feet to a
point; north 26 degrees 13 minutes west 21 feet to a point; south
58 degrees 08 minutes west 95.2 feet to a point marked by an iron
pin; south 58 degrees 58 minutes west 298.4 feet to a point
marked by an iron pipe; south 41 degrees 46 minutes east 328 feet
to a point marked by an iron pin; south 64 degrees 12 minutes
west 359.2 feet to the point or place of beginning of the herein
described premises; running thence south 64 degrees 12 minutes
April 5, 1995
west 100 feet to a point marked by an iron pipe; running thence
south 63 degrees 46 minutes west 246.5 feet to a point marked by
an iron pipe; running thence south 32 degrees 56 minutes east
337.2 feet to a point marked by an iron pipe; running thence
south 41 degrees 28 minutes east 55.4 feet to a point marked by
an iron pipe; running thence south 43 degrees 51 minutes east
75.8 feet to a point marked by an iron pipe; continuing thence
south 43 degrees 51 minutes east 18+ feet to the center line of a
stream; running thence in an easterly direction along the center
line of said stream a chord bearing and distance of north 78
degrees 34 minutes east 290.1 feet to an iron pin in the center
line of said stream; running thence north 25 degrees 12 minutes
east 98.3 feet to a point marked by an iron pin; running thence
in a northwesterly direction to the point or place of beginning.
The above described premises are the westerly portion of
premises shown on a map entitled "Survey Map of 1409 Slaterville
Road (N.Y.S. 79) - Town of Ithaca - Tompkins County - New York"
prepared by Kenneth A. Baker, Professional Land Surveyor, dated
November 27, 1990, which map was filed in the Tompkins County
Clerk's Office on January 2, 1991, in Drawer R76.
SM-11 and SM-12
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at an iron pipe located at the southwesterly corner
of premises conveyed by Grace Hanford to Harold Marion by deed
dated December 5, 1925 and recorded in Liber 210 of Deeds at page
200, such iron pipe at the point of beginning being located south
59 degrees 56 minutes west 496 feet from the center of a concrete
culvert in the center of the Catskill Turnpike, said point in the
center of the concrete culvert being located approximately 1400
feet northwesterly along the center of said Turnpike from its
intersection with the extended south line of Military Lot 95 in
the Town of Ithaca; running thence south 42 degrees 5 minutes
east along the southerly line of said Marion premises 327.5 feet
to a pipe at the southeasterly corner of said Marion premises
(being also the southwest corner of premises conveyed by Grace
Hanford to Harry Baker by deed dated December 5, 1925 and
recorded in Liber 210 of Deeds at page 199); running thence south
65 degrees west 706.3 feet to a concrete monument in the
northerly line of lands conveyed by said Grace Hanford to the
City of Ithaca by deed dated February 3, 1942, and recorded on
February 4, 1942, in Liber 262 of Deeds at page 458; running
thence north 22 degrees 41 minutes west 112.6 feet to a concrete
monument; running thence north 14 degrees 59 minutes west 200
feet to a concrete monument; running thence north 28 degrees 40
minutes west 325 feet to a concrete monument, said point being a
northwesterly corner of premises conveyed by Grace Hanford to
Robert D. Sweet and M. Virginia Sweet by deed dated October 19,
1943 and recorded on August 9, 1944 in Liber 271 of Deeds at page
477, said point also being the southwest corner of premises
conveyed to Robert D. Sweet and M. Virginia Sweet by deed of
Grace Hanford dated June 7, 1948 and recorded on July 9, 1948 in
Liber 310 of Deeds at page 460; continuing thence north 28
degrees 40 minutes west, passing through a concrete monument at
75.5 feet, 125.5 feet along the northerly line of premises of the
City of Ithaca to a concrete monument; running thence north 22
degrees 50 minutes west 300 feet to a concrete monument;
continuing thence north 22 degrees 50 minutes west 400 feet to a
concrete monument; continuing thence north 22 degrees 50 minutes
west approximately 331 feet to the center line of a brook;
running thence southeasterly along the center line of said brook
387 feet to a iron pipe set at the junction of two brooks;
running thence easterly and along a small brook 62 feet to an
iron pipe set at the southwest corner of premises conveyed to
DeWitt Marion by deed recorded in Liber 207 of Deeds at page 63;
running thence southeasterly along an old fence line marking the
southwest boundary of said DeWitt Marion premises 512 feet to an
April 5, 1995
iron pipe; continuing along said old fence line 200 feet to an
iron pipe set at the southeast corner of premises described in a
deed to Harley and Cora Marion recorded in Liber 234 of Deeds at
page 208; continuing southeasterly along said old fence 169.9
feet to an iron pipe marking the southeasterly corner of premises
conveyed by Hanford to Sweet (Liber 310 of Deeds at page 460)
said point also being the northerly corner of premises conveyed
from Hanford to Sweet (Liber 271 at page 477); running thence
south 39 degrees 30 minutes east 256+ feet to the point or place
of beginning.
SM-17
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate partially in
the City of Ithaca and partially in the Town of Ithaca, County of
Tompkins, and State of New York, more particularly bounded and
described as follows:
Beginning at a point marked by an iron pin said point of
beginning being located the following courses from the
intersection of the southerly line of the old Giles Street and
the westerly line of East State Street: south 23 degrees 52
minutes west 65.3 feet to an iron pipe; south 4 degrees 33
minutes west 146.8 feet to an iron pipe; north 84 degrees 17
minutes west 95.8 feet to an iron pin marking the point or place
of beginning, said point of beginning being in the southerly line
of premises now or formerly of Schoneman (Liber 602 of Deeds at
page 882); running thence south 9 degrees 58 minutes west 127.0
feet to an iron pin; running thence south 01 degrees 18 minutes
east 55.7 feet to an iron pin; running thence south 42 degrees 27
minutes east 30.7 feet to an iron pin; running thence north 84
degrees 25 minutes east 122.4 feet to an iron pipe in the
northerly line of premises now or formerly of Moris (Liber 604 of
Deeds at page 58); running thence south 33 degrees 47 minutes
west, passing through an iron pin at 53.6 feet a total distance
of 150.9 feet to a point in the center of a brook; running thence
in a westerly direction along the center line of said brook
having a chord bearing and distance of south 70 degrees 49
minutes west 137.3 feet, a total distance of 140+ feet to a point
in the easterly line of premises of the City of Ithaca; running
thence north 24 degrees 10 minutes west, passing through a
concrete monument at 126.0+ feet and passing through an iron pipe
at 403.5 feet a total distance of 426.0 feet to an iron pin with
a cap set at the location of an old concrete monument; running
thence south 84 degrees 17 minutes east 267.4 feet to the point
or place of beginning, containing 1.63 acres of land.
The above described premises are more particularly shown on a
survey entitled "Survey Map - William G. and Susan Merrill - 1305
East State Street - Ithaca, New York Showing City Parcel To Be
Conveyed" prepared by Thomas G. Miller, Engineer and Surveyor,
dated March 18, 1969, revised September 16, 1986, revised March
2, 1987, revised January 31, 1995, a copy of which last revised
map was filed in the Tompkins County Clerk's Office on March 23,
1995.
IT
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point marked by an iron pin, said point of
beginning being located north 60 degrees 19 minutes 59 seconds
west 120.55 feet from the intersection of the northwesterly line
of Cherry Street with the northerly line of property now or
formerly of Rubin and Milton Weiner, (Liber 569 of Deeds at page
1030), said point of beginning also being located south 60
degrees 19 minutes 59 seconds east 63.16 feet from a concrete
monument; running thence south 23 degrees 33 minutes 02 seconds
west 802.72 feet to a point in the easterly line of premises of
the City of Ithaca (Liber 350 of Deeds at page 24); running
April 5, 1995
thence north 10 degrees 52 minutes 42 seconds west 14.34 feet to
the northeast corner of said City of Ithaca premises; running
thence south 87 degrees 47 minutes 26 seconds west 13.21 feet
along the northerly line of said City of Ithaca premises to a
point; running thence north 23 degrees 33 minutes 02 seconds east
798.78 feet to a point; running thence south 60 degrees 19
minutes 59 seconds east 20.11 feet to the point or place of
beginning, containing 15,921 square feet.
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the City of
Ithaca, County of Tompkins, and State of New York, more
particularly bounded and described as follows:
Beginning at a point, said point of beginning being located
the following two courses from the southerly corner of the above
described parcel: south 10 degrees 52 minutes 42 seconds east
14.73 feet to the southeasterly corner of the premises of the
City of Ithaca (Liber 350 of Deeds at page 24); south 87 degrees
47 minutes 26 seconds west 9.25 feet to the point or place of
beginning; running thence south 23 degrees 33 minutes 02 seconds
west 309.01 feet to a point marked by an iron pin, said point
being located the following two courses from an iron pin in the
former line separating the City of Ithaca from the Town of
Ithaca: north 87 degrees 47 minutes 26 seconds east 59.63 feet;
south 24 degrees 01 minutes 07 seconds west 221.06 feet; running
thence south 87 degrees 47 minutes 26 seconds west 22.51 feet to
a point; running thence north 23 degrees 37 minutes 33 seconds
east 309.21 feet to a point in the southerly line of said
premises of the City of Ithaca (Liber 350 of Deeds at page 24);
running thence north 87 degrees 47 minutes 26 seconds east 22.06
feet to the point or place of beginning, containing 6,201 square
feet.
The above two described parcels of land are more particularly
shown on a survey map entitled "Boundary Map - Cayuga Inlet
Survey - Inlet Island Substitute Park Land - "Parcel IT" - City
of Ithaca, Tompkins Co., N.Y." prepared by T.G. Miller, P.C.
Engineers & Surveyors, dated March 8, 1995, a copy of which map
was filed in the Tompkins County Clerk's Office on March 23,
1995. The above two described premises are shown as Parcel A and
Parcel B on the above described map.
Section 4. This act shall take effect immediately.
17.2 Revision to Agreement with Comex Plaza Associates
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, a Memorandum of Understanding was entered into between
the City of Ithaca and Comex Plaza Associates on December 10,
1993, regarding the use and design of the ground floor retail
space of the "Rothchilds Building", and
WHEREAS, this Memorandum of Understanding was based on an April
7, 1993 Common Council resolution authorizing re-use and re-
design of the Rothchilds Building, then called the McCurdy
Building, provided Comex Plaza Associates met certain
requirements, and
WHEREAS, Comex Plaza has requested that the terms of said
Memorandum of Understanding be modified to expand the permitted
tenanted use of this building; now, therefore, be it
RESOLVED, for the reasons more particularly stated in the
proposed agreement, the City of Ithaca agrees to amend the
Memorandum of Understanding dated December 10, 1993, and be it
further
April 5, 1995
RESOLVED, that the Mayor is hereby authorized to enter into a
Memorandum of Understanding amending the December 10, 1993
Memorandum of Understanding.
Alderperson Schroeder suggested that in the first Whereas clause
of the Memorandum of Understanding, the following wording be
added after the date March 17, 1993 "and re-dated April 5, 1995".
No Council member objected.
Alderperson Hanna suggested that #5 of the Memorandum of
Understanding be changed to read as follows:
"5. Comex Plaza Associates shall provide additional lighting,
independent of that provided by retail tenants, to illuminate the
outdoor arcade area facing The Commons and Aurora Street."
No Council member objected.
A vote on the Resolution resulted as follows:
Carried Unanimously
The City of Ithaca/Comex Memorandum of Understanding dated April
26, 1995 is on file in the City Clerk's Office.
* 17.3 An Ordinance Amending Section 31-5 "Powers and Duties" of
Chapter 31 Entitled "Conservation Advisory Council" of the City
of Ithaca Municipal Code
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, one of the Conservation Advisory Council's primary
responsibilities, as stated in the City of Ithaca Environmental
Quality Review Ordinance, is to review environmental assessments
and impact statements and to make recommendations to the lead
agency; and
WHEREAS, Chapter 31 of the City of Ithaca Municipal Code,
concerning the responsibilities of the Conservation Advisory
Council, was written before the City of Ithaca Environmental
Quality Review Ordinance was enacted and therefore does not
include a statement regarding the Conservation Advisory Council's
responsibilities in this regard; now, therefore, be it
Ordinance No. 95-_____
An Ordinance amending Chapter 31 entitled "Conservation Advisory
Council" of the City of Ithaca Municipal Code
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. That a new subdivision to be known and designated
as subdivision A of Section 31-5 entitled "Powers and Duties" of
Chapter 31 entitled "Conservation Advisory Council" of the City
of Ithaca Municipal Code is hereby added to said chapter to read
as follows:
"A. Provide input, assistance, comments and recommendations
regarding environmental assessments and environmental impact
statements for proposed actions as provided in the City of Ithaca
Environmental Quality Review Ordinance."
Section 2. That subdivisions A, B, C, D, E, F, G, H, I, J,
and K of Section 31-5 entitled "Powers and Duties" of Chapter 31
entitled "Conservation Advisory Council" be renumbered B, C, D,
E, F, G, H, I, J, K and L respectively.
Section 3. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Carried Unanimously
Board of Public Works Recommendations for Six Mile Creek Land
Acquisition
April 5, 1995
Alderperson Schroeder stated that the Board of Public Works has
recommended that the City use a dedicated fund that is derived
from the Water Department for the purchase and/or protection of
certain parcels in the Six Mile Creek Watershed. He stated that
he would like to discuss those recommendations further in
Executive Session.
Proposal for Historic Preservation Tax Incentive
Alderperson Schroeder reported that Historic Ithaca appeared
before the Planning Committee and suggested that the City
institute a program that would be an incentive for renovation of
buildings in the City's historic districts or within designated
historic monuments in the City. He noted that Historic Ithaca is
suggesting two alternatives for the City to study. He stated
that one idea is that qualified rehabilitation expenses be
deducted from the post-rehab value of the building, as incentive
to whoever developed the property. Another option would be that
after improvements were made to a building, the assessment would
only be paid at 50% of the resultant value of the building. He
stated that the Planning Committee suggested that Historic Ithaca
make this presentation to the Budget and Administration Committee
because of the financial implications these incentives would have
on the City.
YOUTH AND HUMAN SERVICES COMMITTEE:
* 18.1 Youth Recognition Award
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, at it's February, 1995 meeting the Common Council
decided to bestow awards on selected youth, and
WHEREAS, there are regularly youth whose character,
accomplishments, and activities go unnoticed by the majority of
the City's population, and
WHEREAS, Common Council recognizes the importance of
acknowledging youth's contributions; now, therefore, be it
RESOLVED, That each member of Common Council, on a rotating
basis, shall choose a youth, or group of youths, from the City of
Ithaca, and be it further
RESOLVED, That such youth be presented at a monthly Common
Council meeting as the recipient of Ithaca Common Council's
"Distinguished Youth Award", and be it further
RESOLVED, That in addition to a certificate of merit the youth
will receive from the City a twenty dollar ($20) gift certificate
to the City of Ithaca business of their choice.
Discussion followed on the floor with City Attorney Guttman
stating that he has discussed this matter with City Controller
Cafferillo and there is an arguable concern that the gift
certificate may be considered as an unconstitutional gift under
the New York State Constitution.
Amending Resolution
By Alderperson Hanna: Seconded by Alderperson Booth
RESOLVED, That the last Resolved clause shall read as follows:
"RESOLVED, That a suitably framed Certificate of Merit be given
to such youth."
Further discussion followed on the floor.
A vote on the Amending Resolution resulted as follows:
Ayes (9) - Booth, Hanna, Johnson, Mackesey, Sams, Shenk,
Gray, Thorpe, Schroeder
Nay (1) - Efroymson
Carried
April 5, 1995
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.2 General Report
Community Empowerment Project
Alderperson Shenk reported that the Community Empowerment
Committee will be coming to the Youth and Human Services
Committee meeting on April 13, 1995 to give an update on the
progress of the project.
Program Review
Alderperson Shenk stated that the Youth and Human Services
Committee will be working on a program review in May and June for
the GIAC, Youth Bureau and Southside programs.
NEW BUSINESS
* 19.1 Declaration for Shade Tree Week in the City of Ithaca
By Alderperson Johnson: Seconded by Hanna
WHEREAS, the City has an active and enthusiastic Shade Tree
Advisory Committee which supports and advises the City Forester
and Board of Public Works in all matters related to plantings on
city property, and
WHEREAS, The City adopted a Tree Protection Ordinance which is
enforced by the City Forester with advice from the Shade Tree
Advisory Committee, and
WHEREAS, as a result of the work of the Committee, the City has
received three Small Business Administration Planting Grants
totaling $37,000 in a multi-year project to bring trees to the
Old Elmira Road area, and
WHEREAS, the Committee has established a Recommended Tree List
and Arboricultural Practices Guide, and
WHEREAS, the Committee has helped develop a computerized
inventory of all trees in the City Right-of-Way, and
WHEREAS, the Committee has started a new program entitled Ithaca
Tree works to plant more trees at lower cost by using bare-root
materials, and
WHEREAS, the Committee is helping renovate the Commons planting
areas this Spring with new trees, shrubs, perennials and annuals,
and that this is of especial importance, with the City's
celebration of the 20th anniversary of the Commons, nd
WHEREAS, the Committee is helping plant other areas of the City
this Spring, including Wood Street Park, Collegetown, the
Northside and the City Cemetery, and
WHEREAS, the Committee enlists volunteer support from students
and other residents to help plant, prune and maintain city trees
and green spaces, through the Citizen Pruner Program, a joint
operation between the City and Cornell Cooperative Extension, and
WHEREAS, Common Council would like to join the Shade Tree
Advisory Committee in formally welcoming our new City Forester,
Andrew Hillman, to the Forest City, Ithaca, and
WHEREAS, the last Friday in April is traditionally celebrated as
Arbor Day in the City of Ithaca; now, therefore, be it
RESOLVED, That the week of April 23 to 29, 1995, be hereby
declared Shade Tree Week in the City of Ithaca.
Carried Unanimously
19.2 West State Street Area Parking Garage
April 5, 1995
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, the County is considering moving certain County offices,
currently located at the Biggs Building, to the downtown area,
which move, if made, would significantly increase the demand for
parking in or near the Central Business District, and
WHEREAS, this move will provide significant social and economic
benefits to the City and its residents, and
WHEREAS, discussion between City and County staff and elected
officials have led to an understanding on the part of City
participants that if the move takes place, and if the City builds
a parking garage in the West State area, the County will pay part
of the capital construction cost of that garage that is
attributable to the extra demand for parking that is created by
the County office space, and
WHEREAS, the City is prepared to negotiate in good faith for a
long-term agreement with the County that will include a
modification of the agreement of June 24, 1992;
now, therefore, be it
RESOLVED, That the City continue to urge the County to move its
offices downtown, and be it further
RESOLVED, That the City is committed to negotiating an agreement
with the County whereby the County, if the City builds a parking
garage, will pay one-third of the cost of constructing a parking
space for each calculated space not provided on its own project
site, and be it further
RESOLVED, That the City will urge the County to join with it in
cooperatively pursuing other appropriate measures (e.g., public
transit initiatives, park and ride facilities, ride sharing
incentives, pedestrian/bicycle friendly design elements, etc.) to
reduce additional demand for parking resulting from a relocation
of these County offices to the downtown area.
A vote on the resolution resulted as follows:
Ayes (9) - Schroeder, Johnson, Hanna, Sams, Shenk, Mackesey,
Gray, Efroymson, Thorpe
Nays (1) - Booth
Carried
EXECUTIVE SESSION:
By Alderperson Mackesey: Seconded by Alderperson Shenk
RESOLVED, That Common Council adjourn into Executive Session to
discuss a personnel matter and acquisition of land.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened in Regular Session at 11:05 p.m. and
presented the following Resolution:
15.9 DPW - Approval of Golf Course Contract
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Board of Public Works has undertaken a program to
consolidate the golf course operations fully into the
department's operations and through the Superintendent has
negotiated a labor contract with the Golf Course Manager covering
a two year transition period, and
WHEREAS, a draft contract has been discussed by the Budget and
Administration Committee, and reviewed by the Attorney's Office
and Personnel Office, and
WHEREAS, the final draft is largely unchanged and is expected to
be available April 6, 1995 for final review and signatures; now,
therefore, be it
April 5, 1995
RESOLVED, That Common Council, subject to the approval of the
Board of Public Works, delegates power to sign the finished
contract to the Mayor in consultation with the Attorney's Office,
Personnel Office, Controller and Chair of the Budget and
Administration Committee and Superintendent and be it further
RESOLVED, That the 1995 Operating Budget for the golf course be
amended as follows:
Increase Revenues: A980-2013 Golf Course Concessions 22,800
A980-2415 Rental of Golf Carts 29,290
52,090
Increase Appropriation Expense:
A960-7250-105 Staff Salaries 7,208
A960-7250-120 Part-time Seasonal 8,832
A960-7250-125 Overtime 400
A960-7250-420 Gas and Oil 200
A960-7250-425 Office Expense 300
A960-7250-435 Contractual Services 10,880
A960-7250-445 Travel and Mileage 100
A960-7250-455 Advertising 450
A960-7250-465 Concession Supplies 12,400
A960-7250-476 Equipment Maintenance 400
A960-7250-477 Equip. Parts & Supplies 8,220
A960-7250-480 Bldg. Maint. Supplies 250
A960-7250-482 Signs and Blanks 200
A960-7250-483 Construction Materials 2,250
52,090
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor