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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