Loading...
HomeMy WebLinkAboutMN-CC-1995-05-03May 3, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. May 3, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Efroymson, Hanna, Gray, Thorpe, Johnson, Mackesey, Sams, Shenk, Schroeder OTHERS PRESENT: City Attorney - Guttman City Controller - Cafferillo City Clerk - Conley Holcomb Building Commissioner - Eckstrom Fire Chief - Wilbur Deputy Fire Chief - Dorman Police Chief - McEwen PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the April 5, 1995 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the April 5, 1995 Common Council meeting be deferred until the June 7, 1995 meeting. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Mayor Nichols requested the addition of Item 19.1 - Lead Agency Status to Board of Public Works for Youth Bureau Project - Resolution. Alderperson Efroymson requested the addition of Item 19.2 - Cornell University Building Permits - Resolution. No Council member objected. MAYOR'S APPOINTMENTS: Affirmative Action Advisory Committee Mayor Nichols announced appointments to the Affirmative Action Advisory Committee as follows: Sam Cohen, Youth Bureau Term expires 12-31-96 Mark Spadolini, Fire Department Term expires 12-31-96 Brenda Kuhn, Community Member Term expires 12-31-96 Marcia Fort, Youth Bureau Term expires 12-31-97 Tom West, Department of Public Works Term expires 12-31-97 Linda Lerch, Community Member Term expires 12-31-97 Mayor Nichols noted that there are still vacancies for community members. COUNCIL'S APPOINTMENT: Local Advisory Board of Assessment Review Common Council authorized the City Clerk to make appointments to the Local Advisory Board of Assessment Review for the year 1995. COMMUNICATIONS: Mayor Nichols reported that the City of Ithaca was once again named "Tree City" on Arbor Day, and was awarded a flag. May 3, 1995 PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL: Stop Wal-Mart Campaign Rally Mr. Tim Allen, 213 North Corn Street, announced that the Stop Wal-Mart Campaign will be holding a rally at the flood control levy at the development site of the proposed Wal-Mart store on Saturday, May 13, 1995 at 12:00 noon. A petition to stop Wal- Mart will be submitted to the City at that time. Archive Issue Ms. Faye Gougakis, 412 East Tompkins Street, addressed Council in support of the proposed archive for cable access. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: GIAC Alderperson Efroymson reported that GIAC will be holding its annual Open House on May 13, 1995, from 10:00 a.m. - 4:00 p.m. REPORT OF CITY ATTORNEY: BT Glass Building City Attorney Guttman reported that bids have been received for the sale of the BT Glass building, and will be considered on Thursday, May 4, 1995. He stated that this matter will come before Common Council in June. BUDGET AND ADMINISTRATION COMMITTEE: * 14.1 Fire Department - Request to Approve the Purchase of Used Fire Vehicle By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the Fire Department is currently renting an aerial ladder to provide protection to the citizens of the City and Town of Ithaca, and WHEREAS, the City of Ithaca has received $13,750 from the insurance settlement for the damaged Seagrave (Ladder 939), and WHEREAS, the Fire Department staff has found a 1972 Seagrave aerial for sale for $37,650, and WHEREAS, the Fire Department staff has evaluated the 1972 Seagrave aerial and determined that the apparatus could serve the Department as a reserve aerial for four to five years; now, therefore, be it RESOLVED, That Capital Project #311 be established to purchase said Aerial Ladder Vehicle at an amount not to exceed $37,650, and be it further RESOLVED, That the source of funds for said vehicle shall be derived from the following: Capital Reserve #15 (Fire Engine Replacement) $23,900 Insurance Settlement 13,750 $37,650 Carried Unanimously * 14.2 Common Council - Approval of 1996 Guidelines for Community Service Funding By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Budget & Administration Committee of Common Council be authorized to review all 1996 requests for non- mandated May 3, 1995 city funding from private, non-profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements 1. All applications for 1996 funding must be submitted in writing to the City Controller by July 1, 1995. 2. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well being of city residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). 3. a. Each application must include budgets for 1995 and 1996, financial reports from 1993 and 1994, and an enumeration of other funding sources. b. The applications should also include a count of individuals served, by municipality, for prior years, and a report on any positive impacts and benefits. c. The application must include a description of methods for measuring positive outcomes from 1996 funding. Criteria and Evaluation Scoring The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgment, the proposal shall receive zero points in each such case. These criteria and evaluation scores will be used by the Budget & Administration Committee as guidelines in evaluating requests for funding: 1. The proposed activity will benefit the social, cultural, economic and/or environmental well being of residents of the City of Ithaca. 2. a. The proposal will service city residents in proportion to City funding requested. b. The sponsor of the proposed activity: 1. has received funding, or 2. is reasonably assured of receiving funding, or 3. has made a good faith effort to receive funding from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. 3. The proposed activity will serve an identified need in the city and does not duplicate another service. 4. The proposed activity is designed to effectively meet the needs of those to be benefitted; and the proposal includes measurable objectives and outcomes. 5. The applicant demonstrates sound management practices. 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the disabled. May 3, 1995 7. The proposed activity will produce a long-term benefit. EVALUATION AND SCORING OF COMMUNITY SERVICES FUNDING REQUESTS Criteria Points 1. Benefit well-being of residents 0 - 10 2a. Serve City residents 0 - 5 b. Sponsor has: 1. Received funding or 3 2. Assured of receiving funding or 2 3. Made good faith effort to receive 1 3. Serves an identified need (not duplicated) 0 - 5 4. Designed to meet needs; includes objectives and outcomes 0 - 5 5. Sound management practices 0 - 5 6. Benefit financially needy and handicapped 0 - 5 7. Long term benefit 0 - 5 RESOLVED, That by September 1, 1995, the Budget & Administration Committee shall forward its recommendations to the Mayor for consideration in the 1996 budget. Alderperson Shenk suggested that the review committee be broader than it was last year, and that a listing of the previous years funding be made available to applicants. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 14.3 DPW - Request to Establish Capital Project for Tennis Court Reconstruction By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the tennis courts at Stewart Park and Cass Park are in a state of disrepair, and WHEREAS, reconstruction estimates are $68,000 for restoration and repairs of four courts in Stewart Park and all tennis courts at Cass Park; now, therefore, be it RESOLVED, That Capital Project #310 Tennis Court Reconstruction be established in an amount not to exceed $68,000 to fund said project, and be it further RESOLVED, That said funds will be derived from the issuance of Serial Bonds. Carried Unanimously * 14.4 Attorney - An Ordinance Amending Article II "Stewart Park" of Chapter 336 Entitled "Parks and Recreation" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Gray Ordinance 95-_____ An ordinance amending Chapter 336 entitled "Parks and Recreation" of the City of Ithaca Municipal Code. WHEREAS, the Parks Commission has reviewed the Stewart Park regulations as they currently appear in Chapter 336 of the City of Ithaca Municipal Code; and WHEREAS, the Parks Commission has made recommendations to the Board of Public Works to change several of these regulations; and WHEREAS, the Board of Public Works has reviewed the current regulations regarding Stewart Park and the recommendations of the Parks Commission and has recommended the following changes to Chapter 336 of the City of Ithaca Municipal Code. May 3, 1995 NOW THEREFORE, BE IT Ordained and Enacted by the Common Council of the City of Ithaca, New York, as follows: Section 1. Article 2 entitled "Stewart Park" of Chapter 336 entitled "Parks and Recreation" of the City of Ithaca Municipal Code is amended as follows: 1. Section 336-11 entitled "Dogs" is hereby amended to read as follows: "Section 336-11. Dogs. No dogs shall be permitted in the park with the exception of licensed dogs assisting the disabled. Exception to this prohibition is by permit only which may be granted by the Board of Public Works." 2. Section 336-12 entitled "Horses" is hereby amended to read as follows: "Section 336-12. Horses. No saddle horse shall be [ridden in the park except on bridle paths which may from time to time be determined by the Board of Public Works. No other horse shall be] permitted at any time in the park except upon roads and parking places, and they shall be ridden, driven or led at a pace not faster than a walk. Exception to this prohibition is by permit only which may be granted by the Board of Public Works." 3. Section 336-13 entitled "Motorcycles" is hereby repealed. 4. That a new subdivision to be known and designated as subdivision C of Section 336-15 entitled "Motor Vehicles" is hereby added to said chapter to read as follows: C. No motor vehicles will be allowed on any grassy area within the park at any time without a permit which may be granted by the Board of Public Works. This prohibition shall not apply to vehicles owned and operated by the City of Ithaca. 5. Section 336-16 entitled "Wearing of bathing suits inside buildings" is hereby repealed. 6. Section 336-17 entitled "Hours of bathing" is hereby repealed. 7. Section 336-19 entitled "Boats" is hereby amended to read as follows: 336-19. Boats. Except in the event of an emergency, no motor boat shall land at the beach in the park, nor shall any motor boat approach close to any such beach. 8. Section 336-23 entitled "Fires" is hereby amended to read as follows: 336-23. Fires. No fires shall be started or maintained at any point in the park except at duly constituted fireplaces Exception to this prohibition is by permit only which may be granted by the Board of Public Works. That a new section to be entitled "Swimming" to follow Section 336-23 entitled "Fires" is hereby added to said chapter to read as follows: "336-___. Swimming. No swimming will be allowed within the Park." Section 2. This ordinance shall take effect immediately in accordance of law upon publication of notice as provided in the Ithaca City Charter. May 3, 1995 Discussion followed on the floor regarding the changes in regulations. Common Council suggested that a notice be published in the Ithaca Journal noting that dogs will not be allowed in the park, with the exception of dogs assisting the disabled. Amending Resolution By Alderperson Booth: Seconded by Alderperson Thorpe RESOLVED, That at the end of Section 8, following the words "Board of Public Works", the following words be added: "after notification to and approval by the Fire Chief." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 14.5 Environmental Audit By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Tax Parcels 31-2-5 and 31-2-6 situate in the Town of Ithaca, have previously been designated as appropriate substitute park land for Southwest Park, and WHEREAS, the County taxes on said parcels have not been paid and these parcels had been scheduled for sale at the County Tax Sale to be held on January 27, 1995, and WHEREAS, both the City of Ithaca and Town of Ithaca have requested that these parcels not be sold at the January 1995 tax sale, which request was agreed to by the County of Tompkins, and WHEREAS, discussions have taken place between the City of Ithaca and the Town of Ithaca regarding the possibility of the Town of Ithaca purchasing these parcels from the County of Tompkins and holding them for possible later transfer to the City of Ithaca at which time they would be used by the City of Ithaca as substitute park land, and WHEREAS, the Town of Ithaca is unwilling to purchase these properties unless and until a satisfactory environmental site assessment has been conducted, and WHEREAS, it is in the interest of the City of Ithaca for these parcels to be purchased by the Town of Ithaca and to remain undeveloped; now, therefore, be it RESOLVED, That the Mayor, subject to the advice of the City Attorney and the Director of Planning and Development, and specifically subject to confirmation from the City Attorney and the Director of Planning and Development that a satisfactory understanding has been reached with the Town of Ithaca, is authorized to enter into a contract with Gaynor Associates to conduct a Phase I Environmental Site Assessment of said parcels 31-2-5 and 31-2-6 situate in the Town of Ithaca for an amount not to exceed $2,500.00, said funds to be derived from Capital Project 208. Alderperson Booth stated that he will abstain from voting on this resolution due to a potential conflict of interest. A vote on the resolution resulted as follows: Ayes (8) - Booth, Schroeder, Gray, Hanna, Shenk, Sams, Thorpe, Mackesey Nay (1) - Efroymson Abstention (1) - Booth Carried * 14.6 Finance/Personnel - Adoption of Point Factor Plan for Evaluation of New Job Titles By Alderperson Booth: Seconded by Alderperson Johnson May 3, 1995 WHEREAS, the City of Ithaca contracted with V.E. Orlop and Associates to establish a job evaluation methodology for CSEA Administrative Unit positions and Confidential positions, and WHEREAS, V.E. Orlop and Associates developed a Point Factor Plan as a method for evaluating and weighing job titles, and WHEREAS, the Point Factor Plan was endorsed by the labor- management Pay Equity Committee as an appropriate job evaluation methodology, and WHEREAS, it is desirable to use the Point Factor Plan as a method for establishing salary grade assignments for new job titles; now, therefore, be it RESOLVED, That the Point Factor Plan developed by V.E. Orlop and Associates be and hereby is adopted by Common Council for the purpose of establishing salary grade assignments for new job titles that are created by Common Council and assigned to the CSEA Administrative Unit or Confidential Employees Compensation Plan. Carried Unanimously * 14.7 Finance/Controller - A Local Law Electing a Retirement Incentive Program By Alderperson Booth: Seconded by Alderperson Johnson Local Law No.____ of the Year 1995 City of Ithaca A Local Law Electing a retirement incentive program as authorized by Chapter 12, Laws of 1995 for the eligible employees of the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The City of Ithaca hereby elects to provide all its eligible employees in positions specifically targeted with a retirement incentive program authorized by Chapter 12, Laws of 1995. Section 2. The commencement date of the retirement incentive program shall be June 1, 1995. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be 90 days in length. Section 4. That the City of Ithaca will fund the Retirement Incentive Program provided by Chapter 12, Laws of 1995, by paying to the New York State and Local Employees' Retirement System in five annual payments, the amount of which shall be determined by the Retirement System Actuary, the first payment for which is due December 15, 1996. Section 5. This act shall take effect upon filing with the Secretary of State. Discussion followed on the floor with City Controller Cafferillo explaining the procedures involved with this Local Law. A vote on the Local Law resulted as follows: Carried Unanimously * 15.8 Attorney - Request Approval of Legislation for Fire Fighter Preference List By Alderperson Booth: Seconded by Alderperson Gray May 3, 1995 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 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. A vote on the resolution resulted as follows: Ayes (8) - Booth, Efroymson, Shenk, Gray, Schroeder, Mackesey, Johnson, Hanna Nays (2) - Thorpe, Sams Carried ECONOMIC DEVELOPMENT COMMITTEE: Neighborhood Improvement Incentive Fund By Alderperson Thorpe: Seconded by Alderperson Mackesey This fund is set up in recognition of the many Ithaca residents who would like to take proactive measures to improve their communities, but who lack the financial ability to do so. Because so many people are concerned about the deterioration of both the physical and social characteristics of their neighborhoods, this program offers an incentive for people to think creatively and practically about what types of things might do their neighborhoods the most good. The money in this fund should not substitute for neighborhood fund-raising or for capital improvements to the neighborhood; instead it is money to make small projects easily done and seed money for larger projects. The purpose of this fund is to give financial assistance to city residents who want to improve their neighborhoods. Money will be given for a wide range of projects, including but certainly not limited to: neighborhood clean up, planting in public spaces, organizing neighborhood events like area-wide reuse events or block parties, holding meetings for residents, etc. It is not to be used for salaries for event organizers or for hours spent making physical improvements; the intention is that this money will encourage volunteerism, not replace it. This program includes funding for the public planting and neighborhood clean up trash tag programs. Projects that fall under these programs shall be subject to the rules and application process already approved for these programs. May 3, 1995 $2500.00 will be set aside from unrestricted contingency in 1995 for this purpose. The money will be distributed in increments not to exceed $300.00 per year to any one group of people. Preference will be given to neighborhoods not recently granted money from this fund. Requirements: 1. The project must benefit the neighborhood generally; not just a select few residents. Preference will be given to projects that benefit many residents as opposed to few. 2. The application is a brief description of the proposed project, including documentation of costs involved, along with signatures of neighborhood residents. For requests under $100, five signatures are required; for requests over $100, 20 signatures are required. 3. The Neighborhood Planner will assist groups in the application process and will review applications before sending them to the Economic Development Committee to ensure appropriate environmental impact review standards are met, and other concerns are addressed. 4. Applications will be reviewed by the Economic Development Committee, which shall have the ability to authorize expenditures for the projects it approves, within the limits described above. WHEREAS, Common Council recognizes the value of physical improvements to neighborhoods, to the health and welfare of City residents; now, therefore, be it RESOLVED, That $2,500.00 be transferred from Unrestricted Contingency to A1490-435 for the purpose of a Neighborhood Improvement Incentive Program as defined above. Discussion followed on the floor regarding the requirements of this program. Council suggested that a notice be published in the Ithaca Journal to notify citizens that this funding is available. A vote on the resolution resulted as follows: Carried Unanimously FW-1 Line - Elmira Road This item was withdrawn from the Agenda. PLANNING COMMITTEE: Task Force on Traffic Issues - Report Alderperson Schroeder reported that the Task Force on Traffic Issues is requesting that Common Council adopt the same language that the Board of Public Works adopted regarding traffic management in residential neighborhoods. The Planning Committee requested that the Board consider a minor change in wording. Charlie Barber Inventory of City-Owned Property - Report Alderperson Schroeder reported that Deputy Director Sieverding is working on a computerized inventory of non-park, City owned property. Discussions will be held with the Board of Public Works and appropriate departments to determine whether the City needs to retain ownership of these parcels, or if they could be sold. Ordinance Regulating "Adult" Bars - Report Alderperson Schroeder reported that the City does not have an Ordinance that provides for any discretionary authority over the approval process relating to the issue of topless bars in the City. The Planning Committee has discussed a zoning restriction that would apply to such establishments and has asked the Assistant City Attorney to draft an ordinance regarding this matter. Ordinance Regulating Gas Stations in Residential Neighborhoods - Report Alderperson Schroeder reported that the Planning Committee discussed the issue of gas stations, particularly ones that stay open 24 hours, that are operating in residential neighborhoods. May 3, 1995 The Committee thought that regulating the hours of such establishments where there are noise or light impacts on adjacent neighborhoods was appropriate. The Committee requested that the Assistant City Attorney draft an ordinance regarding this matter. Ordinance Regulating Expiration of Non-Conforming Uses - Report Alderperson Schroeder reported that Assistant City Attorney Kennedy relayed to the Committee that recent court cases indicate that cities can establish ordinances whereby non-conforming uses can be terminated when a property is transferred, and perhaps if there is a reasonable amortization period under other criteria. This could have a significant impact on non-conforming housing in the City as well as other non-conforming uses. The Committee will be reviewing this issue. YOUTH AND HUMAN SERVICES COMMITTEE: Community Empowerment Project Alderperson Shenk noted that the Community Empowerment Project has been meeting for months, training, and completing interviews in the community. It was originally a combination needs assessment, and community organizing project. The next step of this process will be focusing on youth issues, and training young people. They hope to have 100 students who would like to talk to Common Council, to voice their opinions and be a part of the political process. Alderperson Shenk stated that the date for the meeting will be Wednesday, May 17, 7:30-9:30 p.m., in Common Council Chambers. INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE: Alderperson Efroymson noted that he has invited the Cable Commission, and members of the Access Advisory Board to the May Inter-Institutional meeting to report on the status of a number of policy issues. Alderperson Hanna reported that the NTIA (computer networking) grant has been submitted for consideration. NEW BUSINESS: Environmental Review Youth Bureau HVAC/Acoustics Project City Attorney Guttman stated that this project needs to be approved by the Board of Public Works. It was discussed at their meeting today and the Board is suggesting that they be considered as Lead Agency. Resolution By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That Common Council consents that the Board of Public Works be the Lead Agency for the Ithaca Youth Bureau HVAC Improvement Project. Carried Unanimously Cornell Building Permits By Alderperson Efroymson: Seconded by Alderperson Schroeder WHEREAS, the zoning laws of the City of Ithaca have been considered and officially adopted by Common Council, and WHEREAS, only Common Council has the right to change the zoning laws of the City of Ithaca, and WHEREAS, zoning laws apply to all properties in the City, no matter how large or small, and WHEREAS, the City has discussed with representatives of Cornell University the desirability of a change in the zoning law, and WHEREAS, there are already ongoing discussions between City staff and representatives from Cornell regarding zoning changes, and WHEREAS, a change in Cornell zoning is already on the Planning Department's work plan for 1995; now, therefore, be it RESOLVED, That Common Council strongly supports the Building Commissioner's determination that the present zoning laws of the City of Ithaca apply to Cornell University, and be it further May 3, 1995 RESOLVED, That Common Council is committed to addressing Cornell's zoning problem, as quickly as possible, to minimize the negative impacts on citizens and workers in the City of Ithaca. Carried Unanimously ADJOURNMENT: May 3, 1995 On motion the meeting adjourned at 8:24 p.m. Julie Conley Holcomb Benjamin Nichols City Clerk Mayor