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HomeMy WebLinkAboutMN-CC-1995-12-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. December 6, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Thorpe, Gray, Efroymson, Sams, Mackesey, Hanna Shenk, Schroeder OTHERS PRESENT: City Clerk - Conley Holcomb City Controller - Cafferillo City Attorney - Guttman Deputy City Controller - Thayer Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding Building Commissioner - Eckstrom Police Chief - McEwen Fire Chief - Wilbur Board of Public Works Commissioner - Reeves Youth Bureau Director - Cohen Superintendent of Public Works - Gray Commons Coordinator - Deming Community Development Administrator - Stevenson Alderperson-elect - Marcham Mayor-elect - Cohen PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the October 4, 1995 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the October 4, 1995 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the October 25, 1995 Special Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That the Minutes of the October 25, 1995 Special Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Special Order of Business Mayor Nichols requested the addition of a public hearing regarding modifications to the Community Development Block Grant. No Council member objected. New Business Mayor Nichols requested the addition of Item 20.1 - Compensation Agreement for the Tompkins County Solid Waste Facility - possible Resolution. No Council member objected. Budget and Administration Committee Alderperson Booth requested the addition of Item 19.1 - An Ordinance Amending Sections 146-37 and 146-38 of Article V, Entitled "Electricians" of Chapter 146 Entitled "Building Construction" of the City of Ithaca Municipal Code. No Council member objected. Alderperson Booth requested the addition of Item 19.11 - Establishment of Salary Ranges for the City Attorney and City Prosecutor Positions - Resolution - Executive Session. No Council member objected. YOUTH AWARD: Alderperson Booth announced that on behalf of the Third Ward Representatives, and Common Council, the December 1995 Youth Award is awarded to a group of Ithaca High School students belonging to an organization named SPARC (Students Promoting Alternative Resolutions to Conflict). He noted that approximately 30 students participate in this organization, and their mission is to provide a peer oriented mechanism for handling disputes between students. Alderperson Booth introduced the students who were in attendance, and presented them a certificate of merit, and a gift certificate. MAYOR'S APPOINTMENTS: Ithaca Urban Renewal Agency Mayor Nichols requested Council approval for the re-appointment of Susan Cummings, 214 Fayette Street, to the Ithaca Urban Renewal Agency, with a term to expire June 30, 1999. Resolution By Alderperson Johnson: Seconded by Alderperson Schroeder RESOLVED, That Common Council approves the re-appointment of Susan Cummings to the Ithaca Urban Renewal Agency, with a term to expire June 30, 1999. Carried Unanimously Planning and Development Board Mayor Nichols requested Council approval for the appointment of Steven Ehrhardt to the Planning and Development Board, as the Board of Public Works Liaison, replacing Denise Rusoff. Resolution By Alderperson Shenk: Seconded by Alderperson Efroymson RESOLVED, That Common Council approves the appointment of Steven Ehrhardt to the Planning and Development Board as the Board of Public Works Liaison. Carried Unanimously Six Mile Creek Committee Mayor Nichols requested Council approval for the re-appointment of John F. (Jack) Booker, 308 Eastwood Avenue, to the Six Mile Creek Advisory Committee with a term to expire December 31, 1997. Resolution By Alderperson Hanna: Seconded by Alderperson Mackesey RESOLVED, That Common Council approves the re-appointment of John F. (Jack) Booker to the Six Mile Creek Committee with a term to expire December 31, 1997. Carried Unanimously Board of Public Works Mayor Nichols requested Council approval for the appointment of Al Davidoff, 407 Utica Street, to the Board of Public Works, with a term to expire December 31, 1996, replacing Denise Rusoff. Resolution By Alderperson Shenk: Seconded by Alderperson Thorpe RESOLVED, That Common Council approves the appointment of Al Davidoff to the Board of Public Works with a term to expire December 31, 1996. Carried Unanimously Ithaca Housing Authority Mayor Nichols announced that he has appointed Gerald Coles, 502 Warren Place, and Theresa Alt, 206 Eddy Street, to the Ithaca Housing Authority with terms to expire October 17, 2000 and October 17, 1999, respectively. COMMUNICATIONS: City Clerk Conley Holcomb read the following letter from Joe Cassaniti into the record: "I am asking you to reinstate the Community Service Officer to a full time position of 40 hours vs. the 25 hours proposed. I am an adamant believer in preventative maintenance and the Community Service Officer in the Building Department is doing a very good job. Susan Kittel has worked closely with me on several occasions: West End Breakfast Club, cart issue, garbage cans, EOC homeless shelter, corner store, etc. She covers all of the City of Ithaca and does her job fairly to all parties and is a fine Building Department representative. When it comes to spending government dollars I am the first to say NO WAY but filling this position correctly will be an efficient and correct usage of the taxpayers funds. Please keep this preventive job going at 40 hours. It will be a wise choice for Common Council members to make." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Community Service Officer The following persons spoke to Council in support of the Community Service Officer position being maintained at 40 hours per week: Jim Hardesty - 309 Second Street Barbara Balluffi - 312 Second Street Veet Deha - 319 South Albany Street Judy Hardesty - 309 Second Street Michael A. Robinson - 248 Floral Avenue, Sidewalks/Floral Avenue Mr. Michael A. Robinson, 248 Floral Avenue, addressed Council regarding the need for sidewalks on Floral Avenue. Resolution of Appreciation to Mayor Nichols Mr. Michael A. Robinson read the following resolution of appreciation to Mayor Nichols and asked that Council consider it as a New Business Item: "WHEREAS, Benjamin Nichols has served the City of Ithaca, New York and its citizens for six years as Mayor, and WHEREAS, he has distinguished himself and his office throughout his three terms of office, and WHEREAS, his many abilities, caring, concern, courage, dedication and diligence have resulted in numerous benefits to the City and its citizens, and WHEREAS, he has shown tremendous courage, willingly subjecting himself to considerable, often unjust criticism in the defense of his lofty principles, and WHEREAS, his commitment, dignity, integrity and perseverance have established new model standards of performance for the future, and WHEREAS, his accomplishments, ethical behavior, leadership and overall performance have assured him a well earned and much deserved place among Ithaca's Mayoral Elite; now, therefore, be it RESOLVED, That Common Council, representing all of the citizens of the City of Ithaca hereby acknowledges and recognizes Ben Nichol's outstanding achievements as Mayor; thanks him for the many sacrifices he has made, and the tremendous service he has given; and extends its sincerest best wishes for the continued success of him and his family in the years to come, and be it further RESOLVED, That a copy of this Resolution be spread upon the official minutes of the City for the scrutiny of present and future generations." Proposed Exterior Property Maintenance Ordinance Mr. Scot Raynor, 314 Cornell Street, a landlord and treasurer of the Landlords Association of Tompkins County, addressed Council regarding the proposed Exterior Property Maintenance Ordinance. He stated that the Association received drafts of the proposed ordinance, including the November 29, 1995 version, but unfortunately, they didn't receive the first draft in time to review it before the Planning Committee meeting on November 21, 1995. He requested that the Association be notified in a more timely fashion in the future about proposed legislation that affects property owners, especially rental property owners and managers. Mr. Raynor noted the Association formed a committee to review the latest draft of the property maintenance legislation, and they are in agreement that several chapters of the Municipal Code should be consolidated into the zoning chapter, and the language clarified so that City officials, property owners and tenants alike, can easily access and understand this information. He stated that the Association has several questions and concerns about the proposed legislation, and asked that the Common Council delay their decision until these items can be discussed further. Octopus Project - Parking Issue Ms. Cynthia Yahn, 610 West Buffalo Street, addressed Council regarding the Buffalo Street parking issue in connection with the Octopus project. She presented a petition to Council members requesting that parking not be removed from the 600 block of West Buffalo Street. Snow and Ice Removal Mr. Larry Roberts, 406 South Plain Street, Program Director for the Finger Lakes Independence Center, announced that the Finger Lakes Independence Center is starting its 1995 snow and ice removal campaign, reminding citizens that the City of Ithaca has an ordinance requiring them to remove snow and ice from their sidewalks and curb cuts within a specific time period. 1996 Budget - Parking Fees Mr. Eric Hintz, President of the Downtown Ithaca Inc., spoke to Council regarding the proposed increase to municipal parking rates in the 1996 budget. He stated that Downtown Ithaca Inc. is opposed to any increase in parking rates. He asked Council to reconsider the possible effects of this proposed increase. Recycling and Solid Waste Center Compensation Program Mr. Henry Vaughan, 304 Eastwood Avenue, Chairman of the Tompkins County Neighborhood Advisory Committee for the Recycling and Solid Waste Center, addressed Council concerning the compensation program regarding the Recycling and Solid Waste Center. He stated that there was significant opposition from the commercial interests and Spencer Road residents when the County announced that it was considering locating the solid waste processing facility on Commercial Avenue. Mr. Vaughan further stated that under the leadership of Mayor Nichols, the City opposed the County's plan, and eventually a settlement was reached that permitted the County to proceed with the facility, under several conditions. One of the conditions was that the County, subject to the approval by the City, would adopt a formal program under which property and business owners would be compensated for the negative impacts, if any, of the new facility. Mr. Vaughan stated that the assessed value of the properties in the defined potential impact area is currently about 36 million dollars. He noted that the long term economic health of this sector of the City is of vital importance to the long term economic health of the whole City. The Neighborhood Advisory Committee has been working on the compensation program for several years and numerous negotiations have occurred between various County and City officials. Mr. Vaughan stated that due to the tremendous efforts of the County, it now appears that there is little likelihood that the program will ever be triggered, both the Neighborhood Advisory Committee and the County are anxious to have an improved program in place. He said that the program presented to Common Council tonight is has been approved by the Board of Representatives, and requires the approval of Common Council. RESPONSE TO THE PUBLIC: Alderperson Schroeder apologized to the Landlords Association of Tompkins County for the delay in the mailing of the proposed Exterior Property Maintenance Ordinance. Alderperson Booth stated that he agrees with the comments regarding raising the downtown hourly parking fees in the 1996 budget. Alderpersons Efroymson and Hanna voiced their support for funding the Community Service Officer position for 40 hours. REPORT OF THE BOARD OF REPRESENTATIVES: County Memorandum of Understanding Tompkins County Board Representative Barbara Mink reported that the Memorandum of Understanding between the County and the City regarding the downtown location of the County Human Services building was amended, and passed by the County Board. Ms. Mink stated that Section 5, Infrastructure, has been rewritten, and substantive changes were also made to Section 1, Parking, clause 4. Extensive discussion followed on the floor regarding the Memorandum of Understanding. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: The Assistant City Attorney is preparing bid documents and specifications for the Golf Course concession. The Board opposes parking permit and fee changes in City lots and ramps. One of the Board's biggest concerns is for business operators, who may lose business if people choose not come downtown due to increased rates. Commissioner Reeves is working with the Tompkins County Senior Citizens Council and the Office for the Aging regarding the recruitment of volunteers to assist the elderly with snow and ice removal. Yard waste pick up ends on December 15, 1995. Disability Advisory Council Mr. Larry Roberts, member of the Disability Advisory Council, reported to Council on the following matters: Handicapped accessibility issues in the City of Ithaca need to be reviewed with Common Council. The Disability Advisory Council will be reviewing the City's Dog Ordinance to see if it needs to be strengthened in regard to service dogs, and seeing eye dogs. The Disability Advisory Council will be reviewing the Municipal Fire Code regarding visual smoke detectors in rental properties for people who are deaf or hearing impaired. COMMUNICATIONS FROM THE MAYOR: 1996 Budget Mayor Nichols explained several aspects of the proposed 1996 budget. He stated that Ithaca and many other cities, are in great hardship due to the economy, and aid reductions from the State and Federal governments. He noted that the City's per capita aid has been drastically reduced, which places increased stress on City taxpayers. Mayor Nichols further noted the many difficult decisions that he, Council, and staff have faced during the budget process, and thanked everyone for their hard work. County Memorandum of Understanding Mayor Nichols noted the changes made to the Memorandum of Understanding with Tompkins County regarding the downtown relocation of the Human Services building, and recommended that Council approve it. Proclamations Mayor Nichols made the following proclamations: Aids Awareness Week - November 30, 1995 - December 7, 1995 World Aids Day - December 1, 1995 Human Rights Days - December 9-10, 1995 REPORT OF THE CITY ATTORNEY: Same Sex Marriage Licenses City Attorney Guttman reported that earlier this week he released an opinion regarding the right and/or the responsibility of the City of Ithaca to issue a marriage license to two individuals who are of the same sex. City Attorney Guttman noted that in his personal opinion, and an opinion shared by the Mayor, the denial of a marriage license to a same sex couple appears to violate their due process and equal protection rights. However, neither the Federal nor the New York State Courts have yet reached that conclusion. The New York State Health Department, Division of Legal Affairs, has advised that City Clerk's should not issue a marriage license to persons of the same sex. City Attorney Guttman stated that the City of Ithaca, as any other city in New York State, has the obligation of enforcing fundamental constitutional privileges. However, the Courts, in discussing this obligation, have made it clear, the City's responsibility to uphold such constitutional rights, and its duty to prevent actions by the City which would violate individuals constitutional rights are those constitutional rights as interpreted by the judiciary. Last month the New York Court of Appeals issued a ruling and granted a lesbian partner the right of adoption as a second parent of a child. In that case the Court overturned a lower Court ruling which had prevented the lesbian couple from both being considered as adoptive parents of the child. City Attorney Guttman stated that there was language in that decision which convinced him that the Courts are not ready at this time, to find that an opposite sex requirement for marriage is a violation of the couple's equal protection rights, or a violation of that couple's fundamental right to marry. He further stated that it is his hope and expectation that in the near future these committed, loving relationships will be granted with full legal status. This cannot be accomplished however, until either the legislature or the Courts open that door, and therefore, it was with great reluctance and disappointment that he issued the opinion earlier this week. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider Community Development Block Grant Reprogramming Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider Community Development Block Grant reprogramming be declared open. Carried Unanimously Mr. Paul Stevenson, Community Development Administrator, explained several aspects of the Block Grant reprogramming, and answered questions from Council regarding the Glyph Technologies proposal. No one appeared to address the Council. Resolution to Close Public Hearing By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider Community Development Block Grant reprogramming be declared closed. Carried Unanimously PLANNING COMMITTEE: * 17.2 Community Development Block Grant Reprogramming By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, the City of Ithaca received Community Development Block Grant (CDBG) fund in 1992 for the West Inlet Housing Development Project, and in 1993 for the Landmark Square Housing Rehabilitation Project, and WHEREAS, neither project could be implemented according to plan, thus leaving approximately $650,000 in CDBG funds to be allocated or “reprogrammed” for other uses, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) requested proposals, with a preference for projects involving affordable housing, job creation and the revitalization of West State Street, and following consultations with the Citizens Advisory Committee, the IURA has identified two projects for recommendation the Common Council for reprogramming, and WHEREAS, the first recommendation is for a loan to Glyph Technologies, which produces and markets digital sound recording equipment, with the loan anticipated to produce five or more jobs, and WHEREAS, the second recommendation involves Ithaca Neighborhood Housing Services (INHS) for a house recycling program, to be initially concentrated in the Cleveland Avenue/Southside Neighborhood, and WHEREAS, both the IURA and the Planning Committee of the Common Council recommend to the Common Council that the two proposals described be approved as part of the reprogramming request to the US Department of Housing and Urban Development (HUD), subject to a public comment process; now, therefore, be it RESOLVED, That the Common Council approves the reprogramming proposal for Glyph Technologies for $100,000, for submission to HUD for final approval, and authorizes the Mayor to sign all related documents, and be it further RESOLVED, That the Common Council gives conceptual agreement to the INHS proposal, pending consultation with neighborhood residents and with final approval required by the Common Council. Discussion followed on the floor regarding additional Block Grant applications. A vote on the Amended Resolution resulted as follows: Carried Unanimously * 17.1 Memorandum of Understanding with Tompkins County By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, Tompkins County is considering the construction of an approximately 65,000 square foot Human Services Building on the 300 block of West State Street, and WHEREAS, the construction of this office building is a welcomed public investment in the West State Street area that may act as an inducement to private investment that will lead to a revitalization of this important area of the City’s Central Business District, and WHEREAS, the design, review and approval, construction and operation of the proposed office building will only be realized by the City of Ithaca and Tompkins County working cooperatively with each other in the development of this project, and WHEREAS, there are issues regarding parking, zoning, site plan and environmental review, and infrastructure that must be resolved in order to realize this project, and WHEREAS, the framework for resolving these development issues has been negotiated and is described in the attached ?? “Memorandum of Understanding Between the City of Ithaca and Tompkins County Concerning the Construction of the Human Services Building on West State Street” dated December 6, 1995, and WHEREAS, it is the City's understanding that the area within the two block radius referred to in Section 1, paragraph 7 is the shaded area on the map, dated December 6, 1995, and WHEREAS, it is the City's understanding that the extent of the of the City's obligation under Section 5, Public Infrastructure, is limited to the $100,000 referred to in that Section, and WHEREAS, this document revises the terms of a similar Memorandum of Understanding between the City and County adopted by Common Council on November 1, 1995; now, therefore, be it RESOLVED, That the Common Council agrees to the terms of the following revised Memorandum of Understanding and authorizes the Mayor to execute this document on behalf of the City of Ithaca. Alderperson Schroeder explained the revisions to the Memorandum of Understanding, and extensive discussion followed on the floor with County Board Representative Mink and Deputy Planning and Development Director Sieverding answering questions from Council members. A vote on the amended resolution resulted as follows: Carried Unanimously The Memorandum of Understanding reads as follows: Memorandum of Understanding Between the City of Ithaca and Tompkins County Concerning the Construction of a County Office Building on West State Street December 6, 1995 The County of Tompkins, a municipal corporation having its principal place of business at 125 East Court Street, Ithaca, NY and hereinafter referred to as the “County,” intends to construct an office building, parking lot and associated site improvements for its offices of the Social Services, Probation and Youth Bureau Departments. The site for this building is comprised of approximately eight parcels located on the block bounded by West State, North Plain, West Seneca and North Albany Streets (Tax Map 71, Block 2) in the City of Ithaca. This Memorandum of Understanding establishes the conditions under which the County will agree to locate this office building on this preferred site and the guidelines by which the County and City of Ithaca will interact during the design, approval, construction, and operation of the new office building hereinafter referred to as the “Human Services Building.” The City of Ithaca, a municipal corporation having its principal place of business at 108 East Green Street, Ithaca, NY and hereinafter referred to as the “City,” and the County agree to the following: 1. Parking Although the existing zoning for the sites under consideration have no on-site parking requirement, the City and County acknowledge that the proposed construction of the Human Services Building will create a parking demand. To meet this demand at least 51 spaces will be provided, by the County, on or near the site of the proposed office building. Additional off-street parking will be provided by the date of occupancy of the new office building as follows: 1. 20 spaces to be provided by the City to the County, at no cost to the County except as described in section 5 below, at the recently reconstructed West State Street parking lot in front of the Central Fire Station. 2. This lot will be provided with lighting and maintained to the standards of other off-street parking facilities operated by the City of Ithaca at its sole cost. 3. 71 spaces to be provided by the County at a new parking lot to be constructed by the County on the block bounded by West State, North Albany, West Seneca and North Geneva Streets (Tax Map 71, Block 3) in accordance with the attached Map entitled “Proposed 71 Space Parking Lot” and dated November 21, 1995. If as a result of a environmental assessment of this site the County determines that major environmental remediation is necessary the County shall have the option of providing these parking spaces at a different location. For purposes of this section “major” shall be defined as the cost of environmental remediation being greater than one half the lowest appraised value of the land (as appraised by Midland Appraisal Associates, Inc. on November 16, 1995) on which the environmental hazard exists. If the County elects to provide parking elsewhere, the City shall have input into the site selection process. Should the County decides to increase the size of this parking lot, the design for the expansion will be jointly planned by the County and City. The County will ensure that this parking lot will be available to the general public during non-business hours. 4. The City and County recognize that various City parking and downtown revitalization studies have identified this site (Tax Map 71, Block 3) as the preferred location for a possible parking garage. The City and County, therefore, agree that in the event, within 12 years from the date the Human Services Building is occupied by the County, the City decides to a construct a parking garage at this site, the County will convey to the City, at no cost to the City, those parcels of this block it then owns. In consideration of this conveyance, the City will provide to the County, at no cost to the County and for so long as the Human Services Building is owned by the County and used for municipal purposes, a number of parking spaces in the parking garage (or during construction of a parking garage at other reasonable sites) equal to the number of surface-level spaces the County had available on the site. 5. If the County needs additional parking, the County will purchase up to 20 parking permits for the spaces referred to in Paragraph 1.1 beginning with the first day of the month the Human Services Building is occupied by any County Department. Purchases of the parking permits shall continue for a period of 240 months commencing upon occupancy of the building and continuing for so long as the Human Services Building is owned by the County and used for municipal purposes. The rate for the parking permits shall be the lowest rate the City charges for monthly parking permits in its off-street parking facilities in the Central Business District or in Collegetown. The County shall pay such amounts annually in advance or monthly. In the event the City decides on an alternate use for this property during the 240-month period referred to above, the City will provide 20 parking spaces at a location that is no more distant from the Human Services Building than Tax Map 71, Block 3. 6. The County will retain the balance of funds in the Mental Health Building escrowed parking account and the $31,000 annual payment will end upon commencement of the construction of the Human Services Building and parking lot as contemplated in this agreement. 7. Subject to the possible modifications described in Section 9 below, the City will not extend the zones for one and two-hour parking or install additional meters within a two-block radius of the preferred site so long as the Human Services Building is owned by the County and used for municipal purposes. 8. At no time will the City request any payment in lieu of taxes with respect to this building, site, or the activities which are performed within so long as the Human Services Building is owned by the County and used for municipal purposes. 9. The City and County, furthermore, agree that the future impact of parking generated by the proposed new office building will be assessed no later than three years from the date of occupancy of the building. If such an assessment shows a negative parking impact on the neighborhoods surrounding the proposed facility, the City and County will attempt to negotiate a mutually acceptable plan that may include the provision of more off-street parking, the evaluation of the restriction on the geographic extent of time limited or metered parking and consideration of park and ride, incentives and other measures to encourage the use of public transit. If a negative impact is found and these negotiations are not successful in producing a mutually acceptable plan or the County does not agree that a negative impact exists or otherwise mitigate a negative impact, both the City and County agree to submit to mediation. 10. The City and County agree to work together to develop an incentive program for City and County employees to encourage and promote the use of public transportation, car pooling and other traffic reducing measures as a means of commuting to work. 2. Zoning The site under consideration is primarily in the B-2c zone. There is a 50-foot maximum building height provision in the B-2c zone. The County has proposed, in its schematic design, a four story building. The City recognizes that it may not be possible to construct the proposed building with an appropriate level of amenity and parking on the proposed site if the height limitation is strictly adhered to. The City agrees to take reasonable steps to accommodate the County should a minimum adjustment to the height limitation in this zone be necessary to accommodate the proposed four story building. The means by which this could be achieved are either through a variance by the Board of Zoning Appeals or through a rezoning by the Common Council or by an agreement to waive the zoning requirements for this building. 3. Site Development Plan Review The City stipulates that Site Development Plan Review for this facility by the City’s Planning and Development Board will be an advisory process. The City will encourage the Planning and Development Board to review any proposal for the Human Services Building facility on the proposed site in an expeditious and cooperative manner. 4. Environmental Quality Review Regulations Recognizing that the Site Development Plan Review process is advisory, the County, as the agency primarily responsible for the action, should be lead agency for the review. 5. Public Infrastructure The City agrees that improvements to the environment and appearance of West State Street are important to the success of the project and agrees to include in the 1996 City budget a $100,000 public infrastructure improvement project to be completed, at the sole cost of the City, prior to the opening of the Human Services Building. This project will be focused on enhancing the pedestrian environment in the immediate vicinity of the Human Services Building on West State Street and will at least include improved street lighting, street landscaping, curbs and sidewalks, all at the sole cost of the City. The lighting shall be provided so that pedestrians experience light levels on both sides of the street within the improvement area that conform to ANSI/IES (American National Standards Institute and Illuminating Engineers Society) standards for commercial and residential areas. The City will consult with the County and other property owners on West State Street on the specific design details of this project before its implementation. In addition to the above mentioned project, the City agrees to develop a long-range project for the Corridor that includes safety and amenity improvements to support revitalization of the area and ensure that the full public benefit from locating the Human Services Building along the Corridor is realized. The City agrees to make available to the Human Services Building the downtown fiber optic network by installing a conduit, at City expense, to the proposed building site that is connected to the rest of that downtown network. Specific network connections, including all wiring cable, and hardware, shall be arranged between County and City engineering departments and installed at County expense. 6. County Office Building The County shall purchase land, perform demolition, environmental remediation, design, and construction of the Human Services Building. The building shall be available for occupancy no later than January, 1999. The County agrees to provide approximately 180 square feet of finished office space in the Human Services Building for the Community Policing Program. This space shall be provided at no cost to the City so long as at least one full-time Police Officer is assigned to provide regular community policing services based from the Human Services Building. This office will be equipped with electrical outlets, lighting, telephone jacks, and information network hookup. If said building is not constructed by the County, this agreement shall be canceled and neither party will be obligated to the other. It is understood by both parties that this agreement is subject to the annual appropriation of funds by the County of Tompkins Board of Representatives and the City of Ithaca Common Council. It is also understood that this agreement supersedes the Mental Health Building Agreement of June 24, 1992. SIGNATURES RECESS: Common Council recessed at 9:10 p.m. and reconvened at 9:20 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 19.1 An Ordinance Amending Sections 146-37 and 146-38 of Article V, Entitled "Electricians" of Chapter 146 Entitled "Building Construction" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Efroymson ORDINANCE NO. -95 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Sections 146-37 and 146-38 of Article V, entitled "Electricians" of Chapter 146 entitled "Building Construction" of the City of Ithaca Municipal Code is hereby amended as follows: 146-37. License application and fees; transferability. A. All persons desiring to be examined shall make application to the Building Commissioner of the city in such form and detail as may be required. Such application shall be accompanied by payment of an examination fee of one hundred dollars ($100). B. The fee for an original license is included in the examination fee. C. Licenses may be renewed annually upon payment of a fee of as follows: fifty dollars ($50) for the year of 1996, seventy five dollars ($75) for the year of 1997, and one hundred ($100) in subsequent years. 146-38. Electrical permits; fees. A. No alterations or additions shall be made in or to the existing wiring in any building nor shall any new construction be wired for the use of electric current without first obtaining a building permit or a building permit for electrical work from the office of the Building Department. B. When the electrical work is being done as a portion of a construction project covered by a building permit, the fee for a building permit shall cover the fee for the electrical permit. In cases where the electrical installation, addition, repair or alteration is the only work scheduled to be performed, the fee shall be equal to the equivalent building permit fee using the schedule in section 146-7.C.(2) based on the valuation of the work. Section 2. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Building Commissioner Eckstrom explained that the fee changes noted above have been incorporated into the proposed 1996 budget. Alderperson Booth stated that there were additional substantive changes that have been removed from this Ordinance, and will be discussed further at the January Budget and Administration Committee meeting. A vote on the ordinance resulted as follows: Carried Unanimously * 19.2 Adoption of 1996 Budget By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 1996 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 1996 and as those amounts may be altered by action of this Common Council at its December 6, 1995 meeting, are adequate for the operation of the City during 1996; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1996, together with any additional changes made in said budget at Council's December 6, 1995 meeting as the City of Ithaca Budget for 1996, in the total amount of $35,393,619., and be it further RESOLVED, That the following sections of the 1996 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Joint Activity Fund Appropriations E) Solid Waste Fund Appropriations F) General Fund Revenues G) Water Fund Revenues H) Sewer Fund Revenues I) Joint Activity Fund Revenues J) Solid Waste Fund Revenues K) Debt Retirement Schedule L) Capital Projects M) Schedule of Salaries and Positions - General Fund N) Schedule of Salaries and Positions - Water & Sewer Fund O) Schedule of Salaries and Positions - Joint Activity Fund P) Schedule of Salaries and Positions - Solid Waste Fund Q) Authorized Equipment - General Fund R) Authorized Equipment - Water Fund S) Authorized Equipment - Sewer Fund T) Authorized Equipment - Joint Activity Fund U) Authorized Equipment - Solid Waste Fund Alderperson Booth stated that he is making this motion with the understanding that the existing language involving the Vacancy Committee will remain until Council subsequently changes that language, which was a ruling by the City Attorney. Alderperson Booth further stated that at the last budget meeting, the City Controller was directed to make an additional $15,000 in adjustments to maintain the Mayor's proposed tax increase of 4%. Adjustments to the 1996 Mayor's Budget, Requested by Common Council to Maintain the 4% Tax Increase from $8.33 to $8.663 Reflected in the Mayor's Budget By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That the following adjustments be made to the Mayor's proposed budget for 1996: A. Reduced Finance Department equipment line by $1,000 - downsized printer and fax machine: A1315-120 ($1,000) B. Reduced Police Department equipment request by $2,000 - downsized several computer components: A3120-120 ($2,000) C. Reduced Fire Department equipment request by $2,000 - downsized two laptop computers: A3410-210 ($2,000) D. 1. Reduced DPW Maintenance of Streets Equipment request by $1,600 by removing 1 Tamp for road patching: A5111-225 ($1,600) 2. Reduced DPW Stewart Park equipment request by $2,000 by decreasing the picnic table line item: A7112-225 ($2,000) 3. Reduced DPW Storm Sewer request by $1,000 by deleting the fire hose (Fire Dept. to provide required hose from their replacement program): A8141-225 ($1,000) E. Adjustments to Youth Bureau Programs as follows: 1. Delete one circulating pump from Cass Park (replaced in 1995): A7182-225 ($1,500) 2. Reduced Cafe Program part-time seasonal: A7310-120-1203 ($400) 3. Reduced RMS office expense line: A7310-425-1600 ($200) 4. Reduced Cass Park Rink contractual services: A7310-435-1304 ($400) 5. Reduced Small Fry Football program supplies: A7310-460-1306 ($500) 6. Reduced Center for Expressive Arts program supplies: A7310-460-1350 ($100) F. The Planning Department's request for matching funds of $5,000 for a Waterfront study in the West End can appropriately be charged to Capital Project #207 for West End Development (not previously submitted for inclusion in the Mayor's Budget). This project has been used to fund appraisals, surveys and other related planning costs: Cap.Proj. #207 ($5,000) Net Potential Adjustments ($17,700) Requested to fund amended budget as of 11/28/95 meeting $15,000 Net available to fund other potential changes $2,700 Discussion followed on the floor with City Controller Cafferillo answering questions from Council members. A vote on the budget adjustments resulted as follows: Ayes (9) - Booth, Johnson, Hanna, Gray, Mackesey, Sams, Schroeder, Shenk, Thorpe Nay (1) - Efroymson Carried Budget Adjustments - Parking Revenues By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That the downtown hourly parking rates be increased to $.40 per hour per the Mayor's proposed budget. Ayes (6) - Johnson, Gray, Hanna, Shenk, Thorpe, Schroeder Nays (4) - Efroymson, Sams, Mackesey, Booth Carried By Alderperson Schroeder: Seconded by Alderperson Hanna RESOLVED, That the Dryden Road ramp hourly parking rate be decreased from $.75 to $.70 in the Mayor's proposed budget. Ayes (3) - Sams, Hanna, Schroeder Nays (7) - Booth, Johnson, Shenk, Gray, Thorpe, Mackesey, Efroymson Motion Failed By Alderperson Hanna: Seconded by Alderperson Johnson RESOLVED, That the fee for monthly parking permits be increased an average of 12% in the Mayor's proposed budget. Ayes (2) - Hanna, Shenk Nays (8) - Booth, Gray, Johnson, Thorpe, Mackesey, Sams, Schroeder, Efroymson Motion Failed By Alderperson Efroymson: Seconded by Alderperson Sams RESOLVED, That the downtown hourly parking rate be set at $.35, the Dryden Road ramp hourly rate be set at $.70, monthly parking permits be increased an average of 15%. Ayes (2) - Efroymson, Sams Nays (8) - Booth, Gray, Hanna, Johnson, Thorpe, Shenk, Schroeder, Mackesey Motion Failed Budget Adjustment - Community Service Officer - Building Department By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That the position of Community Service Officer in the Building Department be raised to 35 hours per week, to be funded according to Building Commissioner Eckstrom's memorandum dated December 6, 1995. Deputy Building Commissioner Radke spoke to Council regarding the Building Department's goals regarding affirmative action hiring, and extensive discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Efroymson, Hanna, Sams, Gray, Shenk, Schroeder Nays (4) - Macksey, Booth, Johnson, Thorpe Carried ADOPTION OF THE 1996 BUDGET AS AMENDED: A vote on the Mayor's proposed 1996 City Budget, as amended, resulted as follows: Carried Unanimously * 19.3 Adoption of 1996 Tax Rate By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the 1996 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $35,393,619 on December 6, 1995, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $28,080,192 leaving $7,313,427 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1996, certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $844,214,073, and WHEREAS, under Charter provisions, the tax limit for City purposes amount to $20,280,545 for 1996; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 1996, be, and the same hereby is, established and fixed at 8.663 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1996 Tax Roll, thereby making a total tax levy, as near as may be, of $7,313,427 and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of 8.663 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $35,393,619 be appropriated in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 1996 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $2,029,136,886 Less: Value of Exempt Property $1,205,517,774 Sub-total $823,619,112 Plus: Value of Special Franchises $20,594,961 Net Value of Taxable Property $844,214,073 Carried Unanimously INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE: * 15.1 Internet Contract with Tompkins County By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, Tompkins County has established a very favorable contract for an economical link to the Internet, and WHEREAS, having a link to the Internet will help meet needs of City Departments across the City, and WHEREAS, this link has been part of the Computer Committee's plan, and WHEREAS, this link will provide the basis for improved public access to City information, and WHEREAS, the funds necessary to secure this contract have already been included as part of the 1996 computer capital project; now, therefore, be it RESOLVED, That the Mayor be authorized to sign a contract with Tompkins County to provide the City with an Internet connection. Carried Unanimously PLANNING COMMITTEE: * 17.3a An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca Municipal Code, Regarding Exterior Property Maintenance - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That Ordinance 95-___ entitled “An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca Municipal Code, regarding Exterior Property Maintenance,” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, January 3, 1996, 7:00 p.m., and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least 15 (fifteen) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered is as follows: ORDINANCE NO. --- 96 An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca Municipal Code, Regarding Exterior Property Maintenance. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code is hereby amended to add to Section 325-23.B. a new Subsection 325-23.B.(2), entitled "Exterior Property Maintenance," which shall read as follows: "(2) Exterior property maintenance. (a) Declaration of Purpose. The purpose of this subsection is to provide a minimum standard for the maintenance of the exterior grounds and visible facades of all properties within the City. This ordinance is intended to help provide stable and attractive neighborhoods as well as neat and inviting business and commercial districts, and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unsightly, unhealthy or hazardous conditions. This ordinance is also intended to impose on property owners and to a limited extent, tenants and occupants, the obligation to perform such repair and maintenance of properties as will prevent deficiencies in exterior property maintenance from becoming an attractive nuisance to children, trespassers, insects, vermin and animals. The adoption and enforcement of this subsection is intended to serve as a deterrence to substandard exterior property maintenance and as a tool for protecting property investment, the tax base, and the health, safety and welfare of all City residents. (b) Definitions. For the purposes of this subsection, the following definitions shall apply: [1] COMPOSTING MATERIALS shall mean a method of storing vegetable, leafy or similar organic matter for the purpose of natural transformation into "compost" in a container or pile of less than 125 cubic feet that (1) is maintained and operated in a safe, nuisance-free manner; (2) contains no sewage, sludge or septage; (3) contains no inorganic materials, such as metal, plastic or glass; and (4) follows generally accepted methods of composting that minimize odors and produce a useful end product. [2] GARBAGE shall mean food wastes, food wrappers, containers, non-recyclables or other materials resulting from the use, consumption, and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags, or glass, etc., or any other wastes generated from the day-to-day activities of a household, business, or public or quasi-public facility. The term garbage does not include properly prepared and stored recyclable materials or properly maintained compost areas. [3] The terms GROUNDS and EXTERIOR PROPERTY shall mean any area of a building or lot, excluding PORCH AREAS, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement. [4] The term PORCH AREA shall include any open and or partially enclosed porches or decks, as well as any entranceways or exitways which are in the PUBLIC VIEW. [5] The term PUBLIC VIEW shall mean areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from adjoining properties or properties within 100 feet of the subject property. [6] The term SOLID WASTE shall include materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the owners at the time of such discard or rejection, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded automobiles, discarded household and commercial appliances, and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria: [a] The object produces an offensive smell; [b] The object is of a type designed for interior use or made of materials which are only suitable for interior use and the object is left outside and exposed to precipitation; [c] The object has reached a degree of dilapidation that renders the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose; [d] The object is left, placed or stored in a manner which appears likely to cause injuries. (c) Standards for Grounds and Exterior Property. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure: [1] That all grounds and exterior property are kept clean and free of solid waste. [2] That all garbage, when placed outside, is stored and completely contained in durable, nonabsorbent, water-tight containers having a tight-fitting lid in place. Strong, water- proof liners of a material including plastic, may be used inside such containers for the accumulation of garbage, and may be removed, securely tied and placed at the curbside for collection on the evening before scheduled collections or may be taken to an approved refuse disposal site. Plastic bags are not considered durable containers unless they are being used to store yard wastes, such as leaves and grass. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. [3] That solid waste, other than garbage stored in proper containers as described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may not be stored in the public view for more than thirty days. [4] That unlicensed motor vehicles in an obviously inoperable condition are not stored in the public view. A motor vehicle is presumed to be inoperable if it is missing doors, wheels, windows, an engine or similar significant parts or when it has suffered severe structural damage. [5] That grass, weeds or other vegetation on grounds and exterior property, except for trees, bushes and vegetation planted, maintained or kept for some ornamental or other useful purpose, are maintained at a height of less than 9". [6] That the area along public rights-of-way adjacent to or encompassed by the property, including but not limited to the area between the front property line and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with Section 325-23.B.(2)(c)[5] above. Premises situated at street intersections or on curved streets shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve. [7] That trees and shrubs are pruned in a manner that will not obstruct the passage of pedestrians on sidewalks. [8] That fences and walls are maintained in a safe and structurally sound condition. [9] That steps, walks, driveways, parking spaces and other similar paved areas are maintained so as to afford safe passage under normal use and weather conditions. [10] That sidewalks are kept substantially clear of snow, ice and other obstructions, including but not limited to free flowing water from drains, ditches, and/or downspouts located on the property. All sidewalks, ramps and curb cuts shall be cleared of such obstructions within twenty four (24) hours of when the obstruction initially occurs. For properties that abut the intersection of two (2) streets, the sidewalks that must be kept substantially clear of snow, ice and other obstructions shall include that portion of the sidewalk which runs to the curbline of any street and shall include any access ramps therein. (See Section 285-5.) (d) Standards for Porch Areas. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure: [1] That porch areas are kept clean and free of garbage, unless stored in proper containers as described below, and of construction and demolition debris located on porch areas for longer than thirty (30) days; and discarded or rejected household appliances or commercial appliances. Such appliances on porch areas shall be presumed to be discarded or rejected when they are stored, placed or left on a porch area in the public view under circumstances which meet any of the following criteria: [i] The appliance is designed for interior use or made of materials which are only suitable for interior use and the appliance is left on a porch area in a manner which exposes the appl [ii] The appliance has reached a degree of dilapidation that renders [iii] The appliance is left, stored or placed in a manner which ap [iv] The appliance is left, stored or placed on a porch area for long [2] That garbage when placed on porch areas, is stored and completely contained in durable, nonabsorbent, water-tight containers having a tight-fitting lid in place. Strong, water- proof liners may be used inside such containers for the accumulation of garbage, and may be removed, securely tied and placed at the curbside for collection on the evening before scheduled collections or may be taken to an approved refuse disposal site. Plastic bags are not considered durable containers. (e) Responsibilities of agents and/or tenants or occupants. [1] The responsibilities outlined in Section 325-23.B.(2)(c) may be delegated to an agent by the property owner, so long as at the time of any violation of this ordinance, an agency agreement is on file in the City Building Department which contains the following information: the identity of the owner and the agent, the owner's and agent's addresses and current phone numbers, the property or properties the agent is accepting responsibility for, the beginning and ending date of the agreement, the exact sections of this Code assigned to the agent, and the signatures of both the property owner and agent. The agent must be a resident of or maintain an office for the transaction of business in Tompkins County. Post office boxes will not be accepted as addresses for agents. [2] The tenant(s) or occupant(s) of a property may be held responsible for adherence to the listed exterior property maintenance standards, and charged with a violation of such standards, providing that a copy of the agreement or lease between the property owner or rental agent and the tenant(s) is provided to the City Building Department and the lease or agreement includes an explicit agreement by the tenant(s) that the tenant(s) will perform clearly-listed types of property maintenance. The lease or agreement must identify the standards for which the tenant(s) has/have agreed to assume responsibility. The beginning and ending date of the agreement must be stated, as well as the tenant's or tenants' name(s) and address(es) and phone numbers, if any, and the agreement must be signed by the tenant(s) and property owner. Provided that all of the above criteria have been met, and the tenant(s) are within the jurisdiction of the Ithaca City Court, the Building Commissioner may thereafter charge any tenant or occupant for violations of the standards outlined in Section 325-23.B.(2)(c) or (d) which occurred during the tenant's or tenants' possession or occupancy of the property." Section 2. Current Municipal Code Section 325-23.B.(2) and Section 325-23.B.(3) shall be renumbered respectively as Section 325-23.B.(3) and Section 325-23.B.(4), and the first sentence of the newly renumbered Section 325-23.B.(3) shall be amended to read as follows, without changes to the subsequent sentences: "In any case in which the City intends to correct a violation of Sections 325-23.B(1) or 325-23.B.(2) and then bill the property owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property, and, where relevant, the registered agent or tenant who has assumed responsibility as outlined in Section 325-23.B (2)(e) of this Code, in writing, of any violation of this section." Section 3. The following language shall be added to the end of Municipal Code Section 325-47, entitled "Penalties for offenses": "C. Violations of Section 325-23.B.(2) shall be punishable in accordance with Section 1-1 of this Code." Section 4. Current Municipal Code Section 1-1.B. shall be amended to read as follows: "B. Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be: not more than forty dollars ($40) nor less than twenty dollars ($20) for a first offense at the same property; not more than sixty dollars ($60) nor less than thirty dollars ($30) for a second offense at the same property; and not more than one hundred dollars ($100) nor less than fifty dollars ($50) for a third offense at the same property, if a conviction for such offense occurs within the same twelve-month period. Each day on which the condition exists may be charged and shall be considered as a separate offense. CODE SECTION 196-5 (Uncollected garbage) 210-35 (Open areas) 210-36.C. (Accessory structures) 210-38 (Garbage and refuse) 272-4.D. (Mobile signs) 272-4.E. (Banners and pennants) 285-5 (Sidewalks) 325-20.A.(5) (Front yard parking) 325-23.B.(1) (Yard maintenance) 325-23.B.(2) (Exterior property maintenance)" Section 5. Current Municipal Code Section 331-4 shall be amended to read as follows: "Section 331-4 Prohibited actions. No person shall throw, cast, drop, put or place, or having accidentally dropped, fail to pick up, any bag, bottle, bottle cap, box, container, garbage, paper, piece of paper, wrapper or any other trash or litter in or upon any public or private park or outdoor place, except in receptacles provided for such purposes." Section 6. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter, but shall expire on February 6, 1997. Extensive discussion followed on the floor regarding several sections of the proposed ordinance. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That (d)[1] shall read as follows: "Porch areas are kept clean and free of garbage unless stored in proper containers as described below; and construction and demolition debris located on porch areas for longer than thirty (30) days.", and that subsections (d)[i], [ii], [iii], [iv] be deleted. Carried Unanimously Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the following wording be added to the end of Section (e)[2]: "Notwithstanding any decision holding a tenant liable under this subdivision, a landlord may still be held liable." Carried Unanimously * 17.3b Declaration of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca Municipal Code requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to the City Code. Carried Unanimously NEW BUSINESS: Compensation Agreement with Tompkins County Regarding the Solid Waste and Recycling Facility By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Mayor be authorized to execute the Compensation Agreement with Tompkins County regarding the County Solid Waste and Recycling Facility. City Attorney Guttman explained the background of the agreement. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That the Compensation Agreement with Tompkins County regarding the Solid Waste and Recycling Facility be referred to the Budget & Administration Committee for further discussion. Carried Unanimously PLANNING COMMITTEE: * 17.4 Geographic Information System Agreement By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, the City of Ithaca has, by previous resolution, entered into an agreement with the County of Tompkins, the Town of Ithaca, Cornell University and New York State Electric and Gas to develop a photogrammetric map which has formed the basis of a geographic information system for the area, and WHEREAS, the first interim agreement expires at the end of 1995, and WHEREAS, it is in the interest of all parties to control the use of the data by means of an agreement such as the original interim agreement, and WHEREAS, representatives from the City of Ithaca, the County of Tompkins, the Town of Ithaca, the Town of Dryden, Cornell University and New York State Electric and Gas have jointly developed a Second Interim License Agreement; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to sign the Second Interim License Agreement upon the advice of the City Attorney and the Director of Planning and Development. Carried Unanimously * 17.5 Application for Transportation Enhancement Program Grants By Alderperson Schroeder: Seconded by Alderperson WHEREAS, the City of Ithaca wishes to improve conditions for walking and bicycling within the City, and WHEREAS, assistance in funding such improvements is offered through the Transportation Enhancement Program of the Intermodal Surface Transportation Efficiency Act, as grants to be matched by the sponsor with at least twenty percent (20%) of estimated project costs, and WHEREAS, seven potentially eligible enhancement projects have been identified, for which pre-applications are proposed to be submitted by December 11, 1995, as follow: _ Cayuga Inlet Bike/Pedestrian Bridge and Pathway, extending and connecting the trail in Cass Park from the Octopus south along the flood channel, crossing the channel on a new bridge in the vicinity of West Clinton Street. Estimated project cost $200,000 City share $40,000 _ Old Inlet Trail, a bike/pedestrian facility that will be an important link in the access system between West Hill and Stewart Park, serving important destinations such as the Farmers' Market. Estimated project cost $405,000 City share $81,000 _ Elmira Road Bicycle and Pedestrian Access Improvements (300 and 400 blocks), serving the pedestrian and bicycle users of this extensive, important commercial area. Estimated project cost $420,000 City share $84,000 _ Circle Greenway Handicapped Access Improvements, providing access to the Mulholland Wildflower Preserve and the adjoining natural area in the City’s lower watershed at Van Natta’s Dam. Estimated project cost $10,000 City share $2,000 _ Farmer’s Market Branch Path, upgrading the deficient path and footbridge connecting the Stewart Park bike route and the Fall Creek neighborhood to the market. Estimated project cost $24,000 City share $4,800 _ Steamboat Landing Bicycle/Pedestrian Access System, a major component in a network of routes connecting residential neighborhoods, major recreational facilities, commercial areas throughout the northern and western parts of the city. Estimated project cost $428,000 City share $85,600 _ Buttermilk Gateway Trail, a critical bicycle/pedestrian connector between two proposed major trails, the Black Diamond Regional Trail and the Brewery Hill Trail. This facility will connect from Buttermilk Falls State Park to Cayuga Inlet via the abandoned DL&W RR grade, crossing Route 13 on a new bridge framing this major gateway entrance between city and town. In addition, a trail section approximately 4,750 feet long will be built along the RR ROW from the new bridge to Stone Quarry Road. This project will be con-sponsored with the Town of Ithaca, which will split the local share of the cost. Estimated project cost $320,000 City share $32,000 Town share $32,000 Now, therefore, be it RESOLVED, That Common Council authorizes submission of said applications, to be signed by the Mayor as Sponsor, and be it further RESOLVED, That funding for the total of the full project costs of all seven projects shall be provided by the City for reimbursement in accordance with the provisions of ISTEA and the Transportation Enhancement Program. Discussion followed on the floor regarding project costs being provided by the City. Planning and Development Director Van Cort explained that to eligible for this grant the City must allocate money, complete the job, and then request reimbursement from the Transportation Enhancement Program. City Attorney Guttman stated, for the record, that this is not a contract which binds future Councils as it is a contract where there is consideration on both sides. A vote on the resolution resulted as follows: Carried Unanimously * 19.4 Finance/Chamberlain - Request to Approve Tax Sale Redemption Extension By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the property owner at 302 Hancock Street has requested an extension of time for property redemption from the 1992 City Tax Sale for the property at 302 Hancock Street, and WHEREAS, the Budget and Administration Committee has reviewed the request and recommends approval of the extension; now, therefore, be it RESOLVED, That the existing owner be permitted to redeem the property at 302 Hancock Street, up to January 22, 1996, for the total lien amount outstanding, plus additional interest, penalty and related costs through the date of the redemption. Carried Unanimously * 19.5 Finance/Chamberlain - Request Deletion of Exempt Property from 1995 City Tax Roll By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the following properties were acquired by New York State in late 1994 for the Octopus project: 701 W. Buffalo Street 59.-8-1 700 Cascadilla Street 43.-2-9.1 723 Cascadilla Street 52.-3-.52 738 Cascadilla Street 43.-2-7.2 Hancock Street 43.-2-9.2 610 N. Meadow Street 43.-2-8 799 W. Seneca Street 73.-5-2.2 802-04 W. Seneca Street 58.-5-1 700 W. State Street 72.-1-1.2 800-04 W. State Street 73.-5-3 and WHEREAS, Section 404 of the Real Property Tax Law provides for tax exempt status on the date of acquisition for property required for highway purposes; now, therefore, be it RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes to the tax rolls. Carried Unanimously * 19.6 DPW - Request to Amend Capital Project #403J IAWWTP Capacity Upgrade Project By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, by vote of Common Council at its April 5, 1995 and September 6, 1995 Common Council meetings, the City's share of funding for increasing the IAWWTP treatment capacity and selection of Stearns and Wheler for the related engineering services was approved in the amount of $54,800, and WHEREAS, the Special Joint Sewer Committee, at its regular meeting on October 17, 1995, voted unanimously to recommend to the Board of Public Works and to Common Council Amendment No. 2 to the contract for additional services as follows: 1. Assist owner in completing dye testing and stress testing as required by the NYSDEC. Anticipated cost $6,300. 2. Provide an Engineer's Representative on-site for one (1) day during required bypassing of the wastewater treatment plant associated with installation of a new raw wastewater pump. Anticipated cost $700. 3. Prepare a set of reproducible record prints of drawings showing those changes made during the construction process. Anticipated cost $2,800; now, therefore, be it RESOLVED, That Capital Project #403J IAWWTP Capacity Upgrade Project be amended by an amount not to exceed $9,800, giving a total project cost of $64,600, for purposes of funding said additional engineering services, and be it further RESOLVED, That funds for said amendment shall be derived from the IAWWTP Capital Reserve 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 19.7 Request to Approve Ithaca Housing Authority Salaries By Alderperson Booth: Seconded by Alderperson Mackesey WHEREAS, the Ithaca Housing Authority is mandated by the Department of Housing and Urban Development to demonstrate that the salaries and wages of the employees of said Housing Authority are comparable with the practices of the local governing body for all positions of similar responsibility and require competence; and WHEREAS, the IHA will be negotiating a Contract with the IHAMEU Local 2300 UAW for maintenance employees, and WHEREAS, the City of Ithaca authorized cost of living increases for 1995, including step increases for qualified employees, and WHEREAS, the Ithaca Housing Authority authorized an increase not to exceed 5.5% for all qualified employees to bring the IHA employees closer to parity, and comparability with City of Ithaca employees, and WHEREAS, the IHA has established the following positions, comparability and salary ranges for its Public Housing Section 8 employees and is covered by its Operating Budget: Position Comparable Position Salary Executive Director Director of Planning & $40,250 (Oper.) Development/Controller 2,750 (Sec.8) Salary $43,000 Family Self- Supervisor of Caseworkers Sufficiency Tompkins County DSS Coordinator Salary $28,088 Principal Account City of Ithaca CSEA Clerk/Fiscal Officer Salary $37,277 Administrative City of Ithaca CSEA Secretary (35 hours week) Salary $28,133 Tenant Relations Administrative Assistant Assistant Salary $24,905 Tenant Relations Administrative Assistant Assistant Salary $16,538 Sr. Account Clerk- City of Ithaca CSEA Typist Salary $21,231 Position Comparable Position Salary Principal Account City of Ithaca CSEA Clerk Salary $25,200 (Sec. 8) Resident Initiatives Recreation Supervisor Coordinator CSEA Salary $30,816 CIAP Program Assistant Civil Engineer Coordinator (35 hours week) Salary $35,000 Maintenance Supervisor Ithaca City School District Salary $35,298 Storekeeper City of Ithaca CSEA Salary $20,436 Building Maintenance Maintainer CSEA Mechanic Salary $28,064 Building Maintenance Maintainer CSEA Mechanic Salary $28,064 Maintenance Worker City of Ithaca CSEA Salary $22,932 Maintenance Worker City of Ithaca CSEA Salary $20,137 Maintenance Worker City of Ithaca CSEA Salary $20,137 Maintenance Worker City of Ithaca CSEA Salary $20,137 Laborer City of Ithaca CSEA Salary $20,552 Laborer City of Ithaca CSEA Salary $16,752 SECTION 8 / VOUCHER Position Comparable Position Salary Section 8 Administrator Planner II - CSEA (Sec. 8) Salary $24,150 Account Clerk/Typist City of Ithaca CSEA (Sec. 8) Salary $18,145 Tenant Relations City of Ithaca CSEA Assistant Salary $22,350 (Sec. 8) Tenant Relations City of Ithaca CSEA Assistant Salary $17,235 (Sec. 8) Typist City of Ithaca CSEA (Sec. 8) Salary $15,055 now, therefore, be it RESOLVED, That pursuant to its responsibilities under Section 3, Article 32(1) of the New York State Housing Law the Common Council agrees that the salaries and wages of the employees of the IHA are comparable to those paid by the City for all positions of similar responsibility and required competence. Carried Unanimously 19.8 Request to Approve 1994 Annual Financial Report By Alderperson Booth: Seconded by Alderperson RESOLVED, That the 1994 Annual Financial Report prepared by the Finance Department be approved as presented. Carried Unanimously EXECUTIVE SESSION: On a motion by Alderperson Booth and Seconded by Alderperson Johnson Council adjourned into Executive Session at 12:20 a.m. to discuss personnel items, and the possible acquisition of land. Alderperson Shenk left the meeting at 12:20 a.m. and was not present for the Executive Session discussions. REGULAR SESSION: On a motion Council reconvened into Regular Session at 12:45 a.m. and considered the following Resolutions: 19.5 DPW - Personnel Item By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That Raymond Benjamin be appointed to the position of Supervisor of Streets at a 1995 annual salary of $35,600, that being Grade 2 of the City Executive Association, effective December 11, 1995. Carried Unanimously (Alderperson Shenk Absent) 19.9 City Attorney - Request to Purchase Land By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, the City is interested in protecting the lands surrounding its watershed and has previously established a capital reserve for the acquisition of these lands; now, therefore, be it RESOLVED, That the Mayor is authorized to enter into the annexed contract dated December 6, 1995 to purchase a parcel of land situated in the Town of Ithaca, County of Tompkins and State of New York from Ruth L. Walker and Richard L. Walker, which premises are more particularly described in the contract, for a price of $1,500. per acre; now, therefore, be it RESOLVED, That the funds for this purchase are to be derived from Capital Reserve Number 26 for watershed land acquisition. Ayes (8) Mackesey, Sams, Johnson, Booth, Hanna, Schroeder, Gray, Thorpe Nays (1) Efroymson Carried (Alderperson Shenk Absent) 19.10 City Attorney - Request Approval for Sale of Land By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the state of New York in connection with the Meadow Street Arterial project has, pursuant to Section 30 of the Highway Law and the Eminent Domain Procedure Law, appropriated certain parcels of land owned by the City of Ithaca including parcel 93 on Map 70, Parcels 47-52, 70, 78-80, 84 and 85 on map 39 and parcel 77 and 81 on map 60 of the said Meadow Street Arterial project, and WHEREAS, the State of New York, has appraised the real estate interest it is appropriating and has made to the City an offer in the amount of $250,000.00 for said real estate interests, which offer is more particularly set forth in the agreements for advanced payment, and WHEREAS, this Council has considered the value of the property which is being appropriated by the State of New York, and WHEREAS, this Council has concluded that the offer made by the State of New York is equal to the full value of this property; now, therefore, be it RESOLVED, The Mayor, subject to the advice of the City Attorney is authorized to sign the agreements for advanced payment and such other documents as may be necessary to effectuate the transfer of these properties to the State of New York and secure to the City of Ithaca for compensation for these properties. Carried Unanimously (Alderperson Shenk Absent) 19.11 Establishment of Salary Ranges for the City Attorney and City Prosecutor Positions By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the positions of City Attorney and City Prosecutor be assigned to the City of Ithaca Management Compensation Plan at the 1995 salary range for the City Attorney of $41,538 to $61,486, and the 1995 salary range for the City Prosecutor of $38,731 to $57,331. Carried Unanimously (Alderperson Shenk Absent) ADJOURNMENT: On a motion the meeting adjourned at 12:50 a.m. Julie Conley Holcomb Alan J. Cohen City Clerk Mayor* * (Mayor-elect on 12/6/95 Mayor on date of signature 2/23/96 - present at meeting