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HomeMy WebLinkAboutMN-CC-1996-08-07August 7, 1996 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. August 7, 1996 PRESENT: Acting Mayor Thorpe Alderpersons (9) - Shenk, Mackesey, Hanna, Efroymson, Sams, EXCUSED: Mayor Cohen OTHERS PRESENT: City Clerk - Conley-Holcomb City Controller - Cafferillo City Attorney - Geldenhuys Planning and Development Director - Van Cort Deputy Planning and Development Director - Sieverding Community Development Administrator - Stevenson Building Commissioner - Eckstrom Fire Chief - Wilbur Acting Police Chief - Barnes Superintendent of Public Works - Gray Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Commons Coordinator - Deming PLEDGE OF ALLEGIANCE: Acting Mayor Thorpe led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee Alderperson Blumenthal requested the addition of Item 18.8 - Disposition of City Hall Annex Building - Resolution. Alderperson Blumenthal further requested that Item 18.4 be deleted from the agenda. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider the Downtown Ithaca Business Improvement District (BID) Plan Resolution to Open Public Hearing By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider the Downtown Ithaca BID Plan be declared open. Carried Unanimously The following people addressed Council in favor of the Downtown Ithaca Business Improvement District Plan: Art Pearce - Town of Ithaca Richard Driscoll - Town of Newfield Albert Smith - City of Ithaca Carolyn Grigorov - Town of Ithaca Alan Nemcek - Town of Ithaca Charles Schlough - Town of Ulysses Bill Benedict, Town of Ithaca, addressed Council in opposition of the Downtown Ithaca BID Plan. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Public Hearing to consider the Downtown Ithaca BID Plan be declared closed. Carried Unanimously Public Hearing to consider the Reprogramming of Community Development Block Grant Funds for the Import Replacement Program August 7, 1996 Resolution to Open Public Hearing By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That the Public Hearing to consider the Reprogramming of Community Block Grant for the Import Replacement Program be declared open. Carried Unanimously Community Development Administrator Stevenson explained the Import Replacement Program. No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Mackesey: Seconded by Alderperson Sams RESOLVED, That the Public Hearing to consider the Reprogramming of Community Development Block Grant Funds for the Import Replacement Program be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Allan H. Treman Marina The following people addressed Council in opposition of the proposed expansion, and new entrance road at the Allen H. Treman State Marine Park: Ms. Doria Higgins, Town of Ithaca Ms. Susan Titus, Town of Ithaca Ms. Barbara Warland, City of Ithaca Ms. Janice Putnam, Town of Ithaca Ms. Betsy Darlington, City of Ithaca Ms. Ruth Michener, Town of Ithaca Mr. Guy Gerard, City of Ithaca Ms. LeMoyne Farrell, City of Ithaca Proposed Expansion of the Sciencenter The following people addressed Council in favor of the proposed Sciencenter expansion: Ms. Ilma Levine, Town of Dryden Ms. Deborah Levin, Town of Dryden Mr. Aaron Sadoff, Town of Dryden Mr. Charles Wolcott, Town of Dryden Police Training Funding Mr. Terrence Calhoun, City of Ithaca, addressed Council in favor of additional funding for Police training. Trash Tag Increases Mr. Guy Gerard, City of Ithaca, addressed Council in opposition to the proposed trash tag fee increase. Reprogramming of the Community Block Grant for the Import Replacement Program Ms. Terri Nicholetti Garrison, Town of Ithaca, addressed Council in support of the reprogramming of the Community Block Grant for the Import Replacement Program. West End Business District Ms. Cynthia Yahn, City of Ithaca, addressed Council regarding the West End Business District plan. She informed Council that "the working group" has been formed and is meeting weekly, and thanked Mayor Cohen and Alderperson Blumenthal for their continued support. RESPONSE TO THE PUBLIC: Treman Marina Alderpersons Blumenthal, Mackesey, and Efroymson responded to the comments made regarding the expansion of Treman Marina. West End Construction Alderperson Sams requested that the West End Committee consider the concerns of the area residents regarding the removal of parking, and having to park two or three blocks from their homes. August 7, 1996 Trash Tags Alderperson Shenk reported that the trash tag issue will be addressed at the Budget and Administration Committee meeting. She noted that this subject will be discussed further with the Board of Public Works as well. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Six Mile Creek Gorge Committee Vice-Chair Ramage requested that Council maintain the Committee's budget of $10,700. She explained that over $7,000 of this budget is used to fund the two gorge ranger positions that work from Memorial Day through Labor Day. Ms. Ramage further explained that the remaining funds are expended on items such as education and maintenance. Board of Public Works Vice-Chair Reeves reported to Council on the following matters: --An encroachment agreement was granted on Pearl Street; --Approved the award of bid for granite curbing --Approved the removal of a crosswalk on West Court Street at GIAC due to safety concerns; --Approval of the 1995 sidewalk assessments; --Free bus passes for City employees will be continued; --Approved the proposed handball court at the Wood Street Park, with CDBG funding; --1997 budget review process Board of Fire Commissioners Commissioner Yahn reported that the initial response to the AmeriCorps grant that the Ithaca Fire Department received has been very positive and it appears that we may have a full bunker program for the first time in many years. Ms. Yahn stated that resource reallocation project was implemented August 1, 1997. COMMUNICATIONS: Enforcement of Noise Ordinance Alderperson Efroymson thanked Acting Police Chief Barnes for preparing a press release regarding the enforcement of the noise ordinance. He noted that the police will be strictly enforcing the ordinance regarding sound amplification devices. REPORT OF THE CITY CLERK: * 12.1 Re-Designation of Polling Locations By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the following amendments be made to the 1996 polling locations designation: Third Ward, 1st District: Robert Purcell Union, Cornell Fourth Ward, 1st District: Class of `28 Hall, Cornell University Fifth Ward, 1st District: Fall Creek School Carried Unanimously REPORT OF THE CITY CONTROLLER: 1997 Budget City Controller Cafferillo reported that, as requested, the Ithaca Journal printed a correction to the article that portrayed the appropriated fund balance that was approved as part of the 1996 budget of $557,264 as a deficit. He further explained that if all estimated revenues are received, and, if all estimated expenditures are actually utilized, that the $557,264 would be used, but it is not a deficit. City Controller Cafferillo stated that in order to make this information easier to understand, he has prepared revised spread August 7, 1996 sheets that show the amended operating budget next to the actual expenditures for the years 1991 - 1995. Recycling Program City Controller Cafferillo reported that the low bid for the recycling program was Superior Disposal at $11.88 per household per year. Discussion followed on the floor regarding the City's bid. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 18.1 Transfer of City-owned Land to Ithaca Urban Renewal Agency (for Sciencenter) By Alderperson Blumenthal: Seconded by Alderperson Gray WHEREAS, the following action is undertaken for the purposes of the Urban Renewal Law, as set forth in Article 15 of the General Municipal Law, and the purposes of the Urban Renewal Plan of the City of Ithaca; now, therefore, be it RESOLVED, That the City of Ithaca transfer to the Ithaca Urban Renewal Agency a parcel of land located in the City of Ithaca and encompassing the easterly portion of City of Ithaca tax parcel number 25-2-1, being the portion of the said tax parcel not included in a lease agreement between the City of Ithaca and the Sciencenter, Inc. (a/k/a the Science Discovery Center of Tompkins County, Inc.) dated August 6, 1993. Alderperson Blumenthal explained that the Sciencenter is requesting acquisition of city-owned land, in order to build a 10,000 square foot addition to the present structure. She stated that in exchange for the property they are offering over $500,000 of services including services to City residents and at-risk youth in downtown neighborhoods. Alderperson Blumenthal noted that because the land will be sold for less than market value, the IURA will follow its regular procedures for selling land including the appropriate public notice. The proposed agreement includes the Sciencenter acquiring the title to the land on January 1, 1999, and that a flexible schedule will be determined to allow the DPW to remain on-site until the ground breaking which will probably not occur until the Fall of 1999. Extensive discussion followed on the floor with Superintendent Gray and City Attorney Geldenhuys answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Common Council - Request to Transfer Funds for Diversity Training By Alderperson Marcham: Seconded by Alderperson Hanna WHEREAS, the Mayor's Task Force on Diversity has met with the Police Department and the community, and is recommending that trainers be hired to consult with the Police Department on Diversity Training, and WHEREAS, it has been estimated that the training services for the diversity training will be $7,500 and the Police overtime needed for said training will cost $5,778, with the total training cost at $13,278; now, therefore be it RESOLVED, That an amount not to exceed $13,278 be transferred from Account A1990 Unrestricted Contingency to Accounts A3120- 5125 Police Overtime $5,778, and A3120-5435 Police Contractual $7,500 for purposes of funding the cost of diversity training and related Police staff costs. August 7, 1996 Discussion followed on the floor regarding future training commitments. A vote on the resolution resulted as follows: Carried Unanimously RECESS: Common Council recessed at 9:00 p.m. and reconvened in regular session at 9:10 p.m. COMMUNITY ISSUES COMMITTEE: * 15.1 Recreation Partnership - Resolution to Tompkins County Board of Representatives By Alderperson Sams: Seconded by Alderperson Efroymson WHEREAS, the Towns of Caroline, Danby, Dryden, Enfield, Ithaca, Groton, and Ulysses as well as the Village of Lansing and the City of Ithaca have established a Recreation Partnership in an atmosphere of strong intermunicipal cooperation, and WHEREAS, the City has closed followed the progress of and strongly supports this partnership, and WHEREAS, the City has demonstrated its support both by cutting the overall budget and assuming the sole responsibility for some aspects of the budget, and WHEREAS, this Recreation Partnership serves a very large percentage of the children and families in Tompkins County, and WHEREAS, the programs and activities provided by this partnership create a strong foundation for the good health and well being of the children and families in the county, and WHEREAS, the Partnership has led to a dramatic increase in participation in the Recreation Programs, and WHEREAS, the Partnership has led to a greater variety and greater geographical distribution of high quality programs to children and families, and WHEREAS, in order to continue this partnership the participating municipalities are relying on the continued financial support of Tompkins County, and WHEREAS, the County has continually expressed a strong interest in encouraging such intermunicipal partnerships, and WHEREAS, The Recreation Partnership Board established by the participating municipalities strongly supports the County's continued involvement in this project; now, therefore, be it RESOLVED, That the City of Ithaca Common Council strongly urges the Tompkins County Board of Representatives to continue its crucial financial support of the Recreation Partnership and contribute the sum of $35,000 in the coming year for the continuation of the Partnership. Extensive discussion followed on the floor with Youth Bureau Director Cohen noting that the Mayor has sent a letter along with a draft of this Resolution to the involved municipalities recommending that they forward something similar to the Tompkins County Board of Representatives. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Marcham RESOLVED, That a Resolved clause be added to read as follows: "RESOLVED, That the City of Ithaca Common Council supports a August 7, 1996 joint resolution of the members of the partnership be sent to the Tompkins County Board of Representatives". Discussion followed on the floor regarding the municipalities presenting a united front. The amending resolution was withdrawn by Alderpersons Mackesey and Marcham. A vote on the Resolution resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 17.6 GIAC - Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, the GIAC Director and staff have reviewed the department's current organization and are recommending that a reorganization of personnel is appropriate, and WHEREAS, the reorganization will enhance academic and recreational programming opportunities to better serve the identified needs of G.I.A.C. participants, and WHEREAS, the GIAC Director has recommended that two currently vacant positions be filled and two positions be upgraded to reflect the employees' current duties and qualifications; now, therefore, be it RESOLVED, that GIAC's 1996 Personnel Roster shall be amended as follows: Add: One (1) Youth Worker (Youth) 35 hours $17,072 One (1) Youth Development Program Leader (Teen) 17 hours $ 9,102 One (1) Assistant Recreation Supervisor (Recreation) 35 hours $18,122 One (1) Youth Worker (Teen) 35 hours $17,072 Delete: One (1) Education Instructor (Youth) 35 hours $19,256 One (1) Youth Development Program Leader (Teen) 35 hours $27,072 One (1) Recreation Leader (Recreation) 17 hours $ 8,150 One (1) Youth Development Program Leader (Teen) 35 hours $18,739 and be it further RESOLVED, That the said staff reorganization will be effective August 12, 1996, with all necessary funding or savings being derived within existing GIAC 1996 Budget amounts. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 18.2 Authorizing a CDBG Reprogramming Request for an Economic Development Substitution Project By Alderperson Blumenthal: Seconded by Alderperson Marcham WHEREAS, the City of Ithaca received Community Development Block Grant funds in 1993 for the Landmark Square Housing Rehabilitation Project, a project which later could not be implemented according to plan, and WHEREAS, the Ithaca Urban Renewal Agency began a formal process to reprogram the Landmark Square funds, including consultation with the Citizens’ Advisory Committee, and August 7, 1996 WHEREAS, economic development activities are eligible activities through the Community Development Block Grant program, and WHEREAS, it is recognized that there is a need to stimulate small business development in Ithaca, and that increasing the economic linkages between local firms is one way to promote the goal of small business development, and WHEREAS, the program to be implemented in Ithaca is modeled on a statewide program in Oregon which initially served the City of Eugene; now, therefore, be it RESOLVED, the Common Council approves a CDBG reprogramming request for $35,000 for a project to stimulate business linkages through a business survey and computer database, with the goal facilitating local trading in goods and services between local firms, thus increasing local economic development activity, and authorizes the submission of the proposal to the U.S. Department of Housing and Urban Development and for the Mayor to sign all related documents. Carried Unanimously LAW AND GOVERNANCE COMMITTEE: * 16.1 An Ordinance Amending Section 210-32.E. Entitled "Fire Protection Systems", of Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, Section 210-32.E. of the City of Ithaca Municipal Code was amended on January 4, 1995 by Ordinance number 95-1 which provided that existing one- and two- family structures, multiple dwellings and mixed use structures shall comply with the provisions of this section by August 15, 1996, and WHEREAS, the Building Commissioner has examined the records of property owner's that have installed Heat/Smoke Detection equipment to comply with the ordinance and found that a significant number of property owners have yet to install the equipment, and WHEREAS, the Building Department has also experienced that only a few contractors have been performing the work of the installation of the systems and these contractors have a backlog of work that will take them past the existing compliance date, such that many property owner's that are making a good faith effort to comply cannot accomplish the installations by that date; now, therefore, be it RESOLVED, That the Code of the City of Ithaca, New York, Section 210-32.E.7(b) be changed as follows: ORDINANCE NO. 96 - An Ordinance Amending Section 210-32.E. Entitled "Fire Protection Systems", Subdivision 7(b) Entitled "Effective Dates" of Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York , as follows: Section 1. That the current Section 210-32.E.7(b) be amended to read as follows: August 7, 1996 "Existing one- and two-family structures, multiple dwellings and mixed use structures shall comply with the provisions of section 210-31.E. by August 15, 1997, provided that the requirements of Section 5 of Ordinance 95-1, regarding inspection/recertification requirements shall remain effective as of January 1, 1995." 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. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 17.4 Fire Department - Support of Fire Department Resource Reallocation Project By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, the Fire Department has concluded that a solution to a long-standing shortage of personnel within the department will not be resolved soon, and WHEREAS, the Fire Department began a Resource Reallocation Project to determine how best the Fire Department could compensate for a lack of personnel, while still delivering the services being demanded by the community, and WHEREAS, the Budget and Administration Committee has reviewed the recommendations set forth as a result of the Resource Reallocation Project by the Fire Department, and has given the department the Committee's wholehearted support for the project and its recommendations; now, therefore, be it RESOLVED, That Common Council supports the Fire Department's Resource Reallocation Project and related recommendations, and will assist whenever possible in implementing the project's recommendations. Fire Chief Wilbur answered questions from Council members regarding the Resource Reallocation Project. A vote on the resolution resulted as follows: Carried Unanimously * 17.3 Mayor - Request to Establish Systems Administrator Position By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, the City has had much success in building its own City- wide computer network, and WHEREAS, the City Network is in Phase Two of a five-phase project, and WHEREAS, the drain on staff time for computer and network related duties is becoming a concern for all departments involved, and WHEREAS, the Mayor, the Computer Committee and the Budget and Administration Committee have recommended that to free up staff time and improve the overall coordination of all work involving telecommunications, networking, system integration and maintenance of related hardware and software, a Systems Administrator position must be established; now, therefore, be it RESOLVED, That the Personnel Roster of the Mayor's Office be amended as follows: Add: One (1) Systems Administrator and be it further August 7, 1996 RESOLVED, That the position of Systems Administrator be assigned to the CSEA Administrative Unit at Grade ____ with a salary range of $35,000 - $45,000, and be it further RESOLVED, That needed funding for the Systems Administrator position for 1996 will be derived from the vacant Planner position in the Planning and Development Department, and be it further RESOLVED, That the Systems Administrator position will work under the general supervision of the Mayor with coordination of all City departments and the Computer Committee. Extensive discussion followed on the floor with Assistant City Attorney Kennedy and City Controller Cafferillo explaining job assignment procedures. Amending Resolution By Alderperson Marcham: Seconded by Alderperson Mackesey RESOLVED, That the Second Resolved Clause be amended to read as follows: "RESOLVED, That the position of Systems Administrator be established and referred to the Personnel Department for recommendation on the Grade and salary range in accordance with the job evaluation procedure established by Common Council". Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously LAW AND GOVERNANCE COMMITTEE: * 16.2 Resolution Directing the City Clerk to Number the November 1996 Mandatory Referendum Propositions This Item was withdrawn from the agenda. * 16.3 A Local Law to Require That Any Appointment Made by the Mayor to the Board of Zoning Appeals Must Be Approved by the Common Council (Item A of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Gray LOCAL LAW No.____ Of the Year 1996 A Local Law to require that any appointment made by the Mayor to the Board of Zoning Appeals must be approved by the Common Council. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 2-1994, which intended to amend Section 325-41(A)(1) of the Ithaca City Code but was not submitted to a referendum, through the adoption of this Local Law and its submission to a referendum. Section 2. Section 325-41(A)(1)of the Ithaca City Code, is hereby amended to read as follows: Appointment of members. The Mayor, with the consent of the Common Council, shall appoint a Board of Appeals consisting of five (5) members. The Board of Appeals, at the first regular meeting each year, shall elect one (1) of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board of Appeals may designate a member to serve as Acting Chairperson. The Building Commissioner shall be the Secretary of the Board of Appeals. In making such appointments, the Mayor may require Board of Appeals members to complete training and continuing education courses. Section 3. This Local Law shall be submitted to a referendum at the next general election. August 7, 1996 Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Ayes (8) - Efroymson, Johnson, Hanna, Gray, Mackesey, Sams, Shenk, Blumenthal Nays (1) - Marcham Carried * 16.4 A Local Law to Require That Any Appointment Made By the Mayor to the Planning Board Must Be Approved by the Common Council (Item B of the Mandatory Referendum Review) By Alderperson Efroymson: Seconded by Alderperson Johnson LOCAL LAW No.____ Of the Year 1996 City of Ithaca A Local Law to require that any appointment made by the Mayor to the Planning Board must be approved by the Common Council. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 3-1994, which intended to amend Section 4-23(A)(1) of the Ithaca City Code but was not submitted to a referendum, through the adoption of this Local Law and its submission to a referendum. Section 2. Section 4-23(A)(1)of the Ithaca City Code, is hereby amended to read as follows: There shall be a Planning and Development Board, also known as the "Planning Board," consisting of seven (7) members, each of whom shall be appointed by the Mayor with the consent of Common Council. There shall be one (1) member from the Common Council and one (1) member from the Board of Public Works. The Mayor shall appoint one (1) member of the Planning and Development Board to serve as Chairperson. In the absence of a Chairperson, the Planning and Development Board may designate a member to serve as Chairperson. In making such appointments, the Mayor may require Planning and Development Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The term of office shall be three (3) years, and the terms shall be staggered, except for members who are appointed from Common Council and the Board of Public Works. With respect to those members, the term of office shall be two (2) years and shall coincide with their term of office as a member of Common Council or a member of the Board of Public Works. Section 3. This Local Law shall be submitted to a referendum at the next general election. Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Ayes (8) - Efroymson, Johnson, Hanna, Gray, Sams, Mackesey, Shenk, Blumenthal Nays (1) - Marcham Carried * 16.5 A Local Law to Require That Any Appointment Made by the Mayor to the Community Police Board Must Be Approved by the Common Council (Item C of the mandatory referendum review) August 7, 1996 By Alderperson Efroymson: Seconded by Alderperson Mackesey LOCAL LAW No.____ Of the Year 1996 City of Ithaca (Item C of the mandatory referendum review.) A Local Law to require that any appointment made by the Mayor to the Community Police Board must be approved by the Common Council. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 2-1984, which intended to amend what is now Section C-16(A) of the Ithaca City Code but was not submitted to a referendum, through the adoption of this Local Law and its submission to a referendum. Section 2. Section C-16(A)of the Ithaca City Code, is hereby amended to read as follows: The Mayor, with the consent of the Common Council, shall appoint a Community Police Board[, subject to the approval of the Common Council]. The Commissioners shall be chosen from a range of culturally and economically diverse community groups with consideration given to the effect each appointment will have on the diversity of representation, including geographic representation, on the Board. The Community Police Board shall consist of seven (7) Commissioners. The term of office of each Commissioner shall be three (3) years, commencing on the first day of January. No more than three (3) Commissioners shall be appointed in any one (1) year. The terms of the existing Commissioners shall continue unchanged. No elected city official shall be a member of the Community Police Board. A Commissioner shall hold office until his/her successor shall have been chosen and qualified. A vacancy for an unexpired or newly created term shall be filled in the manner set forth in this Charter, except that the limitation on the number of appointments per year, the term of office and the term's starting date shall not apply. All Commissioners shall have been a resident of the City of Ithaca for at least two (2) years immediately preceding their appointment. All Commissioners shall serve without salary. Section 3. This Local Law shall be submitted to a referendum at the next general election. Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Carried Unanimously * 16.6 A Local Law to Ratify the Use of Five Wards for the Purpose of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Johnson LOCAL LAW No.____ Of the Year 1996 City of Ithaca A Local Law to ratify the use of five wards for the purpose of electing alderpersons and to ratify the boundaries of those five wards as currently printed in Section C-3 of the Ithaca City Code. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 1-1973, as amended, which intended to amend what is now Section C-3 of the Ithaca City Code August 7, 1996 but was not submitted to a referendum, through the adoption of this Local Law and its submission to a referendum. Section 2. The text of Section C-3 “Ward Boundaries,” as currently printed in the Ithaca City Code and last amended by Local Law 2-1992, is hereby ratified. Section 3. This Local Law shall be submitted to a referendum at the next general election. Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Carried Unanimously * 16.7 A Local Law to Reduce the Term of Board of Public Works Commissioners from Six (6) to Three (3) Years (Item H1 of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Johnson LOCAL LAW No.____ Of the Year 1996 A Local Law to reduce the term of Board of Public Works Commissioners from six (6) to three (3) years. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to give effect to the change made by Local Law 5-1973, which intended to amend what is now Section C-58(B) of the Ithaca City Code but was not submitted to a referendum, through the adoption of this Local Law and its submission to a referendum. Section 2. Section C-58(B) of the Ithaca City Code, is hereby amended to read as follows: Terms of office; eligibility for reappointment; political affiliation. At the first regular meeting of the Common Council in January of each year, the Mayor shall, from the electors of the city, nominate and, by and with the consent of the Common Council, appoint two (2) Commissioners to fill the vacancies of the expiring term, which appointment shall be for terms of three (3) years from the first day of January. The appointment of such Commissioners shall be made so that no more than three (3) Commissioners, other than the Mayor, shall belong to the same political party. Section 3. This Local Law shall be submitted to a referendum at the next general election. Section 4. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the secretary of state. Carried Unanimously * 16.8 A Local Law to Establish the Term of Conservation Advisory Council Members as Two (2) Years (Item H2 of the mandatory referendum review) This Item was withdrawn from the agenda. * 16.9 A Local Law to Amend Section C-58(A) of the Ithaca City Code to Correct Language Erroneously Amended Pursuant to an Invalid Local Law (Item I of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Gray LOCAL LAW No.____ Of the Year 1996 City of Ithaca August 7, 1996 A Local Law to amend Section C-58(A) of the Ithaca City Code to correct language erroneously amended pursuant to an invalid local law. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to correct language in Section C-58(A) of the Ithaca City Code which was erroneously amended pursuant to Local Law 4-1973; Local Law 4-1973 was never submitted to a referendum. Section 2. Section C-58(A) of the Ithaca City Code, is hereby amended to read as follows: Appointment of Commissioners; Board constituted. The Mayor shall nominate from the electors of the city and, by and with the consent of a majority of the Common Council, shall appoint six (6) Commissioners who, with the Mayor acting as the presiding officer, shall constitute the Board of Public Works. Section 3. This Local Law shall take effect after it is filed in the office of the secretary of state. Carried Unanimously * 16.10 A Local Law to Amend Sections 232-33 and 232-34 of the Ithaca City Code to Correct Language Erroneously Amended Pursuant to an Invalid Local Law (Item K of the mandatory referendum review) By Alderperson Efroymson: Seconded by Alderperson Shenk LOCAL LAW No.____ Of the Year 1996 A Local Law to amend Sections 232-33 and 232-34 of the Ithaca City Code to correct language erroneously amended pursuant to an invalid local law. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. Pursuant to the findings of the mandatory referendum review, this Local Law is intended to correct language in Sections 232-33 and 232-34 of the Ithaca City Code which were erroneously amended pursuant to Local Law 3-1992; Local Law 3-1992 was never submitted to a referendum. Section 2. Section 232-33 of the Ithaca City Code, is hereby amended to read as follows: The Mayor or the Mayor's designee shall grant and revoke licenses at his/her discretion in accordance with the provisions of this Article and Article V of the General Business Law and shall require at all times such data and information as may, in his/her opinion, be necessary to fully carry out the intent and purpose of this Article. Section 3. Section 232-34 of the Ithaca City Code, is hereby amended to read as follows: Applications for licenses shall be made to the Mayor or the Mayor's designee in such form as he/she may prescribe and must be accompanied by: A. Satisfactory testimonials of the good moral character of the applicant. B. Cash or a certified check for the license fee in the amount fixed by this Article. C. Such other and additional information that the appropriate officer deems necessary or appropriate. August 7, 1996 Section 4. This Local Law shall take effect after it is filed in the office of the secretary of state. Carried Unanimously * 16.11 Resolution Directing the City Clerk to Present Local Laws Subject to a Mandatory Referendum to the Mayor Within Forty- eight Hours of Passage By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Clerk of the City of Ithaca shall present to the Mayor for approval, within forty-eight hours of passage, all Local Laws passed by the Common Council that are subject to the mandatory referendum requirement of the Municipal Home Rule Law. Carried Unanimously Local Law Discussion The following Local Laws were discussed and will be voted on at the Special Common Council Meeting on August 14, 1996: --A Local Law to subject the authority of the Board of Public Works to the direction and review of the Common Council (item G1 of the mandatory referendum review) --A Local Law to require that appointments made by the Mayor to selected offices shall be subject to a search committee procedure (item E1 of the mandatory referendum review) --A Local Law to require that an appointment to the position of Police Chief shall be made through the search committee procedure (item E3 of the mandatory referendum review) BUDGET AND ADMINISTRATION COMMITTEE: * 17.2 DPW - Recommendation of City/County Recycling Program - Discussion This Item was withdrawn from the agenda. * 17.5 Attorney - Request Support for Law Enforcement Block Grant Application and Funding Match By Alderperson Marcham: Seconded by Alderperson Mackesey WHEREAS, the City of Ithaca and Tompkins County are coordinating an experimental program for the creation of a drug court in our City Court, and WHEREAS, the drug court will handle alcohol, drug, and drug and alcohol related cases, and WHEREAS, the City and County are eligible for $34,983, ($16,983 City, $18,000 County), in funding from a Federal Justice Department Grant for law enforcement purposes, including the establishment of the drug court, and WHEREAS, the monies will be used for funding a new case worker position in the Drug Court, and WHEREAS, this position will be listed on the Tompkins County Personnel Roster and it is the City's understanding that the County will continue funding of this position in future years, and WHEREAS, both the Acting Police Chief and the Drug House Task Force are in full support of the experimental program, and WHEREAS, the City would be required to submit an application by August 9th and contribute $1,887 in matching funds to obtain the Federal grant; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to sign and submit an application for the Justice Department Law Enforcement Block August 7, 1996 Grant for the purposes of establishing a local drug court, and be it further RESOLVED, That an amount not to exceed $1,887 be transferred from A1990 Unrestricted Contingency to Account A3120-5435 Police Contractual for purposes of funding necessary matching funds related to said grant. Carried Unanimously * 17.7 Attorney - Request Funds to Settle Litigation By Alderperson Marcham: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $1,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420-5430 Law Fees for the purpose of funding the settlement of litigation. Carried Unanimously * 17.8 Finance/Controller - Request Approval of 1996 NYS Retirement Incentive Program Participants - Possible Resolution This Item was withdrawn from the agenda. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 18.3 Route 96-West End Mitigation-Suspension of Sign Ordinance Requirements By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the Route 96 improvements under way by the New York State Department of Transportation are having a major effect on the flow of traffic and parking in the West End, and WHEREAS, a meeting was held on July 18, 1996, at which time businesses and residents expressed concern about the negative impacts of the construction project on their businesses and homes, and WHEREAS, the traffic effects are causing many negative impacts on business owners in the area of street improvements, and WHEREAS, one of the negative effects is on the visibility and identification of each business as well as ease of access to each business such that business owners need additional assistance in identifying their properties and the means and access route to each such use; now, therefore be it RESOLVED, That the prohibition against portable signs found in Section 272-4E. be temporarily suspended for portable signs that meet the following criteria: 1) The maximum size of the portable sign be no larger than 32 square feet and that the sign be no higher than eight feet from the grade level, and 2) The sign may be located on property other than the location of the business advertised on the sign if the sign serves a legitimate purpose in directing traffic to the business location that is not otherwise obvious because of actual construction on the street which abuts the business. Consent of the owner of the property on which the sign is located is required, and 3) The sign is not a hazard to traffic or pedestrians or is not a hazard in any other way, and 4) That any such signs be maintained by the business be periodically inspected so that the sign does not become hazardous or fall into disrepair, and be it further RESOLVED, That this suspension of this particular sign prohibition be only for properties that are within or abutting the Route 96 project area and that the suspension last only for the period of this street improvement project, which is expected to continue through 1997, and be it further August 7, 1996 RESOLVED, That this action by Common Council does not affect the ability of the contractors involved in the project or the Department of Transportation to install or maintain any signs that are provided or installed for the maintenance of traffic, and be it further RESOLVED, That the Chief of Police is hereby directed not to enforce alternate side street parking on Buffalo Street between Fulton and Meadow to the end of the Department of Transportation contract term. The Mayor is authorized to expand this area in consultation with the Chief of Police. Discussion followed on the floor regarding the lack of BPW involvement in this matter. A vote on the Resolution resulted as follows: Ayes (8) - Blumenthal, Sams, Hanna, Gray, Marcham, Shenk, Mackesey, Efroymson Nays (1) - Johnson Carried * 18.4 Route 96-West End Mitigation- Possible Request for Funding (resolution to be handed out at meeting) This Item was withdrawn from the agenda. *18.5 Southwest Area Land Use Study - Report of Rezoning Alderperson Blumenthal reported that Planning Department staff will submit a concept memo concerning the re-zoning of land that was recommended in the Southwest Area Land Use Study. *18.6 SEQRA/CEQR - Report Alderperson Blumenthal reported that a student intern is preparing a document for the Planning Board to review regarding the revisions to the SEQRA law. *18.7 Economic Development Plan - Report Alderperson Blumenthal stated that letters have been distributed inviting people to join the Mayor's Commission on Economic Development. The first meeting is scheduled for September 5, 1996. * 18.8 Disposition of City Hall Annex Building By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the City of Ithaca transferred property located at 123 South Cayuga Street, Ithaca, New York, City of Ithaca tax parcel number 70-5-24, known as the City Hall Annex property, to the Ithaca Urban Renewal Agency ("IURA") by warranty deed dated June 17, 1991 and recorded in the Tompkins County Clerk's Office on July 17, 1991, and WHEREAS, Common Council subsequently, by a resolution passed on December 4, 1991, authorized the IURA to sell the City Hall Annex Building subject to the conditions set forth in the said resolution, and WHEREAS, the IURA entered into a contract with Bruno and Cathleen Schickel (the purchasers) for sale of the City Hall Annex Building, and the conveyance to the purchasers include the second and fourth floor bridges between the City Hall Annex Building and City Hall associated air rights and right of attachment of the bridges to City Hall, and WHEREAS, the transfer of property by the City of Ithaca did not include the second and fourth floor bridges, air rights, and right of attachment of the bridges to City Hall; now, therefore, be it August 7, 1996 RESOLVED, That the second and fourth floor bridges between the City Hall Annex and City Hall, together with associated air rights and right of attachment of the bridges to City Hall, shall be transferred by the City of Ithaca to the IURA, and be it further RESOLVED, That the IURA and its executive director are authorized to convey said bridges, associated air rights and right of attachment to City Hall to the purchasers of the City Hall Annex Building. Carried Unanimously August 7, 1996 NEW BUSINESS: * 19.1 Call for Special Common Council Meetings By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That Common Council will hold Special meetings on Wednesday, August 14, 1996 and Wednesday, August 28, 1996 to consider Local Laws which will require a public referendum; and on September 10, 1996 to consider the Downtown Ithaca BID plan. Carried Unanimously EXECUTIVE SESSION: By Alderperson Efroymson; Seconded by Alderperson Gray RESOLVED, That Council adjourn into Executive Session to discuss personnel issues. August 7, 1996 REGULAR SESSION: Common Council reconvened into regular session at 11:45 p.m. No resolutions were presented for consideration. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. Julie Conley Holcomb Rochella Thorpe City Clerk Acting Mayor