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HomeMy WebLinkAboutMN-CC-1997-01-08COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 8, 1997 PRESENT: Mayor Cohen Alderpersons (10) - Blumenthal, Efroymson, Gray, Hanna, Johnson, Mackesey, Marcham, Sams, Shenk, Thorpe OTHERS PRESENT: Acting Police Chief - Barnes Assistant Superintendent of Public Works - Ferrel Assistant Superintendent of Water & Sewer - Fabbroni City Attorney - Geldenhuys City Clerk - Conley Holcomb City Controller - Cafferillo Community Development Administrator - Stevenson Deputy Fire Chief - Dorman Fire Chief - Wilbur Personnel Administrator - Saul Planner - Chatterton Planner - Meigs Planning and Development Director - Van Cort PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the August 7, 1996 Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the August 7, 1996 Common Council Meeting be approved as published. Carried Unanimously Approval of the August 14, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the August 14, 1996 Special Common Council Meeting be approved as published. Carried Unanimously Approval of the August 28, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the August 28, 1996 Common Council Meeting be approved as published. Carried Unanimously Approval of the September 4, 1996 Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the September 4, 1996 Special Common Council Meeting be approved as published. Carried Unanimously Approval of the September 10, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the September 10, 1996 Special Common Council Meeting be approved as published. Carried Unanimously Approval of the October 2, 1996 Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson January 8, 1997 RESOLVED, That the Minutes of the October 2, 1996 Common Council Meeting be approved as published. Carried Unanimously Approval of the November 6, 1996 Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the November 6, 1996 Common Council Meeting be approved as published. Carried Unanimously Approval of the November 12, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the November 12, 1996 Special Common Council Meeting be approved as published. Carried Unanimously Approval of the November 25, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the November 25, 1996 Special Common Council Meeting be approved as published. Carried Unanimously Approval of the December 4, 1996 Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the December 4, 1996 Common Council Meeting be approved as published. Carried Unanimously Approval of the December 17, 1996 Special Common Council Meeting Minutes By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Minutes of the December 17, 1996 Special Common Council Meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: BUDGET AND ADMINISTRATION COMMITTEE: Alderperson Shenk requested that Item 16.10 Request Additional Funds for Funeral Expense - Resolution, be deleted from the agenda; Item 16.2 Building Department - Request to Amend Capital Project #211 for Computer Hardware/Software Acquisition - Resolution, be deferred to next month. Alderperson Shenk further requested the addition of Item 16.22 Police Department Roster Changes - Resolution, Item 16.23 Department of Public Works Roster Change - Resolution, Item 16.24 City Attorney's Office - Request for Partial Leave - Resolution, Item 16.25 Boathouse Renovations - Report. No Council Member objected. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Alderperson Blumenthal requested deletion of Item 17.1 Reprogramming of Community Development Block Grant Funds for Rental Housing Projects - Resolution, and Item 17.5 Minor Subdivision Modifications - Report. No Council Member objected. NEW BUSINESS: Alderperson Sams announced that the January Community Issues Committee meeting date has been rescheduled to January 23, 1997. January 8, 1997 Mayor Cohen requested the addition of appointments of the Acting Mayor and Alternate Acting Mayor. No Council Member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing Regarding the Reprogramming of Community Development Block Grant Funds for the INHS Rental Rehab Program, and EOC Supportive Housing Program Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Hanna RESOLVED, That the Public Hearing regarding the reprogramming of Community Development Block Grant Funds for the INHS Rental Rehab Program and EOC Supportive Housing Program be declared open. Carried Unanimously Community Development Director Stevenson requested that Council defer the vote on this item until the EOC portion of the proposal can be scrutinized more closely. A second bid will be reopened on January 28, 1997 and feasibility issues will be addressed at that time. Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing Services, explained the proposed rental housing rehabilitation project. Resolution to Close Public Hearing By Alderperson Johnson : Seconded by Alderperson Hanna RESOLVED, That the Public Hearing Regarding the Reprogramming of Community Development Block Grant Funds for the INHS Rental Rehab Program, and EOC Supportive Housing Program be declared closed. Carried Unanimously A Public Hearing to Consider an Ordinance Amending Section 325-8, District Regulations Chart, of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Certification of Functional Family Resolution to Open Public Hearing By Alderperson Johnson : Seconded by Alderperson Gray RESOLVED, That the Public Hearing to Consider an Ordinance Amending Section 325-8, District Regulations Chart, of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Certification of Functional Family be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Johnson : Seconded by Alderperson Gray RESOLVED, That the Public Hearing to Consider an Ordinance Amending Section 325-8, District Regulations Chart, of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Certification of Functional Family be declared closed. Carried Unanimously YOUTH AWARD: Alderperson Hanna presented the January 1997, Youth Award to Angelo Acebedo, a 4th grader at the Beverly J. Martin School. He was nominated by his teacher and the Assistant to the Principal as a strong supporter of the Beverly J. Martin School Policy of "Respect" and his active role in Conflict Resolution, and his willingness to share his talents and skills in art and athletics with other students. January 8, 1997 COMMUNICATIONS: Cynthia Yahn, Board of Fire Commissioners, addressed Council to present the following awards to members of the Ithaca Fire Department: Company Captains Company #1: 1996 & 1997 Pete Tyler Company #2: 1996 Scot Taylor/1997 Paul Alexander Company #3: 1996 & 1997 Ken Jupiter Company #4: 1996 & 1997 Tom Klein Company #5: 1996 Lyle Neigh/1997 Tom Basher Company #6: 1996 Jim Joseph/1997 Bill Gilligan Company #7: 1996 & 1997 Rick Lathrop Company #9: 1996 & 1997 Mike Erinson Volunteer Coordinator: Marcia Lynch The Board of Fire Commissioners recognizes and commends the following Company Captains for their efforts in the contract negotiations between the Ithaca Fire Department and the eight volunteer fire companies: Scot Taylor, Jim Joseph and Bill Gilligan. The Board of Fire Commissioners Award for Exceptionally Meritorious Service for 1995 was awarded to Bill Gilligan, Captain of Company #6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mr. R.J. Newman, City of Ithaca, addressed Council regarding inadequate lighting on the Commons. Mr. Raymond Schlather, Representative of a City employee, addressed Council on the Labor/Management issues of the Budget and Administration Committee Items #16.18, 16.19 and 16.20, regarding personnel changes in the Planning Department. Mr. Joel Harlan addressed Council regarding Crime in America and the need for City residents to "take back the streets". RESPONSE TO THE PUBLIC: Alderpersons Mackesey and Efroymson noted that they share Mr. Schlather's concerns pertaining to the labor/management issues. Alderperson Blumenthal responded to Mr. Newman's comments regarding inadequate lighting on the Commons and suggested that this concern be forwarded to the Business Improvement District Committee (BID). COMMUNICATIONS FROM THE MAYOR: 1997 Standing Committees: Mayor Cohen announced the following revisions to the Standing Committee structure: The Law & Governance Committee will be discontinued with the duties being absorbed by the three remaining committees. The Chair of the Budget & Administration Committee is Alderperson Marcham, Alderperson Shenk is Vice-Chair. The Chair of the Planning & Economic Development Committee is Alderperson Blumenthal, Alderperson Hanna is Vice-Chair. The Chair of the Community Issues Committee is Alderperson Sams, Alderperson Gray is Vice-Chair. January 8, 1997 Every member of Common Council is a member of these three standing committees. The Committee of the Whole meeting will be discontinued. Cable Access Mayor Cohen addressed the issue of pornographic material being aired on Public Access television. In reviewing the Franchise Agreement with Time/Warner Cable, Time/Warner has the power to implement policies and procedures at Pegasys. The Mayor and the Cable Commission have the power to make suggestions to Time/Warner. The Mayor suggested the restriction of adult entertainment until after 11:00 pm. IMPACT The first meeting of IMPACT is scheduled for January 16, 1997 at 4:00 pm, interested members of Council are encouraged to attend. Alderpersons Efroymson, Mackesey, Johnson and Thorpe voiced their opinions regarding the standing committee restructuring. Discussion followed on the floor regarding committee liaisons appointments. REPORT OF THE CITY CONTROLLER: City Controller Cafferillo reported that staff has been involved in meetings with Blue Cross, health care providers, Tompkins County, and the Ithaca City School District to make sure the impact of the 1996 health care deregulations on the City is minimal. The City did not have an opportunity to respond to these deregulations. Employees will be affected by the billing systems, and the deregulation encourages "low bidder" competition among Diagnostic Related Group Costs by setting a flat fee for each procedure regardless of the length of stay in the hospital. REPORT OF THE CITY ATTORNEY: City Attorney Geldenhuys reported that the West Buffalo Street parking lot property has completed the real estate closing. LAW AND GOVERNANCE COMMITTEE: Art Organizations' Emergency Funding Requests By Alderperson Efroymson : Seconded by Alderperson Johnson WHEREAS, art organizations have approached and continue to approach Common Council with mid-year emergency funding requests, and WHEREAS, Common Council's capability to meet all requests is not possible, and its use of taxpayer funds for these purposes needs to be planned rather than responded to on a case-by-case basis, and WHEREAS, the Community Arts Partnership has agreed to review such requests and help the agencies substantiate the appropriate documentation; now, therefore, be it RESOLVED, That any mid-year art organization's funding requests first be presented to the Community Arts Partnership for a mini-review to evaluate the appropriateness and need for such funding before it will be considered by the Common Council. Carried Unanimously January 8, 1997 Cable Franchise Process - Report: Alderperson Efroymson reported that staff members from the Planning Department and the City Attorney's Office will be working on the re-franchise process. The Intermunicipal Cable Commission will meet January 15, 1997, to discuss possible negotiation collaboration. Establishment of Community/Drug Task Force - Report: Alderperson Efroymson reported that this issue has been referred to the Community Issues Committee. BUDGET AND ADMINISTRATION COMMITTEE: Resolutions under Consent Agenda: By Alderperson Shenk : Seconded by Alderperson Johnson Item 16.12 Collateral to Secure Deposits RESOLVED, That the collateral deposited by the Tompkins County Trust Company, M & T Bank and the Fleet Bank as reported, be approved as to form and sufficiency. Item 16.13 Public Employee's Blanket Bond RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1997. Faithful Performance Blanket $250,000 Peerless Bond Coverage Insurance Co. Item 16.14 Designation of Common Council Meetings RESOLVED, That the regular meetings of the Common Council, for the year 1997, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Item 16.15 Designation of Official Depositories RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company, M & T Bank, and the Fleet Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 1997 and are currently deposited as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 Guaranty and Bid Deposits 05-201-001004 Health Facility Agreement 05-201-001004 Deposit on Water Meters 05-201-001004 City of Ithaca-Wire Transfer Community Enterprise Opportunity 06-201-001004 Ithaca Fire Department Bunker Facilities 05-201-001004 Sale of Unclaimed Property 05-201-001004 Circle Greenway 05-201-001004 Conference on College and Community 05-201-001004 Center for Expressive Arts 05-201-001004 Peter DeWysocki Memorial Fund 05-201-001004 Cemetery Fund 05-201-001004 Fire Department Recognition Banquet 05-201-001004 Commons Cultural Tourism 05-201-001004 West End Trees 05-201-001004 Gene Slater Memorial Fund 05-201-001004 Jack Kiely Scholarship Fund 05-201-001004 January 8, 1997 DeWitt Park Improvement Fund 05-201-001004 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 Centennial Art Work 05-201-001004 Central Business District Trees 05-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 GIAC Youth Enterprise Fund 05-201-001004 FICA Overpayment Reimbursement 05-201-001004 Juvenile Firesetter's Program 05-201-001004 Capital Reserve Fund #4 - Bridges 01-201-001055 Capital Reserve Fund #11 - Parks and Recreation Areas 01-201-001055 Capital Reserve Fund #14 - Parking Areas 01-201-001055 Capital Reserve Fund #15 - Fire Engine Replacement 01-201-001055 Capital Reserve Fund #16 - Development of Water Sources 01-201-001055 Capital Reserve Fund #17 - Sewer Construction 01-201- 001055 Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction 01-201-001055 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 01-201-001055 Capital Reserve Fund #22 - Bus Replacement 01-201-001055 Capital Reserve Fund #23 - Public Works Equipment 01-201-001055 Capital Reserve Fund #24 - Energy Conservation 01-201- 001055 Capital Reserve Fund #25 - Capital Improvements 01-201- 001055 Capital Reserve Fund #26 - Land Acquisition 01-201-001055 Capital Reserve Fund #27 - DPW Consolidation 01-201-001055 Payroll Benefits - Flexible Spending 08-201-001004 ECHO 05-201-001004 Six Mile Creek Natural Area 05-201-001004 Keith Andrew Riggs Memorial 05-201-001004 Hydraulic Rescue Tool 05-201-001004 Moore Memorial 05-201-001004 Skateboard Park 05-201-001004 IPAC Escrow 14-303-468203 Capital Reserve Fund - Joint Activity Fund 01-101-099762 Debt Service Fund 02-201-001004 Joint Activity Capital Fund 01-101-116535 FLEET BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 Ithaca Area Wastewater Treatment Plant - Phase III 267-365187 M & T BANK ACCOUNT NAME ACCOUNT NUMBER City of Ithaca - Construction Fund 01528-781-6 Item 16.16 Finance/Controller - Approval of 1997 Community Services Agencies Contracts RESOLVED, That the Mayor be authorized to execute the following 1997 contracts with Community Services Agencies, in accordance with the adopted 1997 City budget: Celebrations - Flag Day 350 Celebrations - Veterans Day 600 Cayuga Chamber Orchestra 250 Community Arts Partnership 10,000 Community Arts Partnership Visitor Ticket Center 7,000 Community School of Music and Arts 750 January 8, 1997 Cornell Cooperative Extension 5,000 Multicultural Resource Center 8,240 DeWitt Historical Society 7,500 Firehouse Theater 3,000 Housing Options for Seniors Today (HOST) 1,500 Human Services Coalition 22,000 Ithaca Breast Cancer Alliance 2,500 Ithaca Festival 8,000 Kitchen Theater Company 3,000 Leadership & Multicultural Alliance 1,500 Project Growing Hope 500 Sciencenter Afterschool Program 1,800 Tompkins County Area Development Corporation 7,000 The Labor Coalition 10,000 A vote on the consent agenda items resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: 16.1 City Attorney - Approval of the 1997 PBA Contract By Alderperson Shenk: Seconded by Alderperson Thorpe RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Police Benevolent Association for a new one-year contract commencing January 1, 1997, and expiring on December 31, 1997, be approved under the same terms and conditions as the City's agreement with the PBA which expired on December 31, 1996, with the following changes: 1. Duration: January 1, 1997 - December 31, 1997. 2. Article V., Section C., revised to allow up to six days per year of accumulated sick leave for a family member. 3. Delete all references to schedule for the years 1993 through 1996. 4. Implement a salary scale effective January 1, 1997, which includes a 3% raise over the 1996 base pay so that the salary schedule shall read: Step Police Officer Sergeant Lieutenant Captain 1 $27,674 $46,754 $54,578 $58,427 2 34,822 48,160 3 38,442 49,568 4 43,289 50,982 5. Authorize the PBA and the City to form two ad hoc committees whose purposes will be to review and recommend changes regarding clothing and accoutrements and to participate in a City-wide healthcare committee. Neither committee will have the authority or power to change, alter, or amend any term or condition of employment but may make recommendations for final action in subsequent collective bargaining agreements. 6. Alter any sections as necessary to reflect the new duration dates of the contract. And that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously January 8, 1997 16.3 Fire Department - Request to Approve Capital Project Consolidation By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, the Fire Department would like to complete three Capital Projects previously approved by Common Council for Fire Station Improvements, and WHEREAS, bid amounts received exceed individual project balances, but not the total of all three project remaining balances, and WHEREAS, the three projects, Capital Projects #283, #299, and #323, have been reviewed by the Controller's Office to determine that all appropriated bonding, authorizations, PPU, and expenditure requirements have been met to consolidate said projects, and WHEREAS, said projects have a total authorization of $254,625 and a remaining balance of $142,828 and all remaining items to be purchased from this amount were originally approved with the authorization and included: Central HVAC Renovations $50,800 Central Generator Replacement $78,235 Stations 5 & 6 Parking Lot Repairs $11,100 now, therefore, be it RESOLVED, That the remaining balances in Capital Projects #283 and #299 Fire Station Improvements 1994 and 1995 be combined with Capital Project #323 Fire Station Improvements 1996 for a total project authorization not to exceed $254,625 and a remaining balance of $142,828 to complete said renovations. Carried Unanimously 16.4 Common Council - Appointment of Systems Administrator By Alderperson Shenk: Seconded by Alderperson Johnson RESOLVED, That Richard "Doc" Kinne is provisionally appointed to the position of Systems Administrator at a 1997 annual salary of $40,000, effective February 10, 1997, and be it further RESOLVED, That the Systems Administrator position be assigned to the Management Compensation Plan. Alderperson Johnson explained the Systems Administrator search process, and extended "Doc" a welcome to the City. A vote on the Resolution resulted as follows: Carried Unanimously 16.5 DPW/Water & Sewer - Request for Extension of Temporary Employee By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, Toby Krantz was hired as a part-time and seasonal employee to manage the city's 1996 sidewalk program and worked with the Water and Sewer Departments through December 31, 1996, and WHEREAS, Mr. Krantz has demonstrated good skills and judgment in developing the contract documents and managing the construction phases of the work, and WHEREAS, the Engineering Group and the Water and Sewer Group have an extensive backlog of approved capital projects which they wish to complete and which can benefit from both Mr. January 8, 1997 Krantz's skills and his familiarity with City personnel, procedures and projects, and WHEREAS, Mr. Krantz is currently available while he searches for a permanent position to start his career; now, therefore, be it RESOLVED, That the 1997 Authorized Water and Sewer Personnel Roster be temporarily amended by extending the employment of Toby Krantz until December 31, 1997 at a current rate of pay of $14.69 per hour, not to exceed $30,555, exclusive of benefits, and be it further RESOLVED, That the funds for said personnel roster amendment be derived from Capital Projects #506 Water Supply and Distribution and #606 Sewer Collection Systems Improvement. Carried Unanimously 16.6 DPW/Water and Sewer - Request to Hire Temporary Employee By Alderperson Shenk: Seconded by Alderperson Efroymson WHEREAS, Cattyann Campbell has been working under contract in the Water and Sewer Department developing a Geographic Information System (GIS) customized to water and sewer mapping, and WHEREAS, Ms. Campbell has demonstrated good skills and judgment in developing the GIS to date, and WHEREAS, the Water and Sewer Departments have the further need to continue the GIS design and development, water systems study mapping, joint sewer agreement planning and mapping, and create reports for water system improvements, and WHEREAS, Ms. Campbell is currently available while she searches for a permanent position; now, therefore, be it RESOLVED, That the 1997 Authorized Water and Sewer Personnel Roster be temporarily amended to add one (1) Planning Systems Manager, effective for the period January 1, 1997 to December 31, 1997, and be it further RESOLVED, That Cattyann Campbell be hired temporarily into the position of Planning Systems Manager at a 1997 rate of pay of $20.00 per hour, not to exceed $41,600 exclusive of benefits, and be it further RESOLVED, That the funds for said personnel roster amendment be derived from Capital Project #502 Water Supply Improvements. Carried Unanimously 16.7 Finance/Personnel - Request to Reclassify Personnel Account Clerk Position By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, the Principal Account Clerk position in the Personnel Department has changed and continues to change as a result of the City's new financial computer system implementation, and WHEREAS, the Principal Account Clerk position needs to be reclassified to better reflect the duties of the position; now, therefore, be it RESOLVED, That the 1997 Authorized Personnel Roster for the Personnel Department be amended as follows: Add: One (1) Payroll Coordinator Delete: One (1) Principal Account Clerk January 8, 1997 and be it further RESOLVED, That the position of Payroll Coordinator be designated Confidential and assigned to Grade 3 on the Confidential Employees Compensation Plan, and be it further RESOLVED, That Roxie Carman be permanently appointed to the position of Payroll Coordinator, pursuant to Section 52.7 of the New York State Civil Service Law, at a 1997 annual salary of $31,866, that being Grade 3 on the Confidential Employees Compensation Plan, effective January 13, 1997. Carried Unanimously 16.8 Finance/Personnel - Request Approval for 1997 Health Insurance Rates for Retirees By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the City currently charges City retirees and those employees on leaves of absence $146.58 per month for individual health insurance coverage and $335.96 per month for family coverage, and WHEREAS, the 1997 estimated cost of the City's health insurance program for such individuals, as projected by Blue Cross/Blue Shield, have been increased to $180.10 per month for individual coverage and $413.29 per month for family coverage, and WHEREAS, the difference between what the City actually charged these individuals for coverage heretofore and the City's estimated cost for 1997 is 23%, and an increase of this magnitude could pose a serious burden for these individuals, and WHEREAS, in light of the significant increase in past years in health insurance rates and the related hardship these increases would have caused City retirees and persons on leaves of absence, the City has adopted a policy of not charging the full rate increases to these individuals; now, therefore, be it RESOLVED, That the 1997 monthly rate of health insurance coverage for retirees and those employees on leaves of absence be established at $154.89 for individual coverage and $355.43 for family coverage, which represents the same proportionate share paid by these individuals currently, or 86% of the City's estimated rate, and be it further RESOLVED, That the 1998 monthly rate of health insurance coverage for retirees and those employees on leaves of absence will represent 90% of the City's estimated rate. City Controller Cafferillo explained the health insurance program. A vote on the Resolution resulted as follows: Carried Unanimously 16.9 Finance/Chamberlain - Request Approval of Tax Warrant Adjustment By Alderperson Shenk: Seconded by Alderperson Hanna WHEREAS, New York State acquired portions of two parcels prior to the assessment of 1996 City taxes, and WHEREAS, New York State law states that property acquired by New York State is tax exempt on the acquisition date; now, therefore, be it January 8, 1997 RESOLVED, That the 1996 tax warrant shall be adjusted to reflect the exclusion of two apportioned parcels at 706-14 West Buffalo Street in the amount of $1,943.18 and 401-19 Floral Avenue in the amount of $898.96, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes on the tax roll. Carried Unanimously 16.11 Designation of Official Newspaper By Alderperson Shenk: Seconded by Alderperson Johnson RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 1997. Ayes (8) Blumenthal, Gray, Johnson, Mackesey, Marcham, Sams, Shenk, Thorpe Nays (1) Hanna Abstention (1) Efroymson Carried 16.17 Finance/Controller - Bond Resolution By Alderperson Shenk: Seconded by Alderperson Blumenthal BOND RESOLUTION DATED JANUARY 8, 1997. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,887,194 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $2,887,194 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a) The reconstruction of various streets and highways throughout and in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $300,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; and b) The purchase of new and removal of old playground equipment, at Stewart Park in said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $60,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose January 8, 1997 is fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; and c) The purchase of computer networking hardware and software, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $94,500. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; and d) The purchase of a van for the Youth Bureau, including incidental expenses in connection therewith, at a maximum estimated cost of $21,800. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and e) The purchase of an air compressor, including incidental expenses in connection therewith, at a maximum estimated cost of $14,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and f) The purchase of dump trucks, including incidental expenses in connection therewith, at a cost of $30,000 or over, at a maximum estimated cost of $68,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and g) The purchase of an aerial truck, including incidental expenses in connection therewith, at a maximum estimated cost of $40,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and h) The purchase of a tractor, including incidental expenses in connection therewith, at a maximum estimated cost of $14,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and i) The purchase of pick-up trucks, including incidental expenses in connection therewith, the cost of each of which exceeds $15,000, at a maximum estimated cost of $34,500. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and j) The purchase of snow plow equipment, including incidental expenses in connection therewith, at a maximum estimated cost of $16,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and January 8, 1997 k) The reconstruction of sidewalks, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; and l) The reconstruction of portions of the Fire Department Central Station, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $68,500. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; and m) The construction and reconstruction of a classroom within the Fire Training Center, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $26,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; and n) The purchase of heart defibrillation equipment for fire vehicles, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $48,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; and o) The reconstruction of the Greater Ithaca Activities Center, including gym floor replacement, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $70,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; and p) To upgrade fire and smoke detection system, and add a basement water detection system at City Hall, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $45,710. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law; and q) The construction of a skateboard park within the City asphalt and concrete park, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $65,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; and r) To pay the cost of consultants for planning and design for the waterfront project, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $20,000. It is hereby January 8, 1997 determined that the period of probable usefulness of the aforesaid specific object or purpose is five years pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; and s) To support placement of monuments for GIS survey and documentation of City Area, including incidental expenses in connection therewith, at a maximum estimated cost of $50,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; and t) To pay the cost of infrastructure planning and design studies, including incidental expenses in connection therewith, at a maximum estimated cost of $35,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; and u) The reconstruction of various City buildings in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $1,171,625. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; and v) The reconstruction of various City water facilities and buildings, in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $62,887. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; and w) The reconstruction of various City sewer facilities and buildings, in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $62,888. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; and x) To pay the cost of development of a bicycle master plan, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $80,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; and y) The reconstruction of the Ithaca Area Wastewater Treatment Plant, in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $343,784. It is hereby determined that the period of probable usefulness of the aforesaid specific object or January 8, 1997 purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $2,887,194, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controllers, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds have substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other January 8, 1997 issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 9. The City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the City Controller sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Common Council. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of January 8, 1997 the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote on the Resolution resulted as follows: Alderperson Mackesey - Aye Alderperson Shenk - Aye Alderperson Sams - Aye Alderperson Efroymson - Aye Alderperson Johnson - Aye Alderperson Blumenthal - Aye Alderperson Hanna - Aye Alderperson Marcham - Aye Alderperson Gray - Aye Alderperson Thorpe - Aye Carried Unanimously EXECUTIVE SESSION: By Alderperson Shenk: Seconded by Alderperson Johnson RESOLVED, That Council adjourn into Executive Session to discuss a personnel item. Carried Unanimously RECONVENE: Common Council reconvened in to Regular session, no items were brought forth. 16.20 Request Budget Amendment to 1997 Authorized Planning Department Budget By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the 1997 approved final 1997 City of Ithaca Budget has insufficient funds to cover all positions on the personnel roster for the Planning and Development Department; now, therefore, be it RESOLVED, That the 1997 City of Ithaca Budget be amended as follows in order to provide funding through February 14, 1997, for all positions on the personnel roster which are currently filled for the Planning and Development Department: Increase Appropriations: Account A8020-5110 Salary Staff $ 6,000. Decrease Appropriation Fund Balance: Account A909 $ 6,000. Carried Unanimously RECESS: Common Council recessed at 9:10 p.m. and reconvened at 9:30 p.m. 16.21 Finance/Controller - Request to Temporarily Amend Personnel Roster By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the 1997 approved City budget included a voluntary reduction of hours for the City Buyer; now, therefore, be it RESOLVED, That based on a request initiated by the employee involved, the Personnel Roster of the Finance Department is hereby temporarily amended by reducing the full-time position of the City Buyer from 40 hours to 32 hours per week from January 1, 1997, to December 31, 1997. Carried Unanimously 16.22 Police Department - Request For Amendment To Personnel Roster January 8, 1997 By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the Police Department is hereby amended as follows: Add: Two (2) Community Service Officers (Full- Time) Delete: Six (6) Parking Meter Checkers (Part-Time) One (1) Parking Meter Checker (Full-Time) and be it further RESOLVED, That the above changes are effective March 1, 1997, and be it further RESOLVED, That funds needed for the payment of current roster positions, affected by the above roster amendment, for the period of January 1, 1997, to February 28, 1997, will be derived from within the existing 1997 Police Department Budget, and the Controller is authorized to make appropriate budget transfers, if applicable. Ayes (9) - Blumenthal, Efroymson, Gray, Johnson, Mackesey, Marcham, Sams, Shenk, Thorpe Nays (1) - Hanna Carried Request for Re-Vote: By Alderperson Mackesey: Seconded by Alderperson Thorpe RESOLVED, That the Police Department Request for Amendment to Personnel Roster be returned to the table for a second vote. Carried Unanimously 16.22 Police Department - Request For Amendment To Personnel Roster By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the Police Department is hereby amended as follows: Add: Two (2) Community Service Officers (Full- Time) Delete: Six (6) Parking Meter Checkers (Part-Time) One (1) Parking Meter Checker (Full-Time) and be it further RESOLVED, That the above changes are effective March 1, 1997, and be it further RESOLVED, That funds needed for the payment of current roster positions, affected by the above roster amendment, for the period of January 1, 1997, to February 28, 1997, will be derived from within the existing 1997 Police Department Budget, and the Controller is authorized to make appropriate budget transfers, if applicable. Ayes (8) - Blumenthal, Efroymson, Gray, Johnson, Marcham, Sams, Shenk, Thorpe Nays (2) - Hanna, Mackesey Carried 16.23 DPW - Request Establishment of Personnel Roster By Alderperson Shenk : Seconded by Alderperson Gray RESOLVED, That effective March 1, 1997, the authorized roster of CSEA DPW Unit positions in the Department of Public Works shall be as follows: January 8, 1997 Streets and Facilities Division 1 Automotive Mechanic Supervisor 7 Working Supervisor 1 Working Supervisor - Bridges 5 Automotive Mechanic 14 Bus Driver 2 Bus Driver - Part-Time/20 hours 6 Motor Equipment Operator 3 Tree Trimmer 12 Maintainer 10 Truck Driver 2 Automotive Mechanic Helper 8 Maintenance Worker 6 Custodial Worker 1 Laborer 7 Parking Lot Attendant Solid Waste Division 2 Senior Laborer 3 Truck Driver Water and Sewer Division 1 Water Distribution Maintenance Supervisor 2 Working Supervisor 1 Assistant Water/Wastewater Treatment Plant Mechanic 2 Motor Equipment Operator 3 Maintainer 5 Truck Driver 2 Meter Servicer 2 Laborer Wastewater Treatment Plant 1 Truck Driver and be it further RESOLVED, That all previously authorized CSEA DPW Unit Positions in the Department of Public Works that are not listed above are hereby abolished effective at the close of business on February 28, 1997, and be it further RESOLVED, That funds needed for the payment of current roster positions, affected by the above roster amendment, for the period of January 1, 1997, to February 28, 1997, will be derived from within the existing 1997 Department of Public Works Budget, and the Controller is authorized to make appropriate budget transfers, if applicable. Carried Unanimously 16.24 City Attorney's Office - Reduction in Hours By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, Assistant City Attorney Patricia M. Kennedy has requested a partial, temporary leave of absence of eight hours per week from the 40 hours she normally works in order to teach a graduate course at Cornell University in "Legal Aspects of Land Use Planning, and WHEREAS, Council has already included a reduction in salary based on that leave of absence in the 1997 budget, and WHEREAS, it is clear that the City and the employee would benefit from the leave of absence; now, therefore, be it RESOLVED, That a partial leave of absence of eight hours per week from her 40-hour workweek is authorized for Assistant City Attorney Patricia M. Kennedy commencing on the 13th day of January, 1997, and ending on the 20th day of June, 1997, and, be it further January 8, 1997 RESOLVED, That commencing on the 23rd day of June, 1997, this employee is authorized to return to full-time 40-hours per week salary and employment, and, be it further RESOLVED, That her 1997 salary and appropriate leave benefits shall be prorated at 32/40 during the leave period and restored to full salary and benefits at the end of that period. Carried Unanimously Boathouse Renovations - Report Preservation/Neighborhood Planner Chatterton reported on the status of the Boathouse Renovations Project. The bids received were too high; one of the low bidders has withdrawn, another is not qualified. The Project is $156,000 over budget, and there is a desire to present this issue to the Budget & Administration Committee for consideration. Several options available are: private development, Cayuga Nature Center is interested in utilizing part of the building as a satellite operation; possible rental facility; various park and Youth Bureau programs could make use of the building; boating facility; concession, and various other park uses. The choice at this time seems to be between the stabilization of the building or deserting the project. Alderperson Shenk inquired about private funding support of the waterfront project. Grant money would be available for funding but the timing involved precludes this from being feasible. Discussion followed on the floor regarding the aforementioned options. Mayor Cohen reported that the recently passed Environmental Bond Act has a specific section on historic preservation along waterways and suggested that the Budget & Administration Committee include this as an option. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Resolutions under Consent Agenda: By Alderperson Blumenthal: Seconded by Alderperson Efroymson 17.3a An Ordinance Amending the Municipal Code Chapter 325 entitled “Zoning” and the District Regulations Chart authorized by Section 325-8 of the City of Ithaca Municipal Code --Declaration of No Significant Environmental Effect WHEREAS, an Ordinance Amending Section 325-8 of the District Regulations Chart of Chapter 325, regarding Functional Family Unit has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions set forth on the Short Environmental Assessment Form dated December 16, 1996, and be it further RESOLVED, that this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further January 8, 1997 RESOLVED, that this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. 17.3b An Ordinance Amending the Municipal Code Chapter 325 entitled “Zoning” and the District Regulations Chart authorized by Section 325-8 of the City of Ithaca Municipal Code ORDINANCE 97 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca District Regulations Chart authorized by Municipal Code Section 325-8., Row R-1, Column 2, number 1 is amended to read as follows: “1. One-family detached dwelling occupied by: a. An individual, family, or functional family unit (see definition, Section 325-3) plus not more than one unrelated occupant (see Gen. Note 7), or b. If dwlg. Is owner occupied, an individual, family, or functional family unit plus not more than two unrelated occupants. Section 2. The City of Ithaca District Regulations Chart authorized by Municipal Code Section 325-8., Row R-2, Column 2, numbers 1 and 2 are amended to read as follows: “1. One-family detached or semi-detached dwlg. occupied by an individual, family, or functional family unit plus not more than two unrelated occupants. 1. Two-family dwlg. ea. Of which may be occupied by an individual, family, or functional family unit plus not more than two unrelated occupants. Section 3. The City of Ithaca District Regulations Chart authorized by Municipal Code Section 325-8. Row R-2, Column 2, number 9 “[Functional Family Unit without any add’l. occupants]” is hereby deleted. Section 4. The City of Ithaca Municipal code Section 325- 9.C.(1)(n) is amended to read as follows: “Reserved [Residential occupancy by a functional family unit in all districts to the same extent that residential occupancy without a special permit is permitted in all districts.]” Section 5. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. A vote on the Consent Agenda Items resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: 17.2 City of Ithaca’s Position Regarding State Takeover of the Small Cities Community Development Block Grant Program By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, federal regulations allow the State of New York to assume administration of the Small Cities Community Development Block Grant program, currently administered in January 8, 1997 New York by the U.S. Department of Housing and Urban Development, and WHEREAS, the New York State Urban Development Corporation (doing business as the Empire State Development Corporation) with the cooperation of the State Division of Housing and Community Renewal has initiated the process of taking over administration of the Small Cities program and plans public hearings in mid-December on this matter, and WHEREAS, the City of Ithaca depends heavily on the CDBG program to fund affordable housing, economic development, public facility and other projects supporting neighborhood revitalization, and has concerns that changes brought about by a State takeover could limit our ability to meet community needs, and WHEREAS, the Department of Housing and Urban Development has managed the Small Cities program effectively and with the level of flexibility necessary to allow for comprehensive community development activities; now, therefore, be it RESOLVED that the Common Council urges the State to proceed cautiously with any efforts to takeover the CDBG program, and should it assume control of the program, to administer it in a manner: 1. Which involves the development of a clear and detailed administrative plan for implementation, and that this plan receive significant input from local governments; 1. That the State would fund applications which meet a variety of community needs, similar to the current comprehensive grant format; 2. That the State should pay for the administration of the Small Cities program from general funds accounts, and not divert CDBG funds for state administration; and 1. That a single State agency should administer the program, namely the Division of Housing and Community Renewal; 1. That existing multi-year awards from HUD be honored; and 1. That existing program areas (affordable housing, economic development, public facilities and services) be continued; RESOLVED that Common Council directs the City Clerk to forward copies of this resolution to the Governor, Senator Seward, Assemblyman Luster, NYS Development Corporation, and NYS Division of Housing and Community Renewal. Community Development Director Stevenson explained the new changes to the CDBG funding regulations. A vote on the Resolution resulted as follows: Carried Unanimously 17.4 Sale of Taughannock Boulevard Right-of-Way By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the report of the Inlet Island Land Use Committee was adopted as part of the City’s Comprehensive Plan by the Planning and Development Board in July 1992 and was accepted as a part of the Comprehensive Plan by the Common Council in September 1992, and WHEREAS, the report of the Inlet Island Land Use Committee calls for a variety of public and private uses on the Inlet January 8, 1997 Island provided that these uses are “water-enhanced or water-dependent, and that (they take) fullest advantage of the Inlet Island’s special waterfront location,” and, WHEREAS, Marina Realty of Ithaca, L.L.C, has proposed such a development for the northern end of Inlet Island which would be located on all of the property currently occupied by the Ithaca Boating Center including that portion of Taughannock licensed to Ithaca Boating Center, and WHEREAS, the new development requires some additional acreage to satisfy the zoning requirement for the proposed uses, and WHEREAS, those zoning requirements could be met if Marina Realty of Ithaca were allowed to purchase the Taughannock Blvd. right-of-way currently leased to the Ithaca Boating Center plus an additional small portion of Taughannock Blvd. adjacent to the licensed area, and WHEREAS, the sale of this portion of land is consistent with the recommendations of the report of the Inlet Island Land Use Committee provided that provision is made for a proposed “pedestrian greenway promenade” along the western shore of Inlet Island, and WHEREAS, this “pedestrian greenway promenade” could be accommodated in the area covered by a New York State DEC permanent maintenance easement, or on a 12 foot wide corridor which could be reserved along Taughannock Blvd. in the area proposed to be sold to Marina Realty of Ithaca, and WHEREAS, the portion of the Taughannock Blvd. right-of-way for sale no longer is used as a street and has been under license to the Ithaca Boating Center and to it’s predecessor for a number of years, and WHEREAS, this area has been used for parking and circulation for the Ithaca Boating Center and the Coast Guard Auxiliary, and WHEREAS, the Board of Public Works has declared those parts of the Taughannock Blvd. right-of-way depicted on the attached site plan as no longer needed for public purpose and the BPW has abandoned the right-of-way for use as a public street, and WHEREAS, the Board of Public Works has recommended that Common Council sell this portion of the Taughannock Blvd. right-of-way, now, therefore be it RESOLVED, that the Common Council in concept authorizes sale for full market value of the northern end of Taughannock Blvd. on Inlet Island as depicted on site plan, and be it further RESOLVED, that any such sale be subject to reservation of a utility easement and reservation of adequate public land for the creation of the proposed “pedestrian greenway promenade," and be it further RESOLVED, that staff is hereby directed to obtain an appraisal and negotiate with Marina Realty of Ithaca the said sale of Taughannock Blvd. right-of-way, and be it further RESOLVED, that when the terms of sale have been formulated, the proposed sale be brought back to Common Council for final approval. January 8, 1997 City Attorney Geldenhuys explained the additional steps that needed to be completed. A vote on the Resolution resulted as follows: Carried Unanimously COMMUNITY ISSUES COMMITTEE: Teen Youth Center - Report Alderperson Sams reported on survey results taken and compiled by Cornell University students on Youth on the Commons, and voicing their needs. It was concluded that there was a desire for a teen center run by teens with a skateboard park and a recreational center. Youth Bureau staff will be working with this group and more details will be provided as they unfold. A major fund-raiser is currently being planned. NEW BUSINESS: Nominations for Acting Mayor Alderperson Shenk nominated Alderperson Thorpe as Acting Mayor. Mayor Cohen nominated Alderperson Sams, who did not accept the nomination. Motion to Close Nominations By Alderperson Johnson: Seconded by Alderperson Hanna RESOLVED, That the nominations for Acting Mayor be closed, and that Alderperson Thorpe be appointed as Acting Mayor. Carried Unanimously Nominations for Alternate Acting Mayor Alderperson Efroymson nominated Alderperson Sams as Alternate Acting Mayor. Motion to Close Nominations By Alderperson Hanna: Seconded by Alderperson Gray RESOLVED, That the nominations for Alternate Acting Mayor be closed, and that Alderperson Sams be appointed as Alternate Acting Mayor. Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: The Planning & Economic Development Committee will meet the third Wednesday of every month at 7:30 p.m. The Budget and Administration Committee will meet the fourth Monday of every month at 7:30 p.m. The Community Issues Committee will meet the second Tuesday of every month at 7:30 p.m. All meetings will be held in Common Council Chambers. REPORT OF COUNCIL LIAISONS: Alderperson Efroymson reported that GIAC will be sponsoring a breakfast in honor of the Martin Luther King holiday on Saturday, January 18, 1997 at 8:30 a.m. at the Beverly J. Martin Elementary School. Alderperson Thorpe reported that the Human Services Coalition funding may possibly be removed by the United Way, as they do not provide direct service to clients, only agencies. ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. January 8, 1997 Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor