HomeMy WebLinkAboutMN-CC-1997-02-05
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. February 5, 1997
PRESENT:
Mayor Cohen
Alderpersons (9) - Blumenthal, Gray, Hanna, Johnson,
Mackesey, Marcham, Sams, Shenk, Thorpe
OTHERS PRESENT:
Acting Police Chief - Barnes
Building Commissioner - Eckstrom
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Chamberlain - Parsons
City Controller - Cafferillo
Community Development Administrator - Stevenson
Fire Chief - Wilbur
Planning and Development Director - Van Cort
Planning and Development Deputy Director - Sieverding
EXCUSED:
Alderperson Efroymson
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Approval of the January 8, 1997 Common Council Meeting Minutes
By Alderperson Johnson : Seconded by Alderperson Sams
RESOLVED, That the Minutes of the January 8, 1997 Common Council
Meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Marcham requested that the following Board of Public
Works Resolutions be added to the agenda as the Board did not have
a voting quorum:
Item 15.25 Northeast Transit Agreement - Resolution
Item 15.26 Cold Storage Building - Resolution
Item 15.27 Award of Bid for Demolition of 611 West Buffalo Street
-Resolution
Alderperson Marcham further requested the addition of Item 15.28
Award of Bid for Cascadilla Boathouse Stabilization - Resolution,
and Item 15.29 Executive Session - Personnel issues.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Review the Abbreviated Consolidated Plan from
the Canal Corridor Initiative Program to be Submitted to HUD
By Alderperson Blumenthal : Seconded by Alderperson Hanna
RESOLVED, That the Public Hearing to Review the Abbreviated
Consolidated Plan from the Canal Corridor Initiative Program be
declared open.
Carried Unanimously
No one appeared before Council.
Resolution to Close Public Hearing
By Alderperson Johnson : Seconded by Alderperson Gray
February 5, 1997
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RESOLVED, That the Public Hearing to Review the Abbreviated
Consolidated Plan and Application for Funding from the Canal
Corridor Initiative Program be declared closed.
Carried Unanimously
A Public Hearing to Review the Application for Funding from the
Canal Corridor Initiative Program to be Submitted to HUD
By Alderperson Blumenthal : Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Review the Application for
Funding from the Canal Corridor Initiative Program be declared
opened.
Carried Unanimously
No one appeared before Council.
Resolution to Close Public Hearing
By Alderperson Shenk : Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Review the Application for
Funding from the Canal Corridor Initiative Program be declared
closed.
Carried Unanimously
A Public Hearing to Consider an Ordinance Amending Sections 300-1-
300-5 of Chapter 300 Entitled "Taxation" of the City of Ithaca
Municipal Code Regarding Senior Citizens Tax Exemption.
Resolution to Open Public Hearing
By Alderperson Marcham : Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending Section 300-1 - 300-5, of Chapter 300 Entitled "Taxation"
of the City of Ithaca Municipal Code Regarding Senior Citizens Tax
Exemption be declared open.
Carried Unanimously
Marilyn Kinner, Village of Trumansburg, Director of the Senior
Citizen's Council, addressed Council in support of the increased
income exemptions allowed to senior citizens.
Resolution to Close Public Hearing
By Alderperson Gray : Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending Section 300-1 - 300-5, of Chapter 300 Entitled "Taxation"
of the City of Ithaca Municipal Code Regarding Senior Citizens Tax
Exemption be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderperson Gray presented the February, 1997, Youth Award to
Kenny Brown for his involvement in the One to One Program and
Cafe' Cayuga, which requires significant team work and diverse
skills.
Kenny has exhibited leadership qualities, hardwork, dedication,
friendliness, resourcefulness and an eagerness to learn.
MAYOR'S APPOINTMENTS:
Mayor Cohen reported that he will have the liaison appointments to
Council members by Friday, February 7, 1997.
A listing of appointments for Boards and Commissions will be
forwarded to Council for consideration at a possible Special
meeting.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Albert Smith, Ithaca Downtown Business Improvement District Vice-
President, and Chair of Government Relations & Public Services
Committee, thanked Common Council for their support in the
February 5, 1997
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establishment of the BID. He submitted a list of names of the
Board of Directors & Officers.
Doria Higgins, Town of Ithaca, Citizens to Save Our Parks,
addressed Council in support of the findings that the Festival
Lands are park lands. She also spoke in support of retaining Jon
Meigs and his position with the City of Ithaca.
Ms. Higgins further raised the concern that if the skateboard park
is located in Stewart Park, there would not be any adult
supervision nearby in the evenings and on the weekends, as the
Youth Bureau is only open 9 am - 5 pm, Monday through Friday.
Barbara Ebert, City Representative to Tompkins County
Environmental Management Council (TCEMC), presented a report from
TCEMC regarding the Allen H. Treman State Marine Park Final Master
Plan and Environmental Impact Statement. The EMC urges Common
Council to retain ownership of the Festival Lands.
Bill McCormick, City of Ithaca requested Council's support for the
restoration of Michael Angley's public access privileges.
Betsy Darlington, City of Ithaca, spoke in opposition to changes
in the Planning Department, specifically the removal of the
Planner II positions and the environmental review functions that
Mr. Meigs provides. She suggested that Mr. Meig's position be
changed to an Environmental Planner, to balance the Economic
Development positions being added to the Department.
Guy Gerard, City of Ithaca, spoke in opposition of the taxicab
rate increases. He that feels that consumers are not given
adequate information regarding taxi zones and rates, and that a
metered system would provide improved customer service. He
further noted that several of the operating regulations in the
Taxicab Ordinance are being violated on a consistent basis, and
requested that this issue be sent back to Committee for further
review.
John Kadar, owner of Lakes Taxi, addressed Council in favor of the
taxicab rate increases. He conceded that the zone maps are
confusing and not easily interpreted by the drivers.
Cynthia Yahn, West End business owner, addressed Council on the
Fulton Street parking restoration issue. A number of concerns were
raised including the increased frequency of accidents, vehicular
speed, sidewalk snow removal, and the rapid decline of safety as
well as an increased loss of business due to the high traffic
volume.
RESPONSE TO THE PUBLIC:
Alderpersons Shenk, Johnson, Blumenthal and Sams responded to the
comments made regarding the taxicab rate increases. Alderperson
Shenk recommended that a sub-committee consider the rate increase
as well as the operational regulations issues.
Alderperson Mackesey responded to comments made regarding the
elimination of the Planner II positions. She noted that there
were Council members who supported Jon Meigs, but were overridden
by the Mayor and other members of Council. Alderperson Mackesey
further noted that Board vacancies have created problems in
obtaining meeting quorums. She requested that these vacancies be
filled as soon as possible.
Alderperson Hanna urged members of the public who had to
abbreviate their comments to Council to submit their issues to
Council members in writing to allow them more time for review.
February 5, 1997
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Alderperson Blumenthal responded to comments made regarding the
Festival Lands. She noted that discussions will take place at the
Planning Committee once the State brings forward a proposal to be
reviewed.
Mayor Cohen responded to the comments made regarding the
Department of Public Works dumping toxic waste at Southwest Park.
He clarified that paint had been spilled many years ago at
Southwest Park by the DPW, but all of the waste has been cleaned
up.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Ithaca Landmarks Preservation Commission
Mary Tomlan, reported that the ILPC supports the preservation
efforts on the Cascadilla Boathouse Project. She note that
Stewart Park is an important component of the City of Ithaca.
Board of Public Works
Mayor Cohen reported that the Board of Public Works did not have a
quorum this month. They are in the process of reorganizing their
meeting schedule and reviewing their 1997 work plan.
REPORT OF THE CITY CLERK:
City Clerk Holcomb reported that an Active Records Grant
application has been made to the NYS Archives and Records
Administration. The grant application is to conduct a process
analysis feasibility study for the following processes: payroll,
purchasing, land-based records and centralized billing. The grant
request is $45,300. Notification of award is expected at the end
of June.
A formal thank you was extended to the Planning Department staff,
especially Ruth Aslanis and Doug Foster, for their hardwork and
efforts in compiling the information.
REPORT OF THE CITY CONTROLLER:
City Controller Cafferillo reported that the City received bids in
January for four debt issues. The largest of these was a one year
Bond Anticipation Note which was issued at the rate of 3.63%. The
City was mandated by State law to permanently finance $2,175,000
of that issue at a public sale. The City's cost of this issue was
significant, the amount to be paid annually in interest will be
1.5% above the one year rate. City Controller Cafferillo noted
that he is working with others to have that section of State Law
amended. During this process the City's rating was addressed by
Moody's investment service, and was confirmed at AA3. The rating
has not changed but the structure of the rating scale has been
refined. Permanent financing was issued at 5.08%, below the
national average; $373,000 was issued for five years at 4.5%;
$1,000,000 permanent financing was issued at 4.85% for ten years.
The City of Ithaca received the third highest rating of the 62
cities in New York State.
City Controller Cafferillo provided Council with an update on the
health insurance issue with Blue Cross. The City is continuing to
negotiate with Blue Cross of Central New York and the Cayuga
Medical Center. A formal agreement has not been reached as yet,
but a temporary arrangement has been agreed upon through the end
of February which states that Cayuga Medical Center will accept
the amounts that the City pays under its contract, as payment in
full. Negotiations are expanding to include Tompkins County and
BOCES.
CONSENT AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE
February 5, 1997
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15.1 Common Council - Request Funding for Financial Feasibility
Study for State Theater
By Alderperson Johnson: Seconded by Gray
WHEREAS, the consulting firm of Joseph Wesley Zeigler & Associates
of Montclair, New Jersey, has proposed to study the financial
feasibility of operating the State Theater as a performing arts
center, and
WHEREAS, this study is expected to clarify the question of whether
this landmark building can survive as a structure, community arts
institution, and asset to downtown Ithaca, and
WHEREAS, one-third of the consultant's fee has been sought from
Tompkins County, one-third from the City of Ithaca, and one-third
from private sources, with the assistance of the Community Arts
Partnership, and
WHEREAS, the County funding and part of the private funds are
assured; now, therefore, be it
RESOLVED, That the City of Ithaca agrees to pay one-third of the
cost of the consultant's fee, not to exceed $9,000, and be it
further
RESOLVED, That $9,000.00 be transferred from Restricted
Contingency to Account A8020-435 Planning Department Contractual
Services for said purpose.
Carried Unanimously
*Please note re-vote of Item 15.1 on page 26.
15.2 Common Council - Resolution of Intent to Participate in the
Partnership for an Electronic Future, Phase I
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, the Tompkins County Electronic Future Committee was
formed to plan for the coordinated development of a regional
information system including content, infrastructure, policies,
educational issues, partnerships, and access, and
WHEREAS, the City of Ithaca supports the mission of the EFC in
concept, and
WHEREAS, the EFC has requested a Letter of Intent to participate
in the planning of the Partnership for an Electronic Future, and
WHEREAS, City of Ithaca wishes to participate in the planning
process, and
WHEREAS, it is understood that this letter of intent does not
obligate the City of Ithaca for any expenditures nor does it
require our future participation in the project beyond
participation in the planning phase; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor to sign
the Letter of Intent.
Carried Unanimously
15.4 DPW - Request to Amend Wastewater Treatment Facility
Personnel Roster
Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Personnel Roster of the Wastewater Treatment
Facility be amended as follows:
Add: One (1) Instrumentation Electrician
February 5, 1997
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Delete: One (1) Wastewater Treatment Plant Operator
and be it further
RESOLVED, that the position of Instrumentation Electrician is
assigned to the CSEA Administrative Unit at Salary Grade 12, and
be it further
RESOLVED, That David McGeever is hereby provisionally appointed to
the position of Instrumentation Electrician at a 1997 annual
salary of $22,706, effective February 10, 1997.
Carried Unanimously
15.5 DPW - Request to Amend Wastewater Treatment Facility
Personnel Roster
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Personnel Roster of the Wastewater Treatment
Facility be amended as follows:
Add: One (1) Pretreatment Coordinator and Safety Officer
Delete: One (1) Wastewater Treatment Plant Operator
and be it further
RESOLVED, That the position of Pretreatment Coordinator and Safety
Officer is assigned to the CSEA Administrative Unit at Salary
Grade 13, and be it further
RESOLVED, That Foster Gray is hereby provisionally appointed to
the position of Pretreatment Coordinator and Safety Officer at a
1997 annual salary of $28,063, effective February 10, 1997.
Carried Unanimously
15.6 DPW/Water & Sewer - Request for Extension of Temporary
Reduction in Hours
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, Joanne Phillips, since returning from maternity leave, is
working 20 hours per week, and
WHEREAS, Sally Alario is currently working 16 hours per week as a
temporary Account Clerk/Typist, and
WHEREAS, the current arrangement was developed with the
cooperation of the City to accommodate families, retain job
skills, provide cross training, and currently does so at less
expense to the City, and
WHEREAS, the department is able to accommodate these particular
arrangements; now, therefore, be it
RESOLVED, That Joanne Phillips be allowed to continue to work
reduced hours through December 31, 1997, and be it further
RESOLVED, That the temporary Account Clerk/Typist position
continue until December 31, 1997.
Carried Unanimously
15.7 DPW - Request to Temporarily Adjust Hours
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, Lynne G. Yost has requested that her hours of work be
temporarily reduced to 32 hours, for educational purposes, through
May 3, 1997; now, therefore, be it
February 5, 1997
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RESOLVED, That Lynne G. Yost be allowed to work 32 hours per week
through May 3, 1997.
Carried Unanimously
15.8 DPW - Request to Renew Golf Course Manager's Contract for
1997
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, extensive discussions took place in 1995 regarding the
operation of Newman Golf Course, and
WHEREAS, a new contract with Steve Torrant was negotiated in 1995,
said contract was signed and effective for 1996, and was to be
renewed annually, and
WHEREAS, the Board of Public Works attempted to bid out the Newman
Golf Course concession for 1996, and was unsuccessful, and
WHEREAS, the Newman Golf Course operations and manager's contracts
need to be set for 1997; now, therefore, be it
RESOLVED, That the Board of Public Works recommends that the
contract with Golf Course Manager Steve Torrant be renewed for
1997 with a three per cent (3%) increase in salary, and be it
further
RESOLVED, That the Board of Public Works requests Deputy City
Controller Steven Thayer to bid out the Newman Golf Course
Concession for a two-year period - 1997 and 1998 using the same
terms and conditions established for the previous bid.
Carried Unanimously
15.9 Planning Department - Request to Authorize Capital Project
for Construction of Parking Lot
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, by vote of Common Council at its meeting of February 28,
1996, the 1996 multi-year Community Development Block Grant (CDBG)
application was approved, and
WHEREAS, included in that resolution was a commitment to allocate
$40,000 to supplement the cost of constructing a West End parking
lot, and
WHEREAS, the 1996 multi-year CDBG grant was executed in October,
1996, inclusive of the HUD portion of said project of $100,000,
for a total project authorization of $140,000; now, therefore, be
it
RESOLVED, That a Capital Project for the City's share of said
project be hereby authorized for $40,000, and be it further
RESOLVED, That the funding for this project be derived from the
issuance of serial bonds.
Carried Unanimously
15.10 Attorney - Request Authorization to Enter into A Contract to
Improve IAWWTP Operation and Potential Upgrade
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, by vote of Common Council at its April 5, 1995, September
6, 1995, and December 6, 1995 Common Council meetings, the funding
for increasing the Ithaca Area Wastewater Treatment Plant (IAWWTP)
treatment capacity and the selection of Stearns and Wheler for the
related engineering services was approved in the amount of
$64,600, and
February 5, 1997
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WHEREAS, the Special Joint Sewer Committee, at its regular meeting
on March 19, 1996, voted unanimously to establish the total cost
of the IAWWTP Capacity Upgrade Project at $666,200, including all
related engineering services, and
WHEREAS, the project will improve the plant's overall operation as
follows:
WHEREAS, the proposed project will allow the IAWWTP to apply to
DEC for an upgrade in capacity which, if granted, will allow a
capacity increase from 10 MGD to 13 MGD, and
- Improve retention time for biological solids in the
final clarifiers;
- Reduce the possibility for solids to short circuit
through the final clarifiers;
- Increase influent pumping capacity to handle high flow
concerns with addition of a fifth pump;
- Create a physical condition to allow pump testing
without activating the raw sewage bypass line to
Cascadilla Creek;
- Increase the plant's total capacity rating by 3 MGD to a
total of 13 MGD on a 30-day average; and,
WHEREAS, favorable bids have been received, which may not be
available if the project is not begun at this time; and
WHEREAS, the costs of the project will be allocated among the
owners through the use of the IAWWTP's capital reserve; now,
therefore, be it
RESOLVED, That the Mayor is authorized to enter into a contract
for the IAWWTP project work, provided that the Towns of Dryden and
Ithaca also approve the work and use of the plant's capital
reserve as a payment source for a total project cost not to exceed
$601,600 for the purposes of funding said additional construction
and engineering services, and be it further
RESOLVED, That funds will be derived from the following sources:
Plant Capital Reserve J-1
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
16.1 Interim Use of City-Owned Land on Inlet Island
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, the City owns several parcels of land on Inlet Island
that are remnants of lands originally purchased to assemble Cass
Park, and
WHEREAS, the City has initiated and has nearly completed an
alienation and conversion process that would allow private and
public non park uses on this land in a manner that is consistent
with the Inlet Island Land Use Plan, and
WHEREAS, two private sector parties have approached the City with
requests to use land about to be alienated and converted for
parking that would support their businesses, and
WHEREAS, this proposed use is consistent with the recommendations
of the Inlet Island Land Use Plan, and
February 5, 1997
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WHEREAS, this use, pending the completion of the alienation and
conversion process, requires the approval of the New York State
Office of Parks, Recreation and Historic Preservation, and
WHEREAS, if such approval is obtained by these private sector
parties the City would be willing to allow these parties to use
these lands for parking on the basis of a temporary use permit
that would be revocable on thirty days notice, now therefore be it
RESOLVED, That the Common Council endorses efforts by these
private sector parties to obtain the permission of the NYS Office
of Parks and Historic Preservation to use park land on Inlet
Island, be it further
RESOLVED, That if this approval is obtained in writing from the
Office of State Parks, Recreation and Historic Preservation to the
City, the Common Council will consider the terms of the proposed
use of these parcels individually.
Carried Unanimously
16.2 In Support of Funding for Neighborhood Preservation Program
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, New York States Neighborhood Preservation Program
provides administrative funding to support the activities of
neighborhood preservation organizations, including Ithaca
Neighborhood Housing Services (INHS), and
WHEREAS, the Neighborhood Preservation Programs support provides
administrative funding for INHS and other neighborhood based
organizations to undertake a variety of affordable housing and
neighborhood revitalization efforts in support of the goal of
healthy communities, and
WHEREAS, the Governors Executive Budget Proposal calls for
cutting funding for the Neighborhood Preservation Program from a
FY1996 level of $11.75 million to a 1997 level of $2.8 million, a
76% decrease in funding, and
WHEREAS, a cut of this magnitude would result in over a $45,000
decrease in State support for INHS, and
WHEREAS, strong neighborhoods in the city form the basis for a
healthy and vital city economy and provide substantial support for
Ithacas downtown, and
WHEREAS, the Governors budget also includes a similar significant
cut in funding for the Rural Preservation Program, which could
limit access to housing services to residents of rural Tompkins
County; now, therefore, be it
RESOLVED, That the City of Ithaca strongly urges the Governor and
the State Legislature to restore funding to the Neighborhood
Preservation Program and the Rural Preservation Program at the
1996 funding levels.
Carried Unanimously
16.3 Reprogramming of CDBG Funds
By Alderperson Johnson: Seconded by Alderperson Gray
WHEREAS, it is necessary to reprogram the remaining $225,000 in
CDBG funds originally awarded by HUD for the Landmark Square
Renovation project, and
WHEREAS, HUD has determined that one proposal for the
reprogramming of these funds, a $35,000 activity for an import
February 5, 1997
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replacement program is not an eligible activity as presented, and
thus an alternative activity must be submitted to HUD for approval
and
WHEREAS, an alternative proposal is to be developed for the import
replacement program per instructions from the Ithaca Urban Renewal
Agency; now, therefore, be it
RESOLVE, That the Common Council authorizes the community
development staff to request HUD to allow the reprogramming of
funds along the following priorities:
1. $80,000 as a zero percent, twenty year loan to the owner of
301 Corn Street, to be used as affordable transitional housing for
the length of the loan term, and to be administered initially by
the Tompkins County Economic Opportunity Corporation, and matched
by $80,000 in other HUD funds, and
2. $110,000 deferred loan to Ithaca Neighborhood Housing Program
for rehabilitation work to be done on approximately 31 rental
properties owned and administered by INHS, with all properties
rented at affordable rates, and
3. $35,000 for additional administrative support for the
community development office, and, be it further
RESOLVED, That should HUD not approve funding for the additional
administrative support, or should the project at 301 Corn Street
experience feasibility issues (specifically involving the
development budget), the first priority shall be to reprogram the
funds for additional rehabilitation work on INHS affordable rental
units, if it can be demonstrated that additional work is required
to meet building code requirements, and that failing this use,
that the funds be reprogrammed to the Southside Housing
Improvement Program, a deferred loan program for the
rehabilitation of owner-occupied houses.
Carried Unanimously
REGULAR AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE
15.11 Common Council - Request to Amend Taxicab Rates
By Alderperson Marcham: Seconded by Alderperson Shenk
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 Taxicab Zone & Rates Map, authorized
by City of Ithaca Municipal Code Section 232-70, is hereby amended
as follows:
Zone Charges - One Passenger
Departure Zone
1 2 3 4 5 6
1 4.00 4.50 4.50 4.50 5.00 5.00
2 4.50 4.00 4.50 4.50 5.00 5.00
3 4.50 4.50 4.00 4.50 4.50 4.50
4 4.50 4.50 4.50 4.00 4.50 4.50
5 5.00 5.00 4.50 4.50 4.00 4.50
February 5, 1997
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6 5.00 5.00 4.50 4.50 4.50 4.00
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.
Discussion followed on the floor regarding the appointment of a
sub-committee to review the operation regulations issues, and cost
comparabilities to other cities. The following people were
selected to serve on the Taxi sub-committee: Jane Marcham, Sara
Shenk, Diann Sams, Guy Gerard, John Kadar and Chris Katz.
Motion to Table
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That this Ordinance be tabled until the March 5, 1997
meeting pending further review by the Taxi sub-committee.
Carried Unanimously
15.12 Common Council - Request to Amend the City Code
By Alderperson Marcham: Seconded by Alderperson Gray
ORDINANCE 97 - 2
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code Section 300-1 - 300-5
of Chapter 300 Entitled "Taxation" are hereby amended as follows:
Section 300-1 Exemption Granted
A. Pursuant to the provisions of Section 467 of the Real
Property Tax Law of the State of New York, real property in the
City of Ithaca owned by one (1) or more persons, each of whom is
sixty-five (65) years of age or over, or real property owned by
husband and wife or by siblings, one of whom is sixty-five years
of age or over, shall be partially exempt from taxation by the
city based upon the income of the owner or the combined incomes of
the owners.
(1) Such partial exemption shall be to the extent set forth in
the schedule following:
Annual Income of Owner or Assessed Valuation
Combined Annual Income of Owners Exempt from Taxation
Up to $18,500 50
More than $18,500 but less than $19,500 45
$19,500 to $20,499.99 40
$20,500 to $21,499.99 35
$21,500 to $22,399.99 30
$22,400 to $23,299.99 25
$23,300 to $24,199.99 20
(2) The partial exemption provided by this Article shall,
however, be limited to such property and persons as meet the
conditions, exclusions and limitations set forth in Section
467 of the Real Property Tax Law of the State of New York.
B. (No changes)
February 5, 1997
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Section 300-2 Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the
owners of the property exceeds the sum of twenty-four thousand one
hundred ninety-nine dollars and ninety-nine cents ($24,199.99) for
the income tax year immediately preceding the date of making
application for exemption as consistent with the schedule provided
in Section 300-1A. Income tax year shall mean a twelve-month
period for which the owner or owners filed a federal personal
income tax return or, if no such return is filed, the calendar
year. Where title is vested in either the husband or the wife,
their combined income may not exceed such sum. Such income shall
include social security and retirement benefits, interest,
dividends, total gain from the sale or exchange of a capital asset
in the same income tax year, net rental income , salary or
earnings and net income from self-employment but shall not include
a return of capital, gifts or inheritances. In computing net
rental income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion, wear and tear of
real or personal property held for the production of income.
B. Unless the owner shall have held an exemption under this
section for his previous residence or unless the title of the
property shall have been vested in the owner or one (1) of the
owners of the property for at least twelve (12) consecutive months
prior to the date of making application for exemption; provided
however, that in the event of the death of either a husband or
wife in whose name title of the property shall have been vested at
the time of death which then becomes vested solely in the survivor
by virtue of devise by or descent from the deceased husband or
wife, the time of ownership of the property by the deceased
husband or wife shall be deemed also a time of ownership by the
survivor and such ownership shall be deemed continuous for the
purposes of computing such period of twelve (12) consecutive
months; provided, further, that in the event of a transfer by
either a husband or wife to the other spouse of all or part of the
title to the property, the time of ownership of the property by
the transferor spouse shall be deemed also a time of ownership by
the transferee spouse and such ownership shall be deemed
continuous for the purpose of computing such period of twelve (12)
consecutive months; and provided, further , that where property of
the owner or owners has been acquired to replace property formerly
owned by such owner or owners and taken by eminent domain or other
involuntary proceeding, except tax sale, the period of ownership
of the former property shall be combined with the period of
ownership of the property for which application is made for
exemption, and such periods of ownership shall be deemed to be
consecutive for purposes of this section. Where the owner or
owners transfer title to property which as of the date of transfer
was exempt from taxation under the provisions of this section, the
reacquisition of title by such owner or owners within nine months
of the date of transfer shall be deemed to satisfy the requirement
of this paragraph that the title of the property shall have been
vested in the owner or one of the owners for such period of twelve
(12) consecutive months. Where, upon or subsequent to the death
of an owner or owners, title to property which as of the date of
such death was exempt from taxation under such provisions, becomes
vested, by virtue of devise or descent from the deceased owner or
owners, or by transfer by any other means within nine months after
such death, solely in a person or persons, who, at the time of
such death, maintained such property as a primary residence the
requirement of this paragraph that the title of the property shall
have been vested in the owner or one of the owners for such period
of twelve consecutive months shall be deemed satisfied.
February 5, 1997
13
C. Unless the property is used exclusively for residential
purposes, provided however, that in the event any portion of such
property is not so used exclusively for residential purposes but
is used for other purposes, such portion shall be subject to
taxation and the remaining portion only shall be entitled to the
exemption provided by this section.
D. Unless the property is the legal residence of and is occupied
in whole or in part by the owner or by all of the owners of the
property: except where, (i) an owner is absent from the residence
while receiving health-related care as an inpatient of a
residential health care facility, as defined in section twenty-
eight hundred one of the public health law, provided that any
income accruing to that person shall only be income only to the
extent that it exceeds the amount paid by such owner, spouse, or
co-owner for care in the facility and provided further, that
during such confinement, such property is not occupied by other
than the spouse or co-owner of such property; or (ii) the real
property is owned by a husband and/or wife, or an ex-husband
and/or an ex-wife, and either is absent from the residence due to
divorce, legal separation or abandonment and all other provisions
of this section are met provided that where an exemption was
previously granted when both resided on the property, then the
person remaining on the real property shall be sixty-two years of
age or older.
Section 300-3 Annual Application Required
Application for such exemption must be made by the owner or all of
the owners of the property on forms prescribed by the State Board
to be furnished by the Tompkins County Assessment Department.
Section 300-4 Notification of applicants - Deleted.
Section 300-4 Penalties for offenses; disqualification from
exemption. No changes.
Section 2. This Ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Carried Unanimously
Alderperson Marcham noted that Items 15.13 - 15.16 have been moved
to the end of the Budget and Administration Committee agenda.
15.17 Planning & Development -Eddygate HoDAG Loan Modification
Approval
By Alderperson Marcham: Seconded by Alderperson Sams
WHEREAS, the City successfully applied for a $1,381,293 Housing
Development Action Grant which was lent to the Eddygate
Partnership to assist in the financing of the Eddygate housing and
retail complex in Collegetown, and
WHEREAS, the repayment terms on the HoDAG loan included a
participation agreement whereby the City was to receive 40% of the
cash flow generated by the project after the Eddygate Partnership
received an 11% return on their equity investment in the project,
and
WHEREAS, the closing documents for this transaction contain
conflicting language defining how the calculations for arriving at
the participation figure are to be calculated, and
WHEREAS, the General Partner for the Eddygate Partnership and City
staff agree that resolving the differences in how this calculation
February 5, 1997
14
is to be accomplished could be an ongoing source of difficulty and
time consuming negotiation and that it would be in the best
interest of both the City and Partnership to structure the loan as
a regular amortizing loan, and
WHEREAS, staff and the General Partner for the Eddygate
Partnership have reached agreement on the terms of the
restructured HoDAG loan as described in the letter to the General
Partner dated January 8, 1997, and
WHEREAS, both the Urban Renewal Agency and the Budget and
Administration Committee of Common Council have approved the
revised loan terms as described in the January 8 letter, now
therefore be it
RESOLVED, that the Common Council approves restructuring the HoDAG
loan such that it will be a regular amortizing loan with a
principal amount of $1,221,152.58, an interest rate of 7.75% and a
term of 23 years and as otherwise more fully described in a letter
to Mr. Mack Travis, General Partner for the Eddygate Partnership,
dated January 8, 1997, and be it further
RESOLVED, That the Mayor is authorized to execute all appropriate
documents necessary to complete this restructuring of the HoDAG
loan, subject to the advice of the City Attorney and Director of
Planning and Development.
Carried Unanimously
Alderperson Mackesey extended thanks to David Sprague and Mark
Little who were instrumental in negotiating this loan.
15.18 Planning Department - Request to Amend Capital Project for
Cascadilla Boathouse Stabilization
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, the City approved a $200,000 Capital Project for the
Stabilization of the Cascadilla Boathouse in June, 1994, including
$100,000 in Environmental Quality Bond Act Grant Funds which were
subsequently awarded by New York State and a local match of
$100,000, and
WHEREAS, the City advertised the availability of the bid documents
on November 22, 1996, and five bids were submitted by the December
17 deadline, and
WHEREAS, the bid from the lowest qualified bidder was greater than
the approved Capital Project and an additional $156,000 will be
required to complete the stabilization; now, therefore, be it
RESOLVED, That Capital Project #275, Cascadilla Boathouse
Reconstruction, shall be amended by an amount not to exceed
$156,000 for a total project cost of $356,000, and be it further
RESOLVED, That the additional City share of $156,000 shall be
derived from the issuance of serial bonds.
Discussion followed on the floor with Alderpersons Thorpe,
Blumenthal, Marcham speaking in support of the stabilization of
the building. Alderperson Mackesey clarified the fact that this
funding will only stabilize the building, additional funding will
be required for renovations and improvements.
A vote on the Resolution resulted as follows:
Carried Unanimously
15.19 Finance/Chamberlain - Request Authorization to Correct Tax
Warrant
February 5, 1997
15
By Alderperson Marcham: Seconded by Alderperson Johnson
RESOLVED, That the 1997 Tax Roll be amended by deleting a
delinquent charge of $243.00, added in error to 1011 North Aurora
Street, and this amount shall be levied against the appropriate
property, inclusive of accrued interest in 1998.
Carried Unanimously
Alderperson Shenk requested that Planning and Economic Development
Committee Agenda Item 16.4 be taken up next. No Council member
objected.
16.4 Canal Corridor Initiative/Authorization to Submit Application
By Alderperson Blumenthal: Seconded by Alderperson Gray
WHEREAS, the Department of Housing and Urban Development has made
available a special category of funding through its Canal Corridor
Initiative to assist communities on the New York State Barge Canal
System in revitalizing their waterfront areas, and
WHEREAS, the funding available through this initiative, Section
108 loans and Small Cities Community Development Block Grant
Funds, is intended to leverage private sector commitments to
develop projects that lead to the physical and economic
revitalization of these waterfront areas including the creation of
jobs and expansion of the local tax base, and
WHEREAS, staff has issued two Requests for Proposals seeking
development proposals for the area along the canal system within
the City from for-profit and not-for-profit developers, and
WHEREAS, over ten proposals were submitted to the City which were
evaluated by the Citizens Advisory Committee, the Urban Renewal
Agency and a sub-committee of the Planning and Economic
Development Committee of Common Council, and
WHEREAS, all other reviewing agencies agreed that, in addition to
the following key selection criteria established by HUD for the
Canal Corridor Initiative:
the extent to which the project contributes to the
revitalization of a waterfront district
relationship of the proposed project to other waterfront
developments in the region
the number of jobs created for low to moderate income
people
feasibility of the development proposal
impact of the project in utilizing the canal or related
waterways to revitalize the area
another principal selection criteria should be site control, and
WHEREAS, the following projects are recommended for inclusion in
the Canal Corridor Initiative application because they each
effectively address all the criteria described above:
1. Marina Realty of Ithaca proposal for the end of Inlet
Island
2. The Community Fly Fisher Program
3. Ithaca Landing Associates proposal for the Old Port
Harbor property
February 5, 1997
16
4. The Ithaca Farmers Market proposal for a pier and related
improvements at Steamboat Landing
WHEREAS, the total amount of CDBG/CCI grant funds necessary to
implement these projects is either $636,000 with all public
improvements funded through a first year grant or $1,117,500 for
the public improvements funded through the Section 108 loan
program, with the increase in grant funding attributable to the
principal and interest payments on the public improvement portion
of the Section 108 request which are to be paid over the next
twenty years out of future CDBG funds, and
WHEREAS, HUD, in order to maximize the impact on revitalizing the
canal system in New York State, has indicated a desire to utilize
the CDBG funds allocated for the Initiative to leverage increased
use of the Section 108 program, and
WHEREAS, the Canal Corridor Initiative application is only for the
grant component of the total funding, and
WHEREAS, if the Canal Corridor Initiative application is approved
by HUD, the City will be requested to submit individual Section
108 applications to HUD in the amount of $550,000 for Marina
Realty of Ithaca, plus perhaps $350,000 for public improvements
and $465,000 for Ithaca Landing Associates, plus perhaps $135,00
for public improvements, said applications subject to review and
approval by the Common Council before their submission to HUD;
now, therefore, be it
RESOLVED, That the Common Council approves the four projects
listed above for inclusion in the City's Canal Corridor Initiative
application and authorizes staff to prepare this application,
including both funding alternatives with a preference expressed
for the first alternative, and, be it further
RESOLVED, That the Mayor, upon the advice of the Director of
Planning and Development and City Attorney, is authorized to
execute all necessary and appropriate documents for the submission
of this application.
Extensive discussion followed on the floor with Deputy Planning
and Development Director Sieverding explaining Canal Corridor
Initiative application, and answering questions regarding HUD
funding. Deputy Director Sieverding introduced several of the
potential private recipients who answered questions from Council
members regarding their plans and intentions.
A vote on the Resolution resulted as follows:
Carried Unanimously
Resolution Amending the City of Ithaca Consolidated Plan
By Alderperson Blumenthal: Seconded by Alderperson Hanna
WHEREAS, the Community Development Consolidated Plan adopted in
1996 outlines a number of community development needs in the area
of affordable housing, economic development, public
infrastructure, and public services, and
WHEREAS, the Notice of Funding Availability for the Canal Corridor
Initiative requires that Consolidated Plans be updated to reflect
new non-housing community development activities that may be
proposed in the Canal Corridor Initiative application, and
February 5, 1997
17
WHEREAS, the Canal Corridor Initiative application proposes new
public infrastructure and new economic development activities not
previously addressed in the Consolidated Plan, and
WHEREAS, the City has held a public hearing regarding these
amendments to the Consolidated Plan; now, therefore, be it
RESOLVED, That the Community Development Consolidated Plan be
amended as follows:
Assessment of Needs: add to the section of the plan
discussing sidewalk, streetscape and lighting needs the need for
these improvements on Inlet Island along the Flood Control Channel
and the full length of Taughannock Boulevard as called for in the
Inlet Island Land Use Plan.
Resources - Economic Development: the need for affordable
financing and other incentives to induce the redevelopment of the
Inlet Island area in a manner consistent with local plans and
consistent with the Community Development Program objectives.
Planned Activities - Economic Development Initiatives:
Provide financial assistance to promote the physical and economic
revitalization of the City's waterfront area on and around Inlet
Island and the Cayuga Inlet.
Carried Unanimously
15.20 Finance/Chamberlain - Acquisition of 402 South Cayuga Street
By Alderperson Marcham: Seconded by Alderperson Mackesey
WHEREAS, Sun Properties, Inc. has not paid property taxes on 402
South Cayuga Street since 1992 resulting in a current total
property tax liability of $96,563.49, of which $81,278.59 is due
the City of Ithaca, and
WHEREAS, in July 1995 402 South Cayuga Street had its water
service shut off due to non payment of water bills and was
therefore ordered to be vacated by the Building Department because
of unsanitary living conditions, and
WHEREAS, in July 1995 electric service to 402 South Cayuga Street
was shut off, and
WHEREAS, in early August 1995 gas service to 402 South Cayuga
Street was shut off, and
WHEREAS, on August 13, 1995, a fire in 402 South Cayuga Street
caused significant interior damage to the building, after which
Sun Properties was ordered to either repair or demolish the
building by the City of Ithaca Building Commissioner, and
WHEREAS, one of the principals of Sun Properties made a statement
to the Ithaca Police Department on August 13, 1995, stating that
Sun Properties no longer considered itself owner of the property
and that it had mailed the keys to the property to the holder of
the first mortgage on the property, and
WHEREAS, a representative of the holder of the first mortgage on
402 South Cayuga Street stated to the City's Deputy Director of
Planning and Development on October 31, 1996, that the bank did
not consider itself the owner of the property, and that
maintaining the building in a manner so as not to cause a public
safety and nuisance problem was not the banks problem, and
WHEREAS, given this apparent abandonment of the property by both
the owner of record and the holder of the first mortgage, the City
has on a number of occasions secured the building, boarded up
February 5, 1997
18
broken windows, mowed the grass and hauled away abandoned garbage,
and
WHEREAS, no one has reimbursed the City for expenses related to
performing these tasks, and
WHEREAS, the record of abandonment established on this property by
both Sun Properties and the holder of the first mortgage presents
a threat to public health, safety and to the welfare of the
immediately surrounding residential neighborhood and the
substantial investment in Community Development Block Grant funds
and other initiatives the City has promoted to stabilize the
Southside residential neighborhood, and
WHEREAS, the Building Commissioner has filed a Certification of
Abandonment as called for in Section 1971 of Article 19-A of Real
Property Actions and Proceedings Law, now therefore be it
RESOLVED, that the City will move forward to take title to 402
South Cayuga Street pursuant to Article 19-A of Real Property
Actions and Proceedings Law and that upon taking title the City
will transfer title to the Ithaca Urban Renewal Agency, be it
further
RESOLVED, That staff is authorized to issue a Request for
Proposals to for-profit and not-for-profit developers for the
redevelopment of this property with the minimum acceptable
acquisition price for 402 South Cayuga Street to be set at the
total outstanding property tax liability on the property.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Shenk
RESOLVED, That the last Resolved clause be amended to read as
follows:
"RESOLVED, That staff is authorized to issue a Request for
Proposals to for-profit and not-for-profit developers for the
redevelopment of this property.
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
RECESS:
On a motion Common Council recessed at 9:45 p.m.
RECONVENE:
Common Council reconvened into regular session at 10:00 p.m.
EXECUTIVE SESSION:
By Alderperson Marcham: Seconded by Alderperson Johnson
RESOLVED, That Common Council adjourn into Executive Session to
discuss several Personnel issues.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session at 10:50 p.m. No
items were brought forth.
15.13 Planning Department - Request to Amend Authorized Personnel
Roster
By Alderperson Marcham: Seconded by Alderperson
RESOLVED, That the Personnel Roster of the Planning and
Development Department be amended by adding the position of
February 5, 1997
19
Historic Preservation and Neighborhood Planner effective
immediately, and be it further
RESOLVED, That the position of Historic Preservation and
Neighborhood Planner be assigned to the CSEA Administrative Unit
at salary grade 21, to be determined and consistent with pay
equity evaluation method adopted by Common Council.
Motion to Table
By Alderperson Hanna: Seconded by Alderperson Mackesey
RESOLVED, That this Item be tabled and considered with the
Planning Department re-organization plan.
Carried Unanimously
15.14 Planning Department - Request to Amend Authorized Personnel
Roster
By Alderperson Marcham: Seconded by Alderperson
WHEREAS, the 1997 City budget does not contain funding for certain
authorized positions currently occupied by employees; now,
therefore, be it
RESOLVED, That the Roster of Authorized Positions for the
Department of Planning and Development be amended by deleting the
following positions effective March 6, 1997:
One (1) Planner II position
Motion to Table
By Alderperson Hanna: Seconded by Alderperson Mackesey
RESOLVED, That this Item be tabled and considered with the
Planning Department re-organization plan.
Carried Unanimously
15.16 Planning Department - Personnel Item
By Alderperson Marcham: Seconded by Alderperson Gray
RESOLVED, That an agreement be entered into between the City of
Ithaca and Jonathan Meigs, in accordance with the terms set forth
in the Memorandum of Understanding, and that the Mayor be
authorized to execute all agreements and other documents necessary
to implement the terms of the Memorandum.
Carried Unanimously
15.15 Planning Department - Personnel Item
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, the approved final 1997 City of Ithaca Budget has
insufficient funds to cover all positions on the personnel roster
for all or part of 1997 for the Planning and Development
Department; now, therefore, be it
RESOLVED, That the 1997 Budget be amended by increasing Account
A8020-5110 to fund one Planner II position in the amount of
$44,600, the funding for which shall be derived from Account A909
Unappropriated Fund Balance.
Carried Unanimously
15.21 Finance/Personnel/Police - Request to Amend Salary
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, a review of the starting salary established for Audrey
Fields as a Typist in the Police Department disclosed that, based
on experience, the midpoint salary should have been used rather
than the minimum salary for that position; now, therefore, be it
RESOLVED, That the 1997 salary for Audrey Fields be adjusted to
$15,810 effective February 6, 1997, and be it further
February 5, 1997
20
RESOLVED, That the appropriate adjustment be calculated
retroactive to April 23, 1996 to reflect the appropriate starting
salary of $15,350.
Carried Unanimously
15.22 Building Department - Amendment of Capital Project #211 for
Building Department Software
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, Common Council at its Regular meeting on September 5,
1995 approved the conceptual plan in the amount of $52,150 to
purchase various computer hardware and software to assist the
Building Department in becoming more effective and efficient, and
WHEREAS, of the $52,150 computer plan, $28,120 was authorized by
Common Council at its September 6, 1995 meeting to upgrade the
Building Department's computers and office software, and
WHEREAS, the second phase of the computer plan is to include
Building Department specific software to automate the department's
information systems and processes, and
WHEREAS, the Building Department has received responses to its
request for proposals from several different vendors of software
products that will manage building permit processing, inspections
of various types, and zoning and approval information, and
WHEREAS, staff from the Building and Planning Departments have
examined all of the responses to the request for proposals and now
recommends that a phased approach be used that will segment the
project in order to better manage the project and stay within the
conceptual plan budget, and
WHEREAS, the software development can be accomplished with the
remaining $24,030 and will be done in phases, and
WHEREAS, phase 1 of the software development will involve a
detailed analysis and specifications for the finished software
product by Geodemographics Inc. at an estimated total cost of
$6,970, which includes a contingency amount and project management
costs; now, therefore, be it
RESOLVED, That Common Council, based on the recommendations of the
Building and Planning Departments, authorizes the Building
Department to proceed to develop the management software, and, be
it further
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by an amount not to exceed $24,030 to a total
authorization of $52,150 for this purpose, and, be it further
RESOLVED, That said funds will be derived from the issuance of
serial bonds.
Carried Unanimously
15.23 Fire Department - Request to Fill Vacancy
By Alderperson Marcham: Seconded by Alderperson Thorpe
WHEREAS, a fire fighter has expressed an intention to retire on or
about June 14, 1997, and
WHEREAS, in the interest of enrolling a replacement recruit fire
fighter recruit in the Spring training school, thereby allowing
this then-trained firefighter to accept a position in the regular
February 5, 1997
21
rotation and avoid a significant potential expenditure of
overtime; now, therefore, be it
RESOLVED, That one fire fighter position be hereby temporarily
added to the approved roster effective March 10, 1997, and be it
further
RESOLVED, That said temporary addition be deleted upon the
retirement of the aforementioned fire fighter.
Carried Unanimously
15.3 DPW - Request Approval of Water & Sewer Authorized Personnel
Roster
By Alderperson Marcham: Seconded by Alderperson Gray
RESOLVED, That effective March 1, 1997, the authorized roster of
the CSEA DPW Unit positions in the Water and Sewer Division of the
Department of Public Works shall be as follows:
Water and Sewer Division
1 Water Distribution Maintenance Supervisor
4 Working Supervisor
1 Senior Water Meter Servicer
1 Assistant Water/Wastewater Treatment Plant Mechanic
2 Motor Equipment Operator
6 Maintainer
2 Meter Servicer
3 Truck Driver
1 Laborer
Wastewater Treatment Plant
1 Truck Driver
and, be it further
RESOLVED, That all previously authorized CSEA DPW Unit positions
assigned to the Water and Sewer Division of 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 this Resolution supersedes any previous Resolutions
establishing an alternative roster of CSEA DPW Unit positions in
the Water & Sewer Division of the Department of Public Works.
Carried Unanimously
15.24 DPW - Request Authorization to Convert Donated Sick Leave to
Extended Health Insurance Coverage
By Alderperson Marcham: Seconded by Alderperson Mackesey
WHEREAS, David Marsh recently retired from the Department of
Public Works due to disability, and
WHEREAS, the co-workers of David Marsh have donated sick leave to
Mr. Marsh with the intention of allowing him to convert it to
extended health insurance coverage for himself and his family, and
WHEREAS, the current labor agreement between the City of Ithaca
and the CSEA DPW Unit does not provide for the conversion of
donated sick leave to extended health insurance coverage upon
disability retirement, and
February 5, 1997
22
WHEREAS, both the City and CSEA wish to allow Mr. Marsh to convert
the donated sick leave to extended family health insurance
coverage; now, therefore, be it
RESOLVED, That the Mayor is authorized to sign a Memorandum of
Understanding with the CSEA DPW Unit to allow Mr. Marsh to convert
the donated sick leave to extended health insurance coverage, and
be it further
RESOLVED, That the Memorandum of Understanding shall only apply to
Mr. Marsh's personal situation and shall not be binding on the
City of Ithaca in the future.
Alderperson Thorpe commended the generosity of the Department of
Public Works employees regarding this matter.
Carried Unanimously
15.25 North East Transit Agreement
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, the Board of Public Works was presented with information
regarding the proposals for operating the North East Transit
routes for the next five years, and
WHEREAS, representatives from the City, County and TCAT are
recommending that the contract be awarded to Swarthout and Ferris
based on their references, experience, personnel and price; now,
therefore, be it
RESOLVED, That Common Council, acting on behalf of the Board of
Public Works approves of awarding the bid for the North East
Transit routes to Swarthout and Ferris for their low proposed 5
year bid of $929,126.50, and, be it further
RESOLVED, That Common Council authorizes the Superintendent to
enter into an agreement with Swarthout and Ferris.
Carried Unanimously
15.26 Cold Storage Building
By Alderperson Marcham: Seconded by Alderperson Hanna
WHEREAS, the City has undertaken a long term project for
consolidation of DPW support facilities and has funded both a
planning/design stage and construction of the first cold storage
building as part of that project, and
WHEREAS, the construction of the Route 96 Improvement Project by
New York State has provided an opportunity to acquire an interim
storage facility by reuse of a building segment that was
originally scheduled for demolition, and
WHEREAS, the acquisition allows immediate replacement for storage
space which has been lost in recent years as part of the Northside
Land Use Plan and the consolidation efforts have proceeded while
allowing flexibility in the timing of various elements of both
plans; now, therefore, be it
RESOLVED, That Common Council authorizes the expenditure of up to
$250,000 from Capital Project 314 (DPW Cold Storage Building) as
well as up to $150,000 from the Water and Sewer Fund balances
($75,000 each from unreserved funds) for the purpose of
acquisition and minor remodeling for conversion, and, be it
further
RESOLVED, That the Assistant Superintendent of Water and Sewer be
authorized to negotiate for, and the Mayor be authorized to
February 5, 1997
23
acquire the interim storage facility, subject to the approval for
form of the City Attorney.
Motion to Withdraw
By Alderperson Marcham: Seconded by Alderperson Hanna
RESOLVED, That this item be withdrawn from the agenda as the
Department of Public Works is not prepared to proceed further at
this time.
Carried Unanimously
16.27 Award of Bid for Demolition of 611 West Buffalo Street
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, bids were received on February 4, 1997, for the
demolition of 611 West Buffalo Street in order to construct a
neighborhood parking lot, and
WHEREAS, the Budget and Administration Committee has proposed an
increase in the project budget, and
WHEREAS, staff is recommending that the low bid submitted by
Schooley Enterprises, Inc., be awarded; now, therefore, be it
RESOLVED, That Common Council, on behalf of the Board of Public
Works hereby awards the contract for the demolition of 611 West
Buffalo Street to Schooley Enterprises, Inc., 146 York Street,
Auburn, New York, for their bid of $13,786, and, be it further
RESOLVED, That Common Council authorizes the Superintendent to
enter into an agreement with Schooley Enterprises.
Carried Unanimously
15.28 Planning Department - Award of Bid for Cascadilla Boathouse
Stabilization
By Alderperson Marcham: Seconded by Alderperson Hanna
WHEREAS, bids were received on December 17, 1996 for Cascadilla
Boathouse Stabilization, and
WHEREAS, the Common Council has approved an increase in the
project budget, and
WHEREAS, the two low bidders have withdrawn their bids, and staff
is recommending that McPherson Builders be awarded the bid; now,
therefore, be it
RESOLVED, That the Common Council hereby awards the contract for
the Cascadilla Boathouse Stabilization to McPherson Builders, 710
Willow Avenue, Ithaca, NY for their bid of $289,903, and, be it
further
RESOLVED, That the Common Council authorizes the Superintendent to
enter into an agreement with McPherson Builders.
Carried Unanimously
Motion for Re-vote on Item 15.1 Common Council - Request Funding
for Financial Feasibility Study for State Theater
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the consulting firm of Joseph Wesley Zeigler & Associates
of Montclair, New Jersey, has proposed to study the financial
feasibility of operating the State Theater as a performing arts
center, and
WHEREAS, this study is expected to clarify the question of whether
this landmark building can survive as a structure, community arts
institution, and asset to downtown Ithaca, and
February 5, 1997
24
WHEREAS, one-third of the consultant's fee has been sought from
Tompkins County, one-third from the City of Ithaca, and one-third
from private sources, with the assistance of the Community Arts
Partnership, and
WHEREAS, the County funding and part of the private funds are
assured; now, therefore, be it
RESOLVED, That the City of Ithaca agrees to pay one-third of the
cost of the consultant's fee, not to exceed $9,000, and be it
further
RESOLVED, That $9,000.00 be transferred from Restricted
Contingency to Account A8020-435 Planning Department Contractual
Services for said purpose.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the first Resolved Clause be amended to read as
follows:
"RESOLVED, That the City of Ithaca agrees to pay one-third of the
cost of the consultant's fee, not to exceed $9,000, contingent
upon the acquisition of funds from Tompkins County and the private
sector, and be it further"
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Appointment to the Vacancy Review Committee:
By Alderperson Shenk: Seconded by Alderperson Johnson
RESOLVED, That Alderpersons Marcham and Gray be appointed to the
Vacancy Review Committee.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
16.5 Inlet Island Urban Design Guidelines
By Alderperson Blumenthal: Seconded by Alderperson Shenk
WHEREAS, the Inlet Island Land Use Study, adopted by Common
Council in 1992, makes a number of land use proposals and suggests
general development objectives for Inlet Island, and
WHEREAS, the near completion of the Octopus reconstruction
project, the almost complete alienation and conversion process for
former Cass Park acquisition land located on Inlet Island and the
Canal Corridor Initiative funding proposal are all increasing
redevelopment pressure on this important waterfront area of the
City, and
WHEREAS, carefully thought out and designed private and public
development projects in and around Inlet Island are essential to
the successful economic and physical revitalization of the area in
a manner that provides the public with waterfront access and
protects the value of publicly owned land in the area, and
WHEREAS, development that is in fact carefully designed and
considers both private sector and public sector needs and uses can
most successfully be accomplished with clearly written and
presented design guidelines, and
WHEREAS, these design guidelines should be developed by a
professional design firm with experience with waterfront property
and the preparation of urban, waterfront design guidelines; now
therefore be it
February 5, 1997
25
RESOLVED, That Common Council endorses the concept of developing
design guidelines for the Inlet Island area and authorizes staff
to prepare and release a Request for Proposals to qualified design
firms for this assignment, and, be it further
RESOLVED, That responses to this RFP will be considered by the
Planning and Economic Development Committee which will make a
recommendation to Common Council relative to the firm which should
be retained to prepare these design guidelines.
Alderperson Johnson requested that the City make every effort to
hire a local firm to complete the design guidelines.
A vote on the Resolution resulted as follows:
Carried Unanimously
16.6 Skateboard Park Site Selection
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has, for some time, recognized the
need for a safe facility for skateboarding, and
WHEREAS, a skateboard park has been made a capital project in the
1997 City of Ithaca budget, and
WHEREAS, a group with representatives from the Youth Bureau, the
Engineering Division, the Planning & Development Department and
the skateboarding community has met at a series of meetings to try
to select the best site for a skateboard facility in the City of
Ithaca, and
WHEREAS, this committee has carefully weighed the alternatives and
has recommended that the facility be located northwest of the
Youth Bureau building between the building and the Conrail tracks,
and
WHEREAS, the Planning & Economic Development Committee of Common
Council has evaluated the alternatives and concurs with the
finding of the committee with respect to the site location, and
WHEREAS, the Planning & Economic Development Committee has
recommended that the site recommendation be referred to the Parks
Commission and to the Board of Public Works for their evaluation
and comment, and
WHEREAS, the Parks Commission has endorsed the site location for
the proposed skateboard park with conditions concerning visual
impacts and safety; now, therefore, be it
RESOLVED, That Common Council does hereby select as the site for
the skateboard park that area between the Conrail tracks and the
Youth Bureau building, and, be it further
RESOLVED, That the staff be directed to continue design and
development of the skateboard facility at the selected site.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Johnson
RESOLVED, That the following Resolved clause be added to the
Resolution:
"RESOLVED, That the skateboard facility will be maintained by the
Youth Bureau with input from the Board of Public Works and Parks
Commission.
The proposed Amendment was withdrawn.
February 5, 1997
26
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Johnson
RESOLVED, That the last Resolved clause be amended to reads as
follows:
"RESOLVED, That City staff including the Planning Dept,
Engineering Division, and Youth Bureau be directed to continue
design, development, and maintenance planning of the skateboard
facility at the selected site with input from the Board of Public
Works and Parks Commission.
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
16.7 Conflict of Interest Regulations
By Alderperson Blumenthal: Seconded by Alderperson Hanna
WHEREAS, the Department of Housing and Urban Development has
regulations regarding potential conflicts of interest for persons
participating in Community Development Block Grant (CDBG)
activities, and these regulations specifically include elected
municipal officials as a category of persons requiring a waiver
from the regulations as a condition of participation, and
WHEREAS, requests for waivers of the conflict of interest
regulations will be considered by HUD on a case by case basis,
providing the request is discussed in an open meeting of the
relevant governing body, and also the municipal attorney certifies
that no state or local law would be infringed by the granting of a
waiver in the subject case, and
WHEREAS, this matter was discussed in an open meeting of the
Planning and Economic Development Committee of the Common Council
(membership of which includes the full Common Council) on January
21, 1997; now, therefore, be it
RESOLVED, That having discussed the matter in an open meeting the
Ithaca Common Council requests HUD to waive conflict of interest
requirements to allow Alderperson Diann Sams to participate in the
Citys first time homebuyer program, administered by Ithaca
Neighborhood Housing Services, and that community development
staff is authorized to commence the waiver request process.
Ayes (8) Shenk, Mackesey, Johnson, Blumenthal, Hanna,
Marcham, Gray, Thorpe
Nays (0)
Abstentions (1) Sams
Carried
16.8 1997 Planning Department Work Program
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the Department of Planning & Development's proposed 1997
Work Program has been reviewed by the Planning and Economic
Development Committee; now, therefore, be it
RESOLVED, That Common Council designate the following as the
Department's priority projects for 1997:
1997 Planning Department Work Program Priority Items*
Economic Development
- Economic Development Plan
- Inlet Island Urban Design Study
- Meadow Street Area Land Use and Rezoning Study
February 5, 1997
27
- Sale of Unneeded City Land (Northside triangular block,
others)
- Cable Franchise Agreement
Inter-Municipal Relations and Inter-Institutional Planning
- Local Waterfront Revitalization
- Cornell Rezoning
Neighborhood Planning
- City Neighborhoods: Study, Analyze and Propose Solutions
for Problems Affecting Health and Stability, with a
focus on the West End and with the priority project being
an analysis of residential and business parking demand
- Residential Parking Permit System
- Tax Incentive Program for Historic Districts/Neighborhood
Preservation
- Steep Slopes Ordinance
Housing
- Revision of Cluster Subdivision and R-2c Ordinances
- Work with Non-Profit Agencies to Expand Supply of
Affordable Housing, with a focus on lowest-income
population
- Identify Sites Suitable for Future Affordable Housing
Projects
Transportation
- East Hill Parking Study
- City-Wide Bicycle Plan
- Rt. 96 Project: Coordination with DoT
- Prototype Traffic-Calming Measures for Neighborhoods East
of Meadow Street
Long-Range Planning Projects
- Inlet Island Land Use Plan: Implementation
- Southwest Area Land Use Study: Adoption
- Northside Land Use Plan: Adoption
- Downtown Design Plan: Adoption
- Waterfront Plan: Adoption
- Six Mile Creek Valley Land Acquisition
- Geographic Information System
Future Projects
- Local Development Corporation
(establishment to follow adoption of long range economic
development plan)
- Expansion of Cherry Street Industrial Park
- Exploration of Greater Cooperation and Possible
Coordination & Consolidation of City/Town/County Planning
- Tax Base Sharing
*Note: The list above enumerates items which have been designated
by Common Council as high priority for the Department. Not all
these projects may be worked on or completed during the course of
the year. The Department has many other ongoing obligations and,
in addition, new projects are often identified for staff attention
during any given year. Items are also frequently carried over
from year to year because many planning projects take more than a
year from start to finish.
Motion to Table
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That this Resolution be tabled until the Planning Board
has had an opportunity to review it.
Carried Unanimously
February 5, 1997
28
NEW BUSINESS:
Alderperson Shenk distributed the revised Resolution that the
Tompkins County Board of Representatives passed on the Youth Joint
Task Force.
ADJOURNMENT:
On a motion the meeting adjourned at 11:40 p.m.
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor