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HomeMy WebLinkAboutMN-CC-1997-05-07 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. May 7, 1997 PRESENT: Mayor Cohen Alderpersons (9) - Sams, Shenk, Mackesey, Hanna, Gray, Thorpe, Marcham, Blumenthal, Efroymson OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Building Commissioner - Eckstrom Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding Acting Police Chief - Barnes Fire Chief - Wilbur City Chamberlain - Parsons Superintendent of Public Works - Gray PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the March 6, 1997 and April 2, 1997 Common Council Meeting Minutes The approval of the March 6, 1997 and April 2, 1997 Minutes was postponed until the June 4, 1997 meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee: Alderperson Blumenthal requested the addition of items 17.7 - Report on Economic Development Plan; 17.8 - Report on Planning Department Reorganization; and 17.9 Call for Special Meeting and Public Hearing regarding the Community Development Block Grant Program. No Council member objected. Budget and Administration Committee: Alderperson Marcham requested that Item 15.1 - Authorization of City Attorney to File a BJA Grant Application, be removed from the consent agenda, and become Item 16.9 on the Regular Budget & Administration Committee Agenda. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 325-10 Entitled "Accessory Apartment Permits - Owner Occupancy Required" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code May 7, 1997 2 Resolution to Open Public Hearing By Alderperson Gray: Seconded by Alderperson Hanna RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-10 of the City of Ithaca Municipal Code be declared open. Carried Unanimously No one appeared to address Council on this issue. Resolution to Close Public Hearing By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-10 of the City of Ithaca Municipal Code be declared closed. Carried Unanimously Public Hearing to Consider an Ordinance Amending Section 325-3 B Entitled "Specific Terms or Words"- Definition of "Dwelling, Owner Occupied" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Marcham: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-3B of the City of Ithaca Municipal Code be declared open. Carried Unanimously No one appeared to address Council on this issue. Resolution to Close Public Hearing By Alderperson Gray: Seconded by Alderperson Hanna RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-3B of the City of Ithaca Municipal Code be declared closed. Carried Unanimously YOUTH AWARD: Alderperson Blumenthal presented the May, 1997 Youth Award to the following members of KIDSREACH: Amity Weiss, Bethan Lemley, Jessica Woloszyn, Molly Cox-Hite, Victoria Febo, Jessie Gilbert, Erica Kelley, Kelly Sullivan, Phoenix Wiggins, Jessica Wiggins, Etosha Blank, Jamie Blank, Laura Vineyard, Katie Dashler, Hannah Jackson, Allison Fajans-Turner, Alice Han. KIDSREACH is a group of 12 and 13 year old youths from the broader Ithaca community. KIDSREACH was founded by Amity Weiss two years ago with two main purposes, performing volunteer work in the community and fundraising for worthy causes. Recently the group has formed a sister-city bond with Bihac, Bosnia and have raised funds which will purchase an ambulance and stretcher for the residents of Bosnia, which will be filled with 406 pairs of shoes and boots that the children have collected. KIDSREACH is further raising funds to bring 3 Bosnian children, and their teacher to Ithaca for a visit this summer. KIDSREACH members have also been involved with a highway clean-up project, delivery of meals to senior citizens, fundraising for AIDSWORK, breast cancer awareness prevention, fundraising for flood victims in Fargo, North Dakota, and flower making/crafts projects for the residents of the Reconstruction Home. May 7, 1997 3 Bantam B Hockey Travel Team Awards Mayor Cohen proclaimed May 14, 1997 as Ithaca Youth Hockey Day in the City of Ithaca, and awarded Recognition Certificates to the following members of the Ithaca Bantam B Hockey Travel Team which won the New York State Championship, and advanced to the semi- finals in the National tournament: Head Coach - Anthony Marsit Assistant Coach - Derek Griffiths Assistant Coach - Ted Tufford Team Managers - Jane & Steve Schwan Players Kevin Armstrong, Todd Bowen, Brandon Brown, Matthew Caren, Nick Durland, Justin Field, Thomas Florino, Samuel Grossman, Patrick Hornbrook, Brett Huckle, Chris Lipinoga, Mark Lucier, Peter Maceli, Adam Mills, Jacob Schwan, Zachary Schwan, Chris Uber, Dustin Van Nederynen, Walter Wojdyla, David Wrisley COMMUNICATIONS: City Clerk Holcomb read the following correspondence into the record: "Dear Council Members We on East Hill, in the Collegetown section, request your support of augmented policing resources during the intensity of the next few weeks. We ask that you empower the B&A Committee to appropriate additional funding for IPD overtime so that necessary measures can be taken to plan and insure the continued security of the neighborhood, and safety of all. Thank you for your consideration of our well-being. Sincerely, Sean Killeen" PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Proposed Elimination of Local Postal Positions The following people spoke in opposition to the proposed elimination of positions for the downtown post office: Michael Oates, Town of Hector, Ithaca Postal Worker Fay Goughakis, City of Ithaca Cornell Senior Week/Approval for Police Department Overtime The following people spoke in favor of increased police overtime to control the Cornell University/Ithaca College Senior Week activities which have created multiple problems in many East Hill and South Hill neighborhoods: Frances Weissman, City of Ithaca Nick Salvatore, City of Ithaca Haines Family, City of Ithaca Dave Peppin, Village of Trumansburg, Collegetown Business Owner Mary Raddant Tomlan, City of Ithaca Gary Thomas, City of Ithaca Michael Gold, City of Ithaca Outdoor Dining on the Commons May 7, 1997 4 The following people spoke in favor of outdoor dining on the Commons in conjunction with sanctioned dining hours on a trial basis as proposed by the Business Improvement District’s Board of Directors: Andrew Gillis, Chair, Commons Advisory Board Joseph Daley, City of Ithaca John Schroeder, City of Ithaca Thomas Mann, City of Ithaca The following person spoke in opposition to the outdoor dining plan: Bill McCormick, City of Ithaca Faye Goughakis, City of Ithaca, announced her candidacy for the fifth ward Common Council seat to be vacated by Alderperson Roey Thorpe. Ms. Goughakis thanked Alderpersons Efroymson, Johnson, Thorpe and Commons Coordinator Jean Deming for their years of dedicated service. Ms. Goughakis further expressed her disappointment at Common Council’s lack of interest in the State Theater. Mary Ellen Rossiter, member of the City’s Shade Tree Advisory Committee informed Council of the two weeks of Arbor Day activities. She noted the plantings that were completed at all of the schools and GIAC, the Tree City Award that was presented to the City Forester, the $1,000 donation received from the Tompkins Cortland Builders Association, and the 200 bare root tree plantings which have been completed. She further urged Council to fill the current Tree Trimmer vacancy. RESPONSE TO THE PUBLIC: Senior Week Activities Alderpersons Mackesey, Shenk, Blumenthal and Hanna responded in support of comments made regarding increased law enforcement efforts during the senior week activities on East Hill and South Hill, and requested that this issue be added to the Budget and Administration Committee’s agenda for discussion and action at tonight’s meeting. Mayor Cohen announced that he will decline all noise permits for outdoor parties in Collegetown and on South Hill during Senior Week. Proposed Elimination of Postal Positions Alderperson Efroymson requested that the issue regarding the proposed elimination of local postal positions be referred to the Community Issues Committee for further discussion. Outdoor Dining on the Commons: Mayor Cohen clarified that the outdoor dining use/sanctioned hours, is subordinate to permits issued by the Commons Coordinator’s office, and will not prevent the use of this space by the public. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice-Chair Ehrhardt reported on the following items: The Board passed a Resolution in support of the increased use of outdoor dining on the Commons. The Board’s concerns regarding the May 7, 1997 5 maintenance and cleanliness of the area, free and open access of the Commons to all citizens have been adequately addressed. The Board is still concerned however about equability as restaurants on the Commons are paying $7.00 per square foot, and off-Commons merchants are paying $3.50 per square foot for outdoor dining space. The Board approved the award of bid for a highway marking machine. The Board approved the shuttle ticket system for the downtown/Collegetown shuttle bus. The Board approved the request to make the South Hill Terrace one- way traffic pattern permanent. The Board postponed the vote on the BID’s suggestion to convert the Commons Fountain into a planter. The Board has requested joint meetings with the Planning Board to discuss the proposed Ithaca Bicycle Plan. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen reported that a Special meeting may be called immediately preceding the Community Issues Committee meeting to discuss an item regarding the City Prosecutor’s office. Mayor Cohen announced proclamations for Healthy Mom’s Week, May 11-17, 1997, and Older American’s Month, May 1997. Mayor Cohen read the following proclamation into the record, thanking former Alderperson John Johnson for his dedicated years of service: Whereas, John Johnson was elected as a Third Ward Alderperson of the City of Ithaca in November 1987, and Whereas, he has faithfully performed his duties as a member of Common Council, giving tirelessly of himself and his time to the community, and Whereas, throughout his years of service and membership on numerous boards and committees, John made many significant contributions which have enhanced the quality of life we enjoy as citizens of the City of Ithaca, and Whereas, as a result of John’s advocacy, dedication, and guidance, measures were taken to protect the natural beauty of the Six Mile Creek Preserve and other natural areas; the Disability Advisory Council was established to identify and address the needs of the disabled; and many programs were implemented which enhance the lives of the City’s youth; now, therefore, be it Resolved, That the Mayor, and Common Council regret John Johnson’s departure, but share his enthusiasm and confidence as he faces new challenges in West Virginia, and wish him success in his new position as Senior Health and Resource Specialist for the West Virginia Development Disabilities Planning Council. Alderperson Efroymson reminded Council of the Open House at GIAC on May 17, 1997. May 7, 1997 6 REPORT OF THE CITY CLERK: Designation of 1997 Polling Locations By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That the following sites be designated as 1997 Polling Locations: 1997 POLLING LOCATIONS FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers 800 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St SECOND WARD 1st District GIAC 300 W. Court St 2nd District GIAC 300 W. Court St 3rd District Central Fire Station 310 W. Green St 4th District Central Fire Station 310 W. Green St THIRD WARD 1st District Robert Purcell Union Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St FOURTH WARD 1st District Class of '28 Hall 659 Stewart Ave 2nd District #9 Fire Station 309 College Ave 3rd District #9 Fire Station 309 College Ave FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St 3rd District Robert Purcell Union Jessup Rd 4th District Fall Creek School 202 King St Carried Unanimously REPORT OF THE CITY ATTORNEY: City Attorney Geldenhuys reported on the following: The case regarding the City’s smoke/heat detection requirements was argued last week, and a decision will be forth coming in a few weeks. City Court fined Carol Paltz $2,500. for violations of the over- occupancy regulations in the Zoning ordinance, and the rental buildings owned by Ms. Paltz will be monitored for a period to time to ensure future compliance with the regulations. CONSENT AGENDA ITEMS: Mayor Cohen requested that Item 15.1 be removed from the consent agenda, it will be renumbered as Item 16.9; and Item 15.8 be removed from the consent agenda, and renumbered as Item 18.1. BUDGET AND ADMINISTRATION COMMITTEE 15.2 City Attorney/Chamberlain - Request Funds for Bankruptcy Training By Alderperson Efroymson: Seconded by Alderperson Gray May 7, 1997 7 WHEREAS, the City has the need for bankruptcy training and an outside attorney to handle occasional bankruptcy matters and questions, and WHEREAS, it has been estimated that the bankruptcy training and consultation will cost $1,425; now, therefore, be it RESOLVED, That an amount not to exceed $1,425 be transferred from Account A1990 Unrestricted Contingency to Account A1420-5430 for the purposes of providing bankruptcy training and consultation to City staff. Carried Unanimously 15.3 Fire Department - Request Funds for Architectural Services By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, the City Fire Department has pressing space needs for administrative, operational, and storage functions, and WHEREAS, funding for architectural services to evaluate, design, and estimate cost renovations to existing administrative space at Central Fire Station has been estimated at $2,000; now, therefore, be it RESOLVED, That an amount not to exceed $2,000 be transferred from Account A1990 Unrestricted Contingency to Account A3410-5435 to hire an architect for said architectural services for the City Fire Department. Carried Unanimously 15.4 Finance/Chamberlain - Request to Approve Waiver of Penalty By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, the property owner at 317 Ithaca Road has requested a waiver of tax penalty relating to a 1997 City First Installment tax bill, and WHEREAS, the City Chamberlain and the Budget and Administration Committee have reviewed the supporting documentation for the taxpayer's request and are recommending a waiver of tax penalties; now, therefore, be it RESOLVED, That Common Council approves the request for waiver of tax penalty and authorizes the City Chamberlain to waive $30.44 in tax penalty related to a 1997 City First Installment tax bill for the property owner at 317 Ithaca Road. Carried Unanimously 15.5 Finance/Controller - Request to Release Contingency Funds for IMPACT By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, Common Council approved, as part of the 1997 Budget, $10,000 for a management initiative program and placed the funds in Restricted Contingency, and WHEREAS, the IMPACT (Innovative Municipal Processes and Communication Team) group has been meeting on a regular basis developing various ideas to improve the City working environment for all employees, and May 7, 1997 8 WHEREAS, IMPACT is in its developing stages and one of its ideas is to bring back the newsletter for City employees at a minimal cost to the City; now, therefore, be it RESOLVED, That $2,500 be transferred from Account A1990 Restricted Contingency to Account A1430-5435 for the purpose of funding the City newsletter and assisting with the establishment of IMPACT. Carried Unanimously 15.6 Mayor/Personnel - Request Transfer of Funds to Cover Police Chief Recruitment Expenses By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, the City has incurred advertising and interview expenses related to the Police Chief recruitment process in the amount of $6,500 which has used up a large portion of the 1997 funds budgeted for these accounts, and WHEREAS, there are funds available in the Police Chief's salary line due to the open Chief's position; now, therefore, be it RESOLVED, That the 1997 Authorized Budget be amended by transferring $6,500 from Account A3120-5105 to Accounts A1430- 5445, $4,000, and A1430-5445, $2,500, to cover Police Chief recruitment advertising and interview expenses. Carried Unanimously 15.7 Mayor/Personnel - Request to Hire Temporary Technical Assistance By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, the Personnel Department is in need of technical assistance in the area of Civil Service due to shortage of staff in the department, and WHEREAS, the department has estimated that 300 hours of assistance can be utilized through the hiring of a temporary contractor in this area of work, at a cost of $6,795, and WHEREAS, funds are available in the Administrative salary account due to the open Personnel Director position; now, therefore, be it RESOLVED, That the 1997 Authorized Budget be amended by transferring an amount not to exceed $6,795 from Account A1430- 5105 Administrative Salaries to Account A1430-5435 Contracts for the purpose of hiring a temporary contractor for the Personnel Department. Carried Unanimously Common Council requested that Item 18.1 be moved forward on the agenda. COMMUNITY ISSUES COMMITTEE: 18.1 Request for Funding for Bosnia Children Project By Alderperson Sams: Seconded by Alderperson Shenk WHEREAS, the children of war torn Bosnia, and the children of Ithaca, have established a bond that transcends race, culture, poverty, the ocean, and any of life's obstacles, and WHEREAS, these young people from both countries have set an example of love, caring, and sharing for human kind, and May 7, 1997 9 WHEREAS, these young people have already sent supplies and helped support the purchase of an ambulance for the Bosnian people, and WHEREAS, the City of Ithaca Common Council recognizes and applauds the children for giving so generously of their time and monies, and setting an example for others to follow, in their effort to break down the barriers; now, therefore, be it RESOLVED, That the request for $250 to bring children from Bosnia to Ithaca be honored, said funds being derived from the Unrestricted Contingency fund. Extensive discussion followed on the floor with Mayor Cohen and Alderperson Blumenthal speaking in opposition of the expenditure of taxpayer monies for this endeavor, as they believe that the funds should be spent on local youth. Mayor Cohen stated that he would personally donate the $250. for this worthy cause. Alderperson Marcham expressed concern regarding supporting one group of youths in their service efforts, and not all of the others. Alderpersons Shenk, Efroymson, Sams, Mackesey, and Hanna spoke in support of the resolution as they believe that the whole community will benefit from the relationship these youths have formed with the Bosnian children. A vote on the Resolution resulted as follows: Ayes (8) Shenk, Mackesey, Sams, Efroymson, Hanna Marcham, Gray, Thorpe Nays (1) Blumenthal Carried BUDGET AND ADMINISTRATION COMMITTEE: Alderperson Marcham requested that Item 16.8 be moved forward on the agenda. 16.8 Common Council - Southside Community Center Project Revision By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, planning for the CDBG renovation project for the Southside Community Center is nearly complete, with construction expected to begin next month, and WHEREAS, the project engineer estimated the annual operating cost of the proposed air conditioning system to be $10,200 and this is a large expense for using the system, and WHEREAS, the new heating and ventilation system for the gym addition will have an economizer cycle which provides full ventilation of the gym and addition during the summer months, and WHEREAS, the electrical capacity and roof support will be provided so that this ventilation system can have air conditioning added by placing a condensing unit on the roof in the future for a capital cost of about $15,000, and WHEREAS, the construction budget for the entire project is constrained and the $15,000 of capital cost for the condenser unit could go to other tangible improvements at the center, and May 7, 1997 10 WHEREAS, the economizer cycle can be tried at least through the summer of 1998 to see how the new ventilation system works before investing in the air conditioning condensing unit; now, therefore, be it RESOLVED, That the Common Council recommends against installing the air conditioner condensing unit until such time that the demand for air conditioning is established, and Common Council agrees to fund the operating costs. Discussion followed on the floor regarding the ventilation system and other alternatives. Alderperson Mackesey requested that the Controller’s office work with NYSEG to inquire about discounted energy rates. Alderpersons Thorpe and Sams suggested that this matter be referred to the Community Issues Committee for continuing discussion. A vote on the Resolution resulted as follows: Carried Unanimously 16.1 Commons Coordinator - Conceptual Approval of B.I.D. Request to Allow Tables and Chairs on Commons By Alderperson Marcham: Seconded by Alderperson Efroymson WHEREAS, Common Council supports the efforts of the Downtown Ithaca Business Improvement District to strengthen the economic viability of the business district, and WHEREAS, in an effort to work toward that goal, the Business Improvement District Board of Directors has proposed an increase in Commons dining space with the addition of tables and chairs maintained by local merchants; now, therefore, be it RESOLVED, That Common Council endorses the Business Improvement District’s increase in Commons seating with the understanding that the tables and chairs will be available on a first-come first- served basis. Extensive discussion followed on the floor regarding sanctioned hours, Commons permits, and police enforcement. Mack Travis, BID Board of Directors, and Joshua Mendell, Commons Coordinator Office, informed Council of the discussions that have been held by the Commons Advisory Board and Business Improvement District (BID) Committees, and noted that both committees support the sanctioned use hours. Substitute Resolution By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That the following Resolution be substituted for the original Resolution: WHEREAS, Common Council supports the efforts of the Downtown Ithaca Business Improvement District to strengthen the economic viability of the business district, and WHEREAS, in an effort to work toward that goal, the Business Improvement District Board of Directors has proposed an increase in Commons dining space with the addition of tables and chairs purchased and maintained by local merchants, and WHEREAS, there has been expressed concern that seating be available on a first-come, first served basis, and May 7, 1997 11 WHEREAS, the Commons Advisory Board has taken this under consideration, and WHEREAS, the Commons Advisory Board and the Board of Public Works has, following discussion with the Business Improvement District, recommended that participating restaurants be permitted to maintain sanctioned dining hours for their customer use, 11:30 am to 1:30 pm and 5:30 pm to 9:30 pm, with all other hours available for general public use; now, therefore, be it RESOLVED, That Common Council endorses the Business Improvement District’s increase in Commons seating on a trial basis for the 1997 summer season. Ayes (7) Shenk, Efroymson, Blumenthal, Hanna, Marcham, Thorpe, Gray Nays (2) Sams, Mackesey Carried Amending Resolution By Alderperson Thorpe: Seconded by Alderperson Efroymson RESOLVED, That the following additional Resolved clause be added to end of the Resolution: “RESOLVED, That the Ithaca Police Department will not forcibly remove any person from this seating for the sole reason of failing to abide by the restricted hours.” Upon further discussion, Alderpersons Thorpe and Efroymson withdrew their amendment. Main Motion as Amended A vote on the Main Motion/Substitute Resolution resulted as follows: Ayes (7) Shenk, Efroymson, Blumenthal, Hanna, Marcham, Thorpe, Gray Nays (2) Sams, Mackesey Carried RECESS: Common Council adjourned into recess at 9:50 pm. RECONVENE: Common Council reconvened into Regular Session at 10:15 pm. 16.2 Commons Coordinator - Request Approval of Elevator Contract with Center Ithaca By Alderperson Marcham: Seconded by Alderperson Mackesey WHEREAS, the Center Ithaca elevator is currently in operation 42% of the time due to time restrictions of Center Ithaca operating hours, and WHEREAS, there is a need to operate the elevator 24 hours a day to allow service to the Green Street Parking Garage, and WHEREAS, it has been estimated that the additional hours to bring the elevator up to 24 hour operation would cost $8,345 annually, and WHEREAS, the additional hours of operation are at a lower usage rate, therefore, Center Ithaca has offered to operate the elevator 24 hours at a cost to the City of $6,000 annually; now, therefore, be it May 7, 1997 12 RESOLVED, That the Mayor be authorized to enter into an agreement with TSD Associates, Center Ithaca, to operate the Center Ithaca elevator 24 hours at an annual cost not to exceed $6,000, and be it further RESOLVED, That an amount not to exceed $4,000 be transferred from Account A1990 Unrestricted Contingency to Account A5653-5435 for the purpose of operating the Center Ithaca elevator 24 hours for the remainder of 1997, and be it further RESOLVED, That wording be incorporated into said agreement to include the repair of the elevator to operate in cold weather. Carried Unanimously 16.3 DPW - Request to Amend Authorized Equipment List By Alderperson Marcham: Seconded by Alderperson Thorpe WHEREAS, the Assistant Superintendent has reviewed the 1997 Capitalized equipment list approved with the 1997 Final Budget, and WHEREAS, an error in the equipment request was uncovered in which a tractor with a replacement cost of $14,000 was scheduled for replacement because it appeared on the equipment list as a 1987 model rather than its actual date of 1992, and WHEREAS, the department would like to substitute another piece of equipment that was dropped from the 1997 equipment requests during the budget review process; now, therefore, be it RESOLVED, That the Department of Public Works Authorized Equipment List be amended as follows: Delete C.P. #335 John Deere Tractor $14,000 Add C.P. #335 Sign Lettering Machine $14,000 and be it further RESOLVED, That the appropriate adjustments be made to the 1997 Capital Projects breakdown and the operating accounts to reflect these changes. Carried Unanimously 16.4 A Local Law to amend section C-69 of the City Charter pertaining to the powers of the Board of Public Works related to parks By Alderperson Marcham: Seconded by Alderperson Gray LOCAL LAW NO. Of the Year 1997 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. This local law is intended to clarify the powers of the Board of Public Works of the City of Ithaca to acquire land for park purposes within and outside the boundaries of the City of Ithaca Section 2. Section C-69(A) of the Ithaca City Charter entitled "Parks" shall be amended as follows: May 7, 1997 13 Sec. C-69. Parks. A. Acquisition of land for park purposes. The Board of Public Works shall have power to adopt and execute plans for the laying out, improvement and maintenance of the parks, and to provide additional parks either within or without the limits of the City of Ithaca and, for such purposes, to acquire, by gift, purchase or condemnation, lands within or without the limits of the City of Ithaca and to lay out, cultivate and improve the lands so acquired. Section 3. This Local Law shall take effect after it is filed in the office of the Secretary of State. Carried Unanimously 16.5 Planning Department - Request Amendment of Personnel Roster By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the sub-committee on Planning departmental structure has agreed on several recommendations for re-structuring the City Planning Department, including to proceed with the hiring of an Environmental/Landscape Planner, and WHEREAS, the Budget and Administration Committee has reviewed the need to hire an Environmental/Landscape Planner and is also recommending that such a position be established and hired; now, therefore, be it RESOLVED, That the 1997 Planning Department Authorized Personnel Roster be amended, effective May 8, 1997, as follows: Add: One (1) Environmental/Landscape Planner, 35 hours and be it further RESOLVED, That the position of Environmental/Landscape Planner be assigned to the CSEA Administrative Unit at Grade 19, and be it further RESOLVED, That funds needed for said hiring be derived from the following sources for the remainder of 1997, and shall not exceed the following amounts: Account A1990 Unrestricted Contingency $13,559 Account A8020-5435 4,600 $18,159 and be it further RESOLVED, That the City Controller be authorized to make necessary budget transfers to fund said hiring. Carried Unanimously 16.6 Finance/Chamberlain - Request for Reclassification of Senior Account Clerk Position By Alderperson Marcham: Seconded by Alderperson Gray RESOLVED, That the Authorized Personnel Roster in the Chamberlain's Office be amended, effective May 12, 1997, as follows: Add: One (1) Principal Account Clerk Delete: One (1) Senior Account Clerk and be it further May 7, 1997 14 RESOLVED, that the position of Principal Account Clerk be assigned to the CSEA Administrative Unit at Grade 9, and be it further RESOLVED, That Deborah Griffin be appointed to the position of Principal Account Clerk, at an annual salary of $23,140, effective May 12, 1997, and be it further RESOLVED, That an amount not to exceed, $1,714 be transferred from Account A1990 Unrestricted Contingency to Account A1315-5110 for purposes of funding said position reclassification. Carried Unanimously 16.7 Common Council - Request for Budget Process Change By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the Budget and Administration Committee has reviewed the one-month-earlier schedule for budget adoption and has asked the City Attorney to draft further City Charter revisions, mainly in the final stages of the budget process, and WHEREAS, consideration of these revisions will delay formal adoption of the new schedule until June, and WHEREAS, committee members nevertheless supported the general framework of Charter changes for earlier budget review by unanimous (9-0) vote; now, therefore, be it RESOLVED, That the Mayor should be informed of Common Council's intent to initiate the earlier budget process this year and should so inform City department heads. Carried Unanimously 16.9 City Attorney - Authorize City Attorney to File BJA Grant Application By Alderperson Marcham: Seconded by Alderperson Hanna WHEREAS, the City has the opportunity to apply for up to $150,000 in grant funds from the Department of Justice, Bureau of Justice Assistance for the legal assistance in the city's fight to shut down drug houses; now, therefore, be it RESOLVED, That the Mayor be authorized to apply for a Department of Justice, Bureau of Justice Assistance grant for the purposes of hiring outside legal assistance to concentrate on the shutdown of city drug houses. Carried Unanimously 16.10 Police Department - Funding for Police Overtime By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, various problems are encountered by the Police Department at the end of the college year, and WHEREAS, additional funds are required to provide Police Department overtime at the end of the college year; now, therefore, be it RESOLVED, That an amount not to exceed $12,860 be transferred from Police Department administrative salaries A3120-5105 to Police Department overtime A3120-5125. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: May 7, 1997 15 17.1 An Ordinance Amending Section 325-10.D.(1) “Accessory Apartment Permits - Owner Occupancy Required” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code - Declaration of No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, an Ordinance amending Section 325-10.D.(1) of the City of Ithaca Municipal Code regarding “Accessory Apartment Permits - Owner Occupancy Requirements,” of Chapter 325 has been submitted to Common Council for consideration, 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, appropriate environmental review has been conducted, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated May 5, 1997, and, be it further RESOLVED, That Common Council of the City of Ithaca 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, RESOLVED, That this Resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby 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. Carried Unanimously 17.2 An Ordinance Amending Section 325-10.D.(1) “Accessory Apartment Permits - Owner Occupancy Required” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code By Alderperson Blumenthal: Seconded by Alderperson Efroymson ORDINANCE NO. 97____ NOW 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, § 325-10.D.(10). entitled “Owner Occupancy Required” is hereby amended as follows: 325-10.D. Requirements. In order to be granted a temporary permit, the following criteria and requirements must be met: (1) Owner occupancy required. The owner(s) or contract vendee of the lot upon which the accessory apartment is located shall occupy and maintain as a legal full-time residence at least one (1) of the dwelling units on the premises, except for temporary absences not to exceed eighteen (18) months in any five-year period. Longer absences will result in revocation of the temporary permit, except by approval of the Board of Zoning Appeals. Owner-occupants must May 7, 1997 16 maintain an interest of thirty-three and one-third percent (33 1/3%) in the property. Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 17.3 An Ordinance Amending Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words” - definition of “Dwelling, Owner Occupied” - Declaration of No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Hanna WHEREAS, an Ordinance amending Section 325-3.B. of the City of Ithaca Municipal Code regarding “Specific Terms or Words” - definition of “Dwelling Owner Occupied”, of Chapter 325 has been submitted to Common Council for consideration, 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, appropriate environmental review has been conducted, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated May 5, 1997, and, be it further RESOLVED, That Common Council of the City of Ithaca 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, RESOLVED, That this Resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby 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. Carried Unanimously 17.4 An Ordinance Amending Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words” - definition of “Dwelling, Owner Occupied” By Alderperson Blumenthal: Seconded by Alderperson Gray ORDINANCE NO. 97____ NOW 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 325-3.B entitled “Specific Terms or Words” which includes the definition of “Dwelling, Owner Occupied; is hereby amended as follows: May 7, 1997 17 DWELLING, OWNER-OCCUPIED -- A building in which at least one (1) dwelling unit is occupied by at least one (1) person who holds at least thirty-three-and-one-third-percent legal interest in the property and who maintains his/her principal residence in that building. The owner(s) shall occupy and maintain as a legal, full-time residence at least one (1) of the dwelling units on the premises, except for temporary absences not to exceed eighteen (18) months in any five-year period. Longer absences will result in loss of any vested rights to use the building as an owner-occupied dwelling and will cause the property to revert to single-family status. Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter Carried Unanimously 17.5a An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331- 4 of the City of Ithaca Municipal Code Regarding Exterior Property Maintenance - Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the current Exterior Property Maintenance Ordinance was passed on May 1, 1996 with a sunset provision calling for the expiration of the Ordinance in twelve months, and WHEREAS, evidence suggests that the Ordinance has been effective in maintaining a standard of property maintenance that is instrumental in preserving the integrity and quality of the City’s neighborhoods, and WHEREAS, Common Council of the City of Ithaca will consider an ordinance that will make the Exterior Property Maintenance Ordinance a permanent City ordinance, and WHEREAS, adoptions of such an Ordinance is subject to a public hearing; now, therefore, be it RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, June 4, 1997, 7:00 p.m., and, be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least 15 (fifteen) days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed Zoning Ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered is as follows: May 7, 1997 18 ORDINANCE 97- ____ Section 1. The City of Ithaca Municipal Code is hereby amended to add to Section 325-23.B. a new Subsection 325-23.B.(2), entitled "Exterior Property Maintenance," which shall read as follows: "(2) Exterior property maintenance. (a) Declaration of Purpose. The purpose of this subsection is to provide a minimum standard for the maintenance of the exterior grounds and visible facades of all properties within the City. This ordinance is intended to help provide stable and inviting neighborhoods and business and commercial districts, and to promote public health and safety by prohibiting certain deficiencies in exterior property maintenance which create or contribute to unhealthy or hazardous conditions. This ordinance is also intended to ensure that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests. The adoption and enforcement of this subsection is intended to serve as a deterrence to substandard exterior property maintenance and as a tool for protecting property investment, the tax base, and the health, safety and welfare of all City residents. (b) Definitions. For the purposes of this subsection, the following definitions shall apply: [1] COMPOSTING MATERIALS shall mean yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural transformation into "compost" and stored in a container or compact pile that (1) contains no sewage, sludge or septage; (2) contains no inorganic materials, such as metal, plastic or glass; and (3) is maintained in a manner to minimize odors and the attraction of insect and animal pests. [2] GARBAGE shall mean food wastes, food wrappers, containers, non-recyclables or other materials resulting from the use, consumption, and preparation of food or drink, as well as other expended, used or discarded materials, such as paper, plastic, metal, rags, or glass, etc., or any other wastes generated from the day-to-day activities of a household, business, or public or quasi-public facility. The term garbage does not include properly prepared and stored recyclable materials or properly maintained compost areas. [3] The terms GROUNDS and EXTERIOR PROPERTY shall mean any area of a building or lot, excluding PORCH AREAS, not enclosed within the walls of a building. These terms include any public rights-of-way which pass through or are adjacent to a property, including the sidewalk and any area between the sidewalk, if there is one, and the street pavement. [4] The term PORCH AREA shall include any open and/or partially enclosed porches or decks, as well as any entranceways or exitways which are in the PUBLIC VIEW. May 7, 1997 19 [5] The term PUBLIC VIEW shall mean areas of any property that are visible by pedestrian or vehicular traffic in the public right-of-way or visible from the exterior ground level of adjoining properties or properties within 100 feet of the subject property. [6] The term SOLID WASTE shall include materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the owners at the time of such discard or rejection, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded motor vehicles, discarded household and commercial appliances, and discarded furniture. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under circumstances which meet any of the following criteria: [a] The object produces an offensive smell; [b] The object is of a type designed for interior use or made of materials which are suitable only for interior use and the object is left outside and exposed to precipitation; [c] The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to render the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose; [d] The object is left, placed or stored in a manner which appears likely to cause injuries. (c) Standards for Grounds and Exterior Property. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure: [1] that all grounds and exterior property are kept clean and free of solid waste. [2] that all garbage, when stored outside, is completely contained in nonabsorbent, water-tight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal site. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. [3] that solid waste, other than garbage stored in proper containers described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than thirty (30) days. Reusable household discards may be placed at curbside on special "Scavenger" days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two (2) successive days. May 7, 1997 20 [4] that, within all residential zoning districts no more than one (1) unlicensed motor vehicle may be stored in the public view in a side or a rear yard. If there is no side or rear yard, one unlicensed motor vehicle may be stored in the front yard in compliance with Section 325-20. However, this section shall not apply to a motor vehicle which constitutes "solid waste" as defined in Section 1(2)(b)[6] above. [5] that grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of vegetation is limited to nine (9) inches, except for trees, bushes and other vegetation planted, maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an ornamental or useful purpose. [6] that the area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, is maintained in a reasonably clean and sanitary condition free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed in compliance with Section 325-23.B.(2)(c)[5] above. The planting of annuals and perennials in these sidewalk areas shall be allowed, but the planting of trees or shrubs in these areas shall not be permitted without the approval of the Superintendent of Public Works. Premises situated at street intersections or on curved streets shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve. [7] that trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of pedestrians on sidewalks. The maintenance of city trees, including trees between the sidewalk and curb, must be left to the Department of Public Works. [8] that fences and walls are maintained in a safe and structurally sound condition. [9] that steps, walks, driveways, parking spaces and other similar paved areas are maintained so as to afford safe passage under normal use and weather conditions. [10] that sidewalks are kept substantially clear of snow, ice and other obstructions, including but not limited to free flowing water from drains, ditches, and/or downspouts located on the property except during flooding. All sidewalks, ramps and curb cuts shall be cleared of such obstructions within twenty four (24) hours of when the obstruction initially occurs. For properties that abut the intersection of two (2) streets, the sidewalks that must be kept substantially clear of snow, ice and other obstructions shall include that portion of the sidewalk which runs to the curbline of any street and shall include any access ramps therein. (See Section 285-5.) The obstruction of sidewalks and access ramps is presumed to have commenced concurrently with the beginning of any snow or ice fall or storm. (d) Standards for Porch Areas. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure: May 7, 1997 21 [1] That porch areas are kept free of garbage, unless stored and completely contained in durable, nonabsorbent, water-tight containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. [2] That construction and demolition debris be located on porch areas for no longer than thirty (30) days. (e) Responsibilities of agents delegated by property owners. The responsibilities outlined in Section 325-23.B.(2)(c) may be delegated to an agent by the property owner, so long as at the time of any violation of this ordinance, an agency agreement is on file in the City Building Department which contains the following information: the identity of the owner and the agent, the owner's and agent's addresses and current phone numbers, the property or properties the agent is accepting responsibility for, the beginning and ending date of the agreement, the exact sections of this Code assigned to the agent, and the signatures of both the property owner and agent, along with each party's date of birth. The agent must be a resident of or maintain an office for the transaction of business in Tompkins County. Post office boxes will not be accepted as addresses for agents. Section 2. Current Municipal Code Section 325-23.B.(2) and Section 325-23.B.(3) shall be renumbered respectively as Section 325-23.B.(3) and Section 325-23.B.(4), and the first sentence of the newly renumbered Section 325-23.B.(3) shall be amended to read as follows, without changes to the subsequent sentences: "In any case in which the City intends to correct a violation of Sections 325-23.B(1) or 325-23.B.(2) and then bill the property owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property, and, where relevant, the registered agent who has assumed responsibility as outlined in Section 325-23.B (2)(e) of this Code, in writing, of any violation of this section." Section 3. The following language shall be added to the end of Municipal Code Section 325-47, entitled "Penalties for offenses": "C. Violations of Section 325-23.B.(2) shall be punishable in accordance with Section 1-1 of this Code." Section 4. Current Municipal Code Section 1-1.B. shall be amended to read as follows: "B. Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be: not more than forty dollars ($40) nor less than twenty dollars ($20) for a first offense at the same property; not more than sixty dollars ($60) nor less than thirty dollars ($30) for a second offense at the same property; and not more than one hundred dollars ($100) nor less than fifty dollars ($50) for a third offense at the same property, if a conviction for such offense occurs within the same twelve-month period. Each day on which the condition exists may be charged and shall be considered as a separate offense. CODE SECTION May 7, 1997 22 196-5 (Uncollected garbage) 210-35 (Open areas) 210-36.C. (Accessory structures) 210-38 (Garbage and refuse) 272-4.D. (Mobile signs) 272-4.E. (Banners and pennants) 285-5 (Sidewalks) 325-20.A.(5) (Front yard parking) 325-23.B.(1) (Yard maintenance) 325-23.B.(2) (Exterior property maintenance) Section 5. Current Municipal Code Section 331-4 shall be amended to read as follows: "Section 331-4 Prohibited actions. No person shall throw, cast, drop, put or place, or having accidentally dropped, fail to pick up, any bag, bottle, bottle cap, box, container, garbage, paper, piece of paper, wrapper or any other trash or litter in or upon any public or private park or outdoor place, except in receptacles provided for such purposes." Section 6. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Approval of Outdoor Dining Deck for Station Restaurant By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the owners of the Station Restaurant have requested the use of city park land adjacent to the Station Restaurant for the construction of an outdoor dining deck attached to the restaurant, and WHEREAS, although this land is owned by the City, it is designated parkland by virtue of federal funds used to acquire the property and therefore use of this property, until the alienation and conversion of Inlet Island park land is complete, requires the approval of the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, as indicated on the site plan, the area in question is only 850 sf, (approximately 17ft x 50ft from the building), and does not appear to present an incompatible use or intrusion into this area, and WHEREAS, the proposed deck creates an opportunity to expand the market supporting the Station Restaurant, a recognized Ithaca landmark and anchor business for Inlet Island and the West End; now, therefore be it May 7, 1997 23 RESOLVED, That the City of Ithaca Common Council supports, in concept, the use of parkland adjacent to the Station Restaurant for an outdoor dining deck as shown on the site plan, and, be it further RESOLVED, That should the Office of State Parks, Recreation and Historic Preservation approve this proposed use of parkland, final approval by the City will be subject to positive recommendations by the Parks Commission and Board of Public Works. Carried Unanimously 17.7 Economic Development Plan - Report Alderperson Blumenthal reported that a sub-committee of the Planning and Economic Development Committee met to discuss the hiring of Tom Niederkorn to prepare an Economic Development Plan for the City. The committee discussed the need for coordination with the Tompkins County Board of Representatives’ effort to prepare a strategic plan for economic development in the County, but also identified the City’s individual needs. The sub- committee could not agree on a recommendation to bring forth to Council. This subject will be brought back to the Planning and Economic Development Committee for further discussion, and Barbara Blanchard, Chair of the County’s Economic Development Committee is scheduled to be present to explain the County’s proposed work plan. 17.8 Planning Department Re-Organization Plan Alderperson Blumenthal reported that upon the approval of a sub- committee of the Planning and Economic Development Committee, the overall structure of the Planning Department will be as follows: Planning Director Director or Deputy Director for Economic Development Historic Preservation/Neighborhood Planner Environmental/Landscape Planner Economic Development Planner Planning Systems Manager Discussion regarding the Economic Development Director will follow discussions regarding the hiring of an Economic Development Planner. Budget related discussion will be held in the near future. The topic of the hiring of an Assistant to the Planning Systems Manager has been referred to the Budget & Administration Committee for discussion, as this position includes performing work in consultation with many departments. 17.9 Special Common Council Meeting By Alderperson Mackesey: Seconded by Alderperson Shenk RESOLVED, That Common will hold a Special Common Council meeting on May 21, 1997, at 7:30 p.m., at City Hall, 108 E. Green Street, Ithaca, New York, for the purpose of holding a Public Hearing, and considering a Resolution regarding the disbursement of the second year monies of the CDBG program, as well as consideration of other items. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:15 p.m. May 7, 1997 24 Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor