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HomeMy WebLinkAboutMN-CC-2000-07-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 July 5, 2000 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Spielho1z, Taylor, Hershey OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Schwab City Controller - Cafferillo Deputy Controller - Thayer Planning and Development Director - Van Cort Human Resources Director - Michell-Nunn Fire Chief - Wilbur PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Resolution By Alderperson Manos: Seconded by Alderperson Vaughan RESOLVED, That the minutes of the June 7, 2000 and June 14, 2000 Special Common Council meetings be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Vaughan requested the addition of Item 18.5 – Designation of Acting City Chamberlain – Resolution. Neighborhood and Community Issues Committee Alderperson Taylor requested the deletion of Item 19.1 – Snow Removal and Deicing of Streets – Resolution. Special Order of Business Alderperson Manos requested the addition of Item 5.2 – Presentation of City Employee Quarterly Recognition Awards. Planning and Economic Development Committee Alderperson Blumenthal requested the addition of Items 20.7 Report from the Public Art and Design Committee; and 20.8 Creation of Capital Project for Renovations to Common Council Chambers – Discussion. No Council members objected. SPECIAL ORDER OF BUSINESS: Presentation of 1999 Annual Board of Fire Commissioners Award Robert Romanowski, Chair of the Board of Fire Commissioners and Fire Chief Brian Wilbur presented the 1999-2000 Board of Fire Commissioners Exceptionally Meritorious Service Award to Assistant Fire Chief Guy Van Benschoten. Fire Chief Wibur noted Guy’s work in the development and management of the City of Ithaca Disaster Plan, and his involvement in the development of a comprehensive Tompkins County Emergency Disaster Plan. Assistant Chief Van Benschoten was also recognized for the coordination of the July 5, 2000 2 Integrated Emergency Management Course in Emmitsburg, Maryland which consisted of approximately 75 representatives of the private sector, public sector, and emergency response agencies in Tompkins County. Presentation of City of Ithaca Quarterly Recognition Awards Mayor Cohen and Alderperson Paulette Manos presented the City of Ithaca Quarterly Employee Recognition Awards to the Building Department Employees and Laleh Archin. The Quarterly Recognition Awards are presented to individual employees or cross functional teams that demonstrate initiative and extra effort in accomplishing a task or project in a quality manner, and/or who exhibit sensitivity, respects differences, and appreciates others within the workforce and the community. The Building Department employees were nominated by Acting Building Commissioner Phyllis Radke and Assistant City Attorney Patricia Dunn for their outstanding dedication and job performance through the challenges of staff shortages, huge workloads, and negative publicity. Despite the adversity, the staff of the Ithaca Building Department gives 110% to the job each and every day, and keeps public service their number one priority. Laleh Archin, a GIAC employee, was nominated by Travis Brooks and Marcia Fort, Director of GIAC for her involvement with the Ithaca City Basketball League. Laleh was instrumental in the success of the basketball league which is a new collaborative initiative between several community agencies, City departments, the Ithaca City School District and local businesses. The league was developed to give teenagers a place to be involved in positive activities on Friday and Saturday nights. Laleh is enthusiastic, dedicated, and a positive role model for teens and adults alike. Laleh exemplifies all the qualities the City looks for in its employees. Runner-Up Recipients include: The Youth Bureau Recreation Mainstreaming Services Team: Joannie Groome, Dan Schappi, Sharon McPherson, Kristin Letourneau, Courtney Glenn Karen Anderson, Youth Bureau Cass Park Staff: John Doyle, Susie Thomas, John Sladich, Don Lovelace, Myron Thompson, Tom Personius PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca addressed Common Council in opposition of the possible transfer of festival lands to New York State Parks. The following people spoke in favor of the proposed changes to off-street parking regulations in the Collegetown area: Jane Marcham, City of Ithaca Ellen McCollister, City of Ithaca Joel Savishinsky, City of Ithaca Mary Raddant Tomlan, City of Ithaca John Simon, City of Ithaca addressed Council regarding the 200 block of Cleveland Avenue and the possible demolition of additional buildings. Stephanie Vaughn, City of Ithaca addressed Council regarding the proposed tax abatement program, and Cleveland Avenue. Joel Harlan, Town of Dryden, addressed Council regarding Collegetown traffic congestion and development. July 5, 2000 3 Stan Bowman, addressed Council regarding the possible removal of the sculptures on the Route 96 bridge. Betsy Darlington, City of Ithaca, distributed photographs for Council’s review of the forest in the Southwest Park area. The following City of Ithaca employees addressed Council to introduce themselves, describe their job duties, and speak about the lack of a CSEA Administrative Unit Contract and low staff salaries: Carol Wilson, Youth Bureau, read a letter written by Joanie Groome, Youth Bureau employee Shawn May, GIAC Loretta Rumsey, Police Department Sue Kittel, Department of Public Works Liz Vance, Youth Bureau John Coggin, Department of Public Works Fay Gougakis, City of Ithaca, addressed Council regarding the termination of Building Commissioner Richard Eckstrom. Cynthia Yahn, City of Ithaca, addressed Council in support of the proposed tax abatement program, but expressed concerns regarding the provision of investigation of other local properties owned by the applicant. RESPONSE TO THE PUBLIC: Alderpersons Manos, Pryor and Sams thanked the City employees for addressing their concerns to Common Council. Alderpersons Blumenthal and Hershey responded to comments made regarding the proposed tax abatement program and potential Southwest Park developers. Alderperson Sams responded to comments made about the Cleveland Avenue area and the idea of a handicapped accessible trail through Southwest Park. Alderperson Glasstetter responded to comments made about Collegetown Parking. Mayor Cohen thanked the City employees for coming to speak and stated that the City is working hard to address pay equity issues. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams reported that Common Council has received a Certificate of Appreciation for the contributions made to Safe Night 2000. Alderperson Manos reported that Public Hearings will be held on the topic of the traffic diverters on South Street, Wood Street and Titus Avenue on Wednesday, July 12, 2000 at 4:30 p.m. in Common Council Chambers, and Thursday, July 13, 2000 at 5:00 p.m. at Titus Towers. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Ithaca Landmarks Preservation Commission Mary Tomlan reported that the ILPC supports the proposed legislation regarding slate sidewalks in historic districts. Ms. Tomlan thanked the Mayor, members of City staff, the Planning and July 5, 2000 4 Economic Development Committee, and the Board of Public Works for their work, and support of this issue. Board of Fire Commissioners Cynthia Yahn reported that bids have been opened for the sale of Fire Station #7 and have been forwarded to the City Attorney’s Office for review. The Board of Fire Commissioners will discuss the bids at their next scheduled meeting. REPORT OF THE CITY CLERK: City Clerk Conley Holcomb reported that PC Codebook, an electronic version of the City of Ithaca Municipal Code has been posted on the City’s Web Page, www.ci.ithaca.ny.us. Minute Manager, a full minute text retrieval software program, similar to PC Codebook, has been received in the Clerk’s office and will be posted on the Web in the near future. Minute Manager has minutes from the Board of Public Works and Common Council from 1992 – present. REPORT OF THE CITY ATTORNEY: Mayor Cohen introduced and welcomed the new City Attorney, Norma Schwab. CONSENT AGENDA ITEMS: 16.1 Authorization to Amend Personnel Roster By Alderperson Pryor: Seconded by Alderperson Taylor WHEREAS, Paige Rumsey has requested that her position be changed from a 40 hour/week position to a 35 hour/week position for the period 6/17/2000 through 6/17/2001, to accommodate her personal needs, and WHEREAS, the Water and Sewer Division is able to accommodate her request; now, therefore, be it RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended for the period 6/17/2000 through 6/17/2001 as follows: Delete: Senior Account Clerk (40 hours) Add: Senior Account Clerk (35 hours) and be it further RESOLVED, That Paige Rumsey shall remain eligible for full-time retirement system consistent with the benefit provided to all other 35 hours/week employees. Carried Unanimously 16.2 Request to Amend Planning Department Personnel Roster By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That Common Council hereby amends the Planning Department Personnel Roster as follows: Delete: One (1) Environmental and Landscape Planner Add: One (1) Senior Environmental and Landscape Planner and, be it further RESOLVED, That the position of Senior Environmental and Landscape Planner be assigned to the CSEA Administrative Unit at Grade 20, in accordance with the CSEA Administrative Unit Point Factor Plan. Carried Unanimously July 5, 2000 5 16.3 Request To Amend City Attorney’s Office Personnel Roster By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That Common Council authorizes the amendment of the City Attorney’s authorized personnel roster as follows: Delete: Confidential Secretary to the City Attorney (35 hours) Add: Confidential Secretary to the City Attorney (40 hours) and be it further RESOLVED, That there are no additional funds required to make this adjustment. Carried Unanimously 18.5 Chamberlain – Authorize Mayor to Sign City/County Tax Foreclosure Auction Contract By Alderperson Pryor: Seconded by Alderperson Taylor WHEREAS, the City has recently foreclosed its delinquent tax lines on property within the City of Ithaca pursuant to NYS Real Property Tax Law Article 11, and WHEREAS, Tompkins County also holds enforceable delinquent tax liens on these properties, and WHEREAS, the City and the county have recently agreed to cooperatively foreclose and sell delinquent tax properties, and to share any proceeds from such sale on a pro-rata basis, and WHEREAS, Tompkins County has requested and received bids from auction companies to conduct the sale of such properties, and WHEREAS, the City Chamberlain has participated in the evaluation of these bids, and WHEREAS, Reynolds Auction Company of Newark, New York was the lowest qualified bidder at 6% of gross sale proceeds; now, therefore, be it RESOLVED, That the Mayor is authorized to sign a contract with Reynolds Auction Company for the sale of tax delinquent properties for which the City holds title. Carried Unanimously 18.5 Chamberlain – Request Authorization to Update Safe Deposit Box Lease By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That Debra Parsons, as City Chamberlain, is authorized to enter into contracts to lease safe deposit boxes in the name of the City of Ithaca at Tompkins County Trust Company, and be it further RESOLVED, That Dominick Cafferillo, Steven Thayer, Debra Parsons, and Joyce Day are authorized to access safe deposit boxes so leased at Tompkins County Trust Company. Carried Unanimously 18.6 Youth Bureau – Request to Amend Youth Development Budget By Alderperson Pryor: Seconded by Alderperson Taylor July 5, 2000 6 WHEREAS, the Ithaca Youth Bureau has been notified by the Newfield Central School District that the Youth Bureau will be receiving $1,593 in funding for a new Summer Outing Program, and WHEREAS, the additional funding will allow the Youth Bureau’s Outing Program to offer additional services to Newfield teens during the summer of 2000; now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 Youth Development Authorized budget, for the additional funding from the Newfield Central School District, to expand the Outing Program as follows: Increase Revenue Account: A7310-2350-1221 Youth Services $1,593.00 Increase Appropriation Accounts: A7310-5225-1221 Equipment Outing Program $1,299.00 A7310-5460-1221 Program Supplies Outing 294.00 Carried Unanimously 18.7 Youth Bureau – Request to Amend Youth Development Budget By Alderperson Pryor: Seconded by Alderperson Taylor WHEREAS, the Ithaca Youth Bureau has been notified by the Ithaca City School District that the Youth Bureau will be receiving $2,200 in funding to support and expand the work with the Beverly J. Martin (BJM) Elementary School, and WHEREAS, the funds, which are derived from a Federal Twenty First Century Grant, will enable the Youth Bureau to provide a Summer Science Program at BJM during the summer of 2000; now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 Youth Development Authorized budget, for the additional funding from the Ithaca City School District to provide a Summer Science Program at BJM, as follows: Increase Revenue Account: A7310-3820-1203 State Aid Youth $2,200 Increase Appropriation Accounts: A7310-5120-1203 P/T $1,800 A7310-5460-1203 Program Supplies 265 A7310-9030-1203 Social Security/Medicare 135 Carried Unanimously REGULAR AGENDA ITEMS: 17. Human Resources Committee: 17.1 Request to Hire Director of Information Technology - By Alderperson Manos: Seconded by Alderperson Sams WHEREAS, Common Council approved the creation of a Department of Information Technology in the 2000 budget and authorized the hiring of a Director, and WHEREAS, a nationwide search has been conducted; now, therefore, be it RESOLVED, That Duane Twardokus be and hereby is provisionally appointed to the position of Director of Information Technology, effective July 17, 2000 at an annual salary of $65,000, and be it further RESOLVED, That Common Council authorizes up to $1,200 for moving expenses, and, be it further July 5, 2000 7 RESOLVED, That the position of Director of Information Technology be designated as a managerial position pursuant to Section 201.7(a) of the New York State Civil Service Law. Carried Unanimously Alderperson Manos thanked the Search Committee for their time during the hiring process, and Alderperson Vaughan for all of her work with this department over the past year. 17.2 Request to Adjust Starting Salaries for Deputy Police Chiefs By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, in 1999 Common Council authorized the hiring of two new deputy police chiefs, and WHEREAS, at the time the Police Chief requested to hire the individuals outside of the hiring range, and WHEREAS, also at that time Common Council had contracted with Total Compensation Services to conduct a salary study for managerial compensation and decided not to act on the request until the new system was adopted, and WHEREAS, the starting salary requested by the Police Chief does fall within the new hire salary range; now, therefore, be it RESOLVED, That the starting salary for Deputy Police Chief Glenn Sharshon and Lauren Signer be adjusted to $65,000 retroactive to their respective hire dates, and, be it further RESOLVED, That the Deputy Police Chiefs 2% annual increase is applied to the new starting salary effective January 1, 2000. Ayes (8) Manos, Pryor, Farrell, Vaughan, Blumenthal, Spielholz, Glasstetter, Hershey Nays (1) Taylor Abstention (1) Sams (perceived conflict of interest) Carried 18.5 Attorneys Office – Personnel Item – Executive Session By Alderperson Manos: Seconded by Alderperson Farrell RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of a particular employee and the retirement of that employee. Common Council will seek advice of legal counsel pertaining to an agreement, this discussion is covered by Attorney/Client privilege. Carried Unanimously Reconvene: Common Council reconvened into Regular Session at 8:25 pm with no action taken. Resolution: By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, Common Council has approved an agreement pertaining to the separation of an employee; now, therefore, be it RESOLVED, That the sum of $25,267.50 be transferred from budget line A3620-5110 to budget line A1420-5435 to implement the terms of the agreement. Ayes (9) Manos, Pryor, Sams, Farrell, Blumenthal, Vaughan, Spielholz, Taylor, Hershey Nays (0) Abstentions (1) Glasstetter Carried July 5, 2000 8 18 BUDGET AND ADMINISTRATION COMMITTEE: 18.1 GIAC – Request for Funds for Police Overtime for GIAC’s Summer Basketball League By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the Greater Ithaca Activities Center coordinates the City of Ithaca Summer Basketball Leagues, and WHEREAS, the leagues are very popular community events, which draw large numbers of spectators, and WHEREAS, there is a need to ensure the safety of staff, participants, and spectators, and WHEREAS, the Ithaca Police Department is committed to having officers assigned to the league games, and WHEREAS, an additional $4,000 is needed to cover the cost of the officers’ dedicated presence at the games; now, therefore, be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $4,000 be transferred from account A1990 Unrestricted Contingency to account A3120-5125 Police Overtime for the purpose of covering the overtime for officers assigned to the games. Ayes (9) Manos, Sams, Farrell, Blumenthal, Farrell, Blumenthal, Vaughan, Glasstetter, Spielholz, Taylor, Hershey Nays (0) Abstentions (1) Pryor Carried 18.2 Controller – Request to Amend Computer Project for Server Acquisition By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City server that houses the MUNIS financial software is now six years old and beginning to slow down the City’s financial system due to the server’s lack of speed, and WHEREAS, City staff in conjunction with The Computing Center and other computer consultants have determined that a new server and operating system is needed at an estimated cost of $20,000, and WHEREAS, the recommended new server will improve the City’s Financial System speed, size and overall efficiency; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #211 by an amount not to exceed $20,000 for a total 2000 authorization of $133,000 for the purposes of said server acquisition for the City’s financial accounting package, and be it further RESOLVED, That said funds shall be derived from the issuance of Serial Bonds. Carried Unanimously 18.5 Fire Department/Controller – Request to Extend City/Town Fire Contract By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, in 1995 the City of Ithaca and Town of Ithaca entered into a fire protection contract, for the provision of fire and emergency medical services for a portion of the Town, and July 5, 2000 9 WHEREAS, the fire protection contract expired on December 31, 1999, and WHEREAS, the provisions of said contract have continued in force, at the 1999 payment level, while negotiations on the terms and conditions of a new five-year contract have progressed; now, therefore, be it RESOLVED, That the terms and conditions of the existing contract be extended through December 31, 2000. Carried Unanimously 18.4 DPW – Request to Increase Authorization for Giles Street Bridge Project By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, Common Council, at its special meeting of March 17, 1999, approved the Giles Street Bridge project in the amount of $857,000, and WHEREAS, the project was eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration, that allows for the apportionment of the project costs to be borne at the ratio of 80% Federal funds, 15% State funds and 5% City funds, and WHEREAS, the Giles Street Bridge Project has been bid and DOT approved at a total costs of $1,080,000, and WHEREAS, the City’s total cost of said project after Federal and State reimbursement shall be approximately $54,000; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #265 Giles Street Bridge Rehabilitation by an amount not to exceed $223,000 for a total project authorization of $1,080,000, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost to the City will be approximately five percent (5%) of the final approved project cost not to exceed $54,000 in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That said funds needed for the amendment shall be derived from the issuance of Serial Bonds, with pay-down of bonds from the reimbursement of said Federal and State funds, and be it further RESOLVED, That the Mayor be authorized to sign all necessary agreements with the New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca, and the Superintendent be authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests. Carried Unanimously 18.5 Chamberlain – Request for Salary Adjustment for Acting Chamberlain By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, City Chamberlain Debra Parsons will be on vacation for a period of three weeks, from July 17 to August 4, 2000, and WHEREAS, the CSEA Administrative Unit Contract provides for either an 8% salary increase, or the minimum salary of the assumed position for an out-of-title assignment; now, therefore, be it July 5, 2000 10 RESOLVED, That Joyce Day, currently the Office Manager in the Chamberlain’s Office be temporarily appointed to the position of Acting City Chamberlain for a period of two weeks, at an annual salary of $43,786, and, be it further RESOLVED, That Deborah Griffin, currently the Principal Account Clerk in the Chamberlain’s Office be temporarily appointed to the position of Acting City Chamberlain for a period of one week, at an annual salary of $43,786, and, be it further RESOLVED, That the funds necessary for said temporary amendment shall be derived within the existing 2000 City Chamberlain budget. Carried Unanimously NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE: 19.1 Snow Removal and Deicing of Streets This item was deleted from the agenda. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 An Ordinance Amending Sections 325-4 and 325-5 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding increasing the parking requirement the R-3 zones (Residential) and the B-2 zones, (Business) in certain areas in and around Collegetown to one parking space for every two resident occupants as applicable to the "Collegetown Parking Overlay Zone," (CPOZ) -- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That Ordinance No. 00-___ entitled "AN ORDINANCE TO AMEND THE MUNICIPAL CODE AND THE OFFICIAL ZONING MAP OF THE CITY OF ITHACA, NEW YORK, CHAPTER 325 ENTITLED 'ZONING,' TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA IN AND AROUND COLLEGETOWN AND TO ESTABLISH AN OVERLAY ZONE WITH APPROPRIATE DISTRICT REGULATIONS," regarding increasing the parking requirement in the R-3 (Residential) zones, and the B-2 (Business) zones, in certain areas in and around Collegetown to one parking space for every two resident occupants as applicable to the Collegetown Parking Overlay Zone, (CPOZ) is hereby introduced before the Common Council of the City of Ithaca, NY, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on Wednesday, August 2, 2000, 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 fifteen (15) 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 shall be as follows: ORDINANCE NO. - ____ July 5, 2000 11 AN ORDINANCE TO AMEND THE MUNICIPAL CODE AND THE OFFICAL ZONING MAP OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA IN AND AROUND COLLEGETOWN AND TO AMEND THE DISTRICT REGULATIONS FOR REQUIRED OFF-STREET PARKING. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca be amended to create a new overlay zone to be known as the Collegetown Parking Overlay Zone, (CPOZ) Section 1. Declaration of Legislative Findings and Purpose The Common Council finds that this Ordinance: 1. Will more adequately address the parking demand of residents and business employees as identified in the Collegetown Parking Study completed in the summer of 2000. 2. Will anticipate future parking needs, and, in combination with other remedies, do so in a manner that will allow development to continue and that will protect and improve the visual character of surrounding neighborhoods. Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca is hereby amended to create an overlay zone in areas in and around Collegetown to be entitled Collegetown Parking Overlay Zone, (CPOZ), boundaries of which are shown on the attached map. Section 3. Section 325-8A(4) of the Municipal Code of the City of Ithaca is hereby amended as follows to change the required number of parking spaces for the R-3a and R-3b zones (Residential), and the B-2a and B-2b zones (Business), and in the new CPOZ as follows: Collegetown Parking Overlay Zone - CPOZ - R-3, (R-3a and R-3b) Off-Street Parking Requirements 1. Residence: 1 space for every 2 persons housed 2. Rooming or Boarding House: 1 space for every 2 persons housed 3. Tourist Home: 1 space per bedroom 4. Fraternity, sorority, group house, cooperative household: 1 space for every 2 persons housed 5. Dormitory: 1 space for every 2 persons housed 6. All other permitted uses: Same as listed in Section 325-8, District Regulations Chart Collegetown Parking Overlay Zone - CPOZ - B-2a Off-Street Parking Requirements 1. Residential uses: Same as B-1a (i.e., same as R-3) 2. All other permitted uses: Same as listed in Section 325- 8, District Regulations Chart. Collegetown Parking Overlay Zone - CPOZ - B-2b Off-Street Parking Requirements 1. Residential uses: Same as B-2a 2. All other permitted uses: Same as listed in Section 325-8, District Regulations Chart. Section 4. Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled "Off-Street Parking" is hereby amended to add a new subsection to be known as subdivision (-) (-) (-) to read as follows: "Notwithstanding anything to the contrary contained herein, in the CPOZ: July 5, 2000 12 (1) Required off-street parking for residential uses in the R-3a and R-3b zones, (Residential) and the B-2a and B-2b zones, (Business) shall be increased from one space for every three resident occupants to one space for every two resident occupants in the areas designated CPOZ on the map entitled "Collegetown Parking Overlay Zone", dated June, 2000, a copy of which is on file in the Ithaca City Clerk's Office. (2) The restrictions contained in this section shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired provided (...) so as to make the buildings non-compliant. Section 5. The Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of the certain tracts of land shall now include an overlay zone Collegetown Parking Overlay Zone, CPOZ, as indicated on the map entitled "Collegetown Parking Overlay Zone (CPOZ)" dated June, 2000. The tracts so affected are in an area bounded by a continuous line beginning at the Stewart Avenue bridge crossing Cascadilla Creek; thence proceeding southerly following the westerly boundaries of tax parcels 63-1-1 through 63-1-6, 63-10-3 through 63-10-5, 63-11- 3 through 63-11-8, 68-1-2 through 68-1-8, which parcels front on Stewart Avenue, thence continuing along Stewart Avenue southerly to its intersection with East State Street; thence crossing East State Street and continuing Southeast along East State Street following the southerly boundaries of tax parcels 68-10-1, 68-10- 2, 68-9-1 through 68-9-3, 83-2-1 through 83-2-13, 83-2-24.12, 83- 2-16.2,83-2-17, 83-2-22,83-2-21 to its intersection with Valentine Place; thence crossing Valentine Place and continuing in an Easterly direction to the West corner of tax parcel 89-3-14, thence following the westerly boundary of tax parcel 83-2-15 to the West corner of tax parcel 83-2-1, then continuing Southeast along the Southern boundaries of tax parcels 89-3-1 through 89-3-4 which parcels front on East State Street; thence in a Northeasterly direction along the Southeasterly boundary of tax parcel 83-3-4 to its intersection with East State Street where East State Street meets Valley Road; thence north to the center line of East State Street, thence Northwest long the centerline of East State Street to its intersection with Mitchell Street; thence crossing Mitchell Street and continuing East along Mitchell Street following the southerly (street side) boundaries of tax parcels 83-3-6.1, 83-4-5, 83-4-4, 83-6-3, 83-6-2, thence at the intersection with Linden Avenue crossing Linden Avenue and continuing north along Linden Avenue following the eastern boundaries of tax parcels 84-1-1, and 67-3-18 through 67-3-31; thence proceeding east along the southern boundary of tax parcel 67-3-3 to its intersection with Delaware Avenue, thence North along Delaware Avenue to its intersection with Bryant Avenue; thence easterly along Bryant Avenue to its intersection with Harvard Place, thence easterly along Harvard Place following the southerly boundaries of tax parcels 64-8-11 through 64-8-9, which parcels front on Harvard Place, thence north following the easterly boundaries of tax parcels 64-8-9 and 64-8-5, thence crossing Dryden Road and continuing easterly along Dryden Road following the southerly boundary of tax parcel 64-2-13, thence continuing easterly along Dryden Road to its intersection with Elmwood Avenue, thence north along Elmwood Avenue following the easterly boundary of tax parcel 64-2-13, thence westerly along the northern boundary of tax parcel 64-2-13 such that tax parcel 64-2- 13 is wholly included in the CPOZ, thence continuing north July 5, 2000 13 following the easterly boundaries of tax parcels 64-2-14 and 64-2- 15, which parcels front on Summit Street, and thence continuing north along a parallel line with said eastern boundaries through tax parcel 64-2-8, also fronting on Summit Street, and continuing along the same parallel line, crossing Oak Avenue, and continuing to its intersection with the center line of Cascadilla Creek, thence westerly along the center line of Cascadilla Creek to the point and place of beginning. Section 6. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 7. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 20.2 Policy and Procedure for Retention of Historic Stone Sidewalks By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the Common Council and Board of Public Works have demonstrated an appreciation for the finite resource of the city's historic street paving with a commitment to retention, restoration and maintenance of brick pavers on the 100 - 400 blocks of Stewart Avenue and with interest in the masonry paving at the south end of Ferris Place, and WHEREAS, the value of surviving stone walks, also referred to as flags, flagging or slate, is worthy of similar recognition as an important indicator of the 19th and early 20th century character of Ithaca's streetscape, and WHEREAS, an ad hoc committee was formed at the request of the Mayor and charged with making recommendations to the Common Council for future treatment of the City's stone walks, and WHEREAS, based on results of research and survey, the ad hoc committee has developed policies and procedures for treatment of stone walks, and WHEREAS, the ad hoc committee has presented proposed policies and procedures to the Board of Public Works and the Department of Public Works and has received a large measure of support from these entities, and WHEREAS, Section 228-4(I) of the Municipal Code states that plans for change of appearance of any improvement or proposed improvement located on a landmark site or in an historic district shall be referred by the agency of the city having responsibility for the preparation of such plans to the Landmarks Commission for a report, and WHEREAS, Section 228-4(E) of the same code requires review and approval of project plans by the Landmarks Commission for material change to a designated property prior to the granting of any permit for such activity, provided that the Commission shall pass only on exterior changes and shall not consider the interior plans of the building; now, therefore, be it RESOLVED, That the Common Council hereby reaffirms the value of historic paving materials to the character of Ithaca's historic districts and the City as a whole, and be it further July 5, 2000 14 RESOLVED, That the Common Council adopts the policies and procedures recommended by the ad hoc committee, namely: First, with regard to the implementation of the City Sidewalk Program within historic districts or on landmark sites that have or previously have had stone sidewalks: 1. The City's historic preservation planner will provide the Department of Public Works with maps and listings of those properties and areas that are included in historic districts or are individually designated as landmarks. 2. When implementing the City Sidewalk Program in historic districts or on landmark sites, the Department of Public Works shall notify the Ithaca Landmarks Preservation Commission in advance as required by Section 228-4(I) of the Municipal Code. 3. Where repair and replacement of existing stone sidewalks within historic districts or on landmark sites is deemed necessary by the Department of Public Works, and in-kind repair and replacement* is approved by the Landmarks Preservation Commission, the property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. 4. Where repair and replacement of existing concrete sidewalks within historic districts or on landmark sites is deemed necessary by the Department of Public Works, and replacement by the restoration of previously existing historic stone sidewalks is requested by the property owner and given approval by the Landmarks Preservation Commission, the property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. 5. The owner of a property in an historic district or of an individually designated landmark may, with approval from the Landmarks Preservation Commission and without requirement by the Department of Public Works, choose to restore an existing stone sidewalk by completing a run of slate that has been interrupted by concrete. The work shall be done only on application to the Superintendent of Public Works, and in conformity with the rules and regulations of the Board of Public Works. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. * In-kind repair and replacement is defined as the repair and replacement of an architectural or site element in a manner such that the execution of the work and the quality and physical characteristics of the element, (e.g., color, texture, composition, design, dimension) match those of the original. Second, with regard to the implementation of the City Sidewalk Program outside historic districts and landmark sites:** 1. Where repair and replacement of an existing stone sidewalk on property outside an historic district or landmark site is deemed necessary by the Department of Public Works, it will be permissible to repair and replace that sidewalk in-kind. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. In the case of interrupted runs of stone or individual extant flags, intervening concrete may be replaced by stone, with the same distribution of cost. 2. A property owner may, without requirement by the Department of Public Works, choose to restore an existing stone sidewalk by completing a run of slate that has been interrupted by concrete. The work shall be done only on application to the Superintendent of Public Works, and in conformity with the rules and regulations July 5, 2000 15 of the Board of Public Works. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. ** Since properties that are not within historic districts and are not landmark sites are not under the jurisdiction of the Landmarks Preservation Commission, the Department of Public Works may undertake sidewalk replacement in these area without consulting the commission. Third, with regard to the implementation of the City Sidewalk Program both within and outside of historic districts and landmark sites: 1. It is recommended that the Board of Public Works inform property owners that stone is an acceptable sidewalk paving material, provided that it meets board standards for condition and installation. 2. It is recommended that the Department of Public Works consider the evaluation, repair and in-kind replacement of stone sidewalks as a separate component of the City Sidewalk Program so that the City can seek contracting services of an individual or firm skilled in handling flagstone and sympathetic to the use of this material, and, be it further RESOLVED, That the Common Council supports the undertaking of a future City-wide survey of historic paving materials to be conducted under the supervision of the Landmarks Preservation Commission. The Commission will use the survey findings to assess the value of designating remnant paving materials throughout the City as a thematic historic district. (See Section 228 of the Municipal Code, Landmarks Preservation Ordinance.) Alderperson Blumenthal and Mayor Cohen extended their thanks to Mary Tomlan and Kathleen Foley for their work with the Ad-hoc Committee on this issue. A vote on the resolution resulted as follows: Carried Unanimously 20.3 Tax Incentive Program for Multi-Story Development By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, sprawl is a nationally-recognized environmental problem, and WHEREAS, concentrated development is one of the means of reducing and combating sprawl, and WHEREAS, taller buildings, which are necessary for denser development, are more expensive to construct than single-story suburban structures, and WHEREAS, property taxes in Tompkins County and the City of Ithaca are a major expense for the developers of real estate, and WHEREAS, reducing the tax burden on new construction can help stimulate denser development in the built up commercial areas in the City, and WHEREAS, the Tompkins County Industrial Development Agency has the authority under New York State law to abate property taxes for a variety of uses, and WHEREAS, a proposal has been prepared and reviewed by the Planning & Economic Development Committee of Common Council, which would July 5, 2000 16 request that the Tompkins County Industrial Development Agency provide a temporary, and, in most cases, partial abatement of real property tax for certain types of development in certain areas of the City, and WHEREAS, such a proposed abatement would result in no net loss of current tax revenue and would contribute to the production of new development and rehabilitation of multi-story buildings; now, therefore, be it RESOLVED, That the City of Ithaca does hereby request that the Tompkins County Industrial Development Authority undertake a program of tax abatements as outlined in the Tax Abatement Proposal, dated June 29, 2000, and that the area covered by the proposed abatement be as shown on the attached map, which encompasses the downtown central business district, the West State Street corridor, the West End and Inlet Island. Extensive discussion followed on the floor with Mayor Cohen explaining that the abatement is only effective on the enhanced value of the property. Alderperson Sams expressed reservations about the program, and the speculation of increased development. Amending Resolution By Alderperson Farrell: Seconded by Alderperson Manos RESOLVED, That an additional Resolved clause be added to the end of the resolution to read as follows: “RESOLVED, That the proposed Tax Abatement Program will be evaluated no later than five years or by December 31, 2005, in order to determine whether the program should be continued.” Carried Unanimously Amending Resolution By Alderperson Farrell: Seconded by Alderperson Hershey RESOLVED, That the following language be added after the fourth paragraph of the proposal: “Any applicant seeking an abatement under this program must demonstrate that any and all residential buildings owned by the applicant located in the City of Ithaca, which require a Certificate of Compliance, shall have such a valid Certificate in order for the applicant to be eligible for a Tax Abatement under the terms of this program. If the applicant is a corporation or partnership, the names of all owners and/or partners of the corporation or partnership must be provided in order to demonstrate that all residential buildings in the City of Ithaca owned by the owners and/or partners or one or more of the owners and/or partners have valid Certificates of Compliance for such buildings.” Extensive discussion followed on the floor with Council members questioning why Certificates of Compliance are being checked only on residential properties and not commercial properties. Director of Planning and Economic Development Van Cort responded that Certificates of Compliance are only issued on residential properties. Commercial properties are subject to building code standards from the year that they were built, and therefore are more difficult to determine compliance. Common Council members further expressed interest in investigating ways to check on code violations of out-of-town developers as well as local developers. Mayor Cohen requested that the City Attorney research these issues further and report the findings to Council at a later date. July 5, 2000 17 Mayor Cohen stated that he believes this program is an incentive for property owners who properly maintain their buildings, and it is a strong message that the City of Ithaca wants to do business with people who are willing to invest in their properties and comply with the codes of the City of Ithaca. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Farrell: Seconded by Alderperson Blumenthal RESOLVED, That the word “could” on the second page, third line, of the proposal be changed to “must”. Carried Unanimously Alderperson Blumenthal requested that the map be amended to remove the block bounded by Seneca, Buffalo, Geneva and Albany Streets as it is zoned residential instead of commercial. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Alderperson Manos left the meeting at 9:00 p.m. 20.4 A Resolution to Call for Public Hearing Regarding a Proposed Amendment to Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, it has been proposed that Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance be amended to create a new Sub-District within the Use District entitled "CBD" to be known as "CBD-140," to define boundaries for said Sub-District as delineated on the attached map, and WHEREAS, it is intended to provide for design review for proposed new construction projects within the new Sub-District, by the Design Review Board, as provided for in Article VII, Section 325- 41 of the City Zoning Ordinance, and WHEREAS, it is further proposed to amend a portion of the "CBD-60" Sub-District immediately adjacent to the new "CBD-140" Sub- District to "CBD-85," as also delineated on the attached map, and WHEREAS, details of the proposed amendment have been circulated to all appropriate public and private sector boards, councils, departments and individuals for their consideration and recommendations, and WHEREAS, responses from these boards, councils, departments and individuals have been received and considered; now, therefore, be it RESOLVED, That the proposed amendment to Article II, Section 325- 8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance to create a new Sub-District entitled "CBD-140," and to create a boundary for the Sub-District, and to provide for design review by the Design Review Board, and further that a portion of the boundary of the existing "CBD-60" zone be amended to "CBD-85," is hereby introduced before the Common Council of the City of Ithaca, New York, and, be it further July 5, 2000 18 RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid amendment in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on Wednesday, August 2, 2000, 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 fifteen (15) 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 Zoning Ordinance Amendment to be considered shall be as follows: Within the new Sub-District the District Regulations Chart Columns shall be as follows: Column # 1"Use District" "CBD" Column # 2"Permitted Primary Uses" "1. Any use permitted in B-2 See Sec 181- 13, Fire Limits" Column #3 "Permitted Accessory Uses" "Any accessory use Permitted in B-2 Column #4 "Off-Street Parking Requirement" "None" Column #5 “Off-Street Loading Requirement" Same as B-2a" Column #6:"Area in Square Feet" "No minimum lot size" Column #7 "Width in Feet at Street Line "10" Column #8 "Maximum Building Height Number of Stories" "12" Column #9 "Maximum Building Height in Feet" "140" Column #10 "Maximum Percent Lot Coverage "100% Except as required for By Buildings" rear yard" Column #11 "Yard Dimensions-Front "None" Column #12 "Yard Dimensions-Side" "None" Column #13 "Yard Dimensions-Side" "None" Column #14/15 "Yard Dimensions-Rear" "10 Feet Minimum" Column #16 "Minimum Height of Building in Feet" "25" Both the new "CBD-140" Sub-District, and the portion of the "CBD- 60" zone amended to "CBD-85," will be defined by boundaries as drawn on the attached map. A new Section will be added to the City Zoning Ordinance calling for design review by the Design Review Board. The language of the new Section will be as follows: "Construction of new buildings within the CBD-140 Sub-District shall be subject to review by the Design Review Board, as provided for in Section 325-41 of the City of Ithaca Zoning Ordinance. In performing such review the Design Review Board shall pay particular attention to the visual effect of proposed projects on the character of the area. Review of new construction within the CBD-140 Sub-District by the Design Review Board shall be a prerequisite to the issuance of any other permits for the proposed new construction project. July 5, 2000 19 Section 325-41 of the City Zoning Ordinance shall also be amended to add the new zoning Sub-District CBD-140 to the list of zones subject to Design Review. (B) A Resolution regarding a proposed ordinance amending the Municipal Code of the City of Ithaca, Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance - Determination of Environmental Significance By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca is proposing a zoning amendment to create a new Sub-District within the Use District entitled "CBD" to be known as "CBD-140," to define boundaries for said Sub- District, and to provide for design review for proposed new construction projects within the new Sub-District, by the Design Review Board, as provided for in Article VII, Section 325-41 of the City Zoning Ordinance, and WHEREAS, it is further proposed to amend a portion of the "CBD-60" Sub-District immediately adjacent to the new "CBD-140" Sub- District to "CBD-85," and WHEREAS, appropriate environmental review has been conducted including the preparation of Parts I, II and III of a Long Environmental Assessment Form (LEAF), and WHEREAS, the proposed action is a Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Common Council for the City of Ithaca, acting as Lead Agency, has reviewed the LEAF Part I, dated 3/21/00, Part II and Part III, prepared by City of Ithaca Planning Staff, comments prepared by the City of Ithaca Conservation Advisory Council, the City of Ithaca Planning and Development Board, Ithaca Landmarks Preservation Commission, and supplemental information and comments from other organizations and the public, and has determined that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Long Environmental Assessment Form Parts I, II, and III, and, be it further RESOLVED, That this Common Council, as lead agency, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. Carried Unanimously 20.5 Downtown Improvements -- Capital Project By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the Common Council established Project #386, Commons Improvements in the 2000 Budget for $352,000, to implement the recommendations in "Reviewing the Design of the Ithaca Commons," and WHEREAS, the Common Council authorized $80,000 on March 1, 2000 for maintenance and small improvement projects, and July 5, 2000 20 WHEREAS, the scope of the improvements in the report includes the Commons and streets immediately adjacent to the Commons, and WHEREAS, a report entitled "Draft Recommendations for Renewing Downtown, the Commons and Adjacent Streets," dated June 16, 2000 outlines a four-year phased improvement program which includes all the items from the report and some additional projects to improve downtown, and WHEREAS, the estimates in the report are rough estimates of items since it is difficult to project costs without design and construction drawings, and the total estimated cost of the four- year plan was $2,504,000, and WHEREAS, the Planning and Economic Development Committee has reviewed this report and has recommended the approval of the list of items in Year One, with the exception of the first phase of landscape renovations in existing planters; now, therefore, be it RESOLVED, That Common Council approves the list of first-year projects enumerated below, for a cost of $337,000, which includes the $80,000 previously authorized. Discussion followed on the floor regarding specific components of the project, and the procedures that will be followed regarding future Capital Project review. A vote on the Resolution resulted as follows: Carried Unanimously 20.6 Adult Use Moratorium Extension By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, Common Council, at a regularly scheduled meeting held on July 7, 1999, adopted Local Law No. 3 of the year 1999 providing for a nine month moratorium on the establishment of new adult uses or the expansion of existing adult uses, and WHEREAS, pursuant to section 4(A) of said local law, Common Council, at its regularly scheduled meeting held on April 5, 2000, extended said moratorium for a three (3) month period, until August 5, 2000, and WHEREAS, during the moratorium period, Common Council authorized a study to be conducted of the possible deleterious impacts of adult uses in the City of Ithaca which study was expected to be completed by May 1, 2000, and WHEREAS, the completion date of said study was delayed and is now expected to be completed no later than June 30, 2000 and a report and recommendations issued on or about that same date, and WHEREAS, considering the potential objectionable characteristics and impacts of adult uses on the health, safety and general welfare of the residents of the City and the important constitutional issues that must be identified and addressed in any regulation of adult uses, Common Council reaffirms its conclusion that it would be a disservice to the community to attempt to complete a review of said study and legislation in a limited period of time, and WHEREAS, Common Council determined in its resolution granting a three (3) month extension to the moratorium that an additional period of three (3) months may be required for it to review said study and report, to deliberate on the negative impacts contained therein, if any, and to determine what legislation should be July 5, 2000 21 promulgated and adopted by Common Council to address any negative impacts; now, therefore, be it RESOLVED, That the moratorium for the establishment of new adult uses or the expansion of existing adult uses is hereby extended for an additional three (3) months, until November 5, 2000. Amending Resolution By Alderperson Spielholz: Seconded by Alderperson Glasstetter RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the moratorium for the establishment of new adult uses or the expansion of existing adult uses is hereby extended for a period to end no later than November 5, 2000.” Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) Pryor, Sams, Farrell, Blumenthal, Vaughan, Spielholz, Taylor Nays (1) Hershey Abstentions (1) Glasstetter Carried Public Art and Design Commission – Report Alderperson Blumenthal reported that the Public Art and Design Commission has met three times since June 7, 2000, when Common Council passed a resolution requesting the removal of the sculptures from the Route 96 bridge. The Commission approved the following resolution unanimously at their June 28, 2000 meeting: “WHEREAS, the Commission on Public Art and Design is convened by Common Council to advise on public art and design in the City, the Commission is concerned that Common Council did not consult with them prior to its vote on June 7, 2000 to approve the removal of the sculptures named “Silent City”, and WHEREAS, the Commission informs Council that issues on the Artist’s legal standing exist with respect to copyright of his site specific design as evidenced in the New York State Arts and Cultural Affairs Law, Article 14, Section 1403, in which the Artist shall retain at all times the right to claim authorship and that no person other than the Artist or a person acting within the Artist’s consent shall knowingly display in a place accessible to the public, a work of fine art in an altered, defaced, mutilated or modified form, if the work is displayed as being the work of the artist, and damage to the Artist’s reputation is reasonably likely to result therefrom. Moreover, the law requires that an Artist aggrieved under submission, subdivision 1 or subdivision 2 above in this section, shall have a cause of action for legal and injunctive relief; now, therefore, be it RESOLVED, That the Commission advises Common Council that it cannot, and will not, take any action with respect to Council’s request to seek an alternative location of the sculptures until Council is informed and advised by the City Attorney as to appropriate and lawful action that the City may take in this matter with respect to section 14 of above. July 5, 2000 22 Alderperson Blumenthal noted that the Public Art and Design Commission is interested in receiving a legal opinion regarding the ability of the City to relocate the sculptures without the approval of the Artist. 21. NEW BUSINESS: 21.1 Authorization to Amend Personnel Roster - Resolution By Alderperson Hershey : Seconded by Alderperson Farrell WHEREAS, the Department of Public Works – Streets and Facilities/Parks and Forestry’s personnel roster includes a Tree Trimmer position, and WHEREAS, the department has re-evaluated its functional and staffing needs, and WHEREAS, DPW-S&F has determined that a Senior Tree Trimmer would be of a greater benefit to the City, and therefore be it RESOLVED, That Common Council hereby amend the 2000 Department of Public Works – Streets & Facilities’ Authorized Personnel Roster as follows: Delete: One (1) Tree Trimmer Add: One (1) Senior Tree Trimmer and be it RESOLVED, That T. Eric Woodward be appointed to the position of Senior Tree Trimmer at $10.61/hour, which is assigned to grade 31 of the 1999 CSEA DPW unit, effective immediately, and be it further RESOLVED, That the funds necessary for said amendment shall be derived from the departments existing 2000 budget. Carried Unanimously Common Council Chamber Renovation Capital Project – Report Alderperson Blumenthal withdrew this item from the agenda. ADJOURNMENT: On a motion the meeting adjourned at 9:25 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor