HomeMy WebLinkAboutMN-CC-1981-10-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
33l
Regular Meeting 7:30 P.1�1. October 7, 1981
PRESENT:
Mayor - Bordoni
Aldermen (9) - Banfield, Boothroyd, Boronkay, Dennis, Gutenberger,
Holman, Nichols, Saccucci, Slattery
ABSENT:
Amman - Schuler (Excused)
• OTHERS PRESENT:
City Controller - Spano
Dep. City Controller - Cafferillo
Personnel Administrator - Collins
Civil Service Ex. Secy - Pezdek
Asst. City Attorney - Nash
Building Commissioner - Hoard
Dir. Planning $ Development - Van Cort
Police Chief - Herson
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
\j Mayor Bor oni le all present in the Pledge of.Allegiance to the
American flag.
"7 MOMENT OF SILENCE - Egyptian President Anwar Sadat
= Mayor Bordoni an the Common Council remained standing for a moment
of silent prayer in memory of Egyptian President Anwar Sadat.
Mayor Bordoni commented that Ithaca joins the rest of the world in
hoping for an end to the madness which seems to be about and with us,
and hopes this is the end of it - -that it never happen again. He
said that Anwar Sadat was a person who went to great lengths under
extreme political pressures to try to perform a valuable service for
mankind, that weTneed more leaders like him. His death is a great
loss to the entire world.
MINUTES:
SyAlTe—rman Boothroyd: Seconded by Alderman Boronkay
RESOLVED, That the Minutes of the September 2, 1981 meeting be approved
as recorded by the Clerk.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Youth Bureau A visory Board
Mayo- r Bodoni requested approval of the Council for appointment of
Carl Fredericks, 212 Hudson Street, to the Youth Bureau Advisory Board.
Resolution
By Awn Gutenberger: Seconded by Alderman Nichols
RESOLVED, That this Council approves the appointment of Carl Fredericks,
212 Hudson Street, to the Youth Bureau Board for a term to expire
December 31, 1982. .
Carried Unanimously
Mayor Bordoni requested approval of the Council for appointment of
William J. Humble, 220 Main Street, Newfield, N.Y., to the Youth Bureau
Advisory Board.
• Resolution
y Al erman Nichols: Seconded by Alderman Holman
RESOLVED, That this Council approves the appointment of William J.
Humble, 220 Main Street, Newfield, N.Y., to the Youth Bureau Advisory
Board for an indefinite term.
Carried Unanimously
Messrs. Fredericks and Humble took the Oath of Office and were sworn
in by City Clerk Rundle.
332
-2- October 7, 1981
SPECIAL ORDER OF BUSINESS:
Petition for Street Ligits
Alderman Saccucci presented the following petition from the seven
residents of Westmount Drive:
"September 28, 1981
Westmount Drive is a city street, but there are no street lights in
the immediate area. The area is dark at night, and the residents feel
unsafe. In the past three years there have been several robberies
either on, or near Westmount Drive. We feel the installation of str�
lights would greatly reduce the possibility of further such crimes.
Yours truly,
The residents of the Westmount Drive neighborhood"
Resolution
By Ammerman Dennis: Seconded by Alderman Slattery
RESOLVED, That the petition from the residents of Westmount Drive
requesting street lighting be referred to the Board of Public Works.
Carried Unanimously
Statement re. Sale of Southside Center
Rudolph Saccucci, speaking as private citizen, made the following
statement: "I wish to make it clear that the closing of the Southside
Center, proposed by Mr. Leach Morgan who is a Council candidate in the
Fifth Ward, certainly has not my support. I find it ludicrous to
close this center at this time. Just recently the city has spent over
$150,000 for the renovation of the building."
RECOGNITION OF CANDIDATES:
Mayor Bordoni introduced the following candidates who were present:
L. Morgan, Republican aldermanic candidate 5th Ward •
{V. Shaw, Republit`an Mayoral candidate
R. Schlather, Democrat aldermanic candidate 1st Ward
W. Meyers, Democrat aldermanic candidate 2nd Ward
D. Hoffman, Democrat aldermanic candidate 5th Ward
D. Slattery, Democratic candidate for Tomp. Co. Bd. of Rep. 1st District
E. Nichols, it It it it " it 4th District
R. Saccucci, Republican aldermanic candidate 1st Ward
R. Boronkay, Republican aldermanic candidate 2nd Ward
J. Gutenberger, Democrat Mayoral candidate
Presentation of Ithaca Ener Commission
Ernest Bury, airman o t e It aca nergy Commission,'introduced the
following members of the Commission who were present: Jeanne Fadula,
Secretary, Douglas Dillon and Carolyn Peterson. Mr. Bury explained
briefly the background of the Commission and the areas chosen as
priorities for the first six months work. He also presented the
Commission's initial recommendations. Jeanne Fadula explained the
future directions and needs of the Commission.
Discussion followed on the floor.
Resolution
By Ammerman Slattery: Seconded by Alderman Dennis
RESOLVED, That item 2 under Future Needs, staff time from Planning
Department, be referred to the Planning and Development Committee is
for recommendation to the Energy Commission for establishing prioriti
Carried Unanimously
Resolution
By By A— Oman Nichols: Seconded by Alderman Slattery
RESOLVED, That the report of the Commission which included the need
for budget, be referred to the Budget and Administration Committee
for consideration of possible aid in the 1982 budget.
Carried Unanimously
-3- October 7, 1981 333
PETITIONS AND HEARINGS BEFORE COUNCIL:
E-e-a-ch Morgan, Republican al ermanic candidate for the Fifth Ward,
spoke briefly to the Council, explaining that his statement of the
previous week concerning the possibility of selling the Southside
Center for the purpose of purchasing fire hose for the Fire Department
was an effort to point out that it is not always necessary to raise
taxes, but alternatives could be considered.
Nuclear Freeze Campaign
Irene Stein, 20 IHIN Road, addressed the Council concerning the
campaign for nuclear freeze, requesting the Council to endorse the
• petition for the freeze when the resolution appears on the agenda,.
CHARTER AND ORDINANCES COMMITTEE:
By Alderman Slattery: Secon e by Alderman Nichols
WHEREAS, many residents of this community are concerned that the
United States and the Soviet Union already possess 50,000 nuclear
weapons and are planning to build more than 20,000 additional nuclear
warheads,-as well as nuclear missiles and aircraft, and
WHEREAS, the peace and stability of the world, and indeed the very
survival of most of the cities in the northern hemisphere are
threatened by the testing, production, and deployment of nuclear
Al weapons and of missiles and aircraft designed primarily to deliver
EJ nuclear weapons, and
L WHEREAS, scientists, engineers, physicians and lay people are
supporting a petition calling for an immediate mutual U.S. /Soviet
halt to the Nuclear Arms Race;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council supports the
efforts of the members of this community who are sponsoring the
petition and calls upon Congressman Matthew F. McHugh and Senators
Alphonse D'Amato and Daniel Patrick Moynihan to participate in
sponsoring such a resolution in the Congress of the United States.
Carried Unanimously
"Closing of St, John School
William Shaw, Republican Mayoral candidate, 314 Ithaca Road, appealed
to the Council to pass a resolution appointing a committee to investi-
gate the possible earlier- thlan- planned closing of Henry St. John
School.
Mayor Bordoni explained to Mr. Shaw that a committee has been formed
for the purpose of reviewing the disposal of school buildings that
are currently, not being used for educational purposes, and that there
are staff persons working with that committee.
`Resolution
y 1 erman Boronkay: Seconded by Alderman Holman
WHEREAS, Henry St. John School and other neighborhood schools are
important to the communities they serve, and
WHEREAS, as the planned closing of Henry St. John School will leave
a large vacant building in the Second Ward and City of Ithaca, and
WHEREAS, adaptive reuse is of major concern to the whole Second Ward
and to the City of Ithaca, as well as to the immediate neighborhood,
and
• WHEREAS, it is in the best interest of the Second Ward and the City
of Ithaca to begin to plan now for the use of the Henry St. John
building;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council, and
specifically the Intergovernmental Relations and Planning and
Development Committees initiate immediate discussions with the
School Board and /or Administration to insure the best possible use
of the Henry St. John Building upon its closing.
Discussion followed on the floor.
334
-a-
October 7, 1981
Tablin Resolution
By Al erman Nic ols: Seconded by Alderman Slattery
RESOLVED, That the resolution concerning the closing of the Henry
St. John School be tabled until the next regular meeting of the
Common Council.
A vote on the tabling resolution resulted as follows:
Ayes (3) - Banfield, Nichols, Slattery
Nays (6) - Boothroyd, Dennis, Gutenberger, Holman, Boronkay,
Saccucci
Absent (1) - Schuler
Motion Defeated
A vote on the original resolution resulted as follows:
Ayes (8) - Boothroyd, Nichols, Dennis, Gutenberger, Holman,
Boronkay, Slattery, Saccucci
Abstention (1) - Banfield
Absent (1) -• Schuler
Carried
CHARTER AND ORDINANCE COMMITTEE:
Resolution To Levy Service C arges Against
Not
Complying with board of Public worKs
BY ermd an Slattery: by lderman Nichols
BE IT RESOLVED by the Common Council, That Section 272.9 (Service
Charges), which was passed by the Board of Public Works on September
23, 1981, is endorsed as follows:
8 272.9
D. Service Charges
a. Charges shall be levied against property owners for the
non - scheduled pickup by the Department of Public Works of
items acceptable for collection that do not conform to
the method of placement indicated under paragraph B. The
charges shall be as follows:
Single family dwell'iftg. . . . . . . .$15.00 per pickup
Two - family dwelling . . . . . . . . 20.00 per pickup
Multi- residential . . . . . . . . . . 25.00 per pickup
Commercial or other . . . . . . . . . 30.00 per pickup
b. Such charges levied shall be levied in accordance with the
City of Ithaca Charter, Section 5.33.
and
BE IT FURTHER RESOLVED, That the City Clerk is requested to publish a
notice of this action by the Board of Public Works and the Common
Council so that this legislation can take effect immediately upon
publication.
Carried Unanimously
Boardman House
By Alderman Slattery: Seconded by Alderman Holman
WHEREAS, the Tompkins County Department of Planning has inquired into
the possibility of changing the zoning of the Boardman House, which
is within the City of Ithaca DeWitt Park Historic District, in case
the County Board of Representatives decides to offer the building for
sale, and
D
WHEREAS, the Ithaca Landmarks Preservation Commission has studied the
proposed rezoning and has indicated that such a change in zoning might
facilitate the rehabilitation of the Boardman House, its adaptive re-
use, and its restoration to taxable status;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Ithaca will give fair and objective consideration to a reques'E by
Tompkins County to rezone the area containing the Boardman House and
the adjacent County Office Building as a B -lb area.
Carried Unanimously
Q.IM
Citizens Complaint of Police Action Procedure
By Alderman Slattery: Seconded by Alderman S
WHEREAS, the City of Ithaca desires to amend
Procedure" previously adopted by this Common
citizen complaints to be more easily brought
October 7, 1981 .�:i
Revision
the "Police Grievance
Council to enable any
and processed;
NOW, THEREFORE, BE IT RESOLVED, That the "Police Grievance Procedure"
be and hereby is renamed the "City of Ithaca Citizen Complaint of
Police Action Procedure" and is hereby amended to read as follows:
1. Title
TTiis procedure shall be known as the "City of Ithaca Citizen
Complaint of Police Action Procedure."
2. P_urPose
The purpose of this procedure is to provide every citizen with .
the opportunity to present a-complaint regarding police action in
accordance with the procedures herein, free from interference,
coercion, restraint, discrimination or reprisal, together with the
right to be represented by a person of his own choosing at all stages
of the complaint procedure.
\� 3. Definition of Complaint
Ij omplaint shall mean any claimed violation, misinterpretation,
or inequitable application of the existing laws, rules, procedures,
regulations, administrative orders, or work rules of the Department
-1 of Police, City of Ithaca, New York.
4. Presentation of Complaint
A citizen who presents a complaint must present his complaint to
the attention of the Police Commissioners at the Hall of Justice,
120 E. Clinton Street, within seven consecutive days after the
occurrence constituting the complaint. The Police Commissioners may
waive the seven consecutive day limitation at their discretion for
good cause shown.__ The complaint shall be submitted as a written
statement signed and sworn to before a Notary Public by the complainant
and shall contain the following information:
(1) the name and resid ace. address of the citizen presenting
the complaint;
(2) the name and names of each police officer involved in the
complaint, if known;
(3) the names and residence addresses of any witnesses to the
occurrence constituting the complaint; and
(4) a concise statement of the nature of the complaint and the
facts relating to said complaint.
S. Time and Notice of Bearing
The Commissioners shall hold a hearing at the next regularly
scheduled Police Commissioners Meeting to be held at least two weeks
after receipt of a timely filed complaint at the Police Commissioners
discretion unless a Civil Service Hearing or criminal action is
contemplated. The Police Commissioners shall give at least five (S)
days written notice of time and place of such citizen complaint
hearing to all parties involved.
6. Conduct of Hearing
• The hearing on the complaint may be held in public or private,
as determined by the Police Commissioners. A hearing may be conducted
by atleast two of the three Police Commissioners. If fewer than three
Police Commissioners are present at such hearing, the members conducting
the hearing shall render a report to the full Board. In any case
where two Police Commissioners have conducted a hearing and do not
agree in their finding a further hearing shall be held with the partici-
pation of all three members of the Board.
7. Rules of Evidence
The Police Commissioners shall not be hound by formal rules of
evi- dence, but all testimony shall be given under oath.
336 -6- October ,, 1981
8. Summary of Hearing
A written or tape- recorded summary of all hearings held by the
Police Commissioners shall be kept at the Hall of Justice.
9. Vote Necessary
Ttiao concurring votes shall be necessary to determine any official
report or action of the Police Commissioners,
10. Re ort of Hearing
T e Police Conmissioners shall make their report in writing with'
five (5) days after the close of the hearing to the Mayor. After the
Mayor has acted upon the recommendations contained in said report, he
shall provide official copies of the report to the complainant, any
persons named in the complaint, Chief of Police, City Clerk, City
Attorney, Civil Service Commission, and the Personnel Administrator.
The report shall include a statement of the Commissioners' findings
of fact; conclusions, and advisory recommendations. Upon request of
any citizen, a copy of the transcript of any such report may be ob-
tained by payment of a reasonable fee, and
BE IT FURTHER RESOLVED, That Municipal Consultants be directed to
include this procedure in the "Resolutions" section of the Ithaca City
Code Book.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Route 9 Up ate
Al erman Nichols reported on her committee's investigation relative
to the railroad crossings inside the city- -the speed limit on trains,
railroad radio service, and the possible location of a fire station
on Nest Hill. She had received communications from federal and state
agencies which she presented to the Council. Alderman Nichols was
directed to arrange with a state agency for a meeting to obtain more
information concerning the possibility of locating a fire station on
{Vest Hill.
Coll egetown Update
A1Terman Nichols reported that Phase 2 of the Collegetown Study is
scheduled to be completed and a report issued in November. At that
time a report will be given to the Common Council with recommendations.
She reported that Director Van Cort informed her that Planning Depart-
ment would not be able to implement any recommendations or requests
during 1981.
Tourism Council
Alderman Nic o1s reported having attended a meeting of the Tourism
Council at which another tourism year was being planned. She reported
that Item 6 in the brochure is Ithaca, and Ithaca is being mentioned
in the Guide. She believes it was well taken that the city demanded
to receive something for its financial contribution. In the future
they may not ask for a lump sum.
Common Council recessed at 9:15 p.m. and reconvened in regular session
at 9:25 p.m. •
BUDGET AND ADMINISTRATION COMMITTEE;
Working Dog Program
By Alderman tauten erger: Seconded by Alderman Slattery
WHEREAS, the Police Chief and the Pol.i.ce Commissioners have endorsed
a trial period of a Police Working Dog Unit (K -9), and
WHEREAS, the City of Ithaca desires to enter into a six (6) months
trial period of a Police Working Dog Program (K -9), using one officer
and one dog;
NOW, THEREFORE, BE IT RESOLVED, That a monthly report be forwarded to
the Human Services Committee, the Police Chief and the Police Commis-
sioners containing any and all instances in which the K-9 Unit was
-7-
October 7, 1981 d'
used and all related information which would be helpful in an ongoing
evaluation, and
BE IT FURTHER RESOLVED, That within the thirty (30) days prior to
the end of the six (6) months trial period, separate recommendations
and accompanying reports from the Police Chief a�the Police Com-
missioners be forwarded to the Common Council through its Human
Service Committee for recommendations by the Committee to Common
Council on continuance of the Program.
Carried Unanimously
• Cass Park Petty Cash Fund
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the petty cash fund for Cass Park Pool and Rink be
increased from $100 to $150.
Carried Unanimously
Princi al Account Clerk Position
By Al erman Gutenberger: 9-e-c-o-Filed by Alderman Boothroyd
WHEREAS, the Finance Department has reviewed and updated the job
description of the position of one Senior Account Clerk, and
�) WHEREAS, the Civil Service Commission has reviewed and approved. the
,�J Position Duty Statement concerning the expanded duties of Senior
li Account Clerk to be appropriate for the title of Principal Account
Clerk, and
C WHEREAS, Marna McNeil, the incumbent Senior Account Clerk, has passed
the required Civil Service testing and is qualified to fill the
position of Principal Account Clerk;
NON, THEREFORE, BE IT RESOLVED, That one Senior Account Clerk position
in the Finance Department be redesignated as Principal Account Clerk,
and
• BE IT FURTHER RESOLVED, That Marna McNeil be promoted to the title of
Principal Account_Clerk, with an annual salary of $13,456, to be
effective October 5, 1981.
Carried Unanimously
Administrative Secretary Posi'ti'on
By Alderman Gutenberger: Seconded by Alderman Holman
WHEREAS, the Finance Department has reviewed and updated the job
description of the position of one Senior Stenographer, and
WHEREAS, the Civil Service Commission has reviewed and approved the
Position Duty Statement concerning the expanded duties of Senior
Stenographer to be appropriate for the title of Administrative
Secretary, and
WHEREAS, Jean Hankinson, the incumbent Senior Stenographer, has
passed the required Civil Service testing and is qualified to fill
the position of Administrative Secretary;
NON, THEREFORE, BE IT RESOLVED, That one Senior Stenographer's
position in the Finance Department be redesignated as Administrative
Secretary, and
is BE IT FURTHER RESOLVED, That Jean Hankinson be promoted to the title
of Administrative Secretary, with an annual salary of $10,279, to be
effective October 5, 1981.
Carried Unanimously
Amendment of Police Department Complement
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the Police Department 1981 Personnel Roster be amended
as follows:
Remove: One (1) Captain
Add: One (1) Sergeant
Carried Unanimously
335
-8- OCtOhcr 7, 1981
Motorola Standardization
By Alderman Guten erger: Seconded by Alderman Saccucci
RESOLVED, That it is in the best interests of the City of Ithaca to
standardize to Motorola Radio Equipment, for use in the Ithaca Police
Department, as follows:
(1) The Police Department now has all Motorola Radio Equipment, and
Radio Console.
(2) This action will minimize the inventory of repair parts which
would have to be maintained for the service of said radio equip-
ment. 0
(3) Labor cost for maintenance and service of a standard type of
equipment will be less than if required to service several
different types of equipment.
(4) Present Motorola Radio Equipment has been satisfactory to the
uses of the Police Department.
(5) Standardization provides the
for its entire radio system,
agreements would be required
and
BE IT FURTHER RESOLVED, That the
Motorola Radio Equipment as the
by the Ithaca Police Department,
Ithaca Police Department.
need for only one service contract
whereas additional contractual
for other types of radio equipment;
Common Council be requested to adopt
standard radio equipment to be used
said to be purchased and used by the
Carried Unanimously
Controlonics Equipment Standardization
By Alderman Gutenberger: Seconded y Alderman Boronkay
WHEREAS, this Common Council has been requested by the City of Ithaca®
Police Department to standardize on Controlonics Voice equipment as
the type of equipment to be used in the City of Ithaca, and to
authorize the City to purchase approved equipment from the manufacture
or a representative thereof, and
WHEREAS, it is deemed to be �jn,-the best interests of the City of
Ithaca for reasons of efficiency, compatability and economics to approve
such standardization for the following reasons:
(1) The City Police Department presently has Controlonics Voice
Scrambler equipment installed in the Mobile Units and Main Communi-
cations Desk.
(2) Compatability is not possible with other brands of Voice Scrambling
equipment.
(3) The cost of maintenance, parts, and service will be less than if
different types of equipment were being used;
and
BE IT FURTHER RESOLVED, That pursuant to Subdivision 5, Section 103
of the General Municipal Law of the State of New York, the Common
Council of the City of Ithaca hereby authorizes the standardization
of Controlonics equipment as the type of such equipment to be used
in the Police Department.
Carried Unanimously
Budget Appropriation Transfers
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the City Controller be empowered to make transfers
within the 1981 Budget Appropriations as may be needed.
Carried Unanimously
Amendment of De artment o£ Public Works CmnLlement
By Al It of
tauten' erger: econ ec y lc erman Bocithroyd
RESOLVED, That the Department of Public Works 1981 Personnel Roster
be amended as :follows:
Remove: One (1) Stenographer - 20 hours
Add: One (1) Senior Stenographer - ZO hours
l�J
J
M611
Discussion followed on the floor.
October 7, 1981
A vote on the resolution resulted as follows:
Carried Unanimously
Audit
By Alderman Gutenberger:
RESOLVED, That the bills
Administration Committee
listed on Audit Abstract
Seconded by Alderman Boronkay
audited and approved by the Budget and
in the total amount of $21,392.28, as
#18/1981, be approved for payment.
Carried Unanimously
• HUMAN SERVICES COMMITTEE:
Gadabout
Al erman Holman presented an update report as follows:
On September 23, 1981, the subcommittee of Human Services met with
members of the Transportation of the Disabled to discuss "Transporta-
tion Needs of Disabled in the City."
The following persons were present: B. Carpenter, Bill Wendt, Judy
Willis, Larry O'Neil, Herman Sieverding, Chris Bucher, Aldermen
r) Holman and Schuler.
Q A result of the meeting was that the Coalition will gather Documenta-
Ll for 504 Com liance to be completed by mid - November. A report
`r s oul e rea y or t e December Council meeting.
Also, based on the information presented, it was felt by the subcommittee
that the City should continue to fund Gadabout in satisfaction to 504.
CIRCLE GREENWAY COMMITTEE:
Alderman Nichols commented that she hoped the Budget and Administration
Committee will consider keeping the Circle Greenway Committee in
operation.
UNFINISHED AND MISCELLANEOUS BUSINESS:
olice Cars
Alderman Dennis referred to the remarks which occurred in the Ithaca
Journal concerning the purcll-�se. of police cars off State Contract.
He said that in the long run he believes the city did better by not
purchasing on State Contract.
Boardman House
Al erman Slattery requested that City Clerk Rundle mail a copy of the
Boardman House resolution to the Tompkins County Planning Department,
NEW BUSINESS:
li nimum Social Security Benefit
Alderman Saccucci reported that several elderly residents of the
community have urged that the Council write to congressmen and
senators requesting that the minimum Social Security benefit of
$122 not be abolished.
Resolution
By Alderman Saccucci: Seconded by Alderman Boronkay
RESOLVED, That the request of contacting congressmen and senators
regarding the minimum Social Security benefit be referred to the
Human Services Committee for recommendation back.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:SO p.m.
HepA. �Iufn'r__
Qw ,�,�,� Jo e, Clay Clerk
aymond Bordoni, Mayor
✓,