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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 ✓,