HomeMy WebLinkAboutMN-CC-1982-10-060
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. October 6, 1982
PRESENT:
Mayor - Shaw
Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth,
Holman, Killeen, Myers, Schlather, Schuler
OTHERS PRESENT:
City Controller - Spano
Personnel Administrator - Collins
Dep. Controller - Cafferillo
Asst. Fire Chief - Olmstead
City Attorney - Tavelli
Supt. of Public Works - Kinsella
Building Commissioner - Hoard
City Engineer - Cox
T.C. Bd. of Representatives - City Rep. Stein
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Mayor Shaw led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That the minutes of the August 30, 1982 meeting be
approved as recorded by the City Clerk.
Carried Unanimously
By Alderman Schlather: Seconded
RESOLVED, That the minutes of the
approved as recorded by the City
By Alderman Clynes: Seconded by
RESOLVED, That the minutes of the
approved as recorded by the City
by Alderman Myers
September 1, 1982 meeting be
Clerk.
Carried Unanimously
Alderman Hoffman
September 29, 1982 meeting be
Clerk.
Carried Unanimously
23
ADDITIONS TO THE AGENDA:
Budget and Administration Committee
Alderman Holman requested additi-on of resolutions, instead of
possible resolutions,to Items G and H of the committee.
No Council member objected.
New Business
Alderman Holman requested introduction of a resolution to change
the location of the November Council meeting from the Common Council
Chambers to the Ithaca Center.
No Council member objected.
Charter and Ordinance Committee
A1cTerman Schlather requested clarification of Item B Towing. There
will be a report given, not a resolution.
No Council member objected.
COMMUNICATIONS:
Mayor Shaw referred to a
excess traffic in the vi
that Pot ice Chief lieI-son
extra patrol_ to the area
letter which he had received concerning
cinity of South Hill School. Ile reported
responded to the request by assigning an
to better control the traffic. 1
MAYOR'S APPOINTMENTS:
Y_6ufTFI3ureau Advisory Board
Mayor Shaw requested approval of the Council for appointment of
Albert Smith, S03 t}tica Street, to the Youth Bureau Advisory Board
for a terra to expire December 31, 1983. Tlr. Smith will be filling
the vacancy created by the resignation of Carl Fredericks.
214 -2- October 6, 1982
Resolution
By Alderman Banfield: Seconded by Alderman Killeen
RESOLVED, That the Council approves the appointment of Albert Smith,
503 Utica Street, to the Youth Bureau Advisory Board for a term to
expire December 31, 1983.
Carried Unanimously
Mr. Smith took the oath of office and was swornn in by City Clerk
Rundle.
Youth Bureau Advisory Board
Mayor Shaw requested approval of the Council for appointment of Ali_sOI
Norton, 207 South Hill Terrace, to the Youth Bureau Advisory Board
for a term to expire December 31, 1984, to fill the vacancy created by
the resignation of Christine Neimeth.
Resolution
By Alderman Banfield: Seconded by Alderman Killeen
RESOLVED, That the Council approves the appointment of Alison Norton,
207 South Hill_ Terrace, to the Youth Bureau Advisory Board for a
term to expire December 31, 1984.
Carried Unanimously
Miss Norton took the oath of office and was sworn in by City Clerk
Rundle.
Board of Zoning ADDeals
Mayor Shaw requeste approval of the Council. for appointment of
Michael Tomlan, 200 Delaware Avenue, to the Board of Zoning Appeals
for a term to expire December 31, 1982, to fill the vacancy created
by the resignation of William Wilcox.
Resolution
By Alderman Dennis: Seconded by Alderman. Schuler
RESOLVED, That the Council approves the appointment of Michael Tomlan,
200 Delaware Avenue, to the Board of Zoning Appeals for a term to
expire December 31, 1982.
Carried Unanimously
Affirmative Action Advisory Committee
Mayor S aw requested approval of ttTe- Council for appointment of
Frances Eastman, 302 South Plain Street, to the Affirmative Action
Advisory Committee for a term to expire December 31, 1983, to fil_]_
the vacancy created by the resignation of Michael Montgome;:y.
Resolution
By Alderman Holman: Seconded by Alderman Clynes
RESOLVED, That the Council approves the appointment of Frances
Eastman, 302 South Plain Street, to the Af_f"irmative Action Advisory
Committee for a term to expire December 31, 1.983.
Carried Unanimously
Youth Bureau Advisory Board
Mayor Shaw requested approval of the Council for appointment of
Lana Pfann, 206 Chestnut Street, to the Youth Bureau Advisory Board
for a term to expire December 31, 1982, to fill the vacancy created
by the resignation of Haralyn Kuckes.
Resolution
By Alderman Clynes: Seconded by Alderman Schlather
RESOLVED, That the Council approves the appointment of Lana Pfann,
206 Chestnut Street, to the Youth Bureau Advisory Board for a term
to expire December 31, 1982.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
1Vilcox Press
The f.ol. lowing persons spoke to the Council, expressing concern with
the continued emission of smoke and pollutants from Wilcox Press:
Neil Schwartzbach, 413 East Seneca Street
Donald Steinkraus, 107 East Marshall Street
Jeanne Subialka,
Margo Quinto, 309
Carolyn Peterson,
Joel Fredell, 312
-3-
104 Utica Street:
N. Aurora Street
110 Dey Street,
Farm Street
October 6, 1.982 25
Chairperson Fall Creek Civic
Assoc.
Letters concerning the problem from Susan Andrews, 107 E. Marshall St.
and Ashley Miller, 118 Cascadilla Avenue, were read to the Council.
A petition containing the signatures of 1.9 residents in the area was
presented to the Clerk. Alderman Dan Hoffman read a letter on the
subject from David McFarren.
West End Development
The following persons spoke to the Council., endorsing the proposed
plan for development of the West End:
Norman Joseph Barnes, 413 -415 Taughannock Blvd.
Pete Zaharis, 14S Iradell Road
William (Bud) Dillon, 127 W. State Street
Peter Trowbridge, 1345 Mecklenberg Road, Urban Design Consultant
Ithaca Farmers' Market
, George S eldon, 1511 Ridge Road, Lansing, N.Y. 14882, member of the
'' Board of Directors, Ithaca Farmers' Market, presented the following
0)) statement to the Council:
If)
in "The Directors of the Ithaca Farmers' Market believe that the present
market in the West End, or preferably, an improved and expanded
version of it in the same location, is in the best interests of the
Ithaca Farmers' Market and the People of the City of Ithaca.
S October 1982"
Enforcement of Noise Ordinance
Dan Peterson, 110 Dey Street, spoke to the Council regarding the noise
from Cornell University parties, and requested the City to take steps
through the proper channels to enforce the Noise Ordinance.
Community Gardens
Grstina Elmstrom, 601 N. Cayuga Street and Joel Fredell, 312 Farm Street,
spoke to the Council concerning a location for the community gardens
for the coming year.
Commonland Development - -Town of Ithaca
Isaac Beer, 317 W. Seneca Street, addressed the Council concerning
a resolution by the Town Board that the development of the Commonland
does not require an Environmental Impact Statement; that the watershed
is the responsibility of the City. He urged the Council to reaffirm the
decision of the Conservation Advisory Commission and examine the whole
issue of Commonland from the viewpoint of protecting the watershed.
COINIMUNICATIONS FROM THE MAYOR:
Dey Brothers
Mayor Shaw reported on the status of negotiations with Dey Brothers
Department Store, and on the UDAG and ARC applications for funds.
Employees' Safety Committee
Fi yor Shaw proposed the creation of a committee composed of repre-
sentatives of the five unions representing employees and five members
From management to serve as an advisory group and make recommendations
(4000� to supervision.
CITY ATTORNEY'S REPORT:
City Attorney Tavelli reported that a couple of lawsuits have been
filed since the Council's meeting in September:
The City has responded to the Paid Firemen's lawsuit, started early
in September; basically the City filed an answer alleging that the
Fire Commissioners in the City and the city employees have complied
with the City Charter which is specific as to how the money is
allocated. The City is waiting to see how they wish to proceed.
October 6, 1982
Cornell Heights Case
City Attorney Tavelli reported that Cornell University commenced
action against the city following the Board of zoning Appeals decision
and it is basically the same suit as the one started previously. He
reported that he is still having -talks with Cornell University's lawyer.
Wilcox Press
City Attorney Tavelli reported that Aldermen. Hoffman and Schuler had
asked him to look into the question of air pollution control. in Ithaca.
He is researching the matter in order to determine just what the City
can do.
Conrail
Alderman Clynes asked the City Attorney for an update on negotiations
with Conrail. City Attorney Tavelli_ reported having had discussions
with Conrail's officials. A new person is in charge who has promised,
somtime before the end of October, to come to Ithaca to meet with
Atty. Tavelli. His research indicates that it will be extremely
difficult for the City to pass local laws banning trains going through
the city at certain hours, and he does not recommend passing any laws
at this time.
Alderman Clynes presented a petition signed by 187 persons requesting
Conrail to cease the incidence of train traffic through the West End.
of the City of Ithaca during peak -hour traffic times, and requested
that City Attorney Tavelli send the petition to Conrail.
HUMAN SERVICES COMMITTEE:
Alderman Banfield announced that the Human Services Committee will
meet in a joint meeting with the County Human. Services Committee on
Tuesday, October 12, 1982, at 7:30 a.m. in the County Board Room,
Alderman Banfield reported that the committee, at its regular meeting,
will review the Tompkins County Human Services Coalition Report.
Alderman Banfield informed the - Council that he would send them copie
of the I.D. poster graphic design.
Recess
Common Council recessed at 9:07 p.m. and reconvened in regular session
at 9:15 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Six Mile Creek Hy ropower
By Alderman Dennis: Seconded by Alderman Myers
WHEREAS, Synergies under "Ithaca Hydro Associates" has filed two
applications for preliminary permits to study the feasibility of
developing hydropower facilities at 60 -foot dam and Van Natta's
dam, and
WHEREAS, Snyergics will have priority to receive any license that
may be issued for those sites without any recourse to control by the
City of Ithaca, if they receive the preliminary permit and file for
a license before the permit expires, and
WHEREAS, Federal regulations provide a period of 60 days for public
comment, during which to contest the awarding of the permit to
Synergics, and
WHEREAS, the City of Ithaca will be able to exert municipal preferen
over Synergics should we submit to F.E.R.C. a letter of intent to fit
for a preliminary permit at those sites by October 18th, and
WHEREAS, it is apparent that City involvement and control is needed
to see that imminent hydropower development within the Ithaca. area
occurs to the public good;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby
direct the Dept. of Planning and Development to prepare a letter of
intent to file applications for preliminary permits at the Sixty -
foot and Van Natta's dam sites to be followed by the filing of appli-
cations for said preliminary permits within the 180 - daytime period
allotted, and
_S_
October 6, 1982 27
BE IT FURTHER RESOLVED, That the Mayor is hereby authorized and
directed to submit such Letter of Intent to the appropriate regulatory
agencies no later than October 18, 1982, and
BE IT FURTHER RESOLVED, That the-Mayor is hereby authorized and
directed to reconvene the Ithaca Hydropower Commission to advise the
City regarding the creation of a Master Plan for Hydropower in the
Ithaca Area.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Dennis, Holdsworth, Holman, Myers, Schlather,
Banfield, Hoffman, Killeen, Schuler
Nay (1) - Clynes
Carried
West End Redevelopment Project
By Alderman Dennis: Seconded by Alderman Myers
WHEREAS, the 1971 General Plan for the City of Ithaca recommends that
m water and tourist - related redevelopment take place in the Cayuga
Inlet - Island area, and
(T) _
ff.) WHEREAS, the Common Council of Ithaca created in 1974 the Marine
°i Commercial Zoning district to encourage the type of development: in
the west end of the city, and
WIiEREAS, a market study performed by the American City Corporation
in 1981 confirmed the feasibility and demand for such development in
the west end of the city, and
WHEREAS, there has been expressed considerable interest by private
developers to invest in the area, and'
WHEREAS, the City of Ithaca has hired an urban design team to pre -
pare a land use and design plan for the Inlet- Island area to guide
private development, and such team has worked closely with the
Planning and Development Board and Staff as well as with private
developers, and
WHEREAS, the Planning and Development Board has accepted and approved
the plan submitted by the design team as the development plan to guide
private and public construction in the Cayuga Inlet area, and has
recommended to Common Council that it accept and approve said plan, and
WHEREAS, the. Planning and Development. Committee of Common Council, has
reviewed the plan;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council finds the
Cayuga- Inlet- Island Redevelopment Project: to be in the public interest
with significant public benefits likely in terms of jobs created,
property amenities, and quality of life for the City of Ithaca, and
BE IT FURTHER RESOLVED, That the Common Council does hereby accept
and approve in concept the urban design plan to guide public and
private construction in the Cayuga- Inlet - Island Area, and
BE IT FURTHER RESOLVED, That the Common Council authorizes the Planning
and Development Department to proceed into the implementation stage
of the redevelopment project; that it initiate steps to alienate City-
(4000" owned land along Taughannock Boulevard in accordance with State and
Federal laws and regulations; that it begin review of the question of
City involvement financially in the provision of needed public im-
provements as private development commitments are made; and that it
designate the Ithaca Urban Renewal Agency as.le.ad agent in negotiations
with developers.
Discussion followed on the floor.
28 -6- October 6, 1982
Amendment to Resolution (final BE IT FURTIiER RESOLVED)
By Al erman Dennis: Seconded by Alderman Holdsworth
BE IT FUR'T'HER RESOLVED, That the Common Council authorizes the
Planning and Development Department to initiate steps to alienate
City -owned land along Taughannock Boulevard in accordance with State
and Federal laws and regulations; to begin review of the question of
City involvement financially in the provision of needed public im-
provements; and as private developers' written commitments are re-
ceived, the Planning and Development Department can negotiate with
potential developers status of City -owned land in the West End
development area.
Discussion followed on the floor.
A vote on the Amendment resulted as follows:
Ayes (7) - Killeen, Dennis, Holdsworth, Holman, Schuler, Myers,
Clynes
Nays (3) - Banfield, Hoffman, Schlather
Carried
Main Motion as Amended
WHEREAS, the 1971General Plan for the City of Ithaca recommends that
water and tourist - related redevelopment take place in the Cayuga
Inlet- Island area, and
WHEREAS, the Common Council of Ithaca created in 1974 the Marine
Commercial Zoning district to encourage the type of development in
the west end of the city, and
WHEREAS, a market study performed by the American City Corporation
in 1981 confirmed the feasibility and demand for such development in
the west end of the city, and
WHEREAS, there has been expressed considerable interest by private
developers to invest in the area, and
WHEREAS, the City of Ithaca has hired an urban design team to pre-
pare a land use and design plan for the Inlet- island area to guide
private development, and such team has worked closely with the
Planning and Development.Board and Staff as well as with private
developers, and
Ell
WHEREAS, the Planning and Development Board has accepted and approved
the plan submitted by the design team as the development plan to guide
private and public construction in the Cayuga Inlet area, and has
recommended to Common Council that it accept and approve said plan,
and
WHEREAS, the Planning and Development Committee of Common Council has
reviewed the plan;
NOW THEREFORE, BE IT RESOLVED, That the Common Council finds the
Cayuga- Inlet - Island Redevelopment Project to be in the public interest
with significant public benefits likely in terms of jobs created
property amenities, and quality of life for the City of Ithaca, and
BE IT FURTHER RESOLVED, That the Common Council does hereby accept
and approve in concept the urban design plan to guide public and
private construction in the Cayuga - Inlet- Island Area, and
BE IT FURTHER RESOLVED, That the Common Council authorizes the
Planning and Development Department to initiate steps to alienate
City -owned land along Taughannock Boulevard in accordance with
State and Federal laws and regulations; to begin review of the
question of City involvement financially in the provision of needed
public improvements; and as private developers' written commitments
are received, the Planning and Development Department can negotiate
with potential developers status of City -owned land in the West End
development area. - -- - - -- -- -- - - _
-7-
October 6, 1982 29
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Hoffman, Killeen, Holman, Myers, Clynes, Schlather,
Schuler, Dennis, Holdsworth
Nay (1) - Banfield
Carried
Recycling Program
By Alderman Dennis: Seconded by Alderman Schuler
WHEREAS, the City of Ithaca has recognized the recycling of discarded
materials as a public policy issue, has created a Recycling Task Force
to examine options and opportunities for recycling programs in the
city; and has received its preliminary report; and
WHEREAS, solid waste disposal costs continue to rise, increasing the
attractiveness of ways to reduce the quantity of material that must
be disposed at taxpayer expense; and
WHEREAS, the United States continues to experience rising costs for
energy and materials as supplies dwindle, spurring efforts to use
these resources more efficiently and to develop unconventional sources
including recycling; and
WHEREAS, a number of other communities in upstate New York have imple-
mented successful recycling programs over the past few years; and
CD WHEREAS, the high level of social awareness exhibited by Ithaca citizens
offers an attractive opportunity to develop a high level of participa-
tion in a well- designed recycling program; and
WHEREAS, further progress in developing a recycling program for the
City of Ithaca will require active participation by the Department of
Public Works and the Board of Public Works to develop realistic cost
estimates and help design the changes that will be required in the
City's solid waste collection system;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Ithaca confirms its commitment to developing a City- sponsored recycling
program and requests,the Department of Public Works, the Board of
Public Works, and the Recycling Task Force to work together to prepare
a recommendation for a comprehensive City-wide recycling program, in
time for inclusion in the capital and operating budgets of the City for
fiscal year 1984.
Amendment to Resolution
By Alderman Sc lat er: Seconded by Alderman Holdsworth
RESOLVED, That "cost- effective" be added in the resolution, as follows:
Final WHEREAS to read: WHEREAS, further progress in developing
a cost- effective recycling program . . .
NOW, THEREFORE BE IT RESOLVED, That the Common Council of the
City of Ithaca confirms its commitment. to developing a City -
sponsored cost - effective recycling program . . .
NOW, THEREFORE BE IT RESOLVED, prepare a recommendation
for a comprehensive cost - effective City-wide recycling program,
A vote on the Amendment resulted as follows:
Carried Unanimously
Amendment to Main Motion as Amended
Ey Al erman Sc uler: Seconded —G Alderman Hoffman
RESOLVED, That "Conservation Advisory Council" be added after the
Department of Public Works in the NOW, THEREFORE BE IT RESOLVED.
Carried Unanimously
Main Motion as Amended
WHEREAS, the City of Ithaca has recognized the recycling of discarded
materials as a public policy issue, has created a Recycling Task Force
30 -8- October 6, 1982
to examine options and opportunities for recycling programs in the
city; and has received its preliminary report; and
WHEREAS, solid waste disposal costs continue to rise, increasing the
attractiveness of ways to reduce the quantity of material that must
be disposed at taxpayer expense; and
'1HEREAS, the United States continues to experience rising costs for
-- energy and materials as supplies dwindle, spurring efforts to use
these resources more efficiently and to develop unconventional. source,
including recycling; and
WHEREAS, a number of other communities in upstate New York have imple
mented successful recycling programs over the past few years; and
WHEREAS, the high level of social awareness exhibited by Ithaca citizens
offers an attractive opportunity to develop a high level of participa-
tion in a well- designed recycling program; and.
WHEREAS, further progress in developing a cost - effective recycling
program for the City of Ithaca will require active participation by
the Department of Public Works and the Board of Public Works- to develop
realistic cost estimates and help design the changes that will be
required in the City's solid waste collection system;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Ithaca confirms its commitment to developing a City - sponsored cost-
effective recycling program and requests the Department of Public Works
Conservation Advisory Council, Board of Public Works.and Recycling Task
Force to work together to prepare a recommendation for a comprehensive
cost-effective City -wide recycling program., in time for inclusion in the
capital and operating budgets of the City for fiscal year 1984.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Collegetown Conditional Developer Selection
By Alderman Dennis: econ e yJ6yTdee.rman Killeen
WHEREAS, the City of Ithaca a.nd Cornell University are working on a,
cooperative redevelopment effort in Collegetown, and
WHEREAS, the Common Council has directed the Department of Planning and
Development to proceed to the development phase in the Collegetown.
project, and
WHEREAS, the Common Council ha.s appointed the IURA as lead agency for
the project, and
WHEREAS, Common Council has directed that a Developer Sel.ecti_on.
Committee be appointed, and
WHEREAS, the Developer Selection Committee, after having solicited
developer interest and interviewed all interested parties, has
recommended that Travis and Travis be designated the conditional
preferred developer for the project, and
WHEREAS, the IURA has designated Travis and 'Travis the conditional
preferred developer for the Collegetown project;
i101V, THEREFORE, BE IT RESOLVED, That the Common Council affirms the
IURA designation of Travis and Travis as the conditional preferred
developer for the Collegetown redevelopment project, subject to the
conditions specified in the Conditional Developer Designation
memorandum of September 14, 1982, amended September 27, 1982,
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
J
-9-
October 6, 1.982 31
Community Gardens
By Al erman Dennis: Seconded by Alderman Hoffman
WHEREAS, the Community Gardens and Project Growing Hope provide low -
income families and other disadvantaged individuals with the means
and education to grow their own produce, learn gardening methods and
become self - reliant for one major source of nutritious food, and
WHEREAS, the Community Gardens and Project Growing Hope are committed
to the conservation and preservation of green spaces in the City of
Ithaca for the health and pleasure of its residents, and
WHEREAS, the Community Gardens and Project Growing Hope extend to
many residents of the City of Ithaca the opportunity to meet, learn,
exercise, and eat well at a minimum cost to both program participants
and the City of Ithaca;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council does recommend
to the Board of Public Works that temporary space be provided on City
owned property to Project Growing Hope for Community Gardens if the
Community Gardens is in need of such space, and
11) BE IT FURTHER RESOLVED, That the Common Council. request that the
( , ITHACA URBAN RENEWAL AGENCY make every reasonable effort to secure
the use of the original First Street site for Community Gardens through.
1 lease or purchase of this site from the present owner; and.
CID BE IT FURTHER RESOLVED, That Common Council, through the IURA, make
<t every reasonable effort to assist the Community Gardens and project
Growing Hope in finding permanent sites for Community Gardens in the
City of Ithaca.
Amendment to Resolution (first BE IT FURTHER RESOLVED)
By Alderman Banfield: Seconded by Alderman Holman
RESOLVED, That the first BE IT FURTHER RESOLVED be deleted.
(400e, Alderman Banfield read the following letter received from W. J. Watt:
"October S, 1982
Dear Council Members:
It: has been brought to my attention that a resolution is being pre-
sented to the Common Council concerning our property on First Street.
In order to dispel any misconceptions, my family and. I are not
interested in leasing or selling this property.
Sincerely,
W. J. Watt"
Discussion followed on the floor.
A vote on the Amendment to Resolution resulted as follows:
Ayes (6) - Banfield, Dennis, Holdsworth, Holman, Myers, Schlather.
Nays (4) - Hoffman, Killeen, Schuler, Clynes
Carried
A vote on the Amendment to Main Motion as Amended resulted as follows:
Amendment to Main Motion
as Amended
By Alderman Iloldswort
RESOLVED, That the final
Seconcec
RESOLVED
y Alderman Dennis
read as follows:
BE IT FURTHER RESOLVED,
That the
Community Development Agency continue
in its current efforts to
assist
the Community Gardens and project
Growing Hope in finding
permanent
sites for Community Gardens in the
City of Ithaca.
A vote on the Amendment to Main Motion as Amended resulted as follows:
`t
32
_10-
October 6, 1982
Ayes (9) - Banfield, Roffman, Killeen, Schuler, Dennis,
Holdsworth, Holman, Myers, Clynes
Nay (1) - Schlather
Carried
Tabling otion
By Alderman Holman: Seconded by Alderman Holdsworth
RESOLVED, That the motion be tabled.
A vote on the Tabling Motion resulted. as follows:
Ayes (2) - Holman, Holdsworth
Nays (8) - Banfield, Hoffman, Killeen, Schuler, Dennis, Myers,
Clynes, Schlather
Motion Defeated
Main Motion as Amended
WHEREAS, t e Community Gardens and Project Growing Hope provide low -
income families and other disadvantaged individuals with the means
and education to grow their own produce, learn gardening methods and
become self - reliant for one major source of nutritious foods and
WHEREAS, the Community Gardens and Project Growing Hope are committed
to the conservation and preservation of green spaces in the City of
Ithaca for the health and pleasure of its residents, and
WHEREAS, the Community Gardens and Project Growing Hope extend to
many residents of the City of Ithaca the opportunity to meet, learn,
exercise, and eat well at a minimum cost to both program participants
and the City of Ithaca.
NOW, THEREFORE, BE IT RESOLVED, That the Common Council does recommend
to the Board of Public Works that temporary space be provided. on City -
owned property to Project Growing Hope for Community Gardens if the
Community Gardens is in need of such space, and
BE IT FURTHER RESOLVED, That the Community Development Agency continue
in its current efforts to assist the Community Gardens and project
Growing Hope in finding permanent sites for Community Gardens in the
City of Ithaca.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Recess
Common Council recessed at 11:00 p.m, and reconvened in regular
session at 11:05 p.m.
CHARTER AND ORDINANCE COMMITTEE:
Charter anT Code Commission
By Alderman Schlather: Seconded by Alderman Holman
WHEREAS, periodic review of the City Charter, Municipal Code and
Administrative Code reflects the evolving need of the City govern-
ment and its citizens to re- examine the City's effectiveness over
the preceding years, and
WHEREAS, such an undertaking requires and benefits from the time and
perspective of individuals not involved in the operation of City
government, but knowledgeable or experienced in that subject area;
NOW, THEREFORE, BE IT RESOLVED, That the Mayor is authorized to
appoint a seven- member Charter and Code Commission, subject to the
approval of Common Council, to undertake a thorough review of the
City Charter, Municipal Code and Administrative Code, as set forth
below, and to report back its recommendations to the Charter and
Ordinance Committee of Common Council and the Mayor no later than
December 31, 1983, and.
BE IT FURTHER RESOLVED, That the appointments to that Commission
shall be non - partisan and individually approved by the majority of
Common Council, to serve without pay, and include a majority of
-11- October 6, 1.982 33
individuals who have expertise in City government, civic affairs or
public sector management, and
BE IT FURTHER RESOLVED, That this Commission be and it is hereby
authorized and directed to:
(1) Review the structure, purpose and accountability of Boards
and Commissions throughout City government including but not
limited to: their relationships to one another, to City
departments and to Common Council; their appointments; and
their terms.
(aw", (2) Review the mechanism(s) for promoting intergovernmental
relations between the City and other local governments,
including the School District, in all areas, e.g. fire,
public safety, transportation, youth, wastewater treatment
and water.
(3) Examine the committee structure of Common Council and its
liaisons to other bodies.
If) (4) Review and update the Administrative Code, department by
GO department, and the procedure for issuance of permits and
C fees.
�O (5) Review the functions and relationships of "staff" departments,
M e.g. City Clerk, City Attorney, Purchasing, Personnel, Civil.
Service, Affirmative Action and Planning.
(6) Review the City Charter, Municipal Code and Administrative
Code in an effort to eliminate duplication and obsolescence;
and
BE IT FURTHER RESOLVED, That each City employee, commission member
and board member, appointed or elected, is hereby requested to
provide assistance and information to this Commission, and
BE IT FURTHER RESOLVED, That this Commission shall be authorized
to request of Council a reasonable budget for its needs to be
submitted through the Office of City Attorney.
Discussion followed on the floor.
Amendment to Resolution
By J1 erman Dennis: Seconded by Alderman Myers
RESOLVED, That the first RESOLVED read as follows:
That the Mayor is authorized to appoint a seven- member Charter and
Code Commission subject to the approval of Common Council upon
recommendation of the Charter and Ordinance Committee . . .
Carried Unanimously
Amendment to Plain Motion as Amended
By Alderman Sc lat er: Seconded by Alderman Killeen
RESOLVED, That the second RESOLVED have added the following:
whose chair shall be elected by its membership, and
Carried Unanimously
Main Motion as Amended
WHEREAS, perio iew of the City Charter, Municipal Code and
Administrative Code reflects the evolving need of the City govern-
ment and its citizens to re- examine the City's effectiveness over
the preceding years, and
WHEREAS, such an undertaking requires and benefits from the time
and perspective of individuals not involved in the operation of
City government, but knowledgeable or experienced in that subject
area;
NOIV, THEREFORE, BE IT RESOLVED, That the Mayor is authorized to
appoint a seven- member Charter and Code Commission, subject to the
approval of Common Council upon recommendation of the Charter and
Ordinance Committee, to undertake a thorough review of the City
34 -12- October 6, 1982
Charter, Municipal Code and Administrative Code, as set forth below,
and to report back its recommendations to the Charter and Ordinance
Committee of Common Council and the Mayor no later than December 31,
1983, and
BE IT FURTHER RESOLVED, That the appointments to that Commission shall
be non - partisan and individually approved by the majority of Common
Council, to serve without pay, and include a nia.jority of individuals
who have expertise in City government, civic affairs or public sector
management, whose chair shall be elected by its membership, and
BE IT FURTHER RESOLVED, That this Commission be and it is hereby
authorized and directed to:
(1) Review the structure, purpose and accountability of Boards and
Commissions throughout City government including but not
limited to: their relationships to one another, to City depart-
ments and to Common Council; their appointments; and their terms.
(2) Review the mechanism(s) for promoting intergovernmental relations
between the City and other local governments, including the
School District, in all areas, e.g. fire, public safety, trans-
portation, youth, wastewater treatment and water.
(3) Examine the committee structure of Common Council and its
liaisons to other bodies.
(4) Review and update the Administrative Code, department by depart-
ment, and the procedure for issuance of permits and fees.
(S) Review the functions and relationships of "staff" departments,
e.g. City Clerk, City Attorney, Purchasing, Personnel, Civil
Service, Affirmative Action and Planning.
(6) Review the City Charter, Municipal Code and Administrative Code
in an effort to eliminate duplication and obsolescence; and.
BE IT FURTHER RESOLVED, That each City employee, commission member
and board member, appointed or elected, is hereby requested to
provide assistance and information to this Commission, and
BE IT FURTHER RESOLVED, That this Commission shall be authorized to
request of Council a reasonable budget for its needs to be submitted
through the Office of City Attorney.
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Banfield, Hoffman, Killeen, Dennis, Holdsworth,
Holman, Myers, Clynes, Schlather
Abstention. (1) - Schuler
Carried
Towing
AAll erman Schlather reported that the committee has not reached a
resolution on towing, but have sent it back to Cornell Pniversity
for work by those with expertise. He commented that the committee
is not trying to saddle private property owners with something
unacceptable, but are trying to make it as painless as possible
within the constitutional limitations embraced by us.
Plumbing Code
Alderman Schlather reported that the City Attorney had received an
informal opinion from the State Attorney General in connection with
the committee's efforts on the Plumbing Code, which states essentially
that any private property owner, as long as he isn't engaged in the
business of plumbing, can do plumbing work as long as it meets Code.
In addition, the Examining Board of Plumbers has exclusive rights to
control the licensing of plumbers %,rho are in the business.
-13- October 6, 1.982 35
BUDGET AND ADMINISTRATION COMMITTEE:
1981 Flood Damage Bonk '-
By Alderman Holman: Seconded by Alderman Banfield
WHEREAS, by bond resolution dated January 6, 1982, e Common Council
of the City of Ithaca, Tompkins County, New York, a thori_ zed, among
other things, the reconstruction of the bridge on 11ioga Street, at a
maximum estimated cost of $250,000, and authorized the issuance of
$100,000 serial bonds of s'ai'd 'City and the expenditure of $150,000
from the Capital Reserve Fund for Bridges (No. 4) of said City, to pay
the cost thereof; and
WHEREAS, it has now been determined that
(400e necessary to complete such project, and
for such project at such increased cost,
financing therefor;
ID
141_
an additional $80,00
it is now desired to
and provide add.iti_oWa
0 is
provide
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the
Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying add
costs of the reconstruction of the bridge on Tioga Street, t
hereby authorized to be issued an additional $50,000 serial
of Lite City of Ithaca, Tompkins County, New York, pursuant t
provisions of the Local Finance Law, and there are hereby authorized
to be expended an additional $30,000 from the Capital Reserve Fund
for Bridges (No. 4) of said City.
Section 2. It is hereby determined that' the maximum estimated cost
of the aforesaid reconstruction of the bridge on Tioga_ Street is
$330,000, which capital improvement is hereby authorized at such "
amount, and the plan for the financing;`thereof shall consist of the
following:
a) By the issuance of the $100,000 serial bonds authorized to be
issued therefor pursuant to bond resolution dated January 6, 1982;
b) By the expenditure of the $150,000 capital reserve fund moneys
authorized to be expended therefor pursuant to the aforesaid
bond resolution dated January 6, 1.982;
c) By the expenditure of'the additional $50,000 serial. bonds authorized
to be issued therefor pursuant to this resolution; and
d) By the expenditure of the additional. $30,000 capital reserve fund
moneys authorized to be expended therefor pursuant to this
resolution.
Section 3. It is hereby determined that the period of probable use-
fulness of the aforesaid specific object or purpose is twenty years,
pursuant to subdivision 10 of paragraph a of Section 11.00 o the "''� - - -_"
Local. Finance Law, computed from January 25, 1982, the date i
issuance of the first bond anticipation note issued for such rb
pursuant to the aforesaid bond resolution dated January 6, 1 8� t
Section 4. Subject to the provisions of the Local Finance La;
power to authorize the issuance of and to sell bond anti.cipa 101 t=�
notes in anticipation of the issuance and sale of the serial 0n.q
herein authorized, including renewals of such notes, is her
".41t.._.
gated to the City Controller, the chief fiscal officer. Such notes
shall be of such terms, form and contents, and shall be sold in such
manner as may be prescribed by said City Controller, consistent with
the provisions of the Local Finance Law.
Section S. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment of
the principal of and interest on such obligations as the same respec-
tively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year.
3f�
- -14-
October 6; 1982
Section 6. The validity of such bonds and bond anticipation notes
may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in. vi- olation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately shall
be published in full in The Ithaca Journal, the official newspaper,
together with a notice of the City Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Schuler
Aye
Ayers
Aye
Banfield
Aye
Dennis
Aye
Clynes
Aye
Hoffman
Aye
Holman
Aye
Schlather
Aye
Killeen
Aye
Holdsworth
Aye
Ayes (10) Carried Unanimously
Halliwell Associates, Inc.
By Alderman Holman: Seconded by Alderman Holdsworth
WHEREAS, the City of Ithaca has entered into a contract with
Halliwell Associates, in the amount of $19,400, for engineering
services associated with the preparation of the license application
for construction of a hydropower plant on Fall Creek, and
WHEREAS, Halliwell Associates have provided. services beyond the
original scope of this contract, and
WHEREAS, the contract between the City and Halliwell Associates
stipulates that additional services provided by Halliwell shall
be compensated at a per diem rate of $40 per hour, and -
WHEREAS, Halliwell Associates has submitted. a bill to the City in
the amount of $975 for additional services provided;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the
payment of $975 to Halliwell Associates for the additional services
provided, and
BE IT FURTHER RESOLVED, That $975 be transferred from Account A1990,
Contingency, to Planning Department Account A8020 -422, Fees for
Professional Services.
A vote on the resolution resulted as follows:
J
Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holinan,
Myers, Clynes, Schlather
Nay (1) - Banfield
Carried
D.P.W. Authorized Equipment
By Alderman Holman: Sec- oncTed by Alderman Schlather
RESOLVED, That the 1982 General Fund Authorized Equipment List be
amended to include the purchase of 1 - 36" bar chain saw, at a
cost not to exceed $424, as requested by the Board of Public Works,
and
-is-
October 6, 1982 37
BE IT FURTHER RESOLVED, That $424 be transferred from Parks and
Forestry Account A7111 -312, Equipment Parts and Supplies, to
Account A7111 -250, Other Equipment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Capital Projects Transfers of Funds
By Alderman Holman: Seconded by Alderman Schlather
WHEREAS, two construction contracts were recently completed on South
Aurora Street, and
WHEREAS, the Board of Public Works has requested additional funds
to cover cost overruns;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves
the transfer of $23,000 from Capital Project No. 128, Downtown
Traffic Control, and $12,000 from Capital Project No. 191, Handicapped
10 Access to City Hall, as follows:
-, $31,000 to Capital Project No. 190, South Aurora
ti1 and Prospect Streets
$4,000 to Capital Project No. 195, South Aurora Street
;yf Widening
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Budget Appropriation Transfers
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That the City Controller be empowered to make transfers
within the 1982 Budget Appropriations as may be needed, in accordance
with Section 2.24 of the City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Tax Certificate Fees
By Alderman Holman: Seconded by Alderman Holdsworth
WHEREAS, on September 2, 1959, Common Council. established a fee of
$1.00 for Tax Searches, and
WHEREAS, the City Chamberlain has recommended that the fee be in-
creased to $3.00 to reflect increased cost for providing this
information;
NOW, THEREFORE, BE IT RESOLVED, That a fee of $3.00 be assessed for
Tax Searches, such fee to be collected by the City Chamberlain at
the time of the Search; that a serially numbered receipt be issued
for each fee paid and that the fees be deposited in the General Fund
of tale City.
Carried Unanimously
Procedure To Fill Vacated Positions
By Alderman Holman: Seconded by Alderman Ioldsworth
WHEREAS, the Personnel Committee of the Budget and Administration
Committee has reviewed the "hiring freeze" as it is currently being
administered; and
WHEREAS, it has been determined that the procedures should be modified
to preclude Department Beads from having to personally appear before
Budget and Administration to fill each and every vacancy as it occurs,
although it remains important for certain positions to be so reviewed;
3r -16- October 6, 1982
NOW, THEREFORE, BE IT RESOLVED, That the following procedures be
adopted to fill vacancies within departments.
1. A roster of employees by position title will be submitted
annually as part of each Department's budget submission.
2. Once a roster is accepted by Common Council as part of the
Department's approved annual budget, the Department Head is
authorized to fill vacancies in that roster as they occur,
as follows:
a. As each vacancy occurs the Personnel Administrator will
notify each member of the Budget and Administration.
Committee and the Mayor by memo. This memo will include
the Department Mead's intentions concerning the filling
of that position.
b. If no one on the Budget and Administration Committee
objects to the particular position(s) being filled, no
further action is necessary and after 10 days the Personnel
Administrator will notify the Department Head that the
position can be fil.led.
C. If a member of the Budget and Administration Committee or
the Mayor believes the vacancy is in a position that needs
to be reviewed the Personnel Administrator will be noti-
fied within 10 days and the filling of the vacancy will_ be
suspended until the review has been completed.
3. All requests for additional positions to the roster, requests to
fill positions at a salary higher than the minimum in a salary
line, or any change in a position description that would place
the position on a different salary line must be submitted to
the Budget and. Administration Committee for approval..
4. It is understood that the above will be accomplished only after
all Civil Service regulations as applicable, and City of Ithaca
policies have been. met.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Schuler, Dennis, Holdsworth, Hol.man, Myers
Nays (3) - Schlather, Banfield, Clynes
Abstention (1) - Killeen
Carried.
Clarification of Personnel Manual
By Alderman Holman: Seconded by Alderman Holdsworth
WHEREAS, the Personnel Committee of the Budget and Administration
Committee has reviewed the provisions concerning fringe benefits
for part -time employees; and
WHEREAS, it has been determined that the provisions should be
clarified to preclude a misinterpretation of the pro-rated benefits
for part -time employees;
THEREFORE, BE IT RESOLVED, That page 194 of the City of Ithaca
Personnel Manual (applicability Paragraph IV B) be clarifiedl to
read;
B. With respect to fringe benefits:
1. An employee who works less than 50 percent of the
standard work week shall be entitled to Social
Security and Workman's Compensation.
2. An employee who works at least 50 percent of the
standard wo_k week but less than 30 hours per week
shall receive the paid leaves and Health Insurance
applicable to his or her bargaining unit on a pro-
rated basis.
-1?-
October 6, 1.982 39
3. Employees who work 30 or more hours shall be treated
as full -time employees.
Carried Unanimously
Audit
By Alderman Holman: Seconded by Alderman Killeen
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $25,104.21, as
listed on Audit Abstract #18/1982, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Secant Vacancy -- Police Department
Alderman Holman reported that fie —Budget and Administration Committee,
at its last meeting, granted the request of the Police Department to
fill the vacancy of Sergeant, and authorized the same.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Alderman Clynes asked i the New Y-o-r-V State Department of Transporta-
tion had returned the Planning Department questionnaire concerning
i1+ minutes of the meeting with them. At a meeting three weeks before
a representative of NYSDoT had informed her that they were formulating
answers and would return the completed questionnaire to Ithaca.
it Mayor Shaw responded that Mr. Van Cort had been out of the office for
a few days due to illness; therefore, he didn't know if the question-
naire had been received.
NEW BUSINESS:
By Alderman Hoffman: Seconded by alderman Schuler
WHEREAS, numerous City residents have complained that smoke and fumes
emitted from the Wilcox Press facility at 44S E. State Street are a
continuing detriment to the public health, comfort and well - being;
and
WHEREAS, the City's Conservation Advisory Council unanimously passed
a resolution, on May 29, 1982, asking that "existing City legislation
regarding offensive fumes be enforced in this situation (Wilcox Press),
if appropriate "; and
WHEREAS, the Fall Creek Civic Association, on June 14, 1982 and by a
vote of 23 -1, passed a resolution stating that the fumes were a
nuisance in the Fall Creek neighborhood and asking that the City en-
force existing ordinances against them; and
WHEREAS, the N.Y.S. Department of Environmental Conservation in May,
1982 found Wilcox Press to be in violation of three state air quality
laws, levied a $10,000 fine, and ordered the installation of air
pollution equipment by December 31, 1982; and
WHEREAS, the "interim measure" ordered by the DEC, namely installation
of two 60 -foot smokestacks, has not solved the problem of citizen
exposure to smoke and fumes; and
WHEREAS, there is a City ordinance to control smoke and fumes, and
the City Engineer is its enforcement agent;
(400e THEREFORE, BE IT RESOLVED, That Common Council desires the release of
smoke and fumes from Wilcox Press to be abated as soon as possible; and
BE IT FURTHER RESOLVED, That the City Attorney is requested to continue
researching the legal options available to the City in this case, and
their implications; and
BE IT FURTHER RESOLVED, That the City Engineer, or his designee, is
directed to take whatever action is possible, under the authority of
Sections 55.31 through 55.40 of the City of Ithaca Municipal Code, to
order the immediate abatement of illegal release of fumes and smoke
by h'ilcox Press, pending; the installation of pollution control equip-
ment as ordered by the DEC.
Discussion followed on the floor.
40 _lg- October 6, 1982
Amendment to Resolution
By Al erman Sc lat er: Seconded by Alderman Banfield esires
THEREFORE, BE IT RESOLVED, That Common sstltolbedabated asesoonea.se of
illegal smoke
possible; and
BE IT FURTHER RESOLVED, That Common Council directs the Mayor or his
designee to enter into negotiations with the Department of Environ-
mental Conservation and Wilcox Press, as necessary, to secure abate-
ment of the illegal smoke and fumes from Wilcox Press; and
BE IT FURTHER RESOLVED, That the City Attorney and City Engineer are
requested to continue researching the legal options available to the
City in this case, and their implications, and report the same to the
Conservation. Advisory Council and the Common Council within 1.4 days.
Delete the final RESOLVED of the original resolution.
Discussion followed on the floor.
A vote on the Amendment to Resolution resulted as follows,
Carried Unanimously
Further discussion followed on the floor.
Main Motion as Amended
HEREAS, numerous City residents have complained that smoke and fumes
emitted from the Wilcox Press facility at 445 E. State Street are a
continuing detriment to the public health, comfort and well - being; and
WHEREAS, the City's Conservation Advisory Council unanimously passed a
resolution, on May 29, 1982, asking that "existing City legislation
regarding offensive fumes be enforced in this situation (Wilcox Press),
if appropriate "; and
WHEREAS, the Fall Creek Civic Association, on June 14, 1982 and by a
vote of 23 -1, passed a resolution stating that the fumes were a.
nuisance in the Fall Creek neighborhood and asking that the City
enforce existing ordinances against them; and
WHEREAS, the N.Y.S. Department of Environmental Conservation in May,
1982 found Wilcox Press to be in violation of three state air quality
laws, levied a $10,000 fine, and ordered the installation of air
pollution equipment by December 311 1982; and
WHEREAS, the "interim measure" ordered by the DEC, namely installation
of two 60 -foot smokestacks, has not solved the problem of citizen
exposure to smoke and fumes; and
WHEREAS, there is a City ordinance to control illegal smoke and fumes,
and the City Engineer is its enforcement agent;
THEREFORE, BE IT RESOLVED, That Common Council desires the release of
illegal smoke and fumes -from Wilcox Press to be abated as soon as
possible; and
BE IT FURTHER RESOLVED, That Common Council directs the Mayor or his
designee to enter into negotiations with the Department of Environ-
mental. Conservation and Wilcox Press, as necessary, to secure abatem
of the illegal smoke and fumes from Wilcox Press; and
BE IT FURTIIER RESOLVED, That the City Attorney and City Engineer are,
requested to continue researching the legal options available to the
City in this case, and their implications, and report the same to the
Conservation Advisory Council and the Common Council within 14 days.
A vote on the Main Motion as Amended resulted as follows:
Unanimously
-19-
October. 6, 1982 41
November Meeting of Common Council -- Change of Meeting Place
By Al erman Holman: Seconded y Alderman Killeen
RESOLVED, That the November meeting of the Common Council will be
held in the Ithaca Center.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Commonland
Alderman Myers asked if a resolution would be passed concerning the
(4woel matter. Alderman Schlather responded that lie had requested that it
be researched by the City Attorney to determine whether he and the
City Engineer could find any laws requiring permits.
Mayor Shaw commented that he had asked Aldermen Banfield and Clynes
to carry it to the Board of Public Works.
ADJOURNMENT:
On a motion the meeting adjourned at 12 :2S a.m.
J ephl A. Rundle, City Clerk
1Vi]l�am R. S aw, Mayor
.1.4