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HomeMy WebLinkAboutMN-CC-1982-10-060 ID GO M 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