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HomeMy WebLinkAboutMN-CC-1983-02-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. February 2, 1.983 i PRESENT: Mayor - Shaw Aldermen (9) - Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler MINUTES: By Alderman Schuler: Seconded by Alderman Clynes RESOLVED, That the following addition be made to the minutes of January 5, 1983: p. 5, first sentence: "Discussion followed concerning possible violation of the Administrative Code" which more accurately describes the discussion. Carried Unanimously By Alderman Schlather: Seconded by Alderman Hoffman RESOLVED, That the Minutes of the January 5, 1982 meeting be approved as amended. Carried Unanimously ADDITIONS OR DELETIONS TO THE AGENDA: Budget and A ministration Committee Alderman Holman requested the addition of Item P, Firehose Replacement Fund; Items J, K, L and M change from Possible Resolution to Resolution; Item N is deleted from the agenda. No Council member objected. Special Order of Business Alderman Hoffman requested that the Addition to the Agenda, Filling Vacancy created by the resignation of Bryant Robey, be removed from the agenda as the nominations are not ready. He requested that there be discussion under New Business of the possibility of scheduling a special meeting of the Common Council to fill the seat. No Council member objected. MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Shaw requested approval of the Council for the appointment of Ms. Dawness Niehoff, 126 F. State Street, to the Commons Advisory Board for a term of office to expire December 31, 1984 to fill the vacancy created by the resignation of Scott McRobb. Resolution By Alderman Schuler: Seconded by Alderman Holman RESOLVED, That this Council approves the appointment of Ms. Dawness Niehoff to the Commons Advisory Board for- a term of office to expire December 31, 1984. Carried Unanimously ABSENT: Aldermen (1) - Banfield (Excused) OTHERS PRESENT: City Controller - Spano Plan. Bd. Appointee - Romanowski Del). Controller - Cafferillo Plan, Bd. Appointee - Moran Personnel Admin. - Collins Asst. Fire Chief - Olmstead Youth Bureau Dir. - Cutia CSEA (Admin. Unit) - Colleyacme Purchasing Agent - Clynes CSEA (Admin. Unit) - Gray Fire Chief - Tuckerman CSEA (Field Rep.) - Hennerty Building Commissioner - Hoard Exec. Union Rep. - Nyberg Dir. Planning & Development - Van Cort Exec. Union Rep. - Carpenter �O Supt. Public Works - Kinsella CSEA (DPW Unit) - Livingston Chief of Police - Herson CSEA (DPIV Unit) - Oltz (1. City Rep. Bd. of Rep. - Nichols City Clerk - Rundle (L; PLEDGE OF ALLEGIANCE: fI! Mayor Shaw led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderman Schuler: Seconded by Alderman Clynes RESOLVED, That the following addition be made to the minutes of January 5, 1983: p. 5, first sentence: "Discussion followed concerning possible violation of the Administrative Code" which more accurately describes the discussion. Carried Unanimously By Alderman Schlather: Seconded by Alderman Hoffman RESOLVED, That the Minutes of the January 5, 1982 meeting be approved as amended. Carried Unanimously ADDITIONS OR DELETIONS TO THE AGENDA: Budget and A ministration Committee Alderman Holman requested the addition of Item P, Firehose Replacement Fund; Items J, K, L and M change from Possible Resolution to Resolution; Item N is deleted from the agenda. No Council member objected. Special Order of Business Alderman Hoffman requested that the Addition to the Agenda, Filling Vacancy created by the resignation of Bryant Robey, be removed from the agenda as the nominations are not ready. He requested that there be discussion under New Business of the possibility of scheduling a special meeting of the Common Council to fill the seat. No Council member objected. MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Shaw requested approval of the Council for the appointment of Ms. Dawness Niehoff, 126 F. State Street, to the Commons Advisory Board for a term of office to expire December 31, 1984 to fill the vacancy created by the resignation of Scott McRobb. Resolution By Alderman Schuler: Seconded by Alderman Holman RESOLVED, That this Council approves the appointment of Ms. Dawness Niehoff to the Commons Advisory Board for- a term of office to expire December 31, 1984. Carried Unanimously `) -2_ February 2, 1983 Ms. Niehoff took the Oath of Office and was sworn in by the City Clerk. Commons Advisory Board Mayor Shaw requested approval of the Council for the appointment of ?,,Is. Annabelle Longwell, 118 Coddington Road, to the Commons Advisory Board for a term of office to expire December 31, 1984 to fill the vacancy created by the expiration of the term of Thomas Niederkorn. Resolution By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That this Council approves the appointment of Ms. Annabelle Longwell to the Commons Advisory Board for a term of office to expire December 31, 1984. Carried Unanimously Ms. Longwell took the Oath of Office and was sworn in by the City Clerk. Design Revietia Board Mayor —S Shaw requested approval of the Council for the appointment of Ms. Victoria Anagnost, 304 College Avenue, to the Design Review Board for a term of office to expire December 31, 1985. Resolution By —a A rman Dennis: Seconded by Alderman Schuler RESOLVED, That this Council approves the appointment of Ms. Victoria Anagnost to the Design Review Board for a term of office to expire December 31, 1985. Carried Unanimously Ms. Anagnost took the Oath of.Office and was sworn in by the City Clerk. Design Review Board Mayor Shaw requested approval of the Council for the reappointment of Mr. Marvin Adleman, 32 Cornell Street, to the Design Review Board for a term of office to expire December 31, 1985. Resolution Ry Alderman Dennis: Seconded by Alderman Killeen RESOLVED, That this Council approves the reappointment of Mr. Marvin Adleman to the Design. Review Board for a term of office to expire December 31, 1985. Carried Unanimously Mr. Adleman took the Oath of Office and was sworn in by the City Clerk. Planning Board Mayor S aw reported that after attending the Charter and Ordinance Committee he had appointed Harold Gerkin, Board of Public Works, as the Planning Board representative. Mayor Shaw requested approval of the Council for the reappointment of Richard M. Moran, 119 Oakwood Lane, to the Planning and Development Board for a term of office to expire December 31, 1985. Resolution By Alderman Holdsworth: Seconded by Alderman Schlather RESOLVED, That this Council approves the reappointment of Mr. Richard L M. Moran to the Planning and Development Board for a term of office to expire December 31, 1985. Carried Unanimously Mr. `loran took the Oath of Office and was sworn in by the City Clerk. Planning Board 1`layor Shaw requester} approval of the Council for the appointment of Mr. Robert Pomanowski, 612 W. Buffalo Street, to the Planning and Development Board for a term of office to expire December 31, 1984 to complete the term of Everett Stage who resigned. Resolution By Alderman Schlather: Seconded by Alderman Clynes RESOLVED, That this Council approves the appointment of Mr. Robert -3- February 2, 1983 83 Romanowski to the Planning and Development Board for a term of office to expire December 31, 1984. Carried Unanimously Mr. Romanowski took the Oath of Office and was sworn in by the City Clerk. Youth Bureau _Board Mayor Shaw requested approval of the Council for the appointment of Mr. Don Tobias, 5 Fairmount Avenue, to the Youth Bureau Board for a term of office to expire December 31, 1985, to succeed Pat Novarr. Resolution By Alderman Dennis: Seconded by Alderman Killeen RESOLVED, That this Council approves the appointment of Mr. Don Tobias to the Youth Bureau Board for a term of office to expire December 31, 1985. Carried Unanimously Mr. Tobias took the Oath of Office and was sworn in by the City Clerk. k! Ff, Mayor Shaw informed the Council that he had appointed Mr. Edward Austin, 104 Williams Glen Road, to the Ithaca Housing Authority for a five- year term, expiring October 17, 1987; also, that he appointed Mr. William i� Humble to the Tompkins County Youth Board for a term to expire December 31, 1983, replacing Gerald Tucker on that Board. .1 COMMUNICATIONS: Circle Greenway Mayor Shaw reported that he had received a position paper on Six Mile Creek from Circle Greenway Committee, and that he wishes to have a meeting of the representatives from the Planning & Development Board, Planning & Development Committee, Board of Public Works, Conservation Advisory Council, Hydropower Committee & Circle Greenway Committee to talk about a work plan to bring together a variety of current issues (wool, facing the city in that area. Letter from City of Rochester Mayor Shaw reported that he received a letter from the City Clerk of Rochester, N.Y, attached to a Certified Copy of Resolution No. 83 -3 which was adopted on January 11, 1983 by the Rochester City Council, urging action to stop the escalation and reduce the cost of natural gas. The letter will be made available in the City Clerk's office for any who wish to read it. Passing of Former Ithaca Police Chief William C. Simmers Mayor Shaw informed the Council that William C. Simmers who served the Ithaca Police Department 24 years, 7 of them as Police Chief, had expired on December 20, 1982 in Orlando, Florida. His widow, Mrs. Elizabeth D. Simmers, 1924 Hoffner Avenue, Orlando, Florida 32809, survives him at that address. Mayor Shaw suggested that the Council convey their respects by letter to Mrs. Simmers. Resolution By Alderman Schuler: Seconded by Alderman Killeen RESOLVED, That the Ithaca City Council send an appropriate message to Mrs. Elizabeth'D. Simmers. Carried Unanimously HUMAN SERVICES COMMITTEE: Coe, Tour of Youth Facilities Alderman Schuler reported that on the previous Saturday 8 members of the Council, members of the Board of Public Works and some members of the Youth Bureau Board toured the },outh Facilities, and that the tour was very informative and enlightening. Information handouts were given to members of the tour. Bar Bus Alderman Schuler reported that one tavern in the county, as of this Friday, is establishing a bar bus to take patrons from Ithaca College and Cornell University and bring them back at the end of the evening so there will be fewer cars on the road and less accidents. She suggested that the Council support this effort. 8-1 -4- February 2, 1983 BUDGET AND ADMINISTRATION COMMITTEE: C.S.E.A. AT ministrative Unit Contract By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. - Administrative Unit, effective January 1, 1983, be approved as recommended by the City's negotiator and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. Carried Unanimously C.S.E.A. - D.P.W. Unit Contract By Al erman Holman: Seconded by Alderman Schlather RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. - D.P.W. Unit, effective January 1, 1983, be approved as recommended by the City's negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. Carried Unanimously Executive Association Contract By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Agreement between the City of Ithaca and the City Executive Association, effective January 1, 1983, be approved as recommended by the City's negotiator and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. Carried Unanimously 1983 and 1984 Compensation for Those Employees Not Covered by Contract By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That all City employees who are not covered by a formal Union Contract, excluding positions designated as management, be granted increases for 1983 and 1984 and fringe benefits in accordance with the following: Positions designated as confidential and the unrepresented titles of Administrative Assistant to the Mayor, Administrative Secretaries, and Civil Service Executive Secretary shall be treated as if they were members of the C.S.E.A. Administrative Contract, excluding Golf Course Manager; and be it further RESOLVED, That those positions designated as management not be granted increases in compensation or fringe benefits at this time, and be it further RESOLVED, That consideration for those positions designated as manage- ment be extended at a later date. Discussion followed on the floor. Responding to Alderman Holdsworth's suggestion that a specific time be set, Alderman Holman indicated that the committee should have a recommendation on the management positions at the March meeting of the Council. A vote on the resolution resulted as follows: Carried Unanimously Fire Department Equipment Standardization By Alderman dolman: Seconded by Alderman Schlather WHEREAS, this Common Council has been requested to standardize on Motorola radio equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department, and WIfEREAS, it is deemed to be in the best interest of the City of Ithaca, for reasons of efficiency, compatibility and economics, to approve such standardization for the following reasons: (1) The City of Ithaca Fire Department presently has all Motorola portable two -way radios and minitor receivers. (2) Standardization would provide the need for only one Service Contract for the portable radios. -5- February 2, 1983 815 (3) The Motorola two -way radios in the fire vehicles belong to the county and are maintained by them, (4) The present Motorola radio equipment has been satisfactory to the uses of the Fire Department; now, therefore, be it RESOLVED, That pursuant to Subdivision S, Section 103 of the General. Municipal Law of the State of New York, this Common Council of the City of Ithaca hereby authorizes the standardization of Motorola equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department during the year 1983, Carried Unanimously Southside Community Center Building Storm Windows_ By Alderman Holman: Seconded by Alderman Schlather WHEREAS) the Energy Task Force has received project referrals from the Energy Commission, and WHEREAS) the Energy Task Force has recommended to the Board of Public Works that storm windows be installed on the Southside Community Center Building, and 141 WHEREAS, the Board of Public Works has unanimously endorsed this I�! recommendation; now, therefore, be it RESOLVED, That this Common Council approves the installation of storm windows on the Southside Community Center Building, at a cost not to exceed $7,000, and be it further RESOLVED, That an amount not to exceed $7,000 be transferred from Account A9550 -8, Transfer to Capital Reserve Fund, to Account A162S- 419, Southside Community Center Building Property Maintenance. Carried Unanimously Bus Grant Agreement Amendment By Alderman Holman: Seconded by Alderman Schlather WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to purchase two (2) 35 -foot passenger buses, and WHEREAS, the New York State Department of Transportation has notified the City of the availability of the Fourth Year, Section 18 funds that can be applied toward the purchase of a new bus, and WHEREAS, our pending application for new transit buses has been amended from two (2) to three (3) , and WHEREAS, the Board of Public Works has unanimously approved the amended application; now, therefore, be it RESOLVED, That this Common Council approves the amended application for the purchase of one (1) additional 35 -foot passenger bus, Discussion followed on the floor. Amendment to Resolution By Alderman Dennis: Seconded by Alderman Schuler and, be it further RESOLVED, That the buses be purchased equipped with air conditioning. Discussion followed on the floor, A vote on the amendment resulted as follows: Ayes (4) - Dennis, Killeen, �'chuler, Myers Nays (5) - Roffman, Itoldsworth, Holman, Clynes, Schlather Motion Defeated A vote on the main motion resulted as follows: Carried Unanimously 86 -6- February.2, 1983 Police Department Equipment Standardization Resolution #1: By Alderman Holman: Seconded by alderman Schlather WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment as the type of equipment to be used in the City of Ithaca, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City, for reasons of efficiency, compatability and economics, to approve such standardization for the following reasons: j, 1. The City of Ithaca Police Department. presently has Controlonics voice scrambler equipment installed in the mobile units and the main communication desk. 2. Compatability is not possible with other brands of voice scrambling equipment. 3. The cost of maintenance, parts and service will be less than if different types of equipment were being used; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Controlonics equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1983. Carried Unanimously Resolution 92: By Alderman Holman: WHEREAS, this Common Police Department to type of equipment to the City to purchase representative there Seconded by alderman Holdsworth Council has been requested by the City of Ithaca standardize on Motorola radio equipment as the be used in the City of Ithaca, and to authorize approved equipment from the manufacturer, or a of, and. WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatability and economics to approve such standardiza- tion for the following reasons: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio console. 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. S. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New fork, this Common Council hereby - authorizes the standardization of 'Motorola radio equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1983. Carried Unanimously -7- February 2, 1983 87 Youth Bureau Equipment By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the 1983 Authorized Equipment List for the Youth Bureau be amended to include the purchase of a 1 -1/2 ton floor jack, at a cost not to exceed $180, and be it further RESOLVED, That an amount not to exceed $180 be transferred from the Youth Bureau Account A7310 -311, Program Supplies, to Account A7310.250, Other Equipment, as requested by the Youth Bureau Director, Carried Unanimously Youth Bureau Personnel Roster (moo, By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the 1983 Personnel Roster of the Youth Bureau be amended as requested by the Youth Bureau Director, as follows: Add - 1 Recreation Specialist Delete 2 Recreation Leaders Discussion followed on the floor. �.i A vote on the resolution resulted as follows: Carried Unanimously r jf Tompkins County Mental Health Agreement By Alderman Holman: Seconded y Alderman Schlather RESOLVED, That the Mayor and City Clerk be, and they are, hereby authorized and directed to execute an agreement with the Tompkins County Mental Health Board, for the year 1983, to provide a four - week summer day camp program to provide mentally retarded/develop - mentally disabled children of the residents of the County of Tompkins (and others) personal enjoyment and fun during the camp session, and to teach recreational activities that the campers might partici- pate in upon completion of the camping session, will be desirable and beneficial to such residents; and to provide recreational leisure time activities to mentally retarded /developmentally disabled adults during times when regular agency services are not operating, so as to provide opportunities for increased socialization experiences, to improve over -all physical condition and general health and to provide experience which will promote personal feelings of success, self worth, accomplish- ment and achievement, for a fee not to exceed. $43,065.00. Carried Unanimously Ithaca Area Wastewater Treatment Plant By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the authorization for the so- called Phase 2 Planning and Design of the future capital improvement (Ithaca Area Wastewater Treatment Plant), be hereby increased by $198,101.24, which amount represents the first year interest costs on temporary financing, and be it further RESOLVED, That $198,101.24 of innterest earnings on the investment of the available capital project balance re Phase 2 Design of the Ithaca Wastewater Treatment Plant, be allocated to the payment of such interest due on temporary financing. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Position Titles in 1983 Budget By Alderman Holman: Seconded by Alderman Schlather Ih:HEREAS, the Civil Service Secretary has reviewed the position titles listed in Schedule 4 of the 1983 Adopted Bridget, and WHEREAS, it has been determined that a lack of conformity exists; now, therefore, be it RESOLVED, That the City Controller be directed to make the necessary changes as follows: 88 -8- February 2, 1983 From Parking Meter Serviceman Building Inspector Asst. Supt. of Public Works Building Supervisor Grounds Supervisor Fleet Maintenance Supervisor Auto Mechanic Supervisor Auto Mechanic Auto Mechanic Helper Water Maintenance Supervisor Sewer Maintenance Supervisor General Maintenance Supervisor Water Meter Supervisor Chief Water Plant Operator Asst. Chief Water Plant Operator Chief Sewer Plant Operator Asst. Chief Sewer Plt. Operator Water Plant Operator Sewer Plant Operator To Meter Serviceman Building Inspector II Asst. to Supt, of Public Works Buildings Systems Supervisor Parks and Grounds Supervisor Motor Equip. Maint. Supervisor Automotive Mechanic Foreman Automotive Mechanic Automotive Mechanic Helper Water Maintenance Foreman Sewer Maintenance Foreman GeneralNhintenance Foreman Water Meter Foreman Chief Water Treatment Plant Ope Asst. Chief Water Treat. Plt. 0 Chief Sewage Treatment Plant Op Asst. Chief Sewage Treat. Plt. Water Treatment Plant Operator Sewage Treatment Plant Operator r. per. er. Oper. Amendment to Resolution By Alderman Killeen: Seconded by Alderman Myers RESOLVED, That the message be conveyed to the Civil Service Commission that Position Titles be examined and that the titles be changed to titles non - sexist in nature. Carried Unanimously A vote on the main motion resulted as follows: Carried Unanimously Audit By Alderman Holman: Seconded by alderman Schlather RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $10,444.84, as listed on Audit Abstract #2/1983, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Fire Hose Replacement Funds By Alderman Holman: Seconded by Alderman Holdsworth WHEREAS, the 1983 Adopted Budget included $140,000 from Revenue Sharing Funds for the purchase of a complete new hose system for the Fire Department, and WHEREAS, bids were received which resulted in a low bid of $150,606; now, therefore, be it RESOLVED, That this Common Council approves additional funds in the amount of $11,000, as requested by the Board of Fire Commissioners, and be it further RESOLVED, That $11,000 be transferred Fund Contingency, to Account A9550 -79 Discussion followed on the floor, A vote on the resolution resulted as Council recessed at 9:05 p.m. and rec 9 :1 5 P.M. from Account A1990, General Transfer to Capital Fund. follows: Carried Unanimously onvened. in Regular session at 0 D BOARD OF REPRESENTATIV_E_S_: EOC Corporation . Nic ols reported that she was informed that the Board of the Economic Opportunity Corporation would be made up of 36 members, two of which would be annointed to renresent the City. Appointments will be made by April 1.' She feels there are matters handled by the corporation which are of interest to the City. -9- February .2, 1983 811) Time Frame for Old County Hospital Disposition Rep. Nichols reporte that at the January meeting Chairman Dates asked the Planning and Development Committee to come in with a formal. recom- mendation, on or before May 17, regarding the disposition of the hospital. Two meetings are scheduled in February to explore some of the factual bases and the state of the offer to buy the Old County Hospital building. PLANNING AND DEVELOPMENT COMMITTEE: State Takeover of Community Development Block Grant By Alderman Dennis: Seconded by Alderman Clynes WHEREAS, the City of Ithaca has been a participant in the Small Cities Program for over four years and has had an opportunity to fully experi- ence the administration of the program through the HUD Buffalo office, and WHEREAS, the City of Ithaca is strongly in support of the goals of the Community Development Program and Small Cities program to predominately assist low and moderate income people, especially in the area of housing, and i WHEREAS, the selection criteria of HUD for a participating community assure that communities are chosen on the basis of numbers of lower income people through the Small Cities Program and those selection criteria should not be changed, and -I- WHEREAS, the Federal Government allows states to take over administra- tion of the CD Block Grant and it has been suggested that eligible, participant counties receive funds on an "entitlement" basis, and WHEREAS, the County and the State are two levels of government in New York State which have had no experience in the administration of the Small Cities Program thus far, now, therefore, be it RESOLVED, That the Common Council, upon recommendation of the Planning k4wo.-I and Development Committee, opposes both State takeover and County distribution of the Small Cities funds, and be it further RESOLVED, That the Clerk is hereby directed to convey this resolution to the County Board of Representatives, Southern Tier East Regional. Planning & Development Board, Governor Cuomo, State Assemblyman MacNeil, State Senator Riford, Senator D'Amato, Senator Moynihan and Representa- tive McHugh. Carried Unanimously Relocation of Department of Social Services By Alderman Dennis: Seconded by Alderman Schuler WHEREAS, the Tompkins County Board of Representatives is considering potential County use of the former Old County Hospital, and WHEREAS, the County Department of Social Services and other direct service agencies are being considered for relocation to the Old County Hospital, and IVIIEREAS, a substantial number of City residents and a significant number of County residents will be adversely affected by the contempla- ted relocation of the Department of Social Services and these agencies, and (4000�1 WIiEREAS, the Common Council feels that the needs of those people living in the City who are serviced by the County offices considered for relocation, will be inadequately met by relocation, and NHEREAS, cost of renovating the Old County Hospital has not been substantiated, and WHEREAS, a substantial percentage of service recipients walk to the present service agency offices, and WHEREAS, the cost of transporting services recipients and providers to and from the Old County Hospital has not been investigated, and 90 ..10 -- February 2, 1983 WHEREAS, the net economic benefit to taxpayers of the County of a move of service agencies to the old City Hospital has not been demonstrated; now, therefore, be it RESOLVED, That the Common Council does hereby request that there be no relocation of the suggested County agencies to the Old County Hospital, and be it further RESOLVED, That Common Council requests that further planning for multiple usage or disposition of the facility be explored jointly by the County of Tompkins, the City of Ithaca and the Town of Ithaca, and be it further RESOLVED, That the Clerk is hereby directed to convey this resolution to each member of the County Board of Representatives, with specific notification of the action of the Common Council to the five repre- sentatives of the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously DeWitt Park Gazebo Proposal By Alderman Dennis: Seconded by Alderman Schuler WHEREAS, construction of a gazebo in DeWitt Park has been proposed, and WHEREAS, the Ithaca Landmarks Preservation Commission has referred the proposal to the Planning & Development Committee of Common Council_, and WHEREAS, the Planning and Development Committee feels that such a structure would be an appropriate addition to the DeWitt Park; now, therefore, be it RESOLVED, That the Common Council endorses the concept of construction of a gazebo in DeWitt Park at no cost to the City;.and be it further RESOLVED, That the proposal be returned to the Ithaca Landmarks Preservation Committee for review and action on the design of the gazebo. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously West End Development Alderman Dennis reported that the committee are working to develop a way to. request proposals for West End development. Hydropower Report Alderman Dennis reported that although we were originally scheduled this month to fund a feasibility study for Six Agile Creek, the Board of Public Works and Conservation Advisory Council have some concerns they want to discuss first. fie said it looks as though they would get the permit for the study on February 1Sth. Also, there is a move afoot to declare the whole watershed a critical. area. He said nothing has been heard about the city's application concerning Ithaca Falls. Rezoning of Parcels Adjacent to Downtown Alderman Dennis reported that the planning staff are looking at these parcels and will recommend to the Planning and Development Committee; after they have looked at it, it will be referred to the Charter and Ordinance Committee. CHARTER AND ORDINANCE COMMITTEE: i'ro ose Ordinance Amen ing CFiapter 60 Entitled "Traffi'c and Vehicles" By :alderman Sc slather: Seconded by Alterman Clynes ORDINANCE N0. 83 -2 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE. -11- February 2, 1983 91 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is amended as follows: 1. That Subdivision A(2) of Section 60.61 entitled "Removal of abandoned or illegally parked vehicles" is hereby amended to read as follows: "2. When any vehicle is found unattended on any highway, public parking lot or private property within the City where said vehicle constitutes an obstruction to traffic, a safety hazard or obstructs ingress and egress to private property, said vehicle may be removed by the Superintendent of Public Works or by order of the Ithaca Police Department, or at the direction of the private property owner." 2. That Subdivision A(3) of Section 60.61 entitled "Removal of abandoned or illegally parked vehicles" is hereby repealed. }� 3. That the first paragraph of Subdivision B(1) of Section 60.61 entitled "Removal of abandoned or illegally parked vehicles" is (1i hereby amended to read as follows: lit "B. Storage and charges. 1. After removal of any vehicle as provided in this Article, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner, or persons in charge of the vehicle, may redeem the vehicle upon payment to the responsible Wrecker Service facility the amount of all expenses actually and necessarily incurred in effecting such removal not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible Wrecker Service facility for the cost of said charges. The owner, or persons in charge of the vehicle, may request a tow -away investigation by the City Attorney's Office and /or a hearing before an impartial officer designated by the City Attorney's Office to determine whether the towing of the vehicle was authorized by this Section. Such investigation and /or hearing shall be held within five business days after the request therefor. The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this Section. If it is determined that the tow was not authorized under this Section, the owner of the vehicle shall be discharged or any obligation for the removal and storage charges. If it is determined that the tow was not authorized under this Section, then the City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department; in all other cases, such charges are recoverable in the appropriate civil court by the Wrecker Service facility from the private property owner who directed the tow. Where the tow is authorized by a private property owner, he or she shall receive notice of any hearing requested. If the owner, or persons in charge of the vehicle, do not claim the vehicle or request a review and /or hearing within fifteen (1S) clays of being notified of the tow, the City shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law." 4. That Subdivision C of Section 60.61 entitled "Removal of abandoned or illegally parked vehicles" is hereby amended to read as follows: 92 -1 "l- February 2, 1.983 "C. Notice of removal. The removal and the disposition of any, vehicle removed as provided in this Section shall be renorted without delay to the Ithaca Police Department by the responsible Wrecker Service facility, and it shall be the duty of the Ithaca Police Department to ascertain to the extent Possible the owner of the vehicle or persons in charge of the vehicle and notify him or her of the following information as soon as practicable: 1. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. 2. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. 3. That a review of the tow by the City Attorney's Office and /or a hearing before an impartial officer designated by the City Attorney's Office regarding whether the tow was authorized by this Section may be requested. 4. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released.from storage, unless it is determined that the tow was not authorized. S. That if the vehicle is not claimed or a review and /or hearing requested within fifteen (1S) days, the City shall confirm a lien against the vehicle for the amount of accrued towing and storage fees and Proceed to sell the vehicle at public auction as provided by law." S. That a new Subdivision to be known and designated. as Subdivision D of Section 60.61 entitled "Removal of abandoned or illegally parked vehicles" to follow Subdivision C is hereby added to said Chapter to read as follows: "D. Procedure for other towing of vehicles. Except for instances involving property appurtenant to and' obviously a Part of a one, two or three - family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense - in all of which instances no further notice shall be required prior to towing or removal the Superintendent of Public Works, the Ithaca Police Department and the Ithaca City Clerk shall not otherwise authorize or participate in the towing, storage or disposition of vehicles illegally narked or abandoned unless the owner or persons) in charge Of the vehicle is first notified. The owner or person(s) in charge of the vehicle shall be notified in one of the three following ways: 1. By issuance of a duly authorized traffic ticket for illegal parking: or 2. By written notice which shall be posted on the windshield of the vehicle and which sets forth the following information: a. That the vehicle is illegally parked, abandoned or in trespass, as the case may be; and b. That, if the vehicle is not first removed, it shall be towed after four hours to a local responsible Wrecker Service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle; and C. The time and date when the notice was posted; or 3. Posted signage on the premises meeting the following require- ments: -13- February 2, 1983 93 a. The notice must be prominently placed on the premises, and be continuously maintained on the premises for twenty -four hours prior to the towing or removal of any vehicle from the premises. b. The notice must clearly indicate, in not less than two inch high letters on a contrasting background that unauthorized vehicles will be towed away at the owner's expense. The notice must state clearly how long, if at all, or under what conditions, a vehicle may park before being towed or removed from the premises. C. The sign structure must comply with the provisions of the Sign Ordinance of the City of Ithaca (Chapter 34 of the Municipal Code). If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under Subdivisions B and C above. It is not intended by this removal procedure to deny a private property owner any and all remedies for the removal of trespassing vehicles on his private property which may currently exist at-law, provided that such removal and subsequent disposition of the vehicle does not involve the City in any way." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in �I. Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Aldermen Clynes and Holman commended the Committee for the time and effort that the committee had spent on the ordinance. Proposed Ordinance Amending Chapter 60 Entitled "Traffic and Vehicles" By Alderman Sc}ilather: Seconded by Alderman Flyers ORDINANCE NO. 83 -3 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 60.59 entitled "Civil penalty for violation of Article" is hereby amended to read as follows: "S 60.59 Civil penalty for violation of Article Notwithstanding the provisions of S 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation." Section 2. This ordinance shall take effect April 1, 1983, and in accordance with law upon publication of a notice as provided in Section'3.1.1(B) of the Ithaca City Charter. Amendment to Resolution I3y Alderman Dennis: Seconded by Alderman Schlather RESOLVED, That a civil penalty in the sum of Two Dollars ($2.00) may be paid. . . instead of Three Dollars ($3.00). Discussion followed on the floor. 9 =1 14- February.2, 1983 A vote on the amendment resulted as follows; Ayes (7) - Killeen, Schuler, Dennis, Holdsworth, Holman, Cl.ynes, Schlather Nays (2) - Hoffman, Myers Carried Main Motion as Amended ORDINANCE N0, 83 -3 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 60.59 entitled "Civil penalty for violation of Article" is hereby amended to read as follows: "S 60.59 Civil penalty for violation of Article Notwithstanding the provisions of g 60.100 a— in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of Two Dollars ($2.00) may be paid if such sum is paid within twenty -four (24) hours of such violation." Section 2. This ordinance shall take effect April 1, 1983, and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Discussion followed on the main motion as amended. A vote on the main motion as amended resulted as follows; Carried Unanimously Conrail By Alderman Schlather: Seconded by Alderman Clynes WHEREAS, Conrail daily operates long trains on tracks located on the west side of the City of Ithaca; and WHEREAS, these tracks are only traversable within the city by at -grade crossings; and WHEREAS, these tracks separate a substantial number of the people of the City of Ithaca and County of Tompkins on the east side of the tracks from the Tompkins Community Hospital, located on the west side of the tracks, which hospital is the only hospital in the county; and WHEREAS, these tracks also separate a substantial number of the people of the City of Ithaca and the Town of Ithaca on the west side of the tracks from all fire and ambulance protection upon which these people depend, which fire station and ambulance facilities are all located on the east side of the tracks; and WHEREAS, the City of Ithaca has documented numerous occasions when Conrail has operated trains through the City at potentially critical tames; including 6:00 a.m. to 9:00 a.m. and 3 ;00 p.m. to 7 :00 p.m., despite Conrail`s prior assurances that such operations would cease and WHEREAS, residents of the City, by petition, and this Common Council, by resolution, have urged Conrail to take corrective measures as appropriate to resolve this continuing problem; and WHEREAS, it appears that the New York State Commissioner of Trans- portation h--is the authority to regulate the passage of trains through the City of Ithaca in the interests of public safety; now, therefore, be it -15- February 2, 1.983 RESOLVED, That the Ithaca City Attorney be, and he is hereby, directed to file a complaint on behalf of the people of this community with the New York State Commissioner of Transportation requesting both an investigation and order as appropriate to control the passage of trains through the west end of the City of Ithaca during the potentially critical periods of 6:OO a.m, to 9:00 a.m, and 3:00 p.m. to 7:00 p.m.; and be it further RESOLVED, That this resolution, together with any supporting docu- mentation filed herewith, be forwarded to the Commissioner of Transportation along with the complaint. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Board of Public Works Liaison to Planning Board Alderman Schiather reported that after discussing the matter, the committee's recommendation was to lease the position as it is. There is a history of it which goes back to 1926, and the whole issue of I?) liaisons should be looked at and may be when the Charter and Code is (.t i reviewed. t' + ENERGY COMMISSION: Alderman Holman reported that the Energy Commission has compiled the statistics showing the difference in energy consumption in 1981 and 1982, and are working to put it into an easily readable form. She described some of the things which have been done, such as covering all windows in City Hall with plastic which can be easily removed and rolled up for storage during the warm months. CIRCLE GREENWAY COMMITTEE: Alderman Clynes pointed out that all council members had been given copies of Circle Greenway's Recommendations for the Best Use of Six- Mile Gorge and read the following paragraph from it: "In summary, Circle Greenway recommends that the City of Ithaca designate Six -Mile Gorge from Aurora Street upstream to the City Line a NATURAL AREA, and that the Wildflower Preserve be considered an integral part of the NATURAL AREA." REPORT OF SPECIAL COMMITTEES: Human Services Coalition Alderman Holman reported that a Work Plan was formalized at the Annual Meeting; she has some additional copies for members of Council who were unable to attend the meeting. Mrs. Holman reported that the search for Executive Director is going forward. Roy Dexheimer, Supt. of Tompkins, Seneca, Tioga BOCES, is the new chairman of the Board. URBAN RENEWAL AGENCY: Community Arts Alderman Dennis reported that there have been several discussions, but no action, on Community Arts. Rothschild Building Alderman Killeen commented that in view of the reportage the past days and in conjunction with the Strand Theatre, people are raising the question of the Rothschild building. He asked if any discussions are occurring or progress being made regarding it, Mayor Shaw responded that there are discussions, and progress; however the banks are waiting for fourth quarter data (fourth quarter ended January 31, 1983). Responding to Alderman Schlather's question concerning the Task Force, Mayor Shaw said the Task Force had met once and were brought up -to -date. fie said one reason for establishing the Task Force was to promote informal contact with the banks. February 2, 1.983 Nest End Alderman Dennis reported the Planning Board had referred. to the Urban Renewal Agency the Nest End proposal from Wiggins and it is in the Economic Committee where the request for proposal is generated. The Agency is looking at that and there will be something coming back in a mor►th or so. UNFINISHED AND MISCELLANEOUS BUSINESS: Lighting Mayor Shaw commented that the lights have been changed once more, downwards, and asked if there were any comments pro or con. Alderman Holdsworth responded that there may be comments from employees if they lose their eyesight, not especially in the council chambers, but in other departments. Alderman Myers commented that he found it hard to read. Mayor Shaw agreed that there had. been some complaints which are being taken care of_. Handicapped Access to City Hall Mayor Shaw reported that the city is pursuing this matter; ironically, the restrooms are being painted before making the structural changes; there is a timetable when in -house work will be done. He said they are working hard on finishing the matter this winter. NEW BUSINESS: Special Meeting of Common Council By Alderman Hoffman: Seconded by alderman Killeen RESOLVED, That there be a Special meeting of the Common Council on Tuesday, February 1S, 1983, at 5:00 p.m. in the Council Chambers for the purpose of selecting a successor for Bryant Robey who has resigned from the Board of Representatives, and any other business which may come before the Council. Carried Unanimously Notice of Meeting Alderman Schlather announced that there will be a meeting on Wednesday, February 9, 1983, at- G.I.A.C., at 8:00 p.m. to discuss crime in the neighborhood. ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. Jos pl Rundle, ity Clem William R. Shaw, Mayor