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