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HomeMy WebLinkAboutMN-CC-1983-03-02101 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. March 2, 1983 PRESENT: Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler OTHERS PRESENT: City Controller - Spano Dep. Controller - Cafferillo City Attorney - Tavelli Dir. Youth Bureau - Cutia Fire Chief - Tuckerman Personnel Administrator - Collins Dir. Planning & Development - Van Cort Asst. Fire Chief -- Olmstead Supt. Public Works - Kinsella Police Chief - Herson Fire Commissioner - Anderson {' City Rep. T.C. Bd. of Representatives - Slattery ff) Building Commissioner - Hoard i)) City Clerk - Rundle (� PLEDGE OF ALLEGIANCE: r Mayor Shaw led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderman Schlather: Seconded by Alderman Banfield RESOLVED, That the minutes of the February 2, 1983 meeting be approved as recorded by the City Clerk. Carried Unanimously By Alderman Holdsworth: Seconded by Alderman Dennis (twe RESOLVED, That the minutes of the February 1S, 1983 meeting be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS AND DELETIONS TO THE AGENDA: Budget and Administration Committee Alderman Holman requested the addition of three resolutions dealing with South Albany Street Bridge. No Council member objected. New Business Alderman Myers requested the addition of a motion to rearrange the format of the agenda. No Council member objected. Charter and Ordinance Committee Alderman Schlather requested the withdrawal of Item XI E, Appoint- ments to Local Advisory Board of _assessment Review. No Council member objected. Charter and Ordinance Committee (4woo", Alderman Schuler requested that Item XI C, Pushcarts -- Commons Advisory Board -- Possible Resolution be changed to Resolution. No Council member objected. C0\1�11J_N i CAT I ON S: Havor Shat called attention to tv,o communications: one concerning an addition for the Ramada Inn from a concerned citizen and taxpayer of Ithaca (David Saperstone), and one from the Last hill and Bryant Park Civic Associations which addresses a variety of issues. 1 -le sti;gested that appropriate committees may wish to respond. log -2- March 2, 1983 COMMUNICATIONS FROM THE MAYOR: Mayor Shaw reported that the Civil Service Commission have modified the five titles which had male references in them. MAYOR'S APPOINTMENTS: A firmative Action Advisory Committee Mayor Shaw requested approval of the Council for appointment of Mrs. Martha L. Smith, 116 N. Titus Avenue, to the Affirmative Action Advisory Committee for a term of office to expire December 31, 1983. Resolution By Alterman Holman: Seconded by Alderman Myers RESOLVED, That this Council approves the appointment of Mrs. Martha L. Smith to the Affirmative Action Advisory Committee for a. term of office to expire December 31, 1985. Carried Unanimously Mrs. Smith took the Oath of Office and was sworn in by the City Clerk. Board of Fire Appeals Mayor Shaw requested approval of the Council for appointment of Suzanne Aigen, 674 Coddington Road, to the Board of Fire Appeals for a term of office to expire December 31, 1983, to succeed Mr. Robert Boothroyd. Resolution By Alderman Holman: Seconded by Alderman Myers RESOLVED, That this Council approves the appointment of Suzanne Aigen to the Board of Fire Appeals for a term of office to expire on December 31, 1983. Carried Unanimously Youth Bureau Board Mayor Shaw informed the Council he had appointed William Burin, Detective Division, Ithaca Police Department, to the Youth Bureau Board as an agency representative, to succeed William Humble who he had appointed to the Tompkins County Youth Bureau Advisory Council. Mr. Burin's term of office will expire December 31, 1983, Mr. Burin took the Oath of Office and was sworn in by the City Clerk. Tompkins County Area Development Corporation Mayor Shaw in orme t e Council he had appointed IV. David Banfield to the Tompkins County Area Development Corporation for a term to expire December 31, 1983. Community Development Citizens Advisory Committee Mayor Shaw informed the Council fFe tam appoin- the following to the Community Development Citizens Advisory Committee for three year terms to expire January 31, 1986: Lee Naegely, 116 Lake Avenue Arden Bremer, 414 E. Seneca Street Arzeymah Ragib, 209 S. Plain Street Liaison Appointments from Board of Public Works Commons Advisory Board - Charlotte Stone Planning & Development Board - Harold Gerkin Hydropower Committee - Gerald Schicke7, Conservation Advisory Council - Susan Clarke Youth Bureau Board - John Gutenberger Capital_ Improvements Review Committee Tlavor Shaw appointe Kennet 1 Walker and Susan Clarke to serve on the Capital Improvements Review Committee for the period of Jul), 1, 1983 through June 30, 1984 as representatives of the Board of Public Works. Joint Sewer Committee 1`livor S> ii�iotme —Ic the Council he had appointed Gerald Schickel, Kenneth Walker and Susan Clarke as members to the Joint Sewer Committee. -3- Youth Facility Study Committee Mayor Shaw informed the Council he to the newly created Youth Facility - March 21 19103 had appointed the following persons Study Committee: Board of Public Works - John Gutenberger Common Council - Nancy Schuler, IV. David Banfield Youth Bureau Board - Albert Smith Planning & Development Board - as yet not confirmed CITY ATTORNEY'S REPORT: City Attorney Tavelli reported litigation in which the City i Cornell Heights Case City Attorney Tavelli reported come up next term of court, at 1983. that he had been required to list all s involved for the auditors. that the Cornell Heights case will lea-st preliminary review, on March 29, Billboards City Attorney Tavelli reported that the billboard litigation could continue for many years before being decided. �Z) Reapportionment of Election Districts City Attorney Tavelli referred the problem of setting election districts to the Charter and Ordinance Committee inasmuch as it is a legislative function. City Rep. Slattery of the Tompkins County Board of Representatives, informed the Council that at the previous redistricting the two aldermen from each ward brought in the information from their own wards. CHARTER AND ORDINANCE COMMITTEE: Intergovernmental Relations Committee By Alderman Schlather: Seconded bN- Alderman Hoffman WHEREAS, Common Council, by resolution dated February 3, 1971, established a standing committee of Common Council known and desig- nated as the Intergovernmental Relations Committee; and WHEREAS, it appears that subsequent to February 3, 1971 to date Common Council has not by resolution dissolved this standing committee; and WHEREAS, the Mayor of the City of Ithaca is now requesting that he be given the opportunity to establish a combined legislative and executive committee comprised of the chairs of the four other standing committees of Common Council and the Mayor himself, in lieu of making appointments to the Intergovernmental Relations Committee, on an experimental basis and for the balance of 1983 only; and WHEREAS, it appears that this experimental committee may be able to perform many of the functions of t ^e standing Intergovernmental. Relations Committee; now, therefore, be it RESOLVED, That the standing committee of Council known as the Inter- governmental Relations Committee be and the same is hereby suspended until December 31, 1983; and be it further RESOLVED, That on January 1, 1981 and thereafter there shall continue to exist a standing committee of Common Council known as the Inter- governmental Relations Committee to which shall be appointed a full complement of council members, unless in the interim Common Council, by resolution, directs otherwise. Discussion followed on the floor. Amending; Resolution 13v_ 11 cl 6--ri I lal n MIyers : Seconded 1) Al -1erman ScIi 1 at he, r l:f.SOLVED, Th,a the ���ord "unof f i c i :1 l y" be added i r, the fourth I01E.REAS to read: hl II:REAS, it appears that this experimental committee may be able to unofficially perform mangy- of the functions of the standing Intergovernmental Relations Committee; now, therefore, be it . 10 -4- March 2, 7.983 Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (9) - Banfield, Hoffman, Killeen, Schuler, Dennis, Holdsworth, Myers, Clynes, Schlather Nay (1) - Holman Carried Main Motion As Amended WHEREAS, Common Council, by resolution dated February 3, 1971, established a standing committee of Common Council known and desig- nated as the Intergovernmental Relations Committee; and WHEREAS, it appears that subsequent to February 3, 1971 to date Common Council has not by resolution dissolved this standing committee; and WHEREAS, the Mayor of the City of Ithaca is now requesting that he be given the opportunity to establish a combined legislative and executive committee comprised of the chairs of the four other standing committees of Common Council and the Mayor himself, in lieu of making appointments to the Intergovernmental Relations Committee, on an experimental basis and for the balance of 1983 only; and WHEREAS, it appears that this experimental committee may be able to unofficially perform many of the functions of the standing Inter- governmental Relations Committee; now, therefore, be it RESOLVED, That the standing committee of Council known as the Inter- governmental Relations Committee be and the same is hereby suspended until December 31, 1983; and be it further RESOLVED, That on January 1, 1984 and thereafter there shall continue to exist a standing committee of Common Council known as the Inter- governmental Relations Committee to which shall be appointed a full complement of council members, unless in the interim Common Council, by resolution, directs otherwise. Discussion followed on the floor. A vote on the Main Motion As Amended resulted as follows: Ayes (S) - Hoffman, Holdsworth, Holman, Myers, Schlather Nays (S) - Banfield, Killeen, Schuler, Dennis, Clynes Mayor Shaw broke the tie by voting Aye. Carried An Ordinance Amending Chapter S5 Entitled "Fire Regulations" of the Citv of Ithaca Municipal Code _b Al erman Schlather: Seconded b-,- Alderman Killeen ORDINANCE NO. 83 -4 AN ORDINANCE AMENDING CIIAPTF.,R 55 ENTITLED "FIRE REGULATIONS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New fork as follows Section 1. That S 55.18 of Article II of Chapter SS of the Municipal Code entitled "Fire Regulations" be and the same is hereby amended to read as follows: "S 55.18 lire Limits Fire l:i.mits of the City of Ithaca are hereby defined as follows: A. Fire Limits 'A': Those areas of the City which are zoned industrial 'I -1' in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). -5- March 2, 1911 B. Fire Limits 'B': Those areas of the City which are zoned Business, 'B -2', 'B -31, 'B -4' or 'B -5', in the City of Ithaca Zoning Ordinance (Chapter 30 of the Municipal Code). 'B -1' areas are not included in the fire limits." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11(B) of the Ithaca City Charter. Carried Unanimously Pushcarts -- Commons Advisory Board By Alderman Schlather: Seconded by Alderman Schuler (6wo,i WHEREAS, the Ithaca City Common Council directed the Commons Advisory Board to draft and recommend regulations for the operation of mobile vending carts on the Ithaca Commons; and WHEREAS, the Ithaca City Common Council approved on July 7, 1982, the Regulations; and WHEREAS, the Commons Advisory Board has recommended that modifications be made to the Regulations prior to the 1983 vending season; now, �+ therefore, be it 1, ►- RESOLVED, That the following proposed changes and amendment to the I Regulations, as recommended by the Commons Advisory Board, be approved: t!► Section IV #15 - Change Season from April 1 through November 30 to April 1 through October 31. Section IV #20 - Fee To Operate shall be changed from $1,200.00 to $1,050.00. Change three installments from $400.00 each to $450.00, $300.00 and $300.00. For the 1983 Season, amend the regulations to "enable a vendor the opportunity to move and occupy up to two (2) locations on the Commons (4000" for specified hours." Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Banfield, Hoffman, Killeen, Schuler, Dennis, Holman, Myers, Clynes Nays (2) - Holdsworth, Schlather Carried Proposed Rate Change - -TV Cable Commission Alderman Myers reported that the public wants to approach the Cable Company to offer satellite service. The City is in a position to trade a fair rate for that increased service. It is up to the Council to determine what that rate increase should be in order to justify the Cable Company providing the extra service. Alderman Schlather informed the Council that the Cable Commission item will he discussed further at the March 21, 1983 meeting of the Charter and Ordinance Committee. BUDGET AND ADMINISTRATION COMMIT` FE : 5te�,7 rt Park Concession By Alderman Holman: Seconded by Alderman Banfield (400, Wl1F:REAS, the Department of Public Works and the Youth Bureau have reviewed the administration and program uses of Stewart Park, and W111:R1:_NS, the Board of Ptibl is Works has accepted, endorsed and recom- mends to the Comumon CoUnCil that approval and funding be authorized for the operation and administration of the Stewart Park concession by the Director and staff of the Youth Bureau; not%,, therefore, be it RI:SOI.VED, That this Common Council accepts the recommendation of the Board of Public Works, and be it further 106 -6- March 2, 1983 BE IT FURTHER RESOLVED, That the 1983 Budget he amended to reflect the following increases: A2012 Recreation Concession - Revenue $29,225 A7310 -101 Youth Program - Salaries -250 - Equipment -311 - Program Supp. -322 - Concession Seconded by Supplies -402 - Utilities -433 Travel and following Tax Mileage -436 - Dues, Member- City of Ithaca be, ships $ Pub. and be it further 7,679 800 950 15,000 960 200 35 RESOLVED, That the 1983 Authorized Equipment for the Youth Bureau be amended to include the purchase of the following items: 1 - Cash Register $ 350.00 1 - Refrigerator 350.00 2 - Toaster Ovens 100.00 Discussion followed on the floor. A vote on the resolution resulted. as follows: Carried Unanimously Senior Clerk Position By Alderman Holman: Seconded by Alderman Holdsworth WHEREAS, the Finance Department has reviewed and updated the job description of the position of one Account Clerk, and WHEREAS, the Civil. Service Commission has reviewed and approved the Position Duty Statement concerning the expanded duties of Account Clerk to be appropriate for the title of Senior Clerk, and WHEREAS, Connie Nelson, the incumbent Account Clerk, has passed the required Civil Service testing and is qualified to fill the position of Senior Clerk; now, therefore be it RESOLVED, That one Account Clerk position in the Finance Department be redesignated as Senior. Clerk, and be it further I W& RESOLVED, That Connie Nelson be promoted to the title of Senior Clerk, with an annual salary of $9,941, that being Step 4 on the C.S.E.A.- Administrative Unit Compensation Plan for 1983, effective March 7, 1983. Carried Unanimously Expungement of Taxes By Alderman Holman: Seconded by Alderman Holdsi�orth RESOLVED, That the following Tax Deeds and Certificates owned by the City of Ithaca be, and they are, ordered expunged, as recommended by the City Chamberlain. Jack Sams Jack Sams 325 Center it St. 1.973 1974 $ 384.73 413.32 Jack Sams 1975 401.33 Jack Sams " 1976 413.52 Jack Sams 1977 431.16 Jack Sams " 1.978 262.34 F,. C. Cochran 513 IV. Clinton St. 1.979 254.59 I:. C. Cochran " " 1980 S3S.39 E. C. Cochran it it it " 1981 S7.8S E. C. Cochran it if ty " 1982 61.59 Total $3,215.82 Recei-ved from County 2 , 904.56 Expunged $ 311.26 Carried Unanimously _7- March 2, 19$A � Soil Conservation Service Agreement By Alderman Holman: Seconded y Alderman Banfield WHEREAS, the flood of October of 1981 did considerable damage to lands located in the City of Ithaca, County of Tompkins and State of New York, and more particularly on the south slope of Six Mile Creek on lands owned by R.M.P., Inc., and WHEREAS, the engineering studies have indicated that another massive landslide may occur on the south slope of Six Mile Creek unless certain repairs and procedures are undertaken to stabilize the said south slope, and WHEREAS, if said repairs are not undertaken, damage may occur to adjacent properties, both public and private, and WHEREAS, the United States Department of Agriculture Land Conserva- tion Service has agreed to share 80 percent of the cost of Alternate #1, as set forth in a letter from Paul A. Dodd, State Conservationist,. dated January 25, 1983, and WHEREAS, the Board of Public Works of the City of Ithaca has approved said project; now, be it its RESOLVED by the Common Council of the City of Ithaca, as follows: i3l 1. That the Mayor of the City of Ithaca be authorized to enter into an agreement with the Soil Conservation Service for the repair to the south slope of Six Mile Creek on lands of.R.H.P., Inc. 2. That the Mayor of the City of Ithaca be authorized to execute an agreement with R.H.P., Inc. to insure that the local share (20 percent of the costs) be provided by R.H.P., Inc., so that the total cost to the City of Ithaca shall be zero, (Copy of said agreement is attached to the Official Minute Book.) Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Local Advisory Board of Assessment Review By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Common Council appoint Jean Spitzer, 112 Orchard Place, to the Local Advisory Board of Assessment Review for a term to expire December 31, 1983, and be it further RESOLVED, That the Common Council appoint Morris Angell, 203 Ithaca Road, to the Local Advisory Board of Assessment Review for a term to expire December 31, 1.983. Carried Unanimously 1983 and 1984 Compensation for Golf Course Manager By Alderman Holman: SeconcTecFby alderman Banfield RESOLVED, That the unrepresented title of Golf Course Manager be granted an increase of 8% for 1983 and 70 for 1984. No increase in fringe benefits is granted. Amending Resolution I3ti f1l rmnn Schlather: Seconded by Alderman Holman RESOLVED, That the unrepresented title of Golf Course Manager be granted an increase of 60 for 1984. (two, The amendment was made in line with the policy for managerial positions as proposed to the Council. A vote on the amendment: resulted as follows: Ayes (7) - Roffman, Killeen, Schuler, Elolman, Clynes, Myers, SchInther Nays (3) - Banfield, Dennis, Holdsworth Carried 108 -8- March 2, 1 -983 Main Motion As Amended RESOLVED, That the unrepresented title granted an increase of 8% for 1983 and fringe benefits is granted. of Golf Course Manager be 6% for 1-984. No increase in Carried Unanimously 1983 and 1984 Compensation for Management Employees Not Covered by Contract By Alerrman Holman: Seconded by Alderman Schlather RESOLVED, That Management employees who are not covered by a formal Union contract be granted an increase of 8% for 1983 and 6% for 1984 and fringe benefits as though they were members of the Executive Association less the longevity provisions as provided by Part III, A (6) in the Executive Association contract. Amending Resolution By Alderman Banfield: Seconded by Alderman Hoffman RESOLVED, That Management employees who are not covered by a formal Union contract be granted an increase of 7% for 1983. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (2) - Banfield, Hoffman Nays (7) - Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Schlather Abstention (1) - Clynes Motion Defeated A vote on the Main Motion resulted as follows: Ayes (8) - Hoffman, Killeen, Schuler, Dennis, Holman, Myers, Schlather, Holdsworth Nay. (1) - Banfield Abstention (1) - Clynes Carried Governor's Proposed 1983 -84 Budget By Alderman Holman: Seconded by Alderman Holdsworth WHEREAS, the Executive Budget of New York State, for the fiscal year 1983 -84, excludes the special state aid for municipalities and operation and maintenance monies for sewage treatment plants, and does not continue funding of the highway improvement program, and 19, WHEREAS, these funds have provided relief from the burden of property taxes to the residents of the City of Ithaca, and WHEREAS, the special state aid money has helped offset loss of Revenue Sharing monies because of the cap instituted in 1980 and has been used by the City to reduce local property taxes, and IVIIEREAS, loss of operation and maintenance monies for s;.wa.c,, treat- ment plants will have a significant impact on the new joint facility, and WHF.RI:AS, highway improvement money will this year funcl the recon- struction of Floral Avenue, a project long delayed by the absence of local funding, and such projects will again be delayed without these monies; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges Assemblyman Hugh S. MacNeil, Senator Lloyd Riford, Assembly Majority header Stanley Fink, and Senate Majority Leader Warren Anderson, to reinstate the special state aid, the sewage treatment operation and maintenance monies, and the higlna }' improvement fund, or to provide alternate sources of funding for local municipalities, and be it further RESOLVED, That the City Clerk cause certified copies of this resolution to be forwarded to the above named New York State Legislators. M Discussion followed on the floor. March 2, l91W) Amending Resolution By Alderman Clynes: Seconded by Alderman Schuler RESOLVED, That the follcwing I1HE't!NS be added to the beginning of the resolution: "WHEREAS, the Common Council of the City of Ithaca recognizes the extraordinary efforts of Governor Mario Cuomo, reflected in his budget submission, to reduce state expenditures and maintain existing levels of taxation, however," and Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (7) - Banfield, Hoffman, Killeen, Schuler,. Dennis, Clynes, Schlather Nays (3) - Holdsworth, Holman, Myers Carried ( Alain Motion As Amended i_� WHEREAS, the Common Council of the City of Ithaca recognizes the I!i extraordinary efforts of Governor Mario Cuomo, reflected in his 1i) budget submission, to reduce state expenditures and maintain existing levels of taxation, however, and [!' WHEREAS, the Executive Budget of New York State, for the fiscal year 1983 -84, excludes the special state aid for municipalities and opera- tion and maintenance monies for sewage treatment plants, and does not continue funding of the highway improvement program, and WHEREAS, these funds have provided relief from the burden of property taxes to the residents of'the City of Ithaca, and WHEREAS, the special state aid money has helped offset loss of Revenue (Woo", Sharing monies because of the cap instituted in 1980 and has been used by the City to reduce local property taxes, and WHEREAS, loss of operation and maintenance monies for sewage treatment plants will have a significant impact on the new joint facility, and WHEREAS, highway improvement money will this year fund the recon- struction of Floral Avenue, a project long delayed by the absence of local funding, and such projects will again be delayed without these monies; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges Assembly- man Hugh S. MacNeil, Senator Lloyd Riford, Assembly Majority Leader Stanley Fink, and Senate Majority Leader Warren Anderson, to reinstate the special state aid, the sewage treatment operation and maintenance monies, and the highway improvement fund, or to provide alternate sources of funding for local municipalities, and be it further RESOLVED, That the City Clerk cause certified copies of this resolution to be forwarded to the above named New York State. Legislators. A vote on the Main Motion As Amended resulted as follows: Ayes (7) - Banfield, Schuler, Schlather Nays (3) - HoFfman, Killeen, Dennis, lIoldswortll, Holman, Clynes, Myers Carried Audit By Alderman Holman: Seconded by Alderman Banfield RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $1S,33S.31, as listed on Audit Abstract 114/1983, be approved for payment. Carried Unanimously 110 - -10- March 2, 1983 South Albany Street. Bridge Project Resolution #1: By A erman Holman: Seconded by Alderman Banfield TITLE: AUTHORIZED AGREEMENT BY THE CITY OF ITHACA TO MAINTAIN A PORTION OF SOUTH ALBANY STREET FROM SOUTH TITUS AVENUE TO NORTH TITUS AVENUE DESIGNATED AS NEW YORK PROJECT 3750.63. WHEREAS, the N.Y.S. Department of Transportation has submitted to the City Council, a proposed agreement by which the City of Ithaca is to maintain 0.02 miles of city street from South Titus Avenue to North Titus Avenue known as South Albany Street including Bridge No. 221042 over Six Mile Creek and to be designated as New York Project No. 3750 and said proposed agreement also provides for the City of Ithaca to request the Department of Transportation to submit the aforementioned project with the recommendation that it be approved by the Administrator of the United States Federal Highway Administration, and that if such project is approved and constructed by the Department and the Admini- strator of the United States Federal highway Administration, the City of Ithaca will thereafter at its own cost and expense maintain this project in a manner satisfactory to the Department of Transportation and the Administrator of the United States Federal Highway Administra- tion, or their authorized representatives, and make ample provision each year for such maintenance. Therefore, be it RESOLVED, That the City of Ithaca shall maintain such highway and bridge and guarantee the maintenance of such highway and bridge when constructed and will pay the cost of such maintenance and will maintain the project in a. manner satisfactory to the New York State Department of Transportation or its authorized representatives, and will make ample provisions each year for such maintenance. Be it further RESOLVED, That the New York State Department of Transportation submit such project to the Administrator of the United States Federal Highway Administration and recommend to him the approval of the same for construction with funds apportioned to the State for construction of Highways and related projects under the provisions of Federal Highway Acts, and he it further RESOLVED, That this City Council act through its Chairman and Clerk who are hereby authorized to act for this Council and make and enter into agreement with the State Department of Transportation, in manner and form and substance as herein stated and in accordance with the form of contract herein mentioned as having been submitted to this City Council for action, and that this City Council furnish five cei-ti- f e'd copies of this resolution authorizing the Chairman and Clerk of this City Council to execute the agreements on behalf of the City such Chairman and Clerk being fully authorized and directed to make and enter into agreements on behalf of the City of Ithaca in any manner and form required by the Department of Transportation, or the Administrator of the United States Federal Highway Administration and attach the seal of the City Council -City of Ithaca thereto. Be it further RESOLVED, That the Clerk of this Council is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously Resolution #2 of the City Council of City of Ithaca A11'PROVING A FEDERAL -AID PROJECT ADMINISTERED BY THE NEw, YORK STATE DIPARTNIENT OF TRANSPORTATION AND AUTHORIZING THE MUNICIPALITY TO CONTRIBUTE THE LOCAL SHARE IN THE COST OF THE CONSTRUCTION SUPERVISIC AND INSPECTION FOR SUCH PROJECT AND ANTICIPATING A FURTHER RESOLUTION WHICH WOULD AUTHORIZE THE MUNICIPALITY TO PARTICIPATE IN THE NON- FEDERAL SHARI: OF THE COST OF CONSTRUCTION OF SUCH PROJECT AND AUTHORIZING THE Mavor of the City of Ithaca TO EXECUTL' AN AGREEMENT ON BEHALF OF THE NIUN ICI PAL I TY WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE PERFORAIANCI; OF THE WORK OF SUCH PROJECT AND FOR THE PARTICIPATION E31" Till" MUNICIPALITY IN THE NON - FEDERAL SHARE OF THE COSTS OF Till" PROJECT. By Alderman Holman: Seconded by Alderman WHI RI AS, a Project for the Rehabilitation South Albany Street over Six Mile Creek - Title 23 U.S. Code, as amen e calls or the program to be borne at the ratio of 8 or local funds; and Schlather of Bridge No. 2210420 carrying PIN 3750.63 funded under the apportionment of costs for 0% Federal funds and 20a State -11- March 2, I'llI WHEREAS, the City of Ithaca desires to advance the project which is not or portions of which are not on the State Highway System by authorizing the Municipality to participate in a share of the cost of construction supervision and inspection of a project not on the State Highway System. Now, therefore, the City Council -City of Ithaca, duly convened does hereby RESOLVE, That it be understood that this statement in no way diminishes the City of Ithaca's rights under present procedures to review and comment on specific stages of the project; and it is further RESOLVED, That it is understood that the City of Ithaca shall provide 2Sa of the non - Federal. share of the cost of construction of the subject project or portions of the subject project that are not on the State Highway System, estimated to be $18,000.00, before such construction can be authorized; and it is further RESOLVED, That the City Council - City of Ithaca hereby authorizes the City of Ithaca to participate in t^e cost of construction supervision and inspection of the subject proiect or portions of the subject project that are not on the State Highway System; and it is further (j? RESOLVED, That this Authorization shall commit the City of Ithaca to {j an amount not to exceed $1,800.00 for the local share of the construction i(t supervision and inspection of the project; and it is further (E; RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary- agreements on behalf of the City of Ithaca with the New York State Department of Transportation approving of the above - subject project and providing for the Munici- pality's participation in the cost of the local share of the subject project, at a total cost for design, right -of -way acquisition, and construction not to exceed $21,300.00. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Resolution #3: AUTHORIZING THE CITY OF ITHACA TO .'ARTICIPATE TO THE EXTENT OF 2So OF THE NON- FEDERAL SHARE IN THE COST OF CONSTRUCTION OF A FEDERAL -AID PROJECT NOT ON THE STATE HIGHWAY SYSTEM ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. By Alderman Holman: Seconded by _alderman Dennis WHEREAS, a Project for the Replacement of Bridge No. 2210420 carry- ing South Albany Street over Six File Creek -PIN 3750.63 funded under a Federal -Aid Program, provided for in Title 23 U.S. Code, as amended, calls for the apportionment of co=ts for the program to be borne at the ratio of 80o Federal funds and 20o State or local funds; and WHEREAS, the City of Ithaca desire; to advance the project by making a commitment for 2So of the non- Federal share of the cost of con- struction of the project or portions of the project not on the State Highway System, including any riq_t -of -way acquisition and construction engineering (inspection) costs. ­D w, therefore, the City Council -City of Ithaca, duly convened does hc:re'�)y RESOLVE., That the City Council -Cit,. of Ithaca approves of the above subject project; and it is hereby further RESOLVED, That the City Council -City of Ithaca hereby authorizes the participation of the City of Ithaca in the cost of the Construction of the project or portions of the roiect not on the State Highway System (including any right- of -1;:, acquisition and construction engi- neerin4; (inspection costs) by exe`._ition of a Certified Check to the order of the State Comptroller pr _.r to avard of the contract; and it is further RC.SOI.VIiI), That this Authorization shall commit the City of Ithaca to an amount not to exceed $21,300 for the entire cost of this project; and it is further 11,9- -12- Marsh 2, 1.983 RESOLVED, That the sum of $18,000 is hereby appropriated to cover the cost of its participation in the above phase of the project, and the City Treasurer is hereby authorized and directed to deposit such sum with the State Comptroller prior to award of the contract; and. it is further RESOLVED, That a copy of this resolution be filed with the State Commissioner of Transportation, it being understood that upon com- pletion of the above project, the Commissioner of Transportation of the State of New York shall transmit to this City Council a statement showing the actual costs and expenses of such work and shall notify the City Treasurer of the amount due from or to be returned. to the City of Ithaca, as the case may be and that any sum due the State of New York shall be paid by the City. of Ithaca within ninety (90) days after the date of transmittal of said statement, and the funds there, fore shall be raised according to the statutes in such cases made and provided, subject to the approval of the City Council-City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Vehicle Maintenance Meeting Alderman Holman announced that there will be a Vehicle Maintenance Meeting in the Council Chambers on March 24, 1983 at 7:30 p,m. Southside Center Storm Windows Alderman Holman in forme the Council that the storm windows in the Southside Center for which $7,000 had been authorized, actually cost about $4,000 less. Common Council recessed at 9:30 p.m. and reconvened in Regular Session at 9:48 p.m. CONSERVATION ADVISORY COUNCIL: Alderman Hoffman reported that the CAC still has a shortage of member`. and, for the first time in three months, had a quorum for a meeting. Some of the items the Council are currently -involved in are: the proposed revision of SEQR which will be moving through the Charter and Ordinance Committee, Six Mile Creek- -ideas for study in light of a number of proposals which will have an effect on that area. He reported that the CAC has at least 1 representative to an ad hoc group and also a representative to the Citizens Advisory Committee on Industrial Sewage Pretreatment. ENERGY COMMISSION: Alderman Holman reported that the acquisition of combustion testing systems and that the 73 mercury v sodium in the Seneca Street ramp. be done to improve appearance and Energy Commission has recommended equipment to monitor city heating apor lamps be changed to low pressure They also recommend that painting to offset lower lighting levels. Alderman Killeen reported receiving complaints that heating units in the bus shelters do not work 95% of the time. He asked if this is an effort to reduce energy costs. Alderman Killeen commented that he has asked the Superintendent of Public Works to look into the matter. CIRCLE GREENIVAY COMMITTEE: Alderman Clynes report-e —that the Circle Greenway Committee are developing By -Laws which she will be bringing to the Council in the form of a resolution in April or flay. REPORT OF SPECIAL COiINIMITTEES: iuman Servtces Coalition Alderman Holman reported a correction to her report of February: Eva Plae ;Musgrave is chair of the Human Services Coalition Board; Roy Dexheimer is Vice Chairman. She reported that final intervieiNs for L'lection of Director will be held March 3 and 1Iarch 5 with decision to be made by the Board shortly thereafter, -13- March 23, IA O ITHACA URBAN RENEWAL AGENCY: Alderman Dennis reported that the committee working on the Strand Theatre had given a deadline, but he didn't know what the results were. Mayor Shaw commented that the Strand subcommittee plan to meet on Monday, March 7th. NEW BUSINESS: Halliwell Associates, Inc. -- Engineering Service Agreement By Alderman Dennis: Seconded by Alderman Holman WHEREAS, it is highly likely that the City of Ithaca will be awarded preliminary permits for the development of hydropower facilities on Six Mile Creek, and WHEREAS, the conditions of the permit commit the holder to conduct a. feasibility study and require the submission of progress reports on a six -month basis, and WHEREAS, numerous options exist for developing the Six Mile Creek site, and 9f) WHEREAS, Halliwell Associates have presented a proposal, both for lei narrowing the available options and for conducting a feasibility �}) study, and �Il WHEREAS, said proposal has been reviewed and accepted, with revisions (.l.) by the hydropower Commission; now, therefore, be it RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and Halliwell Associ- ates, Inc., for engineering services, and be it further Amending Resolution By Alderman Hoffman: Seconded by Alderman Killeen RESOLVED, That the first RESOLVED read: "RESOLVED, That upon award of preliminary permits to the City of Ithaca the Mayor . . . . . . ." A vote on the amendment resulted as follows: Ayes (7) - Hoffman, Killeen, Schuler, Dennis, Holman, Myers, Clynes Nays (3) - Banfield, Holds.%rorth, Schlather Carried Further discussion followed on the floor. Plain Motion As Amended wHEREAS, it i s highly likely that the City of Ithaca will be awarded preliminary permits for the development of hydropower facilities on Sit P,i.le Creek, and WHEREAS, the conditions of the permit commit the holder to conduct a feas:ibilit }, study and require the submission of progress reports on a six -month basis, and MRAZEAS, numerous options exist for developing the Six Mile Creek- site, and IffliA WS), Halliwell. Associates have presented a proposal, both for narrowing the available options and for conducting a feasibility study, and WHEREAS, said proposal has been reviewed and accepted, with revisions by the hydropower Commission; now, therefore, be it RESOLVED, That $24,000 be transferred from Account A1990, Contingency, to Planning Department Account A8020 -422, Fees for Professional Services, and be it further (600", RESOLVED, That the City Controller be directed by of Common Council to the agreement. make such transfer upon completion of each phase Discussion followed on the floor. Alderman Holdsworth recommended waiting until the city has the preliminary permit before proceeding. Amending Resolution By Alderman Hoffman: Seconded by Alderman Killeen RESOLVED, That the first RESOLVED read: "RESOLVED, That upon award of preliminary permits to the City of Ithaca the Mayor . . . . . . ." A vote on the amendment resulted as follows: Ayes (7) - Hoffman, Killeen, Schuler, Dennis, Holman, Myers, Clynes Nays (3) - Banfield, Holds.%rorth, Schlather Carried Further discussion followed on the floor. Plain Motion As Amended wHEREAS, it i s highly likely that the City of Ithaca will be awarded preliminary permits for the development of hydropower facilities on Sit P,i.le Creek, and WHEREAS, the conditions of the permit commit the holder to conduct a feas:ibilit }, study and require the submission of progress reports on a six -month basis, and MRAZEAS, numerous options exist for developing the Six Mile Creek- site, and IffliA WS), Halliwell. Associates have presented a proposal, both for narrowing the available options and for conducting a feasibility study, and WHEREAS, said proposal has been reviewed and accepted, with revisions by the hydropower Commission; now, therefore, be it 114 --14- March 2, 1985 RESOLVED, That upon award of preliminary permits to the City of Ithaca the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and Halliwell Associates, Inc., for engineering services, and be it further RESOLVED, to Plann Services, RESOLVED, make such A vote on That $24,000 be transferred ing Department Account A8020 and be it further That the City Controller be transfer upon completion of the Main Motion As Amended from Account A1990, Contingency, -422, Fees for Professional directed by Common Council. to each phase of the agreement. resulted as follows: Ayes (7) - Killeen, Hoffman, Schuler, Dennis, Holman, Myers, Clynes Nays (3) - Banfield, Holdsworth, Schlather Carried Format of Agenda By Alderman Myers: Seconded by Alderman Holman RESOLVED, That following the Standing Committees of Council, the remaining committees be consolidated under the following heading: "REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS" Carried Unanimously Employee Evaluation Alderman Dennis asked the Finance Committee to begin to look at a way to evaluate our non -union employees, especially the management employees. ADJOURNMENT: On a motion the meeting adjourned at 10:20 p.m. J sepH A. Rundle, City Clerk William R. Shaw, Mayor