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Home My WebLink AboutMN-CC-1983-09-07l!) ill E a �; I✓ COIDION COUNCIL PROCEEDINGS i e' CITY OF ITHACA, NEW YORK Regular Meeting 8:1S P.M. September 7, 1983 PRESENT: Mayor - Shaw Aldermen (9) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Flyers, Schlathe.r ABSENT: Alderman (1) - Schuler (Excused) OTHERS PRESENT: City Attorney - Tavelli City Controller - Spano Dep. Controller - Cafferillo Personnel Administrator - Best Director, Planning & Development - Van Cort Police Chief - Herson Fire Commissioner - Anderson Fire Chief - Tuckerman. Supt. of Public Works - Kinsella City Clerk - Rundle T.C. Bd. of Representatives - D. Slattery PLEDGE OF ALLEGIANCE: Mayor S aw led all present in the Pledge of Allegiance to the American flag. INTRODUCTION OF CANDIDATES: Mayor Shaw introduced the following candidates for aldermani.c positions: Robert Romanowski Rep. candidate First Ward Margo Clynes Dem. candidate First Ward. Susan Cummings Dem. candidate Second. Ward. Elva Holman Rep. candidate Second Ward .lames Dennis Dem. candidate Third. Ward. Carolyn Peterson Dem. candidate Fifth Ward. David Corina. Rep. candidate Fifth. Ward MINUTES: By Alderman Holdsworth: Seconded RESOLVED, That the Minutes of the as recorded by the City Clerk. by Alderman Dennis August 3, 1983 meeting be approved Carried Unanimously ADDITIONS OR DELETIONS TO THE AGENDA: Budget & Administration `Committee Alderman Holman requested the eletion of one item, XII H., Revenue Sharing Public Hearing, from the agenda. No Council member objected. C01MMUNICATIONS: Mayor Shaw reported having received many telephone anal. written communi- cations regarding the traffic tie -ups in the 11rest End and oii Hector Street. fie commented that he had investigated the matter somewhat with the City Engineer and Supt. of Public Works, and hopes to pursue it further and come up with a solution. PETITIONS AND HEARINGS OF PERSONS BEFORE: COUNCIL: Curbs on Floral Avenue EricS-alwol , 222 Floral Avenue, addressed the Council. concerning the proposed curbs on Floral Avenue. Ile commented that the residents of Floral Avenue should not have to pay for something which they have clearly stated they don't want. He believes that if the curbs will benefit the city as a whole, then they should all have a part in paying for them. 188 ..2- September 7, 1983 COMMUNICATIONS FROM THE MAYOR: f on the Rothschild building. Ile informed Mayor Shaw ave a. the Council g . that a meeting is being scheduled of the Downtown Economic Development Task Force during the coming week to go over some of the specifics of the proposals being currently developed by the local banks and being discussed amongst themselves and Izards. APPOINTMENTS OF THE MAYOR: Housing Board of Review Mayor Shaw requested approval of the Council for appointment of Maurice Protts, 312 Wood Street, to the Housing Board of Review for a term to expire December 31, 1985: Resolution By Alderman Clynes: Seconded by Alderman Barfield RESOLVED, That this Council approves the appointment of Maurice Protts to the Housing Board of Review for a term to expire December 31, 1985. Carried Unanimously Mr. Protts took the Oath. of Office and was sworn in by the City Clerk. Desi n Review Board Mayor Shaw requested approval of the Council for appointment of Donna Ward, 517 Warren Place, to the Design Review Board to complete the term of Steve KearJ_, who has resigned, and whose term expires December 31, 1984. Resoluti_oi). By Al erman Clynes: Seconded by Alderman Banfield RESOLVED, That this Council approves the appointment of Donna Ward to the Design Review Board for a term to expi.rc December 31; 1984 to complete the term of Steve Kear.l who has resigned. Carried Unanimously CITY CLERK'S REPORT: Consolidation of T—olling Locations for Voter Registration RESOLVED, T at t e following locations be consolidated for Voter. Registration Day, Saturday, October 15, 1.983, 2:00 p.m- to 9:00 p.m.: FIRST WARD Districts 1, 2, 3 and 4 SECOND WARD Districts 1, 2 and 3 THIRD WARD Districts 1, 2 and 3 FOURTH WARD Districts 1, 2, 3 and 3a #6 Fire Station 626 IV. State Street Central Fire Station 310 W. Green Street Belle Sherman Annex Cornell Street Challenge Industries 402 E. State Street FIFTH WARD Districts 1, la, 2, 2a, Fall Creek School 2b and 3 Corner King & Aurora. Sts. A vote on the resolution resulted as follows: Carried Unanimously CITY ATTORNEY'S REPORT: City Atty< Tavelli reported that the Cornell Heights case should be heard sometime the week of October 11 or October 17, 1983 during the non -jury term of Supreme Court. TOMPKINS COUNTY BOARD OF REPRESENTATIVES: City Representative Slattery reporte teat the County is encountering problems in locating the jail. Several locations have, or are being considered. Ile requested that the City help them in locating a site within the City. The decision has to be made within the next 20 -30 days. Mayor Shaw responded that either the committee which is searching for a permanent site for the Youth Bureau, or the Planning f Development Committee and Board should be involved in helping the County. -3- September 71,81)983 Alderman Schlather arrived at the meeting at 8:5S p.m. Common Council recessed at 8 :S5 p.m. and reconvened in Regular Session at 9:0S p.m. CHARTER AND ORDINANCE COMMITTEE: Asbestos y Al erman Schlather: Seconded by Alderman Clynes WHEREAS, the presence of friable asbestos in indeterminate amounts in buildings and dwelling units, both public and private, within the City of Ithaca is of serious concern to the Ithaca City Common Council, and (woo." WHEREAS, after extensive hearings and research, it appears that there is a difference of opinion in the scientific, medical and health Community as to the degree of danger resulting from the various types, levels and duration of exposure to the different asbestos fibers in the Ithaca environment, and WHEREAS, in some circumstances, exposure to friable asbestos fibers can be injurious to one's health, and WHEREAS, under the circumstances, the most practical course is not to } legislate but to both educate the public to the available information i►i on the subject and take the necessary steps to minimize the potential �e! for danger from exposure to friable asbestos fibers in city -owned buildings, and WHEREAS, the City Building Commissioner is the logical source of information for public reference and education, and. WHEREAS, the Superintendent of Public Works, under the supervision of the Board of Public Works, is responsible for maintenance of city - owned buildings; now, therefore, be it RESOLVED, That the Ithaca City Building Commissioner is hereby directed to develop a policy and procedure to ensure that current information concerning friable asbestos is made available to the public, using existing staff, which policy and procedure shall include but not be limited to: establishment of an information file in. the Building Department for public reference; distribution of the Consumer Product Safety Commission booklet entitled "Asbestos in the Home" upon request; training of existing staff inspectors in visual identification techniques; and proposing a notification procedure for alerting property owners of the, pos'sib'le presence of friable asbestos, upon routine buil.di.ng and housing inspections, for submission to the Common Council no later than November 10, 1983, and be it further RESOLVED, That the Superintendent of Public Works, under the super- vision of the Board of Public Works, is hereby directed to take the necessary steps to minimize the potential danger from exposure to friable asbestos in all city -owned buildings, which steps shall include, but not necessarily be limited tog doing whatever repairs as are necessary to upgrade the status of all asbestos conditions in city -owned buildings from "fair" or "poor" to "good," as reported in the April 14, 1.983 i.n- house survey of city -owned buildings; and be it further RESOLVED, That both the Building Commissioner and the Superintendent of Public Works are hereby directed to report: back to this Council on the progress in their respective tasks herein directed. no Later than (too," the February, 1984 Common Council meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Banfield, Hoffman, Killeen, Dennis, Holdswor.th, Holman, Clynes, Schlather Nay (1) - Myers Absent (1) - Schuler Carried 190 -4- September 7, 1983 Open Containers Ordinance By Alderman Schlather: Seconded by Alderman Clynes ORDINANCE NO. 83 -8 AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" 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 65 entitled "Public Safety" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 65.34 of Article IT entitled "Public Conduct" is hereby amended to read. as follows: "s 65.34 Consumption of alcoholic beverages in public places A. Legislative intent and purpose. 1. The Common. Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places, development of unsanitary conditions and is disturbing to the public and threatens peace and good order, 2. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, development of unsanitary conditions and the littering of public places; and to protect: the public health, safety and welfare and to promote the public good. B. Definitions. For the purpose of this Article, the following terms shall have the meanings ascribed to them. All other words shall. have the meaning normally ascribed to them in regular usage. 1. Alcoholic beverages shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being. 2. Container shall mean any bottle, can, glass or other receptacle suitable for or used to hold any liquid. 3. Public place shall mean any public highway, street, sidewalk, park, playground, parking area, municipal parking ramp and the Six - mile Creek Watershed area. C. Prohibited. 1. No person shall, within the City of Ithaca, d.ri.nk or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place as defined herein. D< Possession of open containers. 1. No person shall carry or have in his or her possession within or upon any public place in the City of Ithaca any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public places defined herein. E. Presumptions. 1. The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined. -5- F. Exceptions. f September 7191983 1. The provisions of S 65.34 shall not apply within boundaries of Cass Park or Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall such prohibition apply to or within the boundaries of Treman Marina. 2. The provisions of S 65.34 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages in or upon any public place within the City, said. license having been issued by the Alcoholic Beverage Control. Board of Tompkins County and such organization having obtained permission from the Mayor. This exception shall apply only to the public place in the City in or upon which the alcoholic beverages are dispensed. G. Punishment. 1. The violation of any of the provisions of this Section shall be punishable by a fine not greater than One Hundred. Dollars ($100.00) and /or not more than fifteen (15) days in jail.." 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. tll Discussion followed on the floor. Amending Resolution By Alderman Sc lather: Seconded by Alderman Holdsworth RESOLVED, That "pedestrian mall" be added to B. Definitions, item 3, following "highway.'' Carried Unanimously Main Motion As Amended A vote on the mar motion ion as amended resulted as follows: Carried Unanimously Greyhound Bus Lines By Alderman Schlat er; Seconded by Alderman Dennis WHEREAS, the Greyhound Bus Lines, Inc, has made application for consent to alter its motor bus line route in the City of Ithaca by changing the same to the newly proposed route as follows: Rouges 96, 34 and 13 (Elmira Road to Meadow Street) to Green Street; thence east on Green Street to the so- called "wrap around" and Seneca Way to Seneca Street; thence west on Seneca Street to the bus station, with pickup and discharge site at the Seneca Street parking garage bus stop (provided the same does not interfere with city buses), and WHEREAS, a public hearing has been held pursuant to the Transportation Corporation Law; now, therefore, be it RESOLVED, That the City of Ithaca does hereby give its consent to Greyhound Bus Lines, Inc. to alter its motor bus line routes in the City of Ithaca by changing the same to the newly proposed route as follows: Routes 96, 34 and 13 (Elmira Road to Meadow Street:) to Green Street; thence east on Green Street: to the so- called "wrap around" and Seneca Way to Seneca Street; thence west: on Seneca Street to the bus station, with pickup and discharge site at the Seneca Street parking garage bus stop (provided the same does not interfere with city buses); and be it further RESOLVED, That the City Clerk be and he is hereby directed to forward a certified copy of this resolution to Greyhound Bus Lines, Inc. Amending Resolution By Alderman Killeen: Seconded by Alderman Schlather RESOLVED, That line 3 of the first WHEREAS be amended to read: "Ithaca by adding to the same a newly proposed route;" and that lines 2 and 3 of the first. RESOLVED be amended to read: "Greyhound Bus Lines, Inc. to increase its motor bus line routes in the City of 1 t hac,i by adding to the same the.- Carried Unanimously 1909- - b- September 7, 1983 Main Motion As Amended A. vote on the main motion as amended resulted as follows: Carried Unanimously Announcement of Meeting Alderman Schlather announced that the Charter and Ordinance Committee will meet on September 15, 1983 at 7 :30 p.m. in the Conference Room to continue discussions on Valentine Place, and also take up the issue of curbing in the city. BUDGET AND ADMINISTRATION COMMITTEE: Recreation Specialist Salary By Alderman Holman: Seconded by Alderman Killeen RESOLVED, That the salary of Allison Backer be set at $11,400 for the year 1983, as recommended by the Youth Bureau Director, effective September 12, 1983; said salary being Step 1 of the C.S.E.A.-Admi_ni- strative Unit Compensation Plan. Carried Unanimously Building Department Work Week Alderman Holman commented that in view of the discussion on the asbestos ordinance, the lack of a clear -cut figure for the building inspectors, the lack of information, she preferred to leave this resolution on the table, 40 -hour Work Week Positions By Alder man Holman: Seconded by Alderman Dennis RESOLVED, That the Personnel Administrator be authorized to make salary adjustments to 40 -hour positions, within the C.S.E.A.Admini- strative Unit, where discrepancies have been found. Discussion followed on the floor. Amending Resolution By Alderman Killeen: Seconded by Alderman Hoffman RESOLVED, That the following be added to the resolution: "effective the next pay period." Carried Unanimously Main Motion As Amended A vote on the main motion as amended resulted as follows: Carried Unanimously Request for Proposals By Alderman Holman: Seconded by Alderman Holdsworth RESOLVED, That the Board of Public Works be requested. to obtain three (3) proposals for a consultant to review repairs to the Green Street Ramp made under the Raymond E. Kelly, Inc. contract. Amending Resolution y Al erman Banfield: Seconded by Alderman Schlather RESOLVED, That the last line of the resolution be amended to read: "made under. the 1978 Raymond E. Kelly, Inc. contract." Carried Unanimously Main Motion As Amended A vote on t e main motion as amended resulted as follows: Carried Unanimously Floral Avenue Increased Authorization By Alterman Holman: Secon e y Alterman Schlather WHEREAS, this Common Council authorized the establishment of a capita project for 1983, known as "Floral Ave. Reconstruction," Project No. 7, in the amount of $573,000, and WHEREAS, the Board of Public Works, at its August 24, 1983 meeting, requested that an additional $155,000 be authorized at the recommenda- tion of the City Engineer; now, therefore, be it RESOLVED, That this Common Council authorizes the additional $155,000, bringing the total project authorization to $728,000. -7- Discussion followed on the floor. A vote on the resolution resulted as follows: September 71,')983 Ayes (6) - Banfield, Clynes, Dennis, Hoffman, Holman, Schlather Nays (3) - Killeen, Holdsworth, Myers Absent (1) - Schuler Carried Floral Avenue Bond Anticipation Note By Alderman Holman: Second by Alderman Schlather RESOLVED, That the City Controller is hereby authorized and directed to request Bond Counsel to prepare a Bond Anticipation Note, in the amount of $389,013, for the Floral .Ave. Reconstruction Capital Project. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Banfield, Hoffman, Killeen, Dennis, Holman, Clynes, Schlather Nays (2) Holdsworth, Myers Absent (1) - Schuler Carried �.� West Clinton /Meadow Street Increased Authorization a By Alderman Holman: Seconded by Alderman Banfield WHEREAS, this Common Council authorized the establishment of a. capital project for 1983, known as "West Clinton - Meadow St. Improvements," Project No. 194, in the amount of $185,500, and WHEREAS, the Board of Public Works, at its August 24, 1983 meeting, requested that an additional $35,000 be authorized at the recommenda- tion of the City Engineer, and (W000" WHEREAS, the Budget and Administration. Committee recommends the deletion of $5,000 for Quality Control; now., therefore, be it RESOLVED, That this Common Council authorizes the addition of $30,000, bringing the total project authorization to $215,500. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Computer Proposal By Alderman Holman: Seconded by Alderman Myers WHEREAS, utilization of computers by the City of Ithaca requires further study, and WHEREAS, a proposal has been received for such. a study; now, therefore, be it RESOLVED, That E. Graham Pillow be retained by the City of Ithaca, to provide sixty (60) hours of computer consulting services, at a cost not to exceed $3,000, and be it further RESOLVED, That an amount not to exceed $3,000 be transferred. from (aw", Account A1990, Contingency, to Account A131S -407, Finance Department Contractual Services. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Hoffman, Killeen, Dennis, Holdsworth, Holman, Myers, Clynes Nays (2) - Banfield, Schlather Absent (1) - Schuler Carried 19 -1 -8- September 7, 1983 1984 Capital Projects By Alderman Holman: Seconded by Alderman Denni -s WHEREAS, the Budget and Administration. Committee, in accordance with the Administrative Code, has received the 1984 Capital Project Requests and Recommendations from the Capital. Program Committee and. the Capital Improvements Review Committee; now, therefore, be it RESOLVED, That these Recommendations be forwarded to the Mayor, without comment, for review and ihle incltIsion in the 1984 Txecutive Budget. Discussion followed on the floor. Tabling Motion By Alderman Killeen: Seconded by Alderman Clynes RESOLVED, That the resolution be tabled for 30 days to provide time for all steps of the procedure to be dealt with.. Ayes (7) - Banfield, Hoffman, Schlather Nays (2) - Dennis, Holman Absent. (1) - Schuler Killeen, Holdsworth, Myers, Clynes, Carried Refund of 'Taxes By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the City Chamberlain be authorized and directed to refund overpayment of taxes for the years 1978, 1980, 1981 and 1982, on the property located at 105 Cherry Street, as per Judgment rendered by Judge Frederick B. Bryant, in the amount of $8,376.86, and be it further RESOLVED, That $8,376.86 be transferred from Account A1990, Contingency, to Account A1964, Refund of Real Property Taxes. Carried Unanimously Personnel Department Roster By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the 1983 Roster of the Personnel. Department be amended, as recommended by the Personnel_ Administrator, as follows: Add 1 Senior Clerk Discussion followed. on the floor. Executive Session By Alderman Dennis: Seconded by Alderman Banfield RESOLVED, That the Council adjourn into Executive Session to discuss personnel requirements. Carried Unanimously The Council adjourned into Executive Session at 11:05 p.m. and reconvened. in Regular Session at 11:20 p.m, Discussion followed on the floor A vote on the resolution resulted as follows: Ayes (8) Banfield, Hoffman, Killeen, Dennis, Holdsworth, Holman. Myers, Clynes Nay (l) Schlather Absent (1) - Schuler. Carried Audit By Alderman (Tolman: Seconded by Alderman Banfield RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total- amount of $18,876.14, as listed on Audit Abstract #16/1983, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 0 mom September A,g 983 UNFINISHED AND MISCELLANEOUS BUSINESS: USA Today Mayor Shaw reported that some progress is being made in getting some of the USA Today boxes removed, especially in residential neighbor- hoods. NEW BUSINESS: Alderman Dennis requested that the Charter and Ordinance Committee look into the matter of satellite dishes for personal use. ADJOURNMENT: On a motion the meeting adjourned at 12:00 p.m. J sepi A. Rundle, City Cler William R. S aw, Mayor