HomeMy WebLinkAboutMN-CC-1986-02-05307
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
regular Meeting 7:30 P.M. February S, 1986
PRESENT:
Mayor - Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman,
Killeen, Peterson, Lytel, Romanowski, Schlather
OTHERS PRESENT:
City Attorney - Nash
City Controller - Spano
Deputy City Controller - Cafferillo
Deputy City Clerk - Paolangeli
City Chamberlain - Parsons
Personnel Administrator - Best -Shaw
Building Commissioner - Hoard
Supt. of Public Works - Dougherty
Planner - Jones
(.�.) Police Chief - Herson
Board of Representatives - Rep. Nichols
N.Y. State Assemblyman - MacNeil
PLEDGE OF ALLEGIANCE:
(Iti Mayor Gutenberger led all present in the Pledge of Allegiance
to the Amercian flag.
Welcome of City Attorney
Mayor Gutenberger welcomed Corporate Counsel /City Attorney
Ralph Nash to the position which he assumed as a result of
the resignation of Atty. L. Richard Stumbar.
Resolution of Sympathy
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, the death of Joseph A. Rundle on January 14, 1986
has brought a sense of loss to those who have been associated
with him over the course of his more than twenty years' public
service with the City of Ithaca, and
WHEREAS, he served as Fourth Ward Alderman from January 1966
through March 1973, representing his neighbors and constituents
ably and well, and
WHEREAS, during the same period he served the broader interests
of the city and its residents as member of various standing
committees of Common Council, including terms as Chairman
of the Urban Renewal and Industrial Development, Finance
and Accounts, and Executive Committees, and
WHEREAS, from April 1973 until his death, Joe faithfully
and conscientiously filled the office of City Clerk, maintaining
vital communications between city government and the citizens
of Ithaca, and
WHEREAS, Joe's gentle nature, good humor and sense of duty
were deeply appreciated and will be sorely missed by those
with whom he served; now, therefore, be it
(4000,11 RESOLVED, That this Common Council wishes to express its
deep sorrow at his passing and extend to his wife, Josephine,
and to members of his family, an expression of sincere sympathy
and heartfelt condolence, and be it further
RESOLVED, That as a tribute to his memory, this Resolution
be recorded in the Official Minutes of this meeting of Common
Council, and a copy be transmitted to his family.
Carried Unanimously
3U
-2-
February 5, 1986
MINUTES:
Minutes of January 8, 1986 Meeting
Alderperson Schlat er requested the following correction:
The resolution at top of page 3 should read: "RESOLVED,
That this Council reappoints Morris Angell and Ms. Jean Spitzer
to the Local Advisory Board of Assessment Review for terms
of office to expire December 31, 1986."
Resolution
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the minutes of the January 8, 1986 meeting
be approved as corrected.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM AGENDA:
Planning and Development Committee
Alderperson Cummings requested t e deletion of Item C. Stewart
Avenue Repairs, and the substitution of Report in its place.
No Council person objected.
Unfinished and Miscellaneous Business
Alderperson Hoffman requested substitution of a modified
resolution to replace Item A. Hydropower Application for
Ithaca Falls.
No Council person objected.
Report of Special Committees and Council Liaisons
Alderperson Killeen requested the addition of two items:
Item B, Fire Master Planning Committee Report and Item C,
Alternate Side Parking Report.
No Council person objected.
Executive Session
Mayor Gutenberger requested an Executive Session at the end
of the meeting on the topic, Lease and Land Negotiations- -
Department of Social Services.
No Council person objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL
Citizen's Comment on Executives' Salaries
Mr. Guy A. Gerard, 117 Farm Street, spo e to the Council
with regard to Budget and Administration Agenda Item D. Employees
Not Covered by a Union. He expressed displeasure with the
proposed salaries for those employees and stated that the
Mayor and Council, who are elected by the citizens, are responsible
for formulating policy, not department heads who are hired
to implement policy. He also called attention to Agenda
Item XVII(A) Conservation Advisory Council - Fall Creek Bank
Stabilization Project. He asked what action the Council
planned to take on the resolution, considering that the job
has already been done before bringing it to Council.
Presentation by Member of Assembly MacNeil
Assemblyman Sam MacNeil presented a pen certificate to Mayor
John Gutenberger which was signed by Governor Mario M. Cuomo,
and which reads as follows:
"STATE OF NEW YORK EXECUTIVE CHAMBER
This is to certify that the pen hereunto affixed was used
by me in approving Senate Bill Number 6362, by Senator Riford;
and in Assembly by Member of Assembly MacNeil, entitled:
J
-3-
February 5, 1986Ii��
"AN ACT to authorize the City of Ithaca, Tompkins County,
to discontinue the use of certain lands owned for park and
recreation purposes"
Became a law August first, being Chapter 757 of the Laws
of 1985.
GIVEN under my hand and the Privy Seal of the State at the
Capitol in the City of Albany this first day of August in
the year one thousand nine hundred and eighty -five.
BY THE GOVERNOR Mario M. Cuomo
Michael J. DelGuidace, Secretary to the Governor"
"The Ithaca Farmers' Market Board thinks that the area presently
occupied by the Ithaca City Water and Sewer Plant is acceptable
for consideration as a possible Ithaca Farmers' Market Site.
The Ithaca Farmers' Market Board wishes to study, with the
City, the feasibility of developing this site."
Approved Unanimously by the
IFM Board
December 12, 1985
"At this time the Ithaca Farmers' Market Board is excited
about the possibility of the water and sewer site as a permanent
location for the market. There are still a lot of details
to work out. To this end, the Ithaca Farmers' Market budget
(400,01 committee is recommending that $1,000.00 be allocated to
go towards a design study for the site, to be used as matching
funds for the New York State Council of the Arts Grant."
Presented to the Common Council.
February 5, 1986
George Sheldon, Lansing, N.Y., a member of the Board, commented
that the Inlet Island site is the preferred site of the Board.
Assemblyman MacNeil commented that he was pleased to be part
of the program which recognizes the Mayor's diligent efforts
in trying to create a long -range program for the industrial
and recreational and, hopefully, as discussed with Susan
Cummings, some of the living conditions we would have in
the future of Ithaca.
lA.
�j-
Ag Quad - Stone Hall
Ms. Barbara E. Ebert, Executive Director of Historic Ithaca
addressed the Council, acknowledging the continued dedication
of the Mayor, Common Council and the professional staff of
<X-
the city to the ongoing efforts to preserve Stone Hall. She
said that Historic Ithaca and its lawyers have worked with
the city to develop the framework for the appropriate legal
actions to prevent the demolition of Stone Hall. They look
forward to working with the City and City Attorney in their
continued endeavors to support the city's Landmark Ordinance
in the case of the threat to Stone Hall.
Farmers Market Proposed Sites
(600e
Jim Linton, 5136 Enfield Ctr. Rd. presented a report prepared
by the Planning Department as the result of a survey they
did on the Ithaca Farmers Market, and a report from the Market's
consultant. He also presented pictures taken of the Southwest
Park site, which he said is the site he prefers.
Chris Gartlein, 350 Hill Rd., representing the Ithaca Farmers
Market, read the following statements from the Ithaca Farmers
Market:
"The Ithaca Farmers' Market Board thinks that the area presently
occupied by the Ithaca City Water and Sewer Plant is acceptable
for consideration as a possible Ithaca Farmers' Market Site.
The Ithaca Farmers' Market Board wishes to study, with the
City, the feasibility of developing this site."
Approved Unanimously by the
IFM Board
December 12, 1985
"At this time the Ithaca Farmers' Market Board is excited
about the possibility of the water and sewer site as a permanent
location for the market. There are still a lot of details
to work out. To this end, the Ithaca Farmers' Market budget
(400,01 committee is recommending that $1,000.00 be allocated to
go towards a design study for the site, to be used as matching
funds for the New York State Council of the Arts Grant."
Presented to the Common Council.
February 5, 1986
George Sheldon, Lansing, N.Y., a member of the Board, commented
that the Inlet Island site is the preferred site of the Board.
310
-4- February 5, 1986
Susan Blumenthal, 117 Pearsall Place, Chairperson of the
Planning Board, provided an update on the work the department
and the Ithaca Farmers' Market Board have done to date in
trying to locate a site for the Market. She said that five
proposed sites are worthy of consideration: Stewart Park,
Cass Park, Taughannock Boulevard, Southwest Park and the
water and sewer site.
Steve Jackson, 142 Giles Street, Planning Board member, commented
that serious consideration should be given to the commercial
viability of the market being located on the Southwest Park
site. It would be very expensive to develop that site as
a Farmers' Market site that would meet the requirements the
Board have talked about. He said there is much more work
to be done concerning the water and sewer site with regard
to the economics involved; he also said a design study is
needed.
Susan Booth Titus, 316 Auburn Street, a member of the Farmers'
Market, commented that she is not very excited about the
water and sewer site; she said there would be noise from
Route 13, odor from the water and sewer operation, and asked
about the extent of cleanup of the site by the city. She
also said there are rats at the site.
REPORT OF BOARD OF REPRESENTATIVES:
Department of Social Services
Rep. Nichols reported that a group of people from the Board
of Representatives toured City Hall and the Annex on the
9th of January to see the conditions that the DSS has been
complaining about. She said that City I -Iall is a nice, well -kept
building; the Annex shocked her. She had not been over there
for about twelve years, at which time it was clean. Now
it is really unsavory. On the 23rd of Jarinary the group
took a bus tour to the county facility at the old hospital
and they used City Hall as the starting point, and the Mayor
accompanied them. The time for the trip to the hospital
was 13 minutes; coming back, with one stop, it took 10 minutes.
Rep. Nichols reported that the Board of Representatives,
at their meeting the day before, agreed to have a committee
of the whole next Tuesday evening at which time they will
discuss the information that the Mayor shares with them following
deliberations of the Council. It was agreed that the decision
on the move would be made on the schedule that has been pre-
viously agreed upon with Mayor Gutenberger on February 18.
That will be the next meeting of the county board.
County Department Head Vacancies
Rep. Nichols reported that t e county has filled two vacancies;
the new head of the Finance Department is a city resident,
Scott Heyman, who is very highly qualified; and the new head
of the Probation Department, Catherine Leinthall who is not
only a master o'f social work, but is also a licensed peace
officer who the board feels will do an admirable job.
Landfill
Al e pperson Schlather asked Rep. Nichols if there was anything
to the report on the landfill. She responded by saying that
she had attended a meeting that day at noon. A special committee
is set up of which the chairman is the representative from
the district where the Landstrom site now stands, and he
obviously is eager to solve this. It will be discussed next
week at the county Planning Board on Wednesday night.
COMMUNICATIONS FROM THE MAYOR:
Department of Social Services
Mayor Gutenberger reported that the county has until February
18, 1986 to make the decision on a permanent location for DSS.
-5- February 5, 1986 311
In conversations up to the previous Friday evening it was
suggested that the city have a proposal to the Board by February
13; that has now been moved up to February 11, 1986. Therefore,
the Mayor announced that there will be a Special meeting
of the Common Council on Monday, February 10, 1986 at 5:00 P.M.
Salting Policy
Mayor Gutenberger distributed the following communications:
a letter from Atty. William Sullivan, Jr., dated January
30, 1986, regarding the dangerous street conditions this
winter season, specifically on January 28, 1986; a letter from
Police Chief Herson to Supt. of Public Works, dated January
29, 1986 with supplementary reports from Traffic Patrolman
Loson and Dispatcher Hutchinson regarding problems they exper-
ienced with the City's Salt Policy. Mayor Gutenberger said
he had talked to Atty. Sullivan, asking him to hold off notifying
the insurance companies until the Council had time to discuss
the problem. He asked the Council to read the communications
and be prepared to discuss the problem at the meeting February
10.
C.� Mayor Gutenberger reported also that he had received numerous
(_ ?1 calls from residents who were concerned about the condition
of the streets, especially around the schools in the community
where there could be accidents involving the children.
.h IURA Meetings
Mayor Gutenberger announced that the IURA will have its regular
meeting at 7:30 p.m. on Monday, February 10, 1986 and will
hold a public hearing on the Community Development Application
on February 13, 1986 at 5:00 p.m.
MAYOR'S APPOINTMENTS:
Community Development Citizens Advisory
Mayor Gutenberger requested approval of
appointment of the following persons to
Committee for two year terms to expire
Fred Doyle, 601 Hector Street
Rex Hildreth, 321 N. Fulton Street
Mrs. Loni Peck, 516 Chestnut Street
Mark Zaharis, 308 Sheffield Road
Committee
the Council for the
the CD Citizens Advisory
3- a -fru4-� 31, 1987:
; 1
Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That this Council approves the appointment of Fred
Doyle, Rex Hildreth, Mrs. Loni Peck and Mark Zaharis to the
Community Development Citizens Advisory Committee, with terms
to expire January 31, 1987.
'� -. Carried Unanimously
Examining Board of Electricians
Mayor Gutenberger requested approval of the Council for the
appointment of Jeffrey Lallas, 218 Utica Street, to the Examining
Board of Electricians for a three year term to expire December
31, 1988.
Resolution
By Alderperson Roffman: Seconded by Alderperson Peterson
RESOLVED, That this Council approves the appointment of Jeffrey
Lallas to the Examining Board of Electricians for a term
to expire December 31, 1988.
Carried Unanimously
Mr. Lallas took the Oath of Office and was sworn in by Deputy
Clerk Paolangeli.
312
-6- February 5, 1986
City Prosecutor, City Attorney
For information o the Council, Mayor Gutenberger reported
that he had appointed Stephen M. Bowman, of Adams, Theisen
& Nash, 301 The Clinton House, as City Prosecutor for a two
year term to expire December 31, 1987; and that he had appointed
Ralph IV. Nash, of Admas, Theisen & Nash, 301 The Clinton
House, as City Attorney to fill the unexpired term of L. Richard
Stumbar, who resigned. The term expires December 31, 1987.
Youth Bureau Board
Mayor Guten erger requested approval of the Council for appoint-
ment of Don Darling, 313 Center Street and Mrs. Pat Lallas,
218 Utica Street, to the Youth Bureau Board for three year
terms to expire December 31, 1988.
Resolution
By Alderperson Killeen: Seconded by Alderperson Peterson
RESOLVED, That this Council approves the appointment of Don
Darling and Mrs. Pat Lallas to the Youth Bureau Board for
terms to expire December 31, 1988.
Carried Unanimously
CITY ATTORNEY'S REPORT:
Alderperson Schlather asked City Atty. Nash what steps have
been taken to protect our rights under the Ag Quad demolition.
Atty. Nash repsonded that when he took office the previous
Monday, former City Atty. Stumbar had started papers for
some type of injunctive relief. He reviewed those and is
doing research on what the city can do legally. His feeling
is that probably it would be helpful if we could find some
state authority to back up the municipal authority and the
state historic designations and some of the acts that the
state has passed regarding historic designation. He said
it is his understanding from Planning and Development that
probably they will not begin demolition for another month
and lie is going to try to review it all in the next week
or two and put together the best case for stopping it at
this point unless some other proposal is put forth. He intends
to talk with Cornell attorneys about the situation but doesn't
expect that really to do much.
Recess
Common Council recessed at 8:45 p.m. and reconvened in regular
session at 8:55 p.m.
PLANNING AND DEVELOPMENT
Stewart Par - NYSCA Grant Award
Alderperson Cummings recalle that a year ago Council authorized
application to the Council on the Arts for design assistance
to carry the Stewart Park Master Plan one step closer to
reality. She reported that the Council on the Arts has awarded
us $6,500 toward that. She recommended that this item should
be referred to the Budget and Administration Committee which
has the contingency funds and the Planning and Development
Committee would also review and make a recommendation to
send to the Budget and Administration Committee by next month.
Resolution
By Al erperson'Cummings: Seconded by Alderperson Peterson
RESOLVED, That the item of design assistance and the NYSCA
Grant Award be referred to the Budget and Administration
and Planning and Development Committees.
Carried Unanimously
Municipal Composting
Alderperson Cummings reported that the Planning and Development
Committee had a presentation by Rob Young, entrepreneur, who
had been involved in setting up a composting municipal waste
project in Berkeley, California, reducing Berkeley's solid waste
stream by 2S percent, providing 22 jobs and operating at a profit.
-7- February S, 1986
The Planning and Development Committee has been interested
in continuing to examine the possibility of municipal composting
in light of the fact that the landfill situation is soon
to be quite limited and the new cost system for disposal
of our trash will eventually give an incentive to reduced
volume. This looks to be a way to reduce volume and ultimately
save the city some money. The next step is to find out whether
or not this process is at all feasible in this city, given
the climate, available waste, our system of disposal. We
have been inviting input from other Council members because
we want to know whether you want to proceed further and take
a look at this.
Discussion followed on the floor. The Council indicated
that they would like this pursued further.
Stewart Avenue Repairs
Alderperson Cummings reported that she had been been working
with Supt. of Public Works Dougherty, and they were under
the impression they had been given a February deadline for
( reporting to Council, and to that end one of Mr. Dougherty's
U) staff members has been working to put together some numbers
for anticipated costs on brick repairs and its relationship
to the overall 1986 paving program. The figures are going
(�� to the Streets and Facilities Committee of the Board of Public
Works, and the Board will be discussing the figures at their
meeting of the 11th. They will be back in the Planning and
Development Committee for their meeting on the 4th Wednesday
of the month. They will be copied and given to all Council
members. The Planning and Development Committee will bring
it back to Council in March.
Farmers' Market Site
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the Planning and Development Committee recognizes
the importance of the Ithaca Farmers' Market (IFM) to the
community, and
313
WHEREAS, the Committee recognizes the need of the IFM for
a permanent home which is attractive, accessible, and commercially
viable, and
WHEREAS, the Committee has received the reports of the Planning
and Development Board describing its evaluation of possible
sites for a permanent home for the IFM, and
WHEREAS, the Planning and Development Board has recommended
that the highest priority be given to efforts to design acceptable
arrangements for a permanent site for the IFM at the location presently
occupied by the City of Ithaca's water and sewer plant facilities;
now, therefore, be it
RESOLVED, That Common Council approves in concept the location
of the permanent home for the Ithaca Farmers' Market at the
site presently occupied by the City's water and sewer plant
facilities, on the lots bounded by Franklin Street, Lake
Avenue, and Route 13, and be it further
RESOLVED, That the financial arrangements governing this
site be guided by the following principles: 1) all outside
sources of funding, including the IFM itself, will be explored
and utilized as much as possible, 2) City funds will be committed
to the project at the lowest possible level consistent with
the creation and maintenance of an attractive and commercially
viable IFNI home, and 3) City contributions to the cost of
the project will be treated as investments in the future
of the IFM, with financial returns to the City to grow with
the growth and prosperity of the IFM.
314
February 5, 1986
Amending Resolution
By Alderperson Holtman: Seconded by Alderperson Lytel
WHEREAS, the Common Council recognizes the importance of the
Ithaca Farmers' Market (IFM) to the community, and
WHEREAS, the Common Council recognizes the need of the IFM for
a permanent home which is attractive, accessible, and commercially
viable, and
WHEREAS, the Council has received the reports of the Planning
and Development Board describing its evaluation of possible sites
for a permanent home for the IFM, and
WHEREAS, The Planning and Development Board has recommended
that the highest priority be given to efforts to design acceptable
arrangements for a permanent site for the IFM at the location
presently occupied by the City of Ithaca's water and sewer plant
facilities; now, therefore, be it
RESOLVED, That Common Council finds the site presently occupied
by the City's water and sewer plant facility (bounded by Franklin
Street, Lake Avenue, and Route 13) to be an attractive and
promising potential location for a permanent Farmers' Market,
and be it further
RESOLVED, That Common Council directs the Planning and Development
Department and the Department of Public Works to give high
priority to devising acceptable arrangements for use of said site
as a Farmers' Market, addressing issues of parking, traffic flow,
site design and possible complementary uses of the site and its
structures, and be it further
RESOLVED, That the financial arrangements governing this site
be guided by the following principles: 1) all outside sources
of funding, including the IFM itself, will be explored and
utilized as much as possible, 2) City funds, will be committed
to the project at the lowest possible level consistent with the
creation and maintenance of an attractive and commercially viable
IFINI home, and 3) City contributions to the cost of the project will
be treated as investments in the future of the IFM, with financial
returns to the City to grow with the growth and prosperity of
the IFM.
Discussion followed on the floor.
Amending Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the word "permanent" be removed from the resolution.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (5) - Schlather, Romanowski, Booth, Dennis, Haine
Nays (5) - Cummings, Lytel, Killeen, Hoffman, Peterson
Mayor Gutenberger voted Nay, breaking the tie.
Motion Defeated
Further discussion followed on the floor.
Amending Resolution
By Alderperson Ilaine: Seconded by Alderperson Schlather
RESOLVED, That the third line of the first BE IT FURTHER
RESOLVED be removed (give high priority to devising acceptable
arrangements for) and the following phrase replace it "study the
use." In the fifth line after site design, the following be added:
"costs for both the city and the IFM, land use implications."
A vote on the resolution resulted as follows:
Ayes (6) - Schlather, Romanowski, Booth, Dennis, Haine, Killeen
Nays (4) - Cummings, Lytel, Hoffman, Peterson
Carried
February 5, 1986 315
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the first RESOLVED, be amended to read as
follows:
"RESOLVED, That Common Council finds the site presently occupied
by the City's water and sewer plant facility (bounded by
Franklin Street, Lake Avenue, and Route 13) to be a potential
location for a permanent Farmers' Market, together with the
Stewart Park, Southwest Park and the present sites, and"
and That the first BE IT FURTHER RESOLVED be amended to read
as follows:
"be it further RESOLVED, That Common Council directs the
Planning and Development Department and the Department of
Public Works to study the use of said sites as a Farmers'
Market, addressing issues of parking, traffic flow, site
design, cost to the city and IFM, land use implications and
possible complementary uses of the sites and their structures,
(� and"
(}� and That the second BE IT FURTHER RESOLVED be deleted.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (5) - Schlather, Romanowski, Booth, Dennis, Haine
Nays (5) - Cummings, Lytel, Hoffman, Peterson, Killeen
Mayor Gutenberger voted Nay, breaking the tie.
Motion Defeated
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the second BE IT FURTHER RESOLVED be amended
to read as follows:
"be it further RESOLVED, That the financial arrangements
governing this site be guided by the following principles:
1) all outside sources of funding, including the IFM itself,
will be explored and utilized as much as possible, 2) if
City funds are committed to the project, the same will be
committed at the lowest possible level consistent with the
creation and maintenance of an attractive and commercially
viable IFM home, and 3) Any City contributions to the cost
of the project will be treated as investments in the future
of the IFM, with financial returns to the City to grow with
the growth and prosperity of the IFM."
Carried Unanimously
Main Motion as Amended
WHEREAS, the Common Council recognizes the importance of
the Ithaca Farmers' Market (IFM) to the community, and
WHEREAS, the Common Council recognizes the need of the IFM
for a permanent home which is attractive, accessible and
commercially viable, and
(4000" WHEREAS, the Council has received the reports of the Planning
and Development Board describing its evaluation of possible
sites for permanent home for the IFII, and
WfIL1IAS, the Planning and Development Board has recommended
that the highest priority be given to efforts to design
acceptable arrangements for a permanent site for the IFM
at the location presently occupied by the City of Ithaca's
water and sewer plant facilities; now, therefore, be it
IESOLVED, That Common Council finds the site presently occupied
by the City's water and sewer plant facility (bounded by Franklin
Street, Lake Avenue, and Route 13) to be an attractive and
promising potential location for a permanent Farmers' Market,
and
31G)
-10- February S, 1986
RESOLVED, That Common Council directs the Planning and
Development Department and the Department of Public Works
to study the use of said site as a Farmers' Market, addresing
issues of parking, traffic flow, site design, costs for both
the City and the IFM, land use implications, and possible
complementary uses of the site and its structures, and be
it further
RESOLVED, That the financial arrangements governing this
site be guided by the following principles: 1) all outside
sources of funding, including the IFM itself, will be explored
and utilized as much as possible, 2) if City funds are committed
to the project the same will be committed at the lowest possible
level consistent with the creation and maintenance of an
attractive and commercially viable IFM home, and 3) any City
contributions to the cost of the project will be treated
as investments in the future of the IFM, with financial returns
to the City to grow with the growth and prosperity of the
IFM.
A vote on the main motion as amended resulted as follows:
Ayes (8) - Cummings, Lytel,.Dennis, Booth, Killeen, Haine,
Hoffman, Peterson
Nays (2) - Romanowski, Schlather
Carried
Farmers' Market - NYSCA Grant Application
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, The City of Ithaca is committed to assisting the
Farmers' Market in securing a permanent location, and
WHEREAS, it has been recommended by both the Planning and
Development Board and the Planning and Development Committee
that priority be given,to examining the feasibility of the
site currently occupied by the City's water and sewer facilities
at Franklin Street as a future site for the Market, and
WHEREAS,- the possibility exists to convert the site from
an unattractive industrial presence to one that enhances
the surrounding residential neighborhood and serves as an
attractive City entryway, and
WHEREAS, a number of possible options exist for designing
layout and circulation patterns for the site and evaluating
the re -use potential of existing structures to suit both
the Market's operations and the neighborhood's needs, and
WHEREAS, a site design study is needed to explore fully possible
options and to determine how best to utilize the site, and
WHEREAS, the feasibility of using the site for the Farmers'
Market would be,better determined with such a study; now,
therefore, be it
RESOLVED, That Department of Planning and Development staff
he hereby authorized to make preliminary application to the
NYSCA for grant funds to reduce the cost of said study. Council
approval of final submission is to be contingent upon financial
participation in this study by IFM and upon availability
of 1987 City funding, and upon positive initial findings
that the water and sewer site is a viable option for site
preparation necessary for any transfer or lease of this parcel.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Lytel, Cummings, Dennis, Haine, Killeen, Peterson
Nays (4) - Schlather, Romanowski, Booth, Hoffman
Carried
0
f.l_)
-11- February 5, 1986
HUMAN SERVICES COMMITTEE:
Hall of Justice Renovations
Alderperson Peterson reported that the Human Services Committee
saw preliminary sketches of changes to the Hall of Justice,
which moves the communications room and the officers' room
down to first floor and stressing the need for accessibility
to the building and visibility of the officers when people
come in needing assistance. It was suggested that this item
be referred to the Budget and Administration Committee later
this month. It went to the Streets and Facilities Committee
of BPW and so far they have passed a resolution on to the
BPW which is meeting next week to support these changes to
the Hall of Justice and start construction drawings which
give more specific costs.
Handicapped Accessibility Improvements Adjustments Phase I
By Alderperson Peterson: Seconded by Alderperson Ho man
WHEREAS, less money was allocated to 1986 handicapped access-
ibility improvements than Phase 1 required, and
WHEREAS, administrative costs were removed from Phase 1,
and
WHEREAS, it was necessary to remove an additional $4355.00;
now, therefore, be it
RESOLVED, That the following adjustments be made to Phase
1 to accomplish this budget cut:
Central Fire Station
Seneca Garage
Cass Park
Hall of Justice
Conway Park
Election Day
Cass Park
Visually Impaired
$100 Doormat
60 Mirrors
30 Move Space
60 Mirrors
100- -Hand Rails -one
bathroom
1500 One bathroom entrance
200 Walkway
600 Temporary signs
300 Two field bathrooms
800 Steps, stall doors
600 Fewer Signs, Year 1
4350
Carried Unanimously
Police and Fire Disability Leave Benefits Policy
By Al.derperson Peterson: Seconded by Alderperson Dennis
RESOLVED, That the following document be adopted as the City
of Ithaca Police and Fire Disability Leave Benefits Policy.
POLICE AND FIRE DISABILITY LEAVE BENEFITS POLICY
[207 (a) (c) Policy]
The following sections and apendices represent the City
of Ithaca's policy for the administration of benefits to
employees covered by Sections 207 (a) and (c) of the General
Municipal Law. The City will administer those benefits defined
below according to the policies and procedures set forth
herein. For further explanation of the law, please refer
to Sections 207 (a) and (c) of the General Municipal Law.
Section I. LIGHT DUTY
31'7
Whenever possible, and where light duty or reasonably less
hazardous duty is available, and the employee is qualified
to perform such duty, the City will provide such duty for
police officers and firefighters who have suffered disability
through an on -duty injury or illness. This duty, where available,
will be allowed in accordance with restrictions as provided for
in a thorough statement from the employee's attending physician
318
-12-
February 5, 1986
or licensed medical authority selected by the City. The
City, at its discretion, may require the employee to receive
a second medical opinion. Arrangements for the medical
examination for the purpose of receiving a second medical
opinion shall be the responsibility of the employer. In
cases where a police officer or firefighter is refused light
duty by the Department head, the employee has the right to
appeal the decision through the grievance procedure under
the appropriate labor agreement.
If an employee refuses light duty when offered pursuant to
this policy, the City may take appropriate disciplinary action
against the employee, in accordance with the applicable collective
bargaining agreement.
Section II: 207 (a) (c) FORM
The On -Duty Injury Report Form is to be filled out for the
initial injury or illness. If the employee returns to work
and is subsquently on disability.leave as a result of the
same injury, a new report need not be filed. The Department
is to notify the Personnel Administrator of any time lost
as a result of the injury sustained. In addition, the Personnel
Administrator will provide the Department head with a progress
report sheet that will supplement the On -Duty Injury Report
Form. The purpose of this supplemental form is to advise
of the progress in the form of medical reports on the prognosis
of the employee toward returning to full or light duty status.
This will allow duty officers to remain current on the status
of each employee on 207 (a) or (c) leave in determining schedules,
etc. It will also assist the Personnel Administrator in
determining the feasibility of making application to the
State Retirement System for disability retirement on behalf
of the employee or the City. -
Section III: CLOTHING ALLOWANCE
An employee who is on 207 (a) or (c) leave during an entire
contract year shall not be entitled to clothing allowance
benefits, However, if the employee should work during any
portion of the contract year, he or she would be entitled
to the full amount of clothing allowance as provided for
in the appropriate labor agreement. Under no circumstances
would an employee be entitled to receive the equivalent of
two (2) clothing allowance during a fiscal year.
Section IV: VACATION TIME*
An employee who is on 207 (a) or (c) leave for less than
ninety (90) days in a calendar year shall be entitled to
his or her entire vacation allowance for that year. An employee
who is on 207 (a) or (c) leave for more than ninety (90)
days in a Calendar year shall receive vacation on a pro rata
basis. If an employee returns to work in a light duty capacity,
working fewer hours than a normal work day, the employee
shall receive vacation leave benefits on the basis of time
worked. Employee leave records are to be reconciled and
posted each year prior to December 31st.
* Reference to days in this section shall mean consecutive
calendar days for Fire Department personnel, and cummulative
working days for Police Department personnel.
Section V: HOLIDAY TIME
An employee who is on 207 (a) or (c) leave during a period
in which a contractually recognized holiday falls shall receive
no credit for that holiday. If an employee returns to work
in a light duty capacity, working fewer hours than a normal
work day, the employee shall receive holiday leave benefits
on the basis of time worked.
19"
19.�'
Section VI: SICK TIME -13- February 5, 1986 31111
An employee who is on 207 (a) or (c) leave shall receive
the full allowance of sick leave earned if work - related dis-
ability period is less than one (1) month or thirty (30)
days. If the work - related disability period is thirty (30)
days or more, the employee shall receive sick leave as earned
during the time worked. If the employee returns to work
in a light duty capacity working fewer hours than a normal
work day, the employee shall receive sick leave benefits
on the basis of time worked. Any employee receiving benefits
greater than those provided for in this section shall continue
to receive such benefits until such time, that the employee's
status should change.
At such time that an employee has been on 207 (a) or (c)
disability leave for six (6) consecutive months, the Personnel
Administrator and Department head shall request a complete
statement from the employee's attending physician and /or
other licensed medical authority as designated by the City.
The City, at its discretion, may require the employee to
(D receive a second medical opinion. Arrangements for the medical
CC) examination for the purpose of receiving a second medical
opinion shall be the responsibility of the employer. The
purpose of this medical information is to provide a basis
CY) for the employee, or the Personnel Administrator on the employee's
CO behalf, to make application for the employee's disability
<f retirement with the New York State Retirement System, if
applicable.
Section VII: KELLY TIME
Kelly Time is a part of the annual work schedule for employees
of the Ithaca Fire Department. The scheduling of Kelly Time
is not affected by work- related disability,,, No adjustments
of Kelly Time in either time or money wil be made for an
employee who is disabled as result of a work - related injury.
ANY QUESTIONS RELATED TO THE APPROPRIATE APPLICATION
OF THE SECTIONS OF THIS POLICY SHOULD BE DIRECTED TO THE
PERSONNEL ADMINISTRATOR.
APPEAL PROCESS
This policy is subject to the grievance procedure in
the appropriate labor agreement. If an employee affected
by any section of this policy feels that he or she has not
received the appropriate benefit(s) as outlined therein,
that employee may first confer with the Personnel Administrator.
If not satisfied at this level, he or she may file a grievance
in accordance with the provisions of his or her labor agreement
in a timely fashion.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
Cass Park Petty Cash Fund
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Petty Cash Fund for Cass Park be increased
F1,0111 $150 to $200, as requested by the Youth Bureau Director.
Carried Unanimously
Audit
By Alderperson Dennis; Seconded by Alderperson Schlather
RESOLVED, That the bills audited and approved by the Budget
and Administration Committee, in the total of $21,138.53,
as listed on Audit Abstract #2/1986, be approved for payment.
320
-14- February 5, 1986
Discussion followed on the floor. Alderperson Schlather
asked the Mayor to find out why auto body repairs are done
outside the city garage.
A vote on the resolution resulated as follows:
Carried Unanimously
Deputy City Clerk Compensation
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, Deputy City Clerk Callista F. Paolangeli has been
working out of title by assuming the duties of the City Clerk,
and
WHEREAS, the C.S.E.A. - Administrative Unit Compensation Plan
calls for an employee to be compensated at the higher rate
of pay while performing the duties of a higher title; now,
therefore, be it
RESOLVED, That the salary of Callista F. Paolangeli be increased
to $26,028, that being the minimum salary for the title of
City Clerk, as shown on the 1986 Executive Unit Compensation
Plan, and be it further
RESOLVED, That said salary be made effective January 20, 1986.
Amending Resolution
By Alderperson Killeen: Seconded by Alderperson Cummings
RESOLVED, That the resolution be amended to read, "RESOLVED,
That the salary of Callista F. Paolangeli be increased to
$27,000, and be it further
RESOLVED, That said salary and appoinment be made effective
January 20, 1986."
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (2) - Cummings, Killeen
Nays (8) - Schlather, Romanowski, Lytel, Dennis, Booth,
Haine, Hoffman, Peterson
Motion Defeated
A vote on the main motion resulted as follows:
Carried Unanimously
Employees Not Covered by a Union
By Alderperson Dennis: Secon ed by Alderperson Schlather
RESOLVED, That the 1986 salaries for those employees not
covered by a Union, effective with the first pay period of
1986, be as follows:
Personnel Administrator
$30,356
Purchasing Agent
31,531
Youth Bureau Director
38,642
Building Commissioner
38,719
Fire Chief
39,346
Deputy City Controller
39,727
Director of Planning and Development
40,511
Police Chief
41,331
Superintendent of Public. Works
45,008
City Controller
47,707
Discussion followed on the floor. Alderperson Schlather
explained that the Committee had attempted to devise a mechanism
whereby management employees could be evaluated on a regular
basis, and settled on a procedure and a form. Each year
the Mayor would evaluate the department heads and interview
them, doing a ranking of some sort and make recommendations
(f ,1
iy i l
11�
CIA
,4:1,
-15- February S, 1986
to the Budget and Administration Committee who would in turn
review the Mayor's recommendations and make recommendations
to Council. Council would, at that time, act on the B&A
Committee's and Mayor's recommendations. The Mayor didn't
like that proposal and told the B&A he didn't like it and
would not evaluate these employees. The Committee was opposed
to simply giving across- the -board raises to department heads.
They wanted to inject a certain amount of merit to raises.
So they decided to create a pot that would represent 20 of
a So raise. Everybody would get 3% and 2% would be put into
a collective pot and it would divided up, after adopting
the policy of evaluations.
Mayor Gutenberger responded, saying there hasn't been a policy
adopted except the Budget and Administration Committee has
made a policy and come out with these figures. The entire
council was not privy to it. The employees have not been
individually counseled. The Council as a Whole have not
seen the evaluation of each of these employees. He suggested
that it be tabled until next month and go through procedures
that the entire Council and all of the employees are aware
of.
321
Tabling Resolution
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the resolution on salaries of Employees Not Covered
by a Union be tabled.
Ayes (8) - Cummings, Romanowski, Lytel, Hoffman, Peterson,
Dennis, Booth, Haine
Nays (2) - Schlather, Killeen
Carried
CHARTER AND ORDINANCE COMMITTEE:
Annexation Process for Youth Bureau Site _
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, the City of Ithaca is the owner of uninhabited territory
adjoining the City, but located in the Town of Ithaca, which
territory is more commonly known as the Youth Bureau building
site (formerly the Tin Can site); and
WHEREAS, the City of Ithaca is desirous of annexing said
territory to the City of Ithaca pursuant to the applicable
provisions of the General Municipal Law and the New York
State Constitution (Art 9, Sec 1 (d), of the New York State
Constitution), and
WHEREAS, Section 706 of the General Municipal Law requires
that the Town of Ithaca consent, by a concurring vote of
the majority of the members of the town board, to such annex-
ation as being in the best overall public interest; now,
therefore, be it
RESOLVED, That the City of Ithaca does herewith request the
Town of Ithaca, by its town board, to consent to the annexation
to the City of the so- called Youth Bureau building site,
more fully described in Schedule A, pursuant to Section 706
of the General Municipal Law and thereafter file such consent
with the Ithaca City Common Council as soon as practicable
under existing law.
SCHI -DULE A
That property in the Town of Ithaca known generally as Town
of Ithaca Tax Map Parcels 18 -2 -11 and 18 -3 -1, which parcels
are owned by the City of Ithaca, plus the section of road
in the town presently known as North Cayuga Street, lying
between the said parcels; all of which property is bounded
by a line described generally as follows:
' 29
-16- February S, 1986
BEGINNING in the east City Line near the entrance to
Stewart Park, said line also being the east line of the right -
of -way of a portion of North Cayuga Street, within the City,
at a point where the City /street right -of -way line is inter-
sected by the northwesterly boundary of the right -of -way
of New York State Highway 13; following a course thence north-
easterly and northerly along said State Highway r.o.w. line
to a point of intersection with the westerly boundary of
the r.o.w. of East Shore Drive /NYS Rt. 34; then northwesterly
along said r.o.w. boundary to a point of intersection with
the southeasterly line of Town of Ithaca Tax Map Parcel 18 -2 -10,
premises now or formerly owned by Stanley J, and Mary Anne
Bowman; then southwesterly and northwesterly along the southerly
and westerly lines of said Parcel 18 -2 -10 and along any such
portion(s) of said westerly line extended as may form the
westerly boundary of "Town of Ithaca Tax Map Parcels 18 -2 -8
and 18 -2 -9, premises now or formerly owned by Leo M. Wells,
to a point where such westerly line is intersected by the
east line of the City of Ithaca, which east line is also
the easterly boundary of a part of the Conrail r.o.w. which
follows the City line in this vicinity; then turning and
running southwesterly and southerly along the Conrail r.o.w.
and east City Line, as said City Line also becomes the east
line of a portion of North Cayuga Street within the City,
to the point and place of beginning.
Carried Unanimously
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Conservation Advisory Council --Fall Creek Bank
By Al erperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, the CAC has reviewed the Environmental Assessment
Form for the Fall Creek Bank stabilization project, and
WHEREAS, all environmental concerns have been satisfactorily
met by the Department of Public Works; now, therefore, be
it
RESOLVED, That there will be no significant impact to the
environment for this project and that a negative declaration
be prepared.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Fire Service Master Planning Committee
Alderperson Killeen reported that a final report is at the
moment being drafted and undoubtedly will be presented to
this Council in March.
Alternate Side Parking Committee
Alderperson Killeen reported that the Alternate Side Parking
Committee will be meeting in late February, the time and
place being set by Chairperson Myers, to consider recommendations
on variations for over night parking which are compatible
with the resident parking permit system.
UNFINISHED AND MISCELLANEOUS BUSINESS:
fi�'d_ropower Application for Ithaca Falls
Y,y Alderperson Ho- Fenian: Seconded y Alderperson. Killen
W11F.RI3AS, the Ithaca Falls and surrounding area are important
and highly valued neighborhood and community assets, utilized
for fishing, recreation, and appreciatio;i of :.ature, and
IVIiEREAS, environmental studies commissioned by the City of
Ithaca have shown that the environmental impact of a hydropower
plant at Ithaca Falls may be worsened by operation oC a facility
that diverts more water from the Falls than the plant proposed
h�' the (.it.v in 0(-tnhPr 1982, and
-17- February S, 1986 323
WHEREAS, the Federal Energy Regulatory Commission has indicated
that it prefers the hydropower application of Cornell University
which proposes diversion of more water from the Falls, in
spite of its greater potential impact, and
WHEREAS, the Federal Energy Regulatory Commission has given
the City of Ithaca until February 10 to amend its application
and "render its plans at least as well adapted" as those
of Cornell; now, therefore, be it
RESOLVED, That while the City should take the actions necessary
to retain its municipal preference status under the law,
the City should continue to make the strongest possible argument
to the Federal Energy Regulatory Commission, on legal and
environmental grounds, that a facility which diverts less
water from the Falls, as originally proposed by the City,
is best adapted for the Ithaca Falls site, because it preserves
more of the environmental integrity of the Falls and surrounding
natural resources while still making a highly efficient contri-
bution to energy generation.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Cummings, Killeen, Schlather, Romanowski, Lytel
Booth, Haine, Hoffman, Peterson
Nay (1) - Dennis
Carried
NEW BUSINESS:
A Local Law Amending Article II of the City of Ithaca Charter
Section 2.1 Entitled "Elective and Appointive Officers,"
and Section 2.10 Entitled "City Prosecutor: Authority and
Duties."
By Alderperson Schlather: Seconded by Alderperson Romanowski
we RESOLVED, That this item be withdrawn from the agenda and
referred to the Charter and Ordinance Committee for additional
work.
Carried Unanimously
Executive Session
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Council adjourn into Executive Session
for the purpose of discussion of a lease, contractual services
and the possible sale or purchase of property.
Carried Unanimously
ADJOURNMENT:
The Regular session adjourned at 11:40 p.m. at which time
the Council adjourned into Executive Session.
Callista F. Paolangeli
Deputy City Clerk