Loading...
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