HomeMy WebLinkAboutMN-CC-1986-03-05COMMON COUNCIL PROCEEDINGS 331
CITY OF ITHACA, NEW YORK
regular Meeting 7 :30 P.M. March 5, 1986
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Peterson, Lytel, Romanowski, Schlather
OTHERS PRESENT:
City Attorney - Nash
City Controller - Spano
Dep. Controller - Cafferillo
Acting City Clerk - Paolangeli
Personnel Administrator - Best -Shaw
Building Commissioner - Hoard
Fire Chief - Olmstead
Dep. Dir., Planning & Development - Mazzarella
Supt. of Public Works - Dougherty
Planner - Evans
C.D. Administrator - Goldwin
(.�.1 Dir., Planning $ Development - Van Cort
lt I
0. PLEDGE OF ALLEGIANCE:
0 j Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
w I'
MINUTES:
February 5, 1986
Alderperson Schlather requested correction, on page 5 under Communi-
ty Development Citizens Advisory Committee, of the name of Mrs. Loni
peck which is corrected to "Lani ".
Resolution
By Alderperson Peterson: Seconded by Alderfer -son Hoffman
RESOLVED, That the minutes of the February 5, 1986 meeting be
approved as corrected.
Carried Unanimously
February 10, 1986
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the minutes of the February 10 Special meeting be
approved as published.
Carried Unanimously
February 13, 1986
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the minutes of the February 13 Special meeting be
approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning � Development Committee
Alderperson Cummings requested addition of Item J, Update on Small
Cities Applications, and asked that it be the first item to be
taken up.
No Council person objected.
Budget F Administration Committee
(400"" Alderperson Dennis requested removal of Item E, Funding for NYSEG
Property.
Mayor Gutenberger requested that Item E be left on the Agenda, at
least for discussion.
No Council person objected to leaving it on the agenda.
Unfinished & Miscellaneous Business
Alderperson Hoffman requeste ad ition of Item A, a record of the
meeting of the Committee of the Whole on February 17, 1986.
No Council person objected.
3312 -2- March 5, 1986
,p or: of Special Committees and Council Liaisons
�derperson Killeen requeste eletion of "Possi le Referral Reso-
.__tion" from Item A.
No Council person objected.
2ETITIONS
Traffic L
George Sc
Mayor and
Avenue.
$ HEARINGS OF PERSONS BEFORE COUNCIL:
g t at Stewart A
uler, 110 Ferris
Council for the
venue
Place, expressed appreciation to the
traffic light at the corner of Stewart
Weatherization Ordinance
Larry Driscoll, 221 Prospect Street, addressed the Council with
regard to the proposed weatherization ordinance which he stated is
one more edge for diminishing his rights as an American citizen.
Lew Durland, a member of the Energy Conservation Committee, spoke
to the Council, urging passage of the proposed Energy Efficiency
Ordinance.
Weatherization Ordinance, Issues on Commons, DSS
Jeanne Fu data, 615 N. Aurora Street, spoke in favor of the pro-
posed weatherization ordinance. She also expressed the hope that
in adopting a solution to the problems on the Commons, while in-
suring the rights and safety of everyone, the Council will not
restrict free public assemblage and free public expression on the
Commons, or do anything to discourage bicyclists as this is a form
of healthy recreation and energy conservation.
Ms. Fudala thanked the City Council and Mayor for the generosity
they showed the DSS and commented that there is a great deal of
community support for keeping the DSS downtown.
COMMUNICATIONS OF THE MAYOR:
Mayor Guten erger expressed appreciation to Alderpersons Dennis,
Cummings and Peterson and Director of Planning & Development Van Cort`
for the work they had done on the DSS issue. He sympathized with
the entire Council in their feelings of anger, disappointment and
frustration but expressed the hope they will continue to work with
the county, town and other bodies on other issues which will come
up in the future.
MAYOR'S APPOINTMENTS_:
City's Youth Bureau Advisory Board
Mayor Gutenberger requested approval of the Council for appointment
of Randy Limber, 212 Columbia Street, to the Youth Bureau Advisory
Board for a three -year term to expire December 31, 1988.
Resolution
By Alderperson Killeen: Seconded by Alderperson Booth
RESOLVED, That the Council approves the appointment of Randy Limber
to the Youth Bureau Advisory Board for a term which will expire
December 31, 1988.
Carried Unanimously
Conservation Advisory Council
Fi -;yor Gutenberger requested approval of the Council for appointment
of Matthew Hamill, Carriage house, Terrace Hill, to the Conservation
Advisory Council for a two -year term to expire December 31, 1987.
Resolution
Ey Alderperson Killeen: Seconded by Alderperson Peterson
RESOLVED, That the Council approves the appointment of Matthew
Hamill to the Conservation Advisory Council for a term which will
expire December 31, 1987.
Carried Unanimously
Housing Board of Review
Mayor (�ut�)erger requested approval of the Council for appointment
of Douglas Look, X119 l:. Buffalo Street, and Alvin Nelson, 5O2 South
Albany Street, to the housing Board of Review for three -year terms
to expire December 31, 1988.
-3- March S, 198�3
Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the Council approves the appointment of Douglas Look
and Alvin Nelson to the Housing Board of Review for terms which will
expire December 31, 1988.
Carried Unanimously
Tompkins County Environmental Management Council (City Representative)
Mayor Gutenberger requested approval of the Council tor appointment
of Ms. Ashley Miller, 118 Cascadilla Avenue, to the Tompkins County
Environmental Management Council, as a city representative, for a
two -year term to expire December 31, 1987.
Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Council approves the appointment of Ms. Ashley
Miller to the Tompkins County Environmental Management Council, as
a city representative, for a term which will expire December 31, 1987.
Carried Unanimously
Mayor Gutenberger announced that he will be issuing a public announce-
ment listing committees, boards and commissions which still have
vacancies and ask for volunteers or suggestions of names to serve.
t.t.� CITY ATTORNEY'S REPORT:
�! Stone Hall
City Atty. Nash reported that as far as the Stone Hall case is con-
cerned, he hopes for a decision within the next week. He said the
judge is doing a good job at looking at all the issues and giving the
case serious consideration.
Alderperson Booth asked if, in the event the decision is not in our
favor, there will be time to appeal before any more damage is done.
City Atty. Nash responded that he is trying,_to do everything he can
to perfect an appeal in any case and try to -prevent further damage
until it can be heard.
Contract with Rice Associates
Alderperson Killeen asked City Atty. Nash if he had signed for the
city on the $30,000 cable consultant contract with Rice Associates
in Washington, D.C. City Atty. Nash responded that there were a
couple of technical changes made at the time he signed, after which
it was sent to Rice Associates last week and they have been told to
go ahead with the work.
Communication from the Attorney General's Office
City Atty. Nash reported receiving a communication from the Attorney
General's Office regarding the Toxic Waste Litigation the city got
into concerning two of its employees, and commented that he would like
to discuss it with the Council in Executive Session at the end of the
Regular meeting.
Cornell Heights Case
In reply to Alderperson Schlather, City Atty. Nash said he had heard
nothing further concerning the Cornell Heights Case Appeal.
REPORT OF BOARD OF REPRESENTATIVES:
DSS Location
Rep. Lifton reported on the issue as follows: "The Mayor, staff and
Alderperson Peterson spent many hours in coming to grips with this
issue. The night of the vote, in fact, many of you were there to see
the debate. The vote was 8 -7 to move the DSS to the old hospital
and to reject the offer that the City made. At yesterday's meeting
there were many comments about the action, many petitions with count-
less hundreds of signatures calling for the Board to reverse itself.
Parlimentarily, if the Board is to ever reverse itself our process
would be, to my understanding, that we can move to rescind that motion
now that it has been up for reconsideration. There seems to be no
movement to reconsider the positions of the 8 members who voted. As
I often do, I focus on }low your city representatives voted. Four out
of five city representatives voted to accept the downtown location as
it came out of Common Council. One member did not, Mr. True of the
334 -4- March S, 1986
:=first district. I can only share with you the regrets of those
-•�presentatives of the city who did vote your way. I think Mr. True
Is caught between his own convictions and the responsibilities of
representative democracy and came down on the side of his own con -
victions. I personally regret that."
Landfill Site
Rep. Lifton reported that the Board has to continue to deal with the
issue. "At its meeting the day before the Board voted to ask the
DEC to extend the time frame to a total of 3 years to make this
happen, in part because based on the Board's understanding of the
time sequencing to close the Landstrom site and the placing of that
ime sequencing in a weather condition such as ours, it would take
g
3 years to close that site once it is started. We, however, don't
have to stay in that site for 3 years if it takes 3 years to close
it. There was discussion by the Board and they have the firm, on-
the- record commitment of the chair of the committee being charged
with finding a solution (Mr. Proto of the Caroline -Danby District)
that he hopes to find the solution for a new landfill site in less
than 3 years."
Impressionistic Reactions
Rep. Lifton reported that Mayor Gutenberger and staff, principally
Mayor Gutenberger, as spokesperson for the City, came to the County
Board of Representatives on quite a few occasions during the dialogue
on what to do with DSS. He came as the Mayor of the county seat, and
Mr. Lifton commented that anyone with that role deserves the respect
of the County Board. He said that the Mayor took a lot of unnecessary
badgering and questioning about unrelated issues to the location of the
DSS. He found himself being lectured by some of the representatives
who have concerns about a different issue - Rte. 96. Rep. Lifton
commented that Mayor Gutenberger was a very graceful representative of
the city under very uncomfortable conditions.
Discussion concerning the DSS location folifte-d on the floor. Rep.
Lifton answered questions of the Council. 1,40)
PLANNING AND DEVELOPMENT COMMITTEE:
Community Development Program Grant Application
Alderperson Cummings f-e—poited that there has been a public hearing
called for Monday, March 10, 1986 at 8:00 a.m. to discuss a Community
Development Program Grant Single Purpose Application, changing the
application from Comprehensive to Single Purpose. This has been
necessitated by the loss of one of the economic development components.
Glenn Goldwyn, CD Administrator, presented the following to the Council:
"At the February 13th Common Council meeting a Comprehensiv6 CD program
and budget was passed. In order for Ithaca's submission to be rated
by HUD as a $600,000 comprehensive application, the program must in-
clude projects from three functional areas: Housing; Economic Develop -
ment; and Public Facilities. Ithaca's program included two Economic
Development projects: site work on the NYSEG lands to support IRONICS
Inc.'s development, and a small facade loan for a Green Street adver-
tising firm.
Both Economic Development components now present feasibility problems.
Th: facade sponsor has withdrawn its request. On Tuesday, 3/4/86,
IRONICS' Board of Directors voted to postpone a crucial grant relates'
agreement, pending the outcome of a venture capital offering within "Wm)
the next month. The lack of that agreement seriously weakened the
City's case for either the specific site improvements requested or th
designation as a comprehensive application.
There are other issues which must be addressed as a result of this
postponed decision, but for now, we must move quickly in order to
prepare a $400,000 Single Purpose application. This is the maximum
funding level under a system which permits both housing and public
facility improvements in support of housing.
The attached budget indicates the proposed program and budget. Of
the necessary $200,000 reduction, 62 percent has been taken from the
-5- March 5, 1986 335
'conomic Development components ($89,000) and CD Administration
($35,000). The balance of the required reduction is proposed to
come from Housing (Affordable Housing - $30,000; Loans $ Grants -
$46,000) .
The city's application must be postmarked 3/10/86, thus the special
Common Council meeting on such short notice to hold the required
public hearing for passage of the revised application."
Discussion followed on the floor.
Mayor Gutenberger called a Special meeting of the Council, to be
(4600", held in the Council Chambers at 8:00 a.m, on Monday, March 10, 1986,
to conduct a public hearing for passage of the revised Community
Development Program Grant Application.
Residential Parking Permit Program '
By Alderperson Cummings: Secon ed by Alderperson Killeen
WHEREAS, the Bryant Park, Collegetown, Lower East Hill and Cornell
Heights neighborhoods are subject to parking congestion caused by
commuters who regularly use on- street parking spaces in these neigh-
borhoods; and
WHEREAS, congested parking conditions have contributed to saftey
(X..i problems such as the blocking of fire hydrants, fire lanes and
driveways and have generally caused inconvenience to the residents
of these neighborhoods; and
WHEREAS, the Department of Planning and Development has documented
the extent and location of the parking problems in these neighbor-
hoods; and
WHEREAS, a Residential Parking Permit Program has been identified as
a method of eliminating on- street commuter Barking and preserving
more parking for neighborhood residents; and-
WHEREAS, the City of Ithaca currently has no authority to implement
such a program under existing New York State law; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes the Department of
Planning and Development, with the assistance of the City Attorney,
to draft and submit a bill to be introduced to the New York State
legislature which will give the City of Ithaca the authority to
implement a Residential Parking Permit Program; and be it further
RESOLVED, That if the City of Ithaca receives authorization to imple-
ment such a Residential Parking Permit Program, the boundaries and
regulations governing the program shall be presented to Common Council
for consideration as a local ordinance.
Discussion followed on the floor.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the following changes be made in the Residential
Parking Permit Program resolution:
A vote on the amending resolution resulted as follows:
Carried Unanimously
First
Second
WHEREAS:
WHEREAS:
insert "serious" before "parking" in the second line.
insert "significant" before "inconvenience" in the
third line.
Fourth
WHEREAS:
delete the word "eliminating" in the second line and
substitute the word "restricting."
Fifth
WHEREAS:
delete entirely.
RESOLVED:
in fourth line, insert ", if adopted," following
"which ";
in fifth line, insert "adopt and" following
"authority to."
BE IT
FURTHER RESOLVED: delete entirelv.
A vote on the amending resolution resulted as follows:
Carried Unanimously
3 3fi -6- March 5, 1986
Main motion as amended:
WHEREAS, the Bryant Park, Collegetown, Lower East Hill and Cornell
Heights neighborhoods are subject to serious parking congestion
caused by commuters who regularly use on- street parking spaces in
-hese neighborhoods; and
WHEREAS, congested parking conditions have contributed to safety
problems such as the blocking of fire hydrants, fire lanes and
driveways and have generally caused significant inconvenience to the
residents of these neighborhoods; and
WHEREAS, the Department of Planning and Development has documented
the extent and location of the parking problems in these neighbor-
hoods; and
WHEREAS, a Residential Parking Permit Program has been identified
as a method of restricting on- street commuter parking and preserving
more parking for neighborhood residents; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Department of
Planning and Development, with the assistance of the City Attorney,
to draft and submit a bill to be introduced to the New York State
legislature which, if adopted, will give the City of Ithaca the
authority to adopt and implement a Residential Parking Permit Pro-
gram.
A vote on the main motion, as amended, resulted as follows:
Carried Unanimously
Designation of Lead Agency: Spencer Road Subdivision Application
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, an application has been made to the Board of Planning and
Development for approval of a proposed residential subdivision on
Spencer Road, and
WHEREAS, such subdivision is a Type I action under City environmental
regulations, requiring initiation of environmental review procedures,
and
I,'HEREAS, the City's Environmental Quality Review Ordinance provides
that while Common Council shall have overall authority for admini-
stration of the regulations, it may designate a particular city
agency to act as Lead Agency where the matter under consideration
would normally be under that agency's jurisdiction; be it
RESOLVED, That the Board of Planning and Development be designated
Lead agency in the matter of the proposed 'Treetops' subdivision by
House Craft Builders, Inc., on Spencer Road, Assessment Parcels
124 -2 -6 and 124- 2 -7.2.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Ithaca Falls Environmental Impact Study: Notice of Completion and
Call for Pudic Hearing
By Alderperson Cummings: Seconded by Alderperson Dennis
V;IIEREAS, Common Council has commissioned the preparation of an en-
vironmental impact study of the proposed hydropower development
project at Ithaca Falls, and
WHEREAS, the Draft Environmental Impact Study report has been com-
pleted; now, therefore, be it
RESOLVED, That a "Notice of Completion" be filed pursuant to Environ-
mental Quality Review Ordinance requirements, and be it further
RESOLVED, That a public hearing on the findings of the DEIS be held
at 6:30 p.m. on April 2, 1986, prior to the meeting of Council, and
be it further
-7- March 5, 1986 337
RESOLVED, That the required legal notices be published at least
14 days prior to said public hearing.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Land Acquisition /Alienation Process.
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, authorization to alienate West End and Southwest parklands
I*vill not be effective until substitute lands have been acquired by
:he City, and
VIHEREAS, Common Council has authorized Planning and Development staff
to obtain appraisals and to negotiate acquisition of the identified
substitute lands, and
WHEREAS, staff has obtained said appraisals and begun purchase
negotiations; now, therefore, be it
RESOLVED, That Planning and Development staff and the City Attorney
(; are hereby authorized to prepare and issue formal purchase offers
for the identified "short list" substitution lands, and be it further
+� RESOLVED, That the amount to be offered for each parcel shall not
exceed the appraised value without prior approval by Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Cummings, Dennis, Haine, Killeen, Lytel, Romanowski,
Schlather
Nays (3) - Booth, Peterson, Hoffman
Carried
Acquisition of Bikeway Right -of -way
By Alderperson Cummings: Seconded by Schlather
WHEREAS, the City of Ithaca, Town of Ithaca, and Finger Lakes State
Parks Commission have formally agreed to develop a bikeway /pedestrian
connection along the Flood Channel between Cass Park and Buttermilk
Falls State Park, and
WHEREAS, the agreement provides that the City shall acquire the
necessary right -of -way over private properties in the city, and
WHEREAS, an appraisal of the fair market value of such r.o.w. has
been prepared, to serve as a reference during acquisition proceeding;
be it
RESOLVED, That the City Attorney and the Director of Planning and
Development are hereby authorized to acquire the rights -of -way under
terms favorable to the City, including gift, and be it further
RESOLVED, That any amount of payment offered for any portion of the
right -of -way shall not exceed the value established by the appraisal,
without prior approval by Common Council.
Recess
(400e, Council recessed at 9 :25 p.m. and reconvened in Regular session at
9:40 p.m.
Discussion followed on the floor
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the third WHEREAS shall read: "WHEREAS, an advisory
evaluation of such r.o.w. has been prepared" instead of "WHEREAS,
an appraisal of the fair market value of such r.o.w. has been pre-
pared"; the second line of the first RESOLVED shall read: "are here-
by authorized to negotiate purchase contracts for the rights -of -way
33S -8- March 5, 1986
ender terms favorable to the City, including gift, subject to
final approval of Common Council," and the final RESOLVED shall be
deleted.
Carried Unanimously
A vote on the main motion as amended resulted as follows:
Carried Unanimously
Recycling Task Force
Alderperson Cummings reported that the Recycling Task Force have
been reviewing the existing city ordinance relating to waste material
collection, and suggested some modifications to encourage recycling
to the Planning & Development Committee. The Planning & Development
Committee feel there is a need for improvement in the ordinance to
facilitate recycling and would like to refer the suggestions and
recommendations to the Charter � Ordinance Committee. However,
Alderperson Cummings didn't have anything prepared for referral so
it was decided that copies will be furnished to the Council at its
next meeting, after Planning & Development Committee have completed
their review and made recommendations, at which time the Council may
wish to refer it to Charter & Ordinance Committee for amendments to
the existing ordinance.
City Hall /Annex Disposition
Alderperson Cummings reported that the committee discussed whether
or not the city wish to still deal with the possibility of a City
Hall move separate from the DSS location issue. If DSS leaves the
city, we still have to face the question of use of the buildings.
They asked staff to investigate the various patterns for assigning
a value to the building, either separately or attached to this
building and to pull together additional information on a potential
move to the Post Office, combining city offices, police services in
the Post Office, etc. They asked for cost figures.
Available Space Study.
Alderperson Cummings reported that two years ago NYSCA funded this
study which is an inventory of all available non - residential space
in the city. It is plugged into a computer system so it can be up-
dated. There is a loose -leaf binder copy which has been placed in
the Planning Department, Chamber of Commerce, Board of Realtors,
and wherever there is likely to be people desperate to find com-
mercial space. The revealing thing about this study is how little
available existing space there is in the city, but it should be a
useful tool for those looking for some of that space.
Alderpersons Killeen and Dennis commented that they had heard
comments from interested persons who wondered why this hasn't been
done before. Copies are available in the Planning and Development
office.
Stewart Avenue Traffic Signal
Alderperson Cummings reported that the Planning & Development Board
sent a memo to Public Works asking that there be a button installed
for pedestrians and that there be a vehicle - actuated strip put in on
Stewart Avenue rather than having a light set on a regular switch.
There have been some concerns from the public for a regular system
of hours for the light to go to a blinker at night during the same
set of hours every night with some predictability.
CHARTER AND ORDINANCE COMMITTEE:
A Local Law Amending Article II of the City of Ithaca_ Charter,
Section 2.7 Entitled "City Officers Appointed by the Mayor; Pro -
ce ure for Appointment' and Removal"
,,y Alderperson Schlather: Seconded by Alderperson Dennis
A LOCAL LAW NO. OF THE YEAR 1986 AMENDING ARTICLE II OF THE CITY
OF ITHACA CHARTER, SECTION 2.27 ENTITLED "CITY OFFICERS APPOINTED
BY THE MAYOR; PROCEDURE: FOR APPOINTMENT AND REMOVAL."
BE IT ENACTED by the Common Council of the City of Ithaca, New York
as follows:
J
SECTION 1. Section 2.27 of the Ithaca City Charter is hereby amended
March 5, 1986 339
adding a new subdivision S 2.27(2)(f) to read as follows:
"S 2.27 CITY OFFICERS APPOINTED BY THE MAYOR: PROCEDURE FOR
APPOINTMENT AND REMOVAL
[subdivision 1 shall remain as is]
2. The procedure for such appointments shall be as follows:
[subdivisions (a) (b) (c) (d) and (e) shall remain as is]
�G iG 7t
f. Upon request of the Mayor, and with the unanimous
approval of the entire Common Council, steps 2(a) through
2(d) above, shall be waived; instead the Mayor shall make
the appointment directly, subject to the approval of Common
Council.
[subdivisions 3 and 4 shall remain as is]"
SECTION 2. EFFECTIVE DATE. This local law shall take effect
immediately after filing in the Office of the Secretary of State.
Amending Resolution
By Alderperson Killeen: Seconded by Alderperson Haine
RESOLVED, That the words "unanimous" and "entire" be deleted from
2(f) of the resolution; the resolution then to read: "Upon request
of the Mayor and with the approval of a majority vote of Common
Council, steps 2(a) through 2(d) above shall be waived. Instead the
Mayor shall make the appointment directly, subject to the approval
of a majority vote of Common Council."
Discussion followed on the floor.
Resolution Amending the Amendment
By Alderperson Cummings: Seconded by Alderperson Haine
RESOLVED, That the word "majority" be deleted and replaced by "three -
fourths."
A vote on the amendment to the amendment resulted as follows:
Ayes (6) - Lytel, Booth, Haine, Killeen, Hoffman, Cummings
Nays (4) - Peterson, Dennis, Schlather, Romanowski
Carried
A vote on the amendment as amended resulted as follows:
Ayes (3) - Killeen, Booth, Cummings
Nays (7) - Peterson, Dennis, Schlather, Romanowski, Lytel,
Haine, Hoffman
Amendment Defeated
A vote on the main motion as originally presented resulted as follows:
Ayes (9) - Killeen, Cummings, Peterson, Dennis, Schlather,
Romanowski, L.ytel, Haine, Koffman
Nay (1) - Booth
Carried
At the formal request of Mayor Gutenberger the following resolution
was passed:
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Steps 2(a) through 2(d) of the appointment process
be waived for the vacant position of City Clerk, effective on the
effective date of the Charter change which will not occur until the
Secretary of State has the Local Law on file.
Carried Unanimously
340 -10- March 5, 1986
.MAYOR'S APPOINTMENTS:
fil yor Guten erger asked for the approval of Council to appoint Callista
Paolangeli to the position of City Clerk at an annual salary of
$27,000, the appointment to become effective on the receipt and filing
of Local Law 1 -1986 in the Office of the Secretary of State.
Resolution
By Alderperson Schlather:
RESOLVED, That the Mayor's
the position of City Clerk
and that her appointment s
of Local Law 1 -1986 in the
Seconded by Alderperson Killeen
appointment of Callista F. Paolangeli to
be approved at an annual salary of $27,000,
hall become effective on. receipt and filing
Office of the Secretary of State.
Carried Unanimously
An Ordinance Amending Chapter 27 Entitled "Housing Code"
By Alderperson Sc lather: Seconded y Al erperson Hoffman
ORDINANCE NO. 86 -1
AN ORDINANCE AMENDING CHAPTER 27 ENTITLED "HOUSING CODE" OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Chapter 27 entitled "Housing Code" of the City
of Ithaca Municipal Code is amended as follows:
That a new section to be known and designated as Section 27.43 to
follow Section 27.42 is hereby added to said Chapter to read as
follows:
"S 27.43 Energy Efficiency
A. Purpose.
It is the purpose of this section to encourage energy efficiency
and conservation in the City of Ithaca. The City finds that this
ordinance: will encourage the conservation of a finite public
resource; will encourage the quality of life for all residents by
generating more affordable housing, more comfortable dwellings and
a cleaner environment; will encourage landlords to make energy im-
provements for utility - paying tenants and will reduce the flow of
energy dollars out of the local economy.
B. Compliance.
No certificate of occupancy or certificate of compliance shall be
issued for any dwelling unit after January 1, 1987, unless there is
full compliance with this section.
C. Requirements.
1. All dwelling units shall have one of the following:
a. attic or roof insulation with a minimum R -value of R -19; or
b. permanently or seasonally mounted storm windows, as a second
covering, on all exterior primary windows of habitable spaces
from November 1st to April 1st of each heating season.
Windows with two or more layers of glazing are acceptable.
Other acceptable alternatives are: interior treatments in-
cluding polyethylene or acrylic systems. The use of Lexantm
for storm windows is unacceptable; or
C. heating system(s) with a verified minimum annualized fuel use
efficiency (AFUE) of 650 or combustion efficiency of 75o as
verified within the preceding two years. This alternative does
not apply to any dwelling unit whose primary heating system is
electrical; such units shall meet either requirement #1 or
#2 above.
'x�
I rn
-11-
March 5, 1986 341
2. Actions to meet the foregoing requirements must be consistent
with the New York State Uniform Fire Prevention and Building Code.
D. Verification.
Evidence of storm windows can be verified by visible inspection
by a city building or housing inspector, or owner's Affadavit of
Compliance with this section; other items can be verified by:
1. New York State Electric $ Gas Corporation (NYSEG), or compar-
able, audit report on building or apartment, or
2. receipts for completed tests, work, or materials.
In the absence of the foregoing verifications provided to the
City Building Department, dwelling units will be assumed to be not
in compliance.
E. Penalties.
Notwithstanding any other law to the contrary, failure to comply
with this section shall be punishible only by the non - issuance of a
certificate of occupancy or certificate of compliance for the
dwelling unit. This provision shall not remove or diminish any
requirement for obtaining a certificate of occupancy or certificate
of compliance, or any penalty which can be imposed for failing to
obtain a certificate of occupancy or a certificate of compliance.
F. Appeals.
Appeals for exemptions from these requirements may be made in
writing to the Housing Board of Review. Exemptions may be granted
under the following demonstrated conditions:
1. Financial hardship; or
2. The measures are not cost effective; or
3. The measures create unsafe conditions."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
S 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
Amending Resolution
By Alderperson Killeen: Seconded by Alderperson Dennis
RESOLVED, That subdivision A. Compliance, shall read: "No certificate
of occupancy or Certificate of Compliance shall be issued for any
dwelling unit after January 1, 1988, unless there is full compliance
with this section."
A vote on the amendment resulted as follows:
Ayes (3) - Killeen, Romanowski, Dennis
Nays (7) - Booth, Cummings, Lytel, Peterson, Elaine, Schlather,
Hoffman
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (8) - Schlather, Lytel, Cummings, Hoffman, Killeen, Booth,
Peterson, Dennis
Nays (2) - Romanowski, Elaine
Carried
Expression of Appreciation
Alderperson Schlather expressed thanks to Lew Durland, Doug Dylla,
Tom hoard and Joe LaQuatra for their untiring efforts on the ordi-
nance. fie said they had attended no less than 6 meetings of the
Charter 6 Ordinance Committee beginning late last summer.
342 _12- March S, 1986
BUDGET AND ADMINISTRATION COMMITTEE:
Radio Equipment Stan ar ization
By Alderperson Dennis: Secon ed by Alderperson Schlather
WHEREAS, this Common Council has been requested by the City of
Ithaca Police Department to standardize on Motorola radio equipment
as the type of equipment to be used in the City of Ithaca, and to
authorize the City to purchase approved equipment from the manu-
facturer, or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatability and economics to approve such
standardization for the following reasons:
1. The City of Ithaca Police Department presently has all Motorola
radio equipment and radio console.
2. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said radio
equipment.
3. Labor cost for maintenance and service of a standard type of
equipment will be less than if required to service several
different types of equipment.
4. Present Motorola radio equipment has been satisfactory to the
uses of the City of Ithaca Police Department.
S. Standardization provides the need for only one service contract
for its entire radio system, whereas additional contractual
agreements would be required for other types of equipment;
now, therefore, be it
RESOLVED, That pursuant to Sectio
Municipal Law of the State of New
authorizes the standardization of
type of such equipment to be used
Police Department during the year
n 103, Subdivision 5 of the General
York, this Common Council hereby
Motorola Tadio equipment as the
and purchased by the City of Ithaca
1986.
Carried Unanimously
Voice Scrambler Equipment Standardization
Icy Alderperson Dennis: Seconded by Alderperson Schlather
11.HEREAS, This Common Council has been requested by the City of Ithaca
Police Department to standardize on Controlonics voice equipment as
the type of equipment to be used in the City of Ithaca, and to
authorize the City to purchase approved equipment from the manufac-
turer, or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City, for
reasons of efficiency, compatability and economics, to approve such
standardization for the following reasons:
1. The City of Ithaca Police Department presently has Controlonics
voice scrambler equipment installed in the mobile units and the
main communication desk.
2. Compatability is not possible with other brands of voice scrambling
equipment.
3. The cost of maintenance, parts and service will be less than if
different types of equipment were being used;
now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision S of the General
Municipal Law of the State of New York, this Common Council hereby
author=izes the standardization of Controlonics equipment as the type
of such equipment to be used and purchased by the City of Ithaca Police
Department during the year 1986.
Carried Unanimously
Water Plant Operator Trainee
By Alderperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That the 1986 Authorized Personnel Roster of the Water and
Sewer Department be increased by 1 Water Plant Operator Trainee
-13-
March 5, 1986 34:3
;position, as requested by the Board of Public Works.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Schlather: Seconded by Alderperson Haine
RESOLVED, That the item be tabled for one month until the department
and union study the scheduling problem to see if they can resolve the
problem without hiring another employee.
Carried Unanimously
Alderperson Killeen requested that Hazel Best -Shaw convey the informa-
�i.on to the department and union.
Funding for Renovation of Hall of Justice
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That $15,000 be transferred from the General Fund Contingency
Account A1990, to Hall of Justice Building Account A1622 -435, Contrac-
tual Services, for modifications requested by the Police Department
and concurred with by the Board of Public Works.
(.� Carried Unanimously
�)l Funding for NYSEG Property
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, the Common Council, at its November 6, 1985 meeting,
1.1.1 authorized the purchase of certain land owned by the New York State
<( Electric and Gas Corporation, and
WHEREAS, the City and New York State Electric and Gas Corporation
have executed a Purchase Agreement, and
WHEREAS, the Public Service Commission approved the sale on February
5) 1986, and
(4000� WHEREAS, the total purchase price is $186,000, plus prepaid taxes
of $3,861.69, and
WHEREAS, $151,000 of Community Development Funds are available to
defray the cost; now, therefore, be it
RESOLVED, That $38,861.69 be transferred from General Fund Contin-
gency Account A1990, to Common Council Account A1010 -435, Contrac-
tual Services, as the City share of purchasing this property.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Lytel, Romanowski, Schlather, Killeen, Haine, Booth,
Dennis
Nays (2) - Hoffman, Peterson
Alderperson Cummings was not present when vote was taken.
Carried
Extension of State and County Tax Warrant
By Alderperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its Warrant for collection of the 1986
State and County Taxes until June 1, 1986.
Carried Unanimously
Civil-service--Service Agreement
By Alderperso Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Mayor and City Clerk be authorized and directed
to execute an agreement between the City of Ithaca and the Ithaca
City School District for performance by the City of services in
connection with Civil Service matters, for the period July 1, 1986
to June 30, 1987, in an amount of $13,401.44, payable to the City
of Ithaca on or before November 1, 1986.
Carried Unanimously
3�4 -14- March 5, 1986
ikudit
By Alderperson Dennis: Seconded by Alderperson Killeen
::ESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $18,278.77, as
listed on Audit Abstract #4/1986, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
De ut City Clerk Search Committee
By Alderperson Dennis: Secon e y Alderperson Schlather
I';HEREAS, the City of Ithaca's Charter and Code, Section 2.27, para-
graph 2A, calls for the establishment of an ad hoc selection
committee prior to the appointment of individuals to fill specific
positions identified in this section of the Charter, and
WHEREAS, the position of Deputy City Clerk is one such position and
will become vacant on the effective date of the City Clerk's
appointment, and
WHEREAS, the Charter also calls for three members of the Common
Council to be selected by the Council, to sit as voting members of
the ad hoc selection committee; now, therefore, be it
RESOLVED, That the Common Council selects the following members of
Council to sit on the ad hoc selection committee for the position of
Deputy City Clerk:
Alderperson D. Lytel
Alderperson C. Peterson
Alderperson D. Hoffman
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Community Relations Training for Police Department
By Alderperson Peterson: Seconded by Alderperson Killeen
WHEREAS, the Human Services Committee believes that it is important
to have ongoing and consistent Community Relations training for the
Police Department, and
WHEREAS, it is important to resume training in as timely a manner as
possible, and
WHEREAS, there are options available to the City at no cost to assess
the training needs specific to the City of Ithaca and to create a
program, therefore, be it
RESOLVED, That the City of Ithaca move forward on Community Relations
training for the Police Department by directing the Mayor to invite a
representative of the U.S. Department of Justice to explore with the
Police Department, the Community Police Board, and the Human Services
Committee how the City can best continue that training.
Discussion followed on the floor.
A rote on the resolution resulted as follows:
Carried Unanimously
Revenue Sharing Criteria
Alderperson Peterson reported that the committee will be revising
some of the criteria which goes to the Human Services Coalition at
their next meeting. If anyone has any suggestions they should con-
tact the committee. At that meeting the Human Services Coalition
will present the first steps of the report on analysis of the loss
of revenue sharing money and how it will impact the city.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Joint Town /City Fire Services Master Planning Committee
Alderperson Killeen reported t at the Fire Services Master Planning
Committee will meet to consider the final draft on March 11, 1986
J
T)
<i
-is-
March 5, 1986 345
at 7:30 p.m. at the Town Ball. Everyone is welcome. He hopes to
get this report to the Council and committees in April.
UNFINISHED AND MISCELLANEOUS BUSINESS:
idderperson Hoffman commented that he believes, for historical
accuracy and completeness, the record should reflect the results of
the unofficial meeting of the Committee of the Whole of February 17,
1986. He asked for suggestions.
After discussion, it was decided that a record of the meeting should
be given to City Clerk Paolangeli to be placed on the agenda of
the April Council meeting for approval, and that the proposed report
of Alderperson Hoffman be attached to the Minutes of the March 5,
1986 meeting.
Executive Session
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Council adjourn into Executive Session for the
purpose of discussion of litigation concerning two city employees,
and to discuss the report of CSEA mediation.
Carried Unanimously
ADJOURNMENT:
The Regular session adjourned at 11:25 p.m. at which time the Council
adjourned into Executive session.
Callista F. Paolange i, City Clerk
UNFINISHED & MISCELLANEOUS BUSINESS - COMMON COUNCIL MEETING -
(moo", MARCH S, 1986
Record of Committee of the Whole iMeetin
An unofficial meeting of the Committee of the Whole,
called by Mayor Gutenberger occurred on February 17, 1986
and was attended by all members of Council. At that meeting,
the Playor outlined a proposal to which he and County Board
Chair Mary Call agreed, for the relocation of the County
Department of Social Services to City Hall.
Under the proposal, the City would agree to sell City
Hall and its Annex (and the land they occupy) to a third
party for at least $600,000 contingent upon the third party
guaranteeing a long -term lease to DSS. If the composite
federal and state reimbursement rate for functions of the
DSS should change from its present level of 710, the local
impact of such a change would be shared - 6So by the City
and 3So by the County.
The Mayor requested that the Committee of the Whole take
a vote on this proposal, so that the County Board could consider
(400" the concept at its February 18 meeting.
An amendment that would have changed the local coverage
of lost reimbursement to 3So City, 6So County was defeated,
S -6. The Committee of the Whole then voted 8 -2 in favor
of the Mayor's proposal.