HomeMy WebLinkAboutMN-CC-1986-09-03COMMON COUNCIL PROCEEDINGS Zl_
CITY OF ITHACA, NEW YORK
Regular Meeting 8 :00 P.M. Se;r;:mber 3, 1986
PRESENT:
Mayor - Gutenberger
A7derpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Lytel, Peterson, Schlather (arrived at 9:10 p.m.),
Romanowski
OTHERS PRESENT:
City
Attorney - Nash
City
Ir
Controller - Spano
Del).
Controller - Cafferillo
Ci-i -y
Clerk - Paolangeli
Stipt,
of Public Works - Dougherty
Building
Commissioner - Hoard
Dir.,
Planning & Development - Van Cort
Fire
Chief - Olmstead
Board
of Representatives - Stein
PLEDGE OF ALLEGIANCE:
d- ATiyor Gutenberger led all present in the Pledge of Allegiance to the
LO American flag.
%Li „(!Tfls:
A:Lierperson Peterson requested that a phrase be added to the last
< sentence of the report on Grievance Procedures re. Citizens and
Police, on page 19, so it reads as hollows: "The committee decided
to send on the procedures to the Charter & Ordinance Committee and
the two chairpersons (Peterson and Schlather) could decide whether a
h(--,,r-ring should be held.”
Resolution
By Alderperson Peterson: Seconded by Alderperson Haine
(W00,11 RESOLVED, That the minutes of the August 6, 1986 meeting be approved
as amended.
Carried Unanimously
SPIiC:IAL ORDER OF BUSINESS:
Piihlic Hearing -- Proposed Amendment to Zoning Ordinance Parking
Requirements
Rc'olution To Open Public Hearin
By l erperson Haine: Seconde y Alderperson Hoffman
RESOLVED, That the Public Hearing to consider a Proposed Amendment
to Zoning Ordinance Parking Requirements be opened.
Carried Unanimously
Bickley Townsend, 109 Oxford Place, and Susan. J. Brown, 227 Bryant
Avenue, addressed the council as representatives of Bryant Park Civic
Association, speaking in support of the proposed parking requirements.
Iesolution To Close Public Hearing
Ly Al erperson Haine: Seconded y Alderperson Hoffman
RESOLVED, That the Public Hearing to consider a Proposed Amendment to
Zoning Ordinance Parking Requirements be closed.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Alderperson Cummings requested an Executive Session be held following
recess, if any.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
t: ;argil.l Salt Contract --- - --
Leon Zaiaris, 1398 Mecklenburg Road, spoke to the council, asking what
the council plans to do with respect to bidding of the salt contract.
Mayor Gutenberger responded that there is a resolution on the Budget
and Administration agenda addressing the issue.
22 -2- September 3, 1986
REP01"i BOARD OF REPRESENTATIVES:
Ol Hospzca'_ -Site on West Hill
City Rep. Ste reported toiat there is a great demand for space in the
old hospital buii!i.ng on West Hill. The E.O.C. has requested, and it
appears will be granted, the opportunity to move to Biggs very soon.
The decision has not bee;,.. -de as yet but may be within a month. He
said the county, in fact, has become the developer of that building
which offers the opportunity to think about what the county does with
the increased value. The building is being filled up with both private,
non - profit and public users. What has happened is that it has resulte��
in a piece of property that is worth considerably more than when the
county was willing to sell it to a developer. It now appears the coin
has a very valuable piece of real estate.
Room Tax
Rep. Stein reported that the Room Tax had been passed the previous
night. The board thinks it may realize $120,000 to $140,000 per year.
The county board made a promise, by resolution, in November that all
of that money goes to the Tompkins County Chamber of Commerce for three
years, to a Convention and Tourist Bureau rune?. He said he voted
against it because lie felt it ill advised to levy a tax to give to a
private organization. The Chamber of Commerce will submit a budget to
the county for those three years. They have not signed an agreement
yet, but the tax will start on October 1, 1.986.
Cargill Salt situation
Alderperson Killeen asked Mr. Stein if there has been any discussion
by the Board of the Cargill Salt situation, including Sheriff Depart-
ment action costs. Mr. Stein responded that there have been no dis-
cussions; he thinks the county have signed contracts already; however,
he had heard that they would look into the costs of the Sheriff's
Department's action related to the strike.
MAYOR'S APPOINTMENTS: _
Conservation Advisory Council
Mayor Guten erger requested approval of the Council for appointment o
John McShane, 21S Giles Street, to the Conservation Advisory Council
for a two -year term to expire December 31, 1987.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of Jolxn McShane to
the conservation Advisory Council for a term to expire December 31, 1987.
Carried Unanimously
CITY ATTORNEY'S REPORT:
City Atty. Nas reported that on the previous Friday he had filed
papers with the Court of Appeals requesting leave to appeal in the
Stone Hall case. He said he hoped on the coming Friday to file the
brief to the Court of Appeals in the Cornell Heights zoning case.
HUMAN SERVICES COMMITTEE:
Fun ing Request for Human Services and other agencies
Alderperson Peterson passe out copies of the Human Services recom-
mendations regarding funding requests for Human Services and other
agencies. The report had been given to the Mayor.
PLANNING AND DEVELOPMENT C0MMITTEE:
Housing and Neighbor ioo Stu y
Alderperson Cummings reported that the second public hearing by the
Planning Board was held on August 19 where staff and C.U. students
working with staff presented a Housing Affordability and Availability
Study. The meeting was well attended by 60 -70 people. There was a
presentation on housing and population trends and activities.
Cornell housing Support
By Alderperson Cummings: Secondcd by Alderperson Maine
111HE'REAS, the City of Ithaca has for many years experienced a severe
shortage of affordable, good- quality housing for both students and
families, and
WHEREAS, a sigiiifi_cant proportion of Cornell University students lave
in off - campus housing throughout the City of Ithaca and compete with
-3' September 3, 1986 23
families and other households for the housing available in the City,
and
WHEREAS, both the number of students and the number of employees at
Cornell has grown steadily over the last several decades and is
expected to continue to grow, thus intensifying the City's housing
shortage, and
11i'HEREAS, the renovation of existing residential buildings on the
Cornell campus will result in the loss of a significant number of on-
campus housing units in the next several years; now, therefore, be
it
RESOLVED, That the Common Council of the City of Ithaca hereby endorses
the goal of Cornell University to increase the percentage of students
housed on campus and, more specifically, to provide within three years
a net gain of at least 900 additional on- campus beds for both under-
graduate and graduate students, and be it further
RESOLVED, That Common Council hereby urges the Cornell University Board
of Trustees to support fully and cause to be developed the on- campus
ri housing projects that are currently proposed.
Lo DiI;cussion followed on the floor.
M A rote on the resolution resulted as follows:
Q
Carried Unanimously
Amendment to Desi n Review Ordinance
Al�dorperson Cummings reporte that in June the Design Review Board had
ind:i.cated. to Charter & Ordinance Chairperson Schlather and herself by
means of a memo suggesting that design review begin in an earlier
phase of a project - when the drawings are in the schematic phase.
The Planning & Development Committee will continue to discuss the
matter next month and then refer their recommendations to the Charter
& Ordinance Committee. The suggestion was made that the Design Review
Board be involved in review of city projects also.
Shade Tree Commission
Alderperson Cummings reported that the Shade Tree Commission has had
three meetings so far. There is a crisis with the trees in the community
as well as with our ability to adequately prune and maintain city -owned
property. The Commission has budgetary concerns for 1987. The city has
no plan for overall tree planting. The Commission will be requesting
funds to do an inventory of the city's trees and problems. She urged
thi. council persons who have received comments or complaints from
constituents pass them on to Chairman Adleman or Frank Gardner.
East Hill Rezoning Package
Alderperson Cummings reported that at the last Planning & Development
Committee meeting the committee made an effort to pull together all of
the topics and actions that have been proposed in relation to the
East Hill area. Copies of the materials have been forwarded to the
Bryant Park, East Hill and Collegetown Neighborhood Associations. The
committee wants to move on a three -month schedule to get the package
together and completed.
City Hall /Annex Disposition
Alderperson Cummings reported that staff had been working on some
possible costs associated with the range of options for the Annex and
(4000"', fourth Moor of City Mall. Options considered include renting'or
leas =ing of the Annex, and moving City hall to the Post Office. She
asked that anyone who has ideas contact the Mayor or Planning staff.
Mayor Gitenberger commented that the matter will be considered at
budget time.
BUDGET AND ADMINISTRATION COMMITTEE:
Salt Contract
By Al erperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That specifications for purchasing of salt be
maximize the City's flexibility in the bidding process,
advertising for the next contract.
modified to
prior to
24
■
-4-
September 3, 1986
Discussion followed on the floor.
Alderman Schlather arrived at the meeting at 9:10 P.M.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Lytel, Peterson, Schlather
Nay (1) - Romanowski
Carried
Civil Service Executive Secretar
By Alderperson Dennis: Secon ed by Alderperson Killeen
RESOLVED, That this Common Council respectfully requests of the Civil
Service Commission that it defer amendment of its Rules, which amend-
ment redesignates the position of Executive Secretary to Civil Service
Administrator, as presently proposed, pending Common Council's review
of the Personnel Administrator's functions and responsibilities as
they pertain to Civil Service.
Discussion followed on the floor.
A vote ton the resolution resulted as fo—IlowS:
Carried Unanimously
1 "ouch Diversion Coordinator
By Al erperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That Robert Johnson be provisionally appointed to the position
of Youth Diversion Coordinator, at an annual salary of $12,068, that
being Step 1 on the 1986 C.S.E.A. - Administrative Unit Compensation
Plan, effective September 8, 1986, and be it further
RESOLVED, That the 1986 approved Personnel Roster of G.I.A.C. be
amended as follows:
Add - 1 Youth Diversion Coordinator Position
Delete - 1 Juvenile Justice Program Leader Position
Carried Unanimously
*See page 11, Transit 5upervisoi-.
Audit
By Alderperson Dennis: Seconded by Alderperson Romanowski
RESOLVED, That bills presented, as listed on Audit Abstract #16/1986,
in the total amount of $13,736.10, be approved for payment.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Zonin Or finance Par ing Requirements - Determination of Non - significance
By Al erperson Sc latter: Seconded y Alderperson Romanowski
WHEREAS, the matter of restoring a parking requirement for B -2b zones
within the City of Ithaca is currently under consideration by this
Common Council, and
WHEREAS, appropriate environmental review has been conducted, including
the preparation of the Short Environmental Assessment Form (SEAF) and
the Long Environmental Assessment Form (LEAF), filed in the Clerk's
Office, and
WHEREAS, it appears that the proposed action is an "unlisted" action
under the State Environmental Quality Review Act (SEQR), including tlic
Part 617 regulations thereunder, and may be a Type 1 action under the
City Environmental Quality Review Act (E.Q.R. 9 36.S(B)(S), and
WHEREAS, it appears that the proposed action will not have a significant
effect on the environment and will further the orderly, planned urbani-
zation of the areas affected, decrease traffic congestion and otherwise
promote public safety; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, be
and it hereby does adopt as its own the findings and conclusions more
fully set forth in the Short and Long Environmental Assessment Forms,
and makes further findings that this proposed action is beneficial to the
environment; and it is further
-5- I
September '3, 198625
RESOLVED, That this Common Council, as lead agency, be and it hereby
does determine that the proposed action at issue will not have a
significant effect on the environment and that further environmental
review is unnecessary under the circumstances; and further
RESOLVED, That this resolution shall const_c—' a notice of this negative
declaration and the City Clerk be and slhr is hereby directed to file
a copy of the same, together with the attachments, in the City Clerk's
Office, and forward the same tc� t;ie office of the City Planning Depart-
ment and any other parties as required by law.
Carried Unanimously
An Ordinance Amending Section 30.25 of the Zoning Ordinance by In-
c1_usion of Par-in Requirement in B- Zone
By Alderperson Schlat er: Secon e y Al erperson Dennis
ORDINANCE NO. 86-
AN ORDINANCE AMENDING SECTION 30.25 OF CHAPTER 30 OF THE CITY OF
ITHACA MUNICIPAL CODE.
13E IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
I
LD SECTION 1. AMENDING SECTION 30.25 ENTITLED, "DISTRICT R.F.GULATIONS
MA!:T . "
M Column 4, "Off- Street Parking Requirement," is hereby
Q amended as follows:.
Delete: "B -2b: NONE"
Add: "B -2b: 1. Residential uses: one space per
three persons housed in the building.
2. All other uses, see 9 30.37, except
in a mixed use building, the parking
(IM10e, requirement for any use on the ground
floor only except office or residential
shall be waived when at least an equal
amount of gross floor area at the
second story or higher is devoted to
residential use."
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as pro-
vided in S 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Lytel., Peterson
Nays (2) - Romanowski, Schl.ather
Carried
Iesolution Calling for a Public hearing in connection with Proposed
0-rdinance Amending the Zoning Ordinance
By Alcerperson Schlather: Seconde y Alderperson Romanowski
RESOLVED, That Ordinance No. 86- entitled "An Ordinance Amending
the Zoninf; Map and Sections 30.25 and 30.S9 of Chapter 30 of the
City of Tthaca Municipal Code" be and it hereby is introduced before
the Common Council of the City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall Bold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held at the
Common Council Chambers, City Hall, 108 E. Green Street, Ithaca, New
York on Wednesday, October 1, 1986 at 7 :30 p.m., and be it further
26 -6- September 3, 1986
RESOLVED, That
by publication
time '. X.
P111
lished once
be it further
the City Clerk shall give notice of such public hearing
of a notice in the official newspaper, specifying the
place where such public hearing will be held, and in
dezz,ci',ing the proposed ordinance. Such notice shall be
at leaz., fifteen clays prior to the public hearing, and
RESOLVED, That the City Clerk sha-L transmit forthwith to the Board
of Planning and Development of the City nf Ithaca and the Tompkins
County Planning Board a true and exact copy of the proposed zoning
ordinance for its report thereon.
ORDINANCE NO. 86-
AN ORDINANCE AMT�DICITYHOFZOITHACA�iMUNICDPALCCODES 30.25 AND 30.59
OF CHAPTER 30 OF
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING THE ZONING MAP
1. That the Official Zoning Map of the City of Ithaca, New York,
as last amended, is hereby amended and changed so that the
Eol_1owlntT (1- sc.r_il,ed area r;s, �ttly located in the L -'.t> - ..cnir.,
district
is reclassifi -d and changed to the B -2c zonin district:
ALL THAT TRACT OF LAND bounded on the north by the centerline
of East Buffalo Street, on the east by the centerline of Tioga
Street, on the south by the centerline of East Seneca Street
and on the west by the centerline of North Cayuga Street, and
ALL THAT TRACT OF LAND bounded on the north by the centerline
of East Buffalo Street, on the east by the centerline of North
Aurora Street, on the south by the= -south property line of tay
parcel number 61 -4 -1, and on the west by the centerline of
North Tioga Street, and
ALL THAT TRACT OF LAND bounded on the north by the centerline
of East Buffalo Street, on the east by a line that is approxi-
mately 153 feet east of the western boundary of the right -of-
way of North Aurora Street, on the south by the centerline of
East Seneca Street and on the west by the centerline of North
Aurora Street, and more specifically including all of the
following tax parcels: 62 -S -1 through 62 -S -3, inclusive and
62 -5 -12 through 62 -5 -18, inclusive.
SECTION 2. AMENDING SECTION 30.25 ENTITLED "DISTRICT REGULATIONS CHART"
1. Row B -2 of the District Regulations Chart is hereby amended by
adding a new General Business District entitled. "B -2c" with
the following regulations added:
Column
4
"None"
Column
6
111. Motel: 20,000
2. All others: 2 .1500"
Column
7
111. Motel: 1fl0
2. All others: 2S"
Column
8
"None"
Column
9
11751'
Column
10
11100% except as required
for rear yard"
Column
11
"None"
Column
12
"None"
Column
13
"None"
Column
14
"See Column 15"
Column
15
1110 minimum"
i
-7- September 3, 1986 27
SECTION 3. AMENDING S 30.59 ENTITLED "DESIGN REVIEIV BOARD"
1. S 30.59, Paragraph B. "Purpose ", is hereby amended by adding
"B -2c ", after B -2b on line 9.
2. S 30.59, Paragraph C, "Powers and Duties" is hereby amended
by adding "B -2c" after B -2b on lines 2 and 3.
3. S 30.59, Paragraph D, "Applicability ", is hereby amended by
adding "B -2c" after B -2b on line 2.
SECTION 4. EFFECTIVE DATE
1. This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in 9 3.11(B)
of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows;
Carried Unanimously
Citizen Complaint of Police Action Procedure
By Al erperson Sc lat er: Seconded by —A-IM rperson Hoffman
AS, by ;. eso 1 ution dated September 7, 1.911 tll:is Co;nmo:i Cutinc.i_1
m est-blislied. a "Citizen Complaint of Police Action Procedure" for the
Cit.;r of Ithaca; and
a
WHEI:EAS, the Community Police Board together with various agencies
and interested parties, including the Police Department itself, and
representative citizen groups, has recommended modifications of this
procedure; now, therefore, be it
RESOLVED, That the Citizen Complaint of Police Action Procedure, as
set. forth in the original resolution dated September 7, 1981, be and
the same is, hereby amended to read as follows:
Citizen Complaint of Police Action Procedure
S 1. Title
This procedure shall be known as the "City of Ithaca Citizen Complaint
of Police Action Procedure."
9 2. Purpose
The purpose of this procedure is to provide every
opportunity to present a complaint regarding police
with the procedures herein, free from interference,
discrimination or reprisal, together with the right
by a person of his or her own choosing at all stage
procedure.
9 3. Definition of Complaint
citizen with the
action in accordance
coercion, restraint,
to be represented
s of the complaint
Complaint shall mean any claimed violation, misinterpretation, or
inequitable application of the existing laws, rules, procedures, regu-
lations, administrative orders, or work rules of the Department of
Police, City of Ithaca, New York.
S 4. Presentation of Complaint
a. A citizen who wishes to make a complaint as defined -in Section 3
may do so either directly with the Police Department or by filing a
Written complaint with the Community Police Board on a_form approved
by the Board.
b. Complaint forms shall be available to the public at the Hall. of
Justice, the office of the City Clerk, the office of the Mayor or at any
other location designated by the Board.
28 _g_ September 3, 1986
c. Whenever the Ithaca Police Department receives a complaint
directly from a citizen, the officer receiving the complaint shall
inform the citizen of his or her right to file an independent complaint
with the Board at any time. A "Statement of Citizen Rights" approved
by the Board shall be available to and shall be given to any citizen
making a complaint directly to the Ithaca Police Department.
S S. Procedure upon complaint to the Board_
a. Whenever a complaint is filed with the Board, it shall immediatel.��
be assigned to an individual commissioner for a preliminary review as
set forth in Section 6 below.
b. The commissioner assigned shall immediately send notice in writL -r,
to any officers identified in the complaint containing the following
information:
1. a statement that the officer is the subject of a citizen complaint.
2. a copy of the complaint.
3. a statement that the commissioner will set up a meeting with the
citizen to discuss the complaint and that the officer will be notified
of the date of that meeting and of the outcome of that meeting.
C. fhe commissioner shall rev_ie�i the compl<<.int (and police report,
if any) and shall meet with the complainant for a preliminary review
within 7 working days of the filing of the complaint. That time period
may be extended for good cause shown.
g 6. Preliminary Review
a. At or after the initial meeting, the commissioner may:
1. further clarify the nature of the complaint and assist the citiz
to reword the complaint if necessary;
2. contact the chief or deputy chief for clarification of depart-
mental policy or procedure; or
3. request assistance from the Board to further investigate the
complaint. If further investigation is requested, the officer will be
promptly notified in writing.
b. After meeting with the complainant, the commissioner assigned to
the complaint shall make an initial determination as to whether or not
a formal hearing is recommended. Before making that determination the
commissioner shall investigate whether or not the matter has been or can
be resolved to the satisfaction of the citizen without a formal hearing.
The commissioner may attempt to conciliate the complaint by providing
information or explanation to the citizen, by effecting a conciliation
agreement or by any other method which does not infringe upon the rights
of the citizen.
C. The commissioner's recommendation to the Board shall be in writing
and shall state at least one of the following recommendations:
1. No hearing should be held because the matter has -been resolved to
the satisfaction of the citizen.
2. No hearing should be held because the complaint is frivolous or
otherwise lacks merit.
3. A hearing should be held directed at departmental policy or
procedure only. However, the officer should be exonerated.
4. A hearing should be held to investigate whether or not disciplinary
action should be recommended against the officer.
S. A hearing should be held directed at both departmental policy
or procedure and to investigate whether or not disciplinary action
should be recommended against the officer.
September 3, 1986 2-)
d. Both the officer(s) involved and the complainant shall be
notified in writing of the recommendation on preliminary review. If
a hearing is recommended, it shall be held within seven (7) working
days. This period may be extended for good cause shown.
C. If the commissioner does not recommend that a formal heari_n?
be held, the citizen may petition the full Board for a
any two commissioners vote that a hearing should be lic, d, a hearing
will be scheduled as set forth in paragraph 6(d) above.
g 7. Hearing Procedure
a. If the recommendation is for a hearing on a policy or procedure
question only, the Board will notify both the officer and the citizen
in writing that the officer's behavior has been exonerated but that
the Commissioners will hold a hearing to discuss the policy questions
raised by the incident.
Both the officer(s) and the citizen shall be invited to the hearing
to give a statement or answer questions. If either does not wish to
appear in person, he or she shall be allowed to submit a written
statement if he or she wishes.
b. If the recommendation is for a hearing which could result in a
:. ..:'.L:? L[lil'.'v I'0C,)1!P;1--1`tdcLtioIla both h the GLilC T' �tIla the C1t1Z %il 5.1 ;111
M rlo-Li ied 1.11 Vcriting.
Q The respective notices shall contain a statement of rights and
procedures as approved by the Board. Such statement shall contain
information which fairly reflects the procedures set forth in para-
graph c below.
C. The hearing shall be conducted as follows:
l., both the citizen and the officer may b`e represented by an attorney
or ether representative. In addition, the citizen or officer may have
(600, such other advisors, including PBA representatives, as may be reasonably necessary for adequate advice and counsel. However, in the discretion
Of l.1le Commissioners, questioning of witnesses and presentation of
argument to the Board may be limited to a single representative for
each party.
2. both the citizen and the officer may testify before the commis -
sioners if they so choose. Testimony will be under oath and subject
to cross examination by the parties involved and by the Board.
3. both the citizen and the officer may call witnesses to testify
before the Board or may present other forms of evidence such as docu-
ments, records or photographs,
4. The commissioner may subpoena witnesses for any party through
the City Attorney if requested.
S. the hearing will be held in an omen or closed session, at the
discretion of the Community Police Board The press an t e public
will riot be present when testimony is taken in a closed session.
6. The hearing vill be conducted informally. The rules of evidence
will not be strictly followed. However, the Board may make rulings
from time to time restricting questioning to insure fairness and order.
S 8. Quorum
A hearing must be conducted by at least three Community Police Board
Commissioners. If less than the full Community Police Board is present
at such hearing, the members conducting the hearing shall render a
report to the full board. In any case, where less than the full board
has conducted a hearing and at least three members do not agree in
their finding, a further hearing shall be held with the participation
of all members of the board.
30 -10- September 3, 1986
S 9. Summary of Hearin
A written or tape- recorded summary of all hearings held by the
Community Police Board shall be kept at the Hall of Justice.
,n. Vote Necessary
Three concui_'ing votes shall be necessary to determine any official
report or action 01 1 Community Police Board.
S 11. Report of Hearing
The Community Police Board shall make its report in writing within
five (5) days after the close of the hearing to the Mayor. After
the Mayor has acted upon the recommendations contained in said report,
the Mayor shall provide official copies of the report to the complainant,
any persons named in the complaint, Chief_ of Police, City Clerk, City
Attorney, Civil Service Commission, and the Personnel Administrator.
The report shall include a statement of the Community Police Board's
findings of fact, conclusions, and advisory recommendations. Upon
request of any citizen, a copy of the transcript of any such report
may be obtained by payment of a reasonable fee.
and be it further
I:ESOL�`�D, That this resolution be substituted for the Septemb r 7,
1981 resolution now set forth in the "Resolutions" section of the
Ithaca City Code Book, effective immediately.
Discussion followed on the floor.
Amending Resolution
By Al rperson Romanowski.: Seconded by Alderperson Dennis
RESOLVED, That Item 5 of Hearing Procedure, on page 4, read as
follows: "the hearing will be held in a clo "sod session unless an
open session, by mutual consent of the parties involved (police
officer and complainant), is agreed upon.
A vote on the amendment resulted as follows:
Ayes (2) - Haine, Romanowski
Nays (8) - Schlather, Lytel, Cummings, Dennis, Booth, Killeen,
Hoffman, Peterson
Motion Defeated
After further discussion, a vote on the main motion resulted as
follows:
Carried Unanimously
Local Law Amending Charter (Sale of City Property)
A local law amending the Clarter,with respect to sale of city property,
was placed on the desks of the Council for action at the October
meeting of the Council.
LOCAL LAW NO. OF THE YEAR 1986
City of Ithaca
A LOCAL LAW AMENDING AR'T'ICLE III OI: THE CHARTER OF TIIE CITY OF
ITHACA BY ADDING A NEW SUBDIVISION "40" TO SECTION 3.9 THEREOF
ENTITLED "SPECIFIC POWERS OF COMMON COUNCIL."
BE IT ENACTED by the Common Council. of the City of Ithaca, New
York as follows:
SECTION 1. AMENDING ARTICLE III OF THE CHARTER OF TIIE CITY OF
ITHACA BY ADDING A NEW SUBDIVISION "40" TO SECTION 3.9 THEREOF
EN'T'ITLED "SPECIFIC POWERS OF COMMON COUNCIL."
A new subdivision to be known and designated as subdivision 40
is hereby added to Section 3.9 of Article III of the Charter of the
City of Ithaca to read as follows:
T_�
Iq
LO
T
m
Q
-11-
"1I0. To .lease or sell City -owned property on
tions as it deems advisable, with the approval
of the full Common Council, and subject to the
that any sale or lease be for full value; and
subject to permissive referendum as authorized
General City Law, Section 23(2)(b)."
SECTION 2. EFFECTIVE DATE
September 3, 198631
such terms and condi-
of at least three - fourths
following limitations:
that any sale or lease be
by the New York State
This local law shall take effect upon its being duly filed in the
office of the Secretary of State subject to the provisions of section
twenty -four of the Municipal Home Rule Law.
Discussion followed on the floor.
Mayor Gutenberger urged Alderpersons to have their discussions during
September so a decision can be made at the October meeting. He would
like to have some direction to go in when he talks with people.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Alderperson Hoffman as ed Mayor Gutenberger to give the highlights of
his and Alderperson Schlather's trip to Syracuse to meet with the NYSDoT
to discuss proposed plans to put an emergency access route by Brindley
Street.
Mayor Gutenberger responded that the representative of the NYSDoT had
•,
a number of questions, had concerns whether it would work,
1:, 1 Oil d f) lncorf) orated int(_� their criteria, said it was out-
side their design corridor; in fact, he was not too interested in
looking at any new plans. He said if we want to do it, it would have
to be special money and lobbying in Albany.
Alderperson Schlather outlined the time frame for the state's project,
which he pl.a s to put into a memo for the,, council
-, �.. 7•, c% h +� hS'i� !° =j,i, �. �_•� �;-
Recess
Council recessed at 10:20 p.m. and reconvened in regular session at
10::)0 P.M.
Resolution
By Pxlderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That the Council adjourn into Executive session to discuss
a personnel matter.
Carried Unanimously
ADJOURNMENT:
Coi.incil adjourned into Executive Session at 10:35 p.m.
Chlsta F. Paolangel', City Cler�
'Transit Supervisor
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the position of Transit Supervisor be upgraded to
2 of the 1986 Executive Union Compensation Plan, with the salary
of $26,028 - $32,856 because of the recent re- evaluation of the
and responsibilities of this position, and be it further
Grade
range
duties
RESOLVED, That the salary of the Transit Supervisor be, and the same is,
fixed at $30,S3S, effective September 1, 1986, . and be it further
RESOLVED, That in the event there is a subsequent title change as a
result of a review now underway by Civil Service for this position,
such change shall not be the basis for any further salary adjustments.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously