HomeMy WebLinkAboutMN-CC-1987-12-07455
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
RECONVENED MEETING OF DECEMBER 2, 1987
7:30 P.M. December 7, 1987
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman,
Killeen, Lytel, Peterson, Romanowski,
Schlather
OTHERS PRESENT:
Coe, City Attorney - Nash
City Clerk - Paolangeli
Building Commissioner - Hoard
Fire Chief - Olmstead
Alderperson Elect - Nichols
Fire Commissioner - Cornelius
- Former Fire Commissionerland Captain of
Torrent Hose Co. #S - Neigh
Preservation Planner - Chatterton
ADDITIONS TO THE AGENDA:
Mayor Gutenberger requested the addition of an update on
= the ACC negotiations and a brief discussion on the status
m of the New Fire Stations construction.
Q REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Nichols stated that regarding item 16.6 under
Charter and Ordinance on tonight's agenda, the Board of Public
Works, 2 weeks ago, voted that the Meter Checkers start enforcing
the rule regarding re- ticketing persistent overtime meter
violators and this rule is now in effect.
CITY ATTORNEY'S REPORT:
(6000� ACC Negotiations
City Attorney Nash reported on the cable franchise agreement
that has been negotiated with ACC. He would like the Council,
if the questions are resolved and the Council is comfortable
with it, to approve at least that agreement in principle.
Discussion followed on the floor.
City Attorney Nash answered questions from Council members.
Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That this Common Council urges the City Attorney
and negotiating committee to continue negotiations to fruition
for a new franchise agreement with ACC along the lines set
forth in the agreement of principles.
Ayes (8) - Schlather, Dennis, Lytel, Killeen, Cummings,
Hoffman, Peterson, Booth
Nays (1) - Haine
Abstention (1) - Romanowski (conflict of interest)
Carried
PLANNING AND DEVELOPMENT COMMITTEE
N.Y.S. Certified Local Government Subgrant 188 - Historic
and Architectural Resources Survey of Lower South Hill
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has been designated a Certified
Local Government by the New York State Office of Parks,
Recreation and Historic Preservation, and
45()
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December 7, 1987
WHEREAS, ten percent (100) of funds allocated to the State
for preservation activities are made available exclusively
to Certified Local Governments on a competitive basis, and
WHEREAS, the Planning and Development Committee has endorsed
seeking Certified Local Government program funds to continue
the city -wide architectural, historical and cultural resources
survey of Ithaca; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Director
of Planning and Development to submit a Certified Local Govern-
ment Subgrant FY 188 preliminary application to the New York
State Office of Parks, Recreation and Historic Preservation
to continue the historic and architectural resources survey
of lower South Hill.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
N.Y.S. Certified Local'Government Subgrant 188 - National
Register Nomination Cascadilla Boathouse
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has been designated a Certified
Local Government by the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten percent (100) of funds allocated to the State
for preservation activities are made available exclusively
to Certified Local Governments on a competitive basis, and
WHEREAS, the Cascadilla Boathouse is recognized as an important
historic and architectural resource and has been determined
to be potentially eligible for listing on the National Register
and
WHEREAS, survival of the Cascadilla Boathouse is seriously
threatened by deterioration and National Register listing
can have a beneficial impact on present and future preservation
efforts, and
WHEREAS, the project is in keeping with the state's nomination
priorities, and
WHEREAS, the Planning and Development Committee has endorsed
seeking Certified Local Government program funds to prepare
a National Register nomination for the Cascadilla boathouse;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Director
of Planning and Development to submit a Certified Local Govern-
ment Subgrant FY 188 preliminary application to the New York
State Office of Parks, Recreation and Historic Preservation
to prepare a National Register Nomination for the Cascadilla
boathouse.
Carried Unanimously
Alienation - Notice of Determination
Alderperson Cummings reported on the Public Hearing on Southwest
Park /Inlet Island Alienation. The Public Hearing will be
continued at the Budget and Administration meeting on December
28, 1987. The Planning and Development Committee decided
to send the Environmental Review back to staff. Environmental
review has often caused more confusion than clarity. City
Planner Jones is going to consult with the Conservation Advisory
Council and others with expertise in the whole area of environ-
mental review.
J
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-3- December 7, 1987 457
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Section 60.59 of the Municipal Code
(Raising Parking Fines From $2.00 to 3.00)
By Alderperson Schlather: Seconded by Alderperson Dennis
ORDINANCE NO. 87
AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED
"TRAFFIC AND VEHICLES" OF THE ITHACA CITY MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
Section 1. That Section 60.59 of Chapter 60 entitled
"Traffic and Vehicles" of the Ithaca City Municipal Code
be and it is hereby amended to read as follows:
Notwithstanding the provisions of §60.100 and in full
acquittance of any violation for parking for a longer period
of time than is permitted, a civil penalty in the sum of
Three Dollars ($3.00) may be paid within twenty -four (24)
Iq hours of such violations."
LO Section 2. Effective Date.
This Ordinance shall take effect on February 1, 1988 upon
M publication of a notice as provided in §3.11(B) of the Ithaca
Q City Charter.
Alderperson Schlather explained the intent of the ordinance.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That an ordinance amending Section 60.59 of the
Municipal Code (Raising Parking Fines from'$2.00 to $3.00)
be tabled.
A vote on the tabling resolution resulted as follows:
Ayes (5) - Lytel, Cummings, Booth, Killeen, Peterson
Nays (5) - Romanowski, Schlather, Dennis, Hoffman, Haine
Mayor Gutenberger broke the tie by voting Aye.
Motion Carried
Re- Ticketing Policy for Persistent Overtime Meter Violators
By Alderperson Schlather: Seconded by Alderperson Lytel
WHEREAS, it appears that part of the parking problem in the
downtown area of the City of Ithaca is caused by a perceived
practice of persistent overtime violations of our meter
requirements, and
WHEREAS, it appears that one feasible way of coping with
this problem is implementation of a policy whereby such
persistent violators are reticketed for such continuing
overtime meter violations; now, therefore, be it
RESOLVED, That the Ithaca City Common Council does herewith
endorse the Boards of Public Works' establishment and imple-
mentation of a policy of reticketing persistent overtime
meter violators such that once a ticket is issued for an
overtime violation to a particular vehicle, further tickets
will be issued periodically thereafter to that same vehicle
if the overtime violation continues unabated.
Carried Unanimously
458 -4-
Local Law Amending Section 6.2 of Article
of the City of Ithaca (Fire Commissioners
By Alderperson Schlather: Seconded by Al
LOCAL LAW NO. OF 1987
December 7, 1987
6 of the Charter
erperson Romanowski
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Section 1. That Section 6.2 of Article 6 of the Ithaca
City Charter be and it is hereby amended to read as follows:
"There shall be a Board of Fire Commissioners, consisting
of five commissioners appointed by the Mayor and confirmed
by Common Council. At least three of these commissioners
shall be residents of the City of Ithaca. The remaining
Fire Commissioners may be residents of either the City of
Ithaca or the Town of Ithaca in Tompkins County, New York.
The term of office of a Fire Commissioner shall be three
years commencing on the first day of July, two commissioners
to be appointed in each of two successive years, and one
commissioner to be appointed in the third year. Such appoint-
ments shall be made at a meeting of the Common Council held
in June of each year. A commissioner shall hold office until
the commissioner's successor shall have been chosen and qualified.
A vacancy for an unexpired term may be filled in the manner
provided in this Chapter. Permanent removal from the munici-
pality of appointment, or other cause to be determined by
the Common Council, rendering impossible the proper discharge
of the commissioner's duties as a commissioner, shall create
a vacancy. The commissioners now in office shall continue
until the expiration of the term for which they were respectively
appointed. The two new commissioners shall be appointed
after January 1, 1988 to modified terms as follows: one
to a term to expire June 30, 1989; the other to a term to
expire June 30, 1990. The Fire Commissioners shall serve
without salary or compensation."
Section 2. That Section 6.3 of Article 6 of the Ithaca
City Charter be and it is hereby amended to read as follows:
"At their first meeting in July the Fire Commissioners
shall organize as a Board by electing one of their number
as Chairperson and another as Vice - Chairperson, and the
appointment of a clerk, and such other officers and employees
as authorized, for the ensuing year. The Board shall hold
such stated and special meetings at such time as the Board
may determine but at least once in each month. Three members
of the Board shall constitute a quorum."
Section 3. Effective Date
This Local Law shall take effect immediately upon filing
in the office of the Secretary of State.
Alderperson Schlather gave background information on the
Local Law.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Local Law Amending Section 2.1 of Article 2 of the Charter
of the City of Ithaca (Fire Commissioners)
By Alderperson Schlather: S,:�conded by Alderperson Hoffman
LOCAL LAW NO. OF 1987
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Section 1. Amending Section 2.1 of Article 2 of the
Charter of the City of Ithaca.
-5- December 7, 1.987
Section 2.1 entitled "Elective and Appointive Officers"
of Article 2 entitled "City Officers" of the Charter of the
City of Ithaca be and the same is amended to read as follows:
§ 2.1 ELECTIVE AND APPOINTIVE OFFICERS
"The officers of said City shall be as follows: ** *[same
as present] * ** five Fire Commissioners * ** [balance to remain
as is]."
By Alderperson Schlather: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF 1987
LO BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
m
Q Section 1. Amending §4.20 of the Charter of the City
of Ithaca.
Section 4.20 of the Charter of the City of Ithaca entitled
'Centennial Fund' is hereby amended to read as follows:
SECTION 4.20 CENTENNIAL FUND
There is hereby established a fund for the commemoration
of the Centennial Celebration of the City of Ithaca which
is authorized to raise by general taxation a sum not exceeding
ten thousand dollars for the year 1987 and fifteen thousand
dollars for the year 1988.
Section 2. Effective Date
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.
Carried Unanimously
Local Law Amending Section 2.23 of Article 2 entitled 'Assistants
and Deputies' of the Ithaca City Charter (Abolition of Assistant
City Controller Position)
By Alderperson Schlather: Seconded by Alderperson Killeen
LOCAL LAW NO. OF THE YEAR 1987
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Section 1. Amending Section 2.23 of the Ithaca City Charter.
Section 2.23 entitled 'Assistants and Deputies' of Article
me 2 entitled "City Officers" of the Ithaca City Charter is
hereby amended to read as follows:
§ 2. 23 ASS 1 STANTS AND DEPUT 1 E'S
1. "The Common Council may create, establish or abolish
the offices of Deputy City Controller, Deputy City Chamberlain,
459
Section 2. Effective Date.
cooi
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.
Carried Unanimously
Local Law Amendin& Section 4.20 of the
City
Charter, entitled
'Centennial Fun aising entennial Budget
From. 10,000 to
By Alderperson Schlather: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF 1987
LO BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
m
Q Section 1. Amending §4.20 of the Charter of the City
of Ithaca.
Section 4.20 of the Charter of the City of Ithaca entitled
'Centennial Fund' is hereby amended to read as follows:
SECTION 4.20 CENTENNIAL FUND
There is hereby established a fund for the commemoration
of the Centennial Celebration of the City of Ithaca which
is authorized to raise by general taxation a sum not exceeding
ten thousand dollars for the year 1987 and fifteen thousand
dollars for the year 1988.
Section 2. Effective Date
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.
Carried Unanimously
Local Law Amending Section 2.23 of Article 2 entitled 'Assistants
and Deputies' of the Ithaca City Charter (Abolition of Assistant
City Controller Position)
By Alderperson Schlather: Seconded by Alderperson Killeen
LOCAL LAW NO. OF THE YEAR 1987
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Section 1. Amending Section 2.23 of the Ithaca City Charter.
Section 2.23 entitled 'Assistants and Deputies' of Article
me 2 entitled "City Officers" of the Ithaca City Charter is
hereby amended to read as follows:
§ 2. 23 ASS 1 STANTS AND DEPUT 1 E'S
1. "The Common Council may create, establish or abolish
the offices of Deputy City Controller, Deputy City Chamberlain,
459
460 -6- December 7, 1987
Deputy City Clerk, Deputy Building Commissioner, Deputy Director
of Planning and Development, and Deputy Fire Chief and Assistant
Superintendent of Public Works. Such officers shall generally
assist their superiors in the execution of their powers and
duties and may perform such part or portion of such duties
as designated by such superiors; u,id in the absence, inability
or temporary vacancy of their respective superiors, to act
as such and when so acting, shall have all the powers of
such office.
2. The Deputy City Controller, the Deputy City Chamberlain
and the Deputy City Clerk shall be appointed and removed
in the same manner as their superiors, unless otherwise
controlled by contract or the New York State Civil Service
Law."
Section 2. Effective Date.
This Local Law shall take effect upon its being duly filed
in the office of the Secretary of State subject to the pro-
visions of section twenty -four of the Municipal Home Rule
Law.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Ithaca Youth Council Presentation on Racism
By Alderperson Peterson: Seconded by Alderperson Killeen
WHEREAS, the Ithaca Youth Council has done a commendable
job in creating a videotape on racism in the Ithaca area,
and
WHEREAS, this Common Council supports their efforts in widely
showing their program; now, therefore, be it
RESOLVED, That the Common Council direct the Mayor on behalf
of Common Council, to write a letter of support for this
project and city -wide viewing of its contents.
Carried Unanimously
Human Services Coalition Work Plan
By Alderperson Peterson: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca provides funding to the Human
Services Coalition, and
WHEREAS. funders may request certain tasks to be performed
by the Coalition; now, therefore, be it
RESOLVED, That the following items constitute the 1988 work
plan for the Coalition:
1. Review of funding requests from human services agencies
per City criteria;
2. Relationship among County, Towns, Villages, School
Boards, and City funding of programs - both human
service agencies and mutual governmental services;
3. Coordination and /or creation of needs assessment and
strategies for the homeless situation in Ithaca.
A vote on the resolution resulted as follows:
Ayes (9) - Schlather, Romanowski, Lytel, Killeen, Haine,
Booth, Hoffman, Peterson, Cummings
Nay (1) - Dennis
Carried
Homeless in Ithaca
Alderperson Peterson reported that she and Alderperson Killeen
have been attending meetings of the Task Force for the Homeless
in Ithaca. According to the latest survey there are 61 persons
I F_�
461
-7- December 7, 1987
in Ithaca that identify themselves as homeless. There are
strong efforts to reach out to organizations such as fraternities
and sororities for shelter. There is an emergency need for
shelter for this winter.
Alderperson Schlather asked that the c-ity's bunker spaces
at our fire stations be looked at for this problem. He would
like to have this matter persued. There are some 23 bunker
spaces available. He suggested that the Fire Commissioners
be asked to take this matter under consideration.
INTERGOVERNMENTAL RELATIONS COMITTEE
Youth Bureau Report
Mayor Gutenberger reported that the committee has met and
gone over the figures as developed by the Youth Bureau staff
and the Deputy Controller in regards to the actual costs
of providing youth services for the various programs. A
cover letter is being developed to send to the Town of Ithaca
with the information.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
New Fire Stations Committee
LO Alderperson Killeen stated that the committee is continuing
to meet weekly but it is beginning to get bogged down by
foot dragging by the Town. Chief Olmstead is here to speak
(� at more specific length to any questions the Council might
Q have. The lynch pin of our agreement with the town is to
boost ways to recruit, retain and utilize volunteers, regular
volunteers as well as student and bunker volunteers. The
attractiveness of bunkers is that they are certainly not
as costly as professional firefighters. One of the ways
that we figured out after a couple of years of talking about
it was that you have to find out what attracts volunteers
and what will sustain their interest and that is what we
are trying to build into,the new fire stations as well as
the remodeling of the three stations here in the city: Central,
Coll.egetown and Fall Creek. We saw some balking at supporting
the Assistant Chief for training by the Town. We thought
that that was an agreed upon thing. You need someone to
do the training otherwise how are the volunteers going to
be as effective as one wishc� them to be. The Town didn't
quite see it that way and the City was placed in an awkward
position at budget time. The negotiating committee for the
New Fire Stations is similarly placed in an awkward position
because the Town wants to start at a lower cost base per
station which cuts back on the amenities that could be offered
to volunteers; and to cut back on the number of volunteers
that these new buildings can house for the next twenty years.
We are also talking renovations on buildings that were built
twenty years ago, integrating old with new. So to spend
money on these things but not spend it on the key element
the volunteers, is a way of saying that the volunteer component
is not sufficiently important. If the volunteers aren't
in place, then we know that career firefighters will have
to be there.
Mayor Gutenberger stated that the ironic thing is that if
you look back to when the Town said it was going to go its
own way, they were going to rely 1000 on the volunteer system.
Their selling point was that the two universities and other
major employers had to do a lot better job in providing people
for the bunker program. Those areas which the Town seems
to want to cut the most are the areas which they said they
had the most need for. Mayor Gutenberger agreed with Alder -
person Killeen that if you take the additional costs to put
these things in to help insure the best program that we can
and spread those over twenty years, those additional costs
in 1988, 1989 are small compared to future costs. A good
example of this is our parking garages.
462
-8- December 7, 1987
Chief Olmstead passed out memoradums to the Mayor and Common
Council members regarding "New Fire Station Construction
Cost Issues" and commented on the discussions at the New
Fire Stations Committee meetings.
Further discussion followed on the floor.
Alderperson Schlather referred to paragraph 7 in the existing
agreement regarding the budget for the construction of these
stations. He suggested that the City take the position that
if we are going to meet the deadline we have got to have
a project that is approved by both municipalities. As a
practical matter we are looking to a timeline that is taking
us into January before either municipality would be able
to act on a proposal, so he asked that the committee continue
to try to come to terms with a proposed station. He suggested
that Council request the Mayor to notify the Town that we
are concerned that their tactics are going to delay the
approval process and we need to come to terms quickly so
that a proposal can be made to both of the governing bodies
after the first of the year. fie does not think the Council
can take any firm position tonight other than to go on record
as objecting to what appears to be a delaying tactic on the
part of the Town which could be construed as obstruction,
if we did not believe that they were acting in good faith.
We should perhaps remind them that our intent is to build
these stations by the end of the year.
Former Fire Commissoiner and Captain of Torrent Hose Co.
#S, Lyle Neigh, spoke to Council regarding the efforts being
made to recruit volunteers. He stated that if there is not
a functional facility that the volunteers can operate from
it will be very difficult to recruit volunteers.
Alderperson Lytel remarked that on this issue and the issue
of the Youth Services contract with the Town, we might do
well to institute another way of communicating with the Town.
He would like to see Council establish a joint caucus of
City and Town legislators to meet on such issues.
Further discussion followed on the floor.
ADJOURNMENT:
On a motion the meeting adjourned at 9:5S p.m.
7
LCallista ZF. Paolangel'
City Clerk
19
OFFICE OF
CITY ATTORNEY
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
MEMORANDUM
T0: Cooki ,Palprllingeli, City Clerk
Fri: ''Nash, City Attorney
DATE: Dluer 18, 1987
RE: Focal. Laws No. 7, 8 and 9 of the Year 1987
TELEPHONE: 272 -1713
CODE 607
As we discussed, the espies of these laws passed by Cott cil at the Decenber meeting
erroneously referred to Municipal I1ome Rule Law Section 24, thereby indicating they
were subject to permissive referenduaL I have reviewed Section 24 again against
these laws and do not believe they are subject to permissive referendum- I have
confirmed this understanding with Ray Schlather, Chairman of the Charter and Ordi-
nance Ccaudttee
In reality, the last paragraph of the laws should have indicated that they became
effective - unnediately upon filing with the Secretary of State, instead of referring
to the 45 -day permissive referendun period- I fear that the Secretary of State
might not accept the Local Laws in their current form as they incorrectly indicate
they are subject to permissive referendtin-
I would suggest that the text of the laws be changed to incorporate the proper
effective date language and that they be sent to the Secretary of State ui that
form- Since the change in text is purely procedural, and not substantive, and
corrects a clear legal error, I am hopeful that we can correct the matter in this
way. You should attach a copy of this letter to the filing with the Secretary of
State and append it to the minutes of the next Council meeting- If we are advised
that we cannot correct this matter in this way, we will re -pass the laws at another
meeting-
1&N:blh
An Equal Oppo,lu oily Employ,, —M m, All mlal— Adwn Pwg,mn