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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() -2- 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 lr� -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