HomeMy WebLinkAboutMN-CC-1988-11-02273
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. November 2, 1988
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Nichols, Johnson, Hoffman,
Killeen, Lytel, Peterson, Romanowski,
(4000" Schlather (1st Alderperson to arrive at
meeting)
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Spano
Deputy City Controller - Cafferillo
Director, Planning & Development - Van Cort
Director, Youth Bureau - Cohen
�. Fire Chief - Olmstead
Police Chief - Mc Ewen
Deputy Director, Planning & Development - Mazzarella
Superintendent of Public Works - Dougherty
m Commons Coordinator - Deming
Q Personnel Administrator - Baker
Community Development Administrator - Goldwyn
Board of Public Works Commissioner - Reeves
Building Systems Supervisor - Datz
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
(600,1 MINUTES•
Approval of Minutes of August 3, 1988 Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the August 3, 1988 Common Council
meeting be approved as published.
Carried Unanimously
Approval of Minutes of September 7, 1988 Common Council Meeting
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the September 7, 1988 Common
Council meeting be approved as published.
Carried Unanimously
Approval of Minutes of October 5, 1988 Common Council Meeting
Alderperson Nichols requested that the following be added to the
Minutes under the resolution on Hydropower- Request to Cornell for
lease of land and water rights (page 4):
"Alderperson Nichols stated that he had been informed by the
Mayor that discussions were already taking place with Cornell
relevant to the proposed request.
resolution be referred to the Planning
and the Hydropower Commission with tr
Mayor will keep those committees
(400" discussions." The words "discussion
should be deleted.
No Council member objected.
He would move that the
and Development Committee
ie understanding that the
informed about those
followed on the floor"
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the October 5, 1988 Common Council
meeting be approved with the addition by Alderperson Nichols.
Carried Unanimously
274
November 2, 1988
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Approval of Minutes of the Special Common Council Meeting of
October 19, 1988
By Alderperson Hoffman: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the Special Common Council meeting
of October 19, 1988 be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Booth noted a correction of Item 15.2, Cluster Zoning
Amendment, prepared by the Planning Department.
No Council member objected.
S AND
PTA
Fib
Smoking Ordinance
Crystal Hyer, RD #1 57 Spencer, New York, spoke to Council in
regard to the City of Ithaca Smoking Ordinance. She referred to
a petition that was circulated with 1,328 signatures against the
ordinance.
The following persons also spoke to Council against the smoking
ordinance:
Mary Swansborough - 605 Elmira Road
Sally Grimes - 605 Elmira Road
David Guyett - 17 Wood Road, Etna, New York
Richard Leonardo, President United Restaurant, Tavern & Hotel
Owners Association, 1636 East Shore Drive, spoke to Council
regarding the smoking ordinance. He read the following statement
to Council:
"The Tompkins County Restuarant, Tavern and Hotel Owners
Association is opposed to the City of Ithaca's smoking ordinance
as it is currently written. We are not opposed to No Smoking
sections in our establishments and we do recognize the rights of
non - smokers and the need for smoking policies in public places.
However, we are opposed to governmental intrusion, especially
when it incurs tremendous expense to owners of establishments and
causes undue hardship. We believe that the Common Council must
revise and amend the city's smoking ordinance. We feel that it
is too strict and too costly to comply with. We do not seek to
have the ordinance repealed but we would like to see a law that
respects the individuality of establishments while honoring the
rights of both smokers and non - smokers.
Because a firm date for a public hearing on the smoking ordinance
was not set at last month's council meeting, our association has
scheduled a meeting of owners and representatives of restaurants,
bars and hotels located within the city's five wards to discuss
the ordinance. Tonight we are requesting your presence at this
meeting; a meeting of all ten council members and affected
constituents seems to be the logical first step in keeping lines
of communication open in discussing possible amendments to this
ordinance. The meeting has been scheduled for Monday, December
5th at 7:00 p.m. at the Women's Community Building in Rooms 2 and
3. The capacity is limited to 50 people, therefore, 10 seats are
reserved for council members, 5 seats are reserved for the press,
and the remaining seats will be reserved for representatives of
the city's restaurants, bars and hotels. We strongly urge that
all members of council join with us to discuss the smoking
ordinance on December 5th and we ask you to please respond to
this invitation tonight. Thank you."
Tompkins County Focus Study
Clarence Reed, 104 Campbell Avenue, spoke to council on behalf of
the Tompkins County Focus Study. He asked the council to support
the request for funds for the Focus Study.
J
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November 2, 1988
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Smoking Ordinance
Betsy Darlington, Chair of the Conservation Advisory Council,
read the following statement to Council in regard to the smoking
ordinance:
"Hazards of second -hand smoke
1. At least 20 of the many different chemicals in environmental
tobacco smoke (so- called "second hand smoke ") are known
carcinogens. Of these, ten are supposed to be regulated by the
Environmental Protection Agency (EPA). (1)
2. The EPA estimates that 1/3 of all cancer in non - smokers is
caused by second -hand smoke.(2)
3. Adverse effects are most serious for children, fetuses, the
elderly, and people with cardiovascular or respiratory ailments,
but even in healthy adults, there are serious effects.
Ln
,;A- 4 Estimates are that 5000 to 7000 lung cancer deaths in the
LO U.S. each year result from exposure to second -hand smoke.(3)
5. In addition to lung cancer, breathing second -hand smoke
M increases the risk of respiratory infection, decreased exercise
Q tolerance, and decreased respiratory function.
6. There may also be increased risk for cancers of the brain,
nasal sinus, breast, and cervix.
7. If both parents smoke, their child is 4.7 times as likely to
get leukemia or lymphoma as are children of nonsmokers.(4)
8. Nonsmokers in smoky rooms quickly develop elevated levels of
carbon monoxide and cotinine.(5)
9. According to De. Joel L. Nitzkin, Director of Public Health
for Monroe County, "A nonsmoker in a poorly ventilated room could
experience a toxic exposure equal to a half pack of cigarettes a
day. "(6)
10. The tar in second -hand smoke contains many known
carcinogens, including two (2- naphthylamine and 4- aminobiphenyl)
that are prohibited from the workplace by occupational health
standards in force all across North America.(7)
11. In a 1986 report, the National Research Council stated that,
using standard federal guidelines for carcinogens in air, water,
or food, the typical U.S. workplace exposes workers to 250 to
1000 times the acceptable risk for tobacco - smoke - caused lung
cancer.(3)
12. In a room with people smoking, carbon monoxide can be well
above the Ambient Air Quality Standards, even with good
ventilation.(6)
In other words, by not regulating second -hand smoke,
governments are violating important safety standards.
1. 1986 Special Report from the Bureau of National Affairs
2. Forum of the Smoking Policy Institute, Albers School of
Business, Seattle, WA
3. 1986 report of the National Research Council: "Environmental
Tobacco Smoke: Measuring Exposures and Assessing Health
Effects ", p.305; and Dr. Joel L. Nitzkin, Dir. of Health for
Monroe County - -Jan. 187 statement at public hearing on the
NYS Health Council's proposed regs.
4. Surgeon General's 1986 report, p. 102
5. Same as (1)
2'71;
November 2, 1988
n
6. Dr. Joel L. Nitzkin, M.D., Dir. of Health for Monroe County,
Jan. 1987 statement at Public Hearing on proposed Health
Council regs.
7. Same as (2)"
RESPONSE TO PUBLIC:
Smoking Ordinance
Alderperson Cummings remarked that she has received a number of
phone calls regarding the smoking ordinance. She stated that
when the ordinance passed, the council said they believed that
the ordinance would be something that would be in the process of
revision, that it would be subject to changes. She stated that
she will be happy to attend the meeting on December 5th.
Alderperson Romanowski commented that in all the highly
publicized meetings that were held before this ordinance was
passed, there was only one gentleman who spoke out against it.
He stated that this is a particularly difficult piece of
legislation; there are rights on both sides and he thinks that we
can come to a compromise, but that it will take effort on both
sides.
Alderperson Lytel stated that he thinks that the issue should be
put on the agenda for the Charter and Ordinance Committee meeting
to consider the changes that are necessary to make the ordinance
more workable and respectful of the rights of people on both
sides of the issue. He felt this would be more helpful than the
December 5th meeting.
Alderperson Nichols said that he will be happy to accept the
invitation to the meeting at the Women's Community Center on
December 5th. He also commented on the Tompkins County Focus
Study request for funds. He will move to amend the resolution
for reasons having to do with the ratio of how much the city
should be providing in relation to what the county is providing.
It has nothing to do with the merits of the program.
Alderperson Booth commented that approximately 70% of the
citizens of the State of New York are now living in jurisdictions
that have local smoking ordinances; Ithaca is not alone in this.
He reiterated that the Charter and Ordinance Committee will
discuss proposals that have been made for changing the ordinance.
He stated that it will be back on the agenda for C &O in time for
council to consider it before it is enforceable in April 1989.
He stated that he will resist strongly the notion that the City
of Ithaca should back away from this ordinance on the grounds
that it is interfering with people's rights. In his opinion,
that is not an issue that is at stake here. He said that he will
attend the meeting on December 5th. He pointed out that the
ordinance does not require any money in terms of compliance other
than to put up No Smoking signs. It poses no obligation on any
restaurant owner or any other facility manager to do anything
unless the facility decides to allow smoking and then they will
have to take some steps in order to allow that. The ordinance
does not impose that requirement on them.
Alderperson Killeen stated that it is incumbent upon the Council,
if it is their intention to direct behavior of the community, to
change the community to an effectively no smoking zone, to do
more to clarify this ordinance. He thinks there are some people
who are genuinely confused on how it is going to be implemented,
what the effect is, what the cost is to them, etc. If the city
doesn't do this we really don't generate sufficient respect for a
law so we undermine anything we subsequently do or have done
before. The Council needs to take the time to make sure the
people are persuaded.
D
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November 2, 1988
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REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES•
Board of Public Works
Commissioner Reeves reported on the following for the Board of
Public Works:
1989 Department of Public Works Budget
The Department of Public Works budget process has one more step
to go. The budget hearing of the DPW is scheduled for November
14, 1988 at 7:30 p.m. in Council Chambers. Staff and supervisors
(000", spent countless hours reviewing items necessary to continue to
provide quality maintenance to city properties and facilities as
well as continuing the program of catching up areas of deferred
maintenance throughout the city. The Board of Public Works met
six long evenings in August reviewing with staff, staff's pared
down version of the budget. The BPW strongly feels that there
should be more interaction with Mayor and Council earlier in the
budget process in order to facilitate ease by which final figures
Ln are reached. The Board of Public Works and staff are interested
in perhaps being given a percentage of increase or a dollar
d' amount over previous years figures, then let staff and Board
LO decide where cuts are to be made and what items are to be cut.
The department has a list of necessities for 1989 and they are
distressed at the severe cuts on budget where necessities are
concerned. It is disconcerting to all concerned and has a
Q tremendous effect on morale all through the department when
random cuts are made with no concern for what is really needed
and what might be considered cosmetic. The Board urges careful
consideration of future budget process.
Commissioner Reeves commented that there will be a meeting on
Tuesday, November 16th for staff to meet with business people in
Collegetown to discuss their needs and wants in regards to
Collegetown street improvements.
COMMUNICATIONS FROM THE MAYOR:
Route 96
Mayor Gutenberger reported that the information is out now in the
form of a press release from NYSDoT. There are three dates for
all of the plans and information that DoT has on the Route 96 and
the Octopus question to be available for perusal by the public.
The store front that DoT had hoped to set up in the city is not
going to be possible for a number of reasons. DoT has requested
and the Mayor has agreed that the Common Council Chambers will be
used for the public to come in and ask questions at any time
while the DoT is here on an informal basis to look at the plans,
ask questions, make comments or suggestions. Those dates are
Tuesday, November 15, from 1:OOp.m. to 9:OOp.m.; Wednesday,
November 16th, from 10:00 a.m. to 9:00 p.m.; and Thursday,
November 17th, from 10:00 a.m. to 12 noon. He stated that the
State has also informed him that they anticipate, with no exact
date yet, a public hearing in mid - December. It looks like it
will be set up for two nights. The first evening will have an
hour to an hour and a half presentation of all the plans and
alternatives and what is in the Draft Environmental Impact
Statement, with public comment. The second evening would be
entirely for public comment.
New Police Chief
Mayor Gutenberger reported that the new Police Chief has started
working. He is working with the Mayor on a comprehensive
community -wide drug program. Mayor Gutenberger stated that he
hopes that within the next six weeks they will have a proposal to
bring to the community for community reaction. It will involve
the entire community getting involved in the whole situation,
discussion of the problem and most importantly in the solution
of the drug problem in our community. The Mayor has asked the
media to become involved early on and routinely to publicize the
number that has been set up for persons to call with information.
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November 2, 1988
C
Police Officer of the Year - Kiwanis Club
Mayor Gutenberger reported that the Kiwanis Club has named
Officer Royale Lipscomb as Officer of the Year at their annual
meeting. Mayor Gutenberger, on behalf of the Common Council and
the City of Ithaca, congratulated Officer Lipscomb on a job well
done.
Police Officer of the Month - Kiwanis Club
Mayor Gutenberger stated that the Kiwanis Club has named Curtis
Ostrander as the Officer of the Month. He congratulated Officer
Ostrander on the award and a job well done.
Alderperson Killeen asked that Mayor Gutenberger routinely report
to Common Council the name of the Officer of the Month.
Common Council Portrait
Mayor Gutenberger reported that a picture was taken in 1988 to
commemorate the Centennial year and to coincide with the portrait
of Common Council that was taken in 1888. He passed around 2
proofs of the pictures and asked Council members to view them and
indicate which they wanted and how many.
Mayor Gutenberger answered questions from Council members on the
Route 96 issue and the scheduling of public hearings on the
issue.
MAYOR'S APPOINTMENTS:
Rental Housing Task Force
Mayor Gutenberger stated that he has passed out a list of nine
appointments to the Rental Housing Task Force to Council. The
resolution establishing this task force was to be made up of
nine persons, 4 of which should be renters and also stipulated 10
various areas of representation. He stated that actually 6 of
the persons on the list for appointment are renters, even though
the resolution of Council only required 4 be renters. The
appointments are as follows:
REPRESENTING
* Students
* Subsidized Housing
Senior Citizens
NOMINEE
Paula Weiss
523 East State Street
(Grad Student Family Renters)
Lily McLaughlin
92 Abbot Lane
West Village
(E.O.C., Human Rights Comm.)
Jean Rector
319 East Upland
(Sr. Citizen's HOST program)
Rental Housing Owner /Manager Neal Howard
427 North Cayuga Street
(Owner Carey Property Mgmt.)
* Labor William Chase
South Albany Street
(U.A.W.)
* Tenant Valarie MacDougall
315 South Albany Street
* Planning & Development Committee David Lytel
Planning & Development Board Sean Killeen
* Tenant Steve Jackson
Chair - Steve Jackson
Vice -Chair - Sean Killeen
* Renter
19-11
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November 2, 1988
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Mayor Gutenberger answered questions from Council members
regarding appointments and explained how he appointed the
representatives to the different areas of the committee.
Discussion followed on the floor.
Resolution
By Alderperson Nichols: Seconded by Alderperson Hoffman
(400", RESOLVED, That this Common Council approves the Mayor's
appointments to the Rental Housing Task Force.
Further discussion followed on the floor regarding the number of
persons serving on the task force and of the resolution that was
passed by Council establishing this task force.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
(� RESOLVED, That this Common Council approves this task force as
appointed but increases the number of members from 9 to 11 to
LO include representation from a neighborhood civic organization and
a member from the real estate or banking community, and that they
preferably be city residents.
m Carried Unanimously
Q
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
CITY ATTORNEY'S REPORT
TV Cable Franchise
City Attorney Nash reported that the television cable business
was concluded on October 31, 1988. ACC has received three
copies of the signed franchise agreement with the city; one will
be received back and one will be filed with the State Commission
with waiver requests. The city has received a check for $75,000.
We also executed stipulations withdrawing the federal lawsuit
and settling the FCC proceedings on the rate regulation issue.
Alderperson Lytel thanked City Attorney Nash for all the work
that has taken place since the Council thought that they had
finished this and the time that it actually was finished.
Alderperson Lytel asked Atty. Nash if he has any indication of
how long it takes the State Cable Commission to make this
approval of the waiver regarding the length of time for the
franchise agreement.
City Attorney Nash responded that he will inquire about the
length of time it will take and he will ask about any public
notifications that are built into that waiver process so that the
public can comment before the commission makes their decision.
Alderperson Killeen, as Liaison to the Senior Citizen Council,
asked when will the discount start, how much will it be, who will
get it, who determines it, and is it negotiable.
City Attorney Nash responded that the city has to provide a list
to the Cable Company generated from the Tax Rolls of those
individuals over 65 who qualify for real property tax reduction
and then they will kick in the discount for those people who are
hooked up for cable service. He will check to see if it can be
retroactive.
Further discussion followed on the floor on the role of the
Television Cable Commission. It was agreed that this commission
will be asked to meet in the very near future.
R -2b Zoning Designation of the 'Pogo Parcel'
Alderperson Cummings asked how long it will be before the city
has any kind of a determination on the matter of the lawsuit on
the R -2b zoning designation of the 'Pogo Parcel'.
280
November 2, 1988
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City Attorney Nash responded that he understands that
negotiations are still going on between the property owner and
the City of Ithaca regarding possibilities of developing that
parcel.
Hydropower Ads in the Ithaca Journal
Alderperson Booth asked City Attorney Nash if he approved the
hydropower ads before they were published.
City Attorney Nash responded that "yes" he had and they are
consistent with the city's responsibilities.
BUDGET AND ADMINISTRATION COMMITTEE:
*16.5 Tompkins County Focus
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That an amount not to exceed $2,000 be provided to the
Human Services Coalition, as the City's share, for the conducting
of a Comprehensive Human Services Community Needs Assessment, and
be it further
RESOLVED, That an amount not to exceed $2,000 be transferred from
Account A1990, Contingency, to Legislative Account A1010 -435,
Contractual Services.
Alderperson Schlather commented that he thinks the city and the
county should be paying in a proportionate amount for these
services, which would render this donation $1,000 as opposed to
$2,000. His position was that the city is a part of the county
and therefor we shouldn't be paying twice. We consistently send
the wrong message when we fund these programs at some
proportional level, whether it be 1/3 - 2/3 or 50 - 50 with the
county. In this particular case, especially, we do fund the Human
Services Coalition, we give them a budget, we give them a set of
priorities. His recommendation was that we simply include this
as part of their priorities for 1989 and that the funding that we
give to them reflect that set of priorities. He stated that he
is not against the program but he thinks it could be done county
wide and at county expense which includes the city taxpayers.
Amending Resolution
By Alderperson Nichols: Seconded by Alderperson Lytel
RESOLVED, That the sum of $2,000 be changed to $1,000.
A vote on the amendment resulted as follows:
Ayes (5) - Schlather, Romanowski, Lytel, Nichols, Booth
Nays (5) - Johnson, Peterson, Hoffman, Cummings, Killeen
Mayor Gutenberger voted Nay breaking the tie.
Motion Defeated
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) - Booth, Nichols, Cummings, Peterson, Hoffman,
Lytel, Johnson, Killeen
Nays (2) - Schlather, Romanowski
Carried
HUMAN SERVICES COMMITTEE:
*17.1 Affirmative Action Plan
By Alderperson Peterson: Seconded by Alderperson Nichols
WHEREAS, the Affirmative Action Advisory Commission has revised
the 1981 Affirmative Action Plan, and
WHEREAS, the Human Services Committee has thoroughly reviewed the
plan and recommends its adoption; now, therefore, be it
RESOLVED, That the revised Affirmative Action Plan is adopted by
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November 2, 1988
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Common Council as the basic document setting forth the background
and policies that the City will follow in equal employment
opportunity and affirmative action.
Alderperson Peterson gave background information on the
resolution. Mayor Gutenberger extended his thanks to the
Committee for all their work on the document.
A vote on the resolution resulted as follows:
Carried Unanimously
(Copy of City of Ithaca Equal Employment Opportunity and
Affirmative Action Plan is attached to the Minute Book.)
*At the end of the November 2, 1988 Minutes
INTERGOVERNMENTAL RELATIONS COMMITTEE:
*18.1 Sale of City Hall Annex
By Alderperson Booth: Seconded by Alderperson Killeen
WHEREAS, the Common Council of the City of Ithaca by resolution
LO duly adopted at its regular meeting on October 7, 1987 did
d- declare the City Hall Annex, Tax Map Number 70 -5 -24, 123 South
LD Cayuga Street to be surplus property; and did authorize and
direct the Ithaca Urban Renewal Agency and its Executive Director
to solicit proposals for the sale of the Annex, to evaluate said
M proposals according to the stated criteria of purchase price,
Q proposed reuse and appropriateness of any planned alterations to
the exterior of the structure, and recommend to Common Council
its selection of purchaser for Council's review and action, and
WHEREAS, the Ithaca Urban Renewal Agency did duly solicit and
evaluate proposals for the sale of the Annex, and did recommend
the sale of the subject property to Charles Schlough in
accordance with the terms and conditions of his proposal dated
February 1, 1988, said recommendation being accepted by Common
Council at their April 6, 1988 meeting, and
WHEREAS, the Common Council at their August 3, 1988 meeting
authorized and directed the Intergovernmental Relations Committee
of Council to meet with Charles Schlough to negotiate a purchase
offer for the Annex, and to report their findings to Council;
now, therefore, be it
RESOLVED, That the Intergovernmental Relations Committee
recommends the sale of the City Hall Annex to Charles Schlough
for the amount of $245,000, in accordance with the Purchase
Proposal dated October 4, 1988, and that the Common Council
hereby accepts the Committee's recommendation and authorizes and
directs the Ithaca Urban Renewal Agency and its Executive
Director to publish the appropriate notification of the sale of
the Annex in compliance with City Charter Section 3.10(40) so
that the Common Council can consider the actual sale of the City
Hall Annex to the person and upon the conditions noted at its
regular meeting on December 7, 1988.
Discussion followed on the floor regarding the Special Conditions
section of the purchase proposal.
City Attorney Nash and Mr. Schlough answered questions from
Council members.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Nichols
RESOLVED, That a "Be it Further Resolved" be added to the
resolution to read as follows:
"That the purchase offer be amended to include a prohibition
against assignment of the contract or transfer of the lands prior
to completion of all renovations in both the McKinney building
and the City Hall Annex as proposed by the purchaser, without the
consent of the city."
Carried Unanimously
282
November 2, 1988
10
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Johnson, Nichols, Cummings, Hoffman,
Killeen, Peterson, Lytel
Nays (2) - Schlather, Romanowski
Carried
Recess
Common Council recessed at 9:10 p.m. and reconvened in Regular
Session at 9:30 p.m.
HUMAN SERVICES COMMITTEE:
*17.2 Allegations Against the Police Department
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, there is a perception in the community and the police
department that Common Council believes there is widespread
corruption and illegal activity in the police department, and
WHEREAS, under these circumstances it is difficult for police
officers to carry out their responsibilities, and
WHEREAS, it is in the best interest of the community to foster
good communication and cooperation among its citizens, police
department, and government, especially in order to create a
unified force to combat drugs and related crime, and
WHEREAS, it is the responsibility of Common Council to address
perceptions of corruption; now, therefore, be it
RESOLVED, That Common Council expresses its support for the
Ithaca Police Department and pledges its best efforts to work
with the police and the community to battle the drug and crime
problems, the solution of which is a high priority, and be it
further
RESOLVED, That Common Council wishes to make clear that it has
never asserted there is in fact widespread corruption and illegal
activity in the Ithaca Police Department, and be it further
RESOLVED, That Common Council supports Chief McEwen in
arrangements for a proper investigation of any specific
allegations and has confidence that he will take appropriate
action should it be required, and be it further
RESOLVED, That the Common Council will support Chief McEwen and
the police force in any efforts to address the perceptions of
corruption that have been brought to our attention.
Alderperson Peterson gave background information on the
resolution.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
*14.1 Festival Lands: Transfer to Finger Lakes Parks Commission
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That the City Attorney is hereby directed to draft any
and all legal documents necessary to transfer the title to city -
owned land commonly known as the Center for the Arts parcel
located north of Cass Park and surrounded on the west, north, and
east by Allan H. Treman Marine Park to the State of New York
Office of Parks, Recreation, and Historic Preservation, Finger
Lakes Region.
Discussion followed on the floor on the procedure for disposal of
this land.
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November 2, 1988
11
City Attorney Nash stated that it is his opinion that the same
procedures as were followed for the sale of the City Hall Annex
will have to be applied to the transfer of this land to the
Finger Lakes Parks Commission; 8 votes, published notice, full
value. He remarked that he has reviewed the situation as far as
what has been done by Council previously with respect to this
property. It looks like Council entered into a revocable license
with the state for the ballfields but did not give final approval
to the disposition of this property. It is his understanding
(Olwe that this was a "non- park" piece that the city was going to make
"park" by virtue of the fact that the state was going to make it
"park". The city was going to use it as a substitution plus use
it as a consideration for a transfer with the state. He believes
the intention was that we could use it in the alienation and
dispose of it to the State. The request now from Albany is that
we not include this in the alienation.
LD Alderperson Killeen commented that by doing this transfer, the
city could include, by adding to this document, better terms of
trade, better environmental control, whatever covenants the city
LO wants to apply but we would have something to work with. He
believes that the process should be started that will inform the
M city and the public.
Q
Additional Conditions to Festival Land Document
Alderperson Nichols requested that the following condition be
added to the document: "That the city does allow the state to
add one slip at the marina as shown on the preliminary
development plan of November 2, 1988. The rest of the land shall
be maintained as open park land for the passive recreation and
enjoyment of the people of the city. If at any time the state
wishes to make any other use of that land, it would revert back
to the city unless the Common Council gives its express approval
we of that change."
The Chair accepted the condition.
Alderperson Schlather referred to a memo from Planning &
Development Director Van Cort from 1983 that confirms that in
fact there is a provision that city residents who use Treman
Marina do not have to pay fees for the use of the Marina, other
than the rental of a boat slip. Alderperson Schlather stated
that there is no fee now but it is a state park and it may happen
in the future. He would like to insert the following condition
in the deed: "City residents who use the Treman Marina Park will
not be charged a fee other than for rental of marina slips."
Alderperson Schlather reiterated his intent that the city
transfer these lands to the state, not because the state is
giving us such a great deal in terms of dollars and cents, but
they will be giving us a great deal in terms of providing park
land to the residents of this area including the residents of the
City of Ithaca at no cost to the city. He stated that this is
important because the state park system has a budget that far
surpasses what the city can afford. They can make this good park
land and make it accessible and usable. He strongly urged the
Council to proceed with this transfer.
The Chair accepted the condition assuming that it is legal for
the State of New York to give, preference to particular state
residents. Mayor Gutenberger will have City Attorney Nash check
into this and report back to Council.
Alderperson Booth stated that he is voting against it. It was
and is a bad deal in terms of the city's fiscal responsibility.
He remarked that the job of the parks commission is to provide
parks; it is not to provide them at the expense of the resources
of the City of Ithaca. He does not see any way that this is a
deal that is justifiable. He does not see any way that we can
•
November 2, 1988
12
come up with a conclusion that will engender eight votes to
support it, that this is full value the way the Charter is now
written. He does not think this is a good financial deal and he
does not think New York State should take advantage of one of its
municipalities.
Furthermore, there is another issue that has not been addressed
by anyone other than the Youth Bureau Board. If the new rink is
built at Cass Park, that rink will be built in such a way that
the city will lose one or more ball fields at Cass Park.
Therefore, there will be a need to replace those ball fields or
to diminish the number of activities that occur at Cass Park.
Alderperson Cummings asked that the area of "Hog's Hole" on the
map be defined, that the area be outlined with a dotted line. It
looks like a portion of the original woodland actually does have
a toe into the Festival Lands. She stated that she thinks it
would be prudent as a part of this swap to put a definitive
dotted line around "Hog's Hole" so that Council knows what we are
talking about and so that it includes surrounding woodlands as
well as the swamp land.
The Chair accepted this suggestion.
Alderperson Killeen asked that there be a further condition
added, upon which the transfer would be conditional, "that there
would be an environmental assessment review consistent with the
standards that the city has."
The Chair accepted the condition.
Alderperson Peterson referred to Mr. Mazzella's letter and asked
if there is any way that the city can ask the state to go for a
longer license for the ball fields.
Mayor Gutenberger responded that when this question was asked a
few years ago the answer was that it would be time consuming and
possibly very difficult but we will ask the question again.
Alderperson Schlather stated that it is conceivable that the city
could put in a provision that there would be a reverter of the
remaining lands to the city in the event that our license to use
Buttermilk is cancelled.
A vote on the resolution resulted as follows:
Ayes (7) - Romanowski, Johnson, Nichols, Cummings,
Schlather, Lytel, Killeen
Nays (3) - Peterson, Hoffman, Booth
Carried
*14.2 Cluster Subdivision Ordinance
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That Ordinance Number 88 - entitled "An Ordinance
Amending Article I, Section 30.3 and Article II of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance be held at
the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Wednesday, December 7, 1988 at 7:00 P.M., and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
Dllqk�
LAMCM
November 2, 1988
13
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
(Wo", ORDINANCE NO. 88 -
AN ORDINANCE AMENDING ARTICLE I, SECTION 30.3 AND ARTICLE II OF
CHAPTER 30 ENTITLED "ZONING" 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. AMENDING ARTICLE I, SECTION 30.3 OF CHAPTER 30.
LO
Iq That Article I, Section 30.3 is hereby amended to add the
LO following new definition:
11104. 'Cluster Subdivision' shall mean a subdivision in
M which limited deviations from the regulations of a zoning
Q district in which it is built are permitted in accordance with
the provisions of Section 30.28 of the Municipal Code."
SECTION 2. AMENDING ARTICLE II OF CHAPTER 30.
That Article II of Chapter 30 is hereby amended to add the
following new section:
"Section 30.28 Cluster Subdivision Development
A. Intent
This section authorizes the Board of Planning and
Development, during the process of subdivision plat approval
pursuant to Chapter 31 of the Municipal Code, to make reasonable
changes in the existing zoning regulations for the property
affected so as to enable the development of a cluster
subdivision. This authorization permits deviations in the
district regulations applicable to the affected property, subject
to the limitations contained in this section. Cluster
subdivisions may be approved in order to promote the following
purposes:
1. The preservation and enhancement of open spaces, water
courses, wetlands and areas designated as critical
environmental areas.
2. The development of active and passive recreation areas.
3. The development of residential dwelling units in forms
which are consistent with the public welfare and which
provide reasonable safeguards to the appropriate use of
adjoining land.
4. Efficient and cost - effective development of roads,
sidewalks, utilities, water and sewer lines and other
forms of public and private infrastructure.
5. The development of housing that is more affordable than
that normally developed under conventional zoning
regulations.
B. Authorization and Minimum Requirements for Cluster
Subdivisions.
28G
November 2, 1988
14
The Board of Planning and Development is authorized,
upon petition by an applicant for subdivision approval, to
approve a cluster subdivision that includes reasonable deviations
from the existing regulations of the zoning district in which the
subdivision is located, in accordance with the following
limitations:
1. Cluster subdivisions may only be permitted in the R -la,
R -1b, R -2a, R -2b, R -3a and R -3b zoning districts.
2. Cluster subdivisions shall contain only those primary
uses and accessory uses which are permitted in the
zoning district in which the cluster subdivision is
proposed, except as permitted by Paragraph B.3.
3. The following types of deviations from the zoning
regulations of the district in which the cluster
subdivision is proposed is permitted:
a. Building type for residential uses.
b. Lot area.
C. Lot width at street line.
d. Maximum percentage of land coverage by buildings
on any individual lot within the cluster
subdivision; provided that the total percentage of
land coverage by all buildings in the cluster
subdivision shall not exceed the following
percentages for the zoning district in which the
cluster subdivision is located:
i.
R -la
20%
ii.
R- lb
25%
R -2a
30%
iv.
R -2b
35%
v.
R -3a
35%
vi.
R -3b
40%
e. Front, side and rear yard dimensions, provided
that all buildings in a cluster subdivision shall
have a front yard of at least ten (10) feet and
further provided that all buildings in a cluster
subdivision shall be at least ten (10) feet from
the boundary of a cluster subdivision where it
abuts land (other than a public right -of -way) that
is not part of the cluster subdivision.
4. The maximum number of dwelling units permitted in a
cluster subdivision shall not exceed the number of
dwelling units that would be permitted on the site in a
conventional subdivision under the conventional zoning
regulations for the zoning district in which the
cluster subdivision is proposed, subject to all
applicable development regulations applying to the
property in question, plus any other restriction which
the Board of Planning and Development has the authority
to impose pursuant to Chapter 31 of the Municipal Code.
5. Any reduction in the lot area for buildings in a
cluster subdivision beyond the minimum allowed in the
zoning district in which the subdivision is located
shall require the reservation of an equivalent amount
of land as open space, passive recreation area or
active recreation area. Wetlands, flood plains, steep
slopes or other areas not normally appropriate for
building construction shall not account for more than
fifty (50) percent of the land area reserved.
.J
0
19,
287
November 2, 1988
15
6. All open space or recreation areas reserved in
accordance with Paragraph 5 of this subdivision shall
be dedicated as common land for the benfit of the
members of the subdivision. The development, operation
and maintenance of this property shall be in accordance
with the approved site development plan and in a manner
(wool, that is consistent with the public welfare.
C. Approval of Cluster Subdivisions
b. A site development plan showing the
location, size, use and physical
features of all proposed buildings and
accessory uses; the location and design
of vehicular and pedestrian access and
the location of parking areas.
C. A landscaping plan showing the type and
location of all existing trees,
vegetation and natural features on the
site; the identification of all existing
vegetation to be preserved; the
identification of all new vegetation to
be added; and the location and type of
fences, berms or buffer areas.
(4WO-1 d. A plan showing the boundaries of common
areas to be reserved, and the proposed
use, development and maintenance of
those spaces.
e. Elevations of typical dwelling units to
be constructed in the cluster
subdivision.
f. Environmental review of the project at a
level deemed appropriate by the Board of
Planning and Development.
1. The Board of Planning and Development may consider
a developer's request for approval of a cluster
subdivision or may require that a developer
prepare and submit plans for a cluster subdivision
that contains no greater number of dwelling units
than that proposed by the developer. The Board
shall adopt rules and regulations setting forth
the criteria pursuant to which such an application
may be required. The approval of a cluster
Ln
subdivision shall follow the rules and procedures
contained in Chapter 31 of the City of Ithaca
m
Municipal Code, Subdivision Regulation.
Q
2. Developers submitting a cluster subdivision plan
shall submit two subdivision plans, one showing
the land developed under the conventional zoning
regulations and the other showing development
under the cluster option. In addition to the
requirements of Chapter 31 of the Municipal Code,
the developer shall submit the following
(aw.,
information on or with the cluster subdivision
plan.
a. An area plan showing the proposed
cluster subdivision and all existing
land use and major natural features of
the land within five hundred (500) feet
of the project site
b. A site development plan showing the
location, size, use and physical
features of all proposed buildings and
accessory uses; the location and design
of vehicular and pedestrian access and
the location of parking areas.
C. A landscaping plan showing the type and
location of all existing trees,
vegetation and natural features on the
site; the identification of all existing
vegetation to be preserved; the
identification of all new vegetation to
be added; and the location and type of
fences, berms or buffer areas.
(4WO-1 d. A plan showing the boundaries of common
areas to be reserved, and the proposed
use, development and maintenance of
those spaces.
e. Elevations of typical dwelling units to
be constructed in the cluster
subdivision.
f. Environmental review of the project at a
level deemed appropriate by the Board of
Planning and Development.
288
November 2, 1988
16
g. Any other information that the Board of
Planning and Development may reasonably
require.
3. The approval of a cluster subdivision shall
constitute the approval of a site development plan
for the affected area. No development shall occur
on the site that is not in strict conformance with
the elements of the approved site development
plan, nor shall the plan be modified without the
approval of the Board of Planning and Development.
4. A cluster subdivision shall not be approved unless
the Board of Planning and Development makes the
following affirmative findings, and states in
writing the facts that support those findings:
a. That the development is found to be
compatible in terms of appearance,
character and overall density with both
the existing and potential development
in the surrounding area.
b. That the development will not place an
unreasonable burden on the public roads
or utilities that will service the
project.
C. That the development will promote the
preservation of open space and natural
resources within the neighborhood to a
greater degree than would conventional
development.
d. That the development is consistent with
the public welfare and that the
appropriate use of adjoining land is
reasonably safeguarded.
e. That the development will not have an
undue adverse impact on any critical
area listed in Section 36.5(B)(1)(1) of
the Municipal Code.
f. That the development complies with the
approved street plan and master plan, if
any, for the area."
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter.
Alderperson Cummings explained the difference between this
version of the resolution and the one that was passed by the
Charter and Ordinance Committee. She stated that the Charter and
Ordinance version is more restrictive in the areas in which it
permits clustering.
Alderperson Schlather referred to a memo, dated October 27, 1988,
that has been received from the West Hill Civic Association
regarding the Cluster Subdivision ordinance. They are expressing
concern about cluster housing in R -1 zones. He asked that
Council send both resolutions to public hearing or send them to a
Committee of the Whole with the Planning & Development Committee
and the Charter and Ordinance Committee. It would be a good
opportunity for the public to come and speak to the issue. He
believes Common Council owes it to their constituents to hear
their comments on this issue.
289
November 2, 1988
17
Alderperson Cummings made reference to the Site Plan Review
Ordinance that was placed on the desks of the alderpersons that
evening. It will be discussed at a joint meeting of the Charter
and Ordinance and Planning and Development Committees on November
17th.
Further discussion followed on sending both ordinances on Cluster
Subdivision to public hearing in December.
Mayor Gutenberger asked that both Subdivision Ordinances be
referred back to committee for discussion on November 17.
Motion to Refer to Committee
By Alderperson Lytel: Seconded by Alderperson Cummings
RESOLVED, That the matter of Cluster Housing be referred to the
joint Planning & Development and Charter and Ordinance Committee
meeting on November 17 for review and report back to Council.
LO Carried Unanimously
d" *14.3 Ithaca Street Tree Survey /Adoption of Report
LO By Alderperson Cummings: Seconded by Alderperson Johnson
IE WHEREAS, the Ithaca Shade Tree Advisory Committee has compiled
M and edited a street tree survey for the City of Ithaca dated
1987, and
Q
WHEREAS, this report has been submitted to the city with certain
recommendations regarding management of the city's street trees;
now, therefore, be it
RESOLVED, That the city accept the Ithaca Street Tree Survey and
does hereby adopt the recommendations incorporated therein, and
be it further
RESOLVED, That the Common Council does hereby thank the Shade
Tree Advisory Committee and, more particularly, Commission
Chairperson Nina L. Bassuk for her contribution to this valuable
report, and be it further
RESOLVED, That Common Council urges the Advisory Committee to
continue its work toward improvement of the city's street trees
and environment.
Alderperson Cummings reported on the presentation that was given
to the Planning and Development Committee and the
recommendations that were made.
Discussion followed on the floor.
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Common Council receives the report of the
Street Tree Survey and refers it to the Planning and Development
Committee to accept the recommendations and report back to the
Common Council.
Carried Unanimously
Proposed Re- zoning /Foot of State Street Hill
(40000, Alderperson Cummings reported that the committee has discussed
re- zoning the area at the foot of the State Street Hill which is
currently zoned B -4. The committee has directed Planning staff
to draw up a resolution for a B -2 zone and a definition of light
assembly which the committee is considering including in the B -2
zones throughout the city. The committee will report back to
Council in December on this matter.
CHARTER AND ORDINANCE COMMITTEE:
*15.1 Belle Sherman School Area Speed Limits
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That subdivision 2 of Section 60.32 entitled "Maximum
School Speed Limits" of the City of Ithaca Municipal Code be
290
November 2, 1988
KU
amended by deleting the existing language of that subdivision and
replacing it with the following new language:
2. Fifteen (15) miles per hour adjacent to Belle Sherman
School and the Wilson Annex, on Cornell Street from 100 feet
north of Mitchell Street to 150 feet south of Valley Road,
on Elmwood Avenue from 100 feet north of Mitchell Street to
Valley Road, on Valley Road from Elmwood Avenue to Cornell
Street, on Ridgedale Road from 100 feet west of Elmwood
Avenue to Elmwood Avenue, and on Mitchell Street from 100
feet west of Elmwood Avenue to 100 feet east of Cornell
Street.
Carried Unanimously
*15.2 Cluster Zoning Amendment
This subject was referred to the joint Planning and Development
and Charter and Ordinance Committee meeting to be held on
November 17, 1988.
Charter Change Respecting Prior Notice to City Regarding Defect
on City Property
Alderperson Booth reported that the Charter and Ordinance
Committee has been discussing a charter change involving the
question of whether the city should have to receive notice of a
defect on city property prior to somebody initiating a liability
for injury against the city. He asked that if any Council member
has questions or comments to let the committee know.
Smoking Ordinance Educational Materials
Alderperson Booth reported that Betsy Darlington, Chair of the
Conservation Advisory Council and he have prepared 2 letters
which have appeared in local newspapers summarizing the ordinance
and have also prepared and circulated to Council and Department
heads brochures both on the workplace provisions and on the
public smoking provisions. There will be material going to the
City Clerk's Office for public distribution.
Provision of City Supplied Services to Residential Subdivisions
Alderperson Booth reported that the Charter and Ordinance
Committee is waiting for a determination by the Planning Board on
the question of whether the city code should be amended. He
stated that at the present time the city provides a number of
services to subdivisions and there is a strong feeling among some
people that should be changed so that the subdivider pays for
those services.
BUDGET AND ADMINISTRATION COMMITTEE:
*16.1 Police Department Personnel Roster
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Personnel Roster of the Police
Department be amended, as requested by the Police Chief, as
follows:
Add - 1 Confidential Secretary to Chief of Police
Delete - 1 Administrative Secretary
Discussion followed on the floor on the changing of this position
from Administrative Secretary to Confidential Secretary.
Personnel Administrator Baker answered questions from Council
members on the change in title for this position.
A vote on the resolution resulted as follows:
Carried Unanimously
*16.2 Confidential Secretary to Chief of Police
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the position of Confidential Secretary to the
Police Chief be added to the City Compensation Plan for
19,
November 2, 1988
19
confidential employees not covered by a union, at the 1988 range
of $15,360 - $20,567 (Grade 15), and be it further
RESOLVED, That Common Council, in cooperation with the Ithaca
Civil Service Commission, shall seek exempt jurisdictional
classification approval from the New York State Civil Service
Commission, and be it further
Discussion followed on the floor.
Alderperson Hoffman stated that he will vote 'no'on this
LO resolution because he is uncomfortable with the procedure that
I' did not solicit other applications for this position. He wished
LD to make clear that his decision to vote'no' has nothing to do
with the qualifications of the candidate.
M Police Chief Mc Ewen explained his selection of Ms. Holford as
< Confidential Secretary to the Police Department.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Schlather, Killeen, Lytel, Cummings,
Johnson, Nichols, Romanowski
Nays (2) - Hoffman, Peterson
Carried
*16.3 Police Department Authorized Equipment
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the 1988 Police Department Authorized Equipment
List be amended to include the purchase of various office
furniture, at a cost not to exceed $2,846, and a mobile radio, at
a cost not to exceed $3,000, as requested by the Police Chief,
and be it further
RESOLVED, That an amount not to exceed $5,846 be transferred
within the Police Department Budget, as follows:
To -A3120 -205, Furniture & Fixtures $21846
-A3120 -225, Other Equipment 3,000
From -A3120 -105, Administrative Salaries 5,846
Carried Unanimously
*16.4 Police Department Consultant
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That an amount not to exceed $6,000 be transferred
within the Police Department Budget from Account A3120 -105,
Administrative Salaries, to Account A3120 -435, Contractual
Services, to provide for the hiring of a consultant, as requested
by the Police Chief.
Carried Unanimously
*16.6 Finance Department Personnel Roster
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Personnel Roster of the
Finance Department be amended, as requested by the City
Controller, as follows:
Add -1 Senior Stenographer
-1 Account Clerk /Typist
Delete -1 Stenographer
-1 Senior Clerk
Carried Unanimously
291
RESOLVED,
That Bonnie Holford be provisionally
appointed to the
position
of Confidential Secretary to the Police Chief, at a
salary of
$17,581, that being Step 4 of the
1988 Compensation
Plan for confidential employees not covered by a union, effective
November
14, 1988, subject to final exempt
classification as
specified
above.
Discussion followed on the floor.
Alderperson Hoffman stated that he will vote 'no'on this
LO resolution because he is uncomfortable with the procedure that
I' did not solicit other applications for this position. He wished
LD to make clear that his decision to vote'no' has nothing to do
with the qualifications of the candidate.
M Police Chief Mc Ewen explained his selection of Ms. Holford as
< Confidential Secretary to the Police Department.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Schlather, Killeen, Lytel, Cummings,
Johnson, Nichols, Romanowski
Nays (2) - Hoffman, Peterson
Carried
*16.3 Police Department Authorized Equipment
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the 1988 Police Department Authorized Equipment
List be amended to include the purchase of various office
furniture, at a cost not to exceed $2,846, and a mobile radio, at
a cost not to exceed $3,000, as requested by the Police Chief,
and be it further
RESOLVED, That an amount not to exceed $5,846 be transferred
within the Police Department Budget, as follows:
To -A3120 -205, Furniture & Fixtures $21846
-A3120 -225, Other Equipment 3,000
From -A3120 -105, Administrative Salaries 5,846
Carried Unanimously
*16.4 Police Department Consultant
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That an amount not to exceed $6,000 be transferred
within the Police Department Budget from Account A3120 -105,
Administrative Salaries, to Account A3120 -435, Contractual
Services, to provide for the hiring of a consultant, as requested
by the Police Chief.
Carried Unanimously
*16.6 Finance Department Personnel Roster
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Personnel Roster of the
Finance Department be amended, as requested by the City
Controller, as follows:
Add -1 Senior Stenographer
-1 Account Clerk /Typist
Delete -1 Stenographer
-1 Senior Clerk
Carried Unanimously
291
292
November 2, 1988
20
*16.7 Public Hearing on 1989 Proposed Budget
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the City Clerk be authorized and directed to
advertise for a Public Hearing on the 1989 Proposed City Budget,
to be held by the Budget and Administration Committee, on
December 1, 1988, at 7:00 P.M., in the Common Council Chambers,
108 East Green Street, Ithaca, New York.
Carried Unanimously
*16.8 Audit
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
#20/1988, in the total amount of $21,806.26, be approved for
payment.
Carried Unanimously
*16.9 Confidential Secretary to the City Attorney
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the City Attorney be authorized to replace the
Confidential Secretary to the City Attorney, at a salary of
$13,815, that being Step 4 on the 1988 Compensation Plan for
confidential employees not covered by a union, effective November
14, 1988.
Carried Unanimously
*16.10 Bond Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLUTION DATED NOVEMBER 2, 1988.
A RESOLUTION AUTHORIZING THE CONSOLIDATION AND SALE OF
$6,275,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS
COUNTY, NEW YORK, FOR VARIOUS PURPOSES IN AND FOR SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. of the aggregate principal amount of $1,438,000
serial bonds authorized by bond resolutions dated February 6,
1985 ($855,000) and December 4, 1985 ($583,000), for the
construction of a Youth Bureau Facility Building in and for the
City of Ithaca, Tompkins County, New York, there shall be issued
and sold as a first series of bonds $1,275,000 serial bonds which
shall mature $77,044 in the year 1990, $76,718 in the year 1991,
$77,000 in the year 1992, $71,141 in each of the years 1993 to
1995, both inclusive, $77,141 in each of the years 1996 and 1997,
$76,669 in the year 1998, $75,000 in each of the years 1999 and
2000, $77,250 in the year 2001, $73,943 in each of the years 2002
to 2004, both inclusive, $73,931 in the year 2005, and $76,854 in
the year 2006, and shall be consolidated with other issues of
bonds of said city as hereinafter authorized. It is hereby
determined that the period of probable usefulness of the
aforesaid specific object of purpose is thirty years, pursuant to
subdivision 11(a) (1) of paragraph a of Section 11.00 of the
Local Finance Law, computed from February 15, 1985, the date of
the first bond anticipation note issued therefor. It is hereby
further determined that the sums of $51,500 each, from a source
other than the proceeds of bonds or bond anticipation notes, were
used on February 12, 1987 and February 11, 1988, to reduce
outstanding bond anticipation notes of said city for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $60,000, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before February 10, 1989, to further reduce outstanding bond
anticipation notes of said city for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness.
Section 2. Of the additional $122,000 serial bonds
authorized by bond resolution dated February 4, 1987, for paying
additional costs for the construction of a Youth Bureau Facility
Building in and for the City of Ithaca, Tompkins County, New
293
November 2, 1988
21
York, there shall be issued and sold as a second series of bonds
$115,000 serial bonds which shall mature $6,000 in each of the
years 1990 and 1991, $9,000 in the year 1992, $6,000 in the year
1993, $7,000 in each of the years 1994 and 1995, $6,000 in each
of the years 1996 to 2000, both inclusive, $9,000 in the year
2001, and $7,000 in each of the years 2002 to 2006, both
inclusive, and shall be consolidated with other issues of bonds
of said City as hereinafter authorized. It is hereby determined
that the period of probable usefulness of the aforesaid specific
(Mmo," object or purpose is thirty years, pursuant to subdivision
11(a)(1) of paragraph a of Section 11.00 of the Local Finance
Law, computed from February 15, 1985, the date of the first bond
anticipation note issued for such purpose pursuant to a bond
resolution dated February 6, 1985. The date of the first bond
anticipation note issued in anticipation of this second series of
bonds was February 12, 1987. It is hereby further determined
that the sum of $7,000, from a source other than the proceeds of
bonds or bond anticipation notes, will be used on or before
February 10,1989, to reduce outstanding bond anticipation notes
of said City for such purpose, such amount constituting the first
installment of the principal amount of such indebtedness.
LO
Section 3. The additional $47,940 serial bonds authorized
M by bond resolution dated October 19, 1988, for paying additional
Q costs for the construction of a Youth Bureau Facility Building in
and for the City of Ithaca, Tompkins County, New York, shall be
sold as a third series of bonds and shall mature $2,820 in each
of the years 1990 to 2006, both inclusive, and shall be
consolidated with other issues of bonds of said City as
hereinafter authorized. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is thirty years, pursuant to subdivision 11 (a) (1) of
paragraph a of Section 11.00 of the Local Finance Law, computed
from February 15, 1985, the date of the first bond anticipation
note issued for such purpose.
Section 4. Of the $142,500 serial bonds authorized by bond
resolution dated February 6, 1985, for the acquisition of certain
land for the College Avenue Improvement Project in and for the
City of Ithaca, Tompkins County, New York, there shall be issued
and sold $126,000 serial bonds which shall mature $5,500 in each
of the years 1990 and 1991, $7,000 in each of the years 1992 to
1996, both inclusive, and $8,000 in each of the years 1997 to
2006, both inclusive, and shall be consolidated with other issues
of bonds of said City as hereinafter authorized. It is hereby
determined that the period of probable usefulness of the
aforesaid specific object or purpose is thirty years, pursuant to
subdivision 21(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation note issued therefor. It is hereby
further determined that the sums of $5,500 each, from a source
other than the proceeds of bonds or bond anticipation notes, were
used on February 12, 1987 and February 11, 1988, to reduce
outstanding bond anticipation notes of said City for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $5,500, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before February 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness.
Section 5. Of the $1,662,500 serial bonds authorized by
bond resolution dated February 6, 1985, for the construction of a
parking structure on certain land located at 128 Dryden Road
containing between 170 an 180 parking spaces, such construction
being part of the College Avenue Improvement Project, in and for
the City of Ithaca, Tompkins County, New York, there shall be
issued and sold as a first series of bonds $1,461,050 serial
294
November 2, 1988
22
bonds which shall mature $68,480 in the year 1990, $64,500 in the
year 1991, $76,622 in the year 1992, $86,081 in the year 1993,
$85,081 in each of the years 1994 to 1996, both inclusive,
$84,081 in the year 1997, $84,553 in the year 1998, $83,222 in
the year 1999, $83,219 in the year 2000, $91,419 in the year
2001, and $96,726 in each of the years 2002 to 2006, both
inclusive, and shall be consolidated with other issues of bonds
of said City as hereinafter authorized. It is hereby determined
that the period of probable usefulness of the aforesaid specific
object or purpose is thirty years, pursuant to subdivision
11(a)(1) of paragraph a of Section 11.00 of the Local Finance
Law, computed from February 15, 1985, the date of the first bond
anticipation note issued therefor. It is hereby further
determined that the sums of $64,500 and $69,000, from a source
other than the proceeds of bonds or bond anticipation notes, were
used on February 12, 1987 and February 11, 1988, to reduce
outstanding bond anticipation notes of said City for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $67,950, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before February 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness.
Section 6. Of the additional $316,250 serial bonds
authorized by bond resolution dated August 6, 1986, as amended on
May 6, 1987, for paying additional costs for the construction of
a parking structure on certain land located at 128 Dryden Road
containing between 170 and 180 parking spaces, such construction
being part of the College Avenue Improvement Project, in and for
the City of Ithaca, Tompkins County, New York, there shall be
issued and sold as a second series of bonds $273,000 serial
bonds which shall mature $12,000 in each of the years 1990 and
1991, $15,000 in each of the years 1992 to 1998, both inclusive,
and $18,000 in each of the years 1999 to 2006, both inclusive,
and shall be consolidated with other issues of bonds of said City
as hereinafter authorized. It is hereby determined that the
period of probable usefulness of the aforesaid specific object or
purpose is thirty years, pursuant to subdivision 11(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law, computed
from February 15, 1985, the date of the first bond anticipation
note issued for such purpose pursuant to a bond resolution dated
February 6, 1985. The date of the first bond anticipation note
issued in anticipation of this second series of bonds was May 6,
1987. It is hereby further determined that the sum of $12,000,
from a source other than the proceeds of bonds or bond
anticipation notes, will be used on or before February 10, 1989,
to reduce outstanding bond anticipation notes of said City for
such purpose, such amount constituting the first installment of
the principal amount of such indebtedness.
Section 7. The additional $59,810 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the construction of a parking structure on certain land
located at 128 Dryden Road containing between 170 and 180 parking
spaces, such construction being part of the College Avenue
Improvement Project, in and for the City of Ithaca, Tompkins
County, New York, there shall be issued and sold as a third
series of bonds $59,810 serial bonds which shall mature $3,206 in
the year 1990, $3,354 in the year 1991, and $3,550 in each of
the years 1992 to 2006, both inclusive, and shall be consolidated
with other issues of bonds of said City as hereinafter
authorized. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is thirty
years, pursuant to subdivision 11(a)(1) of paragraph a of Section
11.00 of the Local Finance Law, computed from February 15, 1985,
the date of the first bond anticipation note issued for such
purpose.
295
November 2, 1988
23
Section 8. Of the $570,000 serial bonds authorized by bond
resolution dated February 6, 1985, for the construction of street
improvements, such construction being part of the College Avenue
Improvement Project, in and for the City of Ithaca, Tompkins
County, New York, there shall be issued and sold as a first
series of bonds $342,000 serial bonds which shall mature $25,700
in each of the years 1990 and 1991, $25,600 in the year 1992,
$30,000 in each of the years 1993 to 1995, both inclusive, and
(Worl $35,000 in each of the years 1996 to 2000, both inclusive, and
shall be consolidated with other issues of bonds of said City as
hereinafter authorized. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is fifteen years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed
from February 15, 1985, the date of the first bond anticipation
note issued therefor. It is hereby further determined that the
sums of $30,000 and $401000, from a source other than the
(D proceeds of bonds or bond anticipation notes, were used on
d- February 12, 1987 and February 11, 1988, to reduce outstanding
LO bond anticipation notes of said City for such purpose, such
amounts constituting the first two installments of the principal
amount of such indebtedness. It is hereby further determined
M that the sum of $40,000, from a source other than the proceeds of
Q bonds or bond anticipation notes, will be used on or before
February 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness. In addition, on February 12, 1987, the sum of
$118,000, constituting borrowed proceeds unexpectedly not
expended for the purpose for which they were borrowed, were
repaid with the intent to reserve the right to borrow the same at
a later time.
Section 9. Of the $570,000 serial bonds authorized by bond
resolution dated February 6, 1985, for the construction of street
improvements, such construction being part of the College Avenue
Improvement Project, in and for the City of Ithaca, Tompkins
County, New York, there shall be issued and sold as a second
series of bonds $118,000 serial bonds which shall mature $10,000
in the year 1990, and $10,800 each of the years 1991 to 2000,
both inclusive, and shall be consolidated with other issues of
bonds of said City as hereinafter authorized. It is hereby
determined that the period of probable usefulness of the
aforesaid specific object or purpose is fifteen years, pursuant
to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation note issued therefor.
Section 10. Of the additional $182,500 serial bonds
authorized by bond resolution dated August 6, 1986, as amended on
May 6, 1987, for paying additional costs for the construction of
street improvements, such construction being part of the College
Avenue Improvement Project, in and for the City of Ithaca,
Tompkins County, New York, there shall be issued and sold as a
third series of bonds $142,000 serial bonds which shall mature
$12,000 in the year 1990, and $13,000 in each of the years 1991
to 2000, both inclusive, and shall be consolidated with other
we issues of bonds of said City as hereinafter authorized. It is
hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is fifteen years, pursuant
to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation note issued for such purpose pursuant to
a bond resolution dated February 6, 1985. The date of the first
bond anticipation noted issued in anticipation of the sale of
this third series of bonds was February 11, 1988.
296
November 2, 1988
24
Section 11. The additional $20,760 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the construction of street improvements, such
construction being part of the College Avenue Improvement
Project, in and for the City of Ithaca, Tompkins County, New
York, shall be issued and sold as a fourth series of bonds and
shall mature $1,887 in each of the years 1990 to 1999, both
inclusive, and $1,890 in the year 2000, and shall be consolidated
with other issues of bonds of said City as hereinafter
authorized. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is fifteen
years, pursuant to subdivision 20(c) of paragraph a of Section
11.00 of the Local Finance Law, computed from February 15, 1985,
the date of the first bond anticipation note issued for such
purpose pursuant to a bond resolution dated February 6, 1985.
Section 12. Of the $149,150 serial bonds authorized by bond
resolution dated February 6, 1985, for the reconstruction of the
Green Street Parking Facility, in and for the City of Ithaca,
Tompkins County, New York, there shall be issued and sold as a
first series of bonds $69,600 serial bonds which shall mature
$4,600 in the year 1990, and $6,500 in each of the years 1991 to
2000, both inclusive, and shall be consolidated with other issues
of bonds of said City as hereinafter authorized. It is hereby
determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to
subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation notes issued therefor. It is hereby
further determined that the sums of $5,850 and $4,350, from a
source other than the proceeds of bonds or bond anticipation
notes, were used on February 12, 1987 and February 11, 1988, to
reduce outstanding bond anticipation notes of said City for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $4,350, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before February 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness.
Section 13. The additional $2,400 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the reconstruction of the Green Street Parking
Facility, in and for the City of Ithaca, Tompkins County, New
York shall be issued and,,sold as a second series of bonds and
shall mature $200 in' each 'of the years 1990' to 2000, both
inclusive, and shall be consolidated with other issues of bonds
of said City as hereinafter authorized. It is hereby determined
that the period of probable usefulness of the aforesaid specific
object or purpose is twenty years, pursuant to subdivision
12(a)(1) of paragraph a of Section 11.00 of the Local Finance
Law, computed from February 15, 1985, the date of the first bond
anticipation note issued for such purpose pursuant to a bond
resolution dated February 6, 1985.
Section 14. Of the $237,500 serial bonds authorized by bond
resolution dated February 6, 1985, for the reconstruction of the
Seneca Street Parking Facility, in and for the City of Ithaca,
Tompkins County, New York, there shall be issued and sold as a
first series of bonds $202,978 serial bonds which shall mature
$12,686 in each of the years 1990 to 2004, both inclusive, and
$12,688 in the year 2005, and shall be consolidated with other
issues of bonds of said City as hereinafter authorized. It is
hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to
subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation note issued therefor. It is hereby
297
November 2, 1988
25
further determined that the sums of $9,150 and $12,686, from a
source other than the proceeds of bonds or bond anticipation
notes, were used on February 12, 1987 and February 11, 1988, to
reduce outstanding bond anticipation notes of said City for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $12,686, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before February 10, 1989, to further reduce outstanding bond
(aw", anticipation notes of said City for such purpose, such amount
constituting the third installment of the principal amount of
such indebtedness.
Section 15. Of the additional $950,000 serial bonds
authorized by bond resolution dated August 6, 1986, for paying
additional costs for the reconstruction of the Seneca Street
Parking Facility, in and for the City of Ithaca, Tompkins County,
New York, there shall be issued and sold as a second series of
Lo bonds $415,372 serial bonds which shall mature $25,962 in the
N- year 1990, $25,960 in each of the years 1991 to 2004, both
LO inclusive, and $25,970 in the year 2005, and shall be
consolidated with other issues of bonds of said City as
hereinafter authorized. It is hereby determined that the period
M of probable usefulness of the aforesaid specific object or
Q purpose is twenty years, pursuant to subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law, computed
from February 15, 1985, the date of the first bond anticipation
note issued for such purpose pursuant to a bond resolution dated
February 6, 1985. The date of the first bond anticipation note
issued in anticipation of this second series of bonds was
February 12, 1987. It is hereby further determined that the sum
of $17,314, from a source other than the proceeds of bonds or
bond anticipation notes, was used on February 11, 1988, to reduce
outstanding bond anticipation notes of said City for such
purpose, such amount constituting the first installment of the
principal amount of such indebtedness. It is hereby further
determined that the sum of $17,314, from a source other than the
proceeds of bonds or bond anticipation notes will be used on or
before February 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
constituting the second installment of the principal amount of
such indebtedness.
Section 16. Of the additional $950,000 serial bonds
authorized by bond resolution dated August 6, 1986, for paying
additional costs for the reconstruction of the Seneca Street
Parking Facility, in and for the City of Ithaca, Tompkins County,
New York, there shall be issued and sold as a third series of
bonds $200,000 serial bonds which shall mature $12,500 in each of
the years 1990 to 2005, both inclusive, and shall be consolidated
with other issues of bonds of said City as hereinafter
authorized. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law, computed from February 15, 1985,
the date of the first bond anticipation note issued for such
purpose pursuant to a bond resolution dated February 6, 1985.
(**Awe The date of the first bond anticipation note issued in
anticipation of this third series of bonds was February 11, 1988.
Section 17. The additional $28,220 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the reconstruction of the Seneca Street Parking
Facility, in and for the City of Ithaca, Tompkins County, New
York, shall be issued and sold as a fourth series of bonds and
shall mature $1,745 in the year 1990, and $1,765 in each of the
years 1991 to 2005, both inclusive, and shall be consolidated
with other issues of bonds of said City as hereinafter
authorized. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is twenty
293
November 2, 1988
26
years, pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law, computed from February 15, 1985,
the date of the first bond anticipation note issued for such
purpose pursuant to a bond resolution dated February 6, 1985.
Section 18. Of the $750,000 serial bonds authorized by bond
resolution dated February 6, 1985, for the reconstruction and
resurfacing of State Street, in and for the City of Ithaca,
Tompkins County, New York, there shall be issued and sold as a
first series of bonds $330,000 serial bonds which shall mature
$30,000 in each of the years 1990 to 2000, both inclusive, and
shall be consolidated with other issues of bonds of said City as
hereinafter authorized. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is fifteen years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed
from February 15, 1985, the date of the first bond anticipation
note issued therefor. It is hereby further determined that the
sums of $20,000 each, from a source other than the proceeds of
bonds or bond anticipation notes, were used on February 12, 1987
and February 11, 1988, to reduce outstanding bond anticipation
notes of said City for such purpose, such amounts constituting
the first two installments of the principal amount of such
indebtedness. It is herey further determined that the sum of
$30,000, from a source other than the proceeds of bonds or bond
anticipation notes, will be used on or before February 10, 1989,
to further reduce outstanding bond anticipation notes of said
City for such purpose, such amount constituting the third
installment of the principal amount of such indebtedness.
Section 19. The additional $11,380 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the reconstruction and resurfacing of State Street, in
and for the City of Ithaca, Tompkins County, New York, shall be
issued and sold as a second series of bonds and shall mature $980
in the year 1990, and $1,040 in each of the years 1991 to 2000,
both inclusive, and shall be consolidated with other issues of
bonds of said City as hereinafter authorized. It is hereby
determined that the period of probable usefulness of the
aforesaid specific object or purpose is fifteen years, pursuant
to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law, computed from February 15, 1985, the date of the
first bond anticipation note issued for such purpose pursuant to
a bond resolution dated February 6, 1985.
Section 20. Of the $1,500,000 serial bonds authorized by
bond resolution dated September 5, 1984, for the construction of
additions to and the reconstruction of portions of the water
supply and distribution system of the City of Ithaca, Tompkins
County, New York, there shall be issued and sold as a first
series of bonds $1,000,000 serial bonds which shall mature
$60,000 in each of the years 1990 and 1991, $40,000 in the year
1992, and $60,000 in each of the years 1993 to 2006, both
inclusive, and shall be consolidated with other issues of bonds
of said City as hereinafter authorized. It is hereby determined
that the period of probable usefulness of the aforesaid specific
object or purpose is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law, computed
from September 14, 1984, the date of the first bond anticipation
note issued therefor. It is hereby further determined that the
sums of $40,000 each, from a source other than the proceeds of
bonds or bond anticipation notes, were used on September 14,
1986, September 14, 1987 and September 14, 1988, to reduce
outstanding bond anticipation notes of said City for such
purpose, such amounts constituting the first two installments of
the principal amount of such indebtedness. It is hereby further
determined that the sum of $45,000, from a source other than the
proceeds of bonds or bond anticipation notes, will be used on or
before february 10, 1989, to further reduce outstanding bond
anticipation notes of said City for such purpose, such amount
299
November 2, 1988
27
constituting the third installment of the principal amount of
such indebtedness. In addition, on September 14, 1986, the sum
of $335,000, constituting borrowed proceeds unexpectedly not
expended for the purpose for which they were borrowed, were
repaid with the intent to reserve the right to borrow the same at
a later time.
Section 21. The additional $34,490 serial bonds authorized
by bond resolution dated October 19, 1988, for paying additional
costs for the construction of additions to and the reconstruction
of portions of the water supply and distribution system of the
City of Ithaca, Tompkins County, New York, shall be issued and
sold as a second series of bonds and shall mature $1,690 in the
year 1990, and $2,050 in each of the years 1991 to 2006, both
inclusive, and shall be consolidated with other issues of bonds
of said City as hereinafter authorized. It is hereby determined
that the period of probable usefulness of the aforesaid specific
object or purpose is forty years, pursuant to subdivision 1 of
LO
paragraph a of Section 11.00 of the Local Finance Law, computed
\j'
from September 14, 1984, the date of the first bond anticipation
LO
note issued for such purpose pursuant to a bond resolution dated
_--
September 5, 1984.
M
Section 22. The serial bonds described in the preceding
Q
sections hereof are hereby authorized to be consolidated for
purposes of sale into one bond issue, aggregating $6,275,000.
Such bonds shall each be designated substantially PUBLIC
IMPROVEMENT (SERIAL) BOND, 1988, shall be dated November 1, 1988,
shall be of the denomination of $5,000 each or any integral
multiple thereof not exceeding the principal amount of each
respective maturity. Bonds may be transferred or exchanged at
any time prior to maturity at the Corporate Agency Department of
Chase Lincoln First Bank, N.A., in Rochester, New York (the
"Fiscal Agent ") , or any successor Fiscal Agent, for bonds of the
same maturity of any authorized denomination or denominations in
the same aggregate principal amount. The bonds shall mature in
the amount of $375,000 on February 1 in each of the years 1990 to
1992, both inclusive, $400,000 on February 1 in each of the years
1993 to 1995, both inclusive, $410,000 on February 1 in each of
the years 1996 to 2000, both inclusive, $325,000 on February 1 in
each of the years 2001 to 2005, both inclusive, and $275,000 on
February 1, 2006, and shall bear interest payable on February 1,
1989 and semi - annually thereafter on August 1 and February 1.
Such bonds shall bear interest at such rate or rates as may be
necessary to sell the same, which rate or rates shall be
determined in the manner provided in Section 59.00 of the Local
Finance Law; provided, however, that (i) the maximum number of
rates which may be bid shall not exceed four, (ii) only one rate
of interest may be bid for bonds of the same maturity, (iii) the
maximum difference between the highest and lowest interest rate
bid may not exceed one and one -half per centum per annum, and
(iv) variations in rates of interest so bid shall be in ascending
progression in order of maturity so that the rate of interest on
any single maturity of said bonds shall not be less than the rate
of interest applicable to any prior maturity. Such bonds shall
be in registered form and shall not be registrable to bearer or
convertible into bearer coupon form. Principal of the bonds will
be payable to the registered owners upon surrender of the bonds
at the Corporate Agency Department of the Fiscal Agent for the
bonds, or any successor Fiscal Agent. Interest on the bonds will
be payable by check or draft mailed by the Fiscal Agent to the
registered owners of the bonds, as shown on the registration
books of the City maintained by the Fiscal Agent, as of the close
of business on the fifteenth day of the calendar month preceding
the date of each interest payment date. Principal of and
interest on the bonds will be payable in lawful money of the
United States of America. Such bonds shall be executed in the
name of said City by the manual or facsimile signature of its
City Controller, and a facsimile of its corporate seal shall be
imprinted thereon. The bonds shall be authenticated by the
3O0
November 2, 1988
manual countersignature of an authorized officer or employee of
- Aye
the Fiscal Agent. It is hereby determined that it is to the
- Aye
financial advantage of the City not to impose and collect from
- Aye
registered owners any charges for mailing, shipping and insuring
- Aye
bonds transferred or exchanged by the Fiscal Agent, and,
- Aye
accordingly, pursuant to paragraph c of Section 70.00 of the
- Aye
Local Finance Law, no such charges shall be so collected by the
- Aye
Fiscal Agent.
- Aye
Section 23. The City Controller, as chief fiscal officer of
- Aye
the City, is hereby authorized and directed to enter into an
- Aye
agreement with a bank or trust company located or authorized to
do business in the State of New York for the purpose of having
Carried Unanimously
such bank or trust company act, in connection with the
obligations herein described, as the Fiscal Agent for said City
to perform the services described in Section 70.00 of the Local
Finance Law, and to execute such agreement on behalf of the
Common Council of said City.
Section 24. All other matters, except as provided herein
relating to such bonds, shall be determined by the City
Controller. Such bonds shall contain substantially the recital of
validity clause provided for in Section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the
Local Finance Law, as the City Controller shall determine.
Section 25. The faith
Tompkins County, New York, ar
payment of the principal of
same respectively become
appropriation shall be made
principal of and interest on
in such year.
and credit of said City of Ithaca,
e hereby irrevocably pledged for the
and interest on such bonds as the
due and payable. An annual
in each year sufficient to pay the
such bonds becoming due and payable
Section 26. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale and award the bonds in such manner as
he shall deem best for the interests of said City, provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 27. This resolution shall take effect immediately.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call, which resulted as follows:
Schlather
- Aye
Romanowski
- Aye
Johnson
- Aye
Nichols
- Aye
Lytel
- Aye
Cummings
- Aye
Peterson
- Aye
Booth
- Aye
Killeen
- Aye
Hoffman
- Aye
Carried Unanimously
*16.11 City Investment Policy
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That as prescribed by the State of New York, the City
of Ithaca Finance Department proposes this written investment
policy for adoption, as follows:
The investment of available funds shall be authorized by the City
Controller or the Deputy City Controller and coordinated with the
City Chamberlain. The voucher giving rise to said investment
301
November 2, 1988
29
shall be signed by the City Controller, with the custodial
authority of all City funds on deposit, the issuance of checks
and approval of wire transfers remaining solely with the City
Chamberlain, thereby retaining internal control over investments.
The procurement of investments shall be based on direct quotation
bids acquired by the City Chamberlain from the official
depositories for City deposits or other investment outlets
(woe legally permissible under provisions of General Municipal Law
Section 11, i.e., (a) Certificates of Deposit issued by banks or
trust companies licensed to do business in New York State, (b)
Repurchase agreements issued as above, with proper agreements and
security transfers, or (c) Obligations of United States,
guaranteed by United States, obligations of the State of New
York, or approved obligations issued by political subdivisions of
the State of New York.
LO The investment of available funds shall not be restricted to the
Iq two Council designated official depositories should the rate of
(.O return available with other legally permissible options be
higher. Should local depositories be unable to meet market rates
m or fulfill their obligations for the provision of appropriate
Q pledge of securities to safeguard the City's investments,
alternate legally allowable investment outlets will be pursued.
The official depositories currently approved by Common Council as
of the date of enactment of this investment policy, in keeping
with the City's already established policy of not designating any
bank or trust company which conducts business in South Africa,
are presented as follows:
(a) Tompkins County Trust Company
(b) Norstar Bank
The safeguarding of City investments shall be the primary
objective of this investment policy. Funds shall be invested in
those instruments which will realize the greatest interest return
permissible by law, while not jeopardizing nor endangering the
principal amount of such investment and meeting liquidity
requirements. The legally required agreements for the pledge of
obligations to secure City investments are in place as of the
adoption of said policy and should be monitored and amended as
prescribed. Only collateral held by an independent third party
bank or trust company licensed to do business in New York State
shall be accepted as a pledge of security. The City's right to
sell such securities, the sustained market value of securities
pledged, the type of collateral to be accepted and the agreed
upon third party shall be delineated in said collateral
agreement.
The City Chamberlain shall be responsible to maintain all
records required by State and Federal agencies and /or Statutes,
and those accounts and records recommended by generally accepted
accounting principals and internal control standards. These
records and accounts shall include all moneys entrusted to the
custody of City Chamberlain and should be complete and current in
all respects and available for review upon demand by the City
Controller, State and Federal agencies and external auditing
firms in conjunction with the Single Audit Act.
In summary, the responsibility for a successful investment
program shall be entrusted to the Finance Department of the City
and shared proportionately, per City Charter, by the offices of
City Controller and City Chamberlain. This formal investment
policy hereby enacted by the Common Council of the City of Ithaca
shall serve as a basis for procuring, safeguarding, accounting
and reporting cash investments of available funds, in conformance
with all related legal requirements.
301
November 2, 1988
30
Alderperson Schlather furnished background information on the
resolution.
Alderperson Romanowski stated for the record that he voted 'no'
on this resolution in the Budget and Administration Committee
meeting because he feels that if we are going to single out
South Africa we should designate every other country that takes
away human rights. However, the city does need an investment
policy so he will vote for the resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
Schedule for the Budget Hearings
Alderperson Schlather reported that a schedule for the budget
hearings, dated October 31, 1988, has been circulated. There was
discussion on the floor regarding the hearing times and dates.
HUMAN SERVICES COMMITTEE:
Fire Department Budget
Alderperson Peterson reported that the Human Services Committee
met with Fire Chief Olmstead regarding the 1989 fire department
budget. She stated that the committee is particularly interested
in what a 20% increase would buy in terms of staffing, clothing
allowance, etc.
Labor /Management Day Care Committee
Alderperson Peterson reported that there should be available soon
documents from the Labor /Management Day Care Committee and the
recommendations that committee has set forth after the survey
that was taken of city employees.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Hydropower
Mayor Gutenberger reported that the Hydropower brochure is
finished and it should be mailed this week.
ADJOURNMENT:
On a motion the meeting adjourned at 11:07 p.m.
Callista F. Paolangeli
City Clerk
Johri C. Gutenberger;
�jMayor,
10
N6embe- l Z. , 196
:EQU,AY-, IEMr->Y,(D-YM:EI-4-r (DIPIP(Dn-EUI-JT-r-Y
AND
-A, IF IF T IR MA rF T"V IE A 0r T (D 114 PLAN
C T rr -Y OF T 'r M A 4Z,4.A
CITY OF ITHACA
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN
TABLE OF CONTENTS
2
I.
GLOSSARY .................... ..............................3
II.
FOREWARD ..... ...............................
III.
PURPOSE ...................................................
..........5
IV.
LEGAL
BASIS OF EQUAL EMPLOYMENT OPPORTUNITY .............
A.
Title VII ............. ..............................6
B.
The Equal Pay Act of 1963 ...........................7
C.
Age Discrimination in Employment Act ................7
7
D.
NYS Human Rights Law ................................
E.
Fair Practices Ordinance ............................7
V.
LEGAL
BASIS OF AFFIRMATIVE ACTION .............
A.
Executive Order 11246 11375 .......................7
B.
Vietnam -Era Veterans Act ............................7
C.
Civil Rights Acts ... ........................•..
.....8
VI.
AFFIRMATIVE ACTION ADVISORY COMMITTEE.........
VII.
EMPLOYMENT POLICIES ............................
..........8
. 9
A.
Recruitment .... ...............................
10
B.
Examination and Selection Procedures ..••••::::...
„ 10
C.
Support ............................................
the Handicapped ...•••••••.....
D.
Actions Concerning
VIII.
RESPONSIBILITIES
OF DEPARTMENT HEADS ..•••••••••••••'•••'
.11
IX.
ASSIGNMENT
OF RESPONSIBILITIES .............••••
......12
. . . 12
A.
Organization / Administration ...................
12
B.
Recruitment and Selection .......................
C.
Monitoring Compliance ...............................
.13
13
D.
Utilization of Present Skills ...................
E.
Assuring EEO Understanding ...............•'•”
.13
F.
Upward /Lateral Mobility .........•••••••'•••
"•• .13
G.
Community Effort Participation ....•••••••••••••....14
..13
H.
Evaluation System ........................•••••'
I.
Discrimination Complaint Processing .••••••••.....
.14
J.
Dissemination of Information .......................14
.14
K.
Supervisors and Managers .............••••••..
•.....1 4
L.
Department Heads ...............................
M.
MBE /WBE Responsibilities .....................•••
•14
..15
X.
COMMUNICATION
OF EEO POLICY . ..............•••••••••....
A.
Internal .............. .........................,,15
B.
External ........ ...............................
....1
C.
Sources Used for Outreach Recruitment............
.16
MONITORING
AND CONTROL (AFFIRMATIVE ACTION) .............
17
17
XI.
A.
Guidelines and Rationale ........•.••••••••••••
18
B.
Statistical Distribution ....................•••
" •
19
C.
Determination of Goals .............................
19
D.
Affirmative Action Goals .....................
• 20
E.
Equal Employment Opportunity Goals ...............
XII.
INTERNAL
AFFIRMATIVE ACTION AUDIT SYSTEM .................20
XIII.
COMPLAINTS
OF DISCRIMINATION .................•••••
.......20
.21
A.
Complaint Procedure ...............................
2
CITY OF ITHACA
EQUAL EMPLOYMENT OPPORTUNITY
AND
AFFIRMATIVE ACTION PLAN
I. GLOSSARY
A. AFFECTED CLASS - Members of a group, who, by virtue of past
discrimination continue to suffer the present effect of that
discrimination.
B. AFFIRMATIVE ACTION AA - Positive efforts to recruit, hire
and promote qualified members of groups formerly excluded,
even if that exclusion cannot be traced to particular
discriminatory actions on the part of the employer.
C. EQUAL EMPLOYMENT OPPORTUNITY EEO - A policy of appointing,
assigning and promoting employees without regard to
political or religious affiliation, marital status, race,
color, creed, national origin, sex, age, veteran status,
sexual preference, or physical or mental handicap, except
when sex, handicap or age involves a bona fide job
requirement.
D. GOALS - The employer's expected increase of minorities and
females in the work force. Special consideration should be
given to those job classes in which underutilization of
minorities and females has been evident in the past.
It should be noted that EEO enforcement agencies emphasize
that goals should not be viewed as rigid, inflexible quotas.
Both long -range and annual targets should be based on the
number of anticipated openings and the availability of
protected class applicants.
(600" E. GOOD FAITH EFFORT - The honest, positive, and cooperative
effort put forth by an employer to attract qualified
protected class applicants.
F. MINORITY - Includes Black, Asian American, American Indian,
Hispanic and other (Aleuts, Eskimos, Malaysians).
G. OUTREACH RECRUITING - A recruiting program designed to
attract minority /female applicants through the use of
organizations and other sources with high minority /female
populations.
3
H. PROTECTED CLASS - Members of a group, who, by virtue of past
discrimination continue to suffer the present effect of that
discrimination. As covered in this Affirmative Action Plan
document, the protected classes are: race, sex, color,
religion, age, national origin, political affiliation,
sexual preference, veteran status and physical or mental
handicap.
I. TARGET POPULATION - Employees designated as "protected
class" members, those who continue to suffer the effects of
discriminatory employment practices; women /minorities.
J. TEST - Any paper and pencil or performance measures used as
a basis for any employment decision.
K. TIMETABLES - A time frame within which an employee tries to
reach the established affirmative action goals for hiring or
promotion.
L. UNDERUTILIZED - When the minority /female population
representation in a job category /group or job classification
is less than the established norm or less than would
reasonably be expected by their availability.
M. UPWARD MOBILITY - The ability of an employee to progress to
positions of increasing responsibilities through a program
of training and through the development of career
development procedures and programs.
N. UTILIZATION - The percent of City department or agency
minority /female representation as compared to the total
County population. Utilization conditions are determined by
relating this percent to the established norms for each job
category /group.
O. UTILIZATION ANALYSIS - An in depth analysis of the
composition of the work force by minority group status and
sex indicating by job category /group current utilization
conditions. Includes establishing goals to be attained for
the fiscal year for which the analysis is prepared.
II. FOREWORD
The City of Ithaca is committed to both the substance and the
spirit of Equal Employment Opportunity and Affirmative Action and
the laws pertinent to their implementation. Equal Employment
Opportunity prohibits discrimination in the terms and conditions
of employment, whereas Affirmative Action represents a conscious
effort to correct the effects of past discrimination.
The City of Ithaca pledges equal opportunity in the terms and
conditions of City employment for all persons, regardless of
race, sex, color, religion, age, national origin, political
n
affiliation, sexual preference, veteran status, and physical or
mental handicap.
This spirit of commitment will include policies covering
recruitment, selection, training and promotional opportunities,
compensation and non -wage benefits and full and fair response to
policy or job - related grievances. All documents and forms in
each of the above areas will carry an equal opportunity
statement.
The attached revised plan is the result of work by the Mayor, the
City of Ithaca Personnel Office, the Affirmative Action Advisory
Committee, and interested minority groups. It also reflects some
of the changes in federal policy regulations as court decisions
have amended them.
Quotas and timetables have been eliminated. Instead, a good
(40101 faith effort and goals are set forth in terms of percentages
related to current census data and employment statistics.
Much has been accomplished since 1980; even more remains to be
done. With this program as a guide, we are confident that the
City will continue to provide and enhance a positive and
discrimination -free environment for all applicants and employees.
III. PURPOSE
The City of Ithaca has established its Affirmative Action Program
with the goal of achieving equal employment opportunity in
accordance with the intent of the rules, regulations, and
guidelines of the various federal, state and local laws and
agencies having purview in the equal opportunity area.
This Affirmative Action Plan provides further assurance for the
full implementation of the City's policy on Equal Employment
Opportunity (EEO), the goal of which is equal opportunity for any
individual regardless of race, color, religion, sex, marital
status, age, national origin, political affiliation, veteran
status, sexual orientation or affectional preference, and
(400o, physical or mental handicap as indicated in the terms, conditions
and benefits of employment. The Plan also implements the City's
policy to provide motivation to potential applicants for City
positions and for promotions within the system, and to provide
employment opportunities to members of minority groups,
handicapped persons, and women. The City has developed an
Affirmative Action Program to implement this Affirmative Action
Plan.
5
IV. LEGAL BASIS OF EQUAL EMPLOYMENT OPPORTUNITY
A. Title VII of the Civil Rights Act of 1964 (as amended by the
Equal Employment Opportunity Act of 1972) prohibits
discrimination because of race, color, religion, sex, or
national origin, in any term, condition or privilege of
employment. The Equal Employment Opportunity Act of 1972
greatly strengthened the powers and expanded the
jurisdiction of the Equal Employment Opportunity Commission
(EEOC) in enforcement of this law.
As amended Title VII now covers:
* All private employers of 15 or more persons.
* All educational institutions, public and private.
* State and local governments.
* Public and private employment agencies.
* Labor unions with 15 or more members.
* Joint labor - management committees for apprenticeship
training.
"It shall be unlawful employment practice for an employer:
1. To fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any
individual with respect to his compensation, terms,
conditions, or privileges of employment, because of
such individual's race, color, religion, sex, or
national origin; or
2. To limit, segregate, or classify his employees or
applicants for employment in any way which would
deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect his status
as an employee because of such individual's race,
color, religion, sex, or national origin." (Section
703(a), Title VII, Civil Rights Act of 1964 as amended
by the EEO Act of 1972)
"Nor shall any state deprive any person of life, liberty or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws."
(Section 1 of the Fourteenth Amendment of the U. S.
Constitution)
Title VII of the Civil Rights Act of 1964 also prohibits
discrimination based on race, color or national origin in
all programs or activities which receive federal financial
aid. Employment discrimination is prohibited if a primary
purpose of federal assistance is provision of employment
(such as apprenticeship, training, work study or similar
programs).
6 J
Revised guidelines adopted in 1973 by 25 federal agencies
prohibit discriminatory employment practices in all programs
if such practices cause discrimination in services provided
to program beneficiaries. This could be unequal treatment
of beneficiaries or in hiring or assignment of counselors,
trainers, faculty, hospital staff, social workers or others
in organizations receiving federal funds.
B. The Equal Pay Act of 1963 requires all employers subject to
the Fair Labor Standards Act (FLSA) to provide equal pay for
men and women performing similar work. In 1972, coverage of
this Act was extended beyond employees covered by FLSA to an
estimated 15 million additional executive, administrative
and professional employees (including academic,
administrative personnel and teachers in elementary and
secondary schools) and to outside salespeople.
C. The Age Discrimination in Employment Act of 1967 prohibits
employers of 25 or more persons from discriminating against
persons 40 -70 in any area of employment because of age.
D. New York State Human Rights Law prohibits discrimination on
the basis of race, religion, color, national origin, sex,
age, disability, marital status and arrest and /or conviction
record.
E. Fair Practices Ordinance of the City of Ithaca Municipal
Code was enacted by the Ithaca Common Council in 1984. The
Fair Practices Ordinance prohibits discrimination on the
basis of sexual or affectional preference or orientation.
V. LEGAL BASIS OF AFFIRMATIVE ACTION
A. Executive Order 11246 As Amended By Executive Order 11375
This order issued by the President in 1965, requires
Affirmative Action Programs by all federal contractors and
subcontractors and requires that firms with contracts over
$50,000 and 50 or more employees develop and implement
written programs, which are monitored by an assigned federal
compliance agency.
Specific requirements for such "result- oriented" programs
are spelled out in Revised Order No. 4 issued by the Office
of Federal Contract Compliance, U. S. Department of Labor.
These requirements include identifying areas of minority and
female "underutilization ", numerical hiring and promotion
goals and other actions to increase minority and female
employment in job classifications where they are currently
underutilized.
B. Vietnam -Era Veterans Readjustment Assistance Act of 1974
requires employers with government contracts or subcontracts
of $10,000 or more to take affirmative action "to employ and
7
advance in employment"
veterans of the Vietnam
C. Civil Rights Acts of
interpreted by the
discrimination. Action
behalf of individuals,
and other groups. New
all statements of statut
(3 -1 -88)
disabled veterans and qualified
Era.
_ 1866 and 1970 have also been
courts to prohibit employment
has been taken under these laws on
private organizations, trade unions
legislation will supersede any and
e as now contained in this document.
VI. THE PURPOSE OF THE AFFIRMATIVE ACTION ADVISORY COMMITTEE
The Affirmative Action Advisory Committee was established in 1981
to serve as a communication link between City employees and
management. The main reason for the committee formation was to
serve as an advisory arm to the Mayor, Common Council and the
Personnel Administrator /Affirmative Action Officer (AAO) to
assist in the achievement of equity in employment opportunities
and to identify barriers that have operated in the past to favor
some groups of employees over others in the City Government labor
force.
The Committee will provide advice and consultation to the
Personnel Administrator /AAO on the development, implementation
and conduct of the City's Affirmative Action Program. Also, the
Committee will attempt to provide a channel of communication for
all City Employees to express their concerns, through
representative Committee members, about "Equal Opportunity" and
other aspects of Affirmative Action. The overall objective of
the Committee is to use the experience gained from these
communications to improve existing City policies or to propose
new policies which will help improve Affirmative Action as an
integral part of the operations of the City of Ithaca Government.
Committee membership includes representatives of City
departments, the Personnel Administrator /AAO, representatives
from minority organizations, women and handicapped
representation. The members will serve for periods of 3 year
staggered terms. The Affirmative Action Advisory Committee will
prepare an annual report evaluating the City's progress which
will be distributed to all sites in receipt of the Affirmative
Action Plan and all interested community groups /organizations.
VII. EMPLOYMENT POLICIES
The City of Ithaca Affirmative Action Program is operated in
conjunction with Civil Service. Existing employment policies
have been adopted by the City of Ithaca Common Council and the
Civil Service Commission including the classification of all
positions in the executive and legislative branches; minimum
qualification and methods of selection for any such positions,
L
promotions, transfers, causes and methods of removal from any
such position including demotions, layoffs, and dismissals;annual
sick and other leave; compensation and awards; resignations; work
schedules; disciplinary actions including suspensions and within
grade reductions; and procedures for resolving major complaints
and grievances. These policies are included and available for
review in the City of Ithaca Personnel Manual, City of Ithaca
Civil Service Rules and New York State Civil Service Law.
A. Recruitment
The City of Ithaca adheres to a positive and continuing effort to
inform its interested residents about employment opportunities
available to them within the City Civil Service System. Some of
the specific actions taken are as follows:
1. Continued use of the statement "An Equal Opportunity
Employer with an Affirmative Action Plan" on all
application forms, examination and recruitment
announcements, classified advertising and all other
printed materials.
2. Continued use of local media to dispense information
on job opportunities within the City of Ithaca. This
includes all local newspapers who print press releases
and the local radio stations who periodically announce
Civil Service information (jobs, training, exam
notices, etc.).
3.
Make appropriate contacts with the following but not
necessarily limited to: community counselors of all
secondary schools and colleges in Tompkins County.
Arrangements may be made with the schools to provide
appropriate Civil Service information and to recruit
interested qualified students for available positions.
4.
Continuous expansion of our mailing list which includes
but is not limited to: minority and female
organizations, schools and colleges, employment
centers, churches, and other community based
organizations.
5.
Provide general career information and referrals to
those who walk in seeking employment.
6.
Conduct career seminars at local secondary schools and
colleges stressing the connection between educational
achievements and possible employment.
7.
Maintain effective and continuing liaison between
groups in the City of Ithaca, including but not
Limited to: citizens councils and agencies who
demonstrate a relationship to the economically
disadvantaged, and protected class individuals.
ti
B. Examination and Selection Procedures
Employment and selection procedures will:
1. Realistically and directly relate to actual duties to
be performed.
2. Evaluate the person for the job.
3. Not be arbitrary or discriminatory.
4. Involve only "job related" questions to avoid blocking
qualified candidates from employment.
5. Be reviewed and revised, periodically as necessary, to
ensure that selection was based solely on job related
factors.
The City of Ithaca will encourage the State of New York to
undertake the task of developing Civil Service examinations which
are relevant to the position being sought and:
1. Provide accurate job specification /descriptions to
assist in the validation.
2. Render such other assistance as appropriate in the
examination area.
Additionally, the City of Ithaca Personnel Department and Civil
Service Commission will periodically review, evaluate, and revise
job specifications to ensure that:
1. Specifications accurately describe the work of the
positions allocated to the class.
2. All entrance requirements are job related.
3. A requirement of education, experience, restrictions on
age, sex, or physical characteristics, are deleted
unless they are proved to have a direct relationship on
the job.
C. Support
General responsibility for the enforcement of the Plan lies with
the Mayor. The Department of Personnel will provide control and
guidance necessary to implement the policies established under
the Affirmative Action Plan, using the following methods:
1. Analyzing employment patterns and wage scales within
the City Government and devising plans to discover
possible problem areas.
10
J
J
,(love .......
2. Identifying and removing impediments to Equal
Employment Opportunity by establishing goals for
Affirmative Action whenever found to be necessary.
3. Providing for the internal and external dissemination
of City Policy.
4. Pursuing the pledge of Equal Employment Opportunity by
providing for the continual review, evaluation, and
improvement of City actions in carrying out this
policy and the Affirmative Action Plan.
D. Actions Concerning the Handicapped
The City of Ithaca will maintain contact with the Office of
Vocational Rehabilitation to secure referral of qualified
handicapped individuals. The Office of Vocational Rehabilitation
(4mo.",
and members of the Personnel Department will work in conjunction
to determine:
1. The extent of the handicap.
2. The individual's ability to perform the job duties of a
particular position.
3. The degree of accommodation to be made (must be
reasonable.)
Section 55 of the Civil Service Law grants this agency the right
to reclassify competitive class positions to non - competitive
class positions, to accommodate handicapped individuals who
encounter difficulty in securing employment.
The Personnel Department will also maintain close contact with
community agencies and organizations to promote the hiring of
qualified handicapped individuals.
VIII. RESPONSIBILITIES OF DEPARTMENT HEADS
Top management support is a prerequisite to any successful EEO
Program, and that support must be visible to all, inside and
outside the City of Ithaca Government structure. It is this
combination of that commitment that will be the key to success in
our EEO efforts.
All department heads are responsible for insuring that the EEO
Program is implemented as prescribed by the City of Ithaca Common
Council. Department heads must recognize that EEO is important
enough to merit their individual attention.
EEO responsibility touches all parts of the employment function
from appointment to termination. It is important that department
heads convince top level supervisors in their organization of the
11
priority that the City of Ithaca places on the EEO Program and to
influence their attitudes and behavior as they come in contact
with the various elements of the Program.
The department head must be familiar with the City of Ithaca
Affirmative Action Plan and insure that supervisors throughout
the department at all locations know what their responsibilities
are and that they promote the EEO Program. It is imperative that
department heads and supervisors clearly understand their own
responsibilities for carrying out the EEO and Affirmative Action
policies.
The department heads will post the EEO Policy and make
Affirmative Action Plan accessible to employees. Department
heads will also review it with key supervisors at regularly
scheduled meetings; check their recruiting practices; insure that
they are free of unlawful discrimination; expand and refine,
where appropriate, their recruiting efforts to reach women,
minorities, the handicapped, etc.; review the minority employment
data prepared and disseminated periodically by the Department of
Personnel. The success or failure of this Program depends on how
well top management and department heads support, communicate and
provide a positive climate.
IR. ASSIGNMENT OF EEO AND AFFIRMATIVE ACTION RESPONSIBILITIES
The Mayor and the Common Council are ultimately responsible for
the implementation of the Equal Employment Opportunity and
Affirmative Action policy with the overall preparation and
coordination of the Affirmative Action Plan as the responsibility
of the Personnel Administrator /AAO. For the fullest possible
implementation of the Affirmative Action program, responsibility
and accountability for complying with EEO /Affirmative Action
goals and practices are clearly delineated.
A. ORGANIZATION AND ADMINISTRATION OF EEO AA PROGRAM are
the responsibilities of the Personnel Administrator/
AAO who is accountable to the Mayor and Common Council
for all phases of the program. The Personnel
Administrator /AAO shall work with department heads in
solving problems which may arise and continually
attempt to prevent the occurrence of such problems.
B. RECRUITMENT AND SELECTION PROCEDURES are the
responsibility of the Personnel Administrator /AAO who
is accountable to the Mayor and the Common Council.
In those job categories where underrepresentation is
evident, outreach recruitment will be done in
order to ensure that eligible lists submitted to
departments consistently contain a representative
number of women and minorities as can be accomplished
12
0
in accordance with Civil Service Rules, Regulation and
Law. The Personnel Administrator /AAO and Department
Heads shall work closely in developing appropriate
outreach recruitment techniques and solutions to
identified problems.
C. RESPONSIBILITY FOR MONITORING COMPLIANCE of the above
procedures and making recommendations to the Mayor and
the Common Council for appropriate disciplinary action
for failure to comply with EEO /Affirmative Action
regulations is assigned to the Personnel
Administrator /AAO. Whenever a managerial or
supervisory employee is found to be in violation of
EEO /AA regulations or practices, appropriate
disciplinary action up to and including dismissal may
result.
D. PROVIDING OPPORTUNITIES FOR UTILIZATION OF PRESENT
SKILLS OF EMPLOYEES is the responsibility of the
Personnel Administrator /AAO who is accountable to the
Mayor and the Common Council. It will be his /her
responsibility to review qualification requirements to
ensure elimination of unnecessary or non -job related
criteria within the classification structure, and
submitted to the Civil Service Commission for
consideration of re- evaluation and rewrite.
The Personnel Administrator /AAO shall provide technical
assistance with recommendations to overcome unnecessary
barriers in this area.
E. ASSURING EEO AA PROGRAM UNDERSTANDING. SUPPORT AND
COMPLIANCE BY ALL SUPERVISORS AND MANAGERS is the
responsibility of the Personnel Administrator /AAO and
the Affirmative Action Advisory Committee who are
accountable to the Mayor and Common Council. It is
strongly suggested that Affirmative Action training
sessions should take place at least annually for
supervisors, managers and any other job levels
considered appropriate in all departments.
F. DEVELOPING UPWARD AS WELL AS LATERAL MOBILITY
OPPORTUNITIES FOR EMPLOYEES is the responsibility of
the Personnel Administrator /AAO who is accountable to
the Mayor and Common Council. Any vehicle for lateral
and upward mobility that is developed must meet EEO /AA
requirements.
G. PARTICIPATION IN
COMMUNITY
EFFORTS TO
IMPROVE
CONDITIONS WHICH_
AFFECT EMPLOYABILITY
is the
responsibility of the Personnel
Administrator /AAO who
is accountable to the
Mayor and
the Common
Council.
Such efforts should
assure that
the City is
involved
with and aware of
community
efforts to
improve
13
conditions which affect employability including
effective public transportation systems, day care
centers and housing opportunities. The various City
departments are expected to assist in this area as
appropriate.
H. DEVELOPMENT OF
EVALUATION is
Administrator /A
reports to the
once per year.
reporting)
THE SYSTEM FOR EEO /AFFIRMATIVE ACTION
the responsibility of the Personnel
AO who is accountable and will make such
Mayor and the Common Council at least
(see section on internal audit and
I. PROMPT, FAIR, AND IMPARTIAL PROCESSING OF COMPLAINTS OF
DISCRIMINATION AND EEO /AA COUNSELING are the
responsibility of the Personnel Administrator /AAO who
is accountable to the Mayor and the Common Council.
The City of Ithaca Common Council adopted a grievance
procedure in July, 1987. (See Section XIII.)
J. DISSEMINATING INFORMATION from federal, state and local
agencies on current legislation and court decisions or
other policy guidelines concerning EEO and Affirmative
Action to City officials and employees shall be the
responsibility of the Personnel Administrator /AAO.
K. SUPERVISORS AND MANAGERS WILL BE ACCOUNTABLE TO THEIR
DEPARTMENT BEAD for compliance with Affirmative Action
regulations for those employees under their
supervision. Appropriate action may be taken by the
Department Head for failure to adequately perform these
responsibilities.
It is also the responsibility of Supervisors and
Managers to act as a liaison between employees in their
department and the Personnel Administrator /AAO with
respect to the dissemination of Affirmative Action
policy and to keep the Personnel Administrator /AAO
apprised of underutilization of women and minorities in
their department in an effort to reach full
utilization.
L. DEPARTMENT HEADS WILL BE ACCOUNTABLE TO THE MAYOR AND
COMMON COUNCIL for compliance with Affirmative Action
regulations for those employees under their
supervision. Appropriate action may be taken by the
Mayor or the Common Council for failure to adequately
perform these responsibilities. It is the
responsibility of department heads to report quarterly
to the Personnel Administrator all activity with regard
to the hiring and termination of City personnel within
their respective departments. The Personnel Department
will provide any necessary forms to the department
heads and monitor returns.
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It is also the responsibility of Department Heads to
act as a liaison between employees in their department
and the Personnel Administrator /AAO with respect to the
dissemination of Affirmative Action policy and to keep
the Personnel Administrator /AAO apprised of
underutilization of women and minorities in their
department in an effort to reach full utilization.
M. MINORITY AND WOMEN'S BUSINESS ENTERPRISE responsibil-
ities have been assigned to the City of Ithaca
Purchasing Agent who will be responsible for the
policies, procedures and guidelines.
X. COMMUNICATION OF EEO POLICY
The City of Ithaca Affirmative Action Program implementation will
include procedures for dissemination of Affirmative Action Policy
in addition to that contained herein. The primary objective of
this aspect of the Plan and Program is to insure awareness and
understanding of and adherence to, the program by all employees.
It is understood that this is a crucial factor in determining the
eventual success of our efforts toward achieving the goal of
equal employment opportunity for the City of Ithaca.
A. Internal
Wherever possible within the City Government, we have
communicated the Affirmative Action Policy letter reflecting the
City of Ithaca's concern and commitment to ensure equality of
employment opportunity to all employees and particularly
department /agency heads who are involved with the appointment,
transfer, promotion, and termination of City personnel.
An Affirmative Action Advisory Committee has been established
composed of members of target population organizations, members -
at- large, employees of the City and the Personnel
Administrator /AAO, to review and monitor Affirmative Action
progress. (See Section VI for additional information concerning
this advisory committee.)
It is strongly suggested that those in positions with hiring
(Wwoe authority meet with the Personnel Administrator /AAO to conduct
reviews of EEO /AA performance as compared to the Affirmative
Action Plan. EEO /AA progress will be reviewed and remedial
action as warranted will be initiated as a result of these
reviews.
Affirmative Action training sessions are an important part of the
Affirmative Action Program. All department heads, and
supervisors will be asked to attend such sessions which will be
arranged by the Personnel Administrator /AAO.
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An updated Equal Opportunity /Affirmative Action Policy statement
will be made a part of the City Personnel Manual.
The written plan will be distributed to all divisions of City
departments for review by department heads and section
supervisors.
The EEO policy statement by the City of Ithaca is posted
throughout the City departments and offices for employee review.
B. External
Dissemination of EEO /Affirmative Action Policy will include
publicizing Affirmative Action Policy to organizations within the
community whose membership is known to include significant
numbers of protected classes. Continuous contact with such
organizations will be maintained by the Personnel
Administrator /AAO for assistance in current protected class
recruitment and to also aid in maintaining a flow of such
applicants for future openings. All organizations contacted will
be advised of our Affirmative Action policy commitment to meeting
protected class hiring goals and our current openings.
Additional recruiting sources will be cultivated as a part of our
outreach recruiting program. All sources are informed of the
City of Ithaca Affirmative Action policy. Employment advertising
makes reference to EEO in the City of Ithaca and clearly conveys
the City Department's desire to interest protected class
applicants; each advertisement will include the statement "An
Equal Opportunity Employer with an Affirmative Action Plan.
Minorities and women are encouraged to apply ".
Copies of the written plan will be distributed to libraries
within the City and City Community Centers for applicant review.
On a continuing basis, we will reaffirm our Affirmative Action
policy with our recruiting sources both verbally and in writing.
Our continuing desire to hire and retain protected class
employees will be emphasized and implemented.
C. Sources Used for Outreach Recruitment
Inside /Outside Employment Opportunities Bulletin:
All City Departments and Agencies, other applicant sources,
including organizations representing protected classes.
College and High School Recruitment:
Local colleges, universities, and high schools, including
those with large minority and female enrollments.
Involvement with Career Day Seminars.
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News Media:
Major - "newspapers and periodicals as well as applicable
minority publications, for management /mid- management
positions. All positions will be advertised in the local
area. See appendix ** for recruitment list.
Other:
Cooperative efforts with the Tompkins County Personnel
Department and County Affirmative Action Advisory Committee
have been initiated to share applicant information. Both
Committees have pledged commitment to expanding and
strengthening mutual efforts.
XI. MONITORING AND CONTROL (AFFIRMATIVE ACTION)
A. Guidelines and Rationale
When the number of protected class employees is less than the
available labor market statistics, it is possible that less than
adequate utilization of such classes exists.
The normal information furnished in this area is to establish
guidelines or norms expressed as percentages in a particular
occupational job category. The City affirmatively desires to
move to more fairly reflect its surrounding community labor
market, and since no previous guidelines or norms have been set
in the past, it is the intent at this point to concentrate on
getting more protected classes placed in City employment. The
City will also prepare present employees for upward mobility
(promotional opportunities) by department rather than to prepare
goals by individual position description.
Whereas, the City is committed to increasing the numbers of
protected classes, in all departments and agencies at all levels
within the City's employ, special emphasis will be placed on
hiring such individuals at management /mid - management and
supervisory levels. Due to the small number of projected new
hires, the hiring goals that make up "minorities" have not been
listed separately. A good faith effort will be required by all
department heads, supervisors and elected officials to
additionally concern themselves with placement of protected
classes in these positions where it is obvious that historically
these individuals have not been assigned. The City will also
continue to make provisional appointments, as required, and will
follow Affirmative Action hiring guidelines and principles in
making such appointments.
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B. Statistical Distribution
Ongoing assessments of the major areas of the City's employment
process have resulted in the following conclusions and planned
actions.
1. The whole area of statistical monitoring and analysis will
be given continued attention by the Personnel Office whose
responsibilities will be to increase activity in the
Affirmative Action area.
2. Minimum qualifications for selected Civil Service job
classifications will be reviewed to ensure that they are
job related and necessary to the performance of the
particular job. Those job classifications and positions
with less than expected proportions of protected classes
will be given first priority.
3. The State Civil Service Commission requires that selection
of personnel be made only from the top 3 positions on the
eligible list for Competitive Class positions. Recognizing
that some prospective applicants fear the testing process,
due in part to past inability to receive appropriate
training for certain fields of endeavor, a Civil Service
Test Preparation Program has been initiated by the City.
Special emphasis will be given to those positions which
have been underutilized historically for protected class
individuals.
4. Most noncompetitive vacant positions below the management/
mid - management level are often filled very quickly without
a lengthy announcement period. This is often a barrier to
effective outreach recruiting for minority job candidates.
Therefore, for noncompetitive positions below the
management /mid- management level, a pool of applications for
persons previously applying for positions will be maintained
for instant referral.
In the case of competitive positions, most vacant positions
will have a 30 to 90 day announcement period from opening
to closing, except as restricted by State Civil Service
restraints. The City of Ithaca Civil Service employment
opportunity bulletin (job announcement) is mailed to
approximately 100+ referral sources as well as being
published in local newspapers and announced on local radio
stations. In addition, job announcements for management and
mid - management positions will be sent to existing minority
counselors and minority student assistance programs at the
colleges and universities in Tompkins and contiguous
counties as well as those in Broome, Monroe, Onondaga and
Steuben counties. (see Appendix 6) This area will be
examined more closely to determine ways to maximize outreach
efforts and an attempt will be made to start notification
earlier to allow for maximum time for the test preparation
course to be conducted.
In addition, the Personnel Administrator /AAO will
periodically solicit information from department heads and
other appropriate persons as well as to meet with the
Affirmative Action Advisory Committee, to explore ways of
improving the referral network, recruiting visibility and
face to face contact with referral source persons, and
assure that information is disseminated in sufficient time
and widely enough to touch all sources.
C. Determination of Goals
Goals are not established in the form of rigid and inflexible
quotas. They are, however, targets that are reasonably
attainable by applying a good faith effort to correct any
deficiencies.
In determining the level of goals, the City shall consider the
following:
1. The minority and female populations of Tompkins County.
(Complete protected class figures are not currently
available.)
2. The percentage of minorities and women in the work
force as compared with total work force potential.
3. The availability of minorities and women whom the City
can reasonably recruit.
4. The availability of promotable minorities and women
within the City structure.
D. Affirmative Action Goals
1. To have an appropriate percentage of protected class
individuals at all levels in City government,
particularly with reference to administrative,
professional, management, technical and skilled craft
positions.
2. To provide upward mobility for all City employees.
3. To involve executive and supervisory personnel in
achievement of these goals.
All administrative decisions and actions regarding increasing
minority and female hiring must be made in strict accordance with
posit'-ion requirements. Thus, all individuals must be minimally
qualified for any and all positions for which they are hired.
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E.
Equal Employment Opportunity Goals
1. To ensure that the City of Ithaca does not discriminate
against protected classes with respect to the terms and
conditions of employment.
2. To ensure that all City employees, prospective
applicants and the community are aware of the City of
Ithaca's commitment to Equal Employment Opportunity and
Affirmative Action.
3. To involve executive and supervisory personnel in
achievement of these goals.
XII. INTERNAL AFFIRMATIVE ACTION AUDIT SYSTEM
The City of Ithaca system for auditing our Affirmative Action
Program progress and detecting potential problems is described
below. This system involves a number of checks on Personnel
actions affecting Affirmative Action in general. The Personnel
Administrator will compile required information and will provide
semiannual reports to the Mayor, Common Council and the
Affirmative Action Committee. (copies will be furnished to
department heads upon their requests)
XIII. COMPLAINTS OF DISCRIMINATION
It is the policy of the City of Ithaca to provide equal
employment opportunity to all applicants for City jobs, as well
as all City employees. It is the intent of the City to provide
such opportunities in accordance with Federal, State, and local
laws and rules, regulations, and guidelines promulgated by
Federal, State, and local agencies.
It is the City of Ithaca's policy to provide equal employment
opportunity in areas of employment, including but not limited to
recruitment, hiring, orientation, training, promotion, and
termination. To meet this end, the City has disseminated to all
department heads a copy of the City's Affirmative Action Plan.
Department heads are encouraged to make every effort to recruit,
hire and promote qualified individuals without regard to race,
sex, age, color, religion, handicap, marital status, national
origin, political affiliation, veteran status, sexual
orientation and /or affectional preference. In addition, the
City's Affirmative Action Officer and Affirmative Action Advisory
Committee act in an advisory capacity to the City's chief
executive, legislative body, appointed officials, and department
heads on matters concerning affirmative action and equal
employment opportunity.
To assist employees and applicants in resolving complaints of
alleged employment discrimination, the Affirmative Action
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Advisory Committee has developed and established a complaint
procedure. Applicants and employees who feel that they may have
been discriminated against based on race, sex, age, color,
religion, marital status, national origin, political affiliation,
physical or mental handicap, veteran status, or sexual
orientation /affectional preference, should contact the Personnel
Administrator of the City of Ithaca and follow the procedure
outlined herein. The City of Ithaca will make every effort to
resolve the complaint. The complainant will be advised of the
results of the Personnel Administrator's investigation at every
stage of the procedure, and will receive, in writing, the
findings of the Personnel Administrator following a thorough
investigation of the complaint.
A. COMPLAINT PROCEDURE
STEP I: If an employee or applicant feels that he or she has
been discriminated against in some fashion related to
employment opportunities or the terms and conditions
of employment, he or she should notify the Personnel
Administrator of the City of Ithaca within thirty (30)
working days of the alleged discriminatory act, or as
soon as he or she could have reasonably known that
such alleged discriminatory act had occurred. (NOTE:
An applicant for a City of Ithaca position vacancy,
who feels that he or she has been discriminated
against may also file a complaint directly with the
Tompkins County Human Rights Commission -- 1287
Trumansburg Road -- Ithaca, NY 14850.)
STEP II: The individual alleging employment discrimination
should meet with the Personnel Administrator to
discuss the details of the alleged discriminatory act.
After the meeting, the individual should complete the
attached complaint form. The completed form will be
filed with the Personnel Administrator. A copy of the
completed form will be given to the complainant, and a
second copy will be filed with the Chairpersons of the
Affirmative Action Advisory Committee.
STEP III: The Personnel Administrator will conduct a preliminary
investigation of the complaint, including, but not
limited to contacting the person's immediate
supervisor and department head to discuss the facts of
the complaint. If the complaint involves other city
personnel, the Personnel Administrator will interview
those persons as appropriate. Upon completion of this
investigation into the facts of the case, the
Personnel Administrator will submit a written report
to the Chairpersons of the Affirmative Action Advisory
Committee, the Mayor, the complainant, and the
department head. The report of findings should also
contain recommendations for resolving the complaint.
The Personnel Administrator should complete the
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investigation within twenty (20) working days of the
formal filing of the complaint. If the investigation
is incomplete, a preliminary report must be made
within the same time frame.
STEP IV: If the complaint is found to be without basis, the
Personnel Administrator will notify the complainant of
the findings and direct the complainant to other
appropriate agencies, should the complainant wish to
pursue the complaint further. If the complaint is
found to have basis, the Personnel Administrator will
set up a meeting between the parties involved, and
make every effort to reach an appropriate resolution
to the problem. If the complaint cannot be resolved
at this stage, the complainant will be advised of his
or her right to go to other outside agencies, such as
the Tompkins County Human Rights Commission and the
U.S. Equal Employment Opportunity Commission to seek
remedy.
OTHER IMPORTANT INFORMATION
1. EVERY EFFORT WILL BE MADE TO KEEP ALL DISCRIMINATION
COMPLAINTS, BOTH FORMAL AND INFORMAL, CONFIDENTIAL.
2. EACH COMPLAINANT WILL BE EXTENDED THE FULL COOPERATIOK AND
COURTESY OF THE PERSONNEL ADMINISTRATOR AND APPROPRIATE
STAFF.
3. EACH COMPLAINT INVESTIGATION WILL BE THOROUGH, TIMELY, AND
UNBIASED.
4. THE PERSONNEL ADMINISTRATOR WILL AVAIL HIMSELF OR HERSELF
TO ALL EMPLOYEES AND APPLICANTS FOR THE PURPOSE OF
RECEIVING AND DISCUSSING COMPLAINTS OF ALLEGED EMPLOYMENT
DISCRIMINATION.
5. ALL REPORTS AND OTHER RECORDS DEVELOPED IN A PARTICULAR
CASE IN THIS PROCEDURE SHALL BE KEPT IN A SEPARATE,
CONFIDENTIAL FILE IN THE OFFICE OF THE PERSONNEL
ADMINISTRATOR.
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