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HomeMy WebLinkAboutMN-CC-1990-01-01r ��l 1 January 1, 1990 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 12:00 Noon January 1, 1990 PRESENT: Mayor Gutenberger Mayor -Elect - Nichols Alderpersons (10) - Booth, Cummings, Hoffman, Killeen, Lytel, Peterson, Johnson, Romanowski, Schlather Alderpersons -Elect (3) - Blanchard, Daley, Schroeder OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo Deputy City Clerk - Boyles e' Police Chief - McEwen Fire Chief - Olmstead PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of Item 11.6, Resolution of Extension for Purchase of City Hall Annex. No Council member objected. DISMISSAL OF OUTGOING COUNCIL: Mayor Gutenberger commended the Council for their accomplishments of the past years and commented that he is proud to have served and worked with them. He further noted that we have three members of Common Council who have served this community for many years and will not be returning and wished to pay tribute to them. He extended to Alderperson Lytel good wishes for his studies in Alderperson Lytel has been a administration and he appreciates housing and the special care that City with Southside. his very best and heartiest France. He commented that very active member of his his efforts on the issues of ie has taken in relation to the Alderperson Lytel stated that since this is his last Council meeting he wished to make a presentation to the other outgoing members. He stated that he tried very hard to think of an appropriate gift for this colleagues and he believed he had come up with something the outgoing members have always wanted. He decided to give them something that all the alderpersons have been fighting over for at least the four years he has been on Council. He presented Alderpersons Killeen and Schlather and outgoing Mayor Gutenberger with a tile from the floor of Council with appropriate inscriptions. Mayor Gutenberger stated that as soon as the crowd clears they will be checking to see if it is truly the Council floor. Mayor Gutenberger then thanked Alderperson Killeen for his services to the community. He stated that Alderperson Killeen took on a lot of special assignments for him, not the least of which was his duties as Acting Mayor. He commented that Alderperson Killeen has been very active, especially in the areas of Senior Citizens' and related activities of those in our community who are elderly. He stated that for many years Alderperson Killeen was Chair of the Fire Master Planning Committee and continued on in that role and worked with the Town 2 January 1, 1990 and the City in developing a consensus of the future for the fire fighting activities in the Town and the City. Those were not easy meetings and they have not been easy years and Mayor Gutenberger stated his heartfelt gratitude and continued good luck and success to Alderperson Killeen. Mayor Gutenberger thanked Alderperson Schlather for all his hard work and friendship over the years. He stated that he thinks that Alderperson Schlather has truly been the conscience of this Common Council. He stated that for all the fine work that Alderperson Schlather has done, and for the very difficult role as Chair of the Budget and Administration Committee during his administration, there are really no words of gratitude that he could express. Alderperson Romanowski then presented Alderperson Schlather a pin that read " #1 Budget Maker" in recognition of his hard work as Chair of the Budget and Administration Committee; a large bag of popcorn to commemorate all the late night meetings and stops at the "Ritz ", and a caricature of Alderperson Schlather, done by Joseph Patterson which says "Metamorphosis - from Peace, Love and Toenails to Esquire, Politician and Budget Person Super ". Alderperson Cummings presented Alderperson Lytel with several gifts, including 2 cigars for those smoke filled rooms he will encounter in Europe, a beret with an antenna and a cable hook -up so he can keep up with the communications field, and a leather folder to hold the papers that he will be working on while in Paris. Alderperson Hoffman presented to Alderperson Killeen a lifetime supply of imported toothpicks to replace the twisted and mangled paper clips in his desk drawer and a Play School Trolley car, which reads on the side "The Sean Killeen commemorative East Hill Trolley ", on the front 'Common Council Express " , the rules of the trolley, and on the back "8 years of service 1982 -1989 Ithaca Common Council ". Alderperson Hoffman said that the trolley is given to Alderperson Killeen as a symbol to correspond with Alderperson Killeen's attributes. He further remarked that this trolley, like Sean, serves the people very humbly, it is durable, it promotes business and tourism and although the trolley is now gone from Ithaca it may very well come back someday. Alderperson Johnson presented Mayor Gutenberger with a timer which shows 5 minutes, 4 minutes, and 3 minutes so that Mayor Gutenberger has some flexibility and he is no longer locked into saying people can only talk for 3 minutes. He stated that in having served with Mayor Gutenberger on the Third Ward Democratic Committee, he knows that sometimes the Mayor has felt like there were a lot of people that didn't really understand him and what his motives were and that some people exist just to annoy him. He presented Mayor Gutenberger with a card that read, "Some people exist just to annoy me." Alderperson Johnson also presented a poster of Ithaca to the Mayor. Alderperson Booth stated that in regard to the Ithaca poster, some people do not understand Mayor Gutenberger's insistence that a baling station be located in Ithaca. He said that he has been one of the Mayor's allies in that particular fight and has tried to explain to people that Mayor Gutenberger sees Ithaca about as big as the whole world, therefore there have been no limitations as far as the Mayor was concerned. Alderperson Booth presented to Mayor Gutenberger a sign that expresses the Council's sentiments about him as he leaves office. The sign read, "Nobody notices what I do until I don't do it ". Alderperson Booth further stated that on a more serious note, he thinks it is clear, not only to those persons who sit on Council, but to the people of the City of Ithaca, that a Mayor is retiring who has provided this City with many services that are 3 January 1, 1990 well beyond mentioning in a brief time. He stated that Mayor Gutenberger has led the Council and served the Council with extraordinary dedication. He has kept ten, sometimes raucous individuals together and coming to meetings, he has been dedicated to process and insisted that decisions be made in the right way and dedicated to making sure that Ithaca dealt well and fairly with communities around us and that they dealt with us in the same way. (aw" Alderperson Booth went on to say that Mayor Gutenberger has been dedicated above all else to the notion of Ithaca as a 'special place'. He said that the highest accolade that could be made to not always the majority rules. That in fact there is this thing Mayor Gutenberger is that he has seen public service as enormously important and he has dedicated his life to that. He frail, its roof may shake, the wind presented a colored picture of Ithaca Falls to Mayor Gutenberger but the King of England from the Council. cannot enter. All his force dares not cross the threshold of the Alderperson Schlather thanked everyone for the good wishes and the sentiment. He stated that what impresses him about this group and our system is that it in fact works. What is important '..' is that as each of us come forward and we swear to uphold the law, we are not doing anything unique in this country - we are t, simply joining a parade of common citizens throughout this country who at this time of year pass before their local legislators and assume a mantle of responsibility to the law that is greater than any one of us as individuals. Mayor Gutenberger thanked Common Council and remarked that it has been an honor and a privilege to serve with this Council and to serve this great community. He then officially excused the three outgoing Council people. OATH OF OFFICE - MAYOR NICHOLS Mayor Nichols took the oath of office and was sworn in as Mayor by City Clerk Paolangeli. He was presented with his badge of office and a new gavel and name plate by former Mayor Gutenberger. OATH OF OFFICE -- ALDERPERSONS -ELECT Mayor Nichols called the newly elected and re- elected Alderpersons to the rostrum to be sworn into their respective offices: Joseph Daley Barbara Blanch John Schroeder Richard Booth Daniel Hoffman - newly elected from Second Ward and - newly elected from First Ward - newly elected from Fourth Ward - re- elected from Third Ward - re- elected from Fifth Ward The newly elected and re- elected Alderpersons took the oath of office and were sworn in by City Clerk Paolangeli. Alderperson Schlather stated he wished to leave the Council with a thought about our Bill of Rights because the Bill of Rights essentially tempers this great democracy. The Bill of Rights speaks to us of our individual rights, it recognizes that it is not always the majority rules. That in fact there is this thing called the right of privacy. There is a especially apropos that reads: "The quote that he thought was poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter, but the King of England cannot enter. All his force dares not cross the threshold of the ruined tenement." Mayor Gutenberger thanked Common Council and remarked that it has been an honor and a privilege to serve with this Council and to serve this great community. He then officially excused the three outgoing Council people. OATH OF OFFICE - MAYOR NICHOLS Mayor Nichols took the oath of office and was sworn in as Mayor by City Clerk Paolangeli. He was presented with his badge of office and a new gavel and name plate by former Mayor Gutenberger. OATH OF OFFICE -- ALDERPERSONS -ELECT Mayor Nichols called the newly elected and re- elected Alderpersons to the rostrum to be sworn into their respective offices: Joseph Daley Barbara Blanch John Schroeder Richard Booth Daniel Hoffman - newly elected from Second Ward and - newly elected from First Ward - newly elected from Fourth Ward - re- elected from Third Ward - re- elected from Fifth Ward The newly elected and re- elected Alderpersons took the oath of office and were sworn in by City Clerk Paolangeli. C f'1 4 January 1, 1990 ELECTION OF PERSON TO FILL 4TH WARD VACANCY Mayor Nichols entertained nominations from the floor for the election of the person to fill 4th Ward vacancy. Alderperson Booth nominated Sean Killeen. Alderperson Schroeder nominated Neil Golder. The vote for Sean Killeen was as follows: Blanchard, Romanowski, Daley, Cummings, Booth The vote for Neil Golder was as follows: Peterson, Hoffman, Schroeder, Johnson Mayor Nichols stated that because no candidate having received six votes, the election is not complete. He suggested that further ballots be cast to see if a six vote majority can be obtained. After lengthy discussion regarding the candidacy of Mr. Killeen and Mr. Golder Mayor Nichols asked for a second ballot. The vote for Sean Killeen was as follows: Blanchard, Romanowski, Daley, Cummings, Booth The vote for the Neil Golder was as follows: Johnson, Schroeder, Hoffman, Peterson Alderperson Hoffman asked Attorney Guttman if it is appropriate at the beginning of each ballot to ask for the nominations to occur again. Atty. Guttman stated that it would be technically correct. At this point the motion is to fill a vacancy. Nominations have been made and Council has voted. It is proper to re -open that motion and therefore take new nominations if the Council so wishes. Alderperson Cummings offered the name of Peggy Haine to fill the 4th Ward vacancy. She stated that Ms. Haine has previously served on Council and is willing to serve again. Alderperson Hoffman offered the name of Neil Golder. Alderperson Romanowski offered the name of Sean Killeen. The vote for Peggy Haine was as follows: Blanchard, Romanowski, Daley, Cummings The vote for Neil Golder was as follows: Johnson, Schroeder, Hoffman, Peterson The vote for Sean Killeen was as follows: Booth Temporary Ad-iournment By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That this Common Council temporarily adjourn at 12:12 p.m. for a five minute recess. Carried Unanimously k, January 1, 1990 Regular Session Common Council reconvened in Regular Session at 12:30 p.m. Mayor Nichols apologized to the public for being in recess longer than five minutes. Mayor Nichols stated that there was a real attempt on the part of Council to see if they could come to some agreement on filling the 4th Ward vacancy. It is his understanding, as of now, that it is not possible. He said that unless someone on Council (woo" wishes to move for another ballot, he will proceed with the remainder of the meeting. Tabling Motion By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the matter of an election to appoint a person to fill the vacant Fourth Ward Alderperson's seat be tabled until the meeting of Common Council on January 3, 1990. Carried Unanimously F ELECTION OF ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the C. position of Acting Mayor. r Alderperson Booth nominated Alderperson Carolyn Peterson for the position and his nomination was seconded by Alderperson Johnson. The motion carried unanimously. Alderperson Peterson took the oath of office and was sworn in by City Clerk Paolangeli. ALTERNATE ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the position of Alternate Acting Mayor. (400"', Alderperson Hoffman nominated Alderperson Romanowski and his nomination was seconded by Alderperson Blanchard. The motion carried unanimously. Alderperson Romanowski took the oath of office and was sworn in by City Clerk Paolangeli. REMARKS FROM MAYOR NICHOLS: Mayor Nichols read the following statement to Council: "As Ithaca's new Mayor I can't help but reflect on our City's history and accomplishments - -and on the many problems and opportunities that lie ahead. We are the beneficiaries of the selfless effort of the many people who over the years have given us our parks and recreational facilities, our public utilities, our public transportation, the Commons, our historic buildings, and our excellent police and fire departments. Those of us who have lived here for many years and those who have joined us more recently have found special delight in our community. Our city is the home of one of the great universities of the world -of scientists, artists, musicians, and poets. We are an inter- national community with people who are actively concerned with many movements for peace and justice in the world. We have a (600,01 proud history of people's involvement in the struggles here for social justice, civil rights, and labor. But we are also the inheritors of a city in which much of recent development has not added to our beauty or public good, in which many people, including city employees, who would like to live here cannot find homes or apartments that they can afford. In our city there are many young people who see nothing ahead but, at best, low- paying service jobs and some of them have turned to drugs and crime. The needs of many for child -care and health- care are not being met. We share in the national scandal of the homeless. fA Cj 6 January 1, 1990 Our problems, like those of other cities, are compounded by national and state tax and funding policies that have unfairly transferred the bill for meeting our needs onto the already overburdened local property taxpayers. We have the special problem that the major institution in our city is exempt from property tax. In spite of these limitations I sense in our city a widespread desire to get on with the things that need to be done -for planning and development that makes our city more attractive and accessible, that increases our stock of affordable housing while preserving green space, that improves our economic strength and offers the opportunity for good jobs, and shifts the costs of needed services to those who have the most ability to pay. In our city we have a tremendous resource of people with talents and ideas. Many who have not been fully involved in city affairs are ready to volunteer their efforts. They are people with diverse interests - housing, the physical and natural environment, the minority community, the disabled community, labor, the lesbian and gay community, and those concerned with neighborhoods. The local building trade unions are eager to be involved and are ready to use some of their large pension funds as a resource. Too often these groups have been set against each other, but I have found that they share common interests and can reach agreement. In all our planning we must solicit at an early stage the widest possible involvement of those concerned. We need more effective ways of including neighborhood groups in the generation of ideas and in the planning process. We need better ways of communicating to the public through the press, radio and television. The opportunities that lie ahead are exciting. The Northside can provide public spaces, housing, and a park for the neighborhood. The development of the sixty acres of Southwest Park can be done in a manner that meets the need for housing while being sensitive to the environment. We will continue to oppose the placement of a garbage station near that area. We can provide the structure that makes it possible to renovate existing vacant houses. In the downtown business area we can work with the private sector to renovate and expand housing and commercial space in a manner that will lead to a thriving shopping and cultural center that will be attractive and busy, both day and night. There is so much to be done that we need to think about easier and more effective ways for Council, the Mayor, and the heads of City departments to work together. In part that will mean more staff and legal assistance to Council and its committees. In part that means the willingness to meet together more often to compromise differences and get the information required before the formal Council meeting. By meeting as a Committee of the Whole we can shorten the length of Council meetings and make them more productive. During the coming month I will be sharing with you my nominations for the new Rental Housing Board and an Interim Parks Commission. I will also be forming two new study groups -one on Cornell -City relationship and one on Opportunities for Youth. I will try to improve City- County relations by bringing together Council and the City members of the Board of Representatives. On a personal note there has been much talk about whether Ithaca is a strong or weak mayor city. I don't think that is the issue. I do believe that Ithaca needs an active Mayor who can work with Council and provide the leadership and help that we need to move ahead expeditiously. There has been talk about whether Ithaca needs a City Manager. My view is that it does not -but the City needs management. I intend to work with our excellent department heads to better coordinate their activities so that we function as a team. D 0 1 t. .A 6 ail 7 January 1, 1990 On New Year's Day, 1990, I wish all of you and all the residents of the City a happy and productive year. If this is to be a new era it will require all of us to build on the achievements of the past while welcoming the new ideas and opportunities of the present. I look forward to sharing this effort with all of you. MAYOR'S APPOINTMENTS Mayor Nichols stated that he will defer the appointments that require Council's approval until the meeting on January 3, 1990, with the exception of the appointment of the Acting City Judge. Appointments not requiring approval of the Common Council Mayor Nichols made the following appointments: City Attorney City Prosecutor Planning & Development Board TV Cable Commission Examining Board of Plumbers Charles Guttman (2 year term) Richard John (2 year term) Susan Blumenthal (3 year term) Sarah Adams (3 year term) Peter Hess (3 year term) Christopher Heegard (5 year term) William McGee (3 year term) Claude Colleyacme (3 year term) Jack R. Bacon (3 year term) Mr. Guttman, Mr. John, Ms. Blumenthal, and Mr. Hess took the oath of office and were sworn in by City Clerk Paolangeli. Acting City Judge Mayor Nichols requested approval of Council for the appointment of Ms. Marjorie Z. Olds, 214 Lake Avenue to the position of Acting City Judge for a term to expire December 31, 1990. Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Marjorie Z. Olds to the position of Acting City Judge with a term to expire December 31, 1990. Carried Unanimously Ms. Olds took the oath of office and was sworn in by City Clerk Paolangeli. BUDGET AND ADMINISTRATION COMMITTEE: * 11.1 Designation of Official Depositories By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That pursuant to Section 3.7 of the City Charter, the Tompkins County Trust Company and the Norstar Bank be and they are, hereby designated as the official depositories of all City Funds for the year 1990, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME City of Ithaca General Fund Employees Group Insurance Deductions City of Ithaca Payroll Fund Guaranty and Bid Deposits City Tax Sale Redemption Health Facility Agreement Deposit on Water Meters Sale of Unclaimed Property Circle Greenway Conference on College and Community Center for Expressive Arts Employee Garnishees Peter DeWysocki Memorial Fund Cemetery Fund Fire Department Recognition Banquet Commons Cultural Tourism ACCOUNT NUMBER 01- 201 - 001004 03- 201-001004 04- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05 -201- 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05 -201- 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 West End Trees Employees Withholding for Social Security Employees N.Y.S. Withholding Tax Employees U.S. Savings Bonds Centennial Art Work N.Y.S. Policemen's and Firemen's Retirement System N.Y.S. Employees Retirement System Ithaca Centennial Inc. Capital Reserve Fund #4 - Bridges Capital Reserve Fund #11 - Parks and January 1, 1990 Firemen's Relief Fund City of Ithaca Water and Sewer Fund City of Ithaca Construction Fund Ithaca Area Wastewater Treatment Plant - Phase II 05- 201 - 001004 07 -201- 001004 08- 201 - 001004 09 -201- 001004 05 -201- 001004 11- 201 - 001004 12- 201 - 001004 01 -101- 096437 01 -201- 001055 02 -201- 001055 03- 201 - 001055 04- 201 - 001055 05 -201- 001055 06- 201 - 001055 06 -201- 001055 08- 201 - 001055 09- 201 - 001055 12- 201 - 001055 01- 101 - 082703 02- 101 - 082703 01 -101- 102046 01 -101- 099762 ACCOUNT NUMBER 267- 010001 267- 010109 267- 010842 267- 012276 Ithaca Area Wastewater Treatment Plant - Phase III 267- 365187 City Controller Caffrillo stated that the City of Ithaca requires that any banks in which the City deposits money not have investments in South Africa and he has those disclosures on file in the Controller's Office. Carried Unanimously * 11.2 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That pursuant to Section 7 -16 of the City Charter, the Ithaca Journal be, and it is, hereby designated as the official newspaper of the City of Ithaca for the year 1990. Alderperson Johnson reminded Council that the Journal continues to use glossy, non - recyclable inserts and he asked the Mayor to implore the Ithaca Journal to discontinue using those non - recyclable inserts. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That there be a further resolved to read as follows: "RESOLVED, That the Mayor is directed to request the Ithaca Journal to discontinue the use of glossy, non - recyclable inserts. Carried Unanimously 19 Recreation Areas Capital Reserve Fund #14 - Parking Areas Capital Reserve Fund #15 - Fire Engine Replacement Capital Reserve Fund #16 - Development of Water Resources Capital Reserve Fund #17 - Sewer Construction Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction Capital Reserve Fund #20 - West Hill Water and Sewer Replacement Capital Reserve Fund #22 - Bus Replacement Capital Reserve Fund #23 - Public Works Equipment Capital Reserve Fund #24 - Energy Conservation Capital Reserve Fund #25 - Capital Improvements Capital Reserve Fund #26 - Land Acqluisition Capital Reserve Fund - Joint Activity Fund NORSTAR BANK ACCOUNT NAME Firemen's Relief Fund City of Ithaca Water and Sewer Fund City of Ithaca Construction Fund Ithaca Area Wastewater Treatment Plant - Phase II 05- 201 - 001004 07 -201- 001004 08- 201 - 001004 09 -201- 001004 05 -201- 001004 11- 201 - 001004 12- 201 - 001004 01 -101- 096437 01 -201- 001055 02 -201- 001055 03- 201 - 001055 04- 201 - 001055 05 -201- 001055 06- 201 - 001055 06 -201- 001055 08- 201 - 001055 09- 201 - 001055 12- 201 - 001055 01- 101 - 082703 02- 101 - 082703 01 -101- 102046 01 -101- 099762 ACCOUNT NUMBER 267- 010001 267- 010109 267- 010842 267- 012276 Ithaca Area Wastewater Treatment Plant - Phase III 267- 365187 City Controller Caffrillo stated that the City of Ithaca requires that any banks in which the City deposits money not have investments in South Africa and he has those disclosures on file in the Controller's Office. Carried Unanimously * 11.2 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That pursuant to Section 7 -16 of the City Charter, the Ithaca Journal be, and it is, hereby designated as the official newspaper of the City of Ithaca for the year 1990. Alderperson Johnson reminded Council that the Journal continues to use glossy, non - recyclable inserts and he asked the Mayor to implore the Ithaca Journal to discontinue using those non - recyclable inserts. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That there be a further resolved to read as follows: "RESOLVED, That the Mayor is directed to request the Ithaca Journal to discontinue the use of glossy, non - recyclable inserts. Carried Unanimously 19 9 January 1, 1990 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 11.3 Collateral to Secure Deposits By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Norstar Bank as reported, be approved as to form and sufficiency. Carried Unanimously * 11.4 Public Employee's Blanket Bond By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That pursuant to Section 11 of the Public Officer's Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1990. ' Faithful Performance Blanket $250,000 Royal Globe Bond Coverage Insurance Co. Carried Unanimously * 11.5 Designation of Common Council Meetings By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the regular meetings of the Common Council, for the year 1990, be held at 7:00 p.m., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York. Carried Unanimously * 11.6 Extension for Purchase of the City Hall Annex Building By Alderperson Booth: Seconded by Alderperson Cummings: RESOLVED, That notice be duly published of the following modifications of the City Hall Annex contract in accord with applicable Charter and Code provisions: 1. That the contract for the sale of the City Hall Annex be extended, and 2. That this extension be granted upon the further condition that the buyer agree that the liquidated damages provision of the contract be modified so as to provide for the payment of $70.00 per day, guaranteed, from June 8, 1989 through either the March 31, 1990 deadline, the date of closing if prior to such deadline, or sooner if notified by the perspective purchaser that the sale will not occur. Carried Unanimously Mayor Nichols introduced the Burns Sisters who sang "This Land is My Land" and "We Will Not Bow Down ". Adjournment O a motion the _meeting adjourned at 2:05 p. . Callista F. Paolangeli,17 Benjamin Nichols City Clerk Mayor 2 January 1, 1990 and the City in developing a consensus of the future for the fire fighting activities in the Town and the City. Those were not easy meetings and they have not been easy years and Mayor Gutenberger stated his heartfelt gratitude and continued good luck and success to Alderperson Killeen. Mayor Gutenberger thanked Alderperson Schlather for all his hard work and friendship over the years. He stated that he thinks that Alderperson Schlather has truly been the conscience of this Common Council. He stated that for all the fine work that Alderperson Schlather has done, and for the very difficult role as Chair of the Budget and Administration Committee during his administration, there are really no words of gratitude that he could express. Alderperson Romanowski then presented Alderperson Schlather a pin that read " #1 Budget Maker" in recognition of his hard work as Chair of the Budget and Administration Committee; a large bag of popcorn to commemorate all the late night meetings and stops at the "Ritz ", and a caricature of Alderperson Schlather, done by Joseph Patterson which says "Metamorphosis - from Peace, Love and Toenails to Esquire, Politician and Budget Person Super ". Alderperson Cummings presented Alderperson Lytel with several gifts, including 2 cigars for those smoke filled rooms he will encounter in Europe, a beret with an antenna and a cable hook -up so he can keep up with the communications field, and a leather folder to hold the papers that he will be working on while in Paris. Alderperson Hoffman presented to Alderperson Killeen a lifetime supply of imported toothpicks to replace the twisted and mangled paper clips in his desk drawer and a Play School Trolley car, which reads on the side "The Sean Killeen commemorative East Hill Trolley ", on the front "Common Council Express ", the rules of the trolley, and on the back 118 years of service 1982 -1989 Ithaca Common Council ". Alderperson Hoffman said that the trolley is given to Alderperson Killeen as a symbol to correspond with Alderperson Killeen's attributes. He further remarked that this trolley, like Sean, serves the people very humbly, it is durable, it promotes business and tourism and although the trolley is now gone from Ithaca it may very well come back someday. Alderperson Johnson presented Mayor Gutenberger with a timer which shows 5 minutes, 4 minutes, and 3 minutes so that Mayor Gutenberger has some flexibility and he is no longer locked into saying people can only talk for 3 minutes. He stated that in having served with Mayor Gutenberger on the Third Ward Democratic Committee, he knows that sometimes the Mayor has felt like there were a lot of people that didn't really understand him and what his motives were and that some people exist just to annoy him. He presented Mayor Gutenberger with a card that read, "Some people exist just to annoy me." Alderperson Johnson also presented a poster of Ithaca to the Mayor. Alderperson Booth stated that in regard to the Ithaca poster, some people do not understand Mayor Gutenberger's insistence that a baling station be located in Ithaca. He said that he has been one of the Mayor's allies in that particular fight and has tried to explain to people that Mayor Gutenberger sees Ithaca about as big as the whole world, therefore there have been no limitations as far as the Mayor was concerned. Alderperson Booth presented to Mayor Gutenberger a sign that expresses the Council's sentiments about him as he leaves office. The sign read, "Nobody notices what I do until I don't do it ". Alderperson Booth further stated that on a more serious note, he thinks it is clear, not only to those persons who sit on Council, but to the people of the City of Ithaca, that a Mayor is retiring who has provided this City with many services that are W_ 1 January 1, 1990 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 12:00 Noon January 1, 1990 PRESENT: Mayor Gutenberger Mayor -Elect - Nichols Alderpersons (10) - Booth, Cummings, Hoffman, Killeen, Lytel, Peterson, Johnson, Romanowski, Schlather Alderpersons -Elect (3) - Blanchard, Daley, Schroeder OTHERS PRESENT• City Clerk - Paolangeli City Controller - Cafferillo Deputy City Clerk - Boyles Police Chief - McEwen Fire Chief - Olmstead 1 PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to r; the American flag. ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of Item 11.6, Resolution of Extension for Purchase of City Hall Annex. No Council member objected. DISMISSAL OF OUTGOING COUNCIL: Mayor Gutenberger commended the Council for their accomplishments (awe, of the past years and commented that he is proud to have served and worked with them. He further noted that we have three members of Common Council who have served this community for many years and will not be returning and wished to pay tribute to them. He extended to Alderperson Lytel his very best and heartiest good wishes for his studies in France. He commented that Alderperson Lytel has been a very active member of his administration and he appreciates his efforts on the issues of housing and the special care that he has taken in relation to the City with Southside. Alderperson Lytel stated that since this is his last Council meeting he wished to make a presentation to the other outgoing members. He stated that he tried very hard to think of an appropriate gift for this colleagues and he believed he had come up with something the outgoing members have always wanted. He decided to give them something that all the alderpersons have been fighting over for at least the four years he has been on Council. He presented Alderpersons Killeen and Schlather and outgoing Mayor Gutenberger with a tile from the floor of Council with appropriate inscriptions. Mayor Gutenberger stated that as soon as the crowd clears they will be checking to see if it is truly the Council floor. Mayor Gutenberger then thanked Alderperson Killeen for his services to the community. He stated that Alderperson Killeen took on a lot of special assignments for him, not the least of which was his duties as Acting Mayor. He commented that Alderperson Killeen has been very active, especially in the areas of Senior Citizens' and related activities of those in our community who are elderly. He stated that for many years Alderperson Killeen was Chair of the Fire Master Planning Committee and continued on in that role and worked with the Town Yy e 4 January 1, 1990 ELECTION OF PERSON TO FILL 4TH WARD VACANCY Mayor Nichols entertained nominations from the floor for the election of the person to fill 4th Ward vacancy. Alderperson Booth nominated Sean Killeen. Alderperson Schroeder nominated Neil Golder. The vote for Sean Killeen was as follows: Blanchard, Romanowski, Daley, Cummings, Booth The vote for Neil Golder was as follows: Peterson, Hoffman, Schroeder, Johnson Mayor Nichols stated that because no candidate having received six votes, the election is not complete. He suggested that further ballots be cast to see if a six vote majority can be obtained. After lengthy discussion regarding the candidacy of Mr. Killeen and Mr. Golder Mayor Nichols asked for a second ballot. The vote for Sean Killeen was as follows: Blanchard, Romanowski, Daley, Cummings, Booth The vote for the Neil Golder was as follows: Johnson, Schroeder, Hoffman, Peterson Alderperson Hoffman asked Attorney Guttman if it is appropriate at the beginning of each ballot to ask for the nominations to occur again. Atty. Guttman stated that it would be technically correct. At this point the motion is to fill a vacancy. Nominations have been made and Council has voted. It is proper to re -open that motion and therefore take new nominations if the Council so wishes. Alderperson Cummings offered the name of Peggy Haine to fill the 4th Ward vacancy. She stated that Ms. Haine has previously served on Council and is willing to serve again. Alderperson Hoffman offered the name of Neil Golder. Alderperson Romanowski offered the name of Sean Killeen. The vote for Peggy Haine was as follows: Blanchard, Romanowski, Daley, Cummings The vote for Neil Golder was as follows: Johnson, Schroeder, Hoffman, Peterson The vote for Sean Killeen was as follows: Booth Temporary Adjournment By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That this Common Council temporarily adjourn at 12:12 p.m. for a five minute recess. Carried Unanimously 3 January 1, 1990 well beyond mentioning in a brief time. He stated that Mayor Gutenberger has led the Council and served the Council with extraordinary dedication. He has kept ten, sometimes raucous individuals together and coming to meetings, he has been dedicated to process and insisted that decisions be made in the right way and dedicated to making sure that Ithaca dealt well and fairly with communities around us and that they dealt with us in the same way. (400, Alderperson Booth went on to say that Mayor Gutenberger has been dedicated above all else to the notion of Ithaca as a 'special place'. He said that the highest accolade that could be made to Mayor Gutenberger is that he has seen public service as enormously important and he has dedicated his life to that. He presented a colored picture of Ithaca Falls to Mayor Gutenberger from the Council. Alderperson Schlather thanked everyone for the good wishes and the sentiment. He stated that what impresses him about this group and our system is that it in fact works. What is important is that as each of us come forward and we swear to uphold the law, we are not doing anything unique in this country - we are simply joining a parade of common citizens throughout this country who at this time of year pass before their local 4A.. legislators and assume a mantle of responsibility to the law that is greater than any one of us as individuals. Alderperson Schlather stated he wished to leave the Council with a thought about our Bill of Rights because the Bill of Rights essentially tempers this great democracy. The Bill of Rights speaks to us of our individual rights, it recognizes that it is not always the majority rules. That in fact there is this thing called the right of privacy. There is a quote that he thought was especially apropos that reads: "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter, but the King of England cannot enter. All his force dares not cross the threshold of the ruined tenement." Mayor Gutenberger thanked Common Council and remarked that it has been an honor and a privilege to serve with this Council and to serve this great community. He then officially excused the three outgoing Council people. OATH OF OFFICE - MAYOR NICHOLS Mayor Nichols took the oath of office and was sworn in as Mayor by City Clerk Paolangeli. He was presented with his badge of office and a new gavel and name plate by former Mayor Gutenberger. OATH OF OFFICE -- ALDERPERSONS -ELECT Mayor Nichols called the newly elected and re- elected Alderpersons to the rostrum to be sworn into their respective offices: QW, Joseph Daley Barbara Blanch; John Schroeder Richard Booth Daniel Hoffman - newly elected from Second Ward and - newly elected from First Ward - newly elected from Fourth Ward - re- elected from Third Ward - re- elected from Fifth Ward The newly elected and re- elected Alderpersons took the oath of office and were sworn in by City Clerk Paolangeli. I� �l 6 January 1, 1990 Our problems, like those of other cities, are compounded by national and state tax and funding policies that have unfairly transferred the bill for meeting our needs onto the already overburdened local property taxpayers. We have the special problem that the major institution in our city is exempt from property tax. In spite of these limitations I sense in our city a widespread desire to get on with the things that need to be done -for planning and development that makes our city more attractive and accessible, that increases our stock of affordable housing while preserving green space, that improves our economic strength and offers the opportunity for good jobs, and shifts the costs of needed services to those who have the most ability to pay. In our city we have a tremendous resource of people with talents and ideas. Many who have not been fully involved in city affairs are ready to volunteer their efforts. They are people with diverse interests - housing, the physical and natural environment, the minority community, the disabled community, labor, the lesbian and gay community, and those concerned with neighborhoods. The local building trade unions are eager to be involved and are ready to use some of their large pension funds as a resource. Too often these groups have been set against each other, but I have found that they share common interests and can reach agreement. In all our planning we must solicit at an early stage the widest possible involvement of those concerned. We need more effective ways of including neighborhood groups in the generation of ideas and in the planning process. We need better ways of communicating to the public through the press, radio and television. The opportunities that lie ahead are exciting. The Northside can provide public spaces, housing, and a park for the neighborhood. The development of the sixty acres of Southwest Park can be done in a manner that meets the need for housing while being sensitive to the environment. We will continue to oppose the placement of a garbage station near that area. We can provide the structure that makes it possible to renovate existing vacant houses. In the downtown business area we can work with the private sector to renovate and expand housing and commercial space in a manner that will lead to a thriving shopping and cultural center that will be attractive and busy, both day and night. There is so much to be done that we need to think about easier and more effective ways for Council, the Mayor, and the heads of City departments to work together. In part that will mean more staff and legal assistance to Council and its committees. In part that means the willingness to meet together more often to compromise differences and get the information required before the formal Council meeting. By meeting as a Committee of the Whole we can shorten the length of Council meetings and make them more productive. During the coming month I will be sharing with you my nominations for the new Rental Housing Board and an Interim Parks Commission. I will also be forming two new study groups -one on Cornell -City relationship and one on Opportunities for Youth. I will try to improve City- County relations by bringing together Council and the City members of the Board of Representatives. On a personal note there has been much talk about whether Ithaca is a strong or weak mayor city. I don't think that is the issue. I do believe that Ithaca needs an active Mayor who can work with Council and provide the leadership and help that we need to move ahead expeditiously. There has been talk about whether Ithaca needs a City Manager. My view is that it does not -but the City needs management. I intend to work with our excellent department heads to better coordinate their activities so that we function as a team. 5 January 1, 1990 Regular. Session Common Council reconvened in Regular Session at 12:30 p.m. Mayor Nichols apologized to the public for being in recess longer than five minutes. Mayor Nichols stated that there was a real attempt on the part of Council to see if they could come to some agreement on filling the 4th Ward vacancy. It is his understanding, as of now, that it is not possible. He said that unless someone on Council wishes to move for another ballot, he will proceed with the remainder of the meeting. Tabling Motion By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the matter of an election to appoint a person to fill the vacant Fourth Ward Alderperson's seat be tabled until the meeting of Common Council on January 3, 1Carried Unanimously c i ELECTION OF ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the position of Acting Mayor. Alderperson Booth nominated Alderperson Carolyn Peterson for the position and his nomination was seconded by Alderperson Johnson. The motion carried unanimously. Alderperson Peterson took the oath of office and was sworn in by City Clerk Paolangeli. ALTERNATE ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the position of Alternate Acting Mayor. Alderperson Hoffman nominated Alderperson Romanowski and his nomination was seconded by Alderperson Blanchard. The motion carried unanimously. Alderperson Romanowski took the oath of office and was sworn in by City Clerk Paolangeli. REMARKS FROM MAYOR NICHOLS: Mayor Nichols read the following statement to Council: "As Ithaca's new Mayor I can't help but reflect on our City's history and accomplishments - -and on the many problems and opportunities that lie ahead. We are the beneficiaries of the selfless effort of the many people who over the years have given us our parks and recreational facilities, our public utilities, our public transportation, the Commons, our historic buildings, and our excellent police and fire departments. Those of us who have lived here for many years and those who have joined us more recently have found special delight in our community. Our city is the home of one of the great universities of the world -of scientists, artists, musicians, and poets. We are an inter- national community with people who are actively concerned with many movements for peace and justice in the world. We have a proud history of people's involvement in the struggles here for social justice, civil rights, and labor. But we are also the inheritors of a city in which much of recent development has not added to our beauty or public good, in which many people, including city employees, who would like to live here cannot find homes or apartments that they can afford. In our city there are many young people who see nothing ahead but, at best, low- paying service jobs and some of them have turned to drugs and crime. The needs of many for child -care and health- care are not being met. We share in the national scandal of the homeless. West End Trees Employees Withholding for Social Security Employees N.Y.S. Withholding Tax Employees U.S. Savings Bonds Centennial Art Work N.Y.S. Policemen's and Firemen's Retirement System N.Y.S. Employees Retirement System Ithaca Centennial Inc. Capital Reserve Fund #4 - Bridges Capital Reserve Fund #11 - Parks and January 1, 1990 Recreation Areas Capital Reserve Fund #14 - Parking Areas Capital Reserve Fund #15 - Fire Engine Replacement Capital Reserve Fund #16 - Development of Water Resources Capital Reserve Fund #17 - Sewer Construction Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction Capital Reserve Fund #20 - West Hill Water and Sewer Replacement Capital Reserve Fund #22 - Bus Replacement Capital Reserve Fund #23 - Public Works Equipment Capital Reserve Fund #24 - Energy Conservation Capital Reserve Fund #25 - Capital Improvements Capital Reserve Fund #26 - Land Acqluisition Capital Reserve Fund - Joint Activity Fund NORSTAR BANK ACCOUNT NAME Firemen's Relief Fund City of Ithaca Water and Sewer Fund City of Ithaca Construction Fund Ithaca Area Wastewater Treatment Plant - Phase II Ithaca Area Wastewater Treatment Plant - Phase III 05 -201- 001004 07- 201 - 001004 08 -201- 001004 09 -201- 001004 05- 201 - 001004 11 -201- 001004 12 -201- 001004 01- 101 - 096437 01- 201 - 001055 02- 201 - 001055 03 -201- 001055 04- 201 - 001055 05- 201 - 001055 06 -201- 001055 06- 201 - 001055 08- 201 - 001055 09 -201- 001055 12- 201 - 001055 01- 101 - 082703 02- 101 - 082703 01- 101 - 102046 01 -101- 099762 ACCOUNT NUMBER 267- 010001 267- 010109 267 - 010842 267- 012276 267 - 365187 City Controller Caffrillo stated that the City of Ithaca requires that any banks in which the City deposits money not have investments in South Africa and he has those disclosures on file in the Controller's Office. Carried Unanimously * 11.2 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That pursuant to Section 7 -16 of the City Charter, the Ithaca Journal be, and it is, hereby designated as the official newspaper of the City of Ithaca for the year 1990. Alderperson Johnson reminded Council that the Journal continues to use glossy, non - recyclable inserts and he asked the Mayor to implore the Ithaca Journal to discontinue using those non - recyclable inserts. Amendinq Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That there be a further resolved to read as follows: "RESOLVED, That the Mayor is directed to request the Ithaca Journal to discontinue the use of glossy, non - recyclable inserts. Carried Unanimously D io 7 January 1, 1990 On New Year's Day, 1990, I wish all of you and all the residents of the City a happy and productive year. If this is to be a new era it will require all of us to build on the achievements of the past while welcoming the new ideas and opportunities of the present. I look forward to sharing this effort with all of you. MAYOR'S APPOINTMENTS Mayor Nichols stated that he will defer the appointments that require Council's approval until the meeting on January 3, 1990, with the exception of the appointment of the Acting City Judge. Appointments not requiring approval of the Common Council Mayor Nichols made the following appointments: City Attorney City Prosecutor Planning & Development Board TV Cable Commission Examining Board of Plumbers Charles Guttman (2 year term) Richard John (2 year term) Susan Blumenthal (3 year term) Sarah Adams (3 year term) Peter Hess (3 year term) Christopher Heegard (5 year term) William McGee (3 year term) Claude Colleyacme (3 year term) Jack R. Bacon (3 year term) Mr. Guttman, Mr. John, Ms. Blumenthal, and Mr. Hess took the oath of office and were sworn in by City Clerk Paolangeli. Acting City Judge Mayor Nichols requested approval of Council for the appointment of Ms. Marjorie Z. Olds, 214 Lake Avenue to the position of Acting City Judge for a term to expire December 31, 1990. Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Marjorie Z. Olds to the position of Acting City Judge with a term to expire December 31, 1990. Carried Unanimously Ms. Olds took the oath of office and was sworn in by City Clerk Paolangeli. BUDGET AND ADMINISTRATION COMMITTEE: * 11.1 Designation of Official Depositories By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That pursuant to Section 3.7 of the City Charter, the Tompkins County Trust Company and the Norstar Bank be and they are, hereby designated as the official depositories of all City Funds for the year 1990, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME City of Ithaca General Fund Employees Group Insurance Deductions City of Ithaca Payroll Fund Guaranty and Bid Deposits City Tax Sale Redemption Health Facility Agreement Deposit on Water Meters Sale of Unclaimed Property Circle Greenway Conference on College and Community Center for Expressive Arts Employee Garnishees Peter DeWysocki Memorial Fund Cemetery Fund Fire Department Recognition Banquet Commons Cultural Tourism ACCOUNT NUMBER 01- 201 - 001004 03- 201 - 001004 04 -201- 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05 -201- 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004