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HomeMy WebLinkAboutMN-CC-1990-02-0711rd 3 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. February 7, 1990 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Cummings, Johnson, Blanchard, Hoffman, Daley, Schroeder, Peterson, Golder, (Wwoov Romanowski OTHERS PRESENT: City Attorney - Guttman Deputy City Controller - Thayer City Clerk - Paolangeli Planning and Development Director - Van Cort Planning and Development Deputy Director - Mazzarella Deputy Police Chief - Ecklund Personnel Administrator - Walker Building Commissioner - Datz Fire Chief - Olmstead ;3 Assistant Superintendent of Public Works - Fabbroni _.Y Superintendent of Public Works - Thadani City Chamberlain - Parsons Youth Bureau Director - Cohen Historic Preservation /Neighborhood Planner - Chatterton Board of Public Works Commissioner - Reeves City Engineer - Gray PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the January 1, 1990 Special Common Council Meeting By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That the Minutes of the January 1, 1990 Special Common Council meeting be approved as published. Carried Unanimously Minutes of the January 3, 1990 Common Council Meeting Alderperson Schroeder requested that on Page 3, under the heading of 'Examining Board of Electricians' the word "Unanimously" be deleted after the word "Carried ". Alderperson Schroeder requested that on Page 30, under the heading of 'Finger Lakes Association Agreement', the vote should read "Carried." The following alderpersons should be recorded as voting Nay: Blanchard, Hoffman, and Daley. Approval of Minutes of the January 3, 1990 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Minutes of the January 3, 1990 Common Council meeting be approved as corrected. Carried Unanimously Approval of the Minutes of the January 17, 1990 Special Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the Minutes of the January 17, 1990 Special Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Alderperson Cummings requested a discussion on the new seating arrangement for the Common Council. 324 2 February 7, 1990 Alderperson Hoffman requested the designation of an appointee to the advisory committee for the Central Processing Facility. No Council member objected. Mayor Nichols requested a discussion regarding the question of the formation of a Substance Abuse Council. No Council member objected. Human Services Alderperson Johnson requested the addition of Item 14.3, a report on the Homeless Task Force. No Council member objected. MAYOR'S APPOINTMENTS Rental Housing Commission Mayor Nichols requested Common Council approval for the following appointments to the Rental Housing Commission: Dennis Wille (1st Ward) 201 Third Street (3 year term) John Efroymson (2nd Ward) 420 North Cayuga Street (3 year term) Pierre Clavel (3rd Ward) 109 Cornell Street (2 year term) William Kandel (4th Ward) 705 East Seneca Street (1 year Stephanie Fried (5th Ward) Carol Mallison (non - profit agency) Arlene Richardson (non - profit agency) John Schroeder (Council) Mark Finkelstein (Landlord) term) 202 University Avenue (1 year term) 1006 North Aurora Street (3 year term) 109 North Cayuga Street (2 year term) 618 Stewart Avenue (2 year term) 210 Lake Street (1 year term) Resolution By Alderperson Daley: Seconded by Alderperson Booth RESOLVED, That this Common Council approves the appointments to the Rental Housing Commission with the terms as shown above. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Nichols requested approval of Common Council for the re- appointment of Martha Preston, 636 Hudson Street and Alexander G. Skutt, 908 Steam Mill Road to the Ithaca Landmarks Preservation Commission with terms to expire on December 31, 1992. Resolution By Alderperson Daley: Seconded by RESOLVED, That this Common Council Martha Preston and Alexander G. Preservation Commission with terms Commons Advisory Board Alderperson Cummings approves the re- appointment of Skutt to the Ithaca Landmarks to expire December 31, 1992. Carried Unanimously Mayor Nichols requested Common Council approval for the re- appointment of Charles Schlough, 115 South Cayuga Street and Peggy Underwood, 1107 Triphammer Road to the Commons Advisory Board with terms to expire December 31, 1991. Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That this Common Council approves the re- appointment of Charles Schlough and Peggy Underwood to the Commons Advisory Board with terms to expire December 31, 1991. Carried Unanimously February 7, 1990 Board of Zoning Appeals Mayor Nichols requested approval of Common Council for the appointment of Barry Strauss, 108 King Street to the Board of Zoning Appeals with a term to expire December 31, 1992. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves the appointment of Barry Strauss to the Board of Zoning Appeals with a term to expire December 31, 1992. Carried Unanimously City Judge Mayor Nichols explained to Council that the City Attorney has had correspondence from the State regarding the appointment of Marjorie Olds as Acting City Judge. It appears that according to State Laww Ms. Old's appointment should have been for six years, expiring December 31, 1995 and her appointment should have been to City Judge rather than Acting City Judge. In order to comply �..� with State Law Alderperson Schroeder proposed the following 6S resolution: Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That this Council approves the appointment of Marjorie Olds to the position of City Judge with a term to expire on December 31, 1995. Discussion followed with City Attorney Guttman answering questions from Council members. Motion to Defer By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That the matter of appointing Marjorie Olds as City Judge for a six year term be deferred for consideration until later in the meeting when City Attorney Guttman can supply needed information as to status. Carried Unanimously Liaison Appointments Mayor Nichols reported that he has made the following liaison appointments: Neil Golder - R.S.V.P. (to replace John Schroeder) Neil Golder - Shade Tree Commission At the request of Common Council Mayor Nichols agreed to serve as liaison to the TV Cable Commission. COMMUNICATIONS• State Marina Issue Mayor Nichols reported that he will duplicate and distribute letters to the alderpersons that he has received regarding the State Marina issue. Resolution on Pro - Choice Mayor Nichols handed out to the public copies of the pro- choice resolution. Mayor Nichols stated that at this time he would ask the persons who wished to speak on the issue of the pro- choice resolution to come forward. He stated that he is limiting the public portion of this discussion to one hour and he asked that there be no more than ten speakers for and ten speakers against the resolution. He further stated that he will limit each speaker to three minutes. 4 February 7, 1990 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Resolution on Pro - Choice The following persons spoke in support of the resolution: Patricia Kelly Shelley Drazen Joanna Ellington Steven M. Zambrzyak Mary Brown Janette Hillis Anna Brody Sharon Heller Michelle Healy Charles Fitch 409 College Avenue #409 118 East Falls Street 586 Snyder Hill Road 307A Sheldon Court 206 Farm Street 516 East Buffalo Street 221 South Geneva Street 758 Ringwood Road 108 Schuyler Place 484 Auburn Road, Lansing The following persons spoke against the resolution: Richard Kinch Charles Smith Dennis George Mark L. Smith Jessica Mary Buck Katie Briggs Mike Petrisin Ray Crognale Laurie Petrisin Edwin Foulks, Jr. 611 Mitchell Street Alpine, New York Dryden, New York Hayts Corners, New York Trumansburg, New York Hayts Road Trumansburg, New York Freeville, New York Trumansburg, New York Lisle, New York HUMAN SERVICES COMMITTEE: *14.1 Reproductive Choice By Alderperson Johnson: Seconded by Alderperson Cummings WHEREAS, it is the responsibility of government to protect the right of individual privacy; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges elected officials at all levels of government to continue to support the current New York State laws regarding the legality and availability of abortion for all citizens, and be it further RESOLVED, That we urge schools and other appropriate agencies to increase public education regarding family planning and birth control. Discussion followed with remarks by Alderpersons Johnson and Cummings. Substitute Resolution By Alderperson Romanowski: Seconded by Alderperson Blanchard WHEREAS, it is the responsibility of government to protect the right of individual privacy; now, therefore, be it RESOLVED, That a majority of the Common Council of the City of Ithaca, while recognizing the great divergence of opinion within the community, urges elected officials at all levels of government to continue to support the current New York State laws regarding the legality and availability of all options available for crisis pregnancies, and, be it further RESOLVED, That we urge schools and other appropriate agencies to increase public education regarding family planning, and all methods of birth control including abstinence." Discussion followed by Alderpersons Schroeder and Golder regarding the substitute resolution. 5 February 7, 1990 A vote on the substitute resolution resulted as follows: Ayes (1) - Romanowski Nays (9) - Blanchard, Booth, Johnson, Cummings, Daley, Schroeder, Golder, Hoffman, Peterson Motion Fails Extended discussion on the Main Motion followed with all members including the Mayor participating. Motion to Table By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the reproductive choice resolution be tabled. Ayes (4) - Booth, Romanowski, Hoffman, Blanchard Nays (6) - Johnson, Schroeder, Golder, Daley, Cummings, Peterson Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the first Resolved read as follows: "That the +� Common Council of the City of Ithaca urges the State Legislature (.� and the Governor to continue to support the current New York State laws regarding the legality and availability of abortion for all citizens ". Discussion followed regarding the amending resolution. A vote on the amending resolution resulted as follows: Ayes (2) - Booth, Romanowski Nays (8) - Johnson, Cummings, Daley, Schroeder, Hoffman, Peterson, Golder, Blanchard Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Booth, Johnson, Cummings, Daley, Schroeder, Peterson, Hoffman, Golder Nays (2) - Romanowski, Blanchard Carried Recess Common Council recessed at 9:05 p.m. and reconvened in regular session at 9:17 p.m. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: (continued) Tag System for Trash Disposal Guy Gerard reported that he has been in touch with other counties that have tried the tag system for trash disposal. He stated that he has been told that the system will not work in a community like Ithaca. He asked that the Council consider other methods for raising revenue rather than the tag system that is in place now. RESPONSE TO THE PUBLIC: we Tag System for Trash Disposal Alderperson Blanchard stated that the Board of Public Works has had a good deal of discussion about the tag system and it was supported at the Board level, acknowledging that there will be problems with the system. CITY ATTORNEY'S REPORT: No. 5 Fire Station Sale City Attorney Guttman reported Station was completed on January that the sale of No. 5 Fire 5, 1990. 328 6 February 7, 1990 Notices of Claim City Attorney Guttman reported that there have been three notices of claim filed against the city. They are in the process of being reviewed and adjusted by the insurance company. Jason Fane Lawsuit City Attorney Guttman reported that Mr. Fane, to date, has not appealed the decision of the Court in this lawsuit. HUMAN SERVICES COMMITTEE: * 14.2 City /GIAC Contract By Alderperson Johnson: Seconded by Alderperson Daley THIS AGREEMENT is made the of 19 between the CITY OF ITHACA and its YOUTH BUREAU and the GREATER ITHACA ACTIVITIES CENTER, hereinafter referred to as "GIAC." WHEREAS, GIAC, a not -for- profit corporation was formed for the purpose of providing a wide variety of educational and recreational and human service programs for the greater Ithaca community, and WHEREAS, the Youth Bureau is the agency of the City of Ithaca formed for the purpose of operating and maintaining recreational and youth service programs for the community, and WHEREAS, the City of Ithaca purchased the former Central School building at 318 North Albany Street, Ithaca, hereinafter referred to as "GIAC building ", for the purpose of continuing to house recreation, youth service, and other community programs, and WHEREAS, the Board of Directors of GIAC and the City of Ithaca and its Youth Bureau share the common objectives of jointly providing these services to the community; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. The City of Ithaca and its Youth Bureau are: a. to be the employer of record of GIAC employees, including the coordinator, abiding by Civil Service rules and any applicable Union contract, issuing pay checks, and maintaining appropriate City benefits; b. to operate and maintain the GIAC building; C. to continue representation on the Board of Directors of GIAC as called for in the Constitution of that organization; d. to accept an assignment of all fees or rental income due GIAC, by reason of any contracts or agreements, or rents concerning the use of the GIAC building. All such sums shall be applied against the sums GIAC agrees to pay the City of Ithaca under Paragraph 2c of this Agreement. The Board of Public Works shall review all contracts for rental income from use of GIAC building; e. to be responsible for handling all operating income and payment of bills, including salaries of employees, in connection with the operation of the GIAC building through normal procedures of the City of Ithaca; f. to meet major facility maintenance and renovation needs of the GIAC building; g. to continue the GIAC building's use as a multi - purpose and multi - cultural center. 32e/ 7 February 7, 1990 2. The GIAC Board is: a. to establish policy for the operation of GIAC programs, and to work with the Center Coordinators and Youth Bureau Director in the implementation of the programs. b. to contribute toward annual operations all sums received from the United Way and the New York State Division for Youth, and any other major revenue sources; C. to assign and transfer to the City of Ithaca, all of its rights, title, and interest in and to any and all fees or rental income now due or to become due GIAC by reason of any contracts or agreements which make reference to or concern the use of the facility; d. to continue to solicit funds from the United Way Board and other sources; e. to have a representative of the GIAC Board on the Youth Bureau Board of Advisors; f. to set the fees and dues structure for GIAC activities; 9. to set policies for the use of the GIAC building, assignment of space, and rental contracts which shall be consistent with city policies; h. to prepare and submit annually to the City through City processes, a proposed budget including recommendations for staffing levels. 3. The City of Ithaca and its Youth Bureau and the GIAC jointly are: a. to select, hire and discipline the Coordinator, consistent with the provisions of 1(A). b. to operate, administer, and maintain recreation, youth service, multi - cultural, and other community programs in the GIAC building. C. to plan major capital improvement projects involving the GIAC building and grounds, taking into account program continuity. d. to share full use and enjoyment of all equipment owned and controlled by both parties necessary to the operation of the programs. In the event of the termination of this agreement, all equipment purchased by GIAC with non -City funds will remain with GIAC. (All other equipment will remain with the City.) e. to carry out the program as approved in the budget for the budget year. Any changes desired to be made by either the City of Ithaca or GIAC must be approved by both the City of Ithaca and GIAC. 4. Nothing in the agreement between the Greater Ithaca Activities Center and the City of Ithaca shall be construed to limit the Youth Bureau's mandated obligation to review all expenditures of the Greater Ithaca Activities Center relating to City of Ithaca Funds. 5. This agreement shall be effective until December 31, 1990 and shall automatically be renewed annually thereafter unless either party notifies the other in writing of an intention to terminate six months prior to December 31 of that year. 330 6. The parties hereto agree governmental regulations and the premises as described. February 7, 1990 to comply with all laws, rules applicable to the use of 7. The parties may at any time modify this contract by mutual consent. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That paragraph 3a read as follows: "to select, hire, and supervise the Coordinator, etc." Discussion followed on the floor. A vote on the amending resolution resulted as follows: Aye (1) - Johnson Nays (9) - Cummings, Daley, Peterson, Hoffman, Romanowski, Schroeder, Golder, Booth, Blanchard Motion Fails Amending Resolution By Alderperson Cummings: Seconded by Alderperson Romanowski RESOLVED, That paragraph 2g be moved to paragraph 3f in its entirety. Discussion followed on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (3) - Cummings, Romanowski, Booth Nays (7) - Daley, Hoffman, Blanchard, Johnson, Golder, Schroeder, Peterson Motion Fails Further discussion followed on the floor on the Main Motion. Alderperson Booth requested that the record reflect that in regard to paragraph la, which refers to the City of Ithaca and the Youth Bureau being the employer of record, that this includes disciplining, managing, supervising and all the things that are involved with city employees. Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Blanchard, Cummings, Johnson, Daley, Booth, Golder, Schroeder, Peterson, Hoffman Nay (1) - Romanowski Carried Homelessness Report Alderperson Johnson reported that the Red Cross is applying for grants to provide shelter to about the same population that Southside has been providing shelter for over the past year. Alderperson Johnson explained that the shelter would be in the building behind the Red Cross Court Street residence which is in litigation with the Board of Zoning Appeals. The Red Cross is attempting to modify the carriage house so that it could house five single units that would be appropriate for individuals who take advantage of the services that are now available at the Southside Shelter. 9 February 7, 1990 PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 NYSCA Grant Application By Alderperson Hoffman: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca's Common Council is committed to the development of a central business district that is the center for regional business, government, cultural and social activities, and WHEREAS, the Common Council recognizes the importance of quality urban design in the development of a central business district that can remain competitive with other activity centers, and WHEREAS, an urban design plan is needed to provide a rational basis for future land use and development decisions, to educate the public about the benefits of urban design and to provide an impetus for enhancement to the quality of the urban environment; now, therefore, be it d RESOLVED, that this Common Council does hereby authorize and direct the Mayor and the Planning and Development staff to prepare and submit an application for funding for an urban design -�� plan for Ithaca's Central Business District to the New York State Council on the Arts. f4i •� Alderperson Hoffman gave background information on the resolution and discussion followed on the floor with Planning and Development Director Van Cort and Deputy Director Mazzarella answering questions from Council members. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Blanchard RESOLVED, That in the Resolved paragraph, the words for up to $20,000 be added after the words "submit an application..." Discussion followed on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (7) - Booth, Hoffman, Cummings, Peterson, Romanowski, Johnson, Blanchard Nays (3) - Schroeder, Golder, Daley Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Romanowski, Hoffman, Peterson, Blanchard, Daley, Johnson, Golder, Schroeder, Cummings Nay (1) - Booth Carried * 15.2 Central Business District Building Height - Call for Public Hearing By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED AMENDMENT TO ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, that Ordinance 90- , titled "Ordinance Amending the District Regulations Chart, Sec. 30.25, of Chapter 30, "Zoning ", of the City of Ithaca Municipal Code" be, and it hereby is, introduced before the Common Council of the City of Ithaca, NY, and be it further RESOLVED, that the Common Council shall hold a public hearing on the matter of adoption of the aforesaid ordinance, to be held in the Council Chamber, City Hall, 108 E. Green St., Ithaca, NY on Wednesday the 7th of March, 1990 at 7:00 p.m., and be it further .y: 332 10 February 7, 1990 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 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 to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for their report thereon. ORDINANCE 90- AN ORDINANCE AMENDING THE DISTRICT REGULATIONS CHART, SEC. 30.251 OF CHAPTER 30, "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 ZONING DISTRICT REGULATIONS, SEC. 30.25 That the District Regulations Chart, Sec. 30.25, be amended by substituting the number 1175" for the number 11100" in Col. 91 "Height in Feet" for the B -3 use district. SECTION 2. 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 Hoffman explained and gave background information of the proposed amendment. Discussion followed on the floor with several alderpersons speaking for and against this zoning amendment. A vote on the resolution resulted as follows: Ayes (4) - Peterson, Hoffman, Schroeder, Golder Nays (5) - Booth, Johnson, Cummings, Romanowski, Blanchard Abstention (1) - Daley (possible conflict of interest) Motion Fails * 15.3a Certified Local Government FY 190 Applications- Downtown Survey By Alderperson Hoffman: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca has received Certified Local Government status from the New York State Office of Parks, Recreation and Historic Preservation, (OPR &HP), and WHEREAS, ten percent (10 %) of funds allocated to New York State for preservation activities are made available exclusively to Certified Local Governments on a competitive basis, and WHEREAS, at the April 25, 1989 meeting, the Board of Planning and Development identified the need for a survey of the city's downtown, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has recently encouraged the city to undertake a survey of downtown, and WHEREAS, the project budget appears as follows: Total Project Cost CLG Request City Match In -Kind $2,111 Cash $1,412 and, 11 February 7, 1990 submitted with the application $7,045 $3,522 $3,523 WHEREAS, the city's cash match can be drawn from funds already allocated to the Department of Planning and Development, and WHEREAS, at the January 23, 1990 meeting the Planning and Development Board unanimously endorsed this application, and WHEREAS, at the January 25, 1990 meeting the Planning and Development Committee of Common Council voted unanimously to iLp approve and forward this resolution to the Common Council; now, therefore, be it l ,9 =�. RESOLVED, That Common Council hereby authorizes the Director of Planning and Development to submit a Certified Local Government Ew�n� Subgrant FY190 application to the OPR &HP for funds to undertake an intensive level historic and architectural resources survey of downtown Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 15.3b Certified Local Government FY 190 Applications - City -wide Survey By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has received Certified Local Government status from the New York State Office of Parks, Recreation and Historic Preservation, (OPR &HP), and, WHEREAS, ten percent (10 %) of funds allocated to New York State for preservation activities are made available exclusively to Certified Local Governments on a competitive basis, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has recommended that the city undertake a city -wide reconnaissance survey prior to making further applications for individual neighborhood surveys, and WHEREAS, the city -wide reconnaissance survey will enable the city, in consultation with the New York State Office of Parks, Recreation and Historic Preservation, to develop specific recommendations and priorities for resource protection and enhancement in all areas of the city, and WHEREAS, the project budget submitted with the application appears as follows: Cost: $91468 4,734 4,734 $3,166 1,568 WHEREAS, the city's cash match can be drawn from funds already allocated to the Department of Planning and Development, and WHEREAS, at the January 23, 1990 meeting the Planning and Development Board unanimously endorsed this application, and Total Project CLG Request City Match In -Kind Cash and, Cost: $91468 4,734 4,734 $3,166 1,568 WHEREAS, the city's cash match can be drawn from funds already allocated to the Department of Planning and Development, and WHEREAS, at the January 23, 1990 meeting the Planning and Development Board unanimously endorsed this application, and 3311 12 February 7, 1990 WHEREAS, at the January 25, 1990 meeting the Planning and Development Committee of Common Council voted unanimously to approve and forward this resolution to the Common Council; now, therefore, be it RESOLVED, that Common Council hereby authorizes the Director of Planning and Development to submit a Certified Local Government Subgrant FY190 application to the OPR &HP to undertake a reconnaissance level historic and architectural resources survey of the City of Ithaca. Carried Unanimously * 15.4 Festival Lands Transfer By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca is considering the transfer of a portion of its lands at Cass Park known commonly as the "Festival Lands" to the State of New York for the purpose of facilitating the expansion of the Allan H. Treman State Marine Park, and WHEREAS, both the proposed transfer of land to the State of New York and the further development of the Allan H. Treman State Marine Park are actions that require environmental review under the provisions of the State Environmental Quality Review Act (SEQR), and WHEREAS, Part 617 NYCRR, the regulations implementing the State Environmental Quality Review Act, provide that in instances when several discrete actions subject to environmental review have the effect of contributing to a larger action, the environmental review for all such actions should be combined so as to provide a comprehensive overview of the impacts of that action, and WHEREAS, the State of New York has proposed that it be the lead agency for the environmental review for the master plan for the proposed expansion of the Allan H. Treman State Marine Park, and WHEREAS, the City of Ithaca has declared itself to be the lead agency for the environmental review for the action of the proposed transfer of the Festival Lands to the State of New York; now, therefore, be it RESOLVED, That the City of Ithaca does hereby request that the State of New York, through the Finger Lakes State Parks Commission, does designate the City of Ithaca as an involved agency for the environmental review of the master plan for the proposed expansion of the Allan H. Treman Marine Park, including the development of the currently undeveloped lands at the south end of Cayuga Lake, and be it further RESOLVED, That the City of Ithaca does hereby maintain the responsibility to make a separate determination of significance for the action of the proposed transfer of the Festival lands and does hereby reserve the right to require additional environmental review of the proposed action, if necessary. Discussion followed on the floor with Alderperson Hoffman supplying background information. Alderperson Booth suggested in the final Resolved paragraph after the words Festival Lands, the following be added: "and to make findings under SEAR respecting that action" and does hereby.... etc. No Alderperson objected and the wording was therefore accepted. W. 0 13 Main Motion A vote on the Main Motion with additional wording by Alderperson Booth resulted as follows: Ayes (8) - Booth, Golder, Johnson, Cummings, Daley, Blanchard, Schroeder, Romanowski Nays (2) - Peterson, Hoffman Carried * 15.5 Final Approval of Sale of City -owned Land to Ithaco, Inc. By Alderperson Hoffman: Seconded by Alderperson Romanowski. WHEREAS, the City of Ithaca owns two parcels of land shown as parcels 3 and 4 (map attached to Minute Book) in the Cherry Street Industrial Park which have limited usefulness due to their size, shape and orientation to other existing parcels of land, and �1..� WHEREAS, Ithaco, Inc. owns the property adjacent to the two city- owned parcels and is desirous of acquiring these two parcels in order to assemble sufficient land to facilitate a planned expansion of the Ithaco, Inc. business, and WHEREAS, the Ithaca Urban Renewal Agency/ Community Development Agency (IURA) has reviewed the proposed transfer of these two parcels and made findings that Ithaco, Inc. is a qualified sponsor for the acquisition of the said parcels, that the fair market value of said parcels is three thousand nine hundred dollars ($3,900) and that the sale of said parcels to Ithaco, Inc. is in furtherance of the city's Urban Renewal Plan; now, therefore, be it RESOLVED, That in accordance with the City of Ithaca's Urban Renewal Land Disposition Procedures, this Common Council does hereby authorize final approval of the sale of said parcels of land to Ithaco, Inc. for the price of $3,900, and, be it further RESOLVED, That the Mayor and City Attorney are authorized and directed to prepare and execute the documents needed to complete the sale of said parcels. Ayes (9) - Booth, Hoffman, Daley, Romanowski, Blanchard, Johnson, Schroeder, Golder, Peterson Nay (1) - Cummings Carried Ithaca Falls Designation and Hydropower - Report Alderperson Hoffman reported that City Planner Mary Helen Jones has resigned from the Planning Department. He stated that it is more difficult to proceed in the hydropower area without staff at the Planning Department level. The Hydropower Commission has recommended that someone be designated to work on the hydropower issue and the recreational river designation issue. The Planning and Development Director told the Planning and Development Committee that he may be able to use Ms. Jones's unexpended salary to hire someone to work on at least the designation issue. Motion to Refer By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That the Council authorizes the Intergovernmental Relations Committee to approve the hiring of a consultant to work on recreational river designation and the necessary transfer of funds be taken from the unexpended salary line for Helen Jones. Mr. Van Cort informed the Council that he has spoken to two local them to submit consultants and asked proposals. Discussion followed on the boundaries and recreational river designation. Attorney Guttman informed Council that if a Bill for designation is to pass the State Legislature this year, Assemblyman Luster will need it in final form before May 1st. Motion to Refer By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That the Council authorizes the Intergovernmental Relations Committee to approve the hiring of a consultant to work on recreational river designation and the necessary transfer of funds be taken from the unexpended salary line for Helen Jones. `13(► 14 February 7, 1990 Alderperson Romanowski objected to the addition of the resolution as it was not part of the agenda. Therefore, the resolution was not placed on the floor for a vote. Margaret Fabrizio, member of the Fall Creek Conservation Committee, explained to the Council what needs to be done right now is the refinement of the maps. The maps should be available for public reviewing at the Planning and Development Committee meeting on February 20. They would like to get a full Council review of the proposal at the March Council meeting. Community Development Application - Report Alderperson Hoffman reported that the Community Development application is being worked on. Alderperson Cummings stated that the Economic Development Component is critical to this application. If there is anyone in the community who is thinking of starting a business that will be generating jobs in the community, and needs extra funding, she requested that they come into the Planning Department and speak to Kathe Evans. Route 96 Project (Route 89 Alignment) - Report Alderperson Hoffman reported that the State has said that they are moving ahead on the route 89 alignment across the Inlet Island. He stated that some of the Council have expressed concerns about the State going right through the middle of the park land that the City owns on that island. He stated that if the City wants to have any say about how that land is used and what the future options are, we need to make that known fairly quickly to the State. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Appointment of Administrative Assistant - Mayor's Office By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That Theresa F. Alt be appointed to the position of Administrative Assistant - Mayor's Office at an annual salary of $18,311, that being Step 5 on the 1990 Compensation Plan for Confidential Employees, retroactive to January 2, 1990. Carried Unanimously * 16.2 Appointment of Confidential Secretary to the City Attorney By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That Annette Finney be appointed to the position of Confidential Secretary to the City Attorney at an annual salary of $17,061, that being Step 7 on the 1990 Compensation Plan for Confidential Employees, retroactive to January 8, 1990. Carried Unanimously * 16.3 Amendment to Personnel Roster - DPW By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Personnel Roster of the Department of Public Works be amended by adding the position of Assistant Supervisor of Refuse and Recycling, and be it further RESOLVED, That the Assistant Supervisor of Refuse and Recycling position be assigned to the City Executive Association at a 1990 salary range of $23,500 - $28,662, and be it further RESOLVED, That the position of Working Supervisor - Sanitation will remain vacant until the civil service examination process for the Assistant Supervisor position is completed, and then be deleted from the Personnel Roster once a permanent appointment from a civil service eligible list is made to the Assistant Supervisor position, and be it further RESOLVED, That the above actions are contingent upon the approval of the Ithaca Civil Service Commission. Carried Unanimously m K 3: 0 > z z C: 0 c rn -i m m x tn FT) O rn m 0 o n -n C') 0 fTj DD ;U rTj rn :10 -< Cf) -A fTl N 47*09' 14" W -- 244.6 0 A C) O co 0 Y, ED 0 z 3,b160oLbS L t" 9 SL Z \y - t7l .09 6 L9'99 /f .0 . := —1 > 6\c3\ z =_ w \ rn C) m 1+ -4 Hco 7 0 m K 3: 0 > z z C: 0 c rn -i m m x tn FT) O cb rn m 0 o n -n C') 0 :r x m m DD ;U rTj rn m rr. cb 15 February 7, 1990 * 16.4 Salary Adjustment - DPW By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, Mr. Frank Gardner has rendered the City 31 years of untiring and dedicated service and responsibility, and WHEREAS, Mr. Gardner is presently compensated at a level that is only $60 above the entry -level salary for a Department of Public Works supervisor, and WHEREAS, a salary adjustment is in order based on performance, responsibility, reliability, knowledge and service; now, therefore be it RESOLVED, That the annual salary of Frank Gardner be increased to $33,050 effective February 12, 1990. Discussion followed on the floor. (N-i Alderperson Golder expressed his opinion that although he U) suspects that Mr. Gardner has been a very good worker and 10 deserves this raise he believes problems of salary �W- should be resolved in contracts and should be fair to begin with and that there should not be "merit pay" as this encourages ~� favoritism. For this reason he will vote nay. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Booth, Cummings, Schroeder, Hoffman, Peterson, Johnson, Blanchard, Daley Nay (1) - Golder Carried * 16.5 Salary Adjustment - DPW By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, Mr. James Miller was asked to assume special technical duties to expedite a number of in -house projects such as, the new Cass Park maintenance building, the Southside addition, and the chemical handling additions at the Cass Park pool, during the temporary appointment of Mr. Fabbroni as Superintendent of Public Works, and WHEREAS, he performed these added duties in a thorough, professional, and timely manner; now, therefore, be it RESOLVED, That Mr. Miller be awarded a one time $1,000 payment for these additional duties performed from June 16, 1989 through January 19, 1990. Ayes (9) - Booth, Romanowski, Cummings, Johnson, Daley, Blanchard, Schroeder, Hoffman, Peterson Nay (1) - Golder Carried 337 * 16.6 Appointment of Chief Water Treatment Plant Operator By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Charles Baker be appointed to the position of (400" Chief Water Treatment Plant Operator at an annual salary of $32,000 effective February 26, 1990. Carried Unanimously * 16.7 Amendment to Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: ADD 1 Administrative Secretary (35 hours /week) DELETE : 1 Senior Stenographer (35 hours /week) and be it further 16 February 7, 1990 RESOLVED, That $890 be transferred from Account A7310 -205 Furniture and Fixtures to Account A7310 -110 Staff Salaries, to fund said reclassification for the balance of the 1990 fiscal year. Carried Unanimously * 16.8 Appointment of Youth Worker By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Ann Calvert be appointed to the position of Youth Worker at an annual salary of $16, 086, that being Step 2 on the 1990 CSEA Administrative Unit Compensation Plan, effective February 13, 1990. Carried Unanimously * 16.9 Appreciation to Larry Fabbroni By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, Lawrence Fabbroni has served the City of Ithaca as the Acting Superintendent of Public Works from June 17, 1989 to January 19, 1990, and WHEREAS, Larry's service in the capacity has been marked by exceptional dedication to managing the Department of Public Works in an efficient and humane manner, to protecting and promoting the well -being of the employees of the Department, to serving the interests of the citizens of Ithaca, to communicating with the public regarding the Department's various operational responsibilities, and to carrying out his many duties with care, intelligence and good cheer; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby expresses its deep appreciation for the many contributions made by Mr. Fabbroni as Acting Superintendent and for the fact that he will continue serving the City in his permanent position as Assistant Superintendent of Public Works. Carried Unanimously * 16.10 Refuse Tipping Fee By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Tompkins County Board of Representatives has resolved that all refuse haulers in the County begin paying a $40 per ton tipping fee on March 1, 1990, and WHEREAS, Tompkins County has also strongly recommended that a fee per container system be instituted to recover the cost of the new tipping fee while encouraging recycling and overall reduction of waste generation, and WHEREAS, the City has budgeted for $350,000 revenue for offsetting tipping fees and administrative expenses in the approved 1990 City Budget, and WHEREAS, the Board of Public Works has voted to authorize the Department of Public Works to proceed with implementation of a fee per container system in coordination with the City Chamberlain, City Controller, Tompkins County DPW, and other interested parties within the general guidelines of public information, sales, and distribution as described in a January 8, 1990 memo by Acting Superintendent Larry Fabbroni (with the added provision that a sheet of 12 tags will cost $10.00); now, therefore, be it RESOLVED, That, subject to the following conditions, Common Council endorses the institution of the fee per container system approved by the Board of Public Works: 1. The fee per container system is being adopted for the balance of 1990. This system and other alternative systems will be studied in order to determine their feasibility for time beyond the end of 1990. The Board of Public Works and the Department of Public Works will (\J f..) i1 a "L -14 17 February 7, 1990 make clear to all interested persons that this fee per container system is being adopted for 1990 and is subject to future change. 2. No private person or entity that purchases any garbage disposal tags from the City for purpose of sale to other persons shall resell those tags for more money than that person or entity paid the City of Ithaca for them. 3. The details regarding the locations of sale, collection, and handling of money from the sale of garbage disposal tags shall be worked out to the mutual satisfaction of the City Controller, the City Chamberlain, the Department of Public Works, and the City Attorney. Presently only the office of the City Chamberlain is authorized to accept money from the sale of garbage disposal tags. Alderperson Booth gave an explanation of the resolution and City Chamberlain Parsons answered questions from Council members regarding other locations where the tags may be for sale. Alderperson Romanowski offered the following substitute resolution: Substitute Resolution By Alderperson Romanowski: Seconded by Alderperson Golder RESOLVED, That Common Council endorses the institution of a quarterly fee in the range of a $20 - $25 charge per household or apartment with payments commencing April 1, 1990. Alderperson Romanowski explained his reasoning for offering the substitute resolution. Discussion followed on the floor. A vote on the substitute resolution resulted as follows: Ayes (2) - Romanowski, Golder Nays (8) - Booth, Johnson, Peterson, Blanchard, Schroeder, Hoffman, Cummings, Daley Motion Fails Further discussion followed on the Main Motion. Alderperson Johnson offered the following amendment to the resolution: 114. That a public hearing to receive comments regarding the operation of the tag system shall be held by October 1, 1990." There were no objections to the amendment, therefore it was added to the resolution. Main Motion A vote on the Main Motion with wording added by Alderperson Johnson resulted as follows: Ayes (8) - Booth, Daley, Nays (2) - Golder, Johnson, Blanchard, Cummings, Peterson, Hoffman, Schroeder Romanowski Carried Motion to Extend Meeting Deadline By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That the meeting deadline for this Common Council meeting be extended until 12:00 midnight. Carried Unanimously 3311) 340 18 February 7, 1990 * 16.11 West Hill Fire Station Sanitary Sewer By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That a Joint Capital Project be established for the construction of the West Hill Fire Station Sanitary Sewer, with the Town of Ithaca acting as lead agency, at a maximum authorized cost of $60,000, and be it further RESOLVED, That the financing plan for such project be authorized as follows: Town of Ithaca Cornell University City of Ithaca Total and be it further RESOLVED, That pursuant share of $25,000 shall be proportionate shares of to be made over a twenty established amortization $28,000 25,000 7,000 $60,000 to agreement, the Cornell University advanced by the City and Town, at their involvement, with the repayment thereof year period at 7% interest, based on an schedule. Carried Unanimously * 16.12 Amendment to 1990 Real Property Tax Roll By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the 1990 Tax Roll for the City of Ithaca included property described as Tax Map Number 87 -1- 16.41, owned by Fred and Bodil Somkin, and WHEREAS, pursuant to Section 554 (Sub. 4a) of the Real Property Tax Law, the Director of Assessment has investigated an application for correction of an error in essential fact filed by Bodil Somkin, and WHEREAS, said investigation revealed that a Veterans Exemption in the amount of $7,240 was omitted on the first and second installments, and WHEREAS, the Director of Assessment has requested that the City amend the first and second installments to reflect the corrected taxable value of $63,760 and a corrected tax amount of $607.72 for each installment; now, therefore, be it RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes to the Tax Roll as requested by the Director of Assessment. Carried Unanimously * 16.13 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #2/1990, in the total amount of $71,249.83, be approved for payment. Carried Unanimously * 16.14 City Hall Annex Purchase Agreement Amendments By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the Common Council of the City of Ithaca, by resolution duly adopted at its regular meeting on October 71 1987, declared the City Hall Annex, Tax Map No. 70 -5 -24, 123 South Cayuga Street, with an appraised value of $210,000, to be surplus property, and authorized the Ithaca Urban Renewal Agency and its Executive Director to solicit proposals for its sale, to evaluate purchase proposals according to the stated criteria of purchase price, proposed reuse and appropriateness of any planned alterations to the exterior of the structure, and recommend to the Common Council its selection of purchaser for Common Council review and action, and eG 4 1 19 February 7, 1990 WHEREAS, the Ithaca Urban Renewal Agency solicited and evaluated proposals for the sale of the Annex and recommended to the Common Council the sale of the Annex to Charles Schlough for the sum of $215,000, and WHEREAS, the Common Council accepted said recommendation at the April 6, 1988 regular meeting, and at the July 6, 1988 regular meeting directed the Ithaca Urban Renewal Agency Executive Director and City Attorney to prepare for review and approval a purchase proposal for the subject property, and WHEREAS, the Common Council of the City of Ithaca, by resolution duly adopted at its regular meeting on August 3, 1988, after reviewing and approving the draft purchase proposal, and after appropriate notification for the sale of the subject property in accordance with City Charter Section 3.10 (40) authorized the Mayor to enter into a purchase agreement, and WHEREAS, a purchase agreement was entered into between the City of Ithaca and Charles Schlough dated December 8, 1988, which LO purchase agreement, among other things, provided that the closing ..,..,� would take place on or before six months from December 8, 1988, and Cfi WHEREAS, due to Charles Schlough's inability to obtain appropriate financing for the purchase of the City Hall Annex the closing has not yet occurred and Charles Schlough has indicated to the City his continued intention to purchase the property on the terms of the said purchase agreement, and WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on January 1, 1990 directed that notice be published of certain modifications to the said purchase contract and appropriate notifications for the modification of the contract of sale of the subject property having been published; now, therefore, be it RESOLVED, That the closing date in the contract for the sale of the City Hall Annex be extended through March 31, 1990 upon the 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 to either the March 31, 1990 deadline, the date of closing if prior to such deadline or such sooner date as Charles Schlough advises the City of Ithaca that the sale will not occur. Carried Unanimously * 16.15 Authority to Appropriate Contingency Funds to Settle a Legal Action with the State of New York By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca entered into an agreement with the State of New York for the construction of Bridge Number 2210420, the Six Mile Creek bridge and by resolution dated March 3, 1983 endorsed the City's participation in the said project, and WHEREAS, the bridge construction project was substantially completed by private contractors on or about November 15, 1984, and the Department of Transportation finalized the work in March of 1987, and WHEREAS, the total share that the City of Ithaca was obligated to remit on behalf of the Six Mile Creek bridge construction project was $41,793.35, and WHEREAS, the City deposited $19,774.00 with the State before construction of the bridge, which deposit earned $1,302.07 interest, for a total of $21,076.07 paid to the State by the City for the cost of the Six Mile Creek bridge project, and 4 c 20 February 7, 1990 WHEREAS, on June 19, 1987 the State demanded payment on the balance of $20,717.88 and upon the City's failure to remit said amount commenced a lawsuit against the City demanding judgment in the amount of $20,717.88 together with interest thereon from June 19, 1987 together with costs and disbursements, and WHEREAS, there have been negotiations between the City Attorney and the Attorney General's Office and as a result of said negotiations the State of New York is prepared to accept the sum of $18,717.88 in full satisfaction of the said claim and is prepared to discontinue its lawsuit against the City; now, therefore, be it RESOLVED, That the City pay to the State of New York the sum of $18,717.88 in full satisfaction of the State of New York's claim against the City of Ithaca with respect to the construction of bridge number 2210420, the Six Mile Creek bridge, and be it further RESOLVED, That the sum of $18,717.88 be transferred from A1990, unrestricted contingency funds, to account A1420 -430, the City of Ithaca fees line. Carried Unanimously * 16.16 Authorization to Amend Existing Fire Protection Contract with the Town of Ithaca By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, effective January 1, 1987 the City of Ithaca entered into an agreement with the Town of Ithaca for the provision of Fire Protection services and Emergency Medical Services on an equal basis throughout the fire service area, inclusive of the City and Town Fire Protection District, and WHEREAS, the Town of Ithaca has heretofore agreed to share in the annual cost of salaries and related expenditures relative to the following, which items constitute additions to the existing version of the Fire Protection Contract: A. One additional Assistant Fire Chief and one additional Clerical position approved July 8, 1987. B. Four Fire Fighter positions and one Deputy Chief position and one half -time Volunteer Coordinator, the funding for which was released from Restricted Contingency February 1, 1989. C. One Training Officer, which was approved June 7, 1989, and WHEREAS, current negotiations with the Town of Ithaca have resulted in a tentative agreement to amend the existing fire protection agreement as follows: A. Adjustments to financial considerations in Sections 5d and 5e for contract years 1990 and 1991 to reflect amendments to the approved staffing level already agreed to by the City and Town of Ithaca. B. Adjustments to financial considerations in Section 5f for contract year 1992 to reflect the 1990 proposed funding of four Fire Fighter positions, which has been placed in Restricted Contingency, pending formal execution of said agreement. C. The extension of the Fire Protection contract for the additional years, 1993 and 1994, at the annual operating participating shares of 26% and 27% respectively. These new percentages will be reflected in new sub - sections 5f -1 and 5f -2 of the agreement. The financial considerations for such extension years have been computed on a consistent basis with prior contract years. I F& 34 3 21 February 7, 1990 D. Section 12, which presents the approved staffing levels will be amended to reflect the addition of eight Fire Fighters, one Assistant Chief, one Deputy Chief, one half -time Volunteer Coordinator, one Account Clerk Typist, one Training Officer, and the reclassification of one position, from Senior Account Clerk to Administrative Secretary. This amendment effectively increases the total complement from 57 to 69 1/2 positions; now, therefore, be it RESOLVED, That the Mayor be authorized to execute said amended Agreement between the City of Ithaca and the Town of Ithaca for the provision of Fire Protection Services. Ayes (6) - Peterson, Hoffman, Schroeder, Booth, Romanowski, Johnson Nays (3) - Cummings, Daley, Blanchard Abstention (1) - Golder (Alderperson Golder did not feel rj he had sufficient background information � to vote) Carried L( 1 u °j * 16 17 Authorization to Release Restricted Contingency_ Funds �YA Subject to Execution of Amendments to Fire Protection Contract <1 with the Town of Ithaca By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the $100,000 placed in Restricted Contingency to fund all costs related to the addition of four Fire Fighter positions be transferred to the appropriate line items within the 1990 budget, subject to the Town's execution of the proposed amended Fire Protection Agreement between the City and Town of Ithaca. Ayes (6) - Peterson, Hoffman, Schroeder, Booth, Romanowski, Johnson Nays (3) - Cummings, Daley, Blanchard Abstention (1) - Golder ( Alderperson Golder did not feel he had sufficient background information to vote) Carried Welcome to new Superintendent of Public Works Mayor Nichols officially welcomed the new Superintendent of Public Works, Narayan Thadani. Superintendent Thadani thanked the Council members for the support that has been shown to him thus far. He stated that his door is always open for Council members to come to speak with him on any issue. City Judge Position City Attorney Guttman explained that the General City Law and the Uniform City Court Act was amended in 1989 and essentially provides that now the City of Ithaca shall have two part -time City Judges and not an "Acting City Judge ". Judge Sherman explained the history of this matter to the Council and discussion followed on the floor. It is the opinion of Judge Sherman that the appointment of Marjorie Olds must be as City Judge for a six year term and not Acting City Judge for a one year term as was previously approved by Common Council. 344 22 February 7, 1990 Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the word "Acting" be removed from the title of the position of City Judge and that Marjorie Olds be appointed to the position of City Judge for a six year term expiring December 31, 1995. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: _Smoking Amendments - Noise Ordinance - Handicapped Accessibility Report Alderperson Peterson reported that the above mentioned items will be back to the committee for further discussion on February 13th and then back to the Council in resolution form at the March meeting. NEW BUSINESS: * 21.1 City Income Tax By Alderperson Daley: Seconded by Alderperson Blanchard WHEREAS, there has been much speculation about the possibility of the City of Ithaca imposing its own income tax, and WHEREAS, the likelihood of having the State Legislature grant Ithaca the authority to collect an income tax is extremely remote, and WHEREAS, even if Ithaca were granted this authority, it would not be good planning or fiscally responsible to have such a tax limited only to the city; now, therefore, be it RESOLVED, That the Common Council calls on the State Legislature to restructure local taxing authority throughout the State to take the burden off the local property tax, and be it further RESOLVED, That the Common Council reject the idea of a local income tax limited to the City of Ithaca as a way of redistributing the tax burden. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the matter of a local income tax be referred to the Budget and Administration Committee for review. Ayes (7) - Cummings, Blanchard, Schroeder, Golder, Peterson, Hoffman, Johnson Nays (3) - Booth, Daley, Romanowski Carried Common Council Seating Arrangement Discussion was held as to the pros and cons of the new seating arrangement that was in place for tonight's meeting. Discussion of this matter will continue at the Committee of the Whole meeting. Advisory Committee on the Central Processing Facility Mayor Nichols informed the Council that the City has been requested by the County Board to name members to serve on an advisory committee on the central processing facility that would make recommendations to the County regarding the construction and design of the facility. After discussion, Alderperson Cummings agreed to serve on the committee as a representative of the City. Mayor Nichols will draft a letter to the County outlining the City's position in regard to service on this committee. 23 February 7, 1990 Drug Abuse Council Mayor Nichols made comments regarding the formation of a drug abuse council. He stated that the committee would be a joint effort with the County and the City and proposed the following resolution: Resolution By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, local solutions to the serious problem of drug and alcohol abuse require the combined efforts of many public and private agencies and individuals in the City of Ithaca and Tompkins County, and WHEREAS, those efforts may benefit from the formation of a Tompkins County /Ithaca Substance Abuse Council, and WHEREAS, the credibility and effectiveness of a Substance Abuse Council will be enhanced by its sponsorship by the Tompkins County Board of Representatives and the Common Council of the City of Ithaca; now, therefore, be it I -� RESOLVED, That the Mayor is instructed to name three members to a W_ joint County /City ad -hoc committee to explore the possible j structure and membership of a Tompkins County /Ithaca Substance Abuse Council. Carried Unanimously ADJOURNMENT on a motion the meeting was adjourned at 12:20 a.m. Callista F. Paolangelfi/ City Clerk Benjamin Nichols Mayor 345