Loading...
HomeMy WebLinkAboutMN-CC-1990-11-07Iii COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. November 7, 1990 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Romanowski, Daley, Hoffman, Cummings (arrived at 7:20), Peterson, Blanchard, Golder, Schroeder OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Planning & Development Director - Van Cort Deputy Police Chief - Ecklund Personnel Administrator - Saul CD Assistant Personnel Administrator - Patz Building Commissioner - Datz Fire Chief - Olmstead Acting Superintendent of Public Works - Gray City Chamberlain - Parsons Youth Bureau Director - Cohen Board of Public Works Commissioners - Reeves, Berg PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the October 3, 1990 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Golder RESOLVED, That the Minutes of the October 3, 1990 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Intergovernmental Relations Committee Mayor Nichols requested that a resolution be added regarding the sale of Fire Station No. 6. No Council member objected. New Business Alderperson Blanchard requested the addition of two brief reports; the status of the Joint Transit Facility and the Solid Waste Management plan for the County. Alderperson Johnson requested concerning the Library. No Council member objected. the addition of a resolution Budget and Administration Committee Alderperson Booth requested the addition of item 16.19, authorizing the City Controller to make transfers in the 1990 budget appropriations as needed. No Council member objected. MAYOR'S APPOINTMENTS: Ithaca Urban Renewal Agency Mayor Nichols requested approval of Council for the appointment of Doug Dylla to the Ithaca Urban Renewal Agency, replacing James Dennis who has resigned. 1 November 7, 1990 Alderperson Hoffman made comments regarding the structure of the IURA and the role that the agency plays. He said that the problems that he had with the agency that were talked about the last time an appointment was made, still exists. According to State legislation there is no limit on the terms for serving on this Agency. This distinguishes this body from any other appointed City board. The State legislation also gives the IURA very broad powers which he thinks are better left in the hands of the Common Council. Alderperson Hoffman asked for permission to abstain on this vote, even though he has no doubts about the ability of the appointee to carry out his duties on the agency. Alderperson Peterson reported that a letter has been conveyed from the Mayor to the Chairs of the Planning & Development and Charter and Ordinance Committee to address the concerns that Alderperson Hoffman has and the committees will be working jointly on the matter. Resolution By Alderperson Golder: Seconded by Alderperson Blanchard RESOLVED, That this Council approves the appointment of Doug Dylla to the Ithaca Urban Renewal Agency, with an indefinite term. Ayes (8) - Booth, Johnson, Romanowski, Blanchard, Peterson, Daley, Schroeder, Golder Abstention (1) - Hoffman Absent (1) - Cummings Carried PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 1991 City of Ithaca Budget Carl Klapper, 207 Adams Street, spoke to the Council regarding the 1991 City budget and what he feels can be done to lower the tax rates in the City. POW /MIA Flag Holly Hollingsworth, Veterans of America, Committee and Council fly the POW /MIA flag urged Council to pass evening. Chestnut Street, representing the Vietnam Chapter 377, thanked the Human Services for reconsidering the Chapter's request to on all City buildings at all times. He the resolution that is on the agenda this Paul Sayvetz, 201 Elm Street, stated to Council that he was severely misquoted in The Grapevine and he wanted to be sure that the Council knows that he is strongly in favor of anybody putting posters on telephone poles and he is also strongly in favor of other kinds of general freedoms in our community such as bicycles on The Commons. He further stated that the recycling ordinance should be extended to cover commercial enterprises as he sees many dumpsters with corrugated cardboard in them. REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS: Board of Public Works Commissioner Reeves reported to the Council on the following matters: Playground on The Commons - The Board the playground on The Commons due to reports dangerous condition of the equipment. The passed also encourages that the capital improve The Commons be a high priority playground will be replaced in the Spring of has voted to remove of deteriorating and resolution that was project for 1991 to item so that this 1991. Water and Sewer Rates - The Board passed a resolution for an 2 15�a J. November 7, 1990 increase in the water and sewer rates for 1991. The water rates will increase from $.90 to $1.15 per 100 cubic feet and the sewer rates from $.90 to $1.25 per 100 cubic feet effective January 1, 1991. Curbside Collection of Recyclables - A meeting of the Board of Public Works and the County for a discussion of the curbside collection of recyclable and recycling drop -off center was postponed. Hopefully, the County will have a representative at the Committee of the Whole meeting on November 14th. Meeting Schedule - The Board of Public Works have changed their meeting schedules for November, December and January due to the holidays. A list of meeting dates has been sent to all Council people. Transit Surveys - The Transit Surveys have been mailed out. Stewart Avenue Re- bricking - The Stewart Avenue re- bricking CD project will be starting next week. Alderperson Booth asked Commissioner Reeves if there are any plans to make the intersection where Ithaca Road and Cornell Street all come together safer for pedestrians to cross. Commissioner Reeves responded that the Engineering staff have been looking at the intersection. She will report back to Council on what is happening there. CITY ATTORNEY'S REPORT: Central Processing Facility City Attorney Guttman reported that in regard to the litigation on the Central Processing Facility, our attorneys in Albany have filed with the Appellate Division a motion requesting a preference. He said the County has responded saying that it has no objection to a preference being granted and the Court has received this motion and we are waiting for a decision from them. If they grant the preference, the case will be heard in an expedited manner, hopefully as early as next month. City Attorney Guttman further explained that our attorneys in Albany have submitted to the Appellate Division our brief on the City's position on the case; that the County has acted improperly and violated the State Environmental Quality Review Act. Joint Transit Facility City Attorney Guttman reported that the contract for the design phase has been readied and he expects it to be signed later this week. City Court Cases City Attorney Guttman reported on City Court cases that are in the process of being heard at this time. PLANNING AND DEVELOPMENT COMMITTEE: Community Development Funding Alderperson Hoffman reported that the committee, at their last meeting, made some suggestions that were to go the Urban Renewal Agency. The committee's primary concern was that the process begin as soon as possible so that anyone in the community who may want to submit a proposal would have as much time as possible to do so and so that Council will not be pressured for time. 3 November 7, 1990 Alderperson Hoffman stated that he understands that the City has taken on a consultant through the Community Development Agency who will be in charge of this and makes sure the process moves smoothly. Alderperson Hoffman further stated that a second concern the committee has is the existence of unspent Economic Development Funds from past years. Two projects were approved by Council and the Federal government but did not materialize. There is a total of $130,000 in unspent funds. The City stands to be penalized if we don't use those funds as originally intended. He stated that the committee brought up the question of whether the funds could be used for day care projects and the answer is yes but they still have the same job generation requirement that any other economic development project would have. Alderperson Hoffman asked the media to cooperate in getting the word out to the public that funds are available but that projects need to be put together and proposed within the next couple of months so they can go through the City process. The proposals could be from private businesses or from non - profits. The main criteria is that they generate a certain number of jobs in proportion to the funding requested. Surrender of Ithaca Falls Hydropower License Alderperson Hoffman stated that a letter has been sent to FERC on the surrender of the Ithaca Falls Hydropower license and we are awaiting a reply that the license is officially surrendered. 15. CHARTER AND ORDINANCE COMMITTEE: * 15.1 An Ordinance Amending Chapter 24, Entitled 'Transient Merchants' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the intent of the Transient Merchants Ordinance is to ensure that property taxes are fairly paid, and WHEREAS, the City wishes to equalize payments from Transient merchants who sell at tax exempt properties, and WHEREAS, it is in the public interest and a benefit to the community to support crafts people and artisans; now, therefore, Be it ordained and enacted by the Common Council of the City of Ithaca, as follows: ORDINANCE NO. 90 -14 AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "TRANSIENT MERCHANTS" Section 1. That Chapter 24 entitled "Transient Merchants" of the City of Ithaca Municipal Code is amended to read as follows: S 24.1 Short title This Chapter shall be known as the "Transient Retail Business Ordinance" and is enacted pursuant to Section 85 -a of the General Municipal Law. S 24.2(a) "Transient retail business" defined A "transient retail business" is defined as being one conducted in any store, hotel, house, building or structure which is exempt from the payment of property taxes, for the sale at retail of goods, wares and merchandise and which is intended to be conducted for a temporary period of time, and not permanently. 4 D I ()I November 7, 1990 S 24.2(b) Temporary period defined If the contract for the rental or lease of the place in which a transient retail business is conducted is for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is a transient business. S 24.2(c) Exemptions C-0e The following activities, which would otherwise be considered transient retail businesses are exempt from the requirements of this ordinance: 1. the sale of food products; and /or 2. rummage sales conducted by charitable, not - for - profit or religious corporations or associations where the proceeds of the sale are going directly to charitable, not - for - profit or religious purposes; and /or M 3. the sale of only creative, handmade or artistic D products which are original and are made or created by m the artisan who is selling them. S 24.3 Application for permit A. Required. An application for a permit to conduct a transient retail business within the City shall be made to the City Clerk, upon blanks prepared under authority of the City Clerk, and an applicant shall furnish such proof of his /her identity and integrity, as the City Clerk shall in his /her discretion determine. B. Contents of application. Such application shall contain a name of the owner of such business, address, nature and kinds of goods whom such goods were purchased, anc which and the location where it is will be conducted. C. Additional information. statement showing the true his /her residence, office to be sold, the persons from the period of time during contemplated such business The City Clark may demand, and such merchant shall furnish; such further information relating to stock and sales during the conduct of such transient business, as the City Clerk may deem necessary to meet the purposes of this Chapter. S 24.4 Bond required Each applicant, before receiving a permit to conduct such transient business, shall file with the City Clerk a bond in the penal sum of one thousand dollars ($1,000.00), executed by a surety company or by two responsible fee - holders residing in the State of New York or in lieu thereof, a cash deposit of equal amount, conditioned that such person will make a full, complete and true report, of the gross amount of sales made in such transient retail business in the City, and will comply in good faith with the provisions of this Chapter and that he /she or it will pay the amount of tax fixed. Said bond shall be approved by the City Attorney as to form and by the City Clerk as to its sufficiency. 5 1611-1 November 7, 1990 S 24.5 Display of permit A permit granted hereunder shall be conspicuously displayed by the transient merchant in the place of business conducted by him /her during the conduct of such business. S 24.6 Tax imposed A. Basis. A tax is hereby levied upon all persons conducting a transient retail business within the City. Such tax shall be based upon the gross amount of sales and shall be at the same aggregate rate as other property is taxed for the year. B. Calculation of tax. The amount of such tax shall be determined by taking the total of the combined rates of the city, school and county taxes, levied or assessed against real property in the City. The total of such rates shall then be applied to the gross amount of sales made by such transient merchants within the City, and the amount so fixed shall be levied against the person conducting such transient retail business. C. Tax rate not fixed. If at the time such tax becomes due and payable, the tax rates for the current year in the City have not been fixed, the same shall be estimated by the County Assessor, who shall certify such estimate to the City Clerk, to be used by him /her in fixing such tax. S 24.7 Weekly report; tax payment Every person permitted to conduct a transient business within the City shall file a verified report with the City Clerk on or before twelve o'clock noon, on Monday or each week. Such report shall contain a statement of the gross amount of sales of the previous week made by such merchant within the City, up to the close of business on the preceding Saturday, and, at the same time, such transient merchant shall pay to the City Clerk the amount of tax levied upon such sales. S 24.8 Conducting transient retail business without a permit prohibited No person shall transact a transient retail business within the City without first obtaining a permit therefor, and without first filing a bond or making a cash deposit as herein provided. S 24.9 Revocation of permit A. Grounds. Upon the failure of the person who shall have received a permit to conduct a transient retail business to comply with any or all of the terms of this Chapter the City Clerk may at any time revoke the permit granted to such person in which event any cash deposit shall be returned to the permittee less the amount of the tax due thereunder. L 163 November 7, 1990 B. Specific violations. The violation of this Chapter or any other provision of this Code, or the commission of a crime, particularly but not limited to violation of Article 13 or Article 26 of the General Business Law, or any of the provisions of the Agricultural and Markets Law is sufficient grounds for revocation of the permit issued pursuant to this Chapter. S 24.10 Penalties Any person failing to pay said tax, or failing to obey the provisions of this Chapter, shall be guilty of a violation, and upon being convicted of such violation shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for each day on which the violation shall exist or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment. CD SECTION 2. EFFECTIVE DATE. M D This ordinance shall take effect immediately and in accordance m with law upon publication and notice as provided in Section Q 3.11(B) of the Ithaca City Charter. (Publication date - November 15, 1990). Discussion followed on the floor. A vote on the resolution resulted as follows: Carried unanimously * 15.2 A Local Law Amending Section 2.27 of the Ithaca City Charter Entitled 'City Officers Appointed by the Mayor: Procedure for Appointment and Removal' By Alderperson Peterson: Seconded by Alderperson Hoffman WHEREAS, the City has no established procedure for disciplining Department Heads, and WHEREAS, a clear procedure naming the disciplining authority and the methods followed is necessary for good employee relations; now, therefore BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: LOCAL LAW NUMBER OF THE YEAR 1990 CITY OF ITHACA A LOCAL LAW AMENDING SECTION 2.27 OF THE ITHACA CITY CHARTER ENTITLED "CITY OFFICERS APPOINTED BY THE MAYOR: PROCEDURE FOR APPOINTMENT AND REMOVAL" SECTION 1. AMENDING SECTION 2.27 OF THE ITHACA CITY CHARTER Subdivision 4 of Section 2.27 of the Ithaca City Charter is hereby amended to read as follows: 4. Any officer of the City who is appointed as provided herein, or who is already appointed at this time by any other appointment method, [shall be removable, following reasonable notice and a public hearing if such person should request such hearing] may be disciplined or removed in accordance with the following procedure: 7 1(; I November 7, 1990 a. [By the Common Council by the affirmative vote of at least two - thirds of the members of the Common Council, or] No permanently appointed officer shall be disciplined or discharged without just cause. b. [By the Mayor with the approval of a majority vote of Common Council.] The Mayor shall be vested with the authority, on behalf of Common Council, to commence disciplinary action against officers appointed pursuant to this section. C. The Mayor shall provide an officer against whom disciplinary action is being commenced with a written notice which specifies the action being taken and the reason(s) why. The Mayor shall notify the Chairperson of the appropriate Common Council Committee, as defined in the Department Head Performance Evaluation Procedure, whenever disciplinary action is commenced pursuant to this section. d. An officer may challenge a disciplinary action commenced pursuant to this section by reauesti e. process hear receipt of t within ten (10) days The Common Council shall conduct a due process hearing, if requested by the officer, within forty -five (45) commenced by the Mayor. The decision of the majority vote of Common Council shall be final and binding on all parties. f. Any officer holding permanent appointment pursuant to this section may be removed, following notice and hearing as provided herein: 1. by the Common Council by the affirmative vote of at least two - thirds of the members of Common Council; or 2. by the Mayor with the approval of a majority vote of Common Council. g_ Officers appointed pursuant to this section on a provisional or probationary basis may be removed by the Mayor, in accordance with the provisions of Civil Service Law. An officer may appeal such action by the Mayor in accordance with the procedure specified in subsections (d) and (e). h. No disciplinary action shall be commenced aaainst a Citv officer more than two vears after the occurrence of the alleged act(s) for which discipline is being considered; provided, however, that such limitation shall not apply where the alleged act(s) would, if proven in a court of appropriate jurisdiction, constitute a criminal offense. i. An officer has the right to be represented by an attorney, or other representative of his /her choice, at every stage of this disciplinary procedure. j_ This procedure shall be used in lieu of Sections 75 and 76 of the Civil Service Law and shall replace the provisions of said Sections. 165 November 7, 1990 SECTION 2. EFFECTIVE DATE. This local law shall take effect immediately after filing with the Office of the Secretary of State. Alderperson Peterson explained the Local Law and extensive discussion followed on the floor with Personnel Administrator Saul answering questions from Council members. Alderperson Daley suggested the following: Amending Resolution: RESOLVED, That 4b read as follows: "The Mayor or a majority of Council shall be vested with the authority to commence disciplinary action against officers appointed pursuant to this section." After further discussion, Alderperson Daley withdrew his (o amendment. M Motion to Refer By Alderperson Cummings: Seconded by Alderperson Golder m RESOLVED, That the above Local Law be sent back to the Charter Q and Ordinance Committee for further review and clarification. Further discussion followed on the floor. A vote on the Motion to Refer resulted as follows: Ayes (7) - Booth, Cummings, Daley, Golder, Johnson, Hoffman, Schroeder Nays (3) - Romanowski, Blanchard, Peterson Carried Vehicle Idling - Report Alderperson Peterson reported that the Committee will be discussing at their meeting on November 8 a local vehicle idling ordinance. Postering Ordinance Alderperson Peterson stated that a Postering Ordinance will be discussed at the committee meeting on November 8. Bicycles on The Commons Alderperson Peterson reported that the matter of bicycles being walked on The Commons will be discussed at the committee meeting on November 8. 16. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 1991 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor's proposed budget for 1991 is referred to the Budget and Administration Committee for its review and action, and be it further RESOLVED, That in the Budget and Administration Committee's review of the proposed budget, each member of Common Council who attends one of the Committee's budget review sessions shall have an equal vote during that session, and be it further RESOLVED, that any five (5) Council members shall constitute a quorum for conducting business at any of the Committee's budget review sessions, with a majority of those present having authority to take action at that session. Carried Unanimously 9 I C I; November 7, 1990 * 16.2 Youth Bureau - Request to Expand NYS Transition -to -Work Program By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the State of New York has approved a $20,000.00 grant to the Ithaca Youth Bureau for the expansion of the Transition -To- Work Program, and WHEREAS, the Ithaca Youth Bureau Board of Advisors and the Common Council have reviewed the summary proposal for the grant; now, therefore, be it RESOLVED, That the Common Council authorizes the Youth Bureau to make application to the New York State Division for Youth for approval of the expansion of the Transition -To- Work Program. Carried Unanimously * 16.3 Youth Bureau - Request to Replace Youth Bureau Van - Recommendation to Common Council By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Ithaca Youth Bureau's Outing Program is in need of a replacement van for their current 1979 Station Wagon #331, which is inadequate for the equipment storage and hauling needs of the Outing Program, and WHEREAS, the Youth Bureau has a newer (1985), larger van #299 which would better suit the needs for the Outing Program's storage and hauling requirements; now, therefore, be it RESOLVED, That the Youth Bureau's Outing Program exchange their 1979 Station Wagon #331 for the 1985 van #299 for the use in the equipment storage and hauling operations of the Outing Program at the Youth Bureau. Discussion followed on the floor with Youth Bureau Director Cohen explaining the need for the requested van. A vote on the resolution resulted as follows: Ayes (6) - Peterson, Daley, Johnson, Cummings, Schroeder, Golder Nays (4) - Booth, Hoffman, Romanowski, Blanchard Carried * 16.4 Youth Bureau - Request to Amend 1990 Youth Bureau Buduet - Recommendation to Common Council By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Ithaca Youth Bureau has recently received $2,500 in donations from local colleges and, because of this, they anticipate receiving $1,400 more in donations for the remainder of 1990, and WHEREAS, the donations received will be used for Program Supplies in the Paul Schreurs Program and equipment maintenance for the purpose of making repairs to Van #299 so that it may be used for hauling equipment; now, therefore, be it RESOLVED, That the 1990 Youth Bureau budget be amended as follows: Increase Revenue Account A2705, Gifts & Donations $1,400. Increase Appropriations Accounts A7310 -476 Equipment Maintenance $ 500. A7310 -460 Program Supplies 900. and be it further 10 November 7, 1990 RESOLVED, That $900. be transferred from Account A7310 -215, Vehicles to Account A7310 -476, Equipment Maintenance, for the purpose of a van repair. Ayes (6) - Johnson, Peterson, Daley, Golder, Schroeder, Cummings Nays (4) - Blanchard, Romanowski, Booth, Hoffman Carried * 16.5 Police Department - Policy for Outside Contractual we Overtime for Police Officers By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Chief of Police has received a second request to allow police officers to work overtime for extra duty police service, and WHEREAS, the Chief of Police is requesting that such services be properly charged by the Police Department and paid for by the requesting party; now, therefore, be it co M RESOLVED, That the Chief of Police be authorized to charge for extra duty police services when the Chief of Police determines it m is appropriate to provide such service, and the responsible party requests such service and agrees to pay for it, and be it further RESOLVED, That the rate, for such services, to be charged is to be established by the Chief of Police in consultation with the City Controller and include all fringe benefits and any other associated costs to the City, and be it further RESOLVED, That the Chief of Police report to the B &A Committee twice annually for the purpose of updating the Committee on the number of occurrences, reason for the occurrences and the rate charged for such services. Carried Unanimously * 16.6 Police Department - _Request Appropriation of Funds for Vehicle Repair By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That an amount not to exceed $9,900 be transferred from Account A1990 Unrestricted Contingency to Account A3120 -476, Equipment Maintenance, for the repair of a police vehicle, which was damaged in an uninsured accident in October of 1990. Discussion followed on the floor with City Controller Cafferillo answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously * 16.7 Finance Department - Chamberlain - City Purchase of Liens at the 1990 City Tax Sale By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That pursuant to Ithaca City Charter, Section 4.6(E) the City Chamberlain is hereby authorized and directed on behalf of the City of Ithaca to purchase all lands except for Tax Parcel Number 69. -1 -8 (the Strand Theatre) at the 1990 City Tax Sale, without competitive bidding, for the gross amount due. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously 11 167 November 7, 1990 * 16.8 Finance Department - Chamberlain - Request to Expunge Taxes By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the 1989 Tax Roll for the City of Ithaca included property known as Tax Map Number 98 -1 -7, and WHEREAS, pursuant to Section 554, (Sub.4A) of the Real Property Tax Law the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Reuben Weiner, and WHEREAS, said investigation revealed that the assessment of this parcel was a duplication of an adjacent parcel, and WHEREAS, the Director of Assessments recommends that the assessed value be changed from $6,800. to $0; now, therefore, be it RESOLVED, That the 1990 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map Number 98 -1 -7 from $6,800. to $0., and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property. Carried Unanimously * 16.9 Finance Department - Chamberlain - Request to Hire Above Minimum Salary By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That Sandra Boyden O'Neil be provisionally appointed to the position of Senior Account Clerk /Typist in the Finance Department at an annual salary of $15,374., that being Step 6 on the 1990 CSEA Administrative Unit Compensation Plan, effective November 13, 1990. Ayes (9) - Booth, Peterson, Blanchard, Romanowski, Daley, Schroeder, Cummings, Hoffman, Johnson Nay (1) - Golder Carried * 16.10 DPW - Request for Employee Incentive Award - Recommendation to Common Council By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Acting Assistant Superintendent of Public Works has recommended Senior Account Clerk /Typist Cynthia Percey for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Contract, and WHEREAS, the Acting Assistant Superintendent of Public Works has provided the Budget and Administrative Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Acting Assistant Superintendent of Public Works' recommendation complies with the procedures and guidelines outlined in the CSEA Administrative Unit contract; now, therefore, be it RESOLVED, That Cynthia Percey's salary be increased by eight (8 %) percent to an annual salary of $17,525 effective October 12, 1990. Ayes (9) - Booth, Peterson, Blanchard, Cummings, Daley, Romanowski, Johnson, Schroeder, Hoffman Nay (1) - Golder Carried 12 J L co M D m Q L IN November 7, 1990 * 16.11 City Attorney - Request to Authorize Appraisal for the Strand By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That the City Attorney and the Director of the Planning Department are hereby authorized to expend a sum not to exceed Three Thousand Dollars ($3,000.00) for an appraisal of the premises known as tax parcel number 69. -1 -8, 310 -312 East State Street, more commonly known as the Strand Theatre, conditioned on the City Attorney obtaining the prior agreement of the County of Tompkins and the Appalachian Regional Commission that upon the eventual disposition of the premises, the cost of this appraisal will be considered as an expense of sale and as such be reimbursed to the City prior to any distribution of the proceeds of such disposition. Ms. Lucy Bergstrom, 104 N. Aurora Street, member of the Board of Historic Ithaca and management committee for The Strand, addressed Council regarding the EQBA grant that has been applied for. She asked Council for support if the EQBA grant is approved for the Strand. Ms. Bergstrom spoke to the Council regarding how the Strand could be used in the community. She stressed the importance of restoring the theatre for the performing arts community. Alderperson Booth stated, for the record, that in making the various decisions that need to be made on the Strand, he has never operated under any assumption that the City of Ithaca will ever provide any substantial money toward the Strand. Alderperson Hoffman asked if the appraisal that was done three years ago is still usable. City Attorney Guttman stated that he does not believe that appraisal would be acceptable now and he explained his reasons for this. Discussion followed on the floor with Planning and Development Director Van Cort answering questions from Council members. Alderperson Daley suggested the following: Amending Resolution: RESOLVED, That in the fifth line, after the words 310 -312 East State Street, the following words be added: "assuming both that the building will be re -used and assuming that the building will be removed," more commonly .....etc. Further discussion followed and Alderperson Daley withdrew his amending resolution. Alderperson Booth suggested the following: Amending Resolution: RESOLVED, That there be a 'Further Resolved' clause to read as follows: "That up to $3,000 be transferred from account 1990 Unrestricted Contingency to account 8020 -435, Planning Department Contractual Services ". No Council member objected to Alderperson Booth's amendment, therefore, it was added to the resolution. Main Motion as Amended A vote on the main motion as amended resulted as follows: Ayes (9) - Booth, Golder, Nay (1) - Hoffman Peterson, Daley, Johnson, Cummings, Schroeder, Romanowski, Blanchard 13 Carried 1611) 1'70 November 7, 1990 * 16.12 Finance Department - Personnel - Request for Hiring Review For All Position Vacancies By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, effective immediately, no vacant position shall be filled without a review and approval by Common Council. Mayor Nichols offered the following: Substitute Resolution: "RESOLVED, effective immediately no vacant position shall be filled without approval of a committee consisting of the Mayor, the Chair of the Budget and Administration Committee, and the City Controller. All actions taken by the committee (approval or disapproval) shall be reported monthly to Common Council." The Substitute Resolution was moved by Alderperson Schroeder and seconded by Alderperson Booth. Discussion followed regarding the merits and problems associated with both the original resolution and the substitute resolution. Alderperson Johnson offered the following: Amendment to the Substitute Resolution: By Alderperson Johnson: Seconded by Alderperson Hoffman "RESOLVED, That the review committee consist of the Mayor, the Chair and Vice -chair of the Budget and Administration Committee, working in consultation with the City Controller and the appropriate Department Head ". A vote on the amendment resulted as follows: 8 Ayes - Booth, Hoffman, Peterson, Daley, Schroeder, Y ( ) Romanowski, Blanchard, Johnson Nays (2) - Cummings, Golder Carried Alderperson Schroeder offered the following: _ Amendment to the Substitute Resolution and Original Resolution RESOLVED, That the word "immediately" be replaced with the words: "from today until January 2, 1991 ". No vote was taken on this amendment. Motion to Accept Substitute Resolution A vote on whether to accept the Substitute Resolution resulted as follows: Ayes (6) - Booth, Johnson, Hoffman, Schroeder, Romanowski, Blanchard Nays (4) - Cummings, Daley, Peterson, Golder Carried Alderperson Daley offered the following: Amending Resolution "RESOLVED, That the resolution read: "effective immediately and until February 6, 1991." There was no objection to Alderperson Daley's amendment in regard to the date of February 6, 1991, therefore, it was accepted as part of the resolution. 14 ]71 November 7, 1990 Alderperson Daley suggested the following: Amending Resolution RESOLVED, That there be a Further RESOLVED to read as follows: "That each department be advised that they should be prepared to discuss ways of reducing personnel costs by some amount with the Budget and Administration Committee in January 1991. After further discussion, Alderperson Daley withdrew his amending resolution. Substitute Resolution with Amendments A vote on the Substitute Resolution with amendments resulted as follows: Carried Unanimously * 16.13 Finance Department - Controller - Request for Transfer of Funds - Joint Capital Project - West Hill Fire Station Sanitary Sewer co By Alderperson Booth: Seconded by Alderperson Hoffman (�} WHEREAS, the City of Ithaca, Town of Ithaca and Cornell University established a Joint Capital Project for the co construction of the West Hill Fire Station Sanitary Sewer Q approved February 1990, and WHEREAS, the City's financial portion of said project is $7,000.00 plus the City's portion of Cornell's share, $5,000., for a total of $12,000.; now, therefore, be it RESOLVED, That $12,000.00 be transferred from the Sewer Fund to the Joint Activity Fund - Joint Capital Project West Hill Fire Station Sanitary Sewer, for the payment to the contractor for construction costs incurred during the construction of the West Hill Fire Station Sanitary Sewer. Carried Unanimously * 16.14 Request to Authorize the City to Enter into a Contract With Historic Ithaca for the Sale of Bricks By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, Historic Ithaca, Inc. has received a matching NYS grant of $45,000. for the purpose of renovating portions of the Clinton House in Ithaca, which includes paving (in brick) of the Seneca Street parking lot, and WHEREAS, Historic Ithaca has set aside $2,500. for the purchase of 10,000 bricks from the City's supply of paving bricks; now, therefore, be it RESOLVED, That the City enter into a contract with Historic Ithaca, Inc. for the purpose of selling 10,000 bricks from the City's supply of paving bricks at $.25 per brick, and be it further RESOLVED, That the contract state that the bricks are to be installed according to the guidelines approved by the Ithaca Landmarks Preservation Commission. Alderperson Booth offered the following: Amending Resolution: RESOLVED, That a new First Resolved clause be inserted to read as follows: "That Common Council hereby amends its earlier action with respect to the price of bricks to establish the price of these bricks at $.25 per brick, and be it further" (The two original Resolved clauses remain the same). Alderperson Booth asked that the Second Whereas clause be re- worded as follows: 15 7) November 7, 1990 Amending Resolution "WHEREAS, Historic Ithaca wishes to purchase 10,000 bricks from the City's supply of paving bricks for $2,500." No Alderperson objected to the amendments, therefore, the resolution was amended. Alderperson Cummings spoke on the manner in which the bricks have been stored and discussion followed on the floor. Alderperson Blanchard, BPW Liaison stated that she would take this concern to the Board for their response. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 16.15 Audit By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the bills presented, as listed on Audit Abstract #17/1990 in the total amount of $57,325.33, be approved for payment. Carried Unanimously Trash Tag Public Meeting - Report Alderperson Booth reported that a public meeting was held to take comments on the trash tag system. No strenuous objections were raised regarding the tag system. Capital Projects Public Meeting Alderperson Booth reported that a public meeting was held on the capital projects report that was done by the Review Committee. The only major comments that were received urged Council to include all of the capital projects with respect to the Commons in this years budget which is not what the Capital Projects Review Committee recommended. Budget and Administration Committee Budget Review Sessions - Tentative Schedule By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Budget Review Sessions be approved as follows: November November November November November November 12th 15th 20th 26th 28th 29th 7:30 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. Common Council Chambers Common Council Chambers Common Council Chambers Common Council Chambers Common Council Chambers Budget & Administration Committee meeting Alderperson Booth explained the process that will be followed for the budget review sessions. A vote on the schedule resulted as follows: Carried Unanimously * 16.19 Authorization for Budget Transfers By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That the City Controller be empowered to make transfers within the 1990 Budget Appropriations as needed, for the remainder of the 1990 fiscal year. 16 Carried Unanimously 0 0 It 173 November 7, 1990 HUMAN SERVICES COMMITTEE: * 17.1 POW /MIA Flag By Alderperson Johnson: Seconded by Alderperson Cummings WHEREAS, we recognize that flying the POW /MIA flag is important to a large section of our citizenry, and WHEREAS, it is useful and appropriate to have a reminder to all of the destructive and disastrous effects of war; now, therefore be it RESOLVED, That the POW /MIA flag be flown on appropriate city - owned buildings along with the American flag. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Daley "RESOLVED, That the Resolved Clause read as follows: That, during the current term of this common council, the POW /MIA Flag be flown on all days that the AMERICAN FLAG is flown at City CD Hall." M Discussion followed on the floor on the amending resolution. m A vote on the Amending Resolution resulted as follows: Q Ayes (6) - Johnson, Booth, Peterson, Hoffman, Daley, Cummings Nays (4) - Golder, Schroeder, Romanowski, Blanchard Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Johnson, Booth, Romanowski, Blanchard, Daley, Cummings Nays (4) - Golder, Schroeder, Hoffman, Peterson Carried EOC Homeless Shelter - Report Alderperson Blanchard reported that she and Eric Datz were invited by Pat Poston, the housing person from the Tompkins County Social Services Department, to go with her and others to look at properties that might be used as an EOC Homeless Shelter. They did that but she has not heard back on the results of that tour. Alderperson Johnson reported that the Red Cross shelter is now up to 800 of its capability and HOMES has had their ground breaking at the new facility on Green Street, where there will be 18 beds. Youth Opportunities - Report Alderperson Johnson stated that the committee had the report before them for discussion and they have referred it to the Youth Bureau Board and staff for comment and recommendation. Personnel Administrator Saul has also been asked to comment. These comments will be shared when this is reviewed by the budget committee. INTERGOVERNMENTAL RELATIONS COMMITTEE: Procedure for Sale of #6 Fire Station By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Attorney is hereby directed to take all necessary steps to sell Fire Station Number 6 to the highest bidder by receiving sealed bids subject to the condition that this Council, by majority vote, shall reserve the right to reject any bid under $210,000. Carried Unanimously 17 I 'l November 7, 1990 NEW BUSINESS: Joint Transit Facility Alderperson Blanchard reported that at last we have an agreement to go forward with the design phase of the Joint Transit Facility. The problem of ownership has not been completely resolved yet but we do have an interim agreement that allows us to go forward with the design and commits all the parties_ to working out the final structure within the design period which has to be over by July 1, 1991. Alderperson Cummings stated, for the record, that she is strongly opposed to this facility at that site. She does not think this is an appropriate area for this facility as it too close to the waterfront and recreational land. Discussion followed on the floor with the pros and cons of this facility at the proposed site being expressed by Alderpersons. Alderperson Daley suggested that the matter be sent back to the Planning and Development Committee for further discussion and review. Further discussion followed with no vote taken on Alderperson Daley's suggestion of referral. However, Mayor Nichols expressed the opinion that he sees no problem with the committee looking at this and keeping current with what is going on. Alderperson Blanchard remarked that if people have specific questions about details of this agreement or the process they can call her. Solid Waste Management Alderperson Blanchard reported that the County is going to appoint a Solid Waste Management Advisory Committee to take on as its first task the development of the solid waste management plan that the State is requiring the County to develop. She said the County has proposed a committee structure of 8 people and she is concerned because there does not seem to be a definite City slot on the committee. She would like to be sure that we secure the slot that is designated for the Central Processing Facility person as being a definite strong City slot. Mayor Nichols stated that he will write to Mr. Winch at the County to ensure that there will be a City slot on that committee. Possible Relocation of Library By Alderperson Johnson: Seconded by Alderperson Schroeder WHEREAS, the library is an important educational institution in the City of Ithaca, and WHEREAS, the library is a frequently used resource and gathering place in the city, and WHEREAS, there has been some discussion about the possibility of moving the library to another location in the county; now, therefore, be it RESOLVED, That the Mayor and Common Council find out the extent of this possibility, and be it further RESOLVED, That the Mayor and Common Council do all that is possible to prevent the relocation of the library outside the City. i3 D m d November 7, 1990 Motion to Refer to Committee By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That the question of the possibility of the library being relocated be referred to the Human Services Committee for review and discussion. Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 10:05 p.m. Callista F. Paolangeli City Clerk 19 c Benja in Nichols Mayor 175