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.
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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
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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.
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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.
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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.
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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.
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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:
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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.
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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
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* 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
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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
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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
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* 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