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HomeMy WebLinkAboutMN-CC-1991-08-07August 7, 1991 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 7, 1991 PRESENT: Mayor Nichols Alderpersons (8) - Booth, Cummings, Golder, Hoffman, Daley, Romanowski, Blanchard, Schroeder ABSENT: Peterson (excused) Johnson (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo �. Deputy City Controller - Thayer Co Planning and Development Deputy Director - Sieverding Personnel Administrator - Saul Fire Chief - Olmstead D Police Chief - McEwen ca Acting Superintendent of Public Works - Gray Q Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Acting Building Commissioner - Eckstrom PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the July 3", 1991 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the July 3, 1991 Common Council meeting be approved with the addition of a memo from Alderperson Booth. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Golder requested the addition of a Resolution on accessibility of City meetings. No Council member objected. APPOINTMENTS• Board of Fire Commissioners Mayor Nichols referred to a letter from Town Supervisor Raffensperger recommending the appointment of James L. Mayer, 1251 Trumansburg Road, to the Board of Fire Commissioners, with a term to expire June 30, 1994. Mayor Nichols requested the consideration of Council for the appointment. Resolution By Alderperson Romanowski: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of James L. Mayer, 1251 Trumansburg Road to the Board of Fire Commissioners with a term to expire June 30, 1994. 1 Carried Unanimously 4-d-11 . I V - 11.I August 7, 1991 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Rabies Task Force Mr. Donald Lein, 12 Hunters Lane, representing .the Rabies Task Force of the State of New York, spoke to Council regarding the spread of rabies. He spoke of the possible use of an oral bait vaccine for raccoons and foxes in this area. He said that at a later date he will be bringing a proposal to Council to possibly use the City as a test City for the oral vaccine for rabies. GIAC Pool The following persons spoke to Council in favor of the GIAC Pool project: Wendy Kohli - 925 North Tioga Street Sue Perlgut - 104 North Titus Avenue Jacqueline Livingston - 412 North Geneva Street Diane Sams - GIAC Board (Presented letter from HOLT ArchitectS regarding pool) Northside Park Dan Cramer, 601 Willow Avenue, presented a petition with 168 signatures in support of the Northside Park. The petition is on file in the City Clerk's Office. The following persons spoke to Council in favor of the Northside Park: Jeff Greuber - Odessa, New York (Speaking for MHA of Tompkins County) Laura Lewis - 509 Willow Avenue K. Misti Wilcox - 103 Madison Street (Read letter from Sciencenter in support of Northside Park) RESPONSE TO THE PUBLIC: GIAC Pool Alderperson Romanowski stated that he wants the public to be aware that the area where the proposed pool is to be built belongs to the Ithaca School District, not to the City. Recently the City acquired a long -term lease to be able to put a pool there. Alderperson Booth stated that this Common Council is very well aware of the multiplicity of the value of the programs at GIAC and has supported and will continue to support those programs. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES Board of Public Works Commissioner Reeves reported on the following items: Results of Scavenger Days - By all reports, scavenger days seem to have been successful. The homeowners who still had items out on Monday following Scavenger Days received an additional warning about special collection fees. On Tuesday there were very few properties that did not comply. Free Parking - has been instituted at the ramps and meters on weekends in downtown Ithaca. This does not apply to the Dryden Road Garage and the merchants in that area have expressed concerns to the Board. The Board is in the process of doing further investigation and coming up with possible solutions to the Collegetown requests. Mutual Housing Association / Northside - The Board had the "power to act" today on a resolution regarding a 50 -foot right -of -way. The Board resolved that they will accept a right -of -way of 50 feet for the proposed public street, said right -of -way to begin at a point approximately 20 feet 7aest from the eastern Mutual Housing Association property line. 2 0 A �12 r August 7, 1991 Designation of Park /Northside - There was some concern expressed at the Board meeting today regarding the designation of the park, particularly because the Mayor has asked the Board to hold the line on the 1992 Department Budget. Parks Commission - a representative from the Parks Commission spoke to the Council in favor of the creation of the Northside Park. COMMUNICATIONS FROM THE MAYOR State of the 1991 Budget Mayor Nichols made the following statement: "Let me give you a brief report on the state of the 1991 budget. While there is no such thing as good news when talking about our cuts, I can report that we are on target with the goals set in the necessary reductions to make up for the unanticipated loss of almost $800,000 in State Aid. All department heads have been working diligently to make the required cuts. Each has met with me, or Dominick Cafferillo, or both at once to outline in detail CD the steps they are taking to meet the goals. These will be M reported in detail to the Budget and Administration Committee. D The bad news is that we have other shortfalls - possibly amounting m to $550,000 to make up. Our health care costs may exceed the Q budget by $250,000 and our income from sales tax and mortgage tax may be short of budget estimates by about $300,000. So we are looking for other cuts and revenue sources - such as use of CHIPS money for capital construction being done by our own forces. As Council knows - and as has been explained to our employee unions, there is no potential savings in use of the State official retirement incentive. As adopted it seems to be a plan to enrich the State Retirement System. We are examining the possibility of a City generated incentive for potential retirees and are open to suggestions from the unions on what might be attractive to employees and financially attractive to the City." REPORT OF CITY ATTORNEY City Attorney Guttman reported on City Court matters that have been resolved, and several City Court cases which are pending. He also reported on a case that is in Supreme Court at this time. City Attorney Guttman reported on arbitrations and labor matters that are in negotiations at this time. City Attorney Guttman reported that the agreement between the Town and the City regarding the South Hill Recreation Way has been signed. PLANNING AND DEVELOPMENT COMMITTEE * 15.1 Northside Neighborhood Park By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the Common Council, after extensive negotiation with neighborhood residents and other interested parties, has approved the overall plan for development of the Northside; and 3 WHEREAS, this plan calls for the creation of adjacent to Cascadilla Creek; now, therefore, a new City park be it RESOLVED, That the Common Council endorses in concept the official designation as a City park the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and the right -of -way of Lake Avenue, between Adams Street and Route 13, and be it further 3 q, kz August 7, 1991 RESOLVED, That the Director of Planning and Development and the City Attorney are directed to investigate the exact steps that will be necessary to officially designate the park, including matters of timing, required Council action, and the precise boundaries of the area to be designated, and to report back to the Planning and Development committee as soon as possible. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Blanchard RESOLVED, That the words "City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and" in the First Resolved clause be deleted. Extensive discussion followed on the floor with Alderpersons debating the pros and cons of a park being located in this area. A vote on the Amending Resolution resulted as follows: Ayes (3) - Cummings, Romanowski, Blanchard Nays (5) - Hoffman, Booth, Golder, Schroeder, Daley Motion Fails Amending Resolution Alderperson Romanowski suggested that the First Resolved Clause read as follows: "RESOLVED, That the Common Council endorses in concept the official designation as a City park some portion of the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel ... etc." The Amending Resolution failed for lack of a second. Main Motion Further discussion followed on the Main Motion. Alderperson Booth suggested that in the first Whereas Clause the words "negotiations with" be deleted and the words "discussion among" be inserted in its place. No Council member objected to the change. Alderperson Booth wanted the record to be clear that the Council is talking about one -third of the Pogo Parcel and the Lake Avenue right -of -way.. A vote on the Main Motion resulted as follows: Ayes (5) - Booth, Hoffman, Daley, Golder, Schroeder Nays (3) - Cummings, Blanchard, Romanowski Carried The Main Motion shall read as follows: WHEREAS, the Common Council, after extensive discussion among neighborhood residents and other interested parties, has approved the overall plan for development of the Northside; and WHEREAS, this plan calls for the creation of a new City park adjacent to Cascadilla Creek; now, therefore, be it RESOLVED, That the Common Council endorses in concept the official designation as a City park the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and the right -of -way of Lake Avenue, between Adams Street and Route 13, and be it further 4 Z/-� August 7, 1991 RESOLVED, That the Director of Planning and Development and the City Attorney are directed to investigate the exact steps that will be necessary to officially designate the park, including matters of timing, required Council action, and the precise boundaries of the area to be designated, and to report back to the Planning and Development committee as soon as possible. * 15.2 Location of New Street By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has agreed to sell a portion of the property known as the `Pogo Parcel' to the Tompkins County Mutual Housing Association (MHA), and in such contract has granted to MHA an option to acquire an additional portion of the property, and WHEREAS, a master site plan for the area has been developed which includes provision for construction of a street along the eastern boundary of the said option parcel, and WHEREAS, the exact location of that street and its right -of -way are CD an important element in establishing the exact layout of the proposed MHA development, and WHEREAS, the Planning and Development Committee as well as other (�] Council members have reviewed the proposed MHA site plan and the ,Q other public and private improvements to be constructed in the area; now, therefore, be it RESOLVED, That the Council does hereby approve that the pavement width of the new street shall be 22 feet with the center line of such pavement to be located on the line between the eastern boundary of the said option parcel and the western boundary of the property being retained by the City, which is proposed to be used as a new City park, and be it further RESOLVED, That the western boundary of the right -of -way over which this street shall run is to be located approximately 20 feet west of the center line of the pavement of the new street. Mayor Nichols reported that at the Board of Public Works meeting today, City Engineer Gray suggested that it would be a better design if the width of the street were to be 18 feet rather than 22 feet, which would allow for lawn /curb planning area in front of the Mutual Housing. He felt that 18 feet would be sufficient for the traffic and for parking. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That the first Resolved Clause be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the remaining Resolved Clause read as follows: "RESOLVED, That the right -of -way over which this street shall run is to be located approximately 20 feet west of the eastern boundary of the option parcel, as shown on the map dated August 7, 1991. (Map is attached to Minute Book)." Carried Unanimously 5 Y.�B August 7, 1991 The Main Motion as Amended shall read as follows: WHEREAS, the City of Ithaca has agreed to sell a .portion of the property known as the 'Pogo Parcel' to the Tompkins County Mutual Housing Association (MHA), and in such contract has granted to MHA an option to acquire an additional portion of the property, and WHEREAS, a master site plan for the area has been developed which includes provision for construction of a street along the eastern boundary of the said option parcel, and WHEREAS, the exact location of that street and its right -of -way are an important element in establishing the exact layout of the proposed MHA development, and WHEREAS, the Planning and Development Committee as well as other Council members have reviewed the proposed MHA site plan and the other public and private improvements to be constructed in the area; now, therefore, be it RESOLVED, That the right -of -way over which this street shall run is to be located approximately 20 feet west of the eastern boundary of the option parcel, as shown on the map dated August 7, 1991. (Map is attached to Minute Book). * 15.3 Route 96 By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the approved design for the Route 96 improvements includes reconstruction of Meadow Street and Fulton Street as a one -way pair with Fulton Street serving southbound traffic, and WHEREAS, the Route 96 Improvement Project's primary objective is to provide acceptable traffic capacity and represents a considerable investment of Federal and State funds for this purpose, and WHEREAS, the design calls for three traffic lanes on Fulton Street with no on- street parking, and WHEREAS, the City has requested that the New York State Department of Transportation ( NYSDOT) allow one lane of parking on Fulton Street using only two lanes for moving traffic until the level of service deteriorates below that specified for the Route 96 Improvement Project, and WHEREAS, the City's request acknowledges that the parking lane is anticipated to be converted to a moving lane if, and when, the traffic volumes require additional capacity, and WHEREAS,the NYSDOT has determined that at such time when the Average Annual Daily Traffic on Fulton Street reaches a value of 11,500, or earlier if the level of service on approach roadways to Fulton Street deteriorates below Level D, the on- street parking along Fulton Street will be eliminated to maintain the level of service mandated by the project's design criteria, and WHEREAS, the NYSDOT has stipulated that the area of parking must be limited to the east side of Fulton Street between the Esty Street and Buffalo Street intersections only, and WHEREAS, the City of Ithaca's zoning ordinance requires that off street parking be provided for any change in property use, and WHEREAS, the New York State Department of Transportation has requested that the City of Ithaca agree to cooperate with New York State Department of transportation on management of the Fulton /Meadow one -way pair, and I co M D m a 0 August 7, 1991 WHEREAS, the New York State Department of Transportation has expressed a willingness to investigate the possibility of constructing neighborhood parking areas to serve those .homes and businesses fronting on the proposed widened Fulton Street as well as commuter parking lots at the City's periphery to be funded by the Route 96 Project; now, therefore, be it RESOLVED, That the City of Ithaca acknowledges that cooperation between the City and New York State Department of Transportation will be essential for proper management of the roadway system included in the Route 96 project, and be it further RESOLVED, That the City of Ithaca does hereby advise NYSDOT that it will cooperate with the Department of Transportation in monitoring the increases in traffic volume over the life of the Route 96 project, and be it further RESOLVED, That the City of Ithaca agrees to the removal of the parking on Fulton Street if and when the New York State Department of Transportation determines that traffic volumes require such change. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 15.4 Cornell /City Relations By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Mayor of the City of Ithaca appointed a Commission to make a comprehensive study of the many interactions between Cornell University and the City of Ithaca, and WHEREAS, that Commission met over a period of one year to study these matters, and WHEREAS, the Commission has made its report to the Mayor and Common Council of the City of Ithaca, and has made numerous recommendations; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby accept for consideration the report of the Cornell - City Relations Study Commission and, be it further RESOLVED, That the Council does hereby invite Cornell University to respond to the findings and recommendations of the Commission. Discussion followed on the floor. Alderperson Booth, for the record, stated that he has recently become the Chairperson of the Department of City and Regional Planning at Cornell University. He said that he intends to vote and participate on all matters dealing with Cornell unless he perceives it is a conflict of interest, at which time he will say something about it. A vote on the resolution resulted as follows: Carried Unanimously Moment of Silence and Expression of Sympathy Alderperson Hoffman read the following statement into the record: "During the past month this community lost an extremely dedicated public servant. I'm referring to Ethel Nichols, who had a life- long commitment to social justice and civic involvement in this community. Ethel served for many years on this Common Council, as well as the Tompkins County Board of Representatives. 7 7,�.9 August 7, 1991 I think it is appropriate that this Council extend our sympathy to Mayor Nichols for his personal loss and we express our deep appreciation for Ethel Nichol's contributions to Ithaca." The Common Council observed a Moment of Silence in honor of Ethel Nichols. BUDGET AND ADMINISTRATION COMMITTEE * 16.1 GIAC - Request to Amend Architectural _Contract for GIAC Renovations Project By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the total projected cost of completing design development of the GIAC building renovations, including the provision of a more definitive cost estimate, is $19,500., and WHEREAS, the original agreement with Sear Brown Group established an amount not to exceed $12,000. for the performance of said original services; now, therefore, be it RESOLVED, That the Mayor is amendment to said agreement for $7,500., which amount shall be established for this project. hereby authorized to execute an an additional amount not to exceed paid from the Capital Project fund Carried Unanimously * 16.2 GIAC Request to Increase Authorization of Capital Project #217 GIAC Pool Project By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the conceptual design of the GIAC Pool project has been completed, and WHEREAS, based on said design, the Client Committee has recommended that the original project authorization of $450,000. be amended to reflect a revised scope of work and the corresponding projected increase in cost, and WHEREAS, due to budgetary constraints, the B &A Committee has recommended certain further economies should be made in the design of the facility; now, therefore, be it RESOLVED, That Capital Project #217 for the construction of the GIAC Pool be amended from $450,000. to a maximum cost of $520,000., and be it further RESOLVED, That the additional $70,000. be financed as follows: A. Down payment of $3,500. shall be transferred from Account A1990 Unrestricted Contingency. B. The balance of $66,500 shall be derived from the issuance of Serial Bonds. Alderperson Booth explained the resolution and discussion followed on the floor, with Mr. Cohen, Director of the Youth Bureau responding to questions from Council members. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That, in the First Resolved Clause, the maximum amount be changed to $550,000 to include the pavillion and that the figures in the last Resolved clause be changed accordingly. Discussion followed on the floor. 3 P] J August 7, 1991 A vote on the Amending Resolution resulted as follows: Ayes (4) - Daley, Cummings, Schroeder, Golder Nays (4) - Booth, Romanowski, Blanchard, Hoffman Mayor Nichols voted aye, breaking the tie. After extensive discussion regarding whether or not the Mayor's vote would be counted as a fifth vote sufficient for passage, the (6000" Mayor withdrew his vote. Therefore, the amendment failed. Mayor Nichols asked that the matter be taken up again at the Budget and Administration Committee meeting in August, and brought back to Council. Further discussion followed on the floor. A vote on the Main Motion resulted as follows: Carried Unanimously Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. (� * 16.3 Youth Bureau Request to Amend 1991 Youth Bureau Budget Q By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City of Ithaca Youth Bureau will be receiving an additional $9,438. in funding from the Ithaca City School District for an expansion of the Access to College and Employment Program, and WHEREAS, the program funding will assist a group of students in the transition from elementary school to middle school; now, therefore, be it we RESOLVED, That, contingent upon the Youth Bureau's receipt of such funding, the Youth Bureau Personnel Roster be amended as follows: Add: One (1) Youth Worker Reclassify: One (1) Youth Worker to One (1) Youth Program Coordinator and be it further RESOLVED, That the additional roster positions established as a result of this funding are subject to the continuation of such funding from the Ithaca City School District, and be it further RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A 2070 Contributions to Youth $9,438. Increase Appropriation Accounts: A 7310 - 110 $7,470. (4wo" A 9030 $ 571. A 9040 $1,397. and be it further RESOLVED, That the Common Council Resolutions 17.3 and 17.5 pertaining to the Youth Bureau approved at the July 3, 1991 Common Council meeting shall be amended by replacing the language "temporary positions" with the language "positions are contingent on the continuation of the Grant Funding ". Carried Unanimously 0 zky ! Lf34 August 7, 1991 * 16.4 Police Department Request for Transfer of Funds By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That $400. be transferred from Account A690 -8 Drug Seizure monies to Account A3120 -405 Telephone Services, to cover the cost of installing an additional investigative phone line for the Police Department. Carried Unanimously * 16.5 Police Department Request to Hire Police Dispatcher Above Step 1 By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Bruce Holmstock be appointed to the position of Police Dispatcher at an annual salary of $16,554., that being Step 3 on the 1991 CSEA Administrative Unit Compensation Plan, effective August 5, 1991. Carried Unanimously * 16.6 Police Department Request to Hire Administrative Secretary By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Personnel Roster of the Police Department be amended as follows: Delete: One (1) Confidential Secretary to the Police Chief Add One (1) Administrative Secretary and be it further RESOLVED, That the transfer of Cornell from the Department of Department be approved at an annual Step 5 on the 1991 Confidential effective August 26, 1991. Administrative Secretary Lisa Public Works to the Police salary of $20,274., that being Employees Compensation Plan, Carried Unanimously * 16.7 Attorney Request City of Ithaca to Defend City Employees in Future Litigation (An Ordinance Amending Chapter 5 Entitled City Officers and Employees' of the City of Ithaca Municipal Code) By Alderperson Booth: Seconded by Alderperson Schroeder ORDINANCE NO. 91- An Ordinance amending Chapter 5 entitled "City Employees" of the City of Ithaca Municipal Code BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. That Chapter 5, entitled "City Officers and Employees of the City of Ithaca Municipal Code is amended to add a new Article to read as follows: A new Article to be known and designated as Article IV, to follow Article III, and is hereby added to said Chapter to read as follows: ARTICLE IV REIMBURSEMENT OF DEFENSE COSTS OF CITY EMPLOYEES FOR CIVIL ACTIONS. Section 5.40 Subject to the limitations set forth in subsequent sections of this Article, the City of Ithaca desires to and hereby does provide for the defense of its officers and employees, whether the employee is sued individually or in his or her capacity as a City officer or employee, in all civil actions and proceedings, whether in state or 10 7J� August 7, 1991 federal court, based on acts or omissions alleged to have occurred while the officer or employee was acting within the scope of his or her duties for the City of Ithaca. Section 5.41 Employee: The term employee shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in publicly sponsored volunteer programs, or any other person holding a position by election, appointment or employment, including the City Attorney, in the service of the City of Ithaca, whether or not compensated. The term "employee" shall include a former employee, his or her estate or judicially appointed personal representative. Section 5.42 Limited Right to Defense: The City of Ithaca shall defend or provide for the defense of its employees and officers in any civil action or proceeding, State or federal, arising out of any alleged act or omission which occurred or (�. allegedly occurred while the employee was acting within the scope CD of his or her public employment or duties. This duty to provide M for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the City. m Section 5.43 Limited right to private representation: < Subject to the conditions set forth in the preceding paragraph, the employee shall be entitled to be represented by private counsel of his or her choice in any civil action or proceeding whenever the City Attorney or other counsel designated by the City determines that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise by special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his or her choice. The City Attorney or other counsel designated by the City may require, as a condition of the payment of the fees and expenses of such representation, that appropriate groups of employees be represented by the same counsel. Reasonable attorney's fees and litigation expenses shall be paid by the City to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Budget & Administration Committee of Common Council. Section 5.44 Disputes: Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by a court upon motion or by way of a special proceeding if it cannot be resolved by the employee and the City Attorney or the Budget & Administration Committee. Section 5.45 Duty to avoid default: Where an employee delivers process and a written request for defense to the City pursuant to Section 5.49 below, the City shall take the necessary steps on behalf of the employee to avoid the entry of a default judgment pending resolution of any question pertaining to the obligation to provide a defense. Section 5.46 Conditions on duty to defend: The duty to defend or indemnify and save harmless prescribed by this Article shall be conditioned upon: a. delivery by the employee to the City Attorney a written request to provide for his or her defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading, within ten (10) days after he or she is served within such document, and 11 1434 August 7, 1991 b. the full cooperation of the employee in the defense of any such action or proceeding against the City based on the same act or omission, and the assistance of the employee in the prosecution of any appeal. Section 5.47 The benefits of this Article shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this Article be construed to affect, alter, or repeal any provision of the worker's compensation law. Section 5.48 This Article does not in any way affect the obligation of any claimant to give notice to the City as required under Section 50 -e of the General Municipal Law or. any other provision of law. Alderperson Booth requested City Attorney Guttman to look at Section 5.43 to check the wording of the paragraph. Discussion followed on the floor. City Attorney Guttman will review Section 5.43 and report back to Council. A vote on the Ordinance resulted as follows: Carried Unanimously * 16.8 Request for Council Members to Maintain a Time Loq By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That each Alderperson is urged to maintain a record of his /her duties as a Council member for the period of September 1991, which record shall be utilized to create a more realistic definition of the average amount of time per week that the City assumes is required for a Council member to undertake the duties of his /her office. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.9 Planning Department Request to Increase Authorization of Capital Proj ect #229 - Joint Transit FacilitV By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the revised total estimated cost of the Joint Transit Facility Project is $6,074,966., and WHEREAS, the local share of $2,376,966. for that facility will be allocated as follows: A. Cornell University $1,188,484 B. Tompkins County 594,241 C. City of Ithaca 594,241 $2,376,966 and WHEREAS, with respect to the City's share of the costs of this project, the City is providing land valued at $346,000. and equipment valued at $16,000. to the project, thereby leaving a balance of $232,241. to be funded, and WHEREAS, Capital Project #229 was established in 1990 and amended in 1991 by advancing a total of $65,000. from Capital Reserve #22 for Bus Acquisition; now, therefore, be it RESOLVED, That Capital Project #229 is hereby amended to a maximum authorized cost of $232,241., to be financed as follows: 12 I F& 25_ August 7, 1991 A. The statutory 5% down payment shall be funded from Capital Reserve #22 for Buses $ 11,612 B. The balance of $220,629. shall be financed by the issuance of Serial Bonds $220,629 Total $232,241 (Wwo,� Amending Resolution By Alderperson Golder: Seconded by Alderperson Blanchard RESOLVED, That there be two additional Resolved Clauses added to the resolution to read as follows: "RESOLVED, That Common Council states that the goals of the Joint Transit Facility are to reduce costs, increase efficiency, and create an expanded and co- ordinated public transit system throughout the county, and be it further co RESOLVED, That Common Council requests that the Memorandum of Understanding between Cornell, Tompkins County, the City of Ithaca and Gad - about, reflect the above goals and express the commitment of all parties to these goals." m Carried Unanimously Discussion followed on the Main Motion as Amended. A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Booth, Golder, Blanchard, Hoffman, Daley, Romanowski, Schroeder Nay (1) - Cummings Carried * 16.10 Planning Department Request to Hire Architect for Daycare Center Acquisition and Renovation Project By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the Client Committee for a Day Care Facility at 201 -205 East Tompkins Street in the City of Ithaca has reviewed proposals for the provision of a feasibility analysis including conceptual design services in connection with proposed renovation to the former B T Glass Building, and WHEREAS, Matrix Architects has been selected to perform said services; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an agreement with Matrix Architects for the provision of said services at a cost not to exceed $4,020., which amount shall be paid from the Capital Project fund established for this project. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.11 DPW Request to Hire Assistant Superintendent of Streets and Facilities By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That Richard L. Ferrel be provisionally appointed to the position of Assistant Superintendent of Public Works - Streets and Facilities, at an annual salary of $43,000, effective August 12, 1991. Carried Unanimously 13 August 7, 1991 * 16.13 Attorney Request Additional Funds for Litigation_ By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That $1,000. be transferred from Account A1990 Unrestricted Contingency, to Account A1420 -435 City Attorney Contractual Services, to pay for additional legal services in connection with litigation brought in Nevada against the City. Carried Unanimously * 16.14 Attorney Request Additional Funds for Central Processing Facility By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the City has received the final bill regarding the appeal of the Central Processing Facility lawsuit decision, and WHEREAS, the final bill is greater than the original amount estimated for the appeal process; now, therefore, be it RESOLVED, That $3,751.00 be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the final bill relative to the Central Processing Facility lawsuit appeal. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. Amending Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That the amount to be transferred in the final Resolved clause be changed to $1,519.38. Ayes (3) - Schroeder, Daley, Blanchard Nays (4) - Booth, Romanowski, Golder, Cummings Abstention (1) - Hoffman Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (3) - Cummings, Booth, Golder Nays (4) - Schroeder, Daley, Blanchard, Romanowski Abstention (1) - Hoffman Motion Fails Alderperson Booth requested the re- introduction of the Amending Resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the amount to be transferred in the final Resolved clause be changed to $1,519.38. Ayes (6) - Booth, Romanowski, Scroeder Nay (1) - Cummings Abstention (1) - Hoffman Golder, Daley, Blanchard, Carried * 16.15 DPW Appropriation of Capital Reserve Fund Moneys By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, unforeseen emergency repairs were made to sanitary sewer lines in connection with the East Clinton Street Bridge Project; now, therefore, be it RESOLVED, That $12,657. be transferred from Capital Reserve #17 for Sewer Construction, to Capital Project #251 East Clinton Street Bridge Improvements, to finance the cost of such emergency repairs. Carried Unanimously 14 It,- Z/37 August 7, 1991 * 16.16 Attorney Request to Pursue Litigation Against Tompkins County By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Assistant City Attorney is hereby authorized to pursue litigation against the Tompkins County Board of Assessment and Review, and the Tompkins County Division of Assessment relative to the tax exempt status of the City Hall Annex property. Carried Unanimously (0110e * 16.17 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract 12/1991 in the total amount of $46,315.00, be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE Human Services Coalition Review - Report Alderperson Cummings reported that the Human Services Coalition review will be received by the Human Services Committee in time for co action in September. She said they hope to make recommendations on the Community Service Agency requests at the August meeting of the Human Services Committee. D M Citizen Pruners - Report Q Alderperson Cummings reported that the Citizen Pruners program is progressing. So far there have been 256 hours spent in volunteer pruning and tree trimming. * 17.3 Accessibility of City Sponspored Public Meetings By Alderperson Golder: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has a commitment to ensuring that its citizens, regardless of disability, may attend City sponsored (Woo" public meetings, and WHEREAS, the Disability Advisory Council for the City of Ithaca has informed the Human Services Committee that certain City sponsored public meetings have been scheduled at sites and in facilities which are not accessible and where accessible restrooms are unavailable, and WHEREAS, the City wishes to ensure that all City sponsored public meetings meet current state and federal standards for accessibility; now, therefore, be it RESOLVED, That the City Attorney's Office is directed to draft a memorandum reflecting the state of the current law on access to public meetings and facilities and to include a projection of the future impact of the Americans with Disabilities Act scheduled to become effective in January of 1992 for the purpose of ensuring that all public meetings of the City are conducted in a public forum accessible to all citizens. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Food Distribution in the City - Southern Tier Food Bank - Report Alderperson Blanchard reported that the Human Services Committee has heard from people who are involved with the food networks, both in the City and throughout the County and there is a perception that perhaps there needs to be more distribution centers within the City other than the one that is located at the Salvation Army and the pantries that are operated by the Red Cross at their two shelters. There will be a more detailed report forthcoming. 15 August 7, 1991 Review Committee for Human Services Agencies Mayor Nichols reported that he has appointed Alderpersons Johnson, Cummings and Booth to serve on the Review Committee for Community Service: Agencies. CHARTER AND ORDINANCE COMMITTEE * 18.1 A Local Law Amending Article II Entitled City Officials', Section 2.6 Thereof Entitled `Mayor, City Judge, Aldermen, Election,-Terms of Office' of the Ithaca City Charter By Alderperson Romanowski: Seconded by Alderperson Booth WHEREAS, Section 2.6 of Article II of the City of Ithaca Charter provides that alderpersons are elected for four -year staggered terms with one -half of the alderpersons being elected every two years, and WHEREAS, as the result of the 1990 census the City of Ithaca is considering the need for reapportionment and expects to have such reapportionment completed prior to the 1993 general election; and in order to properly accomplish reapportionment all alderpersons should be selected at once in 1993 on the reapportionment basis, and WHEREAS, the City wishes to continue the concept of alderpersons serving staggered terms; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, New York, enacts the following Local Law: LOCAL LAW NUMBER OF THE YEAR 1991 A LOCAL LAW AMENDING ARTICLE II ENTITLED 'CITY OFFICIALS', SECTION 2.6 THEREOF ENTITLED 'MAYOR, CITY JUDGE, ALDERMEN, ELECTION; TERMS OF OFFICE' OF THE ITHACA CITY CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending Section 2.6 of the City of Ithaca Charter by Adding a Paragraph to the End of the Section. Section 2.6 of the City of Ithaca Charter is hereby amended to read as follows: Section 2.6 Mayor, City Judge, Alderperson, Election; Terms of Office Notwithstanding the above, the term of all alderpersons elected in November, 1991, shall be for a period of two years. The term of one half of the alderpersons elected in November, 1993, shall be for a period of four years. The term of one half of the alderpersons elected in November, 1993, shall be for a period of two years. Thereafter, the term of all alderpersons shall revert to four years. Section 2. Effective and operative date. This local law shall become operative immediately and shall take effect upon approval by electors of the City of Ithaca at the general election to be held on November 5, 1991 and its filing in the Office of the Secretary of State. Alderperson Romanowski explained the Local Law and discussion followed on the floor regarding the pros and cons of said Local Law. 16 Z/39 August 7, 1991 A vote on the Local Law resulted as follows: Ayes (5) - Booth, Daley, Hoffman, Golder, Schroeder Nays (3) - Cummings, Romanowski, Blanchard Carried * 18.2 A Local Law Amending Article II Entitled `City Officials', Section 2.6 Thereof, Entitled `Mayor, City Judge, Aldermen, Election; Terms of Office' of the Ithaca City Charter By Alderperson Romanowski: Seconded by Alderperson Hoffman LOCAL LAW NO. OF THE YEAR 1991 CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE II ENTITLED `CITY OFFICIALS', SECTION 2.6 THEROF ENTITLED `MAYOR, CITY JUDGE, ALDERMEN, ELECTION; TERMS OF OFFICE' OF THE ITHACA CITY CHARTER. co BE IT ENACTED by the Common Council of the City of Ithaca, New M York, as follows: D Section 1. Amending Section 2.6 of the City of Ithaca Charter m Q Section 2.6 of the City of Ithaca Charter is hereby amended to read as follows: Section 2.6 Mayor, City Judge, Alderpersons, Election; Terms of Office At the general election held in November nineteen hundred and twenty -five, and in each odd numbered year thereafter, a Mayor shall be elected for a term of two years. At the general election (WOO., held in November nineteen hundred and eighty -nine, and each sixth year thereafter, a city judge shall be elected for a term of six years. At the general elections held in November nineteen hundred and eighty -three and in November nineteen hundred and eighty -five one alderperson shall be elected from each of the five new wards as described in Section 1.3B of the Ithaca City Charter for a term of four years. Thereafter in each odd numbered year, one alderperson shall be elected from each such ward in place of alderperson whose term of office shall next thereafter expire, such alderperson to hold office for a term of four years. Nothing in this Section shall operate to shorten the term of any public officer in office. In the case of any special election for the office of any alderperson such vacancy shall be filled by election from either the old or new ward as the case may be from which the alderperson who caused the vacancy was elected. Section 2. Effective date. This local law shall take effect immediately and after filing in the office of the Secretary of State. Carried Unanimously * 18.3 City Election Districts By Alderperson Romanowski: Seconded by Alderperson Schroeder WHEREAS, the Tompkins County Board of Representatives has established a committee to make recommendations to the County Board regarding the issue of reapportionment, and WHEREAS, the Tompkins County Board of Representatives has established as a goal for that committee that, to the greatest extent possible, election districts for County Board Representatives shall not cross municipal boundaries, and 17 y40 August 7, 1991 WHEREAS, the City of Ithaca is establishing its own committee to make reports and recommendations to the Common Council of the City of Ithaca regarding reapportionment within the City of Ithaca, and WHEREAS, the City of Ithaca intends to establish ward boundaries which will have, to the greatest extent possible, equal populations, and WHEREAS, the City has significantly different revenue sources than the other municipalities in Tompkins County, the City is the site of many governmental, social service, public works and recreational facilities that serve the entire County, and the City is the largest municipality within the County, and WHEREAS, due to the above, the concerns of City residents are sufficiently distinct from that of residents of the County residing outside the City so that it would be difficult for a County representative to effectively represent his /her constituents if his /her constituents came from both within and without the City of Ithaca, and WHEREAS, due to the fact that the City elects its alderpersons by wards rather than at large, if election districts for County Board Representatives containing City residents are not wholly contained within the City of Ithaca, that the lines separating County election districts within the City will be different than the lines separating City election districts resulting in voter confusion, and WHEREAS, it is desirable, to avoid confusion among the voters, for intermunicipal cooperation, and for many practical reasons to have the same boundary lines used in City wards and County election districts; now, therefore, be it RESOLVED, That the City of Ithaca hereby respectfully urges the County Board that election districts for County Board Representatives containing City residents be wholly contained within the City of Ithaca and not cross City /Town boundaries. Amending Resolution By Alderperson Booth: Seconded by Alderperson Rom anowski RESOLVED, That the Sixth Whereas Clause be deleted from the resolution. Ayes (4) - Romanowski, Blanchard, Booth, Golder Nays (4) - Hoffman, Daley, Schroeder, Cummings Motion Fails Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously * 18.4 Appointment of Committee to Study Reapportionment By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That the Mayor is directed to appoint, subject to Common Council approval, a committee to study the question of reapportionment and to make recommendations regarding that subject to Common Council. The committee shall consist of nine individuals, none of whom shall be current members of Common Council. The committee shall include at least one member from each ward. The committee shall include registered Republicans and registered Democrats and at least one member who is not registered in either the Republican or Democratic party. Not more than 2/3 of the members of the committee shall belong to any one political party. 18 0 m Q August 7, 1991 The committee shall be responsible for reviewing all appropriate information regarding the subject of reapportionment and redistricting and shall make such reports and recommendations to Common Council as are appropriate, consistent with the requirements of law and the best interests of the City of Ithaca. The committee shall regularly communicate with Common Council regarding its progress on policy issues which have to be resolved. Common Council shall give such further direction to the committee as is appropriate. Carried Unanimously NEW BUSINESS * 22.1 Appointment of Marriage Officer By Alderperson Daley: Seconded by Alderperson Romanowski WHEREAS, pursuant to Section 11 of the Domestic Relations Law, the Mayor is authorized to solemnize marriages, and WHEREAS, as a result of the Mayor's schedule, occasions arise when the Mayor is requested to solemnize a marriage but is unable to do so, and WHEREAS, pursuant to Section 11 -c of the Domestic Relations Law, Common Council is authorized to appoint one or more marriage officers who shall have the authority to solemnize a marriage, and WHEREAS, at its regularly scheduled meeting on October of 1990 Common Council of the City of Ithaca appointed Carolyn Peterson as marriage officer of the City of Ithaca for a term to expire on December 31, 1991, to serve in such capacity without compensation, and WHEREAS, Carolyn Peterson will not be in the City of Ithaca for an approximately one -month period; now, therefore, be it RESOLVED, That Joe Daley is hereby appointed marriage officer for the City of Ithaca, effective immediately, for a term to expire on September 4, 1991, to serve in such capacity without compensation. Carried Unanimously * 22.2 Court Facility Design By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the City of Ithaca is in the process of designing a new court facility, to be constructed adjacent to the Hall of Justice and on the bank of Six Mile Creek, and WHEREAS, the architects for the project on July 31 presented to the Common Council for its consideration three conceptual designs for the court facility, and WHEREAS, the designs were identified as follows: #1 - Characterized by window arrangement intended to closely match that of the Hall of Justice, and by recessed windows for the courtroom; #2 - Characterized by fewer windows, and by protruding windows for the courtroom; #3 - Characterized by fewer windows, and by larger courtroom windows, which extend above the buildings roofline, and WHEREAS, the Court Facility Client Committee and the Planning and Development Board have recommended differing designs, and there is a need for a timely final decision on design; now, therefore, be it 19 ,L1 V/ `?- LI- cL August 7, 1991 RESOLVED, That the Common Council directs the architects to proceed with Design #2 for the new City Court Facility. Alderperson Hoffman explained the resolution and discussion followed on the floor. Substitute Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That the resolution read as follows: WHEREAS, the City of Ithaca is in the process of designing a new court facility, to be constructed adjacent to the Hall of Justice and on the bank of Six Mile Creek, and WHEREAS, the architects for the project on July 31 presented to the Common Council for its consideration three conceptual designs for the court facility, and WHEREAS, the designs were identified as follows: #1 - Characterized by window arrangement intended to closely match that of the Hall of Justice, and by recessed windows for the courtroom; #2 - Characterized by fewer windows, and by protruding windows for the courtroom; #3 - Characterized by fewer windows, and by larger courtroom windows, which extend above the buildings roofline, and WHEREAS, the Court Facility Client Committee and the Planning and Development Board have recommended differing designs, and there is a need for a timely final decision on design; now, therefore, be it RESOLVED, That the Common Council agrees to respect the decision of the Client Committee. Further discussion followed on the Substitute Resolution. A vote on a Motion to accept the Substitute Resolution resulted as follows: Ayes (5) - Cummings, Daley, Romanowski, Blanchard, Schroeder Nays (3) - Booth, Golder, Hoffman Carried Substitute Resolution A vote on the Substitute Resolution resulted as follows: Ayes (6) - Booth, Daley, Cummings, Schroeder, Blanchard, Romanowski Nays (2) - Hoffman, Golder Carried REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS Disability Advisory Council Alderperson Golder reported that the DAC has passed a resolution in favor of sidewalks on Elmira Road. They will be looking at schematic designs on the project and will be talking with the Planning and Development Committee. Alderperson Cummings urged Council to consider sidewalks on the Old Elmira Road. Discussion followed on the floor. The matter was referred to the Planning and Development Committee. 20 August 7, 1991 ADJOURNMENT On a motion the meeting adjourned at 11:00 p.m. Cal ista F. Paolange �i City Clerk m Q 21 Benjamin Nichols Mayor Z143 I p I a O O p m O - O FRAIKLII ST I o - r LD .oaMS =r a .y a 9 ad-11- August 7, 1991 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Rabies Task Force Mr. Donald Lein, 12 Hunters Lane, representing the Rabies Task Force of the State of New York, spoke to Council regarding the spread of rabies. He spoke of the possible use of an oral bait vaccine for raccoons and foxes in this area. He said that at a later date he will be bringing a proposal to Council to possibly use the City as a test City for the oral vaccine for rabies. GIAC Pool The following persons spoke to Council in favor of the GIAC Pool project: Wendy Kohli - 925 North Tioga Street Sue Perlgut - 104 North Titus Avenue Jacqueline Livingston - 412 North Geneva Street Diane Sams - GIAC Board (Presented letter from HOLT ArchitectS regarding pool) Northside Park Dan Cramer, 601 Willow Avenue, presented a petition with 168 signatures in support of the Northside Park. The petition is on file in the City Clerk's Office. The following persons spoke to Council in favor of the Northside Park: Jeff Greuber - Odessa, New York (Speaking for MHA of Tompkins County) Laura Lewis - 509 Willow Avenue K. Misti Wilcox - 103 Madison Street (Read letter from Sciencenter in support of Northside Park) RESPONSE TO THE PUBLIC: GIAC Pool Alderperson Romanowski stated that he wants the public to be aware that the area where the proposed pool is to be built belongs to the Ithaca School District, not to the City. Recently the City acquired a long -term lease to be able to put a pool there. Alderperson Booth stated that this Common Council is very well aware of the multiplicity of the value of the programs at GIAC and has supported and will continue to support those programs. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES Board of Public Works Commissioner Reeves reported on the following items: Results of Scavenger Days - By all reports, scavenger days seem to have been successful. The homeowners who still had items out on Monday following Scavenger Days received an additional warning about special collection fees. On Tuesday there were very few properties that did not comply. Free Parking - has been instituted at the ramps and meters on weekends in downtown Ithaca. This does not apply to the Dryden Road Garage and the merchants in that area have expressed concerns to the Board. The Board is in the process of doing further investigation and coming up with possible solutions to the Collegetown requests. Mutual Housing Association / Northside - The Board had the "power to act" today on a resolution regarding a 50 -foot right -of -way. The Board resolved that they will accept a right -of -way of 50 feet for the proposed public street, said right -of -way to begin at a point approximately 20 feet 7;iest from the eastern Mutual Housing Association property line. N August 7, 1991 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 7, 1991 PRESENT: Mayor Nichols Alderpersons (8) - Booth, Cummings, Golder, Hoffman, Daley, (4600, Romanowski, Blanchard, Schroeder ABSENT: Peterson (excused) Johnson (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer co Planning and Development Deputy Director - Sieverding Personnel Administrator - Saul Fire Chief - Olmstead Police Chief - McEwen [�] Acting Superintendent of Public Works - Gray Q Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Acting Building Commissioner - Eckstrom PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the July 3, 1991 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the July 3, 1991 Common Council meeting be approved with the addition of a memo from Alderperson Booth. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Golder requested the addition of a Resolution on accessibility of City meetings. No Council member objected. APPOINTMENTS• Board of Fire Commissioners Mayor Nichols referred to a letter from Town Supervisor Raffensperger recommending the appointment of James L. Mayer, 1251 Trumansburg Road, to the Board of Fire Commissioners, with a term to expire June 30, 1994. Mayor Nichols requested the consideration of Council for the appointment. Resolution By Alderperson Romanowski: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of James L. Mayer, 1251 Trumansburg Road to the Board of Fire Commissioners with a term to expire June 30, 1994. 1 Carried Unanimously .z7zz3 `T, 4 August 7, 1991 RESOLVED, That the Director of Planning and Development and the City Attorney are directed to investigate the exact steps that will be necessary to officially designate the park, including matters of timing, required Council action, and the precise boundaries of the area to be designated, and to report back to the Planning and Development committee as soon as possible. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Blanchard RESOLVED, That the words "City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and" in the First Resolved clause be deleted. Extensive discussion followed on the floor with Alderpersons debating the pros and cons of a park being located in this area. A vote on the Amending Resolution resulted as follows: Ayes (3) - Cummings, Romanowski, Blanchard Nays (5) - Hoffman, Booth, Golder, Schroeder, Daley Motion Fails Amending Resolution Alderperson Romanowski suggested that the First Resolved Clause read as follows: "RESOLVED, That the Common Council endorses in concept the official designation as a City park some portion of the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel ... etc." The Amending Resolution failed for lack of a second. Main Motion Further discussion followed on the Main Motion. Alderperson Booth suggested that in the first Whereas Clause the words "negotiations with" be deleted and the words "discussion among" be inserted in its place. No Council member objected to the change. Alderperson Booth wanted the record to be clear that the Council is talking about one -third of the Pogo Parcel and the Lake Avenue right -of -way.. A vote on the Main Motion resulted as follows: Ayes (5) - Booth, Hoffman, Daley, Golder, Schroeder Nays (3) - Cummings, Blanchard, Romanowski Carried The Main Motion shall read as follows: WHEREAS, the Common Council, after extensive discussion among neighborhood residents and other interested parties, has approved the overall plan for development of the Northside; and WHEREAS, this plan calls for the creation of a new City park adjacent to Cascadilla Creek; now, therefore, be it RESOLVED, That the Common Council endorses in concept the official designation as a City park the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and the right -of -way of Lake Avenue, between Adams Street and Route 13, and be it further 4 A �112r August 7, 1991 Designation of Park /Northside - There was some concern expressed at the Board meeting today regarding the designation of the park, particularly because the Mayor has asked the Board to hold the line on the 1992 Department Budget. Parks Commission - a representative from the Parks Commission spoke to the Council in favor of the creation of the Northside Park. COMMUNICATIONS FROM THE MAYOR State of the 1991 Budget Mayor Nichols made the following statement: "Let me give you a brief report on the state of the 1991 budget. While there is no such thing as good news when talking about our cuts, I can report that we are on target with the goals set in the necessary reductions to make up for the unanticipated loss of almost $800,000 in State Aid. All department heads have been working diligently to make the required cuts. Each has met with me, or Dominick Cafferillo, or both at once to outline in detail the steps they are taking to meet the goals. These will be reported in detail to the Budget and Administration Committee. The bad news is that we have other shortfalls - possibly amounting m to $550,000 to make up. Our health care costs may exceed the Q budget by $250,000 and our income from sales tax and mortgage tax may be short of budget estimates by about $300,000. So we are looking for other cuts and revenue sources - such as use of CHIPS money for capital construction being done by our own forces. As Council knows - and as has been explained to our employee unions, there is no potential savings in use of the State official retirement incentive. As adopted it seems to be a plan to enrich the State Retirement System. We are examining the possibility of a City generated incentive for potential retirees and are open to suggestions from the unions on what might be attractive to employees and financially attractive to the City." REPORT OF CITY ATTORNEY City Attorney Guttman reported on City Court matters that have been resolved, and several City Court cases which are pending. He also reported on a case that is in Supreme Court at this time. City Attorney Guttman reported on arbitrations and labor matters that are in negotiations at this time. City Attorney Guttman reported that the agreement between the Town and the City regarding the South Hill Recreation Way has been signed. PLANNING AND DEVELOPMENT COMMITTEE * 15.1 Northside Neighborhood Park By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the Common Council, after extensive negotiation with neighborhood residents and other interested parties, has approved the overall plan for development of the Northside; and WHEREAS, this plan calls for the creation of a new City park adjacent to Cascadilla Creek; now, therefore, be it RESOLVED, That the Common Council endorses in concept the official designation as a City park the City -owned property roughly comprising the easterly one -third of the block known as the Pogo Parcel, and the right -of -way of Lake Avenue, between Adams Street and Route 13, and be it further 3 4�8 August 7, 1991 The Main Motion as Amended shall read as follows: WHEREAS, the City of Ithaca has agreed to sell a .portion of the property known as the `Pogo Parcel' to the Tompkins County Mutual Housing Association (MHA), and in such contract has granted to MHA an option to acquire an additional portion of the property, and WHEREAS, a master site plan for the area has been developed which includes provision for construction of a street along the eastern boundary of the said option parcel, and WHEREAS, the exact location of that street and its right -of -way are an important element in establishing the exact layout of the proposed MHA development, and WHEREAS, the Planning and Development Committee as well as other Council members have reviewed the proposed MHA site plan and the other public and private improvements to be constructed in the area; now, therefore, be it RESOLVED, That the right -of -way over which this street shall run is to be located approximately 20 feet west of the eastern boundary of the option parcel, as shown on the map dated August 7, 1991. (Map is attached to Minute Book). , * 15.3 Route 96 By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the approved design for the Route 96 improvements includes reconstruction of Meadow Street and Fulton Street as a one -way pair with Fulton Street serving southbound traffic, and WHEREAS, the Route 96 Improvement Project's primary objective is to provide acceptable traffic capacity and represents a considerable investment of Federal and State funds for this purpose, and WHEREAS, the design calls for three traffic lanes on Fulton Street with no on- street parking, and WHEREAS, the City has requested that the New York State Department of Transportation ( NYSDOT) allow one lane of parking on Fulton Street using only two lanes for moving traffic until the level of service deteriorates below that specified for the Route 96 Improvement Project, and WHEREAS, the City's request acknowledges that the parking lane is anticipated to be converted to a moving lane if, and when, the traffic volumes require additional capacity, and WHEREAS,the NYSDOT has determined that at such time when the Average Annual Daily Traffic on Fulton Street reaches a value of 11,500, or earlier if the level of service on approach roadways to Fulton Street deteriorates below Level D, the on- street parking along Fulton Street will be eliminated to maintain the level of service mandated by the project's design criteria, and WHEREAS, the NYSDOT has stipulated that the area of parking must be limited to the east side of Fulton Street between the Esty Street and Buffalo Street intersections only, and WHEREAS, the City of Ithaca's zoning ordinance requires that off street parking be provided for any change in property use, and WHEREAS, the New York State Department of Transportation has requested that the City of Ithaca agree to cooperate with New York State Department of transportation on management of the Fulton /Meadow one -way pair, and Lei Zf ),7 August 7, 1991 RESOLVED, That the Director of Planning and Development and the City Attorney are directed to investigate the exact steps that will be necessary to officially designate the park, including matters of timing, required Council action, and the precise boundaries of the area to be designated, and to report back to the Planning and Development committee as soon as possible. * 15.2 Location of New Street By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has agreed to sell a portion of the property known as the `Pogo Parcel' to the Tompkins County Mutual Housing Association (MHA), and in such contract has granted to MHA an option to acquire an additional portion of the property, and WHEREAS, a master site plan for the area has been developed which includes provision for construction of a street along the eastern boundary of the said option parcel, and WHEREAS, the exact location of that street and its right -of -way are co an important element in establishing the exact layout of the M proposed MHA development, and D WHEREAS, the Planning and Development Committee as well as other Co Council members have reviewed the proposed MHA site plan and the Q other public and private improvements to be constructed in the area; now, therefore, be it RESOLVED, That the Council does hereby approve that the pavement width of the new street shall be 22 feet with the center line of such pavement to be located on the line between the eastern boundary of the said option parcel and the western boundary of the property being retained by the City, which is proposed to be used as a new City park, and be it further RESOLVED, That the western boundary of the right -of -way over which this street shall run is to be located approximately 20 feet west of the center line of the pavement of the new street. Mayor Nichols reported that at the Board of Public Works meeting today, City Engineer Gray suggested that it would be a better design if the width of the street were to be 18 feet rather than 22 feet, which would allow for lawn /curb planning area in front of the Mutual Housing. He felt that 18 feet would be sufficient for the traffic and for parking. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That the first Resolved Clause be deleted from the resolution. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the remaining Resolved Clause read as follows: "RESOLVED, That the right -of -way over which this street shall run is to be located approximately 20 feet west of the eastern boundary of the option parcel, as shown on the map dated August 7, 1991. (Map is attached to Minute Book)." Carried Unanimously 5 7,'- August 7, 1991 WHEREAS, the New York State Department of Transportation has expressed a willingness to investigate the possibility of constructing neighborhood parking areas to serve those -homes and businesses fronting on the proposed widened Fulton Street as well as commuter parking lots at the City's periphery to be funded by the Route 96 Project; now, therefore, be it RESOLVED, That the City of Ithaca acknowledges that cooperation between the City and New York State Department of Transportation will be essential for proper management of the roadway system included in the Route 96 project, and be it further RESOLVED, That the City of Ithaca does hereby advise NYSDOT that it will cooperate with the Department of Transportation in monitoring the increases in traffic volume over the life of the Route 96 project, and be it further RESOLVED, That the City of Ithaca agrees to the removal of the (� parking on Fulton Street if and when the New York State Department co of Transportation determines that traffic volumes require such M change. Discussion followed on the floor. m < A vote on the resolution resulted as follows: Carried Unanimously * 15.4 Cornell /City Relations By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Mayor of the City of Ithaca appointed a Commission to make a comprehensive study of the many interactions between Cornell University and the City of Ithaca, and (40.", WHEREAS, that Commission met over a period of one year to study these matters, and WHEREAS, the Commission has made its report to the Mayor and Common Council of the City of Ithaca, and has made numerous recommendations; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby accept for consideration the report of the Cornell - City Relations Study Commission and, be it further RESOLVED, That the Council does hereby invite Cornell University to respond to the findings and recommendations of the Commission. Discussion followed on the floor. Alderperson Booth, for the record, stated that he has recently become the Chairperson of the Department of City and Regional Planning at Cornell University. He said that he intends to vote and participate on all matters dealing with Cornell unless he perceives it is a conflict of interest, at which time he will say something about it. A vote on the resolution resulted as follows: Carried Unanimously Moment of Silence and Expression of Sympathy Alderperson Hoffman read the following statement into the record: "During the past month this community lost an extremely dedicated public servant. I'm referring to Ethel Nichols, who had a life- long commitment to social justice and civic involvement in this community. Ethel served for many years on this Common Council, as well as the Tompkins County Board of Representatives. 7 August 7, 1991 I think it is appropriate that this Council extend our sympathy to Mayor Nichols for his personal loss and we express our deep appreciation for Ethel Nichol's contributions to Ithaca." The Common Council observed a Moment of Silence in honor of Ethel Nichols. BUDGET AND ADMINISTRATION COMMITTEE * 16.1 GIAC - Request. to Amend Architectural Contract for GIAC Renovations Project By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the total projected cost of completing design development of the GIAC building renovations, including the provision of a more definitive cost estimate, is $19,500., and WHEREAS, the original agreement with Sear Brown Group established an amount not to exceed $12,000. for the performance of said 1 services• now therefore, be it origina , RESOLVED, That the Mayor is amendment to said agreement for $7,500., which amount shall be established for this project. hereby authorized to execute an an additional amount not to exceed paid from the Capital Project fund Carried Unanimously * 16.2 GIAC Request to Increase Authorization of Capital Project #217 GIAC Pool Project By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the conceptual design of the GIAC Pool project has been completed, and WHEREAS, based on said design, the Client Committee has recommended that the original project authorization of $450,000. be amended to reflect a revised scope of work and the corresponding projected increase in cost, and WHEREAS, due to budgetary constraints, the B &A Committee has recommended certain further economies should be made in the design of the facility; now, therefore, be it RESOLVED, That Capital Project #217 for the construction of the GIAC Pool be amended from $450,000. to a maximum cost of $520,000., and be it further RESOLVED, That the additional $70,000. be financed as follows: A. Down payment of $3,500. shall be transferred from Account A1990 Unrestricted Contingency. B. The balance of $66,500 shall be derived from the issuance of Serial Bonds. Alderperson Booth explained the resolution and discussion followed on the floor, with Mr. Cohen, Director of the Youth Bureau responding to questions from Council members. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That, in the First Resolved Clause, the maximum amount be changed to $550,000 to include the pavillion and that the figures in the last Resolved clause be changed accordingly. Discussion followed on the floor. N. August 7, 1991 A vote on the Amending Resolution resulted as follows: Ayes (4) - Daley, Cummings, Schroeder, Golder Nays (4) - Booth, Romanowski, Blanchard, Hoffman Mayor Nichols voted aye, breaking the tie. After extensive discussion regarding whether or not the Mayor's vote would be counted as a fifth vote sufficient for passage, the Mayor withdrew his vote. Therefore, the amendment failed. Mayor Nichols asked that the matter be taken up again at the Budget and Administration Committee meeting in August, and brought back to Council. Further discussion followed on the floor. A vote on the Main Motion resulted as follows: Carried Unanimously Recess M Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. co * 16.3 Youth Bureau Request to Amend 1991 Youth Bureau Budget < By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the City of Ithaca Youth Bureau will be receiving an additional $9,438. in funding from the Ithaca City School District for an expansion of the Access to College and Employment Program, and WHEREAS, the program funding will assist a group of students in the transition from elementary school to middle school; now, therefore, be it RESOLVED, That, contingent upon the Youth Bureau's receipt of such funding, the Youth Bureau Personnel Roster be amended as follows: Add: One (1) Youth Worker Reclassify: One (1) Youth Worker to One (1) Youth Program Coordinator and be it further RESOLVED, That the additional roster positions established as a result of this funding are subject to the continuation of such funding from the Ithaca City School District, and be it further RESOLVED, That the 1991 Youth Bureau Budget be amended as follows: Increase Revenue Account: A 2070 Contributions to Youth $9,438. Increase Appropriation Accounts: A 7310 - 110 $7,470. A 9030 $ 571. A 9040 $1,397. and be it further RESOLVED, That the Common Council Resolutions 17.3 and 17.5 pertaining to the Youth Bureau approved at the July 3, 1991 Common Council meeting shall be amended by replacing the language "temporary positions" with the language "positions are contingent on the continuation of the Grant Funding ". Carried Unanimously 9 z,y ! tf34 August 7, 1991 * 16.4 Police Department Request for Transfer of Funds By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That $400. be transferred from Account A690 -8 Drug Seizure monies to Account A3120 -405 Telephone Services, to cover the cost of installing an additional investigative phone line for the Police Department. Carried Unanimously * 16.5 Police Department Request to Hire Police Dispatcher Above Step 1 By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Bruce Holmstock be appointed to the position of Police Dispatcher at an annual salary of $16,554., that being Step 3 on the 1991 CSEA Administrative Unit Compensation Plan, effective August 5, 1991. Carried Unanimously * 16.6 Police Department Request to Hire Administrative Secretary By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Personnel Roster of the Police Department be amended as follows: Delete: One (1) Confidential Secretary to the Police Chief Add One (1) Administrative Secretary and be it further RESOLVED, That the transfer of Cornell from the Department of Department be approved at an annual Step 5 on the 1991 Confidential effective August 26, 1991. Administrative Secretary Lisa Public Works to the Police salary of $20,274., that being Employees Compensation Plan, Carried Unanimously * 16.7 Attorney Request City of Ithaca to Defend City Employees in Future Litigation (An Ordinance Amending Chapter 5 Entitled `City Officers and Employees' of the City of Ithaca Municipal Code) By Alderperson Booth: Seconded by Alderperson Schroeder ORDINANCE NO. 91- An Ordinance amending Chapter 5 entitled "City Employees" of the City of Ithaca Municipal Code BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. That Chapter 5, entitled "City Officers and Employees of the City of Ithaca Municipal Code is amended to add a new Article to read as follows: A new Article to be known and designated as Article IV, to follow Article III, and is hereby added to said Chapter to read as follows: ARTICLE IV REIMBURSEMENT OF DEFENSE COSTS OF CITY EMPLOYEES FOR CIVIL ACTIONS. Section 5.40 Subject to the limitations set forth in subsequent sections of this Article, the City of Ithaca desires to and hereby does provide for the defense of its officers and employees, whether the employee is sued individually or in his or her capacity as a City officer or employee, in all civil actions and proceedings, whether in state or 10 7J� August 7, 1991 federal court, based on acts or omissions alleged to have occurred while the officer or employee was acting within the scope of his or her duties for the City of Ithaca. Section 5.41 Employee: The term employee shall mean any commissioner, member of a public board or commission, trustee, director, officer, employee, volunteer expressly authorized to participate in publicly sponsored volunteer programs, or any other person holding a position by election, appointment or employment, including the City Attorney, in the service of the City of Ithaca, whether or not compensated. The term "employee" shall include a former employee, his or her estate or judicially appointed personal representative. Section 5.42 Limited Right to Defense: The City of Ithaca shall defend or provide for the defense of its employees and officers in any civil action or proceeding, State or federal, arising out of any alleged act or omission which occurred or (` allegedly occurred while the employee was acting within the scope CD of his or her public employment or duties. This duty to provide M for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the City. CO Section 5.43 Limited right to private representation: < Subject to the conditions set forth in the preceding paragraph, the employee shall be entitled to be represented by private counsel of his or her choice in any civil action or proceeding whenever the City Attorney or other counsel designated by the City determines that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise by special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his or her choice. The City Attorney or other counsel designated by the City may require, as a condition of the payment of the fees and expenses of such representation, that appropriate groups of employees be represented by the same counsel. Reasonable attorney's fees and litigation expenses shall be paid by the City to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Budget & Administration Committee of Common Council. Section 5.44 Disputes: Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by a court upon motion or by way of a special proceeding if it cannot be resolved by the employee and the City Attorney or the Budget & Administration Committee. Section 5.45 Duty to avoid default: Where an employee delivers process and a written request for defense to the City pursuant to Section 5.49 below, the City shall take the necessary steps on behalf of the employee to avoid the entry of a default judgment pending resolution of any question pertaining to the obligation to provide a defense. Section 5.46 Conditions on duty to defend: The duty to defend or indemnify and save harmless prescribed by this Article shall be conditioned upon: a. delivery by the employee to the City Attorney a written request to provide for his or her defense together with the original or a copy of any summons, complaint, process, notice, demand or pleading, within ten (10) days after he or she is served within such document, and 11 1434 August 7, 1991 b. the full cooperation of the employee in the defense of any such action or proceeding against the City based on the same act or omission, and the assistance of the employee in the prosecution of any appeal. Section 5.47 The benefits of this Article shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this Article be construed to affect, alter, or repeal any provision of the worker's compensation law. Section 5.48 This Article does not in any way affect the obligation of any claimant to give notice to the City as required under Section 50 -e of the General Municipal Law or. any other provision of law. Alderperson Booth requested City Attorney Guttman to look at Section 5.43 to check the wording of the paragraph. Discussion followed on the floor. City Attorney Guttman will review Section 5.43 and report back to Council. A vote on the Ordinance resulted as follows: Carried Unanimously * 16.8 Request ._for Council Members to Maintain a Time Loq By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That each Alderperson is urged to maintain a record of his /her duties as a Council member for the period of September 1991, which record shall be utilized to create a more realistic definition of the average amount of time per week that the City assumes is required for a Council member to undertake the duties of his /her office. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.9 Planning Department Request to Increase Authorization of Capital Project #229 - Joint Transit Facility By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the revised total estimated cost of the Joint Transit Facility Project is $6,074,966., and WHEREAS, the local share of $2,376,966. for that facility will be allocated as follows: A. Cornell University $1,188,484 B. Tompkins County 594,241 C. City of Ithaca 594,241 $2,376,966 and WHEREAS, with respect to the City's share of the costs of this project, the City is providing land valued at $346,000. and equipment valued at $16,000. to the project, thereby leaving a balance of $232,241. to be funded, and WHEREAS, Capital Project #229 was established in 1990 and amended in 1991 by advancing a total of $65,000. from Capital Reserve #22 for Bus Acquisition; now, therefore, be it RESOLVED, That Capital Project #229 is hereby amended to a maximum authorized cost of $232,241., to be financed as follows: 12 gale August 7, 1991 * 16.13 Attorney Request Additional Funds for Litigation By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That $1,000. be transferred from Account A1990 Unrestricted Contingency, to Account A1420 -435 City Attorney Contractual Services, to pay for additional legal services in connection with litigation brought in Nevada against the City. Carried Unanimously * 16.14 Attorney Request Additional Funds for Central Processing Facility By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the City has received the final bill regarding the appeal of the Central Processing Facility lawsuit decision, and WHEREAS, the final bill is greater than the original amount estimated for the appeal process; now, therefore, be it RESOLVED, That $3,751.00 be transferred from Account A1990, Unrestricted Contingency, to Account A1420 -435, City Attorney Contractual Services, to pay the final bill relative to the Central Processing Facility lawsuit appeal. Discussion followed on the floor with City Attorney Guttman answering questions from Council members. Amending Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That the amount to be transferred in the final Resolved clause be changed to $1,519.38. Ayes (3) - Schroeder, Daley, Blanchard Nays (4) - Booth, Romanowski, Golder, Cummings Abstention (1) - Hoffman Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (3) - Cummings, Booth, Golder Nays (4) - Schroeder, Daley, Blanchard, Romanowski Abstention (1) - Hoffman Motion Fails Alderperson Booth requested the re- introduction of the Amending Resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the amount to be transferred in the final Resolved clause be changed to $1,519.38. Ayes (6) - Booth, Romanowski, Scroeder Nay (1) - Cummings Abstention (1) - Hoffman Golder, Daley, Blanchard, Carried * 16.15 DPW Appropriation of Capital Reserve Fund Moneys By Alderperson Booth: Seconded by Alderperson Romanowski. WHEREAS, unforeseen emergency repairs were made to sanitary sewer lines in connection with the East Clinton Street Bridge Project; now, therefore, be it RESOLVED, That $12,657. be transferred from Capital Reserve #17 for Sewer Construction, to Capital Project #251 East Clinton Street Bridge Improvements, to finance the cost of such emergency repairs. Carried Unanimously 14 X35" August 7, 1991 A. The statutory 5% down payment shall be funded from Capital Reserve #22 for Buses $ 11,612 B. The balance of $220,629. shall be financed by the issuance of Serial Bonds $220,629 Total $232,241 (4wel Amending Resolution By Alderperson Golder: Seconded by Alderperson Blanchard RESOLVED, That there be two additional Resolved Clauses added to the resolution to read as follows: "RESOLVED, That Common Council states that the goals of the Joint Transit Facility are to reduce costs, increase efficiency, and create an expanded and co- ordinated public transit system throughout the county, and be it further co RESOLVED, That Common Council requests that the Memorandum of M Understanding between Cornell, Tompkins County, the City of Ithaca and Gad - about, reflect the above goals and express the commitment of all parties to these goals." Carried Unanimously Discussion followed on the Main Motion as Amended. A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Booth, Golder, Blanchard, Hoffman, Daley, Romanowski, Schroeder Nay (1) - Cummings (40w, Carried * 16.10 Planning Department Request to Hire Architect for Daycare Center Acquisition and Renovation Project By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, the Client Committee for a Day Care Facility at 201 -205 East Tompkins Street in the City of Ithaca has reviewed proposals for the provision of a feasibility analysis including conceptual design services in connection with proposed renovation to the former B T Glass Building, and WHEREAS, Matrix Architects has been selected to perform said services; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an agreement with Matrix Architects for the provision of said services at a cost not to exceed $4,020., which amount shall be paid from the Capital Project fund established for this project. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.11 DPW Request to Hire Assistant Superintendent of Streets and Facilities By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That Richard L. Ferrel be provisionally appointed to the position of Assistant Superintendent of Public Works - Streets and Facilities, at an annual salary of $43,000, effective August 12, 1991. Carried Unanimously 13 L /�0 August 7, 1991 Review Committee for Human Services Agencies Mayor Nichols reported that he has appointed Alderpersons Johnson, Cummings and Booth to serve on the Review Committee for Community Service= Agencies. CHARTER AND ORDINANCE COMMITTEE * 18.1 A Local Law Amending Article II Entitled 'City Officials', Section 2.6 Thereof Entitled 'Mayor, City Judge, Aldermen, Election; Terms of Office' of the Ithaca Ci.tV Charter By Alderperson Romanowski: Seconded by Alderperson Booth WHEREAS, Section 2.6 of Article II of the City of Ithaca Charter provides that alderpersons are elected for four -year staggered terms with one -half of the alderpersons being elected every two years, and WHEREAS, as the result of the 1990 census the City of Ithaca is considering the need for reapportionment and expects to have such reapportionment completed prior to the 1993 general election; and in order to properly accomplish reapportionment all alderpersons should be selected at once in 1993 on the reapportionment basis, and WHEREAS, the City wishes to continue the concept of alderpersons serving staggered terms; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, New York, enacts the following Local Law: LOCAL LAW NUMBER OF THE YEAR 1991 A LOCAL LAW AMENDING ARTICLE II ENTITLED 'CITY OFFICIALS', SECTION 2.6 THEREOF ENTITLED 'MAYOR, CITY JUDGE, ALDERMEN, ELECTION; TERMS OF OFFICE' OF THE ITHACA CITY CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending Section 2.6 of the City of Ithaca Charter by Adding a Paragraph to the End of the Section. Section 2.6 of the City of Ithaca Charter is hereby amended to read as follows: Section 2.6 Mayor, City Judge, Alderperson, Election; Terms of Office Notwithstanding the above, the term of all alderpersons elected in November, 1991, shall be for a period of two years. The term of one half of the alderpersons elected in November, 1993, shall be for a period of four years. The term of one half of the alderpersons elected in November, 1993, shall be for a period of two years. Thereafter, the term of all alderpersons shall revert to four years. Section 2. Effective and operative date. This local law shall become operative immediately and shall take effect upon approval by electors of the City of Ithaca at the general election to be held on November 5, 1991 and its filing in the Office of the Secretary of State. Alderperson Romanowski explained the Local Law and discussion followed on the floor regarding the pros and cons of said Local Law. 16 2137 August 7, 1991 * 16.16 Attorney Request to Pursue Litigation Against Tompkins County By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Assistant City Attorney is hereby authorized to pursue litigation against the Tompkins County Board of Assessment and Review, and the Tompkins County Division of Assessment relative to the tax exempt status of the City Hall Annex property. Carried Unanimously * 16.17 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract 12/1991 in the total amount of $46,315.00, be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE Human Services Coalition Review - Report Alderperson Cummings reported that the Human Services Coalition review will be received by the Human Services Committee in time for action in September. She said they hope to make recommendations on the Community Service Agency requests at the August meeting of the Human Services Committee. (�] Citizen Pruners - Report Q Alderperson Cummings reported that the Citizen Pruners program is progressing. So far there have been 256 hours spent in volunteer pruning and tree trimming. * 17.3 Accessibility of City Sponspored Public Meetings By Alderperson Golder: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has a commitment to ensuring that its citizens, regardless of disability, may attend City sponsored public meetings, and WHEREAS, the Disability Advisory Council for the City of Ithaca has informed the Human Services Committee that certain City sponsored public meetings have been scheduled at sites and in facilities which are not accessible and where accessible restrooms are unavailable, and WHEREAS, the City wishes to ensure that all City sponsored public meetings meet current state and federal standards for accessibility; now, therefore, be it RESOLVED, That the City Attorney's Office is directed to draft a memorandum reflecting the state of the current law on access to public meetings and facilities and to include a projection of the future impact of the Americans with Disabilities Act scheduled to become effective in January of 1992 for the purpose of ensuring that all public meetings of the City are conducted in a public forum accessible to all citizens. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Food Distribution in the City - Southern Tier Food Bank - Report Alderperson Blanchard reported that the Human Services Committee has heard from people who are involved with the food networks, both in the City and throughout the County and there is a perception that perhaps there needs to be more distribution centers within the City other than the one that is located at the Salvation Army and the pantries that are operated by the Red Cross at their two shelters. There will be a more detailed report forthcoming. 15 q-4d August 7, 1991 WHEREAS, the City of Ithaca is establishing its own committee to make reports and recommendations to the Common Council of the City of Ithaca regarding reapportionment within the City of Ithaca, and WHEREAS, the City of Ithaca intends to establish ward boundaries which will have, to the greatest extent possible, equal populations, and WHEREAS, the City has significantly different revenue sources than is the site the other municipalities in Tompkins County, the City of many governmental, social service, public works and recreational facilities that serve the entire County, and the City is the largest municipality within the County, and WHEREAS, due to the above, the concerns of City residents are sufficiently distinct from that of residents of the County residing outside the City so that it would be difficult for a County representative to effectively represent his /her constituents if his /her constituents came from both within and without the City of Ithaca, and WHEREAS, due to the fact that the City elects its alderpersons by wards rather than at large, if election districts for County Board Representatives containing City residents are not wholly contained within the City of Ithaca, that the lines separating County election districts within the City will be different than the lines separating City election districts resulting in voter confusion, and WHEREAS, it is desirable, to avoid confusion among the voters, for intermunicipal cooperation, and for many practical reasons to have the same boundary lines used in City wards and County election districts; now, therefore, be it RESOLVED, That the City of Ithaca hereby respectfully urges the County Board that election districts for County Board Representatives containing City residents be wholly contained within the City of Ithaca and not cross City /Town boundaries. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Sixth Whereas Clause be deleted from the resolution. Ayes (4) - Romanowski, Blanchard, Booth, Golder Nays (4) - Hoffman, Daley, Schroeder, Cummings Motion Fails Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously * 18.4 Appointment of Committee to Study Reapportionment By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That the Mayor is directed to appoint, subject to Common Council approval, a committee to study the question of reapportionment and to make recommendations regarding that subject to Common Council. The committee shall consist of nine individuals, none of whom shall be current members of Common Council. The committee shall include at least one member from each ward. The committee shall include registered Republicans and registered Democrats and at least one member who is not registered in either the Republican or Democratic party. Not more than 2/3 of the members of the committee shall belong to any one political party. 18 V39 August 7, 1991 A vote on the Local Law resulted as follows: Ayes (5) - Booth, Daley, Hoffman, Golder, Schroeder Nays (3) - Cummings, Romanowski, Blanchard Carried * 18.2 A Local Law Amending Article II Entitled 'City Officials', Section 2.6 Thereof, Entitled 'Mayor, City Judge, Aldermen, Election; Terms of Office' of the Ithaca Citv Charter By Alderperson Romanowski: Seconded by Alderperson Hoffman LOCAL LAW NO. OF THE YEAR 1991 CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE II ENTITLED 'CITY OFFICIALS', SECTION 2.6 THEROF ENTITLED 'MAYOR, CITY JUDGE, ALDERMEN, ELECTION; TERMS OF OFFICE' OF THE ITHACA CITY CHARTER. co BE IT ENACTED by the Common Council of the City of Ithaca, New M York, as follows: D Section 1. Amending Section 2.6 of the City of Ithaca Charter m Q Section 2.6 of the City of Ithaca Charter is hereby amended to read as follows: Section 2.6 Mayor, City Judge, Alderpersons, Election; Terms of Office At the general election held in November nineteen hundred and twenty -five, and in each odd numbered year thereafter, a Mayor shall be elected for a term of two years. At the general election held in November nineteen hundred and eighty -nine, and each sixth year thereafter, a city judge shall be elected for a term of six years. At the general elections held in November nineteen hundred and eighty -three and in November nineteen hundred and eighty -five one alderperson shall be elected from each of the five new wards as described in Section 1.3B of the Ithaca City Charter for a term of four years. Thereafter in each odd numbered year, one alderperson shall be elected from each such ward in place of alderperson whose term of office shall next thereafter expire, such alderperson to hold office for a term of four years. Nothing in this Section shall operate to shorten the term of any public officer in office. In the case of any special election for the office of any alderperson such vacancy shall be filled by election from either the old or new ward as the case may be from which the alderperson who caused the vacancy was elected. Section 2. Effective date. This local law shall take effect immediately and after filing in the office of the Secretary of State. Carried Unanimously * 18.3 City Election Districts By Alderperson Romanowski: Seconded by Alderperson Schroeder WHEREAS, the Tompkins County Board of Representatives has established a committee to make recommendations to the County Board regarding the issue of reapportionment, and WHEREAS, the Tompkins County Board of Representatives has established as a goal for that committee that, to the greatest extent possible, election districts for County Board Representatives shall not cross municipal boundaries, and 17 4- Ll- � August 7, 1991 RESOLVED, That the Common Council directs the architects to proceed with Design #2 for the new City Court Facility. Alderperson Hoffman explained the resolution and discussion followed on the floor. Substitute Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That the resolution read as follows: WHEREAS, the City of Ithaca is in the process of designing a new court facility, to be constructed adjacent to the Hall of Justice and on the bank of Six Mile Creek, and WHEREAS, the architects for the project on July 31 presented to the Common Council for its consideration three conceptual designs for the court facility, and WHEREAS, the designs were identified as follows: #1 - Characterized by window arrangement intended to closely match that of the Hall of Justice, and by recessed windows for the courtroom; #2 - Characterized by fewer windows, and by protruding windows for the courtroom; #3 - Characterized by fewer windows, and by larger courtroom windows, which extend above the buildings roofline, and WHEREAS, the Court Facility Client Committee and the Planning and Development Board have recommended differing designs, and there is a need for a timely final decision on design; now, therefore, be it RESOLVED, That the Common Council agrees to respect the decision of the Client Committee. Further discussion followed on the Substitute Resolution. A vote on a Motion to accept the Substitute Resolution resulted as follows: Ayes (5) - Cummings, Daley, Romanowski, Blanchard, Schroeder Nays (3) - Booth, Golder, Hoffman Carried Substitute Resolution A vote on the Substitute Resolution resulted as follows: Ayes (6) - Booth, Daley, Cummings, Schroeder, Blanchard, Romanowski Nays (2) - Hoffman, Golder Carried REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS Disability Advisory Council Alderperson Golder reported that the DAC has passed a resolution in favor of sidewalks on Elmira Road. They will be looking at schematic designs on the project and will be talking with the Planning and Development Committee. Alderperson Cummings urged Council to consider sidewalks on the Old Elmira Road. Discussion followed on the floor. The matter was referred to the Planning and Development Committee. 20 L` V/ August 7, 1991 The committee shall be responsible for reviewing all appropriate information regarding the subject of reapportionment and redistricting and shall make such reports and recommendations to Common Council as are appropriate, consistent with the requirements of law and the best interests of the City of Ithaca. The committee shall regularly communicate with Common Council regarding its progress on policy issues which have to be resolved. Common Council shall give such further direction to the committee as is appropriate. Carried Unanimously NEW BUSINESS * 22.1 Appointment of Marriage Officer By Alderperson Daley: Seconded by Alderperson Romanowski WHEREAS, pursuant to Section 11 of the Domestic Relations Law, the Mayor is authorized to solemnize marriages, and WHEREAS, as a result of the Mayor's schedule, occasions arise when co the Mayor is requested to solemnize a marriage but is unable to do M so, and WHEREAS, pursuant to Section 11 -c of the Domestic Relations Law, [n Common Council is authorized to appoint one or more marriage Q officers who shall have the authority to solemnize a marriage, and WHEREAS, at its regularly scheduled meeting on October of 1990 Common Council of the City of Ithaca appointed Carolyn Peterson as marriage officer of the City of Ithaca for a term to expire on December 31, 1991, to serve in such capacity without compensation, and WHEREAS, Carolyn Peterson will not be in the City of Ithaca for an approximately one -month period; now, therefore, be it RESOLVED, That Joe Daley is hereby appointed marriage officer for the City of Ithaca, effective immediately, for a term to expire on September 4, 1991, to serve in such capacity without compensation. Carried Unanimously * 22.2 Court Facility Design By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the City of Ithaca is in the process of designing a new court facility, to be constructed adjacent to the Mall of Justice and on the bank of Six Mile Creek, and WHEREAS, the architects for the project on July 31 presented to the Common Council for its consideration three conceptual designs for the court facility, and WHEREAS, the designs were identified as follows: #1 - Characterized by window arrangement intended to closely match that of the Hall of Justice, and by recessed windows for the courtroom; #2 - Characterized by fewer windows, and by protruding windows for the courtroom; #3 - Characterized by fewer windows, and by larger courtroom windows, which extend above the buildings roofline, and WHEREAS, the Court Facility Client Committee and the Planning and Development Board have recommended differing designs, and there is a need for a timely final decision on design; now, therefore, be it 19 August 7, 1991 ADJOURNMENT On a motion the meeting adjourned at 11:00 p.m. i% J _ 1 ��L���L .s ALL_ C- aIista F. Paolangei City Clerk Q 21 S Benjamin Nichols Mayor 21143 I L� p o o - o a vnanrciln s1 �a I � �jc J b a 9 I E