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.
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Carried Unanimously
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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:
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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
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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.
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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
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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
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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
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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
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Benjamin Nichols
Mayor
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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C- aIista F. Paolangei
City Clerk
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Benjamin Nichols
Mayor
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