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HomeMy WebLinkAboutMN-CC-1992-01-01 January 1, 1992 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 11:00 a.m. January 1, 1992 PRESENT: Mayor Nichols Council Members - Romanowski, Blanchard, Booth, Schroeder, Golder, Peterson, Hoffman, Johnson, Cummings, Daley Council Members-Elect - Efroymson, Berg OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo Deputy City Clerk - Conley-Boyle Police Chief - McEwen Assistant Superintendent - Streets & Facilities - Ferrel Board of Public Works Commissioner - Reeves Fire Chief - Olmstead City Chamberlain - Parsons Planning and Development Deputy Director - Sieverding City Planner - Foster PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the December 4, 1991 Common Council Meeting By Council Member Hoffman: Seconded by Council Member Schroeder RESOLVED, That the Minutes of the December 4, 1991 Common Council Meeting be approved as published. Carried Unanimously DISMISSAL OF OUTGOING COUNCIL: Mayor Nichols thanked outgoing Council Members Peterson and Cummings for their years of dedicated service to the City and several Council Members presented them with gifts and made remarks regarding their tenure with Council and their many contributions to the community. OATH OF OFFICE - MAYOR NICHOLS: Mayor Nichols took the oath of office and was sworn in by City Clerk Paolangeli. OATH OF OFFICE - COUNCIL MEMBERS-ELECT Mayor Nichols called the newly elected and re-elected Council Members to the rostrum to be sworn into their respective offices: Robert Romanowski - re-elected from First Ward John Johnson - re-elected from Third Ward Neil Golder - re-elected from Fourth Ward Richard Berg - newly elected from Fifth Ward John Efroymson - newly elected from Second Ward The newly elected and re-elected Council Members took the Oath of Office and were sworn in by City Clerk Paolangeli. ELECTION OF ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the position of Acting Mayor. Council Member Booth nominated Council Member Hoffman for the position and his nomination was seconded by Council Member January 1, 1992 2 Johnson. The motion carried unanimously. Council Member Hoffman took the Oath of Office and was sworn in by City Clerk Paolangeli. ALTERNATE ACTING MAYOR: Mayor Nichols entertained nominations from the floor for the position of Alternate Acting Mayor. Council Member Golder nominated Council Member Romanowski for the position and his nomination was seconded by Council Member Blanchard. The motion carried unanimously. Council Member Romanowski took the Oath of Office and was sworn in by City Clerk Paolangeli. Mayor Nichols announced the following Common Council committee assignments and Council Liaison appointments: COMMON COUNCIL COMMITTEES Budget and Administration Charter and Ordinance Chair: Booth Chair: Hoffman Vice-Chair: Romanowski Vice-Chair: Booth Berg Golder Daley Romanowski Johnson Schroeder Human Services Planning and Development Chair: Johnson Chair: Schroeder Vice-Chair: Golder Vice-Chair: Hoffman Berg Blanchard Blanchard Daley Efroymson Efroymson COUNCIL LIAISON APPOINTMENTS Board of Public Works..........................Berg Human Services Coalition.......................Johnson Youth Bureau Advisory Board....................Blanchard Rental Housing Commission......................Efroymson Planning and Development Board.................Schroeder Community Police Board.........................Johnson Cable Television Commission....................Efroymson Disability Advisory Council....................Golder Economic Opportunity Corporation...............Blanchard Board of Fire Commissioners....................Booth GIAC...........................................Efroymson, Golder Energy Commission..............................Romanowski Circle Greenway, Six Mile Creek................Hoffman Conservation Advisory Council..................Hoffman Landmarks Preservation Commission..............Daley Fire Appeals Board.............................Romanowski Commons Advisory Board.........................Daley Bicycle Advisory Council.......................Golder Parks Commission...............................Schroeder Shade Tree Advisory Committee..................Booth Joint Transit Operations Committee.............Berg, Blanchard MAYOR'S APPOINTMENTS: Appointments Not Requiring Approval of the Common Council Mayor Nichols made the following appointments: City Attorney Charles Guttman - 328 South Geneva Street (2-year term) City Prosecutor Michael Costello - 689 Coddington January 1, 1992 3 Road (2-year term) Affirmative Action Comm. John Ware - 114 South Plain Street (2-year term) Linda Lerch - 402 North Titus Avenue (3-year term) Cable Commission Thomas Terrizzi - 714 North Cayuga Street (5-year term) Housing Board of Review Charette Wheelis - 307 Fairmount Avenue (3-year term) Alvin Nelson - 502 South Albany Street (3-year term) Douglas Look - 105 Cascadilla Park (3-year term) Planning & Development Board George Hagood - 501 West Green Street (3-year term) Youth Bureau Board Sue Perlgut - 104 North Titus Avenue (3-year term) Shirley Reeves - 116 South Plain Street (3-year term) Will Dickerson III - 205 South Titus Avenue (3-year term) Mayor Nichols requested Council approval for the following appointments: Board of Public Works Reappointment of Philip Cox, 221 Cornell Street, with a term to expire December 31, 1992; Re-appointment of Paul Brandford, 104 Brookfield Road, with a term to expire December 31, 1994; Appointment of Guy Gerard, 209 Giles Street, with a term to expire December 31, 1994. Bicycle Advisory Council Re-appointment of Andy Jordan 213 King Street, with a term to expire December 31, 1994; Appointment of Andrew Yale, 330 Elm Street, with a term to expire December 31, 1994. Board of Appeals on Building Code Re-appointment of Douglas Look, 105 Cascadilla Park, with a term to expire December 31, 1994. Board of Zoning Appeals Re-appointment of Judith A. Rossiter, 521 South Cayuga Street, with a term to expire December 31, 1994; Appointment of Renata M. Ballard, 615 Warren Place, with a term to expire December 31, 1994. January 1, 1992 4 Commons Advisory Board Re-appointment of Sidney Green, 215 N. Cayuga Street, with a term to expire December 31, 1993; Re-appointment of Penelope Wickham, 110 Columbia Street, with a term to expire December 31, 1993; Appointment of Jim Houghton, 111 Hudson Street, with a term to expire December 31, 1993. Conservation Advisory Council Re-appointment of Barbara Hotchkiss, 515 Chestnut Street, with a term to expire December 31, 1993; Re-appointment of Rob Shapiro, 313 Columbia Street, with a term to expire December 31, 1993; Re-appointment of Cathy Emilian, 218 South Albany Street, with a term to expire December 31, 1993; Re-appointment of J. Keith Waldron, 896 Cayuga Heights Road, with a term to expire December 31, 1993. Design Review Board Re-appointment of Victoria Anagnost, 304 College Avenue, with a term to expire December 31, 1994; Re-appointment of Kenneth Vineberg, 141 The Commons, with a term to expire December 31, 1994. Examining Board of Electricians Re-appointment of Jeffrey Lallas, 218 Utica Street, with a term to expire December 31, 1994. Ithaca Landmarks Preservation Commission Re-appointment of Frank Smithson, 427 North Cayuga Street, with a term to expire December 31, 1994. Parks Commission Re-appointment of Elizabeth Mulholland, 105 Penny Lane, with a term to expire December 31, 1994. Community Police Board Appointment of Maria Poole, 107 West Jay Street, with a term to expire December 31, 1994. Rental Housing Commission Re-appointment of Pierre Clavel - 3rd Ward, 109 Cornell Street, with a term to expire December 31, 1994; Re-appointment of Pamela Zinder - non-profit, 909 North Cayuga Street, with a term to expire December 31, 1994; Appointment of Joan Bailey - 5th Ward, 607 North Tioga Street, January 1, 1992 5 with a term to expire December 31, 1992; Shade Tree Advisory Committee Re-appointment of Michael Steigerwalt, 429 Sears Road, Cortland, with a term to expire December 31, 1994; Re-appointment of Daniel Krall, 612 South Plain Street to the Shade Tree Advisory Council with a term to expire December 31, 1994. Resolution By Council Member Johnson: Seconded by Council Member Schroeder RESOLVED, That this Council approves all the appointments requested by Mayor Nichols as listed above. Carried Unanimously Mr. Gerard took the oath of office and was sworn in by City Clerk Paolangeli. REMARKS FROM MAYOR NICHOLS: Mayor Nichols read the following statement to Council: In preparing my remarks for today I reread the speech I gave at this time two years ago. I spoke then of the many reasons we are proud of our city, but I also pointed out the problems that we faced. I spoke of the many who cannot find apartments or homes that they can afford; of the homeless; of the many young people who see nothing ahead but, at best, low paying service jobs; and of the unmet needs for child care and health care. I referred to the need to maintain the downtown as a thriving shopping and cultural center, both day and night. I said, "Our problems, like those of other cities, are compounded by national and state tax and funding policies that have unfairly transferred the bill for meeting our needs to the already overburdened local property taxpayers. We have the special problem that the major institution in our city is exempt from the property tax." I also spoke of the tremendous resource in our city of people with talents and ideas and of the need to involve in city affairs more people with diverse interests and backgrounds. During the past two years we have made progress in many of the areas that I identified for action in that talk, but instead of reviewing our past accomplishments I want to focus on how we can build on the steps already taken. Our plans must take into account the sorry state of the national and state economy. At a time of rising unemployment when more people are in need, and health costs are escalating, the federal and state governments are continuing to cut their support to cities. We have taken major steps to balance the city budget without an excessive increase in the property-tax rate but the prospects for the next year are even more grim. Our task is to maintain progress toward improving the quality of life in the city in a time of decreasing resources. To meet the challenge we will need a broad community effort, including businesses, labor, the schools, and neighborhood groups. I am certain that the Mayor, Common Council, and City Departments will work with all interested institutions, groups, and January 1, 1992 6 individuals in addressing our common goals. We will build on the report of the Cornell-City Relations Study Commission. A major goal for the coming year is the working out of an agreement with Cornell that will lead to greater participation of the University in meeting the needs of the community. We will invite Ithaca College to share in that effort. We will continue to work with the private sector to implement the recommendations of the Downtown Vision Task Force including the rezoning of downtown to promote controlled commercial and residential development, and improving the physical quality and vitality of the Commons. We will continue to work with not-for-profit groups, Ithaca Neighborhood Housing Services and the Mutual Housing Association, and the private sector to increase the stock of affordable housing. We will continue to work with the Day Care Council and the Drop-In Center to increase the availability of affordable day care. We will continue to work with the disabled community to provide them access to wherever they wish to go. We will continue to protect and extend our green space, parks and natural areas. We will continue to work with labor to protect jobs and increase the availability of jobs and training opportunities for local workers. We will continue to work as part of the business-school-community partnership to provide training and jobs for the young people in our community. We will continue to promote the use of public transit and park- and-ride lots. We will continue the effort to improve the relations between the police and the minority community. And we will continue to include more minorities and women in all boards and commissions and City positions. Ours is a policy of inclusion. There are some important efforts that have just begun that will need speedy attention. I expect us to proceed expeditiously with the plans for Inlet Island, Southwest Park, and the protection of the Six-Mile Creek natural areas. I expect us to work on a residents' job policy that will require apprenticeship training. I expect us to work on proposals from the Rental Housing Commission to protect the rights of tenants as well as landlords. Our planning for the future must include a greater degree of cooperation with the County government and our surrounding towns. In spite of the hard work that Council and the City Departments will have to do to cut expenses and increase revenues, we will not give up our commitment to meet as far as we are able the human needs in our City. I know that we share a common purpose and that we can work together in good spirit and enthusiasm. On New Year's Day 1992, I wish all of you and all the residents of the City a happy and productive year. We will build on the January 1, 1992 7 achievements of the past while welcoming the new ideas and opportunities of the present. I look forward to sharing the effort with all of you. BUDGET AND ADMINISTRATION COMMITTEE: * 10.1 Designation of Official Depositories By Council Member Booth: Seconded by Council Member Romanowski RESOLVED, That pursuant to Section 3.7 of the City Charter, the Tompkins County Trust Company and the Norstar Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 1992, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca General Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 Guaranty and Bid Deposits 05-201-001004 City Tax Sale Redemption 05-201-001004 Health Facility Agreement 05-201-001004 Deposit on Water Meters 05-201-001004 Sale of Unclaimed Property 05-201-001004 Circle Greenway 05-201-001004 Conference on College and Community 05-201-001004 Center for Expressive Arts 05-201-001004 Peter DeWysocki Memorial Fund 05-201-001004 Cemetery Fund 05-201-001004 Fire Department Recognition Banquet 05-201-001004 Commons Cultural Tourism 05-201-001004 West End Trees 05-201-001004 Jack Kiely Scholarship Fund 05-201-001004 DeWitt Park Improvement Fund 05-201-001004 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 Centennial Art Work 05-201-001004 Central Business District Trees 05-201-001004 N.Y.S. Policemen's and Firemen's Retirement System 08-201-001004 N.Y.S. Employees Retirement System 08-201-001004 Ithaca Centennial Inc. 01-101-096437 Capital Reserve Fund #4 - Bridges 01-201-001055 Capital Reserve Fund #11 - Parks and Recreation Areas 01-201-001055 Capital Reserve Fund #14 - Parking Areas 01-201-001055 Capital Reserve Fund #15 - Fire Engine Replacement 01-201-001055 Capital Reserve Fund #16 - Development of Water Sources 01-201-001055 Capital Reserve Fund #17 - Sewer Construction 01-201-001055 Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction 01-201-001055 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 01-201-001055 Capital Reserve Fund #22 - Bus Replacement 01-201-001055 Capital Reserve Fund #23 - Public Works Equipment 01-201-001055 January 1, 1992 8 Capital Reserve Fund #24 - Energy Conservation 01-201-001005 Capital Reserve Fund #25 - Capital Improvements 01-201-001005 Capital Reserve Fund #26 - Land Acquisition 01-201-001005 Capital Reserve Fund - Joint Activity Fund 01-101-099762 NORSTAR BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 City of Ithaca Water and Sewer Fund 267-010109 City of Ithaca Construction Fund 267-010842 Ithaca Area Wastewater Treatment Plant - Phase II 267-012276 Ithaca Area Wastewater Treatment Plant - Phase III 267-365187 Carried Unanimously * 10.2 Designation of Official Newspaper By Council Member Booth: Seconded by Council Member Blanchard RESOLVED, That pursuant to Section 7.16 of the City Charter, the Ithaca Journal be and it is, hereby designated as the official newspaper of the City of Ithaca for the year 1992. Ayes (9) - Booth, Blanchard, Hoffman, Romanowski, Golder, Efroymson, Schroeder, Johnson, Berg Nay (1) - Daley Carried * 10.3 Collateral to Secure Deposits By Council Member Booth: Seconded by Council Member Romanowski RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Norstar Bank as reported, be approved as to form and sufficiency. Carried Unanimously * 10.4 Public Employee's Blanket Bond By Council Member Booth: Seconded by Council Member Schroeder RESOLVED, That pursuant to Section 11 of the Public Officers' Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1992. Faithful Performance Blanket $250,000 Royal Globe Bond Coverage Insurance Co. Carried Unanimously * 10.5 Designation of Common Council Meetings By Council Member Booth: Seconded by Council Member Hoffman RESOLVED, That the regular meetings of the Common Council, for the year 1992, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously * 10.6 Planning Department Request for Record of Public Hearing and Economic Appraisal for Strand Theater By Council Member Booth: Seconded by Council Member Daley RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to account A8020-435 Planning and Development Contractual Services for the following two items relating to the potential disposition of the Strand Theater: 1. To fund the hiring of a Stenographer to record a Public Hearing relating to the potential disposition of the Strand Theater January 1, 1992 9 $2,000 2.To fund an Economic Appraisal of the Strand Theater $3,000 Council Member Booth explained the resolution. Discussion followed on the floor with Deputy Director of Planning Herman Sieverding answering questions from Council Members. A vote on the resolution resulted as follows: Ayes (5) - Daley, Romanowski, Blanchard, Booth, Schroeder Nays (4) - Johnson, Hoffman, Berg, Golder Abstention (1) - Efroymson (not fully informed on the issue) Carried * 10.7 Planning Department - Request to Establish Capital Project #257 for Computerized Base Mapping Project By Council Member Booth: Seconded by Council Member Blanchard WHEREAS, the Planning Department and the Department of Public Works (Engineering) have recommended that the City participate in a Cooperative Project with NYSEG, Tompkins County, the Town of Ithaca and Cornell University, for the establishment of a computerized Base Map, and WHEREAS, this project represents an excellent opportunity for the City to obtain a detailed computerized Base Map of the City at a reduced cost; now, therefore, be it RESOLVED, That Capital Project #257 Computerized Base Map be established in an amount not to exceed $72,000., inclusive of financing and administration costs, and be it further RESOLVED, That the computerized Base Mapping project budget be established, as recommended by the Planning and Engineering Departments, as follows: Base Mapping $41,108 Computer Hardware $20,000 Staff Time $ 7,541 Financing & Admin. $ 3,351 $72,000 Council Member Booth explained the many capabilities this base mapping project would give to the City departments. Discussion followed on the floor with City Planner Foster and City Controller Cafferillo answering questions from Council Members. Council Member Booth suggested that the following Resolved Clause be added to the resolution: "RESOLVED, That the funds required to finance this project shall be derived from the issuance of Bond Anticipation Notes." No Council Member objected. A vote on the resolution with Council Member Booth's addition resulted as follows: Carried Unanimously January 1, 1992 10 * 10.8 Request to Amend WWTP Equipment List By Council Member Booth: Seconded by Council Member Romanowski WHEREAS, the engineering departments of the joint entities for the Ithaca Area Wastewater Treatment Facility would like to investigate flows into the jointly used sewers lying within the system, and WHEREAS, the Special Joint Subcommittee (SJS) has approved the acquisition of flow measuring equipment to accomplish this; now, therefore, be it RESOLVED, That the 1992 authorized equipment list for the Joint Activity Fund be amended to include such flow measurement equipment at a cost not to exceed $3,000, and be it further RESOLVED, That $3,000 be transferred from account J1990 Unrestricted Contingency to account J8150-225 Other Equipment to fund said purchase. Carried Unanimously * 10.9 Request to Increase Authorization for Capital Project #603 Sewer Collection System Renovations By Council Member Booth: Seconded by Council Member Berg WHEREAS, the Water and Sewer Division is in the process of actively identifying, evaluating and upgrading the Sewer Collection System, and WHEREAS, the staff has established that the Giles Street Pump Station is operating at 50% of designed capacity and is in need of replacement, and WHEREAS, no funds exist in the 1992 Operating Budget of the Sewer Department to investigate and upgrade facilities, and WHEREAS, the Board of Public Works has requested that $100,000 be utilized from the Sewer Capital Reserve Fund #17 for improvement to the Sewer System; now, therefore, be it RESOLVED, That Capital Project #603 Sewer Collection System Renovations Authorization be increased by $100,000 to a maximum authorization of $224,200, to reflect capital improvements to the Sewer System, including replacement of the Giles Street Pump Station, and be it further RESOLVED, That $100,000 funding be derived from the Sewer Capital Reserve Fund #17 for these purposes, and be it further RESOLVED, That the estimated budgets as prepared by Assistant Superintendent of Public Works of Water and Sewer, be established as follows: SEWER SYSTEM - ESTIMATED BUDGET REMEDIAL WORK $45,000 - Design and construction of Giles Street Pump Station $25,000 - TV inspection and videotaping of mains $30,000 - Repair and replacement of sewer mains Carried Unanimously * 10.10 Request to Amend Personnel Roster - DPW By Council Member Booth: Seconded by Council Member Blanchard WHEREAS, the 1992 City budget has been adopted by Common Council without funding for certain authorized positions currently January 1, 1992 11 occupied by employees; now, therefore, be it RESOLVED, That the Roster of Authorized Positions for the Department of Public Works is hereby modified by the deletion of the following: 1 Custodial Worker, P/T (Hall of Justice) 1 Custodial Worker, P/T (Youth Bureau) 1 Custodial Worker, P/T (WWTP) 1 Truck Driver (Parks and Forestry) and be it further RESOLVED, That the Personnel Office shall notify the Union and work with it to provide an appropriate and orderly process for terminating these positions in accordance with the contract. Council Member Booth explained that this motion arises as a result of the approval of the 1992 Budget which Common Council has adopted. He said these positions are not funded. Council Members Johnson and Golder spoke against this resolution. Motion to Refer By Council Member Golder: Seconded by Council Member Johnson RESOLVED, That the resolution be referred back to the Budget and Administration Committee for further discussion. Extensive discussion followed on the floor regarding the deletion of positions. City Controller Cafferillo explained to Council the implications if the positions are not deleted from the Department of Public Works Personnel Roster. A vote on the Motion to Refer to Committee resulted as follows: Ayes (3) - Golder, Johnson, Efroymson Nays (7) - Blanchard, Romanowski, Daley, Berg, Hoffman, Booth, Schroeder Motion Fails The pros and cons of the Main Motion were further deliberated. Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Blanchard, Romanowski, Daley, Berg, Hoffman, Booth, Schroeder Nays (3) - Johnson, Golder, Efroymson Carried * 10.11 Request to Appropriate Funds for Snow Removal Program By Council Member Booth: Seconded by Council Member Johnson WHEREAS, the Board of Public Works recognizes the need to keep sidewalk ramps, streets and parks free of snow and litter, and WHEREAS, a volunteer effort to maintain public facilities, including the removal of snow from certain facilities, would enhance a sense of community for participants and users alike, and WHEREAS, the Board has reviewed an initial volunteer program with January 1, 1992 12 staff; now, therefore, be it RESOLVED, That a volunteer program for maintaining public facilities be established and that the Assistant Superintendent of Public Works be authorized to implement said volunteer program and hire a part-time volunteer coordinator, and be it further RESOLVED, That $800 to support this program be transferred from A1990 Unrestricted Contingency to the following Streets and Administration accounts: A5010-405 Telephone $100 A5010-425 Office Expense $200 A5010-435 Contractual (CIVITAS) $200 A5010-481 Small Tools $300 Carried Unanimously * 10.12 Request to Allow City to File Deeds on Tax Sale Properties By Council Member Booth: Seconded by Council Member Romanowski WHEREAS, the period to redeem 426-32 North Aurora Street, 107 Fayette Street, and 217 Cliff Street from the 1988 City Tax Sale expired on November 29, 1991, and WHEREAS, the City of Ithaca, as purchaser of the tax liens at the sale, holds tax sale deeds to these properties; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to file these deeds with the Tompkins County Clerk so that the City may proceed to take possession of these properties. Carried Unanimously * 10.13 Youth Bureau - Request for Employee Incentive Award By Council Member Booth: Seconded by Council Member Johnson WHEREAS, the Youth Bureau Director has recommended Administrative Assistant/Financial Management Robin Meskimen for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administrative Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Youth Bureau Director's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Robin Meskimen's salary be increased by four (4%) percent to an annual salary of $19,806, effective October 7, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from the 1992 Unrestricted Contingency Account. Council Members Daley and Golder spoke against the employee incentive award system. They wished to make it clear, however, that they were not voting against the person but the merits of the system. A vote on the resolution resulted as follows: Ayes (6) - Romanowski, Hoffman, Johnson, Booth, Schroeder, Berg January 1, 1992 13 Nays (3) - Golder, Blanchard, Daley Abstention (1) - Efroymson Carried * 10.14 Finance - Request to Reorganize Finance Department Positions By Council Member Booth: Seconded by Council Member Schroeder WHEREAS, the Finance Department began the process of reorganizing departmental activities in January of 1990 by eliminating the Purchasing Agent position, an Affirmative Action/Senior Clerk position, a Senior Account Clerk Typist (Budgetary Maintenance) position, and an Account Clerk Typist (Traffic Violations) position, with various job responsibilities being re-allocated among existing staff, and WHEREAS, the City Controller has recommended a further reorganization which will permit the deletion of a Data Processing Operator by expanding the job description of the City Buyer's position, and the deletion of the Telephone Operator's position effective upon the retirement of Gloria Jensen; now, therefore, be it RESOLVED, That the job classification for the position of City Buyer be rewritten to include certain duties currently performed by Connie Nelson (Data Processing Operator), and that Connie Nelson be provisionally appointed to the position of City Buyer, with a salary increase of $2,024 (8%), and be it further RESOLVED, That Barbara Matteson be promoted to Senior Account Clerk/Typist at an increase of $821 (4%), and be it further RESOLVED, That the Account Clerk/Typist position, vacated by Barbara Matteson's promotion, be filled at Step three on the CSEA Administrative Unit Compensation Schedule by a proposed candidate, pending qualification by examination, and be it further RESOLVED, That all actions disclosed herein are subject to the approval of the Civil Service Commission where applicable. Carried Unanimously The Mayor requested that Agenda Item 10.16 be taken up before Item 10.15. No one objected. * 10.16 1992 Compensation for Individuals Not Covered by a Union By Council Member Booth: Seconded by Council Member Schroeder RESOLVED, That management employees not covered by a formal contract, including the City Attorney, Assistant City Attorney, and City Prosecutor, be granted a 5% increase across the board over their 1991 salary for the year 1992, effective with the first pay period of 1992, and be it further RESOLVED, That Common Council reaffirms its policy of comprehensive performance evaluations for all management employees. Council Member Booth explained the resolution and stated that there are 19 employees covered by this action, with the total amount of raises being approximately $35,000. He urged Council to adopt this resolution. Discussion followed on the floor with Council Members Golder and Johnson explaining their reasons for opposing the resolution. Motion to Refer to Committee By Council Member Golder: Seconded by Council Member Johnson January 1, 1992 14 RESOLVED, That the resolution regarding 1992 compensation for individuals not covered by a Union be referred back to the Budget and Administration Committee for further review. A vote on the resolution to refer back to committee resulted as follows: Ayes (8) - Johnson, Golder, Blanchard, Daley, Romanowski, Berg, Hoffman, Efroymson Nays (2) - Booth, Schroeder Carried * 10.15 Mayor - Request to Appoint Superintendent of Public Works By Council Member Booth: Seconded by Council Member Blanchard RESOLVED, That the required search for a Superintendent of Public Works be waived in accord with Section 2.27 (2)(f) of the City Charter, and be it further RESOLVED, That William Gray be appointed to the position of Superintendent of Public Works at a 1992 annual salary of $61,187, effective January 1, 1992. Discussion followed on the floor regarding the realignment of the Department of Public Works, the Engineering Department, and the Water and Sewer Division. Amending Resolution By Council Member Daley: Seconded by Council Member Berg RESOLVED, That the 1992 annual salary for the position of Superintendent of Public Works be established at $58,273., pending review of Item 10.16. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: * 11.1 An Ordinance Amending Section 60.59 Entitled `Civil Penalty for Violation of Article' and Section 606.60 Entitled `Civil Penalty for Delinquent Violations of Article' of Chapter 60 Thereof Entitled `Traffic and Vehicles' of the City of Ithaca Municipal Code By Council Member Hoffman: Seconded by Council Member Romanowski ORDINANCE NO. 92 - AN ORDINANCE AMENDING SECTION 60.59 ENTITLED `CIVIL PENALTY FOR VIOLATION OF ARTICLE AND SECTION 60.60 ENTITLED `CIVIL PENALTY FOR DELINQUENT VIOLATIONS OF ARTICLE' OF CHAPTER 60 THEREOF ENTITLED `TRAFFIC AND VEHICLES' OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 60 of the Municipal Code of the City of Ithaca Section 60.59 is hereby amended to change the civil penalty for parking for a longer period of time than is permitted from three dollars ($3.00) to five dollars ($5.00) to read as follows: "Section 60.59 Civil penalty for violation of Article January 1, 1992 15 Notwithstanding the provisions of Section 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of Five dollars ($5.00) may be paid if such sum is paid within twenty (20) days of such violation." Section 2. Chapter 60 of the Municipal Code of the City of Ithaca Section 60.60 is hereby amended to change the civil penalties for delinquent violations of the Article to read as follows: "Section 60.60 Civil penalty for delinquent violations of Article That in addition to the penalties provided in Section 60.59 additional civil penalties shall be payable upon any violation for parking for a longer period of time than is permitted in accordance with the following schedule: A.Penalty to be added after twenty days $15.00 B. Upon submission of uncollectible fines to a collection agency or other entity for enforcement, an amount not to exceed 35 percent of the total delinquent fine and penalties will be added to cover collection fees. Section 3. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. (Publication date January 15, 1992) Carried Unanimously * 11.2 Fine Recommendations to City Court By Council Member Hoffman: Seconded by Council Member Booth WHEREAS, the current practice of the Ithaca City Court has been, with respect to parking violations, to have a fine set for first and second offenses within a twelve (12) month period in one amount and a fine set for third or more offenses within the same twelve (12) month period at a larger amount; and WHEREAS, there have been administrative problems in enforcing the higher penalty for third or more offenses within the same twelve (12) month period; and WHEREAS, this Common Council has passed an ordinance raising the civil penalty for parking for a longer period of time than is permitted from three dollars ($3.00) to five dollars ($5.00); now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby recommends to the Ithaca City Court Judge that no additional penalties be provided depending on the frequency with which the violator has violated the parking regulations; and Common Council of the City of Ithaca hereby further recommends to the Ithaca City Court Judge that the following schedule of fines be used for other parking violations disposed of through the Traffic Violations Bureau: Parking Ramp Overnight without Permit $15.00 Curb (12") $ 5.00 January 1, 1992 16 School Zone $ 5.00 Prohibited Area $15.00 Between Curb and Walk $15.00 Bus Stop/Taxi Stand $15.00 Fire Hydrant/Fire Zone $20.00 Crosswalk (20') $15.00 Sidewalk $15.00 Overtime Night (Odd/Even) $ 8.00 Other $ 8.00 Driveway $20.00 Private Property $15.00 Wrong Direction $ 5.00 Truck Zone $10.00 Double Parking $15.00 Uninspected $15.00 Abandoned $15.00 Discussion followed on the floor on some of the charges being recommended. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: 12.1 Request for Parks Commission Recommendations on How the "Fair Market Value" of Southwest Park, Once it is Alienated, Should Be Allocated By Council Member Schroeder: Seconded by Council Member Blanchard WHEREAS, on November 7, 1984 and June 5, 1985 Common Council supported New York State legislation that would authorize the alienation of Southwest Park from park status, and WHEREAS, the New York State legislation intended to accomplish this (Chapter 757 of the laws of 1985) was fatally flawed because it amalgamated two distinct legal procedures (Southwest Park alienation, a State procedure, on the one hand; and Inlet Island alienation and conversion, a State and Federal procedure, on the other hand), and WHEREAS, Chapter 757 of the laws of 1985 was further flawed because one of the several substitute park land parcels identified (the "Festival Lands") was already owned by the City, and WHEREAS, no attempt was ever made to amend the former flaw, and 1988 and 1989 attempts to amend the latter flaw never passed the State legislature, and WHEREAS, alienation of Southwest Park therefore requires new New York State authorizing legislation, and WHEREAS, the 1990 revision of New York State's Guide to the Alienation and Conversion of Municipal Parklands states that while "provision of substitute lands for those being alienated is preferred," never-the-less "an alternate requirement to the substitution rule is that the bill contain a statement calling for the net proceeds of any sale to be used for capital improvements to other municipal parks," and WHEREAS, Common Council still intends to alienate Southwest Park, and plans to seek properly-written authorization for this alienation from the New York State legislature in the legislature's Spring 1993 session, and WHEREAS, Common Council therefore desires guidance on what portion of the fair market value of Southwest Park (once it is alienated) should be used to buy specific substitute park land parcels, and what portion should be used for capital improvements January 1, 1992 17 to other municipal parks; now, therefore, be it RESOLVED, That Common Council requests the Parks Commission, in consultation with the Board of Public Works, to recommend how the fair market value of the alienated Southwest Park should be allocated. Three possibilities exist: (1) the entire fair market value should be devoted to buying substitute park land parcels, to be identified specifically in the State alienation legislation; or, (2) the entire fair market value should be devoted to capital improvements to other City parks, and no substitute parcels should be mentioned in the State legislation; or, (3) a portion of the fair market value should be devoted to buying substitute park land parcels, to be identified specifically in the State legislation, and the remaining portion should be devoted to capital improvements to other City parks. If the Commission recommends alternative (1) or (3), it should suggest appropriate substitute parcels. Council Member Schroeder gave background information and discussion followed on the floor regarding separating the properties before alienation. A vote on the resolution resulted as follows: Ayes (7) - Blanchard, Hoffman, Johnson, Golder, Daley, Schroeder, Romanowski Nay (1) - Booth Abstention (2) - Efroymson, Berg Carried * 12.2 Establishment of Southwest Park Land Use Study Committee By Council Member Schroeder: Seconded by Council Member Johnson WHEREAS, through resolutions passed in 1984 and 1985 Common Council sought New York State legislative approval for the alienation of Southwest Park, and WHEREAS, although the State legislature did pass Chapter 757 of the laws of 1985 to authorize such alienation, Chapter 757 was faultily constructed and hence unusable, and WHEREAS, environmental review of the proposed alienation of Southwest Park was begun in 1987 and only minimal wetland areas were identified in two 1988 investigations, and WHEREAS, Common Council still intends to alienate Southwest Park, and plans to seek properly-written authorization for this alienation from the New York State legislature in the legislature's Spring 1993 session, and WHEREAS, the 1990 revision of New York State's Guide to the Alienation and Conversion of Municipal Parklands states that while "provision of substitute lands for those being alienated is preferred, "never-the-less" an alternate requirement to the substitution rule is that the bill contain a statement calling for the net proceeds of any sale to be used for capital improvements to other municipal parks," and WHEREAS, Common Council has therefore asked the Parks Commission for guidance on what portion of the fair market value of Southwest Park (once it is finally alienated) should be used to buy specific substitute park land parcels, and what portion should be used for capital improvements to other municipal parks, and WHEREAS, the 60-acre Southwest Park is the largest single undeveloped parcel in the City, and Common Council desires January 1, 1992 18 guidance on how Southwest Park -- once it is alienated -- should be used, how it should be zoned, and how infrastructure thereon should be arranged; now, therefore, be it RESOLVED, That the Mayor shall appoint, with Common Council approval, a Southwest Park Land Use Study Committee consisting of: One owner of a business in the vicinity of Southwest Park One planning or design professional One housing professional One resident of the City One Council Member One member of the Board of Public Works One member of the Parks Commission or the Conservation Advisory Council and be it further RESOLVED, That the Committee shall recommend to Common Council a preliminary land use plan for Southwest Park. The Committee should recommend what portions of Southwest Park should be residential, what portions (if any) should be commercial, what portions (if any) should be devoted to City municipal uses, and what portions should be left in a natural state. Particular emphasis should be placed on exploring the area's potential for new housing. The Committee should consider whether a natural or architectural buffer zone is required to shield the area from the nearby County garbage baling station, to allow optimal development of the remaining land. The Committee should also recommend how the residential areas, any commercial areas, any municipal areas, and the protected areas should be zoned. Finally, the Committee should recommend a basic infrastructure arrangement of roads, sidewalks, possible bicycle paths, and utilities that would optimally support the recommended land uses. In its deliberations, the Committee should seek to optimize relationships between Southwest Park and adjacent land uses, transportation systems and natural areas, and be it further RESOLVED, That the Committee shall make its recommendations to Common Council within six months of its creation. Ayes (8) - Blanchard, Romanowski, Daley, Efroymson, Johnson, Hoffman, Golder, Schroeder Nay (1) - Booth Abstention (1) - Berg Carried * 12.3 1992 Planning Department Work Program By Council Member Schroeder: Seconded by Council Member Johnson WHEREAS, the Department's proposed 1992 Work Program has been reviewed by the Planning and Development Committee, and the Planning and Development Board, and WHEREAS, the priority projects have been determined as follows: 1)Inlet Island Land Use 2)West State Street/CBD Rezoning 3)Southwest Park 4)Downtown Vision Task Force Recommendations 5)City Master Plan January 1, 1992 19 now, therefore, be it RESOLVED, That Common Council does hereby approve the Department of Planning and Development 1992 Work Program. Motion to Refer to Committee By Council Member Schroeder: Seconded by Council Member Johnson RESOLVED, That the 1992 Planning Department Work Program be referred back to the Planning and Development Committee. Carried Unanimously HUMAN SERVICES COMMITTEE: Police Department - Report Council Member Johnson reported that Police Chief McEwen has planned some reorganization which will help the Police Department work more effectively. Council Member Johnson reported that the Police Commission has given a report that they have continued working with the revised police complaint procedure and the results have been satisfactory. ADJOURNMENT: On a motion the meeting adjourned at 1:45 p.m. ------------------------- ------------------------ Callista F. Paolangeli Benjamin Nichols City Clerk Mayor