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HomeMy WebLinkAboutMN-CC-1993-07-07 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. July 7, 1993 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Booth, Berg, Johnson, Romanowski, Efroymson, Hoffman, Golder, Daley, Schroeder OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman Superintendent of Public Works - Gray Building Commissioner - Eckstrom City Controller - Cafferillo Police Chief - McEwen Fire Chief - Wilbur Planning and Development Director - VanCort Board of Public Works Commissioner - Reeves Youth Bureau Director - Cohen Tompkins County Board of Representatives - Mink PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the May 5, 1993 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the May 5, 1993 Common Council meeting be approved as published with corrections as noted by Alderperson Schroeder. Carried Unanimously Approval of the Minutes of the June 2, 1993 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the June 2, 1993 Common Council meeting be approved as published with corrections as noted by Alderperson Schroeder. Carried Unanimously MAYOR'S APPOINTMENTS: Advisory Commission on Art and Design for Public Space Mayor Nichols requested Council approval for the appointment of Carol Terrizzi, 714 North Cayuga Street, to the Advisory Commission on Art and Design for Public Space with a term to expire June 30, 1996. Resolution By Alderperson Berg: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of Carol Terrizzi to the Advisory Commission on Art and Design for Public Space with a term to expire June 30, 1996. Carried Unanimously Disability Advisory Council Mayor Nichols requested Council approval for the re-appointment of LeMoyne Farrell, 120 Eastwood Terrace, and Brenda Kuhn, 330 Elm Street, to the Disability Advisory Council with terms to expire June 30, 1996. Resolution By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re-appointment of LeMoyne Farrell and Brenda Kuhn to the Disability Advisory Council with terms to expire June 30, 1996. Carried Unanimously July 7, 1993 2 Ithaca Urban Renewal Agency Mayor Nichols requested Council approval for the appointment of William Myers, 313 Hudson Street, to the Ithaca Urban Renewal Agency, with a term to expire June 30, 1997 (to replace Anne Jones, who the Mayor wished to recognize for her years of service to the Agency). Resolution By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of William Myers to the Ithaca Urban Renewal Agency with a term to expire June 30, 1997. Carried Unanimously Community Police Board Mayor Nichols requested Council approval for the appointment of Herbert Nelson, 502 South Albany Street, to the Community Police Board with a term to expire December 31, 1994. Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Herbert Nelson to the Community Police Board with a term to expire December 31, 1994. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested Council approval for the appointments of Franklin Moore, 116 Dearborn Place and Constance Thomas, 114 Delaware Avenue, with terms to expire December 31, 1993. Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointments of Franklin Moore and Constance Thomas to the Board of Zoning Appeals with terms to expire December 31, 1993. Carried Unanimously Affirmative Action Committee Mayor Nichols informed Council that he has appointed Thomas Parsons, Alternate, Fire Department, to replace Barbara Caldwell, with a term to expire December 31, 1993. Tompkins County Youth Board Mayor Nichols informed Council that he has appointed Audrey Cooper, 206 Monroe Street, to the Tompkins County Youth Board with a term to expire December 31, 1995. COMMUNICATIONS: Landmark Buildings City Clerk Paolangeli read a petition with 60 signatures that was received at her office today. The petition reads as follows: "To Ithaca Common Council; We believe that landmarking buildings is bad for the community because it prevents new construction and jobs, reduces tax collections, is an injustice to property owners, makes an area static rather than lively and lowers property values. We request that the Council vote against designating the City Hall Annex, The McKinney Block, and the Masonic Temple as landmarks, all on Cayuga Street in downtown." The petition is on file in the City Clerk's office. July 7, 1993 3 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Volunteer Recognition Fire Chief Wilbur stated that it is his pleasure to represent the Board of Fire Commissioners in recognizing both members of the Fire Department and citizens from the community at-large. He stated that Lyman Baker, Chair of the Board of Fire Commissioners, will be presenting the awards to the recipients. Fire Chief Wilbur stated that the Board of Fire Commissioners presents an award annually to an individual who has served the Fire Department in an exemplary manner. He stated that unfortunately the Board was unable to mark the occasion in 1991 so tonight they will be using this opportunity to present both the `91 and `92 awards. The 1991 award was presented to David Cornelius. Chief Wilbur noted the accomplishments of Cornelius, a former Fire Commissioner, during his six year tenure including the renovation of three existing fire stations and the purchase of four major pieces of fire apparatus. The 1992 awards were given posthumously to Thomas Mills and Gary Moravec. The final set of awards went to numerous government agencies, civic organizations, and individuals in recognition of their willingness to help the Ithaca community when in need. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: City Hall Annex Pam Mackesey, 321 Pleasant Street, spoke to Council regarding her concerns for the City Hall Annex. Allan H. Treman State Marine Park D.E.I.S. David Nutter spoke to Council regarding the D.E.I.S. for the Allan H. Treman State Marine Park. He expressed his concerns regarding the amount of pavement that seems to be in the plan and stated that he feels the plan still needs more work and the City should ask the State to scale back the amount of asphalt. Doria Higgins, representing "Citizens to Save Our Parks", read a statement to Council stating their concern that the plans have now been changed for the third time since 1989. She urged Council not to vote on this plan until they have studied it more thoroughly. Ms. Higgin's statement is filed in the City Clerk's Office. Code of Ethics Rosalind Grippi, 423 E. Seneca Street, spoke to Council in favor of the proposed Code of Ethics that is on tonight's agenda. William Kone, Grandview Court, spoke against the proposed pay raise for Council members. He also spoke against the proposed Code of Ethics, both matters which are on tonight's agenda. RESPONSE TO THE PUBLIC: Allan H. Treman State Marine Park D.E.I.S. Alderperson Schroeder stated that he is not necessarily disagreeing with the point that there may be too much asphalt but State Parks has responded to each major item that Council asked them to in January. He stated that the City cannot delay commenting on the D.E.I.S. because there is an official deadline July 7, 1993 4 for our response to be incorporated in the D.E.I.S. Alderperson Efroymson requested Ms. Higgins to supply a map of the 120 trees that are slated to be removed. He stated that such maps would be useful for the discussions. Alderperson Booth stated that in his preliminary look at the plan it appears the State has expanded the number of parking spaces. Having spent many hours at the Marina over many years, he cannot conceive of how that can be proposed as that parking lot has to be one of the most under-utilized parking lots, given its size, of any lot in the City of Ithaca. He stated that he thinks if Council deems it appropriate, they can ask for more time to comment on the D.E.I.S. City Hall Annex Alderperson Golder asked if the City Hall Annex is secure and being maintained. Mayor Nichols responded that the building is being maintained. Alderperson Hoffman stated that he thinks the City is asking for too much money to sell the building in this real estate market, and that the asking price should be reduced. Code of Ethics Alderperson Booth spoke in favor of the proposed Code of Ethics that is on the agenda. REPORT OF BOARD OF REPRESENTATIVES: County Board of Representatives member, Barbara Mink, spoke to Council on the following matter: City/County Agreement on Consolidation for Human Services - The Agreement has been put into resolution form. The Steering Committee met on July 6, reviewed and approved it. This will mean that the County will have the added responsibility of funding human service agencies, through the Human Services Coalition for the City, the way it does for the rest of the Towns, with the City contributing a portion of its sales tax revenue for this purpose. Ms. Mink stated that this should make the process more efficient for agency directors and representatives, and for Common Council. It will make the process go more smoothly, and hopefully will result in monetary savings for everyone involved. Discussion followed on the floor with Ms. Mink and the Mayor answering questions from Council regarding the Human Services Agreement. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following items: Strand Theater - On June 9th the Board awarded the contract for asbestos removal at the Strand Theater and the work is in progress. Parking Restriction on Ithaca Road Between Mitchell Street and Elmwood Avenue - On June 9th the Board passed a resolution restricting parking on Ithaca Road between Mitchell Street and Elmwood Avenue from 9 a.m. until noon, Monday through Friday. The parking regulation will be implemented before August 15. Wood Street Park - The City of Ithaca Urban Renewal Agency is applying for a Community Development Block Grant which would allow July 7, 1993 5 $45,000 worth of improvements to Wood Street Park. The Board passed a Resolution approving the request for City funded improvements including sidewalk construction, street trees, fill, and labor. Emergency Repair to Collapsed Sewer Lines - The bids were awarded for First and Adams Streets and Dey and Adams Streets. Both came in under-estimate. The work is in progress. Stewart Park Carry-In/Carry-Out Policy - The policy is not working as well as the Board had hoped. It is taking two DPW men two extra hours each day to collect the trash that has been left at the park. The Board wants to continue the policy and, hopefully, with more publicity, we can reduce the use of manpower. Commissioner Reeves answered questions from Council members. Disability Advisory Council Richard Maxwell, representing the Disability Advisory Council, reported to the Council on the following matters: Accessibility During the Ithaca Festival - The Council would like to thank the Department of Public Works for the efforts that they made in increasing accessibility during the Ithaca Festival. Report on Accessibility - There will be a report completed in the next couple of weeks regarding physical and program accessibility within City Departments. Common Council has received a report from Planner Jon Meigs concerning two projects that are currently being proposed to increase accessibility. One is a 700 foot path in the Mulholland Wild Flower Park at Six Mile Creek, and the second is a 1,000 foot path running from near the Sewer Treatment Plant over to Cascadilla Creek near the Farmer's Market. COMMUNICATIONS FROM THE MAYOR: Official Dedication of Alex Haley Municipal Pool Mayor Nichols announced that the official dedication of the Alex Haley Municipal Pool had been held this afternoon. The pool opened last weekend to the public. Traffic Enforcement Officer Mayor Nichols reported that the resolution that went to the Committee of the Whole on June 30 regarding the Traffic Enforcement Officer has been removed from the agenda. He stated that he has spoken with Chief McEwen and a new proposal will be forthcoming. REPORT OF CITY ATTORNEY: Post Office City Attorney Guttman reported that no ruling has been received from the Postal Rate Commission. He stated that his office has received some correspondence from them and he expects there will be more of a response in the near future. City Court Matters City Attorney Guttman reported on several cases that have been before the City Court Judge. Building at 602 West Seneca Street City Attorney Guttman and Building Commissioner Eckstrom answered questions about the demolition of the building at 602 West Seneca Street. CHARTER AND ORDINANCE COMMITTEE: July 7, 1993 6 * 14.1 An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Schroeder An Ordinance amending Chapter 346 entitled "Vehicles and Traffic" 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. Chapter 346 entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code is amended as follows: That the subdivision of Chapter 346, previously numbered as Chapter 60 of the Municipal Code entitled Miscellaneous Regulations-Removal of abandoned or illegally parked vehicles- Storage and charges is hereby amended to read as follows: 1. Storage and Charges 1. After removal of any vehicle as provided in this Article, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner, or persons in charge of the vehicle, may redeem the vehicle upon payment to the responsible Wrecker Service facility the amount of all expenses actually and necessarily incurred in effecting such removal not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible Wrecker Service facility for the cost of said charges. The owner, or persons in charge of the vehicle, may request a tow-away investigation by the City Attorney's Office and/or a hearing before an impartial officer designated by the City Attorney's Office to determine whether the towing of the vehicle was authorized by this Section. Such investigation and/or hearing shall be held within five business days after the request therefor. The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this Section. If it is determined that the tow was not authorized under this Section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges. If it is determined that the tow was not authorized under this Section, then the City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department; in all other cases, such charges are recoverable in the appropriate civil court by the Wrecker Service facility from the private property owner who directed the tow. Where the tow is authorized by a private property owner, he or she shall receive notice of any hearing requested. If the owner, or persons in charge of the vehicle, do not claim the vehicle or request a review and/or hearing within fifteen (15) days of being notified of the tow, the City shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. Removal charges are hereby established as follows: Ordinary removal charges shall not exceed $45.00 total charge. "Ordinary removal" means the removal of any vehicle that does not require special equipment such as dollies, flat beds, ramps, jacks or slings. July 7, 1993 7 Special removal charges shall not exceed $65.00 total charge. "Special removal" means the removal of any vehicle that requires special equipment such as dollies, flat beds, ramps, jacks or slings. Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the use of a crane or other extraordinary equipment other than regular or special towing equipment. 2. A fee not to exceed $15.00 may be charged by the Wrecker or Tow Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter, whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has been dispatched or arrives, but before the vehicle has been hooked up for towing or removal. 3. A fee not to exceed $20.00 may be charged by the Wrecker or Towing Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. 4. Storage fees not exceeding $10.00 per day or fraction thereof may be charged by the Wrecker or Towing Service after the vehicle has been stored for more than 24 hours. 5. A schedule of fees as listed in this Section shall be posted in a conspicuous area on the premises of each Wrecker or Towing Service operator and shall be made available upon demand by the general public. 2. This Ordinance shall take effect immediately in accordance with the law upon publication of notices provided in the Ithaca City Charter. Carried Unanimously * 14.2a Local Law Amending Section 107.2 of the City of Ithaca Municipal Code Entitled "Salaries and Compensation" Regarding Salaries of Common Council Members a. Proposal to Raise Salaries to $6,500 in 1994 and $7,000 in 1996 By Alderperson Hoffman: Seconded by Alderperson Booth Local Law No.______ of the year 1993 City of Ithaca A local law amending Section 107-2 of the City of Ithaca Municipal Code regarding the salary of the Council Members of the City of Ithaca. WHEREAS, Section 107-2 of the Municipal Code of the City of Ithaca was adopted on September 3, 1987 and set the annual salary of the Council Members of the City of Ithaca at $6,000.00 per year commencing January 1, 1988, and WHEREAS, despite inflation there have been no changes since 1988 in the salary of the Council Members of the City of Ithaca, and WHEREAS, this Council wishes to adjust the salary of the Council Members of the City of Ithaca to keep up with inflation; now therefore July 7, 1993 8 BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK AS FOLLOWS: Section 1. Chapter 107 entitled "Salaries and Compensation" of the City of Ithaca Municipal Code, Article II entitled "Council Members" is amended to read as follows: "Section 107-2 Salary established. Commencing January 1, 1994, the annual salary of the Council Members shall be the sum of Six Thousand Five Hundred Dollars ($6,500.00). Commencing January 1, 1996 the annual salary of the Council members shall be the sum of Seven Thousand Dollars ($7,000.00)." Section 2. This law shall take effect immediately upon filing with the office of the Secretary of State. Amending Resolution Alderperson Berg: Seconded by Alderperson Hoffman RESOLVED, That the third Whereas Clause be deleted. Carried Unanimously Motion to Substitute 14.2b By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That Charter and Ordinance agenda item 14.2b be substituted for item 14.2a. Ayes (1) - Hoffman Nays (9) - Booth, Berg, Blanchard, Romanowski, Johnson, Schroeder, Efroymson, Daley, Golder Motion Fails Discussion followed on the floor on the Main Motion (14.2a). Motion to Substitute 14.2d By Alderperson Golder: Seconded by Alderperson Romanowski RESOLVED, That Charter and Ordinance agenda item 14.2d be substituted for item 14.2a. Discussion followed on the floor. A vote on the motion to substitute resulted as follows: Ayes (3) - Golder, Hoffman, Daley Nays (7) - Romanowski, Blanchard, Johnson, Efroymson, Berg, Booth, Schroeder Motion Fails Main Motion A vote on the Main Motion (14.2a) resulted as follows: Ayes (6) - Romanowski, Berg, Hoffman, Booth, Schroeder, Mayor Nichols Nays (5) - Blanchard, Daley, Efroymson, Johnson, Golder Carried (6-5) * 14.3 An Ordinance Amending Chapter 55 Entitled "Ethics, Code of" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Efroymson ORDINANCE No. ____ An ordinance amending Chapter 55 entitled "Ethics, Code of" of the City of Ithaca Municipal Code. July 7, 1993 9 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Chapter 55 entitled "Ethics, Code of" is hereby repealed. Section 2. That a new chapter to be known and designated as Chapter 55 entitled "Ethics, Code of" is hereby added to the City of Ithaca Municipal Code, to read as follows: "Chapter 55 Ethics, Code of SECTION 1. Purpose. A. The purpose of this ordinance is to establish minimum standards of conduct to help ensure that the exercise of governmental responsibilities by City of Ithaca officials and employees is free from improper influences that might cause those officials or employees to make, promote or hinder public decisions in order to advance their own private interests. The standards and guidelines set forth in this ordinance are intended to eliminate to the greatest extent possible, the existence of conflicts of interest pertaining to City officials and City employees in the exercise of their official duties, to minimize unwarranted suspicion that such conflicts exist and to avoid potential conflicts of interest before they arise. B. The rules of ethical conduct set forth in this ordinance are intended to supplement those of Sections 800-813 of the General Municipal Law of the State of New York and any other applicable general or specific law relating to ethical conduct and interest by municipal officials and employees. SECTION 2. Definitions. For the purposes of this ordinance, the following terms shall be defined as set forth in this section. A. City Employee shall be defined as any employee paid by the City of Ithaca, other than any elected official. B. City Official shall be defined as any elected official and any person, other than a city employee, appointed to any position in the City government. C. Elected official shall be defined as the Mayor and any member of Common Council. D. Family shall be defined as a City official or City employee's spouse or domestic partner, and all dependent children. "Spouse" shall mean the husband or wife of the reporting individual unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to a judicial order, decree or judgment, or a legally binding separation agreement. "Domestic partner" shall mean a person defined as a domestic partner pursuant to Chapter 215, Article IV, of this Code. SECTION 3. Applicability. Unless otherwise specified, all sections of this ordinance shall apply to all City officials and all City employees. SECTION 4. Annual Disclosure. July 7, 1993 10 A. Applicability. This section shall apply only to elected officials. B. Annual Disclosure Statement Required. By February 1 of each year, each elected official shall complete and file with the City Clerk a signed Statement of Financial Disclosure containing the information and in the form set forth in Section 13 of this chapter. Upon receipt of such forms the City Clerk shall file them with the New York State Temporary State Commission on Local Government Ethics. C. Such disclosure statements shall be kept on file as a public record by the City Clerk. Public notice of the existence and availability of such file shall be made annually by legal notice in the newspaper of record, announcement by the Mayor at each February's regularly scheduled Common Council meeting, and posting of notice conspicuously in City Hall. SECTION 5. Gifts. No City Official or City employee shall, directly or indirectly, solicit, accept or receive any gift having a value of $75.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her, in the performance of his or her official duties or was intended as a reward for any official action on his or her part. SECTION 6. Confidentiality. Except as required by law, no City official or City employee may disclose confidential information acquired during the course of his or her official duties or use such information to further his or her personal interests or the personal interests of his or her family. SECTION 7. Required Conduct Respecting Actual and Potential Conflicts of Interest. A. City officials and City employees must exercise their official duties solely in the public interest and must avoid actual conflicts of interest to the greatest extent possible. B. City officials and City employees should avoid circumstances which compromise their ability to make impartial judgments solely in the public interest and should, to the greatest extent possible, avoid even the appearance of conflict of interest. No City official or City employee shall knowingly take any action or incur any obligation of any nature which is in conflict with or might reasonably tend to conflict with the proper discharge of his or her duties on behalf of the City of Ithaca. C. No City Official or City employee shall receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any City agency of which he or she is an officer, member or employee or of any City agency over which he or she has jurisdiction or which to he or she has the power to appoint any member, officer or employee. D. No City Official or City employee shall receive, or enter July 7, 1993 11 into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any City agency, whereby his or her compensation is to be dependent or contingent upon any action by such agency with respect to such matter; provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E. (1) Each City official and City employee is responsible for exercising due diligence in attempting to avoid actual or potential conflicts of interest when voting or taking other discretionary action regarding all matters with which he or she deals on behalf of the City. (2) A City official or City employee shall exercise particularly careful diligence in avoiding any actual or potential conflict of interest when voting or taking other discretionary action on any matter brought before any element of the City Government by any entity that employs said official or employee. In any such case the involved City official or employee should attempt to avoid taking any action that could reasonably be interpreted as benefiting his or her career advancement, salary, or standing within the entity that employs him or her. F. Notwithstanding any provisions in this ordinance, if a conflict of interest cannot be avoided because of the nature of the circumstances in a particular situation, any involved City official or employee shall bring the particular matter to the attention of the Mayor and the City Attorney, or such other City official or City employees as may be appropriate, before voting or taking any discretionary action on said matter. G. Provisions of this ordinance shall not be deemed to prevent any City official from voting or taking other lawful action with regard to the establishment of salaries or benefits for elected City officials. SECTION 8. Recusal from Voting or Other Discretionary Act. Whenever a City official or City employee is called upon to vote on, advise on, or otherwise take discretionary action on a matter before the City, and either the performance or non- performance of such action would provide a significant and special pecuniary or material benefit to him/herself or his/her family or otherwise create any potential conflict of interest, the officer or employee shall immediately declare the nature of the conflict of interest, and shall refrain, where appropriate, from taking any action or inaction that would affect the outcome of the matter. SECTION 9. Inducement of Violations. No person shall intentionally induce a City official or City employee to take any action that violates any provision of this ordinance. Any person who intentionally induces a City official or City Employee to take action in violation of this ordinance shall be guilty of a Class A misdemeanor, subject to a fine of not more than $1,000 and shall be barred from doing business with the City of Ithaca for a period of up to five years. SECTION 10. Claims Against the City. Nothing in this ordinance shall be deemed to bar the timely filing by a present or former official or employee of any claim, demand, or suit against the City on behalf of him/herself or his/her family arising out of any personal injury or property July 7, 1993 12 damage or for any lawful benefit, or from receiving a municipal service or benefit that is generally available to the public or to other City employees or City officials. SECTION 11. Distribution of Code of Ethics. A. Within ten (10) days of this ordinance's enactment, the City Clerk shall post a copy of this ordinance conspicuously and permanently in City Hall in a manner allowing public perusal of its provisions. Copies of the ordinance shall also be made available by the City Clerk to members of the public upon request under provisions of the Freedom of Information Law. B. Within thirty (30) days of this ordinance's enactment, the City Clerk shall distribute a copy of this ordinance to all City officials and City employees. Each City official and City employee shall be given a copy of this ordinance before entering upon the duties of his or her office. SECTION 12. Penalties and Violations. A. Any knowing and willful violation of this ordinance will be a Class A misdemeanor subject to the penalties provided in Section 813 of the General Municipal Law. B. Knowing and willful violation of this ordinance may also subject the violator to a civil penalty and may also involve forfeiture of office or employment and liability for all damages. Civil penalties may include a fine not to exceed $10,000, for knowingly and willfully failing to file a financial disclosure statement, for knowingly and willfully making a false statement with intent to deceive, or for otherwise knowingly and willfully violating this ordinance. SECTION 13. The annual Statement of Financial Disclosure shall contain the information and be in the form set forth herein below: ANNUAL DISCLOSURE BY CITY OF ITHACA ELECTED OFFICIALS FOR 19__ Last Name First Name Initial City Position Held Work Address Phone No. USE ADDITIONAL PAGES IF NECESSARY FAMILY MEMBERS. List each family member. "Family" shall be defined as your spouse or domestic partner, and all dependent children. "Spouse" shall mean the husband or wife of the reporting individual unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to: a judicial order, decree or judgment, or a legally binding separation agreement. Domestic partner shall mean a person defined as a domestic partner pursuant to Chapter 215, Article IV, of the City of Ithaca Municipal Code. Name Relationship to You July 7, 1993 13 __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ If the answer to any of the following questions is "none", please so indicate. 1a. Your Real Estate Ownership. Provide the following information regarding each piece of property that you own, or have a significant financial interest in, that is in the City of Ithaca (the "City") or the Town of Ithaca. "Significant financial interest" means an ownership interest of more than ten percent. "Significant financial interest" shall also include a security interest in the property (such as a mortgagee) of more than $100,000.00. Address of Real Estate Nature and Extent of Investment________________________________________________________ __________________________________________________________________ __________________________________________________________________ ______________________________________________________________ 1b. Your Family Members' Real Estate Ownership. Provide the following information regarding each piece of property that any member of your family owns or has a significant financial interest in that is in the City of Ithaca (the "City") or the Town of Ithaca. "Significant financial interest" means an ownership interest of more than ten percent. "Significant financial interest" shall also include a security interest in the property (such as a mortgagee) of more than $100,000.00. Name of Family Member Address of Real Estate Nature and Extent of Investment __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ____________________________________________________________ 2a. Your Financial Interests. Provide the following information regarding any partnership, business corporation, unincorporated association, or unincorporated business located in Tompkins County or which has its primary place of business in Tompkins County and for which you are an officer, or employee, or have a significant proprietary interest (an ownership interest of more than ten percent), or own or control, individually or in combination with you or other members of your family, more than ten percent of the outstanding stock. Also list the nature of any self-employment from which you have derived gross income of more than $5,000.00 during the previous twelve months. Name of Employer or Nature of Business Duties or Business Nature of Affiliation __________________________________________________________________ July 7, 1993 14 __________________________________________________________________ __________________________________________________________________ ______________________________________________________________ 2b. Your Family Members' Financial Interests. Provide the following information regarding any partnership, business corporation, unincorporated association, or unincorporated business located in Tompkins County or which has its primary place of business in Tompkins County and for which any family member is an officer, or employee, or has a significant proprietary interest (an ownership interest of more than ten percent) or owns or controls, individually or in combination with you or other members of your family, more than ten percent of the outstanding stock. Also list the nature of any self-employment from which any of your family members have derived gross income of more than $5,000.00 during the previous twelve months. Family Name of Employer Nature of Business Duties or Member or Business Nature of Affiliation ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ 3a. Loans to or from you. List below all notes and accounts receivable, other than from goods or services sold, held by the reporting individual and other debts owed to the reporting individual at the close of the taxable year last occurring prior to the date of filing in excess of $10,000.00 including the name of the debtor and the type of obligation. Debts, notes and accounts receivable owed to the individual by a relative shall not be reported. Also list below all liabilities of the reporting individual in excess of $10,000.00 as of the date of filing of this statement other than liabilities to a relative. Do not list liabilities incurred by or guarantees made by the reporting individual or by any proprietorship, partnership or corporation in which the reporting individual has an interest, when incurred or made in the ordinary course or the trade, business or professional practice of the reporting individual. Include the name of the creditor and the type of liability. The reporting individual need not list any obligation to pay maintenance in connection with a matrimonial action, alimony or child support payments. Any loan issued in the ordinary course of business by a financial institution to finance educational costs, the cost of home purchase or improvements for a primary or a secondary residence or the purchase of a personally owned motor vehicle, household furniture or appliances shall also be excluded. If any such reportable liability has been guaranteed by any third person, list the liability and name the guarantor. Name of Debtor or Creditor Type of Obligation or Guarantor or Liability __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ______________________________________________________________ 3b. Loans to or from your family members. List below all notes and accounts receivable, other than from goods or services sold, held by any family member of the reporting individual and other debts owed to such individuals at the close of the taxable year last occurring prior to the date of filing in excess of $10,000.00 including the name of the debtor and the type of obligation. Debts, notes and accounts receivable owed to the reporting July 7, 1993 15 individual by a relative shall not be reported. Also list below all liabilities of the family member of the reporting individual in excess of $10,000.00 as of the date of filing of this statement other than liabilities to a relative. Do not list liabilities incurred by or guarantees made by the family member of the reporting individual or by any proprietorship, partnership or corporation in which the family member of the reporting individual has an interest, when incurred or made in the ordinary course or the trade, business or professional practice of the family member of the reporting individual. Include the name of the creditor and the type of liability. The family member of the reporting individual need not list any obligation to pay maintenance in connection with a matrimonial action, alimony or child support payments. Any loan issued in the ordinary course of business by a financial institution to finance educational costs, the cost of home purchase or improvements for a primary or a secondary residence or the purchase of a personally owned motor vehicle, household furniture or appliances shall also be excluded. If any such reportable liability has been guaranteed by any third person, list the liability and name the guarantor. Name of Debtor or Creditor Type of Obligation or Guarantor or Liability __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ _____________________________________________________________ 4a. Your Non-profit Affiliations. List the name of any not-for- profit corporation which has its primary place of business in Tompkins County of which you are a director, officer, or employee. Name of Organization Nature of Business Duties or __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 4b. Your Family Members' Non-profit Affiliations. List the name of any not-for-profit corporation which has its primary place of business in Tompkins County which any family member is a director, officer, or employee. Family Name of Nature of Business Duties or Member Organization Nature of Affiliation __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ _____________________________________________________________ 5a. Your Contracts with City. Set forth below any interest which you have in any contract with the City. (You may exclude your employment contract with the City for the principal services you perform for the City as a publicly elected official.) Name of Debtor, Creditor Type of Obligation or guarantor or Liability __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 5b. Your Family Members' Contracts with City. Set forth below any interest which any family member has in any contract with the July 7, 1993 16 City. Name of Debtor, Creditor Type of Obligation or guarantor or Liability __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ _____________________________________________________________ Date:________________________ Signed:__________________________________________________________ SECTION 14. Severability If any provision of this ordinance is held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity and effectiveness of the remaining provisions of this ordinance. SECTION 3. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor regarding the Ordinance and the Disclosure Statement. Amending Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That in 2A and 2B of the Disclosure Statement, the words "Also list the nature of any self-employment from which you have derived gross income of more than $5,000.00 during the previous twelve months" be deleted. Discussion followed on the floor on the amendment. No vote was taken on Alderperson Daley's Amending Resolution. Alderperson Schroeder introduced a Substitute Amending Resolution changing the figure of $5,000. to $10,000. in 2A and 2B of the Disclosure Statement, and suggested leaving the wording the same. Motion to Substitute the Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Hoffman A vote on the Motion to Substitute resulted as follows: Ayes (7) - Schroeder, Hoffman, Johnson, Efroymson, Berg, Golder, Booth Nays (3) - Daley, Romanowski, Blanchard Carried Substitute Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the figure of "$5,000.00" in 2A and 2B of the Disclosure Statement be changed to $10,000.00", and the wording be left the same. Ayes (7) - Schroeder, Booth, Berg, Blanchard, Romanowski, Johnson, Daley July 7, 1993 17 Nays (3) - Golder, Efroymson, Hoffman Carried Amending Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That the words "located in Tompkins County or which has its primary place of business in Tompkins County and" be deleted from 2A and 2B of the Disclosure Statement. Discussion followed on the floor regarding the amendment. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That 3A and 3B be deleted from the Disclosure Statement. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (6) - Daley, Romanowski, Blanchard, Berg, Schroeder, Mayor Nichols Nays (5) - Efroymson, Johnson, Booth, Golder, Hoffman Carried Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That under the heading "FAMILY MEMBERS", after the words "spouse or domestic partner", the words "or a member of a Functional Family unit" be added. At the end of the same paragraph the definition of "Functional Family Unit" as defined in Section 325-3 of the City of Ithaca Zoning Ordinance be added. Alderperson Blanchard explained her proposed amendment and extensive discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (4) - Blanchard, Berg, Daley, Romanowski Nays (6) - Booth, Johnson, Efroymson, Hoffman, Golder, Schroeder Motion Fails Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That in 1A and 1B of the Disclosure Statement, the words "that is in the City of Ithaca (the `City') or the Town of Ithaca" be deleted. Discussion followed on the floor regarding the amendment. A vote on the Amending Resolution resulted as follows: Ayes (6) - Romanowski, Daley, Blanchard, Johnson, Schroeder, Golder Nays (4) - Berg, Efroymson, Booth, Hoffman Carried Amending Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That in 2A and 2B of the Disclosure Statement, after the words "you or other members of your family, more than ten percent", add the words "or $10,000" and after the words "outstanding stock", add the words "bonds or funds". Ayes (8) - Daley, Blanchard, Efroymson, Johnson, Booth, July 7, 1993 18 Romanowski, Schroeder, Golder Nays (2) - Hoffman, Berg Carried Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Daley RESOLVED, That in 4A and 4B of the Disclosure Statement, the words "which has its primary place of business in Tompkins County" be deleted. Ayes (6) - Blanchard, Romanowski, Daley, Golder, Johnson, Schroeder Nays (4) - Berg, Hoffman, Efroymson, Booth Carried Motion to Table By Alderperson Berg: Seconded by Alderperson Johnson RESOLVED, That the Code of Ethics Ordinance be tabled until further review. Ayes (3) - Johnson, Berg, Blanchard Nays (7) - Booth, Schroeder, Daley, Romanowski, Golder, Efroymson, Hoffman Motion Fails Main Motion as Amended A vote on Chapter 55, "Ethics, Code of" and the Amended Disclosure Statement resulted as follows: Ayes (8) - Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Nays (2) - Romanowski, Blanchard Carried The Disclosure Statement as Amended shall read as follows: ANNUAL DISCLOSURE BY CITY OF ITHACA ELECTED Last Name First Name Initial City Position Held Work Address Phone No. USE ADDITIONAL PAGES IF NECESSARY FAMILY MEMBERS. List each family member. "Family" shall be defined as your spouse or domestic partner, and all dependent children. "Spouse" shall mean the husband or wife of the reporting individual unless living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to: a judicial order, decree or judgment, or a legally binding separation agreement. Domestic partner shall mean a person defined as a domestic partner pursuant to Chapter 215, Article IV, of the City of Ithaca Municipal Code. Name Relationship to You __________________________________________________________________ ________________________________________________________________ July 7, 1993 19 __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ If the answer to any of the following questions is "none", please so indicate. 1a. Your Real Estate Ownership. Provide the following information regarding each piece of property that you own, or have a significant financial interest in. "Significant financial interest" means an ownership interest of more than ten percent. "Significant financial interest" shall also include a security interest in the property (such as a mortgagee) of more than $100,000.00. Address of Real Estate Nature and Extent of Investment __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 1b. Your Family Members' Real Estate Ownership. Provide the following information regarding each piece of property that any member of your family owns or has a significant financial interest in. "Significant financial interest" means an ownership interest of more than ten percent. "Significant financial interest" shall also include a security interest in the property (such as a mortgagee) of more than $100,000.00. Name of Family Member Address of Real Estate Nature and Extent of Investment __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ____________________________________________________________ 2a. Your Financial Interests. Provide the following information regarding any partnership, business corporation, unincorporated association, or unincorporated business for which you are an officer, or employee, or have a significant proprietary interest (an ownership interest of more than ten percent), or own or control, individually or in combination with you or other members of your family, more than ten percent or $10,000.00 of the outstanding stock, bonds or funds. Also list the nature of any self-employment from which you have derived gross income of more than $10,000.00 during the previous twelve months. Name of Employer or Nature of Business Duties or Business Nature of Affiliation __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 2b. Your Family Members' Financial Interests. Provide the following information regarding any partnership, business corporation, unincorporated association, or unincorporated business for which any family member is an officer, or employee, or has a significant proprietary interest (an ownership interest of more than ten percent) or owns or controls, individually or in July 7, 1993 20 combination with you or other members of your family, more than ten percent or $10,000.00 of the outstanding stock, bonds or funds. Also list the nature of any self-employment from which any of your family members have derived gross income of more than $10,000.00 during the previous twelve months. Family Name of Employer Nature of Business Duties or Member or Business Nature of Affiliation ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ __________________________________________________________________ ________________________________________________________________ 3a. Your Non-profit Affiliations. List the name of any not-for- profit corporation of which you are a director, officer, or employee. Name of Organization Nature of Business Duties or __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 3b. Your Family Members' Non-profit Affiliations. List the name of any not-for-profit corporation of which any family member is a director, officer, or employee. Family Name of Nature of Business Duties or Member Organization Nature of Affiliation __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ _____________________________________________________________ 4a. Your Contracts with City. Set forth below any interest which you have in any contract with the City. (You may exclude your employment contract with the City for the principal services you perform for the City as a publicly elected official.) Description of Contract Nature of Interest in Contract (eg. Professional, Consulting, (eg. Owner, Supplier, etc.) Supplies, etc.) __________________________________________________________________ __________________________________________________________________ _______________________________________________________________ 4b. Your Family Members' Contracts with City. Set forth below any interest which any family member has in any contract with the City. Family Member Description of Contract Nature of Interest in Contract (eg. Professional, Consulting, (eg. Owner, Supplier, etc.) Supplies, etc.) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ______________________________________________________________ Date:________________________ Signed:__________________________________________________________ July 7, 1993 21 RECESS: Common Council recessed at 9:35 p.m. and reconvened in Regular session at 9:45 p.m. * 14.4 An Ordinance Amending Chapter 181 Entitled "Fire Prevention" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Schroeder An Ordinance amending Chapter 181 entitled "Fire Prevention" 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. Chapter 181 entitled "Fire Prevention" of the City of Ithaca Municipal code is amended as follows: That a new subdivision to be known and designated as Subdivision C of Section 181-7 entitled "Code Enforcement Officials; Inspectors" to follow subdivision B is hereby added to said chapter to read as follows: "C. Appearance tickets. The Chief of the Fire Department and/or the Chief's designees shall have the authority, as provided by Municipal Home Rule Law Section 10(4)(a) to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law to enforce any statute, local law, ordinance, rule or regulation relating to fire prevention and/or safety." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of notices provided in the Ithaca City Charter. Carried Unanimously * 14.5 A Local Law Amending Section C-15 Entitled "Building Commissioner" of the City of Ithaca Charter By Alderperson Hoffman: Seconded by Alderperson Johnson Local Law No. 5 of the Year 1993 City of Ithaca A local law amending Section C-15 entitled "Building Commissioner" of the Charter of the City of Ithaca, granting to the Building Commissioner and his or her designees the authority to issue appearance tickets in accordance with the New York State Criminal Procedure Law. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK as follows: Section 1. That Section C-15 of the Ithaca City Charter entitled "Building Commissioner" is hereby amended to read as follows: "C-15 Building Commissioner. The Building Commissioner shall serve as the enforcement officer of all laws, ordinances, rules and regulations, codes and orders applicable to the use of land and the location, design, materials, construction, alterations, repairs, equipment, maintenance, use, occupancy, removal and demolition of the buildings and structures and their appurtenances located in the City. The Building Commissioner shall have such deputies and assistance as the Common Council shall authorize. The compensation of the Building Commissioner shall be fixed by the Common Council. The Building Commissioner and his or her designees shall have the authority to issue appearance tickets in accordance with Article 150 of the New York State Criminal July 7, 1993 22 Procedure Law as provided by Municipal Home Rule Law Section 10(4)(a) for the enforcement of any statute, local law, ordinance, rule or regulation relating to any matters under the authority of the Building Commissioner." Section 2. Effective date. This local law shall take effect immediately after filing with the office of the Secretary of State. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: At the request of Alderperson Hoffman, Item 15.14 from the Committee of the Whole agenda was moved forward: * 15.14 Planning Department - Request Appropriation of Funds for Public Postering Boards - Resolution By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, Common Council has enacted a resolution calling for the erection of several bulletin boards or kiosks for public postering in Collegetown and the Central Business District, to be coupled with a strengthening of the City's Municipal Code provisions against illegal postering, and WHEREAS, the Planning and Development Committee has reviewed a proposal prepared by Ken Hallett and Steven Blais, relative to the cost of materials necessary to construct ten wall-mounted and five free-standing postering boards, the cost of which was estimated at $4,670., and WHEREAS, the Planning and Development Committee has recommended that approximately $2,500 of City moneys be appropriated toward the cost of materials, with the private sector being asked to raise a similar amount; now, therefore, be it RESOLVED, That an amount not to exceed $2,500. be transferred from Unrestricted Contingency to A8020-430 Planning and Development Contractual Services for said purpose, the expenditure of which is predicated on the receipt of matching private sector funding. Discussion followed and Alderperson Schroeder put forth the following: Substitute Resolution By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, Common Council has enacted a resolution calling for the erection of several bulletin boards or kiosks for public postering in Collegetown and the Central Business District, to be coupled with a strengthening of the City's Municipal Code provisions against illegal postering, and WHEREAS, the Planning and Development Committee has reviewed a proposal prepared by Ken Hallett and Steven Blais, relative to the cost of materials necessary to construct ten wall-mounted and five free-standing postering boards, the cost of which was estimated at $4,670, and WHEREAS, the Planning and Development Committee has recommended that City moneys be appropriated toward the cost of materials, with the private sector being asked to raise a similar amount, and WHEREAS, the Department of Public Works has estimated that an additional $2,000. will be required to construct and install said postering boards; now, therefore, be it RESOLVED, That an amount not to exceed $5,000. be transferred from A1990 Unrestricted Contingency, $3,000. to Account A8020-430 July 7, 1993 23 Planning Department Contractual Services for the acquisition of materials, and $2,000. to Account A3311-115 Department of Public Works for construction and installation, the expenditure of which is predicated on the receipt of $1,500. from the private sector. Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, That the figure of $1,500. from the private sector be amended to read $2,000. Discussion followed on the floor. No vote was taken on the Substitute Resolution or the Amending Resolution. Motion to Refer Back to Committee By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the matter of Appropriation of Funds for Public Postering Boards be referred back to the Charter and Ordinance Committee for further review. Discussion followed on the motion to refer. Ayes (8) - Blanchard, Booth, Romanowski, Johnson, Berg, Daley, Schroeder, Golder Nays (2) - Efroymson, Hoffman Carried * 15.1 Police Department - Request to Sign 1993-1994 NYS Office of Court Administration Agreement and Amend 1993 Police Department Authorized Personnel Roster By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the New York State Office of Court Administration has requested a significant increase in security service when the new City Court Facility becomes operational on July 19, 1993, and WHEREAS, the Police Department would be unable to provide said increased coverage, which equates to an additional full-time Police Officer position, within the existing complement of officers, and WHEREAS, the Office of Court Administration has agreed to reimburse the City for the entire cost of salary and benefits for a full-time Police Officer and such additional part-time service as required at the City Court Facility, up to an amount not to exceed $49,000; now, therefore, be it RESOLVED, That the roster for the Police Department be hereby increased by one Police Officer position, subject to the continuing availability of Office of Court Administration funding for said position, and be it further RESOLVED, That the Police Chief be authorized to execute the 1993- 94 Court Security Services Agreement with the State Office of Court Administration, inclusive of amendments as required, subject to review by the City Attorney and City Controller. Carried Unanimously Alderperson Hoffman left the meeting at 10:05 p.m. * 15.2 Planning Department - Request to Amend Youth Bureau Acoustic Remediation Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Planning Department has determined that the existing contract for design of the Youth Bureau Facility Acoustic July 7, 1993 24 Remediation Project did not include provision for the following services: Design Phase Construction Cost Estimates $ 450 Assist Owner in Obtaining Required Permits 225 Documents Phase Construction Cost Estimates 375 Bi-weekly Site Visits 675 Total $1,725 and WHEREAS, additional professional consulting services, which may be required during the design process, have been estimated at $2,275; now, therefore, be it RESOLVED, That contract authorization for this purpose be increased from $8,500 to an amount not to exceed $12,500, said funding to be provided from existing Capital Project #244 authorizations. Planning and Development Director Van Cort explained the resolution. A vote on the resolution resulted as follows: Ayes (6) - Johnson, Daley, Efroymson, Schroeder, Golder, Berg Nays (3) - Blanchard, Romanowski, Booth Carried (6-3-0) *15.3 Planning Department - Request to Amend 1993 Planning Department Personnel Roster By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the Planning Department currently has a vacant part-time 25 hour per week secretarial position, as a result of the resignation of Ev Hogben, and WHEREAS, in the interest of reducing personnel costs, the Director of Planning and Development has recommended that, by increasing an existing part-time secretarial position from 17 to 25 hours per week, sufficient office coverage would be provided; now, therefore, be it RESOLVED, That the part-time secretarial position held by Eileen Jacobs be hereby increased from 17 to 25 hours per week effective July 12, 1993. Carried Unanimously (9-0) *15.4 Planning Department - Request to Support Further Investigation of Debit Cards By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a group comprised of members of the Board of Public Works and staff has been investigating the possible implementation of a debit card system for Parking Facility and Transit System purposes, and WHEREAS, it is possible that a City debit card system could be networked with systems at Cornell University and Ithaca College, and WHEREAS, before additional time and effort are allocated toward the evaluation of this program, the Committee felt that an approval in concept from Common Council should be obtained; now, therefore, be it RESOLVED, That Common Council agrees that further study of the July 7, 1993 25 possible City use of debit cards should be undertaken by the committee established by the Board of Public Works, with progress reports to be made to the appropriate Council committees in several months. Carried Unanimously (9-0) * 15.5 Fire Department - Request to Appropriate Fire and Building Code Aid By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the Fire Department has requested that computer upgrades be made to their current Xenix System that serves the Fire and Building Departments to permit off-hours backup of the system; now, therefore, be it RESOLVED, That the 1993 Authorized Equipment list be amended as follows: 1 Mountain Firesafe 7250 Internal Tape Drive w/Soft- ware and Installation of Tape Drives $1,256.90 7 3M DC6250 Backup Tape Cartridges 199.50 $1,456.40 and be it further RESOLVED, That an amount not to exceed $1,456.40 be transferred from Account A690-10 Fire and Building Code Aid to Account A3410- 210 Office Equipment for said computer equipment purchase. Carried Unanimously (9-0) * 15.6 Youth Bureau - Request to Amend 1993 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Ithaca Youth Bureau will receive $4,458 from Tompkins County for the continuation of the Municipal Jobs Program for Summer Youth Employment Program for City of Ithaca teens; now, therefore, be it RESOLVED, That the 1993 City of Ithaca Budget be amended to reflect $4,458 in funding from Tompkins County for the Municipal Jobs Program, as follows: Increase Income: A2350 Youth Services - Other Governments $4,458.00 Increase Appropriations: A7310-120-1202 Hourly P/T 3,710.00 A7310-445-1202 Travel 300.00 A7310-460-1202 Program Supplies 100.00 A9030 Social Security 284.00 A9040 Workers' Compensation 64.00 $4,458.00 Carried Unanimously (9-0) * 15.7 Youth Bureau/GIAC - Request to Transfer Funds for Alex Haley Pool By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Alex Haley Pool is in need of additional staffing in the hourly part-time account to supervise the pool safely and effectively, and WHEREAS, G.I.A.C. has had various positions open and not filled, July 7, 1993 26 for a period of time, and has additional funds in the Staff Account; now, therefore, be it RESOLVED, That an amount not to exceed $9,453 be transferred from Account A7311-110-1102 Staff to Account A7322-120-1102 Hourly Part-time for funding of additional hourly part-time positions at the Alex Haley Pool. Carried Unanimously (9-0) * 15.8 Youth Bureau/GIAC - Request to Transfer Funds for Alex Haley Pool By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Alex Haley Pool was budgeted without the proper supply of essential first aid equipment to operate the pool; now, therefore, be it RESOLVED, That an amount not to exceed $1,570 be transferred from Account A7311-110-1102 Staff to Account 7311-460-1102 Program Supplies to purchase essential first aid equipment to properly operate the Alex Haley Pool. Carried Unanimously (9-0) * 15.9 DPW - Request to Establish Capital Project #276 for Wood Street Park Improvements By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City's 1993 Community Block Grant Program request includes $45,000 in funding for Wood Street Park Improvements, and WHEREAS, the Ithaca Urban Renewal Agency has requested that $24,000 be allocated for certain additional related improvements in the area adjacent to Wood Street Park (such as, sidewalks and street trees), inclusive of materials and Department of Public Works Park Account Labor, and WHEREAS, the Board of Public Works has reviewed the aforementioned request for $24,000 and has recommended the establishment of a capital project for improvements to Wood Street Park; now, therefore, be it RESOLVED, That Capital Project #276 Wood Street Park Improvements shall be hereby established for an amount not to exceed $69,000 with financing to be provided as follows: A) 1993 Community Development Block Grant Funds (Approval Pending) $45,000 B) Proceeds of serial bonds to be issued $24,000, and be it further RESOLVED, That the implementation of this project shall be subject to the City's receipt of the requested 1993 Community Development Block Grant. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously (9-0) * 15.10 DPW - Request to Extend Free Bus Passes for City Employees and Others By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Common Council passed a resolution allowing City employees to ride Ithaca Transit free for a period of one year, expiring April 1, 1993, and July 7, 1993 27 WHEREAS, the free pass program to City employees has been successful during the one year trial period and staff recommends extension of the free bus service for one more year, and WHEREAS, the B & A Committee has recommended that free bus passes also be extended to all non-City employees (i.e.: board and committee members) who currently have City of Ithaca parking privileges; now, therefore, be it RESOLVED, That any City employees and non-City employees who currently have City of Ithaca parking privileges, and who hold and display a current City identification card, be allowed to ride the Ithaca Transit buses free for a period of one year, ending June 30, 1994, subject to written agreement by the various City employee Unions that this privilege will not be considered as a past practice. Carried Unanimously (9-0) * 15.11 DPW - Request for Installation of Collegetown Directional Signage By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the Board of Public Works has approved the installation of directional signs for the Collegetown Business District and Cornell University in the amount of $500; now, therefore, be it RESOLVED, That Common Council approves the authorization of an amount not to exceed $500 to be appropriated from Capital Project #271 Downtown Improvements for the implementation of directional signs for the Collegetown Business District and Cornell University. Carried Unanimously (9-0) * 15.12 DPW - Request to Amend Capital Project #605 Sewer Main Reconstruction By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Spring flooding has caused a trunk sewer main to fail on Dey Street and Franklin Street in the City, thereby creating a public emergency which threatens the life, health and safety of City residents, and public and private property at and near said location, and WHEREAS, the Board of Public Works declared this area a public emergency in accordance with Section 103 of the General Municipal Law, thereby negating the statutory requirement to bid the project necessary to repair this trunk sewer, and WHEREAS, Capital Project #605 was established at the May 5, 1993 Common Council Meeting for sewer main reconstruction in the amount of $200,000 for work at Adams Street and First Street, and WHEREAS, the estimated reconstruction cost of the Dey Street and Franklin Street sewer is $115,000; now, therefore, be it RESOLVED, That Common Council reaffirms the declaration of the public emergency created by said weather event, and be it further RESOLVED, That Capital Project #605 Sewer Main Reconstruction be amended by an amount not to exceed $115,000 for a total project cost of $315,000 to reconstruct trunk sewer mains, and be it further RESOLVED, That the amendment to the project be funded from existing monies transferred from Capital Reserve #17 Sewer Construction. July 7, 1993 28 Carried Unanimously (9-0) * 15.14 Finance Department/Chamberlain - Request to Waive Tax Penalty By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, Mr. Darfler, the property owner at 210 Cleveland Avenue, has provided sufficient documentation to support his contention that he sent his tax payment to the Chamberlain's Office on a timely basis; now, therefore, be it RESOLVED, That the $20.31 tax penalty and fees on the 1993 First Tax Installment for the property at 210 Cleveland Avenue be waived. A vote on the resolution resulted as follows: Ayes (8) - Booth, Berg, Schroeder, Golder, Romanowski, Daley, Blanchard, Johnson Abstention (1) - Efroymson (conflict of interest) Carried (8-1-0) * 15.15 Finance Department/Controller - Request to Approve 1993- 1994 Civil Service Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 1993 to June 30, 1994, in an amount of $19,209.00, payable to the City of Ithaca on or before November 1, 1993. Carried Unanimously (9-0) * 15.16 Finance Department/Controller - Bond Resolution By Alderperson Booth: Seconded by Alderperson Romanowski BOND RESOLUTION DATED JULY 7, 1993. A RESOLUTION AUTHORIZING THE ISSUANCE OF $930,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $930,000 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a)The purchase of a fire fighting pumper vehicle, including incidental expenses and originals apparatus in connection therewith, at a maximum estimated cost of $275,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of July 7, 1993 29 the Local Finance Law. b)The purchase of a fire fighting ladder truck, including incidental expenses and original furnishings in connection therewith, at a maximum estimated cost of $625,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, and c)The purchase of new computer equipment, including incidental expenses in connection therewith, at a maximum estimated cost of $5,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; and d) The reconstruction of parking meters throughout and in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $25,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes or classes of objects or purposes is $930,000, and the plan for the financing there is by the issuance of the serial bonds authorized by Section hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. Annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any July 7, 1993 30 order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect form registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1)Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2)The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3)Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150-2(d) and (e). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. City Controller Cafferillo explained the Bond Resolution. A roll call vote called on the foregoing resolution and resulted as follows: July 7, 1993 31 Booth -- Aye Romanowski -- Aye Blanchard -- Aye Golder -- Aye Efroymson -- Aye Schroeder -- Aye Hoffman -- Absent Berg -- Aye Daley -- Aye Johnson -- Aye Ayes (9) Absent (1) Carried Unanimously (9-0) * 15.17 Finance Department/Clerk - Request to Amend 1993 Personnel Roster and 1993 Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has received its third Records Management Grant from the New York State Education Department in the amount of $40,223 for the period July 1, 1993 to June 30, 1994, and WHEREAS, the City has decided to continue the services of temporary employee Chris Dubetsky to perform services related to the Records Management Grant; now, therefore, be it RESOLVED, That the 1993 Personnel Roster be amended as follows: Addition: One (1) Temporary Records Management Coordinator Position, Grade 17, and be it further RESOLVED, That Chris Dubetsky be hired for the temporary position of Records Management Coordinator, Grade 17, at an hourly rate of $10.49, 35 hours per week, that being Step 6 on the C.S.E.A. Administrative Unit Compensation Plan, effective July 8, 1993 and ending with said grant on June 30, 1994, and be it further RESOLVED, That the 1993 Budget be amended to reflect the 1993 portion of the Records Management Grant as follows: Increase Income: A3060 State Aid Records Management $40,223 Increase Appropriations: A1460-110 Staff 19,442 A1460-225 Other Equipment 16,335 A1460-425 Office Expense 345 A1460-430 Fees 1,064 A1460-497 Renovations 1,549 A 9030 Social Security 1,488 $40,223 Carried Unanimously (9-0) * 15.18 Finance Department/Controller - Request to Accept 1992 Annual Financial Report By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1992 Annual Financial Report prepared by the Finance Department be accepted as presented. Carried Unanimously (9-0) HUMAN SERVICES COMMITTEE: * 16.1 Police Community Relations Alderperson Johnson reported that the Human Services Committee has taken action and passed 12 of the recommendations that were forwarded from the Steering Committee. Resolutions will be July 7, 1993 32 forthcoming to Council in August. * 16.2 City/County Consolidation of Human Service Funding By Alderperson Johnson: Seconded by Alderperson Efroymson WHEREAS, by agreement between the City of Ithaca and the County of Tompkins dated March 18, 1993, it was agreed, among other things, that the City would support proposed state legislation authorizing the County to charge an additional 1% sales tax and that a joint committee would be established to specify methods by which, among other things, City and County payments to Human Service Agencies may be consolidated and costs allocated more equitably, and WHEREAS, meetings between representatives of the City and the County have occurred, and WHEREAS, the City and County wish, at this time, to amend and clarify the agreement of March 18, 1993; now, therefore, be it RESOLVED, That the Mayor is authorized to enter into the agreement with the County of Tompkins. Extensive discussion followed on funding for Human Services Coalition. Amending Resolution By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That paragraph #2 in the City/County Consolidation of Human Services Funding Agreement be deleted. Ayes (2) Romanowski, Booth Nays (7) Blanchard, Daley, Efroymson, Johnson, Schroeder, Golder, Berg Motion Fails (2-7-0) A vote on the Main Motion resulted as follows: Ayes (7) - Blanchard, Johnson, Efroymson, Schroeder, Daley, Berg, Golder Nays (2) - Romanowski, Booth Carried (7-2-0) PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Community Gardens Lease By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, Common Council recognizes the public benefit provided to residents of the City of Ithaca by the Ithaca Community Gardens, and WHEREAS, for several years the City of Ithaca has been committed to having the Community Gardens at their current location, the Carpenter Business Park, and WHEREAS, Project Growing Hope, Inc., the entity which has managed the community gardens for several years has invested considerable funds and energy in improvements to the Community Garden site, and WHEREAS, Project Growing Hope, Inc. has requested a long term lease to occupy the current Community Gardens site, and WHEREAS, such a long term lease would provide the necessary long term site control to allow Project Growing Hope, Inc. to further develop the Community Gardens site, and WHEREAS, in light of the public's continued use of the site and the public benefits to be gained thereby, the City of Ithaca will July 7, 1993 33 receive full value for this lease; now, therefore, be it RESOLVED, That Common Council does concur with the proposed terms and conditions for the lease of the premises currently used as the Ithaca Community Gardens as more specifically set forth in the lease, and be it further RESOLVED, That Common Council does hereby authorize and direct publication of notice of the proposed lease together with the proposed terms for such lease in the manner prescribed by the Ithaca City Charter. Carried Unanimously (9-0) Allan H. Treman State Marine Park Draft Master Plan and D.E.I.S. - Report Alderperson Schroeder reported that the Planning and Development Committee will be discussing comments on the Draft Master Plan and the D.E.I.S. at their regular meeting in July. Alderperson Blanchard asked Alderperson Schroeder to coordinate a trip to Treman Marina to look at what the proposed plan includes. Alderperson Schroeder agreed to schedule such a trip. Rental Housing Commission - Report Alderperson Schroeder reported that the Rental Housing Commission is being reviewed again to clarify its charge. Odd/Even Parking Revision - Report Alderperson Schroeder stated that there will be Public Informational meeting on July 13 regarding the issue of Odd/Even Parking. NEW BUSINESS: * 21.1 Guatemala Resolution By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, the United Nations has declared 1993 the Year of Indigenous People, and WHEREAS, Rigoberta Menchu, a Mayan peasant woman from Guatemala, received the 1992 Nobel Peace Prize, and WHEREAS, an Ithaca organization, the Committee on U.S.-Latin American Relations, actively provides information on Guatemala and works to further the cause of Human Rights in that country, and WHEREAS, in recent years, a number of Ithacans has visited Guatemala, and WHEREAS, our local co-operative food market, Greenstar, collects a tax on bananas and donates that money to Guatemalan unions who are working to improve the lives of workers, and WHEREAS, Alderperson Golder will be a part of a delegation visiting Guatemala for two weeks in July to support refugees returning to that country; now, therefore, be it RESOLVED, That Common Council supports efforts to bring peace and justice to Guatemala, and wishes Alderperson Golder well on his trip. July 7, 1993 34 Ayes (6) - Efroymson, Johnson, Golder, Berg, Booth, Schroeder Abstentions (3) - Blanchard, Romanowski, Daley Carried (6-0-3) ADJOURNMENT: On a motion the meeting adjourned at 11:05 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor