HomeMy WebLinkAboutMN-CC-1996-01-03January 3, 1996
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. January 3, 1996
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Blumenthal, Shenk, Hanna, Gray,
Sams, Marcham, Efroymson, Thorpe, Mackesey
OTHERS PRESENT:
Deputy City Clerk - Kaupe
Deputy City Controller - Thayer
Building Commissioner - Eckstrom
Director of Planning and Development - Van Cort
Superintendent of Public Works - Gray
Police Chief - McEwen
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
Youth Bureau Director - Cohen
Assistant City Attorney - Kennedy
City Attorney - Geldenhuys
Community Development Administrator - Stevenson
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the November 1, 1995 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the November 1, 1995 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Alderperson Efroymson noted that there will a resolution
regarding appointment of Marriage Officers added under New
Business.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Proposed Exterior Property Maintenance Ordinance
Ms. Veet Deha, 319 South Albany Street, suggested the following
rewording of the compost section of the proposed Exterior
Property Maintenance Ordinance: (new language underlined)
"Composting shall mean a method of processing organic materials
including yard and garden trimmings, food scraps and household
residues for the purpose of natural transformation into "compost"
in a container that 1) is maintained and operated in a nuisance-
free manner, 2) contains no sewage, sludge or septage, 3) shows
no visible contaminants such as plastic, metal, or glass and 4)
leaves no food scraps visible from neighboring or public view
(outermost layer shall be non-food material, e.g. leaves, yard
waste, old hay, shredded paper, and similar carbonaceous
ingredients). No loose piles of food scraps."
Proposed Off-Street Parking Ordinance
Richard Entlich, 320 Linn Street, spoke to Council regarding the
proposed Off-Street Parking ordinance. He stated that he hoped
the ordinance will pass but he was very skeptical about the
impact it will have on neighborhood parking problems. He said
that two years ago he was a member of the City's Task Force on
Parking Issues and their final report emphasized quite strongly
that lax enforcement of vehicle and traffic laws is a major
January 3, 1996
problem in Ithaca and nothing has changed in that department and
he hoped the Council will follow up with the creation of yet
another vehicle law with attention to enforcement issues.
Selection of City Court Judge Process
The following persons spoke to Council regarding the City Court
Judge position and selection process:
Susan Pratt, Maria Iannacome Coles, Judy Long, Joyce Muchan,
Margaret A. Dwyer, Tom Newton, Howard Aldendorff
Highway Project/Street Parking
Ms. Cynthia Yahn, 610 West Buffalo Street, spoke to Council
regarding concerns that residents of the 600 block of Buffalo
Street have for when the highway project is completed. She said
that overlooking this neighborhood's basic need for parking is a
grave mistake. It is spending the message that City government
is pushing property owners and businesses away from development
and toward neglect. The residents, tenants, and employers and
employees of West Buffalo Street, urge the Planning Committee and
the Common Council to reconsider the effects of Council's earlier
decision to entirely remove street parking from this block.
IPAC
Mr. Jim Salk, 603 Elm Street Extension, member of the Board of
Directors of the Ithaca Performing Arts Center, spoke to Council
regarding the request on tonight's agenda for funding for IPAC
for 1996. He urged Council to pass the resolution.
RESPONSE TO PUBLIC:
IPAC
Alderperson Johnson responded to Mr. Salk’s remarks.
Highway Project/Street Parking
Alderpersons Efroymson, Sams and Johnson stated that they hope
the Planning Committee does take a look at the issue of the loss
of parking on West Buffalo Street. They emphasized that the
Planning Committee, the Board of Public Works, and Second Ward
Alderpersons review the issue because there is already a lot of
work underway.
Proposed Exterior Property Maintenance Ordinance
Mayor Cohen thanked Veet Deha for her remarks on composting. He
stated that he is hopeful that more citizens will come forward
and get more involved in the process by suggesting language for
this legislation.
City Court Judge Position and Selection Process
Mayor Cohen stated that although there may have been some
mistakes in how the selection process was structured, his
intentions were good, he tried to get community input. He further
stated that if there is a similar process for any other position
in the future, everyone should be assured that Council and the
Mayor will spend more time developing that process before
implementing it. Mayor Cohen further stated that he believed
that he and Council would have a good working relationship.
EXECUTIVE SESSION:
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That this Council adjourn into Executive Session at
8:00 p.m. to discuss the appointment of the City Court Judge.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into Regular Session at 8:20 p.m.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on December actions of
the Board of Public Works:
January 3, 1996
A resolution was passed to consider a proposed increase in fares
for Ithaca Transit. The Board has set up a public hearing for
Wednesday, January 10, 1996 at 5:30 in Council Chambers.
The Board initially rejected the proposed increase in the off-
street parking rates that Council passed as part of the 1996
budget. The Superintendent took administrative action to put the
rates into effect and the Board passed a resolution subsequent to
that saying that the Board reluctantly accepts the parking rates
set by Common Council and monthly permit rates set by staff and
that the Board will review revenue and rates early in 1996.
The Board reviewed rules for parking permit holders regarding
clearer language indicating cars are to be moved on a daily
basis.
The Department of Public Works as mandated by federal government
to begin testing employees holding commercial driver's licenses
for use of alcohol and drugs. The resolution as passed adopted
the proposed policy as written with an implementation date of
January 1, 1996.
Commissioner Reeves questioned the status of members of Circle
Greenway listed in the proposed revision of the Municipal Code
Section entitiled "City Officers."
Martin Luther King, Jr. Breakfast
Alderperson Efroymson announced that on Saturday, January 13, the
annual Martin Luther King breakfast will held from 8:30 - 11:00
a.m. at the Beverly J. Martin School auditorium.
COMMUNICATIONS FROM THE MAYOR:
Letter to Fire Chief Wilbur re: Center Ithaca sprinkler pipe
Mayor Cohen read a letter from Bill Petrillose, Building Manager,
to Fire Chief Wilbur thanking the department for the prompt
response for helping control the amount of damage that could have
occurred from the sprinkler pipe coming apart at Center Ithaca on
December 10, 1995.
City Judge
Mayor Cohen stated that he is officially putting forth the name
of John Rowley for the position of City Judge.
Alderperson Shenk made the following statement on behalf of
herself, Alderpersons Thorpe, Mackesey, Gray, Blumenthal,
Efroymson and Johnson:
"The appointment of City Court Judge has been difficult due
to a number of factors. None of this is due to the quality of
John Rowley as a candidate. Mr. Rowley will be excellent City
Court Judge and we have faith that he will act in the best
interests of the community at all times.
The Mayor developed a process for the appointment of the
City Court Judge which met with the enthusiastic support of the
community. We strongly support bringing the community into the
process of this appointment, but having done that, we must honor
the results of that process.
We have a strong disagreement with the Mayor's process of
elimination--specifically, the elimination of Judge Olds.
From the start, Mayor Cohen maintained that all the candidates
would be given a fair chance at the interview process, which was
designed to maximize the input of both lawyers and human service
agencies. But when Judge Olds received the highest combined
rating from the two panels, along with the support of an
overwhelming majority of Council members, the Mayor still would
not agree to reappoint her.
Now the Mayor is saying that the makeup of the committees he
himself appointed was biased toward Olds. His private
conversations with attorneys, whose names he will not mention,
apparently get more weight than those attorneys involved with the
process. Those who interact with the courts, including human
service professionals, and, we have reason to believe, many
police officers, strongly support Judge Olds. This tells us
something positive about Marjorie Olds: that those who work most
directly with people in trouble find her to be the best choice.
January 3, 1996
Clearly the Mayor is not willing to reconsider this re-
appointment.
It would have been much more respectful for the Mayor to be
up front from the beginning and not have pretended that she stood
a chance of being re-appointed. Everything that could have
happened to recommend her has happened. Clearly, it would have
taken extraordinary circumstances for the Mayor to re-appoint
her. We would hope that the City would treat our incumbents
better than this.
There are many decisions to be made in the next few months
by the Mayor and Common Council, including some important
appointments to City Boards and Commissions. We expect the Mayor
to be more consistent and straightforward as we proceed on these
appointments so that we can truly work together for the best
interest of the City."
Alderperson Sams made the following statement:
"I want to let it be known that just because I didn't sign
on to that statement that I don't support Marge, because I do. I
didn't sign on to the statement because I think the process was a
problem and I think that if the process had been done
differently, and I said to Council before this is deja-vu for me.
I've been on the same process before with the School District and
ended up blaming the Superintendent for the exact same thing that
happened. I think we learned some lessons from that and I think
this is a lesson and I'm not ready to put the blame on anybody
per se. We just had a different way of evaluating. The next we'll
know that hopefully we'll do better. I just want to say that it
doesn't have anything to do with the two people, because I do
support Marge and will continue to support Marge."
Alderperson Blumenthal made the following statement:
I just want to say that when I was asked to sign on to the
letter it was explicit that it was not absolute 100% and that
there were subtleties that run through it and that there is a
feeling of regret about all of it."
Mayor Cohen made the following statement:
"As I stated earlier, I'll be the first to acknowledge that
there were some problems with the process. One of the
difficulties that I had in putting this process together is that
I was not able to work with Common Council as a body; I was not
Mayor. I was an individual acting on my own with other community
members, doing my best and trying to do what I thought was a good
thing. I still think what I did was a good thing; it was flawed
and I acknowledge that. I still feel the results that came out
of this process were good results.
There were three people who floated to the top. As somebody
pointed out to me earlier, it's common when City employees are
appointed, we typically select from the list of Civil Service top
three candidates and the top candidate in the score does not
automatically get the job. Any member of Council will tell you
that this is often the case.
The results of this process were never meant to be
quantified and some people will tell you there were scores.
There were no numbers involved, there were the scores of
qualification--highly qualified, well qualified, qualified or not
recommended. Some individuals quantified those to try and help
this discussion. I appreciate that effort but quantifying these
results in this particular case, I don't feel is appropriate.
I do feel that all candidates were given a fair shot. Except for
Marjorie, I feel that I tried to weight the process in Marjorie's
favor. I recognize that I had heard some things about Marjorie
and I was not predisposed to her. As a matter of fact I was
predisposed to another candidate whose name I am not putting
forth this evening. That fact in and of itself says to me that
something about the process worked because I wanted to appoint
somebody else and that name is not before Council this evening.
January 3, 1996
I took the time to watch Marjorie in court, I went to both
her interviews, she was the only candidate I did that for. She
was not given the time restrictions that the other candidates
were given. I really tried to listen and I wanted to have my
mind changed, if possible. I didn't hear anything that changed
my mind and so I looked at the other alternatives. As members of
Council also just pointed out, I did not put people on panels if
people said "I'm not for Olds." They were not included. If they
said "I am for Olds", they were included. I did that, for among
other reasons, because if people who were predisposed to
Marjorie, came up with other alternatives, I could feel good that
those individuals whose names also rose up would be people who
would address the same concerns of the community that they feel
Marjorie does. That is why John Rowley's name is before Council
this evening.
Attorneys are not the only people I spoke to in this
process, there are many people in this community whom I spoke to.
I received numerous phone calls, I received numerous letters.
Many of those have been on Marjorie Olds' behalf, some of those
have not been.
Whatever the process, it is water under the bridge. I do
hope in the future, if we put something like this together again,
that we can work together as a body to make sure the process
itself is not flawed and I truly am sorry for some of the
mistakes that were made. But I do believe in my heart that the
choice that I have made is the best choice for this community and
I strongly stand behind it."
Appointment of City Court Judge
Mayor Cohen requested Council approval for the appointment of
John Rowley to the position of City Court Judge with a term to
expire December 31, 2001.
Resolution
By Alderperson Shenk: Seconded by Alderperson Johnson
RESOLVED, That this Council approves the appointment of John
Rowley to the position of City Court Judge with a term to expire
December 31, 2001.
A roll call vote on the resolution resulted as follows:
Blumenthal - Aye Hanna - Aye
Marcham - Aye Gray - Nay
Thorpe - Aye Shenk - Aye
Mackesey - Nay Sams - Nay
Efroymson - Aye Johnson - Aye
Ayes (7)
Nays (3)
Carried (7-3)
REPORT OF THE CITY ATTORNEY:
Litigations
City Attorney Geldenhuys stated that she will report on one
litigation matter in executive session.
Sage Hall Issue
City Attorney Geldenhuys updated Council on the Sage Hall issue.
MAYOR'S APPOINTMENTS:
Standing Committees of Common Council
Mayor Cohen announced his assignments to Standing Committees of
Common Council as follows:
Budget and Administration Community Issues
Shenk, Chair Sams, Chair
Marcham Thorpe
Efroymson Mackesey
Thorpe Gray
January 3, 1996
Mackesey Hanna
Cohen (ex-officio) Cohen (ex-
Law and Governance Planning and Economic Development
Efroymson, Chair Blumenthal, Chair
Johnson Hanna
Sams Marcham
Blumenthal Gray
Shenk Johnson
Cohen (ex-officio) Cohen (ex-officio)
Mayor Cohen explained that the purpose of the Law and
Governance Committee is to write legislation forwarded by other
Common Council Committees, to coordinate the work of all Common
Council Committees and to work on the area of intermunicipal
cooperation, consolidation and collaboration.
Mayor Cohen stated that it is his feeling that economic
development initiatives need to be combined with planning so that
we make decisions that take into account all considerations, not
just those of the business community, of which he is a member.
Mayor Cohen noted that the Community Issues Committee, as
before, will be looking at issues of youth and human services. It
will also be looking at issues relating to the city's senior
citizens and also dealing with the social issues that face this
community. He stated that many people in the past have
criticized Council for spending too much time dealing with social
issues but they do have their place on the floor of Council. He
stated that he is hoping that the Community Issues Committee will
be able to better focus on those discussions so that when they do
come to Council floor we can have a more informative discussion
for the community.
Board of Public Works
Mayor Cohen assigned Alderperson Mackesey to be liaison to the
Board of Public Works.
Recess
Common Council recessed at 8:45 p.m. and reconvened in regular
session at 9:00 p.m.
ECONOMIC DEVELOPMENT COMMITTEE:
* 15.1 Local Development Corporation
This item was removed from the agenda.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.11 Finance/Controller - Request to Place 1996 IPAC Funding
in Restricted Contingency
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, this Common Council approved $12,000.00 in funding for
the Ithaca Performing Arts Center, Inc. in the City's 1996
Budget, and
WHEREAS, Common Council is aware that there are certain sums of
money owing from the Ithaca Performing Arts Center, Inc. to the
City of Ithaca, including outstanding real estate taxes,
outstanding water bills and outstanding fees to the Ithaca Fire
Department; now, therefore, be it
RESOLVED, That the $12,000.00 in funding for the Ithaca
Performing Arts Center, Inc. shall be placed in Account A1990,
reserved contingency, and not released to the Ithaca Performing
Arts Center, Inc. until the Ithaca Performing Arts Center, Inc.
has submitted to Common Council, an acceptable plan for the
repayment to the City of Ithaca, of all debts owing to the City
of Ithaca from Ithaca Performing Arts Center, Inc.
January 3, 1996
Extensive discussion followed on the floor with James Salk and
Linda Bruckner responding to questions from Council members.
A vote on the resolution resulted as follows:
Ayes (9) - Johnson, Mackesey, Thorpe, Sams, Hanna, Gray,
Marcham, Blumenthal, Shenk
Abstention (1) - Efroymson (conflict of interest)
Carried (9-0-1)
* 18.1 Designation of Official Newspaper
By Alderperson Shenk: Seconded by Alderperson Hanna
RESOLVED, That pursuant to Section C-113 of the City Charter, the
Ithaca Journal be and is hereby designated as the official
newspaper of the City of Ithaca for the year 1996.
Carried Unanimously
* 18.2 Collateral to Secure Deposits:
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That the collateral deposited by the Tompkins County
Trust Company, M & T Bank and the Fleet Bank as reported, be
approved as to form and sufficiency.
Carried Unanimously
* 18.3 Public Employee's Blanket Bond
By Alderperson Shenk: Seconded by Alderperson Hanna
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 1996.
Faithful Performance Blanket $250,000 Peerless
Bond Coverage Insurance Co.
Carried Unanimously
* 18.4 Designation of Common Council Meetings
By Alderperson Shenk: Seconded by Alderperson Thorpe
RESOLVED, That the regular meetings of the Common Council, for
the year 1996, 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
* 18.5 Designation of Official Depositories
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That pursuant to Section C-34 of the City Charter, the
Tompkins County Trust Company, M & T Bank, and the Fleet Bank be,
and they are, hereby designated as the official depositories of
all City Funds for the year 1996 and are currently deposited as
follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating 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
Health Facility Agreement 05-201-001004
Deposit on Water Meters 05-201-001004
City of Ithaca-Wire Transfer Community
Enterprise Opportunity 06-201-001004
Ithaca Fire Department Bunker Facilities 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
January 3, 1996
Fire Department Recognition Banquet 05-201-001004
Commons Cultural Tourism 05-201-001004
West End Trees 05-201-001004
Gene Slater Memorial Fund 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. Police, Fire and Employees
Retirement System 08-201-001004
Ithaca Centennial Inc. 01-101-096437
GIAC Youth Enterprise Fund 05-201-001004
FICA Overpayment Reimbursement 05-201-001004
Central Business District Trees 05-201-001004
Juvenile Firesetter's Program 05-201-001004
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
Capital Reserve Fund #24 - Energy Conservation 01-201-001055
Capital Reserve Fund #25 - Capital Improvements 01-201-001055
Capital Reserve Fund #26 - Land Acquisition 01-201-001055
Capital Reserve Fund #27 - DPW Consolidation 01-201-001055
Payroll Benefits - Flexible Spending 08-201-001004
ECHO 05-201-001004
Six Mile Creek Natural Area 05-201-001004
Ruth Andrew Riggs Memorial 05-201-001004
Capital Reserve Fund - Joint Activity Fund 01-101-099762
Debt Service Fund 02-201-001004
Joint Activity Capital Fund 01-101-116535
FLEET BANK
ACCOUNT NAME ACCOUNT NUMBER
Firemen's Relief Fund 267-010001
City of Ithaca Construction Fund 267-010842
Ithaca Area Wastewater Treatment Plant -
Phase III 267-365187
Carried Unanimously
* 18.6 Attorney - Request to Hire Legal Counsel for Wal-Mart
Litigation
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, the Planning Board, its chair David Kay and the City are
being sued by East Coast Development Company and it Vice
President Stephen Hutchinson regarding the denial of site plan
approval for the proposed Wal-Mart development on Elmira Road,
and the magnitude of the work to be completed in a very short
time in order to adequately and aggressively represent the city
in this matter requires that outside counsel be hired to assist
the City Attorney's office, and
WHEREAS, Attorney Arthur Giacalone of Buffalo is already familiar
with the project and the legal issues involved and is able and
willing to assist with the litigation under the direction of the
City Attorney's Office; now, therefore, be it
January 3, 1996
RESOLVED, That the City Attorney or Assistant City Attorney is
hereby authorized to enter into an agreement not to exceed $3,600
with Attorney Giacalone to prepare a legal brief in defense of
the Wal-Mart litigation, and be it further
RESOLVED, That an amount not to exceed $3,600 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-435
Contracts for the funding of said purpose.
Discussion followed on the floor.
Alderperson Blumenthal stated for the record that she will be
abstaining from the vote on this resolution because she was a
participant in the decision on the Wal-Mart site plan approval.
A vote on the resolution resulted as follows:
Ayes (8) - Shenk, Gray, Sams, Johnson, Hanna, Marcham,
Efroymson, Thorpe
Nays (0) -
Abstentions (2) - Blumenthal, Mackesey
Carried (8-0-2)
* 18.7 A Local Law Amending Charter Section C-5 Entitled
"Elective and Appointive Officers" of the City of Ithaca
Municipal Code
By Alderperson Shenk: Seconded by Alderperson Johnson
Local Law No. 1 of the Year 1996
City of Ithaca
A local law amending Article II of the Charter of the City
of Ithaca entitled "City Officers"
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. Amending Article II of the City of Ithaca
Charter.
Section C-5 entitled "Elective and appointive officers" of
Article II of the Ithaca City Charter entitled "City Officers" is
hereby deleted in its entirety and replaced with the following:
ARTICLE II
City Officers
§ C-5. Elective and appointive officers.
1. The elective officers of the city of Ithaca elected at
large by the qualified voters of the city shall be: the Mayor
and a City Judge.
2. The elective officers of the City of Ithaca to be
elected by the qualified voters residing, respectively, in each
ward of the city shall be: two (2) Council members (Alderpersons)
from each ward;
3. The appointed officers of the city shall be:
A. Members of Boards, Councils and Commissions: the six
(6) commissioners of the Board of Public Works, the five (5)
members of the Advisory Commission on Art and Design for Public
Space, the ten (10) members of the Affirmative Action Committee,
the seven (7) members of the Bicycle Advisory Council, the three
(3) members of the Building Code Board of Appeals, the five(5)
commissioners of the Board of Fire Commissioners, the five (5)
members of the Board of Zoning Appeals, the five (5) members of
the Cable Commission, the three(3) members of the Circle
Greenway, the three (3) members of the Civil Service Commission,
the eight(8) members of the Commons Advisory Board, the seven
(7) members of the Community Police Board, the nine (9) members
of the Conservation Advisory Council, the five (5) members of the
Design Review Board, the twelve (12) members of the Disability
Advisory Council, the eleven (11) members of the Energy
Commission, the four (4) members of the Examining Board of
January 3, 1996
Electricians, the four (4) members of the Examining Board of
Plumbers, the five (5) members of the Housing Board of Review,
the seven (7) members of the Ithaca Housing Authority, the seven
(7) members of the Ithaca Landmarks Preservation Commission, the
five (5) members of the Ithaca Urban Renewal Agency, the twelve
(12) members of the Citizens Advisory Committee, the nine (9)
members of the Parks Commission, the seven (7) members of the
Planning and Development Board, the nine (9) members of the
Rental Housing Advisory Commission, the eight (8) members of the
Shade Tree Advisory Committee, the nine (9) members of the Six
Mile Creek Advisory Committee, and the nine (9) members of the
Youth Bureau Advisory Council, all of whom shall be appointed by
the Mayor in accordance with the provisions of the
Charter or the ordinances or resolutions which create such
Boards, Commissions or Councils.
B. Officers who serve at the pleasure of the Mayor: a
City Attorney and a City Prosecutor.
C. Officers appointed by the Mayor pursuant to State
Judiciary Law: a city court judge.
D. Officers appointed by the Mayor pursuant to
Charter Section C-17: the Police Chief, the Deputy Police Chief
and all other sworn members of the Police force.
E. Officers appointed by the Mayor with the approval
of Common Council: the Assistant City Attorney, the Building
Commissioner, the City Chamberlain, the City Clerk, the City
Controller, the Ithaca Activities and Cultural Coordinator, the
Director of Planning and Development, the Deputy City
Chamberlain, the Deputy City Clerk, the Deputy City Controller,
the Fire Chief, the Personnel Administrator, the Superintendent
of Public Works, and the Youth Bureau Director.
F. Officers appointed by the Head of the Officer's
Department: the Assistant Superintendent(s) of Public Works, the
Deputy Building Commissioner(s), the Deputy Director of Planning
and Development, the Deputy Fire Chief and the Plumbing
Inspector.
4. Unless otherwise prohibited by law, the same
person may be appointed to hold one (1) or more of said offices
at the same time. The Common Council may also, prior to each of
such appointments, prescribe the duties of such officers in
addition to and not inconsistent with the duties prescribed by
this Charter, except as otherwise provided for; and subject to
such provisions of the Common Council and to the provisions of
this Charter, the Mayor shall prescribe the duties and fix the
rates of compensation of all officers so appointed.
5. Residency requirements.
A. Residency requirements for city officers who are
officers because of their service on a city board, council or
commission are set out in the sections of the Charter, Municipal
Code or specific resolution which created the board, council or
commission and in Chapter 103 of the Municipal Code.
B. Residency requirements for city officers who are
employees of the City of Ithaca are set out in Article X of
Chapter 90-67 et seq. of the Municipal Code.
Section 2. Effective date. This local law shall take
effect immediately after filing in the office of the Secretary of
State.
Discussion followed on the floor.
A vote on the Local Law resulted as follows:
Carried Unanimously
* 18.8 An Ordinance Amending Chapter 90 Entitled "Personnel" of
the City of Ithaca Municipal Code
By Alderperson Shenk: Seconded by Alderperson Johnson
January 3, 1996
RESOLVED, That Chapter 90, entitled "Personnel", of the Municipal
Code is hereby amended to add a new Article X to read as follows:
Article X
Employee Residency Requirements
90-67. Residency Requirements. All employees who are
identified as public officers in Charter § C-5 are required to be
residents of the City of Ithaca within one year of their
permanent appointment to the title with the following exceptions:
A. Incumbents: the Assistant City Attorney, the
Deputy Building Commissioners, the Assistant Superintendents of
Public Works, and the Ithaca Activities and Cultural Coordinator,
all of whom were not at the time of appointment required to be
residents of the City of Ithaca. However, any individual
subsequently appointed to fill any of these titles shall be
required to become a resident of the City of Ithaca as provided
in this Article.
B. Officers who serve at the pleasure of the Mayor.
C. Fire Department personnel so long as the exemption
of New York State Public Officers Law § 3.4 is applicable to said
personnel.
D. Police Personnel.
90-68. Residency Defined. Residency, as the term is used
in § 90-67, is synonymous with domicile. An employee indicates
residency through factual circumstances which indicate an
intention to make the City of Ithaca the employee's fixed and
permanent home. Such factual indicia of residency shall include,
but not be limited to, the following:
1) Actual residency within the City of Ithaca at a fixed
and/or permanent address which would entitle the employee to vote
as a City resident;
2) The ownership of property and payment of City property
taxes for residential property identified as the fixed and/or
permanent address for the employee;
3) Documented proof of residency in the form of a passport,
driver's license, or similar document.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
* 18.9 DPW - Request to Approve 1996 Off-Street Parking Rates
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, at their December 6, 1995 regular meeting, Common
Council approved as part of the 1996 Budget an estimated off-
street parking revenue amount of $735,000, and
WHEREAS, this revenue amount was to be achieved by increases in
off-street hourly parking rates and monthly permit rates at all
of the downtown and Collegetown lots and garages, and
WHEREAS, staff has recommended several changes in permit parking
rates in order to better match permit demand to available spaces
and avoid implementing a lottery system or monthly sell out of a
fixed number of permits, and
WHEREAS, the Board of Public Works has reviewed Council and
staff's proposed parking rate increases and reluctantly accepts
those recommendations, and
WHEREAS, the Board of Public Works will review off-street parking
rates, data collection, revenues and expenditures in 1996 and
make recommendations to Council based on information collected;
now, therefore, be it
RESOLVED, That Common Council approves the following off-street
parking rates, effective January 1, 1996, including permits sold
after December 21, 1995:
Newly
Previously Authorized
January 3, 1996
Garage/Lot Existing Rates Details
Green Street
Hourly $ 0.35 $ 0.40
Covered $47.00 $50.00 Level 2
Uncovered $25.00 $30.00 Level 3
Seneca Street
Hourly $ 0.35 $ 0.40
Covered $47.00 $50.00 Limit to Levels 5, 6 & 7
Uncovered $25.00 $30.00 Levels 8 & 9
Dryden Road
Hourly $ 0.65 $ 0.75
Monthly Day $50.00 $60.00
Monthly Night $40.00 $44.00
State Street (Lot F)
Uncovered $22.00 $28.00 Limit to 20 Permits
Woolworth's (Lot D)
Hourly $ 0.35 $ 0.40 Limit to south of
standing
Uncovered $36.00 $40.00 lighting, adjacent to
Clinton Street. Don't
sell more than 50.
Desired level is 25
and be it further
RESOLVED, That the limitations of covered permits in the Seneca
Street Garage to levels 5, 6 & 7 not become effective until the
approved security improvements are in place and operating.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the following Resolved Clause be added to the end
of the resolution:
"RESOLVED, That the capital project established by Common Council
in 1995 in the amount of $400,000 to purchase and install new
parking control equipment which will improve efficiency and
access into and out of these off street facilities, install
lighting and other security enhancements and make other repair
and improvements which will generally improve the quality of
service provided to the downtown by these facilities, is given
the highest priority by
this Council and that every effort will be made to identify the
specific pieces of equipment to be purchased by the end of the
first quarter of 1996 and to install this equipment by the end of
the third quarter of 1996."
Extensive discussion followed on the floor with Superintendent
Gray responding to questions from Council members.
A vote on the amending resolution resulted as follows:
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Shenk, Johnson, Sams, Thorpe, Efroymson, Gray,
Blumenthal, Mackesey
Nays (2) - Hanna, Marcham
Carried (8-2)
* 18.10 Resolution Supporting Modification of NYS General
Municipal Law To Allow the Creation of a Public-Private
Partnership For the Provision of Transit Services in Tompkins
County
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca, Tompkins County and Cornell
University joined together in 1991 for the purpose of
January 3, 1996
constructing and operating a transit facility to serve the
residents of Tompkins County, and
WHEREAS, the three entities noted above, in cooperation with
GADABOUT, Inc., have successfully completed construction of said
facility and have successfully operated such since October 1992,
and
WHEREAS, the City of Ithaca, Tompkins County and Cornell
University wish to conclude the process of consolidating the
several transit systems operating in the County under the
auspices of Ithaca Transit, Tomtran, and CU Transit by creating
an organization that can function as a full partnership between
the entities, and
WHEREAS, a modification of New York State General Municipal Law
is required for the development of such a partnership, and
WHEREAS, legal counsel to the City of Ithaca, Tompkins County and
Cornell University have developed appropriate language for such
modification and have prepared such for submission to Senators
Seward and Kuhl and Assemblyman Luster for action, and
WHEREAS, the Chair of the Ithaca Tompkins Transit Center
Operations Committee has been authorized to request that the
Senators and Assemblyman move forward with this proposed
legislation; now, therefore, be it
RESOLVED, That the City of Ithaca requests the assistance and
support of Senators Seward and Kuhl and Assemblyman Luster in
obtaining the modifications to New York State General Municipal
Law which are necessary to facilitate the establishment of a
public-private partnership for the provision of transit services
in Tompkins County.
Carried Unanimously
* 18.12 Youth Bureau - Request to Establish Trust Fund Account
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, the Ithaca Youth Bureau recently received an anonymous
donation in the amount of $30,000 to establish a trust fund for
use by the Youth Bureau, and
WHEREAS, the Youth Bureau Director, donor of the fund, Youth
Bureau staff and Youth Bureau Board have recommended uses for the
donated funds; now, therefore, be it
RESOLVED, That the City establishes a trust fund account in the
amount of $30,000 with the designated account name of Every Child
Has Opportunities (ECHO), and be it further
RESOLVED, That these funds be available and expended under the
following criteria upon the approval of the Youth Bureau
Director, the City Controller and the City Attorney:
1. Expenditures not normally covered by the Youth Bureau
operating budget;
2. Expenditures would include scholarships, special
programs, and creation and improvements of child/youth
environments;
3. The funds will be used to take advantage of
opportunities that arise that would improve the lives
of young children;
4. All expenditures should be for the direct benefit of
young children;
5. Further donations can be made to this trust account;
6. All decisions for this trust fund account use will be
set by the Youth Bureau Director with advice of the
Executive Committee of the Youth Bureau Board and
staff, City Attorney, and City Controller;
7. That these funds would not replace in any way normal
Youth Bureau operating funds, and be it further
January 3, 1996
RESOLVED, That the City Chamberlain with signatures by the Youth
Bureau Director and City Controller will be authorized to make
withdrawals from this trust fund account, and be it further
RESOLVED, That the Ithaca Youth Bureau and Common Council would
like to give a heartfelt thanks to the donor of said funds.
Carried Unanimously
* 18.13 Youth Bureau - Request to Amend 1996 Authorized
Personnel Roster and Budget
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That based on a request initiated by the employee
involved, the 1996 authorized Personnel Roster of the Youth
Bureau is hereby temporarily amended by reducing the full-time
position of the Youth Program Coordinator of the Paul Schreurs
Memorial Program from 35 hours to 25 hours per week from January
1, 1996 to December 31, 1996, and be it further
RESOLVED, That an amount not to exceed $6,909 be transferred from
Account A7310-110-1201 Full-time Salaries to Account A7310-120-
1201 Part-time Salaries for the purpose of hiring part-time
temporary help for said personnel roster amendment.
Carried Unanimously
* 18.14 Finance Department/Controller - Approval of 1996
Community Services Agencies Contracts
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That the Mayor be authorized to execute the following
1996 contracts with Community Services Agencies, in accordance
with the adopted 1996 City budget:
Celebrations - Flag Day 350
Celebrations - Veterans Day 600
Community Arts Partnership 10,000
Community Arts Partnership Visitor Ticket Center 10,000
Cornell Cooperative Extension 5,000
CRESP/Multicultural Resource Center 8,000
DeWitt Historical Society 5,000
Finger Lakes Association 500
Firehouse Theater 3,000
Hangar Theater School Series 1,000
Housing Options for Seniors Today (HOST) 1,500
Human Services Coalition 20,000
Ithaca Breast Cancer Alliance 3,000
Ithaca Festival 8,000
Kitchen Theater Company 3,000
Leadership & Multicultural Alliance 2,500
Police Advocacy Program with Community
Dispute Resolution Center 12,500
Project Growing Hope 500
Sciencenter Afterschool Program 2,500
Tompkins County Area Development Corporation 4,500
The Labor Coalition 13,500
Carried Unanimously
* 18.15 Bond Resolution
By Alderperson Shenk: Seconded by Alderperson Johnson
BOND RESOLUTION DATED JANUARY 3, 1996.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,723,719 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
January 3, 1996
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 $2,723,719 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 reconstruction of various streets and highways
throughout and in and for said City, including incidental
improvements and expenses in connection therewith, at a
maximum estimated cost of $200,000. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the
Local Finance Law, and
b) The reconstruction of various City facilities for the
purpose of removing barriers impeding accessibility and use
in conformance with the Americans with Disabilities Act,
including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $20,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is twenty years,
pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law, and
c) The purchase of computer networking hardware and software
(Phase II), including incidental expenses in connection
therewith, at a maximum estimated cost of $106,000. 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 purchase of a wheelchair lift van, at a maximum
estimated cost of $35,000. It is hereby determined that the
period of probable usefulness of the aforesaid specific or
purposes is five years, pursuant to subdivision 29 of
paragraph a of Section 11.00 of the Local Finance Law.
e) The purchase of equipment for the Department of Public
Works, at a maximum estimated cost of $30,187. 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.
f) The purchase of machinery and apparatus for the Department
of Public Works, each item of which costs in excess of
$30,000, at a maximum estimated cost of $122,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is fifteen years,
pursuant to subdivision 28 of paragraph a of Section 11.00
of the Local Finance Law.
g) The purchase of machinery and apparatus for the Department
of Public Works, each item of which costs in excess of
$15,000, but less than $30,000, at a maximum estimated cost
of $64,000. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is ten years, pursuant to subdivision 28 of
paragraph a of Section 11.00 of the Local Finance Law.
h) The purchase of a 4 x 4 Ramcharger type Fire Department
staff vehicle, at a maximum estimated cost of $30,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is ten years,
pursuant to subdivision 27 of paragraph a of Section 11.00
of the Local Finance Law.
i) The reconstruction of Fire Department facilities, including
incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $61,500. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is twenty years,
January 3, 1996
pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law.
j) The purchase and installation of new lights for City
ballfields, at a maximum estimated cost of $145,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is fifteen years,
pursuant to subdivision 19(c) of paragraph a of Section
11.00 of the Local Finance Law.
k) The purchase of trash recycling bins, containers and racks,
at a maximum estimated cost of $20,000. 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.
l) The purchase of traffic counters and speed data collection
equipment, at a maximum estimated cost of $35,200. 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.
m) The reconstruction of Frosh Alley, including incidental
improvements and expenses in connection therewith, at a
maximum estimated cost of $72,000. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the
Local Finance Law.
n) The reconstruction of the State Street area, including
incidental improvements and expense in connection therewith,
at a maximum estimated cost of $100,000. It is hereby
determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years,
pursuant to subdivision 20(c) of paragraph a of Section
11.00 of the Local Finance Law.
o) The purchase of a solid waste packer and body, at a maximum
estimated cost of $60,000. It is hereby determined that the
period of probable usefulness of the aforesaid class of
objects or purposes is ten years, pursuant to subdivision 6
of paragraph a of Section 11.00 of the Local Finance Law.
p) The replacement of the boiler at the Greater Ithaca
Activities Center, at a maximum estimated cost of $20,000.
It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is
ten years, pursuant to subdivision 13 of paragraph a of
Section 11.00 of the Local Finance Law.
q) The installation of fiber optic line throughout said City to
link the police, fire, City Hall, County and other
facilities for telecommunication purposes (Phase II), at a
maximum estimated cost of $55,000. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is ten years, pursuant to
subdivision 25 of paragraph a of Section 11.00 of the Local
Finance Law.
r) The acquisition of computers and software for the Building
Department, at a maximum estimated cost of $28,120. 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.
s) To pay the cost of additional heating, ventilating and air
conditioning improvement work at the Youth Bureau Facility,
at a maximum estimated cost of $133,807. It is hereby
determined that the period of probable usefulness of the
aforesaid class of objects or purposes is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00
of the Local Finance Law.
t) The purchase and installation of additional networking
hardware/software for City Hall, at a maximum estimated cost
of $50,000. 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.
January 3, 1996
u) The construction of a cold storage building at the
Department of Public Works facility on City-owned land, at a
maximum estimated cost of $279,000. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is twenty years, pursuant to
subdivision 12(a)(1) of paragraph a of Section 11.00 of the
Local Finance Law.
v) The purchase of a light rescue fire-fighting vehicle for the
Fire Department, at a maximum estimated cost of $50,000. It
is hereby determined that the period of probable usefulness
of the aforesaid class of objects or purposes is ten years,
pursuant to subdivision 27 of paragraph a of Section 11.00
of the Local Finance Law.
w) The purchase of an aerial scope fire-fighting vehicle for
the Fire Department, at a maximum estimated cost of
$860,000. It is hereby determined that the period of
probable usefulness of
the aforesaid class of objects or purposes is ten years,
pursuant to subdivision 27 of paragraph a of Section 11.00
of the Local Finance Law.
x) To pay the City's share of the cost of the purchase of
various transit vehicles and equipment, at a maximum
estimated cost of $146,905. It is hereby determined that the
period of probable usefulness of the aforesaid class of
objects or purposes is five years, pursuant to subdivision
89 of paragraph a of Section 11.00 of the Local Finance Law
each object or purpose of said class having a period of
probable usefulness of five years, pursuant to subdivision
28 or 29 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 and classes of objects or purposes
is $2,723,719, and the plan for financing thereof is by the
issuance of the serial bonds authorized by Section 1 hereof,
allocated to each specific object or purpose or class of objects
or purposes in accordance with the maximum estimated cost of each
set forth in Section 1 hereof.
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. An 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 facsimile of
its corporate seal shall be imprinted or impressed and may be
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
January 3, 1996
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
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 determining whether to issue such bonds
having substantially level or declining annual debt service,
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 or
collect from 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 Section
1.150-1. 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.
A roll call vote on the foregoing resolution resulted as follows:
Johnson - Aye Mackesey - Aye
Thorpe - Aye Shenk - Aye
January 3, 1996
Sams - Aye Efroymson - Aye
Blumenthal - Aye Marcham - Aye
Hanna - Aye Gray - Aye
Ayes (10)
Nays (0)
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 16.1 An Ordinance Amending Sections 1-1, 325-23, 325-47 and
331-4 of the City of Ithaca Municipal Code, Regarding Exterior
Property Maintenance
a. Declaration of No Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, an Ordinance amending Sections 1-1, 325-23, 325-47, and
331-4 of the City of Ithaca Municipal Code, regarding Exterior
Property Maintenance, has been submitted to Common Council for
consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca as lead
agency in this matter, hereby does adopt as its own the findings
and conclusions more fully set forth on the Long Environmental
Assessment Form dated November 27, 1995, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk’s Office and forward the same to
any other parties as required by law.
Carried Unanimously
Motion to Refer Back to Committee
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the Ordinance Amending Sections 1-1, 325-23, 325-
47 and 331-4 of the City of Ithaca Municipal Code, Regarding
Exterior Property Maintenance be referred back to the Planning
Committee for further review.
Carried Unanimously
* 16.2 An Ordinance Amending Section 325-20 Entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code
Motion To Refer Back to Committee
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That Ordinance 96-___ entitled "An Ordinance Amending
Section 325-20 Entitled "Off-Street Parking" of Chapter 325
Entitled "Zoning” of the City of Ithaca Municipal Code" be
referred back to the Planning Committee for further review.
Carried Unanimously
* 16.3 1996 Planning Department Work Program
Motion to Refer Back to Committee
By Alderperson Blumenthal: Seconded by Alderperson Hanna
RESOLVED, That the 1996 Planning Department Work Program be
referred back to the Planning Committee for further review.
Carried Unanimously
January 3, 1996
Community Development Administrator Stevenson spoke to Council
regarding Community Development Block Grant Program: Notice of
funding availability (NOFA). He stated that he has learned that
the City of Ithaca is eligible to apply for funds in addition to
those received last year as part of our three year, $2.7 million
award. The deadline for the application is March 13, 1996.
Mr. Stevenson said that a Citizens Advisory Committee meeting
will be scheduled for next week. An effort will also be made to
solicit projects from the wider community, and a joint CAC-IURA
public hearing scheduled.
Mr. Stevenson stated that he hopes that the Common Council could
give approval to the application at the February 28 Committee of
the Whole meeting. The second public hearing would be held at
that time. He stated that they have a very tight deadline and he
appreciates the Council's understanding.
Planning and Development Director VanCort explained to Council
that if Council tells them to go ahead it will mean virtually all
of Mr. Sieverding and Mr. Stevenson's time and some of a lot of
other people's time until March 14th.
It was the consensus of Council that Community Development
Administrator Stevenson should go ahead with the this application
for Community Block Grant funding.
COMMUNITY ISSUES COMMITTEE:
* 17.1 Resolution to Strengthen the Affirmative Action Hiring
Procedure
By Alderperson Sams: Seconded by Alderperson Hanna
WHEREAS, the employment of members of protected classes in the
City workforce continues to fall below the local labor force
percentages, and
WHEREAS, the deployment of members of protected classes in the
City workforce continues to reflect an underutilization in
positions categorized as Officials and Administrators,
Professionals, Technicians, the Protective Service, and Skilled
Craft, and
WHEREAS, the current City policy supporting the transfer of
external candidates into the CityÊworkforce in lieu of filling
positions through competitive examination can impede the City's
ability to move down a civil service list and reach affirmative
action candidates, and
WHEREAS, the Affirmative Action Advisory Committee believes the
City Affirmative Action Program must be strengthened to correct
these disparities, and
WHEREAS, there will be established an Affirmative Action Advisory
Subcommittee which shall not take the place of the Vacancy Review
Committee, and
WHEREAS, the Affirmative Action Advisory Subcommittee shall be
consist of the Mayor, the Common Council Liaison to the
Affirmative Action Advisory Committee, and the City's Affirmative
Action Officer; now, therefore, be it
RESOLVED, That whenever a Department Head has a choice of job
candidates that includes members of one or more protected
classes, the Department Head shall not be permitted to hire a
candidate who is not a member of a protected class unless the
Department Head has first received approval to do so from the
Affirmative Action Advisory Subcommittee, and be it further
RESOLVED, That whenever a Department Head is contemplating
filling a position through the transfer of an external candidate
in lieu of through a civil service list, the Department Head
shall not be permitted to hire the transfer candidate unless the
Department Head has first received approval to do so from the
Affirmative Action Advisory Subcommittee.
Carried Unanimously
January 3, 1996
LAW AND GOVERNANCE COMMITTEE:
* 19.1 Resolution re: Joining the Inter-municipal Cable
Commission
By Alderperson Efroymson: Seconded by Alderperson Shenk
WHEREAS, at its August meeting Common Council approved resolution
16.1 authorizing the Mayor to sign an agreement to participate in
the Intermunicipal Cable Television Commission, and
WHEREAS, that resolution authorized the signing of a contract
contingent upon the changes listed in said resolution, and
WHEREAS, the chairperson of the Intermunicipal Cable Television
Commission has asked for a resolution in the Council commits to
joining the commission, with the understanding that these changes
to the charter of the Intermunicipal Cable Television Commission
will take place in the immediate future, and
WHEREAS, nothing in this resolution commits the City to fees or
actions beyond what was described in the original charter with
Common Council's amendments; now, therefore, be it
RESOLVED, That the City of Ithaca commits to joining the
Intermunicipal Cable Television Commission with the expressed
position that the by-laws be amended as requested, and be it
further
RESOLVED, That the funding to join the Intermunicipal Cable
Television Commission shall be released at such time as called
for by that commission.
Carried Unanimously
* 19.2 Time Warner Cable Converter Charges
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, the City Clerk has been notified by Time Warner of its
intent to replace all cable converters with new ones at a cost of
an additional $1.12 per month, and
WHEREAS, the change in converters and change in fee were not
reviewed with subscribers nor with Common Council before it was
implemented by Time Warner, and
WHEREAS, despite Time Warner apparently having the right to raise
converter fees to the level being proposed, Time Warner has
provided no firm financial justification for such an increase,
and
WHEREAS, Time Warner has on previous occasions frequently stated
that it is interested in meeting its customers needs by providing
reasonably priced services, and
WHEREAS, a new converter will allow Time Warner to offer
additional products to the customers, therefore providing Time
Warner with the potential for additional profit, and
WHEREAS, the City is obligated to attempt to provide quality,
basic services to all of its residents, and
WHEREAS, it has not been proven by Time Warner that many
customers are requesting this service, and
WHEREAS, members of Common Council and the Cable Commission have
already been receiving communication from city residents who
object to this additional charge; now, therefore, be it
RESOLVED, That Common Council objects to the proposed converter
fee as outlined in its December 21, 1995 letter to the City
Clerk, and be it further
January 3, 1996
RESOLVED, That Common Council asks Time Warner to maintain the
old converter fee at the rate in effect prior to the introduction
of the new converter box until such time as Time Warner can show
the financial justification for such a cable converter fee
structure,
and be it further
RESOLVED, That this resolution be forwarded to the State Cable
Commission, the F.C.C., and Time Warner.
Carried Unanimously
Report re: City/Cornell Committee
Alderperson Efroymson stated that he has discussed with the Mayor
his desire that we move as quickly as possible to re-establish a
contact with Cornell University to get discussions going on how
we can continue this spirit of cooperation and come out with some
things that will benefit the community. He asked Council to
notify the Mayor or himself if they have additional items that
need to be discussed or if they need clarification.
Report re: Cable Commission Actions Relating to Public Access
Alderperson Efroymson reported that the Committee received a well
thought out report from the Cable Commission regarding the
actions that they have taken trying to get a handle on some of
the complaints regarding public access and to try to encourage
people to use it in a positive way. He noted that at least for
now the situation seems to have stabilized and he thinks in a
large part it is because of the actions of the Cable Commission.
He will copy and distribute the report for all Council members.
NEW BUSINESS:
Possible Discussion re: Appointment to Tompkins County Board of
Representatives
Alderperson Efroymson stated that Eric Lerner, Second Ward
Representative, has resigned from the Tompkins County Board of
Representatives. Someone who lives in the Second Ward must fill
that seat and Common Council makes that appointment decision
alone. He said the Council has 30 days from the time that they
receive notice from the County Clerk of the vacancy to fill that
position.
Alderperson Efroymson noted that the Second Ward Democratic
Committee has set up a meeting to screen candidates on January 7
with five persons, Ken Packman, Kenneth Christianson, Jim Dennis,
Suzanne Davis, and Chuck Guttman.
Alderperson Efroymson stated that he would like to have a vote on
the Council's selection for Second Ward Representative to the
Tompkins County Board of Representatives at the Committee of the
Whole meeting on January 31.
Extensive discussion followed on the floor.
* 20.2 Appointment of Marriage Officers
By Alderperson Efroymson: Seconded by Alderperson Shenk
WHEREAS, pursuant to Section 11 of the Domestic Relations Law,
the Mayor is authorized to solemnize marriages, and
WHEREAS, pursuant to Section C-33 of the Ithaca City Charter the
Acting Mayor is authorized to act as Mayor only when the Mayor is
unable to perform the duties of his or her office in consequence
of sickness or absence from the City or if there shall be a
vacancy in the office, and
WHEREAS, as a result of the Mayor's schedule, occasions arise
when the Mayor is requested to solemnize a marriage but is unable
to do so, and
WHEREAS, pursuant to Section 11-c of the Domestic Relations Law,
Common Council is authorized to appoint one or more marriage
officers who shall have the authority to solemnize a marriage;
now, therefore, be it
January 3, 1996
RESOLVED, That Susan Blumenthal, Roey Thorpe, Diann Sams, Pamela
Mackesey and John Efroymson are hereby appointed marriage
officers for the City of Ithaca, effective immediately, for a
term to expire on December 31, 1997, to serve in such capacity
without compensation.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That this Council adjourn into Executive Session to
discuss the Wal-Mart litigation.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into regular session at 12:15 a.m.
MOTION TO CONTINUE MEETING:
By Alderperson Efroymson: Seconded by Alderperson Marcham
RESOLVED, That this Common Council meeting be continued at the
Common Council Committee of the Whole on January 31, 1996 at 7:30
p.m. to discuss the appointment to the Tompkins County Board of
Representatives for the Second Ward.
Carried Unanimously
William Kaupe Alan J. Cohen
Deputy City Clerk Mayor