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Home My WebLink AboutMN-CC-1976., () ,I. Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROC~EDINGS City of Ithaca, New York 10:00 A.M. January 1, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: Controller -Daley = Attorney for the City -Shapiro \ Police Chief -Herson City Clerk -Rundle LD LD 0 <( <:( c::( PLEDGE OF ALLEGIANCE Mayor Conley led all present in the Pledge of Allegiance to the American Flag. MINUTES . By~\lderman Boothroyd: seconded by Alderman Boronkay RESOLVED, That the Minutes of the December.3 and December 18, 1975 meetings be approved as recorded by the City Clerk. Carried DISMISSAL OF MEMBERS OF COUNCIL WHOSE TERMS HAVE EXPIRED Mayor Conley thanked Aldermen Barber, Hamlin and Jones on behalf of .the City for their service and dedication to the City. OATH OF OFFICE -MAYOR Mayor Conley took the Oath of Office and was sworn in as Mayor of the City of Ithaca by City Clerk Rundle. OATH OF OFFICE -ALDERMEN Aldermen Slattery, Holman, Dennis, Meyer and Spano were sworn in by City Clerk Rundle, and took their respective seats on Council. MAYOR'S ADDRESS Mayor Conley stated that this is the third time that he has had the pleasure of addressing Council with an Inaugural Message. The first time I asked for Council's support, pointing out some of the problems the City was facing at the time. You all will remember that our ad- ministration had inherited a central business district that needed an awful lot of attention. We recognize that our codes and ordinances, our zoning map and everything else needed revision and there were many other problems facing our City. I asked for Council support and together with Council, with our lay boards, with our agencies, our pro- fessional staff and all thepeople in the community, I think we have accomplished an awful lot in that first two year term. We did it -and we did it by working together -all of us . .. Two years later when I addressed Council, I had asked Council's support for a Housing Rehabilitation Program, we pointed out other problems fac- ing our City, we had a long ways to go in our downtown renewal effort, we were talking about a pedestrian mall on State Street and again Council responded. Our professional staff, our boards and everyone else responded and we got an awful lot accomplished. The only way we accom- 1 ,. -n·i;cL,;J +h::it 1"~~ hv-,1 1 1. ,·J00jr•1 t-jpn-eurseJ.ves ta. tJ;i....-arobJ.e.,.,..~ fac-i-flu ~r ------i--...!!!!l!J G ?ii .. . ~ b I City owning up tc these problems and doiri2 whatever was necessarv to - • 2 2 January 1, 1976 future of Ithaca. I J o • .. 4 1• ,~,,. ''" have to be afraid of pror rcs s. I don't think we have to stop the things that we have been doing because, in the past, as we presented our downtown renewal plan we also were talking of and recognizing the fact that th~t was Rn investment in the Community and that inves trnent was going to produce a :et urn. I think we are realizing that return, I think everybody recognizes that. I don't think we should ever look at what we did in the central business district as an expense, as a burden to our taxpayers, because we have generated new revenue3. We have generated it in new parking incomes, property taxes, additional sales taxes that are more than amortizing, more than the cost of operation of those projects and we are still able to maintain a tax rate lo~er than the inflation rate. I think we have done an outstanding job in the past, I think -we can continue it. -I-rlon4 tJ:a.:. .. i~ we ha...V"'C-~o-be a·fr·aid-e..::-~: ..... Zt::"' ... v .... ...,. zc ___ _ However, we have to prepare ourselves for what might come. What I am proposing to Council is a certain amount of changes in the way we do things. 1. I don't think I have to point out to anybody the problems we face for the 1976 budget. We put together a budget calendar that put the budget right in the middle of a political campaign. I t~j_nk we paid , a high price for that. Many unfortunate statements wer~ made on both : sides. There was an awful lot of speculation and I feel it extremely difficult to deal with a situation where one administration is pre- paring 2 budget and adopting it and expecting the next administration to live with that budget. Now this year we didn't have a substantial change, the next time there could be a very substantial change and yet an outgoing administration could be establishing a budget for the new_ administration, adopting it before January 1st -before the new admin- istration -so what I am goinz to propose to Council is that we move · the budget process b~ck -that we get to adopt our budget May 1. Now . that's a four month period of time. In the budget that we are proposing to this Council, this year, there has been an awful lot of speculation., ....... It over-states in the Wage Accounts, there may be underestimation of • • ~ certain amount of Revenues and there are economies that could be had b~. going through that budget. I sat down and worked with the staff in • • ( trying to figure out a way where we either work with the budget or how • • do we get to the May budget. So -what I am proposing to this Council. - is that we adopt this budget that is proposed by our Finance Committee, and in my conversations with the staff we feel that we can stretch that budget from a 12 month budget to a 14 month budget, extending the budget period 2 months with the existing budget. Now I do not want to raise sales tax projected income in that budget because I want to leave that there. I want our staff, this Council and the Mayor to work with tha~ $10,500,000. budget that is proposed. That means taking a 12 month pro- jected budget and stretching it to a 14 month budget. Our staff feels that it can be done. I feel it can be done and I think that by workirtg together we can generate the economies and it still gives us a time dtlr- ing the year to look at our spending patterns, to make recommendatio~s and to do whatever we can to minimize the spending habits that we have or to change the spending habits so that we can live for 14 months wit.h a 12 month budget. Then I would propose, as we prepare our 1977 budget, that we prepare another 14 month budget so in the period of two years when the next local election comes around again we would have a budget period so the newly elected Mayor _would be able to present in January, the staff and the Mayor's budget to Council. Council would have three months then to work with that budget with the staff and the Mayor to a~_· dopt the budget for that particular year and they could adopt it in May.~, 3 January I, 1976 $19.00 tax rate this year. I think we can have a $19.00 tax rate next year and put this City into a situation where we can basically stabilize our tax rate. It might require a $20.00 tax rate this year and a $20.00 tc1.x rate next year to do that, but we have from now until May to make that determination. We can work with the staff and-work with our Commit- tee 'between now and May to work on what our tax rate will be for this year and keeping in mind that we are going to come up with another 14 month year the next year. We are utilizing our surpluses -we'll have a better idea of what we face as far as revenue sharing funds. Those are the economies that we have talked about -I didn't talk about this prior to this meeting because I was working with the staff. My final staff meeting was conducted just last Monday, the staff feels that it can be done. The staff also recognizes that the 1977 budget with our newly =reated administrative code calls for a performance budget, it calls for a program budget that each individual program that the City is going to do will be put in that budget -on the merit of that program - what it has done in the past and what it is going to accomplish in the future, taking into account what it takes in time and material -all of the aspects of that program will be put in so we will have all of that correct information. I have also asked the staff, in preparing the 1977 budgets, that they show this Council every possible alternative. It 3 ight be a reduction in services -they should show us what those savings ould. be to the taxpayers in the City. It might be a complete change -it ight be the things that we provide for the City now that we might do on Osome sort of contractual arrangement such as garbage collection or what- ~ver. I think that we deserve to have all of those options -it gives <[!:>ur staff a whole year to prepare those budgets and to work with us on c:r611 of those alternatives -as they are placed to us. That is what I am going to ask of this Council -that we adopt this budget as proposed, with the understanding that it goes 14 months with my pledge and the pledge of our staff that we are ·going to minimize spending this year as much as we possibly can and we are going to work with Council on any possible device that might save our Community money and as we prepare our 1977 budget you will have -we can set the budget process back by two months with a 14 month budget. Then we will have those alternatives ready for you so that as you prepare the 1977 budget you will have the full information. That is what our administrative code calls for -our staff recognizes that and is willing to work with that. I also want to remind Council -an awful lot has been said -it always happens during a political campaign -that there has been references made that spending money on the Elmira Road -what kind of an impact is that going to have on t~e taxpayers -how much money will it cost the tax- payers. As we prepared the Elmira Road Project, the Collegetown project or any future economic project in this Community - I think that we should sit down and work out the projected incomes. If we are going to do a substantial project like the Elmira Road Project -we could look for in- comes in up-grading the property values there th,c>.t bring inco!!'.e into the city, I think we should talk about how it ~ill affect the sales tax in the Community and generate additional sales tax monies to the City and what it will mean in the way of development and future development and what that means to the City, along with what it means in the way of sa1ety, what it means in an easier place for people to shop, to make our Con1munity more competitive and competitive with all of the outlying shop- ping areas -I think those are the things that we have to do, not only that but we owe this Community a good Community, a safe Community and I think we can provide that but I think that we have to look at the economic figures and project that right along with any projects that we do, es- pecially the economic projects. We also have a substantial 1mount of :a,ryi_ta l . n.roi er:t ~ -t h,i ~ _,_v0a I· . I woul:-1 -~ '.•.;,,-":_r:-+;, •• +,1';, tn '{"2-t? lr..., P-:' , c,..;.;,£-,,~.,;,~. --:-;;;... ·'·- .. .--·~-_ .._ ~ .... ., ___ ..; __ ~ _ _ __ ., _ , -, _ r . , r 4 - 4 January 1, 1976 together, I think u. r ,0n sh,,;; tl:is Community continued improve- ments. I have been extremely proud of this Council, I have been extremely proud of the support that we have had and our ability to work together. I think now its time for us to all pledge ourselves to :-:::c·,; t;,a.t ~, ... l .Lor us to work JS one, to depend ~1pon our lay boards, to depend upon our staff and to depend upon the people in the Community that we keep that information flowing, that they know exactly what we are doing at all times, that we keep it as public as we possibly can and l think we can put this Community into a very competitive situation - economically, with any Community in this area. I think we have already done that. I think that we can make Ithaca a model for any Community ' ' in this Country. People from all over this Country have already come to Ithaca to look at the things that we have done. We have had groups ' in frnm ~vr,:,rnc::P_,._ Elmi-~~ ~ncl "RL"?'Th:'1.m+-.on T l-1.:-..;..-:-. ~ -·-.. :"") r-o·,n.i-;;.,:;, -..;r0~--l •".'-......... , .~f.~~>!'_;,__ ,•-_...,----.-r-~_ ...... ..._..,._-....,...,.. ---• .._ -• • ~ -,.__ -,J.,_. • --0----u~-~ WiT1iamsport, Pa. that want to see what the City of Ithaca has done in their own town. We are the only community in New York State who has produced a pedestrian mall without the use of Urban Renewal projects. It is the only Community that has established a tax benefit distri~t and set up a situation where the City and the local business community has wor~ed together and produced such a projec._t. Again I plead with you for that support - I am sure I will have it, I have always had it in the past, there is no reason for anybody to be- lieve that we wont have it in the future. Thank you. APPOINTMENT OF ATTORNEY FOR THE CITY Mayor Conley appointed Martin A. Shapiro City Attorney, who took the Oath of Office and was sworn in as City Attorney for a two year term to expire 12/31/77. BUDGET AND ADMINISTRATION COMMITTEE 1976 Budget By Alderman Dennis: seconded by Alderman Nichols ~ RESOLVED, That the 1976 City of Ithaca Budget in the amount of $10,589,8 I be approved. 1..,,.J Roll Call Vote resulted as follows: Ayes -(6) -Alderman Slattery -Alderman Dennis Alderman Gutenberger Alderman Meyer Alderman Nichols Alderman Boothroyd Designation of Official Newspaper Nays -(4) -Alderman Alderman Alderman Alderman Carried Spano Holman Boronkay Saccucci By Alderman Dennis: seconded by Alderman Boronkay RESOLVED, That pursuant to Section 7-16 of the City Charter the Ithaca Journal be and it is hereby designated as the official newspaper of the City of Ithaca for the year 1976. Carried Designation of Official Depositories . By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That pursuant to Section 3-7 of the City Charter the Tompkins County Trust Companr and the First National Bank & Trust Company be and they are hereby designated as the official depositories of all City fund~ for the year 1976 as follows: 5 January 1, 1976 Capital Reserve Fund # 22A -State Aided Bus Proj Emp'l. Group Insurance Deductions Emp'l. Withholding for Soc. Security Cont. Fund Emp'l. N.Y.S. Withholding Tax Emp'l. U.S. Savings Bonds Guaranty & Bid Deposits City Tax Sale Redpt. Deposits on Water Meters Surety Coupon & Bond Acct. West End Park Drinking Fountain Federal Revenue Sharing Ithaca Commons Trust Acct. Youth Bureau Educational Fund \Proceeds from Bond Sales Firemen's RElief Fund (Time Acct.) Vet. Vol. Firemen's Assn. (Time Acct.) Cemetery Fund (Time Acct.) LD M. C. Hillick Memorial Fund (Time Acct.) Storms Cemetery Fund (Time Acct.) Holmes-Stamp Cemetery Fund (Time Acct.) FIRST NATIONAL BANK AND TRUST COMPANY LDcity of Ithaca, Water & Sewer Fund Ocity of Ithaca, Construction Fund <(Community Renewal Program <!f'iremen's Relief Fund 10 03 07 08 09 05 OS 05 OS 05 02 06 10 01 21 22 21 21 23 22 267 267 267 267 <( Carried Collateral to Secure Deposits By Alderman Dennis: seconded by Alderman Boronkay 201 001055 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001004 201 001705 301 012261 301 012261 301 023298 301 140723 301 023298 301 023298 010109 010842 000731 010001 RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the First National Bank and Trust Company as reported be approved as to form and sufficiency. Carried 1ublic Officials Bond ~y Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That pursuant to Section 11 of the Public Officers Law the following bonds which are on file in the Office of the City Clerk be and are hereby approved in all respects for the year 1976. John D. Wright, City Chamberlain $50,000 GO488174 Globe Indem. James J. Clynes, Jr., City Judge $_ 4,000 G-438528 Globe Indem. Faithful Performance Bond, All City Employees, $100,000 G 438529 Globe Indem. Carried Desi nation of Regular Meeting Dates and Hour By Al erman Dennis: secon e y Alderman Saccucci Co. Co. Co. RESOLVED, That regular meetings of the Common Council for 1976 be held at 7:30 P.M. on the first Wednesday of each month in Common Council Chambers at City Hall, 108 E. Green Street, Ithaca, New York . . -~ ._ . ,J/""\l")ft' ,\r,,r.-..-,·--·--- 5 i ,. f ~ ' i X_ 6 :1iill3T)' }, 1976 6 C:i ·:\-Pros ecutor ko b ~rt liines, 106 Dunmore Place, for a 2-year term ending Dec em ber 31, 1977. Board of Public Works -Commissioner ~eaono intment of Mr. ~lilton Shaw, 604 E. Seneca Street to the Board o i ~~blic Works. Mr. Shaw has fulfilled a term and is being reappointed to a 3-year term which expires December 31, 1978. By Alderman Boronkay: sec9nded by Alderman Gutenberger RESOLVED, That the Mayor's appointment of Milton Shaw as a Commissioner of the Board of Public Works for a three-year term ending December 31, 1978 be approved. Carried ~ Comm. Clynes resigns from Board of Public Works ~, Mayor Conley announced that he had received a letter of resignation from Comm. John C. Clynes from the Board of Public Works. Comm. Clynes has resigned because of business pressures and other commitments. Comm. Clynes served on the Board for 4 years. His resignation was accepted. Board of Public Works -Appointment Mr. John Bodine, 909 N. Tioga Street to the Board of Public Works to fulfill the term of Comm. Clynes. By Alderman Nichols: seconded by Alderman Slattery RESOLVED, That the Mayor's appointment of John Bodine as a Commissioner of the Board of Public Works to fulfill the term from which John C. Clynes resigned which expires December 31, 1977, be approved. Carried Mr. Bodine took the Oath of Office and was sworn in as a Commissioner of the Board of Public Works. Mayor Conley thanked Jack Clynes on behalf of this Council, on behalf of the Board of Public Works and on behalf of the citizens of the City of Ithaca, for his service to the City on the Board of Public Works. Police Commissioner -Rev. Samuel Perr' Rev. Samuel Perry, 11 Clevelan Avenue, to the position of Police Com~ missioner for a 3 year term which expires December 31, 1978. r l ... ,, Rev. Perry took the Oath of Office and was sworn in as Police Commissioner to the City of Ithaca. Planning Board Reappointment of Mr. Stuart Stein, 1018 E. State Street as the Board of Public Works Repre~entative for a two-year term (Term of the Mayor) which expires December 31, 1977. ~ By Alderman Nichols: seconded by Alderman Dennis RESOLVED, That the Mayor's reappointment of Mr. Stuart Stein, BPW Repr. to the Planning Board for~ 2 year term which expires December 31, 1977 be approved. Carried Mr. David Fuller, 316 Turner Place for a three-year term expiring Decem- ber 31, 1978. By Alderman Slattery: seconded by .Alderman Boronkay RESOLVED, That the Mayor's appointment of Mr. David Fuller, 316 Turner Place to the Planning Board for a three-year term expiring December 31, ~--" , , - LD LD 0 <( <( <( 7 -January 1, 1976 LeGrace Benson was appointed Chairman of the Planning Board. Board of Zoning AI,Jpeals Mr. Peter W. Martin, 608 E. Seneca Street. By Alderman Holman: seconded by Alderman Meyer RESOLVED, That the Mayor's reappointment of Mr. Peter W. Martin, 608 E. Seneca Street to the Board of Zoning Appeals for a three-year term, which expires December 31, 1978, be approved. Carried Mr. Martin took the Oath of Office and was sworn in as a member of the Board of Zoning Appeals. Ms. Re a Wood, 206 Universit By Al erman Nie ols: secon e y Al erman Dennis 7 RESOLVED, That the Mayor's appointment of Ms. Rega Wood, 206 University Avenue, to the Board of Zoning Appeals for a three-year term which ex- pires December 31, 1978, be approved. Carried Ms. Rega Wood took the Oath of Office and was sworn in as a member of the Board of Zoning Appeals. Authority Ithaca Housin~ Appointment o Ithaca Housing 31, 1980. Alderman Donald Slattery, 410 W. Court Street to the Authority for a· five-year term which expires December Mr. Slattery took the Oath of Office and was sworn in as a member of ihe Ithaca Housing Authority.· City Historian Mr. D. Boardman Lee, 711 E. Seneca Street By Alderman Nichols: seconded by Alderman Dennis RESOLVED, That the Mayor's reappointment of Mr. D. Boardman Lee, 711 E. Seneca Street as the City Historian for a two-year term, which expires December 31, 1977, be approved. Carried Mr. Lee took the Oath of Office and was sworn in as the City Historian. Landmarks Preservation Reappointment oTM~Stephen Jacobs, 303 Highgate Road, and Mr. Stanley Kordziel, 710 N. Aurora Street to the Landmarks Preservation Comn1ittee for three-year ter~s which expire December 31, 1978. ~~-Vicki Romanoff from Newfield, New York to the Landmarks Preservation Committee for a three-year term which expires December 31, 1978. By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, That the Mayor's reappointment of Mr. Stephen Jacobs and Mr. Stanley Kordziel and the appointment of Ms. Vicki Romanoff to the Landmarks Preservation Commission for three-year terms which expire December 31, 1978, be approved. Carried Municipal Surgeon Dr. Robert M. Kieffer, M.D., 111 E. Seneca Street By Alderman Nichols: seconded by Alderman Boothroyd RESOLVED, That the Mayor's reappointment of Dr. Robert M. Kieffer. M.D. 8 Janu:i.ry J , 1 ~1?0 8 .-k t 1ng Mayor -Mayor Conley entertained nominations from the floor. By Afderman Dennis: seconded by Alderman Nichols RESOLVED, That Alderman Gutenberger be nominated for the post of Acting Mayor. By Alderman Saccucci: seconded by Alderman Holman RESOLVED, That Alderman Boronkay be nominated for the post of Acting Mayor. By Alderman Meyer: seconded by Alderman Gutenberger RESOLVED, That the nominations be closed. Carried City Clerk Rundle polled the Aldermen by secret ballot, which resulted 1~ six (6) votes being cast for Alderman Gutenberger and four (4) votes for Alderman Boronkay. Mayor Conley declared Alderman Gutenberger duly appointed Acting Mayor for a one-year term which expires December 31, 1976. Alderman Gutenberger took the Oath of Office and was sworn in as Acting Mayor by City Clerk Rundle. Alternate Acting Mayor -Mayor Conley entertained nominations from the tloor. By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That Alderman Nichols be nominated for the post of Alternate Acting Mayor. By Alderman Boronkay: seconded by Alderman Holman : RESOLVED, That Alderman Saccucci be nominated for the post of Alternate Acting Mayor. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That the nominations be closed. Carried - City Clerk Rundle polled the Aldermen by secret ballot, which resulted ~ in six (6) votes being cast for Alderman Nichols and four (4) votes for Alderman Saccucci. Mayor Conley declared Alderman Nichols duly appointed Alternate Acting Mayor for a one-year term which expires December 31, 1976. Alderman Nichols took the Oath of Office and was sworn in as Alternate Acting Mayor by City Clerk Rundle. COMMON COUNCIL STANDING COMMITTEES Mayor Conley made the following appointments to the Standing Committees: Budget and Administration James P. Dennis, Chm. John C. Gutenberger, V.C. Donald Slattery Richard Boronkay Robert L. Boothroyd, Jr. Planni ng and Development John C. Gutenberger, Chm. Mrs. Nancy Meyer, V.C. James P. Dennis Anthony F. Spano 18-,-r.+1.... .-"1 ,-, ,T .! _,_ -1 - Charter and Ordinance Donald Slattery, Chm. Mrs. Ethel B. Nichols, V.C. Richard Boronkay Mrs. Elva Holman Rudolph Saccucci Human Services Robert L. Boothroyd, Jr., Chr Rudolph Saccucci, V.C. Anthony F. Spano Mrs. Elva Holman Ln Lf) 0 <C <C <C 9 Common Council Standing Committees -continued Urban Renewal James Dennis Human Services Coalition Ethel Nichols Youth and Recreati~n Robert L. Boothroyd, Jr. Public Works Anthony Spano On a motion the meeting adjourned at 11:02 A;M. January 1, 1976 Jo Ewardi.n1ey, Mor 9 10 Re gular Meeting PRESENT: M~1yor -Conley Cm!MON COUNCIL P ROCEEDINGS City of It.hac:1 , :\Jew York 7:30 P.M. January 7, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: Controller -Daley City Engineer -Cox Fire Chief -Weaver PLEDGE OF ALLEGIANCE Planning Director -Van Cort Police Chief -Herson City Clerk -Rundle Mayor Conley led all present in the Pledge of Allegiance to the American Flag. !IHNUTES: ByAlderman Boothroyd: seconded by Alderman Spano RESOLVED, That the Minutes of the January 1, 1976 meeting be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS Public Hearing -Amending Zoning Map Re s olution to Open Public Hearing By Alderman Slattery: seconded by Alderman Nichols RESOLVED, That the Public Hearing on the Ordinance amending Zoning Map by changing the designation of a subdivided lot that was formerly a portion of a lot at 1010 East State Street with access from Cornell Walk subdivi- sion from the R-2 residential district to the R-1 resid~ntial district be opened. Carried William Barrett, 7 Cornell Walk spoke in favor of changing the zoning to R-1 from R-2. Mr. Stuart Stein, 1018 E. State Street spoke in favor of changing the zoning map from R-2 to R-1. Mayor Conley requested that Alderman Meyer take the matter of a zoning change for the north side of E. State Street -from R-2 to R-1 -to the Planning Board, to be looked into. Alderman Holman requested that the Southeast corner of Prospect and Aurora Street, which is R-3, be looked at also. Ma yor Conley also stated that he supports this resolution since Cornell Walk is a high value area because of underground wiring, etc. and they need the protection of R-1 zoning. Resolution to Close Public Hearing By Alderman Boronkay: seconded by Alderman Dennis RESOLVED, That the public hearing on the change in the Zoning Map be closed. Carried vResolution -Zoning Map Change, Cornell Walk Lot By Alderman Slattery: seconded by Al aerman Nichols n T"'I f" AT 1' TT"' n ml __ ..t... I'""---1 .! --_ _ _ _ 11 P"7 .--, r l ~-· 2 January 7, 1976 1010 East State Street, on the southeast and northeast by the premises now owned by Stuart Stein and Sandra Stein, and on the northwest by Cornell Walk, being a lot approximately 83' in width by 122' in length. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. Section 2. Effective Date This ordinance shall take effect immeqiately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried COMMUNICATIONS Letter from the Cornell University Senate City Clerk Rundle read the following letter received from the Cornell University Senate: LD LD December 12, 1975 0 "":::Common Council ~08 E. Green Street <:[Ithaca, New York 14850 <( Dear Sirs: The Minority and Disadvantaged Interest Committee of the Cornell University Senate strongly recommends that the Common Council of the City of Ithaca pass legislation which not only reiterates the basic rights of all individuals regardless of race, creed, sex, color and national origin but also specifically prohibits discrimination on the jasis of sexual orientation or affectional preference. Sincerely, /s/ Manuel Gomez Manuel Gomez, Chairman Minority and Disadvantaged Interests Committee Resolution By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, That the above letter be referred to the Charter & Ordinance Committee for their deliberations. Ayes -(9) Nay -(1) -Alderman Boothroyd Carried Conference of Mayors' Workshop 1/17/76 Mayor Conley reported on the Orientation Workshop which will be held in Syracuse, New York on Saturday, January 17, 1976 for all newly elected City officials. Mayor Conley conITTented that if anyone is interested in attending this Workshop, contact Controller Daley. ~etter from Congress -re: Outdoor Recreation 11 January 7, 1976 12 Lt,tter from Congressmen :McHu gh and Wal ~;h c·o-un t y Board 0£° Re pre s e n tat i vc M e mber Harry Kerr wrote to Congressmen McHu gh and Walsh asking for the ir support now that their application for Rt. 89 and 96 is now in Washington in tl1e Federal Hi ghway Adminis- tration. We have asked for support of Bill Wal sl1 and also Matt McHugh and we have letters back from both of them thanking us for tl1e letter. A letter has also been received from the Federal Department of Transpor- tation that confirms the fact that both Congressmen have inquired and are pledging themselves to "bird-dog" that situation and they will be getting back to us. ---, Also, Robert E. Kirby, Regional Federal Highway Administrator stated in his letter that he will be keeping us informed of any progress. Chamber of Commerce -Bicentennial Barge May or Conley reported that a letter was received from the Chamber of Commerce in reference to the articles in the paper which indicate that the Bicentennial Barge may be scrapped because of lack of funds. The Chamber of Commerce is asking for the Mayor's and Council's support, to ask to have that project funded. It will mean a great deal to Ithaca from the tourism standpoint this summer -and also we feel it is a great Bicentennial project. Resolution By Alderman Boronkay: seconded by Alderman Saccucci WHEREAS, The City of Ithaca is geographically, astetically and naturally a place that attracts visitors to its many unique offerings, and WHEREAS, The City of Ithaca has been host to many events of State and National significance in recent years such as the Drum Corps International Championships; the National Junior Olympics; The North South All Star Lacrosse Game and numerous meetings and conferences, and l WHEREAS, The estimated dollars spent in Ithaca annually by visitors and,_, tourists exceeds some $20,000,000 which generates extensive sales tax ; revenues thus reducing the amounts needed through other assessed revenuel• for services pro vi <led by the City of Ithaca, and • -.~ WHEREAS, The Meeting, Conference and Tourist Council of the Tompkins County Chamber of Commerce has been called upon to give extensive sup- port to Bicentennial events, conventions, conferences, seminars and the like THEREFORE, BE IT RESOLVED, That this Common Council of the City of Ithaca having already pledged financial support does also hereby encourage the. citizens, business and industry to do likewise so as to enhance maximum effectiveness of the results that can be achieved by this activity con- ducted by the Tompkins County Chamber of Commerce. Carried Water Contract with the Village of Lansing By Alderman Gutenberger: seconded by Alderman Meyer RESOLVED, That the matter of a water c ontract with the village of Lansing be referred to the Planning and Development Committee. Carried PERSONS APPEARING BEFORE COIJNr.TT. - Ln Ln 0 <t <t <t / 3 4 January 7, 1976 ~ Ayes -(6) Nays -(4) -Aldermen Boothroyd, Dennis, Gutenberger, Boronkay Carried Resolution By Alderman Nichols: seconded by Alderman Slattery RESOLVED, That this Council hereby approve the request of Challenge Industries to institute the collection of alumi11um on the same basis that they are presently collecting glass in the City of Ithaca . .. Ayes -(9) Nay -(1) -Alderman Gutenberger Carried William Sullivan. 417 N. Aurora Street Mr. lhlliam P. s{i11.ivan o-:r.-417 N. Aurora Street ~ appeared before the Council to urge them to bring the matter of a zoning change in the 400 block of N. Aurora Street back to Council for consideration. COMMUNICATIONS FROM THE MAYOR Veto of Common Council Resolutions passed on December 3, 1975 Mayor Conley read-hls Veto Mes sag!:: as fol lows: I, Edward J. Conley, as Mayor of the City of Ithaca, hereby veto the following resolutions passed by the Common Council of the City of Ithaca on December 3, 1975, for the reasons indicated below: 1. Resolution requiring an immediate estimate of monies owed in lieu of taxes by the Ithaca Housing Authority, a good faith payment of at least $10,000.00 on or before December 31, 1975, plus interest with penalties, and payment by the Ithaca Housing Authority of any such payments in lieu of taxes in the year they become due. Reason: Ithaca Housing Authority has heretofore paid more than the $6,000.00 ($4,667.26 was paid April, 1974 and $11,589.00 paid April, 1975 due October 31, 1974; totaling $16,256.26), in lieu of taxes as indicated at the Common Council meeting and is making a good faith effort to bring the entire matter up to date as quickly as possible. 2. Resolution to use Community Development funds in amount not to exceed $150,000.00 or to rehabilitate the Southside Center and requiring any change orders which revise the cost .~pwards or downwards in excess of $100.00 to be reviewed by Common Council. 3. Reason: Common Council should establish the budget for the pro- ject and any change orders within that budget should be at the perogative of the Board of Public Works. Common Council review of any change orders in excess of $100.00 constitutes a burdenso~e and unusual method of handling change orders contrary to accepted City practice. Resolution laying a Local Law on the table amending Section of the Ithaca City Charter by adding a provision permitting aldermen to call a special meeting of the Common Council. ... a .) . 't five Reason: Special meetings, if required, should be called by the M cl V () r . T r f n r :1 n V r f.' :1 C: n 11 ·1» 11 p \.l,:i V ('\ r C: h n 11 1 r1 ·f".,:, ; 1 t-,.... r-CJ 1 1 ,.., C n n ,-; ') 1 s .January 7_. 1()76 Co mmunity Dev e lopment funcls foT the Sou t hs ide __ Ccnt.c_r In Teference to No. 2 of the Mayor's Ve to ~-le ss age, the M[l y o r stat e d th;it he i s very willin? to 1·.'ork 1\·i t h the P1anninf~ and Deve lop me nt Cornmi tte c and the Bo ard of Publ ic 1·:orks to u :kc ,mother 1Do k at t l1 e us e of Commu nity Dev<:' 1opm ent Fund~-t o r c ha bi l 1 t ~1 t e the Souths idc Cen - ter and make r e comme ndations at the nex t Counc il meeting. Discussion foilowe d on the Council floor. Local Law to amend Section 3.4 of City Ch arter By Alderman Boronkay: seconded by Alderman Saccucci RESOLVED, That Local Law amending Section 3.4 of the Itha ca City Ch a rter to permit six (6) members of Council to c nll tl1e Council into s es sion is hereby introduced before the Council of the City of Ithaca, New York, and BE IT FURTHER RESOLVED, That City Attorney prepare a draft of the afore- s a i d Local Law and that copies be laid upon the desk of each member of the Common Council by the City Clerk. Carried Mayor Conley stated that he is notifying the State Department of Housing and Renewal and also H.U.D. that he is designating the Ithaca Urban Ren ewal Agency as the agency to administer the Community Development_ Funds. Mayor Conley further stated that Council will still ]1ave to approve the Community Development Fund annual budge t. Once it has been approved by Council, the Urban Renewal Agency will have the power to spend within that budget. Discussion followed on the Council floor. ADD I TIONS OR DELETIONS TO THE AGENDA Human Se rvices Committee ~lderman Boothroyd requested Council to add to the Agenda: Resolution which concerns applying for reimburs ement from the New York State Division For Youth for our Youth Program. No Council member objected. Bud get & Administration Committee Al de rm a n Denn i s requested Council to a dd to the Agenda: Req ue st tl1at Council authorize $1,000 for travel expenses for the position of Building Commissioner. No Council member objected. RE PORT OF THE CITY ATTORNEY C1ty Attorney Shapiro reported on the status of the Noi s e Ordinance. A c1rnft ha s been ma iled to Alderman Slattery , as chairman of the Cha r ter and Ordin a nce Committee. CONT ROLLER'S REPORT Ey Al de r man De mus: s econded by Alde rm a n Gutenberg er RESO LV ED, That this Council appr ove the p aym e nt of the 5.5 % Cost of L1..v1.n g increase to those Ci t-v Pmn "! r ,vr:,c,c-ul·,, ---·--- 6 January By Alderman Nichols: seconded by Alderman Boothroyd RESOLVED, That Ordinance No. 76-2 which amends Article II of Chapter 16 ' enti t led "Auctions and Sales of Household Goods" of the City of Ithaca Municipal Code be approved by Council as follows: LD LD 0 <( <( <( ORDINANCE NO. 76-2 16.29 6 AN ORDINANCE AMENDING ARTICL~ II OF CHAPTER 16 ENTITLED "AUCTIONS AND SALES OF EOTJSEHOLD GOODS" OF THE CITY OF ITHACA MUNICIPAL COD E BE IT ORDAINED AND ENACTED by ~he Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Article II of Chapter 16 entitled "Auctions and Sales of Household Goods" is hereby amended as follows: 1. That Subdivision n6" of Section 16.29 entitled "Conduct of Sales" he added as follows: "6. Sell any goods or items subject to the provis i ons of this Article in an "as is" condition, unless there shall be posted in plain view of the public during said auction or sale at least two signs stating that such goods or items are sold "as is" and no representations as to the characte r, quality, condition, are made, and in which case no such representations shall be made by the auctioneer or seller of such property or his agents." SECTION 2. This ordinance shall take effect immediately and in accordance with l aw upon publication of a notice as pro- vided in Section 3.11 (B) of the Ithaca City Charter. Carried Omnibus Human Rights Law Alderm~i n Nie ho 1 s re-ported that the Omni bus Human Rights Law is s ti 11 being worked on by the Sponsors. Noise Ordinance Xlder1nan Nichols reported that the City Attorney Shapiro has given Alderman Slattery a draft of the Noise Ordinance. Expansion of Historic District Alc.l erman Nichols reported that thi s matter should be ready for the Charter and Ordinance January meeting. Co 'inc i 1 Rules of Procedure Aid ·nn.a n Nichols reportc d ___ that the Council Rules of Procedure will be woi ~e d on at the Committee's January meeting. Fl' .... Pole on the Commons Al,,:,_,rrnan Nichols repci-rted that the Ithaca Bicentennial Commission has received an offer to donate $500.00 for a flag pole on the Commons. By Alderman Nichols: seconded by Al derman Boothroyd RESOLV ED, That Council re f er tc the Comni ons Advisory Board wjth a recom- mendation ·co the Board of Pub1 :i.c Works a request for the addition of .1n appropriate fla g pole to the Ithaca Co1nmons, working in conjunction with thP ~rrh;t-n.r·+ 7 January 7, 1976 ,.· [!!tREFORE BE IT F'FSULVfD, That suc1 .,11nli,:tion i:; in :tll rc:,,pccts :1p 1:r:'lvcd and Lcth'aTd ConJcy, 1\layor, i•; • n·i)y directed and ,iuthorized 1u duly execute and pr•'sent said application to the Ne1:1 York State Di- vision for Youth for its approval: i\'.'D BE TT FURTHER RESOLVED, That thi:; resolution shall take effect .J,,nuary 1, 1976. Carried FL\:sJ>i T NG AND DEVELOPMENT CG:ll~fITTEE cr;:r1du1,1 of Llnderstandino, on lli'.;tori.c Preservation ~. y ca(;~j;]Clll ·Gutenben~CT: seconded bv Ald,::rman Dennis I RhSOLVED, That tl1e M;yor is hereby jirected to sign the memorandum of u11derstanding between the City of Ithaca and the Advisory Council on Historic Preservation for the purpose of meeting the requirements of the Community Deve]opmcnt Act in the conservation of historic resources in areas of Community Development activities. Carried Octopus Intersection By Alderman Gutenberger: seconded by Alderman Saccucci WHEREAS, This Common Council has received the Board of Public Work's recon@endation on the State TOPICS plans for the Octopus intersection, NOW, THEREFORE, BE IT RESOLVED, That this Common Council thank the New York State Department of Transportation for their help and efforts to improve the Octopus intersection, and BE IT FURTHER RESOLVED, That although State Subsidy plans to date have not been endorsed by the City, this Common Council wishes to continue ~o explore improvements to said intersection which could bemade through the State Subsidy program. BE IT FURTHER RESOLVED, That the City of Ithaca 1 s Planning Department discuss with the Town of Ithaca and County Planning Departments alter- native means of crossing the Inlet. Discussion followed on Council floor. A vote was taken on the motion being discussed, which resulted as follows: Carried Elderly Bus Run A-iaerman Gutenberger reported that the resolution on the Elderly Bus RGn expired as of January 2, 1976. Since that date the E.O.C. has started a trial run on a volunteer basis for the elderly. Alderman Gutenberger suggested that the Planning and Development Committee watch the developments of the E.O.C. trial run. Southside Center Cost Renovation -·-·-•-.··-·--Alderman Gutenberger reported that the Mayor had vetoed the previous resolution, and that his Co~nittee will take it under consideration. BUDGET AND ADMINISTRATIO\T C0~1MITTEE I-i llri1.a11 s e rv i Ce s C c)allt7-o 11-co-rl-fr":_i"ct By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That the Mayor and City Clerk be and they are hereby and directed to execute an agreement for services of the Human Coalition of Tompkins County, Inc. for an amount not to exceed authcri. zed Services $4,676. - LO 8 January 7, 1976 ~ Antone Aboud Agreement By Alllt::rrn:Jn Dennis: seconded by Ald~:rman Boothroyd RESOLVED, That tl1e Mayor and City Cicrk be and they arc hereby authorized and directed to execut·e an agreeme nt: i-ri th Antone Aboud for negotiation services with t}1 e five l5) Unions in an amount not to exceed $12,000. and B~ IT FURTHER RESOLVED, That expenses 1~i l l be paid to an amount not to exceed $2,000. in addition to the $12,noo. Carried -Marriage Licenc/3 Clerk Appointments I 1r5;-A-fcierrnan Uenni s : scc--o ndcd 1-:;-yA[cferw an Sl attcry WllEREAS, City Clerk Rundle requests Common Council to approve his designa- tion of Bonnie T. Steinberg and Mary E. Benson as Ma rriage License Clerks to receive applications, examine applicationst investigate and issue Marriage Licenses in his ahsence or inability to act, NOW, THEREFORE, BE IT RESOLVED, That the City Clerk's designation of Bon nie T. Steinberg and Mary E. Benson as Marriage License Clerks be approved. Carried ~ City Attorney Agreement Bv-Arderman Dcnnl s: seconded by Alderman Boothroyd <( RESOLVED, That the :Mayor and City Clerk be and they are hereby authorized <C and directed to exec;__ite an agreement with Martin A. Shapiro, Esq. for <t services as City Attorney in an amount not to exceed $20,000. per annum for the period of two years. Carried Challe nge Industri.es Agreement Byi\ldei~rnan Dennis : seconded by Alderman Gutenberger RESOLVED, That $2,256. will be appropriated to Challenge Industries for the purpose of consolidating the Attic and Thrift Stores of Challenge Industries, Inc. as recommended by the Human Services Coalition of Tompkins County, Inc. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Trave l Expenses for Building Commissioner Applicants Bi--JCf.::Ic-rinan -t,ennis: seconded by Alderman Holman RESOlYED, That $1,000. be authorized for expenses incurred for travel '.:iy applicants to be interviewed for the position of City Building Commis- siciner, and BE IT FURTHER RESOLVED, That the number of applicants to be compensated for travel be limited to three (3). Carried OLD BUSINESS Publ1c Safetv -West Hill Area By Alderman Slattery: seconded by Alderman Saccucci. WH ERE ,\S, a recent increase in crime, especially breaking and ent eri_ng and burglary~ has recently occurred in t he West Hill aiea of the City, and 9 .Jan u a r y 7 , l 9 7 6 • ' : , (1~ ___ Y o_u_ t o /\ 1_ 1..lc rm c n __ _1 l.' ay) n ~~ _c nu lh" u __ f1v Alllc,)rrnan Bo r on kay: ~:,ccrrndcd by Ald1•ni!:n1 SL,tt c ry \''i:Lr<L\S, J\nne T. .Jones h;:ts serve d. the City di1 ·i :,;l~ntly fo r eight (8) years, and ;·,:tf:RL\S , Anne T. Jones s p :..:·nt ,;,any hour.s ma st e ring tih~ c o:11:)1cxitl.0s of Cit y Government and r e presenting the i.nr c rc ~;t s 0f r il e City , NO\'!, Tf!EREFORE , BE TT PJ:SOLVED, Tlw t tllc Co~mon C:ounci 1 u n belw l f of +i.c, c1·'L·v 0-1• 1T ·,··•1~•c·•t c1oc•-· t·1-1a·nk \l·t·'" Tonc ·' fen· her out-standina service l. ' I_ •' .I • . ,: l \,.., J ,... (. -., .;:) ~ ' J. _J • l_l ._) . . . . ' ' . . b u. n cl w i s hes her we 11 i a h c r n e ,, are as of i nt c re 5 t . WHEREAS, Clark Hamlin brought expertise 1n the conduct of Government to his t e nure on Common Council, and \'iI-E:RF.AS, Clark Hamlin used that expertise in the affairs of the legis- lative body of the City, NOW, THEREFORE, BE IT RESOLVED, That the Commo11 Council on behalf of the City of Ithaca does thank Clark Hamlin for his service and wisl1es him well. Wl!LREAS, Donald Barber used his knowledge of financial affairs and other rnatt e rs in the service of the City, and WHEREAS, Donald Barber faithfully served his constituents and the City, NOW, THEREFORE, BE IT RESOLVED, That the Common Council on behalf of th~ City of Ithaca does thank Donald Barber for his servic( and wishes him well, BE IT FURTHER RESOLVED, That these Resolutions be spre:ad upon the Minutes.__. of this meeting and that a copy thereof be pres ented to Mrs. Jones, Mr. Barber and Mr. Hamlin. ~ Carried Unanimously Agenda -Minutes Mayor Conley announced that the Council Age11das and Minutes will not be mailed to anyone other than the Aldermen, in the future. Copies will be available to others, in the City Clerk's office. Reco r d ing of Minutes Mayor Conley requested the Council to consider that when the Council Rules of Procedure are drawn up that Minutes refer only to thP-Resolutions and the ma in objections, and that the City Clerk establish a permanent library keep ing the tapes of each meeting that wo 11ld he ma de ava i l able to the Counc.il. On a motion the meeting was adjourned at 10:13 P.M. COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Regular Meeting 7:30 P.M. February 4, 1976 PRESENT: ~rayor -Conley Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman Meyer, Nichols> Saccucci, Slattery, Spano OTEERS PRESENT: Controller -Daley City Attorney -Shapiro City Engineer -Cox Youth Bureau Director -Cutia City Chamberlain -Wright City Clerk -Rundle PLEDGE OF ALLEGIANCE Superintendent of Public Works Police Chief -Herson Planning Director -Van Cort Building Commissioner -Jones Asst. Fire Chief -Reeves Mayor Conley led all present in the Pledge of Allegiance to the American Flag. MINUTES By Alderman Nichols: seconded by Alderman Spano -Dingman 7 RESOLVED, That the Minutes of the January 7, 1976 meeting be approved as recorded by the City Clerk. Carried PERSONS APPEARING BEFORE COUNCIL Shirley Watkins, Vice President of the Board of Directors of the Southside Center appeared before Council. She challenged Mayor Conley, the Aldermen and the City Staff to a basketball game which will be held Wednesday, February 11, 1976 at 7:00 at Central School. It will be a benefit game for the Southside Center. COMMU>JI CATIONS , 11 Stat•..:: of the City" address by Mayor Conley Mayor Conley addressed Council with his "State of the City" address which follows: With the end of the 1975 fiscal year and the completion of our annual report, we can now evaluate the City's current financial ·health, assess our past performance, and determine our future course 0f action. As w~ review last year's financial data, it is apparent that ithaca is in sound fiscal condition. What factors have contributed to the City's financial health? First, we can look at wise management by City Administrators. The City has taken full advantage of federal and state funding programs. Ithaca has received $1.7 million dollars through the 1975 federal Community Development Act. These funds will be used for physical projects in Ithaca which will improve the city's economic base and eli1ninate down- town blight. Special emphasis is being given to the improvement of our housing stock. Because this CD grant is available for only a 5 year period, the monies will be used for physical facilities rather than for social service programs which, to be effective, would require a longer-term funding commitment. In addition, under the CD Act, HU D has approved Ithaca's section 8 application which would provide $98.000 to the city to be used for rent subsidies to eligible citizens. 2 F~bruary 4, 1976 1 [:1~ca is proud of its Yooth Bureau, which, with its more than 30 1"ro grams , has been ha i led across the state as a leader in the provision c f services. Efficiency in the city will be further boosted as we complete our t1·ansition to a system of Centralized Purchasing. Centralized Pur- chasing will allow the city to buy equirment and supplies in quantity thereby reducing unit costs. It will also eliminate wasteful duplica- tion. Further, in the coming year, the city will emphasize evaluation of current programs as a means to assess effectiveness and set priorities tor the futu1 e. .~ Besides these administrative efforts, w~at other factors are responsible for our sound financial state? A ~ajar cause is the City's commi tment to the revitalization of its downtown. Our heavy investments in this area are now showing a return. 1975 saw the opening of the l \i.;:~ Ithaca Commons which serves as the focus for downtown renewal. In 1975, also, Sales Tax Revenues increased 18% over 1974 and 30% over 1973. We are optimistic that these increases will continue into the future: first, with the development of the Caldwell and peripheral street projects, and second with t~e City's efforcs to increase tourism within its boundaries. In the past year the city has continued to invest in services which will support its downtown area. To facilitate public access to ·the downtown shopping district, we have directed our efforts to the improvement of the City's buses and Public Parking Facilities. These efforts are now beginning to pay off. For example, ridership on City buses has increased 7.5% overall between 1974 and 1975 and 24.2% since 1973. This increased ridership is due in part to reduced fares for students and senior citizens RS well as to the City's promotional offer of free rides before Christmas. Since ridership is one factor used to determine the amount of state aid for City bus operations, an increase in users has also meant an increase in aid to Ithaca . . Revenues derived from bus operations have increased 20% over 1974 and 57% since 1973. Although expenditures are still greater than revenues in this area, this gap is narrowing. The financial status of our public parking facilities is also encouraging. Despite the large public investment made in parking facilities in our downtown area, actual expenditures decreased f rom 1974 to 1975. Revenues from these facilities have increased steadily, notably 151 from 1974 to 1975. Now that the Green Street Ramp is in operation, we can expect additional increases in 1976. One of the clearest indicators of our sound fiscnl management is the fact that, despite heavy capital improvements, we have been able to maintain a stable city tax rate and stay well within our constitu- tional debt limit. Ithaca's financial situation appears particularly strJng in relationship to other cities in the state. First when com- pared to the fifteen other cities with populations ranging from 16 - 40,000, Ithaca has the fourth lowest equalized property tax rate. This figure is significant when considering that 62% of Ithaca's property is non-taxable, the highest percentage of tax-exempt property in this group. Second, the amount of revenues collected from property taxes is 1 P .:: .:: i" h !l n 1 ? 9.: n ·F t-h P + 11 1 1 v t-!l v ci h ·1 A !l c: c: ,:,. <: c;: ,:, rl -r,::, !l l n -r n n p ,. t-v i n t-h p. r-; f-v ~ LD LD 0 <t <t <( 3 February 4, 1976 city expenses. In addition, wise investments in public works are bringing returns which the city as a whole is now beginning to enjoy. What do these facts mean as Ithaca makes decisions for the 21 future? The most over-riding concern today is maintaining the finan- cial security we have currently achieved. This must be done as outside sources of revenue to the city become less certain. We presently anti ·· cipate a 5% decrease in state per capita aid. Further, we do not know the future of federal revenue-sharing which is scheduled to end in 1976. Cutbacks in these areas will place a greater financial burden on the city. Therefore, it is necessary that we seek future investments which will bolster our local economy while offsetting the inflationary pres~ sures of the national economy. Several options are now open to us. Specifically, we want to continue to invest in capital projects aimed at further strengthening the economic viability of the downtown area. Toward this end, the city is considering a $4,000,000 bond package which includes bond issues for the Green Street Ramp, the Commons, and the Public Works Maintenance facility. Alternatively, we are considering bonding for the Green Street Ramp alone and amortizing the current bond anticipa- tion notes for the Commons and the Public Works Maintenance facility. While the second course of action means higher yearly payments in the next five years, the total cost to the city would be lower in the long- run. The city is also investigating the feasibility of undertaking several other capital projects to strengthen the city's economy. One proposed project is a land-use study of the southwest section of the city. Its purpose would be to evaluate the economic potential of developing this area and to recommend plans for its future orderly growth and development. A second project involves improvements to the Elmira Road. Both projects are ones which could potentially lead to an increase in the city's tax base and bring additional revenues into the city. Any major decision must be made with consideration of the city's bonded debt and the impact that a proposed project would have on our constitutional debt limit. At the end of 1974 we had bonded 43.6% of our constitutional debt limit le2ving 56.4% of our ability to bond still available. The debt limit is expected to rise in march of this year as city property is reassessed by the state. This means that our capacity to bond is also expected to increase, thereby providing the city with greater flexibility in decision making and providing a greater margin as we increase our bonded indebtedness in the corning year. In conclusion, the strides that Ithaca has continued to make during the past year have resulted in financial benefits to our com- munity. Sound administration by our staff together with careful invest- ments in capital facilities have led to a high level of services, effi- ciency of operations, and a financial condition that is better today than that of most communities of our size in the state. We are currently in a good position to consider the options now facing us regarding our future growth and development. However, any decisions reached by the Mayor and the Common Council will, as in the past, involve measures which will continue to produce revenues for the city and the highest dollar return on our investment. COMMUNICATIONS FROM THE MAYOR Resignation -Board of ZoninP AnneRl~ 22 4 Fchr~ary 4, 1976 :·,: comp lete :)J , 1976. the unexpi ce c:l term of John Bo cii Hc wh ich expi .res Dec emb e r Carried Ap pointments -Youth Bureau Advisory Board f;,,-1\l-~lerman Gutenbe r ger: seconded b);.-A.l.Jerman Boothroyd RESOLVED, That Common Council approve the Mayor's appointme nls of the f i v e (5) men listed below, to the Youth Bureau Advisory Board for three yea r terms, to expire 12/31/78: David Banfield, 312 E. Falls St. J. B. Graves, 406 Hook Place David Cullings, 973 E. State St. Steve Hamilton, 501 Dryden Road Jim Dennis, 111 Irving Place ~ppointments -Commons Advisory Board By Alderman Boronkay: seconded by Al~erman Holman Carried RESOLVED, That Common Council approve the Mayor's reappointment of the three (3) people listed below, to the Commons Advisory Board for two year terms which expire December 31, 1977: Peggy Underwood Gerald Schickel Stuart Lewis Letter from Mr. Tom Neiderkorn Carried Mayor Conley read the following letter from Mr. Neiderkorn, chairman of the Commons Advisory Board: ''I have received your letter concerning the Commons Advisory Board to investigate the best site and location of a flag pole on the Commons. ,.,,.., I am working together with Tony Egner on this and would have a recom- mendation for you after the Commons Advisory Board meeting on February l 6th." ,,s Mayor Conley stated that he would like to have the flag pole in place by Memorial Day. CITY ATTORNEY'S REPORT City Attorney Shapiro reported that he has pending a lawsuit on behalf of the City against a person who allegedly injured one of our police officers. It is about 2-1/2 years old now and it's finally getting to the point where we may be able to settle the matter. The City's course of action is for wages paid when he was off-duty, injured, and also for medical expenses -somewhere in the range of $10,000 to $15,000. Resolution By Alderman Boothroyd: seconded by Alderman Boronkay RESOLVED, That this Common Council authorize City Attorney Shapiro to s ettle the pending lawsuit involving a City Police Officer. Said s ettlement to be in the best interests of the Citv. • Carried ADDITIONS TO THE AGENDA Bud ge t & Administration Committee Afd e rman Dennis requested Council to add the followin2" i t.ems tn thP LO LO 0 <( <( <( 5 February 4, 1976 Alderman Slattery read a letter from Police Chief Herson as follows: Alderman Donald Slattery Charter and Ordinance Committee Ithaca Common Council City Hall 23 Ithaca, New York Re: Proposed Noise Ordinance Chapter 68 -Article I Alderman Slattery: The proposed Noise Ordinance has been reviewed by this office and by the Staff Officers of the Ithaca Police Department for comments with relation to the enforcement of this ordinance. I also requested any recommendations that they had as it relates to the proposed Noise Ordinance. The new Noise Ordinance for the City of Ithaca, New York states that its purpose (Article l, Section 68.2) is to prevent the making, creation or maintenance of excessive, unnecessary, unnatural, or usually loud noise, which are prolonged, unusual, and unnatural in their time and place and are a detriment to the PUBLIC health, peace, welfare, or good order. The proposed noise ordirance has basically the same standards and elements of the present Disorderly Conduct statutes defined in the Penal Law of the State of New York (Section 240.20). However, the noise ordinance purpose is to prevent public annoyance against noise, it appears that there are segments of the ordinance that deal with individual annoyance. An example of private annoyance appears in Article 2, Section 68.21 of the proposed ordinance. This particular section states that any person who makes loud noise by the use of radio, T.V., phonograph, or musical instruments in a residential neighb(1rhood, and disturbs the pe ace and tranquility of a reasonable perscn of normal sensitive- ness, residing in the neighborhood could be a vfolation of the ordinance . This could be construed in sucl1 a way as to be a private annoyanc e . Private annoyances, however exasperating and reprehens f b le, are not sufficient to constitute a breach of the public peace, health, welfare, or good order as defined in Section 68.2 of the proposed ordinance . An example of a private annoyance recently set a precedent in the City of Ithaca where an individual complained that a local banking institution played chimes every day at 5:00 P.M. and caused him to become extremely annoyed. This case went to court and later it was resolved that the playing of the chimes did not annoy anybody else in the. neighborhood but the complainant. The Court ruled at that time, that the playing of the chimes was merely a private annoyance. Th0 Court further stated that what might appear to -be noise to one person, could be beautiful relaxing music to another. Article 2, Section 68.24 deals with the harboring, keep ing , maint a ining, or pern1itting of animals or fowl to make a sound, c ry, or behavior in a residential nei ohborhood. This s ection states that a person who shall allow or per;it this type of a c tion to take place shalJ be unlawful. Could thi s be interpreted to mean that if one per- son h as a do g , and the dog mak e s· a sound that bothers his nei;,;hbo r , t ha t the pe rson should be punished f or it? Many of our cases in this s itu2.tion "1 ,.-, '\ !'" r, '1 , r ~, ,·, "f'"\ 1 -., r I"'"\,~..,, 1, ,,.... ,.... ..: rr l , 1-.. ,-.. _.. .,. ... l... ...... ..l -,...._ ,.., ............ L , ..: 1.. ..... -1 --•----_1 ---· •·•· ..,_ -_._ -·•· .! .1 J-1 .. - Februa ry 4 ., 1 9 76 24 Sc ct ion 6 8 . 2 8 ~; t ;~ t cs t. h :1 '.. i L sh a 11 b c u n 1 ,rn f u 1 f or any [H: rs on t c operate ciny mo t'Jr vch ic·l c in such a rn Tnnc r ,1~~ to ca use the t.i rcs _ tl1creo:1 to emi.t a s que;ll.iJtg no i ~~c., etc . I bel i e ve tha t I .:1m awrn ·e of t he r ational behind t h is ;:;cction, howeve r ic i s s o vague that it 1voul<l r,~ l a t c to ti re s sq u~a l ing on t he hot p a vcmen t during the s ummcr, a :;i r.ua tion that is not unckr the immed i ate cont r o l of the opc-r,:1to r of t he v e hicle. A pers on living on the corner of a block, where m~ny vehicle s are turninr, during a t im e such a s thi s, could e a5ily he ann oye d, however withol1t any intent to create nois e by the oµe r ator of s a id vehicle. Th e Police in this event would be acc11 s cd of failing to ma ke arres ts under this section of the nois e ordinance. Under Section 68.3 provides the various definitions relating to this ordinance. There is nothing within the ordinance to provide for the normal, routine, required ma intena11ce services that are provided by the City of Ithaca, that do in fact make noise. I am discussing the noi s e made by garbage trucks in the early morning hours, street s we epers throughout the night-time and early morning hours and snow plowing operations, most of these operations not being conside red under the "Emergency Work" definition. I sincerely hope that this will assist you in evaluating this ordinance prior to its adoption. Sincerely, /s/ James M. Herson Chief of Police Alderman Slattery introduced Mr. Bill Storrer, an Accoustical Engineer from Ithaca College, who explained to CouLcil the meaning of "decibel" and how sound can be measured with a device so as to take the conjecture out of measuring noise levels. Mr. Storrer agreed to work with City Attorney Shapiro to finali ze the proposed Noise Ordinance. Reso:tution B5·-Alderman Slattery: seconded by Alderman Saccucci RbSOLVED, That Council approve the referral of the proposed Noise Ordinance to the City Attorney, who will make the necessary corrections and changes and bring the proposed Noise Ordinance back to Coun c i l at the n ext meeting. Carried Comnons Fee Schedule ty Alde rman Slattery: seconded by Alderman Saccucci Fee Schedule for Use of Ithaca Commons by Commercia l Vendors WHEREAS, The Ithaca Commons Advisory Board has determined that c ,3rtain uses and activities on the Ithaca Commons arc desirable and beneficial because they attract additional visitors to the Commons area, and WHE REAS, certa in of the uses and activities are d e signed to bring finan- cial ga in or profit to their sponsors by using the Commons as an out doors sales a rea, and WHEREAS, it is the desire of t he Common Council to encourage the widest pos sib le v a riety of cultural and community-service events on th e Ithaca Co mmons, and 7 February 4, 1976 25 2. Five dollars per unit of space approximately eight feet by 20 feet in size per day allocated to organized groups of cas ual vendor s of large items such as but not limited to, automobiles, campers, boats, and lawn equipment. 3. A flat fee of twenty-five dollars per day for either the e ast or we s t pa vi 1 ions on the Co mm on:; . Us e o f th e pa v i l ion s w i 11 b e d r:; ~ e r ·- mined suitable for individual no11~mo bile casual vendors displaying and/or selling items related to outdoor living, such a s, but not limited to, garden or la\vn fu·r11iturc ancl eqt1ip1nent, c amping :1.1"!.ci sporting equipment, building products, etc. 4. No fees shall be collected for non-profit activities such a s fund raising sales by youth groups, ticket sales, literature sales , or school class projects, but all such activities shall be sche dul e d by the Commons Advisory Bo a rd subject to availability of space . S. Individual mobile casual vendors will not be permitted on the Cooonons area until specifications for the design of carts, type or merchandise to be displ&yed, number of such vendors, and other details including the selection process have been determined. LD 6. LD The following conditions shall apply to the collection of fees for use of the Ithaca Commons by profit-making groups not domiciled within the Commons Tax Benefit district: 0 <( <( <( a. If rain should force cancellation of a scheduled date and no rain date has been arranged, fees for the cancelled date will be returned. b. All fees must be paid in full one week before the scheduled event. c. Air space above a unit of space on the Commons will be limited to eight (8) feet in hei ght without special authorization from the Commons Advisory Board. d. All vendors shall be subject to the overall jurisdiction of the Ithaca Commons Promotion Director as designated by the Commons Advisory Board. e. All fees collected for the use of the Ithaca Commons shall be deposited immediately with the Controller of the City of Ithaca or his deputy. f. In case of disputes regarding fees that have been paid for the use of the Ithaca Commons all complaints should be made in writing and as promptly as possible to the City Controller. g. It is expected that a contractual agreement for the promotion of the Ithaca Commons will be negotiated between the City of Ithaca and the Ithaca Commons Advisory Board. Carried Common Council -Rules of Procedure ---By Alderman Slat t e ry: s econded by Alderma n Boronkay RESOLVED , That the Rules of Procedure for the Co mm on Council as pr-e- sentcd by t'1c Charter and Ordinance Co m;n i tte e be a pprov e d a s fo1 1 o ·,.;s: 26 /, copy of all rc sol t1t~o11 :; to,:· c1ct·('d tq)un ,t the CcrnmoP C:011nc 1.J ;a1:'cl in~'-shall acCO:';]);-'n}' tl1 1) c1 ·Li rn\;1(;'s rcpo·;'t t o t}1 c C:ty C:l c i.·k, ;•n (i the City Cl erk sha11 ;1t t ,1 c lt s:iiJ _,·c~,olliUons t.o the agenda. The legality of a11 rc:solut.jons presented t·o the Cc rnrn on Council <.: l··t ··1 ··11 j) ,, 'i f"J" p ·1• 0 v0 c·1 ])"" t l1 I' '\·f-f-1) ·•. ·1·""" -r-o 1· ·t !·1 n (" .; 1•· y '!) ·1· .1· 'J' ·r t O -1-11c'L r ... ,., ,;._, .... _,,,_, ..... _.' -..l ·.Y .. _ _, I, ....... ,.,. lJ '-'J ·-' ·-,\__, ,,..,.1.,~ ~-.. \.-I _.,, submission to the Con11non Council. 5 . 7·Jo leg~_s l :..1.ttoi1 n1c1)' be lJr1J1J.g h·t Ul) for a vot e at a r·egula·r 1neeti.ng ,)f the Common Council wi tho1tt unanLnFius vo i:c of the Council members present and voting unless it has fir~t appeared on the agenda. 6. A matter may be reported to the Council at any time, whether or not it appears on the agenda for that meeting. However, no vot.e rnny be taken or mot lon made, except fo r l'l' f e rr al, with regard to any matter which does not appear on tl1e ag enda if a formal obJection thereto is made to the Mayor by any member of the Council. 7. The agenda for each Council meeting is to list all previous undis- posed referrals to the various committees. The explanation of the agenda will be used to clarify those items that will appnar for action by the Council. 8. All matters to be brought to Council will be adequately explained with names, dates, time, addresses, etc. on the agenda (except the Mayor's appointments on January 1 of each year). 9. All referrals or action resolutions will be transferred in memu form to the committees of Council, boards, agencies, and depart- ments by the City Clerk. 10. All referrals with origination date will appear on all agendas continuously until some action has been taken by that governing body to remove same. 11. The City Clerk shall rotate the reports of the standing committees of Council from month to month and shall rotate the order of the roll call votes. 12. Any six members of the Common Council are empow1;;red to call a meeting of the Council by giving due legal notice to the full membership. Carried Alameda -Vote '76 Arcforrnan Nichols reported that the City of Ithaca Bicentennial Commis- sion, on January 21, 1976, unanimously endorsed the following challenge which was received from theAlameda , California Challenge Committee: Dear Members of the City Council and Members of the Bicentennial Committee: The City of Alameda, California, issues a Bicentennial challenge to your city to be the Nation's votingest city by Novem ber 5, 1976. You can be s ure that if your city isn't, Alailleda wil l be or perhaps one of the eight othe r cities, from coast-to-coast, who have already joined the co;,;petition. In fact, today 1.-ve're ma iling this challenge to 5,500 cities all over .,,.., J\rn(?l~icn.~ t\l~m0.r1:1 1c: ,rn'tPr ;i...,..-1,r(-:) h~c: h 1---:-.f ... nTTlCl 6:) rf"\mr.,11n'l+~r-T.r-i r·lo n"\<"'r"\..;,""\,-+ LD LD 0 <( <( <( 9 February 4, 197b 27 The competition is designed so that every community of any size can enter and win. Enclosed is an information sheet explaining the contest. We've also enclosed an "Official Entry Form" to he completed and certi. fied by your City Clerk or rt::gi:.;trar. /u10thcr form 'di}l be sent after the President ia.l Elect ion in 19 7 6 to comp 1 c te Uw i.nf o rm:-,;. t ion tu deter- rnine the winner. But in this contest, we're all winners. Join us. Challenge us. Celebrate the heart of the American exper- ience --a free nation governed by free people casting their free vote. Votingly yours, /s/ Ruth M. Drossel, Chairman Alameda-Vote '76 /s/ Howard L. Barto, Chairman Challenge Committee - Al3meda -Vote '76 Alameda Jaycees Post Office Box 2230, Alameda, Californja 94501 (415) 865-7804 Resolution By-AJ.d.erman Nichols: seconded by Alderman Spano RESOLVED, That the Common Council endorses the Vote '76 competition and accept~ the challenge of the City of Alameda, California, to be America's Votingest City by November 5, 1976. The City of lthaca Bicentennial Comnission is authorized to participate in the nation-wide effort to encourage voter registration and voting in the bicentennial year. Carried Bicentennial Projects and Plans Afclerman Nichols reported on the projects being readied for the Bicen- tennial Year celebration. There will be Bell Ringing throughout the area on July 4th at 2:00 P.M., a Kite Flying Contest at Belle Sherman School> a History of Roses Festival and the Bacge visit in August. Local Law Amending Section 3.4 of the City Charter 135,-ATcforman Slattery: seconded by Alderman Boronkay R~SOLVED, That Local Law No. 3 which ameLds Section 3.4 of the Ithaca City Charter be approved by Council as follows: LOCAL LAW NO. 3 OF THE YEAR 1976 CITY OF ITIIACA A LOCAL LAW AMENDING SECTION 3.4 OF THE ITHACA CITY CHARTER BE IT ENACTED, BY THE Common Council of the City of Ithaca, New York, as follows: SECTION 1. Amending section 3.4 of the Ithaca City Charter by adding a provision A new paragraph is hereby added to the end of Section 3.4 of the Ithaca City Charter to reaa as follows: ''Notwithstanding the provisions herein above, any six (6) aldermen may ca11 a special meeting of the Common Council by twenty-irF.:r· lrnurs 1 notice in writing served personally or by mail upon the other members of the Common Council, or by leaving said ::1.otice: 28 TTi:1: 1',l(J:.'~r!(;:.;,·;1 O() "i~,)y\t c·1~·:·_;·1:~L.Cd l!;~~t tlic C:.~:1r:r;1.i'i:tcc hc.1-d th c .-i-r f ir >;i: n;( .. C:t.J.·n g :_;1; t!1·~· :i-r·ti f\!ol 1d;1y o ( ,;;,n u:·~j·v .. '.t"hcv cn;:t \\:.i.th rJi,_~ Y 1.1l..1th bu rc;_-td, :.!·~-thc- .:\J \,·.isory j1c)t1Tdfs •• r cq t1c~-:;t 1 t~ , __ ii:.:,c1J;;s th.ci r l .. :-i:)r1ceT".ns a.s ·:-.o t\ilt;:i l clir.·ct_·-t i_cq1 the Cit y 1-Jas headed ~:.~~ far J s CLLfJ i ta.! pro_i cc c..;, e tc. were c ,)::c 1:1·.nc d. 1.lc c :c1n·c-:-~scd OLU' cu,1 cern Lo t li c1:: th:11 ! .. he City an,l Coun ty 1-v'.:uJvc the [Hoblcrn of a j o int city/c()unt y Youth f~lirca u by tlw end 1J f the: ,1.rr:::=:.r . A1.dennan Boothroyd fu rther s t a t e d that the Cornrn i t t ee c:~l so pJ .. :n:-: :.c, eeet with t11c Police o.nd Fi.re Depa rtments in orde r to br.ing ,:rny of t'iie:i T concerns to L:ouncil. PLANN f NG AND DEVE LOP~!ENT COMMITTEE Anthony Taverni Contract F~;·-;\T~ft;·1.:ma11 l.Tl1fe\1Gcrger: seconded by AL!crrnan SLi.ttery \VilER C,'\S, the Community Developme nt Grant for 19 75-76 includes $10,000 for e conomic studies, and W!-IEREAS , the Community Development Ag ency has recommende d en ;:er i ng into a co1.tract with Anthony Taverni for consulting services for economic development, THEREFORE, BE IT RESOi:..VED, That the Mayor be authorized to execute the following contract, and BE IT FURTHER RESOLVED, That said money be paid from the Community Development Budget. Carried CONSULTING AGREEMRNT .:\GREEMENT, made this 5th day of February, 1976, between the CITY OF ITHACA, City Hall, Ithaca, New York ("City"), and ANTHONY F. T1\1/ERNI, 9 Cli ff Park Circle, Ithaca, New York 14850 ("Consultant"). City hereby retains Consultant to provide such industrial develop- me!lt consulting services as shall b\_; specified by the City Din~r.:tor of Plar1ning and Development. Consultant agrees to perform such services under the terms and conditions set forth in this Agreement. Consultant shall be compensated for services hereunder at t he rate of $4.50 per hour. In no event shall total compensation f o r services hereunder exceed $2,500.00. I n addition, the City shall reimburse Consultant for such e xµenses as may beAecessary for the proper execution of services hereunder) as approved by the City Director of Planning and Development. The City shall provide such support staff se rvices as may be re- quired for the proper execution of Consultant's services. Prior to noon on Friday, February 13, 1976, and on each second Friday thereafter, Consultant shall submit to t he City a vouche r, signed by the City Director of Planning and Developme nt, showing services per- formed by Consultant during the previous two we eks and payment t o w~ich Consultant is entitled. The City s hall pay Co nsultant pursuant to said voucher on t he day en wl-.i ch said voucher is subiai tted. ...-. Ln Ln 0 <t c::r <t -11 -February 4, J 9'/6 Aub~1rn Park By Aldcnnan Gutenberger: seconded by Alderman Boothroyd WHEREAS, the City of Tthaca, Nc'v, York desir,:,s to apply for :li11;crn'--~iaJ a~sistance under tlH~ Outdoor R,"creatic)n Dcvcto nt Bond /\ct (Cktptcr s s 8 ' 5 5 9 ) Laws O f t Ji (' st at C O f NC w y () rk l 1 '.J h _r; ) ? n d u 1) cl C r th C Lan d ;1;7 ( i 1',a:.:.0r 1.,onservat1on "Una I.ct o:i: .o.) ,o ,)tat. <)~u-1~10. •-or enc: Auuuu1 , r 1 0 • I' , f " l <) r. c ( • 1 c c ~ r--·, ·, •• 4 ) f · ' ' ' Park improvement project 1-vhi·.:h will p:rovide pJay -fac1L_tics for the neighborhood; 29 NOW~ nrrmEFORE, BE IT RESOLVED, t11c Com!110n C:n:ncil be:. and is bcr2t1y a11tl10rized to execute and submit application for financinl assistance under the Outdoor Recreation Development Bond J\ct (Criapters SS8, 5S9~ Lays of the State of New York, 1955) and under Land and Water Conser- vation Pund Act of 1965 (78 Stat. 897-1964) for the cost of development of Auburn Park; and be it further RESOLVED, that upon approval of such grant application, that the Mayor be and lie hereby is authorized and empowered on behalf of the Com1n,Jn C0u11cil to execute such contracts as are necessary to imrylement such project. Mayor Conley stated that any action taken by Council tonight w511 close Adams Street. That matter is presently before the Board of Public Works. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Sale_9f Hancock Street Property not Alderman Gutenberger reported that the Planning and Development Committee recommends the sale of the Hancock Street Property. The Budget and Ad - ministration Committee will present the resolution to have the property ·dppraisecl, etc. Co@nunity Development Application for 1976-77 --·--------· ----·-··----------·----·-·-·---------,--·--·--------···-·· By AlcJcn::an Gutenberger: seconclca by A1cicnn2.11 D2nnis WHEREAS, the federal assistance provided in the Community Develop111tmt Prograril is for the support of community development activities that nre directed toward the elimination of slums and bliphting influences; the elimi.nation of conditions that are detrimental to he~lth. safet'>', and public welfare; the conservation and expansinn of the hou~ing st~~k in order to provide a decent home and suitable living environment for .111 persons; community services and facilities, principally for persons of lmv an.cl moderate income, that are essential for sound community develop· ment; a n1ore rational utilizati0n cf land and other natural resources; the reduction of the isolation of jnc:ome groups within the co1rrnmni1.y ,m:..} an increase in the diversity and vjtaJity of ncighborl10ods; the rsstor- ation and preservation of properties of special vrdue for historic:,. architectural, or aesthetic reasons, ancl Wil[RE/\S, working tm✓ard these objectives 1.s in the interest of th0 C:lty of Itbaca, and WlJEf<.EAS, the City possesses lerral authoTi ty t'.J 8ppJy for -i· to execute the program proposed in the Comm1rnity Development . . . t.1 J.)J) _t_ :1-cat 1 o ri) 12 30 ,t.c-\✓a:; taken on tlic rnot:ion under dl~-ct.;,si.on, '>'ilt]c;i rci;u.J.tcd a3 ; ,: ) LO \VS : Carried ' 1. f i<.O>J\iENT,\L CO~f:-ITSSION ' :,,: ... ;,.~ •• J'·t•~1r1~Jn 1··•·.,•,.,.,..+,.-:-, t-}·t·1•· t.l., .. !' .I.:,11v·.i.·,·•r.,_.Jl',',·lp_ .. J·1,t:-1 .. _·l r:omn1:issi:Jn met on 1 -. L,_.., ~-.iil.u . ..i.1.. \) _.L(:.•~ 'i,.:;.lj,__ ;_ l,1,,,,U .. '--.:. L.. -..... . ... .. ~ . . . .., \_ -- JU:11J;ll'\' 20, 197(1. AL that rncctin~; thcr elected Joy Daley as Chairman, !''.i '.:c u:111 as Vice-cha i.rm,:111 and Jonathan Simons a'.3 representative to th-; I:nvironrnenta.l itrnarcmcnt Council of the County. Twf,nty letters were...,,,,,., rcc~ived from city residents in respon5c to th~ a~ticle written by a ,, ,::t1,.:::r of the Envi1·onmenta1 Council foT the Ithaca Journal The article ,,;-,:scntcd the cas,;; r the: re--cv:1lltation of tne Cir,y's use of -~alt. The ·1· \ • ·, 'tl "-V ( '? 1). -, 1 n ·t t C l' <..: V e I" t' "J' 'L 1· r•, --= ' I ') 11 o· ,.. t O Ir: t f] (' D (; 'j i t i O n c; 1 :C1 r l~ c1 i Il t h C .,-> ,J ••• . \... J \. ,;.,; •, j _ \.~ ' .,,_J > •, -' ,,· '--"'• . -__ . ~ ~j (_,_ l .l. , • .>. , ,• / , . . • • ,4 ,._ •• , •-v• 'V -,,i. •• urticle. The Environmental Council also r·eviewed the impact of Auburn Park on the Community, as part of the application for matching funds from The Bureau of Outdoor Recreation. It also agreed to coordinate an educational and publicity effort for the collection of glass and aluminum done by Challenge Industries. BUDGET AND ADMINISTRATION COMMITTEE Richard J. McDougall -Agreement By Alderman Dennis: seconded by Alderman Slattery RSSOLVED, That the Mayor and City Clerk be and they hereby are authorized and directed to execute an agreement with Mr. Richard J. McDougall, 614 Chestnut Street, Ithaca, New York, for services in the City of Ithaca's Community Development Program. The rate of compensation shall be $38.50 per day and the total amount of said contract shall not exceed $8,200. per annum, and I so move. A discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Planning and Development -New Positions By Alderman Dennis: seconded by Alderman Meyer WHEREAS, Common Council established new positions in the Department of Planning and Development and WHEREAS, it is necessary to establish a rate of compensation for each pos i tio11, NOW, THEREFORE, BE IT RESOLVED, That the following compensation plan be adopted by this Council effective payroll period beginning February 1, 1976. Plannin.g Technician 1976 TITLES AND COMPENSATION SCHEDULE FOR DEPARTMENT OF PLANNING AND DEVELOPMENT Min. 8,117 Step I 8,442 Step II 8,780 Step III 9,131 Step IV 9,496 ~ 13 February 4, 1976 31 1976 Compensation Schedule continued Step St ep Step Step Step Max . V VI VII VIII IX Step X --------·-----------------------····-----···-···-····--·-••··--•·"-' .. , __ PTai1n.ing Technician 9,876 10,271 10,682 l].,109 11,553 12,015 Planner III 12,195 1?.,683 13,190 13,718 14,267 1 . "~-,. 4 , ,:i.'>b ].1~ 2.11r·~cr II 14,069 14,632 lS,217 15,826 16,459 17.117 anner I 15,965 16,604 17,268 17,959 18,677 A discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Ayes -9 ff')Ys - ( 1) -Boronkay LO Carried ~nathan Meigs -Planner II ~ Alderman Dennis: seconded by Alderman Gutenberger ii:(SOLVED, That Jonathan Meigs be provisionally appointed to the position e:f Planner II at a salary of $15 ,217. per annum effective February 1, 1976. Carried Rosalind F. Williams -Planner II By Alderman Dennis: seconded by Alderman Slattery RESOLVED, That Rosalind F. Williams be provisionally appointed to the posi- tion of Planner II at a salary of $13,008. per annum effective February 1, -; r. 7 6 .. Carried Judith Benedict -Planner II Bi-Al.dei-Jn;:,·n Dennis: seconded by Alderman Slattery RESOLVED , That Judith Benedict be provisionally appointed to the position of Planner II at a salary of $11,564. per annurn effective February 1, 1976. Carried Administra tive Secretary -Planning & Developme11t Department By--Ald--;:2-·rman Dennis: seconded by Alderman Sla.ttery RESOLVED, That this Common Council request the Ithaca Civil Service Commis- sion to create tl1e position of Administrative Secretary for the Planning and Development Departments and BE IT FURTHER RESOLVED, That the position of Senior Stenographer in the Planning and Development Department be abolished. Carried Onc-:~-tc11 Increment -Senior Stenocrr,rn h e r Clas~~i f:icc1 tion By ;\1cle·rmrrn ilcnlli s: seconde d by ,\Llc1··nun ui--cn c·1;~1-Ei ______ _ 1 '.C,L\1ED , Tl-i,1t a one··stcp incre,·.ent on tlic C.S .E .A. Cornne n s;;_tjon P1nn h 1~ l ti 32 :'.'l j 1·;i: ·1.·r ;..zc;)()L'/LD , 1'h(.tt th e l). l}.v;~ i-•nkc \-.;~-~dr.evcr ·)tf'l)~ :tT·e ,tc:c1n c d T1ec cs sar)' \_•, di 0,pc,:;c of ;;aj_d land, :~'.t:1),cct tu cc:--,crvat:ion oL' a ~;el'.',~r 1~;1S Clit,.:nt by th,) .. ,,/ and the gr:rnti.n g of uti1i.ty c :1 '.,c1nc ni.:,; to 1'!.Y.S.L .tIC ., :ind ?l'. TT FURTHE R RESOLVED, ThDt an appra isal of sa i..d pJru~l be acqui n;d b;' the • • r···1 • l • J t :1· • l • ·t 1 l' 1 1 l<' ·1 t,~, -i-._.111c-' .. ··;-1 __ -_l_i~ ·p ·1.·_J·_cc 0 4_.: t .: Lv , erK anc cic cos __ o: s:uc appr:tl~;a_ s E1 .t ::,e ac.c. :-c . . _ ""'· -- :lie· l and, t oge-th er with s uch othe T cos ts incurred, and LI! fT Fll:rfl!ER Ri'.SO LVED , Thot the s:.tm of $2 50. 00 be transfer-re,} f:1·om the cuntin gc ncy t o cover said cost, and , ;; L: TT ST I LL FURTI·E2R RESOLVED, Th3.t the City Clerk advertise the s ale of ~;;:i(t parcel at auction. \ discussion followed on the Councjl floor. A vote was taken which resulted as follows: Car1ied Loss of Interest -Rosemary Lane Project t y Alcterman Dennis: seconded by Alderman Gutenberger ·r;:-iEREAS , the City of Ithaca received a refund of $287,502.89 from the New York State Department of Transportation on December 5, 1975, and WH EREAS, it is the consensus of this Commor Council that s2id refund should have i•;cluded interest on said amount for the period of usage by the Depart- me nt of Transportation, NOW, THEREFORE, BE IT RESOLVED, That this Common Council directs the City At torney to take whatever steps are necessary to assure the City that any accumulated interest earned by the Department of Transportation is paid to the City of Ithaca. Carried Ci t y Services in Support of Community Development Program By Alde rm an Dennis: seconded by Alderman Gutenberger I ..,,~, RE SOLVED, That the City of Itl1aca adopts a policy of providing existing se rvices in support of the Community Development Program with existing staff and without using Community Development Funds. Discussion followed on the Council floor. Amending Resolution I~y-Alderman 13oronkay: seconded by Alderman Meyer RESOLVED, That the City of Ithaca adopts a policy of providing services in suppo rt of Community Development Program without using Community Development f unds for the reimbursement of salaries for existing staff. Carried Original Resolution as Amended "f:y 7Cfclcrman Dennis: seconded Jj'y Alderman Gutenberger RESOL VED, That the City of Ithaca adopts a policy of providing services in suppo r t of Commu11ity Development Program without using Community Development funds for the reimbursement of salaries for existing staff. Carried Ln LO 0 <( <X <( 15 February 4, 197633 Ayes -(1) -Meyer Nays -(9) Amendment Defeated A vote was taken on the original resolution which resulted as follows: Ayes -(9) Nays -(1) -Meyer Carried DeWitt Park Monument By Alderman Dennis: seconded by Alderman Slattery RESOLVED, That $1,500: be transferred from Common Council account Al0l0-407 Contractual Services to the DeWitt Park capital project. Said funds to be used as the City's share of the new monument proposed for the DeWitt Park area. Carried Sidewalk Assessments By Alderman Dennis: seconded by Alderman Holman WHEREAS, The Board of Public Works levied sidewalk assessments on March 22, 1972 for the construction of sidewalks at 106 Second St., 508 E. Buffalo St., 517 E. State St., and on March 28, 1973 sidewalks at 526- 528 S. Albany St., 210 College Ave., 302 College Ave., 521 E. State St. and on March 27, 1974 for construction at 206 Cleveland Ave., 208 Cle7e- land Ave. and on November 12, 1975 for construction at 223 N. Albany St., 216 Cascadilla, 617 N. Cayuga, 409 Eddy St., 808 S. Plain, 323 W. tate, 414 Stewart Ave., and 331 S. Titus Ave., and WHEREAS, Public Hearings thereon were held by said Board on June 14, 1972, June 27, 1973, June 26, 1974 and on December 10, 1975, at which time the Board took action to finally approve said assessments and filed schedules thereof with this Council for confirmation and final approval, NOW, THEREFORE, BE IT RESOLVED, That said assessments in the total amount of $4,214.32 (schedule as· follows), be and the same hereby are approved and con f irmed, and BE IT FURTHER RESOLVED, That the City Clerk be and hereby is directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute said Warrant, whereupon all such assessments will become due and payable from the date of execution thereof ; and on all such assessments or portions thereof remaining unpaid after the expiration of six months from the date of s11ch Warrant, the City Chamberlain shall add and collect the perce11tage thereon at the rate of 5% per annum except and provided however that the City Chamber- lain may allow persons to pay their assessment, if the ;-ggregate amount exceeds $25.00, in five equal installments with interest at 5% on or about June 1st each year, provided howeve r, that any person desiring to pay by installments shall make application promptly in writing to the City Chamberlain; and a ll properties having such assessments or portions thereof of installment payments in arre~rs, and remaining unpaid at the close of any city tax CJllection period shall be included by the City Chambcrlai11 in a subseque nt city tax sale held in November each year following such city tax collection period; and s uch property shall he sold for any un paid assessments or pcntions thereof or any unpaid in- stallment payments, together \':ith t he outstandiru: balance of such install- 1,,ent· payr.wnts, to0etl1er with all interest , fee s nnd penalties tha t may h ,~ ... ~· .~~ ..-. ,. ... ..-. ...,,, .... --· .. 1 34 106 Sec ond St. 517 E. State Ye ar 1973 52 6 -28 S. Albany 210 College Ave 302 Ccllege Ave 521 E. State Year 1974 T(i6-Cleveland Ave 208 Cleveland Ave Year 1975 22:5 N. Albany 216 Cascadilla 617 N. Cayuga 409 Eddy St. 808 S. Plain 323 W. State 331 S. Titus Ave J\1orro l l R. Long 315 Columbia Josephine Little 106 Second St. Joseph Zazzara 517 E. State Marshall Drake 205 1/2 Center Beverly Hull 305 E. Falls Hazel A. Weber 302 College Ave. James W. Carer 610 Coddington Rd William H. Hart 617 W. Green St. James W. & Marie Mikell 208 Cleveland Ave. D & T. Streeter 223 N. Albany William H. Hart 617 IV. Green St J & C MacDonald 70 Longworth Ave. Charlettetown PEI Canada G & G Lambru 407 Ecldy St. Earl & Iva Mix 808 S. Plain St. L. W. Bacorn & C. Wood Estate 323 W. State St. S & M Carey 331 S. Titus Ave. 4 4 .6 4 6 4 6 4 6 4 4 6 4 4 4 4 6 4 6 4 4 4 4 6 88 110 97 150 50 128 so 144 48 162 85 85 132 18 145 150 80 420 44 115 183 142 20 75 118.80 148 .. 50 1.50.35 202.50 77.50 172.80 75.00 194.40 72.00 218.70 114.75 97.50 198.00 27.00 203.00 210.00 128.00 338. 00 588.00 70.40 658. 40 161. 00 256.20 198.80 28.00 120.00 I~oo Grand Total Sidewalk Assessment Expungement By Alderman Dennis: sec_o.nd-ecfoy Alderman Boothroyd l-'cbruary 4, 197(, 11.38 14.85 15.03 20.25 7.75 17.28 7.50 19.44 7.20 21. 87 11. 48 9.75 19.80 2.70 20.30 21.00 12.80 -3s·.-so 58.80 7.04 65.84 16.10 25.62 19.88 2.80 12.00 14.80- OW.N.lT cos·: ·--- L50 .. (; 163. :5 16S.:5 3~1.7 2r . 1 [ I. ;_ ·3 1tt:.•.,~:.-.o 190.0 8 2. 5 212. 5 213.8 79.2 293.0 240.5 126.2 107.2 233~4 217.8 29.7 223.3 4111!111 2 . o, 1. . 3 -3"~:1r1 646. 8 1 77. 4. 724. 2, 177.11 281. 8: 218. 61 30. 8( 132.0( 162. 8( $4,214.3; LO LO 0 <( <( <( 17 February 4, 1976 35 Bids for New Telephone System B}-;---1\.TZlcrman Dennis: sec·o1idecthy Alderman Slattery RESOLVED, That the Common Council hereby requests the Board of Public Works to solicit bids for a ne,, Telephone System for the City of Ithaca, exclusive of the Fire Department, and BE IT FURTHER RESOLVED, That upon receipt of the bids a.nd recommenda- tion by the Board of Public Works to the Common Council that funds be appropriated for installation of same. Carried Lansing Water Contract By Alderman De~nis: siconded by Alderman Nichols RESOLVED, That Common Council direct theBoard of Public Works to enter into a new water agreement that Council has supported with the Village of Lansing. Carried County Fire Dispatcher Services -Contract By Alderman Dennis: seconded by Alderman Holman RESOLVED, That the Mayor and City Clerk be and they hereby are authorized and directed to execute a contract with the County of Tompkins for County Fire Dispatcher services commencing March 1, 1976 to February 28, 1978. • Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried NEW BUSINESS Seneca Street Parking Ramp Mayor Conley gave a report which explained the payment procedure which tl1e City elected to follow when the Seneca Street Parking Ramp was erected . Mayor Conley stated that U.D.C. is in trouble and is trying to sell their mortgages. The Finance Committee arranged to have representatives from the Bank meet with that Committee to explain the possibilities of buying the mortgage from U.D.C. Mayor Conley stated tha t since t l1e City has t he resources to bond the Seneca Street Ramp, it would save the City future expens es of $2,700,000. U.D.C. has agreed to waive the 3% penalty clause for early purchase, if we purchase it now. Alderman Meyer asked that some figures be prepared for Countil on this project as well as other long term projects being considered -and how buying the Seneca Street Ramp would affect the other projects. Mayor Conley stated that most of the other projected projects have already been included in the Budget. The Mayor agreed to have some figures put to- gether on foreseeable projects and how they would affe:t this decision to buy the Ramp. The Mayor further stated that a decision to buy the Seneca Street Ramp will not affect the Elmira Road project or any other capital projects. The City is in sound financial condition. Djscussion followed. 36 18 February 4, 1976 ', i.! 1 :_i !i;. :_·~,· ·•11), ~: c_c;}.\,·-.:?{-\~~~~J--~!,-~-:'.'~-\.: :~-:.: :,' ! ) ,· -;) ;,,, ~l~· . .T ,r_~ !)X ~ :_:; t~:--; ~ :: ('.-, /_J ~)x .J -'~_!_\__~(;_:_ (\\' .\l.\.: ..... 1 ;11 ::1.n \).l,.\.l t.,. r ) ~ .,t... ...... d11.•.c,_, 1.,1 ,.•_4 _._ 1 ,H ,.-,1 \~(lLt.f t ~. 1_.1 J:!:'.:nLV [D, That Counc:i i_ rcfcJ· che po--;si.hiL.ity o f rczon]ng the :surplus 1,arct.:'1 o f land, b e t,vcen Che s t n ut Stn~ct and Floral Avenue to the i ·l :J nn:i.ng Board ancl the Charter & Orel inance Committee. Carried West Hill Residents ----------------------- A1dcrman Saccucci stated that the West Hill 1·esiclents arc vf..ry concerned ~ ahot1t the possibility of another development in that area. They are 1 very much against it. I Adjournment On a motion the meeting was adjourned into executive session at 10:11 P.M. i ~~I Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:30 P.M. February 25, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberg~t, Holman, Meyer, Nichols, SaccucciJ Slattery, Spano OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro f y Engineer -Cox Youth Bureau Ditettor -Cutia Planning Directbt -Van Cort City Clerk -Rundie l DGE OF ALLEGIANCE 7 0r Conley led all present in the Pledge of Allegiance to the American Flag. MINUTES: By Alderman Spano: seconded by Alderman Boronkay RESOLVED, That the Minutes of the February 4, 1976 meeting be approved as recorded by the City Clerk. LD Carried doMMuNICATIONS FROM THE MAYOR tfnlted Wat Recognition Mi£or Coney reported that the Finance Department had received recognition m the United Way for 100% participation in the United Way fund drive. S cial mention should go to Gerry Sanford who was the loaned executive from t City, who did much of the leg work on the drive. Historic Ithaca Award Mayor Conley announced that he attended a meeting of the Historic Ithaca and received an award on behalf of the City. This award is given in the public sector for architectural improvements which leave a lasting mark on the Community. The award was given specifically for the Commons, which activity has spurred on other architectural improvements. j, ournment Resolution 1-:,)Aiderman Holman: seconded by Alderman Boronkay RESOLVED, That Council adjourn this special meeting with the exception of Budget and Administration Items D (Bond REsolution for Green Street Ramp), and F (Transfer of funds from Parking Reserve Account to capital projects) and to reconvene the meeting of Common Council next Wednesday night at the regular meeting time for purposes of voting on those items which appear on the Agenda tonight. Alderman Holman referred to the Common Council Rules of Procedure passed at the February 4, 1976 -Council meeting Item No. 4, as follows: 4. A copy of all resolutions to be acted upon at the Common Council meeting shall accompany the chairman's report to the City Clerk, and the City Clerk shall attach said resolutions to the Agenda. The legality of all resolutions presented to the Common Council shall be approved by the Attorney for the Ci;ty prior to their submission to the Common Council. Alderman Holman commente.d that since there was no meeting of the Budget and Administration C~.mmittee, and no copies o·f the Resolution were attached to the Agenda, sh~ was making this motion .. Discussion followed on the Council floor. A roll call vote was taken on the motion which resulted as follows: , is -(5) -Aldermen Spano, Holman, Boronkay, Slattery, Meyer 38 CHARTER AND ORDINANCE COMMITTEE T. V. Ca6ie .Commiss1.t>n -re~ort 2 By 1Alderman Slattery: secon ed by Alderman Nichols RESOLVED, that Common Council he'1'eby acknowled£eS ~eceipt of the first report and recommehdations bf tlie Jthaca Advisory Commission on Cable Television and,i~struct~_the City Cie!k to file an approved copy of said report in the official archives of the City of Ithaca. Carried Alderman Sl~ttery requested that the Council move ~n to the Noise Ordinance and refer back to the Cable Television when Dana tliloth,1 Chairman of the Commission; arrives at the meeting. No Council Member objected. Noi~e Ordi°nance By Alderman ~lattery: se~on~d~ by Alderman Sa~tuc~i ORDINANCE NO. 76-3 AN ORDINANCE ADDING CHAPTER 68 ENTITLED "NOISE" TO THE t!ITY OF ITHACA MUNICIPAL CODE. BE lT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New YQrk, as follows: Section 1. That a new Chapter to be· known and designated as Chapter 68 entitled "No:i.se" is hel'.eby added to the City of Ithaca MLinicipal Code to read as follows: 68.1 Title CHAPTER 68 NOISE ARTICLE 1 GENERAL PROVISIONS This Chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance. 11 68.2 Purpose The purpose of this Chapter is to prevent the making, creation or main- tenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are a detriment to public health, peace, welfare, or good order. 68.3 Definitions Unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined as follows: 1. "Ambient noise" shall mean the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far. 2. "Emergency work" shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. • -, J ~ u .1 j:; 3. "Motor vehicles" shall include. but not be limited to, mini-bikes and go-carts, automobiles, trucks and any other vehicle as defined by the Vehicle 1""""': 3 February 25, 1976 f 5. "Sound truck" shall mea~ any motor vehipl_e, or any other vehicle re- gardless of motive power, wh_~~her-in motio __ , ... _fr_"~':t • ~tation~ry, having mounted thereon, or attached thereto; a•y sound·a9Jlfy1ng equipment. 39 6. "Commercial purpose" shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attf'acting the attention of the public to or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or ev_ent, or for the purpose of demonstrating any such sound equipment. ~ "Noncommercial purpose" shall mean the use, operation, o ~ny sound equipment for other than a commercial purpose. p~.pose shall mean and include, but shall not be limited to, political, patriotic, and charitable purpose. or maintenance Noncommercial philanthropic, 8. "Decibel" shall mean a unit for expressing the ratio of two amounts of electric or acoustic power equal to ten times the common logarithm of the power ratio. It is abbreviated db. LO LO ARTICLE II SPECIAL NOISE SOURCES ~.21 Radio, television sets, and similar devices c::I): shall be unlawful for any person within any residential zone as defined i~he Zoning Ordinance of the City of Ithaca to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound (between the hours of 10:00 P.M. of one day and 7:00 A.M. of the following days: Sunday through Thursday; or between 12:00 midnight and 10:00 A.M. on Friday and Saturday) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area. ~.22 Hawkers and peddlers ... t shall be unlawful for any person within the City to sell anything by out- cry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. 68.23 Drums, use restricted It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to any person who is a participant in a school band or duly authorized parade or who has been other- wise duly authorized to engage in such conduct. 68.24 Animals and fowl It ~all be unlawful for any person to keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person a~y animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. 40 4 February 25, 1976 68.27 Vehicle reEairs It shall be unlawful for any persoi,.·a,ittin any p,rdential area of the City to repair, rebuild, or test ~ny motor vehicle (between the hours of 10:00 P.M. of one day and 7:00 A.M. Qf the pext day) in such a manner that a reasonable person of normal sensitiveness te~iding in that area is caused discomfort or annoyance. • 68.28 Operation of motor vehicle It shall be unlawful for any person to opera:te any motor vehicle in such a .-"' manner as to cause the tires thereon to emit a squealing noise so that a reasonable person of normal sensitiveness residing in the area is caused dis-j comfort or annoyance. _., 68.29 Schools, hospitals and churches It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital or "health re- lated facility" which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital or "health related facility," provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church, hospital or health related facility. 68.30 Additional regulations It shall be µnlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited ·- to, the following: The volume of the noise; The intensity of the noise; Whether the nature of the noise is usual or unusual; Whether the origin of the noise is natural or unnatural; The volume and intensity of the background noise, if any; The proximity of the noise to residential sleeping facilities; The nature and zoning of the area within which the noise emanates; The density of the inhabitation of the area within which the noise emanates; The time of the day or night the noise occurs; The duration of the noise; Whether the noise is recurrent, intermittent, or constant; and Whether the noise is produced by a commercial or noncommercial activity. 68.31 Regulations ARTICLE III AMPLIFIED SOUND The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations; noncompliance with which shall con- c:t-it-nt-P ~ vinlat:inn. \ iJ: s February 2 5 , 19 7 6 41 4. It sha.11 be unl.aJllw];--to ope-re-t-e-.an.~ tllftl'lif"ying equipment with two hundred (200) feet of churches, schools_, hospitals, or city or county buildings. 5. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. 6. Persons or groups hiring musicians to perform outdoors shall register their planned event at least 24 hours in advance with the Ithaca Police De-rua.rtment. ARTICLE ,IV VIOLATION AND PENALTY 68.40 Violation Any sound origitta'ting from a stationary property location found to increase the ambient noise level by six (6) decibels at the property line of the property from which the said sound originates will be presumptively considered ffi be a violation of this ordinance.· l.f)Any sound originating from a transient noise source found to increase the ibient noise level by six (6) decibels at the nearest street or property ne to the said transient noise source will be presumptively considered to in violation of this ordinance. <C68.41 Penalty Any person who shall violate any:j:>rov1.s1on of this Chapter shall be punish- able as provided in Section 1.10 of this Code. Section 2. This ordinance shall ,·,take effect ten (10) days after publica- tion of a notice setting forth the title and a brief description hereof or immediately as provided by Section ~33 of the Town Law as amended by Chapter ·~o of the City of Ithaca Municipal Code. Discussion followed on Council floor. A vote was taken on the motion which resulted as follows: BUDGET AND ADMINISTRATION COMMITTEE Southside Center Carried Mayor Conley explained the bids which were received on the Southside Construc- tion Project, which totaled $123,496.37. This includes a special line to the fire station for fire detection. Architectural fees and related expenses will bring the construction total to $141,500. The Superintendent of Public Works has applied a contingency of 10% to the construction budget for a total of $155,600. L~oyd Street of the Southside Center Board, appeared before Council to e~plain the fund raising program to raise money for the Southside Construction. In the ftrst two weeks of its existence the amount of $3,000. was deposited into the bank. Resolution = Alderman. G~t~~berger: seconded by Alderman Holman 42 6 Februarr 25, 1916 February 23, 1976 The Community Access Interest Group would like to t.a.ke this opportunity to recognize the high calibre of work shown by the Cam~ittee on T.V. Cable Television. Their report exemplifies, in our opinio.n, a significant amount of research and fact-finding followed by hours o~ a~similation and delibera- tion. We appreciate the fact that they were able t6 devote so much time and energy to a study of some aspects of the local C~ble, Teleyisioh System in its relationship to the people and the local government of Ithaca. We. lieart- ily support this Committee's work and look ,£orwat'd to seeing more examples of its work in the future. We support Common Council's decision to form the Committee on Cable Televi- sion. Without a doubt it would have been impossible for Common Council or its Committees to have put substantial time into" analyzing the rate increase and related matters due to the busy schedules of the members ahd diverse topics needing consideration by these bodi~s.( W~ dd . feel, however, that a larger matter is at hand in this is~u~r :that m~ttet is regulation and the public's interest of a local business iwhich is nbt only monopolistic but which also happens to control one of the most p~rvhsive and influential communica- tion media existing today, namely, television. Handling of this issue today has been quite open and sound and we ~ppl•ud that, C.A.I.G. endorses the re- port of the Committee in general. Sp~ci£ita11y we .wish to commend the Com- mittee for including Section 5, Part D -Ftahchise Responsibility to Provide Community Access to Cable Television. We would str,~1gly tmcourage Charter & Ordinance Committee to follow this recommehdatidn ahd adl to the Cerr::cche Television Corp. Franchise a statement mandating thgt the Cable Company pro- vide television time on a demand basis up to the fti11 use of one of the system's channels and provide basic production equipment fot _use By the public. By adding this requirement to the Franchise the City officiglly will be giving l~cal support to !he recently passed FCC rule ~hich r~qu~re C!ble systems with 3,500 subscribers or more to make cable time available without cost and to make equipment available at a minimum cost. The FCC implemented this rule because they had determined that such compliahce wotild not significantly affect the profits of the cable system with 3,500 subscribers ot more. Since the Cerrache Cable System has nearly 4-1/2 times more sijbscrtbers then the ._ minimum set by the FCC, it certainly should not seriously affect the system's profits to provide public access in accordance with the FCC rule. ..., We feel it would be extremely healthy and constructive at this time that . recognition and an indication of support of new developments in cable related matters be given dfficials of Ithaca's local government. We wish to thank the Charter & Ordinance Committee for giving us this opportunity to express our views. If we may be of any assistance in this or related matters, please do not hesitate to call on us. /s/ Linda L. Hillmond Linda J. Camp Peter Hess Margaret Hampton Alderman Slattery quoted Mr. Wiggins, attorney for Ceracche Television Corp. as stating that in response to the Cable Television report the Ceracche Tele- vision Company is ready, willing and able to comply with all rules, regula- tions and policy statements of the FCC. The Company will be pleased to re- view the details of Community Access with the Committee and arrive at a mutual acceptable Community Access plan of action. Attorney Walter Wiggins appeared before Council to express his concern relative to the resolutions which the Cable Commission has brought before Council. Attorney Wiggins stated that he was not in agreement with the April 30, 1977 deadline for the $1.00 rate increase. Mr. Wiggins also objected to the annual audit at the 7 February 25, 19~ State Cable Commission 111 eventually require audits and reco'IIDlle.nds 't'h&t .. -liu:al. areas c~nsi4~f requiri1 :I \n. audit. After discussion ori ihJ fl~~r and several frien41y amen4~nts ,4ded, th~ following resolution l1lS presented to "Cpuncil; : ' ' • "' '". • ~ ! ! ; • . !~ 11; ' ' • •• • ~;:;• Resolution By Aldetina.n Slattery: seconded by Alderman Saccucci BE IT ENACTED BY T~a COMMON COUNCIL that the one dollar ($1.00) temporary rate increase granted to the Ceracche Television Corporation under the terms 1-f the franchise agreement is hereby granted. : : •• ~• I : ! • , , .,, . ' ,,.-• : : '.: •' ' l: t' ;:• :( : • : '•-~ t • , -E 1T fQRJ~ER ENACTED BY T~E COMMON GOQ~~fL that the City Attorney t~ in~truc- .ed to prepare a one percent increa.s~ in 'the franchise tax payable b)"' ff}~. ..;. Ceracch~ T~l~yision:Corp0,f~tion ung,r tije'terms pf th~ fr~pchi$~'agreement =~n!~; t~!~:i:i:~ ~!i!h1nttt:~:is:;ix~hti1~ t~! tt~\~~~~:~ifi;lliif ,~~:c~r~!5.,: 1976 and to remain in effect indefinitely. BE IT FURTHER_ ENACTl!Q, ~X CQ~Ol';. G9UN~H•.'t1J.~t !he C~racche Televi$.t~n,,,Con?Qra- ion j.J ,TrHqfred to ~rpv{de at' it$. gwr ~xpe~~~ -~':14!t~~ ... fil}ai:icial statemen,t! ~~rt. ~ee~!i}g·_a rat! 1.ncr~a.se for use in' determining television rate~_,,~o ,§cL erfuitted lfi the.CJ.!Y qf~Jthaca, ~oa tb~~.Cerijc~h~. T,v. ~~rp. ~e !~ftb~r -~ !quir!d'.. to S~P,ml t . 1i3 im-m~l. (intu-~ftl 'S!~~~~~Pf~, grt~!C?!lll c,a~!e:,c:ommf ~s½e~ <f:a.nancial reports and State and Federal ?ncome Tax returns ana,-any other . <reasonable financial information requested, to the Common Council annually, <fS 'soon thereafter as they may be availa~le. BE IT FURTHER ENACTED BY THE COMMON COUNCIL that the Ithaca Cable Television Advisory Commission is requested to meet with representatives of the Charter and Ordinance Committee and the Ceracche Television Corporation to establish procedures for the implementation of community access television in the ,able system and to recommend a public access policy to the Common Council before April 7, 1976 not to tak~ affect until agreement entered into between City ind Ceracche. 1 .. vote was taken on the motion which resulted as follows: Carried D~~~~Jd~~oC~~1;!~!tI{.PN. -.E~}4MJT:E7 . . ,, . Dy Alaerman Dennis: seconded by Aldel:'man.Nithols· RE~OLVED, That the 19?~ Budget Equipm~nt List be amended to include a metal desk for the Youth Bureau. The price bf said desk not to exceed $65.00. \*i i i-~l ,, I Pitne~-Bowes Postage Machine By AI erman Dennis: seconded by Alderman ~oothr6yd Carried ~SOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with Pitney-Bowel for a postage machine and equipment for a price not to exceed $1,926.07 per 'annum for five years. Carried 1976 City Budget Approval ~y Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That the following sections of the 1976 City Budget as previously adopted be approved: a) Schedule of Positions ~nd Salaries b E ui ment List 44 8 F~bruary 25, 1976 State and County Taxes By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That this Common Council requests the County to extend the tax warrant for the collection of the l~76 State and County taxes to June 1, 1976. l . Carried Commons Flagbole By Aldermanennis: seconded by Alderman Spano RESOLVED, That $1,000 be appropriated for; ~, flagpole for the Ithaca Commo'ns, said funds to be transferred from A.,,1990 Contingencies to A 5410A -250 Ithaca Commons -Other EquipmeJl-t,. ..., Carried 1 Bond Resolution -Green Street _Ram By,: A .... ~rm~r enn1.s: secon e y erman Boothroyd W!JI;RB4.S., bt \lppd r~~Q!ution dated September 12, 1973, the Common Council° of the City__qf Jihaca, Tompkins County, New York, authorized the issuance of $2,185,000 serial bonds and the approprt11;Jon ~ml.._~~p~n~_iture of $115,000 ~t~i!pi~f~W1tet~i~:!ehtP.t!;p~;a~~~n c~-~t aRtu~~Ic 'i:~i~!:i~:cfI~:y t~~c~::d y~~k t~~north side of East Green Street; and • .• t·' . ' -":• -· _._ 1 , W.Hmt·:··:.,~ .. :i§,J,.;Jt Iii~ ng~ been .4~t~r~i~i4.· ··t.·hat a.:•nk;gcJit'~~~~i . $70,0QO. will be q~~d~d -·~r sµch . purpose; and ·' ' • •• •• ,. :_ • •., . _ : .• • : :, • • • • ,, ~f· ':~ •: ·.-•<:..,.: :.: __ . }':"-~ ... , :~; ,. ;.•, -~->~ :»-•-a, •'•I·, • t ' •.:,.-WaEREAS, 'it i.,s ,m>w desired to authorize the appropriation and expenditure of r·,_,1 $70,.;().QO. availatrle current funds of the City of Ithaca for such purpose, ~ ' .. ., l (." > j ,·:, • i .• NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca, '\ .... 'i'~mpkins County, New York, as follows: ' '_.~. • j ~ ✓• .. ; • 1 •• ·'s.ect'ion 1. The expenditure of an additional $70,000 to be appropriated there- for:,from available current funds for the purpose of paying additional costs ~ of the as:quisit_j.on of a certain public parking facility, more fully des-··! eribed in th~ pre,.ambles hereof, is hereby authorized . . -. -. " . §rcy~~lj} • 'rfr~;;. ff;'~~}!-Jti~n . sll'-~l t~k,~ J~ft~~t iJ!Wle.1.H~t~ly. ,.. .. -'. ,. , ' . .:. . ; . ··'-. -·, ' . ' A roll call vote was taken as follows: Ayes -(10) -Aldermen Saccucci, Slattery, H9lman, Boronkay, Dennis, . _/': • u ·. -~qf~n~~r~~r,_ ~ey~r, Nic,f!olst Bpqihroyd, Spano .. Transfer of :, : Carried y erman enn1.s: secon e y erman Spano RESOLVED, That $70,000 be transferred from Parking Capital Reserve Account #14 to Capital Project Ramp Garage· Account. :iJ ... ,,,i, .,, · 9 -t<~.• ··.·i• .. ~---..... Carried .t t1-•· ,. '. Bonding for Seneca Street Garage 0 a :t Qy .Ald~rman Dennis: seconded by Alder~an Spano RESOLVED, That the .City Controller be and he is hereby authorized and directed to request Bond Counsel to prepare a Bond resolution for the Seneca Street Garage for $1,650,000. Mayor Conley explained the suggested bonding for the purchase of the Seneca ~tnwt. Ramp , J~d , bJs _ r~commendations. Controller Daley answered several <Hi~~f,fQP~. Jr¢m tb~ .(J9Qf ;· . t11x9r C~:m}~X ,f~H~ wi tJ1drew h~s previ<;>us request fo.r ~,}~s_.:.,~Iltt.~tt?-&~t -~~ ~~ ~Rr~ad ov~r a 14 month per1.od of t1.me. 9 Transfer of funds for Urban Renewal Land AEgyisition By Alderman Dennis: seconded by Alderman Boothroyd February 25, 1976 45 RESOLVED, that $40,000. be transferred from Parking Capital Reserve Account # 14 to Capital Project Urban Renewal Land Acquisition. Carried ~djournment n a motion the meeting was adjourned at 11:55 P.M. LD LD 0 <( <( <( Jos_e,ph A. {Rundle, City Clerk 1 Edward J. Con14;y, Mayor // / 46 · · .Regular .Meeting PRESENT: Mayor -Conley COMMON COUN~s-· City of Ithaca, New York 7:30 P.M. March 3, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro Deputy Building Commissioner -Jones Police Chief -Herson PLEDGE OF ALLEGIANCE Planning Director -Van Cort Asst. Fire Chief -Sanford City Clerk -Rundle Mayor Conley led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA Alderman Saccucci requested to make a report on the S.P.C.A. Alderman Spano requested to make a report from the B.P.W. meeting. Alderman Dennis requested to make a report from the Urban Renewal Agency. Alderman Boothroyd requested a report from the Superintendent on the Fall Creek High Water situation. No Council member objected. PERSONS APPEARING BEFORE COUNCIL CHARTER AND ORDINANCE COMMITTEE Omnibus Human Rights Bill Resolution By Alderman Slattery: seconded by Alderman Saccucci WHEREAS, the Common Council has referred a proposed Omnibus Human Rights bill to the Charter and Ordinance Committee for its consideration and recommendation and after lengthy deliberation at an open Common Coun- cil meeting and WHEREAS, the Charter and Ordinance Committee members have given this matter their careful attention after two further public meetings and WHEREAS, the City Attorney has advised the committee of the impropriety of enacting such legislation, NOW, THEREFORE, BE IT RESOLVED, That the Omnibus Human Rights bill not be adopted. The following people appeared before Council and spoke in favor of the passage of the Omnibus Human Rights Bill: Anne Bodman, Investigator for the Human Rights Commission 206 N. Cayuga Street, Ithaca, New York Lynn Taylor, 306 E. State Street, Ithaca, N.Y. Rev. John Taylor, 207 Winston Drive, Ithaca, N.Y. Jules Burgevin, Ithaca College 0 LO LO 0 <X <:( <X 47 2 March 3, 1976 I understand that the Council is going to reconsider the Omnibus Human Rights Bill this week. I would like to express my support for this bill, since I believe it represents a logical and realistic step in recogniz- ing and rectifying out-moded and inequitable statutes. Yours truly, /s/ Allyn B. Ley, M.D. From the Lutheran Assn. of Ithaca: Mayor Edward Conley and Members of the Common Council City Hall Ithaca Dear Mayor and Members of the Common Council: I want to register my approval of the Omnibus Human Rights Bill now before the Common Council and urge its passage. Sincerely yours, /s/ Warren Strickler, Pastor From June M. Fessenden-Raden Honorable Mayor Edward Conley City Hall 108 East Green Street Ithaca, New York 148S0 Dear Mayor Conley: It has come to my attention that the Common Council is considering the Omnibus Human Rights Bill, that would disallow disc~imination on the basis of a person's sexual orientation. We are presently in an era when discrimination due to race, religious preference, or sex is gradually being eliminated. It would seem most proper that we also cease to discriminate against someone with a dif- ferent sexual orientation. No individual should be denied credit, employment, educational opportunities, housing, etc., if he has the means or abilities. Therefore, I would strongly urge the Common Council to pass the Omnibus Human Rights Bill, with the hope that soon all forms of discrimination will end. Sincerely yours, /s/ June M. Fessenden-Raden From David J. Lewis: Hon. Mayor Edward Conley Common Council Chambers City Hall, Ithaca, N.Y. Dear Mayor Conley: 48 The Honorable Edward Conley City Hall Ithaca, New York 14850 Dear Mayor Conley, 3 March 3, 1976 As an individual I feel that it is improper for any person to be denied public accommodations, credit, employment, housing, or edu- cational opportunities for any reason. I strongly urge you and the Common Council to pass the omnibus Human Rights Bill or some similar local ordinance as soon as possible. Signed: John L. Hibbett, 416 W. Buffalo St., Apt. #1, Ithaca, N.Y. Donald Scanlon, 320 Elm Street, Ithaca, N.Y. 14850 Michell J. Ellis, 306 Eddy St., Ithaca, N.Y. 14850 Mrs. E. Morrissette, 140 Bundy Road, Ithaca, N.Y. 14850 Jacinta Wildman, 506 South Albany St., Ithaca, N.Y. 14850 Alderman Slattery read the following letter from Robert I. Williamson, County Attorney: Ms. Anne Bodman Commission of Human Rights Tompkins County Court House Ithaca, New York Dear Ms. Bodman: Re: City Human Rights Ordinance I have reviewed your letter of February 18th and the City Attorney's opinion on the Human Rights Ordinance for the City of Ithaca. You are aware that the State Human Rights Law in no way protects indi- viduals from discrimination on the basis of sexual orientation, etc. Neither, of course, does federal legislation cover this subject. Indeed, the Penal Law of the State continues to classify consensual sodomy as a crime. We are, therefore, faced first with a question as to whether or not the proposed ordinance is even legally possible of enactment and enforceability. In this regard, I agree with the conclusion of Attorney Shapiro. If, in fact, such an ordinance is legal, it is absolutely impossible for the City of Ithaca to legislate that the County Human Rights Commission do anything concerning the enforcement of the ordinance or investigation of complaints. In other words, the basic rule is that no city ordinance can dictate what a County Board shall do. If the city ordinance is adop- ted and its legality upheld, then, even in that event, the most that the Commission could do would be to voluntarily offer its assistance regard- ing the discriminatory practices complained of. Rather than proceed with this local bill, the tremely doubtful, it would be my opinion that legislation at all governing this matter that level. Very truly yours, /s/ Robert I. Williamson legality of which is ex- if there is to be any it be on a state or federal LO LO 0 <( <( <( 4 March 3, 1976 passage of the bill might entail. You mentioned the enforcement pro- posal, and I feel that any problems there have been taken care of with the creation of an ad hoc committee which, will not be dependent upon 49 the Tomp. Co. Human Rights Comm., although it will have the option to work with the Comm. So far no city governmental agencies have come forward with ideas for the inner workings of this committee, but it is set up much the same as other committees of its nature (i.e. housing and zoning committees, and any other governmental areas which do not have custom on which to base their working mechanism.) It has also been mentioned that the bill is in conflict with the state sodomy statute. Reasoning of this nature is spurious, indeed, considering the facts that; many homosexuals are not sodomists, also no person can be considered guilty of sodomy unless they are first arrested, tried, and convicted of sodomy, and lastly it would make very little sense to say that the rights of homosexuals cannot be protected because they may possibly engage in sodomous conduct since recent studies show that somewhere near 81% of all women under 25 years of age have engaged in this illegal activity, and the percentage of men must necessarily be higher. This type of logic would also mean that heterosexual males, who make up, by far, the largest percentage of rapists, and violent sexual offenders, should not have their Constitutional rights defended. An anti-discri,:.ination ordinance has nothing, whatsoever, to do with sexual conduct. Right or wrong, any laws concerning sexual conduct would remain exactly as they currently are. People have also mentioned the ability of the city to take care of added complaints which would go through the city court system. The current Human Rights Law maintains the option for any petitioner to take her/his case directly through the court system, so the courts might have to handle this type of case anyway. Having set up a mediating board to attempt to keep cases from going to court in the first place, I think it then becomes the obligation of the city to pay for the due protection of its citizens who pay the taxes which support that government in the first place, which is what this bill is all about. Though, politically, this may not be a popular ordinance to deal with,· it must be dealt with, and people must start on a personal level. Saying that it is up to the state or federal government to pass it is simply passing the buck. Each municipality has different ordinances, each of which end at the city limit. In other words we will always be faced by moving from one set of legalities to another between municipalities, there is no real reason why this ordinance should be in a class by itself. I hope that you will deal with this issue fairly and with your conscience when the time comes to do so. Thank you sincerely, /s/ Lynne Taylor for Ithaca Gay People's Center Alderman Nichols read the following letter from the Director of the Women's Division of the State of New York, Mary Burke Nicholas: Dear Dr. Nichols: Thank you for your recent communication in support of legislation to bar discrimination on the basis of sexual nreferP.nc.e . MPmhPr~ n~ mv ~~~FF 50 5 March 3, 1976 By Alderman Meyer: seconded by Alder111an Dennis ltESOLVED, That the resolution on the floor be tabled for one or two months, for clarification of the issues. Ayes -(2) -Aldermen Meyer, Dennis Nays -(8) -Aldermen Boothroyd, Spano, Nichols, Guteµberger, Boronkay, Slattery, Holman, Saccucci Motion Defeated Alderman Holman spoke in favor of the Omnibus Human Rights Bill. Alderman Saccucci commented that the law would be more effective if it was passed on a State or Federal level. Discussion took place oh the Council floor. A roll call vote was taken on the original resolution which resulted as follows: Ayes -(6) -Aldermen Boronkay, Boothroyd, Saccucci, Slattery, Spano and Gutenberger I Nay -(4) -Aldermen Dennis, Meyer, Holman and Nichols Carried Community Access Intere.st Group Al4erman Slaitery read the following letter from the Community Access Interest Group Steering Committee: February 25, 1976 Dear Friends, In accordance with the new FCC regulations, time on local cable tele-w11r• vision is now available to any person or organization wishing to convey information to the community. Because this opportunity is new to Ithaca, many questions arise about the best way to use the available time. The Community Access Interest Group is offering a series of forums to provide such information, with, each meeting focused on a single broad area of commu~ity interest, i.e., education, religion, social service, the ~rts, public health, and others. The forum on the use of public access tim~. by educational organizations will be held on Monday, March 8th, at 7:30 P.M. in Room E-26, Ithaca High School. (Please use the Lake Street entrance and parking lot.)· The open discussion group will include representatives from Au~urn High School and the Auburn cable system, Board of Cooperative Educational Services, Cornell University, Tompkins-Cortland Community College, and members of the community who are active in video prod\Jction. Anyone who is interested in the educational aspects of public access television is invited ~o attend. If you have any questions, plea~e feel free to call us at 272-8818 {Peter Hess). LD LD 0 <( <( <( 6 March 3, 1976 CITY CONTROLLER'S REPORT City Controller Daley reported that the 1975 Annual Report has been distributed to the Aldermen at this Council meeting. Asst. Controller Spano was commended for doing an outstanding job on the report. Resolution By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That this Common Council acknowledges receipt of the 1975 Annual Controller's Report. Carried FIRE CHIEF'S REPORT By Alderman Slattery: seconded by Alderman Holman RESOLVED, That this Common Council acknowledges receipt of the 1975 Fire Chief's Annual Report. Carried CITY ATTORNEY'S REPORT Pursuant to Council's authorization at the Febrvqry r-')e'ting, City Attorney Shapiro reported that he settled, on b , ',:1.lf of the City of Ithaca, the case of the City of Ithaca vs. Kerr -which involv~d the police officer, for 100¢ on the dollar, so we received every dollar that it cost the City up through the date of the settlement -$16,000. plus some odd dollars. 51 City Attorney Shapiro also reported that he is pleased to announce tifficially to Council that the Green Street Ramp did close last week and the documents were recorded and the figure of money that was paid was the upset price -not a penny more, plus the UDC fees which were in the contract plus the change-orders which we had ordered. Attorney Shapiro also reported that there is a barricade up around the parking ramp since the City was losing between $100. and $150. per day in parking fees. Six-Month Extension for Caldwell Mayor Conley reported that the news media reported. that there is a six- month delay in the Caldwell project. That is absolutely not true. The actual situation was that Caldwell was granted a six-month extension. This extension was because of the delays in the closings and the Caldwell Project couldn't proceed until after that Green Street Ramp closing. Collegetown Parking Lot Mayor Conley responded to a question about the Collegetown Parking Lot - that it will proceed as soon as U.D.C. can go over the records. HUMAN SERVICE COMMITTEE Change in the Police Grievance Procedure Alderman Boothroyd reported that he was making a very small change in the Police Grievance Procedure which was requested by the ~olice Commis- sioners, if his Committee agreed to the change. The present procedure does not require complainants to swear their statements before a Notary Public. A couple of times compiainants have gotten into trouble because this particular sentence was not included in the grievance procedure. Alderman Boothroyd read it as it is now and as it is the way the Police Commissioners want it. This is on the presentation of the grievance. 52 7 March 3, 1976 ice De~artment Requests ~- .n.-.erman Boothroyd reported that he has received the following three (11 letters from Police Chief Herson: Department of Po1ice . City :of lthaca; New York HQnorable Mayor Edward Conley & Chairman of Budget and Finance Committee City Hall Ithaca, New York Dear Sir: 24 February 197ff ·• Re: Radio Equipment Motorola Standardization It is hereby the recommendation of the undersigned that the City iof Ithaca standardize on Motorola Radio Equipment for the Police Department. In order to accomplish this, it is necessary for Common Council to pass a resolution adopting Motorola as the standard of equipment. This process does not eliminate bidding, but it does limit th'."' typ.;;•3 of equipment which may be bid upon. RESOLVED, That it is in the best interests of the City of Ithaca to stand- ardize to Motorola Radio equipment, for use in the Ithaca Police Depart- ment as follows: a. The Police Department now has all Motorola Radio Equipment and Radio Console. b. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. ·J • ( Labor cost for maintenance and service of a standard type of ·equipment will be less than if requ~Ted to service several differ.ent types. i . ; d. Present Motorola Radio equipment has been satisfacto•ry to. the uses of the Police Department. e.,: Standardization provides the need for only one service contract for its entire radio -system, whereas additional contractual :agreements .would be required for other~ypes of radio equipment. IT IS FURTHER RESOLVED, That: the Common Council be requested to adopt Motorola Radio equipment as the standard radio equipment to be used by the Ithaca Police Department:, said to be purchased and used by the City of Ithaca in the year 1976. Respectfully: /s/ J.M. Herson -Chief of Police Honorable M~yor Edward Conl:~y· 6 Chairman of the Budget & Finance Committee City Hall • 1. 1 'i . I LD LD 0 <( <( <( 53 8 March 3, 1976. Re: Voice Scrambler Equipment Controlonics Equipment Dear Sirs: It is hereby the recommendation of the undersigned that the City of Ithaca standardize on Controlonics Voice Scrambler radio equipment for use by the Police Department of the City of Ithaca, New York. It is re- quested that this authorization be for the period of the 1976 Budget, as adopted. This process does not eliminate bidding, but it does limit the types of equipment which may be bid upon. WHEREAS, This Common Council has been requested by the City of Itha't':a Police Department to standardize on Controlonics voice equipment, a·s j:he type of equipment to be used in the City of Ithaca in this year 1976, and to authorize the City of Ithaca to advertize for bids and' purcliase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, It is deemed to be in the best interest of the City of Ithaca for reasons of efficiency, compatability, and economics to approve such· standardiza- tion for the following reasons; a) The City Police Department presently has Controlcnics Voice Scrambler equipment, partially installed in the mobile units. b) Compatability is not possible with other brands of Voice Scrambling equipment. c) The cost of maintenance, parts, and service will be less than if different types of equipment were being used. IT IS FURTHER RESOLVED: That, pursuant to subdivision S, Section 103 of the General Municipal Law of the State of New York, The Common Council of the City of Ithaca hereby authorizes the standardization of Control- onics equipment, as the type of such equipment to be used in the Police Department, in this year 1976, and that the City be authorized to adver-. tise for bids thereon and include such limitations in the advertisemen~. Respectfully; /s/ James M. Herson -Chief of Police Honorable Mayor Edward Conley & Chairman of the Budget and Finance Committee City Hall Ithaca, New York Re: Motor Scooter Equipment Standardization Dear Sirs: It is hereby the reco111J11endation of the under.igned that the City of Ithaca standardize on Cu~hman -3 wheel motorscooters -for use by the Police Department of the City of Ithaca, New York. It is requested that this authorization be for the period of the 1976 Budget, as adopted. This process does not eliminate bidding, but it does limit the types of equipment which may be bid upon. 54 9 March 3, 1976 IT IS FURTHER RESOLVED: That, pursuant to subdivision 5, of Section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca hereby authorizes the standardization of the Cush- man Scooters as the type of such equipment to be used in the Meter Divi- sion in this year 1976, and that the City be authorized to advertise for bids thereon and include such limitations in the advertisement. Respectfully; /s/ James M. Herson -Chief of Police City Clerk Ruqdle stated that the Centralized Purchasing has not been contacted cp~cerning the ordering of this equipment. Discussion followed. Resolution By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, That the three requests received from Police Chief Herson be referred to the Budget and Administration Committee with power to act on behalf of the Council. Carried Change in Youth Bureau Fees Alderman Boothroyd reported that he and Alderman Dennis recently attended a Youth Bureau Advisory Committee meeting. A recommendation was brought before the Youth Bureau Advisory Council to institute a system of split fees as far as the Youth Bureau Programs are concerned. One fee would be set for the City of Ithaca and the Town of Ithaca and another fee would be set for anybody living outside of the town or city. This matter will be corning before Council very shortly. BUDGET AND ADMINISTRATION COMMITTEE Administrative Secretary -Plannin~ Department By Alderman Dennis: seconded by Al errnan Gutenberger RESOLVED, That there is hereby created a position of AdrninistTative Secretary for the Planning Department. Carried S ace for Bicentennial Commission y 1 errnan ennis: secon e y Alderman Spano RESOLVED, That the City of Ithaca enter into an agreement for the rental of space on the second floor of 224 E. State Street, at a rental of $60.00 a month for a period terminating in August 1976. Alderman Nichols reported that the Bicentennial Commission was given $600.00 in the 1976 Budget for their expenses. $427.96 has already been spent which means that this Commission has $172.04 for the rest of the year. Alderman Nichols further reported that the Finance Department has a plan on the drawing board to create offic~ space on the 3rd floor. They will provide 2 desks, telephone, secretarial and filing services to the Bicentennial Commission. • Alderman Nichols requested that this resolution be withdrawn from the floor. LD LD 0 <( <( <:t: March 3, 1976 ENVIRONMENTAL COMMISSION 1975 Annual Report Alderman Holman stat~d that the 1975 Annual Report of the Environmental Commission was on each Alderman's desk. By Alderman Holman: seconded by Alderman Slattery RESOLVED, That this Common Council acknowledges receipt of the 1975 Environmental Commission's report. Carried 55 Alderman Meyer stated that the Environmental Commission should be commend~J because they have moved from the dubious position of a few years ago, to a meaningful position in that they have brought out a number of things which have an affect on the quality of life in Ithaca. They have moved : into an action oriented committee and Alderman Meyer hopes they will con- tinue to receive support. Resolution By Alderman Holman: seconded by Alderman Slattery ~ESOLVED, That Council recognize the Environmental Commission's efforts .aring the past year and send a letter in the fc-~ n~ ~he commendation for their work and the annual report. Carried PLANNING AND DEVELOPMENT COMMITTEE Colle~etown Improvement Project By Al erman Gutenberger: seconded by Alderman D !1nis WHER.EAS, this Common Council has previously established a Collegetown Improvement Project, and WHEREAS, the Department of Planning and Development, in cooperation with area residents, merchants and property owners, has completed design of Phase I of the project, scheduled for implementation in the 1976 construc- tion season, NOW, THEREFORE, BE IT RESOLVED, That this Council accepts the Phase I design, and BE IT FURTHER RESOLVED, That the Board of Public Works be directed to implement Phase I within the limits of the Budget allocation, and BE IT STILL FURTHER RESOLVED, That the City Attorney be directed to negotiate a lease with Cornell University in order to make said improvements. Director of Planning Van Cort explained to Council why a lease was needed with Cornell University. No money will be involved. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried B-1 Study Alderman Gutenberger commented that the B-1 Study will be discussed at th~ Committee's next regular meeting. 56 11 Marc;h 3, 1976 the pos,sibility of having B.E.C. work for the management of solving waste ~roblems at local levels. The B.E.C. was very receptive and the Conference of Mayors were very supportive, so hopefully progress ;will be made in this area. Alderman Meyer stated that an 1i page _report. has '.'been given-to Mayor' Conley. ''She also stated that she would have copies of the report made for the Aldermen. NEW BUSINESS Hockey Team to Sweden and Finland Alderman Boothroyd explained that tqe high school hockey team is travel- ing to Finland and Sw~den to play s,veral foreign hockey t~ams. They, and thei-r backers have· raised over 4.alf of the money neede~ for the trip ..... , Alderman Boothroyd reque~ted that Council recognize their ~£forts and to wish the~ well. • Mayor Conley s.tated that he would like to issue a proclamation on behalf of th~ Mayor and Council, recognizing their efforts. Mayor Conley also mentic;med that the . team. w-illbe .meeting wi'.t,h the Mayors of;the v~rio~s cities as well as have an audience with the l<ing of Sweden. He wil}.send keys of our city to be presented to dignitaries they _~eet. Resolution By Alderman Boothroyd: seconded by Alderman Boronkay RESOLVED, That Council approve the issuance of a Proclamation on behalf of the Mayor and Council recognizing the efforts of the Ithaca Hockey Team. Carried Urban Renewal Agency Report Alderman Dennis reported that the following items were discussed at a recent meeting of the Urban Renewal Agency: 1. Changing the name of the Caldwell Development Corp. to the Ithaca Development Properties. Reason for the change: Cal.dwell Corp. is now going into a joint venture with Woodway Realty and they call their new Corporation "Ithaca Properties, Inc.". 2. Urban Renewal close-out. 3. Community Development Committee resolved that $150,000 be set aside for the total development cost of the Southside center and be taken from Community facilities line of Community Development Funds. Passed. 4. Examination of the By-laws of the Agency. Further work will be done in that area. 5. Affirmative Action. Mr. Dingman will be directed to inform contrac- tors of the affirmative action regulations when he awards contracts. It was decided to check with the City Attorney before voting on that resolu- tion. 6. Health Facility. Does the City want to get involved with Cornell University Health Facility? 7. Changing the present program year from 5/27 to 5/31. _,., LO LO 0 <I: <I: <I: 12 March 3, 1976 This information is forwarded to the Common Council in response to its request for a comprehensive study of street lighting in the area. Discussion followed on the Council floor. Resolution By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, Th3;t the above Board of Public Works resolution on West Hill Lighting needs, be referred to the Budget and Administrative Committee. Carried S.P.C.A. Alderman Saccucci reported that an ad hoc Committee Meeting was held 57 which was attended by the Sheriff's Department, The State Department of Environmental Conservation officers, the S.P.C.A. representatives: Alder- man Sac~ucci for the City and Mrs. Beverly Livesey from the County Board. The meeting was held 2/12/76 at the Tompkins County Court House to discuss how best to control unleashed dogs in Tompkins County. Results of the meeting: 1. The S.P.C.A. is authorized to pick up all dogs a, large, 1~~~nsed or unlicensed and to respond to calls reporting dog bites, to sei~d the dog if it is in the area.· If the dog leaves the area the S.P.C.A. will immediately notify a law enforcement officer. 2. Calls outside of the S.P.C.A. working hours will be answered on an answering service. If an emergency, an employee will be dispatched. 3. S.P.C.A. is empowered to enforce the leash law in the city only and are not authorized to enter a house and seize a dog -only if the dog is unlicensed and only S. P. C .. A. employees who are designated as dog wardens. 4. More effective dog control is possible if the D.E.C. and the S.P.C.A. will increase communication with each other. The S.P.C.A. is consider- ing the purchase of iadio equipment for mobile units. S. It is possible that the contract will Qe changed to clarify the S.P.C.A. role in the enforcement of the night quarantine of dogs which is presently in effect. An enforcement of a 24 hour quarantine which is awaiting state approval. 6. The Total Contract with the S.P.C.A. is $56,726. $27,053 is the County's share. $17,173, the City's share. The rest is from anticipated S.P.C.A. revenue which would amount to $12,500. Alderman Saccucci further reported that the City will receive the best possible service in return for their $17,173. Discussion followed on the Council floor. Rubbish Receptacles -Fall Creek Area Alderman Boothroyd requested that 55 gallon drums be placed at strategic places in the Fall Creek area so that the many visitors will have some place to deposit their rubbish. Mayor Conley agreed to talk with Super- intendent Dingman about this request. Tomnkins Countv Area Industrial Development Agency 58 13 March 3, 1976 ditures can only be signed by Ci~y Employees or members of Common Council. Carried Fall Creek ·High Water Problem Alderman Boothroyd requested a report on progress made to date regardiul: the high water problem in Fall Creek. Mayor Conley stated that he would request this information from the Superintendent of Public Works and will get back to Council with it. ' Pet Shop in'Residential Zone Alderman Slattery stated that he has been receiving phone calls concerning the establishment 6f ~_Pet.Shop in a home on North Albany Street. The neighbors\ are very concerned. • •.·, ' City Attorney Shapiro advisid that he has al.ready been consulted on the Pet Shop and that it comes under a home occupation, therefore i_1; isn't against the zoning laws. Traffic Light at Cascadilla and Meadow Streets Alderman Saccucci requested a report on the status of this Traffic Lighr project. Mayor Conley reported that he received a letter from the State D.O.T. which,concurred with their previous decision on the intersection, namely, that there isn't enough traffic to warrant a traffic light. Mayor Conley will write again to the State Transportation Department explaining that the .local res~dents do not use the intersection because of the dangers plus the industries which are now locating .in the area make a traffic light a necessity. Group .. -Homes Alderman Boothroyd_' questioned the need for Group Homes in the residential areas.· In one in~tance 94 permanent residents who live within 200' of a proposed group home, expressed their disapproval of it. It was sug- gested that this matter be referred to the Charter and Ordinance Committe4,t. Day Care and Child Development Council of Tompkins County, Inc. Mayor Conley sent a copy of a letter received from Gay Dobson, Director IACC Day Care Center and June Rogers, Executive Director Day Care and. Child Development Council of Tompkins County, to the members of Council. He stated that he hoped to receive Council's approval. It has been referred to Commissioner Stein of the Parking, Traffic and TTansit Com- mittee, to be studied by the Board of Public Works. Adjournment On a motion the meeting was adjqurned at 9:52 P.M . . ~•~, ."\-: • I Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:30 P.M. 59 . April 7, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano iTHERS PRESENT: :ity Controller -Daley leputy Fire Chief -Tuckerman ~ity Attorney -Shapiro Planning Director -Van Cort PLEDGE OF ALLEGIANCE City Engineer -Cox Deputy Building Comm. -Jones Police Chief -Herson City Clerk -Rundle Mayor Conley led all present in the Pledge of Allegiance to the American flag~ INUTES: y erman Boothroyd: seconded by Alderman Boronkay SOLVED, That the Minutes of the February 25, 1976 and March 3, 1976 meet- ngs be approved as recorded by the City Clerk. <C Carried <( <t!OMENT OF · SILENCE -HELEN HENDERSON Mayor Conley asked Council to stand for a moment of silent prayer in memory of Helen Henderson, recently deceased, who served with many of the present Aldermen. ADDITIONS TO THE AGENDA: Plannin and Develo ment Committee _requeste t e addition of some Old Business concerning ~he sale of the Hancock Street property. ~ Council member objected. Budget and Administration Committee Alderman Dennis requested the addition of a resolution that would permit the Police Department to purchase a Breathalyzer. No Council member objected. • PETITIONS AND HEARING OF PERSONS BEFORE COUNCIL William Sullivan, 417 N. Aurora Street appeared before Council B-1 Rezoning in which Mr. Sullivan was interested was scheduled near the end of the Agenda. Mayor Conley requested Council to deal with it first on the Agenda, since Mr. Sullivan was present at this meeting and wished to address Council. Mr. Sullivan commented on several points of the B•l Rezoning. Discussion followed on the Council floor. Resolution By Alderman Slattery: se~onded by Alderman Saccucci RESOLVED, That the matter of B-1 Rezoning be withdrawn from the Agenda and ·eferred ba~k t~ th7 Charter and Ordinance and Planning and Development 60 - 2 -April 7, 1976 Mayor Conley commented that he has been in contact with the County Administra- tor Murphy and it is agreed that the City should have the opportunity to nego- tiate with the State for a fair and equitable settlement. Mayor Conley further stated that he has contacted eleven (11) other cities who also have the sales tax repayment problem. A few have already made settlement, so there are eight (8) cities left. We have a commitment from the Commissioner of Taxation and Finance in Albany that he will discuss with us the problem and will come up with a solution that will aid all of the cities. A formula will be worked out. Mayor Conley agreed to send a letter to the Town of Dryden explaining the situation. Board of Fire Commissioners -per C. W. Tuckerman, Deputy Fire Chief City Clerk Rundle read the following correspondence from Deputy Fire Chief C. W. Tuckerman: 310 West Green Street March 31, 1976 Common Council City of Ithaca, New York Gentlemen: At a special meeting March 31, 1976 the Board of Fire Commissioners thoroughly discussed the possible purchase of the 1976 Mack Aerial- scope. It was the unanimous opinion of the Board that the immediate purchase of this unit would serve the best interests of both the Fire Depart- ment and the City of Ithaca. ,,,,,.,, ' ! The Board therefore stTongly recommends that the Common Council provid~ the necessary funds for this purchase. Sincerely, /s/ Charles W. Tuckerman Board of Fire Commissioners per C. W. Tuckerman, Deputy Fire Chief Letter from Lynne Taylor fo! the Ithaca Gay People's Center City Clerk Rundle read the following correspondence from Lynne Taylor for Ithaca Gay People's Center: Mayor Edward Conley Members of Common Council City Hall -Green Street Ithaca, New York Dear People, During the debate concerning an Omnibus Human Rights Bill for the city of the Ithaca, on March 3rd of this year, many people mentioned the fact that they were in favor of equal protection for all people and felt that this protec- tion should be instituted on the State or Federal level to be effective. I J ) :I 1 am in total agreement with the idea that such legislation on a higher level would be best, therefore, at this time I would like to ask the Common Council_. of Ithaca. and MAvor r.onlP.v ··-tn ic::c::11,:0 !J ,.-oc:n111~;,..,.. " ..... + ... +"-,. ... + -.t: +t..-.:- 61 3 April 7, 1976 Resolution By Alderman Nichols: seconded by Alderman Holman RESOLVED, That this Common Council hereby requests the New York State Legis- lature and the Congress of the United States to extend and expand human rights for all American citizens. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE ~vatich, Miller & Hoffman -$3,000. final payment , Alderman Dennis: seconded by Alderman Gutenberger IEREAS, the architectural firm of Levatich, Miller and Hoffman has heretofore completed certain work with regard to the pedestrian mall, and WHEREAS, the final sum due said firm for such work pursuant to contract has been agreed upon, NOW, THEREFORE, BE IT RESOLVED, That the City pay Levatich, Miller and Hoffman Lh_C. the sum of $3,000. as final payment in full for all work heretofore done il1J said firm for the City of Ithaca. ®.scussion followed on the Council floor. <( icecvote was taken on the resolution which resulted as follows: -%-es -8 Nays-' 2 -{Aldermen Nichols, Slattery) Carried Drug Programming Coordinator Services By Alderman Dennis: seconded by Alderman Nichols RESOLVED, That the City of Ithaca enter into a contract with Tompkins County for Drug Programming Coordin~tor services for the year ending December 31, 1 976 in an amount not to exceed $3,566. Carried ~efund of $5,246. from Open House By Alderman Dennis: seconded by Alderman Gutenberger WHEREAS, Open House has received $5,246. of Revenue Sharing funds from the City of Ithaca, and WHEREAS, the City has been advised that Open House closed as a crisis counsel- ing center on March 31, 1976, NOW, THEREFORE, BE IT RESOLVED, That Open House be requested to refund the $5,246. to the City of Ithaca. Grant of $2,500. for Escort Services -Office of the Aging By Alderman Dennis: seconded by Alderman Holman Carried RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the New York State Office of the Aging to pro- yide a grant of $2,500. for Escort Services to be provided by the Ithaca Youth Bureau, and BE IT FURTHER RESOLVED, That $2,500. be appropriated in the Youth Bureau 1976 Budget and this amount be offset by amending the Revenue Account A-3820 Youth ·o~rams to include $2,500. 62 4 April 71 1976 BE l T FURTHRR -RFrsm~B, -Thelt ·$116, 700. be appropriated froffi the Federal Reve- nue Sharing budget and transferred to the Fire Equipment tteserve, and BE IT FURTHER RESOLVED, That upon sale by the City of ihe 1915 Seagtaves- aerial #933, the proceeds be transferred to the Fire Equipment Reserve ac- count. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Ayes - 7 Nays - 3 (Aldermen Boothroyd, Meyer, Holman) Carried Bus Shelter Funds -$2,914. By Alderman Dennis: seconded by Alderman Boothroyd WHEREAS, the Board of Public Works has received a proposal from O'Brien and Taube, architects, for services in connection with Bus Shelters and Bus Graphics, and, WHEREAS, said proposal is for $4,300. for the Bus Shelter portion of the contract, and WHEREAS, the maximum amount allowed by UMTA is $1,386. NOW, THEREFORE, BE IT RESOLVED, That this Common Council agrees to provide funds to make up a difference of $2,914. Carried Ithaca Urban Renewal Agency close out -Resolution withdrawn WHEREAS, The Ithaca Ur an Renewal Agency is closing out Project NYR-112 - resolution was withdrawn from the agenda, per request from Mayor Conley who stated reasons why this money will not be required at this time. Resolution By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That this Common Council authorize the resolution relative to appropriating money for the Urban Renewal Land Acquisition capital project be withdrawn from the agenda. Carried Acquisition __ of _Seneca~~_Feet Garage -$1,650,000 .. By Alderman Dennis: seconded by Alderman Boothroyd A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,650,000. SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE AC- QUISITION OF A PUBLIC PARKING FACILITY LOCATED IN SAID CITY. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The specific object or purpose to be financed, in part, pursuant to this resolution is the purchase by the City of Ithaca, Tompkins County, New York, of the so-called "Old City Hall Lot," a five tier parking facility located south of the U. S. Post Office between North Tioga Street and North Aurora ~treet in the City of Ithaca, Tompkins Countv. New York_ touP.~hP.r wi~h - ,.. 63 s April 7, 1976 Section 3. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to sub- divisions ll(b) and 2l{a) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An ~nual appropriation shall be made in each year sufficient to pay the princi- 11 of and interest on such bonds becoming due and payable in such year. 1ere shall annually be levied on all the taxable real property in said City tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section S. 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 0 seal officer. Such no.tes shall be of such terms, form and contents, and all be sold in such manner, as may be prescribed by said City Controller nsistent with the provisions of the Local Finance Law. <3tction 6, The validity of such bonds and bond anticipation notes may be c!fntested only if: <I: 1) 2) Such bonds are authorized for an object or purpose for which said City is not authorized to expend money, or 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 publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be pub- lished in full in The Ithaca Journal the official newspaper, together with ~:notice of the City Clerk in substantially the form provided in Section 81.00 :~f the Local Finance ~aw. Discussion followed on the Council floor. A roll call vote was taken on the motion which resulted as follows: Alderman Holman voted no ~lderman Meyer voted yes Alderman Spano voted yes .Alderman Slattery voted yes Alderman Boronkay voted no (8) • Ayes Alderman Dennis voted yes Alderman Boothroyd voted yes (2) -Nays Alderman Saccucci voted yes Alderman Gutenberger voted yes Alderman Nichols voted yes Carried 64 6 ApTil 7, 1976 Challenge Industries -Revenue Sharing Funds By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That $2,256. be transferred from A 1990 Contingencies Account to A 1010-407 Legislative Board Contractual Services Account. Carried Motorola Radio Equipment -Police Dept. By Alderman Dennis: seconded by Alderman Slattery . RESOLVED, That it is in the best interests of the City of Ithaca to standardiz to Motorola Radio equipment, for use in the Ithaca Police Department as follo~ llllii"' 1) The Police Department now has all Motorola Radio Equipment and Radio Console. 2) This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3) Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several dif- ferent types. 4) Present Motorola Radio equipment has been satisfactory to the uses of the Police Department. 5) Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of radio equipment. IT IS FURTHER RESOLVED, That the Common Council be requested to adopt Motorola Radio equipment as the standard radio equipment to be used by the Ithaca Police Department, said to be purchased and used by the City of Ithaca in the year 1976. Carried Scramble Radio Equipment -Police Dept. _,, By Alderman Dennis: seconded by Alderman Slattery WHEREAS, This Common Council has been requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment, as the type of equipment to be used in the City of Ithaca in this year 1976, and to authoriz~s the City of Ithaca to advertise for bids and purchase approved equipment from,q the manufacturer, or a representative thereof, and iT WHEREAS, It is deemed to be in the best interest of the City of Ithaca for s reasons of efficiency, compatability, and economics to approve such standardi- zation for the following reasons: 1) The City Police Department presently has Controlonics Voice Scrambler equipment, partially installed in the mobile units. 2) Compatability is not possible with other brands of Voice Scrambling equipment. 3) The cost of maintenance, parts, and service will be less than if different types of equipment were being used. IT IS FURTHER RESOLVED, That, pursuant to subdivision 5, Section 103 of the General Municipal Law of the State of New York, The Common Council of the City of Ithaca hereby authorizes the standardization of Controlonics equipment, as the type of such equipment to be used in the Police Department, in this year 1976, and that the City be authorized to advertise for bids thereon and include such limitations in the advertisement. Carried 7 April 7, 1976 1) The City Police Department Meter Division now has Cushman Scooters. 2) The cost of maintenance, parts, and service will be less than if different types of equipment were being used. 65 IT IS FURTHER RESOLVED, That pursuant to subdivision S, of Section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca hereby authorizes the standardization of the Cushman Scooters as -he type of such equipment to be used in the Meter Division in this year 1976, ' nd that the City be authorized to advertise for bids thereon and include uch limitations in the advertisement. Board of Public Works -Transfer of Funds By Alderman Dennis: seconded by Alderman Spano RESOLVED, That the following transfers are approved: Carried LO LO 0 <C 1) 2) $600. from A 1990 Contingencies Account Trees Account A 7110A323. $6,500. from G 1990 Contingency Account Administration Contractual Services. to Parks and Forestry to G 8110-1-407 Sewer Carried c:treathalyzer -Police Dept. dY Alderman Dennis: seconded by Alderman ltESOLVED, That the City of Ithaca Police purchase a Smith and Wesson Breathalyzer HUMAN SERVICES COMMITTEE nog Enumerator Boothroyd Department is hereby authorized to for an amount not to exceed $1,983. Carried y Alderman Boothroyd: seconded by Alderman Saccucci ~SOLVED, That the Common Council of the City of Ithaca, New York, hereby ~lects to cause the dog census for the 1977 to be made by enumerators instead of by its Police Department during the month of October 1976 (for 1977) and that the City Clerk be directed to file a certified copy of this resolution with the New York State Department of Agriculture and Markets, Albany, New York, on or before June 1, 1976. Discussion followed on Council floor. A vote was taken on the motion which resulted as follows: Carried Report Alderman Boothroyd reported that he has been working with the Youth Bureau and with the County to attempt to establish a comprehensive County Youth Board. We have a proposad model "B" and a proposed model "D." Alderman Boothroyd requested that the Aldermen read these proposals as they will be _'Coming back to Council in the near future. BICENTENNIAL COMMISSION •1derman Nichols reported on Saturday, May 1st a Festival is planned on the -------.. L.: -'L. ... ~,, -•••--~ ,:_.,__ •L-.J:.! --• ------• -.J: •L-,-.,: __ , -I""' 66 8 April 7, 1976 PLANNING AND DEVELOPMENT COMMITTEE City Health Care Facility By Alderman Gutenberger: seconded by Alderman Nichols WHEREAS, The Board of Planning and Development and the Community Development Agency have been working toward establishment of a primary health care center in downtown Ithaca, and WHEREAS, the Board of Planning and Development has regarding the need for such facility in the City, taken an official position ~. NOW, THEREFORE, BE IT RESOLVED, That the Common Council supports the outlined by the Board, and policy BE IT FURTHER RESOLVED, That all parties involved be urged to work toward timely establishment of such primary health care facility. Amendment to the Resolution By Alderman Holman: seconded by Alderman Boronkay WHEREAS, the Board of Planning and Development and the Community Development Agency have been working toward establishment of a primary health care center in downtown Ithaca, and WHEREAS, The Tompkins County Health Alliance is currently examining the over- all health care situation in the County, NOW, THEREFORE, BE IT RESOLVED, That the Common Council recognizes and supports the efforts of the Health Alliance, and BE IT FURTHER RESOLVED, That the Common Council coordinate its planning with the recommendations of the Health Alliance in relation to the establishment of such primary health care facility. ! Discussion followed on the Council floor. A vote was taken on the amendment to the original resolution which resulted as follows: Ayes - Nays (4) -Aldermen Holman, Boronkay, Meyer, Spano (6) Aldermen Nichols, Boothroyd, Dennis, Slattery, Saccucci, Gutenberger Motion Defeated ,,,,. Original Resolution A vote was taken on the original resolution which resulted as follows: ,1 :s 12 Ayes -(8) Nays -(2) -Aldermen Boronkay, Holman Carried School District Reorganization By Alderman Gutenberger: seconded by Alderman Spano WHEREAS, the Ithaca Board of Education is presently considering a reorganiza- tion plan which may affect several schools in the City, and throughout the district, and WHEREAS, school closings have a serious effect on development and on neigh- borhoods in the City, and WHEREAS, the Board of Planning and Development has at its Special meeting on March 12, taken a position on schools in the City, _ NOW, THEREFORE, BE IT RESOLVED, That the Common Council endorses the recom- mendations of the Board of Planning and Development regarding the school district reorganization insofar as school buildings within the City are con- cerned, and BE IT FURTHER RESOLVED, That the Mayor be requested to proceed immediately ,.. 9 April 7, 1976 that it is appropriate for the Ithaca Housing Authority to implement the Section 8 Existing Housing Program within the City of Ithaca, and WHEREAS, HUD has requested a clarification of the intention of the City with re~pect to its previously submitted application, THEREFORE, BE IT RESOLVED, That the City of Ithaca hereby rescinds its Application for Existing Housing dated October 2, 1975, and authorizes the Mayor to return unexecuted the Annual Contributions Contract, and furthermore indicates its preference that the Ithaca Housing Authority be 67 . ·~e Agency responsible for the Section 8 Existing Housing Program in the City ' r Ithaca. Carried Sale of Hancock Street Property Alderman Gutenberger reported to Council the facts leading up to the proposed sale of the Hancock Street Property. Alderman Gutenberger recommended that Common Council rescind the auction which is scheduled for Friday, April 9, 1976 at 2:00 p.m. and advertise for a new auction including the restrictions which the Committee recommends. ty Attorney Shapiro listed the restrictions which Common Council should nsider placing on the sale of the Hancock Street pro~~· ~Y as follows: Sewer right-of-way; 2) NYS Electric & Gas permit for their electric nes; 3) Property not be used for a thoroughfare. <( c!!-scussion followed on the Council floor. Resolution By Alderman Meyer: seconded by Alderman Saccucci RESOLVED, That this Common Council rescind the sale of the Hancock Street property and refer it back to Planning and Development Committee with the power to act on behalf of the Council. Carried lVIRONMENTAL COMMISSION ~derman Holman commented that the Commission's report and recommendation on road salt use has been forwarded to the appropriate member of the B.P.W. Alderman Holman reported that she and Environmental Commission Chairman, Joy Daley, attended a conference at the State College of Environmental Science and Forestry in Syracuse for environmentalists. Alderman Holman also reported that the Festival which Alderman Nichols dis- cussed under the Bicentennial report, is being called Environmental Heritage Day and it is being sponsored by the Environmental Commission with great help from the office of the Mayor, the Area Beautification Council, Historic Ithaca and others, who are joinging in for that particular day. Alderman Meyer reported that a tri-county solid waste meeting is being scheduled for Thursday, April 8, at the T.C.3 campus. She urged members of the Council to attend the meeting. CHARTER AND ORDINANCE COMMISSION Advisory Committee on Cable Television Alderman Slattery present -] the following letter from Mr. Dana Ulloth, Chair- man of the Advisory Committee on Cable Television: 68 10 April 7, 1976 Our recommendations are as follows: • 1) The Advisory Committee should -b-e .... afforded thf q,pportuni ty to present the issues and suggestions it has orally before Common Coun~_f'l prior to other groups having the opportunity to speak. In this way the --ers of Common Council will be fully aware of the thinking of this Commit~ and will have a perspective against which to judge comments by the Cable Television company. 2) Copies of the report from the Advisory Committee should be made available to all members of Common Council at least one week before public discussion of cable television matters are taken up. In this way everyone ,-., will have adequate opportunity to know the issues as spelled out by the Ad-I visory Committee. Comments from Ceracche and his representatives should also be available to Common Council ahead of the hearing for the same reason. •~· 3) After discussion of the issues and after compromise amendments have drawn up by Common Council, at least a one week waiting period should be set before the final vote on the amendments is taken. In this way you can receive comments from interested parties. 4) The final vote could be taken during an open second meeting. Any final comments might also be entertained at that time. It is the belief of the Advisory Committee that both the interests of the public and Ceracche Television Corporation would be better served by follow- ing such procedures as are recommended above. We thank you for considering these suggestions for future rate investigations and other matters that affect Ceracche Television Corporation and subscribers. Sincerely, ADVISORY COMMITTEE ON CABLE TELEVISION /s/ Dana Ulloth Dana R. Ulloth, Chairman Morris Angell Ann Martin Ray Bordoni Peter Potorti Resolution By Aldirman Slattery: seconded by Alderman Saccucci 11 RESOLVED, That this Common Council accept the recommendations made by the to Advisory Committee on Cable Television and the Council hereby extends its thanks and appreciation to Mr. Ulloth and the Commission for their advice to the Committee and the Council. Carried Local Law -Ceracche Television Franchise Alderman Slattery reported that he had received a letter from City Attorney Shapiro which reads as follows: Tony Ceracche called me with regard to proposed local law I drafted which I sent to you earlier this week. He felt that he would prefer the local law to be an amendment to the exist- ing franchise rather than granting a new franchise. Alderman Slattery commented that this was agreeable with him. Accordingly, the local law should be changed as indicated in the following resolution, There were also some questions with regards to rates -which Alderman Slatter._ +'n...-,.,.,,,.,.:i,..,.:i t-n r; 1-v A-t-t-n-rnov ~'ho:,n; -rn 1-n ho ; -rnnorl n11i" 69 11 April 7, 1976 BE IT FURTHER RESOLVED, That the City Clerk be authorized and directed to advertise for a Public Hearing in the matter of the adoption of the afore- said Local Law to be held in Common Council Chambers, 108 E. Green Street, Wednesday, May S, 1976 at 7:30 P.M. at which time all interested persons will be heard. Discussion followed on the Council floor. _..._ vote was taken on the motion which resulted as follows: Carried 1ayor Conley reported that one of the Councilmen, at a previous meeting, asked about identification for the Aldermen. As a result of that request, City Clerk Rundle has ordered and received badges along with a small badge case for the Aldermen. The badges were presented to the Aldermen after the meeting. Mayor Conley further reported that the County has sent over copies of their u,oster, which are available to the Councilmen from the City Clerk. I.mayor Conley stated that we have four (4) reports -one from the Ithaca Oousing Authority, one from the Chamberlain's office, one from the Police department and one from the Board of Public Works. :lesolution y Alderman Dennis: seconded by Alderman Saccucci RESOLVED, That this Common Council receive on behalf of the City of Ithaca~ annual reports from the Chamberlain's office, Police Department, Board of Public Works and the Ithaca Housing Authority. Carried COMMUNICATIONS FROM THE MAYOR layor Conley commented that he expected to be able to make a progress report n the Center Ithaca project tonight. We were in negotiations all day today. layor Conley further stated that he will be calling a special meeting of Council within two weeks -three weeks at the outside -so if any Committee Chairman have anything special to consider -there will be a special meeting of Council. Council will be getting the information in a public meeting with the press at the same time. Audit Council members requested the audit sheets each month from Controller Daley even though Council members are not formally involved in doing the audit. NEW BUSINESS Construction Alderman Saccucci questioned Mayor Conley regarding the new offices which were recently built on the third floor of City Hall. Alderman Saccucci said that he had not been aware that they were to be built. Mayor Conley replied that there was discussion at the last Common Council meeting when an office for the Bicentennial Commission was being discussed. The Bicentennial Commission moved into the former Board Room, the Finance Department has offices ir the center and the end office is now the Board Room. n 70 12 April 7, 1976 S.P.C.A. Report Alderman Saccucci stated that the following report is the most recent one from the S.P.C.A. Shelter activities. This is information that Alderman Saccucci requested on behalf of the City from the S.P.C.A. at the last monthly meeting which he attended: Tompkins County S.P.C.A. Shelter Report Stray Dogs (County) Stray Dogs (City) Dogs surrendered for adoptions by owners Total Dogs to Shelter Dogs Claimed by owners Dogs Adopted Total Dogs Out Cats to Shelter (Total) Cats claimed or adopted Responses to complaints (County) Responses to complaints (City) PHONE CALLS to Shelter Cruelty cases investigated (County) Cruelty cases investigated (City) Citations issued (City) * January 1976 90 54 140 284 48 45 93 99 26 193 113 1,800 3 1 8 February 1976 88 86 165 359 65 52 117 76 36 200 138 1,749 8 1 32 * Citations Fine -tickets ~ssued to dog owners for unleashed dogs in the City for which they will have to pay $10.00 to City Court. The second time they pay $25.00 and go in front of the City Judge. Alderman Saccucci stated that this report indicates that the S.P.C.A. is providing service to our community in accordance with our contract and he ~ would like the community to know this. Alderman Saccucci questioned the procedure used to issue summons to dog M owners, and suggested that a reminder be mailed in the future. Discussion followed concerning the Summons which were issued to dog owners because they had neglected to license their dogs. City Clerk Rundle explained the State Law which requires that Summons be issued. Commons' Fees Alderman Slattery read the following letter from Thomas Niederkorn; Chairman of the Ithaca Commons Advisory Board: March 29, 1976 Hon. Mayor Edward Conley 108 E. Green Street 71 13 April 7, 1976 The Commons Advisory Board suggests that the Council review this aspect of the fee schedule and make any modification deemed appropriate. Very truly yours, /s/ Tom Thomas Niederkorn Chairman -Ithaca Commons Advisory Board Discussion followed on the Council floor. Resolution By Alderman Meyer: seconded by Alderman Nichols RESOLVED, That Council authorize the Commons Advisory Board to have the authority and flexibility to waive fees where they deem it appropriate and in the best interest of the Commons. Carried Municipal Code -Updating \j ~lderman Slattery reported that he had received a call from Mr. Van Opdorp, ~O'M ':1nicipal Consul tan ts Corp. in Geneva. He informed Ald.~rman Slattery the City of Ithaca should update the Code annually rather than every 3 months <!as has been done formerly. Alderman Slattery further reported the cost <(is $14.50 per page for the first 100 copies. On the Zoning Code each 100 c:::[Pages was $3.75. Resolution By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That Common Council refer the matter of updating the Municipal Code annually to the Budget and Administration Committee with power to act on behalf of Council. Carried Adjournment On a motion the meeting was adjourned at 10:05 P.M. Joseph A. Rundle, City Clerk Edward J. Conle ~ Mayor COMMON COUNCIL PROCEEDINGS-- CITY OF ITHACA, NEW YORK 73 Regular Meeting 7:30 P.M. May 5, 1976 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano THERS PRESENT: ontroller -Daley eputy Building Commissioner -Jones ,outh Bureau Director -Cutia City Chamberlain -Wright City Clerk -Rundle PLEDGE OF ALLEGIANCE Fire Chief -Weaver Planning Director -Van Cort City Attorney -Shapiro Police Chief -Herson Mayor Conley led all present in the Pledge of Allegiance to the American flag. LD L.tPMENT OF SILENCE -VAN B. HART -JOSEPH MATERA i yor Conley asked Council to stand for a: moment of silent prayer in memory Van B. Hart, former Alderman and Joseph Matera, Ithaca Businessman, who cently passed away. <l(INUTES: By Alderman Boothroyd: seconded by Alderman Spano RESOLVED, That the Minutes of the April i, 1976 meeting be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS ""'pblic Hearing -Proposed Local Law No. 4 of the year 1976 entitled "A Local aw Amending the Cable Television Franchise to Ceracche Television Corp." .... ksolution to O en Public Hearin y erman attery: secon e y Alderman Boronkay RESOLVED, That the Public Hearing on the Proposed Local Law No. 4 of the year 1976 entitled "A Local Law Amending the Cable Television Franchise to Ceracche Television Corporation" be opened. Carried Dana Ulloth, Chairman of the T.V. Cable Commission, asked the Council for clarification of the proposed law. He stated that he understands that there are two versions being considered. Mayor Conley stated that the one being considered at this meeting is the one which has been advertised and talked about in the past. gesolution to Close Public Hearing By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That the public hearing on the Proposed Local Law No. 4 of the year 1976 entitled "A Local Law Amending the Cable Television Franchise to Ceracche Television Corporation" be closed. Carried 0 ~solution 'f Alderman Slattery: seconded by Alderman Dennis 74 2 Alderman Slattery commented that copies have been provided to Council members. Alderman Nichols reported that she had received a call from Ann Martin, a member of the Cable Television Committee. Mrs. Martin could not be at this meeting tonight because of a school board meeting. The Cable Television Committee has not seen this amended franchise. They have not approved the section on rates, so Mrs. Martin stated that she hopes this matter can be held off until the next Council meeting. Alderman Slattery reported that he sent copies of the Cohen and Berfield Franchise that was an amended version of City Attorney Shapiro's franchis~. Each member of Council received copies. Alderman Slattery read a letter which he had received from Mr. Ceracche's attorney which .stated the many differences between the franchises prepared by the City Attorney and Ceracche's attorney. Alderman Slattery stated that the franchise which was mailed to the Aldermen for consideration was the one prepared by City Attorney Shapiro. Alderman Slattery commented that paragraph 32, sub-paragraph B, which pro- vides for a $2.00 fee for a converter -is a matter for consideration by Common Council before passage. He further stated that it was his understand- ing that Common Council was not empowered to regulate any fees charged for the converter. This is a separate matter to be included in the franchise. Since that time, Alderman Slattery stated, he understands that it is included in the franchise and, by default, Council does have the power to regulate ~t. However, we have laid that entire franchise on the table. If there is a mo- tion to amend the franchise to exclude the $2.00 fee, it should be made to~ night, then we can consider it at the same time that we consider the other matters that have been proposed by Cohen and Berfield, Ceracche's lawyers. Mr. Ceracche explained that the $2.00 fee is a rental fee for people who want to rent a converter so as to receive 10 adidtional channels at no additional rental charge. If these people so desire to buy their own con-_.. verter so they get these 10 additional channels at no additional charge, they'L•. are free to do so. . , Dana Ulloth commented that it was the feeling of the T.V. Commission that Council take no action tonight in order that they have more time to study 'O the matter. 1J ,a Discussion followed on the Council floor. v Resolution By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the matter of amending the Cable Television Franchise be tabled for further study and discussion. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Resolution By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That the matter of amending the Cable Television Franchise be re- ferred back to the Charter and Ordinance Committee and the Cable Television ~ rn'fflff\;CC;r\T'I ~n,1 3 May 5, 1976 ADDITIONS TO THE AGENDA Alderman Slattery requested the addition of the Special Benefit District Local Law, to be included under the Charter & Ordinance Committee. No Council member objected. ~elen G. Henderson y Alderman Gutenberger: seconded by Alderman Dennis HEREAS, death removed from our midst, Helen G. Henderson, who served as lderman for the Seventh Ward of the City of Ithaca continuously from January 1, 1972 to September 30, 1973, and WHEREAS, it is the sense of this Common Council that former Alderman 75 Helen G. Henderson, gave unselfishly of her time and knowledge in the pur- suance of her duties; and her faithful service to the City of Ithaca earned her the respect of our Community, ~W, THEREFORE, BE IT RESOLVED, That this Common Council wishes to convey L,Ats sympathy to the members of her family, her associates and the Community c,ho are indebted to her for her kindness and dedication, and ':iE IT FURTHER RESOLVED, That in tribute to her memory, this resolution be ~read upon the minutes of this meeting; and that a copy thereof be trans- c:l[itted to her family. Carried Van B. Hart By Alderman Saccucci: seconded by Alderman Slattery WHEREAS, death removed from our midst, Van B. Hart, who served as Alderman for the Seventh Ward of the City of Ithaca continuously from January 1, 1960 to December 31, 1967, and HEREAS, it is the sense of this Common Council that former Alderman Van B. art, gave unselfishly of his time and knowledge in the pursuance of his auties; and his faithful service to the City of Ithaca earned him the re• spect of our Community, NOW, THEREFORE, BE IT RESOLVED, That this Common Council wishes to convey its sympathy to the members of his family, his associates and the Community who are indebted to him for his kindness and dedication, and BE IT FURTHER RESOLVED, That in tribute to his memory, this resolution be spread upon the minutes of this meeting; and that a copy thereof be trans- mitted to his family. Carried Joselh Matera By Aderman Boronkay: seconded by Alderman Saccucci WHEREAS, death has removed frpm our midst, Joseph Matera, a valued friend and strong supporter of the City of Ithaca and the development of its downtown, and WHEREAS,it is the sense of this Common Council that said Joseph Matera gave unselfishly of his time and knowledge in helping to make the City of Ithaca -better place to live and his continued efforts in this regard earned him 1e respect of our communitv. 76 4 May 5, 1976 Mayor Conley introduced and welcomed two vis-itors attending this Council meeting -Bob Fisher and Ed Ryan from the New York State Division of Audit and Control, who have been working with our Central Purchasing Department~ PLANNING AND DEVELOPMENT COMMITTEE Landlord Registration Act Alderman Gutenberger reported that he hopes to have information ready for Council soon on the Landlord Registration Act. Sale of Hancock Street Property _,. Alderman Gutenberger reported that he has talked with one of the attorneys for the Hancock Street/Purity Ice Cream land problems which were discussed at the last meeting. The attorney felt that they were not ready to discuss this with the Committee as yet. There are still problems to be worked out. Collegetown Trees Alderman Gutenberger reported on the problem of the trees which were planted in the Collegetown area. The Committee has not met on this but it will be discussed with the various members of the Committee as well as with department heads. BICENTENNIAL COMMISSION Circle Greenway Alderman Nichols reported that last Saturday the Mayor cut the ribbon and opened the first segment of the Circle Greenway. Kite Flying Festival Alderman Nichols further reported that this coming Saturday there is going to be a Kite Flying Festival at Cass Park in honor of the Bicentennial. Bicentennial Barge The five counties involved in the Barge visit are meeting and planning that visit which is still scheduled for August 20 -22 at the Treman Marina. Environmental Heritaae Day Mayor Conley reporte on the Environmental Heritage Day on the Commons. Conley expressed the appreciation and thanks of himself and Council, to Mrs. Joy Daley, the chairman of the Environmental Commission, for putting whole program together. It was excellent! Mayol :w theA BUDGET AND ADMINISTRATION COMMITTEE Tax Rate for the 1976 Bud!et By Alderman Dennis: secon ed by Alderman Slattery WHEREAS, the 1976 City of Ithaca Budget, Estimates and Requisitions including Capital Budget, was approved, adopted and confirmed in the total sum of $10,589,838. on January 1, 1976 in accordance with a detail budget statement on file in the office of the City Controller. T WHEREAS, available and estimated revenues total $8,486,383. leaving $2,103,455. as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1976, certified and filed by the Assessment Department of Tompkins County, has been footed and proved and shows the total net taxable valuations of $105,172,748., and -- 77 --5 May 5, 1976 BE IT FURTHER RESOLVED, That the City Chamberlain be and hereby is directed to extend and apportion the City tax as above, and that upon the completion of the extension of said Roll the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and City Clerk hereby are authorized and directed to sign and affix the Corporate Seal to such warrant and forthwith to file the same with said Roll with the City Chamberlain,_ and BE IT FURTHER RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall thereby become tax liens, due, payable and collectable in accordance with provisions of the City Charter and other laws applicable thereto, and BE IT FURTHER RESOLVED, That the total sum of $10,589,838. be appropriated in accordance with the Tax Budget as adopted, to the respective boards, of- fices and department of the ·City for the purposes respectively set forth therein. The 1976 Assessment Roll has been completed and approved by the Lf)Assessment Department of Tompkins County and resulted in the following Lnvaluation: 0 ~ ~ ~ Valuation of Land Valuation of Buildings Total Value of Real Property Less Value of Exempt Property Plus Value of Special Franchises Net Value of Taxable Property $ $ f $ $ $ 29,804,300. 230,447,534. 260,251,834. 160,178,925. 100,072,909. 5,099,839. 105,172,748. (61.5%) Mayor Conley explained his position on the tax rate and said it was up to Council to make the decision and set the tax rate. Mayor Conley commented that he would not veto Council's action tonight, and that he favored a $19.00 tax rate. Alderman Saccucci and Alderman Spano spoke in favor of the $19.00 tax rate for the current year 1976. Aldermen Dennis, Slattery, Holman, Boothroyd, and Boronkay spoke in favor of the $20.00 tax rate for 1976. Alderman Meyer explained her position regarding the tax rate. Discussion followed on the Council floor. A roll call vote was taken on the motion which resulted as follows: Ayes -(7) -Aldermen Dennis, Gutenberger, Holman, Boothroyd, Nichols, Slattery and Boronkay Nays -(3) -Aldermen Meyer, Saccucci, Spano. Carried Profram Budgeting Bylderrnan Dennis: seconded by Alderman Boothroyd WHEREAS, The Administrative Code for the City of Ithaca, adopted July 2, 1975, set forth the philosophy of Program Budgeting, and 78 6 May 5, 1976 Transfers from A1990 Contingency Funds By Alderman Dennis: seconaed by Arderman Boothroyd RESOLVED, That the following transfers from A1990 Contingency Funds be made: -$1,500. $12.80 $2,350. $2,200. $6,000. Transfer of Funds Floral Avenue Drainage Project Acct A391-156 Cass Park Ball Diamond -Acct. A391-150 Cass Park Pool & Rink Acct A-7180B-312 Personnel -Acct A-1430 # 310 -$1,000 # 422 -$1,000 # 433 -$ 100 # 415 -$ 100 Liability Account Carried By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That $1,400. be transferred from F1990 Water Fund Contingency Account to F8320-9-312, Water Pump Station Parts & Supplies. Carried Youth Bureau Mileage -Detached Workers By Alderman Dennis: seconded by Alderman Slattery RESOLVED, That the Youth Bureau be authorized and directed to pay mileage to the five (5) detached workers in an amount not to exceed $20.00 a month, effective May 1976. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Youth Bureau -Van .., By Alderman Dennis: seconded by Alderman Spano RESOLVED, That the Equipment List for the Youth Bureau be amended to includ( 1 Van in an amount not to exceed $5,900., and -.~ BE IT FURTHER RESOLVED, That $5,900. be transferred from Al990 Contingency Account to A-7310-230 Motor Vehicle Equipment. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Ayes -(8) Nays -(2) -Aldermen Boronkay, Gutenberger Carried CETA PROGRAM -Youth Bureau By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That this Common Council supports the CETA Program for the Youth Bureau and hereby authorizes the continuation of this Program through 12/31/76, and BE IT FURTHER RESOLVED, in the event that Federal financing for this pro- gram is discontinued, said monies expended by the Youth Bureau for this program be reimbursed to the Youth Bureau Account. Discussion followed on the Council floor. ~ LO LO 0 <( <( <( 79 7 May 5, 1976 Ta e Recorder -Finance De artment y erman enn1s: secon e y derman Boothroyd RESOLVED, That the Finance Department's 1976 Equipment List be amended to include a Tape Recorder in an amount not to exceed $540.00. Carried Personnel Roster -Finance De artment y erman enn1s: secon e y erman Gutenberger RESOLVED, That the Finance Department's Personnel Roster be amended to include a Deputy City Clerk and an additional Principal Account Clerk position, and BE IT FURTHER RESOLVED, That one Senior Account Clerk position be elimina- ted. Deputy City Clerk position is pending notification from C.S.E.A. Discussion followed on the Council floor. as follows: A vote was taken which resulted Carried Increase in Salary -City Court Clerk By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That the salary of the City Court Clerk be increased $500. per annum, effective immediately. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Conference on Cable Television Franchises By Alderman Dennis: seconded by Alderman Boothroyd WHEREAS, the Urban Institute is sponsoring a two-day seminar on Cable Television Franchises, and WHEREAS, it is the consensus of this Common Council that a member of its T.V. Cable Commission should attend said Conference, NOW, THEREFORE, BE IT RESOlVED, That this Common Council approves the travel expenses for the member of this Commission to attend said Con- ference in an amount not to exceed $300., and BE IT FURTHER RESOLVED, That $300. be transferred from Al990 Contingency Account to Al0l0-433 Legislative Board -Travel and Mileage. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Recess Council convened for a recess at 9:10 P.M. Reconvened at 9:25 P.M. CHARTER AND ORDINANCE COMMITTEE B-1 Rezoningv By Alderman Slattery: seconded by Alderman Nichols WHEREAS, The Department of Planning and Development has completed a study of zoning in the Central Business District and residential area adjacent to it north of Court Street, and 80 8 2. Take actions within the power of the City, consistent with City policies and objectives, to maintain the physical and residential nature of the area considered for rezoning, encouraging the Board of Zoning Appeals to continue its practice of strict enforcement of the Zoning Ordinance. 3. Promote fuller utilization of existing space resources through publicizing the survey results, encouraging the private sector - to utilize and improve existing space, and continuing to make necessary public improvements to increase the attraction of Ithaca's Central Business District. Carried Administrative Code -Procedure for Adoption Alderman Slattery reported that this item is on the Agenda as a result of a call received from Harold Van Opdorp, Municipal Consultants, who is doing the work on our Code to bring the local laws into proper order for inclu- sion in the existing Code. His suggestion was that Council adopted the Code by Resolution and he felt that it should be done by Local Law. Alderman Slattery stated that this should be discussed because Mr. Van Op- dorp is in the process now of doing the work for the City and if it is to be incorporated into our Charter and Code, he is willing to do so, but he needs authorization to do so. City Attorney Shapiro stated that it was his understanding that the Admin- istrative Code was passed by Resolution for a reason -which was to supple- ment the Charter but it was understood that any provision which might be in conflict of the Charter itself would not be applicable. City Attorney Shapiro stated that it was his feeling that it shouldn't become part of the Charter per se. He further stated that he would be happy to talk with Mr. Van Opdorp if he feels that it should become part of the Charter. Mayor Conley asked the City Attorney to discuss this with Mr. Van Opdorp: _. and make recommendation back to Council as to how Council should proceed. DeWitt Park Historic District Expansion By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, That the DeWitt Park Historic District expansion be referred back to the Planning Department. Discussion followed on the Council floor. A vote was taken on the motion, which resulted as follows: Carried Sewer Expansion Negotiations with Town of Ithaca Alderman Slattery explained that the Town of Ithaca passed the following Resolution which had previously been agreed upon jointly between the Town and City. By Alderman Slattery: seconded by Alderman Spano WHEREAS, at a joint meeting on April 27, 1976, the Ithaca Town Board and the City of Ithaca Common Council agreed to indicate to all involved state and federal agencies their intention to proceed as promptly as possible to expedite the planning and engineering work to improve and expand sewer service for the entire metropolitan district, and 9 May S, 1976 modernizing and expanding the City of Ithaca s.:wage disposal plant to serve the needs of both the City and Town of Ithaca. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried 81 Alderman Slattery and Mayor Conley reported on the joint meeting which was held with Town officials regarding the Sewer expansion negotiations. s1ecial Benefit District Aderman Slattery read two letters from City Attorney Shapiro regarding the Benefit Assessment District. Resolution By Alderman Slattery: seconded by Alderman Saccucci LO RESOLVED, That the local law amending Sec. 5.47 of the Ithaca City Charter LO in relation to the authorization of pedestrian malls and the assessment O thereof be laid upon the table and a public hearing be called for at <C the special Common Council meeting May 19, 1976. <t Discussion followed on the Council floor. <C A vote was taken on the motion which resulted as follows: Carried HUMAN SERVICES COMMITTEE Youth Bureau CETA employees Alderman Boothroyd reported that the Committee met and forwarded the resolution to the Budget and Administration Committee in regard to the CETA employees. Joint City/Town/County Youth Bureau Alderman Boothroyd also reported that the Youth Advisory Board has been working through various committees to foster a joint city/town/county Youth Bureau. Unfortunately those negotiations have not progressed very well. Mayor Conley stated that the City will now wait for someone to come to us with a proposal. We would certainly be willing to talk about future cooperation. ENVIRONMENTAL COMMISSION Environmental Heritage Day Alderman Holman commented that the Environmental Heritage Day on the Commons on May 1, 1976 was very successful . She was pleased to hear the Mayor thank Mrs. Daley and her Commission for their hard work in putting together the various programs. NEW BUSINESS Fred B. Morris Day By Alderman Slattery: seconded by Alderman Saccucci WHEREAS, Fred B. Morris is an honored citizen of the City of Ithaca because of his dedicated service to the community and particularly for his seTvice ·-•'--,y, ___ ,,.: __ "'-··-·--· C'--~--,.,,: • .: _____ , r, _____ ~, .... -...:a 82 10 May S, 1976 WHEREAS, he has planned many needed programs for the elderly and has per- sisted in recruiting valuable leadership to implement those programs, and WHEREAS, he has served as a unifying force in Tompkins County to see that theelderly have adequate housing, and WHEREAS, the State of New York has recognized his outstanding contributions toward meeting the needs of the elderly in Tompkins County bY selecting him~. New York State Senior Citizen of the Year for 1976. NOW, THEREFORE, I, Edward J. Conley, Mayor of the City of Ithaca, do hereby~~· proclaim, by the power vested in me by the citizens of Ithaca, that Wednes- day, the twelfth of May, Nineteen Hundred and Seventy-Six, shall be cele- brated as FRED B. MORRIS DAY in the City of Ithaca, and urge all citizens to join with me in honoring this outstanding citizen. Carried Senior Citizens' Month By Alderman Meyer: seconded by Alderman Dennis WHEREAS, the 9,100 elderly people who live in Tompkins County have con- tributed _to the economic growth of our area for many years, and WHEREAS, through the over one million dollars they receive from Social Security each month, they continue to contribute to the stabilization of our economy, and WHEREAS, it is fitting for the City of Ithaca to recognize the needs as well as the accomplishments of those over sixty who form an important part of our society, and WHEREAS, the month of May has been set aside by Governor Carey and Presi- dent Ford to honor our older Americans, NOW, THEREFORE, I, Edward J. Conley, Mayor of the City of Ithaca do hereby proclaim the Month of May to be SENIOR CITIZENS' MONTH in the City of Ithaca and urge all citizens to join with me in honoring the older Americans who, through their own efforts, are working to enhance their later years. Carried Italian American Residents Alderman Saccucci urged Mayor Conley, as president of the Conference of Mayors and leader of this Community, to appeal to all Italian American residents to write to their relatives living in Italy, asking them to strongly support the present Christian Democratic Government in the next election. • Boardman House •• _, ___ ,... __ , _, .. _____ ...__ ...J .... '--..... -.... ~ ----...._ -----1 . 83 11 May S, 1976 Urban Renewal Agency Alderman Dennis reported that the Urban Renewal Agency meeting was held recently. There was a discussion on the Southside property; a discussion on Contract, etc. for G.I.A.C.; also a long discussion about Health Facili- ties in Tompkins County. The Boardman House was also discussed. Youth Bureau 1975 Annual Report By Alderman Meyer: seconded by Alder~an Gutenberger RESOLVED, That Council acknowledge the receipt of, and accept the 1975 Youth Bureau Annual Report. Carried COMMUNICATIONS FROM THE MAYOR Mall Presentation Mayor Conley brought Council up to date on the present status of the Cald- ,n well project. He reported that he has been working with the local lending u, institutions and better understands their problems. ~ O Mayor Conley stated that the City is more interested in signing the small <( local business, rather than national tenants, but the local businesses need C:::Cmore information before making a commitment to lease space in this area. The cost of the space was an important factor in their request for infor- c::( mation. In consulting with the banks, appraisers, etc. a figure that was close to $2.00 a square foot was arrived at. This figure did not include construction and leasing costs. The $2.00 squar~ foot figure was equal to what some merchants are now paying for leasing space. One recommendation which would lower the construction cost was to have the open space walking area, be deeded to the City. If this area were deeded to the City, the City would hire the architect, city would design, build and pay for it -then set up a benefit district so that the merchants could pay it back over a longer period of time. Mayor Conley stated that what he is asking the City to do, basically, is to borrow money at less than 6% whereas a contractor would have to borrow at a much higher level of interest. Discussion took place concerning the placement of the elevator, rather than putting in the escalator which the bankers originally favored. The esca- lator is much more costly plus the maintenance is higher than an elevator. Also mentioned was the possibility of a second elevator as a City contri- bution to the project. Mayor Conley stated that he did not commit the city, he only agreed to use his best efforts to sell the Aldermen to: 1) accept this £Tom the developer, 2) develop it, 3) establish a tax benefit district for the developer to pay back, 4) to establish a maintenance agreement so he would pay the City back for maintenance and loss of taxes which the City would have received had it been his land, plus, 5) the addition of an elevator. Mayor Conley commented that he has in his possession a draft of the commit- ment which the City can enter into, if Council so authorizes. The Mayor will then ask the Community Development Committee to take this commitment and study it, also ask the City Attorney to read it and to work with the Co~unity_~~ve~opment Committee on the provisions in it. It should not be 84 12 May 5, 1976 with the Planning and Development CommitJ:ee and the Council as a whole on May 12th at 7:30 P.M . This meeting will be open to the press. Mayor Conley requested that the issue of public restrooms also be resolved at this meeting. OLD BUSINESS School Reorganization Mayor Conley reported that members of the City Planning Staff and himself ~ have met with the School Board and School Staff. They discussed setting up a Commission that would allow the City to add their feelings to th.e School'' in the reorganization plans. They did state that a task force w:c:mld be , .. , appointed. The Mayor stated that he will appoint a City Task Force to be part of the School's Task Force. He will ask each and everyone of the City's elementary schools to send a representative from the PTA organiza- tions, said representative to be a city resident. Our own Planning Board and Staff will work in liaison with that Task Force. The Mayor stated that he will also appoint a few knowledgeable people to the reorganization Task Force. He will ask them to work very closely with the Planning and Development Committee of Council. Mayor Conley also sent letters to the newly elected members of the School Board, asking them to discuss the city's concerns with us. Health Services Alliance By Alderman Holman: seconded by Alderman Boronkay RESOLVED, That the matter of Common Council's recognizing the Health Ser- vices Alliance be referred to the Planning and Development Committee for study. • Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Adjournment Motion was made to adjourn the meeting at 10:40 P.M. City Clerk """1,11, COt~N COUNCIL PROCEED.INGS City of Ithaca, New York 85 Special Meeting 7:30 P.M. May 19, 1976 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano fHERS PRESENT: >ntroller -Daley Supt. of Public Works -Dingman ;st. Controller -Spano -lty Engineer -Cox City Attorney -Shapiro Dir. Planning &:n,velopment -Van Cort Deputy. Building Commissioner -Jones City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. ADDITION TO THE AGENDA -Budget & Administration Committee: erman ennis requested that Item XI-D be removed from the Agenda because e cost figures had not been received from the Farmers' Market group, and other item be substituted in its place--The Ithaca Bicentennial Committee quest $700 to hire part-time persons through summer (May-August). <( c:ttlderman Meyer requested that Item XI-D be left on the Agenda and a recom'."' ~ndation be made not to exceed $1000. Mayor Conley asked that the item be left on the Agenda for discussion and possible referral to the Finance Committee with power to act. No objections were made. MINUTES: 0 v Alderman Nichols: seconded by Alderman Dennis :SOLVED, That the minutes of the May 5, 1976 meeting be approved as recorded r the City Clerk. 1• Carried SPECIAL ORDER OF BUSINESS: I C ear 1976 entitled er ent Resolution to.Open Public Hearing By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, That the Public Hearing on the proposed Local Law No. 4 of the year 1976 entitled "A Local Law Amending Section 5.47 of the Ithaca City Charter In Relation To the Authorization of Pedestrian Malls and the Assessment Therefore" be opened. No one appeared to speak at the Public Hearing. Resolution to Close Public Hearing By Alderman Gutenberger: seconded by Alderman Dennis Carried RESOLVED, That the Public Hearing on the proposed Local Law No. 4 of the year 1976 entitled "A Local Law Amending Section 5.47 of the Ithaca City Charter In Relation To the Authorization of Pedestrian Malls and the Assessment There- ..e"lre" be closed. 86 -2-May 19, 1976 Section 1. Section 5.47 of the Ithaca City Charter is hereby amended to read as follows: Section 5.47 STREETS, PEDESTRIAN MALLS, IMPROVEMENTS AND ASSESSMENTS 1. Authorization of paving and other street work an~_Eedestrian mall. The Board of Public Works on its own motion or upon petition of owners of abutting property, may consider and tentatively authorize the paving, re- paving, resurfacing or surface treatment of any street or portion of a street~ and the construction of curbs and gutters in any street or portion of a stree: and the construction, reconstruction of or addition to a pedestrian mall, and : determine all matters relating to the type, materials and method of construe--~ tion thereof. The Board may hold a public hearing in regard to any such improvement, and shall hold such a hearing whenever such improvement is assessable as hereinafter provided, after giving notice by publication at least once in a local newspaper not less than five (5) days before such hearing. The Board shall make an estimate of the cost of such proposed im- provement and fiL~ with the Common Council such estimate and a requisition for appropriation of the funds necessary for the work. 2. Definition of terms. For the purposes of this section, the following definitions of terms shall be controlling: Paving: A roadway constructed with or without a cushion or binder with a base course, and a wearing course consisting of blocks, or slabs or con- structed with a cement or bituminous binder. Repaving: Renewal of a pavement. Resurfacing: Renewal of the surface of a pavement. Surface treatment: Treatment of the finished surface of a roadway with • bituminous material. Pedestrian Mall: A public thoroujhfare desi~ned as a promenade for pedestrians from which motorized vehic es are toe restricted or prohibite~·ro 3. Assessment of cost for paving. The cost of the original paving of any street shall be borne as follows: The area of street intersections and fifty percent (50%) of the remainder of such original paving shall be a charge against the city at large, and the remaining fifty percent (50%) shall be a charge against the abutting proper- ties, apportioned according to their respective foot frontages. The cost of repaving, resurfacing and surface treatment and the widening of paved streets shall be charged against the city at large, and no part of such expense shall be levied against the owners of abutting properties. 4. Assessment of cost for construction of curbs and gutters. The cost of original curbs and gutters, when constructed in connection with the original paving of a street, shall be included in the cost of im- provement and assessed accordingly. The cost of renewal or repair of curbs and gutters shall be a charge upon the city at large. 5. Assessment of cost of constructinP . reconstructinP or C".on<.t-rnc-t-ino .::m )J ~A ~~ -3-87 May 19, 1976 subject to confirmation b* the Common Council. Before any ,.s.,_uch rate schedule e Board of Public Woris shall hold at least one 6. Manner of assessment. Upon the completion of any improvement, of which all or any part of the cost is charged to abutting owners' ~~01erties as above provided, the Board s.hall cause to be prepared a map and--r·-tm'irient showing the cost thereof and ~e apportionment and assessment against the respective properties benefitted ~d shall give notice by publication three times in a local newspaper of a iblic hearing thereon on a date specified, which date shall not be less than ~en (10) days from the first publication, at which time any person interested may appear and be heard in relation thereto. The Board may thereupon alter or correct any such assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council which shall confirm the same, and when so confirmed the amount of each assessment shall be a lien upon_ the real property so assessed. The Council may prescribe and apportion deferred payments, make such regulations as may be deemed advisable for the U')lyment thereof, and provide for a percentage addition to any such deferred ,, yments ~ta rate not exceeding six per centum per annum, to be determined d fixed by said council, together with any fees and expenses which may be curred in connection therewith. Such assessments, percentages, fees and penses shall be collected in the manner provided for the enforcement, levy <lid collection of city taX('S. <l: § 2. This local law is adopted subject to referendum on petition in the manner provided in the Municipal Home Rule Law. Carried PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mr. Angelo A. Pettito, 985 Danby Rd., reported that many of his friends and -~me businessmen have asked some questions to which he requested answers ~garding the Commons Courtyard. Is the Caldwell Project dependent on the courtyard being developed to happen? Mayor Conley commented that it came out of negotiations with the bank-- it concerns both the City and the bank who felt the courtyard should not be self-serving to the project, but based on the interests of all down- town. He added the elevator will be built and maintained by the City. If the courtyard is built, is there any guarantee that the project will go? Mayor Conley replied that if the project isn't built, the City will not build the courtyard. Is the $350,000 front money for the developer? Mayor Conley answered no--the situation is no different than any other where the City is interested in the success of a project. The elevator and maintenance of it will be borne by the City, but the developer will be a~ortizing the courtyard investment. Can the courtyard be done by local builders? 88 -4-May 19, 1976 What is the policy for hiring architects? Is this oy bid? :Mayor Conley commented that qualified local architects have made pro- posals and are being interviewed. An architectural firm is not chosen by bid, but by negotiations with price, ability, etc. all considered. Mr. Ernest Silver, representative of the Downtown Ithaca Businessmen's Associ- ation, reported that the association is 110% behind the project as it was described by the Mayor at the previous evening's meeting of the merchants on the Commons and peripheral area. ~ Alderman Saccucci inquired if there had owners of the Central Business District restaurant being built in the project. overall feeling of those at the meeting be expected. been objection expressed by restauranl to the possibility of another -." Mayor Conley commented that it was the that competition is healthy and is to PLANNING & DEVELOPMENT COMMITTEE: vEstablishment of Capital Project for Construction of Courtyard Bv Alderman Gutenberger: secondea by Alderman Nichols WHEREAS, the City of Ithaca has previously spent over $5.5 million for Capital Improvements in the Central Business District, and WHEREAS, construction of a public courtyard in the Ithaca Center project is necessary to complete these improvements, NOW, THEREFORE, BE IT RESOLVED, That a Capital Project be estab~ lished for construction of such courtyard and that the project cost should not exceed $300,000. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Carried , Establishment of Capital Project for Construction of Elevator By Alderman Gutenberger: seconded by Alderman Slattery WHEREAS, an additional elevator is necessary for full utilization of the Green Street parking facility, THEREFORE, BE IT RESOLVED, That a capital project be established in the 1977 City Budget for construction of such elevator, the project cost not to exceed $50,000. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Carried Hiring of Architect By Alderman Gutenberger: seconded by Alderman Dennis WHEREAS, architectural services are needed for design and construc- tion supervision of the public courtyard and Green Street parking structure elevator, and other improvements in downtown, (:t [.S Jq -+ - 89 -5-May 19, 1976 Alderman Nichols suggested inserting the words 'very early' in the resolution after 'stages' in the last line. Discussion followed on the floor. A vote was t~ken on the motion which resulted as follows: Carried BUDGET AND ADMINISTRATION COMMITTEE: ~ dioilzation of Funds for Commons Courtyard ~ ~arman Dennis: secon e 6y Alderman Boothroyd RESOLVED, That $300,000 be authorized for the Commons Courtyard area capital project, and 111 111 0 <( BE IT FURTHF.R RESOLVED, That $50,000·be appropriated to this account from line item accounts as recommended by the City Controller, and BE IT FURTHER RESOLVED, That the above be contingent upon an agree- ment between the developer and the City of Ithaca, as approved by the City Attorney, Mayor, and Common Council, to reimburse the City for all expenditures. Carried erman Dennis: y Alderman Slattery RESOLVED, That there is hereby established a capital project entitled City Hall Parking Lot. Discussiqn followed on the floor. A vote wqs taken which resulted as follows: Carried ransfer of Funds By Alderman Dennis: seconded by Alderman Slattery RESOLVED, That $11,000 be transferred from Al990 Contingency Account to the City Hall Parking Lot capital project. Discussion followed on the floor. Tabling Motion By Alderman Meyer: seconded by Alderman Saccucci RESOLVED, Tqat the resolution that $11,000 be transferred from Al990 Con- tingency Account to the City Hall Parking Lot capital project be tabled and referred to the Budget & Administration and Planning & Development Committees. A vote was taken on the motion which resulted as follows: Ayes -9; Nay - 1 (Slattery) Carried ,farmers' Market The matter of appropriation of funds for improvements on Taughannock Blvd. Parking Lot for the Farmers' Market was discussed on the floor. Because final lans and cost figures had not been received, no action was taken. 90 -6-May 19, 1976 A vote was. taken.....on __ tha motion-wh_i-ch__ r-e-s.ult--ed as fol-rows: Ayes -8; Nays -2 (Nichols, Holman) Carried Alderman Nichols commented that she would like to .see an accounting of all the expenditures by the Bicentennial Commission to-date. COT-1MUNICAT!_Q_~_EROU THE MAYOR -Building Commissioner Mayor Conley reported that as a result of interviews for the position of r Building Commissioner, he had offered the position to a candidate in Califor- nia. His offer has been accepted, although formal acceptance has not yet been received. Subject to approval from the Common Council, he wishes to hire··· the person in-grade at Step 7 of the Compensation Plan ($16,134) plus $2,000 moving expense. The new commissioner will start work in the summer. Resolution By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, the hiring of a new building commissioner in-grade and appropriation of funds to pay his moving expense be referred to the Budget & Adminis~ration Committee for recommendation at the June 2 meeting. Carried ITHACA HOUSING AUTHORITY Alderman Saccuccf asked Mayor Conley if the recent events concerning the Ithaca Housing Authority Executive Director would jeopardize the position of the City. Mayor Conley replied that the Executive Director of the Ithaca Housing Authority had submitted his resignation which the Authority had accepted, and a new Executive Director would be hired. ADJOURNMENT On a motion the meeting was adjourned at 9:30 p.m. ~~~Ia_y_o_r __ A ff COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 91 Regular Meeting 7:30 P.M. June 2, 1976 PRESENT: Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano ABSENT: Mayor -Conley In the absence of Mayor Conley, Acting Mayor John C. Gutenberger chaired the meeting. OTHERS PRESENT: tity Attorney -Shapiro Controller -Daley Director of Youth Bureau -Cutia City Clerk -Rundle City Engineer -Cox l.(fLEDGE OF ALLEGIANCE: iJ-tcting Mayor Gutenberger led all present in the Pledge of Allegiance to the Q'American flag. <(APPROVAL OF MINUTES: <tBY Alderman Nichols: seconded by Alderman Spano c::tRESOLVED, That the minutes of the May 19, 1976 meeting be approved as recorded by the City Clerk. \ Carried SPECIAL ORDER OF BUSINESS: Presentation of the Bicentennial Flag to the City of Ithaca by Bicentennial Chairman Gregory Kasprzak Chairman Kasprzak presented the Bicentennial Flag to Acting Mayor Gutenberger for the City of Ithaca in the name of the American Revolution Bicentennial \gency. The flag is generally given to the community that writes, or sends ~etition with supporting evidence of its programs and activities for 1976. the City of Ithaca Bicentennial Commission also received the Certificate of Recognition. Chm. Kasprzak extended invitation to all to the Fourth of July celebration which will be held in DeWitt Park, in the Court House and on the Commons, and also to the picnic which will be held in Stewart Park. Acting Mayor Gutenberger accepted the flag on behalf of the City and expressed appreciation to Chm. Kasprzak for the excellent job he has done. COMMUNICATIONS: Mayor's Akpointments -City Prosecutor City Cler Rundle informed the Council that Mayor Conley has appointed Mr. Bruce Wilson as City Prosecutor, effective July 1, 1976, to succeed Robert Hines who is resigning June 30, 1976. Capital Improvements Review Committee City Clerk Rundle informed the Council that Mayor Conley has appointed Alderman James Dennis and Alderman John Gutenberger as Council representa- tives to the Capital Improvements Review Committee, terms to expire June 1, 1977. Letters to the Council -Feasibility Study Public Power ~ity Clerk Rundle read the following letters: 92 -2 -June 2, 1976 If it's cheaper power the people want, they· should have insisted that the prop-os.ed nuclear plant on the lake have been built and do all in their power now to hasten the -operation of the steam plant. The city has neither the capital or the experience to run such a system and it would cost the taxpayers more than the present system. Forget it! Mr. Joseph Rundle Cit y C' e·rk Ci t::t o :f .i t hac a. Ithaca, N. Y. 14850 Dear Mr. Rundle: Sincerely, Josiah B. Miller Home owner 428 Mitchell St. Ithaca, N.Y. May 30, 1976 The proposal to spend city money for a feasibility study of public power disturbs me. I have written a statement (inclosure) which I would like you t o re ad at the June 2 meeting of the Common Council. I will be much obliged. Very truly yours William J. Waters P.S. I regret that I cannot attend the meeting. "To the Mayor and Common Council, City of Ithaca, June 2, 1976: My name is William J. Waters. I am the retired editor of The Ithaca Journal1111111 a taxpayer living at 428 Mitchell St. in the Third Ward, and an investor iri • the common stock of the New York State Electric & Gas Corp. I oppose the proposal to spend some $20,000 of city funds to study the fea~i- bility of a power plant to be owned and operated by the City of Ithaca. ' [ The basic facts are readily available now. A careful study will clearly demonstrate that a municipally owned electric utility will not achieve the claims made by its proponents. 1. The cost of acquiring plant will be beyond the city's means, given Ithaca's present bonded indebtedness (which will approximate 80% of the statutory limit when financing of the Commons and parking ramps is completed) and the state of the municipal bond market. 2. Purchase of a plant will shift the cost burden from the ratepayer to the taxpayer. The city will lose upward of some half-million dollars in taxes, including school taxes, now paid by NYSEG. None of the current taxing uni ts of government can afford that loss. Payments "in lieu of taxes'1 cannot possibly close the gap. 3. The volume and availability of municipal power is uncertain. The~e is no assurance, for example, that the city can obtain sufficient energy from the State Power Authority. J\'1unicipal systems already in operation have firs--· --11 --+J....-l\ •• •t..--.:• .. •·-----• -----••-_____ :.,..,. A -..l ..... t...--•L-A ... .&.1---.!.-__ ,_ -3 -June 2, 197~ 3 6. What kind of service can an isolated municipal system maintain in the face of acts of God, such as Hurricane Hazel or a crippling ice storm? Private power companies can concentrate expert assistance in stricken areas in a matter of hours. 7. In any community, dependable power is essential to hold old busi- nesses and attract new. The inter-connections between private power companies in New York State guarantee a dependable source of power. 8. Rates for electricity have gone up. But has there been a spectac- ular increase, as public-power proponents assert? This is debatable, es- pecially when the factor of inflation is considered. The cost of all commodities continues to go up. Compare the cost of postage yesterday and today. Electrical energy generated by an investor-owned utility is still a good bargain. I believe I have made my point. The feasibility study is not needed, and it would be a waste of taxpayers' money to approve it. Common Council would do well to support the vital concept of free enterprise-- f.Din this particular case an enterprise that is closely regulated by a state LDagency, the Public Service Commission. The Council should not give any • 0 support to the idea that government can do something better and cheaper. <(That path leads to a mirage. <(If I were still the editor of The Ithaca Journal I would have to say an <(emphatic "no" to public power." ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Dennis requested that two items be added to the Agenda: a resolu- tion concerning the Rosemary Lane Project, and a referral to the Planning & Development Committee with power to act on the Community Development Agreement. No objections were made. Charter & Ordinance Committee Alderman Slattery requested the addition of an item--an ordinance amending Chapter 65 of the City of Ithaca· Municipal Code, entitled "Public Safety." No objections were made. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Acting Mayor Gutenberger requested Alderman Meyer to read the Committee recommendation to the Council on municipal-owned power in an effort to clear up the confusion concerning the recommendation which appears to exist. Alderman Meyer read the following committee recommendation: "RESOLVED, That the Common Council investigate the technical and financial feasibility of municipal power for the City of Ithaca and the expansion of the anticipated study by the Board of Public Works." Acting Mayor Gutenberger then opened the meeting to anyone in the audience who wished to address the Council. Noel Desch, Cornell University: "As you know, we are perhaps the largest user of electric power in the area. We have studied many options, including •1...-------+.:,.....,. ,.,.,,& "',.,...,. "''·m ,.........., ..... 0...-">""41,.t h-.:a,ro rnnrl11A~,t +h!:i+ ~l,,::::. n-r,:ic:,=.n't' c:vc:.'t'Pm 94 -4-June 2, 197'6 "Footnote page 1 -Hilton -FACT: The voters of the village voted 'no' to government power on November 25, 1975. In January of this year the Mayor1 of Hilton said he does not plan to call for another vote on a government-owned utility. The voters of the City of Rochester, in April, said 'no' to purchasing the street lighting system of the City of Rochester from Rochester Gas & Electric for $9.9 million. This referendum was turned down by a 3-1 vote. The Task Forces in Erie and Niagara Counties never proceeded beyond the stud~_ stage after the cost of such a takeover were made known. . 7 "Paragraph 1, page 2 -It is inferred that there is an abundant supply of inexpensive hydro power in the State of New York, just there for the asking ~- by any new or existing government operation. FACT: In a speech before the Municipal Electric Utility Assoc. on September 17, 1975, Mr. James A. Fitz- patrick, Chairman of the Power Authority of the State of New York, said the following: 'As I have discussed with you in prior years, the supply of hydro power is nearing exhaustion. Originally the Authority expected the amount reserved for municipal system growth to suffice until the middle of the next decade. Your growth has been more rapid than originally envisioned. Demands are also being placed on this resource by new customers by municipal systems for whom Niagara Power is now more economical although they are located far from the project. It appears that within 2 or 3 years some of your increased demand will be served for the first time by electricity from the Authority's first nuclear plant which has begun partial commercial operation near Oswego, but it will be more expensive than the water power that has exclusively flowed to your systems ..... the fact is, and we have discussed it before, there is no hydro electric power available to supply a large new electric system. The day is rapidly approaching, as you know, when there will no longer be sufficient hydro power available to serve any new system. FACT: At the present time there is only about 140 megawatts of withdrawable hydro power available to supply the 45 existing municipal systems in New York State. In a similar speech the same group the year before reported only 215 mega- watts of the Authority's hydro power remained. In 18 months the amount of ...., hydro power remaining diminished from 215 to 140, a decrease of 35 percent. 1 "At the bottom of page 2 of Ms. Benedict's memo, the statement is made that '-'·"' municipal utilities have no stockholders and thus have no need to make a profit. FACT: Government-owned systems finance operations through tax-free bonding and provides no tax revenues whatsoever. Dividends paid by investor- owned systems are taxable and provide substantial revenues to both State and Federal governments. Obviously what is lost in one area must be made up in another, probably in a general tax increase. This once again hides the true cost of power and proves once again, ladies and gentlemen, there is no such thing as a free lunch. "At the top of page 3 it indicates that the government-owned system makes a profit which is returned to the rate payers in the form of lower rates in lieu of taxes. FACT: The information we have indicates that in lieu of payments does not approach in any way the level of taxes paid by investor- owned utilities. The example of the City of Los Angeles, which is comparable in size to the entire Niagara Mohawk Power System, the in lieu of payment ib J975 was 23 million dollars in comparison to the total tax load of the Niagara Mohawk Power Corp. of 128 million dollars (about 5-1). "In the 2nd paragraph on page 3 the statement was made that the cost of money is significantly less for government-owned systems than for investor- owned utilities. FACT: This may have been true at one time but it is not - -----------~-... L.:--~--1,-,..,.,.,. Mo,., Vn-rlr <::t-~f-P i~ nn-t -thP. hP.! - 5 -June 2, 197~ 5 FACT: As far as New York State Electric & Gas, our pTesent generating ·~ capacity is not able. to supply customer loads and this deficiency increase# to over 700 megawatts in 1982. Presently we are able to buy our capacity; requirements but at a higher cost than we could generate ourselves. There are other concerns .... obviously I have given you some facts to think about and certainly another point of view. Economic Facts: Total tax to the City of Ithaca by Electric & Gas $767,132 Electric, based on system now existing $452,273 ~YSEG made their own study -Fair Market Value between $8 and $10 million , Additional costs of isolating City of Ithaca -reimbursable -$6.3 million. City costs to maintain service -$4.3 million. Total cost to the City of Ithaca to consider proposal -between $18 and $20 million. Does not include one cent for manpower, equipment for underground and overhead transmission and distribution system. Recent work to establish Commons -new and improved underground, overhead in excess of $600,000. Reliability of service over the last 3 years the company has s~ent over $3.4 million on operation and maintenance expenditures. In L.{)1975 $3.55 million on capital expenditures .; 3.6 million this year; $3.4 • Lf)nillion next year. This does not include tree-trimming costs which will oexceed $220,000 for 1976 and 1977. Also plans shown in Green Engineering ;:;.study for reinforcement for sub-transmission system for City of Ithaca - ~hese kinds of things we are doing to achieve continuity service record for ---city of Ithaca at 99.975% for 1975. <t The resolution before you for feasibility study -unfortunately I heard it moved and seconded already. I submit for your very serious consideration that not one more minute of our time or yours is required to demonstrate the feasibility of a government power system in the City of Ithaca. It is absolutely not indicated from a financial or technical point of view. I therefore ask that the resolution before you be turned down. Thank you." Kenneth W. Hasbrouck -107 N. Sunset Drive: 11 ! am not interested in the City of Ithaca, but I am interested in the county who would be very definitely' affected if a municipal system were undertaken, as a taxpayer. I am a graduate electrical engineer of Rensselaer Polytechnical Institute; I have had many years of experience in the public utility industry and I am now t classified as a public utility consultant . I have made, over 50 years, many _feasibility studies. There can be assumption after assumption which can lead t3 various results based upon assumption but it's very silly to undertake a study when you know that the answer comes up with the fact that you don't even have the money to start with. I would suggest that the resolution be defeated because the indication of a study is of no importance. I would like to say one more thing with respect to the effect of inflation on every- one's lives, particularly in regard to the electric rates. You may not realize it but over a period of 50 years the electric rate has not gone up, but come down. It is true in the last few years rates have gone up but in 1926 when I graduated from college the average electric rate was over 12 cents per kilowatt hour. The last few months it was a little less than 4 cents per kilowatt hour. You don't get too little for your money, you get a whole lot for your money when you are spending it for electricity. I think that the fact that a municipal system could even consider a reduction from 4 cents to something less than 4 cents is reducing an argument to the ridiculous." National Bank and President, Tom kins Count Cambero Commerce: e Camero Commerce o Tomp 1.ns ounty represents a lar2e oortion of the businesses which pay taxes to the City of Ithaca. 96 -6-June 2, 1976 that they might have gone to the company and at least tried to work out the problem that existed if there was such a problem. I also suggest that per- haps they might have asked the people who are in business whether they had a problem with. electricity. We did hear in tonight's paper and other arguments from individual taxpayers for whom everyone of us have the same problems-- rising costs under an inflationary economy has affected every single one of us, businesses and individuals. I would have thought that instead of going to an individual business, they might have come to the Chamber of Commerce to see what effect City-ownership of municipal power would have had on business as well as individuals. Again I refer back to a spirit that has been in place of cooperation I would work to trying to have this particular matter resolve1_._ in a much lower key but thank goodness all of you people are here to partici pate, thank goodness under the bicentennial as we heard before tonight, this· is like a town meeting and we have a full expression of many people who are ,.,.,, concerned because we all are concerned to get the most for our money. The cause of higher rates goes much deeper than any question that is before us tonight and each of you here in this room as well as many others across the land are responsible. It has either been by our urging government con- tinually to spend more, either by demands, and in many cases such as those who are not here, by their silence, has encouraged them to go ahead and spend and spend and spend beyond our means by which the inflation which we are now reaping the benefits of inflation if there are such things. Consequently, it is you and I who are responsible for the high rates and making New York State Electric & Gas the scapegoat is certainly not going to be the answer for power costs or any other costs--food costs, etc. While it was not pos- sible within the very shortage of time to poll every single member of the Chamber or even get our Board together, because there seemed to be great urgency to pass a resolution, I would like to read a draft which I have checked with many members, officers and directors of the Chamber, and this would express, I think, the consensus of our present Chamber of Commerce. WHEREAS, it is stated in the bylaws of the Tompkins County Chamber of Commerce that its objective is to preserve, promote and foster the free enterprise system, and _..., i WHEREAS, the City of Ithaca is listed as a municipality having one of the i , largest percentages of tax-exempt property in the State, and therefore needs~ to encourage the continuance of tax-paying businesses as well as attract new ones, and WHEREAS, the taxing capacity of the City already is, or shortly could be strained by existing and previously proposed projects, NOW, THEREFORE, BE IT RESOLVED, That the President of the Tompkins County Chamber of Commerce be instructed to advise the Mayor and members of Common Council that this Board is strongly opposed to and recommends the defeat of any resolution suggesting that a study be made as to the feasibility of having the City of Ithaca become its own supplier of power, and thereby eliminate the services now provided by the New York State Electric & Gas Corporation. In closing I would like to say that our community is deep in need of action and projects that will help us unite. There are many things that separate us but we do need things that will help unite us, bring additional business ,into our State and into our community. Last night's paper had quite an articie on what is happening, both in New York City and throughout the State. Major businesses are now going elsewhere because of the burden of taxation, be- cause of the burden of government regulation. And one more step toward ,,,,.. -••-:-: __ , -•----\...:-.;,.. ---+,..;~i,. _,...+ +\..-,.,.,..,,. +n .... ++..-.-,r+ r:,,1,.:i;+,;nn~1 'h.,,e,in.o.~c.d -7-June 2, 19 87 but merely to study the possibility of the feastb11ity of doing such a thing. When I see this kind of intense opposition it indicates to me one clear thing--the people who ar~ opposing it may be scared of what we may find out by looking into it. I think it is pretty clear to me that the kind of in- tensity of opposition received here tonight is simply a good example of the kinds of problems that the other areas Mr. Carrigg cited had when they decided to look into the possibility of a municipalized power. If you see a real knee jerk, rapid, gut reaction meant to make as fast as you can as much pressure as possible to intimidate city bodies or representative bodies when they decide it might be worthwhile to look into this eventuality. I myself do not necessarily advocate that the City of Ithaca adopt a municipal power system but it seems odd to me that there should be such a drastic and intense reaction at the possibility of even investigating such.a thing. I am pretty angry as I think a lot of people on the other side are angry. I want to go right to the heart of the public thinking I see floating around this room. I think one of the key things that has been brought up is this whole thing of free enterprise idealogy which has been mentioned a couple of times. To me, to talk about free enterprise system when you are talking about something like New York State Electric & Gas is utterly meaningless because New York State Electric and Gas is no more an example of free enter- Lf)prise than the State-controlled utility company in the Soviet Union. Mr. LD Carrigg, I would like to ask what kind of impetus to cut costs he had when O I have to pay whatever he charges so that I can cook my dinner. It seems to _..me that the whole value of what we generally think about free enterprise ......_ system is something tpat you call competition. •I don't see any kind of a C:::Ccompetition at all involved here. It seems to me that what Mr. Carrigg may <(be afraid of and the utility monopoly may be afraid of is a little competi- tion. I really think it is odd that we should see this weird kind of thing going on when we want to investigate the possibility of doing something. I would like to really ask people a little bit more about what they are afraid of when it comes to a study because it seems to me that they must be afraid of the consequences of a serious analysis of the pros and cons of nuclear power. It is very clear that people like me who are at least in favor of a study of the possibility of municipal power are in a minority here tonight, but I don't think we are necessarily in a minority altogether. I have seen meetings packed by rights and lefts many times in my short life and it looks to me like a good example of that tonight. I would suggest that the other people who are here who may have been a little intimidated by the atmosphere who agree with me should step up to the microphone and make their feelings felt also." Florence Fudger, 148 Grandview Court: "I am here to read a statement by John E. Schmidt .... ! would like to register my opposition to the City's expressed desire to assume control of the gas and electric utility in Ithaca. In our constitutional republic our entire economic system which has resulted in the highest, most progressive standard of living in the entire world, is based on competitive free enterprise in the market. In this system the function of government is to guarantee and protect freedom and rights of the individual, the minority and the majority from criminal action, etc. and to foster only those functions which cannot be served by private enterprise. Private enterprise without government interference must of necessity do the best job that it can at the least expense or competition will force it out of business whereas government operation can be and usually is monopolistic with less accounting to the public as to cost and many expenses are hidden through overlapping functions and programs. The direct cost to the customer does not necessarily reflect the true cost since taxes .... for other uses frequently are applied directly or indirectly to these parallel categories. In the end the customer does not really know what he has paid for in a specific government service. Much of the blame for the high cost of our _________ _.__ ___ ----·--r ___ 1 _____ 'I ___ ...._.._ ___ !1 __ _.___ _! ____ ...._ .. __ ....___ ---------~---_! ____ _r _____ _ 98 -8-June 2, 1976 .... Niagara Mohawk raised in Massena two year-s-. ..ag_~ -and the voters still managed to turn out 60-40 in favor of the municipal system there. The fact remains too also in the 1972 or 73 Federal Power Commission Study that the municipal-owned power system paid 30% less than investor-owned utilities in th~ir area, so I think there is room for study here, many questions to be answered by the study, and I would just like to urge that the Common Council adopt this resolution to proceed at a good hard look in an orderly manner. Thank you." Bob Wollets -310 E. Court Street: I don't really understand what is going ,,,,,,,., on here. I can understand the people not wanting to spend however many dollars it takes to see what this means, but I can't understand the opposi- tion to a study that may save the taxpayers an incredible amount of money .. If what proponents of this measure have brought up .... I can't understand -why' the people don't want to look into it. The Common Council owes the people of the City a look at the matter and try to find out how to lower our electric rates. I got a newsletter a couple of days ago from the school system saying that over the last 10 years the electric bill for the school system has gone up 188% and if that doesn't raise taxes, I don't know what will. Considering the current rate the utilities are raising their rates; I can see this is eventually going to raise our school taxes to a very high rate. I would also like to point out that New York State Electric & Gas doesn't pay taxes to the City of Ithaca, to the Federal government, to any- body. The people who pay it are the rate payers. It is written into the rates and they don't pay a cent. Everyone who pays an electric bill pays their tax bill. Thank you." CITY ATTORNEY'S REPORT: P1tne~ Bowes Agreement By Al erman Boothroyd: seconded by Alderman Spano RESOLVED, That for the purpose of keeping the records straight and also to satisfy the New York Leasing Corp., the Common Council ratifies the agreement between Pitney-Bowes and the City of Ithaca passed by Common Council at its February 26, 1976 meeting for a price not to exceed $1,926.07 per annum for five years. Carried The City Attorney also informed the Council that there were a number of various zoning cases which had been brought against the City, in addition to a suit against an officer of the City which he would be glad to discuss with any member of the Council if they wished. v Municipal Power for the City of Ithaca Acting Mayor Gutenberger requested Alderman Meyer to present the Committee recommendation on municipal-owned power. By Alderman Meyer: seconded by Alderman Slattery RESOLVED, That the Common Council investigate the technical and financial feasibility of municipal power for the City of Ithaca and the expansion df the anticipated study by the Board of Public Works. Discussion followed on the floor. Alderman Meyer then presented the following amended resolution: RESOLVED, That the Common Council investigate the technical and financial feasibility of municipal power for the City of Ithaca and the expansion of the anticipated study by the Board of Public Works, and that this item be referred back to the Planning & Development Committee of Common Council, and ..... - 9 - June 2, 197~ 9 A vote was taken on the main motion as amended which Tesulted as follows: Ayes (6) -Spano, Meyer, Holman, Dennis, Slattery, Gutenberger Nays (3) -Boothroyd, Boronkay, Saccucci Abstention (1) -Nichols Carried RECESS: Council recessed at 8:45 p.m. and reconvened at 8:55 p.m. BICENTENNIAL COMMISSION: Alderman Nichols announced that tickets will be on sale Saturday ($3.00 adults) for the July 4th Community Picnic which is sponsored by the political parties and for which a couple of the alderman are serving as chefs. ENVIRONMENTAL cm~HSSI0N: Alderman Holman reported that the Commission's recommendations for the future course of action regarding the use of salt were adopted in part by the Bo~rd of Public Works at its last meeting and will be put into practice by that · 1ndepartment next year. The remaining item of record-keeping will be imple- U)'mented at a later date with help from the Environmental Commission. • OAlderman Holman informed the Council that beginning July 29, for 6 weeks on <tThursday nights the Commission will show educational movies on the Commons. c::tShe also said the Commission is considering a Heritage Day for the coming <tyear. CHARTER & ORDINANCE COMMITTEE: Ad Hoc Sewer Committee Resolution1 By Alderman Slattery: seconded 6y Alderman Saccucci WHEREAS, the consulting engineering firm of O'Brien & Gere has recently_ com- pleted a comprehensive sewage study for Tompkins County area needs as commissioned by the County Sewer Agency, and WHEREAS, the recommendations outlined in the report have given the Ad Hoc Sewer Committee suggested options for inter-municipal cooperation in the expansion and modernization of the City of Ithaca treatment facilities, NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby endorses and supports contract negotiations of a jointly owned and administered City/Town Sanitary Sewage Treatment facility. Discussion followed on the floor. Alderman Meyer commented that for the public record she hopes that they are careful to word the resolution to include sludge at the beginning of the study, not the end. A vote was taken on the motion which resulted as follows: Ordinance No. 76~ ~rdinance Amendin Carried 65 Entitled "Public Safet o t e 1ty o t aca Mun1c1pal o e By Aiderman Slattery: seconded by Alderman Holman BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: 11 ... - Section 1. That Chapter 65 entitled "Public Safety" of the City of Ithaca, Municipal Code is amended as follows: 1 Th.::it-c;pc-t-inn 6~_2Q Pntitled "ParkinQ: on Private Pronertv" 100 -10 -June 2, 1976 No person shall park, or permit to be parked any automobile or other vehicle upon private property without the consent of the owner or lessee. Any parcel of land not conspicuously marked 11Municipal Parking or Public Parking'' shall be deemed to be private property with regard to this section. Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried PLANNING & DEVELOPMENT co,,1ITTEE: V Tompkins County Health Serv1c~5-__ Alliance By Alderman !'Ieyer: secondeaoy Alderman Nichols RESOLVED, That the Common Council of the City of Ithaca recognizes the need for a coordinated health services approach and supports the concept of the Tompkins County Health Services Alliance, provided it recognizes and addresses the concerns of the City regarding the provision of (economically viable} primary health care in downtown Ithaca. Discussion followed on the floor. Alderman Holman moved the resolution be amended by the addition of the words "economically viable" after the word "of" in the last sentence. Seconded by Alderman Boronkay. A vote was taken on the amendment which resulted as follows: Carried A vote was taken on the main motion as amended which resulted as follows: Carried Position -Comprehensive Employment and Training Act By Alderman Meyer: seconded by Alderman Dennis WHEREAS,.the Department of Planning and Development has secured valua.ble personnel_ services through a position funded by the Comprehensiv~ E~ployment,..., and Training Act, and WHEREAS, there is some question as to the continuation of such funding, THEREFORE, BE IT RESOLVED, That the Common Council urges the County of Tompkins to investigate all possible means of continuing funds for this position, in coordination with the Director of Planning and Development. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Appointment of Margaret Haine -Administrative Secretary By Alderman Meyer: secondeaoyAiderman Hichols Carried RESOLVED, That Margaret Haine be appointed provisionally to fill the newly- created Administrative Secretary position in the Department of Planning and Development. Administrative Secretary Salary -Margaret Haine (BCA Item F) By Alderman Dennis: seconded by Alderman Spano Carried RESOLVED, That the salary for Margaret Haine, administrative secretary of Planning and Development, be established at $8,898 per annum. Ca ied - -11 - 1n1 June 2, 1976 himself. Mr. Guentert asked for the property to be put up for bid; then changed his mind and no longer wanted it auctioned. He then wanted the entrance raised up so that the traffic had to enter on his driveway. t1r. Giordano said he would like a right-of-way across the triangle so he wouldn't lose his tenant (Pepsi Cola); also that Terminal Taxi needs access. He expressed the desire to meet with Attorney Shapiro to discuss a right,of-way. The previous Planning & Development recommendation was that it be put up for bid with stipulations. However, the auction was cancelled for lack of publication of the reservations the City wanted to impose. Attorney Shapiro commented that he didn't feel the City should be auctioning property while the lawsuit is pending, and that he would meet with Mr. Giordano to discuss the matter. Boardman House Alderman Gutenberger reported a number of ideas for the use of Boardman House which the City is discussing with the County and Urban Renewal about what could be put into it and how it could be done. Apartment Ordinance/Role of Building Department lDAlderman Gutenberger reported the committee would like, by Sept. 1st, to have L.Da working draft of any proposed legislation. There was a recommendation by Qan alderman to involve neighborhood meetings in what the committee is <(Considering and the committee thought it a wise suggestion. Plan for the. <(tenants to have input will be considered also. The committee will hold up -""'for a month or so until the new Building Commissioner is here so he can be -.... involved. Alderman Gutenberger commented that the suggestion has been made that the office of the Building Commissioner be moved into the Planning Department, and this would be investigated. Architect for Peripheral Streets/Ithaca Center Courtyard Alderman Gutenberger reported the committee has interviewed three architects and has re-contacted two of them; however, as yet an architect has not been hired. BUDGET & ADMINISTRATION COMMITTEE: Request for Funds -Urban Renewal , By Alderman Dennis: seconded by Alderman Boothroyd WHEREAS, the Ithaca Urban. Renewal Agency is closing out .Center Ithaca UR ~roject .NYR-112, arid WHEREAS, it is necessary to continue the operation of the Agency until close- out, and WHEREAS, 5% of the Federal grant and 5% of the State grant are withheld until closeout, NOW, THEREFORE, BE IT RESOLVED, That $40f000 be advanced to the Ithaca Urban Renewal Agency, and BE IT FURTHER RESOLVED, That said Agency shall repay the City immediately upon receipt of their capital grant funds.· Carried Farmers' Market ' By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That there is hereby created a capital project to be known as the Farmers' Market improvements, and 102 -12 -June 2, 19 7 6 Appointment -Building Commissioner By Alderman -Uennis: seconaea by Alderman --noothroyd RESOLVED, That Mr. Thomas Hoard be appointed City of Ithaca Building Commis- sioner at a salary of $16,134 per annum, and BE IT FURTHER RESOLVED, That up to $2,000 be authorized for moving expenses, and BE IT FURTHER RESOLVED, That $2,000 be transferred from A-1990 Contingency to A-3620-433 Safety Inspection -Travel and Mileage. Discussion followed on the floor. Attorney Shapiro explained that only in- grade appointments were a concern of the Council. A vote was taken on the motion which resulted as follows: Referral of Request for Challenge Industry Truck By Alderman Dennis: seconded by Alderman Spano Carried RESOLVED, That the request from Challenge Industries for the purchase of a truck in an amount not to exceed $12,000 be referred to Human Services Coalition of Tompkins County, Inc. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Federal Revenue Shari~unds -Rpan~use By Alderman Dennis: seconaecf~ 1 ermanSpano RESOLVED, That this Common Council reaffirms its decision House to return $5,246 of Federal Revenue Sharing funds. Transfer of Funds -CDAT By Alderman Dennis: seconded by Alderman Spano Carried to request Open Carried RESOLVED, That $150 be transferred from A-1990 Contingency to A-1315-310 finance Dept. -Office Supplies. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Carried Referral of Salvation Arm~ Req!!_est By Alderman Dennis: seconed oy-Alderman Nichols RESOLVED, That the request of the Salvation Army for $8,566 for the purchase of motor vehicles be referred to Human Services Coalition of Tompkins County, Inc. Carried Request from 4-H Club Item removed from agenda. Youth Bureau Request for Personnel By Alder~an Dennis: secondeaby Alderman Spano RESOLVED, That there be established an additional pos1t1on of Recreation Supervisor in the Youth Bureau. The salary of said position not to exceed $8,161 per annum. LD LD 0 <I: <I: <:( -13 -103 June 2, 1916 A vote was taken on the motion which resulted as follows: Carried HUD-CD Funds ' Alderman Dennis presented the following resolution: WHEREAS, HUD informed the City of Ithaca that its Community Development Application for 1976-1977, in the amount of $426,000 has been approved, THEREFORE, BE IT RESOLVED, That Common Council authorizes the Mayor to execute the Grant Agreement for said funds. By Alderman Dennis: seconded by Alderman Slattery RESOLVED, That the matter be referred to the Planning & Development Committee, with power to act, on the approval of the City Attorney. Carried REPORTS OF SPECIAL COMMITTEES: S.P.C.A. Report Alderman Saccucci presented the Tompkins County S.P.C.A. Shelter Report for the first four months of 1976 for the information of the Council. UNFINISHED BUSINESS: Community Development Agency Items (1) The Agency received the annual report and the Controller's financial report. These reports are available in the Department of Planning & Development. (2) The Agency considered a proposal for a Community Home Improvement Project. (3) The Agency discussed the downtown location of a health facility with representatives of the Hospital Board of Managers and the Family Medicine Program. (4) The Agency took no action on Boardman House. Amendment of Cable Television Franchise Alderman Slattery reported that at the May 5th meeting the matter of amending 2. the Cable Television Franchise was referred back to the Charter & Ordinance Committee and the Cable Television Commission and the Chairman of the Charter & Ordinance Committee was authorized to direct the City Clerk to advertise for a Public Hearing to be held in the month that it appears the franchise will be ready for the next month's Common Council meeting. Alder- man Slattery said the Committee will be meeting June 14th. Mr. Ulloth indi- cated to Mr. Slattery that the T.V. Commisfion has completed its work but it's still in rough draft form. They will be submitting it to the City Attorney for clarification and hopefully there can be a special meeting on this sometime in June. Solid Waste By Alderman Meyer: seconded by Alderman Boothroyd RESOLVED, That the Environmental Committee undertake the task of evaluating the solid waste practices. Carried Trucks on Aurora Street v By Alderman Boronkay: seconded by Alderman Holman RESOLVED, T~at the Mayor be reque~ted to send letters to the Sheriff's De- 104 -14 -June 2, 19·76 NEW BUSINESS: Ground Water in Fall Creek Area By Alderman Boothroyd: seconded by Alderman Meyer RESOLVED, That a status report be submitted to either-the .Council or the Fifth Ward Alderman by the Supt. of Public Works by next Common Council meeting or sooner of the plans or work being done to try to alleviate the situation. Discussion followed on the floor. Mr. Arthur Cleaveland, 1207 N. Cayuga Street, spoke to Council regarding thi matter. A vote was taken on the motion which resulted as follows: Carried By Alderman Nichols: seconded by Alderman Meyer RESOLVED, That the above matter be referred to the Planning & Developm~nt Committee of Council. Carried ADJOURNMENT: On a motion the meeting was adjourned at 10:12 P.M. 1ty Cler:rc-- j ll t.t J C.t., I T(}.1PKINS CO. S.P.C.A. SHELTER REPORT l S1RAY OOGS (COl.J!'ITY) STRAY OOGS (CITI) OOGS SURRENDERED FOR AOOPTION BY OWNERS TOTAL OOGS TO SHELTER OOGS CIAIMED BY OWNERS OOGS AOOPTED TOTAL DOGS RELFASED CATS TO SI-IBLTER CATS CLAIMED OR AOOPTED COMPIAINTS RESPONDED TO: (COUNTI) i _,t (CITI) ;rit t -PHONE CALLS TO SHELTER I I. CRUELTI INVESTIGATIONS: (COUNIY) (CITY) VIOIATION TICKETS ISSUED: (CITI OF ITI-fACA) (VILIAGE OF LANSING) LOST & FOUND PET SERVICE (REPORTS HANDIJ¥)) :"' { I I Truck ~iles logged I ,, JAN. 90 54 140 284 48 45 93 99 26 193 113 1800 3 1 8 0 FEB. 88 86 165 359 65 52 117 76 36 200 138 1749 8 1 32 • (J .... MAR. 143 80 139 362 105 61 166 98 27 149 109 1908 4 3 44 7 306 (includes: 2 pigs, 3 geese, 6 horses) APTI 110 78 J22 3,989 COMMON COUNCIL PR0CEED..INGS City of Ithaca, New York 105 Special Meeting 5:00 P.M. June 17,. 1976 PRESENT: Mayor -Conley Aldermen (9) -Boothroyd, Boronkay, Dennis, GutenbergeI, Holman, Meyer, Nichols, Slattery, Spano \BSENT: Alderman (1) -Saccucci OTHERS PRESENT: Controller -Daley City Clerk -Rundle Mayor Conley explained that he called the Special meeting of the Council as Ul result of the New York State Conference of Mayors, at which the Governor, ongressmen, commissioners and other speakers requested municipalities to do hatever they could in their own communities to support legislation that ould help the operation of local government. Some of the items have been <&iade a part of the legislative program of the Conference of Mayors; munici- <:Palities all over the state will be holding meetings and calling attention d,o some of the issues so that certified copies of resolutions passed at the -:J.ocal level can be sent to assemblymen and senators letting them know how the municipalities feel about the various pieces of legislation. Also, the Mayor requested action on the City's bond resolution which requires a supporting vote of two-thirds of the Council, in addition to action on a resolution of the Bicentennial Commission. ~DDITION5 TO THE AGENDA: .lderman Holman requested permission to add to the agenda consideration of a lransfer of funds for furnishings for the Southside Community Center which ~lans on holding its opening the week of July 12. She reported that their fund-raising drive had been unsuccessful, they had received an offer of furnishings for ,the entire Center for approximately $2500; otherwise the opening will be held without furnishings of any kind. No objections were made. BUDGET & ADMINISTRATION: Bond Resolution v' By Alderman Dennis: seconded by Alderman Boothroyd A RESOLUTION PROVIDING FOR THE CONSOLIDATION AND SALE INTO ONE ISSUE -OF SERIAL BONDS AGGREGATING $5,520,000, HERETOFORE SEPARATELY AUTHORIZED BY THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR VARIOUS CITY PURPOSES. BE IT RESOLVED.; by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Of the $980,000 serial bonds authorized by bond resolution dated May 1, 1974, for the construction of a pedestrian mall in and for said City, there shall be issued and sold $735,000 serial bonds which shall mature $50,000 in each of the years 1977 to 1981, both inclusive, $40,000 in each of ~~e years 1982 to 1990, both inclusive, $35,000 in the year 1991, and $30,000 " ,..,...,,.1,.. "'.& •1--·-----.,,..,.. ..... ...__ 11"'"-• .. • --• -- - -z -June 17, 1976 inclusive, $50,000 in each of the years 1~84 to 1990, b~th inclusive, $40,000 in each of the years 1991 and 199"2, and $50,000 in each of the years 1993 and 1994, and shall be consolidated with other issues of bonds of said City as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years pursuant to subdivision ll(a) of paragraph a of Section 11.00 of the Local Finance Law, computed from May 22, 1975, the date of the first bond anticipa-,-, tion note issued therefor. Section 3. The $2,185,000 serial bonds authorized by bond resolution dated ~ September 12, 1973, for the acquisition from the New York State Urban Develop-··· ment Corporation of a public parking facility located on the north side of East Green Street in said City, shall mature $140,000 in each of the years 1977 to 1979, both inclusive, $115,000 in each of the years 1980 and 1981, $125,000 in each of the years 1982 and 1983, $120,000 in each of the years 1984 to 1986, both inclusive, $105,000 in each of the years 1987 to 1990, both inclusive, $95,000 in the year 1991, $100,000 in each of the years 1992 to 1994, both inclusive, and $110,000 in the year 1995, and shall be consoli- dated with other issues of bonds of said City as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years pursuant to subdivision ll(a) of paragraph a of Section 11.00 of the Local Finance Law, computed from February 26, 1976, the date of the first bond anticipation note issued therefor. Section 4. The $1,650,000 serial bonds authorized by bond resolution dated April 7, 1976, for the acquisition of a public parking facility located in said City, shall mature $100,000 in each of the years 1977 to 1983, both inclusive, $90,000 in each of the years 1984 to 1986, both inclusive, $80,000 in each of the years 1987 to 1992, both inclusive, $70,000 in each of the years 1993 and 1994, and $60,000 in the year 1995, and shall be consolidated with other issues of bonds of said City as hereinafter authorized. It is here~y_dete~mined that the ~eriod of probable usefulness of_t~e.aforesaid ~ spec1f1.c obJect or purpose is twenty years pursuant to subdivision ll(b) and • 21(a) of paragraph a of Section 11.00 of the Local Finance Law, cofaputed fro~ the date of issuance of said bonds, there having been no bond anticipa:tion , notes issued in anticipation thereof. • ~-~ l_j See.tion • 5. The serial bonds described in the preceding sections hereof 1··•1"~ liireby authorized to be consolidated for purposes of sale into one bond fs'-\. aggregating $5,520,000. Such bonds shall each be designated substantiallf • VARIOUS PURPOSES (SERIAL) BOND, 1976, shall be dated May 1, 1976, shall be 'ol the denomination of $5,000 each, shall be numbered from 1 to 1,104, both in- clusive, and shall mature in numerical order in the amount of $350,000 on May 1 in each of the years 1977 to 1979, both inclusive, $325,000 on Mayr in each of the years 1980 to 1983, both inclusive, $300,000 on May 1 in each of the years 1984 to 1986, both inclusive, $275,000 on May 1 in each of the years 1987 to 1990, both inclusive, $250,000 on May 1 in each of the years 1991 to 1994, both inclusive, and $170,000 on May 1, 1995, with interest thereon payable November 1, 1976 and semi-annually thereafter on May 1 and r:,Jch~~~oe:r 1. Such bonds shall bear interest at such rate as may be necessary to sell the same, which rate shall be determined in the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall be in bearer coupon form with the privilege of conversion into bonds registered as to both princi- pal and interest, and shall be payable as to both principal and interest in lawful money of the United States of America at Chase Manhattan Bank, in New York, New York, which by contract is the paying agent of the issuer. The ....,. aforesaifl m::a'tnTit-i,:>o:: rnn~♦;+u♦a +l.,.. _______ ,.._ -~ ~'--~ · •• • • 107. - 3 -_ _June/ 1 7 , 19 76 appropriation sha.J.:t---be ,nade •iu. . ..each-~ suffi.cient to pay the priptip.al of and ·interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property within said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 8. The powers and duties of advertising such bonds for sale, con- ducting the sale and awarding the bonds, are hereby deleg~ted to the City •• Controller who shall advertise such bonds fol' sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said 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. This resolution shall take effect immediately. Section 9. ~he question u Note on roll of the adoption of the foregoing resolution was duly put to a call, which resulted as follows: 0 <( <( <( Boothroyd Boronkay Dennis Gutenberger Holman Meye'.f. Nichols Slattery Spano Saccucci VOTING VOTING VOTING VOTING VOTING VOTING VOTING VOTING VOTING ABSENT Aye Aye Aye Aye Aye Aye Aye Aye Aye rhe resolution was thereupon declared duly adopted. _curnishings for Southside Communi t~ Center By Alderman Holman: seconded by Al erman Dennis Carried RESOLVED, That a transfer of funds for furnishings for the Southside Community Center be referred to the Budget & Administration Committee with power to act. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Aldermen Dennis and Gutenberger left the meeting at 5:30 p.m. SPECIAL ORDER OF BUSINESS: Pension Costs , By Alderman Slattery: seconded by Alderman Nichols Carried WHEREAS, pension costs for municipal employees have increased astronomically in the past decade, and WHEREAS, the cost of employee fringe benefits including pension costs consti- tute such a substantial portion of municipal budgets and, in fa<:·t, are equal to the· total real ,e~t;ate tax levy in some of our major cities, and 108 -4 - Section!• That this Common Council hereby acknowledges that it :(4~ors the enactment into law of those recommendations of the Kinzel Commiss:ftift. Section 2. That copies of this resolution be sent to the follctw1ng at the State Capitol in Albany: Lieutenant Governor Mary Ann Krupsak Senator Warren Anderson Senator Manfred Ohrenstein Assemblyman Stanley Steingut Assemblyman Perry B. Duryea Assemblyman Albert H. Blumenthal The New York Conference of Mayors Section 3. That the Mayor is hereby directed to personally call Senator William T. Smith and Assemblyman Gary A. Lee who represent the area in whicl-i our city is located and personally advise each legislator of the adoption uf this resolution and urge such legislator to vote in favor of such pension reform legislation. Compulsory Arbitration v By Alderman Slattery: seconded by Alderman Spano WHEREAS, the State Legislature in 1974 amended the the compulsory arbitration of impasses which occur tween local governments and police and firefighter and Carried ., Taylor Law to provide for in labor negotiations be- employee organizations, WHEREAS, this amendment is due to expire of its own term on July 1, 1977, and WHEREAS,.this association in 1974 was and now continues to be opposed to the concept of an involuntary settlement of labor negotiation disputes by a thirt- party who is neither responsible nor held accountable to the taxpayer of a local government for his actions, and WHEREAS, those individuals available as arbitrators have had little exposure to the settlement of contracts but instead are familiar with the settlement of grievances, and WHEREAS, compulsory arbitration violates concepts of democratic government by permitting a party who is not answera1 le to the electorate to make decisions affecting governmental budgets and inevitaply tax rates, and . WHEREAS, compulsory arbitration has detracted from good faith bargaining by catff~ng some employee organizations to seek arbitration early in collective netdtiations over new labor contracts; NOW THEREFORE BE IT RESOLVED: Section 1. That the Common Council of the City of It~aca, New York here assembled this 17th day of June, 1976, declares its vigorous opposition to the compulsory arbitration of police and firefig~ter labor disputes. Section 2. That the State Legislature not extend this statute beyond the date of its expiration on July 1, 1977. Sect.ion~- 109 - 5 -June 17, 1916 WHEREAS, the villages and cities of New York have used their fed~fal reyenue sharing entitl~ments in accordance with the wishes of the local citizenry, the Congress of the United States, and the needs of the community,, and WHEREAS, the cities and villages of New York have thereby exhibite~ their good faith participation in this most necessary and important fed~tll~local partnership, and ·~mEREAS, th_e integrity of the local government budgetary process depends 1pon an accurate det¢rmination of anticipated revenues, and -~HEREAS, the newly adopted congressional budgetary policy requiring annual appropriations for funding federal programs in effect undermines the ability of local officials tb determine the amount of revenue to anticipate from this source, and WHEREAS, the present and possibly future uncertainty of the continuation of the federal General Revenue Sharing Program coupled with the new congressional utudgetary process is not conducive to smooth and efficient operation of local [rfovernment, and _ OHEREAS, a significant part of the financial burden of local government has <(>een thrust upon it by mandated federal programs such as Pure Waters, Clean c::tir, Environmental Protection and Coastal Zone Management; ~JOW, THEREFORE, BE IT RESOLVED; Section 1. That the Common Council of the City of Ithaca, New York, suppnrts the New York Conference of Mayors and Municipal Officials assembled at the.ir 67th Annual Meeting do amend their .Policy Statement by amending section 1.100 to read as follows: The action of Congress in establishing general revenue sharing was highly gratifying, both as a recognition of the problems and needs of local government and as a very practical means of assistance in meeting those problems and needs. It is of the utmost importance to our villages and cities that this assistance be protected against any effort to either terminate it or dilute it. We, therefore, recom- mend most urgently that Congress not only continue the general revenue sharing progr~m for a five and three-quarter year period, but also in- clude provisiQps for full entitlement for that entire period and to prevent the ma.pdatory diversion of general revenue sharing funds to_ categorical aid programs. Section 2. That this resolution shall take effect immediately upon adoption. Carried State Revenue Sharin~ Program Formula 1 By Alderman Boothroy : seconded by Alderman Slattery WHEREAS, the present State Revenue Sb.a_ring formula constitutes an intolerable injustice to the villages of New York State, and !'.JHEREAS, various State Commissions and Legislative Committees have confirmed such inequities in the present formula, and VHEREAS, failing to properly coordinate the basis for distribution of State ?venue Sharin'1 to the fact_or.:. OT nPPt1 rP~n11rr,:,c; <:>nr1 o-f-f,-.,.,t-; c, <> ..,,. .;" ... 110 - 6 - NOW, THEREFORE, BE IT FURTHER RESOLVED: June 17, 1976 Section 1 .. • That prior to the November 1976 election, the text of both of said 'Sectt:ion,s of the Policy Statement be furnished to all candidates running for the office of New York State Legislator, with the explanation that these proposals constitute the number one legislative objective of this associatio~ of city :and village officials, and that their support for such proposals is , of vital interest to the residents and taxpayers of our cities and villages. Section 2. That this resolution shall take effect immediately. Carried Jurisdiction of the U.S. Army Cor~ of Engineers By Alderman Meyer: seconded by AI erman Holman WHEREAS, the U.S. District Court for the District of Columbia decision on the case of The National Wildlife Feder~tion v. The U.S. Arm Engineers directe t e orps to exten its respons1 1l1ty to regulate the discharge of dredged or fill material to all waters of the United States, and WHEREAS, this directive will require a Corps permit for the placement of an emb~nkment or any physical obstruction in the path of even the most minor natural water course anywhere in the State of New York, and WHEREAS, no additional funds or personnel have been added to the Corps of Engineers to expedite the permit process in anticipation of an explosion of permit requests, and WHEREAS, the obtaining of a permit is often a four to six month process already, and WHEREAS, the ability of all state and local government jurisdictions to carry out many of their functions will be severely impaired by this exten- sion of authority, NOW, THEREFORE, BE IT RESOLVED: Section 1. That the Common Council of the City of Ithaca, New York supports the New York Conference of Mayors and Municipal Officials assembled at theiTl 67th Annual Meeting by strongly urging that all members of Congress support the Breaux Amendment which is contained in section 13 of HR 9560, the Feder~! Water Pollution Control Act, as that Act is reported out of Committee. The · Breaux Amendment would return the permit jurisdiction of the U. S. Army Corps of Erigineers to its traditional control over navigable waters instead of extending its permit jurisdiction over all natural water courses. Carried Alderman Boronkay left the meeting at 5:50 P.M. v Environmental Impact Statement Law By Alderman Slattery: seconded by Alderman Meyer WHEREAS, recent years have seen the emergence of a trend to gradually erqde a municipality's right to make decisions affecting the quality of life of , its local citizens under the guise of environmental regulation, and _., 111 - 7 -June 17, 1976 structured framework conducive to the developmentof local communities and not burdensome to taxpayers, and WHEREAS, the State Legislature has abdicated its responsibility to draft a law with sufficient clarity and definitiveness to unquestionably lodge the responsibility for final decision making under such law with local government rencies; IW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca , __ J W York supports the New York Conference of Mayors and Municipal Officials assembled at their 67th Annual Meeting recommending that the State Legislature enact legislation to provide the following procedure to assure the protection of the human environment and the natural environment: Section 1. Such legislation should authorize local governments to identify all areas of interest, the natural environment being but one area of inter- t, and to clearly make local governments responsible for the development acceptable balance between social and economic factors and environmental ctors in considering proposals for the development of communities. i«Ection 2. Such balance must further the broadest general public interest C£ that interest is determined to be by each local government and its -ttcal citizens. Section 3. Such legislation should permit local governments to develop en- vironmental consideration plans within the existing framework of each local government's organization. Discussion .followed on the Council floor. nP._solut ion Alderman Meyer: seconded by Alderman Holman SOLVED, That the above resolution be referred to the Environmental Commission _Jr interpretation and report back to the Council at its July 7, 1976 meeting. Carried Disabled Firemeru--- By Alderman Meyer: seconded by Alderman Holman WHEREAS, it is the policy of the State of New York to grant generous benefits to firemen disabled in the course of fire fighting, and WHEREAS, it has been documented that some disabled firemen are abusing these privileges by (1) continuing to receive full salary after becoming "disabled," doing no work for the fire department or any other municipal department and ' securing full time employment in private industry; (2) never returning; (i) legally being prevented from returning to light duty work even though they are able to do such work; and (4) using their accumulated retirement benefits to build an estate for their survivors, and WHEREAS, such abuses result in (1) freezing promotions for able firemen by remaining on the payroll; (2) causing undermanned able fire fighting forces which increases the chances of injury to these able firemen; (3) destroying the morale of able firemen who, after years of productive fire fight~ng. must r 0 tire at a reduced retirement allowance, and 112 - 8 - Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: June 17, 1976 Carried City Attorney Shapiro left the meeting at 6:10 P.M. Pens ion Reform v By A!de~man Meyer: seconded by Alderman Slattery ~~ WHEREAS, it will cost the taxpayers $3.5 billion to fund public employee pension plans this year, or $200 for every ~person in New York State, a cost which has skyrocketed 74% in but three years; and WHEREAS, municipalities, facing shrinking tax bases and declining revenues• must cut back in every way possible on rigid expenditures and increase local government productivity or face impending bankrupt~y, and • WHEREAS, ·such public pension plans together with social security bene.fits are much more generous than those which exist in the private sector, thus placing the private sector at a competitive disadvantage for attracting employee's, and • WHEREAS, such evermounting and runaway costs of public employee pensions are a significant contribution to the continually escalating tax bill taxpayers are asked to pay, NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca, New York supports the New York Conference of Mayors and Municipal Officials assembled at their 67th Annual Meeting urging th~·st~te Legisla- ture and the Governor to act with dispatch on pension reform legislation _. proposed by the Permanent Commission on Public Employee Pension and Retire- ment Systems this year. Such retirement legislation, when integrated with Social · Security benefits, will adequately protect and compensate those in •· public service upon their retirement while removing the duplication, in- equities and unreasonable costs which presently burden the taxpayers of g£ New York State. :)vl Discussion followed on the Council floor. ~½ Avote was taken on the motion which resulted as follows: Carried Creation of Public Safet~ De~artments v By Alderman Meyer: secon edy Alderman Slattery WHEREAS, financial reports show that over one third of the costs of local governments are for public safety purposes and that the cost to local tax- payers for such programs has increased 175% over the past decade, and WHEREAS, municipal economies may be achieved by restructuring or reorganiz• ing the operations of local governments at the initiative of local govern- ments by more fully utilizing existing resources and manpower, and WHEREAS, such municipal economies will provide more effective public safety .- P!o,rams saf~guarding and protectin~ the lives and nronP.T~v n~ ln~~, -···-····-•-·--····--··-~---·~ •• 113 - 9 -June 17, 1976 NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca, New York supports the New York Conference of Mayors and Municipal Officials assembled at their 67th Annual Meeting amending their policy statement by adding thereto a new section to be section 3.106 to read as follows: The New York Conference of Mayors and Municipal Officials urges enactment by the State Legislature of legislation which would authorize municipalities in this state to create by local law at local option, a public safety department. Such public safety department legislation should provide for the provision of services regularly performed by its police and fire departments presently. Such legislation should pro- vide that each public safety employee must participate in a training program to enable a firemen to perform all or certain designated police services and to enable a policeman to per- form all or certain designated firemanic duties. Carried y erman attery: secon e y erman Holman HEREAS, several municipalities in the State of New York have been notified y their insurance carriers that their liability insurance would not be re~ <lewed upon expiration, and WHEREAS, several municipalities have found that liability insurance coverage is not available from any company at any price, and WHEREAS, there would appear to be reasons why insurance carriers are declin- ing to write policies to insure municipal governments from these risks, and ··•ttEREAS, such a practice is a distinct threat to the stability of municipal- ties across the state; NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca, New York supports the New York Conference of Mayors and Municipal Officials calling upon the Governor and the State Legislature to investigate the nature of this problem in order to determine the basis for the cancellation of liability insurance coverage and that legislation be enacted to enable muni- cipalities to obtain insurance or other protection from liability arising from claims or, in the alternative, to limit the liability that may be im- posed upon municipalities in an attempt to limit the increase in insurance costs. Carried Municipal Security Forces ✓ By Alderman Slattery: seconded by Alderman Holman WHEREAS, statistics show that despite the fact that tremendous s~ms of money. have been spent on law enforcement efforts throughout the country, the nation- al crime rate has tripled in the last fifteen years, and WHEREAS, it is becoming increasingly apparent in New York State that this ·,, state's municipalities are not able to invest large sums of additional money in law enforcement, and • WHEREAS, statistics from throughout the country indicate and prove that ·~tizen involvement in law enforcement can, if properly organized. do a ~--.&.. ;1 __ 1 • -10 -June 17, 1976 NOW, THEREFORE, BE IT RESOLVED: Section 1. That the Common Council of the City of Ithaca, New Yor~ supports the New York Conference of Mayors and Municipal Officials assembled at their 67th Annual Meeting amending their policy statement by adding thereto a new section to be section 4.107 to read as follows: The New York Conference of Mayors and Municipal Officials urges· enactment by the New York State Legislature of legislation which would authorize municipalities in this state to create by local . law a municipal security force which could be used to supplement the existing police force in such municipalities. In urging this legislation, recognition must be given to the fact that traditional concepts for the fighting of crime must give way to new, innovative concepts. This concept recognizes that there must be a greater citizen participation in the area of the prevention of crime. Municipalities which are today hard put to obtain revenues must turn to citizens, the neighborhood and neighborhood groups for active involvement and interest in the prevention of crime. Such legislation, while encouraging the participation of citizens in crime prevention, must also provide proper restraints and controls on such volunteer forces and further provide for the proper training of such auxiliary police in a way which is consistent with their duties and which is consistent with general training for police officers. Such legislation must also give authority to save harm- less and indemnify those persons who, when acting in their official capacity, give rise to a claim, demand, suit or judgment against them personally. Section 2. That this resolution shall take effect immediately. Carried \. Solid Waste~' By Alderman Meyer: seconded by Alderman Holman WHEREAS, material consumption suggests that the world's natural resources base will be subject to extreme pressures before the end of the century, and WHEREAS, cities and towns are experiencing problems with limited land fill sites, and WHEREAS, the environmental implications of the solid waste problem extend far beyond the local incinerator or dump site since they are inextricably linked to the industrial structure of the economy, and WHEREAS, even with projected increases in resource recovery, the amount of· solid waste disposal annually will increase by 30 million tons by 1985, and WHEREAS, only 7% of past consumer waste was recycled in 1972, and WHEREAS, each individual community and its solid waste practices are part of the total national economy and its solid waste problem, NOW, THEREFORE, BE IT RESOLVED: Sec~.1.on 1. That the memhershin of 'thP. r.nmmnn rnnnr; 1 n+ +ho r; +,r "'+ T+l.--- 115 -11 -June ~7, 1976 Sup~ort of HR 13138 / By!)e~man Boothroyd: seconded by Alderman Spano RESOLV:t.D, That the Common Council of the City of I-::11~ca, New York does here1::~- support the following resolution adopted by the New Yurk Conference of Maye~~= WHEREAS, the members of the ftew York Conference of Mayors are deeply con- ~erned that the residents and industries of their particular communities be irovided with the best, the most efficient and the most economical passenger lnd freight train service possible; and WHEREAS, the members of the New York Conference of Mayors are concerned that the planning process authorized by the Regional Rail Reorganization Act of 1973 be so conducted as to produce the optimum tail system; and WHEREAS, the officers and Counsel of the New York Conference of Mayors have coordinated their efforts in this regard with the Commissioner of Transpor~ 1 ,..tation of the State of New York and the Staff of the New York State Depart- Ument of Tra··sportation, which coordination included conferences at the De- L.O>artment of Transportation in Albany, testimony at Interstate Commerce Com• Qtission hea~ings in Washington, D.C. and testimony at Interstate Commerce c:::fommission hea: ings in the City of Albany; and c:::tmEREAS, the Officers of the New York Conference of Mayors concur with the <t~mmissioner of Transportation in his endorsement of the federally designed plan for reorganizing the northeast rail network conditioned upon the pur- chase of the bankrupt Erie Lackawanna railway company by the profitable, well- manag~d Chessie system; and WHERE.~.s, when this and other acquisitions by solvent railroads failed to materialize, ConRail, the federally created and supported carrier, took over virtually all bankrupt rail properties in the northeast on April 1; and IHEREAS, the Officers and members of the New York Conference of Mayors do ~t endc~se a reor3anized network in which 95% of the New York State rail traffic is handled by ConRail, and the five largest cities in the State no long3r havp competing rail service; and WHER:AS, legislation, designated HR 13138, supported by the Commissioner of Transportation of the State of New York, has been introduced into Congress, pursuant to which: ConRail would be prevented for one year from liquidating any property origi- nally intended for conveyance to a solvent carrier which would keep the vital Erie Lackawanna system intact pending negotiations for purchase from ConRail by Chessie or any private operator; &nd pursuant to which: HR 13138 corrects the labor inequities present in the prevailing law by enabling acquiring railroads to offer employees of the lines being acquired the same labor protection that ConRail affords them; and pursuant to which: an acquiring railroad would be able to offer employment to any ConRail mployee whom it deemed necessarv for the effi C:; f'!n't nnP.T"A1" inn n~ t-hA n-rnnr.>-r-~ ·r 116 June 17, 1976 WHEREAS, the !"'.esoleticns Cc,i.:::ti·>tee of the Confe:~e ::--.ce of M,r'Jrs has reccrn.- mend~d that the Conference membership adopt a resol11~~0~ approving, entlJrs- ing ~nd supporting passage of HR 13138; NOW, THEREFOPE, BE IT ~ESOLVED, That Section l. The memb~Ts of the New York Conference of Mayors in annual con- ference ascembled do nereby approve, endorse and urge the speedy passage by the Congrtss, and the enactment by the President of the United States, of that l~gislation designated HR 13138; and that Section 2. The members of the Conference in annual convention assembled ~prrise the memoer of the United States House of Representatives represent- in~ h:s distri~~ of this action and request the support of that Congressman; and that Secti -n 3. The Sec~etary of the New York Conference of Mayors be directed to ap .. ,r~ ::;e t':'10 UnitP~ States Senators from the State of New York of this eict ;_or and reo 11est their assistance; and that Section 4. Th~s resolution shall take effect immediately. Carried MAYOR'S cnMMlJNTCATIONS Fourth of Juli Picnic Mayo: Co:.ley reported that Mrs. Anne Jones asked that he make a public pl,:;;q at th~ Council ~eeting for people to buy tickets for the picnic at Stewart · Park from 2:30 to 7:00 p.m. or whenever they light the flares. Th~ tickets will be $3.00 for adults and $2.00 for children. Tickets can be obtained from the Bic3ntennial Commission, Anne Jones and Ethel Nichols. Mrs. Jones als) asked Mayor Conley to line up five councilpersons who will be in tcwn on che 4th to be at the signing of the second declaration of independence -at the old court house at 12:00. The Mayor will represent Thomas Jefferson (in co~tume) and the others will represent Ben Franklin, R. L~vingstone, etc. Mrs. Jones would like to have it arranged before June 28th so ·':hey can be in costume and have their pictures taken for the Ithaca Journal. Mrs. !ones suge~sted they make up their own costumes -roll up the pants - wear .. on~ white socks -black vest -white shirt with ruffle -silv-;,r foil buckle for shoes --if there is any p:-oblem or question with the c0st1..•me, call Mrs. Jont:; . PROCLAMATION WHEREAS, on this two-hundredth anniversary of American Independence every citizen :hould realize that the American expe:·iment in democr~cy has pro- duced the largest measure of freedom and the highest standard of living fo~ more people than any other nition in the world, and WRERP~S, it is especially fitting that these days of 1976 bP-d'3votecl tc setting_as~de ~ur pol~ti~al and soci~l di~ferences an~ un~ting to ~cc~aim rh~ hA~ir AmP~,r~n n~1nr,nl6~ h~ ~ r•+••--•~---1-L--~-------------~---_r > I --/ -13 -June 17, 1976 Resolution By Alderman Nichols: seconded by Alderman Slattery RESOLVED, That Mayor Conley be authorized to sign said document. Carried 0JOURNMENT ~n a motion the meeting was adjourned at 6:38 p.m. LO LO 0 <:( <:( <:( Edward J. Con~Mayy 117 COMMON COUNCIL PROCEEDINGS City of Ithaca. New York 119 Regular Meeting 7:30 P.M. July 7, 1976 PRESENT: Mayor -Conley Aldermen (9) -Boothroyd, Boronkay, Dennis> Gut•nberger~ Holman. Meyer, Nichols. Slattery, Spano SENT: derman (1) -Saccucci OTHERS PRESENT: Deputy Building Commissioner -Jones Director of Youth Bureau -Cutia Supt. of Public Works -Dingman DGE OF ALLEGIANCE City Controller -Daley Chief of Police -Herson City Clerk -Rundle on ey le a present in the pledge of allegiance to the American flag. (i?J>ROVAL OF MINUTES '6(Alderman Nichols: seconded by Alderman Boronkay i!BOLVED, That the Minutes of the June 2 and June 17, i:t recorded by the City Clerk. Alderman Saccucci Absent 1976 meetings be approved Carried Mayor Conley explained to Council that Alderman Saccucci telephoned him to ex- plain that he does feel better following his recent heart attack, but his doctor has restrained some of his activities and advised him against attending tonight's Council meeting. J )ITIONS TO THE AGENDA l lget & Administration Committee ~_Jerman Dennis requested permission to add a resolution which will allow the Youth Bureau to amend the Youth Service Contract with the N.Y.S. Division for Youth for 1976, so that two programs at GIAC will be reimbursed. No Council member objected. Charter & Ordinance Committee Alderman Slattery requested permission to include a proposal to send to a committee the proposal from Value Management Consultants, Inc. in regard to a personnel policy. No Council member objected. DELETIONS TO THE AGENDA Budget & Administration Committee Alderman Dennis requested permission to delete Item A on the Agenda· an agree- ~ent for data processing in the Traffic Violations Bureau. Planning & Development Committee Alderman Gutenberger requested permission to delete Item Kon the Agenda - Community Block Grant Agreement. ~ Council member obiected. 120 - 2 - Mayor Edward J. Conley and Members of Common Council City of Ithaca Ithaca, New York 14850 Dear Mayor Conley and Members of Council: July 7, 1976 - At the June 25th meeting of the Commons Advisory Board considerable time was , spent on discussion of the limited use of the Green Street parking garage. I. : Numerous examples were given of shoppers who said they either hadn't yet dis--~ covered how to get into the structure or had experienced some confusion the first time they tried to get out. We realize that it will take a period of time before residents become familiar with the parking procedure in the Green Street ramp and feel comfortable there. For first time users and the many Ithaca visitors, however, we feel that a~ effective graphic directional system, even though this be temporary, is imper- ative at the earliest possible time, hopefully within the month. I have been directed by the Advisory Board to communicate to you, the Planning Board and the Board of Public Works our concern over an immediate solution to this problem. We understand that a graphics system for the garage is being prepared now by the planning department. We urge that every effort be made to expedite the design and installation of these signs. If there is anything that we, or the Commons Design Advisory Team (CDAT) can do to help solve this problem please call on us. Very truly yours, /s/ Tom Niederkorn Thomas Niederkorn Chairman -Ithaca Commons Advisory Board . I Mayor Conley reported to Council that the problem referred to in Mr. Nieder-• korn's letter was discussed at a recent staff meeting. The staff recognizes that we do have some problems as far as the Ramp is concerned and other matters relating to it. Preliminary work is now being done at the staff level and it will be taken to the Planning & Development Committee and brought back to Cou~ cil in the way of a firm position of the staff. 1IA Discussion followed on the Council floor. It was determined that action would be taken on this matter within the month. Funding for the YMCA Drop-in Center City Controller Daley read the following letter addressed to Mayor Conley and the members of Common Council from Thomas Niederkorn, Chairman of the Commons Advisory Board: TO: The Mayor and Common Council Members ATTN: Mr. Joe Rundle, City Clerk To be read at the Common Council Meeting, July 7, 1976 Based on recommendations by the Human Services Coalition, the YMCA Drop-in ,.., o !I n""".lr " ~ AA, • ,r .-. ... -~ • • +.-------_,. __ - 3 - Discussion followed on the Council floor. July 7, 1976 The matter of funding for the YMCA Drop-in Center was referred to the Budget and Administration Committee to be brought before Council at the August meeting. Carried Request for Ceracche TV Rate Increase 121 City Clerk Rundle read the following letter addressed to City Council from Robert and Ruth Raimon: 321 Mitchell Street Ithaca, New York July 5, 1976 1rl=ity Council • U)~thaca, New York Cxentlemen: ~ ~This is to urge you _..order that we might ~e available. to grant Ceracche his requested monthly rate increase in have access to the additional channels that would then Very sincerely yours, s/ Robert L. Raimon s/ Ruth A. Raimon Request for horse-shoe pits in Cass Park :ity Clerk Rundle read the following letter addressed to Mayor Edward Conley ind the Common Council from Gregory Kasprzak, Chairman of the Ithaca Bicen- tennial Commission: To: Mayor Edward Conley and the Common Council From: G. Kasprzak, Chairman Bicentennial Commission The local horse-shoe pitching organization is interested in conducting their regional competitive events at the Barge Festival site while the Bicentennial Barge is in Ithaca. The organization, led by Mr. Mario Guidi, is willing to donate labor in constructing the pits for the above purpose. The necessary materials, however, will have to be provided from another source. It is therefore requested that four horse-shoe pits be constructed in the Cass Park area and be paid for from the Bicentennial Events Budget. These horse-shoe pits will become permanent city equipment. The cost per pit is $75,00, therefore, a total of $300.00 is requested. The above request has been discussed with individual members of the Commis- sion who support this expenditure. There has been no action by the entire commission. 122 -4 - Conley and Members of the Council from Thomas Niederkorn, Chairman of the Board of Trustees, Center for the Arts at Ithaca, New York: Mayor Edward J. Conley and Members of the Council 108 East Green Street Ithaca, New York 14850 Dear Mayor Conley and Members of the Council: The purpose of this letter is to request an allocation of City Revenue Shar- ing funds for site work at the Hangar theater. As you know the Center for the Arts has invested approximately $100,000 in interior renovation of this facility and we anticipate that an additional $10,000 to $12,000 will be spent on improvements to the building this summer. Building renovation work will continue in the years to come until it is completed. This request is not for assistance for the building but for the site on which the building is located. Because the site is flat and only a few feet above lake level storm water drainage has always been marginal. Since the construction of the marina surface drainage has become worse and now even a small rain produces large ponds of water that will not drain off properly. This, of course, has the affect of making pedestrian access to the site very difficult and unpleasant and, at times, almost impossible. At one time there was an underground storm water drainage system serving the site. This apparently is plugged up and it is no longer functional. The Department of Public Works has been attempting to open this system for over a year but has so far achieved no success. It is fair to conclude that the system needs to be replaced so that surface water has an opportunity to drain into the ditch along Taughannock Boulevard. Access to the site and parking in the vicinity of the theater is also very bad and, on the north side of the building, has steadily deteriorated since- marina construction began. Proper driveways, parking areas, walkways and some landscaping need to be provided around the building. This will improve~- access, improve the visual quality of the site and make this area comparable to the rest of Cass Park and the Treman Marina in terms of appearance and convenience of use. Except for the site problems mentioned above and the external appearance of 1 the building, which we hope to correct eventually, renovation of the theater has been an unqualified success. The suitability of this space for a wide variety of community purposes is beginning to be apparent. This summer, for example, there was a concert by the Ithaca Community Chorus and we will have plays by the Ithaca Repertory, the Crystal Theater, by members of the Tru- mansburg High School Thespians and, hopefully, a dance performance by an Ithaca ballet troupe. In addition, the building will be used on several July mornings to show films for the children attending the Youth Bureau Day Camp and films are to be shown during the appearance of the Bicentennial Barge in August. I have already found that it is tight scheduling all the activities which have been proposed for this building. Its community value is rapidly becoming es- tablished and it seems reasonable therefore, to request that a portion of City revenue sharing funds be allocated for external improvements as outlined in this letter. - -5 -July 7, 1976 large variety of community purposes. building properly enclosed and heated round basis. Only then will the full realized. Ultimately, our hope is to have the so that it can be used on a year- potential of this unique facility be It is my hope that the City will consider it appropriate to help us achieve our objectives by funding needed site improvements. This will help to nrotect the investment that has already been made and will greatly improve ~he convenience, attractiveness and usefulness of this facility. Estimates for the work prop 09ed are based on the best information available at this :ime and I realize that this request entails a major capital expenditure on the Hangar site. Ideally, most of the work would be undertaken this summer but a staged project could be worked out if necessary. I will be pleased to provide any additional information that may be necessary in the review of this request. Very truly yours, l.()'s/ T. Niederkorn L..f'Ihomas Niederkorn c:fhairman -Board of Trustees <C <( <C Item HANGAR THEATER SITE IMPROVEMENT SCHEDULE 1. Rebuild storm drainage system 2. Driveways and parking areas (8" bank run gravel, compacted w/oil surface) 3. Walkways (Bituminus concrete on 6" gravel base) 4. New fill around building and driveways S. Seeding and minimum landscaping TOTAL COST Lump sum allocation. Estimated Cost $ 5,000.00* 16,300.00** 2,800.00 1,200.00 3,000.00 $ 28,300.00** * ** Could be reduced by approximately $4,800.00 if driveway and parking areas on north side of building are constructed by the State as part of the marina project. Theoretically this is to be done by the marina contractor but , at this point, it is not assured. Resolution By Alderman Boothroyd : seconded by Alderman Spano RESOLVED, That the request for Revenue Sharing Funds for improvement of the storm drainage system and the driveways and parking areas, etc. of the Hangar Theater area be referred jointly to the Planning & Development and Budget and Administration Committees for consideration. Carried PETITIONS AND HEARINGS OF PERSONS APPEARING BEFORE COUNCIL Fall Creek Area Ground Water Problem Alderman Boothroyd reported as follows: Historh -The earliest records of the Department of Public Works indicate that there as been a problem of ground water running into and sometimes flooding )asements in the Fall Creek area. The basements affected are principally 1..1-___ .!-.._,__ --..... -1...-••-..l-..l _....__..., __ ,,. k,,. ~T--+\... ry,..;"rr"' C+--w-An+--nn._..+'ho-:ac+o-r1,r 'h.,7 - 6 -July 7, 1976 R. J. Martin, P.E. of Vestal. Mr. Martin conducted intensive interviews with residents of the area and prescribed a series of measurements of lake level, stream level and ground water level which were carried out during the '73 -'74 season. Mr. Martin produced a report under date of November 1974. This report was presented to the Board of Public Works, residents of the area, and other interested parties at a public meeting in January of 1975. A note made at the time of the public meeting indicates "the hearing went well ex- cept most residents felt dredging and dynamite was the only answer, but agreed that keeping the lake level down was probably a suitable substitute for these.n Mr. Martin's report of November 1974 includes the following conclusions: 1) There is a troublesome ground water problem in the area. 2) The ground water problems affect about 25% of the homes in the area. These homes are mainly contained in a diagonal area approxim~tely 300' wide running from the area between Cayuga Street and Tioga Street on East Jay Street and westerly of Cayug~ Street. 3) Ground water flows northwesterly through this corridor toward the lake. Ground water elevations in this corridor normally vary as much as 3 ft. dur- ing the season, and in some instances show even greater variation. The study also shows that the rise in the ground water nearer to Fall Creek is directly related to the rise in the level of the surface of Fall Creek. 4) Structural measures to overcome the high water table would entail an expensive collector system in East Jay Street, West Jay Street, and in the vicinity of Fall Creek. Water so collected would have to be pumped to dis- charge. Other Studies -In 1975 the Department of Environmental Conservation inquired • whether the city had any objection to the de-authorization of a 1936 flood protection project on Cascadilla Creek and Fall Creek on which no action had been taken in the intervening years. As a result of a discussion of this problem with the Corps of Engineers and with the Department of Environmental .... Conservation, the Board of Public Works indicated that there was no objection to such de-authorization provided the Corps of Engineers would review these ~- two creeks within the City of Ithaca under Section 205 of the Flood Control Act. Such a study was planned for the spring of 1976 1 and the collection of, information begun. In April of 1976 the Corps of Engineers advised the city t that due to budgetary constraints no further action would be taken on the t scheduled studies of Cascadilla and Fall Creeks. The Department of Environmental Conservation has now advised the City Engineer that the US Department of Housing and Urban Development will undertake hydrau- lic surveys on Fall Creek in connection with its studies of flood plain plan- ning. The surveys are scheduled to start in August of 1976, with the first data available in January of 1977. It is expected that a final mathematical model will be ready in April of 1977 which may make it possible to design long-range improvements to Fall Creek. The Department of Environmental Con- servation will present its plan for the study to the city early in August of this year. Department of Public Works Action 1) When water levels permit, the Department of Public Works will remove gravel bars and regrade the bottom of Fall Creek from approximately 200 ft. downstream of the Lehigh Valley Railroad bridge to a point approximately 200 ft. upstream of Cayug~ Street in connection with the construction of a pro-_, posed water linP in ~hP hP~ n~ Pa11 r-o ~~ - 7 - July 7, 1976 keep the groµnd water level 2 or 3 inches below the cellar floor level. The folldwing Fall C~eek Residents spoke to Council pointing out the many problems which they have encountered, and made suggestions for a possible solution. Arthur Cleaveland, 1207 N. Cayuga Street Jack Bacon, 110 W. Fall Street Robert Nobles, 112 E. Falls Street Ernest Grosser, 102 West Falls Street Leonard Ferris, 104 Short Street Bob Williams, 109 E. Falls Street Discussion followed on the Council floor. Mayor Conley stated that he will attend a special meeting of the Fall Creek residents which is planned for July 22, 1976. He will get all of the avail- able data possible and make sure.that city representatives are there to Lnpecifically answer exactly what we are faced with as far as the ground water IJ)roblem is concerned. We will come back to Council with a recommendation; Qhether it is funding or whatever, so that Council will be able to act upon c:t-t. ~ayor Conley further stated that at the present time Council does not know <Ii.ow to deal with the total problem. HUD will also be represented at this special meeting to tell us what they can do about a permanent solution. Mayor Conley agreed with Mrs. Leonard Ferris's suggestion that he and other city officials make a personal tour of homes in the area which are affected by the ground water problem before the July 22nd meeting. Telephone System 'he following people spoke before Council expressing their views in reference :o the City's decision to buy a private telephone system: Mr. Thomas Kanaley, 920 N. Tioga St., Manager of the N.Y. Telephone Co. Mr. Harry Bortz, 28 Ladoga Park, Lansing, N.Y. -Asst. Vice President - CWA -Local !III & a taxpayer Mr. Leonard Ferris, 104 Short St. Mr. Bill Hogan, Pennsylvania Ave., Trumansburg, N.Y. -Communication Analyst, N.Y. Telephone Co. Mr. Jason Whitman, 117 E. York Street Mr. Max Mattes, All-~ode Telephone Company Representative MAYOR'S APPOINTMENTS Mayor Conley announced the appointment of Mr. Truman Powers, 201 E. Yates Street, Ithaca, N.Y. as Civil Service Commissioner for a six year term to expire May 31, 1982. Resolution By Alderman Boothroyd: seconded by Alderman Boronkay RESOLVED, That Mayor Conley's appointment of Truman Powers for a period of six years, to the Civil Service Commission be approved by this Common Coun- cil. Carried ·ayor Conley announced the appointment of Mr. Lee Davenport, 303 Eastwood -8 -July 7, 1976 and C.S.E.A. and Laborers~ In addition, there has been a challenge as far as the laborers are concerned, C.S.E.A. has challenged and there will be an election Thursday afternoon by the laborers to see who will represent them, either the C.S.E,A. or their present International Assn. Bond Issue Controller Daley reported that word was received today that a definite date """""'· will be received Friday for when we will receive ·bids on our bonding package of some 5 + million dollars. We also will be receiving our prospectus. Hopefully this will be true so we can set a definite date for selling these , bonds. 1977 Budget Work sheets were sent out to all department heads for the 1977 budget, in · June. These are returnable according to the new Administrative Code by Sept- ember 1st. In addition we have two B.A. students from Cornell working with the department heads on your program budgeting. We are striving to get 100% by 1978. We will see some advancement in program budgeting by 1977. BUDGET AND ADMINISTRATION COMMITTEE New Telephone System By Alderman Dennis: seconded by Alderman Slattery RESOLVED 9 That $51,000·be transferred from A1990 Contingency Account to a capital project to be known as New Telephone System. Carried Payment in lieu of taxes By Alderman Dennis: seconded by Alderman Holman RESOLVED, That $3 ,256.34 be transferred from A1990 Contingency Account to A1989 for purposes of distribution of payment in lieu of taxes to other taxing jurisdictions. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried ~ Firefighters Association Local 737 By Alderman Dennis: seconded by Alderman Boronkay RESOLVED, That the Firefighters Association Local 737 be and they are hereby designated the sole representatives of the Ithaca Paid Fire Department ex- clusive of the Assistant Fire Chiefs, Deputy Fire Chief and the Chief of the Fire Department for collective bargaining purposes. Carried ~-change in 1976 Tax Assessment Rol_f By Alderman Dennis: seconded by Alderman Meyer WHEREAS, the 1976 tax roll for the City of Ithaca included a consolidation of a parcel known and numbered as 10-92-8-7.3 and 10-92-8-5, and WHEREAS, Parcel 10-92-8-5 does not exist, and WHEREAS, Pursuant to section 554 (sub 4A) of the Real Property Tax Law, the Director of Assessments has investigated this problem and recommends said change 1 -9 -July 7, 1976 may apply for reimbursement up to the maximum state aid allowed for in these two programs, and 12$7 BE IT FURTHER RESOLVED, That the City of Ithaca will make application for said/funds when the contract has been duly executed. state Discussion followed on the Council floor. \ vote was taken on the motion which resulted as follows: Carried CITY ATTORNEY'S REPORT City Attorney Shapiro reported that Mrs. Helen and Edgar Amdur have agreed to permit the Youth Bureau to run some programs on a small parcel of land in Dryden. They ask that the City enter into a Hold Harmless agreement so that if there is any claim arising from this use of the land, should anyone get .Jiurt out there, they don't have a law suit on their hands. We are covered Uhnder insurance coverage for such use of the land. City Attorney Shapiro l.!)tated that he has drafted such a Hold Harmless agreement and is asking Qouncil to give Mayor Conley authorization to sign such an agreement on be- <talf of the City. c:::lp_esolution <lBy Alderman Boothroyd: seconded by Alderman Holman RESOLVED, That Common Council authorize Mayor Conley to enter into such an agreement with Mr. & Mrs. Edgar Amdur on behalf of the City. Carried Recess Council recessed at 9:18 P.M. Reconvened at 9:25 P.M. )LANNING AND DEVELOPMENT COMMITTEE ~ute 96 -ProRress Report~ Alderman Guten erger reported that Planning Director Van Cort has attended meetings held by the State in regard to the Route 96 progress. The environ- mental work has been done. They have designated the location of the corri- dor. There is another meeting scheduled the first part of September, which he will be attending. The Planning Department is staying on top of this matter so the City has their input into the various steps as we go along. Mayor Conley stated that he has asked the Planning Board chairman and the Planning Director to organize within the City itself to look at the overall situation -therefore developing a united front at any public meetings. Discussion followed on the Council floor. Challen e Industr -Glass on 1 roy, Director o a lenge n ustr1es, spoke to the Council. He in- vited Council members to visit Challenge Industries to see what is being done in the glass recycling center. He also stated that there will be a push in the public relations department this fall as regards the glass recycling center. Task Force on Municipal Power V -10 -July 7; 1976 Bikeways Alderman Gutenberger reported that the streets in the City of Ithaca are not wide enough to be used as part of the Bikeways system. It was felt that the north end of town would lend itsel£ to a bikeways system. The Committee is working now on the problem of getting across Fall Creek. As it stands at this time, the Bikeways system will probably not include the whole City of Ithaca, just the north end of town. P~ripheral Streets Architect Alderman Gutenberger reported that the Architect Selection Committee has made their choice of the architect for the Peripheral Street project and it•~ should now be referred to the Planning and Development Committee and the City Attorney for study. Resolution By Alderman Holman: seconded by Alderman Dennis RESOLVED, That Council refer the selection Committee 1 s recommendation of an architect for the Peripheral Streets project to the Planning and Develop- ment Committee with the power to act on behalf of Council. Carried Hancock Street Alderman Gutenberger reported that this matter is still in the hands of t~e attorney. Bicentennial Barge Alderman Gutenberger reported that some consideration was given to purchas- ing the Bicentennial Barge. Mayor Conley stated that it has already been purchased by the person who sold it to the State originally. Auburn Park Alderman Gutenberger stated that we have, in fact , received our grant for B.O.R. money but are awaiting the final word in black and white before we can proceed with the work: 1036 W. Seneca Street Alderman Gutenberger reported that the building at 1036 W. Seneca Street is~ being disposed of by the County and it is felt that the city may have an interest in the property. Resolution By Alderman Gutenberger: seconded by Alderman Dennis WHEREAS, the building at 1036 W. Seneca Street, presently located on Floral Avenue, is the only building on the east side of Floral Avenue from State Street south for some 1/2 mile, and WHEREAS, the property which said building is located on is the only land in said area which is not developed with a park-like atmosphere, and WHEREAS, the County of Tompkins is now preparing to dispose of said building and land, NOW, THEREFORE, BE IT RESOLVED, that the City Attorney be directed to enter into negotiations with the County for purchase by the City of the land and,-,,,, building. Ln Ln 0 c::x: <I: <I: 129 -11 -July 7, 1976 UMTA Transit Development Project -Amendment "' By Alderman Gutenberger: seconaea By Ataerm.an Dennis WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obliga- tions upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assur- ance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder: NOW, THEREFORE, BE IT RESOLVED, by Common Council of the City of Ithaca, New York 1. That the Mayor is authorized to execute and file an application on be- half of the City of Ithaca with the U. S. Department of Transportation, to aid in the financing of the purchase of 1 45-passenger bus, 3 33-passenger buses with kneeling feature; purchase of a system of bus graphics; design and construction of three ·large• be-at'ed biis:-;-~elj:erk-:t~cntmown ~-purch.ase ~f 17" small bus 1heltei's fot·q_ther bus stops in the City; construction of a bus maintenance & storage facility; & site acquisition for the bus facility. 2. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the Planning Director, is authorized to furnish such additional information as the U. S. Department of Transportation may require in con- nection with the application or the project. Council recessed at 9:50 P.M. Reconvened at 10:00 P.M. CHARTER & ORDINANCE COMMITTEE Cable Television Franchise i Carried Alderman Slattery read the following letter which the Charter & Ordinance Committee presented to Council: To: The Common Council From: The Charter & Ordinance Committee Date: July 7, 1976 You now have before you once again the latest draft of a recommended Cable TV Franchise. It is unfortunate that Mr. Ceracche was unable to attend the last two meet- ings of the Cable Commission and the Charter and Ordinance Committee and was therefore unable to provide his input and voice his concerns to both bodies while this matter was being discussed. He has indicated to this chairman the need and urgency of final passage and ~<lontion of a revised franchise. He has been kind enouQh to orovide us 130 -12 -July 7, 1976 While objections to the terms and conditions of the franchise as recommend- ed can possibly be raised, regulation must be imposed by this_Common Coun- cil if we are to fulfill our role as representatives of the City of Ithaca and advocates of the public interest. If the experience of providing the new proposed services to cable subscrib- ers proves to impose a financial burden on the Corporation after a reason- able period of time (1 year) then a new rate structure should be considered~- by this Council based on audited financial statements. It is our belief and contention that the rates and terms are fair and rea- sonable as drafted and the Charter and Ordinance Committee brings this franchise to you in this spirit and with its unanimous recommendation. Sincerely, /s/ Don Slattery Don Slattery, Chairman Charter & Ordinance Committee Discuss"ion followed on the Council floor. -- Alderman Slattery reported that he has since been contacted by Mr. Ceracche to the effect that he has additional information which he would like to supply the Commission and Committee. In all fairness to Mr. Ceracche, since he was unable to meet and make the last two meetings, it would seem that perhaps the easiest way to hear his concerns would be before the Com- mittee as a whole. Resolution By Alderman Slattery: seconded by Alderman Holman WHEREAS, The City of Ithaca Cable Commission has reported their recommenda- tions for a revised Cable TV City Franchise to the Charter & Ordinance Committee of the Common Council, and ..._ WHEREAS, Their recommendations have been accepted unanimously by the Com- mittee 9 NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby accepts the recommended franchise as drafted and establishes the date for a Public Hear- ing on Wednesday, July 28, 1976 at 7:30 P.M. in Common Council Chambers, 108 E. Green Street, Ithaca, New York to be advertised by the City Clerk as required. Alderman Slattery pointed out to Council that this Resolution is acceptance of the drafted franchise but not passage of that franchise. At the public hearing it will be the intention of the Committee to call for a vote on the final franchise at that time. In the meantime, it is Alderman Slattery's understanding that we have to have a final version in the hands of City Councilmen 7 days, exclusive of Sunday, so between now and July 20 we would have to resolve a final draft and, hopefully, this is it. Alderman Slattery further stated that he is moving this resolution with the understanding that we are not passing this but simply accepting it at this time and it will be voted on at the public hearing to be held on July 28, 1976. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Ln LO 0 <( <( <( 131 -13 -July 7, 1976 That Sec. 55.11 of Chapter 55 entitled "Fire Prevention11 is hereby amended to read as follows: "Sec. 55.11 Adoption of Fire Prevention Code There is hereby adopted by the Common Council of the City of Ithaca of the County of Tompkins and State of New York, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion 9 that certain code known as the Fire Prevention Code recom- mended by the American Insurance Association, being particularly the 1976 edition thereof, annexed hereto and made a part hereof, and from the effec- tive date of this Chapter, the provisions thereof shall be control- ling within the limits of the City except such portions as are hereinafter deleted, modified or amended by Sec. 55.17 of this Chapter." SEC. 2. EFFECTIVE DATE This ordinance will take effect immediately and in accordance of law upon publication of a notice as provided in Sec. 3.11 (B) of the Ithaca City Charter. Carried Amendment to Zoning Ordinance Amending Chapter 30, SEC. 30.58 By Alderman Slattery: seconded by Alderman Nichols ORDINANCE NO. 76 -~ ;,,-, BE IT RESOLVED, That Ordinance No. 76 -~ Chapter 30 entitled 'Zoning' of the City it hereby is introduced before the Common New York, and entitled "An Ordinance Amending of Ithaca Municipal Code" be and Council of the City of Ithaca, BE IT FURTHER RESOLVED, That the Common Council shall hold a Public Hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, at 108 East Green Street in the City of Ithaca, New York on Wednesday the 4th day of August, 1976 at 7:30 P.M., and BE IT FURTHER RESOLVED, That the City Clerk give notice of such public hear- ing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in gen- eral terms describing the proposed ordinance. Such notice shall be publish- ed once at least five days prior to the public hearing, and BE IT FURTHER RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for its report thereon as follows: AN ORDINANCE AMENDING CHARTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York 9 as follows: Sec. 1. That Section 30.58, subsection c, paragraph 6 is hereby amended by the addition of the following wording to the end of said paragraph 6: 11 If an interpretation is requested by a person other than the owner or 132 -14 -July 7, 1976 ✓Waste Water Treatment Facilities By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That the Common Council of the City of Ithaca adopt the Plan of Study of the Waste Water Treatment Facilities of the City of Ithaca pre- pared by O'Brien & Gere Engineers in June 1976, and authorize the Board of Public Works and the Town of Ithaca to proceed with the Engineering selec- tion process and Step I Grant application for the City of Ithaca and on behalf of the Town of Ithaca provided for by said Plan of Study. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Value Management Study By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED ) That consideration of the Personnel Procedure Manual put out by Value Management be referred to the Budget and Administration Committee. "ENVIRONMENTAL COMMISSION Resolution By Alderman Holman: seconded by Alderman Meyer Carried WHEREAS, members of this and other communities are experiencing a decrease in the quality of environment, and WHEREAS, this decrease in the quality of environment is in large measure the result of unintended negative effect of construction and development, and WHEREAS, there is a need for full understanding of the effect upon the en- vironment of proposed development, and WHEREAS, all agencies at whatever level should conduct their affairs with a awareness that they are stewards of the air, water, land, and living re-~- sources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations, NOW, THEREFORE, BE IT RESOLVED, that the City of Ithaca supports the con- cept of environmental analysis prior to entering into projects and supports the process of environmental review as set forth in the State Environmental Quality Review Act. Discussion followed on the Council floor. A vote was taken on the resolution which resulted as follows: Carried BICENTENNIAL COMMISSION Alderman Nichols reported on the Rose Festival which was held June 20th. She also stated that the July 4th barbecue was a great success. Some of the Aldermen spent the day barbecuing the chicken since 600 or more people came. Alderman Nichols reported that the upcoming work is connected with the ar-~ LD LO 0 <t <t <t -15 -July 7, 1976133 Item 2 Alderman Dennis reported that they are presently dividing up $7,300. between the E.O.C. for a truck and tools for the home repair program which ties in. E.O.C. is presently seeking bids on the truck. Item 3 -request for $55.00 for the painting of two murals. Discussion followed on the Council floor. NEW BUSINESS Mayor's Conferences -New York State Conference of Mayors and Municipal · Official's Resolution of Appreciation to Edward J. Conley Alderman Gutenberger read the following resolution from the Mayor's Confer- ence: WHEREAS, The Hon. Edward J. Conley, Mayor of the City of Ithaca, New York has served with humor, honor and imagination as president of the New York State Conference of Mayors and Municipal Officials from June 1975 through June 1976, and WHEREAS, This 1976 Annual Meeting marks the conclusion of Mayor Edward J. Conley's term of office as Conference president during which term Mayor Conley's steady leadership and actions as Conference President and on behalf of the Conference of Mayors has enhanced the prestige of the Conference of Mayors through his numerous and active contributions to its activities and WHEREAS, Edward J. Conley greatly deserves the appreciation and gratitude of city and village officials throughout the state for the time and leader- ship he has generously contributed to the promotion of city and village government in this state. NOW, THEREFORE, BE IT RESOLVED, That the membership of the New York Con- ference of Mayors and Municipal Officials here assembled, hereby conveys to Edward J. Conley its heartfelt thanks and congratulations for completing a most successful year in service to and for the betterment of city and village government in this State now and in the years to come. Significant new beginnings have been made which will bring great credit to all leaders in city and village government. Alderman Gutenberger further stated, on behalf of the City of Ithaca, a job well done, Mayor Conley. Mayor Conley commented that it was a great honor to have had the opportun- ity to serve as president of the New York State Conference of Mayors. Discussion followed on the Council floor. Boynton Junior Hi~h School Band By Alderman Boron ay: seconded by Alderman Slattery WHEREAS, The 55 members of the Boynton Junior High School Concert Band under their director, George B. Carvel, Jr. represented the City of Ithaca at the Treman Marina dedication and WHEREAS, the Band represented the City with style and distinction when they were called upon, 134 -16 -July 7, 1976 Resolution By Alderman Meyer: seconded by Alderman Gutenberger RESOLVED, That the matter of an Open Bottle Ordinance be referred to the Charter & Ordinance Committee for consideration. Carried Ithaca Housing Authority Alderman Slattery stated that one item brought to his attention was that the Housing Authority are presently purchasing their gasoline from the local service stations and paying the full rate for it. Mayor Conley commented that this matter has been referred to Superintendent Dingman for advice, etc . Downtown Parking Mayor Conley also stated that he would like to have Council know that he has been working with downtown merchants and is trying to come up with some sort of participation plan with the downtown merchants in a promotion that would talk to free parking for people in the central business district. There are a few problems as to the parking control problem. Alderman Dennis advised Council that we would lose some $70,000 in revenue if we were to get rid of all the people in the city who deal with parking and discontinue the revenues from parking. Discussion followed. Adjournment On a motion the meeting adjourned at 10:52 P.M. into executive session. - July 28, 1976 LOCAL LAW NO. 5 OF THE YEAR 1976 CITY OF ITHACA A LOCAL LAW AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELE- VISION CORPORATION: The Ceracche Televisi6n Corporation is hereby granted an amendment to its Cable Television Franchise in accordance with the terms and conditions as contained in the Agreement set forth below: 'fELEVISlOrJ CAELE Fi:r\NC!-/ISE AGREEMENT made this day o f , 1976, b y ancl betwr::en the CITY OF ,tTI·{!\(~/1., 2.. rn m,icip a l corporat:ion clu1y orga n ized ancl ex isting und r:.'r and by ~irtue of the l a ,1 s o f t he State 0£ New Yor k , p a r ty of th e firs t p ~rt, :;ran~:or , anc: CER!\CC!IE Tl:LEVTSION COHPU RAT TON, a domest i c corp,::i r at J o n dul y or gctni zcd under and by virtue of t he l aw s of t he State of New York, h.J vi.nr: i t s principa l place of bus i11css a t 519 West St ate Street, Ithaca, New York, party of the second p art, Grantee . WITNESSETH: Th a t in consideration of th e promises and covenants herei11aft e r made, t he parties agree as follows: 1. Ceracche Television Corporation, of S19 We s t State, Ithaca, New York, hereinafter referred to as g r an t ee i s hereby granted and invested witl1 the right a nd a uthority to construct, ere ct , operate and maintain buildings, machinery , and apparatus within the city limits of the City of Ithaca, as it now i s , and as it hereafter may be constituted by revision, mo di f i cation, or addition, and wl1ich said bui ldings , machinery, apparatus may or shall become necessary in the transmission of television programs, and distrib11- tion and s ale of television or radio progr ams f or the use of th e citizens of the City of Ithaca, s aid rights h e r eby granted to be non-ex clus i v e. The City h as approved ~he legal, character, f inancial, technical and other qt1ali- fications of the Grantee and the adequacy a nd f easibility of its c on struc- tion arrangements as part of a full p ublic procee din g affording due pr ocess . r--, Grantee shall have the right, further, to e rect, place, operate, re- air and maintain poles, wires, transmission line s, distribution lines, and -se rvice lines in and over, and the right to use, all public avenues, streets, a llt,ys , gro1:nds, a nd places in the city, and witllin its pres ent limit or as it hereafter may be extende d, for the pt1rpose of furnishing the City o f Ithaca and its inhabitants with television or radio service, provided always, that such poles, wires, transmission lines, distribution lines , and service lines shall not interfere with, nor obstruct, th e necessary or proper use of said streets, avenues, alleys, public grounds or places. 3. Grantee shall have the right and permission of the City of Ithaca to use existing poles, wire~ transmission lines and service lines now e rected and in existence, and owned, controlled or operated by the New York Tele- phone Company or New York State Electric and Gas Corporation within the City of Ithaca, upon the condition that it shall first obtain the written permis- sion of the New York Telephone Company or New York State Electric and Gas Corporation respectively for such uses. 4. Grantee shall be permitted to extend its poles, wires, transmission li11es distribution lines and service lines, and to give service to the City of Ithaca and to its inhabitants in accordance with the permission, rules, regulations and statutes as the same may be amended from time to time, of the Public Service Commission, Federal Cooonunications Commission, and other I egulatory bodies of the State of New York and of the United States of merica and subject at all times to the applicable laws of the State of ew York and of the United States of America. -2 - S. Gr ant,:)c :i._c_·, herehy empo,,1e r cd, and :;ubj e ct always to th e ripp r ova1, ,. \ i \ necess a r y, o f the Pu b l i c Service Co1:i1:,js '.;ion of the; Stat e o f Ne:v.' Vu!·k e r otlrnr ap fl"1:i.cab Te St ate Com1,1:is s 1un , and t h :.: F<:d c rcil Corn::w nicati on.s Com - ;ni ssion, to us e pro)")c r pr c:i cticcs, and procedures w:idiin the spirit oJ tlii ::~ franchise and .11ipropri ::it:c t o tlie s erv jce within the geogn.iphi ca1 J inits of this franchise. 6. Grantee, upon execution of "i:hi s franchise ,i9,rnemen t ~ sh;1Jl, i f ;~e- quiretl, b e allowed ~o proceed to petition the Public Service Commission of th e State o f Ne ,v York or o ther a pp J iciblc S:::atc Commission and Fedcra J Co rnmunic2tions Commiss i on for any approva l r e quir<::cl to be ha d in th e p re - mises, and upon snch approva l, lH: s haJ.l noti fy the Mayor of the City of Ithaca in writing. 7. No pol es arc to be erected upo11 the public streets, alleys, avenue s a ntl public grounds and no excavation of any typ e shall be done or caused to be don e unles s p e rmis s ion in writ111g is first obtained from the De- partment of Public Works of the C:i.ty of Ithaca, New York. 8. In the event that a change is mad e in the grade of pub1ic streets, alJ.eys, ave nues , a11d grounds by authority of the City, i11hich shall r:ece s ·- sitate tl1e removal of any poles, wires , transmission lines , and distribu- tion change s in its lines, at its own e xpenses, upon due r:otice from the Boanl of Public Works of the City to do so. 9. All work i n any way necessitated by the business of the Grantee wh ic~ 1 J11 ay invo 1 ve the opening, bre aking or tearing up of a port ion of a s tre c t , I ~i~pwa lk or other part of any City-owned or City-controlled property '-j s.hall be done by the City at the expense of the Grantee. Grantee shall save and ke2p the Ci t y harmless against all loss or damage to per son or property caus ed by the construction, laying maintenance or ope ration uf any of its l i nes or other undert a kirg under the authority of this fran- chise. 10. a) During the term of this franchise, Grantee shall furnish to alJ. persons d es iring the service offered, and paying for tl1e same, a wire service capable of producing as good a qualjty of television picture signal or reception as may be practical from time to time, and shall make all reasonable and practicable betterments or improvements of said service as improvements in the science of the carrying of television signals shall warrant, as well as in the elimination of radio inter- ference. b) The Grantee shall certify to the City and provide such r equire d documentation to prove that it is in fact meeting the minimal technic a l standards required by the FCC. Said certification and documentation may be twice yearly, as may be Tequested by the.\ City. If in tr.e belief of the City the minimum technical standards are not being met, or if the Grantee shall fail to provide such certification and documentation as required herein, then the City may, at its sole option, employ the ser- vices of the New York State Commission on Cable Television engineering van to make verification checks within the City. The Grantee agrees to pay for a maximum of two such verification checks per year should they be required by the City. 3 - c) Service sh~ll be defined to include the providing of cable ser- vice to subscribers' homes and businesses in the city through the use of cable and necessary instruments. Further service shall include the pro- gram services provided by Ceracche such as over-the-air broadcast pictures, pay television programs and local origination. Additional franchise ser- vices should be provided only after securing city approval. 11. This franchise does not in any manner grant to the Grantee, his suc- cessors or assigns, the exclusive right to the sale and service of tele- vision sets, accessories, or converters within the City of Ithaca, and it is expressly understood that the right to sell such sets or accessories or converters is reserved to any and all legitimate dealers. By Accep- tance of this franchise, the Grantee, his successors and assigns shall be deemed to have accepted the following conditions: (a) Any persons, individual or corporation may purchase television sets from any source without any liability to the holder of the franchise herein granted. (b) The holder of this franchise shall be required to per- mit any individual or corporation to have access to the services of the holder of this franchise, subject only to the payment of regular installa- tion fee and monthly charges which are hereby established as follows: (1) Residential or Commercial establishments; Maximum charges: First installation charge -$20.00. Each additional installa- tion $10.00. Rental for first installation -$5.50 per month, basic cable service including at least 20 channels. Additional rental charge for each extra set at the same establishment: Residential $1.00 per month per set. Commercial: $1.00 per month per set. (2) Suspended service: No charge for disconnecting and no rental charge while disconnected. Reconnecting charge: $5.00. (3) The user shall have the privilege of selling and transferring the service once only to a different party at a different ad- dress for a $10.00 transfer charge, where the service is available at the time. (4) Changing location of cable: $5.00 for moving to another location in same room or for moving to a different room in same apartment or living quarters. (5) Any user who has paid the regular established resi- dential installation fee and moves to another residence within the citv where service is available may have this service transferred for a $10~00 charge. (6) Cable service may be disconnected when rental or installation charge is sixty days past due. If service is disconnected because of non-payment, a charge of $5.50 is made for reconnection after past-due account is paid. (7) Installation may be disconnected if user attempts .. <'1 - tu ru.n. rn ,~re th c1n 011-e se t c1t 0 11c ti!:lC: on c?_.c.h i1~::tcrJ.l~1t.io-;1, o r 11 cr1n:l_t~s nn.·,i - c .. n.e cl ~:e to d.o th e sar;i_e.: or 1-a;:11)::_·:r ::·; hr~:._ t,1-:_ l }jt' l i ·1·_:r.:~~~ i n a.11.y 11.'.:l}T . (8) Any i11c rca:c~c o r tJ-1c iT:a xj_;;rn,n charges rnu~-1: fi 1·~t 1;e apprc11.1 ,::d by the Common Counci1 1 u ftcr D fu1l. pu b ] ic r1en r in,;: a ff:)rr.1in g eke proc ess . Such upprova l shri ll no t be unreaso11ably withhe ld. ( 9 i bl e fcd2ral, state a~d All inst2 l lation hn <l other loc&l taxes , if any, except ' . ] . c n c~ r g es 111-: _ u 0 e sale s tax. (10) The City specifi.cally reserv es the right to co:1- duc.t a subscr iber or other rate inve sti gation ,,;hen it bcJ ieves on tlH; bas i s of financial dat a a\0ai J able to it that subs tantial cha nges in cc,st:-; s r evenues , or profits of t l·i e Gr a n tee has occurred, and may on tri e ba '.;i~0 o f ~;uch invecstj gation, acljust the s ubs cribe rs' rat e s or any oth er n1tcs c on - taine d in this agreeme nt . (c) Crantee of this f ranc hise shall not directly OT inc1i-· ~ect]y r eflect the cos t of ins tallations i11 the price of sets sold by it. 1 2 . If the trees in the City Streets jpterfe re wi th the erectj on of poles or the stringi ng of wi re s, or c ables, in accorda11 ce with th e terms of this francl1ise, written permission for r em oving s aid trees, or any part th 2r cof , must be obtajned fr om the Dep ar t ment of Public Wo1·ks , for trees on. City property, a nd from th e owne rs of private property. 1 13. In a ll street installa tions , the cable or wi res erected shall, in al] cc>:;pects ., comply Hi th the provis ions of all ex i s ting Codes pertaining to the extension of wires across the streets, and a ll applicabJ e provisions of the Electrical Code of the City of Ithaca. Coaxial cable sha ll be use d to carry the tel evision signal throughout the street installatioD s . Messenger cables shall be used to carry the coaxial cable across the streets. 14. The holde r of this franchise shall, at all times, keep in effect th e following typ es of insruance coverage: (1) Workmen's Compensation upon its e mployees engaged in any manner in the installation or servicing of its plant and its equip- ment within the City of Ithaca. (2) Public J,iability Insurance in a total over-all amount of not less tl1an $50,000.00 insuring the holder of this franchise 2nd th e City of Itl1aca against liability for property damage, and $100,000.0 0 t o $300,000.00 for personal injury or death by reason of the installation, servicing or operati~n of its plant and equipment or installa tions within the City of Ithaca. r llS. The term of this franchise shall be ten (10) years from the effective \ da te hereof. The franchise may be automatically renewed at the option of the Grantee for an additional period extending to May 1, 1991, unless after review of the performance of the Grantc:e , Gr::mtor s hall clctermi1w tha t ,-:;wid -pcrformuncc h as been inadequate, in which case the Gran tor may , upon one (1) month's written notice to the Grantee, terminate this franchise agreement - 5 - at the end of the initial ten-year term. However, this franchise may 1be revoked in the event the grantee shall fail to comply with the terms and conditions herein set forth within sixty days after written notice of such failure has been received by the grantee. 16. This franchise is personal to the grantee, and may be transferred only on application to and approval by the Common Council of the City of Ithaca. No permit or grant of similar privileges and powers as are covered by this franchise shall be allowed during the period hereof ex- cept upon a franchise applied for and approved by the Common Council. 17. The grantee shall pay to the City Chamberlain annually a sum equal to three per centum (3%) of its gross revenues from its cable service operations within the City, said gross revenues to include the "Basic" charges and rentals as set forth in paragraph No. 11 hereinabove and the charges and rentals as set forth in paragraph No. 31 hereinbelow. The City may increase the per centum sum in the first sentence of this para- graph as permitted by law or regulations of the FCC or New York State Cable Commission. Such fees shall be and constitute a lien upon the property of the grantee within the City prior and superior to all other debts~ obligations, taxes, mortgages, or liens of whatsoever niture re- gardless of the time of the creation thereof. Failure to make the re- quired report or pay such franchise fees shall be grounds for revocation of this franchise. ~8. Any continuous and willful violation of any section or provision of ~his franchise shall be grounds for cancellation of the franchise, after -~ue notice and public hearing. The right is reserved to the Grantee to prosecute in any Court or otherwise, any stealing, pirating or unlawful uses of the services covered by this franchise. 19. If any section of this franchise agreement or any clause or any phrase thereof shall be held to be unconstitutional or void, all other portions not so held shall be and remain in full force and effect. 20. The City recognizes that Grantee has already constructed its system substantially throughout the entire city. Grantee shall continue to provide such service throughout the duration of the franchise, pursuant to this franchise. 21. Grantee shall construct its cable system using materials of good and durable quality and all work involved in construction, installation, maintenance, and repair of the cable system shall be performed in a safe, thorough, and reliable manner. 22. The Grantor and the Grantee have adopted procedures for the investiga- tion and resolution of all complaints regarding cable television operations. The Grantee shall maintain a local business office or agent for these purposes. All complaints shall first be forwarded to the Grantee who 3hall maintain a log of each complaint, the date it was made, the name of the complainant, the resolution thereof and the date of the resolution. All complaints not resolved by the Grantee within one (1) week aft e r re- -ccip t s ha ll be f orwarded to the Grantor for review. The Mayor of the Ci ty of Ithaca or his designee c~ designated committee has primary responsibility for the continuing administration of the franchise and implementation of complaint procedures. Notice of the procedures for reporting and resolving co ~]1_') J. n n t ~; \-_ -: .. ·~-J. b c g J v '-~ _r1 t: u e: <"l c.: 1 ~.:, t : ii s c 1· J !> (~ r ~1 t ·;-'h c t ~-! 1n e: o f in j t j _ ;:1. J ;:~ u b ~ ..;.;c r :i}.Jt un ;~u t.lie c ~·;bJ.c ~-~y-.,~t!_:;~~; :~in d at j __ n Lc~·_i."/.;·11s tt~1er(:~-~ft·.c r o f not 1:1c,rc 1·l:.n.n or1.e )'"C:·.,1.r .. ~·:>.J.ch :n.ct.icc; 'LJ<Jy 1..:t -·h·r .. ! t _·; ()1 .. i c,·f• 1\}~ s 1.'!.ch c~.·.hc-.:-' r·:c.ans ~:;~:. t J:.c- ·.::.,v.:-Yo[·.:;_ S·t.:,··t tc: CDn;1rt:i ~,s :i(11J ot:. CaL~.Jc '!c:lc\l.L~:~j un n1~.:)' aJ)lJ-r·o·ve t1pon clr,pJ-~_ca.- :-~ion by C r aJ1t(:C. 2 :~ , G 1.· c1 n t c c, ~ l i n l l n CJ t ab a n d on a Tl y s c r v _i c e o r p o r t j_ on th e t e o f h' i t 1, c, u t t l • c written c on.sc:r.-i-of tlv:'. C::i.ty. 2!;. Any City or priva t e pi·ope r1·.y c!:J;nagc;_1 or cl ~>.stroycd shc:1i bf: JHC,npt:iy r e pa ir~d or replaced by Gr2ntc e antl r 0stcr2 d t0 serviccnble condi r io1~. 25. Grantee shu11 n -.,t ref1.1 sc to h3re or e mploy , nor bar or d..iscli arr:e fr0rn crnpJoyment , n or d5scrimin:;tc Dga ii1 :;t ;-1ny person in conpcnsati o:t u t in term:-;, condition~;~ or privileg e s o f crr:pJ.oyment because of ag<::, race, c 1· c e <l , co 1 o T , J1 at i 011 a 1 or i gin or s ex . 26. The Cj ty reserves th(~ ri gh t to adopt, :Ln a d cl:i r.ion to the prov i_s i 01Ls contai ned. in the franchise ,rnd cxi:c;tinr, applicable 01djnances, s uch adcli · tional regulations as i t shall find n ecessary in the exercj ~e of jts poli~c power; pr~;,,idcd, h01·J E:vcr, tha t such r cgul:c ... tions J.re rcu :..;on,ib1e and not mater i a 11 y in con f 1 ic t 1-: i th tl1 e pri vi legr:,s grant ed. in the franc:hi se . 27. Tho City re s erves the right to inspec t a11 pertirient b ooks, reco r d ~:, ra a p s ~ p 1 ans ., f i 11c>. n c i a 1 s t at e rn e n t s , an cl o the r 1 i k e ma t 8 T j a 1 s o f the fr a ;i - cldsee . upon reas onable notice and durinc: n orma l businc':;s liom:s. ! ~ . 1-.~ •l). l .. , •-· \ew are Tl1is franchise is in compliance with the franchise stand ards of the York State Commission on Cable Television 2nd t11 c provisions hc:.-eof subject to the approval of said Commission . 29. a) Within thirty clays of the receipt of final operating authority , Grantee shall. post security with the City in the amount of $10,000 in th e :form of a letter of credit. b) Said security shall be forfeit to the extent specified by the City Council if the Grantee fails to substantially comply with the con- struction schedule herein specified or if the Grantee commits a material breach of any of the terms and conditions herein prescribed. As an al- ternative, the City Council may uni]atcrally shorten or decrease the term of this franchise if it shall find that the Grantee has materially breached any of the terms of this franchise agreement. c) The Grante e shall be entitled to notice and hearing before the City Council prior to any forfeiture or decrease in the term of this franchise. d) No forfeiture shall be imposed for failures beyond the reasonable ~ontrol of the Grantee. e) In the event of forfeiture of part or all of the initial security, ie Grantee shall wit]1in thirty days thereafter post additional security J that the total amount of security posted equals $10,000. 30. Grantee shall file requ~sts for all necessary operating authoriza- tions with the City of Ithaca, Commission on Cable Television> and the Federal Communications Co™nission witl1in 60 days from the date this amend- ment is granted. -7 :)7 ·r :~:r_·; c .·.~_t y· ha:-~ :1.r'P \-:,\~~--~ r :...·L~;'i.l)~ ~-0 (! ;;uL,11.c f;(<J.1"5J1l: 1H:~i.d. L_:{t t:.f j --~Ju.t•I j c n <,t ic(~ ~ r'..:·I.)1c fc1ll.o,,: 11 s:. r a t.;s: 1 _,, A cl1,:rg-:.: Gf SC,,00 p •,;,· i::u:J,i' per t e1 cvis:i.cr1 r ec e ive r ;:ay be rq u.d c f o r subscr iJJ"tior1 or f1(l)-' cct.b J __ c :·, r or.r<in:n1i:~1 g , ·i ~ e , I-lo~Ee:: F~o:-:_ c.t)ff i cc . rr;~e; '.1c~~~.-rnP.;1 h!~ n~-7.d.e fo·.~ 1 ~-~:~·-}J I C 1.ri ~::i_1J I1 l."'/ c-r~_;_~i l.e c of ~:! con .. ..:-l.~:ct·eJ· f oi.· i.he: rec c ptjrJn o:2 adcl.ition,\J b ro o.riuist c !i:n1n(•J•:; t hat nuy l),:, rccc i ,',.:d (lnly \•.·i i:h suc h co1i,·e:r 1·c:r . Said con·-7::·ter shed] be c a b J.e of pr ov id irv boti1 pay c::\\l c progJ·:n1•L1in f a ,,d extra cb,>rncls s uch that hhen a ·;;ubscri De r r t.q uests hc,th JJa.y .. ca·L-.l.(; r11 .. og rainrni11g a:r.d_ o;-:~t.r·a chc1n ·11:_~1 s c·~·r "'\r i cc t)1 c suh sc r ~ibc-r sh:l.:.L.I be char;;cJ. onJv a single '!;J. 00 fe e: for t h0 ccn,·•::rter 1v-}1jch shc:l]. b,:: c:,;able o f p r o v i c! i 1~ g b o t J, s 2 r v .i. c c, s v: h c n tJ-1 c a cl cl i t i on a 1 $ () . 0 0 p er mo 1,, t h f c ;;: f c r llon:e Bo x Office is paid , (c) The c:hn-rgc~; authori zed in th i s Se ction ar e opt i.c;ial ar,n no subs c rJ b c r ma y be required to receiYe ei t her of th c s;-; sc::-vi c cs n:~ a cu11cl:ition to rec e iving t he basic cable service. 32. Public Access (a) Th e Ce r acche Te l ev ision Corporation shall n~ovi de o n 8 fu ~_l :.~cpar a te s .i.ngl e channe J. for public acc es s µ:rog r c:.·,nwing on a demand l;,as i s u p to a11d i nclud i ng an amount of time equn J to th e duplicc1.t ed por· .5r :i c:n of a particular channel . (b) This single channel shall be 1ocatcd be t1•1eer1 ch2n rn e l L a ncl 12 subj e ct to c1ppro va.I by the Fed e r a l Communication:; Commission; j_f such ,;pprov,.11 J.s not gr anted, t her'. the channel may be othe r than 2 th r ou ?:h 12. (c ) Access to the separate channe l shall be provided on a first -come , first-served basis within the fo llowing priorities : (1) Local J. i ~-~ programming ace es s (2) Public access (3) Education access (4) Govern~ent access (d) Us ers of the Public Access channel shall res e rv e their time at leas t one and no more than four we eks in advance of their desired broadcast time ; this prov is i on may be waived in a particular case by Ceracche Television Corporation in its sole discretion. (e) Studio time shall be provided at a cost not to exceed the actual cost of operating the studio. (f) The administration of public access broadca sting shall emain with the Ceracche Television Corporation. (g) The City Cable Commission shall act as the Coramon Coun- cil's agent in resolving di spu tes between the Ceracche Television Corpora- tion a nd public access users. !) -0 -· :.::ha11 be ci~:] i.V (;r-cJ t O t.}; C St UCi j 0 joF a :i ring. I (i) All c:-ic c e~-~-; L:ro ;:1dc~.f .. ·"t:-~ sh:.111 cor1:forrn to a.·1.1 c:.1:-;1)/·ic.al:,Jc, Fcdccal Comr1i:',:_::i c,1 :-:nd S-:::>,:c Cable r cgul ;:;t:icn!',. "P v J_)_, cxccut-i on h c·r",of t ]Je p:,i rt; c,:: h:.•:·:_:,'f ~q . T }1 c Cr an t e: c .~~ h a 1J b e re q n .i i • r,, i t ;:, p n, v i de t. o t h c C i t y ~-, t tlH~ Grar1.tee 's sole 8)~1::ej1se auclite,J :Cj ·nr!PCinI st.2r·1cn1c1Jts U))Oli Dn.v :t ]_Yplic ~tio·n by the c;rantce for any incr c a'.c'c i n rates 11(·re 1_q Jclccr for use i n c1':~t <!T ;'.i n·· i::1g :_;uch rates to h e permi tted in the City oC It1i ri c;t. Th e C-rc111tcc ~,l1::1l 1 a l ~,o be r cqui :t ecl t o :;;1bn:i t 1 ts annu<Jl Lin,n1 c1.al s t atu1,e nt s., Un i fc -cm Cab Jc Com;ni ssi on f 1 n c1 ncjr11 r epocLs, ,rnd ~;t ate and Fcdera1 In ccr,i G T.-:x r etu r n s anc1 any o ther Tcason;_,b:te fi11an c j ,:l inf~)r:1:atic,n r equeste d, to U\0 Common Council ;nrnuaJJy as S00jl t11crcaftcr as they may be avaiJai)}e. 35. Th e v c1 lue t in,e as it may of be th i s franchise at t e nn i ;w t e d , s ha 11 tJ-ie e nd of the be zcTo. t enn or at suc:11 e:n· lier 3(j, In the even t the Granto r a nn ex es additional J and :1 r eas jn t11c f uture, tlwn all of the conditions o f tliis f ranchise shn ll apr<i.y to the ann exed arecJ, ln t.J,c eve nt that tlw J1 ew 1a nd. are a so ,:nnexcd is not. wired l-:y iJ1e GrcJntee for the servi c es set fo rtJ-1 h c~r ein, then a c on st ructi n n s c:J,_e:du l c sh i1 J 1 b e n e go ~ i u t<:: ct b e t\-1 e c n the Gra n t or c:111 d th e Gr an t e e td t 1, in on c ye a r , L or tlie Cjty mo), a t its option, j mpose any of the peno]ty provision~~ c o11 - la i_ncd hercjn as if the Gra ntee h ad materia 11y breach ed any ten:1 or prov:i - sion o f tli is franchise ag ree ment. I N WITNESS WH ER EOF, we have hereunt o s et our hands and sea 1s th e ycdr first above written. CITY OF ITH ACA By: Mayor dav and ; CERACCHE TELEVISION CORPORAT ION By: Anthony Ceracche ) ) SS: ) ()r1 t h:is clay· of . __ J-ul )-1 , 19 7.C)} b?_r·oT !? :nc, t:h c'. sub~-;cr.il'\c~T> p cr :-:~0 .:-1;·:_ .1 ~.--· (!f)T.lC:1.rcd ~-~i.J\\!arc1_ 1.T . (~0 .1:.l cyr:, \\!lt c_., be.iri s:~/-/./!:~: dLly· Sh'Or~i , d :i d cle_pc,,:;c ~'.;1:.~. ~:.t:_-t:·c tf1r-1.·t ~-1c is I\~r:!·;.:c1·:~ ,;f ~ .. l1(! C'f.J:')~ c ,1·: ·r·;·r-f/$~;$ ·t::~c c.c r-1.10 -r :·1ti,·.:,n. (r.c ~~;c ·:··i]·J t:d. )n a.1'lc! :ic.1·,_ c·-~\1 _ _::c 11t c•(1_ t}1n i'~!)l'C-f_U :_; r :'.i-~ i 11 t ·:t·1;_JriC:T~t; t .hn.t :h e kn o-; .. 1 s t11 e seal oF .saj_c-t c·..>·:--·1)c·:-;;.ti.0·[1;. t l~_::t ·r1 .. :e sc a·l ct:crc.·to n.fi i .-.-.:·,:c1 is S lJC.L_ COC})OT'<Jte sc,:t 1; th:-~~: i T~ ~,;;):.-. t . .f f j ·;·c"·;_ l))7 u--:·d.2i..' c_f tJ;2 Co:rr;c,r~ Cou:n.c:5 ·1 of L}1c-: Cj t )r of l tJJ_~·1cr;) a nc1 LlJ:-.:.1." l1 (·: .(~~5.-JZ,1.1.C('.1. 11 .. i.s riaFlf': th ere t o by Jike orci e r . S'f AT E OF i'-:E\V Yem ;~ CO UNTY OF TOMPKINS -CITY OF ITHACA ) ) SS: ) No tcny Pub lic On thjs day of 19 76, before me, the subscriber, persona l ly appeared Anthony Ce r acche, who , bein g by me duly sworn, did depos e and stat e that he i s President of CERACCliE TELEV ISION CORPOlzATION, the corpo- ration described in and wl1ich executed the f oregoing instrument; that he knows the seal of said corporati on; t}1at the sea l ther e to affixed is such corporate seal; th&t it was affixed by ord e r of the Board of Directors of said corporation, and that he signed his name ther eto by like order. Notary Public AGREEMEN'r BETWEEN CITY OF ITHACA AND CITY EXECUTIVE ASSOCIATION I •. i I Effective January 1, 1977 I_ THIS AGREEMENT, made and entered into at Ithaca, New York by and between the City of Ithaca, a municipal corporation, as municipal employer, hereinafter referred to as 'City', and the City Executive Association as representatives of employees of the executive level 0£ the City of Ithaca, and hereinafter ~eferred to as 'union'. WITNESSETH: WHEREAS, both of the parties to this Agreement are desirous of reaching an amicable understanding with respect to the employer-employee relationship which exists be- tween them and to enter into a complete agreement covering rates of pay, hours of work and conditions of employment; and WHEREAS, the parties do hereby acknowledge that this Agreement is the result of the unlimited right and opportunity afforded to each of the parties to make any and all demands and proposals with respect to the subject of rates to pay, hours of work and conditions of employment and incidental matters respecting thereto; and WHEREAS, i~is intended that the following Agreement shall be an implementation of the provisions of Article 14 of the New York State Civil Service Law consistent with that Legislative authority which devolves upon the Employee Relations Committee of the City of Ithaca, the statutes of, insofar as applicable, the rules and regulations relating to or promulgated by the Common Council of the City of Ithaca, and uniformity of compensation provided for under the direction of the Common Council; and WHEREAS, it is intended by the provisions of the Agreement that there is no abrogation of the duties, obligations, or responsibilities of any agency or department of city government which is now expressly provided for respectively by: State Statutes, Char- ter Ordinances, Ordinances of the City of Ithaca except as expressly limited herein. PART I A. Consideration. The consideration for the execution of this binding Agree- ment is the covenants mutually expressed herein and arrived at by the parties hereto. B. Conditions and Duration of Agreement. This Agreement shall remain in full force a.nd effect commencing on the first (1st) day of January, nineteen h•.rndred and seventy seven (1977) and terminating on the thirty-first (31st) day of Decerr~er, nine- teen hundred and seventy eight (1978). In accordance with this provision and the intent of the parties, the Employer Negotiating Committee, as soon as possible, agrees to recom.~end the financial terms of this Agreement to the Common Council of the City of Ithaca. c. Negotiations. Either party to this Agreement may select for itself sucn negotiator or negotiators for purposes of carrying on conferences and negotiations under the provisions of Article 14 of the New York State Civil Service Law, as such party may determine. No consent from either party shall be required in order to name such negotiators or negotiator. Page 2 D. Timetable. Conferences and negotiations shall be carried on by the parties hereto in 1978 as follows: Step 1. Submission of the Union's demands to the City of Ithaca by July 1, 1978. Step 2. Submission of the City's answer by end of July 1978. Step 3. Negotiations to begin as soon as possible by both parties. Adherence to such timetable shall be effectuated as to its chronological order, as closely as may be practical under the circumstances which attend at the t i me such negotiations are undertaken. E. Ordinances and resolution references. Schedule 'A' attached hereto and made part of this Agreement, with the same force and effect as though more fully set forth, for purposes of convenience and information contains a list and summarization of or- dinances, resolutions and other provisions which relate to wages, hours and conditions of employment. PART II A. Recognition. City recognizes Union as the sole negotiating agent and repre- sentative for and on behalf of the employees, with the exception of the Fire Chief, Police Chief, Superintendent of Public Works, and Comptroller. Union recognizes its responsibility to cooperate with the City to assure maximum service at minimum cost to the public consonant with its obligations to the employees it represents. B. Management Rights. (1) Union recognizes the prerogative of City to operate and manage its af- fairs in all respects in accordance with its responsibilities, and the powers or authority which City has not officially abridged, delegated or modified by this Agree- ment are retained by the City. The rights retained by the City shall include, but are not limited to, the right to direct employees, to hire, promote, transfer, and disci- pline subject to law and this Agreement. The City also retains the right to reevaluate job descriptions and to make appropriate changes in the duties and compensation of positions so reevaluated during the term of this Agreement. (2) It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the employee. C. Grievance Procedure. (1) In accordance with the cooperative spirit with which this Agreement. is made between the Union and the City, is the sense of fairness and justic e brought by the parties to the adjudication of employee grievances. Should an employee feel that his rights or privileges under this Agreenent have been violated, he shall consult with his Union representative. The aggrieved employee and his Union representative shall within 5 days of the date the grievance occurred, present the facts to the em- ployee's Depc,rtnent Head. Within days ther eafter the Department Head shall submit r1is answe r to tile Union representative and the aggrieved employee. l , I I I I i ~ ( Page 3 (2) Should the Union decide that the reply of the Department Head is unsatisfact:::>ry, the Union shall within 5 days submit the facts of the grievance, in writing, to the Common Council or the appropriate Board. The Grievance Hearing may be conducted by one member of the appropriate Committee of the Common Council or Board, but the final report must be supported by a majority of the Committee or Board members. If either party is dissatisfied with the decision of the Committee, the unsettled issue may be referred by either party to be resolved through arbitra- tion. Written notice for arbitration shall be served within ten (10) days of the decision. (3) Arbitration. Any dispute or grievance arising out of or relating to this Agreement may be submitted to arbitration by a committee of three chosen; one by the Union, one by the appropriate committee or Board, and the third by the other two. The City and the Union agree that the recommendations of the arbitration shall be final and binding. PART III A. Compensation. All employees in this unit shall receive the following in- creases in their salaries: B. (1) On January 1, 1977, the City shall increase the Executive Compensation Plan by two (2) per cent. All employees shall remain at their present Step on the Plan. (2) On the first day of the pay period which includes July 1, 1977, the City shall increase the Executive Compensation Plan by two (2) per cent. All employees shall remain at their present step on the Plan. (3) On January 1, 1978, the City shall increase the Executive Compensation Plan by Five and one-half (5 1/2) per cent. All employees shall remain at their present step on the Plan. (4) On December 1, 1978, the City shall pay all employees in this unit fifty dollars ($50.00) (minus deductions). This payment shall not be added to the employees' basic annual salary. (5) No Assistant Fire Chief presently employed shall receive less compen- sation than one newly promoted, nor shall any Ass~stant Fire Chief re- ceive a smaller salary than any Fi.re Lieutenant. Those promoted to Assistant Chief shall receive a minimum salary increase of 4% and shal.l move to that step on the compensation schedule, or to the next highest step in the event a 4% increase falls between steps. Clothing Allowance for Employees in the Fire Department: There shall be a clothing allowance per year per man as follows: Asst. Chiefs and Deputy Chief 1977 $130 1978 $130 The clothing allowance shall be used to purchase all required clothes and gear that the Fi re Department Rules and Regulations now in existence require, Also, any item mutually agreed upon by the Fire Chief and the Union except turnout coat and rubber goods may be purchased with this clothing allowance. The blue fatigue uniform required shall be the uniform worn to and from work and during work, with the exception Page 4 of a few special occasions when the dress uniform will be worn. The City agrees to allow the transfer of the unused portion of clothing allow- ance from the account of members who do not wish to use their entire allotffient to new members upon completion of their probationary period. All transfers of funds shall be binding upon completion of release and request forms and subject to the ap- proval of representatives of the Fire Chief and the Union. C. Mileage Reimbursement Employees who are required to use their cars in the conduct of official City business shall be reimbursed at the rate of 15¢ per mile for 'In-City Driving,• and at the rate of 12¢ per mile for all other mileage. 'In-City Driving' shall in- clude travel within established Water Districts for Water Meter Readers. D. Retirement The City shall provide membership in the New York State Employees' Retire- ment System with benefits as described in the "Improved Non-contributory Plan" (Section 75 I) except for members of the Fire Department who shall receive retire- ment benefits under provisions of the "Non-contributory, Section 384-d" of the New York State Fire and Police Retirement System. E. Vacation Annual Vacation leave shall be granted as follows: 2 weeks after one year of service 3 weeks after five years of service One extra day after completion of the 10th, 12th, 14th, 16th and 18th years for a maximum four weeks annual leave shall accumulate on the anniversary date of em- ployment. F. Health Insurance Health Insurance consisting of Blue Cross, Blue Shield, Major Medical known as the "Statewide Plan" for the employee. and his dependents shall be paid for by the City at the annual rate of $788.64 (Family) or $322.68 (individual). The City agrees to pay all increases in cost of such coverage during the term of this Agreement. G. Holidays Holiday leave shall be as follows: January 1, Lincoln's Birthday, Washington's Birthday, Memorial Day, Indepen- dence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. haen- ever any of these holidays fall on a Saturday or Sunday, the following Monday shall be considered the holiday. 1-H. Sick Leave Sick leave accumulated at r.he rate of one day per month shall be granted with ~dministration a ~ detailed in City Charter Section 8-15 (2), (3) and (4). There shall be unlimited accumulation of sick leave. Upon an employee's retirement, unused sick leave computed at his current regu- lar rate of pay shall be applied to the payment of extended health and accident insur- ance coverage. However, such credit shall not exceed $4,000.00. I I I I' I r Page 5 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT r REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISL.~TIVE BODY HAS GIVEN APPROVAL. Agreement by Negotiators: Chairman, City of Ithaca ATTEST: City Clerk ATTEST: v' Union Secretary Chairman, City Executive Assn. CITY OF ITHACA Mayor CITY EXECUTIVE ASSOCIATION Union President \,.- CITY OF ITHACA 1977 Compensation Plan Employees Covered By Executive Union Step Step Step Step Step Step Step Step Step Job Title Grade Minimu.TTI I II III IV V VI VII VIII IX Water & Sewer Supervisor 1 11,626 12,091 12,575 13,078 13,601 14,145 14,711 15,299 15,911 16,547 Streets & Sanitation Supv. 1 11,626 12,091 12,575 13,078 13,601 14,145 14,711 15,299 15,911 16,547 Building Commissioner 2 12,505 13,005 13,525 14,066 14,629 15,214 15,823 16,456 17,114 17,799 City Clerk 2 12,505 13,005 13,525 14,066 14,629 15,214 15,823 16,456 17,114 17,799 City Chall'berlain 2 12,505 13,005 13,525 14,066 14,629 15,214 15,823 16,456 17,114 17,799 Asst. Fire Chief (4) 2 12,505 13,005 13,525 14,066 14,629 15,214 15,823 16,456 17,114 17,799 Parks Supervisor 3 13,384 13,919 14,476 15,055 15,657 16,283 16,934 17,611 18,315 19,048 Deputy Fire Chief 3 13,384 13,919 14,476 15,055 15,657 16,283 16,934 17,611 18,315 19,048 Youth Bureau Director 3 13,384 13,919 14,476 15,055 15,657 16,283 16,934 17,611 18,315 19,048 City Planner 4 14,265 14,836 15,429 16,046 16,688 17,356 18,050 18, 772 19,523 20,304 Asst. Supt. Public Works (W & S) 5 15,144 15,750 16,380 17,035 17,716 18,425 19,162 19,928 20 I 725 21,554 Asst. Supt. Public Works (DPW) 5 15,144 15,750 16,380 17,035 17,716 18,425 19,162 19,928 20,72c 21,554 City Engineer 6 16,022 16,663 17,330 18,023 18,744 19,494 20,274 21,085 21,928 22,805 Asst. City Controller 6 16,022 16,663 17,330 18,023 18,744 19,494 20,274 21,085 21,928 22,bOS ,✓ CITY OF ITHACA 1977 Compensation Plan Employees Covered By Executive Union Step Step Step Step Step Step Step Step Step J·ob Title Grade Minimum I II III IV V VI VII VIII IX Water & Sewer Supervisor 1 11,859 12,333 12,826 13,339 13,873 14-, 428 15,005 15,605 16,229 16,878 Streets & Sanitation Supv. 1 11,859 12,333 12,826 13,339 13,873 14,428 15,005 15,605 16,229 16,878 Building Commissioner 2 12,755 13,265 13,796 14,348 14,922 15,519 16,140 16,786 17,457 18,155 City Clerk 2 12,755 13,265 13, 796 14,348 14,922 15,519 16,140 16,786 17,457 18,155 City Chamberlain 2 12,755 13,265 13,796 14,348 14,922 15,519 16,140 16,786 17,457 18,155 Asst. Fire Chief ( 4) 2 12,755 13,265 13,796 14,348 14,922 15,519 16,140 16,786 17,457 18,155 Parks Supervisor 3 13,652 14,198 14,766 15,357 15,971 16,610 17,274 17,965 18,684 19,431 Deputy Fire Chief 3 13,652 14,198 14,766 15,357 15,971 16,610 17,274 17,965 18,684 19,431 Youth Burea~ Director 3 13,652 14,198 14,766 15,357 15,971 16,610 17,274 17,965 18,684 19,431 City Planner 4 14,550 15,132 15,737 16,366 17,021 17,702 18,410 19,146 19,912 20,708 Asst. Supt. Public Works (W & S) 5 15,447 16,065 16,708 ·17,376 18,071 18,794 19,546 20,328 21,141 21,987 Ar3St. Supt. Public Works (DPW) 5 15,447 16,065 16,708 17,376 18,071 18,794 19,546 20,328 21,141 21,987 City Engineer 6 16,342 16,996 17,676 18,383 19,118 19,883 20,678 21,505 22,365 23,260 Asst. City Controller 6 16,342 16,996 17,676 18,383 19,118 19,883 20,678 21,505 22,365 23,260 -~·-•~---.w-..---... :-~-~•..-..~:w~~.,---~-.............. ;.:'.i,;.:':':~:.~,;;.,:~....,~ .;;...,"6•-~. _:;l(--1'~-C::.:.\l.~'.-{.. .. --- CITY OF ITHACA 1978 Compensation Plan Employees Covered By Executive Union Step Step Step Step Step Step Step Step Step Job Title Grade Minimum I II III IV V VI VII VIII IX Water & Sewer Supervisor 1 12,511 13,011 13,531 14,072 14,635 15,220 lS,829 16,462 17,120 17,805 Streets & Sanitation Supv. 1 12,511 13,0ll 13,531 14,072 14,635 15,220 15,829 16,462 17,120 17,805 Building Commissioner 2 13,457 13,995 14,555 15,137 15,742 16,372 17,027 17,708 18,416 19,153 City Clerk 2 13,457 13,995 14,555 15,137 15,742 16,372 17,027 17,708 18,416 19,153 City Chamberlain 2 13,457 13,995 14,555 15,137 15,742 16,372 17,027 17,708 18,416 19,153 Asst. Fire Chief (4) 2 13,457 13,995 14,555 15,137 15,742 16,372 17,027 17,708 18,416 19,153 Parks Supervisor 3 14,403 14,979 15,578 16,201 16,849 17,523 18,224 18,953 19, 711 20,499 Deputy Fire Chief 3 14,403 14,979 15,578 16,201 16,849 17,523 18,224 18,953 19, 711 20,499 Youth Bureau Director 3 14,403 14,979 15,578 16,201 16,849 17,523 18,224 18,953 19,711 20,499 Ci ty Planner 4 15,350 15,964 16,603 17,267 17,958 18,676 19,423 20,200 21,008 21,848 Asst. Supt. Public Works (W & S) 5 16,297 16,949 17,627 18,332 19,065 19,828 20,621 21,446 22,304 23,196 Asst. Supt. Public Works (DPW) 5 16,297 16,949 17,627 18,332 19,065 19,828 20,621 21,446 22,304 23,196 City Engineer 6 17,241 17,931 18,648 19,394 20,170 20,977 21,816 22,689 23,597 24,541 Asst. City Controller 6 17,241 17,931 18,648 19,394 20,170 20 t 977 21,816 22,689 23,597 24,541 Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. July 28, 1976 Aldermen (6) -Dennis, Gutenberger, Nichols, Saccucci, Sla.tt~ry, Spano l ABSENT; Aldermen (4) -Boothroyd, Boronkay, Jiolman, Meyer OTHERS PRESENT: Controller -Daley Deputy(Fire Chief~ Tuckerman Asst, to Supt. of Public Works -Dougherty City Attorney -Shapiro Director of Planning -Van Cort l City Engineer• Cox City Clerk -Rundle 135 PLEDGB OF ALLEGIANCt U1Mayor ~onley led al~ present in the Pledge of Allegiance to the American U1 flag, 'J J 0 APPROVAL OF MINUTES'. <(By Alderman Spano: seconded by Alderman Gutenberger <I:RESOLVpD, That the Minutes of the July 7, 1976 meeting be approved. c::( Carried ' ' Alderman Saccucci thanked Mayor Conley, his fellow Councilmen, the staff !il~!!;.Hall, and tte press £or their kindness· howp him 6uri1g his recent SPECIAL ORDER OF BUSINESS Public Hearing -Lo¢al Law Amending Cable Television Franchise v ResolQtion to Open Public Hearing , ~ , .. By Alderman Saccucci: seconded by Alderman Spano RESOLV~D, That the Public Hearing on the Local Law to amend the Cable Television Franchise with Ceracche Television Corp. be op~ned. . v1s1on appear e ore Council and presented several changes which he asked the Common Council to consider in the Cable Television Franchise which was being presented to Council at this meeting. M Discussion followed on the Council floor. Resolution to Close'Public Hearing By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the public Hearing on the Local Law,to Amend the Cable Television Franchis~ with Ceracche Television Corp. be closed~ ·1; '¥ Carried 136 2 July 28, 1976 A roll call vote was taken on the Resolution which·~esulted as follows: Ayes (6) -Aldermen Spano, Nichols, Saccucci, Slattery, Dennis, and Gutenberger Nays (0) -None Absent (4) -Aldermen Boronkay, Boothroyd, Meyer and Holman Carried BUDGET AND ADMINISTRATION COMMITTEE Cit Executive Assn. Union Contract A roval enn1s rea t e o owing c anges which were made in the Executive Assn. Contract which is being submitted for approval: Part III, A. Comtensation All employees int is unit shall receive the following increases in their salaries: 1. On January 1, 1977, the City shall increase the Executive Compen- sation Plan by two (2) per cent. All employees shall remain at their present Step on the Plan. 2. On the first day of the pay period which includes July 1, 1977, the City shall increase the Executive Compensation Plan by two (2) per c~nt. All employees shall remain at their present step on the Plan. 3. On January 1, 1978, the City shall increase the Exe.cutive Compen- sation Plan by Five and one-half (5-1/2) per cent. All employees· shall remain at their present step on the Plan. 4. On December 1, 1978, the City shall pay all employees in this unit fifty (SO) dollars (minus deductions). This payment shall not be added to the employees' basic annual salary. 5. (Same as the present #4). * * * * * * F. Health Insurance consisting of Blue Cross, Blue Shield, Major Medical known as the "Statewide Plan" for the employee and his dependents shall be paid for by the City at the annual rate of $788.64 (family) or $322.68 (individual). The City agrees to pay all increases in cost of such cover- age during the term of this Agreement. Resolution By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That the Agreement between the City of Ithaca and the City Executive Association, effective January 1, 1977, be approved as recommended by the City's Negotiator and the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. (Copy attached to Minute Book) Carried ' ~· I 137 - 3 -July 28, 1976 Southside Center Furniture By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That $4,000.00 be transferred from Al990 Contingency Account to Al315-220 -Finance Department Office Equipment, for the purchase of furniture for the Southside Community Center, and BE IT FURTHER RESOLVED, That the City Clerk be and he is hereby authorized to advertise for bids for said furniture. Discussion followed on Council floor. l A vote was taken on the motion which resulted as follows: Ayes -(5) Nay -(1) -Alderman Slattery Carried t8PLANNING & DEVELOPMENT COMMITTEE Municipal Power Report 0Aiderman Gutenberger reported that there is one appointment on the Municipal <(Power Committee still to be filled. <( <(Contract for Peripheral Streets Architect Alderman Gutenberger reported that the Contr~ct on Peripheral Streets has been through our committee -it is now back in the hands of the proposed Awardee of the bid. Hopefully by next week it will be back to Council in final form. MAYOR'S APPOINTMENTS Mayor Conley announced the appointment of Mrs. Katherine J. Capogrossi, of 1011 North Cayuga Street, Ithaca, New York, as a member of the Board of Zoning Appeals for a term which expires 12/31/78. Mrs. Capogrossi is re- placing Rega Wood, who has moved from the City. Resolution By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That Mayor Conley's appointment of Mrs. Katherine J. Capogrossi as a member of the Board of Zoning Appeals to complete the unfinished term of Rega Wood which expires December 31, 1978, be approved. Carried Adjournment On a motion the meeting was adjourned into executive session at 9:30 P.M. COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Regular Meeting 7:30 P.M. August 4, 1976 PRESENT: Mayor -Conley Aldermen (9) -Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano. ABSENT: Alderman (1) -Boothroyd OTHERS PRESENT: City Prosecutor -Wilson Deputy Building Comm'r. -Jones Deputy Fire Chief -Tuckerman Asst. Supt. of Public Works -Hannan Dir. Planning & Development -Van Cort PLEDGE OF ALLEGIANCE Building Cornrn'r. Hoard City Engineer -Cox BPW Comm'r. -Stein Dir. Youth Bureau -Cutia City Clerk -Rundle 139 Mayor Conley led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Dennis requested permission to add an item (RCFI--Transfer of Funds). No Council member objected. Planning & Development Committee Alderman Gutenberger requested permission to add two items -R-1 Zoning for E. State Street and Letter re. MacDaniels Park. No Council member objected. Alderman Saccucci requested an Executive Session following the regular meeting. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mayor Conley called attention to a petition handed to him this evening by three young ladies which is addressed to the Board' of Public Works, but presented to the Common Council. There are 65 signatures on the petition. The petition is in reaction to the recently passed resolution by the Board of Public Works to reopen the 100 block of Adams Street. Board of Public Works August 2, 1976 "We the undersigned would like the Board of Public Works to recon- sider their decision to open Adams St. to allow the Planning Board to give Fall Creek children the entire park project." Discussion followed on the floor. Resolution By Alderman Meyer: seconded by Alderman Nichols RESOLVED, That the Board of Public Works and Planning & Development Board members approach this issue which is a total neighborhood issue. and make 140 -2- " (ft.--, ORDINANCE 76-i A«-ORDINANCE AMENDING CHARTER 30 ENTITLED "ZONING" 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: Sec. 1. That Section 30.58, subsection c, paragraph 6 is hereby amended by the addition of the following wording to the end of said paragraph 6: "If an interpretation is requested by a person other than the owne·r or tenant of the property concerning which such interpretation is requested, then the Building Commissioner shall send notice to the owner and tenant, if any, of such request for an interpretation. Said notice shall state the interpretation requested, the location of the property concerning which the interpretation is requested, and the name of the applicant for such interpretation. Said notice shall be sufficient if mailed to the record owner and tenant, if any, at least five (5) days prior to the public hearing. Proof of such mailing shall be filed with the Board of Zoning Appeals prior to the holding of the ptlblic hearing~'' No one appeared to speak at the public hearing. Resolution to Close Public Hearing By Alderman Boronkay: seconded by Alderman Slattery RESOLVED, That the public hearing be closed. Resolution By Alderman Slattery: seconded by Alderman Boronkay Carried RESOLVED, That the ordinance be approved as read. Sec. 2. EFFECTIVE DATE -This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. - Carried Asst. Su t. Public Works Pat Hannan -Re ort of storm dama e of Jul 11, 1976, an recommen ations or future proce ures The events of July 11 in which we lost our raw water intake from the 60' dam down to the treatment plant was hardly unexpected, in fact it has been anticipated and we are going to have more of them, we don't know where they are going to occur, or when they are going to occur, how severe they are going to be or what we have to do in order to cope with them. Back in 1969 we made a request to solve this problem by way of coming up with an alternate raw water source, and as a result of a joint meeting between the Common Council and the Board of Public Works on April 22, 1970, we proceeded to hire an engineer, and on August 4, 1971 Common Council authorized a $970,000 project to give us an alter- nate raw water source coming from the inlet in the vicinity of Clinton Street. With this authorization we then proceeded to preliminary design which resulted in State hearings on July 10, 1972 which was aimed at authorizing this $970,000 intake project. The decision on November 10, 1972 by the State unfortunately was complicated with the parallel de- cision with the Bolton Point water intake further up the lake which was to serve part of what was then being served by the City. The State decision recognized the City's vulnerability as far as the raw water intake was concerned, but they also had to recognize all the other .... ,,.. LD LD 0 <( <( <( -3- it to 7,000,000 g~l. a day, specified that the intake had to conform with all the known requirements of the time. It also specified that 141 the pipeline could not be put in the gorge. Faced with these restric- tions it was necessary to re-evaluate the whole project in terms of economy and possibility of doing the job and the conclusion at the time was that all of the various restrictions were such that it was not feasible for economy because of the location of the pipe and impossi- bility of meeting the intake requirements, and the fact that it would not allow enough water to be taken in at that time to serve the needs of the community, so that the project was left "in limbo" for the moment. The trouble with allowing a 7,000,000 gal. a day emergency in- take is the same problem that confronted us when we finally got back in business on Tuesday after the pipe broke down, and that is, once we have depleted our stored water supplies, we need twice as much water for a few days in order to replenish our supplies and also serve all the people who had indeed used up their supplies. So that, in effect the two decisions of the State fragmented the then existing intermunici- pal water supply and set up two water systems, neither one of which is capable of doing the whole job. In December 1972 the Board of Public Works abandoned the inlet proposal and took no action on a proposed alternate raw water source at Van Atta Dam which would handle a flood damage situation, because of this a surplus of water would be available at that time, but would not handle a dr1ught situation. Among the many things that were proposed back in those days was all of the different places that we could get water from in case of emergency -and that in fact the City didn't need this amount of water, etc., but the storm of July 11 made it abundantly clear that it takes at least two days to get people to not use water. Conservation measures are just not enough. Communication is not effective until too late. You just have to have an impact situation. Sunday night we realized that we were in trouble, that it was a remote spot and we were going to have a tough time making a repair, and in fact we would have to wait at least a day until it was safe enough to get men in and to work on the project. So that the first thing Monday morning we started hitting the news media and the radio and all the rest of it that we were in trouble, that we would have to take emergency measures. There was almost no noticeable stoppage of use of water on that Monday. And so by Monday night we had used up about 2/3 of our available supplies and by Tuesday we were getting people out of water. This we can always expect. There is no way you can get out the complete word to all the people in the community and get everybody organized to conserve water. We got about 3-days supply on hand and this is counting all the supplies, both Bolton Point storage and City storage -3 days supply for the whole community and then there just isn't any more. And it takes a couple of days to get it back again. So that even though we were geared up with the parts, and the tools, and the workmen necessary, we can expect to lose at least a day before the flood subsides and access for heavy equipment into a remote area, and extremely dangerous areas, and especially when the storm is still continuing it~ extremely treacherous spot to work, and that further the emergency supplies that are available are simply not adequate for what then becomes a double demand -to furnish the water and replenish the storage tanks. This is a situation which is going to pertain from now on -that no single agency is going to be able to cope with the water shortage of the whole community. The Intermunicipal Water Corporation is going to have the capability of giving us, apparently, from their plans, about 1,000,000 gallons a day. We need something like 3,000,000 ordinarily and, as I say, to replenish supply we need 6,000,000 gal. 142 -4- Tuesday and get back on line, and between the repair and the fire .· enr,ines, and the Cornell and the Intermunicipal Water Corporation's being able to pick up the slack on part of the City's system, by Tuesday night we were confident that we were at least not in a critical situation, and by Wednesday night, of course, we were filled up again. However, we were still in a vulnerable situation that we were not able to cope with such a thing; we still know that it is going to happen to us at any moment. The development which has occurred in the upper reaches of the reservoir is such that these flash floods are going to get worse and worse. As they tear down an empty end of the gorge, the pipeline which is hung precariously along the rocks all through there could wash out at any spot. If we can make a repair in a day we are all right, if it is 2 days we are in trouble, and if it is a really tough spot, we are in a lot of trouble, because the community is just not geared to cope with it. The Bolton Point situation, as I see it from the plans -neiher they are going to be able to assist us, nor, in fact, are we going to be able to assist them in the event that they have some sort of catastrophe. After all, they have just installed some 15 miles of single line. A break in any of the beginning part of that line means they are not going to get water to any part of their system, and what is in the storage tanks is all that they are going to have until they • effect repair. I suggest that rather than try the case in the news- papers again as we did the last time, let's, for gosh sakes, have the Council order, or something, the Board of Public Works to get an engineer in here and study the situation from all angles and see if we should not in effect do what we proposed back in 1972 and that is put an emergency raw water intake in Van Atta's dam. This would be a new pipeline running from the present Van Atta pump station -the old building there down on Giles Street, right up to the intake at the filter plant and a diesel engine as a standby power there, capable of putting up something in the neighborhood of 7-10,000,000 gallons a day. This, as I see it, is the cheapest possible insurance that the City could have. This is probably something like a $100,000~$200,000 project. The reason for a diesel engine, for instance, is to save on standby power. Electric pumps are a desirable thing, but when you have an electric pump you have to pay for the power whether you use it or not. Therefore, a diesel engine which could he run once a month or something like that to see if it is in working order. This type of situation will give us 2 days or, in fact, 2 or 3 weeks working time to effect repairs if we have a major landslide such as the 1948-49 and 1950 land- slide which wiped out that line for over a year before they were able to put it back. At that time it was a month of scrambling around, trying to find enough equipment to handle that pumpinr, situation, and at that time the requirements were only something like 2 1/2 million gallons a day. So it isn't easy to come by standby equipment or emergency equipment capable of doing a job and I suggest that each and everyone of you should get really excited about this, and push it through to a conclusion that is something more than the Mexican stand- off that we have got now. Thank you. Mayor Conley thanked Mr. Hannan, and then pointed out one other problem which Mr. Hannan hadn't touched upon. That is, we didn't have enough pressure in the lines that would have been a help to the Fire Depart- ment had we had fires before the line was repaired. Discussion followed on the floor. ~ 143 -5-August 4, 1976 Mayor Conley also expressed his appreciation on behalf of Common Council for an excellent job done by the Department of Public Works and the Fire Department. COMMUNICATIONS ✓ Omnibus Civil Rights Bill City Clerk Rundle read a letter addressed to the Common Council and signed by 74 persons requesting the Council to reconsider and pass the Omnibus Civil Rights Bill. 7/16/76 To: The Common Council: The following is the text of a letter sent to the editor of the Ithaca Journal; by the July 4th Coalition: In March the Common Council failed to pass the Omnibus Civil Rights Bill, which would have prohibited discrimination against persons on account of affectional or sexual preference. We urge that they reconsider and pass this resolution. Louis Cataldo, owner of Nite Court, has established and enforced a policy which forbids persons of the same sex to touch each other or to "slow- dance" together, and has had them thrown out for doing so. One of the reasons given by the Common Council for not passing this bill was that such discrimination is not a problem in Ithaca. Clearly, this is not the case. On Wednesday, July 7th, Mr. Cataldo turned off the music because some women were dan~~ng with women, and menwtmRij•is concerned about his profits. Many of the angered customers heard him complain that his place is getting a reputation as a gay bar and as a black bar. The law prevents Mr. Cataldo from discriminating against blacks, but as he himself then stated, there is no law protecting gay people. The passage of the Omnibus Civil Rights Bill would prevent a person like Mr. Cataldo from denying others their civil rights on the grounds that he has surmised that his profits would suffer. In fact it is Mr. Cataldo's own attitude which will hurt his business; for we will not patronize any establishment which maintains discriminatory policies, and we urge all progressive-minded citizens to do likewise, until the passage of the Omnibus Civil Rights Bill puts an end to such situations. Sincerely, 'signed by 74 people (list available in City Clerk's office) No action was taken by Council. Improvement of Bridge for Pedestrian & Bikeway Use City Clerk Rundle read a letter from Charles R. Pettis, Jr. requesting im- 144 -6-Au gust 4, 1976 Please consider the possibility of do ing something nice for ourselves as well as something which will tend to increase bicycle and pedestrian safety in Ithaca. There is a bridge between Stewart Park and Newman Golf Course which pro- vides access between these two beautiful facilities. The approaches to the bridge and the bridge itself are in poor repair and infrequently used at the present time. From the Newman end of the bridge there is a road "'"'""1 infrequently used all the way around the Newman Golf Course passing directl: by the Club House and Johnson's Boat Yard. If we were to clean up the bridge approaches and the road and institute a ferryboat service from Cass Park across to Newman Golf Course in the vicin- ity of the Club House or Johnson's Boat Yard with the idea that the ferry- boat would be specifically for pedestrians and bicycle traffic, then you would have a short bicycle route allowing communication between Cass Park and the North side without going by the Octopus which would increase bicycle safety for all people traveling this route and you would also have a lovely segment that could be added to the bicycling and hiking paths in and arou~d Ithaca. • You could reasonably expect additional business for Newman Golf Course from out of town with this arrangement since it would be possible for families to come and those interested playing golf could play golf and those not disposed could take the ferryboat to Cass Park for the children to play or swim or skate. The expense would be modest and it would surely assist the economy of the city operated public recreation facilities. • Any favorable consideration you could give to this nice thing that we could do for ourselves would be greatly appreciated. Very truly yours, Isl C. R. Pettis, Jr. Charles R. Pettis, Jr. Resolution By Alderman Dennis: seconded by Alderman Nichols RESOLVED, That the letter be referred to the Planning & Development staff for study. Discussion followed on t ~e Council floor. A vote was taken on the mo tion which resulted as follows: Grass on Caldwell Pro" ecc Lot City Clerk Rundle read the following: A letter from David H. Taube, Area Beautification Council 3 August 1976 City of Ithaca 108 East Green Street Ithaca, New York 14850 Carried - Sincerely, /s/ David H. Taube David H. Taube 106 East Court Street Ithaca, New York -7- A letter from Cheryl A. Carter, Commons Coordinator Hon. Ed Conley Common Council Dear Mayor Conloy: 145 August 4, 1976 We are looking forward to the development of the Ithaca Center and the state of the present site is a reminder of exciting possibilities. How- ever, in this Bicentennial year, interim measures might be taken to im- prove the site by the time of the Bicentennial Barge arrival, August 21, L.D so that the area will be green and dustfree for out of town visitors and L.D arriving students. ~White Nurseries of Mecklenburg has indicated that a mixture of perennial grasses can be planted and an adequate grass cover will result, green in <:( two weeks and mowable in three. This will not be a permanent·or luxurious <:( lawn, but it will be green and will vastly improve the visual character of the area. I propose that grass be planted on the urban renewal property; large rocks and gravel cleared from this area can be placed on the Caldwell- Rothschild property, which would add interesting visual variation to the site and would allow maintenance crews to continue shoveling snow onto that area in winter from the Commons. The estifilat8d total cost for grass seed, fertilizer and straw recommended would be $350.00. The Bicentennial Commission is supporting this project and has allocated half of the cost of the materials or up to $200.00. Maintenance of the area by the D.P.W. is a major consideration; I propose that Common Council allocate approximately $200.00 on improvement of the site, contingent on recommendations by the D.P.W. regarding installation, maintenance, and quality of the ground cover. I appreciate your support in improving the quality of the Commons area until development commences and look forward to the time when ground break- ing prevents further mowing and watering of the Ithaca Center. Sincerely, /s/ Cheryl A. Carter Commons Coordinator A letter from Gregory Kasprzak, Chairman Bicentennial Commission To: Common Council From: Gregory Kasprzak, Chairman Bicentennial Commission With the New York Festival Barge visiting Ithaca from August 20-22, we ex- pect to attract a large number of tourists from the surrounding counties o~ B!oo~e, Tioga,_~h~mung_~nd_Sch~yler. To_imp~ov~ the overall appearance 146 -8-August 4, 1976 Resolution By Alderman Holman: seconded by Alderman Gutenberger WHEREAS, the City of Ithaca and its Bicentennial Commission will serve as host community for the New York State Bicentennial Barge, and WHEREAS, the City should present the best possible appearance during this period and succeeding days, NOW, THEREFORE, BE IT RESOLVED, that $300 be transferred from A1990 Contin- gency Account to the Commons Account #A5410A-314 for the purchase of grass seed, fertilizer, and straw for the seeding of the Commons Courtyard. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Ayes -(3) -Spano, Gutenberger, Holman Nays -(6) -Nichols, Meyer, Dennis, Boronkay, Slattery, Saccucci Motion Defeated Alternate Resolution By Alderman Nichols: seconded by Alderman Meyer RESOLVED, That the Planning & Development Committee of Common Council con- sider an alternate temporary solution to the present undeveloped state of the remaining piece of Ithaca Commons -either gravel, or some other tem- porary solution. A vote was taken on the motion which resulted as follows: Ayes -(3) -Nichols, Meyer, Saccucci Nays -(6) -Dennis, Boronkay, Gutenberger, Holman, Slattery, Spano Motion Defeated Fin~er Lakes Bice • ormation, an invitation from the City Feder- ation of Women's Organization and The Tompkins County Quilters Guild: The City Federation of Women's Organization and The Tompkins County Quilters Guild cordially requests your presence with other special guests for the Main Exhibit of the Finger Lakes Bicentennial Quilt Exhibit Opening Ceremonies to be held at the North Cayuga Street entrance of Ithaca High School 11:45 A.M., Saturday, August 21, 1976 R.S.V.P. Mrs. Barbara Brock, 313 N. Aurora St., Ithaca, New York 14850 (607) 272-6286 PETITIONS AND HEARING OF PERSONS BEFORE COUNCIL: v Plannin & Develo ment Committee -R-1 Zonin E. State Street For 1n ormation o t e ounc1 , C airman uten erger rea t e resolution concerning R-1 Zoning for E. State Street to the Council. - LD LD 0 <t <t <t 147 -9-August 4, 1976 E. State Street between Mitchell Street and the City Line, and extending southwesterly to 6-Mile Creek, NOW, THEREFORE, BE IT RESOLVED, that this Common Council directs the City Clerk to prepare for and advertise a Public Hearing at the next meeting of Common Council, Wednesday, September 1, 1976 at 7:30 P.M., on the subject of rezoning from R-2 to R-1 that area of the City generally described as all properties presently zoned R-2 along E. State Street, Giles Street, Bridge Street, Water Street and Treva Avenue within the City, as shown on the current Zoning Map of the City of Ithaca, and IlE IT FURTHER RESOLVED, that because of the extensive nonconformities with present zoning regulations which would be caused by such rezoning, the Board of Planning and Development, with the Building Commissioner, be directed to undertake a thorough study of residential zoning in the City and to present to Common Council as soon as practicable the recommendations arising there- from as to the most logical and desirable residential zoning classifications and regulations for the City. BE IT FURTHER RESOLVED, that this matter be referred to the Tompkins County Planning Board, and the Charter and Ordinance Committee of Council for their recommendation. Stuart Stein, Vice Chairman of the Planning Board, appeared before Council to explain the background for presenting the resolution. The following spoke in support of the resolution: Mrs. Florence Hoard -42 Cornell Street Vivian Laube -108 Water Street Janice Palmer -969 E. State Street A vote was taken on the motion which resulted as follows: Carried COMMUNICATIONS FROM THE MAYOR Mayor Conley introduced Thomas Hoard, the new Building Commissioner, to the Council, and he was sworn in by City Clerk Rundle. Mayor Conley recognized Mike Robinson, former second ward alderman of Ithaca who was present, and introduced him to the Council. Mayor Conley introduced Mr. Nate Nichols, ~~eighborhood Housing Service, to the Council. Mr. Nichols in turn introduced Edith Kristeller, the local leader of the Neighborhood Housing Service, who reported briefly on the progress to date of the Community Development Project. Mayor Conley informed the Council that he had been invited to and attended a meeting of the Fall Creek Civic Association, and reported briefly on the meeting. MAYOR'S APPOINTMENTS Mayor Conley submitted the name of Neil Orloff, 100 Fairview Square, as a replacement on the Environmental Commission for Steven Shauger. Resolution ti AlrlP. ~ ,ll'tP. OP • V A T C: 148 Second Ward Third Ward Fourth Ward Fifth Ward 1st District 2nd District 3rd District 1st District 2nd District -3rd District 1st District 2nd District 3rd District 1st District 2nd District 3rd District CITY ATTORNEY'S REPORT -10-August 4, 1976 300 W. Court Street G.I.A.C. Building 300 S. Geneva Street St. John's School 520 Hudson Street South Hill School 309 College Avenue 502 Mitchell Street 502 Mitchell Street #9 Fire Station Belle Sherman School Belle Sherman School 402 N. Aurora Street St. Paul's Meth. Church Aurora & Buffalo Sts First Unitarian Church 309 College Avenue #9 Fire Station 1012 N. Tioga Street #7 Fire Station Cor. King & Aurora Fall Creek School 309 Highland Road First Congregational Church Carried In the absence of City Attorney Martin Shapiro, City Prosecutor Wilson informed the Council that there is an Article 78 proceeding against the Board of Zoning Appeals pending. The Council recessed at 10:00 p.m., and reconvened at 10:22 p.m. BICENTENNIAL COMMISSION Barge Alderman Nichols reported that the Barge will arrive in Ithaca on Friday, Au2ust 20 at 1:00 p.m. and will be here through Sunday, August 22. The Festival will take place at the marina site, there will be several food booths, tents will be set up for displays from the various counties par- ticipating, and there will be a Tompkins County booth with display of the history of the county. The Barge is rated as No. 1 bicentennial attraction in the country. July 4th Barbecue . Alderman Nichols reported that the proceeds of over $800.00 from the July 4th barbecue have been distributed as follows: $100 to the Ithaca Concert Band, $100 to the Ithaca Children's Museum, $50 to the Trumansburg Volunteer Fire Dept., $150 to the Center for the Arts, $300 to Stewart Park; $100 more or less is left as seed money for the use of the Barge Festival August 20 -22. CHARTER & ORDINANCE COMMITTEE ~ Amendment to Zanin Ordinance ter 30, Section 30.58, Para. 6 y Al erman lattery: secon e y 1 erman Meyer BE IT RESOLVED, that Ordinance No. 76-7 entitled "An ordinance amending the Zoning Map of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and BE IT FURTHER RESOLVED, that the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall at No. 108 East Green Street in the City of Ithaca, New York on Wednesday, the first day of September, 1976 at 7:30 P.M., and -11-August 4, 1976 By Alderman Gutenberger: seconded by Alderman Dennis WHEREAS, Common Council has created a capital project known as "Commoris Peripheral Streets" in the amount of $70,000., and WHEREAS, architectural services are necessary to design street improve- ments which complement and enhance the Ithaca Commons, now 149 THEREFORE, BE IT RESOLVED, that Common Council authorizes the Mayor to execute the contract with Anton J. Egner for design of peripheral street improvements pending approval of City Attorney Shapiro and the Departments of Public Works and Planning and Development. Carried Municipal Power Task Force ,- Alderman Gutenberger presented the list of members on the Task Force on Municipal Power: Ms. Beth Frank LD 120 Delaware Ave. LD Ithaca, N.Y. 14850 Q Mr. Alex Skutt <t 106 N. Aurora St. <J: Ithaca, N.Y. 14850 c:( Mr. Charles Guttman The Clinton House Ithaca, New York 14850 Mr. Dick Schramm Sibley Hall Cornell University Ithaca, N.Y. 14853 Mr. Harry DeLibero 312 Hancock Street Ithaca, N.Y. 14850 Ms. Margaret Cusack 117 W. Yates St. Ithaca, N.Y. 14850 Ms. Dooley Kiefer 629 Highland Road Ithaca, N.Y. 14850 Victor Borst 570 Valley Rd. Slaterville Springs New York 14881 Mr. Francis Moon 8 Charles Street Ithaca, N.Y. 14850 Mr. Ben Nichols 109 Llenroc Court Ithaca, N.Y. 14850 Mr. Sam Salkin Ilox 1100 Ithaca, N.Y. 14850 Mr. James Gardner 408 N. Tioga St. Ithaca, N.Y. 14850 Dikeways Planning & Development Director Van Cort reported briefly on the progress being made in applying for funds for bikeways. MacDaniels Park~ By Alderman Gutenberger: seconded by Alderman Nichols WHEREAS, Frances C. MacDaniels has heretofore conveyed three parcels of land to the City of Ithaca for use as a park, said parcels being more particularly described in deeds recorded in the Tompkins County Clerk's Office in Liber 473 of Deeds at page 211 and Liber 481 of Deeds at page 180, and WHEREAS, included in said conveyance was a .36 acre parcel in the southeast corner of said conveyance which .36 acre parcel was mistakenly included • and which was not meant to be conveyed to the City of Ithaca, and WHEREAS, the City of Ithaca wishes to correct said error and reconvey said .36 acre parcel to said Frances C. MacDaniels, NOW, THEREFORE, DE IT RESOLVED, that the Mayor of the City of Ithaca is hereby authorized and directed to execute a deed on behalf of the City of Ithaca to Frances C. MacDaniels by which the said .36 acre parcel will be reconveyed thus correcting the error heretofore made. 150 -12-August 4, 1976 1977 capital improvements budget, and BE IT FURTHER RESOLVED, that the cost of said capital project in the amount of $28,300 is hereby approved. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Carried Board of Public Works Transfers By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, That this Common Council approves the following transfers from the Department of Public Works: 1) $1,500 from the Sewer Contingency Account G1990 to G8130-302 Sewage Treatment Plant -Building and Maintenance Supplies. 2) $3,600 from the Sewer Contingency Account G1990 to G8130-302 Sewage Treatment Plant -Building and Maintenance Supplies. Carried Voting Machine Contract By Alderman Dennis: seconded by Alderman Holman RESOLVED, that a contract be awarded to Automatic Voting Machine Election System Division, AVM Corporation, for furnishing the City of Ithaca, New York, with one new voting machine for the total net sum of $2,153.00, as recommended by the City Clerk. Carried Computerization of Parking Tickets By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, that the City Clerk is hereby authorized and directed to adver- tise for proposals for computerization of traffic violation tickets. Carried Changes of Personnel Classification -Youth Bureau By Alderman Dennis: seconded by Alderman Slattery RESOLVED, that the personnel roster for the Youth Bureau be amended to include: 1 Recreation Leader; 1 Assistant Youth Bureau Director. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows: Changes of Personnel Classification -Finance Department By Alderman Dennis: seconded by Alderman Slattery Carried RESOLVED, that the personnel roster for the Finance Department be amended to eliminate: 1 Senior Clerk Position and 1 Senior Typist Position, and DE IT FURTHER RESOLVED, that the personnel roster for the Finance Depart- ment be amended to include: 2 Account Clerk Typist Positions. r~ .......... ; a~ _,.,. 151 -13-August 4, 1976 _ 1 BE IT FURTHER RESOLVED, that the present incumbent in that position be placed in the fourth step of Grade Sin the City Executive's Compensation Plan. LD LD Carried Reconstruction for Ithaca, Inc. By Alderman Dennis: seconded by Alderman Gutenberger RESOLVED, that Common Council authorize the City Controller to transfer $4,239.12 for money received from R.C.F.I., Inc. from "Trust & Agency Account" to Common Council Contractual Services Account, Al0l0-407, and draw a check for said amount to be made out to ''Office of Neighborhood Reinvestment." Carried Establishment of Deputy Cit~ Clerk Salary Dy Alderman Dennis: seconde by Alderman Slattery RESOLVED, that Common Council set the salary of $10,424 position of Deputy City Clerk. per annum for 0 Discussion followed on the Council floor. <( A vote was taken on the motion which resulted as follows: <( <( Carried ITHACA URBAN RENEWAL AGENCY For information, Alderman Dennis presented a report of action taken by the Community Development Agency at its July meeting. 1. Approved a contract with architect Robert A. Doehlecke, Jr. for the preparation of plans and specifications for improvements totalling approxi- mat8ly $75,000 to the Greater Ithaca Activities Center. This contract price is not to exceed $7,500. 2. Granted the Ithaca Farmer's Market permission to use the site of the old Rothschild's building, now owned by the Agency, as a farmer's market on Thursday's. 3. Approved the granting of $10,000 to Historic Ithaca for the exterior renovation of the Boardman House. NEW BUSINESS Trash Containers Alderman Nichols requested that the Council request the noard of Public Works to clarify what is acceptable as trash containers and to incorporate it in the Charter and to publicize the information for the public. Common Council Chambers Alderman Meyer requested the Mayor to appoint a committee to finish up the details of the Common Council Chambers. Mayor Conley appointed Alderman Meyer as a Committee of one. Adjournment On a motion the meeting adjourned at 11:05 into executive session. Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. ~eptember 1, 1976 Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano. OTHERS PRESENT: Controller -Daley Bldg. Comm'r. -Hoard City Atty -Shapiro Police Chief -Herson BPW Comm'r. -Stein City Clerk -Rundle Dir. Planning & Development -Van Cort PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Spano: Seconded by Alderman Slattery RESOLVED, That the minutes of July 28, and August 4, 1976 meetings be approved as recorded by the City Clerk. BUDGET & ADMINISTRATION: Approval of Labor Contract with the Firefifihters""" By Alderman Dennis: Seconded by Aldermanoothroyd Carried RESOLVED, That the agreement between the City of Ithaca and the Ithaca Paid Firefighters Association AFL-CIO, CLC, effective January 1, 1977, be approved as recommended by the City's negotiator, and the Mayor and City Clerk be authorized and directed to sign and execute the Agreement on behalf of the City under its corporate seal. Carried The Contract was signed by: George H. Apgar, Chairman Ithaca Paid Fire- fighters Assoc., Edward J. Conley, Mayor, Joseph A. Rundle, City Clerk, David Cynoske, Union Secretary, Raymond Robinson, Union President. (A copy is attached in the Minute Book.) David Cynoske, Union Secretary, expressed his appreciation for the cooperation received in negotiating the new contract. SPECIAL ORDER OF BUSINESS: Public Hearing -ProFosed rezoning from R-2 to R-1, that area of the v· City generally described as all proeerties presently zoned R-2 along East State Street, Giles Street, Bridie Street, Water Street, and Treva Avenue within the City, as shown on t e current zonin ma of the City o t aca, ew or. Resolution to Oen Public Hearin y erman attery: econ e y Alderman Gutenberger RESOLVED, That the public hearing be opened. Carried Alderman Slattery read the following resolution to the Council: ORDINANCE NO. 76 -7 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF ITHACA T nnnl\. t .n "-tn ,.., tJ\I"" .n .. -t-September 1, 1976 Dunmore Place; Water -Street; Treva Avenue; Bridge Street; and Giles Street between its intersections with Water Street and East State Street. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be. made the necessary changes on said Zoning Map. SECTION 2. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.ll(B) of the Ithaca City Charter. The following people spoke before the Council in support of the resolu- tion: Samuel Catalfano 916 E. State Street Charles Peterson 211 Water Street Florence Hoard 42 Cornell Street Daniel Rhoads 620 N. Tioga Street Nancy Merod 1007 E. State Street (Ms. Merod presented a petition signed by 58 area residents in support of the resolution)* Stuart Stein 1018 E. State Street Edward J. Conley 1309 E. State Street *Under Article VI,§ 30-61 A of the CITY OF ITHACA NEW YORK ZONING ORDI- NANCE, we the undersigned property owners of record hereby petition Com- mon Council this first day of September, 1976 to adopt our rezoning proposal of August 4, 1976. Currently our area of Ithaca (East State Street between its intersection with Mitchell Street and the South City Line; Dunmore Place; Water Street, Treva Avenue; Bridge Street; and Giles Street between its intersections with Water Street and East State Street) is zoned "R-2" which allows "a one-family dwelling" to be occu- pied. by a "family unit" and as many as "four roomers or boarders." This zoning threatens our area with the strong likelihood that boarding houses and cooperatives (communes) will flourish here and make our neighborhood an extension of Collegetown. Of course, landlords can make a large profit on rents with this zoning, while single families lose quiet and full property values. In order to keep the quality of residential living we now enjoy, please support our petition of the Common Council to rezone this area to "R-1" which will restrict occupancy to a single family unit. That rezoning will save our area from deteriorating, dis- courage absentee ownership and minimize transient neighbors. (Immediate notice, placed in five conspicuous public areas, and enforcement of this rezoning will insure no further damage to our neighborhood.) Mr. Michael Kaplan, 967 E. State Street, appeared before the Council and asked for consideration of zoning with regard for the entire city or community. He was not sure that the propsed rezoning of the area is the solution to the problem. Resolution to close Public Hearing By Alderman Boothroyd: seconded by Alderman Spano RESOLVED, That the public hearing be closed. The Council recessed at 8:12 p.m. and reconvened at 8:22 p.m. Carried ~ i I i .... .,J -3-September 1, 1976 Water in Basements -Fall Creek Area Mr. Ernest Grosser, 102 W. Fall Street, spoke as a member of the Fall Creek Civic Association, reminding the Council that last February the matter of flooded basements in that area was brought before the Board of Public Works who referred it to Council, and in May the Council de~ cided that a project in the Fall Creek area to improve drainage would be done during the summer. Mr. Grosser asked when the work would be started. 155 Mayor Conley informed Mr. Grosser that he had discussed the matter with Supt. of Public Works Dingman and reported the work had been delayed due to an unusually stormy summer, storm problems, crews tied up with storm damage, etc. However, he said the work would be done in September or early October of this year. Resolution By Alderman Boothroyd: Seconded by Alderman Meyer RESOLVED, That the Board of Public Works be directed to have the work 11') done by outside contractors if they cannot do the work themselves be- ll') cause of emergency conditions. O Carried unanimously. <:( Manafement of Streams <:( Mr.rthur Cleveland, 1207 N. Cayuga Street, reported having attended <[ the meeting August 31, 1976 at the N.Y.S. Electric & Gas Corp., of municipal officials, legislators, and regional directors of the State Department of Environmental Conservation and the Department of Trans- portation which had been called together to discuss stream management. The result of the meeting appeared to be that all permits to do work in the streams or waterways must be issued by the Department of Environment- al Conservation, but the money must be appropriated by the person or body doing the work. Birds Mr. Eugene Painter, 217 Utica Street, reported that there is a problem in his ar~a of the city, of birds (starlings) in such numbers that the sidewalks are dirty from them and constitute a health hazard. Mayor Conley assured him the problem is not new, and that measures would be taken to try to correct the situation. Southside Community Center The Rev. Sam Perry expressed thanks to the Mayor and the Common Council for the work they have done to make the Southside Community Center building a habitable domicile for the Southside Community residents, and said they are very happy with the building. Elizabeth Yanof, Attorney for the Southside Community Center, expressed the hope that Common Council will see fit, regarding the contract as it has been negotiated so far, that it be signed allowing the Southside Community to r~tain the reversion clause and thereby the sense of security they feel that gives them. Ms. Shirley Watkins, Vice President of the Board of Southside Center, addressed the Council in regard to the reversion clause. She said it is important to understand at the present time they are very involved with neighborhood housing project in the same area. If the people feel their secur~ty in the Center has_ been taken over ~Y t~e C~ty! th~y cannot 156 -4-September 1, 1976 The Mayor has taken the position that this is not just a legal issue, but a moral issue as well. He feels the determination should be made by the people who live in the neighborhood, not the City of Ithaca. He said the elective body should make the determinations in the best interests of a community, and strongly urged the Council to pass waiver of the reversion clause. If a contract cannot be signed before occu- pancy of the building he recommended .an interim arrangement so the people in the Southside can get on with their programs as planned. City Attorney Shapiro asked for a policy decision by the Common Council. He said the proposed contract does provide that the Center activities will go on; if they don't continue, the Southside, Inc. will no longer have use of the building. However, some other organization could go in and continue the same type of activity. The reversion clause only takes effect if activities cease to go on. Resolution By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That this Common Council reaffirms the intent of the conveyance of land of the 1936 conveyance whereby that land was conveyed to the City for use as a community center and that if it is not used in such a manner, that it would revert back to Southside Inc. Discussion followed on the floor. The Rev. Sam Perry and Delridge Hunter spoke on behalf of the Southside Center. A vote was taken on the resolution which resulted as follows: Ayes -8 Nay - 1 (Alderman Holman) Abstention - 1 (Alderman Boronkay) After reconsideration, Aldermen Holman and Boronkay voted Aye which resulted in the following: Carried unanimously. The Council recessed at 10:10 p.m. and reconvened at 10:20 p.m. Deputy City Clerk Mayor Conley reported that he had previously asked the Budget & Finance Committee to recommend the appointment of a Deputy City Clerk at Step V of the Compensation Plan; and subsequently asked the Common Council to approve the appointment of a Deputy City Clerk at Step III of the Compensation Plan. The Committee recommended appointment at Step I. Mayor Conley said he offered the candidate the position at the recom- mended Step I but was unable to make the appointment. He believes it is a good appointment and the individual would do the City a good job. Once again he asked the Council to reconsider Step III of the Compensation Plan. MAYOR'S APPOINTMENTS: Board of Public Works Mayor Conley informed the Council that he wished to appoint Ms. Barbara Whispell, 316 Brookfield Rd., Commissioner of the Board of Public Works to replace John D. Bodine who has resigned and whose term expires 12/31/ - -5-September 1, 1976 Bingo Inslector Mayor Coney informed the Council that Mr. George Kleeman has passed away and that he will be appointing a new bingo inspector in the near future. He has selected Kenneth Fauls, 140 E. Spencer St., as the new bingo inspector. Resolution By Alderman Slattery: Seconded by Alderman Boronkay 157 RESOLVED, That an appropriate resolution be drafted for Council and that the City Clerk be directed to send a copy of the resolution and a letter of condolence to the family of Mr. George Kleeman expressing the sympathy of the Common Council and thanks for his services to the City. Carried CITY ATTORNEY'S REPORT: Southside Center Contract City Atty Shapiro reported~ with respect to the contract, that it was being typed the following day. The Southside Board is meeting on Tues- day, at which time the contract should be concluded and shortly after that it will be brought to the Council at a Special meeting. Damage Suit City Atty Shapiro reported that about a year ago a gentleman named William E. Evert allegedly tried to avoid capture and did some damage to two city policy vehicles (about $1300.00) which the Chief reported. Atty Shapiro sued Mr. Evert and got into protracted litigation -his insurance company disclaimed liability. Recently Atty Shapiro entered into negotiations on a possible settlement. Mr. Evert's lawyer offered to pay the City $1,000. Atty Shapiro recommended to the Council that the City accept the settlement to avoid further expense by the City. Resolution By Alde~man Gutenberger: Seconded by Alderman Dennis RESOLVED, That the City accept the $1,000 settlement in payment of its claim against Mr. Evert. Carried CITY CONTROLLER'S REPORT: Bond Issue Controller Daley reported the City received 5.5% bid on its $5,520,000. bond issue, and he has received numerous calls from other parts of the State congratulating the City. Budgets Controller Daley reported that today, September 1st, was deadline for receiving the budgets and that the only ones received are Finance De- partment (including legislative, Mayor, legal counsel, election, bingo inspector; 1-line budgets such as Bicentennial, Commons Advisory, CDAT, utility group, etc.; Sr. Citizens, Environmental Commission), Planning Department and Youth Bureau. He has received nothing from the Fire Department, Police Department and all of the Board of Public Works budgets. Mayor Conley said he had had staff meeting at which he reminded the department heads that their budgets were due; he said he would commence work on tho~~ received. 158 -6- meeting of Council which will be held. There were no objections from the Council. September 1, 1976 Mayor Conley informed the Council that Downtown Idea Exchange has identi- fied 14 case studies on 14 extremely successful downtown mall projects. There is a film strip out on this which has worldwide distribution. The City of Ithaca is listed as No. 3 of the successful downtown renovated mall projects, and was done by community effort. Mayor Conley also said Ithaca is being considered for a design award for that particular project and he will keep the Council informed regarding it. BICENTENNIAL COMMISSION: Alderman Nichols reported that more than 44,000 persons visited the Ilicentennial Barge while it was in Ithaca (there were people from out- of State included). There were no unpleasant incidents. More than $1,000 extra money was realized from the event. She reported that the next project will be that of Voter Registration -in getting out the vote. HUMAN SERVICES COMMITTEE: Alderman Boothroyd reported the Committee felt it would be useful if the City printed a very small pamphlet along the "Welcome to Ithaca" line, explaining a little bit about City government, and give it to the Chamber of Commerce and Welcome Wagon to pass out to newcomers to Ithaca. He said Alderman Holman is working something up and he will bring it back to Council. Alderman Boothroyd reported the Committee had also discussed the Open Container Law and Fees at Stewart Park and felt it would be more appropriate for the Charter & Ordinance Committee to study these items. BUDGET & ADMINISTRATION COMMITTEE: Completion of the Thread Standardization Project By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the capital project known as Thread Standardization project, account #A391-129 is hereby declared complete and any surplus moneys be returned to the General Fund. Carried Increase Bingo Inspector's Salary By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the hourly rate of pay for the City of Ithaca Bingo Inspector be $3.00 per hour, effective immediately. Carried Authorization for Bond Anticipation Notes for Urban Mas5 Transportation Part1c1pat1on By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the City Controller is hereby authorized and directed to request Bond Council to prepare Bond Resolution in the amount of $456,250. Carried Board of Public Works Transfer By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED. That $15.000 he transferred from F-1990 ContinP.encv Account - LD LD 0 <( <( <( -7-September 1, 1976 BE IT FURTHER RESOLVED, That all expenditures of this Commission be approved by the Common Council's Representative, Alderman John Guten- berger, prior to commitment. Carried A roval of a Violations y Aderman enn1s: econ e y erman oot roy 159 RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Ronconi Data Services, Inc. for processing by electronic computer of data relative to issuance of motor vehicle violations. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Ayes (9) Nays (1) -Alderman Meyer Carried Equilment List -Fire Department By Aderman Dennis: Seconded by Alderman Gutenberger RESOLVED, That the 1976 equipment list for the Ithaca Fire Department be amended to include the lawn mower for a price not to exceed $200. Carried Capital Project -1976 Flood Damafe By Alderman Dennis: Seconded bylderman Boothroyd RESOLVED, That there is hereby authorized a capital project to be known as "1976 Flood Damage" in the water fund of the City of Ithaca, New York, in the amount of $105,000. GIAC -Establishment of Ca~ital Pro~ect for Buildingv By Alderman Dennis: $econ ed by Al erman Boothroyd Carried WHEREAS, the Ithaca Urban Renewal Agency has undertaken to facilitate renovations to the GIAC Building, and, WHEREAS, Robert Boehlecke has prepared first-phase plans which are primarily basic building improvements, THEREFORE, BE IT RESOLVED, That the Agency requests that Common Council establish a capital project known as "GIAC Building Improvements -Phase 1" in the amount of $55,000, said funding to be totally drawn from the 1975-1976 Community Development fund account number 8662 known as Public Works and Facilities, subject to the approval of the Ithaca City School District. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows. Carried Deputy City Clerk Salary By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That at the Mayor's request the deputy city clerk's position hP.o· ~ . TP.n T n t" . r.o nP. ~~t-·n ~ 160 -8-September 1, 1976 Fresh Water Wetland Laws Alderman Slattery reported he had received a report from the Department of Environmental Conservation regarding fresh water wetland laws and the committee will also be working on this matter. Archery Ordinance Alderman Slattery reported the Committee has an Archery Ordinance pre- pared by Attorney Shapiro which is ready for committee discussion. PLANNING & DEVELOPMENT COMMITTEE Residential Zoning By Alderman Gutenberger: Seconded by Alderman Meyer RESOLVED, That because of the extensive non-conformity with present zoning regulations which would be caused by such rezoning, the Board of Planning & Development, with the Building Commissioner, be directed to undertake a thorough redefinition of residential zoning in the City and to present to Common Council as soon as is practicable the recommenda- tions arising therefrom as to the.most logical and desirable residential zoning classifications and regulations for the City. Carried NEW BUSINESS: Audit By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, That the procedure of Council passing upon the monthly audit as recommended by the Controller be reinstituted. Discussion followed on the floor. A vote was taken on the motion which resulted as follows: Ayes (9) Nays (1) -Alderman Boothroyd Carried Leaflet Describing Ordinances Alderman Meyer requested that a very positive leaflet be published dealing with the City's ordinances which could be handed out to new residents in' the community. Mayor Conley informed her that Alderman Holman is currently reviewing the matter. On-Street Parking & Traffic Flow in Downtown Ithaca Alderman Meyer requested that the Council and merchants be represented in the meetings to be held by the Parking, Traffic & Transit Committee, Supt. of Public Works, Director of Planning & Development and architect on peripheral streets concerning the parking and traffic movement down- town as it relates to peripheral street development. ADJOURNMENT: On a motion the meeting adjourned at 11:17 p.m. - 'T AGREEMENT BETWEEN CITY OF ITHACA AND ITP.J\CA PAID FIREFIGHTERS ASSOCIATION AFL-CIO, CLC Effective January 1, 1977 THIS AGREEMENT, made and entered into at Ithaca, New York, pursuant to the pro- visions of Article 14 of the New York State Civil Service Law, by and between the City of Ithaca, a municipal corporation, as municipal employer, hereinafter referred to as 'City,' and the Ithaca Paid Firefighters Association, AFL-CIO, CLC, as repre- sentatives of employees of the Ithaca Fire Department who are employed by the City of Ithaca, and hereinafter referred to as 'Union.' WITNESSETH: WHEREAS, both of the parties to this Agreement are desirous of reaching an amicable understanding with respect to the employer-employee relationship which exists between them and to enter into a complete agreement covering rates of pay, hours of work-and condi~ions of employment; and WHEREAS, the parties do hereby acknowledge that this Agreement is the result of the unlimited right and opportunity afforded to each of the parties to make any and all demands and proposals with respect to the subject of rates to pay, hours of work and conditions of employment and incidental matters respecting thereto; and WHEREAS, it is intended that the following Agreement shall be an implementation of the provisions of Article 14 of tl1e New York State Civil Service Law consistent with that Legislative authority which devolves upon the Employee Relations Committee of the City of Ithaca, the statutes of, insofar as applicable, the rules and regulations relating to or promulgated by the Common Council of the City of Ithaca, and uniformity of compensation provided for under the direction of the Common Council; and WHEREAS, it is intended by the provisions of the Agreement that there is no abrogatim1 of the duties, obligations, or responsibilities of any agency or department of City government. which is now expressly prov:Lded for respectively by: Stat:e Statutes, Charte r Ordinances, Ordinances of the City of Ithaca except as expressly limited herein. PAR'r I A. Consideration. The consideration for the execution of this binding Agreeme nt is the covenants mutually expressed herein and arrived at by the parties hereto. B. Conditions and Duration of Agreement. This Agreement shall remain in full force and effect commencing on the first (1st) day of January, nineteen hundred and seventy seven (1977)and terminating on the thirty-first (31st) day of Decenber, nine- teen hundred and seventy eight (1978). 1. In accordance with this provision and the intent of the parties, the Employer Negotiating Committee, as soon as possible, ac;rees to recommend the financial terms of this Agreement to tne Common Council of the City of Ithaca. C. Negotiations Either party to this Agreement may select for itself such negotiator or negotiators for purposes of carrying on conferences and negotiations under the provisions of Article 14 of the New York State Civil Service Law, as such party may determine. No consent from either party shall be required in order to name such negotiators er negotiator. - 2 - Fire D. Timetable. Conferences and negotiations shall be carried on by the parties hereto in 1978 as follows: Step 1. Submission of the Union's demands to the City of Ithaca by July 1, 1978. Step 2. Submission of the City's answer by end of July 1978. Step 3. Negotiations to begin as soon as possible by both parties. Adherence to such timetable shall be effectuated as to its chronological order, as closely as may be practical under the circumstances which attend at the time such negotiations are undertaken. E. Ordinances and resolution r e fer ences. Schedule 'A' attached hereto and made part of this Agreement, with the same force and effect as though more fully set forth , for purposes of convenience and inform3tion contains a list and sumnarization of ordi- nances, resolutions and other provisions which relate to wages, hours and conditions of employment. Amendments to any of the afore referred to ordinances or resolutions which affect the rights of e ither party shall not be d e emed a part of this AgreP.rnent, unless the parties to this Agreement shall consent in writing. PART II A. Recognition. City recognizes Union as the sole negotiating agent and repre- sentative for and on behalf of the employees of the Ithaca Fire Department, with the exception of the Fire Chief, Deputy Chief, and Asst. Fire Chiefs. Union r e cognizes its responsibility to cooperate with the City to assure maximum service at minimum cost to the public consonant with its obligations to the employees it represents. B. Union Negotiating Committee. The Union shall advise City of the name of it[, negotiators. The Union shall be allowed a total of 100 hours of employees' base salary for time spent in negotiations during regular working hours during the life of this Agreement if needed, to be regulated by the Fire Chief. C. Management Rights. (1) Union recognizes the prerogative of City to operate and manage its af.Zairs in all respects in accordance with its responsibilities, and the powers or authority which City has not officially abridged, delegated or modified by this Agreement are re- tained by the City. The Union recognizes the exclusive right of the City to establish reasonable work rules. Any dispute concerning these WQrk rules with respect to reason- ableness, interpretation or discrimination, shall be subject to negotiation, fact find- ing and arbitration under the rules of Section Dor Part II of this Agr~ement. (2) City has the right to schedule overtime work as required in a manne L most advantageous to the City and consistent witb the requirements of municipal employmen~ and the public interest. (3) It is understood by the parties that every incidental duty conne cted with operations enumerate d :i_n job descriptions is not always specifically described. Never- theless, it is intended that all such duties shall be performed by the employee. D. Contract Administration and Grievanc2 Procedure. In the event of a dispute between the pai:-ties to this Agreement involving the interpretation or application o f any provisions of this Agreeme nt, either party shall have the right to resolve the dis- pute in the following manner: -3-Fire (1) The dispc.te shall be pre s ente d wit hin ten (10) calendar days of its or;currenceand discussed by the Fire Chief and representative of the Union. If wi thin five (5) calendar days following the p resentation of the disp ute , a satisfactory agre e- ment has not been reached, or no dis cuss ions have taken place, the dispute shal l the re- upon be discussed with the Board of Fire Commissioners and a representative of the Union. If such discussions fail to produce satisfactory agreement within five (5) calendar days, a written record of the dispute shall be made by each part. Such writte n record shall be forwarded within five (5) calendar days to the Human Service s Corn.~ittee of the Common Council cf the City of Ithaca, and the President of the Union. (2) The Human Services Committe e, or their representative, shall discuss the dispute with the representatives of the Union within seven (7) calendar days of the receipt of the written record. (3) If the dispute is not settled within five (5) cale ndar days either party may take the dispute to arbitration upon the service of written notice to the other party of intention to do s o, which said notice shall be served within t e n (10) calendc..r days; otherwise the right of arbitration of such dispute shall be deemed waived. (4) For the purpose of administering this section of t his Agre ement the par- ties to this Agreement sha ll select and employ a competent arbitrator, mutually accep- table to both parties , from a list of five (5) arbitrators supplied by the Ame rican Arbitration Assod ation or the New York State Emp loyment Relations Board, and shaJ.1 share the cost of said arbitrator equally. All r e commendations of said arbi t r atcr on disputes concerning this Agreement shall be final and binding on the negotiators and s ubject to approval by the Common Council. (5) It is understood and agreed by both parties that the benefits confe rred by this Agreement are subject to the applicable provisions of law and to the appropri- ation of funds by the Common Council of the City of Ithaca. (6) For the duration of this contract, it is agreed by both parties, that if any other Union Contracts in the City of Ithaca provides for compensation greater than provided in this Agreement, this contract shall be immediately re-opened for. salary negotiations. In addition, if any other Union within the City of Ithaca received the "One Year Final Average Salary" Bi.ll #S-8663B of the New York State Retirement Law, negotiations on this subject shall also be re-opened. The above two (2) conditions shall apply only to the Uniformed fcrces of the City of Ithaca, i.e. Police and Firefighters. (7) The City agrees to allow the Union President or his designee time off with regular pay during working hours to proces s grievance claims and/or contra ct admin- istration disputes. Only necessary time will be granted so as not to jeopardize normal Fire Department functions. SCHEDULE A A. Rates of Pay (1) 'l'he parties agree that the wages paid to the employee covered by this Agreement shall be based on the negotiated details itemized in (2), (3), (4), and (5) following. -4- (2) The starting or minimum annual salary, and the maximum annual salary beginning January 1, 1977 shall be as follows: Fire Fighter Fire Alarm Supt. Fire Lieutenant $9,922.00 to $13,353.00 $10,739.00 to $14,453.00 $13,353.00 to $15,645.00 The start.ing or mj_nimum annual salary, and the maximum annual sa.1.ary beginning January 1, 1978 shall be computed as follows: (a) The minimum salary for Fire Fighter shall be increased by 4% or by 75% of the percentage increase of the cost of living index (National Consumer Price Index, B.L.S., September 1976 through September 1977), whichever is gYFcfter. (b} All other rates of pay shall be adjusted in accordance with the existing compensation plan. (3) Every member not at maximum salary beginning January 1, 1978 and each January 1st thereafter shall receive t'.-ro two-percent (4% nominal) increments. Fire (a) Those members who are at Step 14 of the Compensation PlAn shall receive one (1) two percent increment, notwithstand- ing (3) above. (b} In the event that a Fire Fighter is promoted to the rank of Fire Lieutenant during the term of this Agreement, he will move to the minimum pay for Fire Lieutenant or four (4) two percent (2%) increments, ,,hichever is greater. (c) No Fire Lieutenant presently employed shall receive less compensation than one newly promoted. (4) The salaries and wages of employees shall be paid weekly. (5) Each member who earns College Credit Hours towards a degree in Fire Science shall, upon submitting satisfactory evidence to the City Controller, receive additional annual compensation of $10.00 for each credit hour. All courses mandated hy the State of New York a.re excluded from this provision. Employees shall receive credit only for those courses taken after January J., 1975; and, employees shall r e- ceive credit only for those courses taken while employed by the City of Ithaca. B. Clothing Al.lowancl?.. There shall be a c .... othing allowance per year per man as follows: Fire Fighter Fire Alarm Supt. Fire Lieutenant 1977 1978 $125, $130. $130. $125. $130. $130. The clothing allowance shall be used to purchase all required clothes ~nd gear -5-Fire that the Fire Department. Rules and Regula tions now i n existence r e quire. Also, any item mutually agreed upon by the Fire Chief and the Union except turnout coat a nd rubber goods may be purchased with this clothing allowance. The blue fatigue unifoi:r.. required sha ll be the uniform worn t () and from work and during work, with the excep- tion of a few special occasions wh e n the dress uniform will be worn. The city agrees to allow the tra ns fer of the unused portion of r.lothing allowance from the account of members who do not wish to use their entire allotment to n e w rncm- bers upor. completion of their pr obc>.ticnary p e riod. binding upon completion of release and request forms representatives of the Fire Chie f and the Un ion. All transfers of funds s hall Le and subject to the approval o~ C. Retirement Plans (1) The City agrees to assume and to make the payments for the contributions of all members of the unit covered by this Agreement, who are now or shall become in the future, members of the New Yor}: State Employee's Retireme nt System. (2} The City agrees to the installation of the New York State Retirement Plan Chapter 545 of 1967 Section 384-D, which is OPTIONAL twenty (20} year retireme nt. D. Health Insurance (1) Re tention of present Health Insurance Plans, including the addition of any new benefits installed by the Insurance Compcmy or Companies . 'I'h e cost of above He alt l1 Insurance Plans are to be pa.id for 100% by the City of Ithaca. The current cos t o._!_s1!ch insurance to the City is $788.64 for family covex:-age, and $322.68 for individuai._s:o';'.:<::.:1:'..: age_. E. Holidays (1) All employees, whether on duty or off, shall receive twelve (12) hou~s of 'Holiday Time' off for t:he following holidays and shall be credited for such time o f f on the date of each holiday. The holidays are as follows: l. January 1 7. October 12 2. February 12 8. November 11 3. Febn,.ary 22 9. 'I·he fourth Thurs day in November 4. May 30 10. December 25 5. July 4 11. Employee's Birthda~ 6. The fi.rst Monday in Sept. (2) This accrued time shall be taken off within a period of one year next follow- ing such holiday at the convenience of the employees, if it does not interfere with the normal operations of the Fire De partment. E'. Hours of Work (1~ Employees shall report on time for duty and no employees shall go off duty until properly r e lieved in quarters. Tours of duty shall be from 7:00 a.m. to 5:00 p.m. for. the day shift and from 5:00 p.m. to 7:00 a.m. fo:r-the night shift. '110 be properly relieved in quarters , a member must be either relieved by the man assigned as his r e - lief, or in lie u of such r e lie f, by authorizRt:ion of the offic er in charge ~ Earlier er later shift change times will b e allowed b(~twe en me mbers and their relief if the time is mutually agreeable bet~een the two men and there is no interruption of the Fire Department procedure s. Fire G. Vacation Allowance (1) After completion of one year, each employee shall be entitled to two weeks vacation with full pay. After completion of five years, each employee shall be entitled to three weeks vacation with full pay. Commencing with the completion of ten years of service, each employee shal] be entitled to an additional day of vacation for each two (2) years service up to his 18th year, i.e., 10 years - 1 day, 12 years - 2 days, 14 years - 3 days, 16 years - 4 days, 18 years - 5 days. After the 18th year he shall receive four weeks vacation with full pay. H. Sick Leave (1) The accumulation of sick leave is to be unlimited and, upon an employee's retirement, unuse d sick leave up to 112 days 'i::o an employee's credit shall be computed at h::..s current regular rate of pay and applied to the payment of extended health and accident insurance coverage. However, such credit shall not exceed $4,000. The rate of accwnulation shall be 12 days annually. I. Work Schedule (1) The work schedules of the Fi.re Department will remain as they are now or until s uch time as New York State Statutes force them to change. All such changes in work schedules must be given to the Union in advance of the date of the proposed change and the Union will have a voice in either accepting or amending such change or changes. J. Rules and Regulation~ The Rules and Regulations of the Fire Department, City of Ithaca, State of New York, dated effective March 1, 1974 including amendments made since, shall remain in full force except the exceptions that are incorporated in this Agreement. [Any amend- ments to these Rules must be mutually agreed upon by the Union and the Fire Chief and the Board of Fire Commissioners.] and the -,-Fire This Agreement must be authorized by the Ithaca Paid Firefighters Association signed by its Secretary and President, ancl authorized by the Common Council of City of Ithcica and signed by the Ma.yor and Clerk of the City. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION rro PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE P,DDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UN'l'IL 'THE APPROPRIA.TE LEGIELA'rIVE BODY HAS GIVEN APPROVAL. AGREEMENT BY NEGOTIATORS: Chairman, City of Ithaca ATTEST: City Clerk ATTEST: Union Secretary Chairman, Ithaca Paid Firefighte rs Association CITY OF ITIIACA Mayor ITHACA PAID F'IREFIGHTERS ASSOCIATION Union President 4 .. STEP FIREFIGHTER Minimum $9,922 1 J0,120 2 10,322 3 10,528 4 10,739 5 10,954 6 11,173 7 11,396 8 11,624 9 11,856 10 12,093 11 12,335 12 12,582 13 12,834 14 13,091 15 13,353 1977 COMPENSATION PLAN ITHACA FIRE DEPARTMENT FIRE ALARM $10, 739 10,954 1.1,173 11,396 11,624 11,856 12,093 12,335 12,S82 12,534 13,091 13,353 13,620 13,892 14,170 14,453 SUPT. LIEUTENANT -------~ $13,353 13,6:0 13,892 14,170 14,453 14,742 15,037 15,338 15,645 The 1977 Compensation Plan for the Ithaca Fire Department is computed by the following method: 1. Raise the 1976 starting pay for the rank of Firefighter by 4.5%. ($9,495 + $427 = $9,922) 2. Compute 15 successive steps of 2% co!r!pounded increments: i.e., Each step after minimum is equal to the ;_,:ireceeding step plus 2% of the preceeding step. 3. Pay for Fire Alarm Superintendent is based on a minimum pay equal to Firefighter step #4 with 15 2?" steps (compounded). 4. Fire Lieutenant pay is based on a minimum pay equal to Fire- fighter top pay plus 8 2% steps (compounded). LO LD 0 <( <( <( Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City or Ithaca, New York 7:30 P.M. 161 October 6, 1976 Aldermen (9) -Boothroyd, Boronkay, Dennis. Gutenberger, Holman. Meyer, Nichols, Saccucci, Slattery. ABSENT: (1) -Spano OTHERS PRESENT: City Attorney -Shapiro Bldg. Comm'r -Hoard Dir., Planning & Development -Van Cort Director, Youth Bureau -Cutia PLEDGE OF ALLEGIANCE: Mayor -Conley Chief of Police -Herson City Clerk -Rundle Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Boothroyd: Seconded by Alderman Dennis RESOLVED, That the minutes of September 1, 1976 meeting be approved as recorded by the City Clerk. Carried Mayor Conley announced that Alderman Spano was excused from attendance at the meeting due to illness, and informed the Council that Alderman Spano is confined temporarily in St. Mary's Hospital in Rochester, New York. COMMUNICATIONS: City Clerk Rundle read a letter from the South Hill Civic Association which was addressed to the Common Council: Members of Common Council City of Ithaca 108 East Green Street Ithaca, N.Y. 14850 Ladies and Gentlemen: 316 Turner Place Ithaca, N. Y. 14850 October 6, 1976 Please be advised that the South Hill Civic Association has re- solved the following: 1) We support the efforts and plans of the City of Ithaca to regu- late and improve the traffic flow in Downtown Ithaca. 2) We recommend that steps be taken to limit truck traffic South- bound on Aurora Street to trucks making local deliveries only, thereby regulating the said Southbound traffic in the same manner as Northbound. 3) We recommend that steps be taken to check the destinations and weights of truck traffic going North on Aurora Street, since it would appear as if a great deal of through truck traffic is on .... .. • 1 162 -2-October 6, 1976 Resolution By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the appeal of Mr. Smith be referred to the Budget & Administration Committee with power to act on behalf of the Council. Carried Mr. A. M. Hernaez, 221 Prospect Street, asked to appeal the penalty assessed him for late payment of city taxes, stating that he received no tax notice. Resolution By Alderman Boothroyd: Seconded by Alderman Saccucci RESOLVED, That the appeal of Mr. Hernaez be referred to the Budget & Administration Committee with power to act on behalf of the Council. Carried Zoning Change Petition Mr. David Cornelius, 109 Farm Street, Vice Chairman, Fall Creek Civic Association, presented a petition with 271 signatures supporting the · appeal to Common Council to change zoning in the Fall Creek Area from R-3 to R-1: "We, the undersigned, support the motion adopted by the Fall Creek Civic Association at its meeting on September 13, 1976, to appeal to Common Council to change zoning in the Fall Creek Area from R-3 to R-1, with relaxation of restriction on lot size at a later time." Fall Creek Area Draina~e Project Mr. Ernest Grosser, Io W. Fall Street, expressed appreciation to the Mayor and Common Council, on behalf of the residents of the Fall Creek Area, that work has begun in the area on dredging of the creek. Drainage Ditch on Lucente land David Gersh, Attorney, appeared on behalf of Donald Lucente and the Ithaca Commercial Center to request the Council to take action on a matter that was referred to it by the Board of Public Works for a policy decision, with respect to filling a ditch on Mr. Lucente's property and installing a culvert adequate to carry off the run-off water from South Hill. Mr. Gersh said the request was made in the interest of what is fair and right, and to permit an Ithaca businessman to c omplete his project by mid-October, the anticipated opening date. Resolution By Alderman Meyer: Seconded by Alderman Nichols RESOLVED, the matter be referred to Planning & Development Committee. After discussion on the floor, Alderman Meyer withdrew her resolution and the matter was referred to the Committee of the Whole. Mayor Conley commented he would call a Special meeting of Council on Wednesday, October 13, at 5:00 p.m. in the Common Council chambers, immediately following the meeting of the Board of Public Works, to make a policy decision concerning the matter. Southside Neighborhood Improvement The Rev. Robert L. Johnson, 217 Park Place, presented to the Mayor and Common Council a recommendation concerning the housing shortage in the Southside and the zoning variances in that area which harm the neighbor- LD LD 0 c:::c c:::c c:::c 163 -3-October 6, 1976 development be permitted in the area except where such development would clearly improve rather than harm the residential character of the neighborhood. "PEOPLE CANNOT LIVE IN OFFICES, PARKING LOTS, RESTAURANTS, AND GARAGES." Henceforth -I recommend that no further commercial development be per- mitted in the area, pending planning for residential improvement, in- cluding those sections now zoned commercial. Exceptions to this rule should only be made by Common Council upon recommendation from the Planning Board. So, in other words, for the time being, until comprehensive plans can be made for the South Side, commercialization should stop unless the Planning Board judges that it would be beneficial rather than harmful, and the Common Council agrees. I would regard this as the minimum necessary protection for the area in the interim before a program can be established, and as a convincing pledge of good faith to the South Side and its residents. Signed by Rev. Dr. Robert L. Johnson on this day of 10/ 4/ 76'' The Rev. Johnson further commented that a sign "no left turns on Cleve- land Avenue" has disappeared and a petition is being circulated concern- ing this which will be brought to the Council. Ithaca Housing Authority "1r: Elester Cunningham, Chairman of the Ithaca Housing Authority, intro- duceJ Mrs. Mary Louise Battisti, new Director of the Ithaca Housing Authority, who spoke briefly to the Council. Mayor Co~ley welcomed Mrs. Battisti and assured her of the support of the Council, Departments within the City and himself. CITY ATTORNEY'S REPORT: City Attorney Shapiro reviewed the Draft Agreement between the City of Ithaca and the Southside Community Center, Inc., copies of which had been distributed to the Council members (Copy attached to Minute Book). Resolution By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the agreement be accepted. Carried Zoninf Cases Cityttorney Shapiro reported that the City is involved in a couple of zoning cases; lately the city has been getting 1 or so zoning variances a month. In addition, he reported that there is still pending a lawsuit that the City can't tax the extension of Hancock Street. CHARTER & ORDINANCES COMMITTEE: South Hill Traffic Ordinance v By Alderman Slattery: Seconded by Alderman Boronkay ""T"'a.T-.'ta,•--,•••••----- - 164 -4-October 6, 1976 Road to South Aurora Street; and Stone -Quarry Road, from the South City line to Spencer Road, except the following:··---- 1. Buses engaged in, or normally engaged in, receiving or delivering passengers along Route 96B between its inter- section with Route 96 in the Town of Candor, Tioga County, and the intersection of Aurora Street and State Street in the City of Ithaca. 2. Trucks engaged in delivery or pickup of merchandise or other property along Route 96B between its intersection with Route 96 in the Town of Candor, Tioga County, and the intersection of Aurora Street and State Street in the City of Ithaca. 3. Buses being operated by public or private schools. SECTION 3 -This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.ll(B) of the Ithaca City Charter." Carried Archery Ordinance1 By Alderman Slattery: Seconded by Alderman Nichols ORDINANCE NO. 76-9 AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" of the City of Ithaca Municipal Code BE IT ORDAINED and enacted by the Common Council of the City of Ithaca as follows: Section 1 -That Chapter 65 entitled "Public Safety" of the City of Ithaca Municipal Code is amended as follows: 1. That a new paragraph is to be added to the end of Section 65.35 to read as follows: "Except pursuant to the provisions of Section 241.10 of the Rules and Regulations of the Board of Publi~ Works, no person shall discharee, fire, or use archery equipment of any kind or nature whatsoever upon any public propcr~y of the City of Ithaca." Section 2 -This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried Chapter 19.1 ~_!hac~_Municipal Code Alderman Slattery informed theCouncil that he had received telephone calls from residents1 and questions from people at work, in regard to the opening of a club on W. State Street which will feature topless d a nc;;.:rs as a form of entertainment. Mayor Conley asked City Attorney .._, r _, 1 n , T .._ 1-_ _ _ 1, *-__ ; _ ! __ , r, -. .l _ ,.. _ ;a LO LO 0 <( <( <( 165 -5-October 6, 1976 WHEREAS, it is necessary to expend moneys pri-or·.,to-approval of the state contract, NOW, THEREFORE, BE IT RESOLVED, That the Youth Bureau is authorit(K} to expend a maximum of $300 from line 312, Equipment Parts and Supplies prior to receipt of approval of the state matching funds. Carried Youth Bureau -aEpointment of Sr. Stenograbher By Alderman Dennis: Secondea by Aldermanoothroyd RESOLVED, That Christine Brill be appointed a Senior Stenographer in the Youth Bureau at a salary not to exceed $7,358, effective October 1, 1976. Carried Youth Bureau -Personnel Roster By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the 1976 Personnel Roster for the Youth Bureau be amended to include the position of Youth Development Program Leader. Carried Use of personal vehicles for City business by seasonal employees By Alderman Dennis: Seconded by Alderman Boothroyd WHEREAS, during the 1976 summer programs in the City of Ithaca Youth Bureau, five employees were required to use their personal vehicles, and WHEREAS, these people were seasonal workers and did not come under any of the Union contracts which authorize the payment of mileage, NOW, THEREFORE, BE IT RESOLVED, That the Youth Bureau is hereby author- ized to make payments not to exceed $25.00 per person to the five people who used their personal automobiles iuring the summer. Carried Amendment of 1976 Tax Roll Dy Alderman Dennis: Seconded by Alderman Slattery WHEREAS, the 1976 Tax Roll for the City of Ithaca included a lot fronting 28 feet at 317 East Falls Street by 86 feet in depth with an additional piece of land 63.3 feet by 20 feet to the rear of 321 East Falls Street, and WHEREAS, pursuant to Section 554 (Sub. 4a) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Louise T. Brown, 317 E. Falls Street, and WHEREAS, said investigation revealed that the additional rear lot is not owned or occupied by Brown but by Reese at 321 East Falls Street. and WHEREAS, the Director of Assessments recommends that the assessed value 166 -6-October 6, l.976 Human Services Coalition of Tompkins Count~ By Alaerman Dennis: Seconded by Aldermanoothroyd RESOLVED, That $5,106 be included in the 1977 budget for services pro- vided by the Human Services Coalition of Tompkins County, Inc. Carried Discussion followed on the floor. A vote was taken on the above resolution which resulted as follows: Ayes (5) -Boothroyd, Dennis, Gutenberger, Holman, Saccucci Nays (4) -Boronkay, Meyer, Nichols, Slattery Carried Mayor Conley agreed that he would write a letter to the Human Services Coalition of Tompkins County, informing them of the City's position on the project. Audit By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget & Administra- tion Committee in the total amount of $22,878.40 as listed on Audit Abstract #10-1976 be approved for payment. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried PLANNING & DEVELOPMENT COMMITTEE: "' HII;·:·.o:c1c District Des1gnat1on By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That the request from the Ithaca Landmarks Preservation Com- mission for the designation of two historic districts: DeWitt Park District, East Hill, be referred to the Planning Board for review and -. report back to the Planning & Development Committee. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Health Alliance Director of Planning & Development Van Cort reported that the department continues to work with the Alliance to try to get a health center in the downtown. School Reorganization Director of Planning & Development Van Cort reported that the Mayor's Task Force have developed a draft position paper on the school reorgani- zation which, when finalized, will be circulated to the Council members, hopefully by next meeting. Route 96 Director of Planning & Development Van Cort explained that he had abso- lutely nothing new to report in respect to Route 96 inasmuch as the -- ---., ----~ 167 -7-October 6, 1976 response to the request of the Fall Creek Civic A~$ociation that action be taken in the area regarding the conversion of formerly single-family homes to either cooperative residencesor some other kind of use which increases the residential density in that neighborhood, and the urgency of their appeal, the Planning Department recommendt instead of changing zoning in the area, a moratorium on conversions and other increases in density be considered by the Common Council for those areas of the City affected (probably all of the R-2 and R-3 districts in the City). Resolution By Alderman Gutenberger: Seconded by Alderman Dennis RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGE(S) TO ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING BE IT RESOLVED, That Ordinance No. entitled "An ordinance amending Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code"* be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and BE IT FURTHER RESOLVED, That the Common Council shall hold a public hearing in the matter of adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall at No. 108 East Green Street in the City of Ithaca, New York on Wednesday the 3rd day of November, 1976 at 7:30 o'clock P.M., and BE IT FURTHER RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, speci- fying the time when and the place where such public hearing will be held, an : in general terms describing the proposed ordinance. Such notice sha:·1 he published once at least fifteen days prior to the public hearing. BE IT FURTHER RESOLVED, That the City Clerk shall tran~ft forthwith to the Tompkins County Plannine Board a true and exact copy of the proposed zoning ordinance for its report thereon. BE IT FURTHER RESOLVED, That this matter be referred to the Board of Planning and Development. *to provide for a temporary moratorium on certain Building Permits and Certificates of Occupancy. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried HUMAN SERVICES COMMITTEE: Alderman Boothroyd called attention to copies of a communication from Director of Youth Bureau Cutia and reports from the Recreation Program Committee and Youth Development Committee of the Youth Bureau which were distributed to the Council and informed them he would come back to them with a resolution at the next Council meeting, subject to approval of the Human Services Committee. 168 -8-October 6, 1976 Resolution By Alderman Slattery: Seconded by Alderman Dennis . RESOLVED, That $2,500 be appropriated ·ta refurbish the Councii Chambers, funding to be determined by the Budget & Administration Committee, with power to act. Carried ADJOURNMENT: On a motion the meeting adjourned at 10:21 p.m. ; osdp A. Rundle, City Clerk I LD LD 0 <( <( <l'. 169 COMMON COUNCIL PROCEEDINGS . City of Ithaca, New York Special Meeting 7:30 P.M. October l3, 19?6 PRESENT: Mayor -Conley Aldermen -(6) Boothroyd, Gutenberger, Holman, Meyer, Nichols, Saccucci ABSENT: Aldermen -(4) Boronkay, Dennis, Slattery? Spano OTHERS PRESENT: City Attorney -Shapiro Deputy Bldg. Comm'r -Jones City Engineer -Cox Supt. of Public Works -Dingman ADDITION TO THE AGENDA: Chief of Police -Herson Bldg. Comm'r -Hoard City Clerk -Rundle Planning & Development Committee Alderman Gutenberger requested permission to add an item (Treva Avenue Land) to the agenda. No Council member objected. SPECIAL ORDER OF BUSINESS: Draina~e Ditch -Donald Lucente ProEertf Davidersh, Attorney, appeared oneha f of Donald Lucente and the Ithaca Commercial Center, and briefly described the problem of his client: the run-off water from South Hill is being carried across the property of Mr. Lucente who is, as a public service, permitting his land to be used for this purpose. The matter came before the Board of Public Works who referred it to the Common Council for a policy decision, with respect to filling a ditch on Mr. Lucente's property and installing a culvert adequate to carry off the run-off water. In Attorney Gersh's opinion, the Board of Public Works recognized the City's obligation when it agreed to pay half the cost of doing the necessary improvement. Mr. Lucente requests the City to pay 90% of the cost of improvement inasmuch as the ~•4ter is not from his property, but from South Hill, some of which is in the Town of Ithaca, which perhaps should bear some of the responsi- bility for the situation. Mr. Lucente wants to develop the site--has to complete development by the middle of October--and asks that Council act on the matter by authorizing such sums as Supt. Dingman and his staff deem appropriate to complete the improvements of putting in necessary culverts and filling the drainage ditch which would permit Mr. Lucente to use the area for parking. At the last meeting members of staff were not present to present the kind of technical data that was needed; there- fore the matter was adjourned. Mayor ~OftlQy asked City Engineer Cox to present data to the Council which might help them in dealing with the situation. Mr. Cox reported that some months ago Mr. Lucente had presented his plans for development of the site to him. The department took the stand that they were not authorized to spend public funds on private property. Subsequently Mr-. Lucente's request for installation of culvert and filling of the drainage ditch was brought to the Board of Public Works who referred it to Com- mittee. The Committee met with Mr. Lucente and developers, did some negotiating about the cost of the proposed project and said perhaps the City might spend some money on the project. They estimated the project, ,:ac:: MT T.11rAnt-P w::1nt-Prl it-rlnnA wnnlrl rnc::t--,n~'""..,.;..,.,.+o 1u t?n nnn .,..,..,1 ,.,;+l.. 170 -2-October 13, 1976 Alderman Gutenberger amended his resolution as follows: RESOLVED, That the project be shared -roughly 50% Mr. Lucente's partici- pation and 50% City participation -between Mr. Lucente and the City of Ithaca, but cost not to exceed $10,000 on Mr. Lucente's part. A vote was taken on the amended resolution as follows: Ayes -(4) Gutenberger, Nichols, Meyer, Holman Nays -(1) Saccucci Abstention -(1) Boothroyd Planning & Development Committee ✓ Treva Avenue Land Carried Alderman Gutenberger reported that about a year ago the City declared an 8' piece of land on Treva Avenue to be surplus, had an appraisal made • ($19,000 per acre), advertised, and held auction for sale of the land. Mr. Paul Ward, 202 Bridge Street, who wished to build a garage and needed the piece of land which is located adjacent to his property, was the only prospective buyer present, but did not bid, on the advice of his attorney, as there appeared to be some question as to whether he or the City owned the land. At the present time, Mr. Ward would like to buy the 8' strip plus an additional 3' (zoning of the area has been changed in the interim from R-2 to R-1, necessitating 11' instead of 8' for Mr. Ward to meet lot requirements). Mr. Ward was present and gave Council some background on his attempt to secure the property. Resolution By-itlderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That the piece of property in question be advertised to be - sold at public auction for a price not less than $500 plus appraisal cost and cost of two advertisements, subject to the Board of Public Works declaring the additional 3' of land surplus. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried v ORDINANCE TO PROHIBIT TOPLESS DANCERS: Mayor Conley gave the Council some background on why the ordinance is before it. Alderman Slattery, Chm. of Charter & Ordinances Committee, at the last Regular meeting of the Council, asked that action be taken in respect to the employment of topless dancers at the newly-opened Twenties Club on W. State Street. Mayor Conley reported that since then he had talked to one of the owners on the telephone and met with the second owner. He also had talked to the Alcoholics Beverage Control Board whose regulations permit this type of activity in licensed places, subject to the following requirements: (1) performance would have to be done on stage at least 18" above the floor; (2) performance would have to be at least 6' away from the nearest patron. Mayor Conley said he asked the Building Commissioner to check the club's premises and he reported back to the Mayor that everything appeared to be in order. In checking the pertinent ordinance and checking with the City Attorney, -• -• • • ,. • 1 • -· L -----_ r _ -.._ ---.._ _ .!, __ -_ ,L. LO 171 -3-October 13, 1976 regulations. The Supreme Court rules that cities can in fact enact ordinances that would prohibit this type of activity so, the Mayor asked the City Attorney to draw up such an ordinance which the Mayor brought back to the Council for action at this meeting. At the Mayor's request, City Attorney Shapiro read the proposed ordinance to the Council. Resolution By Alderman Meyer: Seconded by Alderman Nichols ORDINANCE No. 76-10 AN ORDINANCE AMENDING CHAPTER 19 ENTITLED "AMUSEMENTS" 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: LO Sect ion 1. That Chapter 19 of the City of Ithaca Municipal Code entitled "Amusements" is hereby amended as follows: 0 <( <( <( Section 2. 1. That a new section to be known and designated as Section 19.3 entitled "Prohibited Shows, Exhibits, Appearances and Performances" to follow Section 19.2 is hereby added to said Chapter to read as follows: "All shows, exhibits, appearances and performances of any kind wherein a female appears live in a public place clothed or costumed in such a manner that the portion of her breast below the top of areola is not covered with a fully opaque covering are expressly prohibited within the City of Ithaca. Females so appearing as well as any person promoting such an appearance are in violation of this ordinance. Pro-~ mating such an appearant:e is defined. as any action by a person when he or she knowingly conducts, maintains, owns, manages, operates or furnishes any public pre- mises or place where a female appears in such manner as set forth hereinabove." This ordinance shall take effect immediately and in accordance with law upon publication of a notice as pro- vided in Section 3.11 (B) of the Ithaca City Charter. Mayor Conley commented that he received three letters and fifteen phone calls encouraging him to pass the ordinance. The following appeared before Council and spoke against the proposed ordinance: Mr. Bob Nichols, Co-owner 20's Club Judy Cone -210 Lake Avenue Sue Cone -210 Lake Avenue The following appeared before Council and spoke in favor of the proposed ordinance: 172 -4-October 1 3 , 1 9 7 6 for promotional c.amp-ai..gn to alert the .public of traffic changes and parking regulations to a VD id confus·i-on be Te£orre-<l to the Budget & Administration Committee with power to act. Carried ADJOURNMENT: On a motion the meeting adjourned at 9:58 p.m. AGREEMEN'I' Made this day of , 1976, between the City of Ithaca, New York, and Southside Conmunity Center, Inc. In consideration of $1.00 and other valuable consideration the receipt of which is hereby acknowledged, t:he parties hereby agree as follows: 1. For a period of ten (10) years, Southside Community Center, Inc., will be permitted the nonexclusive use of the building located at 305 South Plain Street as a means of providing a variety of community services for citizens of all ages .. These services shall be offered in the fields of health, education, delinquency prevention and control, ...... -· ! eT.ployme'1t, and. recreation for the purpose of promoting the moral, m.ental, and soc:1.al welfare of the cornmuni ty. 2. Southside Community Center, Inc., agrees that it will work with other ci-'cy agenci~s in a spirit of cooperation s::i as to maximize the avail2..bility of community services and, when appropriate, the facilities at 305 South Plain Street. 3. Southside Community Center, Inc., will keep the City in:i:'ormed of its programs and. nctify the City of any major pr0grarn chaD.geE to be implementea.. ~-'l1he Cit:r agrees that it will inform the Southside Center of potential funding ar.:d program opportunities. 5. Maintenance responsbili tie:-;; will be di v-ided as follov-s: a) SO11t,h s tde Corn.munj_ty Center, Inc , will be responsible for da:v-to-day upkeep, including painting and minor remodeling . I b) 'Phe City will a.sr;i:ane responsi bli ty for ma,ior repairs needed. -2- 6. a) Southside Community Center, Inc., will secure Program and Use Liability insurance at least in the amount of $300,000. in a form satisfactory to the City. It will also insure against theft and vandalism an<l indemnify the City for any damage to or loss of Cit:,· property by reason of such theft or vandalism. Southside Center, Inc. will provide copies of all such policies to the City. b) The City of Ithaca will maintain general liability and fire insurance on the building and property on which it is situated. 7 I• The parties hereby agree that this contract shall be auto- matically renewed for an additional ten years at the end of the original ten year term at the option of the Southside Community Center, Inc., unless, at such time, the building does not meet the minimum standards of the City of Ithaca Building Code. 8. If at any time the building is in violation of any applicable codes and such violation is not corrected within sixty (60) days of notification of such violation to the Southside Communtiy Center, then this agreement shall, at the option of the City, terminate, and any and all rights of the Southside Center to use the building shall end, and the Southside Center agrees in such instance to imrnedia.tely vacate the premises. It is understood that the responsibility for any repairs necessary to comply with this paragraph will be governed by Paragraph 5 above. 9, This contract can be terminated upon twelve months advance notice given by either party to the other if the programs provided by Southside Community Center, Inc., are not in the spirit of the terms of paragraph one of this agreement or if either party is in violation of any of the·· other terms of this Agreement. -3- Southside Community Center, Inc. By: City of Ithaca ORDINANCE NO. 76 - AN ORDINANCE AMENDING CHAPTER 19 ENTITLED "AMUSEMENTS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common CounciJ of the City of Ithaca, New York, as follows: Section 1. That Chapter 19 of the City of Ithaca Municipal Code entitled "Amusements" is hereby amended as follows: 1. That a new section to be known and designated as Section 19.3 entitled "Prohibited Shows, Exhibits, Appearances and Performances" to follow Section 19.2 is hereby added to said Chapter to read as follows: "All shows, exhibits, appearances£ and~~erformances of any kind wherein a female app-ars~in a public place clothed or costumed in such a manner that the portion of her breast below the top of areola is not covered with a fully opaque covering are expressly prohibited within the City of Ithaca. Females so appearing as well as any person promoting such an appearance are in violation of this ordinance. Pro- moting such an appearance is defined as any action by a person when he or she knowingly conducts, maintains, owns, manages, operates or furnishes any public pre- mises or' place where a female appears in such manner as set foY-th hereinabove." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. LO LO 0 <C <x: <C COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 173 Regular Meeting 7:30 p.m. November 3, 1976 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery, Spano. OTHERS PRESENT: Controller -Daley City Attorney -Shapiro Supt. of Public Works -Dingman Dir. Planning & Development -Van Cort Deputy Building Comm'r -Jones PLEDGE OF ALLEGIANCE: Building Comm'r -Hoard Chief of Police -Herson Fire Chief -Weaver Planner II -Meigs City Clerk -Rundle Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Boothroyd: Seconded by Alderman Spano RESOLVED, That the minutes of October 6, 1976 meeting and October 13, 1976 Special meeting be approved as recorded by the City Clerk. ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Dennis requested permission to add 4 items to the agenda: 1. Audit 2. Positions in Youth Bureau -Salaries 3. EqHipment List Change in Youth Bureau 4. NHS -Appropriation of $25,000 No Council member objected. Human Services Committee Alderma~. Boothroyd requested permission to add 3 items to the agenda: 1. Fees for Non-participating Municipalities 2. Contract with Village of Trumansburg 3. BPW -Elmira Road -Application for federal funds No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing -"Temporary Moratorium on Certain Building Permits and Certificates of Occupancy" Resolution to Open Public Hearin~ By Alderman Boronkay: Secondedy Alderman Saccucci RESOLVED, That the Public Hearing be opened. Carried \/ Director of Planning & Development Van Cort briefly explained the Mora~ torium: It would affect residential properties in R-2 and R-3 zones by prohibiting the issuance of any building permits or Certificates of Occupancy which would raise the densities in those zones during the period in which it would be in effect (the next 7 months). There is an 't""-L"ln ~ l"'\.r.arl•, a "I + o Un.¥ n .; h,7 '1 .. 1' •,.. o I:!>,... ,.,.,. .. ,. C'> 6 , 174 -2-November 3, 1976 presented at last month's meeting requesting a change in zoning in the Fall Creek Area from R-3 to R-1. David Cornelius, 109 Farm Street (member of Fall Creek Civic Assoc.) Resolution to Close Public Hearin~ By Alderman Boothroyd: Secondedy Alderman Saccucci RESOLVED, That the public hearing be closed. Carried Alderman Gutenberger reported the Planning & Development Committee had met on Monday night and the moratorium ties in with the item of the zoning study which his committee studied and reached a consensus of opinion on. Because the committee had only received it in writing at the meeting tonight, Alderman Gutenberger requested a 5-minute break to read it over so that it could be discussed. The meeting recessed at 8:00 p.m. and resumed at 8:10 p.m. PLANNING & DEVELOPMENT COMMITTEE: /Building Permit Moratorium By Alderman Gutenberger: Seconded by Alderman Nichols AMENDING ZONING ORDINANCE ORDINANCE NO. 76-11 AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" 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. ADDING §30.59. "1. That §30.59 entitled "Temporary Moratorium on Certain Building Permits and Certificates of Occupancy" is hereby added." "2. That for a period of seven (7) months from the date this part becomes effective, the Building Commissioner shall cease to issue~ a. Any Building Permit which involves building alterations, addi- tions or new construction which would increase the number of dwelling units, or, in the opinion of the Building Commissioner, otherwise increase the residential occupancy on the property for which the permit is requested. b. Any Certificate of Occupancy for a change in use which would increase the subject property's residential occupancy. SECTION 2 . APPLICATION OF MORATORIUM "This moratorium shall apply to all properties located in districts in the City in which residential uses are permitted, with the exception of R-1 districts. SECTION 3. APPEALS PROCEDURE. "If an individual applying for a Building Permit or Certificate of Occupancy covered by this moratorium can demonstrate hardship as a result-~ n-F -t-hP mnr::!t-nri11m hP. nr c;;hp m::iv ::,innP.::,il to the Boarcl of Zonincr Anneals 175 -3-November 3, 1976 Zonin~ Stu~y By AI erman Gutenberger: Seconded by Alderman Dennis WHEREAS, Common Council has directed the Department of Planning and Development, with the Building Commissioner, to undertake a thorough study of residential zoning in the City, and WHEREAS, the Board of Planning and Development has strongly and unani- mously recommended that the study include a survey to obtain needed information regarding property and building dimensions, occupancy, non- conformity, parking, conversions, trends in use, and other data not currently available in sufficient quantity or usable form, and WHEREAS, the Building Commissioner has indicated that such a survey and resulting data base would be extremely useful in the conduct of his department's business, and WHEREAS, the survey necessary for the zoning study presents an oppor- tunity to obtain data needed for such related purposes as support of Community Development activities and the preparation of programs and applications for other community improvements, and for establishment of a systematic computerized data base useful in many phases of community development, at minimum additional cost, and WHEREAS, such study, conducted primarily by city staff with some con- sultant and paid surveyor assistance, and including a basic data survey of all residential properties and a detailed sample of twenty-five percent (25%) of residential properties, is estimated to cost ten thousand dollars ($10,000), and WHEREAS, the Planning and Development Committee has unanimously recom- mended the authorization of such itudy and expenditure, with an expansion of the detailed survey to 100% of the city's housing units, BE IT RESOLVED, That this Common Council approves and authorizes such study, including a detailed survey of up to 25% of all residential ~~opert~es in the city, with a maximum expenditure of $10,000 to be appropr~ated from existing funds and with a decision to be made on an appropriation for expansion of the detailed survey after the exact cost of the 25% sample has been determined, and BE IT FURTHER RESOLVED, That Council urges that such study be completed as soon as possible and that recommendations resulting therefrom be presented to Council as soon as they are available. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Historic District Designation v DeWitt Park Mr. Christopher Anagnost, 903 E. State Street, Vice Chairman Ithaca Landmarks Preservation Commission, read a letter from Barbara T. Hassan. owner of property at 404-406 N. Tioga Street, and reported on a telephone conversation with Mrs. Hall, 405 N. Tioga Street, who endorse the exten- sion of DeWitt Park Historic District to include their properties. 176 -4-November 3, 1976 WHEREAS, the Commission did consider oral and written statements con- cerning the proposal received from the public, including properly noti- fied owners of properties affected by the proposal, prior to making its decision, and WHEREAS, the Commission did consider the presence of supporting informa- tion, including information as to the architectural and historic value of structures within the proposed district, prior to making its decision, and ~~ WHEREAS, the Commission did, at its regular meeting of September 13, 1976, designate such district as an extension of the DeWitt Park Historic , , District by unanimous vote of the five (5) members present, constituting a quorum, and WHEREAS, the ratification of such designation would serve the purposes and intent of the City's Landmarks Preservation Ordinance, and act generally to recognize and conserve the City's architectural heritage, and WHEREAS, the City's Board of Planning and Development has unanimously recommended in favor of such designation, BE IT RESOLVED, That this Common Council ratifies the Ithaca Landmarks Preservation Commission's designation of the above-described area (as further described on the attached sketch map which shall become a part of this resolution) as an extension of the DeWitt Park Historic District, and BE IT FURTHER RESOLVED, That such extension, together with the previously- designated DeWitt Park Historic District, shall be collectively referred to and known as the "DeWitt Park Historic District." Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried East Hill.., By Alderman Gutenberger: Seconded by Alderman Nichols RESOLUTION TO RATIFY DESIGNATION OF CITY HISTORIC DISTRICT (East Hill Historic District) WHEREAS, the Ithaca Landmarks Preservation Commission did, on June 14, 1976 hold a duly-advertised.public hearing concerning a proposal to designate an area on East Hill as a Historic District, containing proper- teis known as: 403, 108, 103, Sage 206, 108, East 407, 409-11, 413, 417, 419, 503 East Buffalo St. 109, 112-14 Parker Place 109, 114 Sage Place Infirmary and relating buildings, including the Henry 211 Schuyler Place 110, 112, 114, 116, 113, 115, 117, 119 Stewart Avenue Hill School W. Sage 'mansion' LO LO 0 <t <t <I: 177 • 5-November 3, 1976 WHEREAS, the ratification of such designation would serve the purposes and intent of the City's Landmarks Preservation Ordinance, and act generally to recognize and conserve the City's architectural heritage,and WHEREAS, the City's Board of Planning and Development has unanimously recommended in favor of such designation, BE IT RESOLVED, That this Common Council ratifies the Ithaca Landmarks Preservation Commission's designation of the above-described area (as further described on the attached sketch map which shall become a part of this resolution) as the "East Hill Historic District." Discussion followed on the floor. Mrs. Carol Sisler, Chairman, Ithaca Landmarks Preservation Commission, reported on discussions with some property owners in the East Hill area. A vote was taken on the resolution which resulted as follows: Carried COMMUNICATIONS: Budget Mayor Conley informed the Council he would make the budget presentation at the end of the agenda. Letter from Matt McHugh, Congressman, re. Revenue Sharin~ Mayor Conley reported to Council that he had received aetter from Congressman McHugh, indicating what the City can expect to receive during the coming four years: 1977 -$307,149; 1978, 1979, 1980 -$421,849 each year. Sales Tax Pay Back Mayor Conley informed the Council that he had met with the N.Y.S. Dept. of Taxation & Finance several months ago and at that time they had been receptive to his plan that guaranteed that all eleven cities affected would pay back the overage over the 1975 funding level by a minimum of at least $25,000 per year or 10 percent spread over a 10-year period. However, he recently received the statement from the N.Y.S. Dept. of Taxation & Finance wherein the cities are required to pay back the entire overage in six quarters. Mayor Conley said he has sent his comments on this change in plan to Comm'r. Tully and Gov. Carey. He further reported that the statement of sales tax receipts for the third quarter of 1976 has been received and the City received only $170 more than for the same period in 1975. Mayor's Appointments By Alderman Meyer: Seconded by Alderman Holman RESOLVED, That the Council accept the recommendation of Mayor Conley that the following appointments be made to the Environmental Commission: Mary Lincoln, 329 W. Court St. to replace Jonathan Simons; and Jack Hamilton, 408 Hook Place to replace John Shisler. Carried NHS -Authorization of Fundsv Mr. Roger Jacoby, representing the newly elected Board of Directors of Ithaca Neighborhood Housing Services, a recently incorporated venture which is ready to begi~ operatic~, asked the Council to authorize granting ""''II" .C-----------------·- 178 -6-November 3, 1976 THEREFORE, BE IT RESOLVED, That Common Council appropriate $25,000 from the first year (1975-1976) Community Development Fund to Ithaca Neighbor- hood Housing Services, Inc., for operation of the housing rehabilitation program. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried The meeting recessed at 9:05 p.m. and resumed at 9:50 p.m. CITY ATTORNEY'S REPORT: By Alderman Boothroyd: Seconded by Alderman Holman RESOLVED, That, as requested by City Attorney Shapiro, city taxes in the amount of $17.63 be expunged, and the county and Board of Education be requested to expunge taxes in the amount of $22.13 on a piece of land on Williams Glen Road which was purchased by the City from R. E. and B. J. Berggren, and on which the City paved a road. Carried CHARTER & ORDINANCE COMMITTEE: Open Container Or<linance Alderman Slattery reported that he has received replies from some cities and is awaiting replies from others from which he had requested informa- tion. The City of Rensselaer reported the ordinance is working very well for them. Freedom of Information Act Alderman Slattery reported he had received the final draft of the act from the City Attorney and the committee reviewed it and referred it to the City Clerk and City Judge for comment. Both reported no problems. Copies will be mailed to each Alderman to be considered at the next Council meeting. Elmira Road Sign Ordinance Aldermait Slattery reported the Planning Department is having some prob- lems with the ordinance and there probably would be no further action on it until after the first of the year. Cable Television Franchise Alderman Slattery reported that Mr. Cerrache did not sign the ordinance because there were amendments included to which he objected. Mayor Conley wrote to the Federal Communication Commission and requested them to review the amendments and advise him. He received a reply dated October 26 acknowledging receipt of his correspondence and assuring him they would review the ordinance and advise him as soon as possible. Mayor Conley said that if both the state and federal agencies felt the ordinance is over restrictive he may then come back to Council for adjustments to be made. Ithaca Housing Authority Alderman Slattery reported he has received minutes of meetings and an agenda for the meeting tomorrow evening which anyone may review. PLANNING & DEVELOPMENT COMMITTEE: Addition to Agenda "'..,.,, ,, ..._ ___ ---------------.&...-1 ________ ;! __ ,:; __ .._ ___ ].l --.!4.. ... _ ..__ ~1-..... ----. .l- 179 -7-November 3. 1976 WHEREAS, The City of Ithaca has such a public works project that could not otherwise be constructed in the absence of a Local Public Works grant, and WHEREAS, it is necessary that an application by the City of Ithaca be submitted to the Regional Director of the Economic Development Admini· stration in order to be considered for such a grant; Now, therefore, be it RESOLVED, That Mayor Edward J. Conley, Chairman of the Board of Public Works of the City of Ithaca be and hereby is, authorized and directed to execute on the behalf of the City of Ithaca and make application for a Local Public Works grant for the Elmira Road Improvement and provide the Economic Development Administration with such additional information as may be required, and be it further RESOLVED, That the City of Ithaca hereby assures and certifies that it shall comply with the regulations, policies, guidelines and require- ments, including Office of Management and Budget Circular No. A-95, and Federal Management Circulars 74-4 and 74-7, as they relate to the appli- cation, acceptance and use of Federal funds for this federally-assisted project. School Reorganization ✓ Ily Alderman Gutenberger: Seconded by Alderman Nichols WHEREAS, the Ithaca City School District is undertaking reorganization of the district to affect educational program quality, financial savings, and socio-economic balance, and WHEREAS, included in this process is the consideration of school closures in our city and in the entire School District which could affect the economic and social viability of the City's neighborhoods, and WHEREAS, the City's efforts to rebuild its neighborhoods and encourage families to remain or return to the city could be negatively affected by such school board actions, and WHEREA 7. it is questionable whether enrollments will continue to decline beyond 1980 and, therefore a flexibility plan for the use of space is desirable, and WHEREAS, the city contains a number of non-profit agencies occupying houses that could be otherwise occupied by a family, and WHEREAS, recent legislation now allows the joint occupancy of school buildings with non-school groups, and WHEREAS, the City's Board of Planning & Development has adopted a resolu- tion in support of the recommendation of the Mayor's Task Force on Reorganization, THEREFORE, BE IT RESOLVED, That the Common Council accept the Mayor's Task Force on Reorganization's report and adopt the following recommenda- tion to be forwarded to the School Board: 1. Retain all schools in the entire School District except Columbia Street Annex School as functioning schools. 180 -8-November 3, 1976 8. Establish commitment to maintaining a variety of educational oppor- tunities throughout the district. 9. Strengthen the magnet program in Central School to attract pupils from other schools for socio-economic balance. BE IT FURTHER RESOLVED, That these recommendations, while focused on the City's concerns are not in any way intended to detract from and indeed are felt to be in support of the arguments put forth by suburban and rural communities in support of retention of schools in areas outside the city. Carried Route 96 Alderman GutenberBer reported that there was a consensus committee meeting last week at which 7 of the aldermen were present. The Planning & Develop- ment staff and other city departments are taking a very hard look at how the proposed road will affect the city and may wish to recommend other alternatives. A1artment Registration Ordinance Aderman Gutenberger reported his committee met with the City Judge and City Prosecutor earlier in the afternoon. As a result they have a better understanding of how the city should proceed to insure compliance with existing laws and others that may be formulated. BUDGET & ADMINISTRATION COMMITTEE: v Senior Citizens Tax Exemption Notification By Alderman Dennis: Seconde<l by Alderman Slattery WHEREAS, the City of Ithaca Charter, Section 4.18 authorizes the City Chamberlain to include with tax bills, enclosures pertaining to assess- ments and the collection of taxes with Common Council's authorization for each such enclosure, prior to mailing thereof, and WHEREAS, the State of New York has mandated that each Municipality shall notify or cause to be notified each person owning residential real property in the Municipality of the availability of Senior Citizen Tax Exemption, NOW, THEREFORE, BE IT RESOLVED, That the City Chamberlain is hereby authorized and directed to include a notice with each tax bill of persons owning residential real property in the City of Ithaca, informing them of the availability of Senior Citizen Tax Exemption. Carried Reconstruction for Ithaca, Inc. -Trust & Agency Account By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That Common Council authorize the City Controller to expend $14.52 from money received from R.C.F.I., Inc. from the "Trust & Agency Account", said check to be made out to "Neighborhood Housing Services." v Reimbursement for Blue Cross/Blue Shield Overpayment By Alderman Dennis: Seconded by Alderman Boothroyd Carried WHEREAS, the New York State Government Employee's Health Insurance Program requires continuing coverage of persons who have been granted a service connected disability retirement, the employee must pay SO% of the- ,..,....c+ ~c <>n ;...,,1;u-i,l11!:1l e:1n,'l ~c;!l: n-f t-hP rnc;t" i-f t"hPv h::t"P i1PnPnrlPnt"c; ::inr'l Lf) Lf) 0 <C <C <( 181 -9-November 3, 1976 Positions in Youth Bureau -Salaries By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the salary scale for a Recreation Leader at 35 hours per week in the Youth Bureau be established at $6,971 to $10,320 per annum, and BE IT FURTHER RESOLVED, That a salary scale for a Recreation Supervisor at 35 hours per week in the Youth Bureau, be established at $8,161 to $12,080 per annum. Carried Equi1ment List Change in Youth Bureau By Aderman Dennis: Seconded by Alderman Spano RESOLVED, That the equipment list of the Youth Bureau for 1976 be amended to include: 2 Audio tronic Cassett recorders, Model 1401@ $42 1 Kodak~Pageant 16 mm, Model 12-E6 camera 2 DDB lamps@ $7.50 $ 84.00 534.80 15.00 for the Media Access Center, Greater Ithaca Activities Center. Carried Audit By Alderman Dennis: Seconded by Alderman Slattery RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $25,305.16 as listed on Audit Abstract #11-1976 be approved for payment. HUl-~AN SERVICES COMMITTEE: . . I/ es By Saccucci WHEREAS, the of youth and erman Ithaca Youth Bureau has not had recreation services outside the a policy on the provision City of Ithaca, and ~ 'EREAf . the City wishes to establish equitable cost benefit contracts for sucn ssrvices, NOW, THEREFORE, BE IT RESOLVED, That the Ithaca Youth Bureau is in- structed to adopt the following policy regarding the provision of its services to municipalities and individuals outside the City of Ithaca. 1. Priority for the provision of youth and recreation services shall be given to City of Ithaca residents and other municipalities within Tompkins County who contract for such services. 2. Individuals from non-contributing municipalities shall be allowed to participate on a program fee basis. However, such fees shall not be €Xclusionary in nature but shall reflect an individual's share in the costs for operating such programs. . .. It is the intent o~ this resolution not to exclude any individual from participating in the recreation or youth service programs of the City Youth Bureau. However, it should be recognized that participating municipalities and individuals must share in the costs related to the provision of such services. 182 -10-November 3, 1976 and _·., t".-' Witnesseth: Whereas the Youth Bureau has heretofore been interested and deeply in- volved in the development of the Youth Center in Trumansburg since its inception, and Whereas the Youth Center by T.R.U.S.T. (Toward Responsive Unified Services in Trumansburg) desires the Youth Bureau to continue to provide certain services to the Youth Center and desires to pay the Youth' Bureau for the cost thereof pursuant to the terms hereinbelow provided, and Whereas the Youth Bureau desires to provide such services at a cost and pursuant to the terms hereinbelow, Now in consideration of the mutual convenants, conditions and provisions contained herein, it is hereby Agreed as follows: 1. T.R.U.S.T. will pay to the Youth Bureau those funds it has ·available for staffing the Youth Center in the amount of at least $4,00Q.OO per annum in advance or quarterly. 2. The Youth Bureau will use 80% of such funds paid by T:R~U~~.T. t6. the Youth Bureau for direct costs of Youth Bureau personn~l work- ing at the Youth Center and the remaining 20% of such funds shall be used to cover fringe benefits, administrative costs, o~erhead, and other staff time not at the said Center. 3. The Youth Bureau shall, to the extent funds are available to it hereunder, provide the following services: a) hire and supervise staff people to run the said Center, ; b) make available work study, field work, volunteers, and other -~ people paid thru the Community Jobs Program and Work Relief to the Center as it may desire to do so, c) assist with funding applications, preparation of reports, public relations and other administrative work, and <l) make available information on youth services and programs 4. The Youth Bureau agrees to advise, subject to T.R.U.S.T. 's approval, on any programs or possible policy changes. T.R.U.S.T. will have the right of review and refusal of all new staff. 5. T.R.U.S.T. will be responsible for renting and maintaining a facility and will pay all rent, utilities and other costs associa- ted with the facility. 6. T.R.U.S.T. agrees to defend and hold the Youth Bureau and the City of Ithaca harmless from any claims arising from the use of the Youth Center and will obtain liability insurance satisfactory in form and amount to the Youth Dureau. 7. Either party may terminate this agreement at any time by g1v1ng ten (10) days written notice to either at the address indica- ted hereinabove. L.f) L.f) 0 <( <( <( -11-November 3, 1976 BICENTENNIAL COMMISSION: Mayor Conley commended Alderman Nichols for her effort in getting out the vote. 183 Alderman Nichols reported there would be another tour by the Bicentennial barge in the coming year with a different exhibit for the New York State Bicentennial. School Reorganization Task Force Alderman Dennis recommended that the City not participate in the reorganization. MAYOR'S RECOMMENDATIONS FOR 1977 BUDGET: Mayor Conley presented his recommendations for the 1977 Budget to Council, reviewing in depth the reasons for his recommendations in the amount of $9,202,735. Mayor Conley requested that Council adopt a tentative budget by January 1, 1977, holding a public hearing around December 15, 1976, and adopt a final budget in May 1977. Resolution By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the Mayor's Recommendations for 1977 Budget be referred to the Budget and Administration Committee as presented. Carried ADJOURNMENT: On a motion the meeting adjourned at 11:18 p.m. ,· ' / ( : ',1 • ~ COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 185 Special Meeting 5:00 p.m. November 23, 1976 PRESENT: Mayor -Conley Aldermen (8) -Boothroyd, Boronkay, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery. ABSENT: Aldermen (2) -Gutenberger, Spano. OTHERS PRESENT: Dir. Planning & Development -Van Cort Building Commissioner -Hoard City Clerk -Rundle SPECIAL ORDER OF BUSINESS: City Attorney -Shapiro Architect -T. Niederkorn Application for Federal Grant for Renovation and Improyements to the~ Hangar Theater By Alderman Holman: Seconded by Alderman Saccucci RESOLVED, That the Common Council authorize the preparation and sub- mission of a request for a grant under the Public Works Capital Develop- ment and Improvement Program of the United States Economic Development Administration for renovation and improvements to the Hangar Theater at a cost of approximately $100,000. BE IT FURTHER RESOLVED, That the Mayor be authorized to sign such appli- cation, and that the Mayor be authorized to enter into a contract for architectural services in connection with said renovation and improve- ments at a cost not to exceed $6,000 and subject to the availability of funds. Carried Primary Health Care Facility v By Alderman Nichols: Seconded by Alderman Dennis WHEREAS, the City is in need of primary health care services, especially in its neighborhoods near downtown, and WHEREAS, the Tompkins County Hospital Family Medicine Program is willing to provide primary care services in downtown in a rent-free facility for two years and will be responsible for all program expenses, including general housekeeping and overhead expenses, and WHEREAS, many sites for such a facility have been investigated, and WHEREAS, one site was found to be clearly the most appropriate, meeting the requirements of both the health care providers and city, and WHEREAS, the City is also in need of public parking spaces for downtown and the site is large enough to accommodate the health facility with its own parking and public parking as well, THEREFORE, BE IT RESOLVED, That the City of Ithaca provide for the Family Medicine Program rent-free, including all major maintenance for a period of no less than five years, a two-doctor health facility on a site presently owned by and to be purchased from Mobil Oil Corp., located on West State Street between Albany and Geneva Streets, and 186 -2-November 23, 1976 BE IT FURTHER RESOLVED, That the Co1ftffl01'\ Council hereby authorizes the Mayor or his designee to negotiate purchase of the afoN31ftentioned site, and that the Mayor or his designee be further authorized to negotiate and sign all agreements and contracts necessary for implementation of this resolution, and BE IT FURTHER RESOLVED, That the Common Council applaud this achievement in intergovernmental cooperation and express its hope for similar success in the future. Mayor Conley reported that at a presentation of the school reorganiza- tion at Belle Sherman School, at which he and Aldermen Dennis and Guten- berger were present, there was discussion concerning Central School as a possible site for the Health Facility. The Mayor felt the City had investigated the site earlier, and it was his impression that the school officials considered it an incompatible use. However, the statement had been made that the school district would consider Central School as a possible site and the Mayor indicated that if it were possible to in- vestigate it as a site, he would like to know the school board's reaction. Mayor Conley and the Board of Education exchanged letters, but neither was reacting to the other's letter. Mayor Conley read the two letters as follows: November 22, 1976 Mr. Richard Backer Board of Education 400 Lake Street Ithaca, New York 14850 Dear Dick: I am writing to follow up on my Friday conversation with Dr. Eisenberger, during which she mentioned the possibility of locating the proposed Family Medicine Facility in Central School. Staff has since informed me that Central was one of the first sites investigated, and that you expressed interest in further exploration of this joint occupancy. However, Central was also one of the first sites rejected by the Family Medicine Program and the Hospital Board of Managers. Assuming that Central will be retained as an elementary school, I feel it still seems to be a potentially acceptable site and if you are still interested in trying to convince the Hospital Board of Managers and the Family Medicine Program to reconsider their objections, we would be willing to provide capital financing for renovation of the facility. I hope that you understand that we are under extremely tight time constraints. Specifically, the hospital has to meet a December 1, 1976 Appalachian Regional Commission deadline in order to salvage a $90,000 capital grant, which will otherwise revert to the Federal Government. This deadline means that the Board of Education and the Hospital Board of Managers will have to take official actions agreeing to locate the facili~ in C&n~ral before the December 1st meeting. Considering the Jong-th of time normally necessary for actions by public agencies and the caution with which your Board entered into a contract with the City on renovation of the GIAC building, it would seem extremely difficult to consumate the necessary agreements by the December 1st deadline. In conclusion we are interesterl in inint occunancv and w· o ~ LD LD 0 <( <( <( 187 November 23,. 1976 November 22, 1976 The Honorable Edward J. Conley Mayor of the City of Ithaci 108 E. Green Street Ithaca, N. Y. 14850 Dear Mayor Conley: The Ithaca City School District is trying to ease the burden of local taxpayers by finding other uses for its excess space or by closing facilities. Please regard this letter as a statement of intent to consider a primary health care facility as a joint occupant within available school space. It is our desire to work cooperatively with all local municipali- ties in solving problems of our total community. pl Sincerely, Howard G. Andrus, President Board of Education cc: Mr. Richard E. Backer, Superintendent of Schools Alderman Dennis amended the resolution as follows: Seconded by Alder- man Nichols WHEREAS, the City is in need of primary health care services, especially in its neighborhoods near downtown, and WHEREAS, the Tompkins County Hospital Family Medicine Program is willing to provide primary care services in downtown in a rent-free facility for two years and will be responsible for all program expenses, in- cluding general housekeeping and overhead expenses, and WHEREAS, many sites for such a facility have been investigated, and WHEREAS, one site was found to be clearly the most appropriate, meeting the requirements of both the health care providers and city, and WHEREAS, the City is also in need of public parking spaces for downtown and the site is large enough to accommodate the health facility with its own parking and public parking as well, THEREFORE, BE IT RESOLVED, That the City of Ithaca provide for the Family Medicine Program rent-free, including all major maintenance for a period of no less than five years, a two-doctor health facility on a site presently owned by and to be purchased from Mobil Oil Corp., located on West State Street between Albany and Geneva Streets, and BE IT FURTHER RESOLVED, That the total capital cost of the project not exceed $240,000, and that a capital project entitled, "Health Facility" be and hereby is established, and that $90,000 of Appalachia Regional Commission funds be applied for, and these funds be used for renovation and improvement of the facility, and 188 -4-November 23, 1976 meeting he committed himself in principle only to purchase of the gas station for the health care facility site which he wholly supports. Since then he has learned that the Board of Managers recommend the gas station as the most feasible site for the facility. However, during the past week he also learned, due to the School District Reorganization, that the GIAC building or a portion of Boynton School would also be available for the proposed center. He added that during the past week he has been pressured by many of his constituents, among them doctors, to explore the feasibility of havine the health care facility at one of these locations for the following reasons: (1) either location would be much more economical to renovate, (2) both are central locations, (3) it would be possible, by choosing one of these sites, to keep the gas station on the tax rolls. Therefore, Alderman Saccucci requested the Mayor and the Council not to be too hasty, and to consider the : alternate locations, even if it means requesting an extension of the December 1 expiration deadline. He concluded by saying he is not in favor of the gas station location. Mayor Conley asked Bonnie Howell, Administrator Tompkins County Family Medicine Program, to explain the need for a decision. Ms. Howell re- ported she had talked to the State Health Department in Albany who agreed on the availability of $90,000 to the hospital for construction at this particular site. The Albany office is sympathetic to our problems, but it is not in their power to do anything about the December 1 deadline date which is a federal requirement and is a fixed date we are forced to deal with. It is necessary to have a specific site location and a specific dollar amount for purchase and renovation. In addition, she explained there would be only two years additional funding, availability of which, at the State level, depends on meeting this requirement. Director of Planning & Development Van Cort reported that Central School site was investigated very early in the selection process and was rejected from the health providers point of view. Mayor Conley explained that the December 1st deadline was fixed because it takes 30 days to process an application, after which the money reverts ~~ back to the federal government. Alderman Boronkay asked for an explanation of "all major maintenance" (para. 6 of resolution) and he also requested what the outcome would be if the hopsital did not receive the $90,000 grant. Mayor Conley explained "all major maintenance" means capital expenditure on property which the city owns. He further explained that if the $90,000 grant were not received, the matter would come back to the Council for a decision--perhaps it would come from the 1977 Community Development funds, or it might be appropriate to use federal revenue sharing funds, but in any event it would not be assessed to the local taxpayer, and would not affect the General Fund Budget. Alderman Holman asked for explanation of the second paragraph of the resolution in reference to .,two years." In addition she asked for ex- planation of paragraph 6 of the resolution in reference to "a two-doctor health facility" and said she had understood it would be a one-doctor facility. Mayor Conley explained that the Hospital Board of Manager's resolution -• ... ",.,:i.,. """f-10cc: f-h<>n .;;""' vi:>~-rc:11 ~-t whirh nnint" it" ic: P.YnP.r.'tP.cl "t.o he LO LO 0 <( <( <( 189 -5-November 23, 1976 who comes to the hospital. There is an advisory committee made up of physicians in the community and a credential committee through which the applicants pass. The amount of the physicians' contracts is based on the going rate in the area. Alderman Boothroyd commented he does not like being rushed into making a decision. After additional discussion, a roll call vote on the resolution resulted as follows: Ayes (7) -Boothroyd, Boronkay, Dennis, Holman, Meyer, Nichols, Slattery Nay (1) -Saccucci Carried Alderman Meyer commented she would like to make a motion that if the Appalachia grant does not come through, how the Council handles the next step be brought back to the Council immediately, not wait until the next time money is needed. The motion failed for lack of a second. ADJOURNMENT: On a motion the meeting adjourned at 6:10 p.m. LD LD 0 <( <( <( COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 191 Regular-Meeting 7:30 P.M. December 1, 1976 PRESENT: Mayor -Conley Aldermen (8) ~ -B~thToyd, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, S1at.tery. ABSENT: Aldermen (2) -Mayor Conley informed the Council that Aldermen Saccucci and Spano were excused from attendance due to illness. OTHERS PRESENT: City Attorney -Shapiro Supt. of Public Works -Dingman City Engineer -Cox Dit. Youth Bureau -Cutia Bldg, Comm'r. -Hoard PLEDGE OF ALLEGIANCE: Dep. Bldg. Comm'r. -Jones Dir. Planning & Development -Van Cort Chief of Police -Herson Fire Chief -Weaver City Clerk -Ru mle Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Nichols: Seconded by Alderman Slattery RESOLVED, That the minutes of November 3, 1976 and November 23, 1976 (Special Meeting) be approved with the following amendments: By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the minutes of June 2, 1976 and November 3, 1976 be amended as follows: June 2, 1976 -Page 12: RESOLVED, That there be established an additional position of Recreation Specialist in the Youth Bureau. The salary of said position not to exceed $8,161 per annum. (Minutes state Recrea- tion Supervisor) November 3, 1976 -Page 9: BE IT FURTHER RESOLVED, That a salary scale for Recreation Specialist for 35 hours per week in the Youth Bureau be established at $8,161 to $12,080 per annum, (Minutes state Recreation Super- visor) ••: Carried ADDITIONS TO THE AGENDA: Planning & Development Committee Alderman Gutenberger requested permission to add 1 item: the presenta- tion of recommendations of the Capital Improvements Review Committee. No Council member objected. Human Services Committee Alderman Boothroyd requested permission to add 2 resolutions of the Youth Bureau relative to a contract with New York State Division for Youth (application for reimbursement) No Council member objected. 192 December 1, 1976 Walter Schwan, (copies of which. we-re given to each alderman) -1 re- questing the-<:ity of Ithaca to adopt a resolution exempting the Town Hall from the tax levy, and the other asking why Common Council doesn't request zero asses!lften:t TTom the Town of Ithaca, the County and School District on the City Watershed, the Tin Can, and Maple Avenue Standpipe. It was decided to handle the matter with the Charter & Ordinance Committee items. Edward J. Conley, Mayor City of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Ed: and November 3, 1976 Common Council Members City of Ithaca The Town of Ithaca purchased the property at 126 East Seneca· Street in the City of Ithaca for a Town Hall on March 17, 1975. The Town of Ithaca is allowed to have its municipal offices in another municipality by virtue of special legislation passed by the State Legislature and signed by Governor Harriman in 1958. With the advent of County assessing in 1970, the various municipalities in Tompkins County lost some of their powers since they are no longer the assessing authority. Consequently the City of Ithaca can no longer grant tax exemption to the Town Hall located in the City for anything other than City taxes. This letter is being sent to the three taxing jurisdictions that presently levy taxes on the Town of Ithaca's new Town Hall. The Town Board of the Town of Ithaca requests the City of Ithaca to adopt a resolution exempting the Town Hall from its tax levy. This resolution would take effect for the assessment roll which will be prepared in the spring of 1977. Your resolution will affirm what has always been the case--public property is exempt from taxation. On behalf of the Ithaca Town Board, I would like to thank you for your consideration and cooperation. WJS/elb Sincerely yours, Walter J. Schwan, Supervisor Town of Ithaca P.S. The present assessed value of the Town of Ithaca Town Hall is $44,750. Comparable letter to: Mr. Richard E. Backer, Superintendent of Ithaca City School District and members of Board of Education, and to Mr. Hugh S. MacNeil, Chairman, County Board of Representatives and to members of the County Board of Representatives. November 3, 1976 Edward J. Conley, Mayor City of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Ed: 193 -3-December 1, 1976 City -Clerk Rundle read a .l.etter_£.rom·Wendell L. Bryce, M.D. as follows: November 24, 1976 Ithaca Common Council Joseph Rundle, City Clerk City Hall Ithaca, N.Y. 14850 Dear Aldermen: As a city, state and federal taxpayer, I wish to lament the irres- ponsible manner in which seven of you acted on November 23, 1976. I am referting to~your expenditure of $240,000 on a physicians office building. While there is serious doubt as to the need for the whole program, there is no doubt the extravagance of this project. Setting aside all other considerations and assuming there is a need, four alternatives and their approximate costs are listed below. In addition, the last two do not remove any property from the tax rolls. 1. Convert an old house on a less commercial street. Dr. Sprinkle and I have both done this in recent years at less than 25% of your figure. 2., A 1500 square foot modular office can be installed on any lot for approximately $42,000. 3. Use a school building, particularly Central School or the adjacent building. Renovations should not exceed $50,000. 4. Run a free bus to the already established but little-used family practice clinic at the hospital. This would also benefit many others who would like to get to the hospital and would save thousands of dollars of medicaid taxi fares. In conclusion, please study this problem and rescind your rash and thoughtless waste of the taxpayer's dollars. There is no justifica- tion in acting so hastily that alternatives, offering both financial and other advantages, were not even considered. It is not too late to act conscientously and benefit your constituents. WLB/lds cc: Robert Boothroyd, Jr. Anthony Spano Roy Park, Jr. Charles Holcomb Sincerely, Wendell L. Bryce, M.D. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mr. Jason Fane, 133 N. Quarry Street, addressed the Council about the Moratorium on Construction of New Rental Housing passed by the Common Council, and the prohibition on the part of the Building Commissioner from issuing Certificates of Occupancy on construction which increase residential density in rental housing. He said he s ·t ~oes hevn ~ 194 December 1, 1976 Housing Code. She informed the Planning and Development Committee that there is a terrific student interest in housing condition as evide~ttd . by support received when the group had a desk in the Straight Student Union. She said they had circulated copies of the draft propos'al ot \:'he ordinance and have petitions of over 100 names supporting the Coul)<r~l;'s efforts: ,,, TO: Common Council Committee on Planning and Development DATE: November 19, 1976 RE: Support for the Apartment Ordinance Amendment to the Ithaca Housing Code We, the undersigned, support the Apartment Ordinance now under considera- tion, stating that housing units not owner-occupied be inspected each year, rather than the current inspection once every five years. -- Ms. Morrison also said the group has informed people living in houses violating the code, and residents in Collegetown, as to what measures they can take if they so desire. The following persons spoke to the Council regarding the Moratorium, in support of Mr. Jason Fane: Mr. Peter Hasting Hutchings, 108 Hudson Street Mr. Charles Fritschler, 206 Stewart Avenue Ms. Holly Vance, 230 Pleasant Street Mayor Conley explained that the Common Council has many responsibilities, one being to constituents who feel that continued apartment construction and changing of single-family residences into student apartments is a long-range deterrent to families to live in the community. Parking and density problems hav~ been created in existing neighborhoods in addition ,..,,,,,, to the possible loss of neighborhood schools because of the shift of school-age population. Therefore, the Council felt the best thing to do was to enact a temporary moratorium while they look at what is happening in the community. Mayor =Conley also assured Mr. Hutchings that Alderman Meyer does not have any connection with Cornell University. He said \that Cornell University and Ithaca College also have a responsibility to this community for housing of students--it doesn't necessarily mean our existing neighborhoods that were set aside for family living have to house students. CHARTER & ORDINANCES COMMITTEE: v Television Cable Franchise Atty. Walter Wiggins, 308 N. Tioga Street, representing Cerrache Tele- vision Company, stated that it appears the company and the council have reached an impasse which is damaging to both parties, and briefly re- viewed the areas of dispute in the franchise (10-B; 10-C; 11-B, para. 17; 29-A; 31-B; 31-G; 34 and 35). Atty. Wiggins said he is prepared, on behalf of the company, to sign the agreement, contingent upon the items in dispute being resolved by the New York State Cable Commission who would act as an arbitrator between the City and Cerrache Television Co., and which has been charged with responsibility for examining franchises, and has experience with which to make judgments. If this is unacceptable to the Council, he requested postponement of LD LD 0 <C <C <t 195 -5-December 1, 1976 City Atty. Shapiro said that gr.anting of the additional rate increase had been conditional upon Cerrache Television furnishing sufficient proof to the Common Council in August 1975 that such rate was, in fact, reasonabl~. Cerrache Television Company lawyers from Washington came back with an ·. amended franchise which did not pertain to the rate only. He said the rate increase was granted temporarily, without Council determining it was reasonable, and was granted on Cerrache's agreement to add channels up to 2 2. Atty. Wiggins answered that the books were audited by the Cable Commis- sion and that the increase was determined fair and reasonable. After further discussion Council recessed at 9:00 p.m. and resumed dis- cussions at 9:10 p.m. Alderman Slattery reported that in the interest of all concerned and in an attempt to be fair and equitable, the Council were in complete agree~ ment and had decided to allow the New York State Cable Commission to arbitrate the franchise and the Council will accept their findings conditional upon the signing of the franchise. Atty. Wiggins repeated that he was prepared to sign the franchise con- tingent upon the dispute being resolved by the New York State Cable Commission. It was agreed, for all intent and purposes, the City has in fact a signed contract with Cerrache Television Corporation. CITY ATTORNEY'S REPORT: City Atty. Shapiro reported he had met with Council in Executive Session with respect to clarification of the Moratorium, and there will be resolutions on the floor concerning a couple of items: (1) the intent of Common Council to restrict the Moratorium to R-2 and R-3 zones in the City, (2) the intent of Common Council not to enforce the Moratorium with respect to Certificates of Occupancy in cases where a building permit had previously been issued prior to the Moratorium, where the construction had been started and carried out in good faith pursuant to that building permit and completed subsequent to the enactment of the Moratorium. Mayor Conley asked for clarification in the case of a person who has acquired a house and wants to do something with it, in an area where the Moratorium is in effect. City Atty. Shapiro explained the procedure: Application is made to the Board of Zoning Appeals for Variance, following the same procedure as outlined in the Zoning Ordinance. The application is filed with the Building Commissioner who refers it to the Planning noard for recommenda- tion on the planning issues. The Board of Zoning Appeals, after re- ceiving recommendation from the Planning Board, reviews the case and makes decision at its next meeting. The Board of Zoning Appeals meets the first Monday of every month; application must be in by the third Tuesday of the previous month. Resolution By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the portion of the Moratorium regarding restrictions be so worded to read, "Restriction should apply to the R-2 and R-3 zones and that these restrictions would not apply to those persons who had __ ....,..,,..: -••-,•• ---1.; -~ .,.._,..1 h-.----n9'♦r..A -1-... •• .: 1 ...:1.:9'\n ""'~..,.wn~ + n"l""I~ hn,rr'\. ,-,.... ........ 1 • n...l 196 -6-December 1, 1976 WHEREAS, a public hearing thereon was held by said Board on November 10, 1976, at which time the Board took action to finally approve said assessments and filed schedule thereof with this Council for confirmation and final approval, • NOW, THEREFORE, BE IT RESOLVED, .That said assessments in the total amount of $2,353.67 (schedule in Minute Book) be and the same hereby are approved and confirmed, and BE IT FURTHER RESOLVED, That the City Clerk be and hereby is directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute said Warrant, whereupon all ~ such assessments will become due and payable from the date of execution thereof; and on all such assessments or portions thereof remaining un- paid after the expiration of six months from the date of such Warrant, the City Chamberlain shall add and collect the percentage thereon at the rate of 5% per annum except and provided however that the City Chamberlain may allow persons to pay their assessment, if the aggregate amount exceeds $25.00, in five equal installments with interest at 5% on or about June 1st each year, provided however, that any person desiring to pay by installments shall make application promptly in writing to the City Chamberlain; and all properties having such assess- ments or portions thereof of installment payments in arrears, and re· maining unpaid at the close of any city tax collection period shall be included by the City Chamberlain in a subsequent city tax sale held in November each year following such city tax collection period; and such property shall be sold fo,r any unpaid assessments or portions thereof or any unpaid installment payments, together with the outstanding balance of such installment payments, together with all interest, fees and penalties that may have accrued. Carried Agreement with the Citizens' Council, Inc. ~.~, y A enn1s: erman oot roy RESOLVED, That the Mayor and City Clerk be and they are hereby author-... ized and directed to execute an agreement with the Tompkins County Senio~· Citizens Council, Inc. to provide recreation for the elderly for a sum not to exceed $9,000. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Audit By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $104,108.40 as listed on Audit Abstract #12 -1976 be approved for payment. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Public Hearing on 1977 Dud~et By Alderman Dennis: Secon ed by Alderman Boothroyd ..... ,.. nCC'l"\Tl7Cn Tl-.n+ ... n .. i...,;,. u,.,.,. ... ;,,.,.. ,_.,.. +ho o ... ,_ ..... ,....,.o,'1 1077 ll11..1no+ l-.o hol..1 r,n LO LO 0 <( <( <( 197 December 1, 1976 Resolution By Alderman Slattery: Seconded by Alderman Boronkay RESOLVED, That action on the 1977 Recommended Capital Projects be tabled. Carried A1artment Ordinance Aderman Gutenberger presented the suggested Apartment Ordinance to Council for their consideration. Two or three meetings at different locations are anticipated to which everyone will be welcome and, it is hoped, will offer input. It is hoped the document will be brought back to Council at their January or February meeting. Sale of Land -Treva Avenuef By Alderman Gutenberger: Seconded by Alderman Dennis WHEREAS, the Board of Public Works, at its August 27, 1975 meeting, held a Public Hearing on the Discontinuance of an eight foot by 150 foot strip of land on Treva Avenue north of Bridge Street, and on November 24, 1976 held a Public Hearing on the Discontinuance of an Additional three foot by 150 foot strip of land on Treva Avenue, and WHEREAS, the Board of Public Works has determined that there is no further public works need for said land, and WHEREAS, the Board of Public Works has prepared a survey of said land, and WHEREAS, the Planning Board has recommended sale of said land, NOW, THEREFORE, BE 1T RESOLVED, That this Common Council does find said land to be surplus, and directs the City Clerk to sell said land at public auction, and that all costs of such auction include the appraisal fee, two advertising costs, and the original appraised value of $500.00, based on eight foot by 150 foot, be included in the minimum purchase price. Carried Traffic Light Meadow and Cascadilla Streets Mayor Conley informed the Council that the New York State Department of Transportation will send its technical people to Ithaca to look over the traffic light situation at Meadow and Cascadilla Streets. At the request of Alderman Boronkay Mayor Conley agreed to discuss the possi- bility of lights at Seneca and Green Streets and Green and Geneva Streets with the DoT representatives. Communit Develo ment Bud et 1977-78 1rector o P ann1ng Development an Cort informed the Council that Community Development Budget for 1977-78 is being worked on and there will be duly advertised public hearings held on December 13 and December 20 which are open to the public. CHARTER & ORDINANCES 'COMMITTEE: Freedom of Information Ordinance ✓ By Alderman Slattery: Seconded by Alderman Boothroyd ORDINANCE NO. 76-12 AN ORDINANCE ADDING CHAPTER 2 ENTITLED "FREEDOM OF INFORMATION'' TO THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, 198 -8-December 1, 1976 the provisions of the Freedom of Information Law (Public Officers Law, Article 6) and to insure the efficient operation of governmental offices. Section: 2.2 Definitions A. As used in these Rules: "Agency" shall mean any municipal board, bureau, commission, council, department, public authority, public corporation, division, office or other governmental entity performing a governmental or propriety function for the City of Ithaca. 2. "Public Access Records Officer" shall mean the City Clerk of ,,- the City of Ithaca. 3. "Record" or "records" means any file, memorandum, document or other writing constituting: a) ordinances, local laws and resolutions, rules and regu- lations, of any agency; b) minutes of meetings of any agency; c) minutes of public hearings held before any agency; d) internal or external audits and statistical or:fuctual tabulations made by or for any agency; e) administrative staff manuals and instructions to officers and employers of any agency that affect members of the public f) payroll information as set forth in the Public Officers Law; and g) final opinions, including concurring and dissenting opinions, as well as orders and decisions, made in the adjudication of cases; h) those statements of policy and interpretations which have been adopted by the agency and any documents, memoranda, data or other materials constituting statistical or factual tabulations which led to the formulation thereof; i) police blotters and booking records; j) any other files, records, papers or documents required by provision of law to be made available for public inspection. n. As used in this rule, the term "statistical tabulation" means a collection or orderly presentation of numerical data logi- cally arranged in columns and rows or graphically and the ter.m "factual tabulation" means a collection of statements of objec- tive information logically arranged and reflecting objective reality, actual existence, or an actual occurrence. Opinions, policy options and recommendations do not constitute statistical or factual tabulations. ,,.,~...,, LD LO 0 <( c::( c::( 199 -9-December 1, 1976 and shall specify a reasonable-time when such records may be inspected or reproduced . . 3. Inspection and copying of records shall be conducted within the Office under the supervision of the Public Access Records Officer or her designee. There shall be a one hour limit per day upon the inspection of one or more records by any one person; provided, however, that the Public Access Records Officer may, in his discretion, £or good cause, extend such time limitation. The person may make eitheT handwritten copjes of records or through the use of his own copying OT reproduction equipment but in no case shall such records be removed .from the premises. The Public Access Records Officer may, in his discretion, futnish copies of any of the foregoing records at a charge of Twenty-five Cents ($.25)' per page not exceeding eight and one-half inches by fifteen inches in size; provided, however, that the Public Access Records Officer may, in . his discretion, for good cause, waive all or any portion of such charges for a particular record or class or records. 4. Payroll information, as provided in Section Eighty-eight of the Public Officers Law, shall be made available for inspection and copying in accordance with 'the provisions of such statute and the regulations of the State Comptroller. A charge of Twenty-five Cents ($.25) per page not exceeding eight and one-half inches by fifteen inches in sizes shall be made for each copy furnished by the Agency provided, however, that the Public Access Records Officer may in his discretion, for good cause, waive all or any portion of such charges for a particular record or • class of records. Section: 2.4 Prevention of invasion of privacy 1. In accordance with the provisions of Subdivision Three of Section Eighty-eight of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Public Access to Records regarding the prevention of unwarranted invasions of personal privacy, the Public Access Records Officer in his discretion may delete from any record identifying details the disclosure of which would result in unwarranted invasion of personal privacy prior to making such record available for inspection or copying. In the event that one or more deletion is so made from any document, the Public Access Records Officer shall provide written notice of that fact to the person requesting the same. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the Public Access Records Officer shall deny access to such record as provided herein. 2. An unwarranted invasion of personal property includes but shall not be limited to: a) Disclosure of such personal matters as may have been reported in confidence to an agency or municipality and which are not relevant or essential to the ordinary work of the agency or municipality; b) Disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure. 200 -10-December 1, 1976 inspect or copy records pertains to information required to be disclosed under Subdivision One of Section Bigh~eight of the Public Officers Law ' and not exempted from disclosure as an unwarranted invasion of personal ' privacy or otherwise, he shall grant the request. The Public Access Records Officer may, in his discretion, for good cause, grant a request · to inspect or copy records or other information which is not required to be made available pursuant to Section Eighty-eight of the Public Offic~r.s Law and not exempt from disclosure as an unwarranted invasion of personai privacy or otherwise. If the Public Access Records Officer determines · - that a request to inspect or copy records pertain to information specifi~- cally exempted from disclosure by Subdivision Seven of Section Eighty-l ,,w,,,, Eight of the Public Officers Law or pursuant to Subdiyision Three of , Section Eighty-eight of such law, he shall deny such request. In deny- ing any request to inspect or copy records the Public Access Records Officer shall indicate his reason for such denial and shall advise the person requesting the same of his right to appeal such denial to the Mayor. Section: 2.6 Appeals Any person whose request to inspect, copy or have a copy made of records, has been denied may appeal such denial to the Mayor within ten days from the date of the denial. Such appeal must be in writing and must set forth the name and address of the appellant, the specific records requested, the date of the denial and the reasons given for such denial. The Mayor upon review of the appeal may affirm, modify or re- serve the denial within seven days of the receipt of the appeal. If the Mayor affirms or modifies the denial he shall communicate his reasons in writing for such affirmation or modification to the person making the appeal and inform such person of his right to appeal such affirmation or modification pursuant to Article 78 of the Civil Practice Law and Rules~ Section: 2.7 List of Records The Public Access Records Officer shall maintain and make availabl~= for inspection and copying at his office a current list, reasonably • detailed by subject matter, of the types of records produced, filed or _ first kept in the Office on and after the first day of January Nineteen Hundred Seventy-Seven. Such list shall be in conformity with such regu- lations as may be promulgated by the Committee on Public Access to Recor4~~ Section: 2.8 Exemptions Notwithstanding the provisions of subdivision one of this section, this article shall not apply to information that is: 1. specifically exempted by statute; 2. confidentially disclosed to an agency and compiled and main- tained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license to do business and if openly disclosed would permit an unfair advantage to competitors of the subject enterprise, but this exemption shall not apply to records the disclosure or publication of which is directed by other statute; or 3. if disclosed, an unwarranted invasion of personal privacy, pursuant to the standards or subdivision three of this section. 4. part of investigatory files compiled for law enforcement pur- poses. Carried LO LO 0 <( <( <t 201 -11-December 1, 1976 Schwan, and the matter of exempting taxes on public property be referred to the Charter & Ordinances Committee and City Attorney Shapiro. Carried Rescheduling of trains in the West End of the City Mayor Conley intormed the Council that the New York State Department of Transportation will participate in negotiations with Cargill, NYSEG and other users and the Traffic Control body of Conrail relative to the possibility of rescheduling of trains through the West end of Ithaca in an attempt to improve traffic flow and safety. HUMAN SERVICES COMMITTEE: Youth Bureau Continuation Contract By Alderman Boothroyd: Seconded by Alderman Dennis WHEREAS, The City of Ithaca is about to submit an application for con- tinuation of the Youth Bureau to the New York State Division for Youth for its approval, and, if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project as provided by Chapter 556 of the laws of 1945, as amended: NOW, THEREFORE, DE IT RESOLVED, That such application is in all respects approved and Edward Conley, Mayor, is hereby directed and authorized to duly execute and present said application to the New York State Division for Youth for its approval: AND BE IT FURTHER RESOLVED, That this resolution shall take effect December 1, 1976. Carried City of Ithaca/Town of Ithaca A~reement By Alderman Boothroyd: Seconde by Alderman Slattery RESOLVED, That the Mayor be empowered to sign the contract between the City of Ithaca and the Town of Ithaca for operation of a youth service and recreation program for 1977. (copy in Minute Book) Carried BICENTENNIAL COMMISSION: Alderman Nichols reported the Darge Committee met on November 23, 1976 and dissolved inasmuch as there is nothing left to be done. They agreed to distribute the money that was left as follows: $400 to Tioga County, $250 to Broome County and $650 to the City of Ithaca for their expenses incurred while working on the project. There remains $950 in another account which will be distributed to participating bodies within the city. Mayor Conley expressed appreciation to the Committee for the fine job they did in arranging the bicentennial celebration and other activities. ADJOURNMENT: On a motion, the meeting adjourned at 10:40 p.m. DEr.Ec·r,v·E .S1v.eW/_· -~_,s:RE:P1r1REO BYC1TYAtr0Wf'1~R.5 Exre.r-J~E· • 197" ~ -~· ~ --· l I -----------.... ----··--·-·-·---· ----------.............. --·------------·-...·•--····---·•·-~·---1, J• ' LocA..,-101" ai=: I P~OPl'i.R'fY' OWrJtrrz. ANP Mi/U1.1N(j ~! 5q,. c,,ry ~,, rawNtRS i NS APt S1PEYIAL1<. . .. A,PJ)~_ESS .. 1 K' ,::,.-; COST IO/~ l C osr 1 ~Z7_t(.A~jJJ!,_JJJ Sr. [_S.idP_g,q fl /io_!:fllA.N1-----~~--·-~J80 .I Z31; '?0 . __ :z:~~c -l_-~3=7--1:~ ~~-==----------_ _. _3?J.L:/,.__P!b8JJti:_'{ __ s;-c, ___________ -•-~ -=~= ~-====: _____ J===----1 ~L4_--f:_B~-"".€"~t.9_.S-i: _ I-'};-:_r/ "{ 1r;n.~1:,..1n!_,1J.Jt~Y.F ty_ 1 j €?.'.. ...71,.5 :,__ __l_if.. [7 ~_--~-~I ..... ---·•·--·-·-··-----·---·Y ·-··-----~ -,----------·----------------·-------' .. ·-·-...... -...... ! "125 ~~~1~~--S.F LJ.1Cc,t __ SAM$ r/g,____ _ _ ______ . 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"'1 ! ~--~-==-~-----=!-~-------~ ··t···r----J.=.·=~-·--_l~~~~~~.~--=~l~~~~~ .. ..=~~l COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 20a Special Meeting 7:30 P.M. December 15, 1976 PRESENT: Mayor -Conley Aldermen (8) -Boronkay, Gutenberger, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery ABSENT: Alderman (1) -Boothroyd OTHERS PRESENT: Asst. Controller -Spano Bldg. Commissioner -Hoard Supt. of Public Works -Dingman Director, Planning & Development -Van Cort City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. At Mayor Conley's request, everyone remained standing for a moment of silent prayer for Alderman Anthony Spano, whose funeral was today. APPROVAL OF MINUTES: By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That the minutes of the December 1, 1976 Regular meeting be approved as recorded by the Clerk. Correction to the Minutes of the October 6, 1976 meeting By Alderman Slattery: Seconded by Alderman Saccucci Carried RESOLVED, That SECTION 2, South Hill Traffic Ordinance be corrected to read: Be it resolved that Section 60.63C shall be amended to read as follows: Carried PERSONS APPEARING BEFORE COUNCIL: Mr. Ernst Siiver, on behalf of the Woolworth Dept. Store and several of the major retailers downtown (Rothschild's, Morris', Irv Lewis, Cosentinils, Harold's, etc.) appeared and presented the following: "We have had individually, as merchants, numerous complaints from con- sumers who have parked overtime and have been given tickets charging them overtime parking rate of $1.00 the first and second times. If, at the enq of 5 days, they have not paid this $1.00, they are fined $5.00. I checked with the Traffic Violations Bureau, City of Ithaca, and they tell me this is on a computer and at the end of 5 days, if the $6.00 has not been paid, they are fined an additional $5.00. If we have any vested interests in Pyramid, this is a sure way to guaran- tee and insure these interests because we are surely driving these con~ sumers, one at a time, out of the City of Ithaca to do their buying else- where. I don't think a fine of $5.00 in 5 days makes any real sense with · today's inflationary prices, and utilities and transportation. Many ' people who get paid only every other week who are on a tight budget cou'd find this a problem. In the second place, I don't t~ink it ~akes ~ny • 204 -2-December 15, 1976 Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, the matter of overtime parkirrg--cha-rges and fines be referred to the Budget & Administration Committee for consideration, and that it also be discussed with the Judge. Mayor Conley requested that all committees and representives of Council on any committee who express interest should bring it up and give their recommendations to the Budget & Administration Committee. In addition Alderman Meyer requested that it be referred to the Commons Advisory Board. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Mr. Charles Pettis, 143 Campbell Avenue, asked if the Council would entertain a question concerning Mr. Daley. Mayor Conley replied it would rather not at this time inasmuch as no decision had been made. Mr. Pettis asked the Mayor to state the qualifications which he has to fill the position which Mr. Daley fills. He said it is his understanding that in abolishing this particular job it is the Mayor's intention to divide responsibilities between himself and another member of the City government, and asked if that is true. Mayor Conley replied that is not true; that no determination has been made. He added there will be no change in the Office of City Controller as far as duties and responsibilities are concerned. SPECIAL ORDER OF BUSINESS: Public Hearing -Proposed 1977 Budget Resolution to Open Public Hearing By Alderman Dennis: Seconded by Alderman Saccucci RESOLVED, That the Public Hearing on the Proposed 1977 Budget be opened. Carried No one appeared to speak at the hearing. Alderman Dennis reviewed with Council the Summary of Budget by Funds - page one of the budget. Alderman Saccucci asked how much surplus will the City have. Mayor Conley commented that we are counting on 1.2 million dollars. Alderman Saccucci asked if the Revenue for the Special Tax Benefit District is included in the 1977 Budget .. Mayor Conley answered that $71,337 is included in the 1977 Budget for Revenue from the Special Tax Benefit District. Alderman Saccucci commented that the 43 percent single increase in the water rate imposed on the already burdened taxpayer is unfair and absurd. A!IIIIB< I We should have built up a reserve two years ago, and increased it gradually_ LO LO 0 <( <( <( 205. December 15, 1976 Alderman Holman registered her disapproval of the way the budget shows the Revenue Sharing Funds that the City of Ithaca receives and the way they are applied. She aoes not agree with their being applied to Police and Fire Retirement. After discussion by Council, it was decided to vote on the Budget at the December 29, 1976 Special meeting. Resolution to Close Public Hearin* By Alderman Dennis: Seconded bylderman Saccucci RESOLVED, That the Public Hearing on the Proposed 1977 Budget be closed. Carried CHARTER & ORDINANCES COMMITTEE: /;;,. -/ -~ Revision of Traffic Ordinance Sections 60.44 and 60.SlA By Alderman Slattery: Seconded by Alderman Saccucci of the An Ordinance Amendin$ Chatter 60 Entitled "Traffic and Vehicles" City of Ithaca Municipal ode BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK AS FOLLOWS: Section 1. That Chapter 60 Entitled "Traffic and Vehicles" of The City of Ithaca Municipal Code Is Amended As Follows: 1. 2. That Section 60.44 entitled "Standin Prohibited in Desi nated ocat1ons Insert: Delete: Insert: Insert: Delete: Insert: Insert: That 1S Delete: Delete: to rea ol ows: West Seneca Street, both sides, from Geneva Street to a point one hundred (100) feet easterly therefrom. West Seneca Street, both sides, from Plain Street to a point fifty (50) feet easterly therefrom. West Seneca Street, both sides, from Plain Street to a point one hundred (100) feet easterly therefrom. North Plain Street, east side, from Seneca Street to a point fifty (SO) feet southerly therefrom. West Green Street, both sides, from Corn Street for a distance of seventy-five (75) feet westerly. West Green Street, both sides, from Corn Street to a point one hundred (100) feet westerly therefrom. West Green Street, both sides, from Plain Street to a point one hundred (100) feet westerly therefrom. Meters -Zones to rea West Seneca Street, south side, from Cayuga Street to Albany Street. West Seneca Street, north side, Cayuga Street to Albany St"rP.P.t". - 206 -4- 3. This ordinance shall take effect law u on u o otice as Television Cable Franchise December 15, 1976 and in accordance with ection 3. B Carried Alderman Slattery reported on the meeting in Albany on Monday, December 13, 1976 of the Mayor, Charter & Ordinances Committee Chairman Slattery, Mr. Ceracche's attorneys and the New York State Cable Commission in respect to the items in dispute in the Television Cable Franchise. Discussion followed on the Council floor. Alderman Boronkay arrived at 8:23 P.M. BUDGET & ADMINISTRATION COMMITTEE: Amendment to 1976 Equipment List -Finance Dept. By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the 1976 Equipment List for the Finance Department be amended to include an Electric Mail Opener for $500; said funds to be transferred from existing line items in the 1976 Finance Department budget. Carried Transfer of Funds for Health Facility By Alderman Dennis: Seconded by Alderman Slattery RESOLVED, That $3,000 be transferred from A1990 Congingencies Account to A9550 -transfer to Capital Fund for the Health Facility capital project. Carried ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. Jci4epA. Rundle, City Clerk I ~ayor LD LD 0 <:( <:( <( Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. December 29, 1976 Aldermen (9) -Boothroyd, Boronkay, Gutenberger, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: Asst. Controller -Spano City Engineer -Cox Chief, Fire Dept. -We~ver Dir., Planning & Development -Van Cort Supt. Public Works -Dingman Building Comm'r. -Hoard Chief, Police Dept. -Herson City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the Americ2n flag. APPROVAL OF MINUTES: By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, That the minutes of the December 15, 1976 Special Meeting be approved as recorded by the City Clerk. Carried BUDGET & ADMINISTRATION: Adoption of the 1977 City of Ithaca Budget v By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the City of Ithaca Budget for 1977 in the total amount of $10,292,305 be approved, and BE IT FURTHER RESOLVED, That the following sections of the 1977 City Budget be approved: a. b. c. d. e. f. g. h. i. j . k. General Fund Appropriations Revenue Sharing Fund Appropriations Water Fund Appropriations Sewer Fund Appropriations Debt Retirement Schedule -General Fund -Water & Sewer General Fund Capital Budget Schedule of Salaries Schedule of Salaries Authorized Equipment Authorized Equipment Authorized Equipment & Positions & Positions Purchases Purchases Purchases -Water Fund -Sewer Fund Discussion followed on the floor. Funds Alderman Boronkay called attention to Para. CII 10, pp. 9 and 10 of the City Charter and asked whether or not the budget will be a valid budget if passed by the Common Council. City Atty. Shapiro assured him it will be valid. Alderman Boronkay asked if the Administrative Code has the force of law. City Atty. Shapiro said there have been numerous instances where the Administrative Code has been followed, as well as numer.ous instances where the Administrative Code has not been followed. He said it is possibly a good question to be taken up by the Charter and Ordinances r,-~~~-'--....... ----,._ ___ , _ .... , ,.., ,.. .... ;l(// :.i12 -2-December 29, 1976 1s applied against Police and Fire Retirement--she voiced opposition to application of the Revenue Sharing Fund against expenses which belong to the City which are part of its fixed annual expenses which occur year after year. She also called attention to page 32 of the Budget showing $140,000 of Peripheral Street Development coming from General Funds and said it has been discussed previously how peripheral street development is to be funded. Alderman Boothroyd explained that originally a committee made recom-.,....,,\ rnendations on the use of the Revenue Sharing Funds: the first year the I money was to be spent on public or city improvements that had nothing to do with the general budget; the next three years it would be used fot'f,,· reduction of internal costs of the city taxpayers; and the last year it would be open to the public. He said the Mayor and the Budget & Admini- stration Committee are following the committee's recommendations. Mayor Conley said that from an accounting standpoint the committee is ' following HUD's guidelines and .are handling the matter the best way possible. There are State-mandated costs which are bei ng met over which the City has no control. • Alderman Boronkay asked if the position of Deputy City Clerk will be filled after the first of the year, and at what salary. Mayor Conley answered that it will be filled at the rate established by the Council in its September 1, 1976 meeting, plus the increase the contract calls for in the line item as a result of the recent negotiations. Alderman Boronkay commented that the Deputy City Clerk was hired at the old rate and should start at the old rate. A roll call vote was taken on the resolution which resulted as follows: Holman No Boothroyd Yes Saccucci Yes Meyer Yes Boronkay No Nichols Dennis Gutenberger Slattery . Yes Yes Yes Yes (7) Ayes (2) Nays Carried Alderman Dennis commended everyone who had a part in preparing the budget. Alderman Gutenberger presented a letter from Mr. Pendleton, Sunrise Company (pest and mosquito control) to Supt. Dingman in which he explains that for a variety of reasons, he can do the work for the City at a lower cost than in the past and recommended an amount of $1,000 for the corning year. He submitted the bill for last year's service in the amount of $1700 which was $500 less than the amount allocated in the budget. Re solution By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That the letter from Mr. Pe ndleton be referred to the Budget & Administration Committee to consider reduction of the $2500 figure in the 1977 Budget to $1000. Carried Alderman Gutenberger expressed appreciation for the consideration of LD LD 0 c:::( c:::( c:x: --2 / C) ~~.lt.1 -3-December 29, 1976 A vote was taken on the resolution which resulted as follows: Carried Final Audit By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget & Administra- tion Committee in the total amount of $36,977.37 as listed on Audit Abstract #13-1976 be approved for payment. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried The Council adjourned into Executive Session at 8:10 p.m. The Council reconvened into Regular Session at 8:55 p.m. Approval of Labor Agreement (PBA)V By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That the agreement between the City of Ithaca and the Police Benevolent Association of the Ithaca Police Department effective January 1, 1977 be approved as recommended by the City's negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried City Atty. Shapiro explained that an item of discussion in the negoti- ations concerned two officers and one sergeant being paid holiday time when they were on disability in 1975 and 1976. The new contract spells this procedure out. Resolution By Alderman Dennis: Seconded by Alderman Nichols RESOLVED, That the two officers and one sergeant listed on the sheet submitted by Sgt. Joseph F. Jarn2rusty, dated December 29, 1976, be paid holiday time in 1975 and 1976 when they were on disability in the total amount of $773.98. Carried Approval of Labor Agreement (CSEA-Salaried)v By Alderman Dennis: Seconded by Alderman Slattery RESOLVED, That the agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. -Salary Unit, effective January 1, 1977, be approved as recommended by the City's negotiator, and that th8 Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Approval of Labor Agreement (CSEA-Hourly) \ . By Alderman Dennis: Seconded by Alderman Saccucci R'ESOLVED, That the agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. -Hourly Unit, effective January 1, 1977, be approved as recommended by the City's negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the ~ontract on behalf of the City under its -4- Golf Course Manager Civil Service Secretary Police Chief Fire Chief Supt. of Public Works Same as CSEA Salary Unit Maximum of 1976 Compensation Plan Sa~c as Executive Union Maximum of 1976 Compensation Plan Same as Executive Union December 29, 1976 Same as CSEA S8lary Unit Same as CSE.A Salary Unit Sarne as Execu- tive Union Same as Execu-~~ tive Union Same as Execu-· tive Union BE IT FURTHER RESOLVED, That these employees have the same benefits as set forth in the City Executive Association contract adopted July 28, 1976. Carried CITY ATTORNEY'S REPORT: City Attorney Shapiro reported that he had received a letter regarding the settlement of a claim against the City for damages to a police vehicle. Attorney Shapiro advised Council that under the circumstances he would suggest they accept the partial payment of the claim. Resolution By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That City Attorney Shapiro be authorized to settle damages for the police vehicle in the amount of $143.40. Carried CHARTER & ORDINANCES COMMITTEE: ~ Open Meetings Law--State of New York Committee on Public Access to Records Alderman Slattery presented a communication from the State of New York _, Committee on Public Access to Records with rules applicable to the Open Meetings Law effective January 1, 1977. Copies were given to each alderman with the agenda. Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, the Open Meetings Law be included with the Rules and Procedures of the Common Council. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried PLANNING & DEVELOPMENT COMMITTEE: Director of Planning and Development Van Cort presented the Proposed Community Development Budget for 1977-78 to Council. He announced that a meeting of the Urban Renewal Agency will be held at 8:00 p.m. on January 3, 1977 in the Mayor's Conference Room for action on the proposed budget. OLD BUSINESS: Annexation of Elm-Maple Housing Alderman Meyer called attention to the item of annexation of Elm-I~aple LD LO 0 <( <( <I: -5-December 29, 1976 ADJOURNMENT: On a motion the meeting adjourned at 9:35 p.m. r~Rundle-;c:Ity Cler