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HomeMy WebLinkAboutMN-CC-1977~ I LO LO 0 <( <( <( COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 213 Regular Meeting 7:30 P.M. January 5, 1977 PRESENT: Mayo1· -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols,_Saccucci, Slattery OTHERS PRESENT: Asst. Controller -Spano City Attorney -Shapiro Chamberlain -Wright City Engineer -Cox Dir. Planning & Development -Van Cort PLEDGE OF ALLEGIANCE: Director, Youth Bureau -Cutia Chief, Fire Dept. -Weaver Building Commissioner -Hoard City Clerk -Rundle Mayor Conley lea all present in the Pledge of Allegiance to the American flag. RESOLUTION IN MEMORY OF ALDERMAN SPANO: By Alderman Saccucci: Seconded by Alderman Boothroyd WHEREAS, this Common Council has lost a loyal member in the untimely death of Anthony F. Spano, and WHEREAS, Tony contributed to the City of Ithaca and this Common Council unselfishly with his time and knowledge in carrying out his assignments on the Planning & Development and Human Services Committees, as well as past member of several other Council Committees, and as the Council's liaison with the Board of Public Works, and WHEREAS, Tony also served this community in c1v1c affairs by aiding in the organization of, and serving as secretary-treasurer of the Inter- Fraternal Council and as Director for three years of the Tompkins County Economic Opportunity Corporation, and ' WHEREAS, Tony also served his community by membership in many .other professional, civic and religious organizations; NOW, THEREFORE, BE IT RESOLVED, That for his contribution to this community which earned him its respect and deep appreciation, this Common Council wishes to express its deep sorrow at his passing.and convey its sympathy to the members of his family, and BE IT FURTHER RESOLVED, That this resolution of sympathy be spread upon the minutes of this meeting and a copy thereof be transmitted to his family. We shall miss you Tony. Carried Unanimously SPECIAL ORDER OF BUSINESS: Filling Vacancy of Alclerman for the Fifth Ward . Mayor Conley asked for nominations from the Council for candidates for filling the vacancy of alderman for the Fifth Ward. Alderman Saccucci strongly recommended following the State Open Meetings Law if this were to be a valid election. Mayor Conley concurred. By Alderman Boothroyd: Seconded by Alderman Slattery n-c r,r~n Tt....-.+ +l,,_,...·-T'\O""ITTI--+ n,...,..,. --rl o---r1--.: -~,,,.,,,,.._;i ..; __ ,......;_rt,.,_~; ...... ,,..~ +.-,·t··~ ~:t ~~:;hli+ ' • • • ' ' ·, • 'l d 214 -2-January 5, 1977 Mayor Conley commented that under the Freedom of Information rules and procedures which he felt sure th~~Council wish to follow. an npen ele~t i w0ul~ bd he!~. !his could be ciu11e one of two ways--a roll call vote, 01 by a showing of hands. He asked which method the Council preferred, an( a showing of hands was indicated. A vote on the nominations by a show of hands resulted as follows: In favor of Raymond Bordoni: Ayes (6) -Boothroyd, Nichols, Meyer 1 Dennis, Gutenberger, Slat ~ In favor of Jack Bacon: Ayes (3) -Holman, Boronkay, Saccucci · Mayor Conley announced Alderman Raymond Bordoni duly elected as meml the Common Council and asked the members of his family who were pre~ join him while he took the Oath of Office and was sworn in by City Clerk Rundle. Mayor Conley welcomed him to the Common Council. Alderman Saccucci asked to make a recommendation concerning the procedur to be used in filling a vacancy caused by the death of an alderman (Charter -Article 7.1 Miscellaneous Provisions). He said it is his feeling, and the feeling of others in this community, that the current procedure is unfair to the people who voted their respective aldermen into office. He believes the vacancy should be filled by a person of tl1 same party regardless of whether he is Republican or Democrat. This method would be fair to both parties. Resolution By Alderman Saccucci: Seconded by Alderman Boronkay RESOLVED, That for the future the Charter & Ordinances Committee consid . changing the Charter provision for filling a vacancy of an alderman, an that this matter be referred to the Charter & Ordinances Committee. A vote on the resolution resulted as follows: Ayei -(8) I Nays -(2) Boothroyd, N·L .. Carried ✓ Public . He.ar:i,ng -Adoption of the 1977 Community Development Budget ~ Resolution to Open Public Hearing By Alderman Dennis: Seconded by Alderman Boronkay RESOLVED, the Public Hearing to consider adoption of the 1977 Community Development Budget be opened. Carried Unanimously Mr. Ernest Grosser, 102 Falls Street, representative of the Fall Creek Civic Association, appeared before the Council on the matter of taxes, including school taxes, raising. He expressed disapproval of hiring persons outside the City to run the affairs in the City. He feels there are persons in Cornell University, Ithaca College, or the Ithaca School District competent for the jobs. He further recalled the Auburn Park Project which he considers an enormous waste of money. Regarding floodi1 of basements in the Fall Creek Area, he believes too little was done too late, and expressed the hope that Alderman Bordoni would take interest ii the Fall Creek Area which has net been dona in the past. Mayor Conley asked Director of Planning & Development Van Cort to presen· the Community Development Budget. Director Van Cort briefly reviewed th budget and answered questions of.Council members. Mr. Gary Klein, Forest Home Drive, addressed the hearing about some ·,~ fnnr'I~ whirh ro11ln hP ::illnr::i'tpn in 'thP rnminP VP::!.Y 1 ~ hnrl<Jet: -n:-ir .;rn ., -✓•• t' 1;1· ~ L.f) L.f) 0 c:::c c:::c <t -3-January s, 1977 215 Mr. Jack Bacon requested the opportunity to congratulate Raymond Bordoni on his election to the Council, as he ~as leaving the meeting. Resolution to Close Public Hearing By Alderman Saccucci: Seconded by Alderman Boothroyd RESOLVED, That the Public Hearing to consider adoption of the 1977 Community Development Budget be closed. Carried Unanimously Resolution By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That since the particular item has not gone through the Com- mittee, and since some discussion has gone on this afternoon with respect to expansion of the target area, it is appropriate to table the item until Wednesday, January 12, 1977, at 7:30 p.m., taking into consideration tha~ there is a timetable for submission of the application. Carried Unanimously ELECTION OF ALTERNATE MAYOR: Mayor Conley announced that he would entertain nominations for the office of Acting Mayor. By Alderman Dennis: Seconded by Alderman Slattery I would like to nominate my colleague from the Third Ward, John Gutenberger. By Alderman Holman: Seconded by Alderman Saccucci I would like to nominate my colleague from the Second Ward, Richard Boronkay. Resolution to Close Nominations By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the nominations for the office of Acting Mayor be closed. Carried Unanimously A vote was tak~n by a show of hands on those in favor of Alderman Gutenberger as Acting Mayor which resulted as follows: Ayes (6),-Slattery, Boothroyd, Nichols, Bordoni, Meyer, Dennis Abstention (1) -Gutenberger A vote was taken by a show of hands on those in favor of Alderman Boronkay as Acting Mayor which resulted as follows: Ayes (2) -Holman, Saccucci Abstention (1) -Boronkay Mayor Conley announced Alderman Gutenberger duly elected as Acting Mayor. ELECTION OF ALTERNATE ACTING MAYOR: Mayor Conley announced that he would entertain nominations for the office of Alternate Acting Mayor. By Alderman Meyer: Seconded by Alderman Slattery I would like to nominate my colleague from the Fourth Ward, Ethel Nichols. By Alderman Boronkay: Seconded by Alderman Holman I would like to nominate my colleague from the First Ward, Rudy Saccucci. Resolution to Close Nominations By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the nominations for the office of Alternate Acting Mayor be closed. Carried Unanimously 216 -4-January 5, 1977 Mayor Conley announced Alderman Nichols duly elected as Alternate Acting Mayor. ·Alderman John Gutenberger was sworn in as Acting Mayor, and Alderman Ethel Nichols as Alternate Acting Mayor for the year 1977 by City Clerk Rundle. COMMUNICATIONS FROM THE MAYOR: A pointments by Ma or which re uire Council a roval Acting City Ju ge Mayor Conley announced the appointment of William C. Barrett, 7 Cornell Walk, for a one-year term ending December 31, 1977. By Alderman Boothroyd: Seconded by Alderman Boronkay RESOLVED, That the Mayor's appointment of William C. Barrett as Acting- City Judge for a one-year term ending December 31, 1977 be approved and confirmed. Carried Unanimously Mr. Barrett took the Oath of Office and was sworn in as Acting City Judge by City Clerk Rundle. Deputy City Clerk Mayor Conley announced the appointment of Robert V. Pezdek, 205 Linden Avenue, for an indefinite term. By Alderman Dennis: Seconded by Alderman Nichols RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Robert V. Pezdek as Deputy City Clerk, at Step III of the Compensation Plan, effective January 1, 1977. Carried Unanimously Mayor Conley introduced Mr. Pezdek to the Council and informed them he has been, and will continue, performing the function of Civil Service Secretary; also that part of his salary will be paid from the Civil Service Line. Assessment Board of Review Mayor Conley announced the appointment of Thomas F. Cusak, 117 W. Yate~ Street, for a one-year term ending December 31, 1977. By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Thomas F. Cusak to the Assessment Board of Review. Carried Unanimously Examining Board of Electricians Mayor Conley announced the appointment of Floyd Ferris, Lansing Station Road, Lansing, N. Y. for a three-year term ending December 31, 1979. (This person is an employee of the New York State Board of Fire Under- writers but is required to be appointed by the Mayor and approved by the Common Council.) By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Floyd Ferris to the Examining Board of Electricians. Carried Unanimously Examining Board of Electricians Mayor Conley announced the appointment of Alfred N. Parente, 809 N. Tioga Street, for a three-year term ending December 31, 1979. By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That this Common Council hereby approves the appointment by 3 , x _ . _ _ _ _ .r A -, .c _ .... ..J lo. r n ...... _ ... __ ~ .-• .-..... t... _ 1; .. .,. ..... _ .: _ .! _ _ n _ ,.. _ J _ .c r. ., ..... _ .._ _ .: _ .: ..... _ .- -5-January 5, 1977 217 Frank Moon, 507 Turner Place, new appointment for a two-year term ending 12/31/78 By Alderman Bordoni: Seconded by Alderman Boothroyd RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Dr. Jeffrey Bishop, Robert L. Tottey, Douglas Addy, Louis Withiam, and Frank Moon to the Youth Bureau Advisory Board. Carried Unanimously Greater Ithaca Activities Center Board Mayor Conley announced the reappointment of James Dennis, 111 Irving Place, for a three-year term ending December 31, 1979; and the reappoint- ment of D~virl Wallace, 1102 E. State Street, for a three-year term ending December 31, 1979. By Alderman Nichols: Seconded by Alderman Boronkay RESOLVED, That this Common Council hereby approves the reappointment by the Mayor of James Dennis and David Wallace to the Greater Ithaca Activities Center Board. Carried Unanimously Board of Zoning Appeals Mayor Conley announced the reappointment of Dr. Martin Greenberg, 315 N. Geneva Street for a three-year term ending December 31, 1979; and Dr. Edgar L. Gasteiger, 304 Ithaca Road for a three-year term ending December 31, 1979. By Alderman Nichols: Seconded by Alderman Holman RESOLVED, That this Common Council hereby approves the reappointment by the Mayor 6f Dr. Martin Greenberg and Dr. Edgar L. Gasteiger to the Board of Zoning Appeals. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Conley announced the reappoin~ment of Katherine P. Gerkin, 116 Mitchell Street for a three-year term ending December 31, 1979; and the appointment of Mr. Ian Stewart, 419 E. Buffalo Street for a three- year term ending December 31, 1979. By Alderman Nichols: Seconded by Alderman Boothroyd RESOLVED, That this Common Council hereby approves the reappointment by the Mayor of Katherine P. Gerkin, and the appointment of Mr. Ian Stewart to the Ithaca Landmarks Preservation Commission. Carried Unanimously Environmental Commission Mayor Conley announced the appointment of Mrs. Patricia Carlson, 407 N. Aurora Street for a four-year term ending December 31, 1980; Ms. Nancy Galant, 317 Mitchell Street for a four-year term ending December 31, 1980; and Mr. Wayne Steinbaugh, 7 Woodland Place for a four-year term ending December 31, 1980. By Alderman Holman: Seconded bv Alderman Boronkay RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Mrs. Patricia Carlson, .Ms. Nancy Galant and Mr. Wayne Steinbaugh to the Environmental Commission. Carried Unanimously Commons Advisory Board Mayor Conley announced the reappointment of Mrs. R. C. Osborn, 303 N. Aurora Street for a two-year term ending December 31, 1978 (Mayor Conley indicated he would request Mrs. Osborn to fill the chairmanship of the Board); Mr. Thomas Niederkorn, 310 W. State Street for a two-year term ending December 31, 1973; and Mrs. Nancy Meyer, 214 Cascadilla Park as Council Representative to the Board for a one-year term ending December ~, 10~~ . i 218 -6-January S, 1977 Housing Board of Review Mayor Conley announced the appointment of Mr .. Tames ~ihhs: Sl? S. Pl~in Street, for a three-year term ending December 31, 1979; Mrs. Barbara Whispell, 316 Brookfield Road, for a one-year term ending December 31, 1977; and Ms. Peaches Bell, 110 Esty Street, for a two-year term ending December 31, 1978. By Alderman Nichols:_ Seconded by Alderman Saccucci RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Mr. James Gibbs, Mrs. Barbara Whispell and Ms. Peaches Bell to the Housing Board of Review. Carried Unanimously Mayor Conley informed the Council that this Board is expected to become active, is a five,..member Board, and he will complete the appointments to this Board at the next meeting of the Council. Board of Public Works Mayor Conley announced the reappointment of Mr. John Ewanicki, 1306 E. State Street, for a three-year term ending December 31, 1979, and Mr. Stuart W. Stein, 1018 E. State Street, for a three-year term ending December 31, 1979. Mayor Conley requested that Mr. Stein continue as the Board representative on the Planning & Development Board. By Alderman Nichols: Seconded by Alderman Saccucci RESOLVED, That this Common Council hereby approves the reappointment by the Mayor of Mr. John Ewanicki and Mr. Stuart W. Stein to the Board of Public Works. Carried Unanimously Planning & Development Board Mayor Conley announced the appointment of Mrs. Mary Crowley, 965 E. State Street, for a three-year term ending December 31, 1979. By Alderman Bordoni: Seconded by Alderman Nichols RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Mrs. Mary Crowley to the Planning & Development Board. Carried Unanimously Standing Committees of Common Council -1977 -- Mayor Conley announced the following appointments to the Standing - Committees: Budget and Administration John C. Gutenberger, Chm. James P. Dennis, Vice Chm .. Rudolph M. Saccucci Robert L. Boothroyd, Jr. Donald J. Slattery f.!_,~nni~g and Development Mrs. Nancy R. Meyer, Chm. Raymond Bordoni, Vice Chm. John C. Gutenberger Mrs. Elva W. Holman James P. Dennis Intergovernmental Relations James P. Dennis, Chm. Donald J. Slattery, Vice Chm. Richard J. Boronkay Raymond Bordoni Charter and Ordinance Mrs. Ethel B. Nichols, Chm. Raymond Bordoni, Vice Chm. Mrs. Elva W. Holman Richard J. Boronkay Donald J. Slattery Human Services Robert L. Boothroyd, Jr., Chm. Mrs. Ethel B. Nichols, Vice Chm. Mrs. Nancy R. Meyer Richard J. Boronkay Rudolph M. Saccucci L LD LD 0 <( <( <( -7-January 5, 1977 219 Urban Renewal Agency Mayor Conley announced the appointment of Mr. James P. Dennis, 111 Irving Place, for an indefinite term, to replace Mrs. Barbara Whispell who has resigned from membership in the Agency. By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Mr. James P. Dennis to the Ithaca Urban Renewal Agency. Carried Unanimously Board of Appeals on Building Codes Mayor Conley announced the appointment of Mr. Robert Boeh1ecke, architect, 203 Utica Street, for a three-year term ending December 31, 1979; Mr. Robert Flumerfelt, Engineer, 115 Campbell Avenue, for a two-year term ending December 31, 1978; and Mr. Paul Mackesey, General Contractor, 254 1/2 Westwood Knoll, for a one-year term ending December 31, 1977. By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That this Common Council hereby approves the appointment of Messrs. Robert Bailey, Robert Flumerfelt and Paul Mackesey to the Board of Appeals on Building Codes. Carried Unanimously Police Department Mayor Conley announced the appointment of Mr. Frank Hammer, 401 Cliff Park Road, as Police Commissioner for a two-year term ending December 31, 1978. By Alderman Boothroyd: Seconded by Alderman Saccucci RESOLVED, That this Common Council hereby approves the appointment of Mr. Frank Hammer as Police Commissioner. Carried Unanimously The Council recessed at 9:00 p.m. The Council reconvened into regular session at 9:15 p.m. CHARTER & ORDINANCES COMMITTEE: Elm-Maple Houses, Inc. Annexation -/ By Alderman Slattery: WHEREAS, The management of the Maple Hills Housing Project located on Maple Avenue outside the corporate limits of the City of Ithaca has requested annexation by the City of Ithaca, and WHEREAS, a public hearing was held on October 12, 1976, at which time the request for annexation was discussed before the Ithaca Town Bc~rd and members of the Common Council, and WHEREAS, The Ithaca Town Board has subsequently rejected the application of the Maple Hills Housing Project for annexation by the City of Ithaca,· NOW, THEREFORE, BE IT RESOLVED, That the request of the Maple Hills Housing Project located in the Town of Ithaca for annexation to the City of Ithaca is hereby rejected on the grounds that the said Maple Hills Housing Project has been located in the Town of Ithaca for a period of at least five years and that no benefit would accrue to the City of Ithaca ~nd/or the residents thereof by annexing said property against the official policy of the Ithaca Town Board. Mr. David Abbott, Manager of the project, addressed the Council: "In 1970 the Common Council and the City of Ithaca gave its approval for housing for people. We have 1145 people i,rho are eligible under federal 1 ~1 .. r +n. nrr11n,T +-ho hA 1c • ,n 1\,1',T rr.m -i +1nn"n+ ~i c +-n t-l,c,n "lnrl T an, -:l ,nn'.'.'lr; n 220 -8-January 5, 1977 You should know also that last year I estimated what the water and ~P.W8r r:h:--irr;,:-s w01.1 1 0 1_):.' ~t th~ ~~::plc Eil"! ~2 ~.i-.i ~.;;, i11 U11.:: Town of Ithaca - I projected to the best of my ability a water and sewer cost of $17,000 and the bill today that I received for water and sewer in the Town of Ithaca is as follows: Sewer -$1133; water -$3300 approxi- mately; special tax benefit for water of $3900. For the last quarter of 1976 we have already approached the total billing for 1975. We have 3 more quarters to go in our accounting period. My appraisal wasn't very far off. It is going to be under rather than over the amount. We either have to go after a rent increase in order to cover the expenses or the· - project will go bankrupt. • The maintenance and operations budget which we inherited from the UDC at the time the project was opened didn 1 t take that into consideration,- nor did they take the special tax benefits into consideration because it was agreed by all parties to the agreement that this would be located in the City of Ithaca. Nor was it determined at the time that the Town of Ithaca would go after its own water service as it has pursued over. the intervening years. Eventually, in the near future, the Town of Ithaca intends to go into a special sewer district and to lay sewer lines to its residents. That will be an additional tax of about $95 per toilet. That would be roughly $7200 additional tax benefits that would be assessed against the project that would destroy the effects of the housing for those people who are eligible to live there. Our residents struggle to pay the rents that are structured now at 60% of the prevailing fair rentals in the area. We :receive all this documentation from FHA, I don't make it up. We hav.e to act under the regulations that are promulgated by the Division of Housing and the FHA in Albany. It is disastrous, the commitment is not to low-income housing or middle-income housing; the commitment is to the people that live there." Atty. William Barrett spoke to the Council as follows: "My involvement was in the initial stage as the City Attorney when Cornell came to the City asking to contribute land to the City or to the public or to any developer or whatever vehicle the City could provide to provide some pLlblic housing. Cornell University had come under severe criticism at the time for students leaving the hill and really moving for the first ..... time into the flats of the City -into what had generally been considered low-income housing areas. Families were being displaced by students getting together, coming into these houses and renting from landlords at far higher prices than they could get from families. The initial step was that it was going to have to be annexed to the City because there was no vehicle in the Town of Ithaca that was equipped to be involved in the management of this type of project. Only tl1e land happened to be in the Town. I was asked by Tom Mackesey to prepare a petition for annexation. Cornell University, as owner of the property would have to initiate the petition for annexatioP-. Then UDC came into the picture. I don't know what happened after that. I believe another petition for annexation was prepared during Fred Weinstein's term of office and submitted but I don't know what happened to it. When the project was built, there was at that time a commitment by the City to public housing fer this particular project. The City has never owned the property. The petition would have to be initiated by the property owner. The City had done nothir1g except express their desire to cooperate with the development of this project to the fullest which I believe thev have done. LO LO 0 <( <( <( I loo..,, -9-January 5, 1977 221 I know Dave has been pushed by HUD and everyone wants to get this matter resolved. I went into it assuming thA City had a commitment to it. I talked to Cornell's legal staff and got nothing but foot dragging. They were not ready to go. They said if the Town and City agree, we will do it. This is impossible because somebody will gain and somebody will lose. It seems to be a reasonable area for annexation--the area we are talking about is completely contiguous to the City. I don't feel you understand all of the problems here, and the impact. I hate to see the City turn its back on this. It is important to know how it"does affect the City -it is not just a dollars and cents issue. It is a commitment to public housing and the viability of the project. It cannot survive if it is forced to assume the burden of all the new development in the Town. It was never planned or contemplated in the financing of this development."· Mayor Conley suggested offering an alternate plan -that the City ask the Town of Ithaca to allow it to honor its previous commitment and allow that project to be hooked up for water and sewer to the City of Ithaca. Pay- ment in lieu of taxes would go to the Town of Ithaca, per capita aid and per capita aid for youth would go to the Town of Ithaca. Then the project could benefit from the lower water and sewer rate. If the Town refuses, then he would like to have the matter tabled and allow the courts to settle it. City Attorney Shapiro explained to the Council the procedures which could be taken under Article 78 of the General Municipal Law. He said the City may, if it wishes, commence a special proceeding against the Town, and the developer could intervene and carry that legal battle. Essentially he would have to fight the battle. He said if the matter was tabled, that would constitute a legal presumption of approval, and 30 days after the Town's decision to deny application, the City could commence proceedings against the Town of Ithaca if it so desired. Resolution By Alderman Slattery: Seconded by Alderman Meyer RESOLVED, That the resolution for rejection of annexation of Elm-Maple Housing petition be tabled. Carried Unanimou~ly After further discussion on the floor the following resolution was presented: By Alderman Nichols: Seconded by Alderman Slattery WHEREAS, the Maple Hill Apartment Complex in the Town of Ithaca was built as a corollary of the Elm Street Housing Project on West Hill in the City of Ithaca, and WHEREAS, the rent structure of the Maple Hill Apartment Complex in the Town of Ithaca is based upon stringent economy and maximum operating efficiency to serve the needs of low-income tenants, NOW, THEREFORE, BE IT RESOLVED, That the Common Council hereby offers to provide water and sewer service to the Maple Hills Housing Complex in the Town of Ithaca at the prevailing rates charged to customers in the City of Ithaca. Carried Unanimously BUDGET & ADMINISTRATION COMMITTEE: Desfgnation uf-.Officia1 Newspaper By Alderman Dennis: Stconded by AJderman Gutenberger 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 222 ·10- TOMPKINS COUNTY TRUST COMPANY City of Ithaca, General Fund City of Ithaca, Payroll Fund Capital Reserve Fu~d # 4 -Bridges " " " It 9 -Gen. Mun. Prop. & Bldg. 11 11 " It 11 Parks & Recr. Areas 11 11 11 ft 14 Parking Areas " 11 " ff 15 Fire Eng. Replacement 11 " " if 16 Dev. of Water Sources 11 11 11 # 17 Sewer Construction " 11 11 # 18 Municipal Garages " 11 " # 20 West Hill Wr & Sr. Rep. 11 11 " # 22 Bus Replacement 11 11 11 #22A State Aided Bus Proj. Emp'l. Group Insurance Deductions Emp'l. Withholding for Soc. Securi ty Cont. Fund Emp'l. N.Y.S. Withholding Tax Emp'l. U.S. Savings Bonds N.Y.S. Policemen & Firemen's Retirement System N.Y.S. Employees' Retirement System Guaranty & Bid Deposits City Tax Sale Redpt. Deposits on Water Meters Surety Coupon & Bond Acct. West End Park Drinking Fountain Federal Revfnue Sharing t haca Commons Trust Acct. Yo ~th Bureau Educational Fund Proceeds from Bond Sales Firemen's Relief Fund (Time Acct.) Vet. Vol. Firemen's Assn. (Time Acct.) Cemetery Fund (Time Acct.) M.C. Hillick Memorial Fund (Time Acct.) Storms Cemetery Fund (Time Acct.) Holmes-Stamp Cemetery Fund (Time Acct.) FIRST NATIONAL BANK AND TRUST COMPANY City of Ithaca, Water & Sewer Fund City of Ithaca, Construction Fund Community Renewal Program Firemen's Relief Fund JanuDry 5, 1977 01 201 001004 04 201 001004 01 201 001055 01 201 001128 02 201 001055 03 201 001055 04 201 001055 OS 201 001055 06 201 001055 07 201 001055 08 201 001055 09 201 001055 - 10 201 001055 03 201 001004 07 201 001004 08 201 0010·04 09 201 001004 11 201 001004 12 201 001004 05 201 001004 05 201 001004 05 201 001004 05 201 001004 05 201 001004 02 201 001004 06 201 001004 10 201 001004 01 201 001705 21 301 012261 22 301 012261 21 301 023298 21 301 140723 23 301 023298 22 301 023298 267 010109 267 010842 267 000731 267 010001 Carried Unanimously Approval of Collateral to Sec~re De~osit~ By Alderman Dennis: Seconded ~AlC:crmc:.n Slattery 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 Unanimously ~~PE-r:_oval of Public Officials Bonds By Alaerman Dennis: Seconded by Alderman Nichols RESOLVED, That pursuant to Section 11 of the Public Officers Law the follow· ing bonds which are on file in the Office of the City Clerk be and are hereby approved in all respects for the year 1977: John D. Wright, City Chamberlain James J. Clvnes. Jr .. Citv Jud~e $ 50,000 4.000 G0488174 Globe Jndem. Co. G-438528 Globe Indem. Co. I , lfl lfl 0 <( <( <C -11-January S, 19 7 7 223. Approval of Contract with Richard I. McDougall By Alderman nennis: Seconded by Alderman Nichols RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with Richard I. McDougall for con- sulting services in an amount not to exceed $9,500. Discussion followed on the floor. A vote was taken on the resolution whi~h resulted as follows: Carried Unanimously Approval of Contract with Antone Aboud By Alderman Dennis: Seconded by Alderman Slattery RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with Antone Aboud for consulting services in an amount not to exceed $17,000 per annum for the period of two years. Alderman Dennis briefly reviewed the contract. A vote was taken on the resolution which resulted as follows: Carried Unanimously Approval of Contract with Tom kins Count Chamber of Commerce By-Al erman Dennis: RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Tompkins County Chamber of Commerce for Promotional Services in an amount not to exceed $8,000. Discussion followed on the floor and the resolution was amended as follows: Amended Resolution By Alderman Nichols: Seconded by Alderman Slattery RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Tompkins County Chamber of Commerce for Promotional Services in an amount not to exceed $6,000. A vote was taken on the amended resolution which resulted as follows: Ayes -(9) Nays (1) -Dennis Carried Unanimously Approval of Bonding -Mass. Tran_:>P~_:i::.tation ✓ The following .1tesolution. lti:s offered, by Al~ler:man Dennis, who moved its aaoption, seconded by Alderman Slattery, to-wit: BOND RESOLUTION DATED January 5, 1977. A RESOLUTION AUTHORIZING THE ISSUANCE OF $507,870 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY. NEW YORK, TO PAY THE COST OF VARIOUS PUBLIC IMPROVEMENTS FOR MASS TRANSPORTATION PURPOSES IN AND FOR SAID CITY. . BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The specific objects or purposes, or classes of objects or purposes, to he financed pursuant to this resolution, and the maximum estimated cost of each such specific object or purpose, or class of object or purpose, for mass tran~;por tat ion purposes_ in and for the City 224 -12-January 5, 1977 Section 2. The total aggregate maximum estimated cost of such s Dec i fi c ob ·j e c ts or nu r o o s es . or c 1 a s s e s o f ob i e c ts or p u r po s P. s , i s $507,870, and the pl~n for the financing thcrcbf is by the issuance of $507,870, serial bonds of said City, hereby authorized to be issued pursuant to the Local Finance Law, provided, however, that the amount of serial bonds ultimately to be issued shall be reduced by the amount of any State and/or Federal grants-in-aid received for such specific objects or purposes, or classes of objects or purposes. Section 3. It is hereby determined that the period of probable usefulness applicable to each of the aforesaid specific object or purpose, or class of object or purpose, is five years, pursuant to sub- divisions 29, 29, 32 and ll(a), respectively, 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 annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, forms and contents, and shall be sold in such manner, as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced__,.. within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be publishecfin full in The Ithaca .Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderman Gutenberger VOTING yes Alderman Holman VOTING yes Alderman Saccucci VOTING yes Alderman Meyer VOTING yes Alderman Boothroyd VOTING yes Alderman Nichols VOTING yes Alderman Slattery VOTING yes Alderman Boronkay VOTING yes Alderman Bordoni VOTING yes Alderman Dennis VOTING yes Carried Unanimously BICENTENNIAL COMMISSION: Certificates of Award and Excellence Alderman Nichols informed the Council that the City of Ithaca has achiev0d, in the nationwide Votingest City Competition, FIRST PLACE IN VOTER TURNC ,. .... T "\. Y,,..,.-, T ~ • ,\ 1·--.. "I.... ,.., "1 I'\ 'i £ -r lt.. T T'l r, T"\ f J f i\ rp T r'\ ~ T r" 1'\ 'T' °C r, r\ n V '") C" " (\ 1 [: ('\ (\ (\ n r,, "l"\ ~ ~ .... r"I. C--r. ~ 11) 11) 0 <( <( <( -13-January 5, 1977225 Mayor Conley expressed thanks to AldP-rman Meyer for the improvement in the appearance of the Common Council Chambers. PUBLICATION FOR COUNCIL: By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That the City purchase the publication, Nation's Cities, for the Council, and that the matter be referred to the Budget & Administra- tion Committee for appropriation of funas to cover the cost of the sub- scription. Carried ADJOURNMENT: On a motion the meeting adjourned at 10:48 p.m. Edward J. Conley, Mayor ,,,,,,,,...__ LO LO 0 <[ <[ <[ L Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. January 12, 1977 Aldermen (7) -Bordoni, Gutenberger, Dennis, Holman, Meyer, Nichols, Saccucci ABSENT: Aldermen (3) -Boothroyd, Boronkay, Slattery OTHERS PRESENT: Chief of Police -Herson 227 City Attorney -Shapiro Building Commissioner -Hoard Director, Planning & Development -Van Cort Comm'r. BPW -Stein Supt. of Public Works -Dingman City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Dennis: Seconded by Alderman Nichols RESOLVED, That the minutes of the December 29, 1976 meeting be approved as recorded by the City Clerk. Carried Unanimously MAYOR'S APPOINTMENTS: Planning & Development Board Mayor Conley announced the reappointment of Mr. Richard M. Moran, 119 Oakwood Lane, for a three-year term ending December 31, 1979. By Alderman Gutenberger: Seconded by Alderman Saccucci R:SOLVED, That this Common Council hereby approves the reappointment by the Mayor of Mr. Richard M. Moran to the Planning & Development Board. • Carried Unanimously Commons Advisory Board Mayor Conley reported that Mrs. Agda Osborn was unable to accept the chairmanship of the Board. Therefore he asked that a position be added to the Board and that ex officio member, The Rev. John A. Taylor, 207 Winston Drive, be appointed to this position as chairman of the Board. He further requested approval of appointment of Mr. Brian Dewart, 333 Ellis Hollow Creek Road to fill the vacancy created by resignation of J. Atsedes. By Alderman Holman: Seconded by Alderman Saccucci RESOLVED, That this Common Council hereby approves the addition to the Board of The Rev. John A. Taylor as chairman, and the appointment of Mr. Brian Dewart to the Board. Carried Unanimously PLANNING & DEVELOPMENT COMMITTEE: Approval of Community Development Application v Mr. Richard McDougall of the Planning & Develqpment Department reviewed the budget with the Council. Alderman Saccucci recommended that the target area of the program be expanded to include all areas of the city. He cited the Cliff Street residential p_a-rkin~ P:Oblern,as an example of a problem which -should rec:eive January 12, 1977 2~8:rease in the diversity and vitality of neighborhoods; the restoration and preservation of properties of special value for historic, architectural, or aesthetic reasons, and WHEREAS, working toward these objectives is in the interest of the City of Ithaca, and WHEREAS, the City possesses legal authority to apply for the grant and to execute the program proposed in the Community Development application, NOW, THEREFORE BE IT RESOLVED, That the Common Council authorizes the filing of the application, including all understandings and assurances contained therein, and directs and designates the Mayor as the authorized representati\ of the City of Ithaca to act in connection with the application and to pr, vide such additional information as may be required, BE IT FURTHER RESOLVED, That the Urban Renewal A3ency is authorized to ex~ such monies as budgeted in the 1975-76, 1976-77, and 1977-78 Community Development applications with the exception of 1) property acquisition, 2) capital projects, and 3) any changes in the Community Development project lines, as determined by this Common Council, • FURTHER, BE IT RESOLVED, That the Community Development/Urban Renewal plan be amended by the inclusion of this document. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Resolution Carried Unanimously By Alderman Meyer: Seconded by Alderman Gutenberger WHEREAS, $20,000 of Community Development funds have been budgeted for study of the City's future community development needs, EE IT RESOLVED, That plans for such study be presented to this Council before it is undertaken and approved. MAYOR, s ArrorNT~,rnNTS: Carried Unanimously Housing Board of Review Mayor Conley announced the appointment of Mr. Paul Mackesey, 254 1/2 West wood Knoll and Mr. Thomas Cusack, 117 W. Yates Street, for three-year ter~ ending December 31, 1979. By Alderman Nichols: Seconded by Alderman Holman RESOLVED, That this Common Council hereby approves the appointment by the Mayor of Messrs. Paul Mackesey and Thomas Cusack to the Housing Board of Review. BUDGET & ADMINISTRATION COMMITTEE: Carried Unanimously Authorization to request Bond Counsel to prepare Bond Resolution--Elmira Road Improvements Mayor Conley informed the Council that this item would not be acted upon to- night because, at the Board of Public Works meeting earlier in the afternoon, the decision was made that the Board would like ~o see the plan in more detail before they would approve it. Therefore, Mayor Conley established a meeting at 4:00 p.m. on Tuesday, January 18, 1977 in the C~rnmon Council Chambers, to which he invited the Council members, Board of Public Works and Planning & Development Board for a presentation of the Elmira Road Improvements Plan. He further requested that the Planning staff and Dept. of Public Works staff be prepared to make their comments at the mee_ting. Elm-Maple Housing Mayor Conley informed the Council that the Town of Ithaca had indicated th0y would like to meet with the Common Council to discuss the Elm-Maple Hous: ! Ln Ln 0 <C <C <C -3-January 12, 1977 the Commons, and that the details be referred to the Charter & Ordinances Committee for implementation. Carried Unanimously CHARTER & ORDINANCES COMMITTEE: Local Law Amending the Cable Television Franchise to Ceracche Television ✓ Cor*oration Bylderman Nichols: Seconded by Alderman Holman BE IT RESOLVED, That proposed Local Law N~. 1 of the year 1977 entitled, A LOCAL LAW AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION, be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and BE IT FURTHER RESOLVED, That copies of the aforesaid proposed local law be laid upon the desk of each member of the Common Council by the City Clerk, and BE IT FURTHER RESOLVED, That the City Clerk is instructed to advertise for a public hearing to be held at 7:30 p.m. on February 2, 1977, in the Common Council Chambers, 108 East Green Street, after which the Common Council will take action upon the proposed local law. CarYied Unanimously NEW BUSINESS: Route 96 Corridor ✓ Alderman Saccucci reported that the west end residents are very concerned and disturbed as a result of the State proposal for the Rte. 96 Corridor. He appealed to the Council to recognize these appeals and objections and to assure the residents that the City will do everything possible not to make this proposal happen. • Mayor Conley replied that in the very near future the City will have an official position in respect to that development. Council will be meeting to discuss this and it will be passed on to the constituents. He said he hopes to be able to come up with a plan the State will work with. . ·h'Bffects, of S-torm on Commons Maintenance I , . --.-....... --. ---··----· .... -......... -............. -·-· ·-_., u : Supt. of ·--Public Works Dingman reported that, with the exception of a ! I few accidents of persons falling down on the Commons, the maintenance program works as good as it can without using chemicals which would be bad for the concrete. Effict of Right-hand Turn on Red Signal Light Police Chief Herson reported it is too soon to determine the effects of the recent State law whereby traffic can make right-hand turns on the red signal light. Fire in Central Business District Mayor Conley commended the Police, Fire and Public Works Departments on their excellent performance of duties in handling the recent fire in the 100 block of N. Aurora Street. ADJOURNMENT: 0~ a motion the meeting adjourned at 8:43 p.m. -t·1MiSl .. " t nnttrt.lliit ....... --.rrtllillidM"lll!lCWRrt ... ' •tt••·--· ... /'t-•-·-·· ... ---·• ... ?&Nl-t-••-w-cc-------···---------·---- COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 2.31 Special Meeting 7:30 p.m. January 31, 1977 PRESENT: ~fayor -Conley Aldermen -(9) -Boothroyd, Bordoni, Boronkay, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery Board of Public Works Commissioners (5) -Ewanicki, Whispell, Baldini, I I Stein, Schickel \ Planning Board Members (3) -Benson, Hildreth, Moran LD LD 0 <X <X <X L ABSENT: Alderman (1) -Gutenberger OTHERS PRESENT: Controller -Daley Supt. DPW -Dingmijn Asst. to Supt. -Dougherty Building Comr. -Hoard Dir., Planning & Development -Van Cort City Engineer -Cox Chief of Police -Herson City Clerk -Rundle Mayor Conley informed the Council that Supt. Dingman has received authorization from the Board of Public Works to put the Elmira Road Improvements Project to bid, subject to the provision of funds that the Council would have to make on Wednesday night. The original intent was to make a presentation Wednesday afternoon for the Councilmen, Board of Public Works members, Planning and Development Board members and the Elmira Road merchants, and then have a presentation Wednesday evening to see if the funds were appropriated or if there would be authoriza- tion to go ahead and put the project out to bid. Mayor Conley said the city applied to the federal government for public works funds and, had it been accepted, the city would have had funds. However, the cut-off was not met and the application was not accepted. The feeling is that in the foreseeable future this project would not qualify for federal funds; therefore, it is a project which would have to be done with local funds and resources. City Engineer Cox commented that after much consideration agreement was reached in City Hall that what the city wants to do is to widen the existing Elmira Road to a 5-lane situation. Ideally there would be 2 lanes in either direction and a 5th lane in the middle as a raised median. However, that would pretty well kill the Lusiness, at least from half the vehicles travelling Elmira Road, so the concept was arrived at to have,a -flush median in the center reserved for left turning only. This situation presents a safety problem which is not believed .to be insurmountable so the staff have gone ahead with the plans, knowing extra precautions would have to be taken to make the center lane work. He said we would be basically building the road, using the existing pavement and building on either side of it--a lane and a half. The biggest problem is the drainage because the water is there. The project is to provide the necessary drainage, and in order to do that, curbs are necessary--they would also serve to limit access and define the edges. Originally the city had not planned on street lighting in the original estimates, but it ~as decided it would. be to the city's advantage to put the lighting system in. Mr. Cox ~aid a year ago the estimate was on the order of $920,000; then in May wnen a proposal was put together for the Capital Improvements Reserve Committee a construction cost of $1,000,000 was estimated, realizing --------""~ __ ....._ -,_ __ .!"1--1:_! _______ ...... , __ • ___ _! __ "1£'\.r"J/ --...... , ____ _ 232 -2-January 31, 1977 $11~,0GO is the: C0Si. uI ct Ud.::..1.1.... l.1.~;1i...1.ug ::,y::;i..cm--uc:i:.Le£ looking lighi..ing system and signs added approximately $60,000 to the cost. If the city elects to landscape the project the cost will be roughly $88,000. The estimate for removing the power distribution system and relocating it in the rear yards is $194,000. Mr. Cox introduced the consultant for Barton, Brown, Clyde & Loguidice who in turn presented Bob Hornaday, project engineer and Jim Glavin, sub- contract landscape architect. Mr. Hornaday said that because of State regulations there are certain signage regulations required. He suggested the modular concept -one of combining street lighting and signage systerr, along the road -which includes trash container at the base of the light~ has a rectangular extension for luminaire, with the option of increasing - the size of the lamps at some future date, and a graphic panel (aluminum) for different arrangements of signs, all combined into one unit, mounted at a height of about 35 feet. Mr. Glavin said that in trying to accomplish a city street Ithaca could be proud of, they evaluated the entire scope of work as. far as lighting and signage was concerned. There would be 40 light poles (reduced from the initial 90 light poles and sign poles) and they were able to place all of the signs with the exception of 3 or 4 within the framework of the light itself. In addition they have come up with a planting scheme for the very limited right-of-way along the length of the project. They plan to situate the trees some distance from the lights in order that the signs which will be attached to the lights may be seen. There are limitations on where the trees can be planted. They suggest trees 3 1/2 to 4" in diameter, 14-16' high with 50% crown. There will be flowering trees in areas where they can be located and shrub beds. Certain overhead signs are required by law to be over the lane (4) and cables support these. Alderman Meyer commented that she would ask the Planning & Develo_pment · Committee to meet following the Council meeting. Alderman Saccucci said he is in favor of the city doing the entire projec before the costs go higher. L..., Discussion followed in respect to rights-of-way for relocating the light poles, easements, trees and their effect, responsibility for maintenance, the sharing of costs by the merchants, etc. Comm. Stein asked what part of the costs the merchants would agree to. Atty Fred Weinstein, representing Dr. Reuben Weiner, said his client agrees to provide easements but not to the cost of moving the power lines. Supt. Dingman assured the Council the merchants will have no objection to the city picking up that cost. David Cutting and William Zikakis, merchants on Elmira Road, remarked that they both feel it is time to move and do the project completely. Alderman Boothroyd said he is very much in favor of the project but the Council should know what the merchants' commitment would be so the Council would know what they are committing the city to. Alderman Nichols wished-to go on record that the city is willing to negotiate for the casements but will not pay for them. Mayor Conley asked if the Elmira Road merchants are in favor of going h~ w hP nr iPr~ ~n hPv n~wPr~rl in ~hP ~-~irm VP_ ,,_ ____________ '>,.,..._, ________________________ , ______ _ u LO LO 0 <C <C <C i u COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 233 Regular Meeting 7:30 P.M. February 2, 1977 PRESENT: Mayor -Coniey Aldermen (10) -EJothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Ni -jols, Saccucci, Slattery OTHERS PRESENT: Controller -Dall Dep. Bldg. Comr. Jones City Engineer -C x City Attorney -~ ~piro Dir. Youth Bureat -Cutia Supt. BPW -Dingt 1 PLEDGE OF ALLEGI1 ~E: Dir. Planning & Development -Van Cort Chief of Police -Herson Fire Chief -Weaver Bldg. Comr. -Hoard City Clerk -Rundle Mayor Conley led :T present in the Pledge of Allegiance to the American flag. APPROVAL OF MINU'i S: By Alderman Niche s: Seconded bv Alderman Saccucci RESOLVED, That tr · minutes of the January 5, and January 12, 1977 meetings be apprc ·od as recorded by the City Clerk. Carried Unanimou~ly PETITIONS AND HEJ. INGS OF PERSONS BEFORE COUNCIL: S.P.C.A. Agreemer Dr. Tennant, S.P. ,.A. representative, informed the Council that in preparing the buc ;et for 1977, two plans were proposed, one being a "hold the line" budget. It was proposed to expand the service to 7 days per week, 18 hours a ~ay ~s~ad of 5 days a week. He said the county accepted the "hold the lir >." budget and is also looking at ways of implementing the larger budget. He said the additional money in the budget would be used for a new vc~icle and to bring salaries to a reasonable level for the manager and t ~o workers. Mr. Brothers, S.P.C.A. representative, said they are negotiating with Ithaca College to purchase their tranquillizer gun in order to rrovide a full range of service. The expansion of the shelter is being done on a volunteer donation basis. Alderman Saccucci asked if it would not b.e feasible for the county to have the general leash law throughout the county and therefore make it easier for the S.P.C.A. to accomplish its service. Mayor Conley asked Alderman Saccucci 1 s committee to coordinate with the county to get some- thing in advance of the budget n~xt year to allow a combined effort, at least for the budget. Mr. Brothers said the City of Ithaca, Village of Cayuga Heights and Lansing have contracts with them but other villages in the county do not have the leash law, therefore the service is limited. The formula for payment and service was discussed. Resolut:i.on By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the :Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Tompkins County S.P.C.A. or out ot ~o exc ed $22.094. 234 -2-February 2, 1977 ]\favor Mayor Conley said he wished to discuss two items with the Council: 1. Possible Health Insurance Savings 2. Energy Shortage No Council member dbjected. SPECIAL ORDER OF BUSINESS: Public Hearing on Local Law Amending the Cable Television Franchise to Ceracche Television Corp. Resolution to Open Public Hearing By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Public Hearing on Local Law Amending the Cable . -.- Television Franchise to Ceracche Television Corp. be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution to Close Public Hearin~ By Alderman Boothroyd: Secondedy Alderman Bordoni RESOLVED, That the Public Hearing on Local Law Amending the Cable Television Franchise to Ceracche Television Corp. be closed. Ca~ried Unanimously CHt~TER & ORDINANCES COMMITTEE: v Resolution By Alderman Nichols: Seconded by Alderman Slattery RESOLVED, That Local Law No. 1 of the year 1977--A Local Law Amending . the Cable Television Franchise to Ceracche TelevisioI! Corp.--BE IT ENACTED by the Common Council of the City of Ithaca as follow;: SECTION 1. AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION:· The Ceracche Television Corporation is hereby g~.Lnted an amendment to its Cable Television Franchise in accordance with the terms and conditior- as contained in the Agreement set forth. (Copy attac :Gd to Minute Book) SECTION 2. EXECUTION OF AGREEMENT The Mayor of the City of Ithaca is hereby author Television Cable Franchise Agreement on behalf of the and Ceracche Television Corporation is hereby requir~ Television Franchise Agreement or this Franchise s~a~ SECTION 3. EFFECTIVE DATE zed to execute the City of Ithaca to exe:cute said be null and void. This Local Law shall take effect immediately aft r filing in the Office of the Secretary of State. ~ rried Unanimously Alderman Gutenberger asked about the billing procedur service. He said he had received a telephone call j 1 to the meeting from a resident who had been sent a~= service, payment which is due on July 12, 1977. Ma:'' him that the person should either call the Cable Tel write to the City Clerk who could forward it on to c: BUDGET & ADMINISTRATION_COMMITTEE: v Sale of Hancock Street Extension Prop~rty, for the Cable TV t before coming t-due notice for Conley advised ision Company or r.uttee. yd L, By Alderman Gutenberger: Seconded by Alderman Booth~ RESOLVED, That the City Attorney is hereby directed t inn nf r.11P. t"e •f". v~. the Ci tv of Ithaca bv convevin!! settle the litiga~ he nronertv 2eneral f..; _,,,, •".~,e.::.«~.';.•:1,i;,. .. frU:.ll:-'~'M,i1'11,""=ls_'.f~·.•.~~.::--'..V.iliiiivt,·4••..11t-f.r.'•·.;.:•:1.,:r,t .. <.,., \ L -3-February 2, 1977 Housing. As a result of a meeting with the Town of Ithaca, Mayor Conley asked Richard McDougall of the Planning & Development Department to prepare material which was presented to the Council at the beginning of tonight's meeting with the request that they act on it at the meeting. Aldcrmat Bcothroyf ~aid if the Council were going to be asked to discuss it tonight, fine, cut he said he would exercise his prerogative not having it voted or rcnight because it was not on the agenda. Alderman Holman agreed wit'. Alderman Boothroyd. City Attorney Sha• ·r o informed the Council that if he were going to be asked to take leg,· ,1ction against the Town of Ithaca it had to be clone this week or the . -sue would be dead. Discussion .follow, r,n the floor. Mayor Conley aske1 dtat the matter be brought up lat:er in the meeting. Apnointments Mayen-Conley info ; ~~c the Council that he wished to appoint Patrick Saggese, 201 Colu; .. a It.Street, to the Youth Bureau Advi.sory Council to fill the vacar;_cy ( ::::ated by the resignation of ,Jc?.son Whitman. ResoJ.ution By Alderman NichoJ RESOLVED, That thi 201 Columbia St~et Seconded by Alderman Holman . Council approves the appointment of Patrick Saggese, , to the Youth Bureau Advisory Council. Discussion followf on the floor. A vote was taken c the resolution which resulted as follows: Carried Unanimously Natural Gas Short: ,: ✓ Mayor Co11ley into-1: ·::-d the Council of the measures to.at have been taken in an effort to cc :~rve the use of natural gas in city facilities--the Youth Bureau has t ~'n !r.oved into City Hall and the Tin Can closed, two ~ of the city £ii·e ~ .Jtions have been closed, meetirlgs after S p.m. in City Hall have been c6r e lled, thermostats have been set down to 65 deJrees during the day and 00 degrees at night. In add:tion, t~~ employees in City Hall have agr ,cj to take off 1 day, February 18, ~s a personal day, floating holiday, ,;,r vacation day. From Febrw,_ry 20 t!irough tft,?-month of March the emplc _·8es have agreed to work four da;s p-::r week, Monday through Thursday f ~om 7:45 a.m. to 5:00 p.m. with one-half hour taken for _ lunch. This will ~uable City Hall to be closed down fo~ three days per week using a minim~s of gas. Alderman Dennis comm ended the C.S.E.A. employees for t 11eir contritution and effort to help during the crisis. Resolutior1 By Alderman Sc!ccuc ci: Seconded by Alderman Bordo!li WHEREAS, the Uniter.: States currently faces a s0vere shcrtage of natural gas, and WHEHEAS, 'the State 0£ New York and the City of Ithaca face a similar shortage, anc1. -WHEREAS, the Goverr,1.·,r· ~f New Yo-ck has mandated Te~tr:ictio;·1s on the use -0£ certain nu!,] ic f:1c i 1i ties he:;t~d hv n :1t1!r~:1 0;:i~ _ :inrl -4-February 2, 1977 critical nature of this emergency and does hereby grant to the Mavor the aut.hnri_tv tc -+.:2-1:8 ~;h::~-:;-,.-~j_ u1c:ct.:sur~s 111ay be necessary to cons~ivc the use of n~tural gas in city fac!litie3 whare su~h co~servation will not interfere with the public health and safety, including, b~t~not limited to, the closing of City Hall one working day a week and the ex tens ion of working hours for the remaining four c:ays; -,,~, BE IT FURTHER RESOLVED, That the Mayor request the Tompkins Con.nty Cham~er of Commerce to encourage the cooperation 0f all busiuesses in Tompki~s County to conserve energy during this crisis. Carried Unanimous!) v Health Insurance Mayor Conley informed the Council that during the 11 ~gotia tion.s period, some of the employee units initiated actio11 and as~ed some irisfirance companies to submit bids on our insurance plan. On:y one company has presented a bid to date. The proposal is substanti~lly less than what the city now pays and the company will guarantee t}, ~y w0u1<l accept thi.:; at a price for a year. The city is still waiting to see if othe~ companies will bid. The city must give the preser~t insurance company 60 days' notice to cancel the present policy and t~~,~ would give adequate time to come back to the Council with a specific pl:n. Resolution By Alderman Saccucci: Seconded by Alderman Bordonl WHEREAS, there is a great deal of concern about th~ insurance, and WHEREAS, the City of Ithaca's health insurance con~ escalated 20-25% per annum for the past two years, benefits, and WHER~AS, the sta~~, personnel ahd union representu~ a need for evaluating our present contract costs ~r a better program can be provided at a lesser cost; NOW, THEREFORE, BE IT RESOLVED, That the Mayor be the staff, personnel and union representatives ~o insurance progrsms for better benefits and costs. Discussion followed on the floor. Resolution B-y-Alderman Gutenberger: Seconded by Alderman Den .. RESOLVED, the investigation of a new health insura~ to the Budget & Administration Committee. ✓ Light on Cascadilla Street Mayor Conley repor-te<i to the Cour.cil that as a r~:::,, in Alba~y het~een Deputy Comr. Hennessey~ Alderma~ the Dep. Ccffir. came to Tthaca and discussed the fua, Cascadilla Street with Mayor Conley, Alderman Meyr Raymond T. Schuler, Comr. of NYSDoT has written tG him thac the light will be installed. ''Honorable Edward J. Cm1ley, Hayox City of Ithaca I~haca~ New York 14850 rising costs of health ?ct costs have thout change of 10& feel there is benefits to·see i~ :10rized to work ,, '"~ ·est.ig?t:e other heal th carrier be referred cried Unanimously of conversations .t~ery and hjmself, o:f a i.i.ght on J 5taff. Since then :or Conley informing """"' 11) LO 0 <( .--•,--•-V ._. 237, -5-February 2, 1977 CITY ATTORNEY'S REPORT: City Atty. Shapiro repdtted that another Article 78 proceeding has been started agaj~st the city regarding the Police Grievance Procedure by Mr~. Betty Mu} l which he will answer. ;t. Police Grievance Resolution By Alderman Denn: Due to the fact 1 grievances, RESOl and Charter & Ore CONTROLLER'S REPC Legal Debt Limi_!- Controller Daley tion of the Counc 1. Debt Limit Indebtedness Debt Contra Percent of De Percent of De .,,.ocedure Seconded by Alderman Boothroyd ~ the Police Contract has changed in the area of J, That the matter be referred to the Human Services rnces Committees for review. Carried Unanimously sented a statement of legal debt limit for the informa- :-1s follows: LEGAL DEBT LIMIT jcct to Debt Limit as of 12/31/76 ng Power Available Contracting Power Exhausted -70.16% Contracting Power Available -29.84% $11,036,438 7,743,000 $ 3,293,438 <( 2. <( Debt Limit Indebtedness UMTA of 12/31/76 $7,743,000 507,870 $11,036,438 8,250,870 $ 2 , 1 s s , s 6 s· 3. 4. Debt Contra Percent of De Percent of De Debt Limit Indebtedness , UMTA Elmira Road Ii Debt Contra( Percent of Del Percent of Del Debt Limit Indebtedness 2 UMTA Elmira Road Im Debt Contrac Percent of Deb Percent of Deb .ng Power Available Contracting Power Exhausted -74.76% Contracting Power Available -25.24% of 12/31/76 ·ovements ~g Power Available $7,743,000 507,870 1,371,500 Contracting Power Exhausted -87.19% Contracting Power Available -12.81% of 12/31/76 ~·ovements ing Power Available $7,743,000 507,870 1,565,500 Contracting Power Exhausted -88.95% Contracting Power Available -11.05% PLANNING & DEVELOP ENT COMMITTEE: Family Medicine Pr ~ram, $11,036,438 9,622,370 $1,414,068 $11,036,438 9,816,370 $1,220,068 Richard· McDougall-2-ilie Planning & Development Department staff, in- formed the Council 0£ the current status of the design for the downtown medical facility--hat the architect proceeded with the first phase and is waiting for Sta· e approval of the preliminary design. He said they plan to have a ful pre1entation of the final design in March 1977. Architect David Tai be of O'Brien & Taube presented a schematic design of the Family Medicine Downtown Facility. -6-February 2, 1977 238 Discussion followed on the floor. Resolution By Alderman Holman: Seconded by Alderman Boronkay RESOLVED, That the resolution be tabled until such time as a waiver or approval is received by the city. A vote on the resolution resulted as follows: Ay0es -(9) Nays -(1) Alderman Slattery Carried PLANNING & DEVELOPMENT COMMITTEE: Drop-in Center By Alderman Meyer: Seconded by Alderman Bordoni WHEREAS, the Drop-in Center has for several years provided a valuable service to downtown Ithaca, operating from its presont location in the YMCA, from which it is necessary for that program to now move, and WHEREAS, the best alternative location for the program is the Pre-K room in the GIAC building, and WHEREAS, between $2,620 and $3,000 has been budgeted as revenue in the Youth Bureau budget as rent from the Pre-K room, which the Drop-in Center is at present not able to pay, and WHEREAS, making the Pre-K room available to the Drop-~n Center at no cost may cause a shortfall in the GIAC budget, and WHEREAS, the Ithaca Community Development Agency has ·ecommended that Council consider making space available to the Drop-i. Center, and WHEREAS, the Drop-in Center has a,,greed to search for •ther funds; v the Drop-in - THEREFORE BE IT RESOLVED, That Council gives support Center by making available to it at no rent the Pre-~. room in the GIAC a: , if possible,that Council earmark no more than $3,000 in the c which could be added to the GIAC budget should lack c Pre-K room cause a shortfall in the GIAC budget in l' ntingency fund· ~ Discussion followed on the floor. Resolution Bv Alderman Boothrovd: Seconded by Alderman Boronkay RESOLVED, That the Resolution on the Drop-In Center Budget & Administration Committee. A vote on the resolution resulted as follows: Ayes -(8) Nays -(2) -Dennis, Holman income from the 7 . referred to the r ---ied PLANNING & DEVELOPMENT/BUDGET & ADMINISTR,I\.TION COM?C JES ✓ Elmira Road _ By Alderman Meyer: Seconded by Alderman Slattery WHEREAS, the Board of Public Works has requested add (anal funds for the Elmira Road Improvements, and __ -~ .L. ,_ .L "-_ n -___ --1 _ .L n~ • • .-. t1T -..... 1-,,.. .,.,. -_._, .A..\-__ _ b. ~-~'tti~~- LO LO 0 <t <:( <:( -7-February 2, 1977 239 2. the Common Council approves an initial amount of $1 1 371,500 for said project and directs the City Controller to request Bond Ccnnsel to prepare the necessary funding documents, 3. the a~! 0val of $194,000 for utility line relocation be deferrt until the apparent technical and legal problems have b, ·n resolved, 4. the Co Docume _: Council instructs the Controller to prepare Bond • in the amount of $1,565,500. Discussion foll, ;J on the floor. A vote was take: -~ the resolution which resulted as follows: Route 96 Director of Pla that staff is w, as to which alt circulation and the city. Council recesse Cou_ncil reconve· CHARTER & ORDH: Introduction cf By Alderman Nie BE IT RESOLVED, 5.47 of the Ith; pedestrian maL!. • before the Comm, BE IT FURTHER R: be laid upon th, Clerk. -; - ( 9) -(1) -Gutenberger Carried 3g & Development Van Cort reported on Route 96 saying ing with NYSDoT in trying to develop a city position ative or variation of is best for the city in terms of .nimal impact on affected residents in the West end of t 9:55 p.m. into regular session at 10:10 p.m. T": COMMITTEE: ~al Law Authorizing Pedestrian Malls and Assessments ~-Seconded by Alderman Boothroyd i~t proposed Local Law No. 2 of 1977 amending Section City Charter in relation to the authorization of ~d the assessment therefor be and is hereby introduced Council of the City of Ithaca, New York, and 'LVED, That copy of the aforesaid proposed local law lesk of each member of the Common Council by the City Carried Unanimously Amendment to Set ion Purpose of Imprc 1:_ng By Alderman Nie} :, 1 s: 16.46 of the City of Ithaca Municipal Code for the v Law Enforcement by Regulating Secondhand Dealers Seconded by Alderman Bordoni AN ORDINANCE /1.\!J OCCUPATIONS11:' OF Ordinance No. 77-1 ·!DING CHAPTER 16 ENTITLED ''LICENSING OF BUSINESSES AND ,''.-lE CITY OI~ ITHACA MUNICIPAL CODE BE IT ORDAINED J -D ENACTED by the Common Council of the City of Ithaca, New York, as fo~ cws: Secti.on 1. 'hat Chapter 16 entitled "Licensing of Businesses and Occupations of· c City of Ithaca Municipal Code is amended as follows: 1. That St :division "A" of Section 16.46 entitled "Secondhand dealers" is here ,y amended to read as follows: A. Secondl~nd dealers. Ev rv rc·rson eng"ged in the business of deali o in. m1rc.1asinP- 240 -8-February 2, 1977 exhibit such written authority to such secondhand dealers. S:.:~!: :::~::::~!--..-::~:J ..:!.-:.u:tt;i;, ;:,~1c1l:i. 1 eLtu.ir-e the aoove referenced information to be entered in said book before purchasing such secondhand articles. 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. Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Carried Unanimously - Resolution Referring Reciprocal Exemption From Taxation of Property Owned By Other Municipalities and/or Taxing Authorities to the Intergovernmental Rel a tions Committee By Alderman Nichols: Seconded by Alderman Slattery WHEREAS, the Town of Ithaca has requested exemption of its property on Seneca Street from City taxes, and WHEREAS, similar exemption will be asked of the Ithaca City School District and Tompkins County, and WHEREAS, such exemptions may require enabling legislation from the New York State Assembly, NOW, THEREFORE, BE IT RESOLVED, That the Intergovernmental Relations Committee of the Common Council is requested to meet with the representa~ tives of t!1e other taxing agencies involved to establish a process for reciprocal exemption of property belonging to the othe r municipalities within the boundaries of any of the said tax-levying a gencies. Di~cussion followed on the floor. A vote was taken on the resolution which resulted as ~ollows:_ Ca .. ·ried Unanimously - ✓ Updating of the City's Traffic Ordinanc~s Alderman Nichols reported on the updating of the traf ~ic ordinances wl1ich the City Traffic Engineer is now working on and which will have to be given to the Committee in installments. Alderman Nichols further reported that the Committee :·ill start in the coming week's meeting to work on the Administrative C;de and on the Haple Avenue Annexation. Mayor Conley asked Mr; David Abbott, Manager of the P-ni-Maple Houses, Inc. to briefly describe his justification for reque :. ing annexation by the City. Mr~ Abbott spoke briefly saying that 7 e ars ago this !!!O!lth the Common Council, with UDC, and with himsel:t s developer, approved the building of a $9,475,000 housing project in the City of I thaca .... There was never any indication that it wo~1 remain in the Tow,:1 of Ithaca. As of today, the Division of Housi:::,_, )f Ne".·J York State and the attorneys for HUD in Washington, as well as~ ? National Housing partnerships in Washington, have all combined to ta]:~ this matter into court, provided the City of Ithaca authorizes the Ci t Attorney to . commence ... the proceedings. Mr. Abbott said he has no -i-:ed over the years when somethinfl ·is done in the n11h ·1;c. interest in th~ 1 11sP. nf h11m;:inif"v . LO LO 0 <t <t <( I -9-February 2, 1977 2.41 Mayor Conley said there were two issues before them--whether or not they would~~ able to consider the item which was not on the agenda, and a vote of yes or no as to whether to authorize the City Attorney to commence proce~dings against the Town of Ithaca. Richard tlcDougall of the Planning D~partnent reviewed the Maple Avenue Annexation data. Mayor Conley aske that the Maple Avenue Annexation be added to the agenda. Aldermen Boothro) and Holman objected to it being added to the agenda. The Council rece? i at 10:54 p.m. The Council recor, ,ned into regular session at 11: 02 p .m. Aldermen Boothroy ~nd Holman withdrew their objections to adding the annexation to the genda. Resolution By Alderman Slat~ RESOLVED, That th the City Attorne~' of Ithaca. Discussion follow ·-· Seconded by Alderman Saccucci touncil approves the annexation petition and authorizes • commence action on the annexation against the Town . on the floor. A vote on the res 'ution resulted as follows: Ayes (5) - N ::.hols, Dennis, Bordoni, Slattery, Saccucci Nays (5) -N ·er, Gutenberger, Boothroyd, Holman, Boronkay Mayor Conley roted Aye to break the vote. Aldermen Boothroy, that in the futurl agenda. Carried and Holman requested that it be entBred in the record they will not act on any item which is not on the I , '-"' Mayor Conley inst~ iCted City Clerk Rundle, in the future, to contact every councilman, lepartment head and himself in getting the items for the agenda. BUDGET & ADMINIST~ATION COMMITTEE: Chamber of Comrne:rc:;---;1.equest for Additional Funds By Alderman Gu tenF~~ rger: Secondccf7Jy-Alderrnan Slattery -RESOLVED, That this Common Council reaffirms its resolution adopted January 5, 1977, limiting the City's participation with the To1apkins County Chamber of Commerce for Promotional Services to $6,000. Carried Unanimously Transfer of Funds -Youth Bureau By Alaerman Gutenberger: Seconaed by Alderman Dennis RESOLVED, That the following transfer of funds for the Youth Bureau be approved: $ 47.00 from A7310-312 Equip. Parts & Supp. to A7310-220 Office Equip. 29.00 from A7310A-312 Equip. Parts & Supp. to A7310A-220 Office Equip. 180.00 ·from A73l0A-312 Equip. Parts & Supp. to A7310A-250 Other Equip. Carried Unanimously Human Services Coalition Agreement ,r /\1 rlr.~Yn,.,"'\ r,,+-r"\Y'\hc_~-,,--rrr\.-. c,.....,_,.., __ ,1 , ..... ;:, 'J... ... y A 1 ;J, ... _.._~,,,-C'.·-.---·----. 242 -10-February 2, 1977 Fin,9,er Lakes Association Inc. Agreement By AL<lerman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Finger Lakes Association, Inc. for an amount not to exceed $918. Carried Unanimously Nation's Cities Magazine Alderman Gutenberger reported that Nation's Cities Magazine has been ordered for the Mayor and the Common Council. Standardization of Traffic Signal and Controller Equipment By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That this Common Council adopts Crouse-Hinds as the standard traffic signal and controller equipment to be purchased and used by the City of Ithaca in the year 1977, except on the existing arterial system on Meadow Street and authorizes the Board of Public Works to advertise for bids and to purchase traffic signal and controller equipment of this manufacturer in such quantities as the funds provided in the 1977 budget will permit. Carried Unanimously Public Hearing Date for Federal Revenue Sharing By Alderman Gutenberger: Seconded by Alderman Slattery WHEREAS, effective January 1, 1977, the new Revenue Sharing Act requires two public hearings on the use of revenue sharing funds in the City Budget, and WHEREAS, one hearing must be held on the proposed uses of revenue sharing for the fiscal year by the Chief Executive, ard WHEREAS, the second hearing must be held by the Legislative branch on the entire budget to highlight the relatiohship of re,enue sharing funds to the full budget proposed, and WHEREAS, all hearings must be completed at least sevc., days before budget adoption; - NOW, THEREFORE, BE IT RESOLVED, That the Mayor be rea. asted to hold a public hearing on the use of revenue sharing during the mont of March, and BE IT FURTHER RESOLVEDi That this Common Council dire to advertise for a pubic hearing for the entire bud~ 7:30 p.m. (" Unit Price Chan e-Munici al Consultants -~ By Al erman Guten erger: Seconde y Alderman Dennis RESOLVED, That the agreement with Municipal Consultan Inc. be amended to·reflect an increase from $14.50 pe costs to $15.50 as per agreement of March 14, 1973. t the City Controller t April 6, 1977 at ried Unanimously sand Publishers, page reproduction C2 ried Unanimously Donald Spanier Assoc. Inc. Proposal By Alderman Gutenberger: Seconded by Alderman Sacc~. L RESOLVED, That a proposal received from Donald Spanie Assoc., Inc. concerning productivity improvements and cost reducti 1 services in municipal public works operations be referred to the rnrci of Public Works. CR :ied Unanimously Overtime Parking Charges and Fines Alde 'man Gutenberv:er --euuested clarification of the r, ferr.al of overtime-! lfl lfl 0 <( <( <( I I "'-- -11-February 2, 1977 Discussion followed on the floor. A vote was taken on the resolution which resulted as follows: Transfer of Fund: Departments By Alderman Gute1 RESOLVED. That$ Al620A-407 Build Alderman Gutenbe Apartment Ord•ina:, place to be dete- It was also anno\ Board meeting Ch ENVIRONMENT AL COl Alderman Holman i organized and wi BICENTENNIAL co~ Alderman Nichols "America's Votin: flagpoles. Alderman Nichols to the city part: UNFINISHED AND M Corson Parking Li Carried Unanimously _:.:__ Remodeling of Planning & Development and Building )erger: Seconded by Alderman Bordoni SOO be transferred from Al990 Contingent Account to .0 ~ -City Hall Contractual Services. Carried Unanimously er announced that the next public meeting for the 2 will be held on the 17th of February at 7:30 p.m., J_ned. :ed that there would be a joint GIAC/Youth Bureau _t,_cuary 17. _::ssION ,;ouncecl that the Environmental Commission has re- establish priorities for 1977. SSION: :;-ported the city has received a banner saying, :st," which Supt. Dingman has been flying on various sked for some feeling from the Council with respect ipating in the State Bicentennial. CELLANEOUS BUSINESS: City Atty. Shap:i. 1-reported he has contacted UDC who knows nothing about the Corson .ot, but that he will continue to look into the matter. Ithaca So ftbal 1 , , soc ia t ion Alderman Bordcni ;eported having met with softball representatives and some restaurant 1 ~ers who sponsor softball teams who are willing to donate the labor ,nd talent to erect lights if the city will furnish them. He will b· :ng this item back to Council at a later date when he has more i11forma-ion. Mayor Conley suggested bringing a proposal to the Council for • ·:eir action. -ADJOURNMENT: On a motion the 1.eeting adjourned at 11:35 p.m. LD LD 0 <C <C <[ Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. March 2, 1977 Aldermen (10) -Boothroyd, Bordoni, ~oronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: Controller -Daley City Attorney -Shapiro Supt. of Public Works -Dingman Planning & Development Board Rep. -Stein Building Commissioner -Hoard Director, Planning & Development -Van Cort Chief of Police -Herson City Clerk -Rundle "'· PLEDGE OF ALLEGIANCE: 245. 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 the January 31, and February 2, 1977 meetings be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS TO THE AGENDA: Planning & Development Committee Alderman Meyer requested permission to add an item concerning Auburn Park project: clarification of the budget, reapplication for funds. No Council member objected. ~ Budget & Administration Committee Alderman Gutenberger requested permission to delete Item B, Commons Benefit Assessment resolution, until further information is acquired. No Council member objected. Mayor's Communications: Mayor Conley requested permission to withhold items D, E and F until further information is received from the N.Y. Conference of Mayors. No Council member objected. COMMUNICATIONS: Letter from Betty Muka Clerk Rundle called attention to a letter from Betty Muka, copies of which were distributed to each alderman. Letter from Howard Dillingham Clerk Rundle read the following: February 28, 1977 Honorable Edward J. Conley 246 -2-March 2, 1977 A focal point of the Festival will be the downtown Commons; a project you initiated and continue to support in an outstanding way. The groups we have approached thus far have been most generous with offers of talent and money. I sincerely hope that we can count on you for support. Our Festival Chairperson, Mrs. Sorrel Fisher, 203 The Parkway, Ithaca, New York, 273-8122, will be happy to supply additional information or answer any questions. Thank you. Very truly yours, Howard Dillingham HD:ap Mayor Conley informed the Council he would be attending a meeting on Friday morning of the Festival Committee and would like to convey to them some expression of interest from the Council. Resolution By Alderman Nichols: Seconded by Alderman Slattery RESOLVED, the Common Council expresses its interest in the Tompkins County Fall Festival and refers to the Budget & Administration Com- mittee any request for money. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously New York Conference of Mayors Clerk Rundle read a letter from the New York Conference of Mayors, addressed to Municipal Officials, as follows: February 7, 1977 Dear Municipal Official: Renewal time for municipal insurance policies is becoming one long night- mare for local officials. 100%, 200%, and 300% rate increases for various types of liability coverage are becoming commonplace. The New York Conference of Mayors and the other State municipal associ- ations in cooperation with the Division of Community Affairs actively are working in Albany to help control these rate increases. There are measures that can be taken locally to control these costs. That is the reason that all the associations have joined forces to present four regional workshops that we feel will greatly assist local officials in controlling insrirance costs. These two-day workshops, called Risk Management Seminars, are conducted by a nationally respected consulting firm specializing in Risk Manage- ment. The seminars are regionally localed for your convenience. A brief synopsis of the two-day program is on the reverse side of this page. A registration form with an additional explanation of the purpose of these n~ 0~ me ·c inr1 ~n LD LD 0 <[ <[ <[ L -3-March 2, 1977 247 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mrs. Betty Muka, 113 Kay Street, addressed the Council in reference to a letter dated March 1, 1977, which she had written and had hand-delivered to District Attorney Joch, Ithaca City Court Judge Clynes, Acting Ithaca City Court Judge Barrett, Chief of Police Herson, County Attorney Williamson, Board of Representatives and Common Council re: Criminal Prosecution of Ithaca Teachers Association President John Caren (copy in Clerk's Office). Mrs. Muka asked the Council to pass a resolution to investigate the reasons why City Court has violated the Criminal Pro- cedures Law and the Constitution and to consider whether there ought to be replacements on the City Court; or at least to say Common Council supports following the Criminal Procedures Law and affording due process of law in this community. The second item Mrs. Muka addressed herself to was the proposed Environ- mental Impact Study. She said, "we elect our Board of Education members, we depend on them to operate the schools we need and to close the schools we don't need. I think your recommendations to cause a lot of studies and put the decision in the hands of people who are on committee who have never been elected by anybody, don't have any responsibility for their decisions, is incorrect. I hope you don't pursue this course of conduct. We depend on the Board of Education to conserve our resources to run our schools." Mayor Conley commented that the issue we are dealing with is what is in the best interests of the City. School Reorganization Mr. Reeve Parker, 123 N. Quarry Street, spoke to the Council saying he had bought his house in the summer of 1975 because of its proximity to the East Hill School. He felt it would be an investment in the East Hill School for nine years. He said he is very dismayed at the prospect of the Board of Education wishing to close the school as it is clear it is their intent of doing. He likes the neighborhood for other reasons also. He said if there had been a commitment from the Board of Education in the last four years to keep that school, not only would there not be erosion in the neighborhood, but that neighborhood would attract families with children. He said he would urge the Council to do everything it can to persuade the School Board not to close the school. Proposed Route 96 Ms. Ellen Harrison, Brooktondale, N. Y. representative of the League of Women Voters, said the League stand for involvement of informed citizens in decision making. They feel very strongly that participatory democracy has been violated in the planning of Rte. 96 to-date, and they feel en- couraged by the recent public response and interest in this proposal. The Department of Transportation said that it is too late to become in- volved because the plan is already finalized; but citizenry does not become responsive until there is a specific proposal before them, so she urged the Council to realize it is not too late and she expressed the hope that Council would voice their plans to look at all options and not just the corridor the DoT has defined. Mayor Conley assured Ms. Harrison that the City will ultimately accept or reject the plan, the City is going through a process of developing a plan • that it feels is in the best interests of the City. There will be a series of meetings with the Council, Planning & Development Board and staff to determine whether alternatives we could feel comfortable with can be deve nned. akinu a lnnk fir~~ ~n p if WP r , A ~c~ hl~ h"n ho n~ocon+ 248 -4-March 2, 1977 and a statement from the East Hill Civic Association (now known as East Hill Association) which was adopted unanimously on Januarv 6 (Mr. Wilcox read the statement to Council) which favored keeping Ea~t Hill School open. Mr. Stuart Stein, 1018 East State Street, addressed the Council as a member of the Planning Board who originated the request that was before the Council. He summarized the Board's viewpoint and said he would answer questions as to why the Planning Board has recommended this. Essentially the members of the Planning Board who passed the resolution unanimously, passed it, in his judgment, because they were dealing with city development and planning issues and not addressing themselves to . program issues. In the consideration before treSchool Board of reorgani zation, the Planning Board foresaw the development of a possible suggest.......o. which would close neighborhood schools that would have an impact solely on the City of Ithaca with no further impact on any other municipality· within the school district. As we now have heard several points of view, we do now have information that is absolute -the possibility is to close down schools in the City of Ithaca and not anywhere else. We have a decision that is not evenhanded, at least in terms of impact on munici- palities -simply directed at one municipality. The impact, as th·e Planning Board sees it, is a very negative one because it will further the flight of young families in those neighborhoods which are impacted, which will result in other conditions of more rapid transition of those neighborhoods, which we see as a detrimental effect on those neighborhoods and the City as a whole. We see this as a broad city problem--East Hill, Central and other neighborhoods. We feel it is important for this Common Council to act, if and as the Planning Board do recognize it as an issue-- that it is as important to the health and the future over the long-range of this city as our concern with the Commons and industrial development of the City. The Board feels so strongly it has taken the action to request the study. PLANNING & DEVELOPMENT COMMITTEE: vschool Reorganization version of the proposed resoluti ' Chairman Meyer asked to read an amended which was seconded by Alderman Nichols: -WHEREAS, the Ithaca City School District is undergoing a reorganization process which is primarily focused on closings and consolidating schools in the district, and WHEREAS, data and analysis to support the closing of schools has been inadequate and inconsistent and very little investigation of the major questions that have been raised by the public has been undertaken to this point, and WHEREAS, the major environmental questions of the effects of the proposed school closings have not been addressed, and WHEREAS, the effects of closing elementary schools are more than educa- tional and psychological but also social, economic and physical; THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca requests that the Ithaca City School Board undertake an environmental impact study of any proposed elementary school closings or consolidations before proceeding further in this reorganization process, and BE IT FURTHER RESOLVED, That this Common Council directs the City Attorn1 • ro i vest·~ te t'e eQal concerns in the Board of Education's decisions· U) U) 0 <C <C <C L -5-March 2, 1977 249 Eisenberger and expressed very specifically what the City concerns were. The School Board have made two public statements--one that "we are not into preserving neighborhoods." Mayor Conley thought perhaps it was their consultant who said this. We (the City) have made that attempt! However, Alderman Meyer suggested to Mayor Conley, and he agreed to ask Common Council for a meeting of the School Board and Mr. Backer and his consultant, if they so choose to include her; to get a notice out to all members of the Common Council and see if they can sit down and discuss the matter before the School Board takes final action. Mayor Conley said it is probably important that the City take that step, but he still feels that the City has to indicate a very strong position. Alderman Boothroyd commented he didn't have a great deal of difficulty with the School Board conducting an environmental study; however, he said we are requesting them to study something which doesn't become law until June 1, 1977. Secondly, as stated, if the School Board refuses to listen to our arguments now, he doesn't know why they would bother to listen to the results of an environmental impact study. Thirdly, he would leave that to Atty. Shapiro, but he would question the success of any suit against the School District on an issue such as this, or he thought it would be a further waste of taxpayers' money to spend money on a lawsuit so he is not going to support it. Alderman Nichols said she thought the City would be extremely derelect in its duty and truly wasting the taxpayers' money if it let this thing go down the drain. Closing schools is the fastest way to let the city go down. She feels her constituents would expect nothing less from her than absolute defense of the City's position. When the City discusses this matter with the School Board she will be with them. She said the School Board turned a deaf ear, and it seems to her the City has to have it on paper, loud and clear, that the City has said its position is that no school should be closed. Alderman Boronkay asked what is meant by environmental impact and what happens to the study. Director of Planning & Development Van Cort replied that it questions much more than the flora and fauna--population distribution, preservatidn of neighborhoods, particulars of population, preservation of housing stock, economic stability. It is a study which analyzes the effect of the decision of this governmental body (School Board) on those things just mentioned. He said there would be an assessment of what the impact would be -of what the physical results of such a decision would be. The evidence should be examined before the decision is made. Mayor Conley commented that the community has a right to know the results of such a study. City Attorney Shapiro said that hopefully the study will show what the Planning Board and Planning Department and other staff members of the City believe it will show. It will be persuasive evidence to the School Board that perhaps they should reconsider the direction in which tl1ey seem to be going at this point, and perhaps not close the schools. Ba rring that, if the School Board, after seeing the impact, so chooses to proceed in this direction, then at least there has been a study made which does . present those facts and could perhaps be the basis of some further action which he preferred not to comment on at this point, as it would be unwise. Without an environmental impact study right now that whole area of concern has essentially been i£Tnored. He sa i d that while s:ivino X nnmhP.rs nf 250 -6-March 2, 1977 Alderman Boronkay asked why tl1c City cannot do the study and give the School Board the facts instead of continuing-ta 1 kine ::ihmrt it. Mayor Conley said the School Board should want, almost demand, the type of information such a study would show before making a decision. Alderman Meyer said the monetary decision which wishes to make is producing another potenti~lly effect on the area which has its school closed. make that investigation and we think in view of this is an appropriate action to take. the Board of Education monetary environmental ¼e are asking them to the whole conflict, Alderman Nichols commented that in a democracy the elected officials are expected to be responsive to the needs of their constituents. It is..._. very clear that when a large part of one's constituency is opposed to the action which is about to be taken, you should stand back and look at it: They did take a survey last year and the results of that survey were that those who. responded were not in favor of closing the schools; they were not in favor of shutting down any programs; they were not in favor of losing any teachers; the only thing they wanted to do was to cut the cost of central administration. That result was completely ignored, and blithely and easily they go ahead and talk of closing schools. All we are trying to do is ask them to shape up and listen to what their constituents are saying. Alderman Boothroyd told Alderman Nichols that the statement she made is in agreement with the way he would like to see the school system run. He said he has no objection to everything she s~id but one of the problems in his mind is that the people who sit on the school board have to look at the other side of the ledger, and where do the dollars come from? He said he would just as soon pay additional taxes but there are many people who would not pay it, who cannot afford to pay it, so he would also like to see a survey that asks if people are willing to do all these things and raise their taxes too. Alderman Gutenberger left the meeting at 8:00 p.m. Alderman Holman commented that neighborhoods are important to the City ...., and she didn't think anybody was arguing over that. She did express concern about the resolution because there are some things in the rules and regulations which may prohibit one public agency from reviewing the actions of another public agency and she didn't think that point had been clarified completely. She said she would not like to have the City weaken its case by acting prematurely. City Attorney Shapiro said the resolution does not authorize him to commence a lawsuit; he is authorized by Charter to take such legal steps as he thinks necessary for protection of the city which of course he would not do without some direction from some part of the city. At this point all the resolution says is for him to take a look at the situation from a legal standpoint and he has every intention of doing that. A vote on the resolution resulted as follows: Ayes (8) -Bordoni, Boronkay, Dennis, Holman, Meyer, Nichols, Saccucci Nay ( 1) -Boothroyd .5 IJ•l""<e~ :,Y{';f-Q Absent (1) -Gutenberger Carried COMMUNICATIONS FROM THE MAYOR LD LD 0 <( <( <( -7-March 2, 1977 251 WHEREAS, such formula, which was altered to distribute only 18~ of the income tax before the enacting statute became effective, was devised in order to enable local governments to benefit from the increased yields from the income tax, and WHEREAS, such increases in the yield of the Stc1.te income tax would result in annual increases in State revenue sharing for local governments and thereby offset some of the inflationary costs of local government, and budget WHEREAS, the Governor has proposed in his State 1977-1978/a ceiling on the total amount of money that will be distributed to local governments from the state income tax, and WHEREAS, such a ceiling on the amount to be distributed violates the original concept of enabling governments to share in the growth of the income tax thereby avoiding the necessity of substantially increasing real property taxes to operate local governments, and WHEREAS, the concept of freezing the amount to be distributed to local governments places in jeopardy the continuation of the essential services for local governments without substantial increases in the real property taxes; NOW, THEREFORE, BE IT RESOLVED, That this City Council hereby recommends to the Governor and to the legislature of the State of New York that the State Budget, as proposed, be amended to provide as follows: 1. That the proposed ceiling on the amount of revenue to be distri- buted to local governments from state income tax collections be removed so that local governments will be able to share in the growth in income tax collections as originally proposed when the revenue sharing plan was enacted. 2. That we hereby recommend that the Governor and members of the Legislature further amend the revenue sharing formula to provide that local governments shall receive 21% of the State income tax collections instead of 18% which was distributed in the last State fiscal year. 3. That we urge the Governor and members of the Legislature to recognize that the continuation of a revenue sharing plan which provides for a distribution of 21% instead of 18% of State-collected income tax revenues be continued in order to avoid substantial increases in real property taxes which often fall most heavily on those persons least able to pay such taxes. 4. That the city clerk be hereby authorized and directed to send a copy of the resolution to our own State Senator Willjam T. Smith and our own Assemblyman Gary A. Lee and the following: Hon. Hugh I .. Carey, Governor of the State of New York Hon. Stanley Steingut, Speaker of the Assembly Hon. Perry B. Duryea, Jr., Minority Leader of the Assembly Hon. Warren M. Anderson, President Pro Tempore of the Senate Hon. Manfred Ohrenstein, Minority Leader of the Senate· Hon. Donald A. Walsh, Counsel, New York Conference of Mayors 5. That this RESOLUTION shall take effect immediately. MOVED, By Alderman Bordoni: Seconded by Alderman Saccucci TablinfJ Motior. -8-March 2, 1977 252 v ~~ewer Operation and Ma;:; tenacce Rr~ imhursemen t By Alderman Booth-royd: ••• Seconcled by Uderman Dennis ":_~·\.;:~~, ':'~~-~"': -~:!·i.:.. ~-..:u.\.~.:.ii 5 v~ t.11~ [1Jllvw.i.1tg !t;;.;~vluL.iu11 Ue wdlveU. Carried Unanimously By Alderman Dennis: Seconded by Alderman Boothroyd WHEREAS, the p~0poseJ state budget allocates $12.1 million for reimburse- ment to local governments for t11e operation and maintenance of sewage treatment olants, and WHEREAS, the formula for the operation and maintenance of sewer plants originally provided tl1at the state would assume one-third the cost in order to assure the proper treatment of sewage and thereby promote the program to make more pure waters of the state, and WHEREAS, the proposed appropriations in the state's next budget would ........ have the effect of reducing the state's share of operation and maintenance to 10% of such costs, and WHEREAS, such costs arc increasing because of inflation and because of requirements for a higher degree of treatment of the effluent, and WHEREAS, the effect of such cutback in the state's share of operation and maintenance aid will result in shifting the cost from the state to the factory owner, business owner and home owner, and WHEREAS, the increases in real property ta::ces er sewer rents will, in many instances, exceed any proposed savings in state income taxes for suth real property owners; rrow' THEREFORE, BE IT P.ESOLVED: Section 1. Tl1 at this Common Council hereby indicates that it opposes any proposal to cut back on operation and maintenance aid for sewage treatment plants. Section 2. That this Common Council recommends that a sufficient sum be included in t~e next state budget to provide that local govern- ffients shall receive state aid that equals one-third the operating costs of municipal treatment plants. Section 3. That the language of any such appropriations clearly direct that such an appropriation be paid to local governments as provided by law and tha:c the Governor or any state official shall have no power to withhold the sums so appropriated. Section 4. That copies of this resolution be sent to the Governor 2nd the fellowing lsgislators: Hon. Mary Anne Krupsak, Lieutenant Governor Hon. Ma~frad Ohrenstein, Senate Minority Leader Hon. War~e~ M. Andersen, Senate Majority Leader u.·.·C~ ••• ,~ ... ~-... -.,-,-:-.... -~-,.,.u.+ !\c-,,,-bl•,c C:p-.~'-er· "-" ""'-...,i.,a.., ...._ \._.;) -..J ..., Ir,,.,,,..._~_., t::, t.., ' .., 't....:,:;, Iii:.:;:: .UL ,' U ~ 0. J..\,, Hen. Per=y B. Du~yec, Jr., Assembly Minority Leader Hon. Sta~ley Fink, Assembly Majority Leader Sec"Cion local paper: 5. Th~t copies of this resolution be sent to the Ithaca Journal following Section 6. That this resolution shall take effect immediately. ,-..., .,...;L:t.rl TTn~ ;mn c: j L 11) 11) 0 <C <C <C ......... -9-March 2, 1977 253 WHEREAS, the Ithaca Common Council has appropriated $9,000.00 to the Tompkins County Senior Citizens' Council, Inc., to enable it to provide service for the estimated 3,200 elderly in the City of Ithaca, and to conduct its program in the City. THEREFORE, be it resolved that the Council express its deep appreciation to the Ithaca Common Council and that this expression be conveyed to the Council and spread upon the minutes of our Annual Meeting. ✓ T. Merrell Shipherd, President The Tompkins County Senior Citizens' Council, Inc. February 17, 1977 BUDGET AND ADMINISTRATION COMMITTEE: Lease of Pre-K Space in the G. I.A.C . Building_ __ ! __ o __ !.b-_? Drop-In ___ ~enter ✓ By Alderman Dennis: Seconded by Alderman Nichols WHEREAS, the Drop-in Center has for several years provided a valuable service to downtown Ithaca, operating from its present loc:aticn in the Y.M.C.A., from which it is necessary for that program to now move, and WHEREAS, the best alternative location for the program is the Pre-K room in the G.I.A.C. building, and WHEREAS, the Drop-in Center is unable to pay the rent for the Pre~K room; NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Ithaca lease the Pre-K room in the G.I.A.C. building to the Drop-in Center for one dollar, 2. That said lease be for a one-year trial basis, with provisions for insurance and regulations governing the use of the building. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Referrals to Budget & Administration By Alderman Saccucci: Seconded by Alderman Boothroyd RESOLVED, That all future items dealing with governmental agencies other than just the City of Ithaca be referred to the Budget & Administration Committee for development of a formula. Carried Unanimously CITY ATTORNEY'S REPORT: City Attorney Shapiro reported that the lawsuit of the City of Ithaca vs. Everts was settled for $1,000; the Hancock Street matter was also settled and check for $1,000 received; pursuant to the djrectjon of the Common Council Atty Shapiro commenced a petition in the Appellate Division against the Town of Ithaca (there have been some other developme11ts there); Mrs. Muka has commenced proceedings against the City wtich At~y Shapiro moved to dismiss same and it is pending in front of Judge Swartwood; 2nd the City of Ithaca did recover $J82 settlement for bus tokens lost in transit. BUDGET & .l:..DMINISTRAT'!ON COMMITTEE: ' ~~~1~~-~~~::,~3~_[ D;~~~~: an~c~6~~~'.~:~~ -;~;XAi,~6~;'.;l}~- 254 March 2, 1977 i,i'. TT FUH'\'l[ER RESOLVED, That $-i ";vJ 1" ··r·::t n ~ ff.\ r·r '1_ no ~" (, . n L' , __ ) -t-:~,""rn r -, n n ,, • ._ __ ) ' J ,000 i:-.; here[;> :.:vrnopriated for said projec ts] ... f .... ~-:" _ .. •. • . 1' ,.,, _,,. ,, r•. r. ,._ . _ ,... -(' -~ -· ~, ~-: ._, ... , 11. •. _, ,~ .J.t..,... J.. S,j;. b \..., .u. '-J , (.J.{.L 'i....!. iy U , U U U .1. 1 U Ht lJ .l ~ 'J lJ '.3;;~·.;r(;r c:c,.:.t i.11gen.cy .. a ;}iscuss:i.ori followed on the floor. A v,Jtc on the resolution resulted :1s follovs: Carried Unanimously VSewage Treatment Plant BY J\lci::n:wn ··Dennis: S,-:conded by ;\ Lc1c:cman Boothroyd. ·:~~1.-_:S().L\'"LD, rl'h;1t tb.e1~e is }1ere1))' .. crt:ated a. ca1)itt\l project Trc;irmc:nt Plant," and EE IT PURTHER RESOLVED, That $100,000 1s he re by q,p:ropria ted for said ·_r-1·•0 .; ,:-, (". t l·1y t ~·an(" 1.·'= ,:, ·,-r' 11 '.' (• l l''\ () 0' 0 u•· F· '"','l'l (.,. r .; 1-., ·, i) ,·,, ,. ·:.-r'V''" ,\,~count # 1_ 7 -~ew. e· r t---' . J t~ ... _,. A. -_ .... , v .L ..r... L t> ti.I J ., , ., .. .i. .,_, :., ·-' Lt 1-·' .J.... l... o .t l 'L ~~-• .:, 1.:.: ...... ✓.-\. \... .... ......, • Construction for the purpose of devclDJnng the facility plan. Discussion followed on the floor. Dy Alderr:;an Meyer: .Seconded by ;\l dcr:112.n Holrn~m RESOLVED, That this requc-;st be t;:;_;~1(:;d until there is a full clarification of an undesigned project. A vote on the resolution resulted as follows: Ayes (2) -Holman, Meyer Nays (7) -Boothroyd, Bordoni, Boronkay, Dennis, Nichols, Saccucci, Slattery Absent (1) -Gutenberger Alderman Gutenberger returned to the meeting at 9:25 p.m. A vote on the original resolution resulted as follcws: Ayes (9) -Boothroyd, Bordoni, Boronkay, Dt:nrtis, Gutenberger, Nichols, Saccucci, Slattery, Holman, Nay (1) -Meyer Carried V Water_ Sup_E,J.:.Y, Improvements Bv Alderman Dennis: Seconded bv Alderman Saccucci RESOLVED, T;1at there is hereby created a capital project entitled "Water Supply Improvements" and that $25,000 is appropriated for said project by transferring $25,000 :from Capital Reserve Account #16 Water Source Development, and BE IT FURTHER RESOLVED, That said 2.uthori7ed app:royn·i;:ition he contingent upon a review of the scope of services in the proposed study contract prior to executlnn by the Mayor and that ths Budget and Administration Committee of Common Council act as agent for Cour.ci1 w:ith pow2r to act. A vote on the resolution resulted as follows: A,,0 c:: ..... ,,, ..,, ..... Nay (Ci ., J (1) -· Boothroyd, Bordc,n.i, Boronkay, Slat-::c,7, Hol1r.an, GuteniJerger -~1ey·e r Dennis, Nichols, Saccucci, LO LO 0 <( <( <( -11-March 2, 1977 255 WHEREAS, A public hearing thereon was held by said Board on December 8, 1976, at which time the Board took action to finally approve sai~ assessments and filed schedule thereof with this Council for confirmation and final approval; NOW, THEREFORE, BE IT RESOLVED, That sai<l assessments in the totaJ amount of $12,201.86 (copy of-._.schcJulc attached to Minute Boo\) be and the sari•:' hereby are approved an~ confirmed, and BE IT FURTHER RESOLVFn 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 anJ City Clerk ·be authorized to sign and execute saiJ Warrant, whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessm~nts or portions thereof remaining unpaid after the expiraticm of .six months from the <late of such ifarrant > the City Chamberlain shall adJ and collect the percentage thereon at the rate of 5% per annum except and -µro 1.1idcd 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 nerson desiring to pay by instaJJme~ts shall make application JH0J;1ptly j_n ',✓ritiug to tlie City Chamberlain; and all properties having such assessments or portions thereof of installment pay - ments in arr'?-ars, and rprn;,jnjnz 1,np2id 2.t the cl_o5e of any c:ity 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 sJ1Rl1 be sold foT any unpaid assessments or portions thereof or any unpaid installment payments, together with the outstanding balance of such i11stallment payments, together with all interest, fees and penalties that may have accrued. Purchase of Residence at 21~ South Plain Street~ By Alderman Dennis: Second~d by Alderman Saccucci Carried Unanimously WHEREAS, The Common Council has a major investment in a residential re- habilitation program in its Community Development Program, and WHEREAS, demonstrated rehabilitation is a major link in the success of said program, and WHEREAS, Tompkins County owns a residence at 213 South Plain Street which they purchased through a tax sal8, and WHEREAS, the rehabilitation of 213 Suuth Plain Street would be a good example for otheT owners in the rehabilitation area; NOW, THEREFORE, BE IT RESOLVED: 1. That this Common Council authorize:; and directs the City Attorney to negotiate ,vith Tompk:i:ns County for "the purdrnse of ZL~ South P1ain Stn'et, 2. Said negotiated prJce net to exceed back taxes and fees. Discussion fellowed o~ ths floor. l\ vote 011 t}1c r-esoJ.ut:i..cr: t·cs11ltc~-l c-1.~ J_~cJ.lr)~tlS: Audit n::--•:\-7••--1 h --.r:-, 256 -1 2 -~larch 2, 1977 c,_\'.'-~_T_ t ~_Tte J1a _r.:k i 1~_g -~:: 11_:~_T· g c~:,; __ ~i ? d F .: n ,': ~;_ 1\1 (i ern1a11 (~ut,-1n bc r ge1--rerort e:1. ti•tc .. r c \•;o uJ t.1 be::-:. ri1ccr.i11g 011 ~-!ttrcl1 17 at '.·VIL LCn Li.me r.ne ~TOl~CUUl'flS t'/C)Ui c! r.•~' .cr:-v :u-•11'•.":! ::c1 :-Cl,(:! wl1:-it, if anything, can be done to resol ve this mat~er. UL\RTEP. f. ORDINANCE cm.J:'.lITT.SE: V Lo cal Law No. 2 ~)y A1dc1·nian Nicho] ::i: Se conded f:i v Al c:c ,·::i<1n B D rdoni ELSOLVED, That Local L~'.H No . 2 of l S:?·:: .\,ncnd..,~,;,: ;-_;C'ctio11 5.47 of the Ithaca City Charter in r~l:1Lion t o the ~utna rizat lon o[ Pedestrian Malls and the Assessment Thsrcfor--~r,t.J ()clucc (l and L::t Ll on Table on February 2,: 19 77, be lifted irom the table and pres ~nteJ t o Council for their app·!:oval. As follows: A LOCAL LAW NO. 2 OF THE YEAR 19 7 7 AMf:i·JllING :-ECT ION 5. 4 7 OF THE ITHACA CITY CHJ\RTER IN RELATIUN TO nu: AUTII()RTZATTOi'-i OF PEDESTRIAN MALLS AND THE ASSESSMENT THEREFOR BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 5.47 of the Ithaca City Cha~ter is hereby amended to read as follows: Section 5. 4 7 STREETS, PEDESTRIAN I,tALLS, IMPROVEMENTS AND ASSESSMENTS 1. Authorization of paving and other street work and pedestrian mall. The Board of Public Works on its own :notion or upon :::ietition of owners of abutting property, r:qy consider and tentatively a 1Jthorize the paving, repavins, resurfacing or s11rfacc tre5tment of any street or portion of a street, and the ccns tructian of ci,rbs and gutters in any street or portion of a street ~ntl the constru~tin11, reconstruction of or addi t:~on to a pedestrian mall, rrnd. detci-1;1i 11e i 11 mnttc:rs relating to the type, materials and :,1ethod of ccnst:cucti(_:n thereof. The Board may ~.old a public hea-ring ::i_n regard tc, any such 1!1:pn1vemcnt and shall hold such a hearing whenever such improvement is as~es s ablc as hereinafter provided, after giving notice by p ttb l ication at h·a.:;t cnc:e in a local newspaper not less than five (5) days bcfor2 such hearing. The Board shall make an estimate of the cost of such prapo se2 imp1·ovement and file ·with the Common Council such esti m3.tc c11H.l a n-:quisition foT appropri- ation of the funds necessary for the wor~. 2. Definition of terms. For the purposes of this s2ction, the following definitions of terms shall be controlling. Pcvirtg: A roa dway cc1nstn.tct0<l w1t11 or witi1out a cushion or binder with a base course~ and a :\'C:tri.r..g cou1·~_;.:; ,:::o,,sistit,g of L:i.vLt~S; or slabs or constructed with a cemen t or bit:..nninous binder. Resurfacing: Rene~al uf the s~rface Gf a p~ve~ent. Surface treatment: Trear;rwnt of 1:1w finishe:d surface of a roadway with bituminous material. Pedestrian Mall: A nublic t hc,~ou~nf?re designed as a promenade for 1'.)t)destri_ans from which moi:.01..i..zt~d '.'ehich:s arc rn ne restricted OY -13-· March 2, 1977 257- 4. Assessment of cost for construction of curhs and gutters. The cost of origin~l curb'.-'. rrnd [Tutter:3, ,vhcn constructed in uwn•::cticm with the original paving of a stree~, shali he included in ~he cost of improvement and assessed hCCord5 !lg1y. Tho cost of renewal or rep::1ir of curbs and gutters shall be a charge upon the city at large. 5. Assessment. of cost of constructing, reconstructing or constructiDg an addition to a pedB5trian ~alJ. Tl t f 1 t. -~ ....... -... -,,-•t-;~-~ -·t:r,o n __ ,-J_""' ....... -c-"·-·11r~+;ncr r-p, ~--1r·!-i .f·~ r,.,r t') ..... 1-)•::--.d-:,r..:-'rT i --..:rti 1e cos·: o • cons :rue L•J.ng, ,. ,:.-1...Cr, ·" ... l..sL J. . .te, .• ''" 011.., er ,_ "· c, o". •··'--'----~-· ,,. 1 , u. 1 ,,. ...... , .. .• , ___ ,_ .__._ mall shall be borne as fo1.1ows: ~9-t_ 1 c-ss tl~r0_ fifteen perccru. (JS!:) shalJ. be a chanz<; . t +h ·t t 1·· ' .... tf • },+ f' • (AC-O") cl r,·i·, 1° ~ c•,r~·r·--p aga1ns ., c ci y a· arge anc1 not, mon-, "mn. c1,r:., .... y .1vc pcrcer::.c ~c;:.,&., _.,,10 .. u .. k-'"' L .. g- against prop~rties ,;:hid; the;_ Bos1:::-2ro1:·1-\?;Trc \for.ks, sub~ cct to CCi~t:..rni;:;J,jyr{by. ~.he , Common Counc:11, shall detenmne and spcCJfy to l!e espen2JJ? br::;:;-~e:b.tte'a, apportJ .. oneu in accordance witi-1 a rate schedule to be ,cst,)bl:i.shed therefor from t:irne to time hy tJ-1c Doa:td o-f Public Works to be dct,.3rn1::.nc'.:l on a.ny equi t~'.blc basis including; but not limited to. a svstern of classif:lcnticr; for nucr;osr~s of establishing differential rates: If"\ whicb rate. scl1e;Ju1c shall be sub:i cct i:CJ c0nfirr11ai.:"ion [). y tl1e CC:T'1'1'.8Il Cm._ mcil. BeI._ore u 1 ' d · · f. 11 '~. • •• ' r, 1 f ~ • J. l1 •1 .h 11 ' 1 1 t any such rate scne .u.Le 1.s :J na y estao1:1s:1e:1, tne noarC1 o_._ vutJ .ic Ao Les s a~. 110 .c c1 .: 111 least one public he.?.rjng thereon. -::•fter· giving not:i cc by publication at least once :in a 0 .. 1 < ' ' ,~· (' ·1 ' ~ l 1 • J0c.ri 11e1vs1='~~per, n.oc 1.cs:3 t11~u1 rJ_\;-e _:;-~, cJCl)'S r1e:Lore s11c .. .1 1ec:1r111g. <( <( 6. Manner of Assessment. <( Upon the cornplet:ion of any imp:-o\,0ment, of which all or any part of the cost is charged to abutting; owDers' properties as above provided, the Board shall cause to be prepared a map and a statement showing the cost thereof and the apportionment and assessment against the respective pr~perti~s bene£itted and shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shaJl not be less than ten (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 a~ justice may rcquiTe, fins.J.ly approve the sc:1.me and fj le a schedule th,2reof with the Comraon Council wl1ich 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 payment thereof, and provide for a percentage addition to any such deferred payments at a rate not exceeding six per cent.um per annum, to be determined and fixed by said counc:i l, together with any :fees and expenses which may be incu:tred in connection therewith. Such assessments, percentages, fees and expenses shall be collected in the manner provided for the enforcement, levy and collection of city taxes. Section 2. This lccal law is in the manner provided in the adopted subject to referendum on petition Municipal Home Rule Law . Carried Unanimously Council Rules of Order m1d Rules of Proced1n-e L-- Rules of Order • By Alderman Nichols: Seconded hy Alderman Dordoni RESOLVED, Thac the slightly rt:Vi:~r:ci and upcL,;:~ed Rules of Order be bT01.1s-;ht out again a:rd disp1ayed 011 the ·,-.,ill!, of the Cu1 .. ~ncil Chambers for the •• information of everyone after app~ova] by the Council. 258 "1'1·::~ j-.:ray"()r Hl;-~y ·1_7,;~j_·;_=. s·r·c.~~tk<\r ·co t·i, 1·i.:c:>:-r\:~·.:.e: uf the~ ~t:c~::t..i.:1g 11n.{lcr t!1.(: ~0;:._--lj! __ ::] .. o:t 1•1.;ct·;_t~l.\·:,:·1 , ;:111; .. : lJca:_ i_il.J:"' .. ;:·, \.It I'\(;t·s:Jns before tb_e Cour1cil'' (,:\C')nt "\\1f1Cn ii fl!i·,'iJJ1:'. h:1,; ty,c_-,, (ir,•~1._,c;;if·(•'.' ;:; n ;•ililJ .lC !,earing. it c:1 I)(~rso11 cli:-::si:~·c.(~ t<; ~}1-:iet1._'.•; o·t;_ :-.-~-:;~f)Ci.·_-i _.:_,~ :i·:;:: ___ t:;;·£" listc(l on the a.gencla~ he or she may .:1p;1e:aJ Lo t,1e ['.J ·:yo;· for pe c;:ission to 5p,)ak on the jq~1tter \-,-'itcn it cr}1·::e~~ b:::J~·D}~c t!1(~ C();_,nc.·i.1 J..-~l t11u cou1·se of tl1e 1necting art(l the ~-,1{l}"Or 1ar1.;-~ gT~lf'tt :·-;~~l'-~h. pctLi1.~;si<.1r:,, Ci. With th1:.' exccp1-t 0:r: or' the afoc:":>,,1!:icn,::d :-uJc::::, ROBLR'f 1 S RULES OF ORDER will be followed. 7. The City Attorncv shc1.l.l 8CC as p:i:·tialiii:ntarian at all meetings of the Common C~rnncil. Carried Unanimousl)- \/ Fu1es of Procedure >v i\: ,; <f-,n~n "'ic\ol ··' ;)•jCOnded b_'v,' Al;te-rmar1. Bnrclon1· D ;· .. L ~•.•,, . , ct " _.. . .c, , _ , _ ~ _ _ _ RESOLVED, That the slightly revised and updated Rules of Procedure be appToved a~d displayed an the walls of the Council Chambers for the information of everyone. RULES OF PROCEDURE Revised February 1977 1. The City Clerk is instructed to prepare and distribute to the members of the Common Council an agenda :for e·1ch meeting of the Common Council. 2. Each Council Tileli11)er shall receiV:"3; from the City Clerk an agenda of the Board of Public Works, Planning Board, and Common Council at least four (4) days before each meeting of the said boards. 3. Each chairman of a CoTunon Council comraittee shall present agenda items p ·:::,rtaining ti) that ccnm::.tt2e tc th8 City Cl2x·k no later than 9.00 a.m. on the Priday prccechng ,v1y r:-,ec c i ng uf the Common Council and give ~;ornc indication oL 11lH~ther t11e .item is for Teport or action. d. Whenever possible, a copv of all resolu~ions to be acted upon at the Common Council meeting shall acccmpanv the cha:~rman I s report to the C' ; ., .. r (' 1 ~-rk· ,, c-1r' ~-11'" 1' ·i •·y· l,-, 1 :, r•k-s l---; 1 •1 ,, ~ + •:· c'1-, ,. '1 :! d 'l''" CO lut ·i on s tu· ti1c, ..___, , -1. L. J '·--' ..;,.. e ... ;'l u~.. ..._L L. l ,,,., , .. ~ ..... \.... _; J_ t..., ...... l (..... ..J.. u. L. •~-u -. J • . . .... ~-J ~-.. • l ~~ agenda .. 5. All mattsrs to be brought to the Common Council sl1ould be thoroughly explained, with names~ dates, time, aJdresses, etc. on the agenda ( n :·,'Cf-'D 1--i\,f •a vo·r· 1 ·, 'l')n-c) ·i TI +-1r-c,1·1t· c-T '"''la rv f· ]-T -C-+ 0 c each ye~ ar) \.,\.--'"''--~,._-,,J"-'.1-.-.r.;kl .... ·~}t' ........ t .•. lC .• ..J,1...,aJ..LL-~i .......... Jt • .L .,c -C • 6. Nr; legislation m~y te brought up for a vote at a regular meeting of the Common Council without unani1nous vote of the merabers unless it ha3 first appeared en the ageuda. ~ ~atter mQy be reported to the Cau~cil at any time, apoear s 011 the a.gen.la f OT that me ct ing . However, no ~-r· -·n, r -'-~ 0 n TI' ,, ,J " "'V C ,_, ·~ i-.c ,._ -., 1' (-' f' ,,:, ~ .. '] -l -.,, :l 't l7 11 .~. 0 -:i -p G1 "c C· \..}. HnJl.,..L --~ci d.v, I..:.~.:\.····!' ..... .L\. •. I. _,,.l•_.-i.l.o., ~'--l~ J.\.,sCl-.l -· tlO(:S 110~ aJJ_pcctr ()L. -~he c1gt:r:.(Lc1 i{. a forillC-:.1 objc;:tio11 to the Mayor by any litemher of the Common Council. wheth2r or net it vote may be taken any matter which thereto is made 3, The City CJetk w;_u_ transfer in f!ii;11,o form all referrals or 2_ction -rcsolut.ions to the ir,voJved Council co :rrmittces, lay Doa:cds, agencies, an.cl ,le·pa.rtrnc-..1ts .. origin~tion date wiJJ nppe~r on all ~gendas .. ,-,,, .-,.~+ ~ ,.,,..., 1-, .-, c l-,L":\0 1\ f· ._, L-r.."11') 1',r i-·hi:.::. i-.0tn1-rdn1'1 ('n11nr; -15-March 2, llJ77 259, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chanter 60 entitled 11Traffic and Vehicles 11 of the City of Ithaca Municina1 Cocle is amended as follcnis: 1. That subclivi~;ion Hof Section 60.46 cntitle<l 11 T1vo IIcu:r Parking" be amended t C\ j ncl ude at the prope .::-alphabetical place the following: "North Titus Avenue, north side, from Cayuga Street to Geneva Street.11 Section 2. This ordinance shall take effect immediately ~ind in acccrdancc: -.-with law upon publication of a notice as provided in Sect::_c11 3. 11 (E) of the I thacci City Ch<trtcr. LO LO 0 <( <( <( Carried Unanimously By Alderman Nichols: Seconded by Alderm;:in Bordoni ORDINANCE NO. 77 .• 3 AN ORDINANCE AMENDING CHAPTFT~ 60 .FNTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHAC.A MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca> New York, as follows: Section 1. That Chapter 60 entitled 11 Traffic and Vehicles" of the City of Ithaca Municipal Code is amended as :follcnvS: • Sect.ion 2. 1. That Section 60. S entitled "One-Way Roadways" be amended to include at the proper places the following: "North Aurora Street between State Street and Court Street in a northerly direction." and "Cayuga Street ;1etw(:en Court Street and Green Street, in a southGrly direction." This orclimrnce shall take effect immedi2tely and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried UnanimousJy \ 1 • • • ~ l . i:T. • • £, j c.nnnJ.stratlVB Coc_e ____ 1pda_t1ng Method of FiL!inp, Vacanc.;cs That Mc1v Occur on Common Council -To Be Filled with 8 Mernb(?r of __ t}ie S_a;oe f\7 rty _a~; the Pe_rson \{ho Le:i.:t __ Oi:ficc -----·--·---··-·----· Alderman l~icl,ols rc~ported that this item was r 1;:;fcn·ed to Conu,1i ttee at th'c:'. January 5 meeting, 11 that the committee consdier d1a1:gi.11C' thG ChaTtcr provision for fiiling a vacancy of an alderman.11 Sh~ r~ported that upon looking through reference materials readily available, including Ch. 7, p. 1 of the Charter, and Roberts Rules of Order, it appears that this would be extremely difficult to do. It would be contrary tc both the Charter and Roberts Rules of Order. Therefore she 1·equeste4 permission of Council to ·withdraw this item from tl1e agenda. Seconded by Alderman Boothrcyd. Aldermen Holman and BoronkPY obj ectcd to the item beiTH' removed frcm tJ:e 2ue11 da bec;,usc even thou 0 ]·1· it })·>d tY'"'T' ()]. c·c••;ss•'·1 1·1·1 .-:=:,1,n·i··t··,l·"r, T,.~o ::i.c·t.·_:1 .. 0.'.,·.1 l"> .-J. .... , ~-_,.. '... ' ~ ·-. {-:,· _....... ·-..,.,1,,..,_A, "-· ~.) .u ... _ l,.Jl~).. .... ,_.,._;, lUI. . ,,.\...~V' .... C-" ,.,. . ~ had been taken on it. Alderman Nichols 1<J:i.thdrn,v her motion the agenda. re q u c s t i. I1 g t 11 e item ne removed from 260 ! 'i)liJ\~-), the St:-1te c}f ~-~:~\\r ... {nrk l1=1 dc;'1.t:r·1;-:!!t:?1.J 1l;al. _,,r 1Jf Tth:_1.ca ,_-,ut.hor / l .r_:_g f_i_~~J.:nc l_.~-1.: :t~;··.: -~>t .. 111•~-:c to , ~ ~ . . i11\.)\.J LL .1. e~ l-U 1·e .1· .. LC CL L ; .J ... ::, Ci l (A 1 1. i; t; .1 ii >, t_. () IJ l' (.:.1 t < J .,_ U Hnrch 2, 1977 contract with this project must fHOj ec L the be NO ',1/;, THERE FORE, BE IT l t !1.ac::.1-here by: Ccm:nun Coun ·:·i.l of the City of 1. Authorizes the i.1ndilicr1tiu;: \::,: ihc coritract fo:r Project No. 36-00'.·19}, i',ub:.,rrn Pak; bct:'ccn the State of Neill York an<l th r~ C i t y o f I t }, '.1 c a -c o Tc CJ c c t t 11 c c! ~, 1 c t i on o f vr o ck res u 1 t in g from the dcci::;ion to 1·eopcn the 100 :~lock of Aclams Street; and 1 2. Requests that the dollar amount of the project be reduced as f O lJ 01-iS: (a) 2 adjustable backboanl suppcrts Hi.th backboards (Mexico Forge 905-000) @$259.00 (b) 1 minimum order concrete (c) 2 labaTers and 1 foreman at average of $4.50/hour x 8 hours (d) 1 dump truck and cmnpre<=-st:lr @$(,/hr. x 8 hrs.· TOTAL $518.00 40.00 108.00 48.00 $714.00 Carried Unanimously ~-P-~J~_S:,9_!__ Road Bikewav_ By Alderman Meyer: Seconded by ~lderman Holman WHEREAS, There is no provision for acconn,10dating bicycle traffic on the new Elmira Road, and WHEREAS, Bikers are likely to ride to estate parks and to the country. BE IT RESOL\:.ED, That Common Council d:itr_;ct the Planning Department and .__ the Departmsnt of Public Works to work together to develop a bikeways signal system for Spencer Road and that the cost of this plan be returned to Common Council by the May Council meeting. Discussion followed on the floor. A vote taken on the resolution resulted as follows: Carried Unanimously Anartmcnt Ordinance Alderman Gutenberger reported that the second and Jast meeting had been h;::ld; the input from these mect:ir~g::: 1::il-L be wo-rke:d on by the comrn:i.ttee a11d 11.opefully reco:nf'.1e:nJat.io11 v:l.J.1 Ce b.;.·o,1gi-1L t!) Co11r1cil ~~tL tl1e ;\oril n1eeting . '--I-t.1~,iIJ(?S.3 I11vest1neJ1t Exe1n\Jt_io11. r:;/--1\.:.Lcle1~!)1c1rt f.'l(~·yer~: :'.~;cc<.:::1·1(lc:-,j 1j~/ /\J(lc~ . .r-r1Lq1'i. l~o-fc:011i WHfREAS, industrial anct commcrciaJ development within tl1e City provides in,·••fti::,.a_,•r,d. -iof>s r.,~·1c1' {~Cl!(""' -t·~,y rr,v,:-.11·11r>': •• ,,trl _._,._ _,..l. ..._,, .,_J-..,,, .) .... ,,,. . .,.., ..JC:.!...i.. . .,..__, -..,....,.•.4·~ .._...," _ • .._ •• __.....,.._,) -..~1 ·- 1r(-l'L•-:n rr.~ c: tl1r~ P 1j_ :1n·•1-; ,; " ·, wl }1.:;,,-e 1 0,-,,ri,'1, t T;c,;_, cd aud the P lannin2 anJ Develop_·-]J _., •-4'-"-' ·"\.L__.' -' -.._ .._,.,, .t.1. .. t •. , ·t':, <...,4-• ...,.. .... ..._, W ,. · t-· .. • .. ~. · · • • • --,_, - 1ncrtt Cc1r;1r1ittcc o·f Co.1.n~~~t._,1_;l Cour~ciJ ~~.: .. !,~~"\ tl1a.t ;1)1r~·.ru1)-.ciD.te ir1cer1tives are _ _,_ __ .:1.1. __ ::__ ~-L-r"'"'..: ....... Ln Ln 0 <X <X <X -17-March 2, 1977 261 MuniciQal Power Task Force Alderman G11tenberger rcpcirted that the Municipal Power Task Foice are now in a position to issue their final report. Origjnally it was announced that the report woulJ be presented on March 9; unfortunately, several members of the Task Force could not be prcsent 1 and there may be a problem wJth 1he ty~ing of the report. Therefore, Alderman Gutenbe;·~~1· r c q u es t c cl that a meet in g o f t he Co un c i l be s e t for Marc )1 16 at w h i c.h t :i m ,,, the Task Force will present their report to the Council. Alderman Bootl1royd asked, if possible, that copies of the report he available some time prior to the meeting as it appears r::1-t.hc1. vuluminous. Alderman Gutenberger said he would try to obtain copies in advance of the meeting. Route 96 Alder.inan Meyer reported that the Planning & Development Committee had attended the Consensus meeting and that she and Mayor Conley had discussed how they co,-1ld work with the New York State Department of Transportation on this item. HUMAN SERVIC:2S COM:"IHTTFF.: Salvation Annt Alderman Boothroyd repo~ted that the Salvation Army had presented plans for a Crisis Center for people with alcohol-related problems. The City is going to be asked to particjpate to some extent financially. He said that what they lookc d at v:as ra t,1,e;r exci t i11g -the kind of thing that would complement some of the downtown areas. At that particular time the Cammi ttee a.prrov1=:d the pl:rn in concept, subject to funding by the City. Drug Coordinator Alderman Boo-tliro)1 cl rrported the drug coordinator had requested the program be continued. After discussion the committee felt the program should be continued and the coordinator is going to appear before the Bud.get and AJministration Committee for a red;Jced Jevel of funding. Alderman Boothroyd reoorted that the matter of Police Grievance Procedure and Union Contract ha~ not yet been discussed in committee. ENVIRONMENTAL COMMISSION: Alderman HolmJn reported that tl1e Commission had rnet and had a full report and discussion on ti1e Bikeways, discussed the Elmira Road/Spencer Road Bikeway Plan, and she reminded the Council that May 17 will be celebrated as Environmental Heritage Day. BICENTENNIAL CO~™ISSION: Alder£1i::m Nic.hols reporfed that the Conunission had met and decided not to disperse tl1ei:.r funds, with the thought that they would be used for a display on Ithaca Coomons, photographs of Circle Greenway and/or celebration of New York State Bicentennial. REPORTS OF SPECIAL co~~iITTEES: Urban Rinew~l Agency Alderman Dennis reported that the Neighborhood Housing Services represent- • J 1-➔--t 1 -' 1 ,, ' t\ l ;; • ' t l t' ative appcareo ue.-ore .1c L,:roan 1-,ene\\13.1., gency ano. u1scusseo as uuy -ney would U kc to }1ave and requcstc··d funds from the Neighborhood Improven,ent Proicct for the studv. The Urban Renewal Agency granted them $2,000 towa.1d the study. , Alderman Dennis also reported an up-to-date report on the GIAC facility, Phase 2 h~Hl heen presented. 262 d~~,i-;~i1n:1-•-t;~iC-cu.cci p1.·r: c:t1r2J :1 ·pcr.ttion C·run1 res.id,r::nts of t11e vici·nit)' ., r :<~:~t~.:."~<_1·q~ , .. ~:.:< ~~:~_l_l·-=·•a;_ :. ~.: ~~.-.\. i, .. \ 1_.\_; L::., \.Ll (:', l.iq.~ t.Jtt: \__~_it y LC/ recttlest. the lVJOOl.l 1. l t~u:1:p.1.r1y -co r--c1nG'·/C -1·1;:;~i cli?.tc-J:-,· tlt\.~ ()_l t t. 1 ,.11..::5 f··ro;a tl-1e.i.y· present locct-· t.1)~-2.s, 'fhcy 2.·r.-;; c~xr~c·.ri1?1·1.c) .11~·. 0 T'S ,·;_·n J:;CS i-. t:rr)()""C'tnn.t, ::!icy I'...;C~.l' j_ i"l st :J.}l·t. a11e r,J ll s C Olllb ll:::, ti c,n (1T:: t. h c~ sf.::') J_ C ~J k i Tl g t tl.J1 ks ~ "Th e R c s i cl en t s o f the: :; u :: r o l' n d :i n }; a r c {t ) u r g c th c C i t y o f T t 11 a ca to i111~·ncclis.tcly· rcqt:est tL1c ~---'ir.\bi.l_ c.j_l Co~ 1 U'<\rtcr~: o·F t.he oil t;111l:;_) and g~:s tanks in the Vicinity of \lcadaw and Ca~cddil la Streets to take immediate .]c.t.ion~ to con11JletcJ.-:,,·· T£:'.'.il.tYve t])c~1n~ Clrte tu the c:~i::;tin_g <l<.til~?;cr of cont-. ·~11-·iic---1·~1,-=l 't·J,,-, ,•ry:1,'·•.1rt· l1•"1·~---,.r a·1·••n-,c·iv r•x11,,·--i~,·1,r-e'cl l1v ou·r-loc·11·• f'i'ri')']t'·' I_., . -::J ,,.. -~-J. i l-, 1 ,.1.. ~. ,. \.,; "--L , ... .l 1.,, t , ... 1 .. ..,_ --~-{.l. J, .L J 1 (, '-____ l. ,,,. l-1-.. ] ~·., ~ __ ,_, i. -.~ 1--J. ._ J ... . <., -. .., _,. .._ I. \bqvp, petition cont:1 jncd seven signatures. - i\DJO r~T: ('n ;_1 1:,c t:i..on the meeting adj ourncd. at 10: 17 p. rn. -~~:---~~ ~ey, ayor CI;-TIIC YElill J.J7"/ CITY OF ITHACA CORPORATIOU BE IT ENACTI:D by L,e Cor.1:rion Cour:cil of the City of Ithaca a:: Io:tJ.m:s: SECTION 1. • A!·illNDL\G THE CABLE '~'ELEv ISH),; FRANCHISE TO CERACCHE TELEVISION CORi"'OP .. ATION: to i.ts Cable Televit3i.o:J. }'nu1dd.se in &cc:ordanc:•c:'. with the terr;-i::: and conditio1"i:~ as contained in th~ Ar=eern2nt set forth b2low: . ' TELEVI:,IC•l~ CABLE l'RANCHISE Agreement made this day ::if , 1977, by and between tbe CITY or~ ITHACi\, a fil!_mic:i.pal c:orpor;,tion duJ y organized and existing under and by virtu:'.! of the laws of the State of ~ew York, p~~ty of the first part, Gr~ntor, nnd CERACCHE TELEVISI0'1 co;,I'OI,ATTC.i:J, i.1 <lome:,tic c,0 rporation duly organized lll<<ler and by virtue of the laws of the St~te of New York, having its principal place of business at 519 West State Street~ Ithaca, New York, party of the second part, Gr2ntEe. WITNESSETH: That in consideration of the promises and covenants hereinafter made, the parties agree a~ follows: 1. Ceracche Television Corporation, of 519 West State, Ithaca, New York, here- inafter referred to as grante2 is hert>by grant.?d and invested with tbe right and authority to construct. erect, operate and maintain buildings, machinery, and apparatus within the city liffiits of the City of Ithaca, as it now is, and as it hereafter may be constitutsd by revisior, modification, or addition, and which said buildiW',S, 1:1ac}1in\iry, apparatus rn:1y or shall become necesc:ary in the transmission of television prograus, an~ di.strib,1tion and sale of television or radio programs for the use of the citize112 of the City of Ithaca, said rights hereby granted to he non-excl,1sivc. The City has approved the legal. character, financ:ial, tedmical and other qualific:atic,r.n of r.::;1c C:rantee Lmd the ac'iequacy and feasibility of its constructioa arrangements as part of a full public proceeding affording due process. 2. Grantee shall have th2 right, further, to erect, place, operate, repair and maintain poles, wires, trans2ission lines, distribuciou lines, 211d service lines in and·ovrar and the right to use, a]l public avenues, streets, alleys, grounds, and places in the city, and ,d.ttin it;:; present lj_m:i_t or as it here·- after may be extended, for the purpose oi furn:.i,1d.~,g the City of Ithaca and its inhabitants with television or radio service, provided always, that st1ch poles, wires, ttarismission ljn2s, d:ls tj~ibution lines, a:-icl c.;e.rv:!.cc lines shall not interfere with. nor obstruct, the necessary or proper use of said streets, avenues, alleys, public grcnmds or pJ ace3. 3. Grantee shall have tl1e right and perm:iss:i.on of the· City cf Ithaca to u:~e existing poles, wires, transmission lines and ::,,~rvice lines nc,r erected aud :in existence, and owned, coPtrollcd or CJper.1ted by the New York 'i'eleµhone CompGny or N~w York State Electric and Gas Corporation within th? City of Ithaca, upon the conditic,,1 that j_t sLalJ fjrst obtain the writ:tcn permission of the New Yc·rk Telephone Cor.11):my er New York 3tatc-Electr ~c an/ Gas Corporation respectiv~ly for such uses. 4. G}~autce shall be perr:lit ted tc, ex,:c,id its 11olcs, viref;, tnm~:r:.ission l:ines, distribution lines and service line, and to give service to the City of Ithacn and to its inhabitants in ac:conl:,nce w1_Lh :~he z,ccnis.'-~Jcn, ·:ules, rer,u1atjons and statutes as che sa~e nay be amended frcm ti~c co tiDc, of the Public Service Comrniss::Lon, Federal Cu,'.lrr:u:,ic:-it:i.on,; Co;-.tni,;sion, and other regulatory bodies of the State of New Yn1·~: and 81 th~, lllli.tcd St::t0 s o( :\rncr.i.ca ai.d suhjcct at al:!_ times to the npplicabJ.e 1 :n•:•; of the S:.:::itc of: t-7ew York and of tlif: Lil::_ ted States of America. V 5. Grantee is hereby crupowcred, and subj t~r: L always to the oppro,:al, j_f necessary, of the Public Scrviu:, Co:,J~ 1.s~:ion cf t.he :;tatc of New York or other applicable State Commission, anJ Lhe Federal Communications Commission, to use proper practices, and proccJ~res withlr1 the spirit of this franchise and appropriate to the service witbi11 th2 geo6rapl~ic.:::.l limits of this franchise. 6. Grantee. upon execution of this franchise a~reement, shall, if required be allm,·ed to prccecd to petition t:;·1e ?ublic Sc,i.vi.ce Conrnission of the St.ate of New York or other applicable Si.•:,te Com.nis,3ion and Federal Comr:mnications Conm:ilssion for any approval required to be had in the premises, and upon sud1 approval, he shall notify the :-ra.yor of the City of Ithaca in ,;,rriting. 7. No poles are to erected upon the public streets1 alleys, avenues and public grounds and no ex2avation of any type s~all be done or caused to be done unless permission in writing J.s first obtained from the Department of Public Works of the City of Ithaca, New York. i 8. In the event that a chang2 is made in the grade of p~1blic street, alleys, avenues and grounds by authority of the City, which shall necessitate the removal of any po Jes, wires, transr.1issio,1 lines, and distributior, l:i nes, to confoff_1 to the change of grade:, Grantee c:11211 1'12cke the necessary changc!S in its lines, at its own ex?enses, upon due notice from the Board of Public Works of the City to do so. 9. All wor1~ in any ·,;.r~•.y nece.s!c:itated by the ln!sine~:;s c,f the Gran.tee whi.ch rnJy involve th.2 opening, br~':,1ki:1~ or teari ::.g ,..1i, of a pc.: ti.on of a :-;t:1·eet, sidc1,:1JJ: or other part of 2nJ City-m~1ed or City-controlled property shall be done bv the City ;:.it the e:--pen,.;e. of the Grantee. Grantee shnll save and keep t.Le City h:::nnless cJf:;3.insL .<:11 lo:c:s or <L:rn.::i.ge to person or propt,:rty caused by riY~ constructicn:i., Jt1y·ing n:.8intr!rtance or opcra.tion of a11y of i.ts lines or other undertaking under the. a.uthcrity .:,i: this frnnch:i.s~ .. 10. a) During the term cf this franchise, Grantee sha]l furnish to all persons desiring the service of.Ecced, and paying for the same, a ·wire scr\'ice c;,pablc~ of prodt1cJ11g as good a qurtl:i ty of teJ.e·vic>ion pie turQ. signal or reccptior1 as rEay be prac:ticaJ fro:,1 t:i_me t;) tir::::c, and st·,;<LL rr.akc, 211 re,,sonable a!,d prar:ticar;Je betterments or imprc,0:E:.TiiC',1ts of said s:,rvj_ce as imprc,vr.:'ments in thE. sc·ience of carrying of television signa..Ls shaJ_l warr::-tl't, as \-:ell as in the clirnin·,.tio:1 of radio interference. b) The Grantee shall cert:i. Fy to th,~ City and provide suc:h required doe:.umentation to prove' that it Ls in fact meeting the minimD1 technica.1 standards required by the reder:d_ Con.,mnicat:Jons CoLmd.ssion a:1d the New Yorl,. State Comrr:ission on Cable, 'i'elc·vis:ir.m. S:-li.d cc,r-;-,i_ric·c;:.5..c,:-, and uocuc,cnt:1t:ion will be provided as may he requested by the City. If in the belief of the City the ruin:i.Du;,, techn:Lcal stctn~21:"ds .,~,:L' not ixjng p:,"ct, _or if ti1c Cr:1nt;c . shall fail tu provide. such certifJ.c.:1t1c-:, and cloc11:112nt:1tion as rcr,·nred ncrein, then the City rx1y, at its sol,2 oµtl.cn, ei:1plov tlic secvicc:~ of the :•lt.,\·l York State Commissjon on Cable Television cngi~cerinz van to make ccrtific2tion checks within tt,0. City. The Cr:-m1~ec .:1.grecs to such vcrificaticm c.l::.'.ck~, at , the discretion of t!1e Slate Cable C01:w,_i_ssi.on (s\,c,t;.ld they be req_uircrl by ---..\,,t the City). c) Service shall be defined to include the providing of cable service to subscribers' h0mes and bus irW']',:r:s in the City thi:-0111:h the use of cable ard necessary in[,trrn1,ents. Furt:hr>r :.;ervice Ph·d.J. include the progra:u services 1·>rovicicd by Ceracche such ,,_s cver-th,.c!-air ·1iroadc2.sc pir:l:ures, pay television programs and local originatic~, Additional services sliould be provided only aZter s·ecuring City approval~ if Ln1fully re:quire'..l Ly the State C::i.ble Co:11,:iission. It· is understood that litigation is pcc~ing in the U.S. District Court in the Nort11ern Distric~ of i'lc1,1 York concc:r11L:.g Ll-.c~ State Com1aission 1 s juris- diction to rcgul.:1te aux:i liary services. 11. This franchise does not: :in 2ny r:,.J.n:1c1· grant to the Gr ante~., h:i s successo::s or assigns, the exclusive rizht to the ~ile aild service of television sets, accessories, or converters witl1in the City of Ithaca, and it is expressly understood that the right to sell such sets or accessories or convertors is reserved to any and all legitimate dealers. By Acceptance cf this franch~se, the Grantee, his successors and assigns shall be deemed to have accepted the following conditions: (a) /my persons, individe.:il or corporation may purchase television sets from any source without any liaLility to the holder of the franchise here.in granted. (b) The hoJ.der of this franchise shall be required to permit any individual or corporation to have access to tl1c services of the holder of this franchise, subject only t0 the payment 0£ regul2r installation fee and monthly charges which are l:.e.r eby cs tablishcd as follo.-7s: (1) Res:ide:-itial or Corr,nc,rcial estabJ.ishT!Jents '. M.a.xirm.1;,1 charges: First i11~;taJ.1atjcn char[/:" -$20. 00. Each addi.timial :insta11at:•_nr: - $10.00. Rental for first instalJ2tion -$5.50 per month, basic cable s2rvice il,cluding 20 cha1mels ($5. 50/r,ontu, co1:v21~tor 2upplied by s11bscr:L'.Jcr, ~?,i. SOi month, convcrtor rented fros Grantee). AJditicnal rental charge for each extra set at the Sic,me est.cibii shi:1°?111:: Rcside,1t.al: no change ,.;j__\ 1 be made in the present charge of SO cents ;nonth1y for additional hookups to tl,0. san1 e suhscrii)er at the same address Lhat ,:ere in operad.on a:-.,; of Harcb 1, 197.5, suc;1 additional hookups to be billed ot the price of $1.00 monthly per additional hookup installed after ~~rch 1, 1975. C~m2erc1al: $1.00 per month per set. (2) Suspended service: No char~e for rental charge ,1hile <liscon,tected. Ikcc;rncc ti;,g cliarge: disconnecting and no $5.00. (3) Th2 user shall },ave tbe privilege of seJling and trans- ferring the service once only to a different party at a different address for a $10~00 transfer charge, ~!1erc the service is avail2ble at the time. (/1) Chs.r:.p:ing 1oc;;,tior: of -::-1bl,::;: $5.00 for moving to another loc,,,tion :in same room or [or muvj_ng to a i:'iiiferent room in same apart:;:,ent or 11.vi.n::; quarters. (5) Any user \-,'ho h,1s 1,n:id t:bc. .regular cstnbli.sh0cl r,,,~dder:ti'.'.l installation fee and r:1oves to ;rnot°nl'o" H''.,:: .Jenee. wi thj n the city '"'here the service is available r·,ay h.:.ve this s•,:rvL:f' trn•~:;fcrr(,d for ;} $10. 00 charge . . (6) Cable service na.y L-c: cl::scv.mcc r cd w::'-'n rc::t::,l or inst; .. ll- atior1 charge is si.:,~ty day~:; p.:1st !]\JC, If ~,cr··vicr~ is c~'Jt;~::;nr~,:~"ctl.~d be(·/1 usc oi nc~i1-~ payrncnt, a cha,:ge of S5. 50 is rnacie for re'.·onnec:ti.on afte-;:· pai;t-,lue .:-.c;~ou.nc is ;>aid. (7) Installation r !:::y ;:,e d .i :.c0nncct!d if u ~';er al:temr,U; t.o r;,.~1 more than one set at one tir.,e on .:.:.?:c h i1,s l:cilI.:!tion, or pE!nnlts auyc;ne f~]':,C to do the sane; or ta~pers ,:i t:ii ti ,(: J.i1Le:s in any way. (8) Any increasP of the rn:i:<im1En charges 1:lu s t first b2 ap- proved hy the Con.,:on Council, a:ttc1· ,1 full p1bJic hearing affording due process. Such approvnl shall_ not be un:,:caso"1.abJ.y withheld., (9) All ins tnll:-1 t:.ioi-: ~md ,.~d1~r cha1·~eo, ir..cludi~ applicable federal, state and loi:.c\.J. t.:l::cs, if a-ay, except sales tax. (10) The Ci:::y c:per.if:i_cally reserves the right to conduct a subscriber or other rate investipation when it believes on the basis of financial data available to it that substantial changes in costs, revenues, or profits of r.he Grantee has occurred, and nay on the basis of SLICh i~vestigation, adjust the subscribers' rates or any other rates contained ln this agreecent. (c) Grantee of tills franchise shall not directly or indirectly reflect the co:;t of :i.nstallat:io:·,s in the price of 5ets sold by it. 12. If the trees in the City streets interfere ~•ith the erection of pol~s or the stringin; cf wires, or cables, in a ccord2ncc with t he terms of this fran- chise, Hritt,c:a per:,:-1:';,-:;:L-:m for ;:cr.:o\T:i.ng said trcc,J, er any pa1:t tLt~r:cof, n;_L~;t be obtained from the Dep2rtr2nt cf Public Works, for trees on City property and from the 9w-r1 2:·.~~, (:f pr.:i"\·c1te property . 1.3. In all stree t jns l a~la tions, t he cabl.e or wires eTcctcd shall, in. r(~sp e ct~;, con pJ.y wit .!1 ti.1e ?rovJ .. ;io!J'3 0i t • r • t ' t f--~lX .<:r:.sio:, Oi~ ,v~res t.lc .. r.os.s • ne s -~ree t s, Electrical Code of t he City cf It1HH>L D .11 cxii,tin:; Cod,;:'.s pe1 ta:in:i:-cg to the t11,-.d all apf)lic<t.blc p ·ro·Ji.sic\~.1.r~~ of the Co2xiol cable shall be used to carry the television signRl thrm1shout the street inst~llations . Mes s enger cable shall be used to c ~rry the co~xial cable acroGs the strRcts . l!:. The hold·~r of t!·1is francb:i.se sh.:111, ;;1.t all t:imcs~ keep in effect the following types of jnsurance co~Praee: (1) Workmen's Co,,;pe~,s .2.t:i.on u 1:on iu; employees eng;iged :in any_ ro.".l.nner in the i1H,talLttion or s ervicing of its p},1nt an,1 its eq'l.:ipr.:.eat with:i.n the City of Ithaca. (~) Pul--1. Ir'. L:i.:-:LLLi ty Tn~,urm1.ce. in a total ovcr-~ll ;nr1ount of r,ot lees than $50,000.00 insurinf the hold2r of this francl1ise and the City of Ithaca against liDb:i.U.cy io-r. pnwcrty d.:1:,1;:•;;t:,, and $100,000.00 to $300, CiOO. UO for pcrsonol ~nJury a~ death b)' rc2son of the install~tio~. servicinc or operation of its pl2nt anJ e4ui~ment or install~tions within tl1e City of lth~ca. 15. The t r-rm of tlJL: f-r:1,:c hisc sLall l•c '..:f:>!1 (10) y0ars froi.i tlh: effective: d.:tt~ hereof. The fr.-:nchi.~;c :· .. :,-,; b-:, auLo::,at i ,::11.~.y r ene:>'2d at the opL.on of the GranL2e for a11 add:.:.ti(">11.--:a l F t-~·ti_~~d l~xtenrt:i.n g ro t -f_ny 1, l.~)~1 J.., t.1n:!_c:;s af tc1.· Lt:'I1 (:·t,.: of tlt(~ per f orl:1J r~c e: uf t ~ it.! Gr a 1 i ~:er_:? G; ·;:tr: t.u r 3 hal. l d ~-} t c•_r r.1 i. n ,J t h~1 t sa iL1 p e. r £ o t~i :: --!. n Cf.~ h3s been Jnad2qi.1ut~" :In F;li,:.~h c::,_,~~e t l~1..~ Cr·c.1nt.ar ;·:1~:1y:;, upcn. one (1) rJont.h's \./1:·J L't:(~r .. T\Ot".Jce to tl1c G1:a.ntr..:iQ J tcr:::·'..nat.c~ t !1·;_,.:-~ f-r.·r~n.c!1i.::~e ar;rcc~1e11:.= ::t the er1d of th,,.: initial ten-~ye~1..: .. tc~z:·:nl! li()\:-c~ve·1.~ 1 t:·lI :; fr:;nch=Lse ::nay f,c revo:'-c~d in the event: the grantc'C: s1rn11. f.1.il tc, cnmply ·,:ilb the terms and conditions herein set forth within sb:ty <lays 2fter written notice of ::;uch failure has been received by --, the g:r2nt:.,e. .- 16. This franchise is personal to thA grantee, and may be transferred only on application to and approval by the CoLTillOn Council of the City of Ithac3.. !,o permit or grant of similar privileges and y:owers a!c; are covered l.iy this franchise sL.:111 bt~ allowed during the pe:r·iod hereof except upon a f:n:mchise appl:Led for an approved by the Conwwn Cou;1eil. 17. The Grantee shall pay to the City Cha?bcrlain annually a sum equal to three per ce11tum (3%) of its gross revenues from its cahle service operations within the City, s2id gross reven~1es to i.ncludc. the "basic" charges a;1d rentals as scL forth in paragraph No. 11 liereinabove and the charges and rentals as set fcn_·th in paragraph ;;o. 31 hereinbelow. The City may incre::,se the per centum sum in the first sentence of this paragraph as permitted by law or rer;ulations of the Federal Coci'.nunications ConLTission or New York State Cable Commission. Such fees shall be and constitute a lien upon the property of: the Grantee within the City prier and superior to all other debts, obligations, taxes, mortga~es, or liens of whatsoever nature regardless of the time of the creation tl1ereof, excepting hcrctrom any prior liens on the New York State Cable. Cor:1nLLssio11. }'o.il111"e to r:ial-:_e tL_e reqt1ired rey.)ort 01· l)ay s1-.h~l1 franc}1ise fee~~ st1al.l bt~ crollihl~~ for :-_ .. e:",.rocat ion o~--this frs.nc:1;. i se. 18. Any ccntinuou,; 2.nd 0.,ri] lful violatioa of .-,ny section or provision of this franchise shall be gyou:1ds for cancellation of the franchise, after due notice and public L1'-\ar.ing, The right is reserved to the Grantee to prosecute in any Court or 0ther~i~e, any stealing, pirating or unlawful uses of th2 services covered by t~js iran~hise. 19. Ii ;.:ny :~cct::.cn o:'. this frarcc:hise a 6i:eeDent or any ciause or any pi-.rasc thci:cJf s'.!.'.':l:i be he1:l to L·? uncort.c;titut:i.oL.J.l or vo:i.:l, a.11 other portions r..Gt so hc.ld t;ha.1.1 be a!1d remain in full force and effc·ct. 20. The C1ty recog11izes that Grantee has already constructed its syst0~ sub- stan'..:::.alJ.y t1irot,ghout th':, entire. City. Grzmtec shall continue to pr .. w:ide .sur.11 se~v5cc throughout the duration of the franchis0~ pursuant to thi.s fr2Pchise. 21. Graatee shall construct its cable syslec using materials of good and rlur;,0le quality ar:cl aJl work in,.ro1·,•e<l ln con~0 trucdcn,, jnstallat:Lon, m..-1inte,-,c1nc.e, aeJ rey1a:1.r ot tJ-12 cable systt::.lJJ. s'l';.all be perfu-r-n:2\l i.11 a sc:i . .f.e, thorough a11d re1i.ab1e: manner. 22. The Grnntur and the Grur1tee have adopted procedures for the investigaLion and res0J.11tioa of all comp'.ai.:-,ts r,'r;ard:;n11. uiblc '.:eJ_e,,iston orcrations. Tt'·C Grantee shall ~aintaia a,lvcal husin2ss of£ice or ag~nt for these purposss. cornpJ ain·::s D:_;a.ll first be f_or~ .. :r;::r,Jed to the Grante.:-~ v.T£10 shal.1 i:1aintai11 <:1 los of each co2:~~\.-'ci:,t, the: cL1te it i.',1S uadc, the nnr:1e of the cor:1plain.:i:-1t~ t!Je rec-:oluU.on thereof, end th2 date of the resolution. Grv.r,t.-~1'. wJ.::l..,-in o,H! (1) '>•Jeck aft.er n,ceipt /,J_J. co:1:pl::11.nts not re:,olvcd by the sh;-tll be fop,;a .:dcd to the Gr.antc•r for rev .. i <?\•:. ~~'li.c· ;,J~:!.) __ ·o-r.-o t t I1e Ci t~•l G f 1 t ha c.a c~ r ;1 is d cs~;_ -~·:11(~ e or des i1; :."1 :1 t ed r:1:J~::T!i t t cc h:1s prj_·;.,;ry ,er.ponsiki.l:lt.y for the contini.,i.nf: a,l;·:1L1:i_c:,tration of thC' fr~nchise nnd ir.-tp} e.r1:~~ ~1 t.'J. t :ic 11 '-' f co;·;·,1_i .l{Jj n. t r:,rn cc cl urcs. t~o L i .. c c of the pr oc cc.l11 re r; fur -~~ report::hig :ind r,:r;olvi•,g ccmpla.i'1ts ,rill be given to each subscribc,r ot the tin::e of initial subscription to the cable syst0ru and at intervals thereafter of not more th:-in one year. Such notice m;:iy be ,,,rittcn er by su.ch other means as the New York State Commission on Ca.ol.e Telcvi:,ior: rnr,y approve upon application by Grantee. 23. Grantee shall not abandon any service or portion thereof without the written consent of the City. 24. Any City or-private property <ldr:ngec.l er destroyed shall be promptly repaired or replaced by Gr~ntcc and resto~~d ~o serviceable condition. 25. Grantee shall not refuse to hire or c~ploy, nor bar or discl1arge from employment, Por discrimi~a t,2 against any 1-10rson iH cor:1pen::,ation ')r in terms, conditions, or priv.ileges of er:iploynent because of age, race, creed, color, national origin or sex. 26. The City reserves the right to adopt, in ,,ddi t.:!on to the. provi.sic:,1;s contained in the franchise and existing applicable ordin~nccs, such adctitio11al regulations as it shall find necessary in th2 exercise of its police power; })rovi.de.d, ho\,)C'Ver, th.:1-t s1JL:h regu}_c:1 t ions ti.rt: T.ea.so:1.0. !)le. n;.1.d not r,)_a terially in conflict with tl,e privileges gr::mted in the franchise. 27. The City reserves the right to inso2ct alJ pertinent books, records, m~ps, plans, financial statcmc.1ts, and other like ru3tcria]s of che franchisee, up~n rensonn.ble r1oticc and dt1rir.g norrnal business !,ours. 28. This franchise is in compliance with the franchise standards of tl1e New YorI~~ St;;.~te Cor:::nissiot1 011 ca·~)lc Te.lcvis5.on ;1nd t}1e pro\.rJsions 112:reoi a·cc subject to the approval of said CorDission. 29. n) Within thirty days of the receipt of fin2J operating authority, Grantee shall post r:cc.uri.ty with the City in the ;:,rc1oant of ~:.5, 000 in the form of a letter of credit or suc.h un:lc:ctaking a~1 r:1;:_y be acccpt . .:::ri..:..e :i.n form to the City Attorney. b) Said security sholl be forfeit to the ~xtcnt specified ty the City Council if the Grantee fails to t;ul.:,.,;tantialJ.y co,cply with the cor,:,;truct:i.on schedule herein specified er if the C:·antee c.o;,njtc' a 11c:1t:er:ic1l b1-eacli o.f ~my of the terms and conditions hen:,in prescr:ib,:rl. .,s an alternative, the City Council may urd.1ater.ally sh:.rten er dee u 1:,e th.::. tcs;·n of this franchise ::.f it shall f:i.nd that the Grar tee L::-,s •~1"'.t:::1:i:,lly bn:,:::;c.lic•d any of the terms of this franchise agrc:ernent. c) The Grantee shall be cnti 1..lcd t,. nDt::.Lcc .:::ud hearing before the City Council prior to any forfciL~•ire ot· decrc~;::c in the t:c:::m of this frnnch:i.se. d) No forfcitur2 shall be imposed for faiJ.urcs beyond the rcaso~2hle control of the Gr,:rntcc. e) 111 the event of forfeiture o-: p.::rt or al 1 of the :ir'.itial sec,1d.tv, the:: Gr;:intce shall within thirtv clay~; th,reaf;:,•i-post addition:11 security so th,1t the total aD □unt of security posted equals ts,ooo. 30. Gr::ntce r;h,d.l file reqi:csts fer all nC:ce:;s:.,ry opcrat:i.ng ,::u!.l,odzation '.,it:1 the City of Ithaca, Co:,1:,1L.:;,;c;:1 un Cable Tc 1.cvJ.:·;ton, and the J:\;dt.'r,11 Cc:;::111uic:. l~c, Co1,1r,,iss.it.·n within 60 <l,.,Js irorn tne da1:c this smendnent is gr~mted. /-"") 31. The. Cj_ty has approved, p~1r:,u/1nt to a pnb1ic hearing helci after public I notice, the following rates: I ~ (a) A charge of $6. nn per r:1onth per television receiver ;Jay be macie for subscription o:r pay cable prograrwning, i.e., Horac Box Office. (by A '"2"'1.,711.., charge cf: $2. 00 ;H~r month per television receiver m;1y he n1.1c1e far tr12 rro-v~tsj_o11 11>' Gr-a:1tce 0£ a con·,.lcrtcr for the reception of either subscrip'.::ion or p;:iy cable 1-J).ogr:.,:,1:iinz; or the Y.eception of additional broadcast channels that m:.cy be: received only ·with such col1'-1c.rtor. (c) The charges autt,ur:L2.ecl in thi~; Section are optional and no subscriber may be required to receive either of these services as a condition to recei~ing the baaic cable service. 32. Publ:ic Access (a) The Cerc1cche Television Corporation shall provide one full scpar;:1.te. ~;ingle. cb.ann-:~:J for public access pror:ra.:!1r:1ing on a rlcr1and basis up to ,1nd includin,::; an amo:_,,;t of ti1;1e equal to tho duplicated portion of a parU.c:ul::,:r ch::rnnel. (b) Thin s:u,g.1.e charn,cl slrnll rH'. 1::i::-a Les.i between c.harn1el 2 and 12 subjeet to ::~pproc_r;i\ by th:~ Fedc.rcjJ_ Coi1r7ur1j_c2~.io:Js Co:-:-~=-:-tis~~ion; if sucl-'i appro"c..;,:::.1 (c) Acc,?ss to the. scpaT,\te c112;-1;:1cl shall be, provided on a fir.st-., come, first-served basis within th2 following priorities: (1) I~oc,;ii live prog1~an1.m:1 .. ~1g access (2) Public acc0ss (3) Ed~cation access (/t) Gove ,--r1men t ;1.cces s (d) Users of tli2 Public :\cc:C'.SS d,Dr;ne} slialJ reserve thcd r time at least one and no more than fcur weets iu advance of their desired broad- (·ast time; t:h:is provi:,:ion L::-:1y be ,,aivP.d in a p:,rticuJar case by Cerucche Television Corporation in its sole discretion. actual c.:.·,.,.;t of . ~ ~ , o;crating tne stcn10. ({) The a2ministration of public access Lro~dcasting shall remain ~·itl1 the Ct.·.racche r.fele\Iision. Cor::,c:1rat:i.on. (g) 'lb,: City Cable Co:cr,Sf:,;ion shal] act as the Cornmcn Cc~rn.c:il agent ia re~olv:[ng c':ispuu,:.; h,)n:ecn the CL·t:1cche Tc:Jevi.;_;i.on Corporation rn1d pul)lic .-1cct.~!:;s ust~:rs in. the C:i. t:1 c,f I thc'i.ca .. (h) Video Lq:0.; to 1,c E,no·.:n en the public access ch:,rnn81 --shall be delivered to the studio ~t J.uast two working days in advacce of airing. (i) All access bro~0cas~s shall conform to all applicable Federal Co::ar~un:i.cations Corm.:1issi.on ,1nd SL~::..t~ r, __ , ..,. t..J--·:iU..1..'2. resulations. prior franchises heretofore given by ~he City to the Grantee. The Grantee sha]l also be req~ir0d tu its ~nnual financial state- ID~_::nts" UlliforT:1 (,~!.blc Co:._:-:.r::issicn .f i ;-1ar1cia1 rc'})Crts, a11d Stat.e <-ir1d F,:1.cic.1.-21 Incor;,c.:. Tax Returns and :,n:/ o~hcr rea:-;0,1:ible financial inforn:ation requested, to the Crn~mon Council annually n~ soon thereafter as they may he available. The City may re~uest advice and a~alysis with regard to said fina~cial docw~ents etc., frcn the State C.:::.b.le Comr_,:I_:;s:ion and outside accountants if it deem:, necessary, ard receive and co1rnide:r the results therefrom, before an.y rate increase hereunder shall be grantod. 35. T~e value of this franchise at the end of the tern shall be zero. 36. I·n the~ C.\rcnt t11e GrDr1tor ;._~n11c}~e,; ac1Jitio~·:..a1 lc1r1d c~re~.s ir1 -~he future, ·ci'ien all of the c.ond it ion~: of this f:.~z,nchi~_:e ~:l·-~·111 C!J·pJ. y to the 2n!":.c~=~ccl rr.cea. Ir1 the £\:-c.1;t tl1.2t the ne1\·i• J_a~_1J n~rc::! ~:~o nnnexe.cl 5s not \~'j_recl by the Gi:-antc:e for tJ-1t? .~::t.~·t,.ric~es sc:.t. fc ch here:.,~1-, the:r1 a. cc.:ristr,Jctic;n .~--;cl1cdule sha1 ·1 b~ r1cgotic1tt>.l L:~~t\-jecn the C:-.:1:r1t~~r z.tn.d t.118 Gr.3111.>~_:c \·/~~tb-'.n o:.:1e ye,or~ er -~-,i'1e City mcy, at its option, impose 8ny of the p2~alty provisic~s ccu~zincrl 11erci.11 as J..f tl'"ie Crantc~c 11.ad rnai:.,~;~~ _i __ ::-r.11)7 brec:.1.chc.J. ;~11y tcrr,1 or rro .. v _Lc;5.nr1 oi: this f1-:t.~r:1.c;"1isc agrc~eu·.c.:r1t" IN Hr.:..-1:ESS rnn::r~ECI, we lnvc here.unto sc,c: our hr:nc1 s and sen.ls the: d;;.y and year first above written. CITY OF ITlL\CA BY: ----------------------------.f-iayor CEiZACCHE TELEVISIO:T CORJ'ORATION LY: I 1 'r,:-:-le·vision Cable )/rancbisc t'...grcci_-:--:11...:c.t 01, bt?hc:1.:.~(~ c•f thr;-City of J.tL:1.c:a 211,.=l 'ti.( SECTION 3. EFFECTIVE DA~E This Local L2.w s}wJ J ta>.e effect :Lr.mcdJ,,tely after fJ.1in~.; in the office .. S1'1~1'I~ OF NE~,i .. fCI\.K ) cou->i'J../ OF ]"O:•t?1(I1·~S ) ss: ClTr OF lTllM'.A ) Ech:m:c: J. d'-~Y of Con.Ley, '.;ho, 1977, i .. s }Ja::-7or of th'2 CT.TY OF 1·J.'1L\Cn, Lhc: t.~orpo;·,~ :~~.f)n described in ancl \'7hicl·1 c}recuted the forcgoin[~ :L:-i::~t.11..: L~\ll; :.L:it !~:--1:.:1GY•·1s the ~;eal of said corporation; tl1al the seal thereto ~4'f:::j>:i:t1 i~:-r·t1ci1 corr,01·;_:~t(•. se.::1.l.; thc..t it v;aE;; aff:L:-:eti by or.Jcr of the Com:1on Council o,: u;c. City cC Jtbaca; and tlnt he signed lds n;::me the~eto by like order. Notary Public STATE O:F NLW YORX. ) COUNii OF 'Hl:'.L2KL'iS ) CITY CT l'.LLiCA ) d:::y of the subscriber, personally app02rcd r1e: d is tr~?::: ~L(t[:i.1 L c_f c·1"Itt :~_'C1iE '.i'f'..t.r·.~7 ~:_·:-:;IC~: COJ.(?O~:}; J~ (:·:·,: :i t 1, :;.;. co :cpc:r 2, t ion d c~s er i_ b~:d i.11 :;~:1.d ,~·1:J .. ch ::-:<(~.cutc-d. t-dl~ s.·r;~,~c_~ in.st:::\1:_~i~~"11t:. t.l·:r~t he 1-:r~o·;;-Ys t:-:;_~ :::cal of 0£~>i->~C~~1 ir1 r:uch_ corpor.:::tc~ ~:;E~al~ tl-::..1.t Di~ ~~ors of said cor~oration~ and Not:.:n:y fub1:Lc \ \ I ' U -- SC"tii1DU1.E OF ASSESIDifilITS ff. ~Im:0:R 6 CliZllY ST't>..ZETS CtJR!. & G:Jttat. 1976 CONSTP..UC'l'IOU Total Coat of Curb and Qi.ittar Couat~uctiou Total 'Length of Corb and GuttQ C-.c-n,itnu:.U.o~ t:nic Cost Acaae■111111.t Unit Co•t SOI -OWt!lr & Lcut:lcn per Tu Boll ~27,828.08 3,41.6 ft. $ e.15/ft. $ 4.07/ft. Smith, Harold JI. Harold M. Sclth P.O. Boz 444 Ithka, !i.Y. $ 32.5.60 720 W. Clinton Stra.t Nato• floral btateD Kata■ norcu B&totes lQll lloctor Str1tet . ltbc•, N. T. -• 719 W. Clintcn St~~(lt .1'reo1ae., !-earth& L. & B. W8ll11co -i;irtha t. FrMd&.a 6 B. ildlaca ~l0.5 Chtarry St,r.nt 1.t~a, N.Y. D.oh&l&U, Inc. ;lk,hftl.-.aa, Inc. 802 W. SGDCca Stro11t lthGC:ll, R.T. 735 w. Cl:blton S~X'Mt ~alou, Inc. Aimelou, Inc. nti W. Clinto:i £trot lthcca., N.'f. 726 w. Cl:i.ntoa StrMt Wol,;k,1, hn:lU'd hn&ltd ~olot.1 l _27 Ctleny Straet ltuc,a, N.Y., 121 Charry Stre~t Glllc$1>1G, Johxl R. S. Joma. s. GUlllepi& 108 BJ•r= Streat lt~ea, H.Y. !02 ChQny S~:~t Jn'1-~, a. L. $•·a. Wal.l.$ea -~•~tba Laca l'reu:cf,?:.n P,O b_~ton F.oed .ttlac-., N. Y. 1_30 ebony StrA~t Lo11Am;1, Inc. 73-3-2 16-1-12 78-1-1,1 1c-1-1.2 76-1-1.2 73-1-10 7S-l-ll 77-4-2 1391 soo• s1• 294'' 192' :t9l' 565.73 1,221.00 231.~9 _Ll.96.i.§. 2,649.57 761.44 2,035.00 1,192.51 SC"ilin>ULE OF ASSES3HfilfrS u. CL!NTOli ' CliZllY s·rp..z:crs CUD ' Gt!tta 1976 CONSTP..U~Ion Total Coat of Curb and Qitt•r Conetnu:tion. To!:al t.eng::b of Ctrrb and Guttu (".('n,itruct1.o~ t:nic Cost Acaas■acrmt Unit Coat SO% -Own~r & Louticn per Tu Boll ~27,828.08 3,4l6 f.t. $ 2.15/ft. $ 4.07/ft. Smith, Harold 11. Harold M. Seith P.O. Boz 444 Ithaca, li.Y. $ 325.60 720 w. Clinton Straot Nato• Floral btataa Katoa nort.l Bstctes lQll Doctor Stir:rtet Ith.tic•, N.Y. • 719 W. Clinton Stx-•~t .. 1'Jr~1wm11 krtha L. lt B. Wallcco j~·rtb.a t. fr•&ml i H. ilal.laca .l,,05 Ch.$rry StJr.Ht ~t~~a, N.Y. • D.oh&lllU, Inc. ~~•.:.ta, Inc. 802 W. Smicca Strost lthGc_ll, H. Y. 735 W. Clinton S~~Mt ~al.ou, Inc. Amu.,~ou, Iuc. nt: W. Clinton Strut • 1thse&., N.1'. 726 W. ClintO!l StrMC Wo1Q1',1, hnw:d hnu.~d Wol"t..1 li7 C~uy StrMt J~hac.a, N.Y., l.27 Charry Stre~t G!ll=spio, Johxl R. S. Jam TA.. S. GU1~apit1 108 BJ•r= Streat lth.-~a, H.Y. io2 ChGr◄ry si:a&t tro~¢et.m, Jl. L. $ 1. a. Wallsca -~~tba Lao l"rciu~d,?:.n µo ~~ton F.:)acl .ttlu:c._, N. Y. 1_30 .chclny Stroot Louam;i, Inc. 73-3-2 76-1-12 78-1-1,1 78-3-1 7C-l-1.2 76-1-1.2 73 ... 1-10 7$-l-ll 77-4-2 139' 300' 57' 294'' 192' 100' l9l' 565.73 1,221 .. 00 231.99 bl96.2J! 2,649.51 761.44 244.20 l.~2.80 407.00 2,035.00 1.192.Sl Regular Meeting PRESENT: Mayor -Conley C(llt.{)N COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 p.m. April 6, 1977 Aldennen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery a:rHERS PRESENT: City Attorney -Shapiro Asst. to Supt. -Dougherty 263: i...-Director, Planning & Development -Van Cort Building Connnissioner -Hoard Ln Ln 0 <C <C <C i ! L. Chief of Police -Herson City Engineer -Cox City Clerk -Rmdle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Boothroyd: Seconded by Aldennarr Slattery RESOLVED, That the Minutes of the March 2 meeting be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS TO THE AGENDA: Charter & Ordinance Connnittee Aidennan Nichols requested permission to add a statement concerning the New York State Environmental Quality Review Act, upon which action must be taken on or before April 1, and report back that a local law is being prepared concerning dealings with this subject. No Council menlber objected. Budget & Administration Connnittee Aldennan Gutenberger requested permission to add an item concerning the Youth Bureau, and more specifically their Youth Development Program and Youth Workers Program. In addition, he requested permission to remove Item R-Hiring ~1oratoritDn from the agenda as it appears the resolution would cause some grave problems and concerns in some areas; therefore the connnittee would like to take another look at it before coming back to Comcil with a final reconnnendation. No Comcil member objected. ~fayor Conley . Mayor Conley reported that as a result of a staff meeting today, Chief of Police Herson would like to meet with the Budget & Administration Connnittee, at a break in tonight's meeting, to discuss motor vehicle equipment. Mayor Conley also requested that resolutions on the agenda, brought back from the New York Conference of Mayors and asking the mLmicipality's support, be removed or passed by this time because people from the Conference of Mayors had not met with appropriate connnittees as yet. No Cotmcil member objected. SPECIAL ORDER OF BUSINESS: ·Public Hearing ·..: Federal Revenue Sharing v Budo~t f. Acbnini c;trat.i on C:rnmni t:tee 264 -2-April 6, 1977 COMMUNICATIONS: ny Alu.errnan .::,iat:tery: beconded by Aldennan Gutenberger RESOLVED, That reading of letters which had been received by the Cmm.cil with the agenda be omitted. Discussion followed on the floor. Aldennan Slattery withdrew his resolution. City Clerk Rtn1dle presented the following comnrunications: Letters regarding Connnons Benefit Assessment A letter from Eamund V. I-bllenbeck, President, M.asonic Temple Corp., to the Hon. Edw~ J. Conley, Mayor, to the effect that the Masonic Lodge protests the Conmons District does not benefit that organization at all, and failing satisfaction of lmowing what benefits, if any, they have received or can expect to receive, and when, they will be left with no choice but to pursue appropriate legal action in order to properly conclude this matter. A letter from John J. and Beverly R. Schindo, 10 Sheraton Drive, to the Cotn1cil, pointing out that they are owners of property at 115 E. State Street, and stating that they are in full accord with Atty Edward King and their letter is to be considered a fonna.1 objection to the way in which the assessments were arrived at. Further, in the event their property is not equitably assessed, they will petition the courts for a full review of the same. Letters regarding the involvement of the City of Ithaca with electric utilities A letter from Louis K. Thaler, Thaler & Thaler, Attorneys and Cotm.selors , to the Hon. Edward J. Conley, Mayor, making several points in objection to the City of Ithaca getting involved with taking over the mtD1icipal power. A letter from William J. Waters, 428 Mitchell St., to Mayor Edward Conley, also voicing disapproval of the Feasibility Study of Public Power for Ithaca. A letter from Wendell L. Bryce, M.D., 916 N. Aurora St., to the City Clerk and Connno1 Cotm.cil, objecting to the Heal th Center, Jvhm.icipal Power and the Elmira l<oad project......., A letter from Vincent Giordano, President-Elect and Portfolio Officer of the Energy Task Force of the Tompkins County Chamber of Commerce, to Edward Conley, :Mayor and the Common CotD1cil, expressing opposition to the city's involvement with electric power. A letter from Vincent Giordano, Resident, Businessman and Taxpayer, City of Ithaca, to the Corranon Cotn1cil, expressing his persona.I objection to the city's involvement with electric power. A letter from Loretta Lucenti, 701 Mitchell Street, to Mayor Edward Conley, also expressing opposition to the city getting involved with utilities. A letter from Stanley and Louise Kordziel, 408 Warren Place, to the Mayor and members of the Ithaca Common Cot.mcil, also objecting to the City getting involved with the power authority. Letter from Fall Creek Civic Association re: Apartment Ordinance Letter with petition attached containing 17 signatures: "We support the proposed Apartment Inspection Ordinance. The requirement for a Certificate of Compliance, the higher fines for violations, and the more frequent inspections will improve the cnforce:irent of city regulations, and will rr.ake Ithaca a better place for all resident~ whether tenants or property owners." -3-April 6, 1977 265. As you may be aware, the Human Services Coalition has, as one of its major objectives, the reduction of "unnecessary duplications of service." For many reasons, this has been a difficult and controversial task, but one which we view as crucial to our success. We are currently attempting several approaches to the problem. One key criterion in our Review and Connnent process is "non-duplication of service," and some proposals are rejected on the basis of failure to meet this criterion. Also, we are t1ying to edu- cate everyone involved in human service progra.'TIIIling about the importance of non- duplication. Finally, we are trying to devise new methods of nnalyzing existing programs to pinpoint duplications and the potential for consolidation or elimination of dupli- cated services. LI am writing this letter to request clarification of the City's position on the issue of duplication, and the potential consolidation and/or eli.JI'~nation of certain services. How do you feel about these issues with respect to agencies and departments which you fund? Would you like the Coalition to spend a substantial amoLU1t of time analyzing the problem with respect to the agencies and departments you flllld? How should the Coalition treat the results of its investigations (i.e., private consultation with Council members, informal list of options made public, formal specific recommendations to Collllcil, etc.)? u,I would appreciate your thoughtful consideration of this issue. Thank you. U'1 Sincerely, 0 <(.Anne T. Jones,Chairman <(~ Services Coalition of Tompkins Collllty, Inc." <( Resolution By Aldennan Holman: Seconded by Alderman Boronkay RESOLVED, the letter be referred to the Human Services Committee of CoLU1cil. Parent Board of the Drop-In Center City Clerk Rlllldle read the following: i"Honorable Mayor Conley I City of Ithaca Wl08 E. Green Street Ithaca, New York Dear Mayor Conley: Carried Unanimously The Parent Board of the ~rop-In Center would like to thank you and the members of Common Collllcil for making it possible for us to continue our service to the families of Ithaca and Tompkins Col.Ult)' by providing us with space in the Greater Ithaca Activities Center. Our program is thriving and we are energetic and happy in our new, sunny location, which is so well oriented to the needs of yollllg children. We are most appreciative of your support and would welcome visits from interested members of the Collllcil and the connmmity. Very truly yours, Terry Michel Chaitwoman, Parent Board The Drop-In Center ~reater Ithaca Activities Center ;1 R N . A 1h:mv Srrppf- Kathy Rodgers Director ,...,., 266 -4-April 6, 1977 The Gtcater Ithaca Activities Center appreciates the total concern and interest given to the adoptjnn ::inrl snprcrt 0£ tt0 D:..-01-1-..u1 Center 1-'rogram. In allowing for greater access to tl-iis corrmuni ty facility as well as the downtmm business community has strengthened and enhanced the city's connnitment to servic-e the needs of its residents. Your time and support is truly appreciated. Respectfully, Dennis M. Byron Executive Director G. I.A.C. II :Municipal Power City Clerk Rundle read the following: '1March 17, 1977 Mayor Edward Conley Green Street Ithaca, N. Y. 14850 Dear Mr. Conley: - Some time ago I sent you a letter regarding the tmfortunate experience that the City of Cleveland had with mtmicipal power and now I am sending you an article on City Utilities which appeared in the Wall Street Joun1al on Wednesday, March 16, 1977. As far as I can tell, the only reason that Ithaca could possibly benefit from mtmicipal power would be if cheap hydroelectric power were available to it. I cannot believe that the state will be able to generate power from coal or nuclear energy more economically than the investor-owned utilities and it seems to me further- more that a mtmicipal power facility in Ithaca would have problems of management, political involvement, and financial controls similar to those outlined in this article. I think it is something to consider seriously before the city embarks on program which might prove costly ai7.d unforttmate. Sincerely yours, John W. Hirshfeld, M.D. enclosure Copy given to each Alderman and Mr. Rtmdle':' New York State Bicentennial Barge City Clerk Rundle read the following: 11~-1;.::vor Ec:lward Conley City Hall Ithaca, New York 14850 Dear Sir: We would like to confinn our interest in participating with an exJ1ibit iil the New York State Bicentennial Barge this surrnner if it is anchored here in Ithaca. As you know, the Children's Museum group is an organization of parents, teachers, artists, scientists and craftsmen formed to bring participatory, "hands-on" exhibit n:-_.,...__~ .(:-~ -•1~"""-.,...., ,,,_,:t -t=...,TY'l.;1.; ...... ~ 14.T'""' hr.~.n. .n'T"III""\ ,1' +" ..-...C" nl ..... 1-•C""1--....,, -n.n"'Y"rnn:,...,n + +,,,...; ~+· -5-April 6, 1977 R.S.V.P. Mayor Conley reported that several letters had been received from individuals and social service agencies in and around the county requesting funds to provide free bus transportation for counselors who work jn social service programs. It is a program where senior citizens are train~d as counselors and counsel people within 267 ~, this program. Mayor Conley said the attempt has been made to work out some system • to get passes for them on city buses and it becarne difficult from an administrative standpoint so the suggestion was made that they contact the Council and request them to appropriate money for this. He informed the Cm.m.cil that the matter will be handled at the adlrdnistrative level. PETITIONS AND H~I\RINGS OF PERSONS BEFORE COUNCIL: • Mr. Fred Schrannn, Conservation Officer of Tompkins County, appeared to request that action on Charter & Ordinance Cow.mittee Item A, Revision of Ithaca .Municipal Code Chapter 65 entitled, "Public Safety" -Ordinance drafted by City Attorney by unanimous request of the crnmnittee in order to control the trapping of animals within the City, be postponed until next session to give him the opportunity to meet with Chief of Police Herson and the corrnnittee to see if a compromise agreement can be worked out so that the proposed resolution is not passed. He feels it could cause problems. ,n Chief of Police Herson commented that he feels the proposed ordinance is more u, restrictive than it should be. LD O Mr. Douglas Barkec of the City Fire Dept., spoke to the issue, sayjng he has trapped <[Within the city for muskrat for the past five years and he and others who trap feel <[ the story in the newspaper is out-of-proportion. He commented that ill five years c:::(he has never caught a dog or cat ill his trap. Alderman Nichols withdreiv the resolution from the agenda, thus postponing action on it. Transfer of Television Franchise v Atty Walter Wiggins, 308 N. Tioga Street, spoke to the Council to seek approval for transfer of the franchise from Ceracche Television Company to The American Television and Communications Corporation. TI1is requires a public hearing and he requested the date for the public hearing be set at the earliest convenience. He said he has met ;,1ith the Charter & Ordinance Committee and given certain materials to them. He i Jffered brochures to anyone having an interest. He spoke to concern of analysis of l...-,1hether the ATC is financially capable of fulfilling its responsibilities under the .-..r· existillg agreement and whether or not it has the expertise and capability of operatillg the system with the same high quality enjoyed under the Ceracche Company. He reported that ATC is the second largest Television operational system in the country. It owns and operates 100 systems in the United States, serves 600,000 subscribers. Two items discussed at the Charter & Ordinance Committee meeting were: 1. Public Access -The new company is familiar with it; it subscribes and supports the right to public access and would intend to continue to make that channel available for that purpose. 2. Local Programming -This continues to be a problem throughout the comtry because of very high costs of attempting to maintain local programming at professional level which comes somewhere near the levels of national broadcasters. ATC has not enjoyed much greater success with the local programming than the Ceracche Company has because of rising costs and the necessity of passing those costs on to the subscriber. A proposal has been submitted to Ithaca College whose Board meets on May 2, 1977 and it is hoped they approve that proposal which would require the College to provide a rnminrum of local programming during the period of time the College engages in operation, but not during its vacation periods. The new company has agreed to that proposal. ,~-~-1.11.! ---=---.:_...c ..... __..,.,.,. ..t. .. \..._,... r-... ---.:, +-1....,.., + -/\Tf"' .. ~ 1 ............ .-...l .. _ n __ ,.T.,.._...,. r_, -.-. .... ..1- 268 -6-April 6, 1977 f\I:1yor Conley said he hopes the conm1unity can get the same high level SE'7"Vi.ce e11ioyed tvith (~PTer:,:}~.e rl'cl~~ .. I~)ii.Jit Curp. w~h1.c11 !l~1·:; tJr:cn a:n asset to t11c COII1IT1Ullity. Rc:::,olut.ion By Aldcnnan Boothroyd: Seconded by !J dennan D,-:.:nr.ls m~SOLVED, That the Cit? Cler}, be directed to advert:5 ':'-P for :=, public hearing to be held at 7:30 p.m., !',by 1:, l~l/7, at the next 1nccti,1g of the Council. Carried Unanimously V Ithaca Commons Assessments Atty Edward King, representing the Lentley Corp .. , owner of the Realty block on tL N.E. comer cf Seneca and Tioga Streets, in the secondary district of the Commons presented a proposed resolution re. Ithaca Commons Assessments to Connnon Council - to consider until the Secondary District Assessment could be reexa'Tiined and considered: • "PROPOSED RESOLUTION RE ITHACA CQ\1r-ONS ASSESSMENTS 4/6/77 (By Edward W. King, Atton1ey) A. WHEREAS, the Board of Public Works levied on December 8, 1976 for the construction of the Ithaca Commons llllder five benefit district formulas; and WHERE.\S, a public hearing thereon was held by said Board on January 26, 1977, at which objections were raised by owners of a_ nvrnber of properties in the Connnon·s Secondary District (which propertj es h:1ve no frontage abutting directly on the Ithaca Commons, and all of which were proposed to he assessed under fonnulas "4" and "5"); and said Board then took action to approve said assessments without change, and filed a schedule thereof with this Couricil for its consideration, requesting approval thereof pursua1t to Ithaca City Charter §5.47(5) and (6) [as adopted May 19, 1976 and mnended March 2. 1977]; AND WHEREAS the objections of ::;2.id sever::11 Crnr,mons Secondary District property owners to formulas "4" &7.d 11511 have been presented to this Council; Ai'ID WHEREAS it appears that of the total amount of said assessments of $949, 33: some $189,380 [viz. 19. 9S% thereof] is the amovnt assessed against property ......., owners (other than the City of Ithaca) iu the Com:rwns Secondary District t.mder formulas "4" and "5"; Af...1]) WHEREAS proposed street improvements (not yet designed or finalized) in the Commons Seconda-ry District provided, at least in part, the ratianr.le &'1d justi- fication for the proposed 2ssessments on s2.id Secondary Dj strict properties, and the exact nature cmd extent of such Secondary District improvements is as yet undecided; Ar,i'D WHEREAS it appears that there are no 1.mresolved objections to the $759,950 [ 80. 05% of t11e total] of the assessrr;ents of City a11d Co!rmor1s propeI·ties ·Ln1der formulas "ln and "211 and 11 3i'; AND WHEREAS it is likely tbat the intended iIT1.prove1nc:'nts to Secondary District streets will be finally designed zr.d. apprnvc:cl wit.hi11 the next year hereafter; NOW, '11IEREFORE, BE IT RESOLVED, ttnt saicl assessm,:,nts under Formulas "l", "2" and 11 3" and of the City owned property in t.hc 8f!101rnt of $ 759 ,9S0 [Schedule as follows], be aild the same hereby are approved ,ill<l confi rrned, a.'1.d BE IT FURTIIER RESOLVED, that the City Clerk he and hereby is directed to prepare a Warrant . . . . (san1c as proposed under Budget and Achninistration Committee Agenda I terns) ; and -7-April 6, 1977 Mr. Edmund V. Hollenbeck, representing the Masonic Temple Corp., which is a meeting place for fraternal organizations) a '1'Jn-profi t organization formed under the Benevolence Orders laws of the State of NE!W York, Sect j on 7, protested the Ithaca Commons assessments, and again requested that the Masonic Temple be excluded. ).,f., • .; .,l f:l,., t ;_ P· ,,~-T"0•1-1· ··-c D..-. -~· ✓ )'!LlJllC_._pc~. --_--C r~-'-:-.... oi·,C_L __ .a..:u'-·ore-:.: ,,L,XhL Mr. Francis Moon, 507 Turaer Place, rn,.:;mber of the Municipal Electric Task Force, presented on behalf of Richard Sr::in-;J1mi1, CJ13irn:an of the Task Force, a final report which recrnr.mcnds that the city conduct a fe2sibiJjty study for municipally-owned 269 and operated electricity d:istr:ibutic,;1 s1'ste:::. EJ,c:ven of the rwelve m1e·mbers of the Task Force concluded th~t a ci ty·-01..nccl ~,Kl operated electricity distribution system offered substanti~l potential r:.:1uctions in e]ectric ccsts for the citizens of Ithaca. ''l11ey concluded that from 10-30% lower electricity costs could be obtained tmcler such . a system. This would amount to savin,s3s to the City of I tliaca of between one-half --.-and one and one-half million doJlars per year initially ar::.<l 1n a projection for the next ten yea.rs these savings would likely grm:. The Task Force was not asked to r8comrnend on whet;12r or net the city should acauire such a system. It was asked ~1hether there were ,my obstacles ur pitfo.11s t}~at would ureclude a feas:i.b:ility study. 111ey concluded that Hhile the-re \verc scint-J critical issues, none of thein v:ouJ d be a major obstacle to establishing the system and that such a system could be a source 0£ great savings for the citizens of ltl.aca. They estimated the cost of s11ch a stn::ly LD to be around $30,000 but this mu:;t be weighed against the potential returns to the LD citizens of Ithaca of electricity cost savings in the millions of dollars. He added 0 that the Task Force has essenti qJJy ,·onducted :a pre fcasib.ili ty study nnd since they <( hav~ gat!;er;_d ~ 1~~ge m11c~·n.: of ~nfor~at~on on ft~a;:d:r~r: ,an~ 1'.::gal asp;cts w~~:h . _ <( rep1 escr1c.s .. 1~0.rt;'"'":, of ho,.-:r :-; of t:be members of t,,_,._, l ask ForLe. at no co.,t t? tn~ city other than the p[.per for the reports, they stand ready to assist the Plannrng & <( Development Corrrrni ttee of Council in their deliberations on the desirability of a feasibility study on municipal power. The report provides the rn.tionale and documentation for their conclusions. The srnn.ma1y an.d recrnrnnendations wcTe presented to tl1e Common Cmmcil in a great deal of detail on March 16~ 197'7. The sum!nary anJ reco,:imendcttions and a complete draft of the final report wen? appToved by eJ.even of the twelve menibers. Edi ting of the final report was conducted by a subc0nm1ittee rrnd th2n under the pressures to get the report to the Corneil by April 6, cdi Ung was conducted by Chm. Schramm during the last week. He 1 therefore takes responsib:i_ 1ity for tl10· final edited version. L.. Mr. Moon said that ~;ince m::et:ing 1dth the Common Council in Oc-::-.ober, the Task Force has obta:ined two pieces of infonnatkn regarding the electric distribution system-- first, Mr. Paul Comar, NYSEG Corp. , gave revised figures for electric power usage in Ithaca. He hrd recently lean12d that power to the :Morse Chain Company is metered outside the city and if these figures are removed, it is now estimated that a request for pm,ie:r from t11c power· ;;1utho:rity would pTobabJ.y be in the order of 25 megawatts, not 30 megawatts, thu.s inprovfrig the chm1ces that such a corrnnitment may be obtained. Second, in recent electric bills and cost estimates and savings the Task Force used the figure presented to then1 by the NYSE!G of 4. H per kilowatt hr. :for the residential . electricity use; in the last month·therc has been a fu8l adjustment cost which the Public Service Connnission allows the utility company to pass on to the customer. The net effect of this fuC'l 8~ljustment cost increase -the cost per kilowatt hour mnou.nts to 15%. If this increase wPre to continue, this 15% would be added savings over the 10-35% savjngs estimated on the Li.1¢ per kilowatt hour figure. Mr. Moon said additio:aal cop.es cf the report will be made available to the riress whose copies do not have appenC:iccs. rlembe:rs of the Ta~,k Force will hold a p·ress conference at 4:00 p.m. Thlll'sday, April 7, 1977, i11 Common Council Chambers to discuss the report 2nd ar1s1-,er questions from the press. Mayor Conley expressed thr:.11.ks to I,;r. Moon and the Power Task Force on behalf of the :'.cmmon Council &.nd hi11Lself. 270 April 6, 1977 1-::s of v.'hich l'l'erc ,:Jj,:,tri!utcri. tr, of th·: Ccnt11ci 1 . If the Courrcil were to continue, ths next s tcp \•iCYU Lcl he to contact tJ-,c Govr.:rr,or' s Off ic0.. 0xnn~ss i no-thP ty's J'lt(•rest jn ;:·•; fcnn·,1 ;:r::· --~:,·1 r ;,:·, ;i:,.e:0 :;:::c::d the: 1 C.T[;Cc·. T;·,c -,' Manhattan. 111e support nt the State level. fen the City 0£ Ithaca I s application is <lU(' to the fact that en Jul v 3 and 4 of 1::i c:t yu:c, \;'h-_=:,n th~ barf'O was in Ithaca, it~:; \·.r:1s higl!:~1~ ~:t~ ,~11.1y· cJf thr~ l.:t ::s tLrotlf,hottt :-~c-t::·-~on., .1_11- cluding the stops ·in ri';,i Yeck Ci.ty. The City or ith:1,·:.:~ tljd an outstanding job of coordinating its activities with Tioga, Broome and otlK:r n,~ighboring counties and many people came here because of that. The proposal :includes a letter from the Fxecutiv;:~ Di.rector of the Finger Lakes; the Mayor also met with the Tourist Council of the Chamber of Commerce who passed a resolution. At Mayor Conley's request, Richard McDougall, a member of the pl:.:uming staff, 1.'ient through the formal presentation which the city intends to make in the Governor's Office, including the histor/ of the barge, current stat.us, etc. - Mr. Tom Niederkorn spoke to the Council sayinr, he sees this as ,m opportunity in terrrLs of what it might add to cmd solidify the .image of Ithaca which the city has been trying to develop for the past ten yc2rs. It will contribute to the ;.1etivity of the park jn the sen5e of Ithaca as a focal point for r0cre1.tion and culture in this whole region. He said it is difficult to measure the cost in benefit. Mr. Charles L. Quenette, 1 Cliff Park Circle~ prcsentul a iett;::;r f-c-:;rn Ralph Jordan, Tompkins County Cha:r:ber of Commerce: "Attached herewith is a F:solution adopted by the .\1eeting Conference of the Tourist Council of the Tc.inr,kins Cu1..nty Chamber of Corrrrnercc. We trust you will give this matter ca:tefu1 consideration, as did the rn-:my mc::mi")e-cs of our council. We feel that it vvill be a distinct: benefit for the Ithaca, Tou:pkins County and Finger Lakes area. Had time permitted, om· Board 1vould have also been asked to make their feelings lrnmff1 to you." Resolution attached: "WTiEREAS, the City of Ithaca has recognized th~ great potential ar:.d need for more tourist dollars :in our city and county, 2nd MiERf:/\S, the City of Ithaca has recognized that tourism in our community can be the ._.. number 1 growth industry, at present second to education, :m<l 1MEREA.S, the City of Ithaca has another opportunity to encourage: mc.Yrc people to visit the rmlltitude cf resources offe-n?d here throug11 culture, bi.storic sites, natural settfr1gs and ,,rarmth of its people, unparalleled :m)'"\vhere, by the acquisition of the New York Festival Barge, and l'-i'HEREAS, the City of IthaGi. has the oppoEL<nity to be the focal p0int of New York State I s 200th birthday anniversary with the FcstivaJ Barge throu;zh ·restoration of donated exhibits 5irnilar to those 5een t)y htU:KL.,·ecb of thot:.sand:s of New Yorkers &'1d countless numbers of out-of-state visitors atu:actcd hy this floatin.g conunernoration of U.S. Revolutionary histCI"/, end discuss~d p12ns :for JY~nr:;_ment. year-around mcoring at Treman i•12rina. State Park, and h·rD·:~{FAS. tlle proposed acqui.:;itiun frcm t"h: f)c~tJ~tr-r ... 111011t. of ·1·1·anspo1· ~-~a ti (Jl1. ·to tc.,:r.\i ~-;-~ .i..,,-l St{ ,;~2 nf r"rc1,· .. Y-o-r·~<: ::1_.nc:~ ~, pr .. cr~ise o:f t}1e ~~":.t. no c1:_a1>?:; t~· rbn f.~:Lt.;l of It"r.:.7:'iCa._ a.nd ~\}{E:-7J3 .. A.S, t}ic t1"ip :f~tcJE 1\.Ihc..;_:·1)r, it~:; p:rc~·;cn~ _'._(JCc~._-:1_0~1, -;_-.tJ I.t __ ;·icicc( ~~iil geL0,;rate statet0ide -d -,... ·,., ... r•·t··,.... •' 1 . .,... ... i.,'-:, ..... ; ... ._... '.. -!1i.·:··.-.,, .• ,l ·<-·-'.---,-:, .. ~--\--;--~--;'l '·'l ---~);1::')"'-,-·-•r'-:r-,··1 ;-·•f"' d.11 pO.::.;,SJ.u.i/ n-::.1 .. ,1.u7'3.J. 1.,uuJ .. 1..\. ... J .( .. ) 01,l LJ.u.VC•.'::.:l L.tt~----~~\. . .J.tc·.1 .. .f. .• •-1d t_.,.,_ CL1•, f,.J..v., •... ).1.. • ·1 "f O • • 0 ' 1 1 L _.'l • pla..~11cd. 1nusic ar1d saluto1-y gr~etJ..J1gs by J}u>1er :~~ru::.1c .r·or1s, c111c i1!d:t_"\r~1.u1.1a ... iJccrt.c~rs v.l1r111f; its 3-day journey to the southern tip of ,~2yug?. Lsi<:e :for its firwJ. mooring loco..tion1 ond WHEREAS, the future Boarclma..ri PlDnctarium sl:all attract r.1-1..ny school districts and vis; ''S LO LO 0 <t <t <t -9-April 6, J.977 271 THEREFORE, RE IT HJlffl-IER rJ2SOLVi:1\ the !,1ccting Cnnfercnc<i 1'oudst Council urp:c'.'; the . C •• ; tv of T-•·J·· ,,.-,1• t'..,o·,·_1r.11,)11 Cc·• n-1,··1.· 1 tc,· V(-•"'·t .; i·c:; •i-~ .. , .. ,•c--r'; ·+rounh annronria te ,.•.p;:;Tova~ tu acq1arc J. j • .l (.. h:.f.'"·' _, , il '~ • Iii.,/, ,.. • • o> O# •• ,, .• .'i. ... ... i• \.,.I •• ••• ... ... l. (... J. ,I._ }.. ' • "-" ' t.lw New York Fe:,tival B,t:cgc ffom· the St.at0.' of I'lcl,' York_. ~ignecl by Doreen l)s.vj s, Tourist P1·0:;r;:@ i\diil:ln:~st:!'~1tor Arthur Rosten, Fo1.'L[0Jjo Dii01.:t1Y1' .Ralph Joxdan., E:-~cc . Director, _foi!ipkin.s c:r1a.r.lcs L. Que.n.ettt:1, Gnn.e:ral Ln.;11.1·n:an, 1.ou,1tv Ch,-'!.mbcr ('f Crnrnnerce . · · · • (-. f .,,( ··ri· ··' Cov!1ci1 f,jeetir.g, . ,on :erenc~~, 1 iu ::, L ' • 1 r: ].9 ·,·;71t i\]JI"l.-::, , Discusston followed 0r.. -th0: :!J.o~)T. ltc:·~011.~+. i or; Hy A! ,I~~ ri11-:;.p_ Bo0throycl: ;;econ-:.1::-!d RES'JLVED, we respectfu.U y t.hmik c1:f tb.c BB-rge, lJ1,.-1i: v~1f~ (lccli~n~;. by AJ.denP:n1 ~n,.i.ttery tJ-12. Go\rernf-Yr· ol~ the St::rt.e f'"'.,.r..••-'\.,)' •·.,,•..:.' Nays ('7) (2,) Gutenberger, Holman 1 Boroakay, s:i2tt ery Carried R(:[,c-lutic:n j:ty ·/\:1..,lc.rlnaJ) f\J:Ec}1ols: Secor;.~l{~,1 t,y i\1d~rfl!a.:n.. EaJ\·lo;·!.i • RE'.~OLVEO, 'I112.t tl1~ appcd.c11:r,:~0-!1'L: of Ms . Sterling by the Con~nd.ssion 1)<7: U}}ll\~o .. lcd., CI'ry· J.\.T'f()F~_?i.J.F:Y" t <:; •. Fl~F{)F~r: Mi:;,yor to the Environmental C • d T' • -a1 .. r1e1 Jrta.r1JJno11..c:;J_): C:~ ty A cty D1::,?i:ro Ycprn·tt:(~ •i.J•at fr_;~ city had. hoen ,:;cr~cd with pap~rs. ii:1 regard to an app,~;;:l o::: LT. Bak,:rr v;:t-;-h :.··es)ect r.o a T:.,c~::~:id of Zon:mg 1'l.pp•~aJs c,cc1s 10n a mrm.th ,··•fJ() f"Tl /\'l't·';· r•1e "!~' J":·,,~,-·c.r,r·:':··1c __ ''1· p .... "-•:r)"-rf·,.,1 'i·i-1,-;••· ·,·~1~-. 1·1'·t·y ,,; .. :·« '·1··1•-:0· ,.,e-,,•\r,::,ci ,,r1· ti~ '• ''·-~:.,·-,_c1._ ... -~-~-.1. .. , ,) . _ .. ..,_~~ -_ ...... , r;..,... ---~.~ J..\...•; '-'·-'."~\.,•\> .. ,.a ~L. , __ ,., ..... ., . nf.( ..... (. -~ ~ ..... .,.1.. l'• 1,1 ('",,1. cornplaint f0Ll0wing un earJi;.::r ~,L1Jmi1ms :i.:n the ca~3e of Mas sicci v~:;. the City o:f Ithc:ca "n'1 1~1--•::i.c1n"lt) --,,._~,, ........ a··."1-1·ry -;..'h...-:l 1-·1·,... .... -:-·•:·-f·,; ·,• .. 1 .. 1··1 -:l.~· ... (.r' '), (} (""-""!. }lff~ C:t·-,":'\..;.. H,~ .,. ... e-,-....... -.. ... te(l ..;.11·at '-'·• U. -'· \:.• .'i C ,. J '-',~c:U .... .! . .:, ~,:~, .• .. c~:-.,.) .. 1.~ .•. -L J,,i c.( J.li,.:, 0.11 V • ,,JYv•fc;--· U ,J. e,. \.-• .,,:, L -J:"'•,.J!. ·, I. ,·· }y, .... ,)W •1·:·5 -:-'e. •.;!,c-•:--·1•·:·t····'· "T·,;Jl ·.r•p•·;()'!l': r,-j•],c-r ·n:01··~-~~ -r--,-.Jri •1·r:i)-i] o,·1 c ·,....,.\·) 1-r i '··11 1•,.,c•1><.c.(•t· .~,, 11~. J..~1\:1, l,.,.J.. , ...... v .._,-.,. .t.. -..._.\., c~~.,•• •·-~.L., .. -.:i \,1t .. i.• .• ,-,.L . .1t~J . .,.7 ... J.i..:-' ,.:. f· ... ,, -~-. .i., .. ,\ . .t"";: • .'_ •. Lt.-.v~-:,-'_.v_ to th1..~ bnil di·;)? 1i!1.ich :\.:-:; fO.ing t o be the Pr:i.1:.L:y E..:,iJ th Ca:re Contcr, anct 0xpect5 to have a cl')s:i.r:..g o.n: thilt. wHh}.r, ::1 TW.nth. H?, rq:i.Jrtcd he is invulved. with 2 or 3 12.w- ...-:ults wi·:-}1 1•,ir•~ f,iu}·"'.1 He "'il•...,·1•te;1 ·,•,-,1.~,.-.1.·r;-I• ("!i ~) .C\.;1;-,~·"'\101•.'· c1ec-·1',·1·0•·; ··•·p0·,..,1•rJ •• :.,.,n• a ........ ""' i.. .• _,. .J. ,\.1.... . .. 1.t.•.t1 •• , ••••• _ .... ;JI"•.• .. -~-.,.1. , .. I ..L ....... ~1-J..Ct -• .. "-~ -•.• ::,. 1 ... .t ..... t,a ... l.t.".r-5 .· p0rsu:nnd ni;~tte-r. In ,,.d,;.it:i.·::ir> hG --repr:.-rte:1 di8t e-n /pril 7 the).\:) is El motion for s1..mr.r:c.r:cy judgment rending in the ~;:.~:;rems Court by H;:,r;aver Square f\::alty seeking to fo,:cclose t , • t 1 • r1,r• -', T ) • •• ., .1 • l 11e p1 opcr )" (ih111ec t1)' -,., .JL, J .. t .. nuJ::a_. .iil t .1c1:t st~11;rr1rtl)' J 11c!.gn1e!it JJt11:.e1--s t..11C)'. con.cede t.1r1.t any forec.lQst;n.:, will be sd.:,}::ct to and 5Y,bordin::rts· to alJ. the agreements of the City o~f Itl1.::1.c.:;;; ;,:~1.rJ U\~~·t:=J.1 l~c11e.,:1aJ. 1~lgr,n.~~-Y ~ /\.tty SJ-1,Jpirci said. be \-Jill m·t!(e s\rre tl!a.t t118 .. ·j ud~ni;~nt sets forth the ·rj r•11V:. of 1·h{" C·i ·'t·v -i .,., <tc··c·IJ·"''(1PJ"C1.:·~ ·1,11· ·1···1·l t1·••}". C. 0·g··~r.,-:sr'f\/-'Il1·s· ... ~ , ... • ... "-{? • ~ ~.. -·~~ , ,.J,, •• "'.l .. t ..... '·· •J.. .~ ... 1 • . • . .,. ,., .)\;.• ct.:,-..!.-. ... •\;•. Jl.:-\.--,.. 272 c·/" ~--~ ~\.; f1t)~·/(? t ·,.i(":Stc·rJ lfl 1:-:e J.:J"/7 :~1,::-1.·:.1 i)e ccl,?b:ct;_t,:::r-J :r::d.!,\;·a.:rd .. J .. ii.'l(xy·o:r fr Cuntey hy !-k.Jt:.t·~.1 (-~}t..(1 d:ri 1/e :for Ruth i\.i"ln B:crn-:n, city 0:.-i;_pJoy;~es. recon.vcnod i_ntc \ .... i.:_:.;.; __ ; (.: )'", 1v1:.:· .. /C.· [. s.r t1'10 cit i z.~·::n~_-; of u 1 l c:L t: i ~~t::Tt5 1~: .. 1Ies-. Apri_J 6, 1977 u , • .,, City of I thacn , do r c.~i:.~i::1 tJ"!~lt th.e ·iv-cbk of .i.n supporting the C.;:n,:m to be af f:ixed. the Sf to },hyo:;:. Coaley, 'have a.r:-reed ,~o .-·"or,.11·"'··•l,., -.:. -.,. •:.:.> . .. -"' . u_...1 ... c. _, __ .. S<.;.:s~;J.CJl :re 10:n p.m, by Ald:~rnu.n. S),1.-::.terr lt!\ll.e:I 0.11 Di~ci-_;.t:bc1· b !i 1976 for the constru·:ti0H -~\'Lli3.?J.:"J\S, c1 ra~·b1 ic fi:.:;,:.~r.ir1r-!. tJ;e-r·.::c,n 1•;2.~;. h(:.J d !)'{ ~-;~..t'! .. ;.J. Ben~:.~d_ ·t1}1ici1 ti;ne t!:,e Hoa-c(l 'C()O~~ 8.C.t:L:.:n. t:.1 ~--·1~-,·~·1·•··· : •• ,·,•·r·•-·'·,·•··,· :~:~Ti<~ .'.:cb.;:::c\JJ.e thu:coof :.qj:U1 fr.is Co,:,Lc;:U £;:::~'-(;,\/;:;::;;'.;,;;:;','.:'{/,~ :::rd l)"'tl j·;~:.nua1 .. v--7:6, :~rse:;s'.tt:r··11t.s H:n,i -Ft~1al 131:-_p:t .. clva l: 197-7, rtt filed -11-,\pT:i.1 6, 1977 r-:·:t~t e !}(, 1\ld<;r!n;1n r~.r.~--~yl~r ·tc~T)(f:'_··tctl therf~ h~~.(T hner: :l c ~~_JJ'l~~e.n:~11·.~ Cormd.tt(·,.~ r;;+:~i~~t i!l~.~ :it ,,~ltL1...:J1 l _;_Jf:;:-:: 1'1iO J.92i1 Tbc 192d 1)1·•,·1 1-:-,.., ... , ,.·i,e"' (-i ··v l·" .-,1-~ f -:rs1·· 1,·1 ci;n,~7 ,n •:onsi-1Jt?D.t __ C...J ..... J. l.·].I .... L_, ,., ---· -... L _... .. _ ..... ___ ··•····:-=- 1?:.~a.t1 :!:c-·.r ht:.1tcrfTo.i:t ancl p~i.-rl: dc~vf/io];:_1,1<.-~n.t b)' the • r::l t)' I t1;ac:1 H:<'b:m /'.1·c,1 C:211er? ·1. P1,:.n (4t} 'Il;e J~;(..J ?.t~d-<:u.rr(~J1t z,:::"ii~t\~; c;;,.diI1t,J1(~es (5) 'fhe 196? ·:~-<Cl\:c;.t.i-:·.,_.., ::>ct:dy· S·ft(:;r1~;io~-) )' f~-acj __ liti.es ( 7) TT1(..: If: 7-~i-C>1_·yu1/~ 1/i_Jet S-~~ __ .td.}-' (8) frt.e 19.7.( st:_td)' rn1i ~J8C~_S:Ltf1 C:0!JC(~r.n5ng ti1r~ DPl\T _i-\Ja]l.lJ_:f~·r).r'TtC'.-~ T7,::.c:il:i ·ty· 1.,J::~~-ticr . . 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().-. -·~-::_;~~IC. :~.le:t·t;;~:T')-y: ·f:j.·te .i·t(:~11 DC ~~/(:;~~·, t,:}.:;~:i "bi .t\:1~tl;-;-.1-nitill E('-£L•n!<.Ii}' tal.·.<:_r;d • a\·.v:.l tli:-:cL:"~-~~:.;e11 :-it ~ ... ::1:j :n.e:~t ,·· ,.__J :_. -· B~J -~-~C/11~.r?/ > • I~;--'-·'--::..,•.1 t.i.' c;t1l c,r;J,-c: ·,:g,::~t ~ i·Io lrnari, _ H,::~e. ~:1:T"C):-~~-, l}~=_:_tH!_is I977 poss.i.bJ.0 i ~<.--::: : .. ~:. ~ _;_ 1 :'-;_: t ,~:ri 1.r-: .t:'.t/J..:.·1 1:~-:.:~.rt:·:t-:yy-,:l: !3::.-.~t:or~t:~~:;Ct f}y .f\:.i .. dr.;1T1-:~1~1 ;)J.r i~r:'.::' ., .... , ... .,n,·i-·f,-)T' :::-..·:t:d:y of l\1~ 'f:iJJg;.1., i:.0 -~J1,/t:;:_;.-;.\::.ng J}:i:,rd. .. .. E~Y .. ~o:~·;.}~;ty·" Sl ~1 -~~.t.e·ry, 'i}.~~}li~!.S i-.•,,:, ·~3oTd~Jni ., Dc~t> t.trr .. )}'d. :• ::~a·~~.c.t1cci 12:01 ·~: .": ~\ /, I ,:, • ·--/-</:: • ,~; / (~ ·i c~·:.~·:-: Slatt~}ry Carried 2()(J:·:·t1 c::i.:~-~:~·l_-_~ __ \.1{!rs:;"t\)" t)f t•if:".\.f y·crrk ~-~ L Cnss }\":.·r:{; ":i-11· i.Jt~n~:: tt.t~Te t 1lt~ 1::! ·1~. :rt~::·t' f? r_c_;_t;.g,:!.~ C ,)1 .. :rt 1·(;S i~·t.:-:;IlCf!~~; ,. •)il th.e Li.'.r8 :iJ'l ·f>i~()j ~ct 1.:11e· be Lot .AO 2 37 v-70 2 36 ....-fl)'2 35 v'/0 2 33 34 vTO 2 31 v/o 2 30 \.10 2 29 4o 2 28 '70 2 27 i,76'2 26 v6 2 25 1o 2 24 Address 102 E. State 104 E. State 106 E. State 108 E. State 116 E. State 118 E. State 120 E. State 122 E. State 124 E. State 126 E. State 130 E. State 134 E. State ITHACA COMMONS ASSESSMENT SCHEDULE (Proposed -January 12, 1977) Owner Wm. Baldini 207 Christopher Lane Ithaca, N.Y. Stuart Lewis 105 Winthrop Drive Ithaca, N.Y. Murray F. Lewis Mrs. I. Morris Lewis 190 Pleasant Grove Rd., Apt. A3 Ithaca, N.Y. Ithaca Book & Art Supply, Inc. Ithaca, N.Y . • Irv Lewis, Inc. 120 E. State St. Ithaca, N.Y. Isadore M. Lewis Mrs. I. Morris Lewis 190 Pleasant Grove Rd., Apt. A3 Ithaca, N.Y. Irv Lewis, Inc. 120 E. State St. Ithaca, N.Y. Barbara Warren Stewart Clare B. Conley 115 Ithaca Road Ithaca, N.Y. Gloria A. Scalise 108 Short St. Ithaca, N.Y. Triangle Shoe Co., Inc. Box 1391, Narrows Shp. Ltr. Kingston, Pa. 18704 J.P. Cosentini & P. Wilcynski Cosentini, Inc. Community Corners Ithaca, N.Y. Isadore Lewis & L. Drake % B. K. Drake Box 5 Lansing, N.Y. / Assessment $ 13,494.31 4,786.83 4,786.83 18,682.32 7,160.49 3,884.17 8,357.96 4,923.60 5,470.66 10,330.44 10,029.55 10,029.55 10 2 2:V' 138 E. State ,-1-0 2 21/ 142 E. State ~ 19 2 20 ✓ 146 E. State 70 2 19 / 148 E. State 70 2 18 ./ 150 E. State 70 2 17 v 152 E. State 70 2 16 ✓ 154 E. State 70 2 15 ./ 156 E. State \ 2 14 ✓ 158 E. State· ,___ -70 5 01 ✓ 101 E. State 70 5 02 v 109 E. State 70 5 03 ./ 115 E. State 70 5 04 / 119 E. State 10 5 05 / 123 E. State /229 E. State -2- Cayuga Apt .• Inc. P.O. Box 37 Ithaca. N.Y. E. C., J. J .• L. M. Wells P.O. Box 155 Ithaca. N.Y. Irving & Irene Lewis 120 E. State St. Ithaca, NY. Rebe B. Smith Camp Street Trumansburg, N.Y. 14866 David & Janette Wrisley 152 E. State St.· Ithaca. N.Y. as above Joseph D. Gallagher 413 N. Tioga St. Ithaca, N.Y. as above Lloyd & Malvina Ellis 158 E. State St. Ithaca, N.Y. Jason H. Fane Box 642 Ithaca,. NY. Roger B. Sovocool 110 Renwick Drive Ithaca, N.Y. Sturm Brothers, Inc. 115 E. State St. Ithaca, N.Y. Wm. & B. Freedman 119 E. State St. Ithaca, N.Y. D.P. & J.S. Barr% D. Barr 211 E. Seneca St. Ithaca, N.Y. Ernest A. Kubler 21 N. Halifax Ave. Daytona Beach, Fla. 32015 $ 9.582.78·,......... 9, 728.67 ✓ 4,254.96 ✓ 2,978.47 ......-- ✓ 3,872.01 4.680.46V- 3,680.54 v 3,723.09 / 4.893.21 ✓ 3 • ✓ 8,711.03 21,062.06/ 10,230.14........-- 10,230.14 / 13,172.14 ✓ 7,853.44 ✓ 70 5 07 ., 101 "os I ..... 70 15 09 70 5 10 70 4 03 70 3 15 vl.33 E. State .-f 35 E. State il1.37 E. State "'143 E. State A.53 E. State /200 E. State . 70 3 14 ./ 204 E. State 70 3 13 v206 E. State J 12 /208 E. State 70 3 11 ~12 E. State 70 3 10 ✓218 E. State 70 3 09 ✓220 E. State 70 3.08 /222 E. State 70 3 07 ✓224 E. State l., 70 3 16 N. Tioga 70 4 5 ./116-130 E. Green -3- H. Wisner & J. Colodne 2115 Southern Blvd. Bronx, N.Y. 10400 Harold Lubin 104 W. Water Street Elmira, N.Y. 14901 as above R. & N. Avery 143 E. State St. Ithaca, N.Y. Ithaca Urban Renewal City Hall ·10s Ea~t _Green Street Ithaca, N.Y. First National Bank & Trust 202 E. State St. Ithaca, N.Y. as above Paul P. Philipson 206 E. State St. Ithaca, N.Y. David A. Saperstone 116 N. Cayuga St. Ithaca, N.Y. Esther Poole Box 238 - Lansing, N.Y. 14882 Janet L. Aagaard 218 E. State St. Ithaca, N.Y. Leslie L. Wilson 220 E. State St. Ithaca, N.Y. John & Clara Lewton 222 E. State St. Ithaca, N.Y. Michael LoPinto P.O. Box 353 Ithaca, N.Y. First National Bank & Trust 202 E. State St. Ithaca, N.Y . CDC Ithaca, Caldwell Dev. Corp. 5820 Main St. Williamsville, N.Y. 14221 1$ 7,604.22V j l 12,400.17 / 11,315.16,,.........- 9,145.13 ,,/' 44,798.66 ✓ ' 30,848.47 ✓ / 6,409.80 .I 6,871.76 7,519.12 / t ; 14,658.34 / / 3,692.70 4,090.84 ✓ 4,090.84 ✓ 8,084,43 ✓ 22,697.18 ,,,- 42,394.61 v--- 70 3 01 I I - 70,212 70 2 10 70 2 13 70 110 ~15 N. Tioga yi06 N. Tioga ./106 N. Tioga 114 N. Tioga / N. Tioga v-120 W. State 70 1 09 v114 W. State 70 1 08 ./ 108 W. State I I 7"8! 06 /1.02 W. State 70 6 04 ~121 W. State 70 6 05-2 ✓117 W. State 09 70 6 06 "'l05 W. State 70 6 07 /103 W. State 7\ i 08 /101 W. State ~ 70 6 12.1 V'l20 S. Cayuga -4- First National Bank & Trust 202 E. State St. Ithaca, N.Y. Tompkins Co. Trust Company 110 N. Tioga St. Ithaca, N.Y. as above Citizens Savings Bank Tioga & Seneca Streets Ithaca, N.Y. Owner Unknown Bern Furniture Stores, Inc. 2507 James St. Syracuse, N.Y. 13206 J. O. King Yung Tang & King Wing 403 W. Seneca St. Ithaca, N.Y. Marilyn Wallace 515 Campbell Avenue Ithaca, N.Y. Cayuga Apartments, Inc. P.O. Box 37 Ithaca, N.Y. Raymond DiPasquale 203._Wyc;koff Avenue . Ithaca, N.Y. Cornell Theatres, Inc. % Wm. P. Berinstein Box 1093 Syracuse, N.Y. 13201 Myron Stanton & G. Saperstein 105 E. State St. Ithaca, N.Y. Morris M. Shul111an 401 Third St. Ithaca, N.Y. Frank & Anthony Leonardo 117 W. Buffalo St. Itnaca, N.Y. James & Joyce Freeman 128 W. Haven Road Ithaca, N.Y. $ 32,966.83 v 19,891.94/ ' i ! I 12,555.18 ✓ I 42,580.0lv 3,100.04 ✓ 3,920.64 ✓ 6,552.64 ✓ 9,783.37 ~ ./ 1,060.70 -✓ 12,956.36 1,781.01 ✓ 2,832.59 ✓ 3,230.73 _.,... 6,704. 6~ ,/' I I I I ; 70 6 Os.1/ 106 S. Cayuga 10 7~ _.J.l vl.14 S. Cayuga I I t.l 70 ~ 11..2 ✓120 S. Cayuga 70 5 25 (115 S. Cayuga 26 70 2 38 /109 N. Cayuga 70 2 01 /115 N. Cayuga 70 1 03 ..,. 116 N. Cayuga 7' ~ 05 /106 N. Cayuga i .... 70 3 02 /211 E. Seneca 70 2 08 / 113 E. Seneca 70 2 09 ✓121 E. Seneca 23 61 5 10 ✓ 122 E. Seneca 61 5 1)9 ✓ 126 E. Seneca ~1 ) 08 ✓128 E. Seneca l. ' .. .. 214 N. Tioga -.5- Ronald M. Lewie 106 S. Cayuga St. Ithaca, NY. Peter & Patricia Massicci 119 Fayette St. Ithaca, N.Y. John N. Boronkay 410 S. Cayuga St. Ithaca, N.Y. Oliver Weinsheimer 121 S. Cayuga St. Ithaca, N.Y. Benjamin & Nancy Natali 109 N. Cayuga St. Ithaca, N.Y. Ithaca Masonic Temple Corp. 115-117 N. Cayuga St. Ithaca, N.Y. Historic Clinton House, Inc. 103 W. Seneca St. Ithaca, N.Y. Cayuga Apartments, Inc. P.O. Box 37 Ithaca, N.Y . David T. Barr 3 Triphammer Lane Ithaca, N.Y. Tompkins County Trust Company 110 N. Tioga St. Ithaca, N.Y. As above Citizens Savings Bank Tioga & Seneca Streets Ithaca, N.Y. Town of Ithaca 126 E. Seneca St. Ithaca, N.Y. The Lently Corp. 308 N. Tioga St. Ithaca, N.Y . New York Telephone Co. 1095 Avenue of the Americas New York, N.Y. 10036 '$ 6,136.26 ✓ 2,513.47 .....--- 118.53v" 4,373.49 ✓ 2,641.12 ✓ 5,856.65 9,205.91 ' 3,282.40 100.30 1,477.08 3,850.74 4,297.51 28,572.07 5,236.64 61 4 06 61 l Jl ' I I - 69 112 69 113 69 114 69 115 70 3 06 703 05 JO _3_04 18 70 3 03 69 110 69 ro9 '') 1 08 69 1 07 201 N. Tioga 213 N. Tioga 103 N. Aurora 105 N. Aurora 109 N. Aurora 115 N. Aurora 119 N. Aurora 108 N. Aurora 112 N. Aurora 116-.N.-.Au.mra _ 118 N. Aurora 306 E. State 310 E. State 109 E. State 314 E. State -o- City of Ithaca 108 E. Green St. Ithaca, N.Y. United States of America 213 N. Tioga St. Ithaca, N.Y. State & Aurora, Inc. Terrace Hill Ithaca, N.Y. Leonardo Enterprises 105-107 N. Aurora St. Ithaca, N.Y. State & Aurora, Inc. Terrace Hill Ithaca, N.Y. As above Contemporary Trends, Inc. 119 N. Aurora St. Ithaca, N.Y. Robert J. Shannon, et al 308 N. Tioga St. Ithaca, N.Y. Michael & Marsha Turback 112-114 N. Aurora St. Ithaca, N.Y. • JohnJselekis _ 116 N. Aurora St. Ithaca, N.Y. B. Macera & M. LoPinto 204 S. Corn St. Ithaca, N.Y. State & Aurora, Inc. Terrace Hill Ithaca, N.Y. State & Aurora, Inc. Terrace Hill Ithaca, N.Y. Cornell Theatres, Inc. % Wm. P. Berinstein Box 1093 Syracuse, N.Y. 13201 Donald W. Dickinson 401 E. State St. Ithaca, N.Y. $ 41,804.99 3,172.99 7,871.68 5,692.53 4,498.10 3,911.53 1,388.94 3,905.45 2,759.65 ~467.96 337.36 4,981.34 2,100.13 3,647.11 4,030.06 .. -7- 9 4 01 301 E. State 215 E. State Trebloc Development Co. 104 Homestead Rd. Ithaca, N.Y. Tompkins County Industrial Development Agency Bldg. 1, Brown Road Ithaca, N.Y. Total Ithaca Connnons Construction Cost 85% o~ Construction Cost $1,151,936.02 979,145.62 Total Assessments Per This Schedule $ Proposed percentage of Construction Cost to be Assessed Portion of Construction Cost to be Paid by City* $ Proposed Percentage of Construction Cost to be Paid by City 949,330.49 82.41% 202,605·.53 17.59% $ 26,614.78 103,106.83 $ 949,330.49 *Does not include assessment against City-owned property -namely, the Seneca Street Garage, Assessed at $41,804.99 I ,Note: .... Assessments are based on properties as recorded by the Tompkins County Division of Assessment office as of December 17, 1976, and shown on a map entitled, "Commons Assessments Map" prepared by the City Engineer, dated December 17, 1976 and revised January 12, 1977. LO LO 0 <( <( <( . . 9pecial MeetL1g PKESENT: COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. April 20, 1977 : Mayor· -Conley Aldermen (10) •• - -. Boothroyd, Bordon~, Boronkay, De~nis, Gutertberger, • Holman, Meyer,--l'{iehols~ -Saccucci,· Slattery" "-. ~ =--"' ~ -· ·-· - a. f • Acting Mayor Gutenberger cJia.ired the meeting unti) the arrival of Mayor Conley. OTHERS PRESENT: City Controller ·-Daley City Cle.rk Rundle Dir~tor, Plannip.g.. & Development -Van Cort ' / • ' ADDITIONS TO THE AGENDA: . ~ ,, Budget & Administration. Committee . · • • Alderman Gutenberger. ·requested permission to add an i tem~ ... of emetgelf.~y nature--Stewart Avenue landslide damage--which·was discussea at lait week's Budget & Administration Committee·andwhich requires discussion and possible action by 'the Council. •· No Council member objected. Charter & Ordinance Committee Alderman Slattery requested permission. to. .add an item concerning funds for the Television Cable Commission. No Council member objected. s·PECIAL ORDER OF BUSINESS: Public Hearing -Federal Revenue Sharing Y: Resolution to Open Public Hearing . 1 By Alderman Boronkay: S,~conded by A1derman Holman(. RESOLVED, the. Public Heiring on the use of Revt::mie • Sharing funds as they relate to the entire City of Ithaca Budget be opened. Carried Unanimously i No one appeared to speak to the Hearing. t ~·-' Resolution to Close Public Hearing ::· . . _ By Alderman Slattery: Seconded by.Alder-an Dennis .. RESOLVED, That the Pu~lic H~aring on the use of Revenue Sharing :£.u~ds as they relati to the entire 'Gity of Ithaca Budget be closed. Carried Unanimously . Alderman Saccucci commented that• inasmuch as -~estrictions have been· l t I l . I i . remov:ed on the manner in which the revenue sharing money can be sgent, he ,dshed to call attention to the dangerous park'ing· problem which . . exists on Cliff Street which h~ had brought to the ~ttention of the Coun~il • several months ago, and which he understood the Planning and· Development 1 Department were studying the problem. He would like· the city .to use ii . . funds . to build a parking lot for this area-. 1 i Actirig Mayo~·Gutenberger asked Planning & Development Director Van Cort • :f,Q,r comments on the matter. Mr. Van Cort ii:iforme.d the. Council there 1 has been .. no capital project established for .this i teJn. He suggested that' establishment·of -parking area in one residential niighborhood of the c;i ty would. h...ave se~ious policy implicatio s· • o • o o he 282 -2-April 20, 1977 Stewart Avenue Landslide Damage City Controller Daley informed the Council that he had received a request from Supt. of Public Works Dingman who asked that Council appropriate funds for soil tests and establish a capital project for the Stewart Avenue problem. He will be going to the Board of Public Works next Wednesday to have them authorize him to get soil tests on that washout so he can proceed to develop a project for it. There is some concern that this ought to be done this year and there is a feeling that it is more serious than they realized. They are asking for between $2500 and $3000 to go ahead with the soil tests and create a capital project so he - can go to the Board of Public Works next Wednesday. He would defer it to the next Common Council meeting; however, he must have the money appropriated before he can be authorized to execute a contract for soil tests. ,__ Resolution By Alderman Dennis: Seconded by Alderman Nichols RESOLVED, That there is hereby created a Capital Project to be known as Stewart Avenue -Retaining Wall Repair; and BE IT FURTHER RESOLVED, That $3000 be transferred from Al990 Contingency to this Capital Project. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously v T.V. Cable Commission Alderman Slattery explained that Dana Ulloth, Chairman of the Television Cable Commission, indicated to the Charter & Ordinance Committee that the Commission would like to investigate the American Cable and Communications Company, who are thinking of taking over the cable system from Mr. Ceracche. In 1976 the budget· appropria-tion for 1977 to the Commission was $250 and expended to-date from that amount was $175.90 which leaves a balance of $74.10. There is some haste in getting started on this and Mr. Ulloth is going to have to make some telephone calls to investigate the company-........ so he will need some additional funding. Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That $200 be transferred from A1990 Contingency to A 1010-400 Legislative Board -Contractual Expenses for the T.V. Cable Commission. Alderman Nichols commented that when the Cable Commission met with the Committee on Monday, they indicated they would like a longer period to study the new corporation, particularly since there seems to be some possibility that the corporation may be taken over by another corporation, and the Commission want to be very sure that they have covered all the possibilities. They agreed that it was perfectly fine to have the public hearing as scheduled in May, but they would like to have an additional public hearing at the June meeting t? make sure th:re has been ~verr . opportunity for them to complete their research and present their findings. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously . ., -., --,____ ----- I LD LD 0 <t <t <t I ! L -3-April 20, 1977 283 School District Properties Director of Planning & Development Department Van Cort informed the Council that the School District will be trying to sell several of its -properties, including East Hill School, Columbia Street Annex and the new Program School. They have established a rather elaborate process that they are going through. They will be getting appraisals and they will be moving toward selling these at auction after the city has had a chance to look at them. The Planning Department and Board have feelings about how these buildings should be re-used. They would like Council to be aware that very soon they will have to consider some of these properties and the Planning & Development Board will be making some initial investi- gations on them at their meeting on Tuesday. Celebration Group For information of the Council Alderman Meyer informed them that she and Mayor Conley spent the afternoon with the Celebrations Group concerning the city being a sponsor under certain control conditions as long as they are not liable. The matter is in the Budget & Administration Committee with power to act after receiving recommendations from the City Attorney. ADJOURNMENT: On a motion the meeting adjourned at 8:08 p.m. Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. May 4) 1977 Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro Dir. Planning & Dev. -Van Cort Building Commissioner -Hoard City Engineer -Cox -...... Supt. of DPW -Dingman Chief of Police -Herson Dep. Fire Chief -Tuckerman Dir. Youth Bureau -Cutia City Clerk -Rundle l!) LO 0 <( <( <( PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Nichols: Seconded by Alderman Bordoni RESOLVED, That the Minutes of the April 6, 1977 and April 20, 1977 meetings be approved as recorded by the City Clerk. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing -To Consider Transfer of Television Franchise from v Ceracche Television Corporation to The American Television and Communications Corporation Resolution to Open Public Hearing By Alderman Saccucci: Seconded by Alderman Boronkay RESOLVED, That the Public Hearing to consider transfer of Television Franchise from Ceracche Television Corp. to The American Television and Communications Corp. be opened. Carried Unanimously L No one appeared to speak to the Hearing. Resolution to Close Public Hearing By Alderman Gutenberger: Seconded by Alderman Bordoni RESOLVED, That the Public Hearing to consider transfer of Television Franchise from Ceracche Television Corp. to The American Television and Communications Corp. be closed. Carried Unanimously CHARTER & ORDINANCE COMMITTEE: Motion to Adjourn Public Hearing on Cable Television Franchise Transfer 1,., of Ownership By Alderman Nichols: Seconded by Alderman Bordoni WHEREAS, the City of Ithaca Cable Television Commission has requested additional time to conduct a thorough study of the facts involved in the proposed transfer of ownership of the cable television franchise presently held by the Ceracche Television Corporation, and WHEREAS, on April 27, 1977, the Common Council voted unanimously to allo- cate two hundred dollars ($200) for expenses of the Ithaca Cable Television Commission in investigating the proposed transfer during the months of April and May, T FF()R . 'RF T FC:::nrvi::n l, -2-May 4, 1977 Mr. Ralph Jordan, Executive Director of the Tompkins County Chamber of Commerce, representing the Business Development Council of the Chamber, the Small Business Council, the Industrial Development Council, talking with and for the Tompkins County Area Development Corp., the Community Development Council, the Housing & Zoning Committees and the Environmental Committees, made the following statement indicating the deep concerns over the lack of information that has been made public concerning Environmental Impact Legislation being proposed by the City Planning Department: "To the best of our knowledge, none of these groups or their counter-par~ have been contacted for input into the drafting of proposed legislation, that could indeed, put a number of our business firms "out of business" and delay projects for extended periods of up to 30 days costing contrac rs· and developers thousands of dollars. - We, once again, find it hard to believe that any agency of government would proceed with regulations having so drastic an impact upon a segment of the community's economy without first contacting those who would be so seriously impacted. I would like to point out several flaws and detriments that we believe, thru information received via media, exists in the proposals being made: (1) (2) (3) (4) The ordinance would leave the matter of impact statements up to a vary- ing degree of boards who would proceed as they, individually, see fit. This allows for statements to be requested depending on the 'attitudes' of members of a given body allowing for biases in the 'growth' or 'no growth' syndromes whichever happens to be the dominant factor. There could be cases where more than one board would be involved in a decision thus complicating split decisions and the decision-making process. The intent of the legislation has been stated as the "gathering of information for decision-makers and the public, and is not meant to stall or prevent construction projects." Let me assure everyone in this room tonight .... any time that the general public in the Ithaca area is brought into the decision-making process there are a very 'vocal minority' whose sole purpose will be to prevent tonstruction - projects and hinder any type of growth regardless of its need or benefit to the community in general. One only had to attend the recent Cayuga Station hearing to realize how ridiculous some opponents of growth can be and how they can prolong "orderly progress." The legislation states, as we are told, that City Boards would be required to reach their decision on applicant requests within 30 days of the date the final impact statement is filed. Does the City truly realize that it may take "months" and possibly "years" to gather data that such a board might require of an applicant? Most any project could easily be 'killed' by a no-growth oriented board if they desired to pursue their philosophical ambitions. To force any developer or contractor into a hearing which is desired on the part of a second or third party and demand that the party of the first part be liable for hearing and advertising costs is "pure blackmail." If it is the City that wants the hearing, then the City should pay the costs, if it be the public, then those calling the hearing should be responsible. (5) As we understand it, the law (both State and Local) is unclear as t~ the material that must be submitted and the mounds of paperwork and LD LD 0 <( <C <( -3- ,<.'?1 May 4, 1977 !!If I wish I could tell you that I have a recommendation in lieu of all this .... I do not. I w~uld suggest however that the writers of any piece of legislation be required to do their 'homework' with the elements of the community that will be impacted by their proposals, for it is only in this manner that the true benefits to any community can accrue. I would also suggest that the Council look carefully at the action taken by the Groton Town Board where a resolution, rather than local law, was adopted allowing time for a more adequate solution to this highly contro- versial and detrimental piece of legislation. May5r Conley explained to Mr. Jordan that the State has passed the so-called SEQRA Laws and has mandated the City must establish its own ordinance or Local Law by June 1. He said the Council does not intend to pass on this resolution this evening. The intention is to receive public input, and there is time for meetings with the various committees that are concerned about this. He said the position of the NYS Conference of Mayors has been to set aside these laws for an additional two-year period to provide a chance to work out of these unknowns. The Mayor said the city joins with the local labor unions, the NYS Chamber of Commerce; Allied Industries and many other organizations; we will also be working with a draft and staff recommendations before the City enacts this particular piece of legisiation. He said, however, the City is trying to comply with the State but he assured Mr. Jordan there* wi"ll be an opportunity for them to work together. Resolution to Close Public Hearing By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That the Public Hearing to consider a proposed ordinance entitled An Ordinance Adding Chapter 36 Entitled 'Environmental Quality Review', to the City of Ithaca Municipal Code be closed. Carried Unanimously Mr. Jordan further commented that he also had a couple of complements to offer to the Housing Committee some time during the evening, at the appropriate time. l,.. ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Gutenberger requested permission to add an item - a report - between Items Hand !--consideration of the Budget which the Committee has had since January, which includes some line changes in the contingency account (dollar amount remains the same) and which he believed the budget should be repassed with those changes in mind. No Council m~~ber objected. Charter & Ordinance Committee Alderman Nichols requested permission to lay on the table a possible resolution to be acted on at the June 1 meeting of the Council in case it should be necessary to extend the moratorium on building. No Council member objected. Alderman Gutenberger requested a brief Executive Session before the presentation of the Budget & Administration Committee report. No Council member objected. Alderman Bordoni r~quest~d that Chairman Ulloth of the City Cable Commission c; Iii ;(<g?! 5 -4-May 4, 1977 Mayor Conley informed the Council that under the Appointments of the Mayor item it had been brought to his attention after the agenda was published that the M;iyor serves a.ii.J a.pf.11.:,j_uL~ uae J.uly-electe<l member of Common Council to the Tompkins County Area Development Corporation,-and he said he would be making that appointment during his portion of the agenda. v Zoning Mayor Conley commented that there were people present wishing to address the Council concerning their feelings about the City's proposed zoning map, and he wondered if it wouldn't be productive to have an explanation of the zoning map before the people addressed the Council. He thought it might provide answers to questions they had and then they might or might t want to address the Council. Alderman Nichols commented that the item was quite high up on the agenda.- Alderman Meyer thought the people's input would be helpful to the Committee. Alderman Boothroyd commented that it would be only fair to allow the people to speak. Mayor Conley requested Planning & Development Director Van Cort to present an explanation of the proposed zoning map to the meeting. Planning & Development Director Van Cort explained ·the zoning map is in final draft form and that it will come before the Common Council to provide it with opportunity to change the recommendations before adoption. He said the presentation at this time was to request input from the Council; the Committee has not yet adopted the map. Mr. Van Cort briefly outlined the proposed schedule: At its meeting tonight, the Common Council, if it chooses, will pass a resolution calling for a publk hearing at the next meeting of the Council on Wednesday, May 25, 1977, at which time it is hoped the ordinance can be passed. The completed ordinance is required to be in the City Clerk's Office by Wednesday, May 11, 1977. Therefore, any input from Council has to be given at the Charter & Ordina :e meeting on Monday evening, May 9, or at a Planning & Development Committe meeting on Tuesday evening, May 10, being called on the zoning ordinance.__, He said that will be the absolute last chance if Common Council is to pass this ordinance in time to get it into effect before the moratorium on building expires. Mr. Van Cort said also tonight the Council will be asked to pass a resolution calling for a Public Hearing on Extension of the Moratorium. If there are too many questions left open on the zoning ordinance the Moratorium can be extended for whatever period the Council choose to extend it. However, it is hoped the ordinance can be passed at the May 25th meeting of the Council. At this point Alderman Nichols explained that it should not be referred to as a new ordinance--it is simply a revision of residential zoning of the current ordinance and is therefore an amendment to the current ordinance. Mr. Van Cort said he had, for .distribution to the Council, the latest and hopefully, final draft of the chart of which copies can be made available. He said he also had copies of the draft map on the wall for examination of anyone interested, in addition to one copy for each alderman which has been colored only in his or her ward. Regarding the ordinance itself, he said the Planning Department was directed by the Common Council and Planning Board to undertake a study of the • ~'I _ _!..._ __ ,,,,~.:-_ ............ 1----~•,+ -.C ,.._.,.,,,'°'~+c-hr "\T'!l ;l"\1 ~-PiP?C fflTCZ~il'<'"tiifi:e-':ciefflSlWlit>ITffl~·r:£·f't"?5lCii1[i'-~.'f~""'· •------------------------- LO LO 0 <( <( <( May 4, 1977 ,A8'"{ ffl such as increased off-street parking and on-street parking problems, problems of additional refuse and refuse in the street--that kind of thing--in addition to noise and other problems which the neighborhood groups felt were beginning to occur in their neighborhoods. An additional secondary effect is the renters can, in many cases, compete with single-family owners to the disadvantage of the single-family owners. They often can pay more for housing, outbid single-family owners. The city conducted a very carefully selected survey of 20 percent of all the households in the city to get an accurate picture of wl1at actually was going on in the neighborhoods, what the actual character of the neighborhoods was. They got a 97% return on the questionnaire, which was extremely valuable in pointing out exactly what the character of various residential neighborhoods in the city were. They found that indeed the zoning was not acting to preserve the residential character as it existed, and that over 80% of the residential properties were in one or two-family use areas. Over 80% of the city was zoned to permit multiple dwellings. This is an obvious imbalance and one which they tried to correct in the draft chart and map. This was largely the result of the fact that existing R-2 zones allow multiple dwellings, cooperatives, fraternities, sororities, and also allow families with up to 4 boarders. In a two-family dwelling there could be as many as 12 unrelated people living. This didn't make much sense if a R-2 zone was to be a one-family and two-family zone. In addition there were certain imbalances in the lot size requirements of the ordinance. For the first time the lot sizes of all the properties in the 25% sample were put on computer and they were able for the first time to know how many properties were not conforming in terms of lot size in any of the residential neighborhoods. In the zoning now in effect there is R-1 zoning which is very restrictive and from there go to R-2 zoning which is very, very close to R-3 zoning. The zoning change proposed has a more rational hierarchy of the residential zones. An R-1 zone has been created which is basically a single-family zone; an R-2 zone which is basically a one and two-family zone; and an R-3 zone which is the other kind of residential uses which occur in the city such as multiple dwelling, cooperatives, fraternities, sororities, and the other kind of group arrangements prevalent in the city. Also, certain incentives have been created for owner occupancy to correct many of the problems created by absentee landlords. Certain density bonuses have been allowed if the owner lives on the premises. Additionally the old definition of family has been revised (a group of people related by blood, marriage, adoption or other recognized legal relationship except that two unrelated people were a family even if they were not related). That has been changed so that now what is generally recognized as a family, that is to say, all the people in such a group are related by blood, marriage or adoption, and two unrelated people is another acceptable type of occupancy in an R-1 zone. There are other changes in the definition of family, or at least in the head count. Dependent children under the parent or guardian are not included in the count. On the map, instead of having three residential zones, there are now 6 (three use divisions--R-1, R-2 and R-3. In each of those there are two different sets of area requirements. The old R-1 with very large lot sizes is now R-la; also an R-lb with the same use requirements as R-la xcen. P.V ran OC"C"tlr whPr t-hl" , ,. f-c:: !lr,:, cm-:,1 ,,.,.. 'T'ho c-l... ·.,..,,. -6-May 4, 1977 Alderman Boronkay asked Mr. Van Cort what the procedure would be after persons contact him or the committee with comments, correctionsi or alterations. Mr. Van Cort answered that if someone offers a suggestion and convinces the committee he is right, the committee will change the map and take the change to the Charter & Ordinance Committee on Monday evening. If the Committee is not convinced, he suggested the person present his argument to the Charter & Ordinance Committee anyway and let them make the decision and determine how the map and chart will be presented to the Council on May 25. Mayor Conley commented that everything possible will be done to make the meetings as public as possible and he also said that Alderman Nichol is inviting all members of the Council to attend the Charter & Ordinance meeting on Monday evening so that they will become familiar with what .is- going on before they have to make a very crucial vote when it comes to the Council. Alderman Saccucci asked if suggestions can be made by mail and Mr. Van Cort said they could if they reach him by Tuesday, but he suggested they be brought in person to the Charter & Ordinance Committee on Monday evening. Mayor Conley requested that a record be made of all comments or suggestions, whether or not they create a change in the map or chart.· COMMUNICATIONS: Mayor Conley read the following letter to the Council: Mayor Edward J. Conley City Hall Ithaca, New York Dear Mayor Conley: The Bryant Park Civic Association at its Annual Meeting held April 28, 1977 voted unanimously to support both the new proposed Zoning Ordinance and the Apartment Ordinance. Support was given to the latter with the qualification that non-owner occupied properties be inspected annually but that owner occupied properties be inspected every three years. This action followed a presentation by Ms. Bickley Townsend of the Planning Department and a report from the Association's Zoning Committee. As you know, our Association has a long history of active participation in efforts to establish sound zoning regulations. During the past year the Bryant Park Civic Association joined with other civic associations to work on common neighborhood zoning concerns. It now wishes to go· on record in joining with them in approving the new proposed ordinances. Such broad support convinces us that these proposed changes are for the benefit of the whole city. Yours respectfully, Florenence F. Hoard, President BRYANT PARK CIVIC ASSOCIATION CC: Mi. David W. Fuller, South Hill Civic Assoc. Mr. David H. Cornelius, Fall Creek Civic Assoc. Mrs. Margaret Jones, Ithaca Neighborhood Housing Services Ms_ Na cv Sh ler. Eas Hill Civi c Assoc. -7- April 28, 1977 To the Members of the Common Council City of Ithaca City Hall 108 East Green Street Ithaca, New York 14850 May 4, 1977 After having the opportunity to review the suggested zoning changes that have been proposed by the City Planning Board, we~ the Tompkins County Chamber of Commerce, would like to recommend that you seriously consider the following: 1) area zoned R-2 --that when home occupation is allowed in that zone it will be by special permit only. We do believe that this would be a much fairer application of the regulation to the residents of an R-2 zone, and that the City would have a great deal more knowledge of the home occupancy in that particular zone. 2) that the Common Council not accept the-recommendation of the City Planning Board to change the areas of Fulton Street between Court Lf) and Buffalo Streets, the south side of Seneca Street between Albany Lf) and Plain Streets, Corn and Meadow Streets, and all of the north side 0 of Green Street between Geneva and :Meadow Streets from its present <[commercially zoned status to a residential R-3 status. <CAlthough we do not object outright to this proposed change, we do <[ recommend that the Common Council, prior to making any change in these outlined areas, have a feasibility study conducted before making a valid decision as to whether, in fact, it should be changed to a residential R-3. You will note on the proposed new zoning map, the City Planning Board has not allowed for any further expansion going north on Cayuga, Aurora and Tioga Streets as presently zoned, so we as a Chamber say that the areas outlined above could be used for further expansion in the downtown area for those businesses, professional ~offices or other service facilities that have to be tied in to the core of the city. ,We take this position because we feel it is important that we keep a strong central downtown area, and by not allowing expansion we could possibly force these various business and professional people to locate away from the central core of the city, and perhaps even out of the city limits which would be detrimental, in our opinion, to the City of Ithaca. We of the Chamber also feel that all the people involved in proposing these zoning changes have done an excellent job in trying to take a total overview of the city and its apparent zoning problems, and that the new proposed changes represent much more fairly how our city should be zoned. Wayne D. Leboeuf Director, Community Development Portfolio Tompkins County Chamber of Commerce April 28, 1977 To the Members of the Common Council ., -8-May 4, 1977 We would like to point out to the Common Council that this ordinance can only be as good as the effort and ~onvicticn of those responsible Lu ~t.:e chat U1e city is properly staffed to enforce it. We do feel that it is in the best interests of all city residents, but without adequate enforcement this ordinance could become one of the many regulations that are on the books today that really have little value due to the lack of people to see that they are adhered to. Wayne D. Leboeuf Director, Community Development Portfolio Tompkins County Chamber of Commerce AMENDMENT TO ZONING ORDINANCE Attorney Richard Schechter, representing Dr. Robert W. Baker, 412 N. - Tioga St., spoke briefly about one portion of the zoning ordinance--the portion which affects Dr. Baker who owns a significant number of propertiei along Tioga St. In looking at the map along Cascadilla Creek, he said there was-a little see-saw that begins a little before Aurora St. on the south side of the creek and goes all the way up to Cayuga Street and apparently includes a couple of houses on each street along the creek and basically that situation does not make any sense. The creek itself represents a natural boundary between the end of the central downtown area and the large residential community on the other side. The sensible place to put the boundary between the proposed R-2 district and whatever district is on the other side, be it R-3 or otherwise, is right there along the creek. First of all everyone will immediately know without having a.very complex title search, where the boundary is; secondly, it will reflect the situation in the neighborhoods, particularly on Aurora and Tioga Streets up to the creek. Most of the properties have now become offices--some of them medical offices, some real estate, attorney offices, but the predominant uses on both of those blocks at the time are office-commercial type use. There are very few residences left; in fact only 1 single-family residence left on that entire two blocks. Certainly the business or office uses predominate. As a matte'--" of fact, what they would propose to the Council to give some very serious consideration to is that the zoning ordinance reflect the actual circumstances in the community and that Aurora Street and particularly Tioga Street up to the creek be zoned B-1 rather than R-3 because those two blocks right now are almost entirely commercial in nature -business in nature and reflect an extension of the business area along Court Street and along Tioga on the other side of Court Street and upzoning them to R-2 or even leaving them R-3 really doesn't make any sense. It doesn't reflect the actual circumstances in the community. There is no possibility that those office uses will ever again become residential uses. If they did, it would be a deterioration to the neighborhood because the only type of residential uses possible there would be very poor ones. They think it is very important to realize that sometimes upzoning isn't necessarily beneficial to the community. Sometimes it can be very detrimental. If you have a zoning ordinance which is overly restrictive and so restricts the density of properties that the owners of those properties cannot realize a reasonable return, either through their own ownership and sale when they move out or through rental to people who are renting apartments or whatnot. If a reasonable return can't be gathered, then the owners of those properties can't keep them up and what usually occurs in an area which is zoned more restrictively than circumstances of the neighbor- hood or economics warrant, the properties do deteriorate very drasticalJ Tn _his neig] borhood the uroof of that is evident. The properties whid I -9- il13 May 4, 1977- Mr. Vincent Giordano, 57 Woodcrest Avenue, addressed the Counci:: ''I hope the Common Council does not extend that moratorium past June 1st. You have had plenty of time up to this point. If you don't have your work done, then drop it. Let the zoning people finish their zoning map, I have nothing against it except a few things brougltup here tonight -like the north side of Green Street and what Dr. Baker's attorney brought up ·· I highly agree with, of the Fulton Street area and a few of the other areas. The rest of it I think is fine. I think they have done a good job; I think they should be commended for it. But it has held up the craftsman in this area from doing anything for the last 9 months and L these people want to go to work. Now, if you can't get your work done by June 1st, don't extend that moratorium." Mr. David Cornelius, Chairman Fall Creek Civic Association, presented a petition containing 39 signatures obtained at the last meeting of the Association: ID LO 0 <( <( <( "We urge Common Council to adopt the proposed changes in the zoning ordinance and the change of Fall Creek to R-2 on the zoning map. We would like to point out especially the advantages of the following items: 2. 3. 4. s. A better definition of "family", which helps control the number of unrelated persons who can occupy a house and in- directly will help control neighborhood problems such as cars, garbage, and noise; A better definition of "multiple dwelling", which closes some of the loopholes that have led to cases of crowded substandard housing; Better control of the number of units which may be installed in buildings in the future; More realistic lot size regulations, so that the majority of properties will conform to the requirements and can more easily get permits for minor improvements; i ~ A map which recognizes that Fall Creek is basically one or two-family houses, usually occupied by the owners, and that it should stay this way in the future. We hope Council agrees that these are desirable changes which will help keep Ithaca a nice place to live in the future." In addition Mr. Cornelius offered rebuttal to Dr. Baker's attorney -that he thought most of the properties in the zig-zag zone down the south side of Cascadilla Creek are primarily residential in character. The only exception that he could think of off-hand wasthe property occupied by Dr. Baldini's dentist offices which is on the east side of Tioga Street adjacent to Cascadilla Creek. He also felt that if Fall Creek is rezoned R-2 a buffer zone of R-3 is needed between the business district. He ~aid all from Fall Creek and the other civic associations have worked on this and highly approve the Planning Department's recommendations. Atty William Sullivan said he had appeared before the Council before regarding some of the same things that have been discussed tonight. There are a couple of things he thought the Council should look at which are very telling in terms of the action the Council ought to take. In the first instance, about a year and a half ago there was a study made _by the Planning Department relative to the abundance of office space in downtown Ithaca and how it was the intent of the Planning Department and r:ouncil through the Planning Department to maximize the use of this down-"·" -+.,c.;: __ r""'_,... __ ,,,,,_ •• ...._ __ --.,.J _,__ ___ ........... , __ ., ____ _ -10-May 4, 1977 you run into the situation of non-conforming uses and applications to the Board of Zoning Appeals, and a number of other thin~~ thBt d0 t10tl • .;.Hg i.u promote tne orderly growth of the downtown area. I suggest that, as has earlier been suggested here tonight, that the creek be used as a boundary between the Business District and the residential area, that for a half a block or a block north of the creek one then install or continue the R-3 zone which takes us on Cayuga Street to Northside Pharmacy and the Foreign Car Garage which are approved business uses; on Tioga Street the R-3 would permit multiple residences in the area where you have 4-story apartment building among other things, you have on each side of Tioga Street, as I understand it, on the corner of Tioga d Farm St. and also in the 400 and 500 blocks of N. Aurora Street, inclti hg the Lucente apartments and the apartments owned by others. I can't th k of the name of the owner, but in any event there are several apartments·_a a building in the middle of the 400 block of N. Aurora St. In doing this I wish to call attention to a particular anomaly that exists in the 400 block of N. Aurora Street, and that is that north of the creek on the east side of Aurora Street you have two buildings, one of which is a funeral home and has been a funeral home SO, 60, 70 or 80 years and yet that has always been in what the law calls a residential area, and yet none of the zoning material that I have ever read includes a funeral home use as a residential zoning use. I suggest that the Council take this opportunity to permit the zoning ordinance to reflect the actual uses in the area and I certainly have no quarrel as one moves north into the Fall Creek Area of limiting the density because I think that is consistent with current use. However, on the south end of the district I think that it ought to go the other way. Thank you." Apartment Ordinance Mr. Theron Johnson, 138 Linn Street, representing the Tompkins County _ Rental Housing Assoc., addressed Council regarding the proposed apartment ordinance: "The first thing I would like to speak about is the frequency of inspection. The proposal calls for inspection every year and as most of you will agree, the Building Dept. in the past has not been able to keep up with inspection every 5 years with the inspectors they have hac1 md so it seems logical to expect that if they are going to inspect S time~ as often it would take 5 times as many people, unless the inspectors a1......., going to be working 5 times as long each day (40 hours per day). The proposals that have been put forth by the city officials for the cost of this additional inspection are very minimal in relation to what one would naturally expect would be the cost for 5 times as much work. The proposal for 3-year inspection involves 1 more inspector; 2-year inspection involves 2 more inspectors and figures have been tossed arotmd in the neighborhood of $20,000 to $40,000 as the case may be. However, usually when government starts the expanded project, the one involved regarding whether it is city, state or national, these programs take more money than expected and as they progress they snowball and take continuously more money so that our guess is that in a few years (of course it will take a lot to get this machine in gear) it would run closer to $300,000 annually. If that is the case, where is this money going to come from? I understand that the proposal at the present time -the Controller tells me for this year it will come out of contingencies. Well, contingencies are a little bit like landlords -they are the whipping boys, they get everything that nobody else will take the blame for. They blame him for it. Contingencies are used so much that sometimes toward the end of the year if some extra emergency comes along you need them for, they are no longer there.· However, it is possible that in view of the fact that it will take a while to get these inspectors employed or trained, it might be poss ~b le to t":ke it. ou' of contingencies this year, I won't argue that. Certainly con~~~~e~~~es -11- I would also like to draw your attention to the fact that if restrictions become too tight on owners and operators of multiple dwellings in the city, both from the standpoint of frequent inspection which takes a lot of time and additional cost, also in view of the zoning changes proposed, it would he much healthier for developers for new and also conversion of properties to go outside of the city into the towns and if that happens instead of the purchases of merchandise and services that the land- lord is going to make, as well as his tenants, coming to city merchants, they will go to Pyramid Mall or whereever else is closer for them. I would complement Charter & Ordinance on their action.in cutting down the discrimination between owner-occupied and unowner non-occupied. One phase of this proposed ordinance that the landlords would like to see changed is a vague statement in Item 2 which says "includes all applicable ~codes." It is like buying a pig in the bag, like a landlord renting to a tenant' and putting in the lease "you must hereby agree to any rules that I might decide to make in the future." So it is left wide open. We would like to see "all applicable codes" removed and specify exactly which codes are involved there. In regard to the fine charges, Item 3, we don't object that there might be cases where $250 fine would be in ordei but we feel it should be a sliding scale. For a minor violation LOwe feel a much smaller fine would be in order and according to the LOseverity of the violation. The worst thing that we worry about is that 0 opinions have been expressed that this might be injunctive and if so an cl <ti t takes 60 days to bring an apartment or building into compliance, the owner paying $250 per day for 60 days would justly be considered <texhorbitant. Another thing that might be objected to by tenants is another <tvague statement in Item 4 "and other pertinent information" which might be considered by tenants as an invasion of privacy. It is there again very vague and very open. I think the building commissioner at the present time has what authority he needs to get the information he needs. In fact the application that the owner makes out to get his certificate supplies quite a bit of that information already. Another thing that I would like to bring out that this apartment ordinance . has been requested in some quarters to improve the outside of the building ' and garbage strewn around the front yard, noise and this sort of thing. Lit wouldn't necessarily control all that, even because it is not presently covered in, to my knowledge, the Model Housing Code or in the State Multiple Residency Law and if landlords in more and more areas are not allowed to convert to add a room or an apartment it means at the same time then he is not going to make improvements to that property, or he is not so apt t~ because when you are adding a unit or room it gives you additional income to repay in time a certain amount of that cost and also there are many cases where it works to good advantage to do both at the same time - make improvements along with the addition of space. I would also like to point out that it has been mentioned that 35% of the buildings in the City are in areas that could be made multiple dwellings, but we have to keep in mind that a good many of those buildings in those areas are not presently convertible for many reasons: they may not have enough side yard or front yard or meet other requirements. Therefore you are greatly limiting the areas and buildings that can be converted. There is buund to be a loss of apartments over a period of time. Such things expire - such things as Tom Hoard, or any building commissioner or inspector, turning down an apartment or sometimes a whole building is condemned. I am not saying it should not be. There may be cases where it should but there will be cases where individual units will be removed from occupan~y availability and buildings will burn and sometimes buildings have been sold to families' who us~ them as single family dwellings. So in order to make up for this ~os~~-~~-~r~ey_to keep ~h~ number of ~ousing units even equ~~_with what -12-May 4, 1977 this afternoon, late, we got a copy. The last comments I did hear from -th.I:' Tth?C?:. .... Tot!-rn21 ~--rhich ~~id t?:c F:.11 c:--~~I~ llGigI.1.~vrl-J.vv<l, tI1~ blocks north of DeWitt Park, would be designated R-3. That is my interest. The blocks on the other side of the creek I agree with. I was surprised, and I can say this, with Dr. Cappucci here. His building is a dental office and a Real Estate office, the Weaver-Banfield-Schempf building is in that area. I can tell you right now the other Tioga Street properties I happen to own are not single-family occupancy. That is the only area I am speaking to -N. Tioga Street -but I was surprised when I received the map and did find that, and I also agree with Mr. Giordano that I hope we _ could get off dead center and do some buildings, but I would also like to see this thing resolved, but not too fast. I would like some comments made. I have tried to decipher the thing. I did ask the Council to cons er changing the 400 block of N. Tioga Street to a B-1 -that is my request. - That is my only request and I can assure you going down the 400 block of N. Tioga you will find that it is predominantly used again for dental offices, real estate offices, multi-family dwellings and I don't think we have downgraded it at _all. I would like to think since the 60's when we have been there that we have attempted to upgrade it and have gone on. I would like to make one other brief comment about Mr. Sullivan's comment. I do feel that this whole study, if I have read it right, has been sort of formulated around the study that was done by the prior Planning Board on a study for the µreposed rezoning of an area of the City of Ithaca from R-3 to B-1. Really I would just like for a minute to look at the study and as about a third or fourth generation Ithacan try to understand some of it. Some of the understanding of this -you know when we discussed office space availability. Office space availability and actually the feasibility or the fact of using office space are entirely two different things. Now, as long as I can remember we have had in the Commons or the State Street area areas that were available for office space. I tell you right now it is very hard and I would refer to all kinds of studies today with our contemporary society to force people into second or third floors of the Commons. I just don't think it is possible. We have lost professional people in this town. I have read the 17% vacancy thing and I agree with you, it is vacant, but I will teli you I could not get an orthopedic surgeon on the third floor of the old Ormond Hose Company, there is no way we can do it. So we do need that arrow aimed at the Comm '3 which is North Tioga Street and the 400 block I speak of only. I do '--" think we need an area to expand, we do need office space and can go over and over this again. We have lost very fine people that we would like to get in this area, come in, because we cannot offer them proper. office space. So the available office space and the usable office space I would really contend with, I would question that very much. I am speaking for the 400 block of N. Tioga St. and I think we are here to listen to the people in the area. I have had absolutely no opposition from by block, we have been through lots of hearings and all I 1 ve had are complements and support and really encouragement to change this zoning to a B-1. I have had no one on that block and if we could bring a petition to you showing, and I am not talking about over the er.eek and the residential area -I'm talking about an area that has been developed and I don't think it is a negative effect on the area, I think it has had positive effects, I feel sari of proud as an Ithacan that we hav~ added to our tax base in a considerable way. I think that is an important thing for all of us. The concern about the detrimental effects of the neighborhood really I can't buy too much. Ithaca, incidentally, is a stTc:mge town as we all know, we all love it, we have all been here and it is very difficult today -the pattern of usage cf a community changes. Back in 1900 when I started practicing it seems we were all in the Senaca building. Well, that is all changed; there is no one in the Seneca building now. People have moved ,...,,,1-'•'"' m """rl 11t-::inrl wPrP Pnro11rnrr0,d t.o rr.ove out hecause that property -:-13- ~'17 May 4, 1977 - in the place and saying I live there 01 anything else. I want to be honest about it. I think we need more office space in our area. There- fore, i can't accept this study as being a really valid study. I have had other planners look at it; l have had local realtors look at it and I have had statisticians look at it and it reminds me of the recent re s e a 1.·ch study done with the mouse and the mouse trap going a f ter the chee se were dead and the Drug Administration stated, "there is absolutely definite • nroof that cheese has a deathlv effect on the mice. This reminds me o f ihis study very much that we h~ve to have a reasonable understanding t hat usable office space is not always available. So my plea would be members of the Council and Mr. Mayor, that you would consider this very strong ly. The 400 block of N. Tioga St. is not a residential block. It hasn't been i-.-for a long time. It i.s used now for the uses I've said. We've been all through this so I would ask you to consider strongly revising your sug - gestions in this area." Ln Ln 0 <C <C <C Dr. A. Edward Cappucci, 415 N. Tioga Street, addressed the Council: "Mr. Mayor, members of the Common Council", my name is Dr. A. Edivard Cappucci I practice at 415 N. Tioga Street. I own that building with Dr. l1alc1ini and I would just simply reinforce what has al r eady been stated by Dr. Baker and Mr. Schechter. Dr. Baldini has been in that building since 1955 and i have neen there since 1957. We have never had a complaint by anyone in the neighborhood. We feel we have upgraded it. I saw the map for the first time this afternoon and it seems to me rather capricious on the part of the Planning Board to make a little zig-zag and eliminate 1 piece of property just this side of the creek. Now, one piece of property south of the creek can be a lot of difficulty when it comes time to decide who owns the property, whether someone else wants to move into it. It also seems to me to be rather unfair when you have a natural boundary, the creek, to determine exactly where that B-1 zone should end. So my plea is again to rezone that 400 block of N. Tioga Street B-1. I also would like to reinforce what Dr. Baker has said. I would guess that none of you had been aware that there had been physicians and dentists who would not come into this community to practice because there is no office space. We have lost physicians and dentists to the professional building on the Trumansburg Road. Now, a short time ago, Council became involved in the old Mobil station to bring the Family Practice Center downtown into that area. Personally I think that was a mistake, but I was in favor of bringing more physitians and dentists into the community ar~a, into downtown Ithaca area. We have a great many elderly people who live in the city. It is difficult for them to get to the professional building or any- where else out of the city limits for medical and dental care, and so if you are going to limit the area where we can open our offies, you are simply going to limit the number of professionals who are going to be available to the people who you are supposed to be serving. So my plea is primarily to make the natural boundary the creek as it has been and leave that zone B-1. I am in sympathy with Mr. Cornelius ~ I don't think there is any problem there. They have a high density but our block in N. Tioga Street and a block in Cayuga Street have been for many years occupied with professional offies: our office, a dental office; J.D. Gallagher has a real estate office upstairs. Next door we have Weaver, Banfield and McNeil. It is kind of hard-pressed to find residential areas in that block. So please give that serious consideration. Thank you very much." Mrs. Patricia Carlson, 407 N. Aurora Street, addressed the Council: "My name is Pat Carlson and I live at 407 N. Aurora Street. I would like to correct a couple comments that were made hv Dr. R~kPr ~n~ Mr_ SrhPrl,tPr -14-May 4, 1977 use. Even on N. Tioga which everyone commented on because there are a large number of offices -there are 9 residential units at least and nerhrl;)S nt-hPrs th::i.t I ccn.' t k1101·, ..!buuc. anu 1 t;hinK that in this case that Council should be very cautious about rezoning any more business area at all." Apartment Ordinance & Amendment to Zoning Ordinance Mr. Orson Ledger, 608 S. Albany Street, addressed the Council: "Good evening, I am Orson Ledger. I reside at 608 S. Albany Street her. in the city. I am a landlord and I would like to agree with Mr. Johnso on the part of the Apartment Ordinance that the applicable codes be cha ~d to describe each and every code involved in this so we know exactly wha- we are talking about. I would like to support the three-year inspection as versed to the annual inspection. I would also like to be in support of this Tioga Street block being B-1. My sentiments are a little bit different than some of the doctors. My idea is that it is close to the Court House and makes it very easy for lawyers to get into the Court House to check their records for real estate transactions and court hearings. I think that there is a lot of room on W. Seneca Street for doctors and dentists -also on State Street, maybe on Green Street where they could locate but I would not have any objection to them locating over there either but I think that this area close to the Court House is quite advantageous to the attorneys to conduct their business. Also, I would like to comment on one other little thing. It seems that a lot of people are leaving Ithaca for various reasons. I am quoting a colleague who told me one day that Ithaca, if it continues to do so, might become like Watkins, only we don't have the Glen to attract people. So I would like to have this thought about before we make any rules and regulations tonight. Thank you." Apartment Ordinance Mr. Daniel Rhoads, 620 N. Tioga Street, addressed the Council: "My name is Daniel Rhoads; I live at 620 N. Tioga Street, and I am a :member of the Fall Creek Civic Association. I am here speaking in suppo~ o.,~ the Apartment Ordinance. Now, we have listened to Mr. Johnson indicate the problem, for instance, of apartment owners moving their residences outside of the city, but we haven 1 t heard anyone mention the other side of the problem. Down in our area we have had speculators move into our area, we have seen them purchase these houses, convert them into multiple dwellings, and then they have allowed the properties to deteriorate, and not only deteriorate the value of the property that the person purchases, but devalues all of the other properties in the neighborhood. Secondly, another problem that arises because of this is the fact also that many people get very exasperated in trying to get these people, especially the absentee landlords, to clean up these places, to at least maintain them at the same level. of other people in the neighborhood. And when they can't they get exasperated enough that they end up selling their homes and leaving. I can name you instances and individuals in the Fall Creek Area who have already done this. Not only does this exodus of 1 and 2 family homes hurt the neighborhood, but it also hurts the city because the biggest taxpayer in the city is the individual property owner and if you let the erosion of the tax base of the city continue because of this we could end up in the same situation is some of these other cities, for instance New York City. I would like to have Common Council consider that." Perinheral Streets .. ·,.-,.•-~·••-~-::..t:.-Y·---- -15-May 4, 1977 Commons we have seen a tremendous amount of facade improvement done by private property owners on the Commons. If any of you have had a ch2nr:i:-_~ to sec an old photograph, even one S year old and take a look at it, the State Street area, and real ·j ?e what our city did look like a ._rery sL•, .. ct time ago, you would be absolutely amazed. But we hnvc now created an area that is as lovely downtown ::is our topography. It1u:1ca is a bec!uti£u1 town. But the Commons needs to be extended beyond the~ 1/2 block arcn that it now consists of. it needs to be extended to the peripheral s treet area. One of the first things that I de i£ I ever have a visitor coming to Ithaca, or someone who hasn't been here in a long time is to say, 11 you must see our Commons," but to get to the Commons you have to go through the peripheral street area. And that is not very attractive. So we are urging that Council adopt and implement the peripheral street improvement ~ immediately. We feel that the momentum is here now, people have the pride, the interest, in fixing up their buildings, their facades, their interes t in downtown Ithaca, and don't let's lose that momentum. Let's keep it going.11 Apartment Ordinance Jason Fane, 133 N. Quarry Street, addressed the Council: ~ "Thero are several points in this ordinance which I would like to -sugges t 0 would be unwise for you to pass. The first point deals with the frequency of inspection. It is my understanding that there are two types of in .spe c ti ~n1 <t which the Building Department and its inspectors carry out. The first <t category of inspections is that category which I will call requested c:t inspections--inspections which somebody wants to see carried out -the landlord wants the place inspected, the tenant wants the place inspected, maybe a bank considering a mortgage wants the place inspected, insurance companies maybe have an interest in electrical wiring -these are inspections which are requested inspections. The second category of inspections are inspections nobody wants, and this is the category of inspection which your proposed ordinance suggests to do 5 times as often, and this seems to me you will be provoking tenants concerned about their privacy, wasting the time of landlords or employees upon taking inspectors through to do some thing that nobody wants. It seems to me that this aspect of the ordinance is . totally unnecessary. The second aspect of the ordinance which I would like -...., to speak to you about concerns the information which it is suggested that a landlord provide. Now, just what use this information is to anybody I don't know, but there's this I can say. I don't know how any landlord in fact could go about finding out how many cars a tenant intended to have. There's no law requiring a tenant to register his cars with the landlord; he is required to register them with the State Dept. of Motor Vehicles. Another problem you have--you say, "how many people will live in the apartment?'' If the tenant elects to have a guest, or if someone moves in or moves out, it's very hard for the landlord to find out. And this applies to a lot of the other information. Perhaps there is a need for it; I suggest that if the information is that urgently needed that the Building Dept . should go directly to the tenants involved and request that the tenant provide information about himself, because there is no way that I, or anyway other landlord can get this information and even having asked to have any assurance that the tenant is telling the truth. And I would feel it a great imposition to be under potential criminial penalties because somebody didn't tell me the truth and I passed on this information and the Building Dept. felt they weren't being dealt fairly with. So this is the second point that I cam concerned about. I would like to reiterate the third point which was brought up by Mr. Johnson and Mr. Ledger concernin g that the codes concern should be spelled out. It's very hard to be asked to comply with certain laws without knowing exactly what they are. I also ...,._ ..... ,..J ,..:-1 ............................. : .. ,.-..... ..:...-.... , _____ __: __ ..,_ __ , -16-·May 4, 1977 300 -Th•~r c's anoth~r point I would like you to consider. It depends where the ,\pa rtmen t Ordinance fit s in with other plans you are discus sing. It seems to me that if you wish the proposed zoning ordinance expanding the R-1 and R-2 areas to hf> ,11cc1"<o5f1..,~~, --:.::d ;::!..::;c t.0 .::i.VviJ p1..d:Ling a severe hardship on the renting public in the City of Ithaca that you should abandon any consideration of this apartment ordinance at this time. I'll tell you why: \{Gat this does, it starts pushing people into the remaining areas which are legal for rental housing -namely R-3 and certain B zones. If at the same time you are also going to step up your enforcement, you've got certain apartments which may not strictly co1nply with code. I'm not saying that they are unsafe, they maybe have the outlets too far apart, maybe a ceiling which should be 7 1 611 high may be only 7'4" high. Inspp,cto1 cannot pass this apartment. You've got two choices: you can shut the apartment down, which I think gives you tremendous back pressure in frustrating your purpose on the zoning ordinance, or else you can start f ining people. Now the problem that the landlord has -there are times - \vhen no matter how badly he might like to comply with ordinance he hasn't got the money to do the changes that are suggested, or if he's got the money he can't find available manpower. I must admit in recent months with the moratorium, manpower has been more plentiful. But the question of money is largely determined in Washington. You've got periods of tight money; you've got periods of loose money. In periods of tight money banks are just not making improvement loans or other loans concerning real propert And while I'm on the topic of banks I'd like to tell you about another concern which I have. It has been my experience in talking with the local banking community that as more legislation of thetype your're considering gets passed, the banks get leery of investing their money in either mortgages or improvement loans in rental property. To the extent that banks are afraid to lend on this property, there are mighty few property owners that have any way they can finance improvements to meet code or otherwise. Thank you." Sharon Flank, 407 Eddy Street, addressed the Council: "I represent Cornell Public Interest Research Group. I'd like to address some points that Mr. Fane spoke of. First of all, at a certain point he confuses the apartment ordinance with the zoning ordinance in that the apartment ordinance covers inspections and the zoning ordinance treats density of housing . Let's try and keep that strai ght. As a renter and......., a s a student, and subject to those inspections, I do not object to them and they do not disturb my privacy. I conside r th em useful. It may be impractical at a certain poi.'lt to ins pect them eve ry year, since they may have fallen behind in the pack (they mi gh t be eve ry year and two months) I don't care, it's an improvement, it's a terrific improvement. Regarding t he fine of $250, that fine should ne ver have to be i ~p osed. It doesn't 1na tter how high it is for a little o ffense, it's the period which the o f fender has to remedy that which is in violation o f the fine. He should be reasonable, he should get that in writjng, but the fine should never h ave to be paid, so let's keep it hi gh a s a. deteTrcnt. On page 2 of the apa rtment ordinance as I have it, Item 4 says that before issuing a certificate of compl iance property own e r s hall provide the city suc }t data as the number of sleep ing r ooms, r esiden ts, parking spaces and o t her pertin ent inf ormation. Gth e r p~rti_nen t in fo r;nat iun .i.s a very loose c l ause and I'd l i ke to have that s tn.i.ck. Furt her 0 n in the ordinance there is a quest i on requestin g data -t l1at's fine ; but s hall be required ro provide I thi nk is awfully s t rong , and other pe rtinent information can i nclude things tha t are intrusions on uur prS.vacy. Thank you." c M,.uray VanMarter; 20 9 S, Gen eva Street, adclrc;::s1.::d the Council: May 4, 1977 all 7,ones and permitted is group homes. One of my questions was intcndc~d to be, "who in all these neighborhoods did support this inTroductio,: ~i!~-o R-2 and R-1'? I got p2.rt of the answer here tonight where Belle Sher:1 ,2.:~ anJ fall Creek have written in support and all it r.tc a.ns i:o me is they don't know wlwt is in this und what is imp lied. Further, the group hc;1:c: j_ ~. permitted in ~my district. The other question was, "who would. ::;upport U1~;c':';' And I don't think there's an answer but I'm putting it to you the bes t way ·I can in the form of a question. New definitici'ns required -you have inserted words here that h.ave no·c appeared before like block space, and under home occupations you have residence household. I would urge you very much to look at that carefully . In regard to density control for group houses in R-la requires over 6 residents an additional 1000 square feet of let size which produces a requirement of 16,000 sq. ft. If I had a few more days or a few mo re hours I could find out the 8 or 9 locations that this could occur in every R-la, R-lb district. R-lb is 12,000. When we get to R-2 the additional 1,000 per individual 0ver 6 amounts to a lot size of 1.1,000 and I can poiitt LO out the dozen tha t might occur and I can assure you tha t it won't h s.ppen . LO In R-3 it's even more cute, for e:1c:h additional ove r 8 it requires J !OCO. This means i~ R-3a would require a lot size of 9,000 sq. ft. If we ha<l a 0 little time u:i. waybe the computer can answer this -would indicate how few <t locations th2,t might be. In R-3b the lot area in gross required is 7,000, <t so some comedienne would tell you that the big print gives it to you and <t the small print takes it away. I'm not going to say that to you, but I'm going to ask you to look at it and see what you've done. There needs to be a place for these people, they can't be all beautiful like you anci I. There's definite defect, and I encourage you to look at it, and I encourage you to correct it before it comes to the point where som ebody makes an application, goes to the Board, they stand up and say: you have got 3 requirements I have to show -that this is unique in the neighborhood, it doesn't occur with any of my neighbors' lots, houses, neighborhood:3 . I have to show that the other two requirements. He can't show them; there's 1 now way in the world he can show them. All he can do is stand before the ~ Board and say, "these ridiculous requirements were imposed, they were supported by people in at least two areas of the city, and I have no Ivay to meet it, and l'm saying to you that none of these can happen the way· this is written. If it's done intentionally, you ought to be critici zed; if it's no! don~ intentionally, you have the possibility of correcting it so that this thing could be made to be workable. Thank you." Council recessed at 9:20 p.m. Council reconvened into regular session at 9:35 p.m. PLANNING & DEVELOPMENT COMMITTEE Peripheral Streets Report: Anton Egner, architect for design of the peripheral streets, presented concept plans for the peripheral streets, purpose of which is to effect better usage of these streets around the Commons by pedestrians, as well as vehicles. Discussion followed. COMMUNICATIONS FROM THE MJ\YOR -18-May 4, 1977 Environmental Commission .'-~,:i•J.i. ~v11:i.ey rea,l e11e r-esignation of Richard W. Steinbaugh from the Environmental Commission, effective immediately, and requested that the Commission make recommendation to him so he could make an appointment to fill the vacancy at a future meeting. Tompkins County Area Development, Inc. Mayor Conley read the following letter to the Council: ~1ayor Edward J. Conley 108 East Green Street Ithaca, New York 14850 Dear Mayor Conley: - In accordance with the By-Laws of the Tompkins County Area Development, Inc., the City of Ithaca has two representatives on our Board of Directors, one of whom is the Mayor and the other a duly elected member of the Common Council, who is appointed to our Board by the Mayor. We would appreciate your appointing someone to fill the vacancy caused by the death of Anthony Spano and advising us of your appointment. Very truly yours, R. Davis Cutting President Mayor Conley announced his intention to appoint Ald~rman Bordoni to serve with him on the Board of Directors of the Tompkins County Area Development, Inc. Boa rd of Public Works Mayor Conley announced that he had received the resignation of Stuart W. Stein, Co:nmissioner of the Board of Public Works who is out of the country on sabbatic J.eave. ........, Mayo r Conley announced the appointment of Robert B. Allan, 125 Eastwood Terrace , as Commissioner of the Board of Public Works for a term to expire December 31, 1979, to fill the vacancy created by the resignation of Stuart W. Stein. Re sol ution By 1\.1 dcrman Holman: Seconded by Alderman Horonkay RESOLVED, That this Common Council hereby conn.rms the appointment of Robert B. Allan as Commissioner of the Boa.rd of P;.1blic: iforks. Carried Unanimously Hl'.yo:::-C,:.1nley corni;ieuted that he will be c,pryointing a representative of t he joJ.rrl o:f Fub ll.c \forks to serve 'Yt1 the Planning l~oard t:nd 2. representat.i.;.'c ta ~he Urban Renewal Agency very soon. CITY ATTORNEY 1 S REPORT --···-···-···------·-··--------·--·•----·--·-~---··--·-- Center for the Arts: 111 111 0 <t <t <t -19-May 4, 1977 NOW, THEREFORE BE IT RESOLVED, Thr1t the City Attorney be d: rected UJ prepare an a1ncndment to the above: 1ef.::rcnccd Jeasc to incJ11c:e tl1:~ additional la:acl ~•s. requested ;ind t:11at the Mayor be and he hciTby i: authorized to ex<~cute same'. Discussion followed on the floor. A vote on the resolution resu1ted ;:is foJ:!ows: ' ( 9 '\ Ayes c J -Boothroyd, Bordoni, Bcronkay, Nichols, Saccucci, Slattery Abstention (1) -Holman DcnnJs, Gutentergt£, Meyer, Carried City Attorney Shapiro rercr:·tc<l th&t all L 11vsuits pending at the previous meeting of Cumrnon CounciJ are still pending. CHARTDR & ORDI>JANCr: COi,E•.iITJ'EE ~artment Ordinance: Alderman Nichols rcportc.d that, at the recommendation of the City 1\tto::r::iey, the committee 1voulcl. Jcave out temporarily, with everyone's permissj_on, Sect. 27.46 because it is their intent to amend a later section in the Housing Code which uill be dealt with next month by bringing in a nE1v Paragraph 27.57 which will apply to the entire code, not just to the Apartment Ordinance. Resolution By Alderman Nichols: Seconded by Alderman Bordoni ORD lI~ANCE NO. 7 7 4 1 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, L.New York, that Chapter 27, Article I of the Municipal Code entitled "Housing Code" is hereby amended by tl.te addition -of the following: Section: 1 PART 7 APARTMENT ORDINANCE 27.44 Inspection of Rental Units All rental dwelling units shall be inspected annually by the Building Department. The Building Department shall determine a schedule for the performance of such inspection. 27.45 Certificate of Compliance a. The Building Department shall issue annually a Certificate of Compliance with all applicabale City codes to all rental dwelling units covered in Section 27.44. b. The Building Department shall not issue a Certificate of Compliance to any rental unit as described in Section 27.44 that is 1n violation of any applicable code. V -20-May 4, 1977 Section 2. Effective Date This Apartment Ordinance shall take effect on July l; 1977, after publication of the notice pursuant to Section 3.11 B of the City of Ithaca Municipal Code. Discussion followed on the floor. The following amendments were offered: By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That p. 2 7. 46 be amended by striking 'the Building Commissioner or the Director of Planning & Development may request, including, but not limited to the following:' Carried Unanimously By Alderman Gutenberger~ Seconded by Alderman Saccucci RESOLVED, That pps. 27.44 and 27.45a be amended by replacing the word 'annually' with 'every three years.' The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Nichols voting Nay Mever voting Aye Saccucci II Aye Bordoni II Nay Boothroyd II Aye Gutenberger " Aye_ Holman II Nay Boronkay II Aye Slattery " Nay Dennis ti Aye Ayes (6) Nays (4) Carried A vote on the original resolution as amended resulted as follows: Carried Unanimous....,.. ORDINANCE NO. 77 -4 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, that Chapter 27, Article I of the Municipal Code entitled nHov.sing Code 11 is hereby amended by the addition of the following: Section: 1 PART 7 27.44 27.45 APARTMENT ORDINANCE Insuection of Rental Units ---·-··>..._ -------~---·-······--~ ----- All rental a~elling units shall be inspected every three years by the building Departrr.f.;nt. The BuiJ,J-ing D'c'.partme:1t shall de t•~rmine a s chc.J ulc for the pc rxOL! 1::mce cf such inspectitin. Certificate of Comnliance -------------___________________________ (' ----·---·--- a. The Eu i 1 ding Dcp a ~t:::e:rt t s h:i 11 issue: C-:!Vcry th n~ e ye a Ts a Ce:·t:i.ficate uf Ccr,:pJiance 1::~th 2.11 aup1icab1e City ancl State -21-May 4, 1977 111 each dwelling unit, 3) number of sleeping rooms in each dwelling unit, 4) number of families living in each dwelling unit, 5) number of unrelated inc'lividuals in each d11·cl1tni1, unit: 6) number of vehicles owned by residents of the prc11:iscs. Section 2. fhi s Apartment Ordinance shall take after publication cf the notice pursuant City o~ Ithaca Municipal Code. effect on July 1, to Section 3.11 B 1977, 0 .r .... l·, ·, .L L.11. L· State Environmental Qut.lity Review Act, Local Guidelines -Public Hearing I I By Alderman Nichols: Seconded by Alderman Boronkay BE IT ORDAINED by the Common Council that the City Clerk shall advertise """"""a public hearing to be held on June 1, 1977, at 7: 30 p.m. in Common Council Chambers at J.08 East Green Street on a proposed chapter of the Municipal Code implementing and specifying local guidelines for environmental quality review. Carried Unanimously LO Zoning LO Proposed Changes to Zoning Ordinance -Residential Districts v 0 <( By Alderman Nichols: Seconded by Alderman Bordoni <(RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGE(S) TO ZONING <( ORDINANCE PERTAINING TO RESIDENTIAL DISTRICTS AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING WHEREAS, on September 1, 1976, the Common Council of the City of Ithaca directed the Planning and Development Board, with the Building Commissioner, to undertake a thorough review of residential zoning in the City, and WHEREAS, this review has been completed and the recommendations arising : therefrom have been referred to Council by the Planning and Development L Board, THEREFORE, BE IT RESOLVED that Ordinance No.~~_entitled "An ordinance amending Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code," to provide for certain changes in the residential districts and regulations, be and it hereby is introduced by 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 25th day of May, 1977 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, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing. 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. -22-May 4, 1977 BE IT RESOLVED, that Ordinance No. entitled "An ordinance amending Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code" to 11ruvidt: for t:ALend.ing a Lt:mpo1.ary moratorium on certain Building Permits and Certificates of Occupancy 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 on 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 1st day of June, 1977 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, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing. 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 temporary moratorium for its report thereon. Carried Unanimously v Trapping Ordinance Alderman Nichols reported that Chief of Police Herson feels that the Conservation Law seems to protect the City and the committee should withdraw the Trapping Ordinance. Resolution . By Alderman Meyer: Seconded by Alderman Slattery RESOLVED, the Trapping Ordinance be withdrawn from the agenda. Noise Ordinance No report. Administrative Code No report. Method of Filling Vacancies on the Common Council Carried Unanimously 1 Alderman Nichols reported that this item has been discussed in committee, but the committee has never been able to vote on it; and she requested that the sponsor present to the committee some form of legislation which they would like to propose. PLANNING & DEVELOPMENT COMMITTEE 1.--?01:!th Hi 11-Columbia Street School P].:E:y_g_:!·0~12_<_! By Alderman Meyer: jeconded by Alderman Holman WHEREAS, Columbia Street Annex is a significant local landmark which is currently being investigated for landmark status by the ILPC, and - LO LO 0 <C <C <C L, -2 3-May 4, 1977 BE IT RESOLVED: 2. 3. That the portion of the ICSD property currently used for stairs and open space be purchased by the City and developed and maintained as a park, including the walkway and the section of the land leading to it. That staff is hereby directed to ~n~tigate acquisitj_on and development of the pd v at e propei:'ty ""Ncatecf across Columbia Street and extending to Hillview for a neighborhood playground, and <: That staff investigate the availability of State and Federal funds for acquisition and improvement of the property, 4. That in granting of a variance for reuse of the property that the BZA and the City consider the following: that the building not be demolished but rather renovated for up to 8 units of housing to be utilized by families with occupancy limits as imposed by the proposed R-1 zoning regulations. Carried Unanimously Celebration-Center Ithaca By Alderman Meyer: Seconded by Alderman Dennis WHEREAS, The Celebrations Ithaca is scheduled for the fall of 1977, and WHEREAS, Common Council has previously indicated its support for this event by allocating funds for it, and WHEREAS, A proposal for a modular activities environment as presented by Robert Leathers would benefit the City at its temporary location on the presently vacant Urban Renewal site in downtown and later at the reuse sites throughout the city, and WHEREAS, The Ithaca Urban Renewal Agency has resolved to provide $3,000 for part of the structure to be reused in the CD target area, BE IT RESOLVED, That this Common Council appropriates $3,000 for construction of the activities environment as proposed to be designed and constructed under the direction of Mr. Leathers. Carried Unanimously Collegetown Report Alderman Meyer reported that Mayor Conley, the Planning Department and the aldermen have been working with the Collegetown merchants to continue development and expand on the work begun there last year. Six-Mile Creek-Circle Greenway v By Alderman Meyer: Seconded by Alderman Holman WHEREAS, the Six-Mile Creek wildlife area is heavily used during the summer months which creates a parking problem, AND WHEREAS, the area for the cars to be parked has not been defined creating both illegal street parking and parking south of the bridge on undeveloped land, I I -i -, :\ f l ti f -24-May 4, 1977 Windows--Council Chambers Alderman Meyer withdrew the item from the agenda. ~ Right-of-way for Proposed Relocation of Utilities -Elmira Road By Alderman Meyer: Seconded by Alderman Dennis RESOLVED, That the Common Council authorizes the Mayor to sign and instrument granting a 20 ft. utilities right-cf-way to the NYS Electric & Gas Corporation, the NY Telephone Company, Ceracche Television Corporat.ion and the City of Ithaca for the purpose of constructing and maintaining a utility pole line across property of the City of Ithaca and maintainin a utility pole line across property of the City of Ithaca known as the Elmira Road pumping station; the said easement to be 20 ft. wide, contiguous to the southeasterly property line of the said pumping station property and extending from land of Donald Enright to land of Cutting Holding Corporation. Carried Unanimously Cliff Street -Off-Street Parking Mayor Conley appointed a committee, Aldermen Meyer and Saccucci, to work on the item and bring a recommendation back to the Council. Resolution By Alderman Meyer: Seconded by Alderman Dennis RESOLVED, the item, the Council Agenda. Cliff Street-Off-Street parking be removed from A vote on the resolution resulted as follows: Ayes (9) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Meyer, Nichols, Saccucci, Slattery Nays (1) -Holman Carried INTERGOVERNMENTAL RELATIONS COMMITTEE Alderman Dennis reported that he had called a meeting of the committee - to advise on the possibility of the city joining the Intermunicipal Commission on Cable Television, however, no one showed up at the meeting. Alderman Dennis comnented that this item appears under Budget and Administration's Agenda. BUDGET AND ADMINISTRATION COMMITTEE City Health Insurance: By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That there is hereby created a Labor-Management Health Insurance Committee whose membership shall consist of the Budget & Administration Committee of Common Council and representatives of the five labor unions in the City, and BE IT FURTHER RESOLVED, That this Committee shall monitor the City's present health insurance program and i11vestigate the benefits and costs of other health insurance programs for possible recommendations to Commer l. Cl l Jn C' ·j 1 . -25-May 4, 19 7 7 GIAC Phase II Capital Project: v By Alderman Gutenberger: Seconded by Alderman Slattery WHEREAS, The Ithaca Urban Renewal Agency has undertaken to facilitate renovations to the GIAC Building, THEREFORE, BE IT RESOLVED, That the Agency requests that Common Council establish a capital project known as "GIAC Building Improvements -Phase II" in the amount of $65,000; said funding to be totally drawn from the Second Entitlement Period Community Development Fund Account Number 8662 known as Public Works and Facilities, subject to the approval of the 'thaca City School District. l vote on the resolution resulted as follows: Ayes (9) Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery Nays (1) Boothroyd Carried LO'raffic Violations (12/15/76) ~lderman Gutenberger reported that his committee had met with the City ourt Judge to discuss the matter and the problem seemed to be that here is confusion regarding the current procedure for penalties, and he tickets being used are extremely old and not up to date. There is <l 4-month's supply of tickets on hand; new ones will be reordered within the month. The committee arrived at the following recommendations: 1. Print on the tickets the information that any parking infraction paid for within 24 hours -the fine is $1.00, 2. Cite on the ticket exactly what penalties are for disregarding the ticket, and the dollar amounts of the penalty, '. Install a second collection box in City Hall to facilitate payment of tickets. Mayor Conley requested that the item be removed from the agenda. No one objected. Tompkins County Fall Festival (4/6/77) City Attorney Shapiro reported that this item had been resolved. Mayor • Conley requested the item to be removed from the agenda. No one objected. Summer Ithaca By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with Summer Ithaca to provide financial support in an amount not to exceed $1,000, and BE IT FURTHER RESOLVED, That $1,000 be transferred from A1990 Contingency Account to Al0l0-400 Legislative-Contractual Expenses. A vote on the resolution resulted as follows: yes (8) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Meyer -26-May 4, 1977 Transfer of Funds ~nd Amendment of Equipment List -Police Dept. By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the 1977 Authorized Equipment List for the Police Dept. be amended to include 2 additional police vehicles, and BE IT FUTHER RESOLVED, That $7,491 be transferred from A1990 Contingency Account to A3120-200 Police Department -Equipment. Carried Unanimousr Adoption of the 1977 City of Ithaca Budget - By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, This Common Council adopted the 1977 City Budget on December 29, 19 76, and WHEREAS, the Budger & Administration Committee has reviewed departmental requests for budget revisions, and WHEREAS, it is the consensus of this Common Council that the total appropriation as set forth in the City of Ithaca Budget adopted on December 29, 1976, is adequate for the operation of the City for 1977, and WHEREAS, it is necessary to adjust the distribution of Account A1990 - Contingency as follows: $100,000 -Regular 22,094 -SPCA Contract 15,000 -Collegetown Improvements 50,000 -Rebuild 3 RR Crossings 5,000 -Parking Lot "E" 10,000 -Stewart Avenue Retaining Wall Repair 10,000 -Planning Department 13,000 Safety Inspection $225,094 NOW, THEREFORE, BE IT 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. General Fund Appropriations b. Revenue Sharing Fund Appropriations c. Water Fund Appropriations d. Sewer Fund Appropriations e. Debt Retirement Schedule f. Capital Budget g. Schedule of Salaries & Positions -General Fund h. Schedule of Salaries & Positions -Water & Sewer Funds i. Authorized Equipment Purchases -General Fund j . Authorized. Equipment Purchases -Water Fund ' .I( • Authorized Equipment Purchases -Sewer Fund Discussion followed on the floor. LO LO 0 <( <( <( -27- 311 May 4, 1977 tifi WHERAS, Available and estimated revenues total $8,188,852 leavi~3 $2,103,453 as the amount to be raised by taxation, and WHEREAS, The Assessment Roll for 1977, certified and filed by the Assessment Department of Tompkins County, has been footed and proved and shows the total net taxable valuations of $105,544,308, and WHEREAS, Under Charter provisions, the tax limit for City purposes amount to $4,355,005 for 1977; NOW, THEREFORE, BE IT RESOLVED, That the tax rate for general City purposes for the fisc~l year 1977 be and the same hereby is established and fixed at $20.00 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1977 tax roll, thereby making a total tax levy as near as may be of $2,103,453, and BE IF FURTHER RESOLVED, That the amount of said tax levy be spread and levied and the same hereby is levied upon and against the respective properties shown on said City Tax Roll in accordance with their respective net taxable valuation at the rate of $20.00 per $1,000 of such taxable valuations, and 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 L BE IT FURTHER RESOLVED, That the total sum of $10,292,305 be appropriated in accordance with the Tax Budget as adopted, to the respective boards, offices and departments of the City for the purposes respectively set forth therein. The 1977 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: 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 $ 29,841,800 $ 230,881,016 $ 260,722,816 $ 160,104,675 (61.4%) $ 100,618,141 4,926,167 $ 105,544,308 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Dennis Voting Aye Slattery Voting Aye Boronkay II Aye Nichols II Aye Gutenberger II Aye Saccucci II Aye Bordoni II Aye Boothroyd II Aye Meyer II Aye Holman II Aye 1 -28-May 4, 1977 Authorization for Enclosures in 1977 City Tax Bills :;:;1 Aluennan Gutenberger: Seconded by Alderman .Boothroyd RESOLVED, That the City Chamberlain is hereby authorized to include with the 1977 City Tax bills enclosures which pertain to the Ithaca Commons Assessment. Carried Unanimously v Tax Sale Properties By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, It has become increasingly apparent that properties in the City of Ithaca are being sold at Tax Sale which are important to the overall - development of the City, and WHEREAS, it is the consensus of the Common Council that better control of these properties is necessary for the orderly development of this community; NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee whose membership shall include the Superintendent of Public Works, the Building Commissioner, and the Planning Director and City Controller which Committee shall review all properties which are to appear on the Tax Sale Notice and shall transmit said list of properties with recommendations for the disposition of said properties to the Budget and Administration Committee of Common Council before formal advertisement of said Tax Sale, and BE IT FURTHER RESOLVED, That the Budget and Administration Committee shall recommend to the Common Council purchase of said Tax Sale properties as they deem to be in the best interest of the City for its orderly and economic development. Carried Unanimously Travel Authorizatiion for Citizen Committees By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That this Common Council does hereby delegate and grant to the ~ Mayor the power to authorize travel for members of Citizens Committees as he shall deem to be of benefit to the municipality, provided there shall have been an appropriation for these expenses of travel. Carried Unanimously Schedule for Revenue Sharing Requests By Alderman Gutenberger: Seconded by Aldermand Boothroyd RESOLVED, That this Common Council establish the following schedule for the receipt of applications for 1978 Revenue Sharing Funds: 1. All requests for Revenue Sharing Funds must be submitted to the City Controller on or before June 1, 1977. 2. All requests will be submitted to the Human Services Coalition of Tompkins County for review and recommendation returnable on or before September 1, 1977. Carried Unanimously I_ompkins County T.V. Cable Commission Appropriation Bv Alderman Gute berqer: Seconded bv A Jerman Boothrovd -I..':) -May 4, 1977 Audit By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $32,921.99 as listed on Audit Abstract #4/1977 be approved for payment. Carried Unanimously REPORTS OF SPECIAL COMMITTEES: Alderman Slattery announced that the Ithaca Housing Authority has hired Mr. John Austin as Coordinator of Section 8 Housing. Common Council adjourned into Executive Session at 12:20 a.m. to discuss a personnel matter and reconvened into Regular Session at 12:32 a.m. BUDGET AND ADMJNISTRATION COMMITTEE Personnel -Youth Bureau By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That Dennis Byron be appointed to the position of Assistant LI)Youth Bureau Director at a salary of $13,217 per annum effective January 1, LI)l977; said appointment to be provisional and subject to the rules and 0 regulations of the CiviJ Service Commission. <tA. vote on the resolution resulted as follows: <C <tfyes (9) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Meyer, Nichols, Saccucci, Slattery Nays (1) -Holman ADJOURNMENT 1n a motion the meeting adjourned at 12:35 a.m. i ....... Carried ........ LO LO 0 <t <t <t L COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Special Heeting 5:00 P.M. Hay 11, 1977 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller -Daley City Engineer -Cox Architect -Anton J. Egner Builcing Commissioner -Hoard Dir. Planning & Dev. -Van Cort Supt. of Public Works -Dingman BPW Comrr,issioners -Allan, Shaw, Schickel, Whispell City Clerk -Rundle ADDITIONS TO THE AGENDA: Budget & Administration: Alderman Dennis requested permission to add an ite1,1 regarding Fire Departrnent personnel. No Council member objected. PERIPHEFAL STREETS PROJEC'l': v 'ilaults Mayor Conley explained that there are a number cf vaults located under sidewalks i~ the peripheral streets area. Some are not usable; others are vacant but usable and others are still of commercial value and in active use for storage, mechanical equip- ment or other purposes. A determination has to be made as to whether these should be retained, and if so, who should bear the cost of their improvement. Staff recommends that only those vaults be retained where the owner is willing to pay for their improvement, and that owners be required to pay for the ir1provement rather than be charged an annual use fee. City Engineer Cox reported that Fire Chief Weaver had recently written to Supt. Dingman .... "we are also concerned about any decision that will allow continued use of sidewalk vaults. In the event that we need to support an outrigger for the aerial scope the load bearing is in excess of 10 tons so we hope none will be allowed and if allowed, they will be restricted in area." Resolution By Alderman Boothroyd: RESOLVED, That the staff recommendation be accepted and approved Discussion followed on the floor. Alderman Boothroyd withdrew his motion due to the lack of a second. Alderman Boothroyd left the meeting at 5:27 p.m. Sidewalks the Council. Mayor Conley explained that improvement of sidewalks is generally the sole responsibility of the abutting owner, but at the time of the planning of the Commons, the city made a cooriitment to the rebuilding of sidewalks in the perip~eral streets area. Staff recommend that in accordance with the conu,1itments previously made by the city the sidewalks be paid for by the city. Water and Sewer Utilities \/ -2-May 11, 1977 Resolution Bv AldPrmr1n MPVP,1'"! f;ornnnon h~, A1 MO:>'""'"'"" H".'l~"'-"' RESOLVED, That only after the owners have been apprised, then when this project goes out to bid the owners will be charged for the part of the project which they normally would be charged for. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (2) -Meyer, Holman Nays (5) -Bordoni, Nichols, De:mis, Slattery, Saccucci Abstention (2) -Gutenberger, Boronkay Absent (1) -Boothroyd Motion Defeated By Alderma."l Slattery: Seconded by Alderman Saccucci RESOLVED, That Council approves staff recommendation, that any replacement of water or sewer mains be charged to the ~ater and sewer fund since these irr~rovements would have to be made eventually and would at that time be made from the appropriate fund. Secondly it is recomn.ended that the cost of replacing services to individual buildings be shared by the city and the private owners with the city paying for excavation of the utility. In addition, any improvement to the utilities inside private buildings would be the responsibility of the owner. A vote on the resolution resulted as follows: -Bordoni, Nichols, Dennis, Slattery, Saccucci Holman Ayes (5) Nays (1) Abstention Absent (1) (3) -Gutenberger, Boronkay, Meyer -Boothroyd v Sidewalk Maintenance " Carried Routine sidewalk maintenance such as sweeping and snow re.rnoval are by local ordinance and tradition the responsibility of abutting owners as are repair and replacement. - The city has decided to take over this maintenance responsibility from private owners - abutting the Commons. It was felt that expanding the city's responsibility for maintenance on the Commons w2.2 justified for a number of reasons including that the dividing line between the city's responsibility and the private owner's was blurred when curbs were removed and secondly because it was felt that the Commons with its park-like atmosphere was a showplace for the city and should receive a high level of maintenance. Staff recommends that the city take over responsibility for street sweeping and snow removal from sidewalks in the peripheral streets area. Alderman Dennis co~J11ented it is very important to find out if the owners are willing to pay fer part of the maintenance. Director of Planning and Development Van Cort comme!1ted that the most .inportant item before the CounciJ. -tonight wn.s 2_.:;>pr?val of the Schc."":la"!:ic Design fr, order that the architect can proceed. Resolution By Alderman Gutenberger RESOLVED, t.riat the matter of peripheral street improvements be tabled and referred to the Budget and Administr2.tion Commit-tee for proper analysis and figures. 11) 11) 0 <( <( <( -3-May 11, 1977 when you get into it for 1978." He also said he thought it would be wise to review the contract with Mr. Egner. It limits him v0 ry severely in what he can do as a professional to provide an improvement for the city of the same quality and comple- menting the Commons. He suggested the city very seriously consider revising the contract with Mr~ Egne:::-so that he does in fact handle the vault problem; also so that he is involved with our engineering staff in producing a single set of cor1tract docUJ.uents so that when we do the job, scheduled as we may best deterBine to do it at some future date, (Council has to be involved in that), when all that is done we have a single set of documents most expeditious manner. project. and we can use a single.contractor to do the work in the It puts Mr. Egne1.· in the position of coordinating the whole Mayor Conley added that Mr. Egner should be limited to technical aspects and let the Planning Department or someone else handle the public relations aspect. City Engineer Cox said he does not believe we should ask Mr. Egner to design the vault' rehabilitation in each instance or spend a great deal of money designing, perhaps, on vaults which will be abandoned. He thinks once we have Council's direction on what are we going to do with these vaults, which ones we are going to maintain, and which ones we aren't, then we can spend the desi~n bucks on those that we are going to keep, but he doesn't think it would be prudent to ask t1r. Egner to come up with detail designs on each vault so that we can arrive at some kind of a price, and then go to the owner. Resolution By Alderman Slattery: Seconded by Alder~.an Bordoni WHEREAS, the Peripheral Streets Project is an essential component in the City's overall program of downtown revitalization, and WHEREAS, Common Council has previously allocated $346,441 for the Peripheral Streets Project, and WHEREAS, the schematic drawings for the peripheral streets as presented by Anton J. Egner have been reviewed and approved by the Board of Planning and Development; BE IT RESOLVED, That the Common Council accept the schematic drawings for the Peripheral Streets Project as presented, and directs that the project design be implemented as rapidly as practicable. A vote on the resolution resulted as follows: -Bordoni, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery Gutenberger Ayes (7) Nay (1) Absent (2) -Boothroyd, Boronkay Carried Resolution By Alderman Meyer: Seconded by Alderman Holman RESOLVED, That staff be directed to prepare a contract between the City and Anton J. Egner to provide those additional professional services necessary for Council to make the policy decisions prerequisite to implementation of the Peripheral Streets Project. A vote on the resolution resulted as follows: Ayes (2) -Meyer, Holman Nays (5) -Bordoni, Nichols, Dennis, Saccucci, Slattery Abstention (1) -Gutenberger Absent (2) -Boothroyd, Boronkay g /8' -4-May 11, 1977 ~ Sidewalks Resolution By Alderman Dennis: Seconded by AJ.derJ112.n Slattery RESOLVED, That Council a_;?proves staff recommendation that in accordance with the commitments previously nade by the city the sidewalks be paid for by the city. A vote on the resolution resulted as follows: Ayes (5) -Bordoni, Nichols, Dennis, Slattery, Saccucci Nays (3) -Heyer, Gutenberger, Holman Absent (2) -Boothroyd, Boronkay BUDGET & ADHINISTRATION Carried Alderman Gutenberger reported that ,an emergency situation has arisen -the Fire Department has had a part-time account clerk/typist who has worked a number of years part-time while contributing time on his own, thus doing a full-time job. As of yesterday, he has left the city's employ. Fire Chief Weaver cannot find anyone who will put in the mmber of hours which this person diq on a part-time position so he is asking for the part-time position to be upgraded to full-time. Resolution By Alderman Gutenberger: Seconded by Alderman Saccucci - RESOLVED., That the Fire Department personnel roster in the 1977 City Budget be amended to include a full-time Account Clerk/Typist in lieu of a part-time Account Clerk/Typist. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Alderman Holman registered objection to receiving a 24-hour notice of a meeting as it does not leave time to do the necessary homewo~k. ADJOURNMENT: On a motion, the meeting adjourned at 6:38 p.m. n✓~-.Jvt<_ ~ rqpn A. RunctLe, City C erk - Special Meeting PRESENT: Aldermen (10) P\I3SEt~T : Mayor -Conley OTPERS PRESENT: COMMON COUNCIL PROCEUDINGS City of ILhaca, New York 7:30 p.m. May ? c:: '-' .. .., ,, Boothroyd: Borc1oni; Doror:kay, Jknnis; G11t•""nber[_?;~r) I-lulriw.n, Meyer, Nichols, Saccucci.~ Slattery 319: 1977 ' City Att6rney -Shauiro D:ircccor of Planning [;. D0vel.oprnent -Van Cort Planner II -Meigs 1....-Fire Chief -Wca,·er LO LO 0 <t <t <t Bldg. Ccmmissianer -Hoard Ci t y C 1 e 1..' k -R ur!. ,lJ e In th.e 2_bsc11ce meeting. •-··-•--··-···•·--······----- of Mayor Acting by 1\lderm;:;n 13ooth:royd: Secondc·d by i\1dermau Saccucci RESOLVED, That the Minutes of tl1e J\1ay 4, 1977 and Miy 11, 1977 rnc('t:ingc:. be approved as recorded. bv the: Cd:v C:i_;:_-:rk. SPEC Ii\ L ORDER Of BUS I NL'.3c:: Pub] ic Hc2r:\:n • •· Prc'.pc q· Dist ri c:·l-·s ar-1d Re sol uti en· tc By AJder11an Cerried Un~nimous!y to Zor1in Alderman Slattery RESOLVED, That the Public Hearing on Proposed Changes to Zoning O~dinance - Residential Districts and Rcgt:1ations, be opened. Carrj ec1 TJnm1 ir:i;:ns Jy Mr. Mark Ha&g, 360 Ridgecrest Road, requested consideration be given to cl1a1-!gi·ng a, p:-i·,~t·.~i.c.ul:.l1· d_ivi.sior1 bct.1,;,~cen. :~: P~-'Z n:i: ... c :~ -;~cine 1\i}j_J_c.!1 d_j ,, ,ot-,,h·'.,·1 1' '1'' !Y\'n• c-c··,·· Jt,c, ·c:: B·1 1f·1'"i.slo <'·L'·yc,0 t· (T;·•: ·1.) ·1.)-]_'1' 3.T'_.,·'L 1."1 •• ·.un f".1-.1. ~--tJ.l,1...J .. ,.__~ l J \.-, "-\ .; .. , .. ) 1,.,1 •• r I l. l...:.'" _} '-"··--'•"·-· l.) -.. .,,\,_, ..... ,., .. ..,., -_---_ ... ._ ----,,. goes to tlL~ cent,:·r of the gorge and is bolmded on i.he east by C1cn P1c:cc , By clivicUng 8.s pcoposcd he is given a Jot which topographicaJ ly a:1d 1,cc.r~-- wisc; acco:rd:'.ng to other provisions of the ordinanc0, becomes csscnt 0r'1J.:-r unuseabJc. lfe -\•Ja~1ts it ·Le, TeJn~1i11 _i11 R-3 use irtstec1cl of R_-.;2 a:, ls JJ c:::~t~d to <::0~1 t ·ml fut1.,:re dc\rc J.op11:ent in. that area. Mr. Michael Kaplan, lOJ.O E. Shor,-:, Drive 1 requested clarification nf tJ-1(, Zoning Ordinance regarding reiroactivity. Cjty Attorney Shapj~o cxpl~ined that the ordinnnce is not rct-.roa.ctive. If a current use ::i~; a valid no~1- conforming use there is provision of a procedure whereby a person can ar;ply to t-J1e •'·ii"r ,·c·y,,-r\,-lf.,t+}···,-,-c-·I·.-,·c'·11~·-J '"JlO' l0 t C"l1 rro On rc"('OI'Cl~ "1•-_r-~ 't-;,,),.,r c--:.;<1 ..... ,, \.).1-\.-) l_6,( .... ~ ... ~.ct.1eJ.. ..:,1_.c.., w ....... • U-' (.t bl., .......... -11. .. J.\.(. •. _.._ .... _(,-;,l ~-)C ... L.J he believes the ordinance un-r·eaJistically restricts the future h01L;i:;:1g for students and single people who cannot afford to own their own property. ~Mr. David Cornelius, 109 Farm Street, Fall Creek Civic ASsociaticn, reiterated his thanks to the Planning Department and everyone i·.1ho \ITurked so hard on the new proposed zon111g ordinance. He thinks it is far better than the current one. Resolution __ to_ Cl0scPubJ.ic Hearj;_11,0; ~"[~~~~~?~:Iiian Doothro~d-,:. _ Se~;ond~J by Alderman Bor-doni ___ A _ 1 4 __ l ! 320 .. 2 -May 25, 1977 V ORDINANCE NO. 77-5 AN ORDINANrR AMFNOTNG rHAPTFP I'l'IIACA MUNICIPAL com~. 1170llfTM('li --•-~••U 'l'T.n:: .l..lL.W CITY BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMEND IN(~ ARTICLE I. That S 30.3 of Article I of said Chapter is hereby amended as set forth in attached copy to reflect changes in and additions of certain definitions pertaining to residential occupancy. SECTION 2. AMENDING ARTICLE II. That Article II of said Chapter 1s hereby amended as set forth in attached copy to provide for establishment of the following residential subclistricts: R-la, to designate areas of primarily one-family residential use and development on large lots; R-lb, to designate areas of primarily one-family residential use and development on medium sized lots; R-2a, to designate an~as of one s.nd tNo-family residential use and development on medium sized lots; R-2b, to designate areas of one and two family residential use and development on small lots; R<5a, to designate :1-r.o,:;s of on,i, t"fO anc~ mulii-fan:ily residential use ;r::iJ development on med.Lum sized lots 1 R-·3b:, to designate ,i.:cea.s of one, two :.1n.d multi-family res.i.dential use ~nd development on small lots; R-U, to designate ar?as of one, two, multi-family and student resi- tl0ntial use and development on large lots; and to provide for c:,rtain c.hanq,e'.; in di·strict regulations and standards go·,re:rning res iden tinl u:; es ;::nd c11··,~ :_: req u:ire,11•::n -~.s to ref lcct the intent of the aforesaid residential subdistricts. ~FCTICN 3. Ar,iENDING ARTICLE III. That A rt i c 1 e I T I o f :.; a i cl Ch ant c r j s 1v-: Ti' b v ;:; ,n e :n de c1 as s e t f o rt h i n Dt.tached copy to revise certain off--st-re:,1: p:1ckir1.g requirements for resi- c<:ntia1 USAS. '7 ·rn1.aT1 !V1ey·cr .rc:sr)ond'-_-:d. t{) ~-rx·. "f_(.~·)_"'•1d.··1. ~ _--; cu1~1:nr-)!:1ts -:111.\l <-;:--~~J"i~tir1ed that tl1c r1 -;-,~ OT; o s c t..l -z ort i·ri. g .:irne r1 d.fi:c n t: (lo c:.~ s ;1 o ·t-. i'.l i r1. :t ·~:. l1 ,.~ J;_ :: r111r~.b r~ r 8 f n:t.11 t i·p le f ami 1 )' - dviell iI:g·:·)' bt~·( r:ra.c~e·:~ t}1e a-i-2i:lS 1:V'h.t):C(; {.I.Ji;_").'"(~ a.re s.i11g1~: fan1il)7 d·hrellings:. ()nc ·::cJr1c;:··t11 ~:1ac. tl1a1·. th<:"; ~;t:ng1c f-:.~_~J.tJ~/ ci_v:c:1·.: t·r1,gs rtot l1c ta}:::::11 o·ver foT i-::u.Jtiplc fa~ni1;r c;J.}T:·:r;;~~ L;1-(i ·ch~-:;_t t.11.c ~.1.)f!iJi.g u ·rd~ .. nclii(-~\:1 \r/01_1Tcl ertCOllrage, _1_n~-;te cJ~ r!1j_s cor\·•,·~·:.,:-:~·~c1~ cc·ncc;_·it~ 1:c'-:1.~~-1:~;"c;Jt. o-f .Ci.cv~· t.u::.i::.s l✓ltic}1 \qould LD LD 0 <( <( <( I --- t.Jay 25i 1977321 1'.w.in rc2.~;ons for workinr; on the ordin:rncc il,!S thnt f;1mi1ics were mo'ling ottt of tlle cit)', art1_:~ to t.1-ic extent tf1:)t that h:~1s ca1._1~:<.:d by zor1irtg {\Jr. Van Cort tlt•nks the cha1qics w:i11 lit:~lp to reduce out-mitred iun or rc11r:j_1-ics ·f)'0H1 -,.Fhe cit)r ~~]ld st;~l)f"I.i::0 O\·~:-i(~r1:-~}1j11 {)r r~r·opel·ty ·Jn th(• c:·.i·t:\,r} thus it will be hclptul to the CJ~tY, AJderman Horonkay asked when the I'Janning Board of the Ccunty got U1cir COfJY of t11e d1 .. a.ft. IJi~.cec:tor 'lL1~il c:o-~t r~.>1;1Jrt~::~d thc1t tl1c co:..111t:v ltDs rcs1Jo11<.lcd. cir~J -~}1e J:}l<J.1·t11:i.11R J3card 1nade it;~ co1nn:-221ts in. tJ1e .i\p1·i.1 n1c~eti:nJ--:. T}1e Co1..1i1·Ly Pla11115.11g Co1nh1.i:.;siuJ1 gr-tvi~~ a \\'..tiLt-L~Jl 1·csJJrJ.t1se \-.Jl:icl-i lvd.7, Tecc_i_~i("'tl on Tuesday> May 24 and it was favorable. Alderman Slattery asl:ed if the; :t;:~p 1vil1 J)C available to thC' general public, and Director Van Cort replied that it wilJ be m~de available. C~ t At -,. ,~' s1·,•·;n. 7' •; :j, •• ,.,,·, -~~ -,+· t1-,,, '"'''D c:]·c·•\;'J.Il'J -:-1-,r ,·1-,,.-,.,,(,,",~ shn]1lr1 .L. Y tO.1.TI,,) • _,,,,J.,.O c-u,V}.S.~d Lllr,.l, 1,.\:, . .!c••J di/, .. /;,_, ,.1,-, ~L,,c-;_,-~.':> • lL, ..• -· attached to the ordi1,.unce. He said 1.t 1•:ill b,) advisab.Ie, as quickly as possible, to corn~i:i.ne the new and c,n-rent maps i:nt:o one. The auestjon of the adoption of the a vote on roll call, which resulted Holman Rordoni Meyer Saccucr.:i Boothroyd Resolution VoUng Aye II 1l " ll If ll It " fon~gojnp, :resolution Has as f:ol lows: c;utenbergcr BoTonkay Nichols Slattery Der.nis Voting Aye It It n n II II l l II ,111 l .\, J, •-· -· J put Carried Unanimously By Aldern·i-a"n Boothroyd: S13condec1 by Alderman SJattery RESOLVED 5 That the request of Mr. Haag be referred to the Planning Board and the Ch:nter & Ordinance Cornmi ttee of the Council. Carried Unanirnc.nisJy Alderman Nichols reported that a public hearing on the moratorinm ha:; bern scheduled, but now ~hat the zoning amendment has been passed, the public hearing on the moratorium can be rc:scinded at the June 1 meeting of the Counci 1, Alderman Nichols commented that the Committee received various suggestions for changes in the business districts while they were working on the amendment. The residential distrjcts were the ones affected by the moratorium and the committee decided to leave the business districts alone because of their desire to do a good job on the residential districts and get the moratorium aside. Alderman Gutenberger cong'ra tu1ated the co111rni t tee and departments and al 1 who worked on the amendment for doing a good job. ADDITIONS TO THE AGENDA: Alderman Saccucci requested permission to add an item, a letter from State Assemblyman Gary A. Lee regarding the ll.ivllmicir)al Overburden Proqrarn" 322 -4-May 25, 1977 ADJOURNMENT: (hi-a motTo-n the meeting adj Ou.rned at 8: 0 7 p. rn. I ., - OFFICE OF CITY ATTORNEY TO: FROM: DATE: RE: Dick Booth, Cha;? and R~#Nash, May 2, 1988 CITY OF ITHACA 1 OB EAST GREEN STREET ITHACA, NEW YORK 1 4850 MEMORANDUM Chairman Ordinance Committee City Attorney Ithaca Fitness Center Case TELEPHONE 272-1713 CODE 607 Pursuant to our telephone conversation I am herewith enclosing another copy of my memo of March 17th and enclosures. Regarding Paul's concerns I would have the following comments: 1. By copy of this memo I am asking the City Clerk to attach the document marked "Draft of May 25, 1977" which was in the former City Clerk's files right to the minutes of the May 25, 1977 Common Council meeting. (,au.~ ~) 2. I would recommend that Council amend the published Zoning Code to incorporate the language "nor may be a use extended or enlarged to other portions or structures not devoted to such use'' to section 30.49. Although I believe, and the Court so found, that such language is implicit in our ordinance it would be safer to have it so set out. 3. The BZA is always free under the applicable law to determine that an application for relief is the same as a prior application which was denied. The standard is whether new facts and circumstances are brought forward. This is a factual issue. It would be helpful to require applicants for BZA relief to have to allege whether prior applications for BZA relief relative to the same property have ever been filed. However, beyond that I . do not see a procedure which will further clarification on this issue. RWN:blh enc. cc: Thomas Hoard, Bui]dinq ,'rnomissiont::r , I • I •FINAL DRAFT May 25, 1977 PROPOSED REVISIONS TO CITY OF ITHACA ZONING ORDINANCE NOTE: Changes indicated as follows: Deletions in brackets: Additions underlined: Explanations in parentheses: ARTICLE I GENERAL PROVISIONS FINAL DRAFT [ ] ( ) NOTE: (All provisions remain the same except for additions to Section 3 -Defini- tions, as follows.) §30.3 Definitions B. Specific terms or words 9. "Boarding house" shall mean a multiple dwelling where sleeping facilities. and meals are provided, for compensation, to long-term guests. (See also "Rooming house," [Lodging house,"] "Tourist home.") 16. "Club" shall mean .... Any such organization's premises or building which provides sleeping accommodations for more than five (5) persons shall be considered a multiple dwelling . ..-hold 18. "Cooperative house;. shall mean a group of [three (3)] four (4) or more unrelated persons, exclusive of minor dependent children in the care of a parent or relative, occupying a dwelling unit without auxiliary social facil- hold ities. Any unit occupied by a cooperative housef shall be considered a mul- tiple dwelling. This category shall not be construed to permit facilities which provide living accommodations for persons requiring supervised resi- dential care, such as halfway houses, hostels, or group homes. (See paragraph 41 of this section 2 "Group care residence." 21. "Dormitory" [: See subparagraph d under definition of "Dwelling, multiple," paragraph 23 of this Section.] shall mean a multiple dwelling which provides sleeping accommodations and domestic facilities and services to a group of college, university, or secondary school students. 23. "Dwelling unit" shall mean one or more rooms [ with provision for living, cooking, sanitary, and sleeping facilities arranged for the use of one [family] designed or used for living quarters by one household, including \....I Zoning Page 2 provision for living, cooking, sanitary and sleeping facilities, and having a separate entrance from the outside of the building or through a common hall. 24. "Dwelling, multiple" (or "multiple residence") shall mean: a. a building containing three (3) or more dwelling units. b. a single dwelling unit without auxiliary social facilities occupied by a group of four (4) or more unrelated persons, exclusive of minor dependent children in the care of a parent ot·relative. (See definition hold," of "Cooperative house" paragraph 18 of this Section.) . [b.] .£.!.. a building containing living, sanitary and sleeping facilities occupied by one (1) or two (2) families and more than [four (4) lodgers] two (2) roomers.or boarders, exclusive of minor dependent children in the care of a parent or relative, residing with either one of such families. [c.] d. [d.] e. a building with sleeping accommodations for more than five (5) per- sons used or occupied as a club, dormitory, fraternity, [or] sorority or group house, or for similar uses. [e.] f. 26. "Dwelling, owner-occupied" shall mean a residential building containing one or more dwelling units of which one is in fact occupied by the owner for more than six (6) months of the calendar year. [28.] 29. "Family shall mean one or more persons occupying a dwelling unit, [pro- vided that unless all members are re~ated by blood, marriage, adoption or other legal relationship, no such family shall contain over two (2) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.] all of whom are related by blood, marriage or adoption. \ ./ I Zoning Page 3 ~ [31.] 32. "Fraternity house, sorority house or group house" shall mean a multiple dwelling used and occupied by a cooperating group [or] of college or university students and containing and providing domestic and social facilities and services thereto. (after "Green area"): 41. "Group care residence" shall mean a facility licensed, certified, or otherwise authorized by a state health or welfare agency to provide living quarters and supervisory care for persons with physical, emotional, social or other developmental handicaps in a residential atmosphere. Such a facility shall provide qualified supervision whenever one or more residents are present, and shall have one or more resident supervisors. This category shall include group homes, hostels, community residences for youth and adults, and foster care homes certified for more than six (6) foster residents. It shall not include institutions whose primary purpose is the medical treatment, remedial education, or civil restraint of the occupants, but group care residences may contain limited facilities for physical, emotional or occupational therapy as appro- priate to the purpose o_f the facility. A characteristic of such facilities shall be the presence of common cooking, dining and social areas. [43.) 44. "Home occupation" shall mean [any occupation or a profession which: a. is customarily carried as in a dwelling unit or a building or other structure accessory to a dwelling unit, and Zoning Page 4 b. is carried on by a member of the family residing in the dwelling unit, and c. is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes, and d. which conforms to the following additional conditions:] a subordinate use of a nonresidential nature which is conducted within a dwelling unit, or builaing accessory thereto, by an occupant of the dwelling ,which is clearly incidental and accessory or secondary to the use of the property unit.for residential purposes, and which meets the following additional ,. conditions: [{iJ] a. The occupation or activity shall be carried on wholly within the principal building or within a building or other structure accessory thereto. (See definition of "Accessory building," paragraph 1 of this section.) [(2)] E,:_ Not more than two (2) persons outside the [family] resident house- hold shall be employed in the occupation. [(3)] c. There shall be no exterior display[, no exterior] 2.!:. sign except as permitted under Chapter 34 of this Municipal Code, no exterior storage of materials and no other exterior indication of the home occu- pation or variation from the residential character of the lot or of the surrounding neighborhood. [{4)] d. No offensive odor, noise, vibration, smoke dust, heat, or glare shall be produced. (See§ 30.40 of this Chapter.) e. The home occupation shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the occupation shall be met off \ l v Zoning Page 5 the street and subject to the regulations of Section 30.37 of this Chapter. In particular, a home occupation includes, but is not limited to the following: art. studio, dressmaking, teaching (with musical instruction limited to a single pupil at a time), and the professional office of a lawyer, engineer, architect, real estate broker or insurance [salesman] agent within a dwelling occupied by the same. [49.] 51. "Landmark" shall mean .... , as further described in [ the Landmarks Preservation Chapter] Chapter 32 of this Municipal Code. [51. "Lodging house" ... ] [52. "Lodging unit" ... ] [ 55. "Medical facility" ... ] 60. "Neighborhood commercial facility" shall mean a retail or service facility catering to the day to day commercial needs of the surrounding neighborhood. Such facility shall be limited to the retail sale of con- venience goods such as groceries, phavmaceuticals and sundries, and to personal service facilities such as barber and beauty shop, self-service laundromat, and dry cleaning establishment. 62. "Non-conforming building, structure or [use] lot" shall mean a build- ing, structure or [use of land] lot of record legally existing at the time of enactment of this Chapter, or any subsequent amendment, which does not con- form to the [regulations of the district in which it is situated.] minimum parking or dimension requirements for the district in which it is located. 63. "Non-conforming use" shall mean a: property use of record legally existing at the time of enactment of this chapter, or any subsequent amendment, which does not conform to the use regulations of the district in which it is situated. [65.] 67,"Parking area" shall mean: a. Employee[s], customer and/or public parking. All or part of a lot or structure devoted to parking of motor vehicles for occupants of or a. visitors to adjoining or nearby buildings. b. Neighborhood parking. All or part of ... Zoning Page 6 c. Private parking. [A lot] An area or structure, or portion of a structure, devoted to parking of motor vehicles by the occupants of [the]~ dwelling located on the same building lot. [72.] 73. "Rooming house" shall mean a multiple dwelling or other residential structure in which sleeping fac llities are supplied for pay over an ex- tended period of time as distinguished·from 'tiroti.rist home." (See also ["Lodging house,"] "Boarding house.") [73. "Row house" ... ] 75. "Rooming unit" shall mean one or more rooms designed or used for living quarters by one household, which may or may not include separate sanitary facilities, and which must include either complete kitchen facilities or a separate entrance fromthe outside of the building or through a common hall. (after.77. "Sign, advertising") 79. "Special permit" shall mean the written authorization by the Board of Appeals to permit in a given district a property use which, because of its nature, location, or effect on the surrounding neighborhood, warrants special evaluation of each individual case. (after [82.] 83. "Tourist Home") 85. "Town house" shall mean a dwelling unit sharing aminimum of one (1) and a maximum of two (2) walls with an adjoining dwelling unit and having direct exterior access from the ground floor. ~ _,r~ .... r:-i r.T' .-.-:·-·:e:.·: ~, ,..._, (, . 'l h 1' • • · ' Zoning Page 7 ~--l: ... • •• -~;/ U 1 \·~·:-~~:~ .• J.~~ L.t~~ ARTICLE II ZONING DISTRICTS [( § 30.21 Establishment of Zoning Districts --For the [purpose of promotion of public health, safety, morals and general welfare of the City of Ithaca, New York] purposes specified in Article 1 of this Chapter, the City is hereby divided into the following [types of-Zoning] districts: R-la Residential R-lb Residential R-2a Residential R-2b Residential R-3a Residential R-3b Residential B-1 Restricted Business B-2 General Business B-3 Central Business B-4 Service Business B-5 Service Business ffl;.J. Flood-Tay Zone (See Flood Plain Ordinance l FH-1 Flood Hazard Zone (See Flood Plain Ordinance) I-1 Industrial M-1 Marine Commercial P-1 Public Institutional MH-1 Mobile Home § 30.22 Zoning Map A. Districts are bounded as shown on a map entitled "Official Zoning Map of the City of Ithaca, New York" adopted on [February 6, 1974] ,1977 [and as amended from time to t•me, and certified by the City Clerk] which . material accompanies and which, with all explanatory thereon, is hereby made a part of ,. this Chapter. -- l. B. The City Board of Planning and Development shall prepare, maintain and keep current the Zoning Map in accordance with amendments made thereon pursuant to action of the Common Council. C. The Zoning Map shall periodically be certified as correct by the City Clerk\ and after certification shall be known as the Official Zoning Map of the City of Ithaca, New York. § 30.23 Interpretation of district boundaries Zoning Page 8 Where uncertainty exists with respect to the boundaries of the aforesaid districts as shown on the Official Zoning Map, the following,rules -shall apply: [~. The City Planning Board shall prepare, maintain, and keep current the Zoning Map referred to in§ 30.22 and which shall be certified from time to time by the City Clerk as correct in accordance with any amendments made thereon purusant to action of the Common Council. This map shall be known as "Official Zoning Map of the City of Ithaca, New York."] [B.] h Where district boundaries .... [C.] B. [D.] £.:.. [E.] ~ [F.] E. General Notes pertaining to Schedule 1. All development plans shall be subject to approval by the [Planning] Board of Planning and Development and the C,ommon Council. 4. [Where uses are allowed in any district by variance, regulations applying to such use shall be the stricter of those applicable either in the district in which such use is normally permitted or for any similar use in the district in which such use is allowed, or as may be otherwise set by the Board of Zoning Appeals.] Zoning Page 9 Where a variance or special permit is required to allow in one district a use which is permitted by right in another district, the regulations applying to such use shall be those of whichever district has the stricter regulations. 430. 2C.. §,._Standards for special conditions and special permits [Delete whole section--substitute as follows:] A. Intent The intent of this section is to set forth additional regulations and co~ditions which shall apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant special evaluation of each individual case. B. Special Conditions The Building Commissioner shall approve the following use only when \ ./ ~ he or she is satisfied that the special conditions specified in this sub-, section have been met. Group care residence. (See definition, §30.3): The Building Commissioner shall be satisfied that the facility meets the applicable building codes and, in addition, ~l~¾l~s the following conditions: 1. License or other authorization from the appropriate state agency or agencies. 2. Controls to prevent geographic concentration: a. Must be at least 400' fro~ any other group care residence, measured on a straight line from nearest property line to nearest property line. ;, t~~t f«<{ )[ b. No more than (1) such residence : one ( to be located on a given block face. l 1 r = Zoning Page 10 c. No more than 25% of the total group care residences in the city located in any one planning neighborhood, as defined in the General Plan. 3. Density controls at individual facility level (Area requirements): District R-la '.R& R-lb R-2a B-2b R-3a R-3b Lot Area 10,000 for 1st 6 residents + 1,000 for each add'l 6,000 for 1st 6 +1,000 for each addl 5,000 for 1st 6 +l,000 for each addl 3,000 for 1st 6 • +1,000 for each addl 5,000 for 1st 8 +1,000 for each addl 3,000 -for 1st 8 +1,000 for each addl Ji: Parking requirements: Frontage 75' 50' 50' Side Yards ~ 10} 10 -10 ~ -101 10 -10J Off~street parking as required for other residential uses, except where residents are not permitted to own or operate motor vehicles, in which ca5e one space shall be provided for each single or married couple of residential superivsors, with a minimum .of two spaces in any case. 5. Signs: As-permitted-by sign ordinance. Maximum Number of Residents 8 10 12 Zoning Page 11 C. Special permits. 1. Applicability The uses listed under district regulations in S30.25 which require a special permit from the Board of Appeals are as follows: a. Cemetery in all districts. R.-3 b. Public utility facilities in R-1, R-2'J'a.nd R.lt districts. RT"2 c. Private school in R-1, and R..lJ: -districts. " d. Nursery school or child day care center in R-2 districts. e. Neighborhood retail or service commercial facility in R-2 and R-3 districts. f. Hospital or sanitoritlm in R-3 district. g. In P-1 districts within two hundred (200) feet of R-1, R-2 or R-3 districts, any use other than public recreation, classrooms, or living accommodations which conform to the use and area regulations of the adjacent residential district. Where the P-1 district is contiguous to more than one residential district, the regulations applying to living accommodations in such P-1 district shall be those of whichever residential district has the strictest regulations. 2. Required plan. (as is in B.) 3. Standards applicable to all uses requiring special permits. No special permit shall be recommended by the Board of Planning and Development or granted by the Board of Appeals unless the proposed use or activity meets the following requirements: a. The location and size of the use, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it, shall be such that it will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land -'I \ I . ......- and buildings or impair the enjoyment or value thereof. b. Operations in connection with any special use shall not be Zoning Page 12 more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights, than would be the operations of any use permitted without special permit. 4. Specific standards applicable .to certain uses requiring .speciaJ.~permits .. Certain uses listed in the district regulations in §30.25 as requiring a spec_ial permit must conform to the applicable conditions set forth in this sub- section. Neighborhood retail or service commercial facility in R-2 and R-3 districts. a. The appellant must furnish information as to the specific goods or services offered, the nature, size and hours of operation of the facility proposed, in sufficient detail to enable the Board of Appeals to determine whether the use conforms to the limitations specified in the . def~nition of this category (See paragraph 60, §30.3). b. Before hearing the appeal, the Board must have received written response on the proposal from a majority of those notified by the appellant as required in the procedures set forth in §30.58. This response, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to .grant the special permit. V ARTICLE III SUPPLEMENTARY REGULATIONS {§30.31 -30.36: No change from present ordinance.) §30.37 Off-street parking A. General requirements. 1. Location requirements. {Add as a second paragraph:) Zoning Page 13 No more than two (2) adjacent parking spaces shall be permitted for the purpose of satisfying the requirements of this Section, unless all spaces have adequate maneuvering space and direct street access. ~-{as is) 3. {" II ) 4. Use2 PARKING SPACE REQUIREMENTS CHARTi Space Cooperative household Rooming or boarding house, rooms let Hospital, nursing or convalescent home [Medical facility other than hospital] Medical or dental office Nursery school, child day care center, privElk~lementary or secondary school {remainder as is) l l 1 i l 1 Per each two [bedrooms or sleeping rooms or part thereof] persons housed three persons housed five patient beds 250 sq. ft. of floor space two employees, plus ten pupils enrolled 1see also District Regulations Chart. clwetl ,· "'} In the case of rental,-.uni ts, the required number of parking spaces must be provided by the owner without additional to 'tJ1 charge e tenant. 5. Parking in front yards. y In all districts a parking space may be provided in a required front or side yard if the following requirements are met: a. (as is) Zoning Page 14 b. No car may be parked parallel to the street within twenty (20) feet of a front property line. [Parallel] .Parking spaces parallel to the stree.t may:,.-.be permitted within required front yards provided that such spaces are more than twenty (20) feet from the front property line and do not exceed two (2). B. Private and neighborhood parking areas in residential districts. Plans shall be submitted for a private or neighborhood parking area for four (4) or more cares .... c. Parking area. (1) Run-off water must be collected and transmitted or piped to the nearest storm sewer, in accordance with this Municipal Code, or if storm sewer is not available, then through underground piping to the street gutter, and such piping shall conform to the rules and regulations of the Board of Public Works applying thereto, except that for small areas of no more than ten (10) spaces, these provisions may be modified with the approval of the City Engineer. No change} § 30.47 Nonconforming Uses A. Whenever the regulations are changed by amendment for a district in which a building or land is located so that the use Zoning Page 15 under the new regulations is nonconforming, that use may be con- tinued as a legal non~onforming use, under the new regulations only if one or more of the following conditions are met: 1. The use conformed to the regulations.in effect before the amendment; 2. The use, if nonconforming under the previous regulations, had been established as a legal nonconforming use either by variance granted by the Board of Appeals or by the fact that the use had been and at the time of in existence prior to.the enactment of regulations that had -;..;_~-........ ----,.,,,,,------------'-'---------- rendered it nun-conforming. It shall be the responsibility of the Building Commissioner to determine on a case by case basis which buildings or land have uses which will become legal non-conforming uses under the new regulations. In making these determinations he shall rely on the property records in his office, based on the most recent information available for each building or land. In cases where the acttial property use differs from the use of record, it shall be the property owner's responsibility to file a claim with supporting documentation to the Building Commissioner within ninety (90) days after the effec- tive date of the amendment changing these regulations. The Building Commissioner shall then review these claims, and at his sole discre- tion determine whether the claim is valid. Such determinations shall I. be made within nine (9) months of the effective date of the amendment changing these regulati~ns. The Building Commissioner may require such additional information or testimony as he deems necessary in ( J ' I . \ Zoning Page 16 making his determination, and may also deny a claim on the basis of inadequate information supplied by the claimant. Any property owner aggrieved from a decision by the Building Commissioner may appeal to the Board of Appeals for relief. Any property owner who fails to file a claim within the ninety day filing period may also file with the Board of Zoning Appeals, following the provisions of § 30.58 et seq of the City of Ithaca Municipal Code. B. Legal non-conforming uses of any building or land shall adhere to the conditions of§ 30.48 through§ 30.53 of this Article although such use may not conform with other provisions of this Chapter. The lawful use of any building or land legally existing at the time of .enactment of this Chapter may be continued only subject to the provisions of§ 30.48 through§ 30.53 of this Article. § 30.48 Construction approved prior to adoption of or amendment to Chapter Nothing herein contained shall require any change in plans, construction or designated use of a b~ilding for which a building permit has been heretofore issued, and which entire building shall be completed according to such plans as filed within two (2) years from the effective date of this Chapter or any amendments hereto. § 30.49 Repair, changes in use, extension or enlargement of non-conforming uses or structures A. Repair of non-conforming uses or structures. Necessary or desir~d repair of any nonconforming structure, or of any structure housing a non~conforming use, declared unsafe by proper authority, shall be accomplished in accordance with all applicable regulations. B. Changes of non-conforming use A non-conforming use may be changed only to a use permitted in ._ : the district in which it is located. Zoning Page 17 Once changed to a conform- ing use no building or land shall be permitted to revert to a non- conforming use. C. Extension or enlargement of nonrconforming uses or structures A non-conforming use may not be extended or enlarged to other portions of structures not devoted to such use, or to other struc- nor may a nonconforming structure be extended or enlarged, tures, or to other land,~except by means of a variance granted by the Board of Appeals. In all districts any legal non-conforming or structure use~existing at the time of enactment of this Chapter as amended~ or subsequently constructed in compliance with a varianc~shall not be extended or enlarged except in compliance with the regulations of this Chapter as amended for each particular District. (Sections 30.50 -30.57: No changes.) §30.58 Board of Appeals B. 3. Variance ..... Area variance: [In requesting consideration of a variance the appellant shall provide in duplicate a dimensioned drawing showing the site layout proposed and including a sketch drawing of the main elevation indicating proposed building materials and landsaping treatment. Any significant change in the plan and elevation drawing originally submitted must be approved by the Zoning Board of Appeals. No variance shall be granted without the prior report of the Planning Board as provided in Subdivision C of this Section.] .... C. 1 ! Procedure. 1. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this Chapter. All app~als and applications made to the Board shall be in writing, on forms prescribed by the Board and shall be filed Zoning Page 18 with the Secretary of the Board, who shall forward them forthwith to the Board. 2. Every appeai or application for relief shall set forth the interpretation that is claimed, or the use for which a special permit is sought, or the details of the variance applied for and the grounds for which it is claimed that the variance should be granted, as the case may be. 3. In requesting consideration of a variance the appellant shall provide in a sketch drawing of the main elevation indicating proposed building materials and landscaping treatment. Any significant change in the plan and elevation drawing originally submitted must be approved by the Board of Zoning Appeals. [5.] h The appellant shall, at the time of filing his appeal, pay to the Building Commissioner a fee of [ten dollars ($10.00)] fifteen dollars ($15.00) to help defray the cost of the required legal notice and other incidental expenses. However, an officer or administrative official of the City of Ithaca acting in his official capacity shall not be required to pay said fee. [6.J 2.!. If a variance or a special permit is requested, the appellant shall send notice of same by mail to all property owners within two hundred (200) feet from the boundaries of the lot under consideration. Such notice shall state the relief sought, the type of use contemplated, [the appellant's name and the location of the property in question] and such additional information as shall be required by the Building Commissioner, and shall be [given] mailed at least five (5) days prior to the [public hearing] meeting of the Planning and Development Board which next precedes the public hearing. Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the public hearing . . .&~ ARTICLE [VI] IV ARTICLE [VII] V ....... eNO- Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 11:00 A.M. May 26, 1977 Aldermen (7) -Boothroyd, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery ABSENT: Aldermen (3) -Bordoni, Boronkay, Gutenberger OTHERS PRESENT: Dir. Planning & Dev. -Van Cort BPW Commissioner -Shaw Chief of Police -Herson BPW Commissioner -Whispell Fire Chief -Weaver BPW Commissioner -Schickel City Engineer -Cox Planning & Development Board -Hildreth Planner II -Meigs Board of Representatives -Clynes City Attorney -Shapiro Board of Representatives -Benson Supt. Public Works -Dingman Tompkins Co. Planning Comm. -Liguort Building Commissioner -Hoard Town of Ithaca Engineer -Fabbroni Mr. William C. Hennessey, Executive Director NYSDoT -Syracuse, N.Y. Mr; Joseph Powers, Regional Director NYSDoT -Syracuse, N. Y. Mr. Malcom Graham, Regional Chief Design Engineer NYSDoT -Syracuse, N. Y. Mr. John Van Zweden, Senior Civil Engineer, NYSDoT -Albany, N. Y. Mr. Frank Maxsom and Mr. Robert Smith, Partners, Design Consulting Firm, Rochester, N. Y. SPECIAL ORDER OF BUSINESS: Route 89-96 Corridor Mr. William C. Hennessy, Executive Deputy Commissioner, and Mr. Joseph Powers, Regional Director from the Department of Transportation, Syracuse, N.Y. discussed the options regarding the Route 89-96 corridor and answered questions from the floor. ADJOURNMENT: The Meeting adjourned at 12:45 P.M. Edward J. Conley, Mayor LO LO 0 <( <( <( Regular Meeting PRESENT: COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. June 1, 1977 Mayor -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Attorney -Shapiro 323 City Controller -Daley Dir., Planning & Development -Van Cort Fire Chief -Weaver Supt., Public Works -Dingman City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. JOHN RYAN RESOLUTION: By Alderman Boronkay: Seconded by Alderman Bordoni WHEREAS, John F. Ryan served as Mayor of the City of Ithaca from January 1, 1956 through December 31, 1959, and from January 1, 1962 through December 31, 1963, and WHEREAS, during his entire residence in the City of Ithaca he gave unstintingly of his time to the best interests of the City, and WHEREAS, as a businessman, Mayor and citizen, he served the community in many capacities and was respected by.all who knew him; NOW, THEREFORE' BE IT RESOLVED, That this Council notes his passing on May 11, 1977 with a sense of appreciation for his devotion to civic and municipal duties and his interest in the general public, and BE IT FURTHER RESOLVED, That this Council extends to his family its 1 sympathy on the loss of John, and ~ BE IT FURTHER RESOLVED, That a copy of this resolution be spread on the minutes.of this meeting, and a copy thereof transmitted to his family. Carried Unanimously SPECIAL ORDER OF BUSINESS: i Public Hearing -Cable Television Franchise Transfer of Ownership-- Adjourned to June 1, 1977 Resolution to Open Public Hearing By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, That the Public Hearing to consider the Cable Television Franchise Transfer of Ownership be opened. Carried Unanimously Attorney Walter J. Wiggins, representing Mr. Ceracche and also appearing on behalf of the ATC, addressed the Council: He stated he had met with the special City Commission concerning the ma.tter and reached agreement concerning items they wished to have included in the franchise. Mayor Conley commented that the Commission has just received answers to questions which they had submitted and have not yet met--they intend to meet with the Charter & Ordinance Committee of Council and have a recom- d t.io o C:ou ci1 t. • _s .J l 6 eet.·no-- 324 -2-June 1, 1977 recommendation. Attorney Wiggins stated that Mr. Collins spoke personally with Mr. Uloff and read the letter to him which is dated May 25, and which was sent to the attention of Mr. Uloff at the city offices. It was re- ceived on Friday the 27th and Mr. Wiggins didn't know until he read the Newspaper on Tuesday the 31st that Mr. Uloff had not received the communica- tion. Atty. Wiggins said he would be pleased to read the letter to Council. He said some of the difficulties with the delays are that there are a substantial number of employees who do not know where they stand; the contract for the sale of the facility calls for closing on July 1, after receiving approval, hopefully, from all of the municipalities; at that time it is necessary that the entire matter be brought to the New York State Cable Commission for its approval. He asked permission for the transfer immediately in order to go forward with the type of contract commitments made that involye holding interest rates until July and re-- quested Council to consider and recognize the difficulties and danger to the entire transfer if there is delay for another month. Mayor Conley recalled that according to the chain of events laid out in the beginning, the first time he talked to Mr. Ceracche and Mr. Collins, they talked about the transfer and asked at a meeting if the city would call for a public hearing in June so that action could be taken in July. He said this was the first time there was any indication for a need to act hastily. He had no objection to Atty. Wiggins reading the letter to Council but he didn't think it would be very meaningful inasmuch as it was the Commission, not the Council, who asked the questions. Atty. Wiggins commented that he believed there was a misunderstanding in the dates--it was May and June, not June and July; secondly, it was not his understanding they were responding to questions--they had reached an agreement except for one item which was presented to them for the first time at the meeting of May 15 which was related to an allocation of taxes, paid by the company, between the city and the county. The company accepted that request and -recommendation and all of this was communicated to Chairman Uloff verbally on May 25th and was received by the City last Friday. Mayor Conley commented that the Common Council could empower the Charter~ and Ordinancevto act on behalf of the Council; they are meeting on June lj. Committee For information of those Council members who may not attend the Charter & Ordinance meeting, Atty. Wiggins read the letter from Mr. Collins responding to the questions of the Ithaca Television Cable Commission. Copies of the letter will be made available to the members of the Council. Prof. Rose K. Goldsen, 770 Elm Street Extension, addressed the Council on two points regarding public access. She urged the Council to pay serious attention to writing into the franchise all conditions that would return to the community by AT&C a sufficient number of facilities to take care of demand now and in the future; for example the broadcasting facilities. Secondly, she voiced concern about possible broadcast of obscene images and symbols over public access cable. She said it is characteristic of Time, Inc. which happens to own the home box office; she considers it is one of the most obscene deliverers of images and symbols in the United States. Mr. Richard Hughes, Jr., 210 Kelvin Place, a member of the Citizens Interested in Access Group, spoke in support of the points brought up by Prof. Goldsen. T"'lt, __ ~ -T ___ .! __ I I L LO LO 0 <( <( <( I I ~ -3-June 1, 1977 BE ·IT FURTHER RESOLVED, That the Charter and Ordinance Committee will seek the advice and counsel of the City of Ithaca Cable Television Commission before transferring the franchise. Carried Unanimously 325 Public.Hearing -to consider the Extension of a Temporary Moratorium on v Certain Buildin Permits and Certificates of Occu anc Al erman Nichols explained that since the Council passed the revised zoning of residential neighborhoods on May 25, it is no longer necessary to have a moratorium on building permits in residential neighborhoods. Resolution By Alderman Nichols: Seconded by Alderman Meyer BE IT RESOLVED, by the Common Council, That the temporary moratorium imposed upon the issuance of building permits and certificates of occupancy in the residential neighborhoods is hereby rescinded. Carried Unanimously Alderman Dennis arrived at 8:05 p.m. Mayor Conley informed the Council that Alderman Gutenberger had requested that during the recess in the meeting, the Budget & Finance Committee meet to make a recommen.d.ation on one of the agenda i terns (Item A-Planning & Development Committee). COMMUNICATIONS: Mayor Conley suggested that reading of two letters sent to all Council members be waived: a letter from Wayne D. Leboeuf, Director of Tompkins County Chamber of Commerce asking for a temporary postponement of Environmental Quality Review Act, and a letter from Ralph Jordan, Executive Director of Tompkins County Chamber of Commerce regarding municipal power. Resolution By Alderman Bordoni: Seconded by Alderman Saccucci RESOLVED, That reading of the two above-mentioned letters be waived. Carried Unanimously Mayor Conley informed the Council that he had three additional letters, one of which referred to Route 96 and one on municipal power. Resolution By Alderman Gutenberger: Seconded by Alderman Meyer RESOLVED, That the letters referred to by Mayor Conley be referred to the Planning & Development Committee to be read at a later time. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL -Henr~ St. John School Mayor Conley introduced several members of the Fifth an Sixth Grades of Henry St. John School who addressed the Council in a plea for help to raise $500 to help pay for a trip to Washington, D.C. The classes have worked since_January to earn the money and have $2,000, but need $500 to com~lete their goal. The following students spoke to Council: Christopher Davis, Vena Kostroun, Clara Carver, Tiffany Borowski, Lorenzo Lee, Carol Mccrae and Joe Stingerells. Discussion followed on the floor. It was agreed that Mayor Conley would discuss the matter with the School District. and a renrese tat· e nf P a m Mr1111 r1 " +.,,. .... ;i + ,.. r,..=-,..-~ 326 -4-June 1, 1977 help to Central Business District merchants who are competing with ont5id shopping centers who prcvido free parking, and also the city is in the process of trying to stabilize the Caldwell site and attract new develope to look seriously at that for the purpose of putting another project ther{ The city wishes to do everything possible to demonstrate that it is able to attract people to downtown Ithaca. Resolution By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That the Council support the request to provide free parkin: Jn Thursday night and Saturday in the Seneca and Green Street Ramps and ? Woolworth Parking Lot through Labor Day in an effort to attract shopp, ; to downtown Ithaca. - Carried Unanimously MAYOR'S APPOINTMENTS: Fire Commissioner Mayor Conley informed.the Council that the Tornado Hook & Ladder Co. 3 has recommended Herbert F. Spencer, 515 S. Cayuga Street, for consideratio for appointment to the Board of Fire Commissioners.effective July 1, 1977, and Mayor Conley asked for approval of his appointment of Mr. Spencer to the Board. Resolution By Alderman Boronkay: Seconded by Alderman Gutenberger RESOLVED, That the appointment of Herbert F. Spencer, 515 S. Cayuga Street to the Board of Fire Commissioners for a three-year term, expiring June 30 1980, is approved by the Council. Carried Unanimously Environmental Commission Mayor Conley informed the Council that there were two vacancies on the Commission caused by the resignation of Jack Hamil ton, and Wayne Steinhaugl: At the suggestion of Patricia M. Carlson, Chairman of the Commission, i ~or Conley appointed Mrs. Gayle German, 118 Grandview Court, a former Comm ;ic member, to the vacancy caused by the resignation of Wayne Steinbaugh, ,.,,..c a term ending December 31, 1980; and Mr. William Burbank, 1110 N. Tioga Street to fill the vacancy caused by the resignation of Jack Hamilton, for .a term ending December 31, 1978. Resolution By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Council approve the appointment of Mrs·. Gayle ·German and William Burbank to the Environmental Commission. Carried Unanimously Capital Improyements Review Collll!1ittee . . :Mayor Conley informed the Council that he had appointed the following members to the Capital Improvements Review Committee: James Dennis and John Gutenberger to represent the Common Council; David Fuller and Rexford Hildreth to represent the Planning & Development Board; and Barbara Whispell and R. Milton Shaw to represent the Board of Public Works. Term of appointment is for one year, from June 1, 1977 through May 31, 1978. Resolution By Alderman Saccucci: Seconded by Alderman_Boronkay . RESOLVED That the Council approve the appointment of James Dennis, Johr Gutenber~er, David Fuller, Rexford Hi~dreth, Barbara Whisl_)ell and R. Mi )1 c1-.,., •. , "+ 13 r ·1-::il Tmnroveme ts/Commi ttee for a term ending May 31, 19 -5-June 1, 1977 327 BUDGET & ADMINISTRATION COMMITTEE: Transfer of Funds -Civil Service Office By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That $1,500 be transferred from A 1990 Conting~ncy Account to A 1430 Personnel as follows: Line 300, $500; Line 400, $1,000. Discussion followed on the floor. Carried Unanimously Transfer of Funds -Buildin De artment By Al erman Gutenberger: Secon ed by Alderman Boothroyd WHEREAS, Common Council adopted an Apartment House Ordinance on May 4, ,__, 1977, and 11') 11') 0 <( <( <( WHEREAS, said ordinance requires inspections of all rental units every three years, and WHEREAS, it is necessary to increase the staff of the Building Department to enforce said ordinance; NOW, THEREFORE, BE IT RESOLVED, 1. That the personnel roster in the 1977 City of Ithaca Budget for Safety Inspection be amended to include an additional Housing Inspector and one Senior Typist position. 2. That the Equipment List in the 1977 City of Ithaca Budget for Safety Inspection be amended to include an additional desk, secretarial chair, 2 four-drawer files and an electric typewriter. AND, BE IT FURTHER RESOLVED, That $10,068 be transferred from A 1990 Contingency Account to A 3620 Safety Inspection as follows: Line 100, $8,343; Line 200, $1,725. Discussion followed on the floor. Carried_Unanimously Application for Federal Grant for Planning of Sewage Treatment Works / By Alderman Gutenberg~r: Seconded by Alderman Boronkay RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A FEDERAL GRANT FOR THE PLANNING OF SEWAGE TREATMENT WORKS UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 (PUBLIC LAW (92-500) WHEREAS, the City of Ithaca, New York, herein called the applicant, after thorough consideration of the various aspects of the problem and study of available data, has determined that the planning of certain works re- quired for the treatment of sewage, generally described as Step I Waste- water Facilities Planning Studies covering the City of Ithaca and portions of the Towns of Ithaca and Dryden and identified as Project Number C-36-1095, herein called the Project, is desirable and in the public interest, and to that end it is necessary that action preliminary to the planning of said Project be taken immediately; and WHEREAS, under Public Law 92-500, the United States of America has authorized the making of grants to aid in financing the cost of planning of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith, and 328 -6-June 1, 1977 2. That the Superintendent of Public Works is directed and authorized as the official repr~s~utative of the Applicant to act in connection with the application.and to provide such additional information as may be required; 3. That three (3) certified copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York, together with the Federal application; 4. That this Resolution take effect immediately. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously - v Application for Funds -Community Renewal Program By Alderman Gutenberger: Seconded by Alderman Slattery WHEREAS, pursuant to Title I of the Housing Act of 1949, as amended, the United States of America has entered into a Contract for Community Renewal Grant Program, No. NYR-268(CR), with the City of Ithaca, hereinaftei called "municipality," dated September 14, 1970, and WHEREAS, the City of Ithaca is desirous of obtaining State financial assistance, NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Ithaca, New York that: Section 1 (a) the Municipality has prepared and completed the Community Renewal Program described in the Application. (b) the program as prepared and completed has been approved. (c) such program conforms to the comprehensive community plan for the development of the municipality as a whole. Section 2 (a) it will abide by and carry out the State Requirements for a workable progr~m of community improvement as promulgated by the Commissioner from time to time. (b) it will carry out and perform all its obligationi pursuant to thi approved Application. Section 3 (a) (b) the program has been certified as eligible for federal financial assistance and that the Municipality has entered into a Contract for Community Renewal Program Grant with the United States of America providing for financial assistance under Title I of the Housing Act . of 1949, as amended, for preparation and completion of the Program. the State Capital Grant will not exceed one-half of the cost to the Municipality of such program exclusive of any Federal or State aid or assistance therefor. • the funds available to the Municipality including any federal_ grant for the program, the local assistance and the State Capital .Grant will be sufficient to cover all probable costs of the Program and to discharge its obligations. Section 4 The proceeds of the State Capital Grant, together with any federal gran1 loo..,,, lfl lfl 0 <( <( <( -.... ,..,, ,. ., ; I' - -•• •~.oi."'"'" • -7-June 1, 1977 329 Polic~ for 1979 Capital Improvements Burl~et f By Al erman Gutenberger: Seconded by Al erman Saccucci WHEREAS, this Common Council established a procedure for Capital Project review in the City of Ithaca Administrative Code, and WHEREAS, it is the consensus of this Common Council that the procedure is valid and necessary to conform to the time schedule of the total .budget process, and • WHEREAS, to avoid improperly conceived capital projects with inadequate cost information, there needs to be more preparation time; NOW, THEREFORE, BE IT RESOLVED, That the following procedure for 1978 Capital Projects be adopted: 1. All Committees limit their review and recommendations for 1978 Capital Projects to the project applications received by the deadline date, any additional costs for existing projects and any "emergency" projects. AND, BE IT FURTHER RESOLVED, That during the next 12 months all depart- ments prepare 1979 project requests for submission to the City Controller for processing by the necessary Capital Project Review committees. Said requests shall be limited to concepts and general cost estimated until approved by Common Council. Upon approval of the concept by Common Council, departments shall prepare detail design, costs, etc. for re- submission to the Capital Improvements Review Committee by May 15, 1978 and processed according to the procedures as set forth in the Admini- strative Code. Carried Unanimously Expun~ement of 1977 Taxes By Al erman Gutenberger: Seconded by Alderman Boothroyd WHEREAS, the 1977 Tax Roll for the City of Ithaca included a parcel known and numbered as 43-2-2.1 on Cascadilla Street and owned by Robert W. Baker and G. Banfield, 803 Cascadilla Street, and 1 WHEREAS, said property was conveyed to the City of Ithaca after the tax ~ status date; NOW, THEREFORE, BE IT RESOLVED, That the tax bill for parcel 43-2-2.1 on Cascadilla Street in the amount of $7.00 is hereby expunged. Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $21,092.12 as listed on Audit Abstract #5/1977 be approved for payment. Carried Unanimously Council recessed at 9:10 p.m. Council reconvened into regular session at 9:25 p.m . . CONTROLLER'S REPORT: Revenue Sharing Requests Controller Daley reported that he had received a total of over $200,000 in requests as of today, the deadline. T T'I.TT '!r, r, r'\T'l'lf'T""T l"'\T'\ .. IT"''-T""1 r,·r,,,. ,_ ,,.., T"' _ r i 330 -8-June 1, 1977 She reported that ~he ;:ittempted to make it very clear that the Common Council's charge was not to decide on municipal power; that their charge was simply to make a decision on whether or not there would be a study regarding municipal power. On June 20, 1977 there will be a meeting of the Planning & Development Committee at 8 p.m. in the Council Chambers at which she hopes the entire Council will be present. There will be a report from the Task Force and a report from the N.Y. State Electric & Gas Company. After that meeting it is hoped that Council will make some decision on that study which the committee will then bring to the July: Council meeting . . CHARTER & ORDINANCE COMMITTEE: ✓ Resolution raising penalties for violations of Ithaca Housing Code By Alderman Nichols: Seconded by Alderman Boothroyd ORDINANCE NO. 77-6 - AN ORDINANCE AMENDING CHAPTER 27 ENTITLED "HOUSING CODE" 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 27 entitled "Housing Code" of the City of Ithaca Municipal Code is hereby amended as follows: 1. That a new section to be known and designated as Section 27.47 entitled "Penalty" to follow Section 27.46 is hereby added to said Chapter to read as follows: "27.47 Penalty Any person who violates any provision-of this Part shall, upon conviction, be punished by a fine of not less than two hundred fifty ($250.00) dollars, nor more than five hundred ($500.00) dollars; and each day's failure to comply shall constitute a separate violation. The imposition of any such fine shall no1 bar any other relief or penal ties otherwise applicable." ...., That Subdivision A of section 27.100 entitled "Violations and Penalties" be amended to read as follows: A. Except as provided in section 27.47 and section 27.57 of this Chapter, every person who shall fail to comply with a violation order issued by the Building Commissioner within the time limit stated therein shall be guilty of an offense and upon conviction shall be punished by a fine of not more than two hundred and fifty dollars ($250.00) or by imprisonment for not more than thirty (30) days or both. Each week that a violation continues shall be a separate offense. 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 Unanimously Administrative Code Revision Alderman Nichols reported tfiat the committee had been working, at the request of some of the aldermen, on strengthening the administrative rl"11 ______________ , __ ~--___ ...... --~_._,_ .L.."! __ n __ __:! __ ~ A--1-..:._.!_ -·-! ____ ,-, __ _ -9-June 1, 1977 Noise Ordinanc~ Alderman Nichols reported that there have been a number of complaints and the committee intend to work on this. Booklets Describin Cit Government and Rules and Re ulations of the Boar o · Public Works 331 Alderman Nichols reported that the committee has had several suggestions that the city publish a booklet of this type which would be a guide to city government for residents and others interested. Suggested Addition to Council Rules of Procedure requiring adjournment to the following evening if all business has not been transacted by ,___ eleven p.m. Alderman Nichols reported that it has been proposed that if it is the desire of the Common Council to adjourn unfinished business to the following evening if not completed at the regular meeting, the committee will draft this to be added to the Rules of Procedure. Discussion followed on the floor. It was decided to try to complete t!) the agenda at the regular meeting. LD Method of Fillin Vacancies on the Common Council L/ 0 By Alderman Nichols: Seconde· by Alderman Bor oni <( WHEREAS, a resolution regarding the filling of vacancies that may arise <( on the Common Council with a member of the same political party as the <( departed Council member was referred to the Charter and Ordinance Com- mittee in January 1977, and . WHEREAS, the committee has considered the matter carefully and conferred with the sponsor of the original resolution, and WHEREAS, it is the decision of the committee that this resolution would be contrary to the interests of independent voters and joint endorsements by several political parties, 1 NOW, THEREFORE, BE IT RESOLVED, That this item is hereby removed from ~ the agenda of the Common Council. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Alderman Slattery reported that the ad hoc Sewer Committee had met with the Town of Ithaca and will be meeting shortly; they are awaiting a proposal by the Town of Ithaca to discuss at the next meeting. Mayor Conley commented that in negotiations with the Town of Ithaca he asked Alderman Slattery who has been with this right along, Alderman Dennis, Chairman of the Intergovernmental Relations Committee, and Alderman Bordoni, representative of the Board of Public Works to be the City's committee to meet with the Town of Ithaca, along with the members of the Board of Public Works who have been involved with it. HUMAN SERVICES COMMITTEE: ~iderman_Boothro~d informed the Council that interest has been expressed in the City setting up an emergency rescue squad of the Police Department or some other vehicle ~ri~arily for resuscitation of probable drowning, hear~ atta~h, s!roke v1ct1ms,_etc. It is in the discussion stage, the commJttee 1s going to pursue 1t further and will report back to the Council. :D .l\.T'T"T"'l..Tli.TTAT l""trlt."1.n ro,-,,-,.... T 332 -10-June 1, 1977 PT.ANNTNG & DEVElOPMBNT COMMITTEE: vSouth Hill Park By Alderman Meyer: Seconded by Alderman Holman WHEREAS, Common Council is considering purchase of certain land on South Hill known as South Hill Park, and WHEREAS, this land could be used as a public park before it is purchased by the city, THEREFORE, BE IT RESOLVED, That the Mayor be hereby authorized to enter into a lease, subject to approval by the City Attorney and Supt. of Public Works, with the owner of South Hill Park, allowing the land to be used for a park and holding the owner harmless for any claims arising from said use of such land.· Carried Unanimously BUDGET & ADMINISTRATION COMMITTEE: '(ran·s-fer of Funds By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Planning Department be authorizea to have two real estate appraisals of the western part of parcel 92-5-9 on Hillview Place, BE IT FURTHER RESOLVED, That $500 be transferred from Al990 Contingency to A8020-407 Planning-Contractual Services. Carried Unanimously NEW BUSINESS: Water Rates Inside City of Ithaca Mayor Conley reported that he had had conversations with individuals in - the community over the years, as have aldermen and he believes it is time for Council to consider a request to eliminate the rate and one-half water rate for citizens inside the City of Ithaca. Revenue is now high enough because of expansion of services and new businesses, and bond payments low enough that it is an appropriate time to ask that all residents have the same water rates. Resolution -By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That the study of elimination of time and one-half water rates within the City of Ithaca be referred to the Budget & Administration Committee and a resolution be brought back to the Council, when completed. Carried Unanimously Tour Boat Cayuga Lake Alderman Dennis asked if there were any way the City could help to keep the Tour Boat at Stewart Park in operation. The insurance rates have increased to the point where the owner can no longer afford to operate the boat. Mayor Conley agreed to look into the matter to see what the City might be able to do and come back to .the Council. ADJOURNMENT: On a motion the meeting adjourned at 10:05 p.m. ·Ii..- LO LO 0 <( <( <( L Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. July 6, 1977 Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller -Daley City Engineer -Cox City Attorney -Shapiro Building Commissioner -Hoard 333 Dir. Planning & Dev. -Van Cort Asst. Supt. Public Works -Dougherty Fire Chief -Weaver City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderman Nichols: Seconded by Alderman Boothroyd RESOLVED, That the Minutes of the May 25, 1977 and June 1, 1977 meetings be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Gutenberger requested permission to remove Item G of XIII Budget and Administration Committee from the agenda. No Council member objected. CHARTER & ORDINANCE COMMITTEE: Sign Ordinance revisions concerning Elmira Road--request for public hearing at Au~ust 3, 1977 Council meeting By Al erman Nichols: Seconded by Alderman Holman BE IT ENACTED by the Common Council, That the City Clerk is directed to advertise a public hearing on Article 34.4, Sign Ordinance, of the City of Ithaca Municipal Code with reference to proposed changes concerning the sign restrictions to be in effect in the B-5 districts (Elmira Road and environs). The hearing will be held at 7:30 p.m. on Wednesday, August 3, 1977, in the Common Council Chambers, 108 East Green Street, in the City of Ithaca. Carried Unanimously Zoning Map change requested on East Buffalo Street--request for public hearing at August 3, 1977 Council meeting By Alderman Nichols: Seconded by Alderman Boothroyd BE IT ENACTED by the Common Council, That the City Clerk is directed to advertise a public hearing on a proposed zoning change that was requested by a property owner on May 25, 1977, to be held on Wednesday, August 3, 1977, at 7:30 p.m. in Common Council Chambers, 108 East Green Street, and BE IT RESOLVED, That the City of Ithaca Board of Planning and Development is requestad to make a recommendation concerning the proposed zoning map change at their July meeting. Carried Unanimously 334 -2-July 6, 1977 Cable Television Franchise Transfer Alderman Nichols reported on action of the Charter and Ordinance Committee's procedure in authorizing the transfer in accordance with action taken at the June 1, 1977 meeting of the Common Council. City Attorney Shapiro advised Alderman Nichols that the changes in the Cable Television Franchise should be prepared as a Local Law to be sent to the Council to be voted on at the August 3, 1977 meeting of Council and incorporated into the franchise. BUDGET & ADMINISTRATION COMMITTEE: Transfer of Funds--Board of Public Works By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That $50,000 be transferred from A1990 Contingency Account to the Capital Project known as "Stewart Avenue -Retaining Wall Repair." Carried Unanimously Transfer of Funds--Board of Public Works By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That $3,400 be transferred from F1990 Contingency Account to Account F8340-4 Maintenance.of Standpipes for replacement of cathodic protection at the Oakwood Lane Tank. Carried Unanimously Transfer of Funds--City Graphics By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That a Capital Project in the amount of $10,000 be established for a City Graphic System, and - BE IT FURTHER RESOLVED, That $10,000 be transferred from A1990 Contingency Account. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Approval of Agreement--City Gra~hics By Alderman Gutenberger: Secon~ed by Alderman Boothroyd RESOLVED, That the Mayor be authorized and directed to enter into a contri :, as approved by the City Attorney and the-Director of Planning and Developm'e1it, with Carreiro Design in the amount of $8,300 for design of the City Graphic System, and BE IT FURTHER RESOLVED, That Carreiro Design be directed to make a presenta~ tion to the Budget & Administration Committee after completion of the design development phase including estimates of the cost for the system before pro- ceeding with the next phase. Discussion followed on the floor. Alderman Meyer offered the following amendment; Seconded by Alderman Holman That the words,"and Planning & Development Committee," be added to the second paragraph of the resolution following "Budget & Administration Committee," and added "that it be presented to the Council." A vote on the amendment resulted as follows; Carried Unanimously A vote on the original resolution as amended was presented to Council as follows: RESOLVED, That the Mayor be authorized and directed to enter into a contr t .-.r-------,.,_,.., ...... -1-i..-r..;+,. ... ,,,._ --.... _"1;7' -...... ..:i 1-., .... n.; ___ ...._ ._ ..... .c n, ___ .: __ .-.-..J , _,.,.. -3-July 6, 1977 335 Account Clerk-Typist position By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the Police Department is hereby arithorized to hire an Account Clerk/Typist, Non-competitive Class -Part Time for the period from July 7, 1977 through September 1, i977. Carried Unanimously Administrative Secretary position--BuildingDepartment By Alderman Gutenberger: Seconded by Alderman Saccucci : RESOLVED, That the Personnel Roster for the Building Department be changed by eliminating the Senior Stenographer position and adding an Administrative , Secretary position. loa...r Discussion followed on the floor. A vote on the resolution resulted as follows• Carried Unanimously Administrative Secretar A ointmeht'-'-Planning' De artment LO By Al erman Gutenberger: Secon e • y Alderman Nichols LO WHE~E~S, Ma~garet Haine w~s provisionally appointed_ t,J the position of O Adm1n1strat1ve Secretary 1n the Department of Planning and Development <( at Step 6, and <( WHEREAS, Margaret Haine has taken the test for Administrative Secretary <( and scored 92.4%, the highest of those taking the test, and WHEREAS, the Director of the Department of Planning and Development wishes to appoint Margaret Haine to a probati'onary period leading to possible permanent appointment as Administrative Secretary in the Department; BE IT RESOLVED, That Margaret Haine be appointed to the position of Administrative Secretary in the Department of Planning and Development at an annual salary of $9,382, for a probationary period as provided by Civil Service regulations. Carried Unanimously Senior Clerk Positions--Finance'• Department By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Personnel Roster for the Finance Department be changed by eliminating two Account Clerk positions and dn Account Clerk/Typist posi- tion and adding three Senior Clerk positions.and that Civil Service be-re- quested to hold a promotional exam for the three Senior Clerk positions. Carried Unanimously Sa1ar~ Adjustments CETA workers--Youth' Bureau By Al erman Gutenberger: Seconded by Alderman Dennis WHEREAS, a recent ruling of the CETA:.Manpower Unit of the N, Y, s·. Department of Labor has stated that CETA participants are to be treated the same as other employees of the municipality, and WHEREAS, the CETA participants in the Youth Bureau are being paid less than the salaries established by the 1977 Compensation Plant, NOW, THEREFORE, BE IT RESOLVED, That the following salary adjustments be made: Frederic Sayne from $8,450 per annum to $9,814 per annum Mark Bailes from $8,450 per annum to $9,814 per annum , Allen Green from $8,450 per annum to $9,437 per annum 336 -4-July 6, 1977 NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca hereby accepts this conveyance and the terms and conditions as set forth in the Tompkins County resolution No. 143 as adopted June 13; 1977. Carried Unanimously v Expungement of City Taxes..:..:213 S. Plain Street WHEREAS, the City of Ithaca has accepted the conveyance of the premises located at 213 S. Plain Street; arid WHEREAS, there are taxes due to all taxing jurisdictions including the City, and WHEREAS, it is necessary to expunge the City taxes on City-owned property; NOW, THEREFORE, BE IT RESOLVED; That the City of Ithaca taxes arid penalties levied on the property located at 213 S. Plain Street afe hereby expunged. Carried Unariimousiy - v Expungement of City Taxes..:-207-17 W. Stafe Sfieet By Alderman Gutenberger: Seconded by Alderman Saccucci • WHEREAS, the City of Ithaca purchased the property located at 207~17 W. State Streeti and WHEREAS, City of Ithaca taxes are dtie~ NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca taxes ori the property known and numbered as 207-17 W. State Street are hereby expunged~ Carried Unanimously Appro~riation Drug Abuse Program By Al erman Gutenberger: Seconded by Alderman Dennis WHEREAS, this Common.Council appropriated $719 for the Tompkins Co.unty Yoiitfi Drug Abuse Program for services during the period of April 1, 1977 to June 30, 1977, and WHEREAS, an additional amourit of $1,438 is necessary for the remainder of 1977; - NOW, THEREFORE, BE IT RESOLVED, That the contract with the Ton~kins C6tirity Drug Abuse Program be amended to include an additional $1,438 for services for 1977. Carried Urianimously Spencer Road and Coddington Road Water' Rates By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That this Common Council strongly recommends to the Board of Public Works that the outside rates for water and sewer presently charged to the properties in the Spencer Road area, which has been annexed to the City of Ithaca, be reduced to the present rates charged other usefs iri the City of Ithaca for services on or after January 1, 1978, and BE IT FURTHER RECOMMENDED to the Bioard of Public Works, That future sewer assessment charges on properties in the Coddington Road area be eliminated beginning 1978. Discussion followed on the floor. City Attorney Shapiro suggested that the second paragraph of the resolution read, "BE IT FURTHER RECOMMENDED to the Board of Public Works" in place of "BE IT FURTHER RESOLVED." -5-July 6, 1977 337 NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby declares an emergency and authorizes the Police Department to make direct purchases of vehicles withiri the 1977 City of Ithaca Budget appropriation. Carried Unanimously Program Budgeting By Alderman Gutenberger: Seconded by Alderman Dennis WHEREAS, Common Council adopted a resolution on May 5, 1976 setting 1978 for implementation of Program Budgeting, and -WHEREAS, due to staffing problems, all departments will not be able to 1 1conform to said schedule; \ NOW, THEREFORE, BE IT RESOLVED, That this Common Council establish the '--o,,;following schedule for Program Budgeting submissions: For the Year 19'8: Youth Bureau Fire Department Finance Department Building Department LO LO 0 <( Civil Service Department Mayor's Office For the Yiar 1979: Planning Department Police Department <( <( For the Year 1980: Department of Public Works Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administra- tion Committee in the total amount of $42,241.55 as listed on Audit __ ,. Abstract #6/1977 be approved for payment, lscussion followed on the floor. 1 ........, vote on the resolution resulted as follows: Carried Unanimously COMMUNICATIONS: One-wc:..y Streets City Clerk Runclle read the following letter addressed to the Mayor and Common Council from William S. Downing: nJ.une 20, 1977 The Mayor and Common Council City of Ithaca City Hall Ithaca, New York 14850 Dear Sirs, The evidence that the one-way street status of Aurora Street and Cayuga Street has only served to disrupt the normal flow of traffic is now so clear, I would like to request Council and the Board of Public Works to restore these streets to their previous status. Th 0 round-about routing of all southbound traffic along Cayuga Street ♦i -6-338 July 6, 1977 Mr. Downing addressed the Council, saying that the new traffic pattern of one-way streets in downtown Ithaca has created a bedlam of noise and confusion as so much of the traffic headed south is diverted tortuously through the business district. It has caused excessive traffic complica~ tions and waste of energy, as well as excessive noise and accidents along Cayuga Street. The noise and confusion is dreadful for those who live and work in this area and frustrating for all the rest. Some of the worst of the noise is caused by the City police cars, especially at night, speeding through downtown streets, sirens screaming. He said.he doesn't kn6w who is going to protect us from these drag races in uniform but he is sure this practice is as dangerous as it is disruptive of the peace and tranquillitx- of the City. He suggested (1) restoration of two-way traffic on Aurora ! and Cayuga Streets, and (2) a noise ordinance that will control the bad muffler situation and the screaming of police sirens. Green Street Parking Ramp City Clerk Rundle read the following letter addressed to Mayor Conley: "May 31, 1977 Hon. Edward Conley Mayor, City of Ithaca City Hall Ithaca, New York 14850 Re: Green Street Parking Ramp Dear Mayor Conley: I had a meeting with one of the large merchants on The Commons last week. It was suggested that I write this letter to you with a copy to the Republican mayoral candidate to call to the attention of both of you a very serious problem. It appears that the downtown merchants are having a great deal of difficulty competing with the free parking provided by Pyramid Mal1 and the other shopping centers on the city fringe. It is suggested that perhaps the City could undertake a program of permitting parking undernea1 the Green Street parking ramp on a charge or no charge basis until such time as that area is utilized as originally contemplated. Also, the area..._ directly behind the old Montgomery Ward building, City Hall parking lot, , Holley's, etc. has1 never been swept and cleaned and it would be nice if you could have one of your portable sweeping machines sweep the area on a weekly basis. From what I can understand, the downtown merchants need all the help they can get and we would appreciate your serious consideration of developing the area mentioned above for parking. Yours very truly, Manley H. Thaler Thaler & Thaler Attorneys and Counselors cc: Vincent Giordano Giordano Construction Co. 602 Hancock Street Ithaca, New York 14850" Resolution By Alderman Saccucci: Seconded by Alderman Slattery RESOLVED, That the above letters be referred to the Parking, Traffic and Transit Committee of the Board of Public Works for implementation, or I I "July 6, 1977 The Honorable Edward Conley, Mayor Members of the Common Council Dear Mayor Conley and MPmbers: -7-July 6, 1~77339 This letter is to inform ycv that I will not submit a development plan for the Center Ithaca vacant parcel. As I told you at the Common Council meeting of Thursday, June 23, 1977, the July 21 deadline does not permit enough time to properly prepare 1documentation for the project. I Very truly yours loo..-• ' Anton J. Egner ANTON J. EGNER & ASSOCIATES" Other Communications: Mayor Conley asked what the Council wished him to do about the folder of letters and petitions received on the items of Rte. 96 and Municipal Power. L!},J 1 aldermen had been given copies of the materials. 111 aesolution ~y Alderman Slattery: Seconded by Alderman Saccucci <ESO~VED, That reading of the letters be waived in order to expedite the <( eet1ng. Carried Unanimously CITY ATTORNEY'S REPORT: City Attorney Shaptro informed the Council that the city h~s been served with some papers by the Lentley Corporation, but he has not had a chance to read them as yet. MAYOR'S APPOINTMENTS: rban Renewal Agency ayor Conley announced the appointment of Mr. John M. Crowley, 96 Ithaca ___ oad, to the Urban Renewal Agency, as a representative of the Ithaca Housing Authority, to replace Stuart Stein for an indefinite term. Carried Unanimously Resolution By Alderman Slattery: Seconded by Alderman Gutenberger RESOLVED, That this Common Council hereby approves the appointment by Mayor Conley of Mr. John M. Crowley to the Urban Renewal Agency for an indefinite term. Carried Unanimously Urban Renewal Agency Mayor Conley informed the Council that he had received the resignation of Lloyd Street from the Urban Renewal Agency. He announced the appointment of Raymond Bordoni, Jr., 415 Utica Street, Council liaison member of Board of Public Works and voting member of the Planning Board, to replace Mr. Street. Resolution By Alderman Saccucci: Seconded by Alderman Slattery RESOLVED, That this Common Council hereby approves the appointment by Mayor Conley of Raymond Bordoni, Jr. to the Urban Renewal Agency to fill the vacancy caused by the resignation of Lloyd Street. Carried Unanimously 340 -8-July 6, 1977 a group of doctors to open up and maintain their own medical facility, as long as the proposed Medicine Center is not going to include an emergency facility. He said it would be a more efficient operation and put the property back on the tax roll. He asked if the architect's services had been put out to bid and was told that professional services are not bid. t .. J Resolution By Alderman Meyer: Seconded by Alderman Nichols RESOLVED, That Common Council accepts the concept for the Downtown Family Medicine Center as presented by Architects Taube and O'Brien, and requesti the architects and the Board of Public Works to proceed with construction of the facility. Carried Unanimously Municipal Power Alderman Meyer read the original resolution that appeared on the agenda: RESOLVED, That the City of Ithaca not undertake a feasibility study of the question of a municipal power system at this time. BE IT FURTHER RESOLVED, That the City Attorney be directed to investigate the possibility of making formal inquiry to PASNY as to availability of PASNY power to the City of Ithaca. BE IT FURTHER RESOLVED, That the City Attorney make a formal request regarding the availability of PASNY power and if he is not able to undertake this as the legal representative of the City, that he should investigate the possibility of hiring legal assistance to obtain this information. Alternate Resolution 1~·1derman Meyer then offered a substitute resolution: BE IT RESOLVED, That the City of Ithaca will not undertake a feasibility, study of the question of a municipal power system at this time, and BE IT FURTHER RESOLVED, That the City Attorney, acting as the legal representative of the City, shall attempt to secure a preliminary commitm1 of power from the Power Authority of the State o:f N2w Yo:rk and that he be_ authorized to employ such legal assistance as may be necessary for this purpose, subject to the approval cf the Budget and Administration Committee. City Attorney Shapiro informed the Council that he has already written to PASNY and is awaiting their reply. Discussion followed on the floor. The following persons spoke to the Council in favor of exploring the availability of PASNY power to the City: Peter Costanza, 26 Danby Road Richard Schramm, 117 Stewart Avenue, City (Chm., Municipal Power Task Force) William Burbank, 110 N. Tioga Street, City Ben Nichols, 109 Llenroc Court, City (member, Municipal Power Ta;:;k Force) Richard Hirlemann, 229 Valley Road (offered petition of over 60 sig- natures of businessmen in area) Richard Berg, 601 E. State Street, City Harry DeLibero, 312 Hancock Street, City (member. Municipal Power Task Force) Jonathan Cottrell, 430 N. Titus Avenue, City (offered petition of over 70 signatures of businessmen in city endorsing further study) -9-.July 6, Mayor Conley made the following comments: Bcc:111:;c of the question o~-PASNY power, and the question of condcnm:-:t:ion procccdinrs where the1·e is not a clear-cut precedent set in New York State of what happens when an mn.,jJling seller /~oes through condemnation and the outcome is uncertain. the cost of severance and the start-up cost of starting a new service such as municipal power, Mayor Conley said that he is taking tl1e position and recomme~ding to Council that they do not proceed w i th th c s tu d y . Howe v e r , the C i t y sh o u 1 cl in v e s t i g at e , ... it h i t s own 1 e g c1 J department the best possible way it can as to the availahility of power. If that is positive, at that point we sl1ould re-evaluate this issue to see if any additional steps should be taken. This is an obligation we have to our citizens. Alderman Mever introduced the substitute resolution as follows: By Alderman ~eyer: Seconded by Alderman Nichols BE IT RESOLVED, That the City of Ithaca will not undertake a feasibility study of the question of a municipal power system at this time, and U1 BE IT FURTHER RESOLVED, That the City Attorney, acting as the legal U1 representative of the City shall attempt to secure a preliminary commitment O of power from the Power Authority of the State of New York and that he be <( authorized to employ such legal assistance as may be necessary for this <( purpose, subject to the approval of the Common Council. <( Alderman Slattery offered the following amendment to the resolution: Seconded by Alderman Gutenberger At the end of the Committee's amended resolution: add "AND, BE IT FURTHER RESOLVED, That if a determination can be made that PASNY power is 3VaiJable to the City of Ithaca, the question of municipalization of the NYSE&G Corp. shall be placed on the next immediate Board of Referendum for final determination by the voters." Discussion followed on the floor. L.., City Attorney Shapiro suggested that even if PASNY power is available, there are a number of questions or issues faced by the City before it can be put to a public referendum. He also pointed out that the State Controller and Attorney General's office have consistently said that advisory referendums are unwarranted, unauthorized and improper expenditure of public funds. Atty. Shapiro said he didn't think a referendum could take place, but there are other ways of sampling public opinion. Aldermen Slattery and Gutenberger withdrew their amendment. The question of the adoption of the substitute resolution was duly put to a vote on roll call, which resulted as follows: Alderman Boronkay Voting Aye Alderman Boothroyd Voting Aye Alderman Nichols Voting Aye Alderman Saccucci Voting Aye Alderman Gutenberger Voting Aye Alderman Holman Voting Aye Alderman Meyer Voting Aye Alderman Slattery Voting Aye Alderman Bordoni Voting Aye Alderman Dennis Voting Aye 342 -10-July 6, 1977 vRoute 96 Alderman Meyer presented the original resolution of the Planning & Develop~ rncnt Committee: • WHEREAS, a four-lane solution to the traffic p .. ·oblems that exist in the west end of the City, known as the 'Octopus' does not appear to be in the best interests of the City as a whole; BE IT RESOLVED, That the Department of Planning & Development be instructed to work with the state and federal governments in exploring other alternatives. BE IT FURTHER RESOLVED, That the City of Ithaca Planning & Development Committee recommends that Common Council obtain the New York State Depart" ment of Transportation's impact statement dealing with the areas cast and_ west of Meadow Street, and recommend that Common Council proceed in the joint venture with the state and federal governments toward a solution to the Route 96 problem. Alderman Slattery presented a substitute resolution: WHEREAS, the Common Council, as provided for under New York State fiighway Law, will have an opportunity at a later date to approve, modify, or reject all alternative roadways designs proposed by the New York State Department of Transportation, and WHEREAS, there are serious traffic and safety problems caused by the present configuration of the Octopus intersection, the at-grade intersection of the east-west streets with the railroad tracks, and the high volume of traffic on Cliff Street, and WHEREAS, it appears at the present time that there will be negative economic and environmental consequences to the City if the currently proposed NYSDoT alternatives for Route 96 are implemented, and WHEREAS, NYSDoT has agreed to prepare a study of the impacts of the proposed solutions both east ~nd west of Meadow Street, in order to lessen their possible negative environmental impacts, NOW, THEREFORE, BE IT RESOLVED, That the City, through its Departments of- Planning and Development and Public Works, continue to work witl1 the NYSDoT toward finding a solution to the problems. BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fully n. lower- impact solution as one of the design alternatives. Mayor Conley explained that at the Planni:r1g and ncve 1 opment Committee of Council's meeting he indicated he would call Comm'r Hennessey to <liscuss with him prior to the Council meeting ~hat the Committee's action would nean. In a conference c:dl (Mayor Co11ley, Planning D:i·rector Van Co-rt, City A-~.ty Shapiro) to Comm'r f-IE::nne.ssey, the coi~nnittee's resoLution w:1::: read to Comm 1 ;-Hennessey, ,vho said it. would be Vl~ry difflcult for the Fcclc>ral Highwat Administrat:on to_~utho~ize t~en1 to proce~d t? de~ign h?ar~ngs and nr'''f'('~·to t11e n-·x·t <'tr.,.;,·•+ tJ•n Cot1~1ci 1 ··er° Cil't"L--L .... " lt ,-..1-f at l)'l"l·····111v 1.,.\)..._ __ ,t;:(l -... , ... e~ ;:, ct" -1..J... , . ..:., ..1 -'.1-_, -'-r\J·_\_~..,. .. .1._,._,.:-, _ u __ .. 1...,_'"-'"-·····,, : h.:1.t point. In talking to Con,rn' r Hennessey the feeling w·;s th:1t if Council ;,i,i-:r-·•·te ·>],av -i:,c,.1+ +'11 0 ·iCro,1r-l·0 :1P ,-.--.l,··+;c)'J l,3.~ rlj:·i:;,.,,,t fnr tl1 elfJ 1,11 1· ·11"dr1't .. ' .. J.. \,,..\. .. L •.._.. <..L , ~, 1 \_~ / _L V . l.,-_ \.... & ._. • l.,....1 _ _,, ..__} V .L. '--~ ,~ ~ , . ~ .._, ..._... .J .. .J... .&.. • .,_. .,.., ..t.. V ..._ '"-~ ._ 1 ,_ \,. _ c 1Jsolutely close the door) thev would be able tc p-roceed with the :-;tudies and giv(-; the City of Ithaca all i:hc infcrn;ation S."-' that t11e city c.111 h:ise its decision on all of the information which includes the traffic stuJics east and west o:f Meadow ~<:reet, as wc-Jl as the c•iticc1l intersections that the City' h.as i:lcn.tified ~vit11 Cc1n1,1 1 r !~(~n1·1c~~·:(.;:" .ir: I)-rt~vicus n1eeti11gs. -] t --Ju1y 0 be wi1Jing l;l investigate and fully 1,1ork up tlic lm,·er-imp:1c~· so1ntions during the cksign ph~.;~;c. \Vi.ti~ rh;,t in rn\,:d tlH· su!istitutc resclut-ion ,\:ts dcvc-Jo11ccl \1hi;_·h mention~~ spccificallv tL:!t the Common Coinci.1 will hov.: 2.nc.t.l1cr cf::11:c~c at titt~ r.:o·r,~~ 111 .. 011·•-~--~~-~fs 1.·._Lti1 tJ;e l->r,p,:11·tt111i·tv· to L!z:·c.ent, 1•c·icct- or 1nod·1f;l ~·,1,,r r)r011os;_1·l .. <~ bJ"()lti~.1:r LC)f'tli r1·:_· t.11.c end. ()f t118 d~sig·n r·crJ_o(l -- Seco11dl)', it ~~·T)CCi.fi~o._1_1),. n1c.ntjon::. the c;1·1,ti1~onrne11t:1l JJrobJ..ents t11at a1·e ()f suc11 grc·at c~_;1;cerr1 t.o r.1.:-111;/ ·pccJJle~ ·rJ1i·r<lly·, it dir,2cts J\JY-SDo'f to e:·{atni.:·,_:.: lower-impact solt,t.i.on:.;. Al::(), it all.ohs them to go ahead with pl:Jnning for the proj cct, where t11e Cammi ::~cc' s resolution rci cctecl what they h::-.d i1orH:' and would rnc1kc it ir1pc,~;s:iblc for them ·co [1,c ahead m:d would close the !door 011 rccei"vi11(_: a:n_'-/ st.cite ar~.d dcra f1.1.nds t11at ,~.rol1lcl co1ne \iJitl1 coo1Jcr;~~- :tion with the Do'f. Thc-:Tefore, Dir. Van Curt recommended passage of t}1~ substitute resolution. i,._, C:i ty Engineer Cox exp let ined tL at there is a p J ;rnning phase and u cle sign phase. The planning phase~ that of choosing the corridor, is completed and the state has not yet begun the design stage wl15ch consists of: aJ.ternative development and ]mpact iclentific::itio11; impact analysis; public heaTing~:; evciJ.u:1.tion and. design recornm2nclations; development of detailed plans and specifications; and preparatior1 of construction plans. LDAlu-'1°··1",,n c:.J,, .. ,.,,(_C_; ,.,,.·J\. ... ,.,,d· i•J·1 ''--'' ntJ(>C''t-·i \Jrt'". 1'10llld +-J·1e C'1" t'T r"'(>'•'L·1·n.ue, +,:o }1r1 .. :.·1.r2 LD \,.· J. t. Cl L., C , L, t-, .. ~ . .l. t:-.::, . \.._,, • 1,.... _L ;.....· -._, ~t .. -' J ""-·· . _._ ~) • H l, ) ...._ . ., -" . _ ~ _ O public hcac:ngs one~ tJ-c impact studies are made? to ,vhich City Engines:r Cox a.rswc•rpcJ, yes; Does the City have the option of choosing the plan c::[they \·:ant? to ,du ch City Eng inc er Cox ans we red that they have the opt ion c::[of apr; ro·, ing, re _j ect 1ng or modifying; Does Common Council st i 11 have c::cthe fin al word':' to whi di City E:ngineer Cox answered, yes. ' ......... The following members of the public spoke in support of the orig nal resoll:tion of the PJanning & Development Commi ttec of Council wh ch opposed the construction of a four-lane highway as a solution to the Rte. 96 problem: Mark Carver, Trumansburg, N.Y. Ellen Harrison, Brooktondalc, N.Y. Dan Hoffman, West Danby, N.Y. (representing Ecology Action) Peter Costanza, 2613 Danby Rd., Danby, N.Y. Lucy Ophenhcim, 111 W. Yates Street, Ithaca, N.Y . Allen McNeil, 201 Highland Avenue, Ithaca, N.Y. Lisa Penfield, 201 Highland Avenue, lthaca, N.Y. Don Enichen, East Shore Drive David Hoffman, 1601 Trumansburg Rd. Mrs. Helen Romanows1a, 610 W. Buffalo Street, Ithaca, N.Y. (obtained more than 4,000 signatures on petitions) Richard Berg, 601 E. State Street, Ithaca, N.Y. Steven Beeler, Townline Road Hazel Love, 708 W. Court Street, Ithaca, N.Y. Chris Kalaf, 306 N. Aurora Street, Ithaca, N.Y. Steve Porter, 314 Farm Street, Ithaca, N.Y. Mr. Larry Fabbroni, 234 Enfield Falls Road, advised that more study be done on both the state's proposal and the alternative proposals. Mr. Vincent Giordano, 57 Woodcrest Avenue, stated that the city may not need four lanes, or even a two-lane highway, but it does need more pave- ment and another bridge. Mayor Conley read two resolutions passed by the Board of Public Works of the City: 344 -12-July 6, 1977 move ahead in a joint venture with the state and federal governments toward a solution to the Route 96 problem accordirlg to the standards which have to be met. Carried Unanimously Mayor Conley voted affirmatively with the Board. Mayor Conley also read Resolution No. 159 Support of Proposed Realignment of Route 96, passed by the Tompkins County Board of Representatives: Introduced by Mr. Clynes, seconded by Mr. Watros. ''WHEREAS, the Tompkins County Board of Representatives has previously indi~ cated its support of the proposed realignment of Route 96, and WHEREAS, a routing for four lane construction from the City of Ithaca to - the Tompkins County Hospital has met with acceptance from several interested groups, and WHEREAS, the proposed realignment of Route 96 is of the utmost importance to the future of the new Tompkins County Hospital and to the delivery of health care to our citizens, now therefore be it RESOLVED, That the Tompkins County Board of Representatives recommends to the Common Council of the City of Ithaca that no precipitous action be taken that would either upset the funding cycle for said project or any other action that would delay the start of this project, and RESOLVED, further, That the Tompkins County Board of Representatives reaffirms herein its support for the earliest possible implementation of this project." Mayor Conley asked Planni11g & Development Director Van Cort to read a communication containing a resolution of the Planning & Development Board: 5 July 1977 "Mayor E.J. Conley and Members of Common Council I am writing to transmit to you the following resolution on Route 96, whi~ was passed unanimously by the Board of Planning and Development at its regular meeting on June 28, 1977: BE IT RESOLVED, That the City of Ithaca Planning and Development Board reco~nends th1t Common Council obtain the New York State D8p rtment of TTansport at ion 1 s impar.: t s ·:: t0mcn t de al-i. ng 1,:i th th A areas east and v:est of J\Jea<luw St., and rec1)1'1111er:d tha !: Com:11on Council proceed in the joint: Fentu:"2 \!ltll the s\:ate and federal govi,-rnments toward a solution to the Route 96 problem. - In studying this issue, Board members attended al] mectir1gs with the state 'Incl f::) ra1 highway oi'fici,,ls as l,:cl1 as other pub! ic s,:ssions including t11csc~ of tl~c Cort~~~-~11s-iJS C ttec~, Y'f~~.cl a1··1_ ;1"1/J_.i}.~-1l)le <locltrJlr~rtts i·nc11Jtli11g tJ~iCJ~3e 1Jl'"G:.1.gl1t fuJ~tl-1 b}·-grutJ·ps })rOl)()Si .. :~g ot.l1e1, clltc.:1·1lati,rcs, rt.net 0tter1-'J.2d t:!_:::i,.)1 fJri.CJI" IHf:::~~:tir1gs of t11.is Eoarcl u.t \·/hJ..c:}1 h :~c. ~}(1 1-..'as aI1 <tg'-~nd.ll item .. E-~-i ,h rnenioc:~r c~C t.li.e BoaT·d. e_1ctc11:~:i __ \/c1~•.r disc1J5~ecl ·t:11e prob1en,s a:nct isst1.cs tl"l o::i"~e1· 1c·ca.l rr2.sidcr!_ts, IJart.~_ct1.·i_?1.·J)r t'i:{ __ ise i:n tl1c:i-.r.· o~vn nc.lg"llbo1·11oc)c1s. We s,.~e the follcnring r,1oh1en;~. wl1ich sho,:td ::)(,; so::\iC:d: irt,l(L!quate capacity ("1i'1 the llcr.c:pu.s ·for pca.1<: ]1.cJLJr t.::;_l_ffic t.~01.l11ac,s, i "J qtta.tr! ft1L1J.r0 c:1·p::1r:i t·y (}fi CTif:E St1·cet C1.S ir1(i.}_c:~1r~_;j by-· JJi::iii~llf11 1)·1:.•._:icctic,n ,:;{~ ?T1t.i.cir1at:?d _gro\:t}1, . nc·! ~·)cca.·-~-io11a1 bJ.c;c.ka~~~•:: of 1~dr·-~.J :;_ccc ... _.c.1 the L.u=:p t;11 b:.r t.t1c t}-··gJ·:1(1e .111_1_.crscc::.tio_n of tl1-2 1~:).iJ.r.J;.1cl ·c .... :~.l_ks anf.) 1..;~1.---~c,.··\\'85.L ~~:tr·ect~·J .. -13-July 6, 1977 34,5 Our resolution in support with continuing to work with NYSDoT should be understood as a strong stand in favor of solving the problems. No member of the Board has attended any meetings at which there was any support for the "do-nothing" alternative. It is clear that the financial resources of the city are not adequate to build the highway and continue to provide the level of services now expected by its citizens. Therefore, our resolution urges Common Council to continue working with NYSDoT and the FHWA to seek solutions to our problems which will have minimal environmental, social and economic impacts. Yours truly, ~eGrace Benson, Chairperson 1o .. }oard of Planning and Development" Mayor Conley asked Alderman Holman to read the resolution passed by the Environmental Commission: Resolution By Comm. Burbank: Seconded by Comm. Sterling WHEREAS, The New York State Department of Transportation plan for a four- LD..ane highway is too drastic a solution for existing problems in Ithaca, l.!)nd EREAS, the proposed state plan is detrimental to Ithaca's environmental, onomic, and residential needs, and caters too much to the needs of the urrounding area instead of those of the city itself; <( THEREFORE, BE IT RESOLVED, That Common Council is advised to reject the State Proposal, and instead take the following actions immediately: (1) move to establish emergency medical facilities downtown (2) investigate preemptive signals for emergency vehicles crossing the railroad tracks (3) consider the possibility of a bike route up West Hill and bike racks on buses 4) investigate the possibility of scheduling trains to avoid rush hours ....__5) negotiate with the county to establish a bus route to the hospital area. In considering longer term solutions, the Council is advised it should focus on Ithaca's particular problems and not accept solutions which do not take our local needs into account. For example: (1) locate a second bridge to West Hill in an area which enhances the city's own needs for development (2) a railroad overpass if still necessary (3) removal of truck traffic from Cass Park. Carried Unanimously Mayor Conley requested re-reading of the original and substitute resolutions. Alderman Meyer presented the orig_nal resolution of the Planning & Develop- ment Committee: Seconded by Alde~man Nichols WHEREAS, a four-lane solution to the traffic problems that exist in tt,e west end of the City, known as the 'Octopus' does not appear to be in the best interests of the City as a whole; RE IT RESOLVED, That the Department of Planning & Development be instructed J work with the state and federal governments in exploring other alterna- -14-346 July 6, 1977 WHEREAS, there are serious traffic and safety problems caused by the present configuration of the Octopus intersection, the at-grade iritef~ section of the east-west streets with the railroaa tracks, and the high volume of traffic on Cliff Street; and WHEREAS, it appears at the present time that there will be negative ,economic and environmental consequences to the City if the currently proposed NYSDoT alternatives for Route 96 are implemented; and WHEREAS, NYSDoT has agreed to prepare a study of the impacts of the proposed solutions both east and west of Meadow Street, in order to lessen their possible negative environmental impacts; NOW, THEREFORE, BE IT RESOLVED, That the City, through its Departments of Planning and Development and Public Works, continue to work with the NYSDo~ toward finding a solution to the problems; BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fuily a lower~ impact solution as one of the design alternatives; Alderman Meyer offered the following amendment to the substitute resoiutiori: Seconded by Alderman Nichols Paragraph 5, line 2, following Public Works: add, "arid a representative of Common Council." A vote on the amendment resulted as follows: Ayes (.9) -Boronkay, Boothroyd, Nichols, Saccucci, Holman, Meyer, Slattery Bordoni, Dennis Nay Cl) -Gutenberger carried Alderman Gutenberger offered the following amendment to the substitute resolution: Seconded by Alderman Boothroyd Last paragraph, line 2, following "explore fully": add "various"' add "s" to solution; delete "as one of the" and substitute "among~" Discussion followed on the floor; A vote on the amendment resulted as follows: Carried Unanimously -Alderman Boronkay suggested adding "economic" after "negative" in lirie 3 of paragraph 4, which was acceptable to the Council; Further discussion of the resolution followed~ Alderman Nichols offered the following amendment to the substitute resolution: Seconded by Alderman Meyer Paragraph 3, line 1, before "negative": add, "unacceptable~" Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (3) -Nichols, Meyer, H0lman Nays (7) -Boronkay, Boothroyd, Saccucci, Slattery, Bordoni, Dennis, Gutenberger Motion Defeated LD LD 0 <t <t <t I -- -15-July 6, 1977347 WHEREAS, it appears at the present time that there will be negative economic and environmental consequences to the City if the currently proposed NYSDoT alternatives for Route 96 are implemented, and WHEREAS, NYSDoT has agreed to prepare a study of the impacts of the proposed solutions both east and west of Meadow Street, in order to lessen their possible negative economic environmental impacts; NOW, THEREFORE, BE IT RESOLVED, That the City, through its Departments of Planning and Development and Public Works, and a representative of the Common Council, continue to work with the NYSDoT toward finding a solution to the problems, BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fully various lower impact solutions among design alternatives. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderman Saccucci Voting Aye Alderman Slattery Voting Aye Alderman Holman Voting Nay Alderman Boronkay Voting Aye Alderman Dennis Voting Aye Alderman Gutenberger Voting Aye Alderman Nichols Voting Nay Alderman Meyer Voting Aye Alderman Boothroyd Voting Aye Alderman Bordoni Voting Aye (8) Ayes (2) Nays Carried Original Resolution of Planning & Development Committee By Alderman Dennis: Seconded by Alderman Boothroyd RESOLVED, the original resolution of the Planning and Development Committee of Council, in regard to Route 96, be tabled until a later date. Carried Unanimously Municipal Overburden I By Alderman Meyer: Seconded by Alderman Dennis WHEREAS, the state legislature has seen the necessity of providing addi- tional assistance to cities and counties with excessive amounts of tax- exempt property to relieve them of tax overburden, and WHEREAS, the cities that have been assisted to date are large cities with as little as 23% of their taxable property exempted, and WHEREAS, the average tax exemption for cities in the state is 36%, and WHEREAS, the City of Ithaca has the highest percentage of tax-exempt property for any city in the state, 61.4% in 1976, and WHEREAS, the tax burden to Ithacans is greater than that imposed on resi- dents of other cities of comparable size, with approximately $2,500,000 foregone in tax revenues, THEREFORE, BE IT RESOLVED, That Common Council pursue legislative action to relieve the city of its disproportionate tax overburden, through financial assistance to cities with over 50% tax-exempted properties. Such LO L!) 0 <C .<( <C Special Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. July 13, 1977 Aldermen (7) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman Saccucci ABSENT: Aldermen (3) -Meyer, Nichols, Slattery OTHERS PRESENT: Controller -Daley City Attorney -Shapiro Building Commissioner -Hoard Dir., Planning & Development -Van Cort Asst. Chief, Fire Dept. -Nyberg City Clerk -Rundle The meeting was called to order at 8:10 p.m. by Mayor Conley. Discussion was held on whether to take action on the agenda, or to adjourn the meeting to a later date. City Attorney Shapiro reviewed the background of the events leading to tonight's meeting. Resolution By Alderman Holman: Seconded by Alderman Boronkay RESOLVED, That the meeting be adjourned to July 21, the date originally scheduled for Council to meet to discuss the matters on the agenda. Discussion followed on the floor. Alderman Boronkay removed his second of the motion. L Resolution By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Council will reconvene at 8:00 p.m. Thursday, July 14, 1977 to act on the agenda. Discussion followed on the floor. • Aldermen Gutenberger and Dennis withdrew their resolution. Discussion followed on the floor. City Controller Daley reviewed the Urban Renewal Project NYR-112 financing. SPECIAL ORDER OF BUSINESS: Center City Development ✓ By Alderman Dennis: Seconded by Alderman Bordoni WHEREAS, the partnership or association comprised of Robert O'Brien, David Taube, and James Gardner has negotiated the purchase of certain land in the so-called Center Ithaca Project area currently owned by CDC- Ithaca, Inc., for the purchase price of $300,000.00 plus tax adjustments and closing costs, and WHEREAS, the said O'Brien, Taube and Gardner have offered to permit the rt.!••• -~ y.._1,. ___ --..l 1--T•t...---TT-1..--n---••-, "----•• •--••--1....---•1'-__ ,: ..l July 13, 1977 350 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That there is hereby authorized the sum-of $325,000.00 to fund said purchase, and 2. That the Mayor be and hereby is authorized to execute any and all documents on behalf of the City of Ithaca to give and receive said releases subject to the approval of the City Attorney, and 3. That such funds as may be necessary be advanced to the IURA to effectuate the said purchase of said land and rights of said association, subject to the approval of the City Attorney at a price not to exceed $300,000.00 plus tax adjustments and closing costs, and ----.. 4. That the said IURA shall repay the City immediately upon receipt of its capital grant funds, and 5. That question of the costs of the said association in obtaining their said purchase rights be deferred to a later date for further consideration. Discussion followed on the floor. Alderman Saccucci requested that the deadline date of July 21, 1977 for potential development be extended 60 to 90 days in order to give more time for other developers to compete for the Center Ithaca Project. Alderman Saccucci said this would be more profitable to the city taxpayer both in property and sales tax revenue. Resolution By Alderman Holman: Seconded by Alderman Boronkay . RESOLVED, That the vote be tabled until tomorrow at some mutually agreeable time so that those who were here earlier in good faith could be present for the vote. A A vote on the resolution resulted as follows: Ayes (3) -Holman, Boronkay, Saccucci Nays (.4) -Bordoni, Boothroyd, Dennis, Gutenberger Motion Defeated vote on the main resolution resulted as follows: Ayes (p) -Boothroyd, Bordoni, Dennis, Gutenberger, Boronkay, Saccucci Abstention (1) -Holman Carried Urban Renewal Closeout By Alderman Dennis: ·seconded by Alderman Boothroyd WHEREAS the Ithaca Urban Renewal Agency entered into a Loan and Grant Contract No. NYR-112 (LG) with the United States Department of Housing and Urban Development and a cooperation agreement with the City of Ith~ca New York for the UPdertaking of an urban renewal project identified as Pr~ject No. NYR-112 pursuant to Title I of the Housing Act of 1949, as amended; and WHEREAS the Ithaca Urban Renewal Agency and the City of Ithaca desire . rr' _ r-.! ______ .!_, __ .._.,, ____ ,.. -..C -4.'L-n--.:..-..-+ .,.,..;+,1,.. +1..." Jfy,...;+,~,1 ~+rt~O~ - L LO LO 0 <t <t <t ' -3- Desionation of Attorne for Ithaca Urban Renewal A enc By Al crman Dennis: Secon e y 1 erman Bor on1 July 13, 1977351 RESOLVED, That Martin A. Shapiro be designated attorney to represent the Ithaca Urban Renewal Agency and that this designation and discussion of compensation be referred to the Budget & Administration Committee, Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:18 p,m, l..., -.\lfn~r:-;_~*~~~,----.,--...- Ln Ln 0 <( <( <( ! j COMMON COUNCIL PROCEEDINGS City of lthaca, New York 353 Regular Meeting 7:30 P.M. August 3, 1977 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: Controller -Daley Deputy Building Commissioner Jones Building Commissioner -Hoard Asst. Fire Chief ~· Reeves City Attorney -Shapiro Director, Planning & Development -Van Cort Supt. of Public Works -Dingman Consultant -MacDougall City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderman Boothroyd: Seconded by Alderman Nichols RESOLVED, That the Minutes of the July 6, 1977 and July 13, 1977 meetings be approved as recorded by the City Clerk. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing -Environmental Quality Review Act v Resolution to Open Public Hearing By Alderman Nichols: Seconded by Alderman Bordoni RESOLVED, That the public hearing on the Environmental Quality Review Act be opened. Carried Unanimously City Clerk Rundle read a letter addressed to the Members of the Common Council from the Community Development Director of the Tompkins County Chamber of Commerce: "August 3, 1977 To Members of the Common Council: As Community Development Director of the Tompkins County Chamber of Commerce it has been brought to my attention that you propose to take action today, August 3, to implement the provisions of the New York State Environmental Quality Review Act. It is the Chamber's understanding that the State of New York has delayed action on this plan for a t least a year. We at the Chamber are iequesting that you, the Common Co lin cil, also delay action for that period of time so that the City Planni Department may continue to review the nros and cons of the proposed O J 1nce, and to allow industry and other businesses, as well as the Chamber, ,equate time to fully analyze the impact of this ordinance. August 3, 1977 354 Mayor Conley explained that Mr. LeBoeuf is confused on the issue. The situation is that there has been a delay of one year for the private sector, but the public sector is to be implemented on or about September 1, 1977. The information has been relayed, and the Chamber of Commerce did have a chance to respond. Mayor Conley said a letter of explanation will be sent to Mr. Leboeuf as a result of tonight's action. No one appeared to speak to the hearing. Resolution to Close Public Hearing By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That the public hearing on the Environmental Quality Review I , Act be closed. Carried Unanimously ........ vResolution--Ordinance No. 77-7 By Alderman Nichols: Seconded by Alderman Boothroyd RESOLVED, That an Ordinance of the City of Ithaca pursuant to Article 8 of the New York Environmental Conservation Law providing for environmental quality review of actions which may have a significant effect on the en- vironment, as introduced in written form, with the addition of one defini- tion (Industrial Facility), be adopted. (Copy of Ordinance attached to Official Minute Book) Carried Unanimously v/Public Hearing -Proposed Sign Ordinance Revisions for B-5 Districts Resolution to Open Public Hearing By Alderman Boronkay: Seconded by Alderman Nichols RESOLVED, That the public hearing on the proposed Sign Ordinance Revisions for B-5 Districts be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution to Close Public Hearing I By Alderman Saccucci: Seconded by Alderman Slattery RESOLVED, That the public hearing on the proposed Sign for B-5 Districts be closed. Ordinance Revisio1 Carried Unanimously Resolution -Ordinance No. 77-8 ~ By Alderman Nichols: Seconded by Alderman Bordoni RESOLVED, That an Ordinance amending Chapter 34 Entitled "Signs" of the City of Ithaca Municipal Code be adopted as presented in written form (copy of ordinance attached to Official Minute Book). Carried Unanimously ✓ Public Hearing -Proposed Zoning Nap Change on East Buffalo Street Resolution to Open Public Hearing By Alderman Slattery: Seconded by Alderman Boronkay RESOLVED, That the public hearing on the proposed Zoning Map Change on East Buffalo Street be opened. Carried Unanimously No on~ appeared to speak to the hearing. Resolution to Close Public Hearing By Alderman Bordoni: Seconded by Alderman Slattery . RESOLVED, That the public hearing on the proposed Zoning Map Change on East Buffalo Street be closed. ...-, ___ .! __ 1 TT-...... -,:....,_, LO LO 0 <( <( <( -3-August 3, 19'35S REAS, the property owner could develop the rear portion of his property obtaining a variance from the Board of Zoning Appeals, the usual and gal procedure in matters of this type, •W, THEREFORE, BE IT RESOLVED, That the alteration of the zoning map is ot necessary or desirable. Discussion followed on the floor. Alderman Meyer objected to the resolution because she did not think the property owner affected had been given fair consideration. Alderman Nichols commented that the Planning & Development Board had acted tin the matter the previous Tuesday evening and had unanimously turned it down. Alderman Boothroyd said he feels it is a hardship on the property owner, A vote on the resolution resulted as follows: Ayes (7) -Bordoni, Nichols, Dennis, Holman, Boronkay, Slattery, Saccucci Nays (2) -Meyer, Gutenberger Abstention (1) -Boothroyd (abstained due to conflict of interest) Carried O'Brien, Taube & Gardner Mr. Davi Taube reviewe the propose plan for the Center Ithaca Project. He explained that housing seems to be out of the question financially, and due to lack of parking. As proposed the plan would consist of two stories, covering 81,000 sq. ft. of retail and office space. It is hoped that construction would begin by June 1, 1978. Discussion followed on the floor. Mayor Conley announced that the Urban Renewal Agency would meet the following day at 4:00 p.m. and the Council were invited. Copies of the proposed plan will be made available. ADDITIONS OR DELETIONS TO THE AGENDA: Budget & Administration Committee Alderman Gutenberger requested that Item F of the Budget & Administration Committee be removed from the agenda. No Council member objected. Planning & Development Committee Ald~rman Meyer requested that one item be added to the Planning & Develop- ment Committee agenda--Resolution of Intent regarding S. Hill. No Council member objected. Human Services Committee Alderman Boothroyd requested that one item concerning a procedural matter be added to the Human Services Committee agenda. No Council member objected. r·1-v A f-n nPv 356 -4-August 3, 1977 COMMUNICATIONS: City Clerk Rundle read the following communication: "We of the Evening Staff -G.I.A.C. would like you to: Please come and see -"A Place to Be Me" A Festival of Music -G.I.A.C. A gala occasion -that is sure to delight With a disco and munchies -and it's all Sunday Nite, August the 7th -we'll begin the show at 5 To show the Community that GIAC is alive. So please come and join us -with invitation it's free The place it all ha~pens -G.I.A.C. Hope to see you all there. G.I.A.C. 318 N. Albany Street Ithaca, New York 14850 Phone: 272-3622." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Route 96 Alternatives Mr. Andrew Yale, 211 Fallview Terrace, on behalf of Ecology Action, addressed the Council as follows: - "On July 6, Common Council passed a resolution saying that the City would work with the New York State Department of Transportation to explore alternatives to Route 96. On July 13, the Mayor and Planning and Develop- ment staff agreed to make preliminary contact with railroad officials • concerning means of lessening railroad obstruction; to consult with Dr. Meyburg; and to further investigate the relationship between traffic count standards and federal and state funding. Although the state has not yet responded to the Council resolution, the Ecology Action feels there are many steps the city can take to explore alternatives without state involvement. As an outgrowth of the July 13 meeting, the Ecology, Action, who he is speaking on behalf of, presented a prepared preliminar list of areas which could be investigated by the city. Council members' have received copies of the list. Ecology Action is hopeful and expectaiit' that the timetable for implementing these investigations will be worked •• out within the next week. They assume the public will be kept informed as progress is made and trust the Common Council members will take an active interest in the.progress of the investigations:' Cayuga Chamber Orchestra, Inc. Mr. Charles F. McClary, Chairman of the Cayuga Chamber Orchestra, Inc. addressed the Council as follows: "I think you are aware of what an important civic asset the existence of a symphony orchestra is to a community and I would like to answer in the affirmative the question, "does Ithaca have a symphony orchestra?" Throughout the country orchestras, both large and small, are a flourishing business. The St. Paul, Minnesota Chamber Orchestra which was organized about three or four years ago now has a budget of 1.5 million dollars per year and while we are not quite yet in this category, we have organized last year. We have a musician of international reknown, Mr. Karel Husa, who is our conductor. We will be giving a concert this coming Friday in Barnes Hall at Cornell University and you are all cordially invited to a reception in the Andrew Dixon White House on Cornell campus following this. We would like as many City of Ithaca and people from City Hall to be present as possible. We have recently opened administrative offices in the Strand Theater building an ___ .,,, __ ,_, _.__ ---. , ., ·-5-August 3, 1977 Mayor Conley introduced Daniel Rhoads, 620 N. Tioga Street, a candidate in the Fifth Ward for alderman in the fall election. Mr. Rhoads spoke in support of Mr. Grosser, and suggested that the permits be applied for as quickly as possible in order to complete the creek cleanout. Collegetown Project Mr. Terry Hoover, Chairman of the Collegetown Beautification Committee and Vice President of the Collegetown Merchants Association, spoke to the question of hiring an architect in order to further develop the Collegetown area, or get the project further developed. He said his ~ammittee unanimously supports this measure as do the majority of the 'erchants and the residents of the Collegetown area. He feels some sort f definite, concrete project design should be brought before the commit- ..,_,,ee, along with staged development so that some decision could be made as to whether a Collegetown Improvement project is feasible or how much can be done. He urged the Council to appropriate money for this item. Mayor Conley introduced V. Giordano who is a candidate this year in the fall election for position of Mayor of the City. 1 ,C,OMMUNICATIONS FROM THE MAYOR: UPresentation of Alderman Bade 0 ayor Conley presente an Alderman badge to Alderman Bordoni. ommons Rules L/ ayor Conley presented a memo addressed to Chief of Police James Herson ram himself, dated August 3, 1977, in regard to enforcement of City rdinances on the Commons: "As you are aware, there have been recent complaints from merchants and others with regard to the enforcement of the City's ordinances on the Commons. The entire question was recently reviewed by the Commons Advisory Board which recommended that a new ordinance be passed to prohibit certain acts on the Commons. Review of the current Municipal Code, however, indicates that virtually all of these acts which are sought to be prohibited 1re already sufficiently provided for in the existing code. Of particular oncern are the following acts on the Commons. I have set forth opposite 1o.,,,.,,ach act the Code references which set forth the entire language of the applicable ordinances. 1. No bicycle riding -§65.11 2. No animals ~ §54.9 3. No littering -§272.3-272.5 4. No soliciting or vending -Chap. 17 5, No advertising flyers posted -§65.22 6. No alcoholic beverages consumption -§65.33 7. No loitering -§65.28 8. No horseplay, rowdiness, ballplaying, abusive languate, excessive noise or amplified sound -§65.32 9, No climbing or wading in fountain This list is by no means exhaustive, but it does include many actions which have been particularly annoying. As Mayor of the City of Ithaca and head of the Police Department I hereby direct you to fully advise the officers of the IPD as to full provisions of the above referenced sections and to further direct and assure the fullest enforcement of said ordinances, especially in the '"'ommons area. 358 -6-August 3, 1977 City Attorney Shapiro suggested that an ordinance be prepared concerning item 9 -no climbing or wading in fountain. MAYOR'S APPOINTMENTS: Environmental Commission Mayor Conley announced the appointment of Mr. John Capowski, 708 Stewart Avenue, to the Environmental Commission, replacing Ms. Gayle German who is unable to serve on the Commission, for a term expiring 12/31/80. Resolution By Alderman Boronkay: Seconded by Alderman Nichols RESOLVED, That this Common Council hereby approves the appointment by Mayor Conley of Mr. John Capowski to the Environmental Commission for a term to expire 12/31/80. Carried Unanimously CITY ATTORNEY'S REPORT: Letter from PASNY City Attorney Shapiro distributed copies of a reply received by him from PASNY in regard to power availability, and reviewed the letter with the Council. He said he will keep the Council informed as he receives more information on the subject. Agreement -Playground Equipment City Attorney Shapiro reviewed an Agreement between the City of Ithaca, the Community Development Commission and Robert S. Leathers regarding design and construction of certain playground equipment and/or environ- mental structures in conjunction with the Celebrations-Ithaca Activities. Resolution By Alderman Boothroyd: Seconded by Alderman Nichols RESOLVED, The Council direct Mayor Conley to execute the Agreement for the City with the Community Development Commission and Robert S. Leathers regarding the design and construction of playground equipment and/or environmental structures in conjunction with the Celebrations-Ithaca Actiyi~ ties. Carried Unanimously The Council recessed at 9:30 p.m. The Council reconvened in regular session at 9:40 p.m. CHARTER AND ORDINANCE COMMITTEE: ~/Local Law No. 3, 1977--A Local Law Amending the Cable Television Franchise To American Television and Communications Cor oration By Al erman Nichols: Secon e by Alderman Bor oni RESOLVED, The American Television and Communications Corporation is hereby granted an amendment to its Cable Television Franchise in accordance with the terms and conditions as contained in the Agreement, and the Mayor of the City of Ithaca is hereby authorized to execute the Television Cable Franchise Aareement on behalf of the City of Ithaca, and American Television and Communi~ations Corporation is hereby required to execute said Television Franchise Agreement or this Franchise shall be null and void. Carried Unanimously Reauest from Ithaca Landmarks Preservation Commission for desi nation of former Ithaca Calen ar Cloe. Factory buil in as a Cit Lan mar Al erman Nie ols in orme the Council that t1e Committee as received a . letter from the Ithaca Landmarks Preservation Commission asking that Council desiunate the former Ithaca Calendar Clock Building as a City Landmark. Th~ Council will'make the designation after requesting ruling from the • ,..,, ---..L.. --C! LO LO 0 c:x: c:x: c:x: -7-August 3, 19-;3;59 recommendation at the August 17 Council meeting and if they can get a ruling from the Planning and Develop~ent Board, they will act on the request at the September Council meeting. Enforcement of Commons Rules Alderman Nichols reported tfiat the Committee has done some work on this item in response to a letter which was publicized in the press which only arrived a day or so ago from the City Prosecutor with regard to the riding of bicycles on the Commons. The Committee expects there will be considerable improvement after the Mayor's ruling is issued, and they will continue working on the problem. Establishment of metered zone on Universit Avenue Al erman Nie ols reporte that a ter 1ts last meeting the Committee re- ceived a request from the Board of Public Works for establishment of a metered zone in the 700 block of University Avenue, above Stewart A~enue and inside the Cornell University campus. The committee will study the request for a change in the ordinance and make recommendation at the next Council meeting. BUDGET AND ADMINISTRATION COMMITTEE: Personnel--Building Department By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, Barbara Ruane has successfully taken the test for administrative secretary and is in the top three on the eligibility list, and WHEREAS, Barbara Ruane has been working as a Senior Stenographer for the Building Department for the past seven (7) months and is now at Step 6, and has been doing an outstanding job, and WHEREAS, the Common Council created the position of Administrative Secretary in the Building Department at its July 6, 1977 meeting, and WHEREAS, the Building Commissioner wishes to appoint Barbara Ruane to a permanent appointment, subject to probation, as Administrative Secretary ',.._ in the Building Department; BE IT RESOLVED, That Barbara Ruane be appointed to the position of Admini- strative Secretary in the Building Department at an annual salary of $9,757 for a probationary period as provided by Civil Service regulations. Carried Unanimously Personnel--Youth Bureau By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the 1977 Personnel Roster for the Youth Bureau be amended to eliminate the position of Senior Account Clerk and create a Principal Account Clerk position, and BE IT FURTHgR RESOLVED, That Carol Wilson be appointed a provisional Principal Ac~ount Clerk in the Youth Bureau at a salary of $7,983 per annum effective August 8, 1977 and that the Civil Service Commission be requested to hold a promotional exam for said position. Carried Unanimously Personnel--Com ensation Plan Amendment By Al erman Gutenberger: Secon e by Alderman Dennis RESOLVED, That the 1977 Compensation Plan be amended to change the salary of the Civil Service Secretary from $5,017 to $7,428 for a 25 hour work 1,Tic>Pk' f-A <!:Q ;1_ 7;7 f-r, <!:1 7; 07n -f=n-r <> 7;C: hn11..-..,,._-,.1,-,.,onlr -8-August 3, 1977 360 City Clerk, effective August 3, 1977, in order to accept a newly created full-time position of Civil Service Secretary of the Civil Service Commission." Mayor Conley informed the Council he has accepted the resignation. Amendment to City Attorney's Contract By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That the contract between the City of Ithaca and Martin A. Shapiro, Esquire be amended to provide additional compensation for all Urban Renewal legal activities; said compensation not to exceed $25.00 per hour plus necessary expenses. Carried Unanimously Transfer of Funds--Cliff Street Sewer - RESOLVED, That $7,000 be transferred from Gl990 Contingency Account to Capital Account 92 Cliff Street Sewer Replacement. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Junior Olympics Appalachian Regional Commission Grant By Alderman Meyer: Seconded by Alderman Boothroyd WHEREAS, the City of Ithaca has applied to the Appalachian Regional Commission for a grant to study the effects of the 1975 Junior Olympics on the economy of the Ithaca area, and WHEREAS, the Appalachian Regional Commission has approved this grant application, and WHEREAS, it would benefit' the City to have a better understanding of the effects of such a major event as the Junior Olympics on the local economy; NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby authorize and direct the Mayor to execute the contract between the City of Ithaca and the Appalachian Regional Commission for a study of the Junior Olympics and it hereby ratifies his signature of such contract. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) -Bordoni, Boothroyd, Gutenberger, Dennis, Nichols, Meyer, Saccucci, Slattery Nays (_2) -Boronkay, Holman Carried BUDGET AND ADMINISTRATION COMMITTEE: Transfer of Funds--1975 Junior Olym ics Stud By Al erman Gutenberger: Seconde by Alderman Dennis WHEREAS, the Appalachian Regional Commission has approved the Citv's application for a grant to study the effects on the local economy· of the 1975 Junior Olympics, and WHEREAS the Common Council has passed a resolution directing the Mayor to exec~te such a contract, and has passed a resolution ratifying the authorization of such monies, and - WHEREAS the contract sets aside $10,000 in Appalachian Regional Commission funds t~ be matched with $3,400 local contribution, of which at least ..,...., Af'\f\ --.!"1 1-..... ..:-lr~....-......1 ---+~-i'h.11+.;nnc-• -9- V Expun~ement of City Taxes By Al erman Gutenberger: Seconded by Alderman WHEREAS, the Urban Renewal Agency acquired the numbered as 116-130 East Green Street, and August 3, 197'961 Boothroyd property known and WHEREAS, said acquisition of property included a credit to the Agency for unpaid taxes, assessments and penalties, and WIIEREAS, it is necessary to clear the City Tax Roll of said Taxes, assessments and penalties; NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby expunges 1,,.-all City of Ithaca taxes, assessments and penalties on-the property at 116-130 East Green Street through 1977. Ln Ln 0 <( <( <( Carried Unanimously Agreements with Tompkins County Hospital By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS, this Common Council has authorized the Board of Public Works to proceed with development of the Family Medicine Center on State Street; THEREFORE, BE IT RESOLVED, That the Mayor and City Attorney, or their designees, he authorized to negotiate such agreements with Tompkins County Hospital as may be necessary for the funding, construction and operation of the Family Medicine Center, and FURTHERMORE, BE IT RESOLVED, That any agreements be subsequently presented to Common Council for approval. Carried Unanimously Civil Service Services for the Ithaca Housing Authority By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the Mayor and City Controller are hereby authorized and directed to negotiate with the Ithaca Housing Authority for reimburse- : ment of costs of services provided by the City of Ithaca Civil S~rvice Commission. Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $59,103.05 as listed on Audit Abstract #7/1977 be approved for payment. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: v College town Improvement Pro·j ect--Hi ring Architect By Alderman Meyer: Secondea by Alderman Gutenberger WHEREAS, Common Council has previously allocated $20,000 for Phase I of the Collegetown Improvement Project, much of which has been implemented, and WHEREAS, Councfl has ma1e add!tional funds available in the 1977 Capital Budget for design of this pro1ect and WHEREAS? numerous meetings have b~en held with merchants and property owners in Collegetown and representatives of Common Council and various City Departments, and WHEREAS, it is the wish of Common Council that progress continue to be made on this Project, involving all appropriate parties; ,__ -...... .L_ ,_ -T"\. - -10-August 3, 1977 362 ✓ South Hill Park By Alderman Meyer: Seconded by Alderman Holman BE IT RESOLVED, That the City of Ithaca lease the South Hill land ex~ tending from Hillview Place through to Columbia Street that is owned by James E. Gardner, Jr._ for a period of nine months, and . BE IT FURTHER RESOLVED, That the Mayor be and is hereby authorized to execute a lease agreement between the City and the owner for $1 to be approved by the City Attorney, and BE IT FURTHER RESOLVED, That the City of Ithaca will make every reasonabla effort to work toward purchase at fair market value of the land described in the Lease Agreement between James E. Gardner, Jr. and the City of Ithaca, extending from Hillview Place through to Columbia Street in the City of Ithaca, and BE IT FURTHER RESOLVED, That Council hereby expresses its intent to execute such purchase within nine months contingent upon 1. agreement between the buyer and seller regarding fair market value based on the appraisals made of the land, and 2. the timely securing of State subsidy for purchase of the land. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES COMMITTEE:· Hold Harmless Agreement -Campfire Girls By Alderman Boothroyd: Seconded by Alderman Boronkay RESOLVED, That the City of Ithaca sign a Hold Harmless Agreement as a protection to the Campfire Girls, whose property the Youth Bureau of the City have an agreement to use. Carried Unanimously ENVIRONMENTAL COMMISSION: v']nvi ronmental Quality Review Ordinance Alderman Holman called attention to a resolution adopted at a Special meeting of the Environmental Commission of Ithaca on July 25, 1977, urging the Common Council to adopt the Environmental Quality Review Ordinance. "RESOLVED, - We urge Common Council to adopt the Environmental Quality Review Ordinance. The Environmental Commission proposes to study projects carried out in the city this coming year, and the extent to which the threshhold levels now set by the ordinance would require Environmental Impact Statements. The Commission will report its findings, conclusions, and recommenda- tions to Common Council in time for consideration by Council before the local threshhold levels go into effect September 1, 1978. We further urge the following modifications: 1. In Section 36.4 C, 1 (iv), change to read: Unique Natural Area as defined by the City of Ithaca Environmental Commission and/or the Tompkins County Environmental Management Council and adopted as. such by the Common Council. l LD LD 0 <( <( <( -11-August 3, 1977 Ordinance Commission in August and be available to the new residents in the City. The Bicentennial Commission is funding the brochure. UNFINI SJIED AND J1-H SCELLANEOUS BUS I NESS: Route 96 As a result of a meeting of Ecology Action, the Alternative Highway 363 Group and Mayor Conley, it was decided the local groups and staff should get as much information as possible about the railroad, Barge Canal, and DoT statements and keep the public informed. Mayor Conley felt that if the citizens were better informed they would better understand the Department of Transportation as there appeared to be considerable distrust of the DoT. NEW BUSINESS: Alderman Nichols suggested consideration be given to the senior members of city staff and the Council being furnished calling cards containing the city seal for use at meetings and wher on business for the city. She feels the badges have little value. ADJOURNHENT: On a motion the meeting adjourned at 10:40 p.m. COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 365 Special Meeting 7:30 P.M. August 17, 1977 PRESENT: Mayor -Conley Aldermen (9) -Boothroyd, Bordoni, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery ABSENT: Alderman (1) -Boronkay I !OTHERS PRESENT: I ;City Controller -Daley 1Building Commissioner -Hoard -....-Director, Planning & Development -Vari Cort City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. lDMINUTES: LnBy Alderman Slattery: Seconded by Alderman Boothroyd QRESOLVED, That the Minutes of the August 3, 1977 meeting be approved <(as recorded by the City Clerk. Carried Unanimously <C <(ADDITIONS TO THE AGENDA: Mayor Conley -Appointment Mayor Conley announced that Mr. Paul Mackesey, Board of Appeals on Building Code, has moved from the City; therefore a replacement, living inside the City, will need to be appointed. No Council member objected. iB~dget & Administration In regard to the bollards on the Commons, the Planning staff were asked L..,to find a solution to the problem of the tops of the bollards at either end of the Commons. A presentation will be made tonight for the considera- tion of the Council. An appropriation of funds will be asked for so that, with the approval of the appropriate committee (Commons Advisory Board) and anyone else who wishes to look at it, a recommendation can be made before the next meeting of the Board of Public Works so that the City can 6nter into a contract. No Council member objected. SPECIAL ORDER OF BUSINESS: / Public Hearing -Proaosal To Develop a Center Ithaca Project (Commons) Alderman Bordoni rea the resolution to be presented to the Council. Resolution to Oaen Public Hearing By Alderman Bor oni: Seconded by Alderman Saccucci RESOLVED, That the public hearing on the proposal to develop a Center Ithaca Project be opened. Carried Unanimously Mr. Stuart Lewis, 120 E. State Street, a downtown retailer and property owner, representing the Downtown Ithaca Businessmen's Association, • addressed the Council in favor of the proposed project and urged their n,-n,r<>1 + "' mo • 366 -2-August 17, 1977 commercial complex in the Center Ithaca Project, and WHEREAS, the Ithaca Urban Renewal Agency, its staff, and the New York State Urban Development Corporation have thoroughly reviewed the proposal form design, financial, marketability, operational, and other aspects, and WHEREAS, the Agency has determined that this proposal is attractive, workable, and timely, and WHEREAS, the Agency has resolved by a 3 to 1 vote (a) to request that the New York State Urban Development Corporation grant redeveloper status to the firm of O'Brien, Taube, Gardner and Abbott for redevelopment of the remaining land owned by the Ithaca Urban Renewal Agency located in the __ 1 Center Ithaca Project, (b) to direct the redeveloper to report to the Agenc._, on or about November 15, 1977 on leasing progress, (c) to direct the New York State Urban Development Corporation to terminate their redeveloper status on March 1, 1978 if the redeveloper has not received a commitment for permanent financing acceptable to the Ithaca Urban Renewal Agency, (d) to authorize the Mayor as Chairman of the Ithaca Urban Renewal Agency to enter into any and all agreements, upon approval by the Agency's attorney, necessary for completion of this project; NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca does hereby confirm the above mentioned resolution of the Ithaca Urban Renewal Agency, and BE IT FURTHER RESOLVED, That the Common Council hereby request that the New York State Urban Development Corporation grant redeveloper status to the firm of O'Brien, Taube, Gardner and Abbott for redevelopment of the remaining land owned by the Ithaca Urban Renewal Agency located in the Center Ithaca Project, and BE IT FURTHER RESOLVED, That the redeveloper report to the Ithaca Urban Renewal Agency on or about November 15, 1977 on leasing progress, and BE IT FURTHER RESOLVED, That the .Common Council direct the New York State i Urban Development Corporation that this granting of redeveloper status terminate on March 1, 1978 if the redeveloper has not received a commitmen-......- for permanent financing acceptable to the Ithaca Urban Renewal Agency, and BE IT FURTHER RESOLVED, That the Mayor hereby is authorized to enter into any and all agreements, upon approval by the City Attorney, necessary for completion of this project. Discussion followed on the floor. Alderman Saccucci commented that it was his understanding that the Urban Renewal Agency was not unanimous and asked if a Minority report is available; or minutes of the meeting; he felt the Council should know the reason(s) for the opposition. Director Van Cort said the minutes are not ready. Mayor Conley said there is no Minority report, but he gave the reasons for the member not supporting the resolution: the fact that there was lack of sufficient information concerning the financing, it was felt there should be a better handle on securing Industrial Development Financing; dis~ppointment in the method of the process getting to this point without advertising and getting more developers in tc., submit pr<;>posals; dis~ppointment that the . particular project did not include housing on the site; the reason for purchase of the property by the City--to give the City control of it. . . • AldPrm~~ Saccucci commented that he feels the developer should make a -3-August 17, 197367 What the City is presently doing is setting up a situation to see if the developer can put together a package, get the financing and put the project together. Alderman Holman asked for clarification of the November 15, 1977 date and asked, if the developer did not have the project together by then, if the Agency would be free to look for developers again, or if it would have to wait until March 1, 1978. Planning and Development Director Van Cort explained that November 15, 1977 ( •1 an .informational date; March 1, 1978 a 'yes' or 'no' date. . I I perman Meyer asked for clarification of the relationship of Common·~ouncil ~d the Urban Renewal Agency, and if the-Council's vote on the proposal would shift responsibility of the Agency to the Council. . Mayor Conley explained that the Urban Renewal Agency is required by the State, put the Common Council must ratify the Agency's action. Controller Daley commented that the New York State Urban Development Corporation's requirements are not as stringent as they are with private entrepreneurs . .lOiermen Boothroyd, Dennis and Meyer spoke in favor of the proposal, but ill.erman Meyer felt that the issue regarding housing is concerned with (IDinging life styles--there is a need to create an urban housing system ~und the Center Ithaca development, especially in view of the changing ~rgy pattern. ~or Conley commented that it would be appropriate for the Common Council and the City to undertake studies that would give a chance to look at increasing the stock in the community of middle class housing. There are opportunities on and adjacent to the Commons and he feels studies should be made to see if developers could be attracted to come in to put housing there--projects designed for housing which would suit the needs of housing. There are Community Development funds for this type of study. He said, however, he doesn't know if this particular project has to do all-those t 1ngs. ~erman Saccucci asked Mr. David Abbott to comment on the project as a whole. Mr. Abbott spoke on the history of Urban Renewal in Ithaca, his part in it and previous experience in development of local sites, and his personal interest in the City. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderman Meyer Aye Alderman Saccucci Aye Alderman Gutenberger Aye Alderman Bordoni Aye Alderman Slattery Aye Alderman Holman Nay Alderman Boothroyd Aye Alderman Dennis Aye Alderman Nichols Aye (8) Ayes (1) Nay -Alderman Holman (J) Absent -Alderman Boronkay Carried 368 August 17, 1977 Resolution By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That, depending on approval of the Commons Advisory Board and Commons Design Advisory Team, the matter be referred to the Budget and Administration Committee with power to act on behalf of the Common Council, with price recommendations. Amending Motion By Alderman Holman: Seconded by Alderman Gutenberger RESOLVED, That, depending on approval of the Commons Advisory Board and Commons Design Advisory Team, the matter be referred to the Budget and Administration Committee with a price tag, for recommendation back to the Council at its.regular Septembe~ 7 meeting for action. A vote on the amending motion resulted as follows: Ayes (6) -Bordoni, Gutenberger, Holman, Meyer, Nichols, Saccucci Nays (3) -Boothroyd, Dennis, Slattery Carried A vote on the main motion as amended resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: vOrdinance drafted by City Attorney to insert prohibition of climbing and wading in Commons fountain in Code of Ordinances By Alderman Nichols: Seconded by Alderman Holman ORDINANCE NO. 77-9 -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, New York, 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 subdivision to be known and designated as Subdivision "C" of Section 65.21 entitled "Prohibited activities in streets and parks" to follow Subdivision "B" is hereby added to said Chapter to read as follows: "C. Ithaca Commons Fountain 1. No person shall climb upon, walk across, sit upon, nor wade or swim in the Ithaca Commons Fountain located in the 100 block of East State Street. 2. The parent or guardian of any minor who knowingly permits said minor to perform an act specified in this subdivision shall also be held to have violated this subdivision." ......., SECTION 2. This ordinance shall take effect immediately and in accordance with the law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried Unanimously Designation of former S~uth ~ill School (Columbia Street Annex), 110 Co1umbia Street, as a h1stor1c landmark By Alderman Nichols: Seconded by Alderman Bordoni WHEREAS, the City of Ithaca Landmarks Pre~e~vation Commission, in accordance with ~hapter 32 of the City of Ithaca Mun1~1p~l Code, on July !l, 1977, designated the former South Hill School bu1ld1ng at 110 Columbia Street as a historic landmark, and WHEREAS,. the secretart_?f_t~e City of Ithaca ~~~~~~~ks ~~~~~~~a~~~~""~+~ -5-August 17, 19 ~169 Resolution To Table By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, the question of designation of the South Hill School building be tabled until the September meeting of the Council. Carried Unanimously Designation of former Ithaca Calendar Clock Factory Building, 102 Adams Street, as a historic landmark By Alderman Nichols: Seconded by Alderman Dennis WHEREAS, the City of Ithaca Landmarks Preservation Commission, in -:cordance with Chapter 32 of the City of Ithaca Municipal Code, on 1 \ ~-ly 11_, 1977, designated the former Ithaca Calendar Clock Factory, 12 Adams Street as a historic landmark, and ~EREAS, the secretary of the City of Ithaca Landmarks Preservation. Commission has sent official notice of the historical landmark designa- tion of the former Ithaca Calendar Clock Facto~y at 102 Adams Street to the Common Council and the City of Ithaca Board of Planning and Development with a request that this designation be ratified and implemented, hfaw, THEREFORE, BE IT RESOLVED, That the former Ithaca Calendar Clock tActory at 102 Adams Street is hereby designated a historic landmark (§} action of the Common Council. ~l ·_ m 'f bl so ution lo a e Alderman Nichols: Seconded by Alderman Dennis ~SOLVED, the question of designation of the former Ithaca Calendar Clock Factory at 102 Adams Street be tabled until the September meeting of the Council. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Appeals on Building Code ,r-l.a.yor Conley announced the appointment of Mr. Jonathan M. Cottrell, 10 North Titus Avenue, to the Board of Appeals on Building Code, for a ; ,rm expiring December 31, 1977. '-"' Resolution By'Alderman Holman: RESOLVED, That this Mayor Conley of Mr. .Board of Appeals on Seconded by Alderman Nichols Common Council hereby approves the appointment by Jonathan M. Cottrell, 430 N. Titus Avenue, to the Building Code, for a term expiring December 31, 1977. Carried Unanimously Housing Re-inspection Program Alderman Boothroyd requested the Mayor to ask the Building Department if they would periodically bring the Council up-to-date on the progress of the reinspection of the housing stock in the City of Ithaca--how it is going, etc. Mayor Conley asked Building Commissioner Hoard to prepare a presentation to the Council at the September 7 meeting of the activities in the Building ~ Department. Contract -Medical Facility Alderman Bordoni called attention to the Board of Public Work's concern about the City letting the contract for the medical facility out-to-bid r-fore a contract was signed with the county. -J 370 August 17, 1977 ADJOURNMENT: On a motion the meeting adjourned at 9:43 p.m. J Rundle, City Clerk - - Lf) Lf) 0 <X <X <X u COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 371 Regular Meeting 7:30 P.M. September 7, 1977 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro Asst. Fire Chief -Sharp Consultant -MacDougall Youth Bureau Dir. -Cutia City Engineer -Cox PLEDGE OF ALLEGIANCE: Building Commissioner -Hoard Planning & Development Dir. ~ Van Cort Supt. of Public Works -Dingman 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 Slattery: Seconded by Alderman Saccucci RESOLVED, That the Minutes of the August 17, 1977 meeting recorded by the City Clerk. be approved as Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: ets Miss Nell Mondy, 130 College Avenue, appeared before the Council in regard to the number of dogs running loose in the community, and the cost of providing food for pets. Miss Mondy presented the following which was written for the Ithaca Journal a few years ago: PETS -CAN WE AFFORD THEM? "In recent weeks we have been hearing a lot about the "ENERGY CRISIS." Many years ago we were warned of an energy crisis, but many refused to listen. Instead of reducing consumption we did just the opposite. Now we must face reality. I should like to call attention to another cr1s1s, "A FOOD CRISIS," which we may face in the future if we do not take the appropriate measures now. The following is a quote from the Nov.-Dec., 1973 issue of Petfood Industry: "Over the past five years, the combined dollar sales for dog ?-nd cat foods have enjoyed an average annual increase of 12%, nearly twice that of all grocery sales, Darrel V. Dyer, A. C. Nielsen Co., reported to the 16th annual convention of the Pet Food Institute in Chicago recently. • • "In 1969, sales of pet food accounted for $13.85 out of each $1 000 moving through retail food outlets. For the latest 12 months ~nding ?une 1, 19?3, the contribution stood at $16.85 per $1,000, a ZOt jump ~n tho?e ~1ve years," Dyer said. "In fact, pet foods now rank fourth in sales importance among all packaged grocery product groups." Consumer dollar sales through food stores alone now reach $1.6 billion of ~hich $1.1 billion is represented by dog food and nearly a half ' '-...:,,,: __ 'L --__ ..._ r _ ., •• -2-September 7, 1977 372 appointments in the Graduate School of Nutrition at Cornell University. In this course we tasted wafers made using Chlorella, one of the algae which grows rapidly and is most frequently used in photosynthesis research. We discussed the use of this material to help meet problems of feeding the world_of the future. The wafers were not pleasing in flavor and r hoped that it would not be necessary for me to" consume them in the future. Many ways have been, and are now being, sought to provide the world with adequate food. As one reviews the nutritional status of man versus animals, one observes that animals frequently receive a more nutritious diet than man. Should man take better care of his animals than himself? Man has sought ways to reduce the human population, but what is being done to decrease our rapidly growing animal population? Is it not time that we give some very serious thought to these matters? It is easy to say,· "Let other people do it," but wouldn't it be better if we each agreed· t6 do our part?" __, Miss Mondy said she has received little or no help from the S .. P.C.A. in her area. At times when there were 6-8 dogs running over her property she called and was told that they did not operate on weekends, after 5:00 p.m. or until some later time in the morning. No attempt was made to come soon after the call. Once she was told to hold the dog -an impossibility -she was bitten once. If she received the bite nothing ~ould be done, but if a dog were injured they could come right away. She saic 1t seems that we care more about dogs than mankind -isn't it time that we look at the situation seriously and decide that man rather than dog is master. Civic Associations Mr. David Cornelius, President, Fall Creek Civic Association, spoke to the Council on three items which had been discussed in a meeting the evening before of the Fall Creek and Bryant Park Civic Associations and the representative of Neighborhood Housing: 1) Regarding the Mid-week Observer which is distributed on Wednesday after- noons and is left anywhere--on porches, in bushes, in yards; if there is wind or rain it is blown all over the property; if residents are away! n vacation it is still left, up to three or four weeks, which provides invitation to criminals to break in; and unlike the Ithaca Journal ori_ Post Standard, apparently cannot be stopped. It is a concern which was brought to the civic associations and which Mr. Cornelius passed on to the Council. 2) Regarding inspections being carried on by the Building Department, Mr. Cornelius informed the Council that it had come to his attention that one of the building inspectors has resigned which leaves only one inspector, in addition to Commissioner Hoard, to accomplish all ~n- spections. He pointed out that the Council had passed a res<?lution to place the inspection process on a three-year rather than a five-year basis and if this is to be carried out adequately, Mr. Hoard needs more inspectors as promised. There appears to be some hold-up in getting processed. Meanwhile, since Cornell Uni~ersity and Ithac~ College are again in session, many houses are being overcrowded with_ students. If Mr. Hoard does not have inspectors to check the comJ?laints out there isn't much point in reporting them to him. Mr. Cornelius req~ested the Council to do whatever they ~an to e~pedite_the process of hiring inspectors in order that the zoning and inspect~on rules can be enforced. Otherwise the time and efforts of the Planning Department and citizens could be considered a waste. 3) Mr .. Cornelius reported, i! ha~~~::~ ~:~~g~t~t~~~!s :tten;ion ;~a;r;he -3-September 7, l~'T'S Mayor Conley asked Planning & Development Director Van Cort for informa- tion concerning the zoning maps and Mr. Van Cort said the official zoning map is nearly complete and ready for printing. Mayor Conley asked Mr. Van Cort to check the draft which is being distributed regarding the marking "proposed" and to write to the Realtors Association informing them of what has been happening and request them to notify their group of the correct status of the zoning map. COMMUNICATIONS FROM THE MAYOR: Housing Re-inspection Program 1Bui1aing Commissioner Hoard reported on the re-inspection of the housing stock in the City for the two-month period from July 1, 1977 to the present. ~ Alderman Meyer expressed concern over a bill received by a fraternity for services performed by the City Department of Public Works during the summer (cutting the lawn). Building Commissioner Hoard explained that the fraternity had been contacted verbally and by mail with the instruc- tions that the lawn must be taken care of within a certain length of time, or the Department of Public Works would have the work done and bill the U)fraternity for the service. U)MAYOR'S APPOINTMENTS: Onesign Committee -Rte. 96 <CMayor Conley reported that before appointing a committee to work with <(the consultant hired by the State to design Route 96 and look at the <(alternatives, he wrote to Comm. Hennesey and asked a specific charge for • the committee. Comm. Hennessey responded that the committee would be working with Joe Powers and advised Mayor Conley to contact Joe Powers, which he did. Mr. Powers responded that he is ready to meet with the committee, so without any specific goals, Mayor Conley said he wished to appoint the following to the Design Committee for Route 96: i I I j I Planning & Development Director Van Cort -representing staff .ll.,\ City Engineer Cox -representing staff - J. B. Graves -representing the W£._s\ Jing. businessmen /2/i '1 l, /1 , Andy Yale -representing the 4 d~...:tion enw and Alternatives,_.,,, ro,f I Alderman Slattery -representing the Common Council ' Resolution By Alderman Boothroyd: Seconded by Alderman Nichols RESOLVED, That this Common Council hereby approves the appointment by Mayor Conley of H. M. Van Cort, P. Cox, J. B. Graves, A. Yale and D. Slattery to the Design Committee for Route 96 to work with New York State Consultant Joe Powers. Carried Unanimously Maytir Conley requested that Mr. Van Cort contact Mr. Powers to establish the first meeting of the group. CITY CLERK'S REPORT: Designation of Polling Places for 1977 / City Clerk explained to the Council that he had not received confirmation of two of the designated polling places, but feels confident it will be forthcoming. Resolution By Alderman Boothroyd: Seconded by Alderman Bordoni }ES0LVED, That the following be and are hereby designated as polling places _ e he ec i istric t e itv o I h a. New o k. at ic re~is- ,.,.I -, I -4- 374 September 7, 1977 THIRD WARD 1st District 2nd District 3rd District 309 502 502 College Avenue Mitchell Street Mitchell Street #9 Fire Station Belle Sherman School Belle Sherman School FOURTH WARD 1st District 2nd District 3rd District 402 N. Aurora Street Aurora & Buffalo Streets 309 College Avenue St. Paul's Methodist Ch. First Unitarian Church #9 Fire Station FIFTH WARD 1st District 1012 N. Tioga Street #7 Fire Station 2nd District Cor. King & Aurora Sts. Fall Creek School 3rd District 309 Highland Road First Congregational r.h. Carried Unanimously f CITY ATTORNEY'S REPORT: - Baker Zoning Case City Attorney Shapiro reported that the Baker Zoning case involving property on N. Cayuga Street was resolved; Mr. Baker filed an appeal but nothing has happened as yet; Attorney Shapiro put the Board of Zoning Appeals on notice that· their decision was upheld by the Supreme Court. CITY CONTROLLER'S REPORT: Budget City Controller Daley reported that all department budgets had been re- ceived by his office on September 1st and he, the Mayor and staff would work on them. He said there are two major items which Council must approve to plug into the Budget, the Revenue Sharing distribution and the Capital Projects recommendation, and he hopes to have them ready for Council for their October meeting. BUDGET & ADMINISTRATION COMMITTEE: Treatment of the Bollards on the Ithaca Commons By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS, The Common Council has reviewed the proposed architectural treat- ment of the bollards on the Ithaca Commons, and WHEREAS, it is the consensus of this Common Council that said proposal enhances the design of the total Commons complex; • NOW, THEREFORE, BE IT RESOLVED, - 1. That this Common Council approves the design of the proposed treatment of the bollards on the Commons. 2. That this Common Council approves a cost for construction of said improvements not to exceed $3,200. 3. That $3,200 be transferred from Al990 Contingency to A5410 A-407 Ithaca Commons -Contractual Service. 4. That the Board of Public Works be requested to expedite the con- struction of said improvement. Discussion followed on the floor. Alderman Gutenberger reported that the vote of the Budget & Administra- tion Committee on the resolution was as follows: Ayes -2, Nays -1, Abstention -1. Alderman Meyer reported that the Planning & Development Committee did nd -__ ,.. -,.. ---r--.... +.;_ • 1,.._,_,._,.,.___ +h-,F ------....t-___ ,,_ .... +- L.f) L.f) 0 c:x: c:x: c:x: -5-September 7, ~~,~7 \ Gary Wojcik, local artist and steelworker, was present and answered s_e,veral questions from the Council. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderman Boronkay Alderman Bordoni Alderman Dennis Alderman Saccucci Alderman Meyer Alderman Slattery Alderman Boothroyd Alderman Holman Alderman Nichols Alderman Gutenberger Nay Nay Aye Nay Nay Aye Aye Nay Ayf; Nay (6) Nays (4) Ayes -Boronkay, Bordoni, Saccucci, Meyer, Holman, Gutenberger -Dennis, Slattery, Boothroyd, Nichols Motion Defeated Amendment of the 1977 Equipment List for th~ Youth Bu~eau By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the 1977 Equipment List for the Youth Bureau be amended to include a $6,000 Van, and BE IT FURTHER RESOLVED, That $6,000 be transferred from A1990 Contingency to A7130-200 Youth Program -Equipment. Carried Unanimously Creation of an Administrative Secretary position for the Youth Bureau By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the 1977 personnel roster for the Youth Bureau be amended to eliminate the position of Senior Stenographer a_nd create a position of Administrative Secretary. Carried Unanimously Appointment of an Administrative Secretary for the Youth Bureau By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That Christine Brill be appointed Administrative Secretary in the Youth Bureau at an annual salary of $8,019 per annum, effective September 12, 1977, for a probationary period as provided by Civil Service regulations. Carried Unanimously ' Creation of a Youth Development Program Leader position for the Youth Bureau By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the 1977 personnel roster for the Youth Bureau be amended to create a position known as Youth Development Program Leader, and BE IT FURTHER RESOLVED, That the salary for said position be established at $8,260 to $12,227 per annum on the 1977 Compensation Plan. Carried Unanimously of a Youth Develo Gutenberger: Sec Leader for the Youth Bureau er a Sarr rri -6-September 7, 1977 376 WHEREAS, it is necessary to execute an agreement with the Federal Government for said funds; NOW, THEREFORE, BE IT RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with.the Federal Government for funds for the Youth Challenge Program. Carried Unanimously VAmendment to a previous resolution on City of Ithaca Tax Sale Properties By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the resolution adopted May 9, 1977, to wit: WHEREAS, it has become increasingly apparent that properties in the City of Ithaca are. being sold at Tax Sale which are important to the overall development of the City, and WHEREAS, it is the consensus of the Common Council that better control of these properties is necessary for the orderly development of this community; " NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee whose membership shall include the Superintendent of Public Works, the Building Commissioner, and the Planning Director and City Controller,, which Committee shall review all properties which are to appear on the Tax Sale Notice and shall transmit said list of properties with recom- mendations for the disposition of said properties to the Budget & Administration Committee of Common Council before formal advertisement of said Tax Sale, and BE IT FURTHER RESOLVED, That the Budget & Administration Committee shall recommend to the Common Council purchase of said Tax Sale properties as they deem to be in the best interest of the City for its orderly and economic development. be amended to read: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee_ whose membership shall include the Superintendent of Public Works, the Building Commissioner, and the Planning Director and City Controller, which Committee shall review all properties which are to appear on the Tax Sale Notice and shall transmit said list of properties with recommendations for the disposition of said properties for confirmation to the Budget & Administration Committee of Common Council, and BE IT FURTHER RESOLVED, That the Budget & Administration Committee shall r~commend to the Common Council purchase of said Tax Sale properties as they deem to be in the best interest of the City for its orderly and economic development. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget and Administra- tion Committee in the total amount of $40,398.12 as listed on Audit Abstr~~t #9/1977 be approved for payment. • n, c:lv I I ~ LD LD 0 <( <( <( -7-September 7, ~it1 By Alderman Nichols: Seconded by Alderman Bordoni WHEREAS, the City of Ithaca Landmarks Preservation Commission, in accordance with Chapter 32 of the City of Ithaca Municipal Code, on July 11, 1977, designated the former South Hill School building at 110 Columbia Street as a historic landmark, and WHEREAS, the secretary of the City of Ithaca Landmarks Preservation Commission has sent official notice of the historical Landmark designation of the former South Hill School building at 110 Columbia Street to the Common Council and the City of Ithaca Board of Planning and Development with a request that this designation be ratified and implemented, NOW, THEREFORE, BE IT RESOLVED, That the former South Hill School Building at 110 Columbia Street is hereby designated a historic landmark by action of the Common Council. Carried Unanimously Designation of former Ithaca Calendar Clock Factory Building, 102 Adams v Street, as a historic landmark By Alderman Nichols: Seconded by Alderman Saccucci RESOLVED, That the resolution tabled at the August 17, 1977 meeting be raised from the table. Carried Unanimously By Alderman Nichols: Seconded by Alderman Dennis WHEREAS, the City of Ithaca Landmarks Preservation Commission, in accordance with Chapter 32 of the City of Ithaca Municipal Code, on July 11, 1977, designated the former Ithaca Calendar Clock Factory, 102 Adams Street as a historic landmark, and WHEREAS, the secretary of the City of Ithaca Landmarks Preservation Commission has sent official notice of the historical landmark designa- tion of the former Ithaca Calendar Clock Factory at 102 Adams Street to the Common Council and the City of Ithaca Board of Planning and Development with a request that this designation be ratified and imple- mented, NOW, THEREFORE, BE IT RESOLVED, That the former Ithaca Calendar Clock Factory at 102 Adams Street is hereby designated a historic landmark by action of the Common Council. Carried Unanimously Publication of Leaflet Alderman Nichols reported that the Charter & Ordinance Committee had cooperated with the Ithaca Bicentennial Commission in publishing the leaflet "Ithaca, New York - A Citizen's Handbook" which has been favorably reviewed and is being distributed. Mayor Conley expressed appreciation to Alderman Nichols and the Commission for the time and work they had done in preparing and publishing the leaflet. PLANNING & DEVELOPMENT COMMITTEE: Route 96 Request Alderman Meyer reported that the Committee members officially requested that the N.Y.S.DoT provide us with the information that the Council requested two months ago concerning information they have regarding Route 96. -8-September 7, 1977 378 Special Meeting of Council Mayor Conley announced that there will be a Special Meeting of the Council on September 14, 1977 at 7:30 p.m. in the Chambers to deal wi:th the matter of the Health Facility. The bids are in, the figures ar~ • higher than anticipated, and the staff will analyze, looking at al:terq.a- tives. In a<l<lition, if the bid figures are received on the Stewart Aienue project, that item will also be taken care of at that time. Spencer Street Traffic By Alderman Boronkay: Seconded by Alderman Slattery • ••; ··· RESOLVED, That the Council request the Department of Public Works, .. t·: Planning & Development Department, and any other appropriate body to i become involved in trying to alleviate the traffic problem on Spencer~ Street between Clinton and S. Cayuga Streets. Carried Unanimously ,, ADJOURNMENT: On a motion the meeting adjourned at 9:32 p.m. - - U1 U1 0 <( <( <( COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 379 Special Meeting 7:30 P.M. September 14, 1977 PRESENT: Mayor -Conley Aldermen (10) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery .OTHERS PRESENT: City Controller -Daley Building Commissioner -Hoard Board of Public Works Commissioner -Allan Consultant -McDougall City Clerk -Rundle , Mayor Conley addressed the meeting bri:fly, expl~ining ~he three_i~ems on the agenda to acquaint the persons in the audience w~th them in the event they wished to address the Council on any of the items, or any other item they wished to discuss with the Council. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Family Medicine Center . . . The following persons addressed the Council, speaking in favor of the Family Medicine Center: Arthur Pierce, Ithaca Neighborhood Housing Services, 520 W'. Green St, Frank Muskgrave, 79 Gunderman Road, Secretary to the Hospital Board of Managers and member of the Primary Care Committee Bernice Miller, 117 S. Plain Street . Ruth DeWire, representing Hospital Board of Managers and Primary Care Francis Benedict, 308 Dubois Road, member of the Hospital Board of Managers and Primary Care Committee • Margaret Jones, 509 Cascadilla Street Bonnie Howard, representing Primary Care Mr. Vincent Giordano, Mayoral candidate, addressed the Council, expressing concern over the increased cost reflected by the bids and asking why those costs had tripled. He commented that perhaps the city should get down to reality and possibly redesign the facility. He.asked if thi city will receive rent for use of the facility for the next 10 years. He further comme.1ted that if the city is going to spend the money for the facility, they should also spend money and add an emergency room. In addition, he recommended letting a group of doctors, rather than the city, provide the faci:!.ity. City Controller Daley presented a memo, copies of which had been distributed to the Council, showing the cost of the facility and sources of funds. He also presented a breakdown, showing three possible alternative sources of funds: Capital Projects -the balances of those projects completed or not begun; Revenue Sharing; Urban Renewal funds which will come back to the city as a result of the closing. Mr. David Taube, O'Brien and Taube Architects, addressed the Council e~- plai~ing the reasons for the cost overrun as outlined in a letter fr~m him to Richard McDougall, Consultant, dated 13 September 1977: "13 September 1977 MEMORANDUM To : City of Ithaca 380 -2-Septemter 14, 1977 allowed for a relatively simple "doctor's office" concept. It was later learned, however, that a full submittal would be required and that the facility would have to be in full compliance with all Health Department Codes and Regulations. These requirements and restrictions were the single most important contributor to escalating the cost, almost doublini the mechanical system cost alone. Following a review of the schematic design, the Health Department demanded program changes -addition of employees' lounge, soiled workroom, clean workroom and laboratory. The Hospital Program Committee also required the enlargement of waiting room, business office, treatment room and nurses' - station. Together these changes added 386 square feet of area and $20,0~ 1 in cost to the projeGt. i During the development of the design, it was decided to transfeT 0ver $5,500 of equipment and furniture from the Equipment Budget t~ the Construction Budget. This was done to facilitate ir.stallation of fixed equipment by the construction contractor. Major site work originally contemplated to be performed by city crews, including paving, curbing, and planting, was incorporated into the contract during the construction documents phase, adding another $10,000 to the probable cost. It was felt that a competitive bid for this work would yield a lower cost than could be realized using city crews. During the detailed design process for the mechanical system, the Architects and City Engineer agreed that the long-range benefits of an electric heat pump system warranted its use in lieu of the fuel 01.l hot water system originally contemplated. While this change added nearly $5000 to the cost, it afforded a highly controllable and efficient system wh~ch would be unaffected by future fuel oil shortages. When detailed ·construction documents were being prepared, certain site peculiarities previously unknown, dictated additional sitework and the addition of a ramp and steps. Construction originally anticipated for early spring of 1977 has been delayed until at least September of this year, resulting in an in-- flationary increase of approximately 5%, and the added cost of temporary heat. In conclusion, it must be made clear that the physical facility is a direct interpreta·tion of the program's needs and requi rer;;ents, arid contains no unjustified amenities. It would be detrim .. •• al to t~e. project to delete almost any individual item w~ich woulc ~esult 1n any great consequence economically. Furthermore, 1t must be lully understood that neither the Architect nor the Owner has any control over th~ cost of labor, materials or equipment, over the contractors' methods of .. determining bids, or the competitive bidding an~ current mark~t_ccnd1t1ons. It is our opinion that, considering the complexity of the add1t1on/ alteration its high standards in compliance with the State Health Code, and its total ;cope of site improvements, the prices obtained are good ones and are justified." Architect Taube and a representative of the Primary Care Committee answered qvcstions of the Council. Alderman Boronkay arrived at 8:37 p.m. Alderman Meyer expressed opposition to voting on a resolution not tied i :o h l Ln Ln 0 <[ <[ <[ -3-September 14, 1Sg71 BE IT FURTHER RESOLVED, That funding of the amended authorization be as follows: 1. from the General Fund 2. From the State (ARC) 3. From the Urban Renewal Agency Resolution to Table $140,000 90,132 117,868 $348,000 By Alderman Saccucci: Seconded by Alderman Boronkay RESOLVED, The resolution amending the Health Facility Capital Project authorization be tabled for 1 week. A vote on the tabling resolution resulted as follows: Ayes (4) -Meyer, Holman, Boronkay, Saccucci Nays (6) -Bordoni, Boothroyd, Nichols, Dennis, Gutenberger, Slattery Motion Defeated The question of the adoption of the main motion was duly put to a vote on roll call, which resulted as follows: Meyer Slattery Nichols Dennis Holman Bordoni Boronkay Saccucci Gutenberger Boothroyd Ayes (6) Nays (4) Nay Aye Aye Aye Aye Aye Nay Aye Nay Nay Carried Alderman Boothroyd later requested that his vote of Nay on the·adoption of the main motion above be changed to Aye, resulting in: Ayes (7) Nays (3) Direction to Board of Public Works B~Alderman Dennis: Seconded by Alderman Bordoni RESOLVED, That this Common Council hereby directs the Board of Public Works to proceed with its review, approval and acceptance of the lowest acceptable bids for the Health Facility which they received September 8, 1.977, and proceed with construction of said facility in an expeditious manner. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) -Slattery, Nichols, Dennis, Holman, Bordoni, Boronkay, Saccucci, Gutenberger, Boothroyd m ~ Nay (1) -Meyer 382 -4-September 14, 1977 NOW, THEREFORE, BE IT RESOLVED, That $15,210 be transferred from Al990 Contingent Account to H890-169 Stewart Avenue Retaining Wall Repair. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Possible Closeout of Capital Projects . By Alderman Gutenberger: Seconded by Alderman Bordoni - RESOLVED, That the City Controller be directed to work with the Superinl tendent of Public Works to review the possible closeout of existing cap 11 project. and report back to the Common Council at the Regular October meeting of the Council. if - Carried Unanimously Celebrations Ithaca Alderman Gutenberger called attention to a letter addressed to Mayor Conley from Raymond Van Houtte, President and Chief Executive Officer Tompkins County Trust Company, in regard to the lack of funds of the ' Ithaca Fall Festival Board to complete projects for the Celebration: "September 12, 1977 The Honorable Edward J. Conley Mayor of Ithaca City Hall 108 East Green Street Ithaca, New York 14850 RE: Ithaca Fall Festival Dear Mayor Conley: As you know, I am a member of the Ithaca Fall Festival Board and have assisted in fund raising activities to insure the success of the "Celebration." Various meetings have been held in recent days to discuss the lack of funds to purchase materials for our local artists. We appreciate the original contribution by the City in the amount of $1,000.00 which, together with other local contributions, will assure the success of all other Celebration activities. It is estimated, however, that approxi- mately $3,000 is urgently required for various materials in order that \....,, our local artists might complete individual projects for the Celebration. We expect that various fund raising activities, to be held during the Celebration, will generate certain revenues to help offset the costs 0£ such materials and supplies. We respectfully request that the City of Ithaca consider increasing its contribution by $500 to insure that our local artists will have supplies and materials required to meet variuus construction deadlines. This amount of $500 represents our best estimate of the short-fall between the cost of the supplies and the expected revenues to be derived from Celebration revenue-producing projects. Please convey our thanks to Common Council for their support of this activity which should attract thousands of residents and outsiders to our downtown Commons. S~nr.~rP.lv _ LO LO 0 c::( c::( c::( -5-September 14, 1M3 Resolution to Refer By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, the resolution recommending amendment of the contract between Summer Ithaca, Inc. and the City of Ithaca to increase the amount of compensation be referred to the Budget & Administration Committee for recommendation back at the next Council meeting. A vote on the referring motion resulted as follows: Ayes (5) -Boothroyd, Nichols, Boronkay, Slattery, Saccucci Nays (4) -Dennis, Gutenberger, Bordoni, Holman Abstention -(1) -Meyer Carried ADJOURNMENT: On a motion the meeting adjourned at 9:50 p.m. Rundle, City Clerk u r I L... COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Regular Meeting 7:30 P.M. Octouer S, 1977 PRESENT: ?dayor -Conley Aldermen (9) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, ABSENT: A!derman (1) -Slattery OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro Dir. Youth Bureau -Cutia City Engineer -Cox Supt. of Public wo~ks -Dingman Dir. Planning & Development -Van Cort Chief of Police -Herson City Clerk -Rundle PLEDGE OF ALLEGIANCE: Mr. Harold DeGraff -Ho~pital Board of Managers Ms. Bonnie Howard -Primary Care Mrs. Ruth DeWire -Hospital Board of Managers and Primary Care Mayor Conley led all present ,in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, That the Minutes of the September 7, and September 14, 1977 meetings be approved as recorded by the city clerk. Carried Unanimously ADDITIONS TO THE AGENDA: Budget & Administration Committee Alderman Gutenberger requested that one item be added to the agenda - a resolution concerning the purchase of van for the Youth Bureau. No Council member objected. COMMUNICATIONS: Mayor Conley recognized Mr, Arthur Pierce of the Ithaca Neighborhood Housing Services who presented a brief progress report of the organization's work for the past year and presented a slide show of what the neighborhood is starting to do and how it is beginning to work. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Downtown Health F~cility Mr. Richard Berg, 601 East State Street, and Ms. Bernice Miller, 117 South Plain Street, addressed the Council, expressing the hope that the Council pass the resolution app:roving the Downtown Health Facility. Ithaca Neighborhood Housin_g Services , The Reverend Wilma Lloyd, 201 Cleveland Avenue, addressed the Council, c.ommenting that she was impressed by the slide show of Mr. Pierce and expressing appreciation to the Council for what is being done in her neighborhood. PLANNING AND DEVELOPMENT COMMITTEE: Downtown Health Facilitv Contract tity Attorney Shapiro r~viewed the recent changes in the draft of the contract which concerned the $15,000 for movable equipment for the -, A l."- -2-October S, 1977 be several choices. She also said the program was supposed to be self-• sufficient by that time. Mrs. Ruth DeWire e>-..-plained that the program belongs to the hospital, ev~n th'.)Ugh not a part of the hospital. The hospital is responsible for tlie''' operation of the program; the city is responsible for the facility. Resolution By Alderman Saccucci: Seconded by Alderman Holman 1 ' RESOLVED, That a clause be included in the contract whereby the Hospital· Board of Managers guarantee payment of $90,000 to the City of Ithaca pf'ior to June 1, 1979. . .. t: I Discussion followed on the floor. Aldermen Saccucci and Holman withdrew the resolution due to the fact that the original resolution had not been presented. Resolution By Alderman Meyer: Seconded by Alderman Holman RESOLVED, That Common Council approve the contract and the City for the Family Medicine Center. between the Hospitaf' Amendment to Resolution 1 ', By Alderman Saccucci: Seconded by Alderman Holman RESOLVED, That provision be made in the contract whereby the Hospital Board of Managers guarantee payment of $90,000 to the City of Ithaca prior to June 1, 1979. • Additional discussion followed on the floor. Mr. Harold DeGraff, Hospital Board of Managers, addressed the Council,· informing them that the Hospital Board of Managers is not in a position to make the guarantee; further that they have every reason to believe , the Appalachia funds are corning through. • ~ I - Mr~. Ruth DeWire, Primary Health Care Center and Hospital Board of Managb . addressed the Council, informing them that there is absolutely no way the. 1 Hospital Board of Managers could guarantee payment of the $90,000 except ,.,_J through the Tompkins County Board of Representatives. • The question of the adoption of the amendment to the resolution was duly pu~ to a vote on roll call, which resulted as follows: Bordoni Nichols Saccucci Holman Meyer No No Yes Yes No Dennis Boronkay Gutenberger Boothroyd No Yes Yes No Ayes (4) -Saccucci, Holraan? Bcronkay, Gutenberger Nays (S) -Bordoni, Nichols, Meyer, Dennis, Boothroyd Absent (1) -Slattery The question of the adoption of the original resolution was duly put to d vote on roll call, whic~ resulted as follows: Bordoni Nichols Saccucci n 1 m!l Yes Yes Yes V c: Dennis • Boronkay Gutenberger R ,...~1-,.,. vrl Yes Yes No V C I I u ... 3~ 3 '8' 7 -3-Octobe:r S, 1977 rehabilitation of 213 South Plain Street as recommended by the Ithaca Urban Renewal Agency. Carried U~animously BUDGET AND ADMINISTRATION COMMITTEE: Rehabilitation of 213 South Plain Street B.y Alderman Gutenberger:. Seconded by Alderman Dennis RESOLVED, That this Common Council hereby creates a capital project to be known as "Rehabilitation of 213 South Plain Street" in the amount of $29,000; said funding to be totally drawn from the Third Entitlement Period of Community Development Funds Account Number 8666 known as Clearance. • BE IT FURTHER RESOLVED, That this Common Council directs the Board of Public Works and its staff to implement the rehabilitation of 213 South Plain Street in accordance with plans prepared by Robert Boehlecke, Architect, to be approved by the Ithaca Urban Renewal Agency, and as described in the Ithaca Urban Renewal Agency's resolution at its September 19, 1977 meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Bikeway WHEREAS, the Common Council has established a capital project for the development of a city recreational bicycle route, and • WHEREAS, the Department of Planning and Development has determined that this should be a phased project and·has prepared preliminary cost estimates, md • WHEREAS, the Environmental Commission supports this project; THEREFORE, BE IT ·RESOLVED, that implementation of the first phase begin as soon as possible with signage and other necessary improvements from down- tpwn to Stewart Park, and RESOLVED FURTHER, That implementation of the Spencer Road-Buttermilk Falls section be delayed until an alternative route north of Elmira Road can be evaluated, and that Common Council direct the Department of Planning and Development to prepare such an evaluation in conjunction with overall planning for Southwest development; RESOLVED FURTHER, That the Police Department be consulted in the bikeway planning process. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) Nays (2) Absent (1) Bordoni, Nichols, Saccucci, Holman, Meyer, Boronkay, Gutenberger Boothroyd, Dennis -Slattery Carried -4-October S, 1977 Deputy City Clerk Mayor Conley requested t11e approval of the Council for the appoirttment of Cal 1 is ta F. Paolangel i, 324 S. Geneva Street~ as Depu:ty City Clerk..- at a salary of $10,528 per annum, effective Octo'her 3, 1Y77. ~:. Resolution By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That Callista F. Paolangeli be appointed Deputy City Clerk at a salary of $10,528 per annum, eff~ctive October 3, 1977. ;· Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Senior Citizen Partial Tax Exemption By Alderman Nichols: Seconded by Alderman Bordoni WHEREAS, the Tompkins County Board of Representatives has increased the cejJ.ing income for senior citizen eligibility for partial tax exemption from Six Thousand Five Hundred Dollars ($6500) to Seven Thousand Two Hundred Dollars ($7200), and WHEREAS, an increase in the income ceiling would seem justified by the recent increase in Federal Social Security payments; J ·-·'\ NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is hereby request64 to draft legislation amending Chapter 81 of the Municipal Code to reflec€ the increase in the income ceiling for partial tax exemption for senior :,_::; . citizens from Six Thousand Five Hundred Dollars ($6500) to Seven Thousan&\ Two Hundred Dollars ($7200), and BE IT FURTHER RESOLVED, That the proposed amendment be referred to th~ Budget and Administration Committee for approval during the month of . '· October 1977. Carried Unanimously Prohibition of wheeled vehicles (except invalid chairs, baby carr~ag__~ and City-owned maintenance truck) from the· gorge ~trails area of the •circt ... , 9reenway • , By Alderman Nichols: Seconded by Alderman Boothroyd 1 WHEREAS, the unrestricted use of motorbikes, trail bikes, and similar .. __,) vehicles has caused damage to the existing footpaths in the gorge trail area of Six-Mile Creek designated by action of the Common Council as .the Circle Greenway, and WHEREAS, safety considerations have caused the Department of Public · Wo1·ks and the Board of Public Works to prohibit bicycle riding on the trails in Six-Mile gorge, and WHEREAS, The City of Ithaca Bicentennial Commission has voted unanimo~sly to designate the gorge trail area of the Circle Greenway as a footpath for pedestrian use, excluding all wheeled conveyances except those necessary for the safety and comfort of the public; NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is requested to draft legislation increasing the penalty for violation of Section 65.11 of the City of Ithaca Municipal Code from one dollar ($1) to not more than twPnty-five dollars ($2S). Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously l- -5- -~ 3'?i October S, 1977 • NOW THEREFORE, BE IT RESOLVED, That the Department of Public.Works and the'Board of Public Works are requested ~o consider the problems of im- proving access to public meetings as wel,1 as City Hall, improvements . of the sound system for the benefit of hearing-impaired persons and to make recommendations concerning proposed changes to the Council Cour 1:il. Carried Unanimou / BUDGET AND ADMINISTRATION COMMITTEE: Transfer of Funds By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the Third Year Entitlement Period Application for Community Development Funds be amended to include the following transfers:. From: First Entitlement Period Funds 8660 Acquisition of Real Property 8666 CleRrance, Demolition & Reh~bilitation 8682 Relocation Payments Second Entitlement Period Funds 8666 Clearance, Demolition & Rehabilitation 8690 Contingency Third Entitlement Period Funds $7,364.00 1,816.00 3,000.00 $7,364.00 9,456.00 8666 Clearance, Demolition & Rehabilitation $29,000.00 Carried Unanimously Citv of Ithaca Tax Abatement By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the 1977 City of Ithaca taxes on the following listed property be expunged: Williams Glen Road -Map 4i Block 2, Lot 2.2 1977 Assessment $100.00 l977 City Tax 2.00 Carried Unanimously '--Transfer of Funds for ,Board .of Public Works By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That $300 be transferred from Fl990 Water Contingent Account to F8310-6-200 Shop and Equipment -Equipment; and that $300 be transferred from Gl990 Sewer Contingent Account to G8110-6-200 Shop and Equipmen't - _Equipment, to provide funds for replacement of a pump which has been . damaged beyo~d repair. Carried Unanimously Equipment List Amendment . By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the 1977 Equipment List for A5630 Bus Operation be amended to i~clude a c~in sorter for $1,700. No additional appropriation is required. Carried Unanimously Celebrations Ithaca Re uest for Funds Al erman Gutenberger rcporte tat t e Budget and Administration Committee had voted not to fund the Celebrations Ithaca for an additional $500 as requested. Alderman Meyer asked for an explanation for the committee's decision. Alderman Gutenberger reported that the committee felt the ritv h~~ I I r r t ; I -6- Establishment of a Capital Project for South Hill Park By Alderman Gutenberger: Seconded by Alderman Saccucci October S, 1977 RESOLVED, That this Coinmon Council hereby creates a capital project to be known as "South Hill Park" in an amount of $16,000 for inclusion in the 1978 City of Ithaca budget. Discus~~on followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Unemployment Insurance Tax Control Service Agreement By Alderman Gutenberger: Seconded by Alderman Saccucci i ! I RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an igreement between the City of Ithaca and Reed, Roberts Associates, Inc. to provide Unemployment Insurance Tax Control services, in an amount not to exceed $1.85 per city employee. - Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Authorization for "Emergency Purchase" of Youth Bure·au: Van By Alderman Gutenberger: Seconded by Alderman Holman WHEREAS, the City of Ithaca advertised for bids for a van for the Youth Bureau, and WHEREAS, on September 29, 1977, the returnable date for bids, no one appeared with bids, nor were there ·any sealed bids, and WHEREAS, an emergency situation exists in the Youth Bureau due to the condition of the existing van; NOW, THEREFORE, BE 1T RESOLVED, That this ¢ommon~Council hereby deciares an emergency and authorizes the Youth Bureau to make direct purchase of a van within the 1977 City of Ithaca Budget appropriation. Carried Unanimously Au<lit B);-Afder::nan Gutenberger: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $27,475.45 as listed on Audit Abstract #10/1977 be approved for payment. Carried Unanimously CONTROLLER'S REPORT: ·:..TT-·• City Controller Daley reported that the State Legislature has mandated_ that the following items be initiated by the first of 1978: Unemployment Insurance Program, Fixed Assets Accounting and Appraisal, Capital Projects Accounting System and Debt Service Bookkeeping. BICENTENNIAL COMMISSION Alderman Nichols reported that the commission h tj,rne to maintain the Circle Greenway as a pro of the American Revolutionary Celebration whic PLANNING AND. DEVELOPMENT COMMITTEE: Eouth Hill Playground ~ , _ ... ___ • C' -~ ---..:I h u ,\ 1 rl a ..-m "'n H n 1 m n decided it will ~on- ·t for the entire period tll last until 1981. LJ LO LO 0 <C <C <C I I "-' -7-October S, l~~f upon the recommendation of the State Commissioner of Housing and Gommunity Renewal and approval thereof by the Conservation Commissioner; and WHEREAS, land acquired by a municipality with the aid of state funds may not be used for other than a public park nor alienation without express legislative authority; and WHEREAS, the proposed park location has been approved by the Planning and Development Board of the City of Ithaca which has also found that the proposed park location generally conforms to the existing compre- hensive plan of the community and park development plans and other plans or programs where such exist; and WHEREAS, it is desirable and in the public interest that the City of Ithaca acquire lands estimated to cost approximately sixteen thousand dollars ($16,000), in order to establish a municipal neighborhood park, described as follows: A 131.4 x 295 ft. rectangular tract of vacant land presently owned by James E. Gardner, Jr. and extending from Hillview Place through to Columbia Street in the City of Ithaca, State of New York, excepting a 43 ft. by 100 ft. rectangular tract in the Southeast corner of the larger rectangle, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL: 1. That the said described lands within the City of Ithaca consist of approximately 34,300 square feet. 2. That the said described lands are located in or convenient to densely-populated areas. 3. That the said state aid available under and pursuant to the park lands acquisition act is needed to enable the City of Ithaca to acquire the said described lands. 4. That the said described lands to be acquired consist of predominately open or natural lands. r S. That the land described above are approved for acquisition for a municipal neighborhood park pursuant and subject to the provisions and requirements of the park lands acquisition act as well as such rules and regulations as are prescribed by the Commissioner of Housing and Community Renewal. • 6. That the City of Ithaca is cognizant of the conditions that are imposed in the park land acquisition act and the rules and regula- tions of the Commissioner of Housing and Community Renewal for the establishing or expansion of a neighborhood park with state aid, including b~~ not limited to those prohibiting the municipality from (a) making any rule or regulations restricting the use of such park to the residents of the municipality without express approval of the Parks and Recreation Commissioner, (b) disposing or alienating the lands acquired with the aid of state funds without express authority of the legislature, and the provision by the municipality of twenty-five (25) percent of the cost of land acquisition. 392 October S, 1977 to provide such additional informatidn and to furnish such documents as may be required by the Commissioner of Housing and Community Renewal or other State officials and to act as the authorized ,~, representative of the City of Ithaca. Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: Alderman Boronkay asked what, if anything, had been done regarding the resolution passed at the September 7 meeting concerning Spencer Street traffic. Police Chief Herson reported that on September 21 a survey was taken 1 • between 10: 30 a. m. and noon; and on September 2 2 a survey was taken b,etwl 1 4: 00 p. m. and 5: 30 p. m. The only vehicle to exceed 30 mph was 1 mototcyci"e. He commented that obviously the answer is there should be no parking on that street, however that is not possible. ~e said the committee is pursuing the legality of recommending that there be a reduced speed-ione there. Signal Light -South Meadow, South Titus, W. Clinton Street Alderman Saccucci asked what progress has been made with the State in regard to the signal light or traffic control device for the inters~otion of South Meadow, South Titus and W. Clinton Street. ~ Mayor Conley reported that work is being done on the problem trying to synchronize the rest of the lights and he thinks he can report further at the next meeting. Revenue Sharing ~ Alderman Gutenberger reported that· the committee has gone through the process of selection, and at present is waiting to determine which· organizations are fundable so it can make its determination. He hopes~ to have more information available at the next meeting of the committee. "' ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. L Ln LO 0 <( <( <C COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 393 Regular Meeting 7:30 P.M. November 2, 1977 PRESENT: • Mayor -Conley Aldermen (IO) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, 1 / Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller -Daley City Attorney -Shapiro Building Commissioner -Hoard Fire Chief -Weaver PLEDGE OF ALLEGIANCE: Dir., Planning & Development -Van Cort Consultant -McDougall City Clerk -Rundle Deputy City Clerk -Paolengeli ' Mayor Conley led all present in the Pledge of Allegiance to the Ame~ican flag. APPROVAL OF MINUTES: By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That the Minutes of the October S, 1977 meeting be approved as recorded by the City Clerk. Carried Unanimously COMMUNICATIONS: Mayor Conley called attention to a letter received from Walter Schwann concerning a 4-lane highway. Reading of the letter was waived inasmuch as all Council members had received copies of the letter. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Re·que·st by Strand The·ater for· Revenue Sharing Funds The following people spoke te the Council in support of the City pro- viding Revenue Sharing Funds for the Strand Theater to pay for sound and lighting equipment crucial to their operation; also to show to the County, State and Federal governments that the City supports their. project: Warren Schlesinger, 222 N. Albany St., Business Manager for Strand Theater Charles Mccary, 227 Snyder Hill Rd., Chairman, Cayuga Chamber Orchestra, who read the following two letters to the Council: October 24, 1977 Mr. Charles E. L. Mccary, Chairman Cayuga Chamber Orchestra Strand Theatre Ithaca, New York 14850 Dear Charles: _M.:my, many thanks for the fine complimentary seats Saturday riight. Vivaldi was as exciting as I had heard it would be. The Strand is a beautiful setting for Karel Husa to perform his magic. ~ feel very confident that both the Strand and your orchestra will enjoy many shows together. • My hope is that I will be able to enjoy many more personally. My many community commitments keep me busy, but I hope I can continue ,..~-..,,.+ ... • +h '"""" .., ,'.I ,.,. .o. +,,. t I I i I ! l ! i 394 -2-uo·ver.ber 2, 1977 Ladies and Gentlemen of the Council: I was shocked to read in Friday's Ithaca Journal of the Finance Committee's recommendation not to fund the Strand Theater with a portion of revenue sharing funds. • • The Strand compares most favorably with many of the most celebrated renovated theatres around the country. The Strand's remarkable acoustics are fully as good as those of the Old Boston Theatre, and the famous Pabst Theatre in Milwaukee in which l recently conducte.d, _ The stage of the Strand is large enough to accommodate a full-size symphony orchestra, yet with smaller groups the effect of intimacy is not lost. It would not be feasible to plan performances of even the 35 pieces of the Cayuga Chamber Orchestra in the Hangar. After the impressive eftorts of such a large staff and so many volunteers and supporters, I feel it would indeed be a tragedy for Ithaca if the Strand is not able to receive the funding it so richly· deserves. Thank you. Yours. sincerely, Karel Husa -Sven Warner, Chairman of the Tompkins County Arts Council Mrs. Alice Reid, Director of Ithaca Ballet - Frank Bartolucci, Co-producer of Portable Players, In-House Resident Acting Company of the Strand Theater, presented petitions wtth 500 signatures supporting the Strand Theater's request for Revenue Sharing funds. Jim Drake, 210 Cliff Park Rd., Executive Consultant, Ithaca Opera As:soc. Pamela Scholl, 618 N. Aurora Street • Barbara Theusen, Executive Director, Strand Theater School Crossing On Aurora Street - Celia H. Bowers, Vice President of the South Hill Parent Teachers As-soc,, addressed the Council concerning the dange·rous conditions· on Aurora Street for the crossing of children from the South Hill School. She said that every time the PTA of South Hill has tried to rectify the safety situation on Aurora Street, they have come up against the problem to.at it is a state road, thus there are no crossing signs or speed limit signs·. She appealed to the Council to raise the issue to the State. She pre~ sented a list of safety precautions the PTA, crossing guards and head- mistress of South Hill School feel should be taken: The City could build an overpass which would be safe if the truck traffic could be rerouted. Alternatives are painted signs on the road, child-crossing signs at the side of the road, 15 mile per hour speed limit enforced in school hours, push-button traffic light installed in place of blinking orange light· now there and 15 extra minutes of crossing guard duty. Request by SCAN (Service Conimunications & Advocacy Networ·kl for Rev·e·n·ue Sharing ·Funds Kirby Edmonds, 530 N. Albany Street, Drug Coordinator for Tompkins County, addressed the Council concerning the request of SCAN for $800 of Revenue Sharing funds to use for their training program. He commented that Alderman Gutenberger, Chm. of the Budget & Administration Committee of Council, had indicated that since the organization is s onsored by the -3-November 2, 19395 ADDITION TO THE AGENDA: Human Services Committee Alderman Boronkay requested that one item be added to the agenda - a resolution concerning South Hill. No alderman objected. BUDGET AND ADMINISTRATION COMMITTEE: 1978 Federal Revenue Sharing Recommendations By.Alderman Gutenberger: Seconded by Alderman Dennis 1 !RESOLVED, That the following 1978 Federal Revenue Sharing Fund requests be approved and included in the 1978 City of Ithaca Budget: I ~1. Senior Citizens Council -$2,995.00 -to buy a copy machine contingent on the machine remaining the property of the City of Ithaca and arrangements being made for the most efficient use of the machine. 2. Center for the Arts at Ithaca -$34,385.00. 3. -LO LO Voluntary Action Center -$7,142.00 -Funding for one year only and Voluntary Action Center should coordinate with other agencies to continue the program after 1978. Qt. Gadabout -$5,000.00 ~iscussion followed on the floor. ~lderman Saccucci offered the following amendment to RESOLVED, That the Strand Theater be included in the for revenue sharing funds. The amendment received no second . . the resolution: approved requests City Attorney Shapiro suggested that each recommendation be voted on individually . . fter much more discussion, a vote was taken on the individual items l....itn the resolution which yesulted as follows: 1. Carried Unanimously 2. Ayes (j) -Jordoni, Boronkay, Dennis, Gutenberger, Meyer, Nichols, Saccucci, Slattery Abstentjons (2) -Boothroyd, Holman Carried • 3. Ayes (8) -Bordoni, Boroikay, Dennis, Gutenberger, Meyer, Dennis, Saccucci, Slattery Nays (2) ·-Holman, Boothroyd Carried 4. Carried Unanimously Alderman Meyer requested ·it be entered in the record that she would like to have seen money contributed to the Strand, and would like that to be considered seriously by other allocations of the county. • Re·s·o-iution By Alderman Meyer: Seconded by Alderman Saccucci RESOLVED, That Council expresses interest for support of the Strand Theater in regard to the Community Development funds. Carried Unanimously .....-.. • • 396 -4-November 2, 1977 Transfer of Fun·ds -Civil Service By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That $1,810.00 be transferred from A1990 Contingency Account to.A1430 Personnel as follows: Line 101: $1,010.00 Line 422: 800.00 Carried Unanimously Transfer of Funds -Circle Greenway Capital Pro~ect By Alderman Gutenberger: Seconded by Alderman-accucci RESOLVED, That $2,200.00•be transferred from A1990 Contingency Account to A9550. Transfer to Capital Fund for Circle Greenway Capital Project,! Carried Unanimously .;, 1 _ Equipment List Amendment -Finance Department By Alderman Gutenberger: Seconded by Alderman Booti:iroyd RESOLVED, That the 1977 Equipment List for the Finance Department, Al315-210, be amended to include one typewriter stand for $74.00 and a visible record file for $500.00 No additional appropriation is required. Carried Unanimously Senior Citizens' Partial Tax Exem~tion By Alderman Gutenberger: Seconde by Alderman Saccucci WHEREAS, the Tompkins County Board of Representatives has increased the ceiling income for senior citizen eligibility for partial tax exemption from Six Thousand Five Hundred Dollars ($6,500) to Seven Thousand Two Hundred Dollars (_$7,200), and WHEREAS, an increase in the income ceiling would seem justified by the recent increase in Federal Social Security payments; NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is hereby requested to draft legislation amending Chapter 81 of the Municipal Code to reflect the increase in the income ceiling fo~ partial tax exemption for senior citizens from Six Thousand Five Hundred Dollars ($6,5001 to Seven Thousand Two Hundred Dollars ($7,200). Carried Unanimously .....- Audit By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget-and Admini- stration Committee in the total amount of $22,927.40 as listed on Audit Abstract-#11/1977 be approved for payment. Discussion followed on the floor. Council requested Mayor Conley ·send a memo to all employees that every attempt should be made to patronize the stores within the City of Ithaca when using city funds for purchases. A vote on the res61ution resulted as follows: Carried Unanimously • Ca itaT T:nmrovements Review Committee ·_ Recommendation for· 'Pro·ce·dures Al~erman Gutenberger reported that the recommendation for procedures· resolution has not been typed up, and that it shoull be referred to the Charter & Ordinance Committee also. He said the recommendation suggests that the Capital Review Committee·be an ongoing committee meeting through the year which, in respect to the capital projects ready for f~nding~ would receive the information through the various requestin/ LJ LO LO 0 <C <C <C -5-November 2, OO'i purposes of information flow and formal structure of the Council, the chairman of the Planning & Development Committee is always a member of the Capital Review Committee; that the recommendations of the Capita.I Improvement Review Committee be referred to the Planning & Development Committee for review and recommendation. Alderman Meyer further announced that the Planning & Development Committee will meet on Wednesday, November 9, 1977, at 7:30 p.m. to receive the recommendations from the Capital Review Committee and review them. COMMUNICATIONS FROM THE MAYOR: 1978 Budget Mayor Conley reviewed the 1978 Departmental Budget Requests with Council. He commented that he wishes to send a recommendation to the Charter and Ordinance Committee that the Administrative Code be revamped as it relates to the procedure for preparation of the budget. PLANNING AND DEVELOPMENT COMMITTEE: Columbia Street Annex Alderman Meyer reported that the committee recommended that no action be taken on this item for several reasons. It was asked by the Board of Education to make application for money from the State which would involve city funds and then possibly that would help pay the Board of Education for the property. The committee decided that the investment of the Planning staff and the city funds perhaps were not warranted by the size and maintenance of the property. Route 96 Alderman Meyer reported that the committee was concerned about where the State was -their obligation to respond to the Council. The question came up whether the committee needed to make a formal resolution once more ~o the State to provide.the information which was asked for. Mayor Conley reported that he had talked to Comm'r. Hennessey about the issue and had been told that a letter is in the mail to the Mayor which• agrees that if we can devise a project of lesser impact s·ui table to' the community, that it co.uld be advanced to the design hearing, and the State would support it. Discussion followed on the floor. Resolution By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That since we do not have anything from the State in writing, that we reaffirm our earlier resolution of July 6, 1977,.that the State, as quickly as possible, notify the city in writing of their intent to comply with our request. • Ayes C9l -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger,· Holman, Meyer, Saccucci, Slattery Nay CI) -Nichols Carried ·cHARTER AND ORDINANCE CO~:MITTEE: Ordinance 'Amendin¢ Chapter 81 entitled "Partial Tax Exemption" By Alderman Nichols: Seconded by Alderman Bordoni ORDINANCE NO. 77-10--AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL TAX EXEMPTION" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, -6-November 2, 1977 398 calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits .. , interest, dividends, net rental income, salary or earnings, and net income from self employment, but shall not inclu~e gifts or inheritances. 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 Unanimously Ordinance Amending Chapter 65 entitled "Public Safety" By Alderman Niehols: Seconded by Alderman Bordoni "" ORDINANCE NO. 77-11--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, New York as follows: Section 1. That Section 65.20 entitled "Penalties for Violation of Article" is hereby amended to read as follows: I - Any person cop_victed of a violation of any provision of this Article • shall be punished by a fine of not more than one dollar ($1.00) or by removal and detention of the license or sticker from such perso~'s bicycle for a period not to exceed thirty (30) days or by impounding of such person's bicycle for a period not to exceed thirty (30) days or by any combination thereof; provided however, that the penalty for violation of the requirements of Sections 65.9 and 65.10 shall be that prescribed in Section 1.10 of this Municipal Code, and that the penalty for violation of the requirements of Section 65.11 shall be a fine of not more than twenty-five dollars ($25.00). Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice.,.as provided in Section 1.11 (B) of the Ithaca City Charter~ Discussion followed on the floor. A vote ~n the resolution resulted as follews: - Ayes (9) -Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Nichols, Saccucci, Slattery Nays (l) -Meyer Carried Noise Ordinance Revision Alderman Nichols reported that the committee had met with Prof. Albert George, Chairman of Mechanical Engineering and Aerospace at Cornell University, and that he had given excellent suggestions and a list of cities similar to Ithaca that have noise ordinances, most of which were college towns. The committee also have a couple of model ordinances which Alderman Holman obtained from environmental sources. The committee expect~ to make , some progress on the noise ordinance quite soon. Tavicb Rate Increase Reque~t Since publishing the agenda, Chm. Nichols received a request from the taxicab owners to meet with the committee because they feel the need for a rate increase. She announced a committee meeting will be held with the taxicab owners on November 14, 1977 at 8:00 p.m. in the Mayor's rnn-f-e:>-re:>nr,::, Rnnm -7-November 2, 19'WSB NOW, THEREFORE BE 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 January 1, 1978. Carried Unanimously Inclusion of Smoke Detectors in Codes ··· Alderman Boothroyd reported that at its meeting on November 16, 1977, Uf ire. Chief Weaver would meet with the committee and give his recommenda- ~ions on the feasibility of inclusion of smoke detectors in the Codes, ~fter which Human Services Committee will recommend to the Charter and -Ordinance Committee. • South Hill Safety By Alderman Boronkay: Seconded by Alderman Holman WHEREAS, recent accidents again emphasize the need for improved safety on South Aurora Street, and ~EREAS, this Common Council has passed an ordinance against southbound l.!}is ·well as northbound truck traffic; ~OW, TH~REFORE, B~ IT ~ESOLV~D, That this C?mmon Council work with the I?p.rop:i~te agen~ie~, ii:i,clu~ing t~e South Hill School P. T .A. an~ South ill Civic Association in discussions to work toward an appropriate elution. BE IT FURTHER RESOLVED, That this matter be referred to the Human Services Committee with a report back to Council at its January meeting. Carried Unanimously • INTERGOVERNMENTAL RELATIONS COMMITTEE : _By Alderman Dennis: Seconded by Alderman Bordoni }rHEREAS, a joint meeting of the City of Ithaca and Tompkins County . [ntergovernmental Relations Committees was held on October 19, 1977 to Uiscuss policies with re~pect to Revenue Sharing Fund allocations; THEREFORE, BE IT RESOLVED, That the foliowing procedures be adopted for further Federal Revenue Sharing Fund requests: 1, The City will have a legal review of all requests before submission to the Human Services Coalition. 2. The same dates and deadlines will be used by the City and County: July 1 -deadline for submission of all requests to the City Controller, August 1 -legal opinion of all requests completed, September 15 -recommendations from Human Services Coalition to Budget and Administration Committee. Carried Unanimously ENViRONMENTAL COMMISSION: \lderman Holman reported that the Environmental Commission continues jts suppo-r:t of the bikeways, as well as bicycle education, and has a 400 -8-November 2, 1977 REPORT OF SPECIAL COMMITTEES: Labor-Man~ment Health Insurance Committees Alderman Boothroyd reported the committee has met three times with representatives of the labor unions, and on the basis of thosy informa- tive meetings it was determined that it would be in the best interests of the city to hire an independent outside consultant to look at our insurance and employee benefit programs with an eye toward saving the City of Ithaca some money and provide a better delivery of employee benefits to the City of Ithaca. Resolution By Alderman Boothroyd: Seconded by Alderman Slattery WHEREAS, Common Council created a Labor-Management Health Insurance Committee, whose membership consists of the Budget and Administration\' Committee of Common Council and representatives of the five labor unions in the City, and WHEREAS, the Labor-Management Health Insurance Committee met on Octobe-;r 19, 1977 to interview insurance consulting firms for the job of investi- gating the possibilities of a new health insurance plan for the City of Ithaca, and _ I , I - WHEREAS, the Committee unanimously agreed on the Independent Risk Manage- ment Group, Inc. of Syracuse, New York as its choic~ and recommends ifs approval by Common Council; NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the recommendation of the Labor-Management Health Insurance Committee,and BE. IT FURTHER RESOLVED, That the recommendation be referred to the Budget and Administration Committee for further action. Art Santora, President of the Ithaca Chapter of the C.S.E.A.-Administta- tive Unit, spoke to Council, explaining briefly the two proposals sub- mitted to the committee which could result in considerable savings to· the city, as projected, based on programs in other cities. A vote on the resolution resulted as follows: Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: Renegotiation of Contract Alderman Slattery asked that the Intergovernmental Committee be given the responsibility for negotiating the Fire Coordinator's Contract for Tompkins County; also that Fire Chief Weaver review the Fire Contract· with the Town of Ithaca and report back. Proxy Vote ' ~ Alderman Slattery asked if prov1s1on is made in the City Charter for an alderman who is unable to be present at a meeting to vote by proxy. City Attorney Shapiro commented that the present Charter does not provide for a proxy vote, but agreed to research the matter and report back. NEW BUSINESS: Lc:ives Alderman Saccucci commented that he would like all citizens warned to watch for children playing under piles of leaves, in the interest of safe'ty. Regular Meeting PRESENT: Mayor -Conley COMMON COUNCIL PROCEEDINGS City of Ith~ca, New York 7:30 P.M. 401 ,ecember 7, 1977 Aldermen (10) -Bo9throyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, rerer, Nichols, Saccucci, Slattery .. OTHERS PRESENT: LI City Controller -Daley i City Attorney -Shapiro ' City Engineer -Cox Director, Youth Bureau -Cutia Director, Planning & Development Chief of Police -Herson City Clerk -Rundle lfl lfl 0 <( <( <( i I i I -Van Cort PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderman Boronkay: Seconded by Alderman Bordoni RESOLVED, That the Minutes of th~ November 2, 1977 meeting be approved as recorded by the City Clerk. • I ADDITIONS OR DELETIONS TO THE AGENDA: Planning & Development Committee Alderman Meyer requested that one item be added to the agenda -a report to the Planning & Development Committee concerning South Hill School Annex. No alderman objected. Budget & Administration Committee A-lderman Dennis requested that two items, N and 0, be deleted from the agenda. No alderman objected. Human Services Committee Alderman Boothroyd requested that one item be added to the agenda re- garding application for matching funds for the County Youth Bureau. No alderman objected. COMMUNICATIONS: W. Green Street/Meadow Street intersection City°-Clerk Rundle read the following communication to· the Council: u707 West Green Street 1th~ca, New York 14850 November 9, 19 7 7 Mr. H. Matthys Van Cort Director of Planning City Hall, 108 East Green Street Ithaca, New York 14850 Dear Mr .. Van Cort: On the 700 block of West Green Street there is an intersection where .. 402 -2-December 7, 1977 Resolution By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED: That thA lAtter hp referrea to the Board of Public Works, with a copy being sent to the Planning & Development Committee of Council. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Petition regarding Pyramid shuttle bus service Mr. Steven Chaney, 619 Cascadilla Street, President of Tompkins County Chapter of the National Federation of the Blind of New York State, .. presented a petition calling attention to the need for regular, reliable bus transport from downtown Ithaca to the Pyramid Mall. City Attorney Shapiro read the petition as follows: "WHEREAS: - 1. The area within the Ithaca city limits contains a significantly la~ge population of elderly and handicapped people who, due to various factors, lack a regularly scheduled and reliable transportation alternative for travel between the downtown business district and •• areas such as Pyramid, and other outlying sites tWat serve the citizens of Ithaca. 2. Many people in Ithaca who are not elderly or handicapped are put to great inconvenience and/or expense when trips to locations of govern~ ment assistance or employment. 3. Many people outside Ithaca are unable to u~e the fine private and •• public facilities.in Ithaca due to the lack of reliable, regularly scheduled, low cost transportation. • WE, THE UNDERSIGNED, PETITION THE COMMON COUNCIL OF THE CITY OF ITHACA to take the following actions: 1. Amendment of City Ordinances and regulations to make it possible for private business and other interested parties to establish and maintain mass transportation alternatives travelling between downtown Ithaca and Pyramid Mall. Such amendments should allow the City to - retain sufficient control to ensure that such transportation servites are responsive to the public interest, • 2. To the extent considered reasonable by Common Council, authorization and appropriation of grants, loans, or other types of funding to support permanent services described above." ' Mr. Chaney said he had two signatures on the original petition and will be working toward getting as many more as possible. For the record, Mr. Chaney commented that he ~as not presenting the petition on behalf of the Tompkins County Chapter of the National Federation of the Blind of New York State, but was presenting it on his own. Discussion followed on the floor. Resolution By Alderman Meyer: Seconded by Alderman Holman RESOLVTID, That the petition be referred to the Council as a Whole. After further discussion, a vote was taken on the resolution which resulted as follows: LD LD 0 <( <( <( L., ,-3-December 7, :403 as follows: Ayes (6) -Bordoni, Nichols, Dennis, Gutenberger, Slattery, Saccucci Nays (3) -Boronkay, Holman, Meyer Carried Alderman Boothroyd arrived at the meeting at 8:08 p.m. COMMUNICATIONS FROM THE MAYOR: Authorization and creation of position of Deputy Police Chief Mayor Conley informed the Council that under the Budget & Administration Committee agenda items he was requesting the Council to authorize and create the position of Deputy Police Chief in the Police Department. He said if the position is created, he will immediately appoint the most qualified captain in the department to that position, and after filling the position, he will then ask ~ouncil to delete a captain's position from the department roster. Appointments Board of Zoning Appeals Mayor Conley requested the Council approve the appointment of William Wilcox, 705 East Buffalo Street, to the Board of Zoning Appeals to fill the vacancy created by the resignation of Edgar Gasteiger who is going out of the country, term to expire December 31, 1979. Resolution By Alderman Nichols: Seconded by Alderman Saccucci RESOLVED, That this Council enthusiastically supports the nomination by Mayor Conley of Mr. William Wilcox, 705 East Buffalo Street, to the Board of Zoning Appeals, term to expire December 31, 1979. Carried Unanimously Ithaca Housing Auth~rity For information of the Council, Mayor Conley announced that he appointed Gregory Kasprzak, 314 Taylor Place, to fill the vacancy on the Ithaca H9using Authority created by the resignation of Frank Baldwiri, The term expires October 17, 1978. He commented that he chose Mr. Kasprzak because he is an architect with an engineering background, qualifications which the Executive Director had indicated would be desirable in filling the position. For the record, Aldermen Slattery and Saccucci e.:xpressed enthusiastic endorsem~nt of Mr. Kasprzak for appointment to the position. Police De artment--Police Commissioner ~iyor Conley informe the Council tat he is appointing Frank Moore, 116 • Dearborn Place, to fill the e.:xisting vacancy of police commissioner. Mr, Moore is professor of mechanical and aerospace engineering, has absolutely no·ties to the Police Department, and is familiar with administration, and Mayor Conley feels he will do a good job for the city, The term ex- pires on December 31, 1979. Alderman Bordoni expressed a regular endorsement of Mr. Moore for appointment to the position. ~ee_t ing -New Y 2ar' s Day Mayor Conley reminded the Council that a special meeting will be held at 10:00 a.m. on January 1, 1978 in Common Council Chambers, J.08 East Green i Street, for the purpose of swearing in newly elected officers and 404 -4-December 7, 1977 BUDGET & ADMINISTRATION COMMITTEE: Disbursement of federal flood control ~oney R-✓ ,~ ·1,~p-rm<1n c,utonh,-,...-n-c..... c:~c .... ~ ;1,.,;:r-~~-::-.... ~-n ........... t.-.... 0)'.J ..,.~, .,-\ ___ ...._J•o.......,_ -.i.i.tJ_..,_0 •.&. • o..)'-' ,.J1l'-&-V'-,.&. •.J J J\.L U\...,&.Jll\A.JI. J.IV\.,JL,.JtL \.I. WHEREAS, on October 24, 1975, the Center for the Arts at Ithaca applied' for funds from the Federal Disaster Assistance Program for flood damage to the Hangar Theater, and • • WHEREAS, the City o~ Ithaca has received $1,455.30 for said flood dam~ie; NOW, THEREFORE, BE IT RESOLVED, That the City Controller be authorized and directed to reimburse the Center for the Arts at Ithaca $1,455,30 as provided in the Federal Disaster Assistance Program. A. vote on the resolution resulted as follows: Ayes (9) -Boothroyd, Bordoni, Boronkay, Dennis, Gl't~nberger, Meye~, Nichols, Saccucci, Slattery Abstention Cl) -Holman Carried Transfer of Funds By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, ·That the following transfers of funds be approved: From Fl990--Contingent Account--$10,000 To F8320-1-101~-Watershed-Personal Services--$10,000 From To G1990--Cont~ngent Ac;ount--$ll408 G391-92:-Cl1ff Street Sewer--~1,408 ~quipment List amendments Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the 1977 Equipment List for the Building Department-- A3620, Account 210--Furniture & Furnishings, be amended to eliminate i - 6 arm chairs and 1 4-drawer file and to include 2 desk chairs, 1 garment rack and 1 storage cabinet; and Account 220--Office Equipment, be amended_,, to 1 desk calculator and 3 pocket-size calculators. No additional appropriation is required. Carried Unanimously ~£:Er opriation of state anti-recession money By Alderman Gutenberger: Seconded by Alderman Saccucci Wft!JREAS, The City of Ithaca has received $109,700 from the State of New York Anti-recession Program, and WHEREAS, it is necessary to expend said funds within six months of their receipt; NOW, THEREFORE, BE IT RESOLVED, 1. That thi~ Common Council appropriates $109,700 to Account A3410-102 Fire Department--Salaries 2. That the effective date of this approprlation be October 26, 1977. Discussion followed on the floor. A vote on the resolution resulted as follows: r~--~-..l "-~-~--•• ~, •• LO LO 0 <C <C <C Health Insurance consultant approsriation 13), Alderman Gutenberger: Secondec by Alderman Dennis WHEREAS, this Common Council approved the recommendation of the Labor- Management Health Insurance Committee to investigate the possibilities of a new health insurance plan on November 2, 1977, and WHEREAS, it is necessary to appropriate money for consulting services to investigate the City of Ithaca Health Insurance Plan; NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Independent Risk Manage- ment Group, Inc. of Syracuse, New York. 2. That $4,200 be appropriated in the 19~8 City of Ithaca Budget for said services. Carried Unanimously Voluntary Action Center proposal Alderman.Gutenberger reported that he and Alderman Boothroyd had had some conversations with the Center which had requested increased funding. The committee's main recommendation referred the matter to the Human Services Coalition to report back to the Budget & Administration Committee. Fer information, Alderman Gutenberger said the Center is asking an addi- tional $4LSOO from the City of Ithaca. §alvation Army proposal By Alderman Gutenberger: Seconded by Alderman Boothroyd W11EREAS, the Salvation Army intends to open a Temporary and Emergency lh,using Program in 1978, and t EREAS, they have requested annual assistance from the county and city f,_,r funds to operate said program (county --$25,000, and city -$12,600); _ L 1:c-w, THEREFORE, BE IT RESOLVED, :t. That this Common Council approves the appropriation of $3,150 in the 1978 City of Ithaca Budget for the last quarter operation expense of the Salvation Army Temporary and Emergency Housing Program. 2. That ·this Common Council commits the city to three years of participa,:. tion in the operation expenses. • • That every effort be made to seek future funding from Community Development funds, Revenue Sharing or other sources. ~scussion followed on the floor. A vote o~ the resoluti~n resulted as follows: Carried Unanimously Furchase of Seneca Street Ram },y Al erman Gutenberger: Secon e by Alderman Meyer RtSOLVED, That $200 be transferred from A1990 Contingent Account t0 A5650-B Seneca Street Parking Ramp, Account 407 Contractual Services to purchase four mural panels. n·scussio fol owed on the f nor. 406 -6-December 7, 1977 Capital Projects Review Procedure By Alderman Gutenberger: Seconded by Alderman Dennis RE~CLVED, That the foll0wing Capital Fr0J~~ts ~eview F1uce<lu1e be 1eferreJ to the Charter and Ordinance Committee for inclusion in the City of Ithaca Administrative Code: 1. 2. 3. Recommendation to make the capital projects review process an ongoing program, to wit: All requests for capital projects, regardless of origin, must follow the Capital Projects Review Procedure as set forth in the Administrative Code. The Capital Improvements Review Committee will be appointed by the Mayor, with Common Council approval, at the January Common Council meeting. Membership will consist of 2 representatives from the Commo:rr- Council, 2 representatives from the Board of Public Works and 2 re:1resentatives from the Pl·-t.11ning and Development Board. The repre- sentatives from the Common Council will be the chairmen of the Budget and Administration and the P:anning and Development Committees, or their designees. Recommendation that all capital projects be reviewed and approved in three stages: a. Program design: Each proposed project shall have a complete program developed prior to submission to the review process. The program shall set forth the concept, alternate designs and esti- mated costs. b. Design Funding: Upon approval of the program design phase, the Capital Improvement Review Committee shall recommend to the Common Council approval of the program and request funding for the design phase. c. Project Funding: After the design phase has been completed, the project shall be reviewed and the committee shall make their recon~endation for funding to the Common Council. d. It shall be the responsibility of each committee representative to - report back to his respective board or committee for recommendation after each stage. 4. Emergency projects will be recommended on an individual basis; others will be recommended as a part of a total annual capital projects program. Alderman Meyer offered the following amendment to the resolution, seconded by Alderman Holman: RESOLVED, That the following Capital Projects Review Procedure be referred to the Charter and Ordinance Committee and the Planning and Development Committee for inclusion in the City of Ithaca Administrative Code: A vote on the amended resolution resulted as follows: Ayes (2) -Meyer, Holman Nays (8) -Bordoni, BoothJ·oyd, Nichols, Dennis, GutPnberger, Boronkay, Slattery, Saccucci Amendment Defeated A vote on the original resolution resulted as follows: /""I ----~ -_1 'J _ --.-.! --•"L W ~ -., -- Training Tower Rep. & Imp. Bicentennial Celebration Waterways Study Auburn Park Commons Courtyard Discussion followed on the floor. i -7- $ December 7, • W/~· 148.74 4,143.76 -Reappropriated to Circle Greenway 76.74 12,921.59 50,000.00 _..., A vote on the resolution resulted as follows: LO LO 0 <t <t <t Carried Unanimously Closeout of c_9-J?_~ tal reserve accounts By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the following capital reserve ~ccounts be clos~d: Municipal Buildings Municipal Garage $ 6,323.84 20,105.55 Carried Unanimously Approval of appropriation for 1978 Board of Public Works productivity improvement project By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS, the Board of Public Works propose to conduct a productivity improvement project in 1978, and WHEREAS, it is necessary to proceed with the preparation and review o ~ contracts for professional services prior to January 1, 1978; 1 NC:/, THEREFORE, BE·IT RESOLVED, That this Common Council hereby approves t he appropriation of $42,500 in the 1978 Cit~of Ithaca Budget to provide· l-professional services in conducting a productivity improvement project fo r the entire Department of Public Works. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously _C_(_)mmunity Development Public Hearing Ev Alderman Gutenberger: Seconded by Alderman Dennis I~ 1:SOLVED, That the Common Council hold a public hearing at a special J>:.:eting on January 2'5, 1978, at 7:30 p.m. in the Common Council Chambers, 1 ~!8 East Green Street, for the purpose of obtaining views of citizens on • ti1e proposed Community Development ~pplications prior to adoption of a 1 •. s·olution authorizing filing of the application (s). • Carried Unanimously C ·eation of the osition of De utv Police Chief B)i-Al erman Gutenberger: Se con e' y Al erman Boothroyd Rl'SOLVED, That triis Common Council hereby creates the position of Temporary Deputy Police Chief, said position to be included in the City Executive As sociation contract at Grade 5 ($15,447-$21 987) of the Compensation Pl an. Di scussion followed on the floor. ' 408 -8-December 7, 1977 Council recessed at 9:45 p.m. Ccuncil reconvened intc regul~r ses~ion at 10:00 p.m. CHARTER & ORDINANCE COMMITTEE: Alderman Nichols introducectthe following amendment to Local Law No. 3, 1970, seconded by Alderman Holman COMMISSION FOR CONSERVATION OF THE ENVIRONMENT--LOCAL LAW TO AMEND CHAPTER 106) WHICH WAS ORIGINALLY PASSED AS LOCAL LAW NUMBER THREE OF 1970 BE IT ORDAINED AND ENACTED BY The Common Council That Local Law Number · Three of 1970 entitled Chapter 106, Commission for Conservation of the Environment, is hereby amended as follows: - 1) That Section 106.3 M~~~ership shall read as follows: A. The Commission shall consist of fifteen (15) members, of whom six (6) shall be voting members appointed by the Mayor, subject to approval by the Common Council, and the remainder shall be ex-officio members as provid~d herein. All members shall be appointed for full terms of two years. Persons residing within the City of Ithaca who ar~ interested in the improvement and preservation of environmental quality shall be eligible for appointment as members of the Commission. All members of the Commission shall have reached their sixteenth birthday on the day that their appointment takes effect, and at least one voting member of the Corr@ission shall not have reached his or her twenty-second birthday. Vacancies on the commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of the term of office shall be filled only for the remainder of the unexpired term. 2) That the phrase (Conservation Advisory Council) shall be ad ci~d to the title, Commission for Conservation of the Environment, in the heading of Chapter 106 and in Section 106.2. These changes will be made by Local Law, and they are hereby in~ro- duced before the Common Council and laid upon the table for action a t a future meeting of the Common Council. Carried Unanimously - Trailbikes to be prohibited on city-owned streets, walkways, and parklinds B);-Alderman Nichols: Seconded by Alderman Bordoni _ _ WHEREAS, excessive noise and environmental damage are caused by the r1d1ng of motori~ed vehicles known as trailbikes in the parks, gorge trails, and other city-owned lands, NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby recommend to the City of Ithaca Board of Public Works that Section 241.9 of the Rules and Regulations of the Board of Public Works (Snowmobiles Pr ohibited) be amended to read Snowmobiles and any other unauthorized motorized vehicles Prohibited. • Discussion followed on the floor. A vote on the resolution resu1ted in the following: Carried Unanimously ; -t-"m <: ,., h; r h t-l, p r n mm i t tee '· has he en -9-December 7, 48f/l ~equest for direction from the Comnon Council concerning t~c two repre- sentatives to the Tom kins Countv Youth Bureau Board who will re resent the City o Ithaca Alderman Nichols commented that a list should be available to the Common Council so they will be aware of the city representation 6n the various committees: the requirements or provisions for appointments and resigna- tions, terms of office, membership, etc. • Noise Ordinance 1. Alderman Nichols reported progress is being made on the Noise Ordinance; ·she and Alderman Holman met with two people from the N.Y. State Department I of Environmental Conservation who strongly implied that the committee is """'-' working in the right direction. LO LO 0 <( <( <( L Notice that Ithaca Landmarks Preservation Commission has requested designa- tion of the Strand Theatre as an histori~ landmark Alderman Nichols commented that the Charter & Ordinance Committee would like to hear from any Council member who may have strong feelings concerning the designation of the Strand Theatre as an historic landmark. MAYOR'S APPOINTMENT: ~fompkins Countv Youth Bureau Board Mayor Conley ~xpressed the desiri to appoint Judge Betty Friedlander and D.::-tecti ve Gerald Tucker to the Tompkins County Youth Bureau Board as r~presentatives of the city. He reported he has asked Don Culligan to s;:ggest the name of someone living in the city who could represent the city a td also tie in the school system's youth and recreation efforts, in addition to contacting individuals in northside-southside areas. Finally, there would be appointment of a member-at-large. l scussion followed on the floor. solution -Alderman Boothroyd: Seconded by Alderman Bordoni SOLVED, That the Council approve the appointment of Judge Betty Fried- ,nder and Detective Gerald Tucker to the Tompkins County Youth Bureiu ~ard as representatives of the city with the provision that the Budget l 1ministration Committee recommend concerning the financial commitment tective Tucker for attending meetings while not on duty, and that Yl Conley contact the county and ask that Judge Friedlander's appnint- :nt come as something other than as city designee. LANNING & DEVELOPMENT COMMITTEE: :uth Hill School Annex Carried Unanimously CcTerman Meyer reported that the City Attorney feels there are certain egal aspects of the South Hill Annex negotiations, and after the Planning nd Development Committee meeting, the negotiating group got together and utlined a number of very logical reasons as to their consideration for ,he city obtaining that property. iscussion followed as to the intent of the original directive to the ommittee. Mayor Conley announced further discussion of the matter would be conducted in an executive session of the Council. HUMAN SERVICES COMMITTEE: ~.1.!I_S?.ke and He_at_ ~Detectors 410 -10-December 7, 1977 J~pl_ication for Division of Youth funds By Alderman Boothroyd: Seconded by Alderman Saccucci Th(~ Ithaca Youth H11rP;:;11 in rnn;1r->r;:i-tinp wit-h the 'T'rJmpkin.s County Probatio~ Department is applying, through the Tompkins County Youth Bureau, for Division for Youth funds in the amount of $19,446.00, which will be used in a Probation E~ployment Program. If approved between 6-12 youth who have been in trouble with the law will be placed in either public or private work sites and will be paid out of program funds. This program will allow for the employment of hard to place youngsters who under ordinary circumstances would have difficulty making work I adjustments. The program is an experimental attempt at guiding young people back into the mainstream of community life, • The following resolution will authorize the Youth Bureau to make appli- cation for funds and enter into an agreement with the Tompkins County Probation Department and Tompkins County Youth Bureau for assistance in operating the program and receiving the funds from the New York State Division for Youth, All program expenses for this program are 100% reimburseable up to $19,466.00. The proposed budget will not exceed $19,446.00. - BE IT RESOLVED; That the Mayor is authorized to sign the Local Assistance Countercyclical Employment program application and that the Youth Bureau, upon approval of the application by the New York State Division for Youth. be authorized to enter into an agreement with the Tompkins County Youth Bureau and Tompkins County Probation Department so that funding may be channeled through the Tompkins County Youth Bureau. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Fire Coordinators contract with the County ATcferrnan Dennis reported that F·ire Ch.ier-Weaver indicated to him that it would not be worthwhile at this time to renegotiate that particular contract for any increase in the county's share. Town of Ithaca Fire Contract Ald.e1-:1nan Derims rep .. orted that Fire Chief Weaver indicated he is satisfied with the present contract with the Town of Ithaca. ENVIRONMENTAL CO~fi\HSSION: lC(de .. 17manHo-lman reported on the commission's work on bikeways and their intention of reviewing permits with the Planning Department. RT:PORTS OF SPECIAL COMMITTEES: Oiban Renewal Agency i\Jderman Dennis·-presented a progress report on the Urban Renewal Agency development of the Ithaca Center. UNFINISHED AND MISCELLANEOUS BUSINESS: Request for School Crossing Gua_Td ATcfe-r111an Saccucci presented a vet it ion from several parents residing in the vicinity of Central School for a school crossing guard at the corner of Plain and Buffalo Streets, - M::1vnr !~nn l PV ::iskecl Aldennan Saccucci to direct the petition to the Police! December 7, ~11 Resolution ~~ Alderman Saccucci: Seconded by Alderman Slattery RESOLVED, That the possibility of covering the open portion of the helix on the Green Street Parking Ramp to encourage more people.to shop downtown be referred to the Board of Public Works. Carried Unanimously NEW BUSINESS: Exc:cutive Session LI Mayor Conley asked for a vote on an Executive Session to discuss the ,South Bill School Annex which resulted as follows: • Ayes (8) -Meyer, Dennis, Gutenberger, Holman, Boronkay, Nichols, LI) LI) 0 <C <C <C u Slattery, Saccucci Nays (2) -Bordoni, Boothroyd Carried ADJ()lJRNMENT: Counc1-l adjourned into Executive Session at 11: 03 p. m. to discuss the South Hill School Annex. council adjourned from Executive Session at 11:25 p.m. COMMON COUNCTL PROCliLDlNGS City of Ithaca, New York 413 7:30 P.M. December 28, 1977 PRESENT: M<:~yor -Conley Aldermen (7) -Boronkay, Dennis, Gutenberger, Meyer, Nichols, Saccucci, Slattery LJ;~f}~~:;~n (3) -Boothroyd, Dordoni, Holman c;HERS PRESENT: LO LO 0 <X <X <X u t • i:-;-Cont r o 11 e r -D a 1 e y c·ry Engineer -Cox ~e Chief -Weaver ~ector, Planning & Development -Van Cort l<ling Commissioner -Hoard t. Supt. of Public Works -Dougherty t. of Public Works -Dingman nning Consultant -MacDougall v Attorney -Shapiro y Clerk -Rundle CGE OF ALLEGIANCE: ·or Conley led all present 1n the Pledge of Allegiance to the American 1.g. '!.JTES: -:-\lcle-rman Dennis: Seconded by Alderman Slattery OLVED, That the Minutes of the December 7, 197'7 meeting be approved recorded by the City Clerk. Carried Unanimously !SONS APPEARING BEFORE THE COUNCIL: ,:; ts and improvements to softbal 1 fie 1 ds in Cass Park -Marshall Sidle, 211 W. Lincoln Street, addressed the Council concerning hts and better field conditions at Cass Park. He said representatives the softball league had numerous discussions with the city and the Youth ~eau in the summer in respect to this and they were led to believe that is would be put through this year. ~ league has raised $6,000 toward this; another $12,000 worth of labor ; been donat8d by the electrician's union; and the league expects to raise ~inimum of $2,000 this year, all of which they are willing to donate to ~ city £or this project . . Sidle said in the past the league has allocated money and nothing has en done with it. How~ver, now they have new people and ·are trying to get cse lights for the city. He said he has been designated commissioner for mpkins, Tioga and ScJ1uyler counties, which will allow the league to bring urnaments into the cjty which will produce revenue in and around the city. ie Women's Slow Pitch Tournament and th2 Men's Slow Pitch Tournament have ~n scheduled for 1978; in the future they can get regional tournaments , ich will lead up to national tournament::,. State tournaments br~_ng in 00-500 people, normally, for the entire weekend which will bring in revenue 0r the city. • • 414 December 28, 1977 He said Harry Evans, ,vho has been associated with the tournaments outside of Ithaca, can give more information concerning the State, regional an<l dist-:.·i:::t tourn2.ments. lie s;_1id the 1erwue Hncl Stmt. Dingman have conducted a lot of study concerning mixture for rhe field,· lights, etc. BUDGET AND ADMINISTRATION COMMITTEE: ~\cloption of 1978 City _o_T_1_thaca Tentative Budget By Alderman Gutenberger: Seconded hy Alderman Dennis RESOLVED, That the City of Ithaci Tentative Budget for 1978 in the total amount of $11,290,060 be approved, and BE IT FURTHER RESOLVED, That the following sections of the 1978 Tentative r City Budget be approved: I (a) (b) (c) (d) (e) (f) (g) (h) (i) ( . ). ,J (k) General Fund Appropriations Revenue Sharing Fund Appropriations Water Fund Appropriatjons Sewer Fund Appropriations Debt Retirement Schedule Capital Budget Schedule of Salaries and Positions -General Fund Schedule of Salaries and Positions -Water and Sewer Funds Authorized Equipment Purchases -General Fund· Authorized Equipment Purchases Water Fund Authorized Equipment Purchases -Sewer Fund Amendment to the Resolution lsy Alderman Saccucci: Scco-nded by Alderman Nichols RESOLVED, That the ~apital project, Cass Park Softball Fields & Tennis Court Lighting, be increased by $61,000, which will permit th~ work to be done in the corning year (on the sciftball fields). • Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) -Nichols, Gutenberger) Boronkay, Saccucci Nays (3) -Meyer, Dennis, Slattery Carried Controller Daley reviewed the 1978 Budget Highlights as follows: l. OFFTCE FURNITURE AND EQUIP:MENT -(aT Concen-trate on refurbishing one or two offices each y~ar (Super- intendent's and Deputy City Clerk's). l L (b) Utilize all existing furniture and equipment (6 chairs in Mayor's Conference Room to Finance Department for clerical chairs; re•· uests for lG tables -use tables which are used for election). 2. FIXED ASSET INVENTORY & ESTABLISHING VALUES ·(a-f-·s1:ate---11~iincC=iT"c-cr 1-;iogram effective l··l-78; consultant's cst5matcd cost -$20,000. 3. CENTRALIZED PERSOi'lNEL l)EFARTMENT Tal-·New--p-osition creareJ" in the Finance Department budget; appropri- ation for 2/3 annual s~lary of $15,500. 4 . STUDY OF TIIE DE PA rr1 :-lENT OF PUBLIC WORKS 1~1J~~-;rz-, s-()tf a1)p1~-0i)_r.Lif:ca-for a. Study by Spanier As5ociates. U1 U1 0 <( <( <( 7 ,· C:l:'1'1\ WORKFRS (a) llircd·13 CETJ\ workers (one in Civil Service, one in PL1nning nncl eleven :in the Youth Bureau). (b) One hundred percent rcimliursahlc 8. .UN U lP LOY!--il:tfr INS U P./\t,:C E Ta)-Cfty, rnust~pai:-crc·T1late 111 unemployment payments effective 1-1-78 (estimate $50,000). SPCA CONTR/\CT (a) Origin:11-rcqucst for $26,417 fur· existing services inc:ce;3c:;d to $31,767 for one extra person covering an additional 40 hours. CAPITAL PROJECTS Eliminated Cass Park Rink and Lobby Expansion -$10,000; $12,000 in Account. Bikeway System -$5,000; $5,000 in Account. Elmira Road Improvements -$200,000; adequate money available. Stewart Park Water Quality Study -$10,000; need questionable. Park Reserve -$20,000; $10,000 plus balance in Account. Reduced Cass Park Softball Fields & Tennis Court Lighting -$95,000; reduced to $10,000 for more definitive information and possibility of 50% grant from BOR. Peripheral Streets Improvement -$475,000; reduced to $275,000 which is a<lequate for 1978 construction. Present Account B~lance -$338,141.23. Collegetmrn Improvements -$250,000; reduced to $150,000 which is adequate.for 1978 construction. Architect hired. Every effort was made to stabilize the tax rate at $20/$1,000. ·or Conley expressed thanks to the Budget and Administration Committee .-the work they had put into the budget. He commented that if tl-ie city going to continue to work toward the $20/$1,000 tax rate f6r the 1979 lgct, the commit tee is going to have to start working right after tl1E, st of the year to look for ways tb save money and cut costs. The city s been utilizing surpluses and the surpluses have been dwindling; thcre- ·c it will be necessary to make sorne very 11::ird decisions. flopefµl]y~ Spc1nier study, work with the Police and other critical departments in e city can be done during the year so that next year the·budget process 11 be easier. • • Jerman Gutenberger commented that Budget and Administration Co~mittee ·3 not reviewed the Water and Sewer Budgets. ter further discussion, the question of the adoption of the foregoing ,solution was duly put to a vote tin roll call, which resulted as follows: Gutenberger Saccucci Nichols Boronkay Ayes - 7 Nays -O Aye Aye Aye Aye Dennis Meyer Slattery Absent 3 -Boothroyd, Bordoni, Holman Aye Aye Aye Carried Unanimously 416 -4 -December 28, 1977 Administrative Secretary (May or's Office) Adr,~_i_;1.istrative SccretaTy (Police Chief's Office) Adm inis trative Secretary (Supt. of Public Work s Office) Ad~inis trative Secretary (Planning Office) Adminis trative Secretary (Bu i lding Commissioner's Office) Administrative Secretary (Youth Bureau Office) Golf Course Manager Civil Service Secretary Police Chief Fire Chief Supt. oi Public Works City Controller 19 77 Salary plus 6% 1977 Salary plus 6% 1977 Salary plus 6% Non-Union Comp e nsation Non-Union Compensation Non-Ure ion Compe nsation Nori"-Union Compensat i on 1'1011-Union Compensation Non-Union Comp ensation Non-Union Compensation Non --Union Compe nsation !\On-Union Compensation Plan Step 7 Plan Step 8 Plan Step 3 Plan Step 6 Plan Step 6 Plan Step 5 Plan Step 0 ., Plan Step 9 Plan Step 9 BE IT FURTHER RESOLVED, That these employees have the same benefits as set forth in the City Executive Assoc iation contract adopted July 28, 1976. AND BE IT FURTHER RESOLVED, That the 1978 Exe cuti ve Union Compe nsation Plan be amended to chang:;:) the Building Commissioner 's compensation from Grade 2, Step VII to Grade 4, Step IV. Discussi0 ~ followe d on the floor. The ½Ue s on of the adoption of the foregoing re solution was duly put to a vote :11 roll cal I, 111hicli resulted as follows: • (~.,,+,j,•n1,npoo-r •. ., ...... ._,_ ,., .,, ,., J._ "-s.....,,. '.;.-::,::1: ~;cci rJi.c :1c)ls Bo :conkay J\)res -7 i\'ays -0 ,1 ur.> , 'J ~ Aye Aye /\ye Dennis Meyer Slattery Ah=ent 3 ~ Bcot hroyd , Bc r dont, Holm<1n [; !. 1 ! J 1 /\ l~ di t Aye Aye Aye Ca rried Unanimously rr ,: ~ -- ;;y ;'\)d,-, n,ian Gutnn bcTger: Seconded hy J\L.1crm,m Boronkay RESJLVL D, Tl1at the bi.lls auditF:d aPd approved by the Budget and Admini stra- t' 0:1 Commi tt'?C in the tot,11 .1 rnnunt of S?0,601 .86 as 1isted on Audit Ab stract #13/1977 be approved for payment. Ca r r ied Unanimously A::!r~ndmcnt to Pe r sonnel I:::..ostc r for Pi.ann ing and Devc}oprr-:e nt Department b}' ?~1~\0h11 iiri -ti(i i:'c:J11)(~-l~~c:c··r··:·-;;c·cond ~d h\ .:\:dc:rman l),,;~inis -• ---- ">':•._·,·, '·,•'1' .. ,·,t,), 'f'_'-,-•-··'-"'\ •• _,,.·r ~,,n•---~1 ,--,(•tc-~ ,-nr ·rl~r l'l''"'''"'1":' cr'U Dcve101)111ent l, 1 , , 1 l t l a. L '---11 i.;:,; 1. 1 , .., .t .. ) \.. 1 . .t .!. \ .. , .1.. l. \.j ~) .L ..J.._ u t.. J , ....... .:. -~ .. , ... 1 , .t.. H o . .LI. Ue r meTJ t be amen ded -co i nclude a part-time s ecret ary . Discu s s ion £allowed on the f loor. Can·ied Unanimously / I l'-' ·11r!:l;J:Hllff, Br: JT JZJ:SC:!.\'!:li, Th:1t thi:; Ccrn:,:un Council app1u\1c::-; the .:,,:?,c ,.i1· ,i\,:~c::.:;111i.nt Cur 202 Ce;11cr Street t.Jx map /!80-11·11 rrom 0~~1 1~U t(, $S.,1_·,,-,s, a111..l : ff 1:u1n·111J< 1n::-;01,vr.u, 'flu1t the C:ity Ch:1,nhcrlain he ;iuthcrizcd nnd directed ) ·'.cf,.md ~:tU\.:i() to rcnrncy /\in:,Jcc, 20:2 Center Street, foe C>'!CT[Jt,yme:nt of Carr .iccl Unanimo;_1~;J.y cso1 n-' J ,-,n :':~1-·: .. 'fr~;·-.r~·----~:~-.rl ~J :i_ cl;o 1 :~:. : Se c on d c cl by 1\ 1 d c rm ;m D c n ll i s i:r>vj LO 0 ;<( ~ (c::t, he 1, Per.' 1 for C:o,r: .. the:: C:-F;:; v ... ;----l (U> t. . ,. to t: head the of 19/U cn1:i.tlcd Ch:1pter 1(16, C:ommis:~ion for Conservation of t11e n.rn2r1t, is l1crcby· ~;rnenclc,t ~i:~) fol101•;1s: read as follows: Commission shall consist of fifteen (15) members, cf wl1ora s1x (6) 1; ,_, v a t i n g m (~ r,1 h c rs a p v o i n t e d by th e M ~1 yo r , s u b j c c t t o a r p r u v a 1 by U1 c Council, and the remainder shall be c:-~-off:icio mr-:,rnbcrs as providcJ All member~ shall be appointed for full terms of two years. resldn,i; ,:itl1in the City of Ithaca who arc :i 11tcrcstcd in the nt and p,·csc1v::;tion of cnv~rornnental quality shall be eligibJ.c ointr1cnt as n1cn;_1Je··t·s of t11e Co!!1111ission~ /\11. ri1ern1Jsrs o.f tl1e ion sh;_111 }1a\re 1--eac'I1c~(l tl1cjr s:ixteen.·~:b t,i·.rt:hdl-;:,,r 011 tj1c day· that ;,!)ointment tz11(es cf£cct, anC:l :it least ,···c voting rnemLer of the ,i,:.;n sha.11 not h:r,:c reached 11:is or her , ntv-sccond birthdav. t'•~; on tl1e conmissicn shalJ be filled i• he· same manner as the ;J apJ•ointment, except that a V3canc-y oc :rring other than 1Jy the rion o ;· tLc term of office shall be filled only for the rem2.in<ler tJ-n_CXf) i reel tern1. That the phrase (Conscrvati: 'l Adv1sory Counc1 ·;) sh:=i11 be ?ddcd title, Co~missian for Cunscrvution of the Environment, in the of Chapter 106 and in Section 106.2. This Local Law shall take effect immediately after filing iI:. ice of Secretary of State. Carried Unanimously • ADJCl On a meeting 2djourned at 9:40 p.m. I\ fi