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HomeMy WebLinkAboutMN-CC-1969 33 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK POSTPONED REGULAR MEETING 7:30 p.m. January 8, 1969 PRESENT: Mayor - Kiely Aldermen (13) Sullivan, Saccucci, Slattery, Holland, Anderson, Rundle, Spano, Nordheimer, Stallman, Jones, Boronkay, Tolles, Feldt ABSENT: Alderman Bangs OTHERS PRESENT: Attorney - Barrett Supt. of Public Works - Dingman Chief of Police - VanOstrand Building Commissioner - VanMarter Planning Bd. Chairman - Schmidt Youth Bureau Director - Cutia Kember of Greater Controller - Russell . Ithaca Regional Plan. Bd. - Mrs. Jean Angell Chamberlain - Wright Members of Mayor's Citizen Clerk-Blean Adv. Com. - Frank C. Baldwin, Arthur H. Watkins Deputy Clerk - Grey Planning Director - Kasprzak All present stood and were led by the Mayor in a pledge of allegiance to the American F1qg and, at his request, remained standing for a moment in silent prayer. MINUTES:Minutes of the last regular meeting and the special meetings held on December 11 and December 18, 1968, as recorded by the Clerk, were approved. J. GORMLY MILLER: By Alderman Tolles: Seconded by Alderman Stallman C3 WHEREAS, J. Gormly Miller has served the City of Ithaca as an Alderman for the Sixth Ward from January 1, 1960 to December 31, 1963, as a member of the Ithaca Civil Service Commis4ion from December 4, 1963 to January 1, 1968, and has just completed a one-year term from January 1, 1968 to December 31, 1968, as an Alderman for the Sixth Ward, and WHEREAS, while serving as an Alderman he has been an active member of the Council's Finanpe Committee, its Charter & Ordinance Committee, and its Employees' Relations Committee, and in addition has served, during 1968,as a member and chairman of the City's Charter Revisipn Commission, and WHEREAS, it is the sense of this Council that he has given unstintingly of his time and efforts to help solve all City matters ceasing to his attention, NOW THEREFORE BE IT RESOLVED, that the Common Council does hereby express its formal and sincere thanks to Gormly for his civic services as an Alderman, ,his constant awareness of nunicipal problems, and his efforts to help solve them I for the good of the general public and the citizens of the City of Ithaca, and BE IT FURVER RESOLVED, that a copy of this resolution-be spread upon the minutes of this meeting .and:that a copy thereof be presented to Gormly.. Unanimously carried. Alderman Miller was present and thanked his fellow aldermen for their sentiments containe� in the foregoing resolution. He then escorted Alderman Richard Boronkay, his successor, to his de6k-where he was seated for the balance of the proceedings. Mayor Kiely welcomed Mr. Boronkay as a new member of the Council. MAYOR'S STATE -OF THE CITY MESSAGE: Mayor Kiely presented and read a 23-page written report covering events that occured during the past year and his plans for the coming year. At :' the conclusion of his report he received a round of applause from the aldermen. (Clerk's note: A copy of the Mayor's message will be filed in the City Clerk's Permanent File #1175. ) MICHAEL LO PINTO-ACTING CITY JUDGE: Mayor Kiely announced his appointment of Michael V LoPinto to serve as Acting City Judge for a one-year term, ending December 31, 1969, and requested approval thereof. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Mayor's appointment of Michael LoPinto as Acting City Judge for a term of one year, ending December 31, 1969, be approved and confirmed. Carried. ROBERT R. COLBERT-COMM. OF PUBLIC WORKS: Mayor Kiely announced his appointment of Robert R. Colbert to serve as a member of the Board of Public Works for a six-year term, ending December 31, 1974, and requested approval thereof. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that the Mayor's appointment of Robert R. Colbert as a Commissioner of Public Works for a six-year term, ending December 31, 1974, be approved and confirmed. Carried. I e)4 -2- January 8, 1969 CLARENCE W. BAILEY-ASSOCIATE ASSESSOR: Mayor Kiely announced his appointment of Clarence W. Bailey to serve as an Associate Assessor for a one-,year term ending December 31, 1969. He explained that the regular term for this office would have been three years normally, but that with the anticipation that the City's assessing function would be done by Tompkins County under its new Charter, effective January 1, 1970, he was making a one-year appoint- ment only in this particular case. By Alderman Stallman: seconded by Alderman Jones RESOLVED, that the Mayor's appointment of Clarence W. Bailey as an Associate Assessor fob a one-year term, ending December 31, 1969, be approved and confirmed, Carried. WM. F. SCHMIDT ) MEMBERS OF GREATER ITHACA MRS. JEAN ANGELL ) REGIONAL PLANNING BOARD: Mayor Kiely announced his appointment of Wm. F. Schmidt and Mrs . Jean Angell to succeed themselves as members of the.Gre ater Ithaca,, Regional Planning Board for a term of three years each, ending December 31, 1971, and requested approval thereof. By Alderman Spano: seconded by Alderman Jones RESOLVED, that the Mayor's appointment of Wm. F. Schmidt as a member of the Greater Ithaca. Regional Planning Board for a three-year term, ending December 31, 1971, be approved and' confirmed. Carried. By Alderman Holland: seconded by Alderman Nordheimer RESOLVED, that the Mayor's appointment of Mrs. Jean Angell as a member of the Greater Ithaca Regional Planning Board for a three-year term, ending December 31, 1971, be approved and confirmed. Carried. HENRY W. RAPPEL-EX. BD. OF ELECTRICIANS: Mayor Kiely announced his appointment of Henry. W. Happel to succeed himself as a member of the Examining Board of Electricians for a term of three years, ending December 31, 1971, and requested approval thereof. By Alderman Sullivan: seconded by Alderman Stallman RESOLVED, that the Mayor's appointment of Henry W. Happel as a member of the Examining Board of Electricians for a three-year terra, ending December 31, 1971, be approved and confirmed. Carried. THOMAS G. MILLER-BD. OF APPEALS ON BUILDING CODE: Mayor Kiely announced his appointment of Thomas G. Miller to succeed himself as a member of the Board of Appeals on Building Cqde for a three-year term, ending December 31, 1971, and requested approval thereof. By Alderman Spano: seconded by Alderman Jones RESOLVED, that the Mayor's appointment of Thomas G. Miller as a member of the Board of Appeals on the Building Code for a three-year term, ending December 31, 1971, be approved: and confirmed. Carried. 1 OTHER APPOINTMENTS: Mayor Kiely then announced several other of his appointments which did not require approval, as follows: City Prosecutor - Henry Theisen 1 year ending 12-31-69 Police Commissioner - Louis Withiam 3 If It 12-31-71 Planning Bd. Member - Wm. F. Schmidt 3 It It 12-31-71 Exam. Bd. of Plumbers - DeForest Furman 3 " to 12-31-71 Board of Zoning Appeals - Ralph P. Baldini 3 If 12-31-71 It it - Frank S. Alo 3 " it 12-31-71 Housing Board of Review - Rev.Sheldon B. Stephenson-3 years ending 12-31-71 Compensation Plan Advisory Com, - Charles M. Weaver -) to it It - Robt. 0. Dingman -)1 year If 12-31-69 it " - John L. Russell -) " " - Geo. A. Blean ) Alternates It If If - Vincent P. Hannan ) Youth Bureau Advisory Council - Paul Kilby - 3 years ending 12-31-71 It " it - Isadore Yavits - 3 " 12-31-71 " IT " - Mrs. Sally Carpenter - 3 " 12-31-71 " If - Fred Hartsock - 2 12-31-70 " it - Mrs. Martha Naylor - 1 " " 12-31-69 Mayor's Citizens Advisory Ccmmittee (1 year terms ending December 31, 1969): Douglas Brown Richard Hirlemann Leonard Snow Jean Angell John Carpenter Alvin Knepper Myron Stanton Vaughn Behn Howard Cogan Richard Locke Thos. Turner s Robert Baker Richard Comstock Thomas Mackesey John Ware t Frank Baldwin Rebecca Cunningham Joseph Moresco Arthur Watkins Roger Bardwell Richard Durant Martha Naylor A. W. Wilhelm ; Paul Baron Verne Fogg William B. Norton Oliver Winston ` Waldo Blackman Vincent Giordano Anthony Petrillose Daniel Yale Dorothy Boothroyd John Graves Cecil Shulman Stephen Zahorian I 135 - 3 - January 8, 1969 ACTING MAYOR: It was moved by Alderman Feldt and seconded by Alderman Slattery that v Alderman Tolles be nominated for the position of Acting Mayor for the year 1969. It was moved by Alderman Saccucci and seconded by Alderman Jones that AldermanStallman be nominated. By Alderman Spano: seconded by Alderman Rundle RESOLVED; that the nominations for Acting Mayor be closed. Carried. At the direction of Mayor Kiely the Clerk polled the aldermen by secret ballot, which resulted in seven votes being cast for Alderman Stallman and six votes cast for Alder- man Tolles. Mayor Kiely declared Alderman Stallman duly appointed Acting Mayor for the ensuing ,year and congratulated him on his appointment. ALTERNATE ACTING MAYOR: Mayor Kiely called attention to action taken during 1968 to prgVide for the appointment of an Alternate Acting Mayor. It was moved by Alderman Stallman and seconded by Alderman Boronkay that Alderman Jones be nominated for the position. It V was moved by Alderman Feldt and seconded by Alderman Slattery that Alderman Tolles be nominated. By Alderman Spano: seconded by Alderman Rundle RESOLVED, that the nominations for Alternate Acting Mayor be closed. Carried. The Clerk polled the aldermen again by secret ballot which resulted in seven votes being cast for Alderman Jones and six votes being cast for Alderman Tolles. Mayor Kiely. declared Alderman Jones duly appointed Alternate Acting Mayor for the ensuing year and congratulated her on her appointment. OFFICIAL NEWSPAPER: By Alderman Tolles: seconded by Alderman Jones RESOLVED, that pursuant to Sec. 8-40 of the City Charter, as codified, the ITHACA JOURNAL be and it hereby is designated as the official newspaper of the City of Ithaca. Carried. DEPOSITORIES: By Alderman Stallman: seconded by Alderman Anderson RESOLVED, that pursuant to Sec. 3-6 of the City Charter, as codified, the Tompkins County Trust Company and the First National Bank & Trust Company be and they hereby are designaPd as the official depositories for all City funds for the ensuing year, as follows: TOMPKINS COUNTY TRUST COMPANY City of Ithaca General Fund Buffalo St.Sewer Const. Fund City of Ithaca, Payroll Fund Columbia St. Sewer Const. Fund . Capital Res . Fund # 3-Paving; Wait Ave. Sewer Const. Fund 4-Bridges R Gar �P age 9-Gen. Municipal West Hill Park Development Properties & Bldg. Emp. Withholding for Social Security 11-Parks & Recr. Area Cont. Fund 12-Flood Control E mp. Group Insurance Deductions 14-Parking Areas Emp. N.Y.S Withholding Tax " 15-Fire Engine Replace. Emp. U.S. Savings Bonds 16-Devlop. of Water Sources Guarantee & Bid Deposits " 17-Sewer Construction City Tax Sale Redemption 18-Municipal Garage Deposits on Water Meters If " " 20-West Hill Water Develop. Stewart Park " " ". 22-Bus Replacement Zoo Project Arterial Highway Fund Swimming Pool Ithaca Rd.& Dryden Rd. Const. Fund Floral Ave. Prop. Acquisition Fund Fourth St. Sewer Const. Fund Proceeds from Bond Sales Urban Renewal Traffic Loop Const. Fund Firemen's Relief Fund (Time Account) Vinegar Hill Pump Station Const. Fund Vet. Vol. Firemen's Assn. (Time acct. ) Giles St. & Univ. Ave. Sewer Const. Fund Cemetery Fund (Time Account) Retaining Walls Const. Fund M. C. Hillick Mem. Fund (Time Acct. ) No. 9 Fire Station Const. Fund Storms Cemetery Fund (Time Account) W. Green St. Traffic Lights Const, Fund Holmes-Stamp Cemetery Fund (Time Acct.) Storm Sewers Const. Fund ' Creek Walls Renewal Const. Fund FIRST NATIONAL BANK & TRUST COMPANY City of Ithaca, Water & Sewer Fund Other Water Lines Const. Fund Public Safety Bldg, Const. Fund Tioga St. Sewer Const. Fund Water Tanks Const. Fund Taylor Place Ext. Const. Fund Sludge Dryer & B1dg.Const. Fund Cascadilla St. Water Main Replacement VanN atta Pumping Sta. Const. Fund Cayuga Inlet Park Const. Fund Park Road Const. Fund Other Sewer Lines Const. Fund. Urban Renewal Block 204 Chestnut St. Sewer Const. Fund Police Headquarters Bldg. Firemen's Relief Fund West Hill Water & Sewer Develop. Const. Fund Carried. 136 -4- January 8, 1969 V COLLATERAL TO SECURE DEPOSITS: The Clerk reported that under present agreements Tompkins County Trust Company is required to deposit $460,000.00 in approved collateral to secure deposits, and that First National Bank & Trust Company is required to deposit $200,000.00 for like purpose. He advised, that under escrow agreements with both banks, there is now on deposit with the Chase Manhattan Bank of New York the sum of $460,000.00 in U. S. Treasury Bonds to secure deposits in the Tompkins County Trust Company and $200,000.00 to secure deposits in the First National Bank & Trust Company. The Controller recommended approval of such collateral. By Alderman Stallman: seconded by Alderman Spano RESOLVED, that the collateral deposited by the Tompkins County Trust Company and the First National Bank & Trust Canpany, as reported by the City Clerk and recommended by the City Controller, be approved as to form and sufficiency. Carried. ` PUBLIC OFFICIALS'BONDS: By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that pursuant to the provisions of Sec. 8-4 of the City Charter, as codified, and Sec. 11 of the Public Officers' Law, the following bonds which are on file in the office of the City Clerk be and hereby are approved in all respects for the year 1969: Name Title Amount Bond No. John D. Wright City Chamberlain 50,000,00 G�+8 174 Globe Indem. Co. James J. Clynes, Jr. City Judge 4,000.00 G-438528 if '1 Faithful Performance Bond All City Employees 100,000.00 G-438529 if 1t '� Carried. MEETINGS: The Clerk suggested that action be taken to establish the time and place of regular meetings of the Council for the ensuing year. He read a letter from WICB-TV Station at Ithaca College offering to televise meetings of the Council during the College's next semester which would include the meetings to be held in February, March and April. He then read a letter from Jon Levy, Ex. Vice President of the Chamber of Commerce, urging tho Council to continue its regular meetings on television. Aldermen Sullivan, Holland, Nordheimer and Feldt spoke in favor while Aldermen Stallman, Jones, Boronkay and Rundle offered arguments in opposition.. By Alderman Nordheimer: seconded by Alderman Holland RESOLVED, that regular meetings of the Common Council for the year 1969 shall be held on the first Wednesday of each month at 7:30 p.m. in the Common Council Chamber at City Hall, 108 E. Green Street, with the exception of the months of February, March and April when the meetings shall be held at the Performing Arts Center at Ithaca College at its new Sout� Hill Campus for the purpose of their being televised. By Alderman Rundle: seconded by Alderman Stallman RESOLVED, that the foregoing resolution be amended to provide that the regular meetings be held in the Council Chamber with the exception of the months of March and November which shall be held at the Performaing Arts Center at Ithaca College for the purpose of their being televised. Upon advice of the City Attorney and Clerk, Mayor Kiely ruled that the amendment was improper and, after some further discussion, the motion was withdrawn. A secret ballot on the original motion vas requested and Mayor Kiely directed the Clerk to poll the aldermen accordingly. It resulted in seven negative and six affirmative votes. Mayor Kiely then declared the motion defeated. Motion Defeated. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that regular meetings of the Common Council for the year 1969 shall be held on tr e first Wednesday of each month at 7:30 p.m. in Common Council Chamber at City Hall, 108 E. Green Street, with the exception of the month of March 1969 when the meeting shall be held at the Performing Arts Center at Ithaca College for the purpose of its being televised. Mayor Kiely recommended that the motion include a provision that the Council reserve the right to change the place or places during the year as it may deem to be in its best interests. Alderman Rundle refused to include such a provision and a roll call was then taken on the motion which resulted as follows: AYES: 7 - Boronkay, Jones, Stallman, Spano, Rundle, Anderson, Saccucci NAYS: 6 - Feldt, Tolles, Nordheimer, Holland, Slattery, Sullivan Motion carried. BERT ROSENBLUM: Alderman Slattery introduced Bert Rosenblum., a member of the Ithaca Youth Council on Civic Affairs, who had been elected by this organization to attend Council meetings as its representative. Mr. Rosenblum spoke briefly and stated he would be attending future meetings as a liaison member between the Council and youth of the City and be reporting to the Council from time to time on matters of interest to the youth. T V CABLE FRANCHISE: Mayor Kiely reported he had received some complaints regarding television service in the City, all of which he had referred to Ceracche Television Corp. for answer. He then reported he had received copies of letters Mr. Ceracche had written in answer to various c anplaints and he felt that the matter had been resolved. Mr. Ceracche was present and assured members of the Council that he had done everything possible to answer all legitimate complaints brought to his attention to date and expected to continue to do so. t 137 -5- January 8, 1969 RECREATION STUDY: Wm. F. Schmidt, Chairman of the Planning Board, spoke briefly about q Recreation Study prepared by Egner & Neiderkorn Associates which had been accepted by the Planning Board and presented to the Council on December 4th for its approval. He introduced Mrs. Barbara Blanchard who reviewed the report in detail on behalf of Egner and Neiderkorn. By Alderman Jones: seconded by Alderman Spano RESOLVED, that the Council hereby accepts the report entitled "Recreation and Open Space Plan for the City of Ithaca" as prepared by Egner & Neiderkorn Associates, Inc. under date of October 1968 as an overall guideline regarding the future development of recreational areas throughout the City. Carried. SOUTH SIDE HOUSING PROJECT: Due to illness, Mrs . Esolen was unable to be present to review the South Side Housing Project survey. Mayor Kiely declared a ten-minute recess at 9:45 at the end of which time he reconvened the meeting. VETERAN VOLUNTEER FIREMEN'S ASSOCIATION REPORT: The Clerk read a letter from the Veterap Volunteeer Firemen's Association tendering a financial report of its operations for the year 1968. It indicated total gross receipts of $5,315.78 and gross disbursements of $4,741.51, leaving an unexpended balance of $574.27. It was received and ordered filed: CENTER STREET HOUSING PROJECT: The Clerk read a letter from Ithaca Housing Authority advising that its estimate of the annual amounts of payments in-lieu-of taxes it would make to the City for the Center Street turnkey housing project would be $1,296.00;, and o the annual amount of taxes which would be levied were the property privately owned would' be $13,358.40. This notification to the Local Authority is required by Sec. 402 of the Housing -Act, as amended. HOUSING AUTHORITY SALARY INCREASES: The Clerk read a letter from Ithaca Housing Authority requesting approval of salaries for the Authority's personnel for 1969 in accordance with its resolution No. 80 which indicated its employees were upgraded one grade, plus one increment in that grade and in addition to this be eligible for one additional merit increment each year thereafter. The Authority felt this was in accordance with provisions of the City's Compensation Plan, but Alderman Stallman disagreed. By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the Authority's request be referred to the Finance Committee for review and report. Carried. COLUMBIA STREET BRIDGE: The Clerk read a letter from Town House Associates, 127 West State Street, a developer of apartment structures in the vicinity of the Columbia Street bridge. It indicated a survey of whether its tenants in the area preferred a bridge for vehicular and pedestrian traffic or a bridge solely fcr pedestrian traffic at this location had been made with the results showing that the bridge for vehicular traffic on Giles Street is sufficient to meet the demancb of the travelling public and that there should not be such a bridge at Columbia Street. They felt a bridge for pedestrian traffic should be built at this location which at the same time could accommodate utility pipe lines . By Alderman Stallman: seconded by Alderman Jones RESOLVED, that the petition and recommendations be referred to the Finance Committee for further review in connection with its continuing study of this problem. Carried. ANNEXATION: The Clerk read a letter from Walter J. Wiggins, attorney for Ceracche Television Corporation, in which he stated his client owned approximately 100 acres of land located in the Town of Ithaca along the Mecklenburg Road and contiguous to the City. He advised his client was interested in having this property annexed to the City. The Clerk read another letter concerning annexation. It came from Allan H. Treman; attorney for Myron I . Hankin of Philadelphia, in which Mr. Treman stated his client owned about 70 acres of land in the Town of Ithaca along the Mecklenburg Road also. He advised his client wished his land annexed to the City if it could be zoned for apartments . By Alderman Nordheimer: seconded by Alderman Sullivan - RESOLVED, that these two requests for annexation be referred to the Planning Board and toe Charter & Ordinance Committee for study and report. Carried. AUDIT: By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $51,767.63, as listed on audit abstract #1-1969, be approved for payment. C arrie d. 138 -6- January 8, 1969 ASTRONAUTS' DINNER: Mayor Kiely advised he would attend a dinner in New York on Jan. 10, sponsored by Governor Rockefeller, to honor Col. Frank Borman, Capt. James A.Lovell, Jr, , and Lt. Col. William A. Anders, Apollo 8 Astronauts. He advised also that he would present each of the Astronauts with an Ithaca Featherweight Shotgun as gifts from Ithaca Gun Company to be given as presents from all of the citizens of Ithaca as an expression of appreciation for their recent successful trip to the Moon. By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the Mayor be authorized to extend an expression of appreciation of all the citizens of the City of Ithaca to the Astronauts. Carried. v PAYROLL RATING SHEETS: Controller Russell presented a payroll rating sheet for Depart- ment Heads and assistants for the year 1969 based upon a 4% cost-of-living increase and a 4% merit increment where eligible and he recommended its approval. By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the payroll rating sheet for Department Heads and Assistants for the year 1969 be approved in accordance with the attached schedule for inclusion in the 1969 Compensation Plan. Carried. The Controller then presented payroll rating sheets for both the Police Department and the Fire Department showing salaries for 1969 as agreed upon by their respective bargain- ing Agents and previously approved by the Council. By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the rating sheets for the Police Department and the Fire Department for the year 1969 be approved in accordance with the attached schedules for inclusion in the 1969 Compensation Plan. Carried. BIBBINS HALL: Alderman Sullivan reported that bids on renovation of Bibbins Hall as a Police and Court facility had been opened on January 6th and that the total of all low bids amounted to $201,596.00 which was within the Architect's estimate. He stated that by the next meeting of the Council the cost of furniture and equipment would be known at which time the Council could take action to agree upon final plans of financing. FALL CREEK ICE JAM: Alderman Spano inquired what steps were being taken to correct the flooding of basements in the Fall Creek section of the city caused by ice jains in Fall Creek. Supt. Dingman reviewed the current situation and advised that the City had crews working on a 24-hour basis pumping out basements where requested. As of 5:50 on this date less pumping had to be done although the situation still remained serious. State offici4ls had been requested to reduce the lake level and were doing so as fast as possible. ._ BUFFALO STREET RIGHTS-OF-WAY: Alderman Nordheimer recommended that a request of the Board of Public Works to purchase certain rights-of-way on West Buffalo Street be referred to the Planning Board and Finance Committee. Action on this request was therefore deferred at this time. NO. 9 FIRE STATION: Alderman Spano inquired if the City Attorney had determined whether or not a resolution adopted by the Council on December 7, 1966 regarding the future use of old No. 9 Fire Station was still binding. Attorney Barrett ruled that the resolution was valid when adopted, was not irrevocable , but should be rescinded if the Council decided to change its mind about the matter. YOUE BUREAU & RECREATION PROJECTS - 1969: By Alderman Slattery: seconded by Ald. Holland WHEREAS, the City of Ithaca is about to submit applications for the continuation of a Youth Bureau project and a Recreation project to the New York State Division of Youth fob+ its approval, and , if approved, to apply subsequently to the State of New York for partial reimbursement of funds, expended on said projects, as provided in Chapter 556 of the Laws of 1945 as amended, NOW THEREFORE BE IT RESOLVED, that both of said applications are approved in all respectg; and Jack Kiely, Mayor, is hereby authorized and directed to execute and present the said applications to the New York State Division for Youth for its approval, and BE IT FURTHER RESOLVED, that this resolution shall take effect on January 1, 1969. Carried. STANDARDIZATION OF PARKING METERS: Alderman Nordheimer reported that the Board of Publiq Works had intended to request the Council to authorize the standardization of parking meters before taking bids thereon for its annual needs for 1969, but that its meeting scheduled for today had to be postponed due to the lack of a quorum. WHEREAS, it is the recommendation of the P-oard of Public Works that the Park-O-Meter be standardized as the type of parking meter to be used in the City of Ithaca before advertising for bids thereon in such quantities as there are funds appropriated for that purpose in 1969, * By Alderman ''Tordheimer: seconded by Alderman Stallman 1969 COMPENSATION PLAN DEPARTMENT HEADS AND ASSISTANTS NAME POSITION 1968 Proposed 1969 Grade Step Salary Grade Step Salary Jack K. Kiely Mayor 8,000 8,000 Robert 0. Dingman Superintendent 52 2 16,630 53 3 17,987 �r Vincent P. Hannan Asst. Supt. 43 5 13,142 44 6 14,215 Jack Dougherty Asst. To Supt. 42 2 11,234 43 3 12,151 Howard Schlieder Engineer 45 1 12,151 46 2 13,142 C. Murray VanMarter Bldg. Comm. 38 1 9,234 39 2 9,987 Gergory Kasprzak Planning Dir. 41 1 10,387 43 2 11,683 Robert Cutia Youth Bur. Dir. 39 3 10,387 41 4 11,683 John L. Russell Controller 51 2 15,990 52 3 17,295 Geo. A. Blean City Clerk 39 7 12,151 40 7 12,637 Clo Calistri Assessor 38 5 10,802 39 6 11,683 John D. Wright Chamberlain 38 2 9,603 39 3 10,387 Herbert VanOstrand Police Chief 39 6 11,683 41 6 12,637 James Herson Dep. Pol. Chief 38 6 11,234 39 7 12,151 Charles Weaver Fire Chief 40 7 12,637 41 7 13,142 Martin Mikula Asst. Fire Chief 37 2 9,234 38 3 9,987 .Lawrence Beach Asst. Fire Chief 37 6 10,802 3$ 7 11,683 Edward Lynch Parks Supv. 34 6 9,603 36 7 10,802 Paul Fidler Str. & Sanit. Supv. 34 9 10,802 36 9 11,683 James J. Clynes City Judge 9,000 9,500 William C. Barrett City Attorney 7,500 7,500 Henry Theisen City Prosecutor 5,500 6,500 FIRE DEPARTMENT SALARY SCHEDULE - 1969 DATE OF INCREMENT NAME JOB TITLE EMPLOYMENT GRADE STEP 1969 SALARY Apgar, George Firefighter 6/10/63 30 4 7,589 Buckner, Francis 11 6/1/59 30 5 7,892 Beach, Laurence Asst. Chief 5/1/48 38 7 11,683 Bordoni, Camillo Firefighter 8/18/58 30 5 7,892 Brainard, Fred Lieutenant 9/16/58 34 2 8,208 Breen, Robert F. Firefighter Prov. 30 M 6,487 Casciotti, Philip " 1/1/58 30 5 7,892 Cooper, David R. " 10/31/66 30 1 6,746 Cynoski, David Jr. " 6/22/63 30 3 7,297 Daniels, Ray 11/1/54 30 6 81,208 Diemond, J. " Prov. 30 M 6,487 Durling, Ralph it 5/6/62 30 4 7,589 Emerick, C. if 5/16/61 30 5 7,892 Fairbanks,Thaddeus Lieutenant 6/16/52 34 6 9,603 Gainey, John J. Firefighter 12/3/51 30 6 8,208 Harper, G. 11/23/53 30 6 8,208 Heath, Charles W. if 6/18/65 30 2 7,016 Hughes, George W. 5/1/47 30 7 8,536 Johnson, Arthur '° 2/4/52 30 6 8,208 June, Donald 10/8/51 30 6 8,208 McFall, Robert F. " 6/16/58 30 5 7,892 Mente, Philip 3/4/59 30 5 7,892 Michener, R. " 2/11/58 30 5 7,892 Mikula,Martin S. Asst. Chief 9/19/55 38 3 9,987 Miller, Frank Firefighter 9/3/65 30 1 6,746 Moore, Donald " 6/18/65 30 2 7,016 Mosher, Charles 5/29/67 30 1 6,746 Neigh, Earl B. 5/14/62 30 4 7,589 Nivison, Lester M. Alarm Elec. 7/15/37 32 7 SS31 9.�3 Nyberg, Carl Firefighter 6/10/63 30 4 7,589 Oliver, Richard it 4/1/47 30 7 8,536 Olmstead, Edward It 9/11/67 30 1 6,746 Protts, Maurice it 11/6/50 30 7 8,536 Reeves, Phineas K. Lieutenant 10/1/55 34 3 8,536 Sanford, Gerald A. Firefighter 5/13/59 30 5 7,892 Sanford, Thomas D. " 5/2/66 30 1 6,746 Sharp, Edward 8/18/58 30 5 7,892 Stamp, Frank R. " 4/1/47 30 7 8,536 Todd, Frederick " 10/31/66 30 1 6,746 Tuckerman, Charles Lieutenant 5/1/60 34 3 8,536 Updike , Carl R. Firefighter 11/16/53 30 6 8,208 VanGorder, John if 10/23/67 30 1 6,746 VanOrman, W.Bernard if 5/9/67 30 1 6,746 Vliet, Douglas R. it 11/20/67 30 1 6,746 Weaver, Charles Chief 2/1/47 .41 7 13,142 Weaver, Stephen P. Firefighter 7/4/56 30 5 7,892 Wheaton, Raymond,Jr. " Prov. 30 M 6,487 Wilcox, Clinton R. 6/21/51 30 7 8,536 Wilkinson, Bexley " 4/1/47 30 7 8,536 Williams, A. " 12/1/62 30 4 7,589 Cook, Robert W. Acct.Clk-Typ. P/T 2.19/hr. 2,190 POLICE DEPARTMENT SALARY SCHEDULE - 1969 DATE OF INCREMENT NAME JOB TITLE EMPLOYMENT GRADE STEP 1969 SALARY Axtell, C. Patrolman 11/16/50 30 7 8,536 Belous, B. Sergeant 8/1/53 34 5 9,234 Bennett, G. Patrolman 12/2/68 30 M 6,487 Betts, J. 5/15/63 30 4 7,589 Brooks, E. 1/1/44 30 7 8,536 Brown, J. Sergeant 2/16/48 34 7 9,987 'Brown, K. Radio Techn. 6/7/49 29 7 8,208 Burin, W. Patrolman 12/1/64 30 1 6,746 Capozzi, J. 7/16/54 30 6 8,208 Carr, C. " 9/18/68 30 M 6,487 Carrier, F. 8/5/68 30 M 6,487 Casciotti, R. Captain 1/16/42 38 7 11,683 Cummings, H. Patrolman 8/16/45 30 7 8,536 Cummings, J. 3/10/49 30 7 8,536 1/26/47 30 7 8,536 Curry, A. Day, R. 2/16/48 30 7 8,536 ` Devlin, J. 8/16/61 30 4 7,589 Dockstader, Wm. " 1/1/63 30 4 7,589 Dolloway, C. " 12/1/59 30 5 7,892 Feller, J. Meter Service 6/7/49 29 7 8,208 Griffin, L. Patrolman 1/26/47 30 7 8,536 Grover, D. it 1/1/63 30 4 7,589 Herson, J. Deputy Chief 3/27/67 39 7 122151 Hubert, A. Patrolman 7/22/68 30 M 6,487 �:.nble, W. H it 12/2/66 30 1 6,746 Jamarusty, J. Sergeant 9/15/51 34 3 8,536 Johnson, H. Patrolman 5/21/46 30 7 8,536 Langerlon, B. if 3/26/68 30 1 6,746 Mikula., J. Sergeant 9/16/47 34 7 9,987 Norman, D. Patrolman 7/16/44 30 6 8,2rS Pagliaro, W. " 6/1/57 30 5 7,892 Parr, R. " 12/1/60 30 5 7,892 Price, R. Captain 5/1/47 38 7 11,683 Robertson, G. Patrolman 12/1/59 30 5 7,892 Robinson, E. 9/6/49 30 7 8,536 Rohrer, R. " 10/16/62 30 6 8,208 Scaglione, F. " 12/1/62 30 4 7,589 Scaglione, T. Sergeant 12/15/60 34 2 8,208 Smith, C. Patrolman 1/3/61 30 5 7,892 Spencer, R. 2/16/48 30 7 8,536 Tompkins, D. 4/6/49 30 7 8,536 Townsend, E. " 3/15/52 30 6 8,208 Traynor, E. 7/16/54 30 6 8,208 Tucker, G. " 12/1/64 30 2 7.0'r vanIdistine, W. Sergeant 6/1/62 34 1 7,892 VanOstran d, H. Chief 1/1/44 41 6 12,637 Wallenbeck, D. Sergeant 5/16/40 34 7 9,987 Weston, D. Patrolman 6/30/64 30 2 7,016 Emerson, Pauline Meter Checker 3/5/63 20 1 4,558 Shippos, Constance it " 3/2/68 20 1 4,558 Severtson, T. If " 12/2/68 20 M 4,382 School Crossing Guards 2.16/hr. 13 k) - 7 - January 8, 1969 WHEREAS, the price to be determined from such bids shall also determine the price to be paid for any and all such meters throughout the balance of 1969, and WHEREAS, it is deemed to be in the best interests of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons: 1. There are approximately 1200 parking meters currently being used on city streets and in municipal parking lots . 2. The investment in a stock of parts that will have to be maintained for servicing one standard type of meter will be less than if the city is required to service several different types of meters. 3. The expense of servicing one type of meter when compared with servicing_, several different types will be much less . NOW THEREFORE BE IT RESOLVED, that, pursuant to subdivision 5 of section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca, New York, hereby authorizes the standardization of Park-O-Meter as manufactured by the Rockwell Manufacturing Co. , as the type of parking meter to be used in the City of Ithaca; and that the Board of Public Works be authorized to advertise for bids thereon during 1969, and that said Board be authorized to include such limitation in its advertisement for bids thereon. AYES: 13 NAYS: 0 Carried. URBAN RENEWAL REPORT: Alderman Rundle reported the Urban Renewal Committee was meeting tomorrow with the Agency to hear from developers p given conditional preferred sponsorships for development of areas in the downtown area. On motion the meeting was adjourned at approximately 10:30 p.m.. Geo. A. Blear, City Clerk t Jack K. Kiely, Mayor 141 COMM COUNCIL PROCEEDTNCS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. February 5, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Sullivan, Saccucci , Slattery, Holland, Bangs, Rundle, Spano, Nordheimer, Stallman, Jones , Boronkay, Tolles, Feldt ABSENT: Alderman Anderson OTHERS PRESENT: Attorney - Barrett Controller - Russell Chief of Police - VanOstrand Clerk - Blean Planning Director - Kasprzak Deputy Clerk - Grey Supt. of Public Works - Dingman Assistant to Supt. - Dougherty Mayor Kiely welcomed Alderman Bangs on his return to his duties as an Alderman after his recent illness. Mr. Bangs indicated he was glad to be back. All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing for a moment in silent prayer. tp MINUTES: Minutes of the last regular meeting and the special meeting held on January 15, 1969 as recorded by the Clerk, were approved. MAYOR'S CITIZENS ADVISORY COMMITTEE REPORT: Frank C. Baldwin, Chairman of the Mayor's Citizens Advisory Committee, appeared before the Council and distributed reports on Beautification, Education, Narcotics , Codes and Code 'Enforcement, Youth & Employment, and Industrial Development. He explained they were the results of work done by graduate students of the School of Business & Public Ad*+inistration at Cornell University. He felt it was a worthwhile project and that the reports contained much information on matters of' interest to members of the Council. RETARDED CHILDREN: Mr. Vincent Giordano, President of the Tompkins County Chapter of the A.Y.S.Association for Retarded Children, Inc. appealed to the Council to appropriate $5,.500.00 to the Association for the year 1969 in order that it could continue its work q behalf of Retarded Children. He stated that the Association would receive matching funds from N.Y:S. Mental Health Association and without an appropriation from the City there would be no matching funds and therefore a total reduction in available resources of $11,000.00 By. Alderman Bangs: seconded by Alderman Saccucci RESOLVED, that the 1969 tentative budget be amended by including_ therein the sum of $5,500.00 as an appropriation to the Tompkins County Chanter of the N.Y.S. Ass'n. for Retarded Children. Motion carried. BUFFALO STREET RIGHTS-OF-WAY: Mr. John C.' Clynes appeared as spokesman for the West End L- Business Men's Association and urged the Council to take action without further delay to implement the plan of the Board of Public Works for the connection of West Buffalo with West State Street. Alderman Nordheimer felt the matter should be referred to the Planning Board because the Board of Public Works had requested the purchase of more property in the area than was actually needed to provide rights-of-way for street purposes . He felt the Council should know what the extra property would be used for. By Alderman Nordheimer: seconded by Alderman Job RESOLVED, that the plan and proposal of the Board of Public Works regarding this matter be referred to the Planning Board fbrstudy and recommendation. Moti on defeated. )By Alderman Suliivan:' seconded by Alderman Saccucci RESOLVED, that the -Council authorizes the City Attorney to negotiate for the purchase of property in the area to connect Buffalo with State as recommended by the Board of Public Works. Motion carried. SOUTH SIDE HOUSING SURVEY: Mrs. Marilyn Esolen , Director of the South Side Housing Survey, appeared before the Council to answer questions thereon. 'Fr'om the ensuing discugsion and answers some of the general conclusions reached were that the area was a strong, stable residential one inhabited by older people, most of whom. owned their homes and were interested in improving them if the means to do so were made available to them, that they were reluctant to do so because of their fears of Urban Renewal, zoning variances granted to permit .commerical. developments, and the propsect of higher taxes . The survey also indicated the lack of parks and recreational areas. Mrs. Esolen recommended consideration of a DEPARTMENT OF PUBLIC WORKS - GENERAL FUND Salary Schedule - 1969 Date of Hourly Name Job Title Employment Grade Step Cents Salary Rate Adesso, L. Golf Course Mgr. 5/4/36 14 7 + 2 4,930 Albertsman, P. Auto Mechanic 5/22/67 28 1 + 24 3.24 Allen, P. Laborer 11/15/67 21 M + 24 2.43 Applegarth, R. Bus Driver 6/6/66 27 M + 24 3.01 Argetsinger, J. Prin.Acct. Clerk 4/1/57 26 3 61P238 Arthur, C. Mtr. Equip. Opr. 9/9/54 28 5 + 28 3.79 Bagley, E. Truck Driver 6/14/61 26 3 + 24 3.24 Baker, K. Asst.City Engr. 8/15/63 38 2 9,603 Barber, C. Jr. Engineer 12/12/65 33 2 7,892 Beckman, J. Laborer 4/5/67 21 M +24 2.43 Bell, T. Sr. Eng. Aide 10/17/66 28 1 6,238 Blake, H. Working Foreman 4/1/57 31 2 + 28 3.79 Boda, G. Dep.Bldg. Comm. 4/1/65 32 1 7,297 Bower, W. Mtr. Equip. Opr. 3/24/66 28 2 + 25 3.37 Brecht, J. Laborer 8/10/66 21 2 + 24 2.61 Brown, J. ,Jr. Laborer 4/27/67 21 M + 24 2.43 Carman, A. Tree Trimmer 5/20/59 28 5 + 28 3.79 Carpenter, B. Bus Driver 12/18/61 27 4 + 26 3.50 Churchill, E. Laborer 11/19/68 21 M + 24 2.43 Conrad, D. Housing Insp. 2/8/66 28 2 6,487 Coon, F. Mtr. Equip. Opr. 4/23/51 28 6 + 29 3.94 Cornell, A. Maint. Man 8/1/66 23 M + 24 2.61 Cornell, L. Truck Driver 6/15/65 26 M + 24 2.90 Corrington, R.Sr. Truck Driver 6/11/45 26 7 + 28 3.79 Davis, L. Bus Driver 9/26/66 27 1 + 24 3.12 Dingman, R. Supt. of P.W. 9/l/65 53 3 17,987 Dougherty, J. Asst. Supt. 2/13/50 43 3 12,151 Eastman, B. Work. Foreman 4/1/55 31 5 + 32 4.26 Eaton, F. Truck Driver 5/24/65 26 2 + 24 3.12 Edsall, C. Grds . Foreman 3/30/36 30 7 + 2 + 35 4.78 Edsall, J. Maintainer 4/1/63 25 1 + 24 2.90 Edwards, R. Auto Mech. 12/30/68 28 M + 24 3.12 Ellis, D. Work. Foreman 4/8/58 31 2 + 28 3.79 Ellis, R. Auto Mech. Fore. 1/30/61 31 4 + 30 4.09 Elston, H. Laborer 11/15/67 21 M + 24 2.43 Fidler, P. Str. & San. Supv. 10/21/32 36 7 + 2 11,683 Gardner, F. Work. Foreman 10/6/58 31 2 + 28 3.79 Gombas, S. Jr. Engineer 2/2/59 33 2 7,892 Graham, A. Laborer 2/20/67 21 1 + 24 2.52 Grover, C. Acct. Clerk 4/15/68 19 1 4,382 Grover,L. Maint. Man 12/23/68 23 M + 24 2.61 Hall, H. Maintainer 10/24/66 25 M + 24 2.80 Hamilton, D. Laborer 12/4/67 21 M + 24 2.43 Hamilton, E. Maintainer 3/28/63 25 2 + 24 3.01 Hamilton, J. Maint. Man 6/23/67 23 M + 24 2.61 Hamilton, K. Sr. Truck Driver 4/1/54 26 6 + 27 3.64 Hamilton, R. II Truck Driver 7/10/51 26 6 + 27 3.64 Hamilton, R. Laborer 4/13/66 21 M + 24 2.43 Hillick, W. Bus Driver 6/14/65 27 1 + 24 3.12 Horton, R. Laborer 5/17/66 21 M + 24 2.43 Hubble, E. Work. Foreman 3/26/62 31 1 + 27 3.64 Huddle, H. Work. Foreman 4/3/50 31 7 + 34 4.60 Huson, D. Sr. Typist 5/6/57 19 6 5,332 Irvin, L. Mtr. Equip. Opr. 3/30/51 28 5 +28 3.79 Jackson, J. Mtr. Equip. Opr. 7/24/61 28 4 + 27 3.64 Jolly, C. Maint. Man 7/26/65 23 2 + 24 2.80 Jones, E. Building Insp. 5/7/67 29 1 61,487 Larson, P. Auto Mech. 10/24/67 28 1 + 24 3.24 Lotito, A. Laborer 10/14/68 21 M + 24 2.43 Lowe, D. Laborer 12/10/68 21 M + 24 2.43 Lynch, E. Pks. & Grds.Supv. 4/17/56 36 7 10,802 - page 2 - Date of Hourly Name Job Title Employment Grade Step Cents Salary Rate Maybee, P. Truck Driver 10/29/45 26 7 + 28 3.79 Magnasi, C. Maintainer 3/14/55 25 5 + 25 3.37 Maine, F. Truck Driver 6/3/68 26 M + 24 2.90 McAvoy, R. Laborer 5/20/68 21 M + 24 2.43 Miller, J. En g. Aide 1/1/69 25 M 5,332 Mitchell, A. Laborer 4/22/68 21 M + 24 2.43 Momarts, R. Maintainer 6/6/60 25 5 + 25 3.37 Mooney, F. Maintainer 1/2/47 25 7 + 27 3.64 Mullens, L. Maintainer 5/17/56 25 5 + 25 3.37 Murphy, D. Laborer 9/21/64 21 M + 24 2.43 Nixon, A. Laborer 4/4/68 21 M + 24 2.43 Onon, H. Tree Trimmer 9/15/56 28 5 + 28 3.79 Perry, D. Maint. Man 3/26/63 23 1 + 24 2.70 Perry, R. Maint. Man 3/29/62 23 2 + 24 2.80 Pylkas, W. Laborer 9/4/68 21 M + 24 2.43 Rivers, J. Maint. Man 616166 23 2 + 24 2.80 Rumph, A. Maintainer 8/6/56 25 4 + 24 3.24 Rumsey, D. Laborer 6/15/64 21 4 + 24 2.80 Russell, D. Laborer 1/11/68 21 M + 24 2.43 Russell, K. Laborer 8/19/68 21 M + 24 2.43 Ryerson, R. Maintainer 4/23/56 25 5 + 25 3.37 Schlieder, H. City Engineer 6/1/67 46 2 13,142 Schmitt, C. Stenographer 6/27/66 19 2 4,558 Sharpsteen, D. Laborer 4/14/64 23 M + 24 2.61 Shipman, E. Laborer 5/1/67 21 M + 24 2.43 Smith, R. Eng. Aide 12/12/68 25 M 5,332 Stedwell, L. Mtr. Equip. Opr. 6/9/58 28 4 + 27 3.64 Stickler, E. Housing Insp. 10/2/67 28 1 611238 Sweet, R. Bus Driver 10/1/62 27 3 + 25 3.37 Tompkins, C. Truck Driver 10/1/68 26 M + 24 2.90 Truax, M. Truck Driver 9/25/68 26 M + 24 2.90 Turesik, W. Truck Driver 6/25/68 26 M + 24 2.90 Underwood, S. Laborer 6/5/67 21 M + 24 2.43 VanEtten, H. Laborer 9/29/65 21 1 + 24 2.52 VanGorder Sts. & San. Forem.9/6/49 31 6 + 33 4.43 VanMarter, C.M. Bldg. Comm. 1/1/66 39 2 9,987 Vliet, D. Laborer 10/10/66 21 1 + 24 2.52 Wood, R. Laborer 6/27/68 21 M + 24 2.43 � ILF- E) jTY CLERK'S OFFiC! � F 1959 CL DEPARTMENT OF PUBLIC WORKS - WATER & SEWER DIVISION Salary Schedule - 1969 Date of Hourly Name Job Title Employment Grade Step Cents Salary Rate Amici, T. Mtr. Eq. Opr. 2/8/55 28 4 + 27 3.64 Andrews, D. Wtr.Plant Opr. 2/27/62 29 2 6,746 Baker, C. Work. Foreman 5/19/58 31 3 + 29 3.94 Benisi, C. Gen. Maint.Fore. 6/14/48 31 7 + 34 4.60 Bentz, D. Maint. Man 5/31/66 23 M + 24 2.61 Berarducci, R. Carpenter 3/15/54 31 5 + 32 4.26 Berich, W. Wtr. Pl. Opr. 6/1/54 29 4 7,297 Bieberich, N. Eng. Aide 10/9/67 25 1 5 ,545 Blake, C. Laborer 10/8/68 21 M + 24 2.43 Blake, D. Mtr. Eq. Opr. 9/5/61 28 1 + 24 3.24 Blake, J. Auto.Mech. Fore. 8/24/48 31 7 + 34 4.60 Blaker, G. Wtr. Maint.Fore. 10/10/48 31 7 + 34 4.6o Bowlsby, R. Sewer Pl. Opr. 8/20/56 28 4 7,016 Brooks, J. Electrician 5/18/60 34 5 9,234 Cappucci, C. Maintainer 4/11/60 25 4 + 24 3.24 Clark, Richard Work. Foreman 7/21/58 31 1 + 27 3.64 Clark, Ronald Laborer 116169 21 M + 24 2.43 Cookley, R. Laborer 4/11/68 21 M + 24 2.43 Colleyacme, C. Plumb. Inspt. 1/1/68 38 1 9,234 Corrington, R. Work. Foreman 6/21/51 31 1 + 27 3.64 DeBell, J. Sr. Eng. Aide 9/6/60 28 2 6,487 Deeley, F. Sewer P1. Opr. 4/1/54 28 5 7,297 Denmark, E. Ch.Sewer P1. Opr. 8/31/59 32 1 7,297 Emerson, K. Mtr. Equip. Opr. 3/30/64 28 1 + 24 3.24 Grant, J. Laborer 2/14/68 21 M + 24 2.43 Grover, R. Laborer 3/12/68 21 M + 24 2.43 Hannan, V. Asst.Supt. P.W. 3/1/62 44 6 143,215 Happel, W. Sewer Maint.Fore. 9/24/51 31 7 + 34 4.60 Harding, J. Auto Mech. 5/18/59 28 5 + 28 3.79 Harding, K. Maint. Man 6/22/64 23 1 + 24 2.70 Jager, P. Sr. Eng. Aide 10/21/62 28 2 69,487 King, H. Work. Foreman 7/14/58 31 1 + 27 3.64 King,R. Auto Mech. Fore. 4/3/58 31 2 + 28 3.79 Mainville, N. Work. Foreman 5/13/57 31 1 + 27 3.64 Malison, P. Laborer 1/14/69 21 M + 24 2.43 Martin, R. Sewer Pl. Opr. 6/27/67 28 1 6,238 Messmer, G. Water Pl. Opr. 8/14/62 29 2 6,746 Morgan, A. Wtr. Mtr. Foreman 10/27/58 31 5 + 32 4.26 Morgan, D. Meter Serviceman 8/29/67 25 M + 24 2.80 Morgan, L. Meter Serviceman 3/19/62 25 4 + 24 3.24 Mosher, L. Maintainer 7/7/47 25 7 + 27 3.64 Murray, P. Wtr. Pl. Opr. 7/25/66 29 2 6,746 Newhart, L. Office Mgr. 9/8/49 32 5 8,536 Quigley, J. Maintainer 12/5/55 25 4 + 24 3.24 Radcliffe, M. Truck Driver 2/28/66 26 1 + 24 3.01 Riker, Wm. Pr. Acct. Clk. 8/2/65 26 3 69238 Rogers, L. Laborer 2/9/60 21 4 + 24 2.80 Shipman, C. Laborer 2/27/68 21 M + 24 2.43 Simpson, R. Wtr. P1. Opr. 10/13/64 29 2 6,746 Stark, D. Maint. Man 9112166 23 M + 24 2.61 Starke, C. Sr.Acct. Clerk 8/14/61 22 6 5,998 Starke, G. Sewer Pl. Opr. 2/19/62 28 2 69487 Terrell, D. Ch.Wtr.Pl.Opr. 10/2/56 33 6 9,234 Tuthill, G. Laborer 4/3/58 21 4 + 24 2.80 Volpicelli, L. Work. Foreman 6/21/51 31 2 + 28 3.79 Walding, R. Maint. Man 1/4/67 23 M + 24 2.61 Warner, R. Laborer 11/4/68 21 M + 24 2.43 Wood, D. Swer Pl. Opr. 2/20/62 28 2 61,487 Za ft,er. Mtr. Equip.Opr. 4/3/58 28 5 + 28 3.79 t;ITY 9tERK'S BFFW ' FINANCE PAYROLL 1969 Date of Name Job Title Employment Grade Step Salary Anderson, M. Clerk 9/17/68 15 1 3,746 Bailey, C. Assoc. Assessor 8/1/62 1,000 Barrett, Wm. City Attorney 1/1/68 7,500 Benson, M. Dep. Chamberlain 10/25152 32 3 7,892 Blean, G. City Clerk 7/20/30 40 7 12,637 Calistri, C. Assessor 11/1/55 39 6 11,683 Cannan, V. Court Clerk 6/25/62 27 3 69487 Carpenter, S. Prin. Acct. Clk. 9/27/61 26 3 6,238 Chapman, W. Sr. Acct. Clk. 12/1/60 22 5 5,767 C7ynes, J. City Judge 1/1/69 9,500 Fitzpatrick, R. Clerk 1/1/68 15 1 3,746 Grey, R. Dep. City Clerk 10/23/61 34 4 8,878 Hazen, G. Telephone Opr. 1/4/65 17 2 4,214 Heidt, W. Assoc. Assessor 1955 1,000 Houseworht, S. Sr. Typist 9/1/68 19 1 4,382 Hutson, H. Sr. Steno. 4/3/67 24 6 61487 Kiely, J. Mayor 1/1/68 8,000 Kasprzak, G. City Planner 6/20/66 43 2 11,683 McNeal, M. Acct. Clerk 1/1/67 19 2 4,558 Mick, M. Sr. Typist P.T. 10/1/55 19 7 5,545 Nedrow, P. City Sealer 4/16/41 29 7 + 1 8,536 Parrish, E. Sr. Steno 4/10/67 24 4 5,998 Roedel, J. Sr. Acct. Clk. 4/1/63 22 2 5,127 Russell, J. Controller 8/24/65 52 3 17,295 Shoemaker, M. Civil Serv. Sec. 11/1/59 16 6 4,740 Smith, Y. Acct. Clerk 9/16/68 19 1 4,382 Sullivan, A. Clerk 9/3/68 15 1 3,746 Talada, E. Acct. Clerk 5/27/68 19 2 4,558 Tallman, P. Sr. Acct. Clk. 8/16/65 22 1 4,930 Theisen, H. City Prosecutor 1/1/69 6,500 Tompkins, H. Acct. Clerk 1/16/67 19 2 4,558 Wright, J. Chamberlain 6/8/53 39 3 10,387 Quinn, K. Acct.Clk-Typist 6/1/52 19 7 5,545 Marshall, M. Sr. Steno P.T. 10/3/66 24 2 5,545 FILL_ CITY OLERK S gEf,C R *tA, M. F0 ®5 1969 F,- � 0"1-Y SLR. 1 YOUTH BUREAU 1969 Date of Name Job Title Employment Grade Step Salary Cutia, R. Y.B. Director 2/7/66 41 4 11,683 Doyle, C. Sr. Steno 8/26/63 24 2 5,5 +5 Wilson, J. Asst. Dir. 10/17/66 36 2 831878 FIL6 �. CITY KERK'S "*VAS, r � 1969�r 6LI*K 143 - 3 - February 5 , 1969 REDISTRICTING OF WARDS_: The Clerk indicated his concern about redistricting the new wards promptly to enable him to prepare and furnish new ward maps for the 1969 elections. Mayor K_i.ely appointed Alderman Stallman and Tolles as a Committee to work with the City Clerk and Election Commissioners on redistricting the proposed new wards . By Alderman Sullivan: seconded by Alderman Holland RESOLVED, that the Council hereby expresses its sincere thanks to Professor Hacker and his entire Committee for their time and efforts spent on preparing its report and reconrendations on a plan of reapportionment for Tompkins County includinn the City of Ithaca. Unanimously carried. SALARY INCREMENTS: Alderman Nordheimer presented a request of the Board of Public Works that one salary increment each be granted to Peter rlbertsman and Peter Larson and recommended approval thereof. -"By Alderman Nordheimer: seconded by Alderman Sullivan RESOLVED, that the Council approves the Board's request to grant one merit increment each to Peter Albertsman and Peter Larson, auto mechanics , in addition to any increments for which they are eligible on January 1, 1969. Carried. Alderman Nordheimer also recommended approval of a request of the Board. of Public Works that the position of bus driver be upgraded one grade in the Compensation Plan and another request that the position of Golf Course Manager be upgraded one grade. Cr, By Alderman Nordheimer: seconded by Ald.errman Sullivan G; RESOLVED, that the Council approves the Board's request to upgrade the position of Bus Driver in the 1969 Compensation Plan from grade 26 to grade 27 and the position of Golf Course Manager from grade 12 to grade 13. Carried, BARGAINING AGENTS' AGREEMENTS: Controller Russell, Chairman of the City's Negotiating L Committee , reported contract agreements for the year 1969 had been agreed upon with the Laborers' Union, Local #589, and the Tompkins County Civil Service Employees' Assn. He presented and reviewed both agreements briefly and recommended their approval. By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the agreements with the Laborers' Union, Local #589, representing city employees included in Unit 3, and the Tompkins County Chapter of Civil Service Employees' ' Association, representing employees in Units 4 and 5 , be approved as recommended by the City's Negotiating Committee : and that the Mayor and City Clerk be authorized to sign and axecute them on behalf of the City. Carried. EMPLOYEES' RETIREMENT - NON-CONTRIBUTORY PLAN: Controller Russell reported that both of , the foregoing agreements called for the City to make available to its employees a non- contributory retirement plan. Official action was taken thereon as follows : By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the Common Council of the City of Ithaca does hereby elect to come under toe provisions of Chapter 1006 cr the Laws of 1966, as presently or hereafter amended, and. entitled "An act to amend the Retirement and Social Security Law, in relation to establish- ing non-contributory retirement plans and ordinary death benefits for state employees and members of participating employers" ; and BE IT FURTHER RESOLVED, that the members' contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll period beginning on the 17th day of February, 1969. AYES: 13 NAYS: 0 Carried. PAYROLL RATING SHEETS: Controller Russell presented payroll rating sheets for 1969 for all of the employees covered by the above agreements based upon terms of the respective agreements and the City's Compensation Plan. They were accepted,approved, and ordered filed with the City Clerk. VACATIONS: By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that vacations for city officers and employees who are not represented by targaining Agents be established as follows: 1. Employees who have worked 12 months shall receive one standard work week vacation with pay 2. Employees who have worked 24 months shall receive two standard work weeks vacation with pay. 3. Employees who have worked for ten years shall receive three standard work weeks vacation with pay. 14 4 - 4 - February 5 , 1969 4. For each two ,years an employee works after ten years of service, he shall be entitled to an additional day of vacation to his 20th year, i .e. 12 years - 1 day, 14 years - 2 days, 16 ,years - 3 days , 18 years - 4 days, 20 )ears -. 5 days. After 20 years he shall receive four weeks vacation. 5 . Vacation shall be accumulative,if earned vacation is not made available by the City during the year. I?olidays occuring during an employee's scheduled vacation period shall not be charged against vacation time. 6. Vacation shall be credited on the anniversary date of the employee. 7. Unscheduled absence from work r±av not be charged against vacation time. 8. Three weeks vacation may be taken consecutively, if authorized by Department Head. Carried. NATIONAL CASH REGISTER LEASE AGRE-PMENT: The Controller recommended approval of a new three; year lease agreement with national Cash Register Companv for computer equipment which reflected a savings of $250.00 per r.!onth over the present short-term agreement. By Alderman Tolles : seconded by Alderman Stallman RESOLVED, that a three-,year lease with National Cash Register Company for computer equip- ment be approved as recommended by the City Controller- and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City. Carried. TAX AITTICIPATION LOANS: The Controller requested authority to borrow in anticipation of the collection of city taxes for 1969. By Alderman Tolles:seconded by Alderman Stallman RESOLVED, that, pursuant to section 24 of Article 2 of the Local Finance Law of the State of New York, the City Controller is hereby authorized to borrow' money in the name of and ` on the credit of the City of Ithaca for current city expenses normally paid out of the J regular tax levy and for the purposes for which such taxes are or may be levied by the issuance of a negotiable note or notes in an amount not to exceed $500,000.00: and that such note or notes shall be issued in amounts as may be needed in anticipation of the collection of city taxes for the current fiscal ,year of 1969 with local banks or with Water, Sewer, or Capital Funds of the City of Ithaca at an interest rate of not to exceed 3-3/I+%. BE IT RESOLVED, that the full faith and credit of the City of Ithaca hereby are pledged for the payment of and retirement of such temporary tax loans before the close of said fiscal year and out of taxes to be received for the current fiscal year. AYES: 13 , NAYS: 0 Carried and approved by the Mayor HOUSING AUTHORITY SALARIES: Alderman Tolles reported the Ithaca Housing Authority had amended its request for approval of salaries of its employees in accordance with the City's Compensation Plan and he recommended approval of the request. By Alderman Tolles: seconded by Alderman Stallman WHEREAS, the Ithaca Housing Authority by law in its efforts to maintain comparability with local public practice has accepted the City of Ithaca's Personnel Compensation Plan , an d WHEREAS, effective January 1, 1969 the City of Ithaca employees will be upgraded one whole grade plus one increment, BE IT THEREFORE RESOLVED, that this Cor:mon Council assembled also approve this upgrading schedule for all employees of the Ithaca Housing Authority in accordance with Article 3, Section 32 (1) of the New York State Public Housing Law. BE IT FURTHER RESOLVED, that this will establish the position of the Executive Director in grade 43 and the Senior Account Clerk-Typist in grade 18. Carried. TRAFFIC LIGHT ACCOUNT REDESIGNATED: By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that Construction Account A290-560-10 now designated as West Green Street Traffic Light Construction Account be changed to Traffic Lights Construction Account . Carried. PUMPING CELLARS: By Alderman Tolles : seconded by Alderman Spano RESOLVED, that the sum of $1,500.00 be appropriated from the Contingent Fund to budget account A118 -- Creeks, to partially defray the cost of pumping, cellars in the Fall Creek section of the City caused by recent ice jams in Fall Creek. During a discussion it was pointed out the appropriation was to pay for rent of equipment w--_- by the General Fund in breaking up the ice jams while the City Water Department had spent approximately $3,000.00 in labor alone for pumping, the cellars . i AYES: 13 , NAYS: 0 Carried and approved. AUDIT: By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $9,058.38, as listed on audit abstract #2-1969, be approved for payment. Carried. 14'5 - 5 - February 5, 1969 BIDS-PATROL CARS: Alderman Sullivan reported that bids on furnishing the City with six new patrol cars were received on February 3rd as follows : Disc. and Name of Bidder _ Make or Type Gross Bid Trade-In All. Net Bid Dick Clapp Lincoln Mercury Montery $16,775.34 (D) $1,500.00 Mercury (T) 2,800.00 $ 12,475. 34 Mercury Montego 15 ,598.32 (D) 1,200.00 (T) 2 ,800.00 11,598. 32 Cayuga Motors Ford Cutom Fordor 14,184.00 (T) 2,950.00 11,234.00 Erie J. Miller Inc. Plymouth Belvdere 14,700.00 (T) 3,400.00 11,300.00. He stated the Public Safety Committee would review these bids and present its recommendations thereon at a subsequent meeting. ROUTE 96 TRAFFIC: Alderman Sullivan read a letter, dated January 28, 1969, received by the Mayor from N.Y.S. Dept. of Transportation acknowledging his request that southbound trucks entering the City from the northwest be rerouted at the Village of Interlaken so �.. as to enter the City on Route 89. The Department cited data collected on the subject and CTin view of this and all of the factors involved it did not feel it was proper to comply with the Mayor's request. BUFFALO STREET RIGHT-OF-WAY: Alderman Nordheimer once again recommended that the Planning Board review the plan of the Board of Public Works for connecting W. Buffalo with W. State Street. By Alderman Nordheimer: seconded by Alderman Slattery RESOLVED, that the matter be referred to the Planning Boardfbr study and report. Carried. OFFICE MANAGER: Alderman Nordheimer recommended that the Common Council take no action on the Board's request to approve the appointment of an Office Manager for the Construction & Maintenance Division in order that the Board be given time to look into the ?ntire Civil Service Commission's description of the affected position which indicates ;he following: L. The present position description of Office Manager precludes there being more than one such position in the department. 2. The top administrative positions in both the Construction & Maintenance and the Water & Sewer Division are better described by the present Civil Service Commission's description of the duties of a Principal Account Clerk. BOY SCOUT ACTIVITIES: Alderman Holland felt the need for the creation of more Boy Scout activities in both the Northside and Southside areas of the City. Alderman Jones advised she could accommodate three more boys in her Cub Pack. On motion the meeting was adjourned. Geo. A.�Blean, City Clerks Jack-K' ack K Kiely, Mayor 1 4 6) COMMON COUNCIL PROCEEDTNOS CITY OF ITHACA, NEW YORK SPECIAL MEETING 7:30 p.m. February 26, 1969 PRESENT: Mayor - Kiely Aldermen (12) - Sullivan, Saccucci, Slattery, Bangs, Rundle, Spano, Nordheimer, Stallman, Jones, Boronkay, Tolles, Feldt. ABSENT: Aldermen (2) - Holland, Anderson OTHERS PRESENT: Attorney - Barrett Urban Renewal Staff Members: Controller - Russell Brown and Kreisky Clerk - Blean Mayor Kiely announced he had called this special meeting to take appropriate action on the following items: 1. Local Laws to reapportion the seven wards of the City and to provide for elections of aldermen from the newly reapportioned wards. 2. A redistricting map for the new wards. 3. A public hearing for Preferred Sponsorships for Grigor Grigorov and the Atlantic- Richfield Company, two developers in the downtown Urban Renewal area. 4. Minor changes in the Urban Renewal plan. LOCAL LAW - REAPPORTIONMENT: Attorney Barrett reviewed the purposes of the proposed Loca+ Laws presented for adoption at this time. He certified that he had laid copies of both laws on the Aldermen's desks on January 17, 1969 and in addition had mailed copies of both} ` to each alderman. He advised it was therefore in order to adopt them at this time. A LOCAL LAW AMENDING SECTION 3 OF CHAPTER 503 OF THE LAWS OF 1908 OF THE STATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA (Sec. 1-3 as presently informally codified) , TO REAPPORTION THE SEVEN WARDS OF THE CITY. By Alderman Tolles: seconded by Alderman Stallman BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 3 of Chapter 503 of the Laws of 1908 of the State of New York, entit.l d An Act to Consolidate and Revise the Several Acts Relative to the City of Ithaca, and ActR amendatory thereof, (Sec. 1-3 as presently informally codified); as most recently amended: by Local Law No. 1, 1958, is hereby amended to create a new Section 3a, reading and pro- viding as follows: 3a. The seven wards of the said city as set forth in the foregoing Section 3 shall continue as such for the limited purpose of continuing in office the aldermen and super- visors presently elected from said wards and shall cease to exist as such on January 1, 1972 For the purpose of the general elections of 1969 and all other purposes, except as hereinbefore provided, the city is hereby divided into seven new wards, respectively bounded and described as follows: WARD I: Beginning at a monument marking the southwest corner of the corporate limitp of the City of Ithaca; Running thence due east along the south line of said location for a distance of seventgen hundred and seventy-five feet, more or less, to the center line of the former right of wav of the Delaware, Lackawanna and Western Railroad Company, now Lehigh Valley Railroad Company (66' in width) which said right of way adjoins and runs parallel with and easterly to the right of way of the now or formerly main line of the Lehigh Valley Railroad Company; and Running thence southwesterly along the center line ofsaid right of way to its inter- section with the center line of Cayuga Inlet as it now exists and as shown on the 1968 Ta* Assessment Map; and Running thence easterly, southerly, and westerly along the center line of said Cayuga Inlet to its intersection with the center line of the said right of way of the Lehigh Valley Railroad, formerly the right of way of the Delaware, Lackawanna and Western Railroad Company; and Running thence along the center line of said Railroad right of way on a curve to the left, and continuing along said center line in a nottheasterly direction, to its intersection w�th the south line of DeWitt's location; and Thence westerly along the south line of DeWitt's location, being the former southern '#' boundary of the City of Ithaca a distance of 2,066 feet more or less, to its intersection with the center line of South Meadow Street; Running thence northerly along the center line of South Meadow Street to its intersectJ04 with the center line of West Clinton Street; t Running thence easterly along the center line of West Clinton Street to its intersecti;)nr with the center line of South Corn Street; Running thence northerly along the center lines of South Corn Street and North Corn Street to the intersection of the center line of North Corn Street with the center line of West Buffalo Street; 147 -2- February 26, 1969 Running thence easterly along the center line of West Buffalo Street to its inter- section with the center line of Park Place; Running thence northerly along the center line of Park Place to the center line of Cascadilla Street;' Running thence westerly along the center line of Cascadilla Street and its extension westerly to the center of Cayuga Inlet; Running thence northerly along the center of the Cayuga Inlet as it winds and turns ano along its extension northerly to the northerly boundary of the City of Ithaca; Running thence westerly along the northern boundary of the City of Ithaca to the north. west corner thereof, being a point in the west shore of Cayuga Lake; Running thence southerly along the west shore of Cayuga Lake a distance of seventeen hundred and ten feet more or less, to the mouth of the Creek which divides the property now or formerly owned by Harry and Helen D. Johnson on the north from the property now or formerly owned by Candace H. Williams on the south; Running thence westerly one hundred forty feet more or less, up the center of the broo4 to the easterly boundary of the right of way of the highway known as Taughannock Boulevard.; Running thence southerly along the east line of the right of way of the Taughannock Boulevard as it now exists or may hereafter be located, a distance of fifteen hundred and twenty-three feet to the center of the Williams Brook; Running thence westerly sixty-six feet more or less, to the east line of the right of way now or formerly of the Ithaca and Geneva division of the Lehigh Valley Railroad; M Running thence southerly eleven hundred feet more or less , to the north line of Military Lot No. Ninety-four produced; Running thence west along the north line of said lots 92 and 94 as produced, to a point If where said line intersects the northeasterly line of Brookfield Road; } Running thence northwesterly along the northeasterly line of Brookfield Road about G: 168.6 feet to an iron pipe marking the intersection of the westerly line of Campbell Avenue and the northeasterly line of Brookfield Road; Running thence north 15' degrees 15 minutes east, 115.2 feet along the westerly line of Campbell Avenue to an iron pipe; Running thence southwesterly substantially along a hedgerow about 177 feet to an iron pipe located north 79 degrees 25 minutes east, a distance of 35.5 feet from an iron pipe set in the northeasterly line of Brookfield Road; Running thence north 12 degrees 21 minutes west, 187 feet to an iron pipe; Running thence south 70 degrees 28 minutes west, 17.9 feet to a pipe; Running thence north 23 degrees. 40 minutes�west;. 150.6 feet to an iron pipe set in the bed of Hopkins Place; Running thence continuing a. short distance of approximately 10 feet to the original center line of Hopkins Place measured as a 40-foot road; Running thence westerly along said original center line of Hopkins Place 'about 60 feet to a point south 3 degrees 30 minutes east of an iron pipe set in the northerly line of` Hopkins 'Place; Running thence north 3 degrees 30 minutes west, 20 feet, more or less, to said iron pipe in the northerly line of Hopkins Place; Running thence north 3 degrees 30 minutes west, 223 feet to the center of Williams Brook; Running thence southwesterly along the center of Williams Brook, 330 feet, more or leprp, to the west line of Military Lot No. 87; and Running thence southerly along the western line of the City of Ithaca to the point or place of beginning. WARD II: Beginning at a point in the center of the Cayuga Inlet at its point of intersection with the center line of Cascadilla Street produced to the west; Running thence easterly along the said center line of Cascadilla Street and its west- ward extension to the intersection of the center lines of Cascadilla Street and Park P1aco; Running thence southerly along the center line of Park Place to its intersection with the center line of West Buffalo Street; Running thence westerly along the center line of West Buffalo Street to its intersectipn with the center line of Corn Street; Running thence southerly along center lines of North Corn Street and South Corn Street to its intersection with the center line of West Clinton Street; Running thence easterly along the center line of West Clinton Street to its inter- section with the center line of South Geneva_ Street; Running thence northerly along the center line of South Geneva Street to its inter- section with the center line of West Green Street. Running thence easterly along the center line of West Green Street to its intersection with the center line of South Cayuga Street; Running thence northerly along the center lines of South Cayuga Street and North Cayuga Street to the intersection of the center lines of North Cayuga Street and East Seneca Street; qQp -3- February 26, 1969 Running thence easterly along the center line of East Seneca Street to its intersection with the center line of Parker Street; Running thence northerly along the center line of Parker Street to its intersection with the center line of East Buffalo Street ; Running thence westerly along the center line of East Buffalo Street to its intersection with the center line of Terrace Place; Running thence northerly along the center line of Terrace Place to the intersection of the center lines of East Court Street, Linn Street and Terrace Place; Running thence northerly along the center line of Linn Street to its intersection with the center of Cascadilla Creek; Running thence northerly and northwesterly along the center line of said Cascadilla Creek as it winds and turns to the center of the Cayuga Inlet; y,:,: Running thence southerly along the center of the Cayuga Inlet as it winds and turns to a point or place of beginning. ' WARD III: Beginning at a point in the Eastern Boundary of the City of Ithaca at its intersection with the center line of Mitchell Street; Running thence northerly along the Eastern Boundary line of the City of Ithaca to its intersection with the center line of Forest Home Drive ; Running thence westerly along the center line of Forest Home Drive as it twists and tuxes to its intersection with the center line of East Avenue to the south and ThurstonAvenue to the north; Running thence westerly, southwesterly, and westerly along the center line of University Avenue, in itsseveral courses, to its intersection with the center line of Stewart Avenue; Running thence southerly along the center line of Stewart Avenue, in its several coursep, to its intersection with the center of Cascadilla Creek; Running thence easterly along the center of Cascadilla Creek, as it winds and turns, to its intersection with the center line of College Avenue; Running thence southerly along the center line of College Avenue to its intersection with the center line of Mitchell Street; �xg8tx�xggisc xa}�ni�x!s)x&s x�tr�8t�cxXk�xffi Rxldi2e xR �xfsac xxs�en�2eQe3txato�cse�sc�x#� � x �recbcx�x�secr��resxx]sisrret�cRxl�SbXXx�#xe��t� Running thence northeasterly and easterly along the center line of Mitchell Street, in its several courses, to the point or place of beginning. WARD IV: Beginning at a point in the center of Cascadilla Creek at its intersection with the center line of Linn Street; Running thence northerly along the center line of Linn. Street to its intersection with the westerly projection of the property line between Lots #19 and 20 of Block 47-4 which are also known as 145 Linn Street and 201 Linn Street respectively; Running thence easterly along the aforesaid westerly projection of the property line between lots 19 and 20 of block 47-4 and along that property line and its easterly extension to a point 200 feet measured at right angles from the easterly property line of Linn Street; Running thence northerly, parallel with and 200 feet easterly at right angles from the' east line of Linn Street and said line extended a distance of 4,000 feet more or less, to the north line of Military Lot Ninety-four (being a northern boundary of the City of Ithaca); Running thence westerly along the northern line of said Military Lot Ninety-four and said line extended a distance of 1,470 feet more or less, to the east line of North Cayuga Street; Running thence northerly along the east line of said North Cayuga Street and its extension to a point in the east line of the right of way of the Auburn branch of the Lehigh Valley Railroad; Running thence northerly along said east line of the said Lehigh Valley right of way tq a point in the north line of the City of Ithaca; Running thence westerly along said northern line of the City of Ithaca to a point in Cayuga Lake at its intersection with the produced center line of the Cayuga Inlet; Running thence southerly along the center line of Cayuga Inlet as it winds and turns tg its intersection with the center of Cascadilla Creek; Running thence southeasterly along the center of Cascadilla Creek as it winds and turn$ to the point or place of beginning. WARD V: Beginning at a point in the center line of East Seneca Street at its inter- section with the center line of Parker Street; Running thence easterly along the center line of East Seneca Street to its intersectiop with the center line of Stewart Avenue ; Running thence northerly along the center line of Stewart Avenue, in its several courses, to its intersection with the center line of University Avenue; Running thence easterly, northeasterly and easterly along the center line of University Avenue, in its several courses, to its intersection with the center line of East Avenue on the south and Thurston Avenue on the north; - 4 - February 26, 1969 149 Running thence easterly along the center line of Forest Biome Drive, as it twists and turns, to its intersection with the Eastern Boundary line :rr the City of Ithaca; Running thence northerly along the eastern boundary ok �he City of Ithaca to the northeast corner thereof; Running- thence westerly along the northern boundary of the City of Ithaca, a distance of 5,300 feet, more or less, to its intersection with a 1�fie running parallel with and 200 feet easterly from the east line of Linn Street produced; Running thence southerly along a line running parallel wiih and 200 feet easterly from the produced east line of Linn Street a distance of 4,000 feet more or less , to a point in the produced property line between Lots 19 and 20 of $lock 47-4; Running thence westerly along the easterly projection of the aforesaid property line and that property line and its westerly projection to its intersection with the center line of Linn Street; Running thence southerly along the center line of Linn Street crossing Cascadilla Creek to the intersection point of Linn Street, East Court Street, and Terrace Place; Running thence southerly along the meter line of Terrace Place to its intersection with the center line of East Buffalo Street; Running thence easterly along the center line of East Buffalo Street to its intersection with the center line of Parker Street; Running thence southerly along the center line of Parker Street to the point and plate of beginning. WARD VI: Beginning at a point in the center line of South Meadow Street at its point of intersection with the south line of DeWitt's location (formerly the southern boundary of the City of Ithaca) ; Running thence easterly along the south line of DeWitt's location and continuing along the southern boundary of the City of Ithaca to a point in the east line of the Danby Road, (known in the City of Ithaca as South Aurora Street) ; Running thence southerly along said easterly line of Danby Road, 540 fleet more or lest, to a point of intersection with the westerly line of Lot 14.1 on Block 115-1 of the 1968 Assessment Map of the City of Ithaca, also being the northwesterly extension of the east' -line of property known as 113 Coddington Road in the Town of Ithaca; Running thence southeasterly along the aforementioned westerly line and its extension 360 feet more or less, to a point on the southerly line of Coddington Road, said point being on the easterly line of property now or formerly of Ithaca College; Running thence southeasterly along the aforesaid east line of Ithaca College, a distance of 650 feet more or less, to a point; Running thence easterly' a distance of 630 feet more or less to a point on the line dividing Centini-Capalongo and Gridley properties, said point also being 550 feet more o less, south of the south line of Coddington Road; Running thence northeasterly, a distance of 595 feet more or less, to a point on the east line of Coddington Road, said point being also the southerly extension of the east line of 725 Hudson Street; Running thence northerly along east line of 725 Hudson Street, a distance of 145 feet more or less, to a point on the south line of Pennsylvania Avenue; Running thence northerly 550 feet more or less, to a point on the existing south line of the City of Ithaca being the easterly extension of the south line of the DeWitt's location property, being also located 155 feet easterly more or less, from the east line of Hudson Street measured along the aforesaid south line; Running thence due east along the south line DeWitt's location, as produced,, to its intersection with the center of Six Mile Creek; Running thence along the center of Six Mile Creek, as it twists and turns, to the center line of South Aurora Street; Running thence northwesterly along the center line of South Aurora Street and_ con- tinuing northerly along the center line of North Aurora Street to its intersection with the center line of East Seneca Street; Running thence westerly along the center line of East Seneca Street to its intersection with the center line of North Cayuga Street; Running thence southerly along the center line of North Cayuga Street and South Cayug4 Street to its intersection with the center line of West Green Street; Running thence westerly along the center line of West Green Street to its intersectioq with the center line of South Geneva Street; Running thence southerly along the center line of South Geneva Street to its inter- section with the center line of West Clinton Street; Running thence westerly along the center line of West Clinton Street to its intersection with the center line of South Meadow Street; Running thence southerly along the center line of South Meadow Street to the point or place of beginning. -5- February 26, 1969 WARD VII: Beginning at a point in the south line of the City of Ithaca at its inter- section with the center of Six Mile Creek; �. Running thence easterly along the south line of the City of Ithacd a distance of 2,800 feet more or less, to a monument marking the southeast corner of said City of Ithaca; Running thence northerly along the easterly line of the City of Ithaca a distance of 208 feet more or less , to the center of a ravine; Running thence northeasterly and along the center of the ravine, being also the ,boundary of the City of Ithaca, to the southwest line of the right of way formerly of the E. C. & N, Railroad; Running thence northwesterly and along the southwest line of the E. C. & N. Railroad right of way, being also the boundary line of the City of Ithaca, 260 feet to the south line of lands of Cornell University; Running thence west along the south line of lands of Cornell University and S. William Barnes, being also a boundary line of the City of Ithaca, a distance of about 1,050 feet to a point which is approximately 960 feet north of the said southeast corner of the City of Ithaca; Running thence northerly along the eastern line of the City of Ithaca to its intersection with the center line of Mitchell Street; Running thence westerly and southwesterly along the center ling, of Mitchell Street, in its several courses, to its intersection with the center line of College Avenue; �DiIYIYZI��x'1��1R�x4c��x�t�x�Y�gx��c�A.t�xx$i�arx�[x��aat��cRmxt���c�axg�ix�g�g�g�x�24����; Running thence northerly along the center line of College Avenue to its intersection with the center of Cascadilla Creek; Running thence westerly along the center of Cascadilla Creek, as it twists and turns, to its intersection with the center line of Stewart Avenue ; Running thence southerly along the center line of Stewart Avenue, in its several coursep, to its intersection with the center line of East Seneca Street; Running thence westerly along the center line of East Seneca Street to its intersection with the center line of North Aurora Street; Running thence southerly along the center line of North Aurora Street and continuing southeasterly along the center line of South Aurora Street to its intersection with the center of Six Mile Creek; Running thence southeasterly along the center of Six Mile Creek, as it twists and turns, to the point or place of beginning. Section 2. This act shall take effect immediately upon filing in the office of the Secretary of State. A vote by roll call thereon resulted as follows: AYES: 12 NAYS: 0 Carried. Approved by me this 10l� day of March 1969 and esignated Local Law # ! -1969. Ma or, Ci y of Ithaca, New Yo LOCAL LAW - ELECTIONS OF ALDERMEN: Action was taken to adopt a Local Law to provi e for elections of aldermen from the newly reapportioned wards as follows: A LOCAL LAW AMENDING SECTION 14 OF CHAPTER 503 OF THE LAWS OF 1908 OF THE STATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA (Sec. 2-10 as presently informally codified) , TO PROVIDE FOR ELECTIONS OF ALDERMEN FROM NEWLY REAPPORTIONED WARDS OF THE CITY. By Alderman Stallman: seconded by Alderman Feldt BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 14 of Chapter 503 of the Laws of 1908 of the State of New York, entitled An Act to Consolidate and Revise the Several Acts Relative to the City of Ithaca, and Acts amendatory thereof, (Sec. 2-10 as presently informally codified) , as most recently amended by Local Law No. 2, 1953, is hereby amended to read and provide as follows: �- 14. At the general election held in November, nineteen hundred and twenty-five, and in each odd numbered year thereafter, a mayor shall be elected for a term of two years. At the general election held in November nineteen hundred and twenty-seven, and each fourth year thereafter a city judge shall be elected for a term of four years. At the general elections held in November nineteen hundred and sixty-nine and in November nineteen hundred and seventy-one, one alderman shall be elected from each of the seven new wards for a term of four years. Thereafter in each odd numbered year, one alderman shall be elected from each such new ward in place of the alderman whose term of office shall next thereafter expire, such aldermen to hold office for a term of four years . Nothing in this section shall operate to shorten the term of any.public officer now in office. All aldermen and city supervisors now in office shall continue in their respective offices until the end of their elected terms . 1 -6- February 26, 1969 Section 2. This act shall take effect immediately upon filing in the office of the Secretary of State. A vote by roll call thereon resulted as follows : AYES: 12 NAYS: 0 Carried. .Approved by me this 1e7_1i day of March 1969 and designated Local Law # 2, 1969. cam, Mayo City of Ithaca, New York REDISTRICTING OF WARDS: Alderman Stallman presented and reviewed a proposed new Ward Map showing a redistricting plan for each of the new wards in the City and he recommended its approval. By Alderman Stallman: seconded by Alderman Slattery RESOLVED, that the map showing the newly reapportioned seven wards of the City together with the redistricting of each ward into three districts as presented and recommended for approval at this time be and it hereby is approved in all respects and adopted as the official Ward Map of the City of Ithaca for 'use in the 1969 Elections and thereafter. Unanimously carried, PUBLIC HEARING - GRIGOROV AND ATLANTIC-RICHFIELD COMPANY: Alderman Rundle reported the Urban Renewal Agency had requested the Council to hold a publi6 hearing on the matter of granting Preferred Sponsorships to both Grigor Grigorov and the Atlantic-Richfield Company for their respective redevelopment proposals in the Urban Renewal Project Area. By Alderman Rundle: seconded by Alderman Bangs WHEREAS, in accordance with Article 15, Section 507 (b) of the General Municipal Law of the State of New York, the Ithaca Urban Renewal Agency has requested the Common Council of the City of Ithaca to hold a public hearing to the approval of redevelopment proposals submitted by Grigor Grigorov and Atlantic-Richfield Company for the Center-Ithaca Urban Renewal Project, N.Y. R-112, NOW THEREFORE BE IT RESOLVED, that the City Clerk be and he hereby is authorized and directed to advertise a public hearing on said redevelopment proposals; and that said public hearing be held by the Common Council on March 19, 1969 at 7:30 p.m. in the Common Council Chamber at City Hall, 108 E. Green Street. AYES: 11 NAYS: 0 Abstaining: 1 - Alderman Stallman Carried. URBAN RENEWAL PLAN CHANGES: Staff members Kreisky and Brown exhibited and described in detail minor changes in the Urban Renewal Plan which the Agency submitted for approval by the Council. The Clerk read a letter from the Planning Board advising it had approved the changes and recommended their approval ty Council also. By Alderman Rundle: seconded by Alderman Spano WHEREAS, it has become necessary for the Ithaca Urban Renewal Agency to revise the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project (N.Y. R-112) and it is required by Federal and State Law that said plan change must be approved by the Common Council and the Planning Board of the City of Ithaca; and WHEREAS, the Planning Board of the City of Ithaca at a regular meeting on the 20th day of November,1968, duly approved by resolution , a copy of which is attached hereto and made a part hereof, the proposed changes to the Urban Renewal Plan for the Center Ithaca Urban Renewal Project (N.Y. R-112) ; and WHEREAS, this Council upon careful consideration and reflection deems the requested changer, in said Urban Renewal Plan to be appropriate , necessary, and in the best interest of the City and its Urban Renewal and Redevelopment Programs thereof; NOW THEREFORE BE IT RESOLVED: 1. That the presently existing Page R213-11 of said Urban Renewal Plan be amended by lelpting therefrom the present preferred uses for Disposition Parcels 2, 8, and 9. That said page be deleted entirely from the Urban Renewal Plan. That the presently existing Page 8213-16 of said plan be amended by deleting there- from the present preferred uses for Disposition Parcels 21, 22, 23, 24, and 25, and by substituting in place thereof a new Page R213-16 which deletes all reference to Dispositiop Parcels 21 through 25. i i 1.52 -7- February 26, 1969 3. That the presently existing Proposed Land Use Map (Page R213-120 of said plan) be amended by deleting therefrom the presently existing land use indications for Blocks 99, 198, and 199, and by substituting in place thereof a land use map indicating that said blocks encompass Coranercial Use, Public Use, and Public Parking therein, as set forth in the proposed land use map attached hereto and made a part hereof. 4. That the presently existing Disposal Parcels Map (Page 8213-122 of said plan) be amended by deleting therefrom the presently existing parcel numbers 2, 3, 4, 5, 9, 10, 21, 22, 23, 24 and 25 and by substituting in place thereof a new Disposal Parcels Map with nqw disposal parcels 2, 3, 4, 5 , and 10, all as set forth in said Map which is attached hereto and made a part hereof. 5. That the presently existing Proposed Land Acquisition Map (Page R213-124 of said plan) be amended by changing the acquisition categories to conform with the Proposed Land Use Mal and the Disposal Parcels Map. These modifications encompass changing several parcels on Blocks 99 and 199 from "To be Acquired for Public Facilities'' to "To be Acquired for Clearance and Redevelopment". In addition, one parcel on Block 198 shall be changed from To be Acquired for Clearance and Redevelopment" to "To be Acquired for Public Facilities"; all as set forth in said Map which is attached hereto and made a part hereof. 6. That this Resolution take effect immediately upon its adoption. Unanimously carried. On motion the meeting was adjourned at approximately 8:30 p.m. &,J Geo. A. Blear, City Clerk J ck K. Kiely, Mayor � ; V 1 e� COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. March 5, 1969 PRESENT: Mayor - Kiely Aldermen (14) - Sullivan, Saccucci, Slattery, Holland, Bangs, Anderson, Rundle, Spano, Nordheirer, Stallman, Jones$ Boronkay, Tolles, Feldt Attorney - Barrett Youth Bureau Director - Cutia Controller - Russell Housing Authority Director - Armstrong Clerk - Blean Planning Director - Kasprzak Deputy Clerk - Grey All present stood and were led by the Mayor in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. The meeting was held in the Performing Arts Center at Ithaca College for the purpose of being televised. MINUTES: Minutes of the last regular meeting and the special meetin- held on February 226, 1999 were approved. No. 9 FIRE STATION: Mr. Wm. Floyd, 107 Dryden Road, urged the Council to do something about old No. 9 Fire Station. He spoke of the shortage of housing in the area and felt the building should either be sold for commercial and/or housing use, or torn down and the site made available for off-street parking. Alderman Spano called attention to a L.> resolution of the Council, dated.,Deeemb�er.T, 1966-, designating the site for off-street parking. Mayor Kiely spoke of a;..citi�.ens,' group on East Hill who were undertaking a study of the future uses of areas in' Collegetown on East Hill and pleaded with the Council for a,delay in its decision about this matter in deference to the study being made. ._ ZONING.,:MAP_AMENDMENT: Morris M. Shulman presented a written request on behalf of Lou Baxnard`s. Bowl-O-Drome at 401 Third Street that the zoning map be amended by changing toe blo, k' from-Third to.First Street,running west to east along Adams Street,from_R-3 to an I=2 strict. ' Mayor Kiely refereed Mr shiu anrs reiiuest to the Planning Boarfl for stu�y and..recommendation; e re PUBLIC,HOjTSTNG The.Cler1t read a letter from the Chairman of`the`Ithaca Housing Authority xp sing a further need of.,additional units of Public Housing in the City and request,e ing'the Councii to amend its `present Cooperation Agreement with the Authority from the present status of three hundred units to six hundred units . During a ,discussion it was stated that the J uthority` had not acted oi3 the request. By Alderman Saccucci: seconded by Alderman Jones RESOLVED, that action on the request for 300 additional units of public housing be delayed at this time. By Alderman Tolles:` seconded by Alderman Bangs RESOLVED, that the foregoing motion be tabled. Unanimously carried. VINCENT ,GIORDANO APPOINTMENT: The Clerk read a letter from the Building Commissioner recommending that Vincent Giordano"be,appointed as a member of the Board of Appeals on Building Code to succeed Mr. 'W. H. Elwood who appears to be no Longer eligible to serve in this.capacity: Mayor Kiely declared Mr. Elwood's' term vacant, announced his appointment of Vincent Giordano to succeed Mr. Elwood for the term ending December 31, 1969, and requested approval of his appointment. By Alderman Feldt: seconded by Alderman Saccucci RESOLVED, that the Mayor's appointment of Vincent Giordano as a member of the Board of Appeals on Building Code for the term ending December 31, 1969 be approved. Carried. ANNEXATION, The Planning. Board recommended that action be taken to follow through on t e two requests for annexation one- from Mr. Ceracche and the'other from Mr. Rankin, both in''the West Hill area along Mecklenburg Road. It recommended further that before the completion of annexation proceedings, both of the applicants be required to present plans for the development- of the respective areas and that the City Assessor be ieq'ue' st#d tor estimate the possible tax addition to the City budget 'and transmit it to Council. By Alderman Jones: seconded by Alderman Feldt RESOLVED, that the matter be referred to the Charter & Ordinance Committee and City Assessor for further study and report. Carried. e� 4 -2- March 5, 1969 W. BUFFALO STREET RIGHTS-OF-WAY: The Planning Board recommended purchase of all of the land indicated by the Board of Public Works as needed for the extension of West Buffalo to West State Street. It recommended also that any land left over and not needed for street purposes be held in reserve by the City for future determination as to its use. By the same token the Planning Board felt that the lands presently owned by the CYO organization adjacent to golf course be acquired by the City and held in reserve in the same manner. By Alderman Jones: seconded by Alderman Sullivan RESOLVED, that the Planning Board's recommendations be referred to the Finance Committee for study and report. Carried. WILD FLOWER PRESERVE: The Planning Board recommended action to designate an area of natural resources in the Six Mile Creek area as a "Wild Flower Preserve", and felt the matter should be referred to the City Attorney for study and recommendation. The Planning Board's recommendations were referred to the City Attorney and Charter & Ordinance Committee for further study and report. MINI-POOL: The Clerk read a letter from the Finger Lakes State Parks Commission enclosipg copies of an assistance contract for execution to provide for payment of State grant-in- aid for a Southside Mini-Pool. Alderman Slattery recommended approval of the contract tp provide State aid in the amount of $16,000.00 for purchase of a mini-pool which was authorized by the Council on December 4, 1968. By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the Mayor be and he hereby is authorized and directed to sign and execute on behalf of the City of Ithaca, under its Corporate Seal, a contract between the City of Ithaca and the State of New York requesting State aid for acquisition and construct ion of a "Mini-Pool" in the Southside area, Project 68-2021, at a total estimated cost of $32,000.00. Carried. t INLET PARK DEVELOPMENT - STAGE II: The Clerk read a letter from NYS Conservation Dept. advising that the first phase development of Cass Park, Project No. 31-00053, or Stage II had been approved by the Bureau of Outdoor Recreation for 50% fund assistance, Copigp of the contract agreement were enclosed for execution. By Alderman Feldt: seconded by Alderman Boronkay RESOLVED, that the contract agreement as presented be approved; and that the Mayor be authorized to sign and execute it on behalf of the City, under its Corporate Seal. Carried. RECREATION PROJECT FOR THE ELDERLY: The Clerk presented an application for submission to the State Adult Recreation Council and Commissioner of Education for approval of a recreation program for the elderly people from April 1, 1969 to March 31, 1970, sponsored by the Tompkins County Senior Citizens' Council, Inc. He reported it had been prepared by the Senior Citizens Council and showed a total estimated expense of $13,010.00 with the City's share amounting to $1,710.00 subject to state reimbursement at the rate of 50% which would make a net contribution by the City of $855.00. By alderman Tolles: seconded by Alderman Stallman RESOLVED, that the budget as presented in the total gross amount of $1,710.00 as the City's share of the cost of providing recreation for the elderly for the period from April 1, 1969 to March 31, 1970 be approved; and that the Mayor be authorized to sign and execute it on behalf of the City, under its Corporate Seal, and submit it to New York State Adult Recreation Council, Albany, New York for its approval. Carried. The Clerk then presented an agreement between the City and Tompkins County Senior Citizens' Council, Inc. providing for the operation of the program on a contractual basis. He advised it was similar to the agreement in effect during the past several years and recommended its approval. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the agreement as presented be approved; and that the Mayor be authorize4 to sign and execute it on behalf of the City, under its Corporate Seal. Carried. BINGO INSPECTOR: The Clerk recommended the appointment of George J. Kleem an as a Bingo' Inspector part-time) at the rate of $6.00 per night of inspection. By Alderman Feldt: seconded by Alderman Tolles RESOLVED, that the Clerk-s recommendation be referred to the Finance Committee for study and report. Carried. 155 -3- March 5, 1969 BIDS - VOTING MACHINE: The Clerk requested authorization to advertise for bids for a new voting machine. By Alderman Tolles: seconded by Alderman Saccucci RESOLVED, that the Clerk be authorized to advertise for bids on furnishing the City with one new voting machine to replace an obsolete one. Carried. SIDEWALK ASSESSMENTS: The Clerk reported the Board of Public Works had levied assess- ments for the construction of sidewalks during 1968 and recommended them to Council for final confirmation. By Alderman Nordheimer: seconded by Alderman Boronkay WHEREAS, the Board of Public Works levied sidewalk assessments on January 22, 1969 for the construction of sidewalks at 107 Auburn Street, 1010 N. Cayuga Street, 207 Willow Avenue, and 209 Willow Avenue respectively, and WHEREAS, a public hearing thereon was held by the said Board on March 5 , 1969 at which, time the Board took action to finally approve said assessments and file a schedule thera- of with the Council for confirmation and final approval, NOW THEREFORE BE IT RESOLVED, that said assessments in the total amount of $1,073.60 be and the same hereby are approved and confirmed, and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of CCU said assessments; ant that the Mayor and City Clerk be authorized to sign and execute said V*' Warrant, whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessments or portions thereof remaining unpaid aftgr the expiration of six months from the date of said warrant, the City Chamberlain shall add and collect the percentage thereof at the rate of 5% per annum except and provided however that the City Chamberlain may allow persons to pay their assessment if the aggregate amount exceeds $25.00, in five equal installments with interest at 5% on or about June 1st in each year, provided however, that any person desiring to pay by instal- ments shall make application promptly in writing to the City Chamberlain; and all properties having such assessments or portions thereor of installment payments thereof in arrears, and remaining unpaid at the close of any city tax collection period shall b$ included by the City Chamberlain in a subsequent city tax sale held in November each year following such city tax collection period; and such property shall be sold for any unpaid assessments or portions thereof or any unpaid installments together with the outstanding balance of such installment payments, together with all interest, fees and penalties that may have accrued. AYES: 14 NAYS 0 Carried end approved by the Mayors SEWAGE TREATMENT PLANT FACILITY - STATE AID: Controller Russell reporte at e final State audit on Project WPC-NY-267, Vacuum Filtration Facility at Sewage Treatment Plant, had been completed indicating that a final payment of State aid in the amount or $10,391.00 was now due the City. He recommended that the Mayor be designated to sign contracts regarding this matter. Action was taken thereon as follows: A RESOLUTION OF THE CITY OF ITHACA, NEW YORK, AUTHORIZING THE FILING OF AN APPLICATION FOR STATE AID FOR CONSTRUCTION OF SEWAGE TREATMENT WORKS (Sec. 1263-b of the Public Health Law) By Alderman Tolles: seconded by Alderman Stallman WHEREAS, Section 1263-b of the Public Health Law of New York State and various Federal laws provide financial aid for the construction of sewage treatment works; and WHEREAS, the City of Ithaca, New York, herein called the Applicant, has final engineerigg plans for sewage treatment works generally described as Vacuum Filtration Facility at Sewage Treatment Plant, Project WPC-NY-267 which plans have been prepared and approved in accordance with Article 12 of the New York State Public Health Law, and intends to proceed with the construction of such works; now THEREFORE BE IT RESOLVED by theCamnon Council of the City of Ithaca, New York, the governing body of said Applicant, as follows: 1. That Jack K. Kiely, Mayor, be authorized to make application for State construction aid and provide the State of New York such information, date and documents pertaining to the application for a grant as may be required, and otherwise act as the authorized representative of the Applicant in connection with said application; 2. That the Applicant agrees that if a Federal grant or grants andState assistance for the sewage treatment works are made pursuant to the Federal Water Pollution Control Act, as amended ( 33 U.S.C. 446 et seq.) , or any other Federal Law or program, and Section 1263-b of the New York State Public Health Law, the City of Ithaca, New York will pay the remaining costs of the approved construction; 156 -4- March 5 , 1969 3. That all statements, data and supporting documents made or submitted by the Applicant in connection with any application for Federal assistance for the proposed construction are to be deemed a part of the application for State assistance ; 4, That the Applicant agrees to comply with the assurances specified in Section 44.17 of the Administrative Rules and Regulations of the State Department of Health (10 NYCRR 44.17) ; 5. That seven (7) certified copies of this resolution be prepared to accompany an application for State aid for the construction of sewage treatment works. AYES: 14 NAYS: 0 Carried. CHASE MANHATTAN BANK AGREEMENT: Controller Russell presented and recommended approval of an agreement with Chase Manhattan Bank providing for the bank's services as paying agent for the City for principal and interest on the City's bonds . By Alderman Tolles: seconded by Alderman Boronkay RESOLVED, that the agreement with Chase Manhattan Bank as recommended for approval by the City Controller be and it hereby is approved; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City under its Corporate Seal. Carried. SALE OF SURPLUS EQUIPMKTT: The Controller requested authorization to dispose of surplus accounting machine equipment in the City Chamberlain's office no longer needed as work had w been transferred to the NCR computer. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the Controller's request be approved and that the City Clerk be authorized to advertise for bids on the sale of surplus accounting machine equipment in the City Chamberlain's office. ' Carried. ROBERT FITZPATRICK - LEAVE: On recommendation of the Controller action was taken to grant Rc',)ert Fitzpatrick a leave-of-absence as follows: By Alderman Tolles: seconded by Alderman Jones RESOLVED, that Robert Fitzpatrick, a Clerk in the City Controller's Office, be granted a military leave-of-absence. Carried. 4 FINGER LAKES ASSN. AGREEMENT: Alderman Tolles reported that funds had been included in the 199-9—tentative budget for an agreement with Finger Lakes Association for publicity services for 1969 and he recommended approval of an agreement for this purpose. By Alderman Tolles: seconded by Alderman Anderson RESOLVED, that the Council hereby approves an agreement with Finger Lakes Association in the amount of $863.97 covering publicity services for the year 1969; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City under its Corporate Seal. AYES: -33- 12- NAYS: Z.' - - Stallman, KostotMir"iLA CCo,eKat 4 ¢ �, Carried. SPCA AGREEMENT: Alderman Tolles presented a request received from Tompkins County SPCA for renewal of its agreement covering the services of a Dog Warden and other related services for the year 1969 for the annual fee of $5,400.00. He advised funds for this purpose were included in the 1969 tentative budget also. By Alderman Tolles: sec onded by Alderman Boronkay RESOLVED, that the Council approves the renewal of the agreement with the Tompkins County SPCA for the year 1969 under its present terms and conditions - for the stipulated fee of $5 ,400.00; and that the Mayor and City Clerk be authorized and directed to sign and execu#fe it on behalf of the City, under its Corporate Seal, and forward it to the NYS Dept. of Agriculture & Markets for final approval. Carried. APPROPRIATION - GARAGE: Alderman Tolles reported the Board of Public Works had requested an appropriation of 2,500.00 to finance wiring repairs at the Municipal Garage. He reported the Finance Cormittee had reviewed the request and recommended its approval. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the 1969 tentative budget be amended by adding to budget account A 108 thereof, Municipal Garage, the sum of $2,500.00 to finance an improvement in the wiring system of the garage dictated by safety requirements. Carried. AUDIT: By Alderman Stallran: sec, by Alderman Tolles RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $13,092.44,as listed on audit abstract #3-1969, be approved for payment. Carried. 157 -5- March 5, 1969 TUITION FOR CITY EMPLOYEES: By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the Common Council hereby approves the establishment of a program whereby an employee of the City of Ithaca shall be entitled to reimbursement of one-half the cost of his or her actual expenses for tuition and/or fees incurred as the result of attending; school, outside normal working hours, for the purpose of furthering his or her education subject to the following conditions: 1. That an application for reimbursement of one-half of such tuition and/or fees shall be filed with the City Controller. 2. That the application shall provide such information, including proof of satisfactory completion of an educational course, as may be required by the Controller, and it shall be subject to his approval. And, BE IT FURTHER RESOLVED, that this resolution shall take effect immediately and remain in effect through June 30, 1970. Unanimously carried. CODE AMENDMENT NO. 1-1969: Alderman Nordheimer presented and recommended adoption of an amendment to the Code of Ordinances which was acted upon as follows: By Alderman Nordheimer: seconded by Alderman Feldt BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of same that Chapter 15 , Article IX, Section 15-187.1, truck routes system, be amended by adding thereto a new sub-paragraph (c) (3) to read as follows: (c) 3. Buses being operated by public or private schools. Effective upon publication. {,3 AYES: 11 - Sullivan, Saccucci, Slattery, Holland, Bangs, Anderson, Rundle , Spano, Nordheimer, Stallman, Feldt. NAYS: 3 - Jones, Boronkay, Tolles . Carried and approved by the Mayor BIDS - POLICE PATROL CARS: Alderman Sullivan reviewed bids received on February 3rd, as recorded in the minutes of the last meeting, for furnishing the Police Department with si4 new patrol cars and recommended acceptance of the bid received from Cayuga Motors. By Alderman Sullivan: seconded by Alderman Slattery WHEREAS, bids on automobiles to be used as Police Patrol Cars, which were received by the City Clerk on- February 3, 1969, have been reviewed by the Public Safety Committee of the Council, and WHEREAS, the Chief of Police has recommended acceptance of the low bid submitted by Cayuga Kotor Sales Corporation, NOW THEREFORE BE .IT RESOLVED, that the recommendation of the Chief of Police be accepted and approved; and that a contract for furnishing the City with six 1969 Ford Custom 4-door sedans hereby is awarded to Cayuga Motors Sales Corporation in the net amount of $11,234.00 in accordance with the terms of the bid as submitted; and that the cost thereof be charged against the 1969 Police Department budget account A-82. Carried. BIDS - POLICE TRUCKSTER: Alderman Sullivan reported that bids had been received on February 10th for furnishing the Police Department with a 3-wheel truckster vehicle as follows: Type Gross Trade-In Net Bid Edwards Industrial Sales Traffic-Master $1,880.00 $480.01 $1,399.99 Grass Cutting Equipment and Supply Cushman 2,000.50 190.00 1,810.50 He recommended acceptance of the low bid. By Alderman Sullivan: seconded by Alderman Spano WHEREAS, bids on 3-wheel truckster type motorcycle to be used as a motor service motor- cycle by the Police Department, which were received by the City Clerk on February 10,1969{ have been reviewed by the Public Safety Committee of the Council, and WHEREAS, the Chief of Police has recommended acceptance of the low bid submitted by Edwards Industrial Sales; NOW THEREFORE BE IT RESOLVED, that the recommendation of the Chief of Police be accepted and approved; 'and that a contract for furnishing the City with one 1969 3-wheel Traffic Master'Westcoaster Truckster be and hereby is awarded to the Edwards Industrial Sales in the net amount of $1,399.99 in accordance with the terms of the bid as submitted; and that the cost thereof be charged against the 1969 Police Department budget, account A82. Carried. ANNUAL REPORT: Alderman Sullivan presented the annual reports for 1968 of the Police Department, Fire Department, and the Sealer of Weights and Measures. Copies of these reports were distributed to the aldermen. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the reports be received and placed on file. Carried. -6- March 5, 1969 BIBBINS HALL: Alderman Sullivan reported good ,.progress on the rennovation of Bibb�ns-Hall and indicated- that construction of the cell blocks were two weeks ahead of schedule. YOUTH CADET CORPS: Alderman Holland suggested th;; establishment of a Youth Cadet Corps.,-., within the Police and Fire Departments. Alderman Sullivan invited.him to meet with-the, Public Safety Committee for�a`d'iscussian of his suk estion. NORTHERN LIGHTS BRIDGE CONTROVERSY: Alderman Stallman reported the Special Committee,:on the Northern Lights Bridge matter had compiled a lot of information and data during s.ix meetings it had held recently on this subject. He indicated the Committee had publicly - , invited anyone who had other information to appear before it, but no one had responded, He stated the Committee's final report was being prepared and predicted it would be delivered to the Mayor or or before March 10th, BILL POSTING: Alderman Spano inquired about the status of his request for an amendment to Sec. l6-3 of the Code dealing with bill posting. He was informed it would be discus.sed at the Charter &`'Ordinance Comnittee's next meeting, MONTHLY AUDIT: Alderman Saccucci recommended that the Council's monthly audit sheet be published in the Ithaca Journal. Controller Russell pointed ,out that the Council's monthly audit is only a small part of the City's total expenses since the* Board of Public Works has two audits each month and the Board of Fire Commissioners has, another audit each month. The expenses of such publication was considered whereas Alderman Sac.cucci, was under the impression it would be done as a news item without expense to the City. No action was taken on the matter. On motion the meeting was adjourned. at approximately 9:15 p.m. r Geo. A. Blean, City Clerk Jack K. Kiely, M o f 5 J I 159 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK SPECIAL MEETING 7:30 p.m. March 19, 1969 PRESENT: Mayor - Kiely Aldermen (12) � Sullivan, Saccucci, Slattery, Holland, Bangs, Anderson, Rundle, Sp9no, Nordheimer, Jones, Boronkay, Tolles ABSENT: Aldermen (2) - Stallman, Feldt OTHER PRESENT: Attorney - Barrett Urban Renewal Staff - Daley Controller - Russell - Bmm Youth Director - Cutia - Mulvey Police Commissioner - Withiam Deputy Clerk - Grey Mayor Kiely announced he had called this special meeting so that a public hearing cou?R be had for the purpose of determining whether the proposed disposition of land agree- ment in connection with the Center-Ithaca Project I, should be executed. PUBLIC HEARING - CONTEMPORARY TRENDS INC. - Grigor Grigorov and his architect showed ! and discussed his plans for the area. After a question and answer period Mayor Kiely inquired if anyone else wished to be heard on this matter. No oneresponded. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the hearing be closed. Carried. Mayor Kiely then declared a 10-minute recess so that the Council could have time to discuss the proposal. At 7:45 p.m. Mayor Kiely reconvened the meeting to vote on the proposal submitted by Contemporary Trends. By Alderman Rundle: seconded by Alderman Jones WHEREAS, the Contemporary Trends, Inc., a domestic corporation has submitted a redevelpp- ment proposal in connection with the Center-Ithaca Urban Renewal Project I such proposa being incorporated in a proposed contract for the sale of land for private which proposed contract is on file at the office of the Ithaca Urban Rereaal Agency, a_ , WHEREAS, the said Contemporary Trends, Inc. has been heretofore duly designated by the Ithaca Urban Renewal Agency as a qualified and eligible sponsor pursuant to the provisions of Clause (1) of Sub-section (c) of sub-division 2 of Section 507 of the General Municipal Law without public auction, sealed or matched bids, and WHEREAS, the Ithaca Urban Renewal Agency has duly caused to be published in the Ithaca Journal, a local news media, public notice of the date and time of this hearing pursuant to the applicable provisions of law which notice included among other things the price to be paid and all other essential terms and conditions of said proposed disposition,aAA WHEREAS, the Common Council of the City of Ithaca has conducted a public hearing in connection with such proposed disposition, said public hearing being held on Wednesday; March 19, 1969 at 7:30 p.m. which date is not less than ten f 10) days after- the publics tion of the notice of said public hearing, and WHEREAS, upon said public hearing Grigor Grigorov, President of Contemporary Trends, I4F. appeared in favor of said proposed disposition agreement and no one appeared in opposi on thereto as reflected in the official minutes of the Common Council of the City of Ithaly Rr'; WHEREAS, due deliberation has been had herein, NOW THEREFORE BE IT RESOLVED: (1) That the proposed disposition agreement including the sale of the land described therein for the sum of Twenty-Two Thousand Dollars ($22,000.00) to the said Contemporay Trends, Inc. be and the same is hereby approved, and (2) That the Chairman of the Ithaca Urban Renewal Agency be and he hereby is authoriz9P to execute all disposition documents in connection with said sale, said Chairman being't hereby designated as the specified municipal officer as provided in PART 1802.2 (b) (3) (iii) of the Rules and Regulations of the New York State Department of Housing and Community Renewal. Carried. On motion the meeting was adjourned. Robert G. Grey, Deputy City Clerk Jack K. Kiely, Mayor 160 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting T:30 p.m. April 2, 1969 PRESENT: Mayor -- Kiely Aldermen(12) - Jones, Nordheimer, Spano, Rundle, Anderson, Bangs, Holland, Slattery, ABSENT; Saccucci, Sullivan, Tolles , 1oronkay Aldermen (2) - Stallman, Feldt OTHERS PRESENT! Attorney - Barrett Asst. to Supt. - Dougherty Police Commissioner - Withiam Building Conan. - VanMarter Chief of Police - VanOstrand Controller -• Russell Urban Renewal Director - Daley Chamberlain - Wright Housing Authority Director - Armstrong Clerk - Blean City Planner - Kasprzak Deputy Clerk - Grey Supt. of Public Works - DinpMan Mayor Kiely introduced and welcomed William R. Wilcox, Jr. , a declared candidate for the office of Mavor, to the meeting. All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing for a moment in silent prayer. ✓ S. AURORA STREET: At the request of Alderman Boronkay those present remained standing fpr, ' another moment in silent prayer in respect to the memory of Mr. Arthur M. Fisher who lost his life in a run-a-way truck accident on April 1 on South Aurora Street. Alderman Jones then offered the following resolution. By Alderman Jones: Seconded by Alderman Boronkay RESOLVED, that the Common Council requests the Planning Board to meet with the Tompkins County Planning Director and his staff and seek a Joint solution to the City's southern entrance, its alternatives and connections, and report its findings to the Council by its June meeting. Carried. MINUTES: Alderman Nordheimer asked that the minutes of March 5th be corrected to reflect his negative vote on approval of the Finger JAkes Association agreement for publicity services. It was so ordered. By Alderman Nordheimer: seconded by Alderman Sullivan RESOLVED, that the minutes of the last regular meeting, as amended, and the special meeting held on March 19th be approved. Carried. Alderman Holland entered at this point in the proceedings. TURNKEY HOUSING PROJECT: The Clerk read a letter from the Housing Authority requesting approval of a sixteen-unit turnkey housing proposal on Hancock Street submitted by Larry Caldwell. He also read a letter from Gregory Kasprzak, Planning Director, advising the proposal had been approved by the Planning Board. By Alderman Saccucci: seconded by Alderman Slattery WHEREAS, the Ithaca Housing Authority has advertised for and received proposals for low rent public housing to be produced by the "Turnkey" method of construction, and WHEREAS, the Ithaca Housing Authority did by formal Resolution #85 approve sixteen (16) unit project proposal submitted by Larry Caldwell, Ithaca, New York, and WHEREAS, the Housing Assistance Administration has approved said project, plan and site and WHEREAS, the City of Ithaca Planning Board, did at its regular meeting approve said project, plan and site and forwarded recommendation to Council, BE IT THEREFORE RESOLVED by this Common Council assembled, that the Ithaca Housing Authority Project NY54-4, plan and site be and is hereby approved, and BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca, be instructed to for- ward, without delay, three (3) certified copies of this revolution to the Ithaca Housing Authority. Carried. ZONING MAP AMENDMENT: The Clerk read a letter from the Planning Director advising that the Planning Board recommended amdnding the Zoning Map by changing the block bounded by Firs#, Third, Franklin and Adams Street from R-3 to a B-2 zone. It was indicated that this change would satisfy a request received from Mr. Shulman at the last meeting. By Alderman Nordheimer: seconded by Alderman Saccucci RESOLVED, that the Council approves the Planning Board's recommendation; and that the Clerk be directed to advertise a public hearing thereon to be held at the next regular meeting of the Council to be held on May 7, 1969. Carried. ,... .. in wom vo C7 ( is ply ;WjnKw nww A�YTGO 1�0 &TOM QTSS; lips, YAM Pont tva OwN on ; V�� ASOW 170j(Hu low Vkhah chops ma yo Y�q�wwjl' Mv, 014151 Wn�: A COW: �10 5 7=100102, who YAWN painnyly no ;h: Now PPAIMA nw&o wa q: o VOCAM? Ww. 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By Alderman Jones: seconded by Alderman Boronk ay RESOLVED, that the Planning Board's recommendation be referred to the Finance Committee for study and the Board of Public Works for implementation. Carried. TAX COLLECTION: The Clerk read a letter from the City Chamberlain requesting the Council to authorize him to seek an extension of time until June lst for collection of State and County taxes in the City. By Alderman Tolles: seconded by Alderman Bangs RESOLVED; that pursuant to Section 938 of the Real Property Tax Law, the City Chamberlain be authorized to make an application to Tompkins County Treasurer for an extension of time until June 1, 1969 for the collection of State and County taxes within the City of Ithaca for the reason that he has been unable to collect all the taxes that can be collected in the City. Carried. MRS. CAROL DAVENPORT: The Chamberlain recommended the provisional appointment of Mrs. Carol Davenport as an Account Clerk in his office to fill a vacancy. By AldermanJones: seconded by Alderman Nordheimer RESOLVED, that Mrs. Carol Davenport be appointed provisionally to the position of Account Clerk in the City Chamberlain's office at an annual salary of $4,214.00, the minimum of grade 19 in the Compensation Plan, effective as of March 31, 1969; and that the Civil Service Commission be requested to hold an examination for this position. Carried. RETARDED CHILDREN: The Clerk read a letter from Vincent Giordano, President of Tompkins County Chapter of-Retarded Children,thanking the Council for its financial support and inviting aldermen to an open house at the Association's Center at 120 E. Buffalo Street on April 16th, from 1:00 to 3:OO p.m. MAPS: The Clerk read a letter from Tompkins County Chamber of Commerce enclosing copieq of a new City-County map for distribution to Aldermen. MC GRAW HOUSING, INC. PROJECT: The Clerk read a letter from John C. Barney, attorney for McGraw Housing, Inc. , requesting approval of a project for low-income housing. for the elderly: He advised that the project must be approved first by the Planning Board after a public hearing and then by the Council (again after a Public Hearing). He requested the Council to hold a public hearing thereon at a special meeting on April 23rd. By Alderman .zones: seconded by Alderman Holland RESOLVED, that the matter be referred to the Planning Board and upon its approval the Mayor be authorized •to call a special meeting of the Common Council on April 23rd for the purpose of holding a public hearing thereon as requfred, and BE 'IT FURTHER RESOLVED, that the Clerk be authorized and directed to advertise said public hearing to be held by the Council on April 23rd. Carried. PARKING STUDIES: The Clerk read a letter from the Chamber of Commerce advising that the Ithaca Merchants' Park IN Shop Corp. had voted to allocate $3,000.00 toward the State Urban Development Corporation's proposed parking feasibility studies for subterranean an¢ ramp parking in downtown Ithaca. It also urged the Council to endorse the proposed parking structures . Mayor Kiely advised that a total of $117,500.00 had been raised by community effort to finance thesestudies and that Mr. Edward Logue, President of New York State Urban Development Corp. , was expected to make a visit to Ithaca on or about April 9th at which time Memorandums of Agreement would be executed. He felt the alder men would be receiving invitations to this meeting soon and urged them to attend. TELEVISION CABLES: The Mayor read, and distributed, a letter from David Saperstone criticizing the appearance of overhead cables and wires installed by Ceracehe Television throughout the .City. He referred it to the Charter & Ordinance Committee for study and report. PUBLIC HEARING - LOCAL LAWS: The Clerk reported the Mayor had held a public hearing on March 10th on two Local Laws adopted by the Council on March 5th dealing with reapportionment and the election of aldermen from newly apportioned wards . He advised np one appeared at the hearing, that the Mayor had approved both laws, and they had been filed with the Secretary of State as required by law. 6 -3- April 2 , 1969 POLLING PLACES: The Clerk presented and reviewed a list of proposed polling places under the new wards and districts approved by the Council on Feb. 26, 1969. He called attention to the fact that Primary Day had been set for June 17th and that polling places should be designated for use on that day if different from those used last year. He recommended consideration of the new polling places for designation. By Alderman Spano: seconded by Alderman Boronkay RESOLVED, that the following be and hereby are designated as polling places in each election district in the City of Ithaca, New York, at which primaries shall be held on June 17, 1969, and at which the registrations of voters, elections and primaries shall be held during the year following October 1, 1969: FIRST WARD lst District 101 Sunrise Road U.S. Army Reserve Center 2nd District 626 West State Street No. 6 Fire Station 3rd District 626 West State Street No. 6 Fire Station SECOND WARD lst District 119 Third Street North Side House 2nd District 312 N. Cayuga Street Tompkins County Library 3rd District 310 West Green Street Central Fire Station THIRD WARD lst District 309 College Avenue No. 9 Fire Station 2nd District 109 Oak Avenue Lutheran Church 3rd District 502 Mitchell Street Belle Sherman School FOURTH WARD lst District 1012 N. Tioga Street No. 7 Fire Station 2nd District 1012 N. Tioga Street No. 7 Fire Station 3rd District Corner of King & Aurora St. Fall Creek School FIFTH WARD lst District 402 N. Aurora Street St. Paul's Methodist Church 2nd District Corner of King & Aurora St. Fall Creek School 3rd District Cornell Campus Noyes Lodge SIXTH WARD lst District 310 West Green Street Central Fire Station 2nd District 520 Hudson Street South Hill School 3rd District 520 Hudson Street South Hill School SEVENTH WARD lst District 105 Stewart Avenue East Hill School 2nd District 309 College Avenue No. 9 Fire Station 3rd District 502 Mitchell Street Belle Sherman School Carried. ANNUAL REPORT - CITY CHAMBERLAIN: The Clerk reported receipt from the City Chamberlain of his annual report for the year 1968. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that the Chamberlain's report be received and placed on file. Carried. WEST BUFFALO STREET RIGHTS-OF-WAY: Alderman Sullivan inquired about the status of acguirj ing rights-of-way for the extension of West Buffalo to State Street. Attorney Barrett reported that negotiations were in the process for acquisition of the necessary land in the area and that if successful arrangements for their purchase through negotiation could not be made, then he would have to start condemnation proceedings. He reported some purchase offers had been accepted, others had not, and that one owner absolutely refused to negotiate. INTEREST RATES: The Controller reported that both local banks had requested an increase in interest rates on the City's outstanding temporary loans from 3.75% to 4.5%. The Finance Committee recommended approval. By Alderman Tolles: seconded by Alderman Boronkay RESOLVED, that the Controller be authorized to pay interest at the increased rate of 4.5% on all the City's outstanding temporary loans to the Tompkins County Trust Company and the First National Bank & Trust Company. Alderman Holland abstained from voting. Carried. 16 -4- April 2, 1969 BOND ISSUE - BIBBINS HALL: The Controller reported that the total estimated cost of the renovation of Bibbins Hall as a police and city court facility had increased from the amount originally authorized by bond issue of $250,000.00 to a new total of $470,000.00 and he asked for permission to have a new bond resolution prepared to reflect the present anticipated cost. By Alderman Sullivan: seconded by Alderman Holland RESOLVED, that the Controller be authorized to engage the services of the City's bonding attorneys to prepare an amended bond resolution for the financing of the purchase and renovation of Bibbins Hall by increasing it from $250,000.00 to $U7O,000.00. Carrie d. TRAFFIC VIOLATIONS BUREAU: Controller Russell recommended upgrading the position of Account Clerk in the Traffic Violations Bureau to that of Senior Account Clerk. He advised that this proposal had been approved by the Finance Committee and funds included for thir, purpose in the tentative budget. He presented a tabulation of tickets processed by the Bureau from June 1967 to March 1969 indicating that the number increased from 13,377 in 1967-68 to 26,319 in 1968-69 and that the revenues derived increased from $21,250.00 in 1967-68 to $41+,448.00 in 1968-69. By Alderman Jones: seconded by Alderman Tolles RESOLVED, that the position of Account Clerk in the Traffic Violations Bureau be upgraded to that of Senior Account Clerk. Alderman Sullivan felt that 75% of the work was clerical and did not feel that upgrading r' of this position was justified. He recommended that the Finance Committee look over the operation of the Bureau and determine if two supervisors are needed. By Alderman Sullivan: seconded by Alderman Slattery RESOLVED, that the matter be tabled and referred back to the Finance Committee for further study and report. Motion carried. 1969 COMPENSATION PLAN: Controller Russell presented a schedule showing all changes in the. Compensation Plan brought about by negotiations with the various groups of Bargaining Agents and all other changes authorized to date and he recommended it for final approval,, By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the 1969 Compensation Plan as presented this 2nd day of April 1969 by the City Controller be approved subject to all the rules and regulations relative thereto eA last amended. Carried. ANNUAL REPORT - CITY CONTROLLER: Controller Russell presented his annual report for the fiscal year ended December 31, 1968. By Alderman Nordheimr: seconded by Alderman Spano RESOLVED, that the City Controller's annual report for 1968 be received and ordered filed. Carried. BINGO INSPECTOR: The Finance Committee recommended approval of the Clerk's request for appointment of a Bingo Inspector. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that George J. Kleeman be appointed as Bingo Inspector (part-time) at the rate of $6.00 per night of inspection. Carried. COMMUNITY RENEWAL GRANT: The Finance Commitee recommended approval of the Planning Board's request, submitted February 5 , 1969, for approval to submit an application for financial aid under the Community Renewal Program (CRP) . By Alderman Tolles: seconded by Alderman Slattery WHEREAS, under Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to make grants for the preparation or completion of Community Renewal Programs; and WHEREAS, it is desirable and in the public interest that the City of Ithaca prepare a Community Renewal Program for the City of Ithaca, situated in the County of Tompkins and State of New York, and WHEREAS, it is recognized that the federal contract for a grant to assist in the pre- paration of the Community Renewal Program will require, among other things, (1) preparation by the City of Ithaca of the Community Renewal Program with all practicable dispatch; (2) conformance of the Community Renewal Program with the general plan of the locality as a whole; (3) provision of the locality's share of the cost of preparation of the Community Renewal Program; and (4) other local obligations and responsibilities in connection with the preparation of the Community Renewal Program: 16 -5- April 2, 1969 NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Ithaca: 1. That the preparation of the Community Renewal Program referred to above by the City of Ithaca is hereby approved. 2. That the financial assistance under Title I of the Housing Act of 1949, as amended, referred to above, is required to enable the City of Ithaca to finance the preparation of the Community Renewal Program. 3. That it is fully cognizant of the obligations and responsibilities that are imposed by a Federal contract for a grant to assist in the preparation of a Community Renewal Program; and that it is the sense of this body that such obligations can and will be fulfilled. 4. That the filing of an application by the City of Ithaca for a grant under Title of the Housing Act of 1949, as amended, in an amount not to exceed$102,800 to assist in financing the preparation of a Community Renewal Program for the locality is hereby authorized and approved. Carried. ADMINISTRATIVE ASSISTANT TO CONTROLLER: The Finance Committee recommended the creation ,pf a new position to be known as "Administrative Assistant to Controller". The Controller certified that job specifications for the new position had been submitted to and approved by the Civil Service Commission and that the Commission had approved creation of the position. Alderman Saccucci urged delay for further review as to the necessity for it. Alderman Rundle felt the entire Council should have had an opportunity to review the specifications for the job. Alderman Nordheimer urged approval as did Mayor Kiely who felt it was an absolutely necessary position. By Alderman Tolles: seconded by Alderman Bangs WHEREAS, this Council, on July 10, 1968, authorized the Controller to prepare job specifications for the position of "Administrative Assistant to Controller", and WHEREAS, the Controller has caused this to be done and has certified that said specifica- tions have been approved by the Civil Service Commission, and that the Commission has approved the creation of this new position, NOW THEREFORE BE IT RESOLVED, that the Council hereby approves the creation of a new position to be known as "Administrative Assistant to Controller"; and that the 1969 Compensation Plan be amended by adding thereto the following: Grade Minimum Maximum Administrative Assistant to Controllers l $9,987.00 $1312700 By Alderman Saccucci: seconded by Alderman Slattery -, RESOLVED, that the foregoing motion be tabled for consideration at a subsequent meeting after further study thereof. Motion defeated. A voice vote was then taken on the original motion which resulted in its being carried. Motion carried. JOSEPH SPANO APPOINTMENT: Mayor Kiely announced his appointment of Joseph Spano, 1016 N. Cayuga Street, to the new position of Assistant to Controller and requested Council approval thereof. By Alderman Tolles : seconded by Alderman Bangs RESOLVED, that the Mayor's appointment of Joseph Spano to the newly created position of Administrative Assistant to Controller be approved at an annual salary of $9,987.00, the minimum of grade 41 in the Compensation Plan; and that his appointment shall become effective on April 14, 1969. Alderman Spano abstained from voting. Carried. AUDIT: By Alderman Jones: seconded by Alderman Bangs RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $10,920-75 , as listed on audit abstract #4-1969 be approved for payment. Carried. BILL POSTING: Alderman Nordheimer reported the Charter & Ordinance Committee felt the provisions of Sec. 16-3 of the Code of Ordinances are adequate to control the problems of political and/or other posters and bills. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that the City Clerk be authorized and directed to write to the Chairmen of the local political parties requesting their cooperation in complying with the provisions of the existing ordinance. Carried. PARKING IN METERED AREAS: The Charter & Ordinance Committee recommended no action on tho prohibition of parking in parking meter zones pending a recommendation thereon from the Board of Public Works . 16 -6- April 2 , 1969 ACTING CITY JUDGE: Alderman Nordheimer reported the Charter & Ordinance Committee had been reviewing the City Charter as it relates to the Acting City Judge and in particular to his power to act when the City Judge is in town but cannot be located. He felt any changes made regarding this matter would have to be done by Local Law, which he anticipated might be ready for the Council's next meeting. By Alderman Nordheimer:seconded by Alderman Boronkay RESOLVED, that the matter of salary of the Acting City Judge be referred to the Finance Committee for discussion with the City Judge and report its recommendations thereon at a subsequent meeting. Carried. CHARTER REVISION AND CONSOLIDATION: Attorney Barrett reviewed steps which might be taken to create a regional charter embracing the City of Ithaca, Town of Ithaca and Village of Cayuga Heights. He indicated that the first steps would be to get representatives of the three units of government to sit down and discuss the matter. By Alderman Nordheimer: seconded by Alderman Spano RESOLVED, that the Mayor be authorized and directed to write the Supervisor of the Town of Ithaca and the Mayor of the Village of Cayuga Heights and invite them to meet with City officials for a discussion of the matter. Carried. Mayor Kiely indicated he had written to all former members of the City Charter Revision Commission inquiring if they would be willing to serve again to review the proposed Charter which was defeated when submitted to referendum at the 1968 elections. The purpose of the review would be to revise and resubmit it again to the electorate for approval. WILD FLOWER PRESERVE: By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that the Council requests the Board of Public Works to take positive action to effect the erection of appropriate signs in the Six Mile Creek watershed area adjacent to VanNatta's Dam to aid in the preservation of the unusual variety of wild flowers located there. Carried. DUTCH ELM DISEASE Alderman Nordheimer reported the Charter & Ordinance Committee had reviewed the problems of dutch elm disease and felt that a voluntary approach rather than enactment of a local ordinance dealing with it might be better. He recommended delay at this time pending the results of a program being undertaken by the Board of Public Works to control the disease in the vicinity of DeWitt Park. DENSITY_CONTROL By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that a recommendation of the Planning Board, presented to the Council on Dec. 8, 1968, proposing an amendment to the zoning ordinance relating to density control regulations be referred to the City Attorney for preparation of a, final draft for presentation to the Council at a subsequent meeting. Carried. CASCADILLA-ALBANY SCHOOL GUARD: Alderman Holland recommended a study of the Caseadilla- Albany intersection be made to determine whether or not a school guard is needed there. By Alderman Holland: seconded by Alderman Sullivan RESOLVED, that the Board of Public Works be requested to make such a study and report thereon to this Council. Carried. OFFICE MANAGER: Alderman Nordheimer presented a request from the Board of Public Works fpr the creation of the position of Office Manager in the Construction & Maintenance Divisiol, By Alderman Nordheimer: seconded by Alderman Tolles RESOLVED, that the request be denied. A lengthy discussion en3ue d during which Alderman Sullivan strongly supported the Board's request , Alderman Nordheimer opposed it as did members of the Finance Committee. Superintendent Dingman reviewed the operation of the Water & Sewer Division, which has an office manager, with those of the Construction & Maintenance Division. He felt the need of such a position in the latf r and strongly urged the Council to approve the Board's request. Motion carried. SALVATION ARMY PARKING: Alderman Nordheimer reported the Board of Public Works had recommended the establishment of a No-Parking zone in front of Salvation Army at 121 W. State Street . He advised that when the Board furnished the Attorney with the proper information a suitable draft of an amendment to the traffic ordinance would be prepared for presentation at a subsequent meeting of the Council. 16 7 - April 2, 1969 SLOW BALL SITES: Alderman Holland reported receipt of inquiries about future slow ball sites either at Stewart Park or elsewhere. Mayor Kiely felt that plans for future recreational projects included such sites. ✓ HUMAN RIGHTS: Alderman Holland read a letter from the Human Rights Commission requesting approval of a pamphlet entitled ''Your Rights and the Law" prepared by the Human Rights Commission of Onondaga County with the cooperation of the Syracuse Police Department and the Onondaga Sheriff's Department. By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, that the pamphlet 97Your Rights and the Law" be approved as requested. Carried. On motion the meeting was adjourned at 10:15 p.m. Geo. A. Blean, City Clerk ac iely, Mayo ' r L (IMUMM f�tAt,�l � 1��lll�� IPNtI Cffl'v, 07 ITACA, r11,1 'C14' 167 Special Meeting 7:10 p.m. April 30, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Stallmsn, Spano, Rundle, Anderson, Bangs , Holland, Slattery, Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones ABSENT: Alderman Nordheimer OTHERS PRESENT: Attorney - Barrett Controller - Russell Urban Renewal Chairman - Ce rac the Adm. Aide - Span o Urban Renewal Director - Daley Clerk - Blean Deputy Clerk - Grey Mayor Kiely announced he had called this special me:,ting to consider the following items: 1. Public hearing on McGraw Housing Project. 2. Change in polling place for 3rd District of 5th Ward. 3. Proposed Local Law regarding Acting City Judge. 4. Approval of an amended bored resolution regarding Bibbins Hall. PUBLIC HEARING-MC GRAW HOUSING PROJECT: Mayor Kiely opened the public hearing duly adverT tised for this time and called upon James V. Buyoucos, attorney for McGraw Housing, Inc. who reviewed Sec. 26 of the Privete Housing Finance Law which required that the project be approved by the Common Council and the Planning Board. He advised that the Planning CD Board had held its hearing and approved the project on April 23rd and he presented a copy, of the Planning Board's resolution,. dated April 23rd. Tom Neiderkorn, representing Egne ± and Neiderkorn, planning consultants for the `sponsor, reviewed the project and answered €. questions regarding it. Alderman Tolles read,a letter of intent, dated April 30, 1969, i-Thereby the Ladies Union Benevolent Society agreed to make annual payments in lieu of taxes to the City regarding the project. Janet Cantrell, 228 S. Geneva St. , felt off-street parking prcfided was insufficient. Mr. Buyoucos explained that this phase had been thoroughly discussed with both the Board, of Zoning Appeals and the Planning'Board vho had already approved the project. Mr. Arnold Rabinor, 151 Chestnut Street, asked who would absorb increased rents if estimated cost of the project exceeded estimates. Mr. Neiderkorn felt they would have tq be ,borne by the tenants. Anthony Ceracche, currently engaged in constructing, twenty units of housing on East Hill , questioned the tax exempt status of the project. He felt if he did not have to pay taxes he could offer his units at less rentals than those proposed in the McGraw project. If it is approved in this case will it be approved in other cases?, he asked. Alderman Tolles advised that since McGraw Housing, Inc. is a non-profit organization it gains its exempt status through State law rather than by local aetion. After all present who wished to be heard had an opportunity to do so Mayor Kiely declared the public hearing closed at 8:45 p.m. and announced a five-minute xcess in the proceedfpgs. At the end of the recess period Mayor Kiely ,reconvened the meeting. By Alderman Tolles: seconded by Alderman Bangs BE IT RESOLVED, that the Common Council of the City of Ithaca hereby directs the City Attorney to prepare, in conjunction with the Ladies Union Benevolent Society, a binding agreement based on the letter of intent from the Ladies Union Benevolent Society dated April 30,, 1969; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute said agreement on behalf of the City of Ithaca, under its Corporate Seal. Carried. By Alderman Feldt. seconded by Alderman Tolles WHEREAS, McGraw Housing, Inc. on behalf of itself as sponsor and on behalf of a corporation or corporations to be formed, has requested the requisite approvals of, and there has been duly submitted to this Common Council for approval, a project to provide housing an4 auxiliary facilities for aged persons of low income pursuant to Article II, as amended, of the Private Housing Finance Law of the State of New York, to be developed on property- located at 215-223 South Geneva Street, said property being described on a survey pre- pa re4 by Thomas G. Miller, Engineer and Land Surveyor, dated December 16, 1966, and files An the Tompkins County Clerk's Office December 30, 1966, and being more particularly described as follows: "All that tract or parcel of land, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: "Beginning at a point in the east line of South Geneva Street, located 230 feet so,,"' along said east line from its intersection with the south line of West Green Street; thence east 200.1 feet to an old pipe set in the southerly line of an old private lane; thence south 197.3 feet to an old pipe, passing through old pipes at approximately 100 168 - AbriL 30, LOOP feet, 158 feet, and 176 feet; thencesest 198.7 feet to an old pin in the east line of South Geneva Street, passing through old pipes at approximately 8 feet and 133 feet; thence northerly along the east line of South Geneva Street, a total distance of 197.7 feet to a point or place of beginning, passing through old pipes at approximately 41 feet and 99 feet; TOGETHER WITH the right to use in common with others the old 12-foot wide private lane shown on said map."; and there is further requested the requisite agreement that the City of Ithaca has enacted or will enact regulations or appropriate restrictions adequately protecting the project against future uses likely to depreciate unduly the value of such project; and WHEREAS, said project has been designated HCNP #69-676; and WHEREAS, said project has been submitted to the City Planning Board fcxapproval; and WHEREAS, the project will be operated by a non-profit company incorporated pursuant to the provisions of the Membership Corporations Law and Article II of the Private Housing Finance Law; and WHEREAS, the City Planning Board after a public hearing held on due notice has submitted to this Common Council its report by resolution duly adopted April 23, 1969, certifying ' the City Planning Board's unqualified approval of the project and recommending to the Common Council that the said project be approved by the Common Council; and WHEREAS, a public hearing upon the matter of the approval of said project was held before the Common Council upon due notice on April 30, 1969 in the Common Council Chamber, City Hall, Ithaca, New York, at which hearing the project was presented and explained 14 detail, and all those desiring to be heard were heard; NOW THEREFORE BE IT RESOLVED, that the City of Ithaca and this Common Council does hereby approve the project designated HCNP #69-676 to provide housing and auxiliary facilities " for aged persons of low income pursuant to Article II of the Private Housing Finance Law , of the State of New York, upon the property located at 215-223 South Geneva Street, Ithaca,` New York; and BE IT FURTHER RESOLVED that the City of Ithaca has enacted or will enact regulations or appropriate restrictions adequately protecting the project against future uses likely to depreciate unduly the value of such project. Unanimously carried. v" POLLING PLACE CHANGE: The Clerk reported that Noyes Lodge, designated as a polling plac0 for the 3rd District of the 5th Ward, would not be available for such purposes and he recommended the designation of the Lutheran Church,109 Oak Avenue for such use by the voters of this district in place thereof. By Alderman Stallman: seconded by Alderman Spano RESOLVED, that the Lutheran Church, 109 Oak Avenue, be designated as a Polling Place for the 3rd District of the 5th Ward, as recommended by the Clerk. Carried. LOCAL LAW - ACTING CITY JUDGE: Alderman Feldt presented and read the following proposed Local Law: A Local Law amending Section 4 of Chapter 415 of the Laws of 1931 of the State of New York, being the Ithaca City Court Act , (Sec. 9-4 as presently codified) , to allow the acting city judge of the City of Ithaca to act when directed by the city judge of the City of Ithaca, BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 4 of Chapter 415 of the Laws of 1931 of the State of New York, entitled An .Act in Relation to the City Court of the City of Ithaca, its judges and officers, (Sec. 9-4 as presently codified) is hereby amended to read and provide as follows: At the first meeting of the Common Council in January in each year, it shall be the duty of the Mayor subject to the ratification of the Common Council of the City of Ithaca to appoint some suitable person, who shall possess the qualification of the city judge as in this act provided, to act as city judge when so directed by the city judge or in case of the sickness, vacation, absence from the city or disability of the city judge or in case the latter files a certificate of disability as to any action or proceeding, civil orcrimi.rial, and who may be removed by the Common Council whenever said Council shall deem it advisable. While so acting the said acting city judge shall, in addition to his name, sign all papers as "acting city judge of the City of Ithaca," and shall have all the powers and perform all the duties incumbent upon the city judge. The compensation 9f° ° said acting city judge shall be such sun as the Common Council shall determine , to be allowed and paid by the Common Council upon the presentation by such acting city judge of a verified bill of items for his services. Claims for such services, if any, shall be presented to the Common Council monthly. In any action or proceeding, civil or criminal, in which the acting city judge shall act, there shall be noted in the docket cause for his appearance in the action. Section 2. This act shall take effect immediately upon filing in the office of the Secretary of State. By Alderman Feldt: seconded by Alderman Boronkay RESOLVED, that the foregoing proposed Local Law be received and laid on the table for action at a subsequent meeting as required by the Municipal Home Rule Law. Carried, 1f� -3- April 30, 1969 BOND ISSUE - BIBBINS HALL: Controller Russell presented an amended bond resolution for financing the purchase and remodeling of "Bibbins Hall" and it was acted upon as follows: BOND RESOLUTION DATED APRIL 30, 1969 A RESOLUTION AMENDING THE RESOLUTION ENTITLED "BOND RESOLUTION DATED DECEMBER 6, 1967. A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR USE AS A POLICE HEADQUARTERS AND CITY LOCK-UP AND THE RECONSTRUCTION OF THE BUILDING THEREON, AT A MAXIMUM ESTIMATED COST OF $2500000, AND AUTHORIZING THE ISSUANCE OF $235 ,000 SERIAL BONDS OF SAID CITY AND APPROPRIATING $15,000 CURRENT FUNDS 9D PAY THE COST THEREOF." , TO INCREASE THE MAXIMUM ESTIMATED COST AND THE AMOUNT OF SERIAL BONDS TO BE ISSUED AND THE AMOUNT OF CURRENT FUNDS APPROPRIATED THEREFOR, By Alderman Tolles: seconded by Alderman Stallman BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The title and Sections 1 and 2 of the bond resolution duly adopted by the Common Council of the City of Ithaca, Tompkins County, New York, on December 6, 1967 entitled "BOND RESOLUTION DATED DECEMBER 6, 1967. A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR USE AS A POLICE HEADQUARTERS AND CITY LOCK-UP AND THE RECONSTRUCTION OF THE BUILDING THEREON, AT A MAXIMUM ESTIMATED COST OF $250,000, AND AUTHORIZING THE ISSUANCE OF $235,000 SERIAL BONDS OF SAID CITY AND APPROPRIATING $15 ,000 CURRENT FUNDS TO PAY THE �• COST THEREOF.", are hereby respectively amended to read as follows: �✓ "BOND RESOLUTION DATED DECEMBER 6, 1967. A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF ITHACA, TOMPKINS COUNTY NEW YORK, FOR USE AS A POLICE HEADQUARTERS AND CITY LOCK-UP AND THE STRUCTION OF THk � LDING THEREON AT A MAXIMUM ESTIMATED COST OF $47 000 AND AUTHORIZ NG 0 PISSUANCEOO �-U;T OF SERIAL BENDS OF SAID CITY AND.. APPROPRIATING ��5,060 CURRENT FUN - Section 1. The acquisition of certain real property in the City of Ithaca, Tompkins County, New York, known as the Agway properties, ,at a maximum estimated cost of $165,000 and the reconstruction of the building thereon, known as Bibbins Hall, for use as a police headquarters and lock-up, including original furnishings , equipment,machinery and apparatus required therefor, at a maximum estimated cost of $305,000, are hereby authorized. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $470,000, and the plan of financing thereof is as follows: (a) By the issuance of $445,000 serial bonds of said City hereby authorized to be issued therefor pursuant to the Local Finance Law, of which $156,000 serial bonds shall be issued for the acquisition of the aforesaid real property and $289,000 serial bonds shall be issued for the reconstruction of the aforesaid building; and (b) By the expenditure of $25 ,000 hereby appropriated therefor from Capital Reserve Fund #9, Municipal Buildings and Properties , which shall constitute the down payment required by Section 107.00 of the Local Finance Law." Section 2. The validity of the bonds authorized by said bond resolution, as amended, may be contested only if: (1) Such bonds 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 bonds are authorized in violation of the provisions of the Constitution. Section 3. This resolution, which takes effect immediately, shall be published in full in the ITHACA JOURNAL, the official newspaper of said City, together with a Clerk's notice 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: Rudolph Saccucci voting Yes Wm. H. Sullivan voting Yes Anthony F. Spano voting Yes Jerome H. Holland, II if Yes A. C. Stallman if Yes Donald Slattery it Yes Richard Boronkay " Yes Britton G. Anderson if Yes Mrs. Anne Jones it Yes John F. Bangs " Yes N. Arnold Tolles it Yes Joseph Rundle " Allan G. Feldt " Yes APPROVED BY THE MAYOR t April 30, 1969. Ja}ck K. Kiely, Mayor }7 -4- April 30, 1969 JOSEPH SPANO: Controller Russell introduced Joseph Spano who had been appointed to the newly-created position of Administrative Assistant to Controller and who had been in municipal service since April 14th. Controller Russell presented two recommendations regarding State aid for the financing of new buses, and the Council, having no objections, acted thereon as follows: V STATE AID FOR BUSES: By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the Mayor be authorized and directed to write a letter to New York State Department of Transportation applying for financial assistance in undertaking a mass transportation capital project described as the purchase of three (3) transit buses for the City of Ithaca Community Transit System. :x,; Carried. By Alderman Tolles: seconded by Alderman Stallman WHEREAS, the State of New York is authorized to make capital grants to local governments for approved mass transportation projects; and WHEREAS, an agreement for financial msistance under the provisions of the Transportation} Capital Facilities Development Act of 1967 will impose certain obligations upon the Cite of Ithaca, including the provision by it of the local share of the project cost; RESOLVED by Common Council of the City of Ithaca (1) That John L. Russell, City Controller, is authorized to prepare and file an appli- cation or, behalf of City of Ithaca with the New York State Department of Transportation to aid in the financing of a mass transportation capital project described as the purchase of three (3) transit buses for the City of Ithaca Community Transit System. (2) That John L. Russell is authorized to furnish such additional information as may be required by the New York State Department of Transportation in connection with the application for the capital grant. Carried. On motion the meeting was adjourned at 9:00 p.m. Geo. A. Blean, City Clerk JJack K. Kiely, Mayor al � %1V504ffWA#!4W%W 1714 Regular Meeting 7:30 p.m. May 7, 1969 PRESENT: Mayor - Kiely Aldermen (14) - Nordheimer, Spano, Rundle, Anderson, Bangs, Holland, Slattery, Saccucci, Sullivan, Feldt, Tolles , Boronkay, Jones, Stallman Attorney -Barrett Controller - Russell Chief of Police - VanOstrand Adm. Assistant - Spano Police Commissioner - Withiam City Clerk - Blean City Planner - Kasprzak Deputy Clerk - Grey All present stood and wen led by the Mayor in a pledge of allegiance to the American Flag and, at his request, remained standing for a moment in silent prayer. MINUTES: Minutes of the last regular meeting, as recorded by the Clerk, were approved. PUBLIC HEARING-ZONING MAP AMENDMENT: Mayor Kiely opened a public hearing duly advertisId for this time on a proposal to amend the Zoning Map by changing a block bounded by First Third, Franklin and Adams Streets from an R-3 to a B-2 zone. The Clerk reported the pro posed change had been approved by the Planning Board and recommended to the Council for its approval. No one appeared to be heard thereon and the Mayor declared the public hearing closed. t- By Alderman Feldt: seconded by Alderman Jones t'- WHEREAS, a public hearing has been held this 7th day of May 1969 on a proposal to amend he CC Zoning Map of the City of Ithaca by rezoning the block bounded by First, Third, Franklin and Adams Street from an R-3 to a B-2 zone, NOW THEREFORE BE IT RESOLVED, that the Zoning Map of the City of Ithaca, adopted on June 7, 1961, be and it hereby is amended by rezoning the aforesaid block from ate R-3 to a B-2 zone, being the area more particularly described as follows: All that tract or parcel of land bounded on the east by First Street, on the south by Adams Street, on the west by Third Street and on the north by Franklin Street. Effective upon publication. AYES: 14 NAYS: 0 Carried and approved. NARCOTIC COUNCIL: The Clerk read a letter from L. R: Webster, Chairman of the Mayor's Committee on Drugs, requesting the Common Council_to create a Narcotic Guidance Council as provided for in Sec. 239-u of the General Municipal Law and to provide the sum of $500.00 to cover costs of such Council for telephone, mailing, printing, etc. Mr. Webster reviewed Sec. 239-u and urged the creation of such a Council to consist of Rev: David Gramkee, David Hammond, M,D. , David Corina, Pharmacist, Al Bedworth, Director of Health Education for BOCES, and Stanley Tsapis, Attorney. By Alderman Feldt: seconded by Alderman Jones RESOLVED, that a Narcotic Guidance Council hereby is created, pursuant to Sec. 239-u of the General Municipal Law, to consist of the following five members: David Corina, Chairman, 3 year term ending December 31, 1971 Albert E. Bedworth It if it 11 it ' It it Rev. David Gramkee 2 year " " December 31, 1970 David Hammond it it " �i n 11 n Stanley Tsapis 1 year " " December 31, 1969 Carried. Upon inquiry by Alderman Spano Mayor Kiely advised that an appropriation of $500.00 had beep included in the final 1969 budget for expenses of the Narcotic Council as requested ITHACA HOUSING AUTHORITY PAYMENT: The Clerk read a letter from Ithaca Housing Authority notifying the Council that its estimate of the annual amounts of payments in--lieu-of- taxes which will be made for the Third-Hancock Street housing project was $684.00; and that the amount of taxes which would be levied were the property privately owned would b1# $11,464.13. The Authority indicated this information was furnished as provided by Sec. 402 of the Housing Act of 1954. Alderman Saccucci felt the average citizen or taxpayer thinks the City does not receive any taxes for the project site while it remains vacant and asked the news media to emphasize the fact that the City does receive in-lieu-of-tax payments from this source. CITY SCHOOL DISTRICT PURCHASE OF LAND: The Clerk read a letter from the Planning Board recommending the sale of a parcel of city.-owned land of about 1.25 acres at .the north end of the school site to the City School District contingent on the District completing the sale of the Belle Sherman and Wood Street properties to the City. The Planning Board felt also that the City should consider acquisition_ of the South Hill school building and site on Columbia Street from the District but had no recommendation at this time for the best use of the property. No action was taken pending completion of negotiations for these pro-,- 1-72 lips ONO M 1 W410 ZONING MAP AMENDMENT: The Clerk read a letter from the Planning Board recommending that an area along both sides of Taughannock Blvd., running northerly from Buffalo Street, be rezoned by creating a new "M" zone to permit development of the area for marina-oriented uses. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the Planning Board's recommendation be referred to the Charter & Ordinance Committee for study and report. Carried. PLANNERS APPOINTED: The Clerk read a letter from the Planning Board recommending the appointment of Jonathan C. Meigs to the position of Assistant Planner at an annual salary of $8,878.00, the second merit increment step of Grade 36 in the Compensation Plan, and` the appointment of Mrs. Margaret W. Monroe to the position of Junior Planner at an annual salary of $7,016.00, the first merit step of Grade 31. By Alderman Jones: seconded by Alderman Stallman RESOLVED, that Jonathan C. Meigs be appointed to the position of Assistant Planner at an annual salary of $8,878.00; that his appointment be provisional and become effective on- June 16, 1969; and that the Civil Service Commission be requested to hold an examination for the position, and BE IT FURTHER RESOLVED, that Mrs . Margaret W. Monroe be appointed to the position of Junior Planner at an annual salary of $7,016.00; that her appointment be provisional and becom@ effective on May 19, 1969 and that the Civil Service Commission be requested to hold an examination for the position. Carried. FLUORIDATION: Mayor Kiely presented a report on Fluoridation of Public Waters in New York State, prepared by N.Y.S. Dept, of Health. Copies thereof were distributed among the Aldermen for their information. a NUCLEAR POWER PLANT: At the Mayor's request Controller Russell reported on a trip he made 'z to Haddam, Connecticut on May 6th, sponsored by N.Y.S . Electric & Gas Corp. , to visit a large nuclear power plant in operation there. The purpose of the trip was to educate people about such plants . BIDS-VOTING MACHINE: The Clerk reported be had advertised for and received one bid from Automatic Voting Machine Division of AVM Corp. for furnishing the City with a new voting machine for the total net price of $1,623.00. He recommended its acceptance. By Alderman Stallman: seconded by Alderman Jones RESOLVED, that a contract be awarded to Automatic Voting Machine Corp, for furnishing the City with one new voting machine to replace an obsolete one for the total net price of $1,623.00 in accordance with the terms of its bid submitted on April 29, 1969. Carried. FLORAL AVENUE PROPERTY: Attorney Barrett presented and recommended approval of a purchase offer for properties owned by Roy W. and Richard A. Compton, located at 111 Floral Ave. and 1009-1011 W. State Street, in the Flood Control project area. Both properties were included in the offer for the total sum of $61800.00. By Alderman Anderson: seconded by Alderman Holland RESOLVED, that the purchase offer in the total amount of $6,800.00 for the Compton properties located at 111 Floral Avenue and 1009-1011 W. State Street, presented and recommended for approval by the City Attorney, be approved and accepted on behalf of the City. Carried. TRAFFIC VIOLATIONS BUREAU: By Alderman Stallman: seconded by Alderman Jones RESOLVED, that the existing position of Account Clerk in the Traffic Violations Bureau t)e upgraded to that of Senior Account Clerk. Carried. AUDIT: By Alderman Stallman: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $43,401.14, as listed on audit abstract #5-1969, be approved for payment. Carried. ENFIELD - TELEPHONE ANSWERING SERVICE: Ald. Sullivan reported that the Board of Fire Commissioners recommended entering into an agreement with the Town of Enfield whereby the-,,-,, Fire Department would answer fire calls for the Town of Enfield for an annual fee of $150.00. By Alderman Sullivan: seconded by Alderman Holland RESOLVED, that the City Attorney be authorized and directed to prepare an agreement between the City and the Town of Enfield for this purpose; and that the Mayor be author," ized to sign and execute it on behalf of the City under its Corporate Seal. Carried. May 7, 1969 Mayor Kiely and Fellow Councilmen: A copy of the proposed final budget of the City of Ithaca for the year 1969 was delivered to each of you yesterday. At the conclusion of these remarks, I shall move the adoption of that budget. In effect, this budget message is a summary report on the financial health of our $5 million common enterprise which is operated directly for the 29,000 people we represent and indirectly for a much larger number of welcome visitors and the residents of surrounding areas. This year the City finances are beginning to benefit from our austerity year, 1968. Accordingly, the task of the Finance Committee has eased somewhat. Even so, members of the Committee have devoted more than 200 man hours to the scrutiny of budget requests, the estimation of revenues and the joint exercise of judgement. This has been quite apart from the unnumerable regular and unpaid overtime hours spent by our willing and able Controller. Thanks are certainly due to members of this hard-working Committee -- Alderman Jones, Bans and Acting Mayor Stallman -- and particularly to a Mayor who has set himself apart from his predecessors by consistently taking an active part in Finance Committee deliberations. App ropri at on Of the proposed total appropriations of $5 ,11+,000, one-quarter are covered by water sales and sewer rents ($1,273,000) . These special Water and Sewer Funds can be kept approximately in balance this year without any increase in water and sewer rates. There remains the General Fund, for which an appropriation of $3,873,000 is proposed. General Fund appropriations for 1969 exceed those of 1968 by $483,673 or 14.3 percent. Except for an obviously needed strengthening of the Police Department, -2- May 7, 1969 this increase in appropriations does not represent any major increase in staff or services, but rather the increased appropriations to meet three major necessities: (1) an increase in salaries and employee benefits of $268,074, (2) an increase in required debt service of $114,595, and (3) restoration to all appropriate Capital Reserve Accounts of the annual appropriations which were deliberately deferred during the austerity year, 1968. Tightened budgeting practices and continued willingness to deny, reluctantly, many budget requests were required in order to keep the increase in General Fund appropriations limited to as little as $483,673. Taken by themselves , these appropriations would have required a tax-rate increase of $1.58 -- a result which would have been quite creditable except that the 1968 City tax rate was already at the unacceptable level of $20.00 per $1,000. Actually we have been able to decrease the City tax rate substantially as will be seen presently. Revenues, Other than Property-Tax Revenues The basic source of revenue to sustain General Fund appropriations is the real estate property tax, but if that tax were entirely relied upon, the rate for 1969 would have to be nearly $40.00 per $1,000 of assessed valuation. Fortunately, the City is now able to obtain more than half its General Fund revenue from other sources. State Aid provides the largest single source of revenue in relief of property taxes. Estimated revenue from this source will provide City revenue of $732,135 in 1969, an increase of $348,000 over 1968. However, this revised total is $35,000 less than was estimated when the tentative 1969 budget was prepared, as the result of the five percent cut decreed recently by the Legislature. Taken by itself, the recent cut in State Aid would have required a 35-cent increase in the -3- May 7, 1969 property tax rate above the $16.90 rate forecast in the tentative budget. Sales Tax. The second largest source of revenue in relief of property taxes consists of a sales tax contribution of $500,000, obtained for the first time this year as a result of negotiation with the Tompkins County Board of Supervisors. This $500,000 revenue was reflected in the $16.90 tentative tax rate. Without this City share of sales tax revenue, the property tax rate would have to be $5.09 higher than the one to be proposed for the current year. Subsequent to last year's negotiations, it has become evident that the City, under State Law, could obtain more than twice the currently received $500,000 as its share of sales tax revenues, without any increase in the present 6 percent total tax on retail sales in the City and County. To obtain much needed further relief from the burden of City property taxes and to reduce the present tax differentials between the City and its surrounding areas, it is therefore essential that the present sales tax contribution by Tompkins County be re-negotiated. Traffic Violation Fines. A third source of increased revenues this year results from the revamping of the Traffic Violations Bureau system of record keeping. Previously, the backlog of violations haste been allowed to accumulate for as long as two years. The new procedures have nearly doubled the receipts from this source in less than one year's time. Increased revenue from this source largely accounts for the $15,000 estimated increase in total receipts from collection of fines and penalties. In addition to the increase in revenue, the improved collection of traffic fines helps to improve the equality of treatment of citizens by the law. Payments in Lieu of Taxes will be double those of last year, adding another $1+,500 to the City revenues. The Urban Renewal Agency, at the urging of the Mayor, has agreed to make payments in lieu of taxes on all property it owns, on the basis of the assessed value in the year before acquisition. As an inevitable consequence of the process of redevelopment, Urban Renewal has, indeed, taken much downtown property -13— May 7, 1969 temporarily off the tax rolls, in anticipation of a many-fold increase in assessed valuation as these properties are privately redeveloped. However, it is to be noted that the total value of assessable property in the City has not decreased, as it is sometimes supposed, but rather has shown a small increase of half a million dollars . The Property Tax Rate Aa,$878,000 increase in estimated City revenues is being obtained from the combination of State Aid, the Sales-Tax Contribution, Traffic Fines, and Payments in Lieu of Taxes. These four sources will provide most of the 78 percent increase in total revenues, other than those from property taxes. By keeping a tight rein on appropriations and by successfully developing alternative sources of revenue, we have been able to reduce the balance to be raised by property taxes by 17 percent. eke- G� Thus the property tax rate is now.reduced from $20.00 in 1968,and even from the tentative 1969 rate of $16.90, to a final rate for 1969 of $16.50 per $1,000 of assessed valuation. Debt, Debt Service, and Borrowing Policy The City of Ithaca enjoys an "AAA" credit rating. The importance of our first-class financial reputation was illustrated during 1968 when the City sold bonds in the amount of $1,3801000 at the very favorable interest rate of 4.3 percent. This was at a time when most municipal issues were being sold at rates approaching 5 percent and when some issues were not receiving any bids at all. Careful management of our debt is extremely important, not only to preserve our credit rating, but also to minimize the costs of this government to the taxpayers and thus to all our people. The total debt of the City, as of December 31, 1968, was $5,237,000, of which $1+,1+76,000 is subject to the legal debt limit. Thus we have exhuasted 56.5 percent of our debt contracting power, leaving 43.5 percent of it available. More -5- May 7, 1969 important than the legal debt limit, however, is the annual cost to the City of the interest and repayment of principal of the debt which is outstanding in any year. Earlier mention was made of the 1968-69 increase of $11+,595 in the cost of annual debt service, This Chart (I) shows how our annual debt service costs have been climbing during each of the past seven years -- from a total of less than $200,000 in 1962 to a total of more than $700,000 in the current year. The current cost of debt service of $703,000 is equivalent to a $7.15 property tax rate, or two-fifths of the total of $16.50 which it is proposed to levy this year. While facing the costs of the peak rate of debt service, we intend to reduce future costs by reversing as far as possible the past policies of incurring larger and larger debt burdens. As part of this conservative debt policy, no new projects were begun in 1968 which required additions to the City's bonded debt, and the only debt increase planned for 1969 will be that necessitated by the 1967 decision to provide the much needed new Police Headquarters Building. The Common Council just recently approved an amendment to our original authorization for financing this facility which will result in a total estimated cost of acquisition and renovation of $470,000. While this is a substantial sum, it is heartening to have one capital project completed for less than its originally estimated cost, the original estimate having been $500,000 in this case. The current tax rate reduction has been achieved in a year when debt-service costs are higher, not only than those of the past, but also higher than they should be in the future. This second Chart (II) shows 'hat can be expected if no further indebtedness is incurred. As the chart indicates, debt-service charges would decline at a rapid rate from now until 1973, after which these payments may level off and then decline gradually. We are not saying that no further indebtedness should be incurred under any circumstances. It is important to stabilize the tax rate, rather than -6- May 7, 1969 merely to lower it and then to raise it again. However, it is as true for the City government as for an individual that it pays to set up reserves out of current income so that one can pay cash rather than to have to borrow to meet fluctuating needs for expenditures. Current Capital Projects The Capital Budget on page 36 of the report before you shows, by method of financing, only the new projects as authorized to be started this year. In addition, there are some 15 projects carried over from 1968 for which financing had been previously arranged. As was stated in last year's budget message, the Finance Committee is again of the opinion that this is so ambitious a total program that it is questionable just how much of it can be accomplished on schedule. Those portions which cannot be accomplished will be a source of some of the surplus at the end of the year 1969. In conclusion, may I repeat that it has been an arduous tabk to find ways to bring the tax rate down as low as $16.50 per $1,000. Even though we believe we have been frugal in all areas, I am convinced that we have provided adequately for all essential services of the City, given the cooperation of all department heads which I am sure will be forthcoming. Having turned another tight corner successfully, we hope and believe that we will be in a solid position to undertake to provide such future City services as proved to be needed by this community as a whole. N.A rnold Tolles Doi , 6010 17 BUDGET - 1969: Mayor Kiely publicly thanked maniuora or tke Finance L`0nmA4*,*c =A Controller Russell for their combined great amount of time and effort spent in itrojag the final budget for adoption which reduced the tax rate to $16.50. He then called on Alderman Tolles, Chairman of the Finance Committee, who presented and read a prepared budget message (see copy attached to the minutes) . Controller Russell reported that the Assessment Roll for 1969 has been completed, footed, and approved by the City lzsessor and resulted in the following valuations: Valuation of Land 28,876,500 Valuation of Buildings 223,196,450 Total Valuation of Real Property 252,072,950 Less Exemption for R.R. Ceiling 625,94o 251, 7,010 Less Valuation of Exempt Property 156 962 100 9 T,2 484,910 Plus Valuation of Special Franchise 3,787,763 Total Net Valuation of Taxable Property 98,272$673 By Alderman Tolles: seconded by Alderman Stallman RESOLVED, that the budget estimates and requisitions, as agreed upon, be and the same hereby are finally approved, adopted and confirmed in the total sum of $5,114,034 in accordance with the detailed budget statement on file in the office of the City Controller, and 14HEREAS, available and estimated revenues total $3,493,115 thereby leaving $1,620,919 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1969, certified and filed by the City Assessor, has beap footed and proved and shows the total net taxable valuation of $9812721673, and WHEREAS, under Charter provisions, the tax limit for city purposes amounts to $2,674,725 for 1969, NOW THEREFORE BE IT RESOLVED, that the tax rate for general city purposes for the fiscal. year 1969 be and the same hereby is established and fixed at $16.50 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1968 tax roll, thereby making a total tax levy as near as may be of $1,620,919, and BE IT 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 valuations at the rate of $16,50 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 collect, ion of said levy; and the Mayor - and City Clerk hereby are authorized and directed to s�gn and affix the Corporate Seal to suchmirrant 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 collectible in accordance with provisions of the City Charter and other laws applicable thereto, and BE IT FURTHER RESOLVED, that the total sum of $5 ,114,034 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. AYES: 14 NAYS: 0 Carried and approved by the Mayors. CONSOLIDATION: Alderman Feldt read the following letter: 'I have recently discussed the matter of charter revision with each of the members of the Charter and Ordinances Committee and the committee agrees in offering to you the following recommendation on this issue: That further steps toward the revision of the city charter be delayed until February 1970 in order to allow more time for discussions with the governments of the Town of Ithaca and the Village of Cayuga Heights regarding the possibilities of the formation of some form of consolidated local government. "This recommendation is made reluctantly in view of the continuing need for revision of our existing city charter. However, we feel that there is a danger of the question of charter revision becoming embroiled in partisan political issues in the forthcoming election campaign. At the same timeme feel that a reasonable period of time for potentially fruitful discussions between the several local governments should be allowed before proceeding further with this question. "In view of this latter consideration we wish to urge you to proceed as rapidly as possible with your attempt to arrange a ,point meeting of city, town and village governing bodies in order to discuss consolidation issues in more detail." A xd�L�raA oft �ers�s a� ) loom OW I I V06% By Alderman Feldt: seconded by Alderman Bangs RESOLVED, that it is the sense of this Council that further steps toward the re-v-I.9ion of the city charter be delayed until February 1970 in order to allow more time for tiis- cussions with the governments of the Town of Ithaca and the Village of Cayuga Heights regarding the possibilities of the formation of some form of consolidated local government . AYES: 13 NAYS: 0 Carried. ABSTAINING: 1 - Mrs . Jones ADDITIONAL APPROPRIATION FOR FILL AT DUMP: Alderman Nordheimer reported the Board of Public Works had requested an appropriation of $5 ,000.00 to pay for the cost of hauling additional fill to cover the city landfill or city dump area. He stated the Finance Committee advised it had been included in the final budget. COLUMBIA STREET BRIDGE: Alderman Nordheimer reported the Board of Public Works had requested the Council to authorize the replacement of the Columbia Street Bridge with a pedestrian-utility type structure at a cost of not to exceed $150,000.00. He felt no action was required by the Council at this time or until such time as the Board provides final figures for this project. YOUTH CADET CORPS: Alderman Holland requested a meeting with the Public Safety Committee to discuss the possibility of establishing a Youth Cadet Corps within the Police and Fire Departments . URBAN RENEWAL ANNUAL MEETING: Alderman Rundle announced that the annual meeting of the Urban Renewal Agency would be held on May 15th at 4:30 p.m. ri PUBLIC HOUSING OPEN HOUSE: Alderman Saccucci reported that the Housing Authority expected To have the Hector Street Housing Project ready for occupancy by June lst and recommend9d that it be directed to arrange for an open house to show the project to the general public. Mayor Kiely referred the matter back to the Committee on relations with the Authority to make the proper arrangements. On motion the meeting was adjourned at 9:30 p,m. Geo. A. Blean, City Clerk r Jack K. Kiely, Mayor _J, 17- COMMON COUNCIL PROCEEDINGS n CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. June 4,1969 PRESENT: Mayor - Kiely Aldermen (14) - Spano, Rundle, Anderson, Bangs, Holland, Slattery, Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones, Stallman, Nordheimer Attorney - Barrett Chief of Police - VanOstrand Controller - Russell Urban Renewal Director -- Daley Adm. Aide - Spano Planning Director - Kasprzak Clerk - Blean Building Commissioner -• VanMarter Deputy Clerk - Grey All present stood and were led by the Mayor in a pledge of allegiance to the American Flag, and, at his request, remained standing for a moment in silent prayer. MINUTES: Minutes of the last regular meeting, as recorded by the Clerk, were approved. COLUMBIA STREET SCHOOL PROPERTY: The Clerk read a letter from the Planning Board recommend- ing that the City purchase the Columbia ,Street school annex property, including the building, for the token sum of $1.00, demolish the existing structure, and convert the site into a tQ neighborhood play area. W By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the matter be referred to the Finance and Youth & Recreation Committees for joint study and report. Carried. UNIVERSITY AVENUE: The Clerk read a letter from the Planning Board recommending Steven Peterson be engaged to make a study of University Avenue to include the following items: 1. Investigation of programs for possible development. 2. A physical urban design development plan. 3. Illustrative design proposals suggesting possible solutions to the area. 4. A written report of the investigation. The total cost of the study would be $3,000.00 with the City's share amounting to $1,000,00 since the remaining cost would be financed by a federally sponsored program. By Alderman Jones: seconded by Alderman Boronkey RESOLVED, that the Planning Board's recommendation be approved; and that the Mayor and City Clerk be authorized to sign and execute an agreement with Mx. Peterson for the study upog approval thereof by the City Attorney. Carried. MAYOR'S CONFERENCE: Mayor Kiely reported on his attendance at the annual meeting of the Mayors' Conference held in Rochester, New York, starting on Jute 2nd. He felt it was a worthwhile meeting. ROBERT J. BRUCE: The Clerk reported the term of Robert J. Bruce, Fire Commissioner, would expire on June 30, 1969 and that the Charter required the pending vacancy be filled at toe ed first meeting in June. Mayor Kiely announced is0ap appointment entrequMr. Bruce succe himself for another three-year term ending , thereof. By Alderman Sullivan: seconded by Alderman Feldt RESOLVED, that the Mayor's appointment of Robert J. Bruce as a Fire Commissioner for the three-year term ending June 30, 1972 be approved and confirmed. Carried. SUMMER JOBS: Mayor Kiely advised that some summer fobs would be available for qualified ; youths and asked Aldermen having such requests to contact either Robert Cutia, Youth C Bureau Director, or Robert Dingman, Supt. of Public Works. P tCOLLEGETOWN REDEVELOP. : Copies of a report entitled ''COI,LEGETOF]N REDEVELOPMENT STUDY ' , , w1prepaxed by a Student Committee from the Graduate School of Business & Public Administra- •' $-tion at Cornell University, under sponsorship of the Mayor's Citizens Advisory Committee,onclsions of the t and Mwere distributed to the Aldermen. The MCAC commended the °seriouscconsi aeration and be . �2Student Committee on this project and recommended it be given made available to such groups, private or public, as may be interested in undertaking # ;the redevelopment of this area. TA ht SOUTH AURORA STREET HILL: Alderman Jones reported on the results of several meetings with si'Town and County officials regarding a solution to the Aurora Street hill problem. She hoped for f4, c#�a1 . t , ation by both the Town and County with the City to aid in the study and ad �se�d , County Planner, is pursuing the problem with outside engineers. t t� r. 176 417 -2- June #, 1969 FLORAL AVENUE PROPERTY: Attorney Barrett reported that pxope� at 111 Floral Aveflue had been purchased by the City and that the Superintendent had been authorized to hh've, the building demolished and the site graded. BOND SALE: The following resolution was offered by Alderman Tolles,�Who moved its adoption, seconded by Alderman Stallman: RESOLUTION DATED JUNE 4, 1969. A RESOLUTION FIXING THE DETAILS AND AUTHORIZING THE SALE OF $445,000 POLICE HEADQUARTERS (SERIAL) BONDS , 1969, OF THE CITY OF ITHACA. TOMPKINS COUNTY, NE14 YORK. t j BE IT RESOLVED, by the Common Council of the City of Ithaca; Tompkins County, New Yorki as follows : Section 1. The $156,000 serial bonds authorized by a bond resolution dated December 6, 1967, as amended on April 30, 1969, for the acquisition of certain real property known as the Agway Properties , shall mature $9,000 in each of the years 1969 and 1970, $10,0Q0 in 1971, $11,000 in each of the years 1972 to 1975, both inclusive , and $12,000 in each of the ,years 1976 to 1982, both inclusive , and shall be consolidated with another issue, of bonds of said City as hereinafter authorized. It is hereby determined that the- per:L,�d of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law, computed from December 13, 1967, the date of the first bond anticipation note issued in anticipation of the sale of said bonds. Section 2. The $289,000 serial bonds authorized by a bond resolution dated December 6, 156T, as amended on April 30, 1969, for the reconstruction of the building know't" Bibbins Hail, for use as a police headquarters and City lock-up shall mature $16,Q00 in each of the years 1969 and 1970, $20,000 in 1971, $19,000 in each of the years 1972 to 1975, both inclusive, and $23,000 in each of the years 1976 to 1982, both inclusive, and shall be consolidated with another issue of bonds of said City an hereinafter authorized. It is hereby determined that the period of probable usefulness of the afore- said specific object or purpose is fifteen years, pursuant to subdivision 12 (a) of para- graph a of Section 11.00 of the Local Finance Law, computed from December 13, 1967, the date of the first bond anticipation note issued in anticipation of the sale of said bonds,, Section 3. The serial bonds described in the preceding. sections, hereof, are hereby authorized to be consolidated for purposes of sale into one, bond Issue, aggregating $445,000. Such bonds shall each be designated substantially POLId`HEADQUARTERS (SERIA�)WIAW- BOND, 1969, shall be dated August 1, 1969, shall be of the denomination of $5,000 each shall be numbered from 1 to 89, both inclusive, shall mature in numerical order in the amount of $25,000 on December 1 in each of the ,years 1969 and 1970, $30,000 on December 1 in each of the years 1971 to 1975, both inclusive,and $35,000 on December 1 in each of ,-the years 1976 to 1982, both inclusive, with interest thereon payable December 1, 1969 and -semi-annually .thereafter on June 1 and Decenber 1. Such bonds shall bear interest at such rate as may be necessary to sell the same, which`rat6 shall be deterrmine4 #s the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall he in bealr coupon form with the privilege of conversion into bonds registered as to both principal, and interest, and shall be payable as to both principal and interest in lawful money of the United States of America at The Chase Manhattan Bank, N.A-., Nev York-; mfv' Yogi, wh ph by contract is the paying agent of the issuer. The aforesaid maturities oonstitute the' aggregate of the individual maturities of each separate issue,. which individual maturit4es, are prescribed in the preceding sections hereof. Such bonds shall be sinned in the n of said City of Ithaca,New York, by its City Controller, and a facsimile of its corporye seal shall be imprinted thereon and attested by its City Clerk, and the interest coupo4f shall bear the facsimile signature of said City Controller. Section 4. All other matters, except as provided herein relating to such bonds, shall, be determined by the City Controller. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Lsw`'and' shall otherwise be in such form and contain auch. recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Controller shall determine. Section 5 . The faith and credit of said City of IthP.ca, Tompkins County, New York, aitp hereby irrevocably pledged. to the payment of the principal of and interest on such bon as the same respectively become due and payable. An annual, appropriation shall be mad 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 prppRrty within said City a tax sufficient to pay the principal of and interest on such bonds a the same become due and payable. 1 34 June 4, 1969 Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds , are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said City, provided, however, that in the exercise of these delegated powers., he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Rudolph Saccucci voting Yes Anthony F. Spano voting Yes William H. Sullivan A. C. Stallman " Jerome H. Holland II Ronald Nordheimer Donald Slattery " Richard Boronkay Britton Anderson Anne Jones John F. Bangs N. Arnold Tolles " �. Joseph Rundle Allan G. Feldt " APPROVED BY THE MAYOR May June+, 1969. BEAUTIFICATION PROJECTS: The Controller requested an additional appropriation of 1,500.00 to finance this year's beautification project, sponsored by the Youth Bureau, to permit paying $1.60 per hour rather than $1.25 approved for state reimbursement. By Alderman Slattery: seconded by Alderman Spano RESOLVED, that the sum of $1.,500.00 be appropriated from the Contingent Fund to Current Appropriations, Budget Account A--209-Beautification Project-to permit paying minimum wages at the rate of $1.60 per hour to employees working on the Beautification Project sponsored by the Youth Bureau. AYES: 14 i?AYS: 0 Carried and approved. Alderman Slattery reported that the Urban Renewal Agency proposed to sponsor another summer youth employment program similar to last year's and it was acted upon as follow§ : By Alderman Slattery: seconded by Alderman Holland WHEREAS., the Youth Bureau, of the City of Ithaca, plans a Summer Youth Employment Program and WHEREAS, for the second year, the Ithaca Urban Renewal Agency offers to participate with financial assistance for said program; and WHEREAS, it is necessary for the City of Ithaca to enter into an agreement with the .Urban Renewal Agency- NOW THEREFORE BE IT RESOLVED: 1. That the Mayor and the City Clerk are hereby authorized. and directed to execute an agreement with the Ithaca Urban Renewal Agency to provide financial assistance in the City's Summer Youth Employment Program. 2. That said amount of financial assistance to the City will not exceed $17,000.00. Carried. MRS. SALLY CARPENTER: Alderman Holland introduced Mrs . Sally Carpenter, a principal account Clerk in the Controller's office, who had attended Tompkins-Cortland Community College after her working hours to further her knowledge and education by taking a business-law course . He noted she had earned three credit hours by doing so and presented her with a check from the City in the amount of $20.00 to reimburse her for one-half of her expenses for tuition and books . "The City is only too happy to help its employees who may wish to better themselves through further education and I hope more will follow in Mrs . Carpenter's footsteps,'' he concluded. DRYDEN ROAD TREES: A request from the Board of Public Works for an appropriation of 1,500.00 to plant trees on Dryden Road was received and referred to the Finance Committee for study and report . AUDIT: By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $265,119.83 and $100.00 on Police Headquarters Building, as listed on audit abstract N6-1969, be approved for payment. Carried. � l --�-" June �+, 1969 SALES TAX: Alderman STallman reported that nothing had been resolved to date regarding a sharing o.f. the County sales tax revenues.for the rcom�n�y#arYand the next meeting on- the matter was scheduled for Monday, June 9th. By Alderman Stallman: seconded by Alderman Tolles RESOLVED, that the City Clerk be authorized and directed to advise the Chairman of Tompkins County Board of Supervisors and the Clerk of the Board of Supervisors of the City's int nt to enact a 12% sales tax in the City! of Ithaca, effective March 1, 1970. Carried. By Alderman Tolles: seconded by Alderman Bangs RESOLVED, that the Mayor be authorized and directed to call a special meeting of the Common Council to be held on Wednesday, June 25, 1969, at 7:30 p.m. for the purpose of . enacting a City sales tax unless he is notified prior to June 25th by the Chairman of thg City-County Cooperation Committee that a. satisfactory agreement has been reached with the County for sharing the county sales tax revenues. Carried. LOCAL LAW - ACTING CITY JUDGE: Alderman Feldt recommended approval of a proposed Local ' Law relating to the powers and duties of the Acting City Judge which was presented and lnice uvon the table at the Council's special meeting held on April 30th. Action was ta$pn to approve it ag follows.. "A 'LOCA-L LAW"APAMIDING SECTIOPT 4 OF CHAPTER 415 OF THE LAWS OF 1931 OF THE STATE OF NEW YORK, BEING THE TTHACA CITY COURT ACT, (SEC. 9-4 AS PRESENTLY CODIFIED) , TO ALLOW THE ACTING CITY JUDGE OF THE CITY OF ITHACA TO ACT WHEN DIRECTED BY THE CITY JUDGE OF THE CITY OF ITHACA. By Alderman Feldt: seconded by Alderman Nordheimer BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows : Section 1. Section 4 of Chapter 415 of the Laws of 1931 of the State of New York, entitled An Act in Relation to the City Court of the City of Ithaca, its judges and. officers, (Sec. 9-.4 as presently codified) is hereby amended to read and provide as follows: 4 At the first meeting of the Common Council in January in each ,year, it shall be the duty of the Mayor subject to the ratification of the Common Council of the City of IthecF t-o appoint some suitable person, who shall possess the qualification of the city judge as in this act provided, to act as city judge when so directed by the city judge''or in case in the sickness vacation, absence from the City or disability of the city judge or in case the latter files a certificate of disability "as to any action or proceeding,. civil or criminal, and who may be removed by the Common Council whenever said Council shall deem it advisable . While so acting the said acting city judge shall, in addition to his name, sign all papers as 'acting city judge of the City of Ithaca," and shall have all the powers and perform all the duties incumbent upon the city judge. The compensation of said acting city judge 'shall be such sum as the Common Council shall determine, to be allowed and paid by the Common Council upon the presentation by such acting city judge of a verified bill of items for his services., Claims for such services, if any, shall be presented to the Common Council monthly. In any'paction or proceeding, civil or criminal, in which the acting city judge shall acts there shall be noted in the docket cause for his appearance in the action. Section 2. This act shall take effect immediately upon filing in the offi"ce of the Secretary of State . A vote by roll call was taken thereon which resulted as follows: AYES: 14 NAYS: 0 Carried. Approved by me this i4;. may of June 1969 and designated Local Law #- Z -1969. 1rc ,y e iog Ci J 's ° , City of Ithaca,New York. ZW'IrrG �Ai AT 1 5�,�.r; :,r, r'e1 it ; ,;>°tec}. the Charter P_ Ordinance Committee was in anreerent Trith the Pl�-).nninn 1_3oarWs recon"a e id€�tion to create a new zone for marina•- oriented uses a.lori- both si6e of Taupnnnnock '31dv. , running, northerly from ?r. I3uffa.lo Street, but it needed more precise details before presentin ~ its final recomrenc.ati.on thereon. LO rITiC ORI?Ti'.�''CT J?r.M `Tl :,''T - D ' " I Y CO IT Alderman Feldt revietrer? in some c'etnil r. recommen ,n. ,ion of the . lanninm 13oa.ff, r'^ted Dec. )!•, 196? to nr,enO the zoning* orOinance to provide for density controls . Le felt the public should be riven an opportunit3- to <,,ppear at the Council's, next r-eetinf- to air their views on the subject . '"he n�7,rs r^edia 71as requester, to publicize this natter. 17 — J ._...T .� - a . 111e'L u J i TO �`_;; _,•y ider.nan -L-1;_t: >econ(ieCt �iy Alderman ..'lOrC�e_11TC'r Rr TT Ot'DMITIEI? by the Common. Council of the City of Ithaca, "Tew York, and it hereby is _zed by authority cf' same that Chapeer _15 , !'rticle TX, Section 15-180 of the Code of Ordinances , Parking. -nrohliQi_t�d at.all;timea.na certain streets, be amended by addinfr thereto the f olloul nF, r�Test State, Street, south side, from a point 165 feet west of the hest line of South Cayuga Stree�t';wes�t' a, distance of 35 feet. ?ffective unon rublic�a:tion nyES, it T;J.VS- .0 Carried and approved. PIderman Stallmarf'-felt the rarkiiip restrictions -permitted on State Street should be revie­e ", to see if they/, uere sti11 'nenessa.ry al 11 day long. BIDS ?�OT IC: CA? �?.lderman'' `iillivan recommended the rurchase of another car for the Police Department for use by the Denut„r Chief of-71,olice. By Alderman Sullivan: seconded by A.1derran Saccucci r±,:ML1,TD_ that the Council herebv authorizes the rurchase of a new automobile as recommended and that the Clerk be authorized''to a.dverti,se.,for bids thereon. Carried. PUBLIC iEARI_d,C UP A3 `! RENEI'AL MVELO_F'E TS- By Alderman Rundle : seconded by Alderman Spano ?3ESOL9; t�the City Clerk be.- he -hereby is authorized to advertise a Public ,Hearing to be 'heldby. ;the. Common C-ouncif a:s -recrixired by law for the follmrin,x developers: s Block 99 -- Atlantic-Richfield Block 203 - ?,lilliam S . Da',rninrr`.0 q'bb1,ates Block 199 - ''Parcel 5, Donald 'tocre AND BE IT FURTHER FESOLVED� that the hearing be held in the Council Chamber at 7:3b P.M. on June - +1�.c • NAY Q i AB0,TAIt1I7gi {1' Stallamn Carried RMRT: Alderman Holland reported that five openinFs exister? carpenters :and interest _ r -?^ould anply to the Tompkins-Cortland Builders Excha.nFe . PAY SCA12 On recommendation of Alderman Tordheimer the Acting Judge s W sal: r was .re:ferred. to the Finance Committee for review and report. i.. t.; ITtIT pA> � �,ldprman eldt 'reported there 2unear_ecl 'to be no forseeable problems connected with the,.esj,g,n.,of a proposed swimming -pool and skating rink at inlet Park. He registered his concern about the` nurber and tzr 'e of tele-okp4(f and electric poles' erected along Inlet ?'ark without..anproval of the Inlet Park Committee He advised that 2r.' Yeiderkorn', pla.nninF consultant, had been'-asked to in*ostigate the possibilityo Yieir replacement`with more ornamental type of poles . Mr. StanLw”Tsanis appeared before the Council 'and urged it to adort legislation which would requ ire the utility comn�anies to place their lines underground. P''ayor l elv recommended that the Charter ? Ordinance Committee -look into this. By Alderman Nordheimer: seconded by Alderman Holland PESOLVED that the Charter P1. Ordinance Committee' be authorized to iftevelon an ordinanr^ c1' will require the local utility cormani e to bury their cables � -iithin' the City. Carried 11ARSHALL - 'UTICA-" Alderman Spano read a petition for,the 'reVlacement of yield signs at the Marshall-Utica street intersection with stops ,th2 signatures of forty--two residents and proper-ter owners in the are6.` g' By Alderman Spano: seconded by Alderman Nordheimer 7",SOLVED, that the petition be referred to the Board b°l c, y for its Aeration. Y Carried. - k COLTIMIA STF7FT BRIDr:E- Alderman P?ordheimer informed members of the Council that the i Columbia. Street bridge i*ould remain onen to nedestrien traffic during the period of, construction of a net•r pedestrian-•utili tV type structure . On motion the meeting was adjourned at 10:00 Oeo. A. Bleah, City Clerk i' 1 184 C01.1MON COUNCIL PROCEEDINGS CITY OF ITHACA, NEV YORK Special Meeting 7:30 p.m. June 25, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Rundle, Anderson, Bangs, Holland, Slattery, Saccucci, Sullivan, ABSENT; Feldt, Tolles, Boronkay, Jones, Nordheimer, Spano Alderman Stallman OTHERS PRESENT: Attorney - Barrett City Planner - Kasprzak City Engineer - Schlieder Controller - Russell Adm. Aide - Spano Clerk - Blean Deputy Clerk - Grey SALES TAX: Mayor Kiely announced he had called this special meeting for the purpose of enacting a City sales tax as directed by the Common Council on June 4th. He read a letter from Clifford E. Bower, Chairman of the Tompkins County Board of Supervisors, r�• dated June 24th, indicating that the Supervisors had not changed their decision to retoi.n (T all of the sales tax revenues on a county level. He expressed his sorrow at having to, take this course of action. He called attention to the fact that Alderman Stallman, Chairman of the City-County Cooperation Committee, was very seriously ill in the hospital at this time. "This is not Mr. Stallman's fault, and I wish the record to show that Mr. Stallman offered to resign from the Committee twice because of the in- ability of the Committee to negotiate a suitable and equitable sharing of the sales tag revenues," he concluded. Alderman Tolles expressed his sorrow too at this turn of events and accepted the responsibility of presenting the matter in Mr. Stallman's absence. He referred to a proposed resolution imposing a 1;0 sales tax within the City of Ithaca, copies of which were distributed at the Council's meeting held on June 4th, and presented it officially as follows: ( see pages 182 thru 193•) I 1_t?2 /4 By Alderman Tolles: seconded by Al an Feldt RESOLUTION OF THE Common Council ' City of Ithaca, New York, imposing taxes on sales and uses of tangible personal prope end on certain services, and on occupancy of hotel rooms, admission charges and club dues, pursuant to Article 29 of the Tax Lnv- cf the State of New York. Be it enacted by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Definitions . (a) When used in this resolution, the term "person" includes an individual, partnership, society, association, ,point stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. (b) When used in this resolution for the purpose of the taxes imposed by subdivisi (a) , (b) , (c) and (d) of Section 2 and by Section 4, the following terms shall mean: (1) Purchase at retail. A purchase by any person for any purpose other than those set forth in clauses (A) and (B) of subparagraph (i) of paragraph (4) of this subdivision. (2) Purchaser. A person who purchases property or to whom are rendered services, the receipts from which are taxable under this resolution. (3) Receipt. The amount of the sale price of any property and the charge for any service taxable under this resolution, valued in money, whether received in money or otherwise, including any amount for which credit is allowed by the vendor to the purchaser, without any deduction for expenses or early payment discounts, but excluding any credit for tangible personal property accepted in part payment and intended for resale and excluding the cost of transportation of tangible personal property sold at retail where such cost is separately stated in the written contract, if any, and on the bill rendered to the purchaser. For special rules governing computation of receipts, see Section 5. (4) Retail sale. (i) A sale of tangible personal property to any person for any purpose, other than (A) for resale as such or as a physical component part of tangible personal property, or (B) for use by that person in performing the services subject to tax under paragraphs (1) , (2), (3) and (5) of subdivision (c) of Section 2 where the property so sold becomes a physical component part of the property upon which the services are performed or where the property so sold is later actually transferred to the purchaser of the service in conjunction with the performance of the service subject to tax. (ii) The term retail sale does not include: (A) The transfer of tangible personal property to a corporation, soley in con- sideration for the issuance of its stock, pursuant to a merger or consolidation effected under the law of New York or any other jurisdiction. (B) The distribution of property by a corporation to its stockholders as a liquidating dividend. (C) This distribution of property by a partnership to its partners in whole or partial liquidation. (D) The transfer of property to a corporation upon its organization in consideration for the issuance of its stock. (E) The contribution of property to a partnership in consideration 2)r a partner- ship interest therein. (5) Sale, selling or purchase. Any transfer of title or possession or both, exchange or barter, rental, lease or license to use or consume, conditional or otherwise, in any manner or by any means whatsoever for a consideration, or any agreement therefor, including the rendering of any service, taxable under this resolution for a consideration or any agreement therefor. (6) Tangible personal property. Corporeal personal property of any nature. However, except for purposes of the tax imposed by subdivision (b) of Section 2, such term shall not include gas, electricity, refrigeration and steam. (7) Use. The exercise of any right or power over tangible personal property by the purchaser thereof and includes, but is not limited to, the receiving, storage or any keeping or retention for any length of time, withdrawal from storage, any installation, any affixation to real or personal property, or any consumption of such property. (8) Vendor. (i) The term "vendor" includes: (A) A person making sales of tangible personal property or services, the receipts from which are taxed by this resolution; (B) A person maintaining a place of business in the State and making sales, whether at such place of business or elsewhere, to persons within the City of tangible personal property or services, the use of which is taxed by this resolution; (C) A person who solicits business either by employees, independent contractors, agents or other representatives or by distribution of catalogs or other advertising matter and by reason thereof makes sales to persons within the City of tangible personal property or services, the use of which is taxed by this resolution; (D) Any other person making sales within the City of tangible personal property or services, the use of which is taxed by this resolution; who may be authorized by the tax commission to collect such tax; and (E) The State of New York, any of its agencies , instrumentalities, public corporations (including a public corporation created pursuant to agreement or compact with another state or Canada) or political subdivisions when such entity sells services or property of a kind ordinarily sold by private persons . (ii) Any salesman, representative, peddler, or canvasser, who is treated by the state tax commission as a vendor, pursuant to the provisions of Section 1101 (b) (8) (ii) of the Tax Law. (c) When used in this resolution for the purposes of the tax imposed under subdivision (e) of Section 2, the following terms shall mean: (1) Hotel. A building or portion of it which is regularly used and kept open as such for the lodging of guests. The term "hotel" includes an apartment hotel, a motel, boarding house or club, whether or not meals are served. (2) Occupancy. The use or possession, or the right to the use or possession,of any room in a hotel. (3) Occupant. A person who, for a consideration, uses , possesses, or has the right to use or possess, any room in a hotel under any lease, concession, permit, right of access, license to use or other agreement, or otherwise. (4) Operator. Any person operating a hotel. (5) Permanent resident. Any occupant of any room or rooms in a hotel for at least ninety consecutive days shall be considered a 'permanent resident with regard to the period of such occupancy. (6) Rent. The consideration received for occupancy valued in money, whether received in money or otherwise. (7) Room. Any room or rooms of any kind in any part or portion of a hotel, which is available for or let out for any purpose other than a place of assembly. (d) When used in this resolution for purposes of the tax imposed under subdivision (f) of Section 2, the following terms shall mean: (1) Active annual member. A member who is not a life member but who enjoys full club privileges as distinguished from the privileges enjoyed by a person holding a nonresident membership, an associate membership, or other partial or restricted membership. (2) Admission charge. The amount paid for admission, including any service charge and any charge for entertainment or amusement or for the use of facilities thereof. (3) Amusement charge. Any admission charge, dues or charge of roof garden, cabaret or other similar place. (4) Charge of a roof garden, cabaret, or other similar place. Any charge made for admission, refreshment, service, or merchandise at a roof garden, cabaret or other similar place. (5) Dramatic or musical arts admission charge. Any admission charge paid for admission to a theatre, opera house, concert hall or other hall or place of assembly for a live dramatic, choreographic or musical performance. (6) Dues. Any dues or membership fee including any assessment, irrespective of the purpose for which made, and any charges for social or sports privileges or facilitier' . Dues of a life member shall be an annual equivalent to the amount paid as dues, within in this definition, by an active annual member, whether or not the life member paid for his life membership prior to the imposition of the tax by this resolution. (7) Initiation fee. Any payment, contribution, or loan, required as a condition precedent to membership, whether or not such payment, contribution or loan is evidenced by a certificate or interest or indebtedness or share of stock, and irrespective of the person or organization to whom paid, contributed or loaned. (8) Lessor. Any person who is the owner, licensee, or lessee or any place of amusement, roof garden, cabaret or other similar place which he leases , subleases or grants a license to use to other persons who make amusement charges or admission charges . (9) Patron. Any person who pars an amusement charge or who is otherwise required to pay the tax imposed under such subdivision (f) of Section 2. (10) Place of amusement. Any place where any facilities for entertainment, amuse- ment, or sports are provided. (11) Receipient. Any person who collects or receives or is under a duty to collect an amusement charge. (12) Roof garden, cabaret or other similar place. Any roof garden, cabaret or other similar place which furnishes a public performance for profit. (13) Social or athletic club. Any club or organization of which a material purpose or activity is social or athletic. (2) SECTION 2. Imposition of sales tax. On and after March lst, nineteen hundred seventy, there is hereby imposed and there shall be paid a tax of one and one-half percent upon: (a) The receipts from every retail sale of tangible personal property, except as otherwise provided in this resolution. (b) The receipts from every sale, other than sales for resale, of gas, electricity, refrigeration and steam, and gas, electric, refrigeration and steam service of whatever nature, and from every sale, other than sales for resale, of telephony and telegraphy and telephone and telegraph service of whatever nature except inter- state and international telephony and telegraphy and telephone and telegraph service. (c) The receipts from every sale, except for resale, of the following services: (1) The furnishing of information by printed, mimeographed or multigraphed matter or by duplicating written or printed matter in any other manner, including the services of collecting, compiling or analyzing information of any kind or nature and furnishing reports thereof toother persons , but excluding the furnish- ing of information which is personal or individual in nature and which is not or may not be substantially incorporated in reports furnished to other persons, and excluding the services of advertising or other agents, or other persons acting in a representative capacity, and information Services used by newspapers, radio broadcasters and television broadcasters in the collection and dissemination of news . (2) Producing, fabricating, processing, printing or imprinting tangible personal property, performed for a person who directly or indirectly furnishes the tangible personal property,not purchased by him for resale, upon which such services are performed. (3) Installing tangible personal property, or maintaining, servicing, repairing tangible personal property not held for sale in the regular course of business, whether or not the services are performed directly or by means of coin- operated equipment or by any other means, and whether or not any tangible personal property is transferred in conjunction therewith, except such services rendered by an individual who is engaged directly by a private home owner or lessee in or about this residence and who is not in a regular trade or business offering his services to the public, and except any receipts from laundering, dry-cleaning, tailoring, weaving, pressing, shoe repairing and shoe shining, and except for installing property which, when installed, will constitute an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the Real Property Tax Law, and except such services rendered with respect to commercial vessels primarily engaged in interstate or foreign commerce and property used by or purchased for the use of such vessels for fuel, provisions , supplies, maintenance and repairs (other than with respect to articles purchased for the original equipping of a new ship) ; provided, however, that nothing contained in this paragraph shall be construed to exclude from tax under this paragraph or under subdivision (b) of this section any charge, made by a person furnishing service subject to tax under subdivision (b) of this section, for installing property at the premises of a purchaser of such a taxable service for use in connection with such service. (4) Storing all tangible personal property not held for sale in the regular course of business and the rental of safe deposit boxes or similar space. (5) Maintaining, servicing or repairing real property, property or land, as such terms are defined in the Real Property Tax Law, whether the services are performed in or outside of a building, as distinguished from adding to or im- proving such real property, property or land, by a capital improvement, but excluding services rendered by an individual who is not in a regular trade or business offering his services to the public, and excluding interior cleaning and maintenance services performed on a regular contractual basis for a term of not less than thirty days, other than window cleaning, rodent and pest control and trash removal from buildings . Wages, salaries and other compensation paid by an employer to an employee for performing as an employee the services described in paragraphs (1) through (5) of this subdivision (c) are not receipts subject to the taxes imposed under such subdivision. (d) (i) Irrespective of price, when beer, wine or other alcoholic beverages are sold, or when the charge to the patron or customer is one dollar or more for a sale of food and drink of any nature or of food alone, receipts from every such sale in or by restaurants , taverns or other establishments in this City or by caterers , including the amount of such receipts any cover, minimum, entertainment or other charge made to patrons or customers (except those receipts taxed pursuant to subdivision (f) of this section) : (1) in all instances where the sale is for consumption on the premises where sold. (3) (2) in those instances where the vendor or any person whose services are arranged for by the vendor, after the delivery of the food or drink by or on behalf of the vendor for consumption off the premises of the vendor, serves or assists in serving, cooks, heats or provides other services with respect to the food or drink; and (3) in those instances where the sale is for consumption off the premises of the vendor, and consists of a meal, or food prepared and ready to be eaten, of a kind obtainable in restaurants as the main course of a meal, including a sandwich, except where food other than sandwiches is sold in an unheated state and is of a type commonly sold in the same form and condition in food stores other than those which are principally engaged in selling prepared foods . (ii) The tax imposed by this subdivision shall not apply to: (A) food or drink which is sold to an air line for consumption while in flight; (B) food or drink sold to a student of a nursery school, kindergarten, elementary or secondary school at a restaurant or cafeteria located on the premises of such a school, or food or drink, other than beer, wine, or other alcoholic beverages, sold at a restaurant, tavern or other establishment located on the premises of a college, university or a school (other than a nursery school, kindergarten, elementary or secondary school) to a student enrolled therein who purchases such food or drink under a contractual arrangement whereby the student does not pay cash at the time he is served, provided the school, college or university described in this subparagraph is operated by an exempt organization described in subdivision (a) of Section 1116 of the Tax Law, or is created, in- corporated, registered, or licensed by the State Legislature or pursuant to the Education Law or the regulations of the Commissioner of Education, or is incorporated by the Regents of the University of the State of New York or with their consent or the consent of the Commissioner of Education as provided in Section 216 of the Education Law. (e) The rent for every occupancy of a room or rooms in a hotel in this City, except that the tax shall not be imposed upon (1) a permanent resident, or (2) where the rent is not more than at the rate of two dollars per day. (f) (1) Any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the City, except charges for admission to race tracks, boxing, sparring or wrestling matches or exhibitions which charges are taxed under the laws of this State except taxes imposed by Article 28 of the Tax Law of the State of New York, or dramatic or musical arts performances, or motion picture theatres, and except charges to a patron for admission to, or use of, facilities for sporting activities in which such patron is to be a participant, such as bowling alleys and swimming pools. For any person having the permanent use of a box or seat or a lease or a license, other than a season ticket, for the use of a box or seat at a place of amusement, the tax shall be upon the amount for which a similar box or seat is sold for each performance or exhibition at which the box or seat is used or reserved by the holder, licensee or lessee, and shall be paid by the holder, licensee or lessee. (2) The dues paid to any social or athletic club in this City if the dues of an active annual member, exclusive of the initiation fee, are in excess of ten dollars per year, and on the initiation fee alone, regardless of the amount of dues, if such initiation fee is in excess of ten dollars, except that the tax shall not apply to a fraternal society, order or association operating under the lodge system or any fraternal association of students of a college or university. Where the tax on dues applies to any such social or athletic club, the tax shall be paid by all members thereof regardless of the amount of their dues, and shall be paid on all dues or initiation fees for a period commencing on or after Mrs ch first, nineteen hundred seventy. In tie case of a life membership, the tax shall be upon the annual amount paid by active annual members as dues, whether or not the life member paid for or was admitted to such membership prior to the imposition of the tax under this resolution, and shall be paid annually by the person holding such life membership at the time for payment of dues by active annual members. (3) The amount paid as charges of a roof garden, cabaret or other similar place in the state. SECTION 3. Transitional provisions. (a) The taxes imposed under subdivision (a) , (c) and (d) of Section 2 shall be paid upon all sales made and services rendered on or after the effective date of this resolution although made on or rendered under a prior contract, except as provided in Section 12, and except that a delivery or transfer of possession of tangible personal property made after said date pursuant to an agreement for the sale of said property made before the date four months earlier than the effective date of this resolution shall not be subject to tax if: (1) such agreement for the sale of said property was made in writing, (2) the particular ( 4) item or items of property so sold or agreed to be sold were segregated, before November first, nineteen hundred sixty-eight, from any other similar property in the possession of the vendor and identified as having been appropriated to such sale or agreement of sale, and (3) the purchaser, before March first, nineteen hundred seventy shall have paid to the vendor not less than ten percent of the sale price of said property. (b) The tax imposed under subdivision (b) of Section 2 shall be paid with respect to receipts for property or services sold on or after March first, nineteen hundred seventy although made under a prior contract. Where property or service is sold on a monthly, quarterly or other term basis and the bills for such property or service are based on meter readings, the amount received on each bill for such property or service for a month or other term shall be a receipt subject to the tax, but such tax shall be applicable to all bills based on meters read on or after March first, nineteen hundred seventy only where more than one-half of the number of days included in the month or other period billed are days subsequent to February twenty-eighth, nineteen hundred seventy; provided, however, that where such bills are for telephone or telegraph service the tax shall apply to all receipts on such bills dated on or after March first, nineteen hundred seventy, for which no previous bill was rendered, excepting, however, charges for services furnished before the date of the first of such bills. (c) The tax imposed under subdivision (e) of Section 2 shall be paid upon any occupancy on and after March first, nineteen hundred seventy,although such occupancy is pursuant to a prior contract, lease or other arrangement. Where rent is paid on a weekly, monthly or other term basis, the rent shall be subject to the tax imposed under such subdivison (e) to the extent that it covers any period on and after March first, nineteen hundred seventy and such rent shall be apportioned on the basis of the ratio of the number of days falling within said period to the total number of days covered thereby. (d) Except as otherwise hereinafter provided, the tax imposed under subdivision (f) of section 2 shall be applicable to any admission to or the use of facilities of a place of amusement occurring on or after March first, nineteen hundred seventy, whether or not the admission charge has been paid prior to such date, unless the tickets were actually sold and delivered (other than for resale) prior to March frist, nineteen hundred seventy to a person attending the performance occurring on or after such date. (e) A refund or credit equal to the amount of the sales or compensating use tax paid on the sale, or use of tangible personal property, under a local law, ordinance or resolution imposed pursuant to the authority of chapter eight hundred seventy- three of the laws of nineteen hundred thirty-four, as amended, or chapter two hundred seventy-eight of the laws of nineteen hundred forty-seven, as amended, shall be allowed, upon application to the tax commission as provided for herein, where such property has been used by the purchaser or user in performing the services subject to tax under paragraphs (1) , (2) , (3) and (5) or subdivision ( c) of Section 2 and such property has become a physical component part of the property upon which the services are performed or has been transferred to the purchaser of the service in conjunction with the performance of the service subject to tax, except that such refund or credit may not exceed the combined state and local taxes, if any, paid, pursuant to article twenty-eight of the Tax Law and under the tax imposed by this resolution, on the sale or use of the service in connection with which such property was used. No interest shall be allowed or paid upon any refund made or credit allowed pursuant to this subdivision. SECTION 4. Imposition of compensating use tax. Unless property or services have already been or will be subject to the sales tax under this resolution, there is hereby imposed on every person a use tax for the use within this City on and after March first, nineteen hundred seventy, except as otherwise exempted under this resolution: (A) of any tangible personal property purchased at retail, (B) of any tangible personal property manufactured, processed or assembled by the user, if items of the same kind of tangible personal property are offered for sale by him in the regular course of business , (C) of any of the services described in paragraph (1) of subdivision (c) of Section 2, and (D) of any tangible personal property, however acquired, where not acquired for purpose of resale, upon which any of the services described in paragraphs (2) and (3) of subdivision (c) of Section 2 have been performed. For purposes of (5) f ± f f clause (A) of this section, the tax shall be at the rate of one and one-half percent of the consideration given or contracted to the given for such property, or for the use of such property, but excluding any credit for tangible personal property accepted in part payment and intended for resale, plus the cost of transportation except where such cost is separately stated in the written contract, if any, and on the bill rendered to the purchaser. For purposes of clause (B) of this section, the tax shall be at the rate of one and one-half percent of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. For purposes of clauses (C) and (D) of this section, the tax shall be at the rate of one and one-half percent of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service, plus the cost of transportation of property so transferred and of the tangible personal property upon which the service was performed, except where such cost is separately stated in the written contract, if any, and on the bill rendered to the purchaser. SECTION 5 . Special rules for computing receipts and consideration. (a) The retail sales tax imposed under subdivision (a) of Section 2 and the compensating use tax imposed under Section 4 when computed in respect to tangible personal property wherever manufactured, processed or assembled and used by such manufacturer, processor or assembler in the regular course of business within this City shall be based on the price at which items of the same kind of tangible personal property are offered for sale by him. (b) Tangible personal property, which has been purchased by a resident of this City outside of this City for use outside of this City and subsequently becomes subject to the compensating use tax imposed under this resolution shall be taxed on the basis of the purchase price of such property, provided, however: (1) That where a taxpayer affirmatively shows that the property was used outside this City by him for more than six months prior to its use within this City such property shall be taxed on the basis of current market value of the property at the time of its first use within this City. The value of such property, for compensating use tax purposes, may not exceed its cost. (2) That the compensating use tax on such tangible personal property brought into this City (other than for complete consumption or for incorporation into real property located in this City) and used in the performance of a contract or subcontract within this City by a purchaser or user for a period of less than six months may be based, at the option of the taxpayer, on the fair rental value of such property for the period of use within this City. (c) With respect to property leased, or sold under a contract deferring payments, tax shall be payable at such times and in such amounts as may be prescribed by the state tax commission as provided in Section 1132 of the Tax Law. (d) If the state tax commission has prescribed or shall prescribe schedules of the amount of tax to be collected upon each gallon of motor fuel and diesel motor fuel sold at retail service stations, and upon each pack of cigarettes, as provided in Section 1111 of the Tax Law, the tax thereon shall be collected as prescribed in such schedules. SECTION 6. Exemptions from sales and use taxes. (a) Receipts from the following shall be exempt from the tax on retail sales imposed under subdivision (a) of Section 2 and the compensating use tax imposed under Section 4: (1) Food, food products, beverages, dietary foods and health supplements, sold for human consumption but not including (i) candy and confectionery, (ii) fruit drinks which contain less than seventy percent of natural fruit juice, (iii) soft drinks, sodas , and beverages such as are ordinarily dispensed at soda fountains or in connection therewith (other than coffee, tea and cocoa) and (iv) beer, wine or other alcoholic beverages, all of which shall be subject to the retail sales and compensating use taxes , whether or not the item is sold in liquid form. Nothing herein shall be construed as exempting food or drink from the tax imposed under subdivision (d) of Section 2. (2) Water, when delivered to the consumer through mains or pipes. (3) Drugs and medicines intended for use,internally or externally, in the cure, mitigation, treatment of prevention of illnesses or diseases in human beings and products consumed by humans for the preservation of health but not including medical equipment and supplies other than such drugs and medicines, or cosmetics or tiolet articles notwithstanding thepresence of medicinal ingredients therein. (4) Prosthetic aids, hearing aids, or eyeglasses and artificial devices designed for the use of a particular individual to correct or alleviate physical incapacity. (5) Newspapers and periodicals. (6) Tangible personal property, except property incorporated in a building or structure, for use or consumption directly and exclusively in the production for sale of tangible personal property by farming, including stock, dairy, poultry, fruit, fur bearing animal, and truck farming. The term farming shall also include ranching, operating nurseries, greenhouses or other similar structures used primarily for the raising of agricultural, horticultural or floricultural commodities, and operating orchards. (7) Tangible personal property sold by a mortician, undertaker or funeral director. However, all tangible personal property sold to a mortician, under- taker or funeral director for use in conducting of funerals shall not be deemed a sale for resale within the meaning of paragraph (4) of sub-division (b) of Section 1 of this resolution and shall not be exempt from the retail sales tax. (8) Commercial vessels primarily engaged in interstate or foreign commerce and property used by or purchased for the use of such vessels for fuel, provisions, supplies , maintenance and repairs (other than articles purchased for the original equipping of a new ship) . (9) Fuel sold to an airline for use in its airplanes. (10) Tangible personal property purchased for use or consumption directly and exclusively in research and development in the experimental or laboratory sense. Such research and development shall not be deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies, consumer surveys, advertising, promotions or research in con- nections with literary, historical or similar projects. (11) The flags of the United States of America and the State of New York. (12) Tangible personal property sold through coin-operated vending machines at ten cents or less, provided the retailer is primarily engaged in making such sales and maintains records satisfactory to the state tax commission. (b) (i) Telephony and telegraphy and telephone and telegraph service used by newspapers, radio broadcasters and television broadcasters in the collection or dissemination of news shall be exempt from the tax imposed under subdivision (b) of Section 2 if the charge for such services is a toll charge or a charge for mileage services, including the associated station terminal equipment. (ii) Gas, electricity, refrigeration and steam, and gas, electric, refrigeration and steam service of whatever nature for use or consumption directly and exclusively in research and development in the experimental or laboratory sense shall be exempt from the tax imposed under subdivision (b) of Section 2. Such research and development shall not be deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies , consumer surveys, advertising, promotions or research in connection with literary, historical or similar projects. (c) All sales of tangible personal property for use or consumption directly and exclusively in the production of tangible personal property, gas, electricity, refrigeration or steam, for sale, by manufacturing, processing, generating, assembling, refining, mining, extracting, farming, agriculture , horticulture or floriculture, and all sales of telephone central office equipment and station apparatus or comparable telegraph equipment for use directly and exclusively in receiving at destination or in initiating and switching telephone or telegraph communication shall be exempt from the taxes imposed under subdivisions ( a) and (b) of Section 2. (d) Services otherwise taxable under paragraph (1) , (2) or (3) of subdivision (c) of Section 2 herein shall be exempt from tax under this resolution if the tangible personal property upon which the services were performed is delivered to the purchaser outside the City for use outside the City. (e) Telephone and telegraph service paid for by inserting coins in coin- operated telephones where the charge is ten cents or less shall be excempt from the tax imposed under subdivision (b) of Section 2. (f) Services rendered by a veterinarian licensed and registered as required by the education law which constituted the practice of veterinary medicine as defined in said law, including hospitalization for which no separate boarding charge is made, shall not be subject to tax under paragraph (3) of subdivision (c) of Section 2, but the exemption allowed by this subdivision shall not apply to other services provided by a veterinarian to pets and other animals, including, but not limited to, boarding, grooming and clipping. Articles of tangible personal property designed for use in some manner relating to domestic animals or poultry, when sold by such a veterinarian, shall not be subject to tax under subdivision (a) of Section 2 or under Section 4. However, the sale of any such articles of tangible personal property to a veterinarian shall not be deemed a sale for resale within the meaning of paragraph ( 4) of subdivision (b) of Section 1 and shall not be exempt from retail sales tax. l 7i s 3 IV SECTION 7. Exempt organizations. (a) Except as other wise provided in this section, any sale or amusement charge by or to any of the following or any use or occupancy by any of the following shall not be subject to the sales and compensating use taxes imposed under this resolution. (1) The State of New York, or any of its agencies, instrumentalities, publi c corporations (including a public corporation created pursuant to agreement or compact with another state or Canada) or political subdivisions where it is the purchaser, user or consumer, or where it is a vendor of services or property of a kind not ordinarily sold by p-ivate persons; (2) The United States of America, and any of its agencies and instrum:znt- alities, insofar as it is immune from taxation where it is the purchaser, user or consumer, or where it sells cervices or ro p perty of a kind not ordinarily sold by private persons; ( 3) The United Nations or any interna-ional organization of which the United States of America is a me.mDer v ere it I.s the purchaser, user or consumer, or where it sells services or prope=rty of a ki-.iJ net c rdinarily sold by private persons; and (4) Any corporation, association., tr-,rt, or community chest, fund or foundation, organized and operated exc1.u^i.-;a1y for religious, charitable, scientific, testing for public srafety, literary or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no sub- stantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participatein, or intervene in (including the publishing or distributing of statements) , any political campaign on behalf of any candidate for public office. (b) Nothing in this section shall exempt: (1) retail sales of tangible personal property by any shop or store c^c-- 1-4 by an organization described in paragraph (4) of subdivision (a) of this section, or (2) Sales of food or drink in or by a restaurant, tavern or other establish- ment operated by an organization described in paragraph (1) cr paragraph (4) of subdivision (a) of this section, other than sales exempt under paragraph (ii) of subdivision (d) of Section 2, from the taxes immosed hereunder, unless the purchaser is an organizat'_cn exert under this section. (c) Where any Organization described in paragraph (4) of subdivision (a) of this section carries on its activities in furtherance of the purposes for which it was organize-3, in prc,.ises in which, as part of said activities, it operates a hotel, occupancy of rooms in t"!n premises and rents therefrom received by such corporation or association shall not be subject to tax hereunder. (d) (1) Except as provided in paragraph (2) of this subdivision, any admission all of the proceeds of which inure exclusively to the benefit of the following organizations shall not be subject to ar:; of the taxes imposed under subdivision (f) of Section 2. (A) An organization described in paragraph (4) of subdivision (a) of this section:. (B) A society or organization ccnJucted for the sole purpose of maintaining symphony orchestras or operas and receiving subst!,ntial support from voluntary contributions; (C) National guard organizations, posts or organizations of war veterans, or auxiliary units or societies of any such posts or organizations, if such posts, organizations, units or societies are organized in this state, and if no part of their net earnings inure to the benefit of any private stockholder or individual; or (D) A police or fire department of a political subdivision of the str±e, or a voluntary fire or ambulance company or exclusively to a retirement, pension or dis- ability fund for the sole benefit of members of a police or fire department or to a fund for the heirs of such members. (2) The exemption provided under paragraph (1) of this subdivision shall not apply in the case of admissions to: (A) Any athletic game or exhibition unless the proceeds shall inure exclusively to the benefit of elementary or secondary schools or unless in the case of an athletic game between two elementary or secondary schools, the entire gross proceeds from such game shall inure to the benefit of one or more organizations described in paragraph (4) of subdivision (a) of this section; or (B) Carnivals, rodeos, or circuses in which any professional performer or operator participates for c^nape::^.lion. (8) (3) Admission charges for admission to the following places or events shall not be subject to any of the taxes imposed under subdivision (f) of Section 2. (A) Any admission to agricultural fairs if no part of the net earnings thereof inures to the benefit of any stockholders or members of the association conducting the same ; provided the proceeds therefrom are used exclusively for the improvement, maintenance and operation of such agricultural fairs. (B) Any admission to a home or garden which is temporarily open to the general public as a part of a program conducted by a society or organization to permit the inspection or historical homes and gardens; provided no part of the net earnings thereof inures to the benefit of any private stockholder or individual. (C) Any admission to historic sites, houses and shrines, and museums conducted in connection therewith, maintained and operated by a society or organization devoted to the preservation and maintenance of such historic sites, houses, shrines and museums; provided no part of the net earnings thereof inures to the benefit of any private stockholder or individual. SECTION 8. Deliveries outside the City; deliveries within the City of property sold or serviced elsewhere. Where a sale of tangible personal property or services other than those described in subdivision (b) of Section 2, including an agreement therefor, is made in this City, but the property sold or the property upon which the services were performed is or will be delivered to the purchaser elsewhere, such sale shall not be subject to tax under this resolution. However, if delivery occurs or will occur in a city, county or school district imposing a tax on the sale or use of such.property, pursuant to the authority of Article 29 of the Tax Law, the vendor shall be required to collect from the purchaser,as provided in Section twelve hundred fifty-four of the Tax Law of the State of lbw York, the aggregate sales or compensating use taxes imposed by the city, if any, county and school district in which delivery occurs or will occur, for distribution by the state tax commission to such taxing jurisdiction or jurisdictions. Where a sale of tangible personal property or services other than those described in subdivision (b) of Section 2, including an agreement therefor, is made outside this City, but the property sold or the property upon which the services were performed is or will be delivered to the purchaser in this City, such sale and use of such property or services shall be subject to tax under this resolution, and the vendor shall be required to collect from the purchaser, as provided in Section twelve hundred fifty-four of the Tax Law of the State of New York the sale or use tax imposed by this resolution, for distribution by the state tax commission to this City. For the purposes of this section, delivery shall be deemed to include transfer of possession to the purchaser and the receiving of the property by the purchaser. SECTION 9. Certain sales of motor vehicles; proof required for registration of motor vehicles. (a) Where a sale of a motor vehicle, including an agreement therefor, is made in this City, to a nonresident thereof, such sale shall not be subject to tax under this resolution, despite the fact that such motor vehicle is delivered to the purchaser within this City provided the purchaser furnishes to the vendor, prior to taking delivery, proof satisfactory to the tax commission that the purchaser: (1) is a nonresident of this City; (2) has no permanent place of abode within this City; (3) is not engaged in carrying on in this City any employment, trade, business or profession in which the motor vehicle will be used in this City, and such other proof as the tax commission may require to insure proper. adninistration of the taxes imposed under subdivision (a) of Section 2. However, if the purchaser resides in a city, county or school district imposing 6, tax on the use of such motor vehicle, the vendor shall be required to collect from the purchaser, as provided in Section twelve hundred fifty-four of the Tax Law of the State of New York, the aggregate compensating use taxes imposed by the city, if any, county and school district in which the purchaser resides, for distribution by the state tax commission to such taxing jurisdiction or jurisdictions. (b) A vendor shall not be liable for failure to collect tax on such sale of a motor vehicle provided the proof furnished to him by the purchaser pursuant to subdivision (a) of this section shows that the purchaser's residence is not in (9) any city, county or school district which imposes a tax on the use of such motor vehicle, and provided the vendor keeps such proof available for inspection by the state tax commission and further provided that such proof is not known by the vendor, prior to making physical delivery of the motor vehicle, to be false. (c) For purposes of this section, the term "motor vehicle" shall include a motor vehicle as definedin section ene hundred twenty-five of the Vehicle and Traffic Law of the State of New York, and a trailer as defined in section one hundred fifty-eix of such law. SECTION 10. Territorial limitations . Any tax imposed under the authority of this resolution shall apply only within the territorial limits of this City, except that any establishment located primarily within this City E d partially within a town or towns and receiving any services or utilities provided by this City shall be deemed to be wholly within the City for the purposes of the taxes imposed by subdivisions (b) and (e) of Section 2. SECTION 11. Exemptions from use tax. The following uses of property shall not be subject to the compensating use tax imposed under this resolution: (1) In respect to the use of property used by the purchaser in this City prior to March - first, nineteen hundred seventy. (2) In respect to the use of property purchased by the user while a nonresidept of this City, except in the case of tangible personal property which the user, in the performance of a contract, incorporates into real property located in the City. A person while engaged in any manner in carrying on in this City any employment, trade, business or profession, shall not be deemed a nonresident with respect to the use in this City of property in such employment, trade, business or profession. (3) In respect to the use of property or services upon the sale of which the purchaser would be expressly exempt from the taxes imposed under subdivision (a) , (b) or (c) of Section 2. (4) In respect to the use of property which is converted into or becomes a component part of a product produced for sale by the purchaser. (5) In respect to the use of paper in the publication of newspapers and periodicals. (6) (A) In respect to tine use of property or services to the extent that a retail sales tax or a compesating use tax was legally due and paid thereon, without any right to a refund or credit thereof, to (a) any municipal corporation in this state or (b) F,--y other state or jurisdiction within any other state, but only when it is shown that such other state or jurisdiction allows a corresponding exemption with respect to the sale or use of tangible personal property or of ar-r of the services upon v-hich such a sale or compensating use tax was paid to this State and any of its maizicipal corporations, except as provided in sub-paragraph (B) of paragraph (6) of this section. (B) To the extent that a co rensating use tax imposed by this resolution and the compensating use tax imposed by Article 28 of the Tax Law are at a higher aggregate rate than the rate of tax imposed in any other state or jurisdiction within any other state, the exemption provided in sub-paragraph (A) of paragraph 6 of this section shall be inapplicable and the taxes imposed by this resolution and by Article 28 shall apply to the extent of the difference between such aggregate rate and the rate paid in such other state or jurisdiction. Where a retail sales tax or a compensating use tax was legally due and paid to any municipal corporation in this State, without any right to a refund or credit thereof, with respect to the sale or use of tangible personal property or any of the services subject to sales or compensating use tax, if the use of such property or services is then subject to the compensating use tax imposed by this resolution and such tax is at a higher rate than the rate of tax imposed by the first municipal corporation, the tax imposed by this resolution shall also apply but only to the extent of the difference in such rates . (C) For the purposes of this paragraph, a payment to the State Tax Commission of a tax imposed by a municipal corporaticnshall be deemed a payment to such municipal corporation. (10) SECTION 12. Refunds or credits based on proof of certain uses. (a) Subject to the conditions and limitations provided for herein, a refund or credit shall be allowed for a tax paid pursuant to subdivision (a) of Section 2 or Section 4, - (1) on the sale or use within this City of tangible personal property if the purchaser or user, in the performance of a contract, later incorporates that tangible personal property into real property located outside this City; (2) on the sale or use of tangible personal property purchased in bulk, or any portion thereof, which is stored and not used by the purchaser or user within this City if that property is subsequently reshipped by such purchaser or user to a point outside this City for use outside this City; (3) on the sale to or use by a contractor or subcontractor of tangible personal property if that property is used by him solely in the performance of a pre-existing lump sum or unit price construction contract; or ( 4) on the sale or use within this City of tangible personal property, not purchased for resale, if the use of such property in this City is restricted to fabricating such property (including incorporating it into or assembling it with other tangible personal property) , processing, printing or imprinting such property and such property is then shipped to a point outside this City for use outside this City. (For the purposes of clause (3) of the preceding sentence , the term "pre-existing lump sum or unit price construction contract" shall mean a contract for the construction of improvements to real property under which the amount payable to the contractor or subcontractor is fixed without regard to the costs incurred by him in the performance thereof, and which (i) was irrevocably entered into prior to the date of the enactment of this resolution or the enactment of a law increasing the rate of tax imposed under this resolution, or (ii) resulted from the accept- ance by a governmental agency of a bid accompanied by a bond or other performance guaranty which was irrevocably submitted prior to such date.) Where the tax on the sale or use of such tangible personal property has been paid to the vendor, to qualifyfbr such refund or credit, such tangible personal property must be incorporated into real property as required in clause (1) above, reshipped as required in clause (2) above or used in the manner described in clauses (3) or (4) above within three years after the date such tax was payable to the state tax commission by the vendor pursuant to section eleven hundred thirty-seven of the Tax Law. Where the tax on the sale or use of such tangible personal property was paid by the applicant for the credit or refund directly to the state tax commission, to qualify for such refund or credit, such tangible personal property must be incorporated into real property as required in clause (1) above, reshipped as required in clause (2) above or used in the manner described in clauses (3) or (4) above within three years after the date such tax was :payable to the state tax commission by such applicant pursuant to article twenty-eight of the Tax Law. With respect to a sale or use described in clause (3) above, the purchaser or user shall be entitled to a refund or credit of the amount of the taxes imposed by this resolution if enacted later than the date of such contract or bid, or of the amount reflecting an increase in the rate of tax enacted later than said date, as the case may be, but only to the extent that all such sales and use taxes paid on such sale or use under the aggregate statewide and local taxes imposed under article twenty-eight and by authority of article twenty-nine exceeded an amount computed by applying against such sale or use the aggregate of the rates of statewide and local sales and use taxes that were in effect at the time such contract was entered into or such bid was submitted. (b) A refund or credit equal to the amount of sales or compensating use tax imposed by article twenty-eight of the Tax Law and under this resolution, and paid on the sale or use of tangible personal property, shall be allowed where such property has been used by the purchaser or user it performing the services subject to tax under paragraphs (1) , (2) , ( 3) , and (5) of subdivision (c) of Section 2 and such property has become a physical component part of the property upon which the services are performed or has been transferred to the purchaser of the service in conjunction with the performance of the service subject to tax. I SECTION 13. Administration and collection. The taxes imposed by this resolution under the authority of article 29 of the Tax Law shall be administered and collected by the state tax commission in the same manner as the taxes 'imposed under article twenty-eight of the Tax Law are administered and collected by such commission. All of the provisions of said article twenty-eight relating to or applicable to the administration and collection of the taxes imposed by that article shall apply to the taxes imposed by this resolution, including sections eleven hundred one, eleven hundred six (e) , (11) 19 qP eleven hundred eleven, eleven hundred eighteen (b), eleven hundred nineteen and eleven hundred thirty-one through eleven hundred forty-seven, with the same , 41 force and effect as if those provisions had been incorporated in full into this resolution except as otherwise provided in Section 1250 of the Tax Law. SECTION 14. Dispostion of revenues . "Net collections distributed to this City by the State Tax Commission pursuant to Section twelve hundred sixty-one of the Tax Law of the State of New York shall be paid into the treasury of the City, shall be credited to and deposited in the general fund thereof, and shall be available for any city purpose. Expenditures from the proceeds of the taxes imposed by this resolution shall not be considered .. as part of the cost of government within the meaning of any limitation on expenditures contained in any general, special or local law applicable to this '•` .: City. As used in this section, net collections shall mean the moneys collected from the taxes imposed pursuant to this resolution, after ring therefrom expenses of administration and collection and amounts re r 'to be ed. " �- SECTION 15. Construction and Enforcement. This resolution shall be construed and enforced in conformity with Articles 28 and 29 of the Tax Law of the State of New York pursuant to which the same is enacted. SECTION 16. Separability. If any provision of this resolution or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such Judgment shall not affect, impair or invalidate the remainder of this resolution but shall be confined in its operation to the provision thereof directly involved in the controversy in which such judgment shall have been rendered and the application of such provision to other persons or circum- stances shall not be affected thereby. SECTION 17. Effective date. This resolution shall take effect on the first day of March nineteen hundred seventy, except that certificates of registration may be filed with the state tax commission and certificates of authority to collect tax may be issued by the state tax commission prior to said date. SEE BALANCE OF MINUTES ON NEXT PAGE (Page 194. ) w (12) 194 June 25, 1969 Mr. Jon Levy, Executive Vice-President of the Chamber of Commerce, pleaded for further attempts at negotiation between City and County and predicted that City taxpayers would suffer a 67¢ tax rate increase if the City enacted its own sales tax and stand a good chance of benefitting by a 67¢ rate reduction if the City got a share by negotiation. Mr. David Saperstone predicted the City would become deserted if it enacted its own sales tax and the County rescinded its. Alderman Tolles felt the City was motivated to obtain its full share of the sales tax revenues either through negotiation or by enacting its own to diminish the contrast between property taxes within and outside the City limits and to create an atmosphere more conducive to urban development in the City. He urged enactment of the measure to preserve the City's option to receive its fair share of the tax. He advised that if it did not enact the measure at this time and the Board of Supervisors failed to share the tax with the City, the City would lose its opportunity of receiving any share at all. "If the City gets a firm and equitable offer from the County, I recommend that the City take appropriate action to rescind the City's sales tax," he concluded. AldermaiivSaccuc d a resoltuion to delay action and try once more to negotiate with the S `'``' ': 3 s motion was ruled out of order by the Mayor and it was not seconded. iiidt felt that to enact the measure now and then try again to negotiate would be the more definite step to take at this time. Alderman Nordheimer supported the measure and urged representatives of the Chamber of Commerce and other interested groups to urge the Supervisors and Aldermen alike to consider the need for maintaining good relations and a healthy fiscal structure throughout the entire County, At the request of Alderman Saccucci, Mayor Kiely declared a five-minute recess at the ` end of which he reconvened the meeting. A roll call vote was taken which resulted as follows: AYES; 8 - Bangs, Holland, Slattery, Sullivan, Feldt, Tolles, Jones, Nordheimer NAYS: 5 - Rundle, Anderson, Saccucci, Boronkay, Spano. Motion Carried. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the Common Council hereby requests Tompkins County Planner to initiate immediately an economic analysis of Tompkins County which will show the total amount of revenues from all sources collected by each governmental unit in the County. Carried. j By Alderman Nordheimer: seconded by Alderman Feldt RESOLVED, that it is the sense of this Council that present circumstances, which have failed to produce suitable negotiations between the City and County for an equitable sharing by the City in the sales tax revenue, have regrettably forced the City to enact its own sales tax at this time. Carried. By Alderman Feldt: seconded by Alderman Spano WHEREAS, this Council is sincerely hopeful that further negotiations between the City and County will be successful and produce a suitable negotiated agreement between both parties for a sharing by the City in the sales tax revenues, NOW THEREFORE BE IT RESOLVED, that the Council hereby expresses its intent to rescind the 1&0 City sales tax enacted at this time upon completion of such an agreement. AYES: 10 - Sullivan, Saccucci, Slattery, Holland, Bangs, Rundle, Spano, Boronkay, Tolles, Feldt NAYS: 3 - Nordheimer, Jones, Anderson Carried. Alderman Feldt recommended that a Chamber of Commerce representative be included in future negotiations regarding sales tax. Mayor Kiely requested the Chairman of the City-County Cooperation Committee to consider this recommendation. On motion the meeting was adjourned at approximately 8:50 p.m. Geo. A. Blean, City Clerk Jack K. Kiely, Maydr- COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. July 2, 1969 PRESENT: Mayor - Kiely Aldermen (14) - Anderson, Bangs, Holland, Slattery, Saccucci, Sullivan, Feldt, Tolles, Boronkay, Mrs. Jones , Mrs. Nichols, Nordheimer, Spano, Rundle OTHERS PRESENT: Urban Renewal Agency Member - Shew Attorney - Barrett Controller - Russell Chief of Police - VanOstrand Adm. Aide - Spano Bldg. Comm. - VanMarter Clerk - Blean Asst. to Supt. - Dougherty Deputy Clerk - Grey All present stood and were led ly the Mayor in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. MINUTES: Minutes of the last regular meeting and the special meeting held on June 25, 1969, as recorded by the Clerk, were both approved. A. C. STALLMAN: Mayor Kiely called attention to the untimely death on June 25th of Arthur C. Stallman and announced that members who wished could make contributions to the Friends of Tompkins County Library in his memory in lieu of flowers. By Alderman Tolles: seconded by Alderman Nordheimer WHEREAS, the death of Arthur C. Stallman, which occurred on June 25, 1969, has removed from our midst a distinguished citizen of the City of Ithaca, one who had served with great distinction as an Alderman from the 5th Ward of the City for a period of more than lVE years and who, at the time of his death, was continuing to serve his Waxd and Community as an Alderman and who would have completed a total of twelve years of con- tinuous service tc the City in such a capacity by the end of the current year, and WIiEREAS, the records will testify that, in addition to his duties as an Alderman, Art performed numerous other official civic duties for the City of Ithaca which were assigned to him and which included the following: Acting Mayor - During the years 1962 to 1966 incluslive and again during the year 1969. Planning Board - A member as the Council's representative during 1964 and 1965, and its Chairman during the. years 1966 and 1967. Special Sales Tax Committee - A member during the year .1963. Greater Ithaca Study Committee - Chairman during the years 1964 to 1967 inclusive. City-County Cooperation - A member during 1968 and its Chairman during 1969. And, WHEREAS, it is the sense of this Common Council, that, in his passing away, the City of Ithaca has lost a particularly singular and one of its most civic-minded citizens, NOW THEREFORE BE IT RESOLVED, that we, the members of the Common Council wish to convey, to the family of the late Arthur C. Stallman our very deep sense of gratitude for his capable and constructive efforts as an extremely well-informed and competent member of Ithaca's Common Council, during his several terms of office, and to recognize his particular devotion to the fiscal and financial affairs of the City which will stand forever as an exemplary pattern to those who were privileged to serve with him, and BE IT FURTHER RESOLVED, that the Council wishes to convey its sympathy for this loss t9 his family, his associates and the Ca munity who remain indebted to him for his tirele&s efforts made on behalf of the cause of good government , and BE IT FURTHER RESOLVED, that, as a final tribute to his memory, this resolution be spread upon the minutes of this session and that a copy thereof be transmitted to his family.. Unanimously Carried. Action was taken to fill the vacancy caused by Mr. Stallman's death as follows: Alderman Nordheimer nominated Mrs. Ethel Nichols, 109 Llenroc Court, and Alderman Span nominated Mrs. Dorothy S. Pfaff, 214 University Ave. , to fill the vacancy until December 31, 1969• By Alderman Spano: seconded by Alderman Slattery RESOLVED, that the nominations be closed. Carried. At the request of the Mayor, the Clerk polled the aldermen by secret ballot which resulted in seven votes being cast for Mrs. Nichols and six votes for Mrs. Pfaff. Mayor Kiely declared Mrs. Nichols duly appointed as an Alderman from the Fifth Ward for the term ending December 31, 1969. She took the oath of office which was administ red by the City Clerk and she was seated for the balance of the proceedings. - 2 - July 2, 1969' ADDITICNAL APP"IL0 RIATION - TRASH CONTAINERS: The Clerk read a letter from Mrs. Agda S. Osborn, Chairman of the Coordinating Council of Beautification, requesting the Council to appropriate $2,000.00 to budget account A-114, Waste Collection, to enable the Superintendent to purchase and distribute trash containers of a type to be selected by Aer committee. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the request be referred to the Finance Committeefor study and report. Carried. I?LET PARK LIGHTS: The Clerk read another letter from Mrs. Osborn criticizing the un- sightly appearance of light poles e:fected along parts of Inlet Park Road. She strongly urged the Council to take immediate remedial action to prevent the possible withdrawal of federal and/or state funds allocated for park improvements in this area. By Alderman Jones: seconded by Alderman Feldt I, RESOLVED, that the matter be referred to the Public Works & County Relations Committee for discc-_;o ion with the Superintendent and the Board of Public Works. Carried. SALES TAX: Mayor Kiely reported receipt of a telegram on June 25th from the Chamber of, Commerce requesting him to appoint four aldermen to meet on July lst with four Super- visors to try again to negotiate a suitable agreement whereby the City would receive itq fair share of the Sales Tax revenues. He advised he had appointed Aldermen Tolles, Jongp, Bangs and Saccucci. He then read a letter from Mr. Bower, Chairman of the Board of Supervisors, addressed to the Chamber, expressing his inability to find four Supervisorq willing to meet on this date. As a result no meeting was held. Alderman Tolles requested members of the City-County Cooperation Committee to meet immediately following this session. CAPITAL IMPROV`ITTMENTS REVIEW COMMITTEE: The Clerk reported the Board of Public Works #ad recommended the appointment of Richard M. Putney and Robert R. Colbert as its represent atives on the Capital Improvements Review Committee and that the Planning Board had recommended the reappointment of William F. Schmidt and James Parkes as it representatives. Mayor Kiely then announced his appointment of the following members of the Capital Improve- ments Review Committe for the term ending June 1, 1970 and requested Council approval thereof: William H. Sullivan - Council Representative Richard M. Putney - B.P.W. it Robert R. Colbert - B.P.W. it William F. Schmidt - Planning Board Representative James D. Parkes - it It it By Alderman Bangs: ceded by Alderman Tolles RESOLVED, that the Mayor's appointment of all of the foregoing members of the Capital Improvements Review Committee for the stated term of office be approved and confirmed. Carried. QUARTER CENTURY CERTIFICATES: The Clerk read a letter from the Mayors' Conference enclosing quarter-century certificates of public service for Herbert VanOstrand, Chief of Police, Paul H. Fidler, Street Maintenance Supervisor, E. Paul Nedrow, Sealer of Weightq and measures, and Lewis Adesso, Municipal Golf Pro, as a symbol of recognition of their, services to the City. Mayor Kiely congratulated them and presented them with their certificates . LOCAL LAW-ACTING CITY JUDGE: The Clerk reported that the Mayor held a public hearing qn June 18th on the Local Law adopted by the Council on June 4th dealing with the powers agd duties of the Acting City Judge; that he had approved and designated it as Local Law #3-1969, and that it had been filed with the Secretary of State as required by law. TOWN OF ENFIELD AGREEMENT: Attorney Barrett presented an agreement between the City a.nq The Tom of Enfield whereby the Ithaca Fire Department would provide telephone answerin service for the Town for an annual fee of $100.00. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Agreement be approved and that the Mayor and City Clerk be authorizes} to sign and execute it on behalf of the City, under its Corporate Seal. Carried. SCHOOL DISTRICT AGREEMENT: Controller Russell presented an agreement between the City 4nd the City School District covering services to the District by the Municipal Civil Service Commission for the year ending June 30, 1970 for a fee of $3,520.00, payable on or befoje November 1, 1969. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the agreement be approved and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal. Carried. -3- July 2, 1969 EDUCATIONAL COURSES: Controller Russell reported that City employees had completed educational courses during the 1969 Spring semester as follows: Correction and Criminal Law Walter Pagliero, Police Sergeant Thomas Scaglione , Criminal Investigation II John Devlin, Police Patrolman Frank Scaglione, " " Wilbur VanIdistine, Police Sergeant Police Organization & Administration Joseph Jamarusty, Police Sergeant Municipal Fire Protection Albert M. Williams, Fireman Municipal Fire Protection & Freshman Math. Edward M. Olmstead, Jr. , Fireman He advised that vouchers for their expenses would be included in the next audit pursuant to authorization of the Council, dated March 5th. TAX COLLECTION: Controller Russell reported that of a total tax warrant of $1,622,000.QO a total of 1,370,000.00, or 84.8%, had been collected to date. p. PERSONNEL APPOINTMENTS: Controller Russell reported that five clerical workers had pasged �. their Civil Service examinations and he recommended their permanent appointment. CQ By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that Mrs. Sally Carpenter be appointed to the position of Principal Account Clerk at the annual salary of $6,238.00, step 3 of Grade 26 in the Compensation Plan; Mrs, Pamela Tallman be appointed to the position of Senior Account Clerk at the annual salary of $4,930.00, step 1 of Grade 22 in the Compensation Plan; Mrs. Carol Davenport '§,Q appointed to the position of Account Clerk at the annual salary of $4,214.00, the minimw of Grade 19 in the Compensation Plan; Mrs. Ellen Talada be appointed to the position of Account Clerk at the annual salary of $4,558.00, step 2 of Grade 19 in the Compensation Plan; and Mrs. Marjorie Anderson be appointed to the position of Account Clerk at the annual salary of $4,214.00, the minimum of Grade 19 in the Compensation Plan, all effective June 30, 1969, subject to the usual probationary period. Carried. BOND RESOLUTION AUTHORIZATION: Controller Russell requested authorization to have the City's bonding attorney prepare a resolution in the total amount of $100,000 which would provide the means of financing the purchase of street rights--of-way on West Buffalo and extending this street to meet W. State Street. By Alderman Tolles : seconded by Alderman Feldt RESOLVED, that the Controller be authorized to engage the services of the City's bonding attorneys to prepare a bond resolution in the amount of $100,000 for the financing of the purchase of the land necessary for the extension of Buffalo Street to State Street and for the construction of the extension of Buffalo Street to State Street. Carried. WATER FUND TRANSFERS: By Alderman Tolles : seconded by Alderman Jones RESOLVED, that the Controller be authorized to transfer funds from the Shop & Equipment. Account to the Administration Account in the Water & Sewer Budget for the purchase of a copy machine in the total amount of $350..00, and BE IT FURTHER RESOLVED, that the Controller be authorized to transfer $1,000.00 within the Shop & Equipment Account of the Water & Sewer Budget for repairs to Car #7 damaged in an accident. Carried. BUS GRANT: The Controller presented and recommended approval of a grant agreement between the City and N.Y.State Dept. of Transportation for aid in the purchase of three ° new buses for the City. Total cost was $72,000.00 with $36,000.00 to be paid with federal funds, $27,000.00 with state funds , thereby making the City's net cost $9,000.OQ. By Alderman Feldt: seconded by Alderman Nordheimer WHEREAS, the City of Ithaca has received approval from the State of New York Commissioner of Transportation for a Capital Grant of $27,000, under project No. 3507:00, to pay a portion of the cost of three omnibus mass transportation vehicles to be used by the City of Ithaca in its public transit system; NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Ithaca be and he hereby is authorized to execute in behalf of the City a mass transportation capital project grant agreement which will provide for a grant from the State of New York of not more than $27,000 or seventy-five (75) per centum of the project cost as defined in the Transport tion Capital Facilities Development Act of 1967, as authorized by the Commissioner, and thereafter to do all things necessary to carry out on the part of the City of Ithaca the contract agreement, in conformity with a previous action of this Common Council. Unanimously Carried. 198 -4- July 2, 1969 FEDERAL AID: Controller Russell reported on a recent trip made to Washington at which Time , with the aid of Senator Goodell's staff, he was successful in having an application for federal aid amounting to $49,000.00 approved for the City's purchase of school properties at the Wood and Belle Sherman sites. He indicated State aid for this purpose has already been approved and all aid for the purpose would be available to the City within a week or so. Mayor Kiely expressed his appreciation for the courtesies extended to Mr. Russell by Senator Goodell's staff. Mr. Russell indicated he had also discussed aid for neighborhood facilities, such as acquisition of DeWitt High School, improved facilities for the Southside and Northside houses , but that local poverty levels did not seem to warrant any immediate action in these areas at this time. URBAN RENEWAL RECERTIFICATION: By Alderman Rundle: seconded by Alderman Spano WHEREAS, in order for the present Federal Programs for Community Improvement to continue, an Application for Re-Certification of the Workable Program for Community Improvement must be filed with the Federal Government. NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca approves the filing of the application for Re-Certification of the Workable Program for Community Improvement. Carried. COMMUNITY RENEWAL GRANT: Alderman Rundle recommended approval of the following resolution which he explained had been previously adopted by the Council on April 2, 1969 with the- exception cat paragraph 2 which had been erroneously omitted at the time of its adoption. By Alderman Rundle: seconded by Alderman Holland WHEREAS, under Title I of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development is authorized to make grants for the preparation or completion of Community Renewal Programs; and WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under any program or activity receiving Federal financial, assistance, and WHEREAS, it is desirable and in the public interest that the City of Ithaca prepare a Community Renewal Program for the City of Ithaca, situate in the County of Tompkins and State of New York, and WHEREAS, it is recognized that the federal contract for a grant to assist in the pre- paration of the Community Renewal Program will require, among other things, (1) preparation by the City of Ithaca of the Community Renewal Program with all practicable dispatch; (2) conformance of the Community Renewal Program with the general plan of the locality as a whole; (3) provision of the locality's share of the cost of preparation of the Commun�ti Renewal Program; and (4) other local obligations and responsibilities in connection with the preparation of the Community Renewal Program; NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Ithaca: 1. That the preparation of the Community Renewal Program referred to above by the City, of Ithaca is hereby approved. 2. That the financial assistance under Title I of the Housing Act of 1949, as amended, referred to above, is required to enable the City of Ithaca to finance the pre- paration of the Community Renewal Program. 3. That it is fully cognizant of the obligations and responsibilities that are imposed by a Federal contract for a grant to assist in the preparation of a Community Renewal Program; and that it is the sense of this body that such obligations can and will be fulfilled. 4. That the filing of an application by the City of Ithaca for a grant under Title I of of the Housing Act of 1949, as amended, in an amount not to exceed $102,800 to assist in financing the preparation of a Community Renewal Program for the locality is hereby authorized and approved. Carried. AUDIT: By Alderman Bangs: seconded by Alderman Holland RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $10,939.07, as listed on audit abstract #7-1969, be approved for payment. Carried. PINE DRIVE: Alderman Sullivan reported the Fire Chief recommended that parking be " restricted on Pine Drive in order to permit the passage of fire vehicles to reach dwellm ings in the 200 block of DeWitt Place or the upper part of Cascadilla Park, if necessary. '.,_ The recommendation was referred to the Chief of Police for study and report. ANNUAL REPORT - D.F.W. : Alderman Nordheimer acknowledged receipt of the annual report of the Department of Public Works. Copies thereof were distributed among the aldermen. It was received and ordered placed on file. Pcwmv SP.-- ni on �,Q od o. o .—v� m tho flay of Ahava, Now fork, as follova, Victian 18 W" %6-0. TAQ Aam: � n WaN %I aith th(a allroM c2 any e,PW t..__. to PsKina At owning zagv.latlon of the land YTHAVA as shown an M 0WOM nVAM; maps L't the City of 1r-, a°& to -A".- Wnga Mrsha YAM4,wnt to SaWyan 37 of the Geneval Cloy- The owner ow -plat, Malt AM the p1l. Mae Caplan of & DVOICNIA oh"Ming the too and Aevelqp- M:on t or the native NUM On 01"SMAMI P posea *L!". , and v"hich PJc�n,, In mddisicn to the Q Ch, 20 of the Code of Ordinances ae the Ott! W 25hana, nwal.", the Oypas A ygmy2med laud uses, Ackadin'Ll lot UK= MW the ..0,.,.:.'+L+ Allannionz" uses proposed `, ' a, ice;,`mac am! lbanz imadecuping. offetwent qpen and -ui.Ld 4g onelozed Porkiny a0saw, Pedanorian ways, 0WAY eenymeats, together u0b mates &K ocande d*=ApK= of tho foregoing. 21 an WSW= Ar Qzah let or poopo sad building unit the maxi Mw=a AmMy ot populMot that may exist therson and the Krim um yard TQ;UXr=MtS: NY tht location of a park or perka suitably located for playgroimd cr othtr rezre&ion jurposea. Qj toy moot 1W so ahawn on said jav, there shall not 'be a greater aversy* dvn& Y cy aDrzr A the land vith buildings thra-M A ParmAtV in tit distAM stscoin such And lies as SAMM ea t&. 0211nal wassuc On A IS; Sty to AMC, A7 - o one-f=, or t v t,-g 1" -A g 1^k house front gr; aad hairing no=kng sheL' tba ""'n -r-� :-a". 74,,-Atc duc �"V rotirf land;`, �,� G., th.u. ,.,r 0 va* cad mw.-,YlWaAane a ox" All �-1 AIr. !�i-- t�-n �P, 1,1%, she-11" d�m tc mAsrare th- ';:�.:.,r <:.. .%� zu,*.h '3^ µv their irtended, ytil-'r1r, vcvm.041�-- V;m•td _WA, aime;rzhip 4und responsibility for ence therao:.` vested in, a property owners' assoai&tiono z) donamion of cy,&n space Brou to the City of Ithaca for park use, subject to acc*ptance by the city, r) flits planing for the pirm she.-1 include, to the seisfaction of the Plemiag Bo&%�d, plams yroser7ing :muting natural teaturea of the laud shom oa t1he -plat, znoh as vater sources, trees and shrubs., g) The aret m-&d in acmmitir-,-- Che nacay.-,A?,%T open space for one project z7 a ma-y not 'hz Used i"'A calllza).;U nq. spwe- ro-qu:LrMaents :for additional pro"e.-A d SY ` vae F Av G'. ,. it On ,. ' 7. tY c:. a awl I an e - YL , L 1 �« -5- July 2, 1969 CODE AMENDMENT RE: DENSITY CONTROL: By Alderman Feldt : seconded by Alderman Jones RESOLVED, that Chapter lb of the Code of Ordinances entitled "Planning" be amended by adding thereto a new Section 18-C to read as follows: (See amendment attached to minutes for details. ) He explained the matter had been under study since December 1968 when the Planning Board first recommended it to the Council for adoption. He noted that copies of the proposed amendment, as attached to the minutes, had been mailed to each alderman on June 12, 1969. Alderman Saccucci felt it was morally wrong and would penalize property owners on West Hill who had purchased and maintained their homes under the present zoning regulations and he strongly urged the Council to leave the ordinance as it is. Alderman Sullivan reported the President of the West Hill Association informed him most members of the Association were opposed to the measure and he concurred with Alderman Saccucci. By Alderman Saccucci : seconded by Alderman Sullivan RESOLVED, that the matter be tabled. AYES: 12 NAYS: 2 - Feldt, Jones Motion carried. INLET PARK ROAD SPEED LIMIT: Alderman Nordheimer reported that the Board of Public Works had recommended amending the traffic ordinance to permit a 40 m.p.h. speed limit on Taughannock Blvd. and Inlet Park Road to a point 250 feet north of Cliff Street. He recommended denial of the recommendation and cited curves in the road, the proximity to Cass Park entrance and the probable heavy park construction soon in the area as reasons for denial. T By Alderman Nordheimer: seconded by Alderman Nichols G� RESOLVED, that the Board's recommendation in this matter be disapproved. Carried. COLUMBIA.STREET BRIDGE: By Alderman Nordheimer: seconded by Alderman Tolles RESOLVED, that this Council authorizes the construction of a combined Utility-Pedestrian Bridge to replace the existing Columbia Street Bridge over Six Mile Creek, at a cost not to exceed $150,000. The demolition of the existing bridge and the construction of the proposed new bridge are to be started in 1970. This $150,000 authorization is to be the project cost and is to include the design, construction, and supervision of the new bridge and the utilities to be placed therein together with their connections to the existing utilities at either end. It also includes the cost of demolition of the existing structure, and BE IT FURTHER RESOLVED, that the Controller be authorized to transfer from the Water & Sewer contingent funds sufficient funds to finance the engineering costs of the project. Carried. COLUMBTA STREET PATCHING: On recommendation of the Board of Public Works the following action was taken: By Alderman Nordheimer: seconded by Alderman Saccucci RESOLVED, that the Controller be authorized to transfer $2,000 from Wait Avenue Sewer Account to Columbia Street Sewer Account to cover costs of street patching, and BE IT FURTHER RESOLVED, that the remaining balance of the Wait Avenue Sewer Account be closed to the Sewer Fund. Carried. VINEGAR HILL WATER PtJt+IPING STATION: On rOf ommendation of the Board of Public Works, the i following action was taken: By Alderman Nordheimer: seconded by Alderman Tolles RESOLVED, that, inasmuch as the Board of Public Works has declared the Vinegar Hill Pump Station project to be complete, the balance in the Fund be closed to the Water Fund for debt service as prescribed by law. Carried. BIDS - YOUTH BUREAU TRUCK: By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the City Clerk be authorized to advertise for bids for a Van type truck for use in the Youth Bureau; and BE IT FURTHER RESOLVED, that this vehicle be available for other City uses when not being used by the Youth Bureau, subject to approval of the Controller. Carried. DISCRIMINATION : Alderman Holland advised that in a rent survey made in the Ithaca area about 34% of the tests made showed an indication of discrimination and he felt landlords should be aware of this as an unlawful act and that those discriminated against should present their co.nplaint to either the State Division of Human Rights or to his Committee for investigation. 200 -6- July 2, 1969 STANDING COMMITTEES: Mayor Kiely announced his appointment of Mrs. Nichols to fill vacancies on the Finance & Accounts , and Public Works & County Relations Committees , cat}sed by the death of Arthur C. Stallman. ACTING MAYOR: Mayor Kiely suggested the Council take action to appoint an Acting Mayor to fill the existing vacancy in this office caused also by the death of Mr. Stallman. Alderman Feldt nominated Alderman Tolles and Alderman Boronkay nominated Alderman Jones for the office of Acting Mayor. It was moved, seconded and carried that the nominations for this office be closed. At this point Alderman Saccucci wondered if it was legal to fill the vacancy at this time because it was not listed as an item of business on the agenda. Attorney Barrett ruled that it was too late to raise objections now under the Council's rules. " After some further discussion the Mayor directed the Clerk to poll the aldermen. The Clerk conducted the poll by secret ballot which resulted in seven votes being cast for Alderman Tolles, six for Alderman Jones. One vote was blank. Mayor Kiely then declared' Alderman Tolles duly appointed Acting Mayor for the balance of the term ending December 31, 1969. CODE OF ETHICS: The Clerk read a Memorandums from New York State Dept. of Audit & Control calling attention to Chapter 646 of the Laws of 1969 which amended Art. 18 of the General Municipal Law, Conflicts of Interest, and providing for the establishment of a local board of ethics by the governing bodies of any municipality. By Alderman Rundle : seconded by Alderman Nordheimer RESOLVED, that the matter be referred to the Charter & Ordinance Committee and City Attorney for study and report. Carried. v NORTH CAYUGA STREET PE_T_ITION: Alderman Spano read a petition signed by 102 residents anq property owners of the North Cayuga Street and adjacent areas to Fall Creek School requesting police protection and apprehension of speeders and careless drivers in the area. By Alderman Spano: seconded by Alderman Rundle :�UOLVED, that the petition be referred to the Public Safety Committee for study and report. Carried. CAPITAL PROJECTS FUND: Alderman Nordheimer recommended the establishment of a separate fund for capital projects. By Alderman Nordheimer: seconded by Alderman Rundle RESOLVED, that the matter be referred to the Finance Committee for consideration and report. Carried. By Alderman Spano: seconded by Alderman Rundle RESOLVED, that this meeting be adjourned in memory of Alderman Arthur C. Stallman, deceaped. Carried. Geo. A. Blean, City Clerk Jack K. Kiely, 'Mayor, • I a i 1 Regular Meeting 7:30 p.m. August 6, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Bangs, Holland, Slattery, Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle ABSENT: Alderman Anderson OTHERS PRESENT: Attorney - Barrett B.P.W. Comm. - Putney Controller - Russell Chief of Police - VanOstrand Fire Comm. - Cleaveland Asst. Cont.- Spano Fire Chief - Weaver Dist. Attorney-McHugh Clerk - Blean Bldg. Comm. - VanMarter Sealer of Wts. & Msrs.-Nedrow Dep. Clerk - Grey Planner - Kasprzak Youth Bur. Director-Cutia Asst. Supt. of Pub.Wks.-Hannan All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. MINUTES: Minutes of the preceding meeting, as recorded by the Clerk, were approved. ZONE CHANGE - COOP CONSUMERS SOCIETY: The Clerk read a petition from the Cooperative Consumers' Society, Inc. requesting a zone change from R-3 to B-2 for the following properties numbered 535-537 and 539 West Clinton Street, 332 through 412 Center Street a4d $14 N. Titus Avenue. The petitioner indicated it intended to develop the area for additional off-street parking not permitted by the present R-2 classification. By Alderman Feldt: seconded by Alderman Nordheimer RESOLVED, that the petition be referred to the Planning Board for its rec anmendation thereon. Carried. HEARING OF PERSONS BEFORE COUNCIL: Mr. David Saperstone spoke on behalf of Tompkins Cougty Taxpayers Assn. and advised his group felt some of the moneys to be provided by the Stato Urban Renewal Corp. should be used for the improvement of S. Aurora Street hill,. the sce4e of another run-away truck accident on August 5th in which Mrs. Joseph Schwartz was killer and several other persons were seriously injured. He advised also that the Association was-utterly and completely opposed to the creation of the position of Public Safety Coordinator at an annual salary of $15,000.00. MRS. STALU40: The Clerk read letters from Mrs. Miriam Stallmau expressing her thanks and appreciation for the tribute paid to her deceased husband at the last meetingend for the contribution made to Friends of the Library in his memory. HARVEY'MONTAGUE AGREEMENT: The Clerk read a letter from the Planning Board recommending approval of an agreement with Harvey Montague for a study of an area known as Inlet. Point to include in part the following: 1. Investigation of programs for possible development. 2. A physical urban design development plan. 3. Illustrative design proposals suggesting possible solutions to''the' area. 4. Written report of the investigation. Estimated cost of the study was $2,000.00 with a target date for completion of January 1� 1970. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, that the Council accepts the recommendation of the Planning Board; ,'and that tho Mayor and City Clerk be authorized to sign and execute such an agreement upon approval of the City Attorney. Carried. MASTER SITE PLAN - INLET PARK: The Clerk read a letter from the Planning Board recommend-. ing that the Council-reaffirm its approval of the Master Site Plan for Inlet Park. By Alderman Feldt: seconded by Alderman Jones WHEREAS, the Inlet Park Committee has been created by Common Council on Pebrua.ry 1, 1967, for the purpose of coordinating the work of planning and developing the Inlet Park area; and WHEREAS, the Inlet Park Ccomittee consists of William Schmidt representing Regional Planning Board, Robert Dingman and Carl Yengo representing the Board of Public Works, James Parkes and Gregory Kasprzak representing Planning Board, Robert Cutia representing the Youth Bureau, Ralph Campbell representing the Ithaca Festival, Allan Feldt representing the Ccanmon Council and Mayor Kiely. WHEREAS, a Master Site Plan has been prepared and approved by the Inlet Park Committee on July 18, 1967; and 202 Mat*% N 1 6010 WHEREAS, the Master Site Plan has also been approved by the City Planning Board on July 19, 1967 and by the Regional Planning Board on (undertermined) and by the Common Council on April 5 , 1967 and again on August 2, 1967; and WHEREAS, the City of Ithaca has entered into a Memorandum of Understanding with the State of New York and the Center for the Arts for the joint development of the Inlet Park area in accordance with the Master Site Plan; and WHEREAS, 68.7% of the funds for development of this area are to come from the Federal Bureau of Outdoor Recreation and the Appalachian Regional Commission and these funds are tied to the Master Site Plan as approved and to the provisions of the application for said Federal funds, and WHEREAS, Federal funds are placed in jeopardy when the provisions of this plan and application are not complied with; NOW THEREFORE BE IT RESOLVED, that the Common Council hereby reaffirms its approval of the Master Site Plan and declares that the details of the development of this area are as important as the b:,-; ad concepts set forth in this plan; and BE IT FURTHER RESOLVED that the Common Council feels that when there are any questions related to implementation of the details of this plan, that such questions be decided by t#f Inlet Park Committee, and BE IT FURTHER RESOLVED that the Common Council requests that the; temporary utility poles on the Park Road be replaced with a permanent arrangement as soon, as it is feasible in accordance with the concepts of the Master Site Plan and the provisions of the application for Federal funds. Carried. BOND SALE: Controller Russell reported he had conducted a bond sale in his office at 2:00 p.m. on August 5th at which time $445 ,000-00 Police Headquarters Bonds were offered for sale. The following is a tabulation of all bids received: Name of Bidder RAT2 Amount Bid Bankers Trust Company —5 .COT ,197.05 Putnam, Coffin & Burr-Doolittle 5.50% 445,569.60 a First National Bank & Trust Co. of Ithaca 5.50% 1+1+5,1+00.50 Tompkins County Trust Company 5.60% 111+6,023.50 ' *Adams, McEntee & Company, Inc. 5.50% 1+1+5,668.00 ' He advised he had awarded the sale of the bonds to Adams , McEntee & Company, Inc. in accordance with the terms of its bid. BOND ISSUE-WEST BUFFALO STREET RIGHTS-OF-WAY, ETC. : A bond resolution prepared by the City's bond attorneys, was acted upon as follows : A RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE EXTENSION OF BUFFALO STREET TO STATE ST. IN SAID CITY, INCLUDING THE ACQUISITION OF NECESSARY LAND THEREFOR. By Alderman Tolles : seconded by Alderman Saccucci BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County,N.Y. as follows- Section 1. The specific objects or purposes to be financed pursuant to the resolution are qs follows : (a) The construction of an extension of Buffalo St. to State St. in and for the City of Ithaca, Tompkins County, N.Y. including the incidental improvements in connection therewith, at a maximum estimated cost of $45,000; and (b) The acquisition of land necessary in connection with the aforesaid extension of Buff4o Street, at a maximum estimated cost of $55,000. Section 2. The total estimated ccrt of the aforesaid specific objects or purposes is $100,Q00 and the plan for the financing thereof consists of the issuance of $100,000 serial bonds of said City, hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. It is hereby determined as follows : (a) That subdivision 20 of paragraph a of Section 11..00.of the Local Finance Law applies �_ o the specific object or purpose described in paragrpah a of Section 1 hereof, and that the p iod of probable usefulness thereof is at least five years; (b) That subdivision 21(a) of such paragraph and Section applies to the specific object or purpose described in paragraph b of Section 1 hereof, and that the period of probable use-? fulness thereof is thirty years ; and (c) That the maximum maturity of the serial bonds herein authorized will not exceed five years and that no down payment is required pursuant to Section 107.00 of the Local Finance Law. Section 11. The faith and credit of said City of Ithaca, Tompkins County, N.Y. are hereby, irrevocably pledged to the payment of the principal of and interest on such bonds as the scup 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 ald 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 h.ere"_n authorized, including renewals of such notes, is hereby delegated �o the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. August 6 lq � - 3 - � Section 6. The validity of such bonds may be contested (!•aly if: 1 Such bonds 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 publication, or (3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a Clerk's notice in substantially the form provided in Section 81.00 of the Local Finance Law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : Rudolph Saccucci voting Yes Mrs. Ethel Nichols voting Yes William H. Sullivan voting Yes Ronald Nordheimer voting Yes Jerome H. Holland II voting Yes Richard Boronkay voting Yes Donald Slattery voting Yes Mrs. Anne Jones voting Yes John F. Bangs voting Yes N. Arnold Tolles voting Yes Joseph Rundle voting Yes Allan G. Feldt voting Yes Anthony F. Spano voting Yes APPROVED BY THE MAYOR: \ tr, August 6, 1969. Mayor INTEREST RATES: Controller Russell requested authorization to increase the interest rates on temporary loans from 416 to By-Alderman Tolles: seconded by Alderman Jones RESOLVED, that the Controller be authorized to pay interest at the increased rate of 5% on all, the City's outstanding temporary loans to the Tompkins County Trust Company and the First National Bank and Trust Ccmpany, effective as of June 30, 1969. AYES: 12 NAYS: 0 ABSTAINING: 1 - Holland Carried. EMPLOYEES' RETIREMENT SYSTEM BENEFITS (Sec. 75-e) : Controller Russell recommended approval of, additional pension benefits under Sec. 75-e of the Retirement & Social Security Law and which had been approved in local employee contracts. He advised this was the intent of the resolution adopted by the Council on Feb. 5, 1969 but that the wrong form of resolution had been received from the Retirement System. He presented a new form of resolution for adoption. By Alderman Tolles: seconded by Alderman Jones BE IT RESOLVED that the Ccamon Council of the City of Ithaca does hereby elect to provide the additional pension benefits of Section 75-e, as presently or hereafter amended and entitled "guaranteed retirement benefits for employees of participating employers"; and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the 18th day of August 1969. Unanimously carried. ASSISTANT CONTROLLER: Controller Russell advised that N.Y.S. Civil Service Ccmmission ✓ had recommended that the title of the new position created by the Council on April 2, 1969 be changed from "Administrative Assistant to Controller" to"Assistant Controller". By Alderman Tolles : seconded by Alderman Bangs RESOLVED, that the position of Administrative Assistant to Controller be redesignated as Assistant Controller in accordance with the reccmmendation of the State Civil Service Commission. AYES: 12 NAYS: 0 ABSTAINING: 1 - 8pano Carried. ADDITIONAL APPROPRIATION - CITY COURT: By Alderman Tolles : seconded by Alderman Jones `2ESOLVED, that the sum of 1,500.00 be and hereby is appropriated from the Contingent Fund to Current Appropriations, budget account A-23 - City Court, to cover a deficiency and provide adequate funds with which to pay for professional services for the remainder of 1969. AYES: 13 NAYS: 0 Carried. 2041. - 4 - August 6, 1969 BUS APPLICATION: Controller Russell requested authority to file an application for federal aid to help in financing the purchase of three new buses for the City. By Alderman Tolles : seconded by Alderman Boronkay WHEREAS, the City of Ithaca has received approval from the State of New York Commissioner of Transportation for a Capital Grant under project No. 3507.00 to pay a portion of the cost of three omnibus mass transportation vehicles to be used by the City of Ithaca in its public transit system, and WHEREAS, it is required under the State Grant that an application be prepared and filed with the United States Department of Transportation for a Federal Urban Mass Transportation Capital Grant; NOW THEREFORE BE IT RESOLVED that the City Controller be and he hereby is authorized to prepare and file an application for State and Federal Aid in accordance with the New York State Transportation Capital Facilities Act of 1967 and the United States Urban Mass Transportation Facilities Act of 1964, to purchase three new transit buses to be operated ' by the City-owned transit system. Carried. v'TRANSFER OF FUNDS: The Controller presented and reviewed a list of several transfers requested by the Board of Public Works and recommended their approval. By Alderman Tolles : seconded by Alderman Nordheimer RESOLVED, that the requested transfer of funds, presented by the City Controller, be and hereby are approved in accordance with a detailed listing attached hereto. AYES: 13 NAYS: 0 Carried and approved The Controller reported that the Board had requested other transfers on July 30th as follows-' 1. The transfer of $5,500.00 from budget account A-74 to account A-201 to provide additional funds to purchase and equip and aerial lift truck for the Forestry Dept. 2. An appropriation of $12,500.00 as additional financing for the repairs of Stewart Avenue bridge over Fall Creek. 3. Transfer of $6,814.24 within account A-74B for custodial services at Bibbins Hall. By Alderman Bangs: seconded by Alderman Rundle RESOLVED, that the transfer of $5 ,500.00 from budget account A-74 to account A-201, and the transfer of $6,814.24 within account A-74B be approved, and that the sum of $12,500.00 be and hereby is appropriated from Capital Reserve Fund #4, Bridges, to a Capital Construction Account to finance the repair of Stewart Avenue Bridge, over Fall Creek, subject to approval and concurrence of the Finance Committee. AYES: 13 NAYS: 0 Carried and approved. AUDIT: By Alderman Bangs: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $16 ,627.07, as listed on audit abstract #8-1969, be approved for payment. Carried. ADDITIONAL APPROPRIATION-DRYDEN ROAD TREES: By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that the sum of $1,500.00 be appropriated from the Contingent Fund to Current Appropriations, budget account #A-201 - Forestry Division, to finance the planting of trees on Dryden Road. AYES: 13 NAYS: 0 Carried. ADDITIONAL APPROPRIATION FOR TRASH CONTAINERS: By Alderman Tolles:Sec.by Alderman Nichole RESOLVED, that the sum of 2,000.00 be appropriated from the Contingent Fund to Current Appropriations, budget Account A-114-Waste Collection, to finance the purchase of trash containers requested by the Coordinating Council on Beautification. AYES: 13 NAYS: 0 Carried. t-=HOUSING CODE: Alderman Feldt reported that all cities are now required to adopt the Model Housing Code as a condition for approval of their Workable Programs. He recommended repeal of the Ithaca Housing Code and adoption of the Model Code, with the addition of two items from the local code, namely that any room rented for profit above the second floor should have a second means of egress and the retention of the local Housing Board of Revigw. By Alderman Feldt: seconded by Alderman Boronkay RESOLVED, that the Clerk be authorized and directed to advertise a public hearing on the repeal of the Local Housing Code and the adoption in place thereof of the Model Housing Code as provided by Sec. 13-7 of the local code and Sec. 83 of the General City Law; and that said hearing be held by this Common Council at 7:30 P.M. on September 3, 1969. Carried. B.P.W. Requests for Transfers in General Fund Amount: $500.00 From A101C Street Mai.nt.- Utility Patching - 250 Other Equipment To - 413 Rent of Equipment Purpose: W & S has not purchased backhoe, so C & M Div. will not purchase special bucket and will need additional rental funds. Amount: $12075.75 From A290-650 - Contingent Account To A101B - Street Maintenance-Highway -230 Motor Vehicle Equipment Purpose: Purchase a snow plow frame Amount: $295.00 From A290-650 - Contingent Account To A101B - Street Maintenance-Highway -240 Highway & Street Equipment (Air Compressor) Purpose: Low bidder defaulted. Above amount is difference between low bidder and second low bidder. Amount: $1,500.00 From A111 Storm Sewers - 314 Construction Materials & Supplies To - 101 Salaries Purpose: To provide labor used in catch basin cleaning. Amount: $659.80 From A114 - Waste Collection - 418 Equipment Maintenance $459.80 - A290-650 Contingent Account $200.00 To A114 - Waste Collection - 312 Equipment Parts & Supplies $596.81 - 314 Construction Material & Supplies 62.99 Purpose: 314 - Replacement of all litter baskets 312 - Unexpected repairs on packer #249 before arrival of new packer. Amount: $211000.00 From A101A Street Maintenance - Cleaning - 418 - Equipment Maintenance $ 200.00 - 290-650 Contingent Account $1,800.00 To: A101A-312 Equipment Parts & Supplies Purpose: Provide for repairs to street sweepers. _ 2 Amount: $110.00 From A101B Street Maintenance - Highway - 314 Construction Materials & Supplies To: - 302 Building Maintenance Supplies Purpose: Cover deficiency in account. Amount: $13.00 From A100 - Administration - 433 Travel & Mileage To: -436 Dues, Memberships & Publications Purpose: Increased number of Trade Publications. Amount: $50.00 From A207 - Golf Course - 314 Construction Materials & Supplies To: - 310 Office Supplies Purpose: Deficiency in account. Amount: $650.00 From A290-650 Contingent Account To A201 - Parks - Forestry - 418 Equipment Maintenance (a) $400.00 A207 - Golf Course - 411 Printing (b) $150.00 A216 - Marina - 314 Construction Materials & Supplies (c) $100.00 Purpose: (a) Maintenance of equipment in Parks Division (b) Printed materials for the Golf Course (c) Construction materials at Cass Park Marina Amount: $4,000.00 From A101D - Street Maintenance-Surface Treatment - 101 Salaries To A101B - Street Maintenance-Highway - 339 Machine Paving Purpose: To provide for a change in the type of resurfacing. � , _ _ .. _.._:. _:. _ ,. __,_...... __. _ .. .._�.-,..°.ter-.�...-.•-.-•....-.- -__..�-,..�-„,...M_ _-R�-____.�,.. _� _..,.-,.f.,-,«- ,,..._ . .4,,.__, a <4..1L F_YE�F•cr �E(/�/{'f/� �(n/ T/��,YSF�R rva 4-ds1%�yo C,!C/ QO __ . _ ��_ _ -� 1 __: ' �� � : � _ ��_ t._, � I _ ' - . ; _._� ! lv�s :��• _�.����� ,w qtr%. , � � Tom- ell - _ _ 7 I Tp►. :G�o.�riny�+ey ����3-3,3?�O . �; !//o3o�'i �/' Q.�,,�.T.o�'!'/�ias-� y � ,tom o71v,5� ;1 y I +r, ` e.we�-�n�ry9��• � _ ;u-//a-�-:3/U , /��oa,��►�,.a!f�es;of�.f' _r,�” ,P�d I�° cr 1le-to ��� �/� Co -3��~ .. 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Alderman Sullivan read a resolution adopted by the West Hill Civic Association unanimously opposing the proposed amendment. Alderman Feldt recommended that the proposal be referred back to the Planning Board for further study because he felt it would be defeated if voted on at this time. By Alderman Feldt: seconded by Alderman Boronkay RESOLVED, that the proposed amendment be referred back to the Planning Board. AYES: 8 - Feldt, Tolles, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle NAYS: 5 - Bangs, Holland, Slattery, Saccucci, Sullivan Motion carried. UNDERGROUND UTILITY CABLES: Alderman Feldt reported the Charter & Ordinance Committee had met twice with officials of N.Y.S. Electric & Gas Corp. and N.Y. Telephone Company with some progress in the matter of drafting a suitable ordinance on these cables. CODE OF ETHICS: Alderman Feldt advised his Committee felt there was no need to establish a local Code of Ethics at this time. ZONING MAP AMENDMENT: Alderman Feldt recommended amendment of the Zoning Map and the zoning ordinance to establish a marine-oriented district extending northerly from Buffalo Street along Taughannock Blvd. between the Inlet and Flood Relief Channel as an "M" district, a change from I-1 and I-3 to the new "M" zone. By Alderman Feldt: seconded by Alderman Jones RESOLVED, that the Clerk be authorized and directed to advertise a public hearing on this proposed change in the Zoning Map and Ordinance to be held before the Common Council at 7:30 p.m. on September 3, 1969. Carried. At the request of Adlerman Saccucci the Mayor declared a 5-minute recess in the proceedings at 9:00 p.m. at the end-of which time he reconvened the meeting. NO . 9 FIRE STATION: Alderman Sullivan read a letter from the Tompkins County Mental Health Services requesting occupancy of old No. 9 Fire Station on College Avenue for the purpose of establishing a Mental Health Day Center. By Alderman Nordheimer: seconded by Alderman Bangs RESOLVED, that the building located on College Avenue known as "Old No. 9 Fire Station" be turned over to the control of the Board of Public Works; and that the Council hereby requests the Board to negotiate with Tompkins County Mental Health Service, on a temporary basis , for its occupancy of the building for the establishment of a Mental Health Day Center, as requested by it. Carried. S. AURORA STREET HILL: Alderman Sullivan read a letter from the Chamber of Commerce calling attention to the run-away-truck accident on August 5th in which one woman lost her life and five other persons, including the truck driver, were seriously injured. The Chamber urged adoption of a resolution requesting the State to construct a truck stop point before trucks are permitted to descend the steep and dangerous hill. It was acted upon as follows : By alderman Sullivan: seconded by Alderman Bangs WHEREAS, Route 96B has been the scene of many fatal accidents, a great number of which have been due to loss of control of heavy vehicles, and WHEREAS, the posting of this route to northbound vehicles indicating a 9-ton weight limit with the excepti rn of local deliveries has not proven completely effective, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca, New York strongly recommends that the State of New York construct a truck stop at a point near but not north of Ithaca College, at which point all northbound trucks must come to a complete stop off the highway, shift to a low gear, and remain in this gear to the bottom of the hill, and BE IT FURTHER RESOLVED, that the State Department of Transportation cause the necessary posting and construction of this truck stop area and filing of regulations pertaining thereto immediately, so that the needless loss of life on this hill may be eliminated, an4 BE IT FURTHER RESOLVED, that the Qty immediately requests the State for assistance in stop- ping all trucks of more than 9 tons gross weight before any such truck is permitted to descend the South Aurora Street hill, and to prohibit any such truck from entering the City via South Aurora Street unless it carries a scheduled delivery to an address within the City of Ithaca, and BE IT FURTHER RESOLVED, that the City shall offer to share with the State the burden of policing the South Aurora Street hill for the aforesaid purpose, whether such share be by an agreed contribution of manpower or money, or both, and ".� - 6 - August 6, 1969 BE IT FURTHER RESOLVED, that the Mayor is hereby requested to report to the Common Council at its regular meeting in September what steps have been taken to effectuate the terms of this resolution, and BE IT FURTHER RESOLVED, that the intent of this resolution in no way is meant to affect the status of existing weight restrictions or of proposed long-range solutions, such as the construction of alternate access routes. Unanimously carried. Mayor Kiely reported that he had learned the Governor had asked the State Police to investigate the accident. N. CAYUGA STREET PETITION: Alderman Sullivan reported that the Police Department had been policing the speed of traffic on N. Cayuga Street and surrounding areas in an attempt to control the speed of vehicles and promised continued surveillance. _I BIDS - AIR CONDITIONING NEW NO. 9 FIRE STATION: Alderman Sullivan read a letter mom the ' Board of Fire Commissioners requesting permission to advertise for bids on and to contract with competent bidders to furnish and install air-conditioning equipment at an estimated cost of $3,250.00, and a standby generator at an estimated cost of $9,400.00 for No. 9 Fire Station, with the understanding that if either bid exceeds the Stated estimate the results of the bids will be reported to the Council for final decision. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the request of the Board of Fire Commissioners be approved; and that the Board be authorized to advertise for bids on air conditioning equipment and a standby generator for the new No. 9 Fire Station; and that it be authorized to award contracts at a total cost of not to exceed $3,250.00 for air conditioning and $9 ,400.00 for a generator. ; Carried. LIEUTENANT - FIRE DEPT. : Alderman Sullivan read a letter from the Board of Fire Commissioners requesting authority to add one more position of Fire Lieutenant to its staff. By Alderman Sullivan: seconded by Alderman Spano RESOLVED, that the request of the Board of Fire Commissioners to increase the complement of Fire Lieutenants from 3 to 4 be approved and to be included in the 1970 Compensation Plan; and that the Civil Service Commission be requested to hold an examination for this position. Carried. PUBLIC SAFETY COORDIIIATOR: Alderman Sullivan reported that the creation of a new position of Public Safety Coordinator had been approved by both the Finance and the Public Safety Committees and he presented the following resolution to implement this. By Alderman Sullivan: seconded by Alderman Holland :, WHEREAS, increasingly complex problems frequently arise in City government in cooperation and coordination with contiguous governmental entities and organizations, and WHEREAS, City government cannot continue to operate effectively without such coordination and cooperation, and WHEREAS, recent events emphasized the fact that such coordination is indispensable to the effecient functioning of City government, and WHEREAS, the existing structure of local government cannot always be considered adequate to handle such problems of cooperation and coordination, and WHEREAS, the Common Council wishes to take all necessary steps to insure complete coordination of activities of appropriate governing bodies and organizations that include vital questions of public safety; NOW THEREFORE BE IT RESOLVED, that the Common Council hereby creates the position of Coordinator of Public Safety with the following duties : 1. To advise and consult with the Mayor on plans and preparations for maintaining adequate levels of public safety during times of crisis and disorder in and around the City of Ithaca, 2. To represent and assist the Mayor on a full-time basis in consultation with officials of New York State, Tompkins County, the Village of Cayuga Heights, Cornell University, Ithaca College, and such other entities as may be related to the general well-being of the City of Ithaca; 3. To act in a coordinating and informational capacity in the event of an emergency in such a manner as to insure the best utilization of available public safety forces; 4. To evaluate and provide correct information to the Mayor, Common Council, and the general public in the event of an emergency; Y 5. To assist in maintaining and improving mutual respect between public safety personnel and the general public; 6. To be available for service upon request and under direction of the Mayor to serve as a consultant to jurisdictions and organizations other than the City of Ithaca with respect to the City's capacity to act on general matters of public safety or under particular circumstances which do or may involve the City's public safety forces. 7. To be available to the Fire Chief and Board of Fire Commissioners for advice and consultation on questions of cooperation and coordination between the personnel of the Fire Department and the Police Department. r` " AtiiM r 9� C 8. To be available for assignment by the Mayor on any additional matters involving the inter-relationships of City government with other organizations, groups, or entities in the Ithaca area. And, BE IT FURTHER RESOLVED, that none of the foregoing duties shall be construed to restrict or alter the existing powers and responsibilities of the Mayor or of the City officials and personnel charged with the administration of the police and fire departments, and BE IT FURTHER RESOLVED, that the salary for this position shall be $15,000 and that the term of his appointment shall be for two years , effective August 15, 1969, the appoint- ment to be made by the mayor with the approval of Common Council. Alderman Nordheimer asked for an opinion from the City Attorney as to whether the Council could crease the position without specifications and job descriptions. Attorney Barrett declined to give his opinion until he had more time to study the proposal. Alderman Boronkay referred to Sec. 22 of the Civil Service Law and felt that the Council was without power to create the position without prior approval of the Civil Service Commission. By alderman Feldt : seconded by Alderman Holland RESOLVED, that the foregoing resolution be tabled and referred to the Public Safety Committee for review with the Civil Service Commission. Carried. BIDS: POLICE CAR: Alderman Sullivan reported that for the second time no bids had been received on an auto for the Police Department. He felt it advisable to wait until September or later when the new police car models would be on the market before advertising again. BIDS - YOUTH BUREAU VkNL : Alderman Slatte7 reported that one bid for furnishing the Youth Bureau with a Van-type vehicle had been received from Cayuga Motors for the total amount of $2,375.00 and that the vehicle had been purchased and put in service. ITHACA ECONOMIC DEVELOPMENT ASSN. : Alderman Holland reported on the formation by the Ithaca Jaycees of the Ithaca Economic Association to promote and develop black-owned businesses in the City. The Association will assist interested citizens in financing, marketing, site selection, legal counsel, etc. , with the hope that it will develop good businessmen as wall as important community leaders. He expressed the hope that younger citizens will take notice of this effort and take advantage of it. SCHOOL GUARD: Alderman Holland read a letter from the Superintendent stating that a study of the Cascadilla-Albany intersection indicated the need of a school guard at this location. By Alderman Holland: seconded by Alderman Nichols RESOLVED, that the matter be referred to the Public Safety Committee for review and report. Carried. PETITION-SUMMER PROGRAMS: Alderman Holland read a petition requesting the City to investigate and guarantee adequate facilities for summer recreational programs throughout the City. The most important priority for the guaranteed continuance of these programs was listed as unlimited access to existing and future playing fields in the City. It was referred to the Youth & Recreation Committee. PETITION-FIRST STREET TRAFFIC: Alderman Holland read a petition from residents and property owners on First Street protesting traffic conditions on First Street. They asked for correction of reckless driving in the area which they felt endangered the lives of the many children living there and the installation of adequate safety signs. By Alderman Nordheimer: seconded by Alderman Slattery RESOLVED, that that part of the petition regarding reckless driving be referred to the Chief of Police; and that the part recommending children, caution, and slow signs be re- ferred to the Board of Public Works for its attention. Carried. CHARTER AMENDMENT: Alderman Nordheimer recommended that the Charter and Ordinance Committee and Public Safety Committee review the Public Safety Commission proposal contained in thQ new Charter for the City which was defeated at the general election held in 1968. He felt it might well be considered as an amendment to the present Charter. The Chairman of the.' Charter & Ordinance Committee agreed to do so. E. STATE STREET: Alderman Feldt reviewed the matter of truck traffic referred to the Public Safety Committee in September 1968., He asked the Committee to restudy the situation and consider a 15mph speed limit, the placement of two "school zone" signs-one near East Hill and the other near Belle Sherman School, temporary or permanent truck weighing stations , and the placement of double yellow lines on East State Street. On motion the meeting was adjourned at 10:00 p.m. o. A. Blean, City Clerk Jack K. Kiely, Mayor 208 COMMON CODICIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. t0ptember 3, 1969 PRESENT: Mayor - Kiely Aldermen (14) - Holland, Slattery, Saccucci, Sullivan, Feldt, Tollese Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Anderson, Bangs Attorney - Barrett Chief of Police VanOstrand Building Commissioner - VanMarter Mast. Supt. of Public Works - Hannan Controller- Russell Youth Bureau Director - Cutia Asst. Controller - Spano Planning Director - Kesprzak Deputy Clerk - Grey All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. MINUTES: Alderman Tolles reported that the resolution on page 4 of the Council minutes of August 6, 1969 entitled "Additional Appropriations-Dryden Road Trees" was incorrect and should read as follows: By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that the $1,500.00 requested by the Superintendent of Public Works to plant trues on Dryden Road be provided from funds already allocated in Account A201.323 Parks-Forestxy- Tree Replacement. AYES: 13 NAYS: 0 s He recommended that the minutes be changed to reflect this. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the minutes of the last regular meeting be wended to include the above change, and that they be approved as emended. AYES: 14 NAYS: 0 Carried. PUBLIC HAG - ZO9IK_0 MAF&AMENDMENT: Mayor Kiely opened a public hearing duly advettised for this time on a proposal to amend the Zoning Map to rezone northerly from West Buffalo Street along both sides of Taughannock Boulevard between Cayuga Inlet and Flood Control Channel, which is partly zoned now as 1-1 and 1-3, to "M" zone. The new zone will provide for marina-oriented uses. An amendment to the zoning ordinance Section 7, District Regulations Chart, to provide for permitted uses for the new zone was also presented. Harold Teeter of Freeman's Motor Marine asked that certain parts be spQ4ed out so that there would be no question on uses of this area. He was informed that the intent was there, but not spelled out. As no one else appeared the Mayor declared the public he arir#g closed. By Alderman Feldt: seconded by Alderman Jones RESOLVED, that the Zoning Map amendment and the Zoning Ordinance amendment be referred back to the Charter and Ordinance Cammittee for further study. Carried. CODE AMENDMENT NO. 3- 1969 PUBLIC HEARING - ITHACA HOUSING CODE: Mayor Kiely opened a public hearing duly advertised for this time on a proposal to repeal the Ithaca Housing Code which is now in effect and` . to adopt in place thereof the Model Housing, Code. Murray VanMarter, Building Commissioner, went over the proposed additions to the Model Housing Code. He explained that these were parts that we have had in operation and were more suited to our use and went into more detail. As no other interested person appearei, the Mayor declared the public hearing closed. By Alderman Feldt: seconded by Alderman Nordheimer RESOLVED, whereas a public hearing, having been du]y authorized, has been held this 3rd day of September 1969 on the Model Housing Code for the City of Ithaca; NOW THEREFORE BE IT RESOLVED, that the Model Housing Code for the City of Ithaca has beef prepared, received, and laid on the table by this Ccmmon Council on August 6, 1969 be an , it hereby is approved; and BE IT FURTHER RESOLVED, that said Model Housing Code shall, after publication, became effective at noon on October 1, 1969; and BE IT FURTHER RESOLVED, that the Housing Code of the City of Ithaca is hereby rescinded effective at noon on October 1, 1969• Carried. DAVID SAPERSTONE: Mr. Saperstone spoke on the Will of Mr. E. C, Stewart who left Stewar Park to the City. He was against the building of anything at the park that was not for he use of all people as it was in violation of the Will of Mr. Stewart. Mayor Kiely said he took full responsibility for the building of the detention center in the interest of public safety. 13A-103 EFFECTIVE DATE ✓f This Chapter shall take effect on the first day of October 1969 13A-109 DEFINITIONS Family. One or more persons°legally recognized family relation- ship maintaining a common household, which may also include domestic help, 13B-103 EFFECTIVE DATE This Chapter shall take effect on the first day of October 1969.:, 13C-103 EFFECTIVE DATE This Chapter shall take effect on the first day of October 1969 , 13C-201 ADMINISTRATIVE AGENCY a-The -Office of the Building Commissioner of the City of Ithaca shall secure compliance with the applicable Housing standards and is hereinafter referred to as "the agency" .. b-The agency shall be under the direction and charge of the Building Commissioner (hereinafter referred to as "the chief officer") who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the agency", 13C--20.5 PENALTIES Every person who shall fail to comply with a violation order issued by the agency within the tinne limit stated thereon shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty five dolla _s, or by imprisonment for not less than 1.0 days nor more khan 180 days, or both. 13C-206 HOUSING BOARD OF REVIEW There shall be established a. housing board of review ap- pointed by the mayor, to consist of five persons, each to serve a term of three years, except that one person shall serve until December 31, 1969, one person shall serve until December 31, 1970, and three persons shall serve until December 31, 1971, The secretary of the board shall be the housing code enforcement offices., The board of review shall adopt from time to time such. rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and all its orders and reso t' ,s shall. be in accordance therewith. These rules a Ad Iati.ons shall be in effect when filer with the c�,�C, . , ;k;,` IT F" . 13C-207 DUTIES The duties of the board shall be to hear appeals for variance from the orders of the enforcement officer and to afford relief in such cases where, in their opinion strict enforcement of the order would create practical difficulties or unnecessary hardship. 13C-208 RULES GOVERNING HEARINGS The following rules shall govern hearings by the housing board of review: a-Petition, Any person affected by any order of the enforcement officer shall be granted a hearing before the housing board of review, provided that such person shall file in the office - of the city clerk a written petition requesting such hearing and setting forth a s­_,i°:ement of the grounds therefor within ten (10) days after the service of such order. b-Time of hearing. The hearing before the housing board of review shall be held not later than thirty (30) days after the date on which the petition was filed; postponement of the hearing shall be for good and sufficient reasons, and shall be mutually agreed upon by the board and the petitioner. c-Right of petitioner at hearing' At the hearing, the peti- tioner or his agent shall be given an opportunity to be heard and to show cause why such order should be modified. or withdrawn, d-Order of board, After such hearing, the board of review shall sustain, modify or withdraw the order, depending upon its findings, The board may also extend the time specified i for compliance if the case warrants such extension, e-Record, The proceedings at such hearings, including the findings and decision of the board o4 review. shall be summarized and entered as a public record at the office of the city clerk. Such record shall also include a true copy of every notice and order issued in each case" 13C209 REVIEE.1 OF DECISION OF HOUSING BOARD OF REVIEW a-Right to review, Any person aggrieved by any decision of the housing board of review may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state. b--Time limit for instituting action,. Such action shall be instituted within thirty (30) days from the time any order or determination of the board of review becomes final, 13C-405 In any dwelling in which space is let for profit, every sleeping room so let which is more than two stories above ground level shall have access to two separate means of egress, at least one of which shall consist of an enclosed interior stairway or an approved fire escape or horizontal exit, all so arranged as to provide a safe path of travel to the outside of the building without traversing any corridor or space exposed to an unprotected vertical opening, Traversing unprotected vertical openings may be permitted in sprinklered buildings, Such fire escapes shall be located, arranged, constructed and maintained in accordance with the provisions of Section 133 of the Multiple Residence Law. r L L"t, , COWS Ot 209 2 - September 3, 3969 TOMPKINS COUNTY TAXPAYERS ASSOCIATION: Florence Rumph, President of the Tompkins County Taxpayers Association, wanted to go on record as being opposed to the Public Safety Coordinator. She also spoke on the operation of the Woolworth Parking Lot and wanted to know if the City was subsidizing this. She was informed that Controller Russell would be willing to give her any figures on this. She also spoke on the lack of a microphone as it was hard to hear what was going on in the speetatorS' section. TRUCK TRAFFIC: William Merrill spoke on the traffic on East State Street and passed out charts to the aldermen showing a six-day study conductQdby his group. Elva Holman, secretary of the South Hill Civic Association, spoke of a telegram that was sent to Governor Rockefeller with 808 signatures in regards to Aurora Street, and said that an acknowledgement had been received. Michael Donnelly of 106 Crescent Place filed a petition with the Clerk with 1,036 names demanding that the City contact the State for signs at Candor excluding trucks of 9 -tons enact an ordinance which will implement the request to the State, remove the railroad hump on S. Aurora. St.immedi ately, and do all of this before the October meeting. Ross McIntire of 330 East State spoke on"a survey that his group had taken from noon to 2:00 a.m, and there was 1 truck every 7 minutes. He stated there was a definite problem on East State Street. Alderman Boronkay at this point offered a resolution on South Aurora Street, Mayor Kiel asked that a second be withheld until all discussion on this matter had been aired. Alderman Tolles spoke of eight points that had taken place since he had been active in following up on the Aurora Street situation and introduced William F. Duffy, Regional Director of the New York State Truckers' Association. Mr.Duffy stated that the truckers y were very concerned about what has happened and said the Association would do everything in its power to help alleviate the situation. He stated the truckers lost on these , accidents the same as the City. He asked that they take into consideration the safety and,economy .of the City as against the well-being of the factories. A detour..of 40 to 50 ,miles would hurt industries because truckers would refuse to deliver and if they did the "cost would be charged back to the industries. He' spoke of Minicke Hill in Scranton and of the solution they came up with, as to a truck stop before coming down the hill an4 signs all the way down stating "Trucks stay'in lower gear or Pay". The situation on ' Aurora Street was not created by truckers but by the industries that they serviced and toe lack of good roads in the vicinity. Alderman,Spano, at this point, asked if the Mayor would recognize a second to Alderman Boronkay`s motion, which he did. After much discussion it was decided to withdraw Alderman Boronkay.'s motion and have Alderman Jones motion read. After Alderman Jones motion it was decided to take a 5 minute recess so that Aldermen Tolles, Boronkay and Jones could.get together and incorporate their motions under one motion as they were all intertwined. At 10:15 p.m. the Mayor called the meeting to order. Alderman Jones presented the follo7f- ing resolution: By Alderman Jones: seconded by Alderman Tolles RESOLVED, that this Council shall ban all vehicles in excess of 9 tons (gross rated rate) from proceeding north on South Hill from the south City limits on South Aurora or Hudson Streets or Stone Quarry Road; and BE IT FURTHER RESOLVED, that this Council shall hold a public hearing on this matter on September 17,, 1969 in the City Council Chambers at 108 E. Green Street, and that at such time a method of exceptions shall be discussed, permit or otherwise exempt school buses and Ithaca College buses. Carried. Alderman Tolles at this time remarked on the tragic accident of August 6, 1969 and preented the following resolution: By Alderman Tolles: seconded by Alderman Bangs RESOLVED., whereas a tragic accident on August 6, 1969 caused the death of one member and serious injury to five other members of the family of Claude. and Helen Burstein of 142 Grandview Avenue of this City, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca does hereby extend its condolences to Mr. and Mrs. Burstein in the death of Mrs. Schwartz and its sincere sympathies to the injured members of their family, and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is instructed to convey in writing the text of this resolution to Mr. and Mrs.Burstein. Carried. FINGER LAKES ASSOCIATION: The Clerk read a letter from the Finger Lakes Association for the annual agreement with the City for 1970 in the amount of $863.97. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, that the agreement with the Finger Lakes Association for the year of 1570 be referred to the Finance Committee. Carried. 210 3 - September 3, 1969 ZONING APPEALS BOARD: The Clerk read a letter from G. M. Weaver tendering his resignation as a member of the Zoning Board of Appeals due to his moving outside the City. Mayor j Kiely accepted his resignation with regrets and extended his thanks for the good job he had done . Mayor Kiely then announced the appointment of Stuart Stein as a member of the Zoning Board of Appeals to fill the unexpired term, which is December 31, 1969. ITHACA COLLEGE TELEVISION: The Clerk read a letter from Ithaca College offering to televise the October and December meetings . The Ithaca College buses leave the Buffalo Street location every half hour for those who are interested. By Alderman Feldt: seconded by Alderman Nordheimer RESOLVED, that the Common Council of the City of Ithaca hold their October 1, 1969 and December 3, 1969 meetings in the T.V. studios at the Ithaca College Campus. AYES: 11; NAYS: 3 - Rundle, Spano, Anderson Carried. COOPERATIVE CONSUMERS SOCIETY: The Clerk reported he had the recommendation of the Planning Board on their request for rezoning and also read a letter from Harry Hamilton requesting the withdrawal of their petition of August 6, 1969. TRUCK TRAFFIC: The Clerk read a letter frcm Frederick H.Stutz and Edward J. Conley in regards to truck traffic creating excessive noise, air pollution and traffic hazards. They asked the Common Council to direct the Mayor to write to Commissioner T. W. Parker of the New York State Department of Transportation asking that all trucks of more than nine tons gross weight be prohibited from using any state routes through the Ithaca area unless they are making local deliveries . By Alderman Feldt: seconded by Alderman Jones RESOLVED, that the Mayor be directed to write a letter to T. W. Parker, Commissioner of toe State of New York, asking that all trucks of more than nine tons gross weight be prohibited from using any state routes through the Ithaca area unless they are making local deliveries, with a copy to Constance Cook. Carried: STEWART PARK ROSE GARDEN: Mayor Kiely reported that Mrs. Arthur Stallman had given a Rose Garden for Stewart Park in memory of her husband, Arthur C. Stallman, and had set up ' a trust fund to maintain it. PUBLIC SAFETY COORDINATOR: Attorney Barrett reported that to create the post of Public Safety Coordinator would require a City Charter amendment. AUDIT: By Alderman Bangs: seconded by Alderman Tolles RESOLVED, that the bills audited and approved by the Finance Ccmmittee in the total amount of $14,858.40, as listed on audit abstract #9-1969, be approved for payment. Carried. v BELLE SHERMAN & WOOD STREET PARKS: Controller Russell reported that the contract for acquisition of these parks under federal aid were ready to be executed. By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that a contract between the City of Ithaca, New York, and the United States of America for the purpose of providing Federal financial assistance to the City of Ithaca in the form of a grant of Federal funds under Title VII of the Housing Act of 1961, for the acquisition of properties known as Belle Sherman Park and Wood Street Park, be and hereby is approved; and that the Mayor and Deputy City Clerk be authorized to sign and execute said contract on behalf of the City of Ithaca under its Corporate Seal. Carried. TRANSFER OF FUNDS: Controller Russell reported that a request for transfer of funds of the Board of Public Works within budget accounts had been received. By Alderman Tolles: seconded by Alderman Bangs RESOLVED, that the requested transfer of funds, presented by the City Controller, be and hereby are approved in accordance with a detail listing below. $ 80.00 From: A207 - Golf Course -323 Tree Replacement To -314 Materials and Supplies Purpose: Purchase of portable lawn chairs at Golf Course. $5,700.00 From: A101-B-Highway Maintenance -341 Gravel Basing New Streets To -338 Curb & Gutter Renewal : Purpose: Finance cost of additional curb replacement. $ 250.00 From: F-265-4-250) Meter Section - Meters G-110-4-250) To . F-265-4-433) Meter Section - Mileage G-110-4-433) Purpose: Mileage budgeted too low. Have one additional Meter Reader. AYES: 13 Mileage rate raised from 10¢ to 12¢ per mile. Nays: 1 - Nordheimer Carried. 241 - 4 - September 3, 1969 Er CASS PARK AGREEMENT: Controller Russell reported that execution of an amendment increasing the total project cost of Cass Park from $950,000.00 to $1,190,000.00 was needed. By Alderman Tolles : seconded by Alderman Feldt RESOLVED, that the amendment to Stage II, Project No. 31-00053 Contract C-35007 increasing the cost and changing the scope of the project be and is hereby authorized, and it is hereby certified that funds for the local share of the cost are appropriated and available. Carried. CITIZENS ADVISORY COMMITTEE: Controller Russell reported that the Mayor's Citizens Advisory Committee had requested $15000.00 to cover their expenses for this year. This is the same method as used last year. By Alderman Tolles: seconded by Alderman Nichols RESOLVED, that the sum of $1,000 be appropriated from the General Fund Contingent Fund to Current Appropriations, budget account A-30-Mayor, to cover expenses of the Mayor's Citizens Advisory Committee as requested. AYES: 14 NAYS: 0 Carried. ADDITIONAL APPROPRIATIONS: Controller Russell reported that the Board of Public Works had asked for additional appropriations in various accounts . By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the sum of $1,500 be appropriated from the Water Fund Contingent Fund to ., Current Appropriations, budget account F290-560, Provision for Capital Projects, to provide additional funds for heating and electrical materials for the Vehicle Storage and Drafting Rodin Facility. AYES: 14 NAYS: 0 Carried. By Alderman Tolles: Seconded by Alderman Boronkay RESOLVED, that the sum of $4,000 be appropriated from the general Fund Contingent Fund to Current Appropriations, budget account AlO1B-Highway Maintenance, to finance the cost of installing guide rails on the west side of Aurora Street, between Hillview Place and Prospect Street. AYES: 14 NAYS: 0 Carried. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the sum of $6,000 be appropriated from the Sewer Fund Contingent Fund to Current Appropriations, budget account G-113-Sewage Treatment Plant, to provide funds for purchase of a new pump. ..AYES: 14 NAYS: 0 Carried. POLICE VEHICLE MAINTENANCE: Controller Russell reported that excessive maintenance costs ' on vehicle maintenance would leave the maintenance account short. Cost of parts and labor have increased over last year. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the sun of $2,500 be appropriated from the General Fund Contingent Fund to Current Appropriations, budget account A82-Police Department to provide funds for maintenance of Police Vehicles for the remainder of 1969. AYES: 14 NAYS: 0 Carried. TRAFFIC SIGNS: Alderman Sullivan reported that the idea of "Slow, School Zone" signs had been rejected on East State Street as the school was too far away. The Traffic Engineer was looking into the possibility of other signs. CASCADILLA STREET & NORTH ALBANY STREET SIGNS: Alderman Sullivan reported that 4-way stop signs would be erected at this interesection, which would eliminate the need for a school guard at this point. LINCOLN STREET & TIOGA STREET SCHOOL GUARD: Alderman Spano asked what had happened to the request for a school guard at this intersection. Alderman Sullivan reported that a traffic light would be installed in place of a school guard, as soon as the light came in•, By Alderman Spano: seconded by Alderman Rundle RESOLVED, that the Public Safety Committee be requested to put a school guard at Lincoln Street and Tioga Street until the light is installed. Carried. ATLANTIC RICHFIELD PROPOSAL, BLOCK 99: Alderman Rundle reported that the scheduled hearing for Block 99 had been delayed due to legal complications and now appears that these have been resolved, and a public hearing should be had. By Alderman Rundle : seconded by Alderman Tolles RESOLVED, that the City Clerk be and hereby is authorized to advertise a Public Hearing to be held by the Common. Council as required by law on October 1, 1969 at 7:30 p.m. in�the Council Chambers for the purpose of the Atlantic-Richfield Proposal, known as Block 99. 1 - 5 - September 3, 1969 RECREATION COORDINATOR: Alderman Slattery reported that there was a need to coordinate all recreation projects in the City, Schools and Towns so that the Youth Bureau would be able to use the facilities of the School District and cooperating towns . This has been done in the past but in an informal way. This will not create a new position as the Youth Bureau Director Cutia explained that the Assistant Youth Bureau Director is the coordinator. By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the City of Ithaca, through its Youth and Recreation Committee and Youth Bureau, be empowered to negotiate with the Ithaca School District, an agreement of intent to establish and maintain a coordinated recreation service program for the City and School District, and BE IT FURTHER RESOLVED, that upon completion of the agreement the City oP Ithaca and Ithage School District will act jointly in establishing this concept. Carried. TIOGA- GREEN PARKING STRUCTURE: Alderman Rundle reported that the New York State Urban Development Corporation has been working with Rothschilds, the City of Ithaca, and the Urban Renewal Agency to develop a parking structure including some commercial space in the lot adjacent to City Hall. The tentative schedule for this project is Program Phase report, September 18; 1969, Schematic Report, October 18, 1969, Preliminary Report, November 18, 1969, Construction Documents, February 18, 1970, Construction Start, April 1970 and Construction Completion, December 1, 1970. In accordance with this schedule, the Urban Renewal Committee of Common Council will bring to the Common Council their recommendationf► based on the preliminary reports of the development as of November 18, 1969. s CIVIL SERVICE EMPLOYEES ASSOCIATION: Alderman Spano reported that the CSEA had requested that they be recognized as the sole bargaining agent for units 4 and 5. By Alderman Spano: seconded by Alderman Holland RESOLVED, that the Common Council of the City of Ithaca does hereby recognize the Tompkins County Chapter of the Civil Service Employees as the sole and exclusive representative for and on behalf of the employees of Negotiating Units 4 and 5 for the purpose of collect- ive bargaining for all employees and the settling of grievances for dues paying members. The recognition granted to C.S.E.A. shall continue until December 31, 1971. Carried. On motion the meeting was adjourned at 11:20 p.m. Robert G. Grey, Deputy City Clerk n JA K K. KIELX, Mayor R 21 COMMON COUNCIL PROCEEDINGS SPECIAL MEETING 7:30 p.m. September 17, 1969 PRESENT: Mayor - Kiely Aldermen (12) - Slattery, Saccucci, Sullivan, Tolles, Boronkay„Jones, Nichols, Nordheimer, Spano, Rundle, Anderson, Holland ABSENT: Aldermen (2) - Feldt, Bangs OTHERS PRESENT: Attorney - Barrett Wm. Duffy-Regional Director N.Y.S. Truckers' Assp. Supt, of Public Works Fail R. Towlson, District Engineer,N.Y. Dist. #3. Urban Renewal Director - I-Dal.eti Tompkins County Planner - Ligouri Controller - RusVf--i? Clerk - Blean " .dun estimated 50 persons interested in the South Deputy Clerk - 'Yre " ��,•,Irora Street truck problem. PUBLIC HEARINC--SO(JTI Notice is hereby given that o Hnthato n September TRAFFIC: Mayor Kiely opened a hearing advertisea- for this time on a 17,1%9at7:3pp.m.in the common Council,es in excess of 9 tons (gross rated weight) fro>q Chambers at City Hall, 108 East Green traveling north frol Street, Ithaca, New York, the Common on either South Aurora Street, Hudson Street or'' Council of the City of Ithaca will hold a Stone Quarry Road. public hearing on banning all vehicles in1 Nordheimer who read a written report on the excess of 9 tons(gross rated weight)from subject prepared by proceeding North on South Hill from thelce Committee and which contained several South Streets or Quarry Road. or Hudson; He then called upon Mr.. Earl R. Towls on, � recommendations (col r ) . p District Engineer f( Anyone who wishes to be heard or who isinsportation, who advised the State was willing interested in the above should appear at the to construct a trucl above place and time. RDBERTG.GREY twheie south of the Ithaca College entrance on a site large enough ti September 8,1969 Deputy City Clare trLickS. If a spot could be found without the purchase of the rigl��--.,�- .,,_ ___ayin$ procedures of a public hearing to ensure federal aid, he indicated that the truck stop could"oe' constructed by this Fall. He indicate d.further that the State would not man the truck stop station but .that_it would. have to be done locally on a seven-day a week, `24-'hour per day basis in orderito be effective. Mr. Charles Besanceney, Director of Traffic Engineering for the State, spoke and described the types of signs to be used which he promised would be distinct and different. lie also indicated that buses should be .re quired to stop for inspection as well as trucks. Mr. Wm. .Duffy, Regional Director of N.Y.S. Truckers' Assn. asserted all were .in a*reement with the proposed truck stop and described those now in use on two very dangerous hills approaching Scranton, Pa. He stressed the importance of enforcement and the levyiip of severe fines for violators. He also felt that trucks should be required to shift intq their lowest_;gear and remain in such gear to the.bottcm of ,the hill. Others who spoke are as,follows Geo. Schuler, a teacher at Ithaca College, felt that even with a truck stop the hazard still would remain and advocated the installation of closed circuit television system estimated to cost $6,000 initially with an annual maintenance cost of $1,000.00 to control violators. He also advocated the removal pf, the L,V. RR track bump on South Aurora Street. In answer to the latter Mr. Dingman, Superintendent, advised that the Board of Public Woks was currently discussing"the method of;:its removal. Jon Levy, Ex. Vice-President of Chamber of Commerce, presented and read a prepared state, r- went , on the subject (copy attached to minutes) . Leon Zaharis reported South .Hill Civic Association favored the construction of a truck stop, the improvement oi; routes 96B and 34, between Spencer and Ithaca, and hoped that the City and County would cooperate in the construction of an outer-belt road ez ,the ultimate solution. Rick Dobson felt removal of the railroad bump wad not too important and favored a reduced speed limit of 10 m.p.h. for trucks. Richard Thaler felt strict enforcement of present regulations would eliminate all but freak accidents and asked tkie .Concil to consider not only the people along Aurora Street but also those along Route "q6, including the Town of .Danby, who depend on that road for economic development. Mrs. Carolyn Blizzard, 511S. Aurora Street, supported the South Hill Civic Association'q stand, expressed her concern about the railroad bump and asked for a 15 m.p.h. posted speed limit. Mayor Kiely thanked all those present for their views and declared the hearing closed. CODE AMENDMENT NO. 4-1969: By Alderman Tolles: seconded by Alderman Jones BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15 of the Code of Ordinances be and it hereby is amended to read as follows: Art. IX, Sec. 15-187-1, Truck Routes System (c) Notwithstanding any other provisions of this chapter, all northbound vehicles having a registered total gross weight in excess of nine (9) tons are hereby excluded from Aurora Street, from the south line of the City of Ithaca to State Street; Hudson Street, from Coddington Road to South Aurora Street; and Stone 214 - 2- September 17, 1969 Quarry Road, from the south City line to Spencer Road, except the following: (1) Buses engaged in, or normally engaged in, receiving or delivering passengers along Route 96B between its intersection with Route 96 in the Town of_Candor, Tioga County,and the intersection of Aurora Street and State Street in the City of Ithaca. (2) Trucks engaged in delivery or pickup of merchandise or other property along Route 96B between its intersection with Route 96 in the Town of Candor, Tioga County, and the intersection of Aurora Street and State Street in the City of Ithaca. (3) Buses being operated by public or private schools. Violation of the provisions of subsection (c) above shall be punishable by a fine of not to exceed $500.00 for each offense. °tea Effective upon publication. •,, AYES: 12 x ' NAYS: 0 Carried and approved. Alderman Saccucci suggested that all vehicles,upon leaving the truck stop, be escorted down the hill by police officers, and suggested also the provision of a safety zone somewhere between Hudson and Prospect Streets . By Alderman Nordheimer. seconded by Alderman Boronkay RESOLVED, that the Council hereby requests Tompkins County Board of Supervisors to give highest planning priority to an engineering study of all state highways entering the City of Ithaca. Carried. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED that the Council hereby requests N.Y.S. Department of Transportation to establis� traffic regulations which will require all those vehicles permitted to descend S. .Aurora Street to do so by using their lowest gear. Carried, C. MURRAY VAN MARTER'S RESIGNATION: The Clerk read a letter from C. Murray VanMarter tendering his resignation as Building Commissioner, effective October 1, 1969. He has dole an outstanding job and I tried to dissuade him, commented Mayor Kiely. At the Mayor's request, Alderman Nordheimer agreed to prepare a suitable resolution recognizing the Commissioner's service to the City, for presentation at the next meeting. - EXECUTIVE SESSION: By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Council be declared in executive session to hear a report from the City's Negotiating Committee on salary and wage requests for the coming year. Carried. Mr. Russell, Chairman of the Negotiating Committee, presented and reviewed in detail requests received from the Police Benevolent Association, the Paid Firemen's Association, the Laborers' Union and the Tompkins County Employees' Association. After a lengthy discussion of the various requests it was moved by Alderman Sullivan, seconded by Alderman Holland, and carried, that the Mayor be delegated to represent the Council and assist the Committee in their negotiations. On motion the meeting was adjourned at approximately 10:45 p.m. Geo. A. Blean, City Clerk ack K. Kiely, Mayor �y TO : Mayor Kiely and members of the Common Council F QOM: Codes and Ordinance Committee S: South Aurora Street DATE: September 13 ,1969 At its regular September meeting, Common Council instructed Charter and Ordinance Committed to develop an ordinance banning trucks weighing 9 tons or more from Zouth Aurora Urnon. A1'ker three long and searching meetings , your Committee has not been able to agree on the contents of such an ordinance, much less do the legal research necessary to present a suitable resolution before Council. Since most of the discussion by your Committee centered around a proposal to revise Section 15-187. 1 (c ) of the Code of Ordinances , your Committee has decided to recommend the following revision: The first; proposal. your Committee: considered would change Section 15-187. 1 (c ) of the Code from " . . .having a total gross weight in excess of nine tons . . . ," to " . . .having a registered total gross weight in excess of nine tons . L," (editorial: Since the registered total gross weight of a truck is painted on its side, this would eliminate the need { of the police to de tormine tho woi rht of the load being carried . It would , thet •Corm exclude, ( except for local deliveries ) vehicles with the capacity of a gross weight in excess of nine tons. ) Although not specifically directed by you to so report, your f Committee did discuss some other points which should be discussed i by other Committee' s or by the Council as a whole. 1 . Your Committee feels thak no proposal should Muse us: t:o F lose sight of the fact that an onginoerinK sol4tion W all i rm ' 'FY "• "� t''�• "3" * ". , m� ,"..a y TMd s : n, s. » i�k:.i�stX.�P�dddiw#� .f—�.7Cab:._.ta...i.,lu'_.SSA. L�.• ��....mow•,- ,s.a.;:,, :..c.. ,���.ui.,.z�'�-s.... -2- of the state highways entering into the Ithaca area , must; be sought with the highest priority. In this regard , we suggest; that Council request, the Board of Supervisors to designate the formulation of a suitable plan as the highest planning priority in the County. 2. Until a permanent engineering solution is found, your Committee urges that the Public Safety and Finance Committees investigate measures to maximize surveilance of Route 96B, within and outside the city limits, to addition to maximum surveilance of the manditory truck stop now promised by the State. In this regard , we urge they investigate the power of the Mayor under section 2-22(2) of the Charter to appoint "special policemen as may be necessary." 3 . Your Committee feels that the erection of the manditory truck stop on Route 96B south of the city be constructed as quickly as possible and in this regard , we recommend that Council re-affirm its August, resolution on this matter. It is also urged that those trucks entitled to descend South Aurora Street be required to descend in the lowest possible gear 4. It is recommened that Common Council urge the State of New York to change the nature of the signs approaching South Aurora Street hill so as to alarm drivers to the length, degree of slope and danger of the highway. 5. It is recommended that the Council urge the Board of Public Works to establish a No Passing, Lone north and south bound from the city line to State Street. Your Committee feels �'"� ,g.� ro•aro. �,, ,. .fie;Aga±. �_ k q .. �. i r- � .: �. -,' .: . '` ,.n+....,»;: � .� that the present, paSs:irT -,orle at the entr,'cfc to t•he city creates a sense that the worst of this hill has been past, while in reality the worst part. of South !'_urora Street hill is out of sight f',. rther down the hill. 6. It is urged that the Board of Public Works attempt to fill the long vacant position of Traffic Engineer. In this regard , it is urged that Council provide in the City' s lq%U budget sufficient 1'und., to attract a gimlified engineer to its employ. Respectfully„ Submitted, Charter and brdinarce Committee R1.1. ".ordheimer Vice Chairman a r '”' TESTIMONY OF JON LEVY EXECUTIVE VICE PRESIDENT TOMPKINS COUNTY CHAMBER OF COtI ERCE before Common Council of the City of Ithaca 7:30 p.m. Wednesday, September 17, 1969 YOUR HONOR, DISTINGUISHED ALDERMEN, FELLOW CITIZENS: I WE HAVE READ AND HEARD MUCH THESE LAST SIX WEEKS CONCERNING THE SITUATION ON SOUTH AURORA STREET HILL AND ROUTE 96B. MANY INDIVIDUALS, INSPIRED TO SPEAK AND ACT ON THE SITUATION BY NUMEROUS MOTIVATIONS, HAVE PUT FORTH THEIR SUGGESTIONS AND IDEAS FOR SOLUTIONS --- BOTH STOP-GAP AND LONG RANGE -- TO THE TERRIBLE PROBLEM. TvITH YOUR PERMISSION, I WOULD LIKE TO RECOUNT VERY BRIEFLY THE EVENTS LEADING UP TO THIS EVENING, AND THEN PUT FORTH A PROPOSAL. ON THE MORNING OF AUGUST 6TH, ONE PERSON WAS KILLED AND SEVERAL OTHERS INJURED WHEN THE LATEST IN A SERIES OF RUNAWAY ACCIDENTS THAT CAN BE TRACED MORE THAN 100 YEARS BACK OCCURED ON THE PARTICULAR HILL IN QUESTION. TONIGHT, SIX WEEKS TO THE DAY LATER, WE ARE ASSEMBLED TO AGAIN DISCUSS A SUBJECT WHICH HAS PROVEN THE SUBJECT OF DISCUSSION FOR SO MANY PREVIOUS MEETINGS OF THE C01104 COUNCIL IN MONTHS AND YEARS PAST. 2 - ONLY TONIGHT THERE'S A DIFFERENCE. TONIGHT, WE HAVE WITNESSED IN THE SIX WEEKS THAT HAVE INTERVENED SOMETHING THAT HASN'T HAPPENED BEFORE: THE ENTIRE COASIVNITY HAS ENDOP.SED, REQUESTED, DEMANDED AND SUPPORTED THE SAME PROPOSAL FOR A SHORT RANGE, STOP- GAP SOLUTION. AND YOU KNOW WFFAT? WE'VE ALREADY RECEIVED OUR ANSWER. THE STATE OF NEW YORK WILL CONSTRUCT A TRUCK STOP ON SOUTH HILL -- NOT IN ONE YEAR OR TWO YEARS -- BUT RIGHT NOW -- THIS FALL. WHY. WHY AFTER ALL THE MEETINGS, COMMITTEES, CONFERENCES, AND RESOLUTIONS, HAVE WE FINALLY WITNESSED SOME DEFINITE AND POSITIVE ACTION? THAT ANSWER CONCERNS US ALL, AND FOR THAT REASON I WILL NOW BRIEFLY TRACE THE RECENT HISTORY OF THIS PARTICULAR PROBLEM AND THE SOLUTION WHICH HAS El-ERGED. ON THE MORNING OF AUGUST 6TH, THE CHAMBER OF COPS ERCE WAS ON THE TELEPHONE TO ALBANY, SYRACUSE AND THE MAYOR'S OFFICE, TRYING TO REACH A CONCENSUS OF OPINION CONCERNING A PROPOSED TRUCK STOP. ALBANY GAVE THE GREEN LIGHT, AND SO DID SYRACUSE AND THE j PIAYOR. THE STATE WAS QUITE EMPHATIC ABOUT ONE POINT, HOWEVER: THERE MUST BE LOCAL I AGREEMENT AND DEMAND FOR SUCH AN UNDERTAKING BEFORE IT WOULD RE SERIOUSLY CONSIDERED. TWELVE HOURS AFTER THE ACCIDENT, THIS COUNCIL, IN THIS ROOM, PASSED A RESOLUTION, DRAFTED BY THE CHAMBER, REQUESTING IMMEDIATE ACTION FROM THE STATE ON A TRUCK STOP. BUT THE SUBJECT WAS ONLY STARTING TO PRECIPITATE LOCAL REACTION. WITHIN ONE WEEK, 3 _ THE TRUCK STOP CONCEPT WAS ALL BUT FORGOTTEN, AND FIFTY DIFFERENT ORGANIZATIONS AND INDIVIDUALS MEETING SECRETLY AND OTHERWISE HAD PROPOSED FIFTY DIFFERENT SOLUTIONS TO THE PROBLEM. THE STATE, FACED WITH THE SAME DISQUIETING DISPLAY OF DISUNITY THEY HAD WITNESSED IN ITHACA SO MANY TIMES BEFORE, QUIETLY DROPPED THE TRUCK STOP PROPOSAL AND TOOK THE ONLY POSITION THEY COULD UNDER THE CIRCUMSTANCES: WATCH AND WAIT. BUT bdE WERE NOT WILLING TO GIVE UP. IN MEETINGS WITH LARGE NUMBERS AND S149ALL, WITH IMPORTANT COM%'UNITY LEADERS AND CITIZENS ALIKE, WE BEGAN TO AGAIN GATHER MOMENTUM FOR THE TRUCK STOP., AND AT THE SAME TIAIE TRIED TO MOBILIZE TOTAL CO.WfUNITY EFFORT BEHIN% 14UTUALLY AGREEABLE GOALS. OUT OF THESE MEETINGS CAME FOUR DEFINITE, CONCRETE PROPOSALS: 1) THE TRUCK STOP: 2) A CHANGE IN SIGNS AND SPEED LIAlITS: 3) BETTER AND COORDINATED ENFORCEMENT OF THE EXISTING AND PROPOSED REGULATIONS: AND 4) ELIMINATION OF THE RAILROAD CROSSING BUMP AT HILLVIEW PLACE. I AM HAPPY TO REPORT THAT TONIGHT ALL FOUR ARE IN VARIOUS STAGES OF FRUITION. THE STATE WILL, BARRING THE INTRODUCTION TONIGHT OF ANOTHER ARRAY OF CONTRADICTORY OBJECTIVES, CONSTRUCT A TRUCK STOP SOMEWHERE ON ROUTE 96B AT WHICH POINT TRUCKS MUST COME TO A COMPLETE STOP, SHIFT TO A LOW GEAR, THEN PROCEED DOWN THE HILL. THIS CAN AND WILL BE DONE IN A MATTER OF WEEKS, NOT YEARS. IT WILL REPRESENT THE MOST 4 - I,IAPORTANT SINGLE STEP TAKEN TOWARD SAVING LIVES ON THAT HILL IN THE PAST HUNDRED YEARS. WE MUST REITERATE TONIGHT OUR MUTUAL DESIRE TO SEE THE Il-IIEDIATE IPPLE.MENTATION OF THIS NEEDED RESOURCE. CHANGES HAVE ALREADY BEEN 61ADE IN BOTH THE SPEED LI1%ITS AND SIGNING ON THE ROAD, AND MORE AND BETTER CHANGES WILL COME ABOUT AS A RESULT OF THE TRUCK STOP. THE SPEEDS WILL BE COORDINATED tdITH THE TRUCK STOP LOCATION TO PROVIDE P1AXIl"U>L? Il1PLEMENTATION. COORDINATED ENFORCEMENT HAS BEEN WORKED OUT -- AT LEAST ON PAPER -- BETWEEN THE THREE LAW ENFORCE11'ENT AGENCIES AS A DIRECT RESULT OF ONE OF THE CHAMBER 11EETINGS I PIENTIONED A MOMENT AGO. WE MUST CONTINUE TO EXERCISE VIGILENCE TO ENSURE THIS IS CARRIED OUT EFFECTIVELY. AND THE FOURTH ITEM -- THE RAILROAD CROSSIATG -- IS ALREADY BEING DISCUSSED WITH OFFICIALS OF THE LEHIGH RAILROAD BY OFFICIALS OF THE CITY OF ITHACA. WE HAVE SEEN, IN THE PAST SIX WEEKS, MANY DIFFERENT AGENCIES WORKING TOGETHER FOR THE P I SA11E GOALS. I'D LIKE TO THINK THE CHAMBER WAS AT LEAST PARTIALLY RESPONSIBLE FOR THIS LOCAL SOLIDARITY. BUT THERE ARE TWO PROBLEMS: FIRSTS EVEN THE CHAr11BER WAS ONLY IP76PIRED TO ACTION AFTER ANOTHER NEEDLESS DEATH, AND IN THAT WE MUST ALL BEAR A PART OF THE BLAME. WHY MUST DRAMATIC EVENTS PRECIPITATE ACTION? u DO WE NEED YET ANOTHER LOSS OF LIFE BEFORE WE TAKE ACTION ON OTHER L"lrPORTANT PROBLEMS EFFECTING OUR COMMUNITY? I HOPE THE ANSWER IS NO. WE'VE BEEN R07SS IN OUR RESPONSI- BILITIES, I HOPE, FOR THE LAST TIP F. THE SECOND PROBLEM IS THAT WE ALL HAVE A TENDENCY TO REST 0117 OUR LAURELS. LET'S HOPE THAT AFTER THE TRUCK STOP IS ERECTED THE VALUABLE COORDINATION CURRENTLY UNDERWAY BETt,'EEN THE CITY AND COUNTY PLANNING DEPARTMENTS FOR DEVELOPMENT OF A LONG RANGE PERMANENT SOLUTION TO THE PROBLEM DOES NOT FADE AWAY INTO TFIF BACK DRAWER OF SOP:?EONE'S FILES., ONLY TO BE DRAGGED OUT AGAIN THE NEXT TIME SO,'?ETHING IN;PORTANT ENOUGH OCCURS. WE'VE SEEN THE RESULTS OF WORKING TOGETHER. WE HAVE PJAP7Y PEOPLE TO THANK FOR THEIR EFFORTS -- STATEWIDE AND LOCALLY -- IN GETTING US TO WHERE WE ARE TODAY, n40ST IMPORTANTLY CONNIE COOK. BUT INDIVIDUALS CAN ONLY DO SO AVCH. IT WAS THE COLLECTIVE ACTION OF THE CITY, COUNTY, CHAP_"BER, AND SOUTH HILL CIVIC ASSOCIATION THAT REALLY MADE A DIFFERENCE THIS TIME. I THINK WE'VE ALL LEARNED SOMETHING ABOUT WORKING TOGETHER, AND I HOPE WE DO NOT FORGET. I SAID I HAD A PROPOSAL AND HERE IT IS: LET'S SHOW THE STATE THE SA.P?E SINGLENESS OF PURPOSE TONIGHT WE'VE DISPLAYED -- WITH ONLY PdINOR EXCEPTIONS -- THE PAST SIX WEFKS. WHEN THE TRUCK STOP IS BUILT AND OPERATING, THAT'S THE TIME TO INTRODUCE DRAMATIC NEW PROPOSALS -- NOT TONIGHT. 6 _ LET US -- ALL OF US -- LEAVE THIS MEETING TONIGHT HAVING AGREED ON ONE DEFINITE OBJECTIVE. AND LET'S NEVER. AGAIN HEAR A REPRESENTATIVE OF THE STATE OF NEW YORK SAY THAT THE PEOPLE IN ITHACA DON'T EVEN KNOW WHAT THEY WANT FOR THEMSELVES. THANK YOU. I TOMPKINS COUNTY CHAMBER OF COMMERCE 205 West Green Street•Ithaca, New York 14850•Telephone (607)273-7080 Come live the good life) ROUTE 96B TRUCK SURVEY 124-hour period) Conducted by the New York State Police Department In cooperation with the New York State Department of Transportation. SYNOPSIS OF RESULTS: Midnight to 6 am- none 6 am to 8 am- 2 8 am to 2 pm- 14 (this group checked further; see below) 2 pm to midnight- 11 TOTAL 24-hour : 27 (NOTE: Of the 14 trucks from 8 am to 2 pm, four had stops at points south of Aurora & State Sts; the other 10 were J, classified as ftlocal trucks. " ) AVERAGE SPEEDS: (verified by radar ) 1 truck exceeded 50 mph at Aurora & Coddington Rd. The remaining 26 trucks were all within the posted limits, with several travelling between 20 & 22 mph. DATE OF SURVEY: August 26, 1969 215 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. October 1, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Slattery, Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones, Nichols, Nordhei.mer, Spano, Rundle,Anderson, Bangs ABSENT: Alderman Lolland OTHERS PRESENT: Attorney - Barrett Assistant Controller - Spano Urban Renewal Director - Daley Clerk - Blean Planning Director -Kasprzak Deputy Clerk - Grey Controller - Russell All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag, and, at his request, remained standing a moment in silent prayer. Mayor Kiely thanked Ithaca College and Station WICB for the opportunity to televise the proceedings of this session and thus present it to the viewing public who may be interested in the affairs of City government. He noted that Alderman Holland was absent due to illness and expressed the hope that he was well enough to observe the proceedings from his home. MINUTES: Minutes of the last regular meeting and the special meeting held on September �7, as recorded by the Clerk, were approved. PUBLIC HEARING URBAN RENEWAL BLOCK 99: Mayor Kiely announced that technicalities had arisen .regarding the public hearing advertised for this time and called upon Alder'm,an. Rundle who explained that further assurances are required of the proposed developer in order to­ guarantee completion of the construction of the entire block. By'Alderman Rundle: seconded by Alderman Spano RESOLVED, that this Hearing be closed at this time and that it be adjourned until.the next regular meeting to be held on November 5th; and that the Agency be requested to re- advertise another hearing thereon to be held on November 5, 1969. Carried. HISTORIC PRESERVATION GRANT FOR DE WITT PARK: Upon the recommendation of the Planning Board action was taken to authorize the filing of an application with the Federal Govern ment for aid in financing improvements in the DeWitt Park area under a program of grants for Historic Preservation. By Alderman Jones: seconded by Alderman Tolles WHEREAS, Section 709 of Title VIZ of the Housing Act of 1961, as amended, provides for the making of grants of Federal funds by the Secretary of Housing and Urban Development to States and local public bodies to assist in financing the acquisition of title to or other permanent interests in areas, sites, and structures of historic or architectural value i4' urban areas, and in their restoration and improvement for public use and benefit, in accgrd with .the comprehensively planned development of the locality; and WHEREAS, the City of Ithaca (herein sometimes referred to as "Applicant") deems it necessary and in the public interest to undertake an historic preservation project (here-, inafter called the "Project") with Federal grant assistance to improve and restore cc:7+^i'r property for historic preservation located in the City of Ithaca, TcmpkinsCounty, New Yo3 described as DeWitt Park and located in the southwest corner of the block bounded by East Buffalo, North Cayuga, East Court and North Tioga Streets; and WHEREAS, it is estimated that the cost of said improvements and restoration will be $20,000.00; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Ithaca: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Section 709 of Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $20,000.00 and that the Applicant will pay the balance of the cost from funds available to it. 2. That the Mayor is hereby on behalf of the Applicant authorized and directed to execute and to file such application, and an assurance of compliance with the Department of HousiPg and Urban Development regulations under Title VI of the Civil Rights Act of 1964, to exe- to such contract or contracts as may be necessary for the grant applied for, to provide such information and furnish such documents as may be required by the Department of Housing and Urban Development, and to act as the authorized correspondent and representative of the Applicant in the accomplishment of the Project. -2- October 1, 1969 3. That the proposed Project is in accord with the comprehensively planned development of the locality, and that, should said grant be made, the Applicant will retain, maintain and preserve said property for public use and benefit and for the historic preservation purposes designated in said application and approved by the Department of Housing and Urban Development. 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and with Federal requirements relating to equal employment opportunity. 5 . That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. Carried. ` MRS. MARGARET MONROE APPOINTMENT: The Clerk read a letter from the Planning Board advising that Mrs. Margaret Monroe, who had been serving in a provisional capacity, had passed a .. civil service examination for the position of Junior Planner. It recommended her permanent appointment. to this position, effective September 17, at an annual salary of $7,016.00. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the Planning Board's recommendation be approved and that Mrs. Margaret W, Monroe be appointed to the position of Junior Planner at an annual salary of $7,016.00, the first merit increment step of grade 31 in the Compensation Plan; that her appointment became effective as of September 17, 1969; and that it be subject to the usual probational term. Carried. C. M. VAN MARTER'S RESIGNATION: The Clerk called attention to the vacancy in the office of Building Commissioner, effective October 1st due to the recent resignation of C. Murray VauMarter, which was reported at the special meeting held on September 17th. Mayor Kiely reported he had instructed Mr. Dingman to search for a replacement and that since this was an important position to fill Mr. Dingman had been carefully reviewing applicants for the position and hoped to have a recommendation for appointment to fill the vacancy soon. In the meantime he reported that Mr. Dingman was supervising the operation ofthe Commissioner's office. By Alderman Nordheimer: seconded by Alderman Spano WHEREAS, to the Office of Building Ccmmissioner he brought honesty, consistency, a broad knowledge of the problems of the building trades, and a willingness to help both amateur and professional to build within the limits of the law and their resources and in the interests of improving the City of Ithaca; and WHEREAS, he brought dedication, a commitment to public service, patience and a willingness to work far beyond the expectation of normal hours and efforts and kept through all the tribulations, accusations, arguments and tests of his authority, the ability to smile and find Manor in small things; and WHEREAS, by concerted effort he and his staff covered the greater part of the apartments and roams offered to let to unwary tenants, to make sure that someone could vouch for t air being safe and sanitary; and WHEREAS, even in the face of criticism and adverse public opinion and in the face of monied and powerful landlords he had the courage and integrity to declare some dwellings unfit for human habitation; and WHEREAS, in the face of less than specific definitions he was himself strong enough to r interpret the laws governing the use, number and size of signs and to look out for the public interest in spite of prolonged and repeated petitions for more and bigger advertising beacons;and WHEREAS, he had the strength to choose how long to stay in office and when to leave it without coercion, and had won the respect of those to whom he had said "no" as well as those to whom he had said "yes"; BE IT THEREFORE RESOLVED that C. Murray VanMarter be commended with the resolution of appreciation on behalf of the City by its Common Council in session, Wednesday, October 1, 1969; and BE IT FURTHER RESOLVED that a certified copy of this resolution be presented to Mr. VauMarter by the Clerk of this Council. Unanimously carried.. RANDALL SHEW RESIGNATION: The Clerk read a letter from Randall E. Shew tendering his resignation as a member of the Ithaca Housing Authority. Mayor Kiely indicated he had accepted Mr. Shew's resignation with regrets because he felt he had been a crusader in any civic matters assigned to him. He announced his appoints ment of Frank C. Baldwin, 102 Triphammer Road, as a member of the authority to fill Mr. Shew's unexpired term which will end on October 17, 1973. 217 -3- October 1, 1969 ELESTER CUNNINGHAM: The Clerk called attention to the fact that the term of Elester Cunningham as a member of the Housing Authority would expire on October 17, 1969. Mayor Kiely advised that Mr. Cunningham had agreed to succeed himself in office for another five-year term. Mayor Kiely therefore announced his appointment of Elester Cunningham as member of the Ithaca Housing Authority to succeed himself for a five-year term ending October 17, 1974. ROBERT DOHERTY RESIGNATION: The Clerk read a letter from Robert E. Doherty announcing his resignation as a member of the Civil Service Commission, effective September 10th, because he was moving his residence outside the City. Mayor Kiely announced his appointment of Raymond E. Blanchard, 121 Farm Street, to fill the vacancy caused by Mr. Doherty's resignation for the term ending June 1, 1972. By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that the Mayor's appointment of Raymond E. Blanchard as a member of the Civil Service Commission for the unexpired term ending June 1, 1972 be approved. Carried. MRS. CAROLE GROVER APPOINTMENT: The City Controller announced the resignation of Mrs. Pamela Tallman as a Senior Account Clerk in the Finance Department and he recommended the promotion of Mrs. Carole Grover to fill the vacant position. . By Alderman Tolles: seconded by Alderman Jones RESOLVED, that Mrs. Carole Grover be promoted and appointed provisionally to the positiop of Senior Account Clerk in the Finance Department at an annual salary of $4,740, the minimum of Grade 22 in the Compensation Plan, effective October 6, 1969; and that the Civil Service Commission be requested to hold an examination for this position. Carried. TRANSFERS: Alderman Tolles reviewed the following list of transfers within the 1969 Budget as prepared by the City Controller: REQUESTS FOR TRANSFERS OF FUNDS Amount: $2,000.00 From: A218 Community Transit - 230 Motor Vehicle Equipment To: - 312 Equipment Parts & Supplies' $1,000.00 - 418 Equipment Maintenance $1,000.00 :Purpose: Deficiency in accounts Amount: $ 150.00 From: A-58 Engineers - 310 Office Supplies To: A- 76 Public Works Administration - 310 Office Supplies Purpose: Deficiency in accounts Amount: $ 800.00 From: A-115 Refuse & Garbage Disposal - 407 Contractual Services To: - 418 Equipment Maintenance Purpose: Additional tires to be recapped on loader at landfill. Amount: $2,000.00 From: A101B-Highway Maintenance - 314 Construction Materials To: - 312 Equipment Parts & Supplies Purpose: Increased cost of repair parts . Amount: $ 400.00 From: A-74 City Hall - 250 Other Equipment $100.00 - 419 Building Rdntenance $300.00 To: - 302 Building Maintenance Purpose: Deficiency in accounts Amount: $1,000.00 From: A-109 Traffic Control - 418 Equipment Maintenance To: - 309 Gas and Oil $100.00 - 312 Equipment Parts & Supplies 50.00 - 314 Constr. Materials & Supplies 850.00 Purpose: Deficiency in accounts -4- October 1, 1969 (Transfer of funds) Amount : $ 100.00 From: A-74 City Hall - 419 Building Maintenance To: A201 Parks-Forestry - 312 Equipment Parts & Supplies Purpose: Deficiency in accounts . Amount: $ 40.00 From: A­84 Building Commissioner - 310 Office Supplies To: - 436 Dues , Memberships and Publications Purpose: Deficiency in accounts . Amount: $ 340.00 From: A-37 Chamberlains Office 310 Office Supplies To: - 220 Office Equipment Purpose: To replace 1953 typewriter and to beat price increase. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the requested transfers of funds, presented by the City Controller, be and hereby are approved. Carried. _AUDIT: By Alderman Bangs : seconded by Alderman Nichols RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $7,032.24, as listed on audit abstract #10-1969, be approved for payment. Carried. ZONING MAP AMENDMENT: Alderman Feldt presented a progress report on a proposal to rezone an area along Taughannock Blvd. , northerly from W. Buffalo Street, for marine-oriented ,ses indicating that the proposal required redrafting. BIBBINS HALL: Alderman Sullivan reported that the Police Department was in the process of moving to its new facility at Bibbins Hall and indicated the move would be completed in another week or so. He said plans were being formulated to have the facility open for public inspection on October 13th, if possible. S. AURORA STREET: Alderman Spano inquired about the current status of the S. Aurora Street, problem. Mayor Kiely reported that the N.Y.S. Transportation Department was designing new highway signs to be used in conjunction with the truck stop on route 96 and that it was working on the enforcement of trucks being required to use their lowest low gear when descending the hill, He expected the entire project would be completed within six weeks. He also reported a suggestion of the Police Department to install an electronic beam which, if a run-away truck passed over it, would automatically switch the traffic lights at the Aurora instersections with State, Seneca and Buffalo to all-red for east-west bound and green for north south bound traffic was being studied by N.Y.S. transportation Department. A rough guess of the cost thereof was placed at $10,000.00. Alderman Tolles reported that State engineers were working with County and City planners on proposals for alternate routes to bypass Aurora Street hill and that he was keeping pressure on State Officials to have something ready to go to public hearing by March 1970. Alderman Tolles reported good progress on the elimination of the L.V. RR track crossing on S. Aurora Street, EAST BUFFALO STREET SPEED: Alderman Nordheimer requested a check on the speed of motor vehicles using the 300 and 400 blocks of East Buffalo Street and the matter was referred to the Public Safety Committee. UNDERGROUND UTILITY LINES: Alderman Nordheimer presented and reviewed a rough draft of an outline of a proposed ordinance to require the placing of public utility lines under- ground. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the proposed ordinance be referred to the Planning Board for study and report with recommendations thereon. Carried. GARBAGE TRUCK: Alderman Nordheimer reported the Board of Public Works had requested the Council to include $14,000.00 in the 1970 budget to finance the cost of a new packer-type garbage truck. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Finance Committee be directed to include an item in the 1970 budget for the purchase of a new garbage truck as requested by the Board of Public Works. Carried. -5- October 1, 1969 CODE AMENDMENT N0. 5-1969: Alderman Nordheimer recommended approval Cpr seya&% l amendments to the traffic ordinance which had been recommended for adoption by the Board of Public Works . By Alderman Nordheimer: seconded by Alderman Feldt BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15 of the Code of Ordinances be amended as follows: 1. Article V, Sec. 15-117, All-night parking in metered zones; prohibited, exception. No person shall park a vehicle in any metered zone on any street except those excepted in this section for a period of time longer than fifteen (15) minutes between the hours of 2:00 a.m, and 5:00 a.m, of any day, except physicians on emergency call. This section shall not apply to the following metered zones: College Avenue, east side, Oak Ave. to Bool St, College Avenue, west side, Oak Ave . to Cook St. Dryden Rd. , north side, College Ave . to Elmwood Ave. Dryden Rd. , south side, Eddy St. to Linden Ave . Eddy St. , east side, from 80 feet north of the north line of Seneca St. to Campus Arch, Eddy St. , west side, Seneca St. to Williams St. Oak Ave . , north side, from College Ave. to west curb line of Summit Ave, extended. Oak Ave . , south side, College Ave . to Lutheran Church. Ozmun Place, north side, from west line of Stewart Ave . 156 feet west. Stewart Ave . , west side, from Buffalo St. to a point 100 feet north of the north �. line of Ozmun Place. �. 2. Article IX, Sec. 15-183, parking meter zones . CSC Add the following to the schedule of parking meter zones: Stewart Ave . , west side, from Buffalo Street to a point 100 feet north of the north line of Ozmun Place. 3. Article IX, Sec. 15-185, overnight parking area. This section is hereby repealed. Effective upon publication AYES: 13 NAYS: 0 Carried and approved. RECREATION COORDINATOR: Alderman Slattery reported the proposed agreement between the City and School District regarding a recreation coordinator was still in the discussion stages with the Board of Education. URBAN RENEWAL: Alderman Rundle reported that the developer of the Hotel block had made a decision to include a department store in his development and that he anticipated con- struction to start in the Spring of 1970 and the project opening in September 1971. SCOTT CARLSON: Urban Renewal Director Daley introduced Scott Carlson, project director for NYS Urban Development Corp. , who spoke briefly on his work in the Ithaca area. CIVIL DEFENSE: Alderman Saccucci asked what had been done about a request by the Civil Defense Director that the City provide through legislation for the continuity of Its govern- ment during a national emergency, such as an enemy attack or during natural disaster situations . By Alderman Saccucci: seconded by Alderman Spano RESOLVED, that the matter be referred to the Charter & Ordinance Committee for consideration. Carried. Before adjournment Mayor Kiely once again thanked Ithaca College and officials of Station WICB for televising the proceedings of this session. On motion the meeting was adjourned at 8:45 p.m. Go • C l -�- Geo. A. Blean, City Clerk at i l r Jack Kiely, Mayor 220 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. November 5, 1969 PRESENT: Mayor - Kiely Aldermen (14) - Slattery,Saccucci, Sullivan, Feldt, Tol.l.es, Boronkay, Jones, FAchols, Nordheimer, Spano, Rundle, Anderson, Bangs, Holland Aldermen-Elect - Michael Robinson, John Blanchard, Edward J. Conley Attorney - Barrett Housing Authority Members - Cunningham, Daley, Urban Renewal Director - Daley Alexander Planning Director - Kasprzak Housing Authority Director - Armstrong Youth Bureau Director - Cutia Controller - Russell; Asst. Controller - Spano Chief of Police - VanOstrand Clerk - Blean; Deputy Clerk - Grey All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. MINUTES: Minutes of the last regular meeting, as recorded by the Clerk, were approved. N.Y.S. DEPT. OF TRANSPORTATION: The Clerk read a letter from N.Y.S. Dept. of Transportation acknowledging the Council's proposal, dated September 3, 1969, that all heavy trucks be banned from using state routes through Ithaca. It indicated it was pursuing the possibility of the truck ban and as soon as conclusions were reached it would arrange to meet with City officials for a full discussion on the proposal. Mayor Kiely welcomed the new aldermen-elect and congratulated them and chose reelected to office on November 4th. ' WEST BUFFALO STREET PROPERTY ACQUISITION: Attorney Barrett presented and reviewed a map of the area bounded by W. State, W. Buffalo and Brindley Streets showing the properties to be acquired by the City for the extension of W. Buffalo Street to W. State Street. He recommended approval of purchase offers for the following three properties: Elmer J. & Hazel M. VanOstrand - $11,000.00 Morris M. & Cecil B. Shulman - 11,000.00 Perry Barnes - 300.00 He advised that negotiations were continuing on the balance of the properties needed and indicated that condemnation proceedings might be required in some instances if negotiatio failed. By Alderman Feldt: seconded by Alderman Anderson RESOLVED, that the City Attorney's recommendation be approved; and that the purchase of the"` VanOstrand, Shulman and Barnes' properties be approved in accordance with the terms of the signed purchase offers therefor on file with the City Attorney. Carried. EDISON JONES APPOINTMENT AS BUILDING COMMISSIONER: Mayor Kiely reported that the vacancy in the office of Building Commissioner lead been advertised and that seven persons had applied for the position. He presented a oemo from the Superintendent indicating he had interviewed all seven applicants and as d result had recommended the appointment of Edison Jones to fill the vacancy. Mayor Kiely announced his appointment of Mr. Jones as Building Commissioner at an annual salary of $8,208.00 to fill the vacancy, effective November 10th, and requested Council approval thereof. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Mayor's appointment of Mr. Edison Jones to the position of Building Commissioner, at an annual salary of $8,208.00, the minimum of Grade 36 114 the Compensation Plan, effective November 10, 1969, be approved and confirmed. Carried. TRANSFERS: Controller Russell presented and reviewed a list of transfers within appropriations which he advised had been recommended by the Finance Committee: By Alderman Tolles: seconded by Alderman Bangs R-F-SOLVED, that a request of transfer of funds, presented by the Controller, be approved in accordance with the following schedule of accounts: a. Amount: $ 173.00 From: A 10 - Common Council - 411 Printing To: - 435 Advertising Purpose: Deficiency in account. Amount: $ 156.00 From: A 37 - City Chamberlain - 411 Printing To: - 407 Contractual Services Purpose: Cost of inrtallin.g leased line from old Police Headquarters to new Police Headq,.---tern for Va•11+ in Chamberlain's office. -2- X&rwnber �i. 1969 T Amount: $1,040.00 Amount: $ 325.00 From: ;218 - Gcmmunity Transit FBI: A300 - Constr. & Maint. Office - 230 Motor Vehicle Equipment - 433 'Travel To: - 312 Equip. Parts & Supplies To - 411 Printing Purpose: Amount needed for balance of year. Purpose: To cover coat of printing various permits . Amount: $1,200.00 Amount: $35,000.00 Frcm: A101B - Street Maint.-Highway Frcm: Cap. Res. #20 West Hill Water & - 314 Constr. Mat. & Sup. Seger Dev.-$25,800. . .. To - 339 Machine Paving Cap. Res. #17 'Sewer Construction Purpose: Deficiency in account. $ 9:,200 To: Cap. Constr. Account - West Hill Water Amount: $ 184.00 & Sewer Dev. The Sewer construction From: A201A - Stewart Park work is to be billed back to the 250 Other Equipment developer, and receipts will be To: - 419 Property Maint. returned to Cap. Res. #17. Purpose: Deficiency in account. Purpose: Develop. of West Hill Water & Sewer Amount: $ 4o.00 Amount: $ 46.00 Fran: A216 - Cam Marina Fran: A211 - Cemetery - 418 Equip. Maint. - 250 Other Equipment To: - 419 Property Maint. To: - 309 Gas & Oil Purpose: Deficiency in account. Purpose: Deficiency in account. c.C� Amount: $ 50.93 Amount: $ 19.00 Q� Frcm: G290-650 Cont. Account-Surer Frcm: A290-650 Cont. Account-General Fund To: Triphammer & Wait Ave. Sewer Constr. To: Taylor Place Ext, Constr, Account Purpose: Amount needed to close account. Purpose; Amount needed to close account. Amount: $ 200.00 Amount: $2,000.00 Fran: A 82 - Police Dept. From: A 82 - Police Dept. - 220 Office Equip. - 407 Contractual Services To: - 310 Office Supplies To: - 418 Equipment Maintenance Purpose: Deficiency in account Purpose: Deficiency in account. Amount: $29000.00 Fram: A 82 - Police Dept. - 407 Contractual Services To: - 433 Travel Purpose: Deficiency in account. AYES: 14 NAYS: 0 Carried and approved by Mayor. By Alderman Tolles: seconded by Alderman Bangs Resolved, that the City Controller be and is hereby authorized to transfer any unencumbered appropriation balance or portion thereof between the same general classifications of expenditures within any department for the remainder of 1969, as authorized by Article 2 - See. 31, (6), (b) . Carried. JOE SPANO TRAVEL EXPENSES: By Alderman Tolles: seconded by Alderman Jones RESOLVED, that Joseph Spano, Assistant Controller, be and hereby is authorized to attend an N.C.R. Computer Programming School at Hartford, Conn., from November 10 to November 14, 1969, at a cost of not to exceed $250.00. Carried. MRS. JUDY MARTIN: The Controller recommended the provisional appointment of Mrs. Judy Martin as an Account Clerk in the Finance Department to fill an existing vacancy. He advised she had been selected from a total of 9 applicants for the position. By Alderman Tolles": seconded by Alderman Jones RESOLVED, that Mrs. Judy Martin be appointed provisionally to the position of Account Clerk in the Finance Department at an annual salary of $4,214, the minimum of Grade 19 in the Ccmpensation Plan, effective November 3, 1969; and that the Civil Service Commission be requested to hold an examination for this position. Carried. `v'It DAMAGES TO VEHICLES: Alderman Tolles felt the need of developing score type of personnel policy whereby the drivers of city-owned vehicles should be disciplined in some way if they caused damage to a city-owned vehicle through negligence on their part while driving on Ieity business. By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the matter be referred to the Public Safety Ccmmittee for study and report. Carried. 22 -3- N,ov*mber 5. 1969 AUDIT: By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that the bills audited and approved by the Finance Ccmmittee, as listed on audit abstract #11-1969, be approved for payment. Carried. BILL POSTING: Upon the request of Alderman Feldt the Mayor agreed to write to the Chairmen of the local political parties thanking them for keeping bill posting to a minimum ,during the 1969 political campaign. BIBBINS HALL: Alderman Sullivan announced plans were being completed for holding an open house at Bibbins Hall and expressed a hope that it could be held on November 22 and November TOUR OF PROJECTS: Alderman Nordheimer advised the Superintendent was arranging the annua: tour of capital projects and the date would be announced later. TAUGHANNOCK BLVD. & PARK RD. SPEED LIMIT: Alderman Nordheimer reported the Board of Public Works had recommended amendment of Section 15-79 of the Traffic Ordinance to pro- vide for a 40 mph speed limit on part of Taughannock Blvd. and Park Road on a permanent basis. He advised that the 40 mph had been in effect on a 90-day trial basis and the Board felt it had proven satisfactory. He then read a letter from the Planning Board recommending that the speed limit be not increased in this area. He advised the Public Works & County Relations Committee found nothing new to substantiate the Board's renewed request for the increase in the speed limit and therefore recommended no action be taken on it. Chief of Police VanOstrand stated that a check of vehicular traffic revealed that 40 mph was the average speed of vehicles in this area and felt that it would be a more realistic limit as well as making it more uniform with the speed limits on other streets entering the City. The matter was referred to the Public Safety committee for further study. ALTERNATE SIDE PARKING: Alderman Nordheimer reported that the Board of Public Works had requested the Council to amend Section 15-124 of the traffic ordinance, alternate side all night parking, for purposes of clarification and enforcement, He called attention to the proposed amendment which is included in the Board's minutes, dated October 8, 1969. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the matter be referred to the Charter & Ordinance Committee for study and report. Carried, t DALE R. CORSON: Mayor Kiely introduced Mr. Dale R. Corson, President of Cornell Universi who he had invited to speak to the aldermen on matters dealing with Town and Gown. He introduced Mrs. Corson who was present also. Mr. Corson told members of the Council that the University's Board of Trustees had charged him with the responsibility of analyzing the University's relationship to the City of Ithaca and working out its responsibilities in that relationship. He emphasized the fact that the University is a part of the local community and that a great deal of inter- dependence exists between the two. The University contributes to the City through its provision of educational, cultural, and athletic opportunities and has quite an economic impact on the community through a substantial payroll it provides as well as support given to many municipal services or projects. The problems it creates for the City he listed as the services it requires from the City and the large amount of tax exempt property owned by it. He expressed his feeling that a good spirit exists on the Campus at present and that the University is better organized to deal with problems as they arise than it had been in the past. The University's fundamental concern is supplying an atmosphere that is appropriate to University education and in order to do this it must be able to not only maintain order but to do its best to solve the underlying problems which have led to unrest on the Campus. He called attention to the University's designation of Robert J. Kane and Jackson 0. Hall to work with the City on its problems and concluded by thanking Mayor Kiely and all other City officials for their help and cooperation extended to University officials during periods of recent unrest. YOUTH COORDINATOR AGREEMENT: Alderman Slattery presented and reviewed a rough draft of a proposed agreemeht between the City and the City School District providing for the operation of a recreation program under the joint sponsorship of the City and the School District. He recommended it be referred to the City Attorney for further review. It wa� left with the Committee and the Attorney to work out final details . H SPECIAL MEETING: Alderman Rundle, Chairman of the Urban Renewal Committee, requested the Mayor to call a special meeting of the Council to be held on Wednesday, November 19th at 7:30 p.m., to hear a report by the N.Y.S. Urban Development Corporation on its participation in the Urban Renewal Project area. Mayor Kiely agreed to do so. 22 cl -4- November 5, 1969 SISTER CITY AFFILIATION: . Alderman Holland cal.J.ed. attention to an article in the September issue of the N.Y.S. Municipal Bulletin, published by the Mayor's Conference on the subject of sister-city affiliation. He felt Ithaca should find' 'out how it could participate. $y Alderman Holland: seconded by Alderman Slattery RESOLVED, that Alderman Holland be authorized to write to Frank C. Lamb, President of the Mayor's Conference, and secure more information on the subject. Carried. COOPERATION, AGREEMENT AMENDMENT: The Clerk read a letter from the Ithaca Housing Authority requesting the Council to amend the existing Cooperation Agreement between the City, and the Housing Authority by increasing the number of approved low rent public housing units from 300 to 700, or an increase of 400 units . Chairman Cunningham explained that amendment of the agreement would free the hands of the Authority to explore the possibility of providing additional units and that the State Urban Development Corp, cannot proceed with: its plans unless the Council agrees to the additional units . Mr. John Alexander, a member of the Authority, felt there was no rush at this time or until the .300 are committed. Alderman Saccucci felt that the matter should be left for the 1970 Council to decide. APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING AND AUTHORIZING AMENDMENT TO COOPERATION AGREEMENT By Alderman. Feldt: seconded by. Alderman Bangs �r WHEREAS, it is the policy of the City of Ithaca to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and. WHEREAS, .under the provisions of the United States Housing Act of 1937, as amended, hereinafter called the "Act", the Public Housing Administration is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out , preliminary planning of low-rent housing projects that will assist in meeting this goal;and W�iEREAS, the Act provides that there shall be local determination of need for low- rent. to meet needs not being adequately met by private enterprise and that the ,Public.Housing Administration shall hot make. any contract with a public housing agency 'for preliminary loans for surveys`dnd,planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing-agency for such preliminary loan; and WHEREAS, the Ithaca Housing Authority and the City of Ithaca. have heretofore entered, into a Cooperation Agrement dated August' 4, 1965, as amended July 6, 1966, providing for " the local, cooperation by the City of Ithaca required by the Public Housing Administration pursuant to said Act in connection with 300 units of„low-rent public housing and it is now desired to amend said Cooperation Agreement in order to. increase said amount by another 400 units or a total of 700 low-rent housing units; and WHERES, the Ithaca Housing Authority (herein called the "Local Authority") is a public ..housing .agency and is applying to the Public Housing Administration, for a_preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing, NOW,. THEREFORE, be it resolved by the Common Council of the City of Ithaca as follows: 1. There exists in the City of Ithaca a need for such additional low-rent housing at rents within the means of low-inccme. families; including elderly families and persons as, the same are. defined in the Act; 2,. . The application of the Local Authority to the Public Housing Administration for a preliminary. ].oan in an amount not to exceed $80,000.00 for surveys and planning in ,. connection with the said. additional low-rent housing projects of not to exceed approximately 400 dwelling units is hereby approved, 3, . That the Amendment to the Cooperation Agreement dated August 4, 1965, which Amend- ment increases the number of low-rent housing units covered thereby, by 400 units, is here- by, approved and accepted both as to form and substance and the proper officers of the City of Ithaca.are hereby authorized and directed to execute said Amendment on behalf of the City of Ithaca in as many copies as may be required and to impress and attest the official seal of the City of Ithaca on each of said counterparts of said Amendment. 4.. The said Amendment to Cooperation Agreement referred to in Section 3 hereof shall be, in' substantially the following form: AMENDMENT NO. 2 TO COOPERATIONi AGREEMENT THIS AGREEMENT, entered into this 5th day of November 1969, by and between the Ithaca Housing,,Authority (herein called the "Local Authority") , and City of Ithaca (herein called the "Municipality") ; WITNESSETH' WHEREAS, a certain Cooperation Agreement dated August 4, 1965, as amended July 6,, , .- 1966, has been entered into between the Local Authority and the Municipality; and WHEREAS, the Local Authority and the Municipality deem it desirable to amend the Cooperation Agreement; NOW THEREFORE, the Local Authority and the Municipality agree as follows : -5- November 5, 1969 1. Section 2 of said Cooperation Agrement is hereby amended by deleting the numeral 300 and substituting in lieu thereof the numeral 700. ' 2. The terms "Public Housing Administration" and "PHA" appearing in the Cooperation Agreement shall also mean the United States of America, Department of Housing and Urban Development, Housing Assistance Administration and HUD. 3. In all other respects, the Cooperation Agreement dated August 4, 1965, as amended July 6, 1966 shall remain in full force and effect. IN WITNESS WHEREOF, the Local Authority and the Municipality have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. ITHACA HOUSING AUTHORITY By: Chairman ATTEST: (Title) CITY OF ITHACA - By: Mayor ATTEST: City Clerk AYES: 14 NAYS:- 0 Carried and approved by the Mayor. The Clerk read a letter from Ithaca Housing Authority requesting final approval of the Council for its 220-unit public housing program at the Titus Flats and Hancock-Madison Street sites, Project NY54-1. He read a letter from the Planning Board indicating it had approved the project subject to the following conditions: 1. That in the Titus Flats portion of the project the freight elevator be so designed that it is not directly visible from the lobby. 2. In order to meet the Planning Board's objections with reference to spacing of the ' buildings and the privacy of the occupants the Council should instruct the Ithaca Housing Authority to have its Architect consult with the Planning Board with a view to resolving these minor site problems . After some discussion it was felt that the matter should be delayed until the Planning Board's objections had been satisfied. By Alderman Saccucci: seconded by Alderman Holland RESOLVED, that the matter be tabled until November 19th at which time it will be brought before the Council again for final action. Carried. BELLE SHERMAN PARK TRACT: Upon inquiry Mayor Kiely advised that final closing on purchase of the Belle Sherman Tract from the City School Board would take place as soon as possible after receipt of federal aid money for this purpose. HOUSING & URBAN RENEWAL: Alderman Slattery called attention to a recent four-page article in Time magazine on the subject of Housing & Urban Renewal and suggested members of the Council should read it. On motion the meeting was adjourned at 10:00 p.m. Geo. A. Blean, City Clerk Jack K. Kiely, Mayor f■ F , 2 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Feting 7:30 p.m. November 19, 1969 PRESENT: Mayor - Kiely Aldermen (13) - Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones, Nichols, Nordheimer, ABSENT: Spano, Rundle, Bangs, Holland, Slattery Alderman Anderson OTHERS PRESENT: Attorney - Barrett Urban Renewal Director - Daley Urban Renewal Chairman - Ceracche Controller - Russell Housing Authority Director - Armstrong Asst. Controller - Spano Housing Authority Chairman - Cunningham Clerk - Blean B.P.W. Commissioner - Smith Mayor-Elect - Johns Supt. of Public Works - Dingman Aldermen-Elect - Conley, Blanchard, Asst. to Supt. - Dougherty Robinson Mayor Kiely called the meeting to order and explained he had called this special meeting for the following purposes: 1) S.U.D.C. participation in Urban Renewal project area 2) Approval of Public Housing Project HY54-1 3) Approval of Bargaining Agents' Agreements for 1970 Mayor Kiely announced that he would adhere to the rules of procedure for a regular meeting by hearing persons who wished to be heard but asked that each speaker limit his remarks to five minutes. Mayor-Elect Johns wondered if the parking ramp structure proposed by S.U.D.C. was in the best interests of the City, if it was considered to be a profitable, losing or break-even proposition. He felt that these facts should be established as well as the rates to be charged, whether it stayed on the Tax Roll and whether or not Cornell was interested in the proposed development in the adjacent so-called Hotel block. David Saperstone called the proposal a "phony deal". He exhibited plans of his own dated in 1964 for a 3a-million dollar hotel complex. Aristotle Papayanakos challenged the Memo of Understanding with the S.U.D.C. signed by the Mayor, and felt it did not obligate the City. He felt the matter should be held in abeyance for further study. Dave Abbott charged that Mr. Saperstone never did file completed plans for his project with the Urban Renewal Agency as required by law, while Mr. Saperstone asserted he did. GREEN STREET PUBLIC PARKING FACILITY: Mr. Scott Carlson, Ithaca Project Director for N.Y.S. Urban Development Corp. , described the project. He was aided by Mr. Reidel and Mr. Amidoff who represented the architectural firm of Warner, Burns, Toane & Lunde. Their aim was to maintain the downtown tax base, prevent blight, and increase the sales volume not only in the hotel block, deemed the. most importsnt .rommercial;blgck. in,. the area,. but, in the entire downtown business area. Cost of the proposed parking structure to provide' 598'parkng' ' spaces was estimated at between 2.2 and 2.6 million dollars to be financed over not less than thirty years. He hoped the ramp would be open for use by December 1, 1970 in time to catch the Christmas shoppers . It was estimated that the City would suffer a loss in operation of the ramp in the first year but would begin to break even by the end of the third year. Mr. Carlson advised that these parking requirements are demanded by national tenants of the nearby hotel block and felt this was a viable proposal to meet these demands . In asking for the Council's approval he emphasized the fact that all understandings with national tenants were absolutely conditional upon having the parking available first and urged that the Council communicate forcefully its intentions to these tenants by acting favorably upon the proposal presented at this time. (A copy of estimated construction cost and projected income is attached to the minutes. A RESOLUTION OF THE CITY OF ITHACA AUTHORIZING CONVEYANCE OF TITLE TO THE NEW YORK STATE URBAN DEVELOPMENT CORP. OF REAL PROPERTY FORMERLY OWNED BY THE ITHACA URBAN RENEWAL AGENCY (FORMERLY A. C. STALLMAN AND CAYUGA MOTORS SALES CORP. PROPERTY) LOCATED IN BLOCK 204, CBNTER-ITHACA, PROJECT I, N.Y. R-112. By Alderman Rundle: seconded by Alderman Bangs WHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency heretofore entered into a Cooperation Agreement on July 8, 1965 relative to the reconstruction and renewz,,,. of .Center-Ithaca; and 226 -2- November 19, 1969 WHEREAS, the City of Ithaca, the Ithaca Urban Renewal Agency, and the United States of America entered into a Novation Agreement, dated December 23, 1965, relative to the Ithaca Urban Renewal Project known as Center-Ithaca, Project I, N.Y. R-112; and WHEREI'.S, the City of Ithaca has taken title to real properties formerly owned by A. C. Stallman, (Brock 204, Parcel 1 and known as 131-135 East Green Street) ; and formerly oimed by Cayuga Motors Sales Corp. (Block 204, Parcels 2 and 3, and known as 123-125 East Green Street and 127-129 East Green Street) by conveyance of said properties from the Ithaca Urban Renewal Agency to the City of Ithaca; and WHEREAS, the City of Ithaca and the New York State Urban Development Corp. have entered into a Memorandum of Understanding, dated April 9, 1969, concerning the delop- ment of a Tioga Street-Green Street Public Parking Facility-, NOW, THEREFORE, BE IT RESOLVED, that the Mayor be authorized on behalf of the°' City, of Ithaca, to execute the following agreement: SALE AND LEASE BACK AGREEMENT Agreement made the day of , 1969, between the City of Ithaca, a municipal corporation of the State of New York, having an office at 108 East Green Street, City of Ithaca, County of Tompkins, New York ("Seller") and the New York State Urban Development Corporation, a public benefit corporation of the State of New York, having an office at 666 Fifth Avenue, New York, New York ("Purchaser") . WITNESSETH: 1. Sale and Purchase of Property. Pursuant to Section 1 of the New York State Urban Development Corporation Act and in accordance with and subject to the terms and conditions of this Agreement, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase the property described in Schedule A: attached hereto.. (the "Property") . The sale shall include all of Seller's right, title and interest, if any, in and to any strips or gores of land adjoining the property. The sale shall also include an easement across East Green Street for the purpose of building connecting ramps between the parking structure to be erected on the property sold hereby, and the structure con- templated to be erected on Disposition Parcels 1 and 2 of Urban Renewal Project NY R-112 located directly across said East Green Street. Said easement to be over the entirety of the sidewalks and street bed of said East Green Street, beginning from a point 16 feet 6 inches above the curb lines of East Green Street. The area of easement being more particularly described in Schedule B attached hereto. - 2. Purchase Price of Property. The purchase price of the property is One Dollar payable upon the Closing referred to in section 3 by check or checks of Purchaser, or of Purchaser's designee or designees, payable to the order of the Seller, together with Purchaser's obligations in paragraph 9 hereof. 3. Closing; Deed. The Closing of the sale and purchase of the Property will take place at the office of the Purchaser, 666 Fifth Avenue, New York, New York at 10 A.M. on May 1, 1970 (the "Closing") or at such other place or sooner time designated by Purchaser. At the Closing the Seller will deliver the deed or deeds (the "Deeds") to Purchaser or Purchaser's designee or designees against payment of the purchase price. The Deeds shall be Warranty Deeds duly executed by Seller, in proper form for record- ing, prepared at Seller's expense, so as to convey to purchaser an insurable fee simple title to Property. At the Closing, Seller shall deliver to the Purchaser or such othc person or persons as the Purchaser shall request in writing, one or more deeds conveying the property in separate parcels in accordance with survey descriptions to be prepared by Purchaser at its expense. Each deed shall contain a lien clause in compliance with Section 13 of the Lien Law. 4. Objections to Title to Property. In the event that at the Closing conditions are disclosed which render Seller incapable of delivering title to the Property of the character and nature above described and such conditions constitute a matter subject to which the Purchaser is not obligated under the provisions of this Agreement to take title, then Seller shall have a reasonable time after receipt of written notice thereof within which to remove any objections to title raised by Purchaser, and, for that purpose, shall be entitled to adjourn the Closing from time to time for a period not exceeding 30 days thereafter. The Purchaser shall be entitled to like adjournments for such purpose, or may waive such objection and take such title as Seller can convey. Nothing herein contained shall require Seller to incur substantial expenses to render its title of such character and nature, except that this limitation shall not apply with respect to judgments againsi or lien arising out of the acts of Seller. S . Payment of Assessment. If, at the time of delivery of the Deed or Deeds, the premises or any part thereof shall be or shall have been affected by an assessment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement all the unpaid installments of any such assessments, including those which are to become due and payable after the delivery of the Deed or Deeds, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid or discharged by the Seller, upon the delivery of the Deed or Deeds. TIOGA-GREEM PARKING GARAGE 598 CARS (EXCLUDING ROTHSCHILD EXTE"JSION) COST PER SQUARE FOOT $8.00 $10.00 COMSTRUCTION 1 ,968,000 2,407,000 Cost Per Car 3,290 4,025 TOTAL FINANCING 2,158,000 2,634,00 Cost Per Car 3,608 4,404 NET PARKING REVENUE 204,000 204,000 DEBT SERVICE 169,0011 207,000 CASH FLO14 (Deficit) +35,000 (-3,000) REVENUE PROJECTIONS C TIOGA-GREED! PARKING GARAGE TRANSIENT PARKERS (548 spaces x 2.8 Turnover Rate x 305 Days x 411 Average Revenue Per Car=) $191 ,876 MONTHLY PARKERS (250 Spaces x $15.00 Month (50 Day, 200 Hotel=) $ 37,500 TOTAL GROSS PARKING REVENUE $229,376 OPERATING EXPENSES -$ 25,000 MET REVENUE BEFORE CARRYING COSTS $204,376 SCIIEDULF. A ALL TIIAT TRT�C,p OR Or in the Ci_t.y of Ithaca , Co>>nt-y of To--pkin:, an,] St_�)'-_-, of New York, more parti- cularly as fol_1.oa BEGINNING at the intersection of the west line of South Tioga Street with the south line of East Green Street in said City of Ithaca, running thence west along the south line of East Green Street 60.41 feet to a point; thence south parallel with the west line of South Tioga Street and along the east line of premises now or formerly owned by Cayuga Motors Sales Corporation, 210.48 feet to a point on the top of the creek face of a concrete wall running along Six Mile Creek; thence northeasterly along the outside of said wall 68 feet to its intersection with the extended west line of South Tioga Street; thence north along the west line of South Tioga Street and such line extended 178. 75 feet to the point or place of beginning. Together with any right, title and interest which the owner of said premises may have south from the above described premises to the center of Six Mile Creek and within the extended east and west line of said premises, subject to the rights of the City of Ithaca with reference to the im- provement of Six Mile Creek as set out in a deed from Driscoll Bros. & Co. ; et al, to said City of Ithaca by Right of Way dated August 8, 1906 and recorded January 31, 1907 in Liber 166 of Deeds at page 163. Together with the appurtenant es and all of the estate and rights of the owner in and to said premises, in- cluding any strips or gores of land between the boundaries of said premises hereinabove described and the recognized line � of occupancy. Being the same premises formerly owned by Arthur C. Stallman by Deed from 133 East Green Street Corp. dated July 30, 1956 and recorded in the Tompkins County Clerk' s Office in Liber 390 of Deeds at page 250. Being also the same premises conveyed to the City of Ithaca in a Condemnation Action entitled "City of Ithaca vs. Arthur C. Stallman, 131-135 East Green Street, Ithaca, New York and Ithaca Imports, Inc. , 131-135 East Green Street, Ithaca, New York" by Order of Hon. Joseph P. Molinari, at a Special Term of the Supreme Court held in and for the Sixth Judicial District at the Supreme Court Chambers in the City of Oneonta on May 31, 1967, said Order being dated June 23, 1967 and recorded June 30, 1967 in the Office of the Tompkins County Clerk. Being the same premises shown as Parcel 4131-135 East Green Street on a Survey Map entitled "Property Survey of Block in City of Ithaca, , N.Y. Bounded North by East Green Street, South by East Clinton Street, West by South Cayuga Street and Southeast by Six Mile Creek" made by Carl Crandall C.E. and dated May 20, 1966. - 1 - IJ' () r 71-41 i l Being also the same premises conveyed to the Ithaca Urban Renewal Agency by the City of Ithaca by deed dated August 29, 1967 and recorded in the Tompkins County Clerk' s Office on September 8, 1967. Being the same premises as conveyed to the City of Ithaca by the Ithaca Urban Renewal Agency by deed dated October 12, 1967 and recorded in the Tompkins County Clerk ' s Office in Liber 472 of Deeds at page 163. i I 2 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York more particularly bounded and described as follows : BEGINNING at a point in the south line of East Green Street, 60.41 feet west of its intersection with the west line of South Tioga Street being the northwest corner of premises formerly owned by Arthur C. Stallman; running thence westerly along the south line of East Green Street 135.43 feet to a point; thence south 285 feet to a point in the top of the creek face of a concrete wall along the north side of Six Mile Creek; thence northeasterly along the top of the creek face of a concrete wall along the northerly side of Six Mile Creek a distance of 155. 58 feet to a point said point being the southwest corner of the premises formerly owned by Arthur C. Stallman; thence northerly along the westerly line of said premises of Stallman 210.48 feet to the point or place of beginning. Together with any and all right, title and interest which the owner may have south from the above described premises to the center of Six Mile Creek and within the extended east and west line of said premises, subject to the rights of the City of Ithaca with reference to the improvement of Six Mile Creek as set out in a Deed from Driscoll Bros. and Co. et al to said City of Ithaca by Right of Way dated August 8, 1906 and recorded January 31, 1907 in Liber 166 of Deeds at page 163. Being the same premises formerly owned by Cayuga Motors Sales Corporation by Deed from Cayuga Motors Corporation dated March 5, 1963 and recorded on March 5, 1963 in Liber 433 of Deeds at page 982. Being also the same premises conveyed to the City of Ithaca in a Condemnation Action entitled "City of Ithaca vs. Cayuga Motors Sales Corporation, 125 East Green Street, Ithaca New York, Cayuga Motors Corporation, 125 East Green Street, Ithaca, New York and First National Bank and Trust Company of Ithaca" by Order of Hon. Joseph P. Molinari, at a Special Term of the Supreme Court held in and for the Sixth Judicial District at the Supreme Court Chambers in the City of Oneonta on May 31, 1967, said Order being dated June 23, 1967 and recorded June 30, 1967 in the Office of the Tompkins County Clerk. Together with the appurtenances and all of the estate and rights of the owner in and to said premises, including any strips and gores of land between the boundaries of said premises as hereinabove described and the recognized lines of occupancy. Being the same premises conveyed to the Ithaca Urban Renewal Agency by the City of Ithaca by Deed dated August 29, 1967 and recorded in the Tompkins County Clerk' s I Office September 6, 1967. Being the same premises conveyed to the City of Ithaca by Deed dated October 12, 1967 and recorded ' in the Tompkins County Clerk ' s Office in Liber 472 of Deeds at page 160. c _ 3 _ Being the same premises shown as Parcel 41-123-125 and 14127-129 East Green Street on a Survey Map entitled "Property Survey of Block in City of Ithaca, N.Y. Bounded North by East Green Street, South by East Clinton Street, West by South Cayuga Street and Southeast by Six Mile Creek" made by Carl Crandall, C.E. and dated May 20, 1966. i w. WSW ADVOMIDe + 1y, 199 6. Taxes. Seller represents that there are no taxes presently assessed against the property, and that there will be no taxes due at the time of closing. 7. Tenants . Seller represents that there is not now,nor shall there be at the Closing, any tenant or other occupant in possession of or having right of possession to the Property or any portion thereof under any lease or other agreement whether oral or in writing, allowing any tenant or other person to be in possession or have a right to possession. 8. Purchaser's Right to go on to the Property. Purchaser and Purchaser's designee or designees, at any time prior to the transfer of title, may enter upon the Property to make surveys, test borings, excavation and cores, other site improvements including earth movement and fill, and to do such other acts as may be desired by Purchaser with respect to the Property. 9. Lease Back. It is a condition of this transaction that upon the closing of title the Purchaser will develop or cause to be developed a multiple level parking facility for approximately 600 cars . The Purchaser shall grant to the Seller a lease of the entire premises and Seller shall execute such a lease as Tenant. The execution and delivery of such lease shall take place in the offices of the Seller on thirty days notice from the Purchaser when the improvements thereon are completed. The lease of said garage shall be at a total annual rental equal to Purchaser's carrying charges, which shall include interest and amortization of Purchaser's total development cost for such parking facility, plus a service charge of one half of one percent. The lease shall be a net lease and the rent shall be net to the Landlord in each year during the term of the lease and with all costs, expenses and obligations of every kind relating to the leased property which may arise or become due during the term of the lease being paid by the Tenant, and the Landlord shall be idemnified by the Tenant against such costs, expenses and obligations. The net rent shall be paid to the Landlord without notice or demand and without abatement deduction or setoff. The net rent shall be paid in equal quarterly installments on the first day of January, April, July and October, during the term of the lease. Said lease shall be for term of not less than thirty years . 10. Broker's Commissions. Purchaser warrants to Seller that it has not dealt with any broker in connection with the negotiations leading to this Agreement. 11. Notices . Any notice, demand or request, required or agreed to be given hereunder by either party, shall be sufficiently given or served if in writing, signed by the party giving it, and mailed by registered mail addressed to the party for whom it is intended as follows: (a) Seller: Mayor, City of Ithaca, Ithaca, New York or such other address as Seller may from time to time designate by notice. (b) Purchaser: Regional Director, New York State Urban Development Corporation, 150 State Street, Rochester, New York - or such other address as Purchaser may from time to time designate by notice. Service shall be complete upon such mailing except in case of a notice to change an address in which case service shall be complete when the notice is received by the addressee. 12. Definitions . The term "Purchaser" shall mean and include purchaser, purchaser and Purchaser's designee or designees and Purchaser's assignee or assignees . The term "total development cost shall mean all amounts expended by Purchaser in the development of the facility plus an additional amount of two percent of such expenditures, which additional amount the parties hereto recognize as compensating Purchaser for its indirect expense in the development of the facility. 13. Miscellaneous. This Agreement, including the attached Schedule constitutes the entire agreement between the parties relating to the transaction herein set forth and shall be binding upon and inure to the benefit of and be enforceable by the parties hereto, their successors and assigns . This Agreement may not be amended or terminated except by instrument in writing signed by both parties . The Seller's obligations contained in paragraph 9 herein shall survive the delivery of any deed or deeds . This Agreement shall be governed by the laws of the State of Jew York. Attest: City of Ithaca By Mayor Witness: Seller: New York State Urban Development Corporation Secretary President Approved: Approved: Comptroller of the State of New York Attorney General of the State of New York 228 -4- November 19, 1969 The Clerk read a letter from the Planning Board urging approval of the proposal as a catalyst for realizing our goals in the Urban Renewal project. He then read a letter from Tompkins County Taxpayers' Association opposing it until all the real true facts were put in writing by S.U.D.C. It felt it was a scheme which appeared to be of benefit to a few people and being detrimental to many, that the Mayor's Memorandum of Agreement with S.U.D.C. should not be binding on the new administration and therefore urged delay in approval until after January 1, 1970. During a discussion of the resolution Alderman Feldt asked that it be made clear whether or not Cornell University was involved in development of the hotel block and Mr. Carlson stated that Cornell did not have any involvement in it. A vote on the resolution was then taken which resulted as follows: AYES: 13 NAYS: 0 Unanimously carried. Due to the lengthy presentation and discussion Mayor Kiely declared a five-minute recess in the proceedings at the end of which he reconvened the meeting at 9:45 p.m. S.U.D.C. - OTHER PROJECTS: Mr. Carlson, with the aid of various architects, presented and reviewed the progress being made on five other projects or studies being conducted by S.U.D.C. throughout the City as follows: Housing Project on Elm Street Housing Project on Maple Avenue Rehabilitation of DeWitt Jr. High East Hill (Collegetown) Project Southwest Area Study Sketches, slides, cost estimates and other information regarding the studies involved in these various projects were presented and reviewed. v HOUSING PROJECT NY54-1: Alderman Jones reported the Planning Board had met with architects for Housing Project NY54-1 since the last meeting of this Council and that the architects had agreed to changes in the plans which would overcome the objections registered by the Board at that time. She exhibited sketches of the proposed building on both sites, reviewed the changes to which she referred, and announced that the Planning Board had now given its unqualified approval to the project. By Alderman Bangs: seconded by Alderman Slattery WHEREAS, the Ithaca Housing Authority is in the process of developing a project comprising approximately 220 units of federally-aided low-rent public housing and has prepared a Development Program outlining the Plan of development for said Project, known as Project No. NY54-1, located in the City of Ithaca, Aew York (hereinafter re- ferred to as the "Municipality") ; and WHL;REAS, the planning commission of the Municipality did on iovember 19, 1969 con- sider said Development Program and unqualifiedly approved same, which action was made known to this body; and WHEREAS, this Common Council has considered the Plan and Project as contained in the Development Program submitted by the Housing Authority, NOW, THEREFORE, I'i IS HEREBY RESOLVED by this Common Council in meeting assembled, that pursuant to the provisions of Section 150 of the Public dousing Law, the Plan, and Project for Project No. NY54-1 are hereby approved, and IT IS FURTHER RESOLVED, that the foregoing action be forwarded without delay to the Ithaca Housing Authority for its information; and BE IT FURTHER RESOLVED, that two certified copies of this resolution be forwarded to the Chairman of the Ithaca Housing Authority without delay. During a discussion it was established that the original garden-type buildings were dis- carded in favor of high rise buildings to make the project economically feasible, that the buildings on both sites must go together as one project or not at all, that in the evert the City fails to approve the project it will become liable for all costs thereon incurred to date. A target date for advertising for bids was set at February 1, 1970. z AYES: 13 NAYS: 0 Unanimously carried. T PARKING - OFF-STREET: With unanimous consent of those present the matter of making off- street parking available during the coming Christmas shopping season was brought up for discussion.. Alderman Rundle advised the Urban Renewal Agency had offered to make the vacant site on the corner of West Green and South Cayuga Streets available to the City for such purpose, that the Superintendent had estimated it could be rough graded for $2,000.00, and that members of the Finance Committee had expressed interest in the project. By Alderman Rundle: seconded by Alderman Slattery RESOLVED, that the Council approves the use of the aforesaid vacant site for off-street parking during the Christmas shopping season pending approval of the Board of Public Works . Carried. K 229 5- November 19, 1969 EXECUTIVE SESSIO1: By Alderman Bangs: seconded by Alderman i0rdheimer RESOLVED, that the Council declares an Executive Session at this time to near a report of the City's Negotiating Committee on its negotiations with the various City Bargaining Agents . Carried. On recommendation of the Negotiating Committee the following actions were taken first: By Alderman Spano: seconded by Alderman Holland RESOLVED, that the Common Council of the City of Ithaca does hereby recognize the Laborers International Union of North America, Local 589, as the sole and exclusive rep- resentative for and on behalf of the hourly employees of the City of Ithaca. Carried. By Alderman Spano: seconded by Alderman Holland RESOLVED, that the Common Council of the City of Ithaca does hereby recognize the Ithaca Paid Firefighters Association of the Fire Department of the City of Ithaca as the sole and exclusive representative and bargaining agent for and on behalf of the employees of the Fire Department of the City of Ithaca in the positions of firefighter, fire lieutenant, and fire alarm technician. Carried. By Alderman Spano: seconded by Alderman Tolles RESOLVED, that the Common Council of the City of Ithaca does hereby recognize the Police Benevolent Association of the Police Department of the City of Ithaca as the sole and f- exclusive representative and bargaining agent for and on behalf of the employees of the i.- Police Department of the City of Ithaca in the positions of Patrolman, Sergeant, Captain, Meter Maid, Radio Technician, and Parking Meter Serviceman. L Carried. BARGAINING AGENTS' AGREEMENTS: Mr. Russell,Chairman of the ivegotiating Committee, then reviewed the contracts for the year 1970 which had been negotiated with the following Bargaining Agents: Police Benevolent Association Paid Firefighters Association Tompkins Co. Chapter of Civil Service Employees Association Laborers ' International Union of North America, Local Union #589 He advised that after several sessions negotiations with CSEA had reached an impasse and that the contract has been finally agreed upon after a meeting with a PERB mediator. He indicated the other three contracts had been agreed upon through regular negotiations. During a lengthy discussion of the proposed contracts aldermen had an opportunity to ask questions and exchange their ideas with member of the Negotiating Committee, By Alderman Bangs: seconded by Alderman Spano RESOLVED, that the Executive Session of the Council be closed; and that the Council be reconvened in regular sessicn to act upon the contracts . Carried. The following action was then taken in regular session: By Alderman Spano: seconded by Alderman Nordheimer RESOLVED, that the agreements for the year 1970 with the following Bargaining Agents be approved as recommended by the City's Aegotiating Committee: Police Benevolent Association Paid Firefighters Association Tompkins Co. Chapter of Civil Service Employees Association Laborers' International Union of North America, Local Union #589 And, BE IT FURTHER RESOLVED, that the Mayor and City Clerk be authorized to sign and execute them on behalf of the City of Ithaca, under its corporate seal. Unanimously carried. Mr. Dingman, a member of the Negotiating Committee, called attention to the fact that some items in the various agreements appear to be in conflict with provisions of the City Charter. On his recommendation the Mayor referred the problem to the Charter & Ordinance Committee for examination and recommendation regarding any Charter changes that may be necessary. On motion the metting was adjourned at 11:45 p.m. r; o. A. Blean, City Clerk Ja K. Kiely, Mayor \ 230 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEV YORK Regular Meeting 7:30 p.m. December 3, 1969 PRESENT: Mayor - Kiely Aldermen (13) : Saccucci, Sullivan, Feldt, Tolles, Boronkay, Jones, Nichols, Nordheimer, ABSENT: Rundle, Spano, Bangs, Holland, Slattery Alderman Anderson OTHERS PRESENT: Attorney - Barrett Building Commr. - Jones Mayor-Elect - Johns Dep. Bldg. Commr. - Boda Alderman-Elect - Robinson Youth Bureau Dir. - Cutia Commr. of Pub. Works - Putney Controller - Russell Police Commr. - Withiam Asst. Controller - Spano Chief of Police - VanOstrand Clerk - Blean Planning Director - Kaspryzak Deputy Clerk - Grey The meeting was held in the Performing Arts Center at Ithaca College and televised by Station WICB-TV. All present stood and were led by Mayor Kiely in a pledge of allegiance to the American Flag and, at his request, remained standing a moment in silent prayer. POLICE COMMISSIONERS: Louis Withiam, Police Commissioner, reviewed effots made during the:., , past year in improving the morale and efficiency of the Police Department, brought about through salary increases, more effective recruiting programs, increased schooling and training programs and providing the department with a new building facility at 120 E. Clinton Street. He recommended the formation of a 3-man Board of Police Commissioners to replace the present Police Commissioner. By Alderman Sullivan: seconded by Alderman Jones RESOLVED, that the Commissioner's recommendation be referred to the Public Safety Committee for study and report. Carried. HEARING OF PERSONS: Mrs. Florence Rumph, President of Tompkins County Taxpayers Assn., appeared and protested the proposed increase in the Mayor's salary. She suggested the Ci consider the formation of a City-manager form of government which she predicted would replace the Mayor, Controller and Assistant Controller resulting in a considerable savir-, . in salaries. She also requested the Council to take positive action to earmark sales tax revenue for the reduction of real estate taxes. She referred to a rumor that action was contemplated to abolish the position of Secretary to the Civil Service Commission and objected strongly to any such action. David Saperstone protested the salary increase proposed for the Mayor. He felt the increased salary would not attract better people to seek the office. Hunna Johns, Mayor-Elect, protested the buying of land by the City located adjacent to the City line for park purposes . He felt the Town of Ithaca should be required to furnish some parks or contribute toward the cost of city parks . He objected also to the format of the Agenda and claimed it did not include sufficient information on the items included therein. ELMER STICKLER APPOINTMENT: The Clerk read letters from the Building Commissioner and the Superintendent recommending the appointment of Elmer Stickler to the position of Building Inspector at an annual salary of X6,487.00, effective December 7, 1969. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that Elmer Stickler be appointed to the position of Building Inspector at an annual salary of $6,487.00, the first merit increment step of Grade 29 in the Compensation Plan; that his appointment be provisional, that it become effective on December 7, 1969, and that the Civil Service Commission be requested to hold an examination for this position. Carried. ROBERT R. COLBERT RESIGNATION: The Clerk read a letter from Robert R. Colbert, dated December 3, 1969, tendering his resignation as a Commissioner of Public Works to become effective immediately. Mayor Kiely expressed his appreciation for Mr. Colbert's service to the City during his term of office and his regrets in accepting his resignation. He then announced his appointment of William S. Downing, Jr. as a member of the Board to succeed Mr. Colbert, for the term ending December 31, 1974, and requested the Council to approve his appointment. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Mayor's appointment of William S. Dawning, Jr. as a Commissioner of Public Works for the unexpired term ending December 31, 1974, caused by the resignation of Robert R. Colbert, be approved and confirmed. Carried. 231 December 3, 1969 N.Y.S. DEPT. OF TRANSPORTATION URBX4 ARTERIAL REPORT. The Clerk read a letter from the - Planning Board recommending that the Council request N.Y.S. Dept. of Transportation to develop an urban arterial report for Ithaca and Tompkins County. By Alderman Jones : seconded by Alderman Boronkay WHEREAS, there is an ever increasing need for improved traffic circulation particularly within and around the Ithaca Urban Area, and also in Tompkins County in general, and, WHEREAS, the existing highway systems are inadequate and tend to be hazardous because of the tremendous increase in motor traffic, and, WHEREAS, the extreme topography along the approach corridors of existing highways leading into the Ithaca area results in frequent catastrophic accidents, and, WHEREAS, only part of the arterial system needed in the Ithaca Urban Area has been completed, and, WHEREAS, the State Department of Transportation has offered to develop studies and prepare a supplementary urban arterials report for the Ithaca Urban Area and Tompkins County in general, and, WHEREAS, the Common Council of the City of Ithaca and the Board of Supervisors of the County of Tompkins have recognized the urgent need for development of a supplementary urban arterial system, and are acting jointly and cooperatively to petition the State Department of Transportation for assistance, and, WHEREAS, it is economically and practically unfeasible for the City, of Ithaca and the County of Tompkins to prepare a supplementary urban arterial report, and �.,. NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca, New York C, hereby requests the New York State Department of Transportation to develop a supplementary urban arterial report for the Ithaca Urban Area and Tompkins County with the understanding that the Common Council at this time does not commit itself to the exact location of streets, roads, and highways in the arterial system nor to any expenditures in the development of the report. Unanimously carried. ITHACA HOUSING AUTHORITY: The Clerk read a letter from the Housing Authority requesting ` approval of a salary increase for its employees for the year 1970 equal to 4% of existing salaries plus $400.00. By Alderman Saccucci: seconded by Alderman Tolles WHEREAS, the Ithaca Housing Authority by law in its efforts to maintain comparability with local public practice has accepted the City of Ithaca's Personnel Compensation Plan, and, WHEREAS, effective January lst, 1970, the City of Ithaca will grant to its employees an amount equal to four percent (4i) of existing salaries plus four hundred dollars ($400); BE IT THEREFORE RESOLVED, that this Common Council assembled also approve this cost of living increase to all employees of the Ithaca Housing Authority in accordance with Article 3, Section 32 (I) of the New York State Public Housing Law. Carried. ZONING MAP AMENDMENT - CYO PROPERTY: TheClerk read a letter from Ithaca, New York, Catholic Activities, Inc. , requesting the Council to amend the Zoning Map by changing its property bounded on the east by the Lehigh Valley Railroad, on the north by Newman Golf Course, on the west by a 33-foot lane runing north-south along other lands of, the City next east of Willow Avenue, and on the south by lands of Robinson. A change in zoning from the present P-1 to an R-3 zone was requested in order to permit its sale to Kabeth Properties, Inc. and permit the purchaser to build up to 100 town house multiple dwellings thereon as a "Turn-Key" project for Ithaca Housing Authority. Allan H. Treman, Attorney for the purchaser, appeared before the Council and urged approval of the requested zone change . He asked the Council to refer it to the Planning Board for its recommendation as required by provisions of the zoning ordinance. Alderman Jones advised that Planning Board had already received and reviewed the request, and that it did not approve the change in zoning requested for this area. Planning Director Kasprzak pointed out that in addition to recent action by the Planning Board to disapprove this request the Board had disapproved a similar request for this same area during 1968 and that the Council had accepted the Board's recommendation at that time and denied the requested zone change. By Alderman. Nordheimer: seconded by Alderman Slattery RESOLVED, that the request be referred to the Charter & Ordinance Committee for study with the understanding that it consult the Planning Board and report its findings thereon back to this Council for final action. AYES: 9 - Saccucci, Sullivan, Tolles, Boronkay, Nichols, Nordheimer, Spano, Holland, Slattery NAYS: 4 - Feldt, Jones, Rundle, Bangs. Carried. CITY ATTORNEY: Attorney Barrett felt the proposed salary for the City Attorney was not adequate and requested ancpportunity to discuss the matter with the Finance Committee and present his recommendations thereon before approval of the Executive Payroll for 1970. 3 -3- December 3, 1969 LOCAL LAWS: Alderman Feldt presented two proposed local laws - one to amend Section b of the Charter and the other to amend Section 17 thereof, He felt that adoption of the Charter for the County of Tompkins mandated these changes . Copies were distributed to each alder- man and a copy thereof is attached to the minutes . The proposed laws were received and laid on the table for action at a subsequent meeting. W. BUFFALO STREET RIGHTS-OF-WAY: Attorney Barrett requested approval of an offer to purchase the Arlington L. & Maude P. Culver property located at 1012-14 West State Street. He advised it was one of the properties in the block bounded by W. State, W. Buffalo and Brindley Streets needed for the extension of W. Buffalo to W. State Street, and that tht purchase price of $6,500.00 had been arrived at through negotiations with the owners. `' By Alderman Feldt: seconded by Alderman Sullivan RESOLVED, that the City Attorney's recommendation be approved; and that the purchase of the afore-mentioned Culver property be approved for the price of 4)6,500.00 in accordance with the terms of the signed purchase offer therefor on file with the City Attorney. Carried. V HOUSING BOARD OF REVIEW: Mayor Kiely advised that the terms of members of the Housing Board of Review had expired with the repeal of the Ithaca Housing Code and announced his reappointment of all members thereof under provisions of the Model Housing Code adopted to become effective October 1, 1969 as follows; Milton R. Shaw for term ending December 31, 1969 Hugh G. Slocum " " " December 31, 1969 Walter A. Macki " " If December 31, 1969 Tracy R. Jones " if December 31, 1970 Sheldon B. Stephenson for term ending December 31, 1971 BELLE SHERMAN - WOOD STREET PROPERTIES: Controller Russell reported that federal aid for the purchase of the Be-! a Sherman and Wood Street properties from the City School District should be received soon. By Alderman Tolles: seconded by Alderman Bangs RESOLVED, that the City of Ithaca agrees to purchase from the Ithaca City School District, those pieces of property described in the Federal and State approved applications as the Belle Sherman Property and the Wood Street Property, for the agreed price of $70,000 and $28,000 respectively, and that such acquisition be accomplished on or about December 15, 1969. Carried. d EXECUTIVE SALARY PAYROLL: Alderman Tolles presented and reviewed a proposed 1970 Compensa-` tion Plan for Department Heads and Assistants. He explained that it would provide an average increase for those included thereon of 10.3% as compared with salary increases ranging from 10.3% to 11.7% contained in the four Bargaining Agents' agreements approved by the Council on November 19th. He explained further that the proposed salary for the Mayor of $12,000.00 was for the year 1970 only and that the Finance Committee recommended it be approved at $15,000.00 for 1971. He advised the proposal had been approved unanimously by the Finance Committee and suggested that objections to any individual line items thereof be considered separately and possibly in executive session. Copies of the proposal were distributed to the aldermen at the beginning of this session. Alderman Rundle asked for delay in approval until December 10th to afford all members of the Council to study it. He was advised that preparation and presentation of the preliminary budget on December 10th was predicated on approval of the proposal at this time, Alderman Nordheimer objected to discussion of salaries for elected officials in executive session but did not object to discussion of other salaries in such a manner. By Alderman Bangs: seconded by Alderman Rundle RESOLVED, that final action .on the proposed 1970 Compensation Plan for Department Heads and Assistants be postponed until the end of this session at which time the Council will hold an Executive Session for a discussion of the proposal. AYES: 11 NAYS: 2 - Nordheimer, Tolles Carried. CODE AMENDMENT 6-1969: Alderman Feldt recommended amendment of Sec. 15-124 of the Code a of Ordinances as recommended by the Board of Public Works on October 8th. By Alderman Feldt: seconded by Alderman Jones BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15, Article V, Section 15-124, Alternate side all-night street parking prohibited, be amended by deleting it in its entirety and enacting a new section in place thereof to read as follows: Sec. 15-124. Alternate Side all-night street parking prohibited. The parking of vehicles is hereby prohibited between 2 a.m. and 6 a.m. on the odd numbered side of all city streets on the odd numbered days of the calendar month, and on �I R i I i } council, except as otherwise provided for, shall fix the maximum rate of compensation to be paid for performing the duties of each of said offices, which I maximum rate shall not be changed during the incumbency of the appointee next thereafter appointed thereto. The common council may also, prior to each of such appointments, prescribe the duties of such officers in addition to and not inconsistent with the duties prescribed by this act, except as otherwise pro- vided for; and subject to such provisions of the common council and to the provisions of this act, the mayor shall prescribe the duties and fix the rates of compensation of all officers appointed by him. Section 2. This act shall take effect immediately upon filing in the Office of the Secretary of State. Y L W z d U 6 fl6` 2 4 ~ a `a a z a z a E w rc IL O m W U 6 LL O Q J 1 _I i 4� 0"�t®n. :°-�`•"rai�diiiriYo•+w1,wi+L.� ,..:a�C::.�.ss. ".s.arc w,e�:ae,"'�l n ...xc,; , a:,. ,,.:x ..•.a.ear`�,ai,arw`d=v'x z .,,. e..... ,.r :r._,.,.,.-s..,s.,ro .aw;. . jj LOCAL LAW NO. 1969 iA Local Law amending Section(�, of Chapter 503 of the Laws of 3.908 of the State of New York, being the Charter of the City of Ithaca, (Sec. ,i 2-1 as presently informally codified), to eliminate reference to supervisors as city officers in conformance with the abolition of the office by the new Charter of the County of Tompkins. i i BE IT ENACTED by the Common Council of the City of Ithaca, i New York, as follows: I I ! Section 1. Section 4 of Chapter 503 of the Laws of 1908 of Y the State of New York, entitled An Act to Consolidate and Revise the Several 0 } >. Acts Relative to the City of Ithaca, and Acts amendatory thereof, is hereby u a amended to read and provide as follows: �. The officers of said city shall be m as follows: A mayor and a city judge to be elected on a general ticket by the J 0 qualified voters of the city; two aldermen, except as provided in Section 14 3 r herein, a el rrfsor from each ward, to be elected by the qualified 0 voters of the city residing in each ward, respectively; a city attorney, a city 4 0 prosecutor, a city chamberlain, an assessor, a deputy assessor, two associat assessors, a city controller, a city clerk, a deputy city clerk, six commis- i sioners of public works, three fire commissioners, a commissioner of building , I I� a police commissioner, such members of the police force, general and special and such constables as in the judgment of the common council may be deemed necessary, and such officers as are hereinafter, or by the general laws of the state, authorized and provided, all of whom shall be appointed by the mayor, III except as otherwise herein or by said general laws rovided p The same perso I may be so appointed to hold one or more of said offices at the same time. , i� Superintendent of public works shall also be an officer of the city and shall be appointed by the board of public works, hereinafter provided. Before any t>��ry(5n shall be so i-1ppointed to one, or more of said offices, the common ii Rr•.,;,ar. . s+:.:�,s ,:Jiiuhf as „a.a, xti'w.�. .:a=if,u.ca.,ny'v r,... a .:,r^ '.a« ud@. 'i::.< "'6'., ,,, .. - .. ..,. � r !' LOCAL LAW NO. 1969 A Local Law amending Section 17, of Chapter 503 of the Laws of 1908 of the State of New York, being the Charter of the City of Ithaca, (Sec. 2-13 as presently informally codified), to eliminate reference to super- visors as city officers in conformance with the abolition of the office by the I i new Charter of the County of Tompkins. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1 . Section 17, of Chapter 503 of the Laws of 1908 of the State of New York, entitled An Act to Consolidate and Revise the Several Y J Acts Relative to the City of Ithaca, and Acts amendatory thereof, is hereby a x repealed. j Section 2. This act shall take effect immediately upon filing in 0 d the Office of the Secretary of State. z 4 0 IA U U pr LL LL Q 3 5 1 l l I I u M 2 3 -4- December 3, 1969 the even numbered side of all city streets on the even numbered days of the calendar month. This section shall not apply to those designated streets in the following Schedule A and Schedule B: SCHEDULE A Under this schedule it shall be unlawful for a person to park a vehicle for a period of time longer than twenty--four consecutive hours on the following streets : Parking permitted on: Between: Elm Street #119 to #219 Geneva Street Buffalo St. to 250' North Geneva Street Court to Cascadilla W. Spencer Street Cayuga to Albany Edgemore Lane j Heights Court Highland give. to 300' East i Highland Avenue Thurston to Roberts Place �. Sears Street South Avenue Campus Road to West Avenue Willard Way Central block Columbia Street Aurora to Hudson Giles Street Hudson St. to 400' S.L. of Columbia Maplewood Grove Place Wcst Side -- entire length Grandview Avenue Aurora to Grandview Court Hillview Place Aurora to Turner Pleasant Street CC Hudson Street South Aurora to Giles Street Prospect Street Aurora to Hudson E. Spencer Street L.7 Turner Place Spencer St. to Hillview Place Brandon Place Bryant Avenue Dryden Road to Harvard Place Dryden Road Maplewood Grove to Ithaca Road Dunmore Place Elmwood Avenue Oak to Mitchell Ferris Place Harvard Place Linden Avenue Quarry Street State tD Buffalo South Titus Avenue Cayuga to Plain SCHEDULE B: Wyckoff Ave. Dearborn to Highland Under this schedule "All light Parking" between 2 a.m. and b a.m, shall be permitted on the following streets: Turner Place 500 Block Cayuga Street South Hill Terrace to Spencer Street South Hill Terrace Effective upon publication. AYES: 13 NAYS: 0 Carried and approved by Mayor. BUSES: Controller Russell presented an agreement regarding the City's purchase of new buses which he advised should be approved as required by the Urban Mass Transportation Act of 1964, as amended. Copy of agreement attached to minutes . By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the attached agreement be approved; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City of Ithaca, under its corprate seal. Carried. ADDITIONAL APPROPRIATIOIdS: By Alderman Tolles: seconded by Alderman Jones RESOLVED, that the sum of $2,000.00 be and it hereby is appropriated from Contingent Fund, Account #A290-650, to Current Appropriations, budget account #212, Off-street Parking, to finance the cost of rough-grading the Urban Renewal lot on the corner of West Green and South Cayuga Streets to provide additional off-street parking during the Christmas shop- ping season. AYES: 13 NAYS: 0 Carried and approved. By Alderman Tolles: seconded by Alderman Boronkay RESOLVED, that the sum of $2,000.00 be an it hereby is appropriated from the Contingent Fund,account A290-650, to Current Appropriations, budget account #A109, Traffic Control, to finance the cost of replacing a pole and traffic controller destroyed in a recent accident. AYES: 13 NAYS: 0 Carried and approved. 234 -5- December 3, 1969 SALE OF PROPERTY TO SCHOOL DISTRICT: By Alderman Tolles : seconded by Alderman Bangs PESOLVED, that the Council hereby authorizes the sale of the city-owned lot of approximately 1.28 acres, located at the corner of ii. Cayuga Street and Lake Street, to the Ithaca City School District for the sum of $12,250,00, and that such sale be accomplished on or about December 15, 1969, Carried. AUDIT: By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $9,108.80 in the General Fund and 4;499.50 in Special Funds, as listed on audit abstract ##12-1969,, be approved for payment. Carried. LOCAL LAWS: Alderman Feldt presented copies of two Local Laws - one amending Sec. 219-b of the City Charter and the other amending Sec. 219-c. He felt these changes were nec- essary to agree with provisions covering sick leave and vacations contained in the Bargaining Agents ' agreements approved by Council on November 19th. The Clerk was directed to mail copies of both local laws to each alderman for study and adoption at a subsequent meeting. Copy of both attached to the minutes . They were received and laid on the table. CODE P1.MD1,1ENT 7-1969: Alderman Feldt presented and recommended adoption of an amendment to Sec, 2-10 of the Code of Ordinances regarding mileage allowances for the same reasons. By Alderman Feldt: seconded by Alderman Bangs BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 2, Article 1, Section 2-10 of the Code of Ordinances, mileage allowances for city employees, be deleted in its entirety and that a new section be enacted in place thereof to read as follows : Section 2.10. Mileage allowances for city employees . Mileage allowances for city employees shall be established in accordance with the terms specified in formal agreements reached between city officials, appointed as a negotiating committee, and the representatives of the several recognized bargaining agents or unions for city employees, subject to Common Council approval of these agreements . Effective upon publication. AYES: 13 NAYS: 0 Carried and approved by Mayor. SPECIAL MEETINGS: By Alderman Tolles: seconded by Alderman Spano RESOLVED, that special meetings of this Council be held on December 10th for presentation_ of the preliminary budgets for 1970 and on December 17th for adoption of the tentative -> ' budgets for 1970, Carried. BIBBINS HALL: Alderman Sullivan reported that final plans for dedication of Bibbins Hall had been prepared. He advised the building would be dedicated with appropriate ceremonies at 1:00 p.m. on Saturday, December 13th, and open house from 1:00 to 5:00 p.m. on both Saturday, December 13th, and Sunday, December 14th, GENEVA STREET STORM SEWER: Alderman Nordheimer reported the board of Public Works had requested the Council to establish a capital fund of y1,500.00 in the 1970 budget for the construction of a storm sewer on S. Geneva Street to serve the l�icGraw Housing Project. By Alderman Nordheimer: seconded by Alderman Saccucci RESOLVED, that the Council hereby approves the inclusion of $1,500.00 in the 1970 capital budget for 1970 as requested by the Board of Public Works . Carried. U.S. NAVAL RESERVE TRAIVING GENTER: Alderman Slattery called attention to the fact that the U.S.N.R. Training Center facility on N. Cayuga Street Ext, was destined to become the property of the City at the end of December 1969. In view of this he advised that the Youth Bureau had petitioned the Council for use of this building as a Youth Center. By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the matter be referred to the Youth bureau Director and Suprintendent of Public Works for a joint study of the best use for this building with a request that their recommendation be given to the Council at its next meeting. Carried. It was pointed out that the property in question was located in the Town of Ithaca and that it would be desirable to have it in the City, By Alderman Slattery:seconded by Alderman Holland RESOLVED, that the Mayor be authorized to petition the Town of Ithaca to have this property annexed to the City of Ithaca. Carried. AGREEMENT PURSUANT TO SECTION 13 (c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. This agreement is made and entered this 3rd day of December , 1969, by and between the City of Ithaca, New York ("City" ) , and Local Division 201 of the Amalganrited Tran- sit Union AFL-CIO ("Union") . WITNESSETH: WHEREAS, the City has filed an application under the Urban Mass Transportation Act of 1964, as amended ("Act" ) , to fin- ance the purchase of two 33-passenger buses and one 19-passenger bus, as more fully described in the project application ("Project" ) ; and ' WHEREAS, the capital improvements comprising the Project will be owned by the City and used by the city-owned community transit system in the provision of mass transportation service in the Ithaca urban area; and WHEREAS, the employees of the transit system are repre- sented by the Union; and WHEREAS, Sections 3 (c) 4 and 13 (c) of the Act require that fair and equitable arrangements , as determined by the Secretary of Labor, be made to "to protect the interests of employees affected" ; and WHEREAS, the following employee protective arrangements have been agreed upon by the City and the Union as fair and equit- able; - � NOW, THEREFORE, it is agreed that in the event this Project is approved for assistance under the Act, the following terms and conditions shall apply: (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect employees represented by the Union. (2) All rights, privileges and benefits (including pen- sion rights and benefits) of employees represented by the Union (including employees having already retired) under existing col- lective bargaining agreements or otherwise, shall be preserved and continued. (3) The collective bargaining rights of employees repre- sented by the Union, including the right to arbitrate labor dis- putes, to maintain union security and checkoff arrangements, as provided by applicable laws, policies and/or existinq collective bargai_ni_nq ,3liall_ be preserved and coiiti.nued. The City agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects of collective bargaining which are, or may be, proper subjects of collective bargaining with a private employer. (4) No employee shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to com- pensation, hours , working conditions, fringe benefits , or rights and privileges pertaining thereto, at anv time during his employ- ment as a result of the Project, including any program of effic- iencies or economies directly or indirectly related thereto . An employee shall not be regarded as deprived of employment or other- wise placed in a worse employment po�ii_ti.on a:, abovc provided, in case of his resignat.i_on, deatli, r.et:i_rement, eli_am i ,:;<al_ 1 or cause in accordance; with appl_ i.cable ag.recmenL. , , or fai btro t:.o worl� due to discl)ili_ty or di-scipl_ne or fai_1 .i.re to obtain a po:,i.ti.on avail- able to him in the exercise of his seniority rights in accordance _. with applicable agreements . The City shall have the burden of affirmatively establishing that any deprivation of employment or other worsening of employment position has not been a result of the Project. (5) Any employee represented by the Union who has been terminated or laid off for lack of work shall be .7ranted priori_'..\- of employment or reemployment to fill any vacant position on the transit system for which he is, or by training or re-training can become, qualified. In the event training or re-training is re- quired by such employment or reemployment, the City shall provide or provide for such training or re-training at no cost to the employee, and such employee shall be paid, while training or re- training, the salary or hourly rate of his .former job classifica- tion, or that of the classification for which he is training, whichever is higher. (6) Any dispute or controversy arising between anl- em- ployee and the City or between the Union and the City regarding the application, interpretation, or enforcement of any of the pro- visions of this agreement which cannot be settled by the Union i and the City within thirty (30) days after the dispute or con- troversy first arises , may be submitted at the written request of either the Union or the City to a board of arbitration as here- inafter provided. Each party shall, within ten (10) days , select one member of the arbitration board, and the two members thus chosen shall select a third member who shall serve as chairman. Should the two members be unable to agree upon the appointment of the neutral member within ten (10) days, either party ma- re- quest the American Arbitration Association to furnish a list of five (5) persons from which the neutral member shall be selected. The parties shall, within five (5) days after receipt of such list, determine by lot the order of elimination, and thereafter each shall in that order alternately eliminate one name unt=il only one name remains . The remaining person on the list shall_ be the neutral member. The decision by majority vote of the arbitration board shall be final, binding and conclusive, and shall be ren- dered within forty-five (45) days from the date the neutral member is appointed if possible. Each party shall pay the fees and expenses of the arbitrator it selects . The fees and expenses of the third and impartial arbitrator, as well as any other -joint expenses incidental to the arbitration, shall be borne equally by the parties . Nothing in this section shall be construed to enlarge or limit the right of either party to utilize, upon the expiration of any collective bargaining agreement or otherwise, any economic measures that are not inconsistent or in conflict with applicable law; nor shall this section be construed to require the Union or the employees represented by the Union to arbitrate anv labor dis- 2 - pute whether or not they have the right, for the purpose of re- solving uch dispute, to engage in a concerted refusal to work. (7) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of any arrangements made by the City to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the transit system, shall be bound by the terms of this agreement and accept _ the responsibility for full performance of these terms . (8) All employees represented by the Union shall continue to be employed on the transit system by any successor-employer in the management and operation of the system, and the employment and seniority rights of all such employees shall be maintained and con- tinued in accordance with the seniority rosters in effect on the date of acquisition of the system by the successor-employer. All persons employed under the provisions of this paragraph shall be appointed to comparable positions on the transit system without examination, and such employees shall be credited with their years of service for purposes of sick leave, seniority, vacations and pensions in accordance with City records and applicable collec- tive bargaining agreements . The successor-employer shall assume, or arrange for the assumption of, the obligations of the City with regard to wages, salaries, hours, working conditions, sick leave, health and welfare, and pension or retirement provisions for employees . No employee of the City shall suffer any worsening of his wages, seniority, pension, sick leave, vacation, health and welfare insurance, or any other benefits by reason of his transfer to a position with the successor-employer. i (9) Nothing in this agreement shall be construed as an undertaking by the City, Union, or the employees to forego any r_i_ghts or benefits under any other agreement or under any provision of law. (10) The phrase "as a result of the Project" shall, when used in this agreement, include events occurring in anticipation of, during and subsequent to the Project. (11) In the event any provision of this agreement is held to be invalid or otherwise unenforceable under Federal, State or local law, such provision shall be re-negotiated for pur- pose of adequate replacement under Section 13 (c) of the Act. If such negotiation shall not result in mutually satisfactory agree- ment, either party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee pro- tective arrangements which shall be incorporate in this agree- ment. (12) In the event this Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance between te Federal Government and the applicant for Federal funds, provided, however, that this agreement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties hereto, in accordance with its terms . (13) The City agrees that upon the expiration, termina- 3 - Lion, or reopenar of any collecLive bamaininq mrcoment batweOn the Union and any public employer of the employees as oppraLor of the transit system, the employees shall, in the case of anv labor dispute, have the right for the purpose of resolving such dispute, to engage in a concerted refusal to work or any other economic measures that are not inconsistent or in conflict with anplicable law, or, to submit such dispute to final and binding arbitration by a board of arbitration under paragraph (6) of this aireement . The term " labor dispute" , for the purposes OF this PaMlraPh, shall be broadly consLruod and shall include, but POk hP limited to, any controversy concerning wales, salari0q , hours , w0uhinJ conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions , any differences or questions that may arise between the parties, including the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, any grievances that may arise, and any controversy arising out of or by virtue of any of the provisions of this agreement for the protection of employees affected by the Project. IN WITNESS WHEREOF, the parties hereto have executed this agreemenh by their respective duly authorized representatives this 8th day of December 1 1969. ATTEST: CITY OF ITHACA, NEW YORK B City Clerk Mayor LOCAL DIVISION 201 AMALGAMATED TRANSIT UNION By 4 i LOCAL LAW NO. 1969 A Local Law amending Section 219b, of Chapter 503 of the laws of 1908 of the State of New York, being the Charter of the City of Ithaca, (Section 8-15 as presently codified) , to make the sick leave benefits for city employees subject to negotiated agreements between representatives of city employees and representatives of city government. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Section 219b of Chapter 503 of the Laws of 1908 of the State of New York is hereby repealed. Section 2. Section 219b of Chapter 503 of the Laws of 1908 of the State of New York is hereby amended to read as follows: Section 219b. Sick leave for officers and employees. (1) Sick leave and accumulation of unused benefits Sick leave benefits for all city employees shall be granted and accumulated in accordance with the terms specified in formal agreements reached between city officials appointed as a negotiating committee and the representatives of the several recognized bargaining agents of unions for city employees, subject to Common Council approval of t these agreements . (2) Administration (a) Records. It shall be the duty of the administration head of each department to keep an accurate record of all sick leave accumulations in such form as the Common Council may prescribe. (b) Aotification. Any officer or employee who is unable to report for duty be- cause of illness or physical disability shall immediately notify his department head of that fact and shall state the nature of his illness or disability and the name of the attending physician, if any; when the officer or employee is unable so to report, a responsible person may make the report in his behalf. In the absence of such a report, unless waived by the department head for good cause, time lost shall not be considered sick leave and such employee shall receive no compensation therefor. (c) Certificates of Disability. So continuous sick leave exceeding three days shall be allowed except upon the certification of a physician to be filed with the department head not later than the fourth day, stating the nature of the illness and probable period of disability. The department head may require such certificate in any other case. (d) False Representations. Any false representation made by any officer or employee in connection with a claim for sick leave benefits shall be deemed a just cause for disciplinary proceedings under the Civil Service Law and Rules, and in addition to other penalties such portion of his accumulated sick benefits as may be deemed proper may be cancelled. 4 (3) Exceptions . !' An employee or officer who suffers injuries in the course of his employment and _ who is entitled to benefits under provisions of the Workmen's Compensation Law may elect to use sick leave benefits which shall have been accumulated to his credit, pursuant to formal agreements reached between employer and employee bargaining agents, during the period of his disability, which benefits shall be charged against his accumulated sick leave. If he elects to do so the amount of any award made to him by the Workmen's Compensation Board, during a period for which he shall have received sick leave benefits, shall be paid to the City of Ithaca. Payments made to the City under the provisions of this law shall be credited to whatever fund the sick leave benefits shall have been paid from. - 2 - (4) Authority of Common Council. The Common Council shall have power, by resolution, to adopt additional regulations, not inconsistent herewith, governing sick leaves and sick leave procedure. (5) The term "year" as used herein shall mean calendar year. Section 3. This Act shall take effect upon filing in the office of the Secretary of State of the State of New York. LOCAL LAW N0. 1969 A Local Law amending Section 219c of Chapter 503 of the Laws of 1908 of the State of New York, being the Charter of the City of Ithaca, (Section 8-16 as presently codified) , to make vacation benefits for City employees subject to negotiated agreements between I representatives of City employees and City government. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Section 219c of Chapter 503 of the Laws of 1908 of the State of New York is hereby repealed. Section 2. Section 219c of Chapter 503 of the Laws of 1908 of the State of New York is hereby amended to read as follows: Section 219c. Vacations for certain employees. (1) Definitions. The term "City employee" shall include all employees of the City except elected officials, members of the various City Boards and Commissions, and seasonal, temporary or per diem employees. (2) Vacations . Vacation benefits for all City employees shall be granted and accumulated in accordance with the terms specified in formal agreements reached between City officials appointed as a negotiating committee and the representatives of the several recognized bargaining agents or unions for City employees, subject to Common Council approval of these agreements. Section 3. This Act shall take effect upon filing in the Office of the Secretary of State of the State of New York. 23 PAY -6- December 3, 1969 PETITION - SECRETARY OF CIVIL SERVICE COi,llviISSlOiu: Alderman Bundle pi esen+ea cind read a joint petition from the Civil Service Employees' Assn. and the Laborers' Union, Local #569, expressing their opposition to the contemplated abolishment of the position of Secretary to the Ithaca Civil Service Commission and turning over the functions of this office to Tompkins County. Mayor Kiely advised no such action was contemplated and therefore no action needed to be taken on the petition at this time. CONi1IITTEE OId FUNCTIONS: Pursuant to the unanimous recommendation of representatives of the Ithaca City Council and the Tompkins County Board of Supervisors at their joint meeting held on November 21, 1969, the following action was taken: By Alderman Tolles: seconded by Alderman Spano BE IT RESOLVED BY THE ITHACA CITY COUNCIL, THAT: 1. The hereto existing City-County Cooperation Committee shall be replaced by an interim, joint committee on County Government Functions, hereunder designated as the Committee on Functions , and, that 2. The duty of the Committee on Functions shall be to consider and report to the Ithaca City Council and Tompkins County Board of Representatives such changes in the allocation of responsibility and such changes in financial support of activities to fulfill such reallocated responsibilities as the aforesaid Commitee may recommend for the purpose of improving government services and/or reducing total community costs, and, that 3. The term of service of the Committee on Functions shall be the calendar year, 1970, subject to such extension or extensions of this term as may be mutually agreeable to a majority of both the City Council and the County Board of Representatives, and, that 4. The members of the Committee on Functions shall consist of three (3) Ithaca City aldermen who are and may continue to be aldermen during the term of service of that Committee, together with a number of County Representatives. The City members of the aforesaid Committee shall be appointed by the Iviayor of Ithaca, subject to approval of the majority of the entire Ithaca City Council, and, that 5 . The Committee on Functions may avail itself of the services of any person or persons for such duties and for such periods of time as a majority of that Committee may decide, but no such additional person shall have a vote on any Committee action, and,that 6. The Mayor of Ithaca is hereby requested to appoint, at his earliest convenience, the City aldermen who will serve on the Committee on Functions. Carried. -- Mayor Kiely appointed Aldermen Slattery, Jones and Feldt to such a "Committee on Functions" and it was moved by Alderman Nordheimer, seconded by Alderman Spano and carried that the Mayor's appointments be approved. uw SCHOOL CROSSING GUARD: Alderman Feldt felt the need of an additional school crossing guard to serve on Cornell Street, between Valley Road and Mitchell Street, also the need of a stop sign at the Valley Road-Cornell Street intersection. His suggestions were referred to the Public Safety and Public Works & County Relations Committees for consideration. JEROME HOLLAND: Alderman Holland noted that this would be the last regular meeting of the Council for him to attend during his term of office and expressed his appreciation for the opportunity afforded him to serve as an Alderman. He felt it was a rewarding experience for him. TOUR: Alderman Saccucci commended the Superintendent of Public Works for his outstanding performance to aldermen and others who participated in the tour of projects on November 15. He felt the tour was very fruitful. TELEVISION: Alderman Nordheimer noted that this was the last regular meeting of the Council being televised. By Alderman Nordheimer: seconded by Alderman Slattery RESOLVED, that this Council hereby expresses its sincere thanks to the staff and members of Station WICB-TV for their excellent performance in televising meetings of the Council during the past year which resulted in bringing actions of the Council live to the viewing public. Carried. Mayor Kiely declared a 15-minute recess in the proceeding at 10:10 p.m. at the end of which e announced the Council would reconvene in Executive Session to discuss the Executive ayroll as authorized by resolution of the Council. 61 0 December 3, 1969 EXECUTIVE SESSIOTu: Attorney Barrett made a plea for an increase in the salary of the City Attorney and left the meting. All line items in the proposed compensation plan for those included on the Executive Payroll were discussed at length during the executive session. It was recognized that the salary of any elected official may not be changed during his term of office and therefore the Iiayor's salary had to be fixed not only for 1970 but 1971 also. After having agreed upon six specific line item amendments several alternate salary proposals for the Mayor were considered. Final action resulted in its being moved, seconded and carried that the Mayor's salary be fixed and determined at $12,,000.00 per annum for the years 1970 and 1971. At this point Mayor Kiely closed the Executive Session, reconvened the Council in regular session, and action was taken to approve an amended compensation plan for those included on the Executive Payroll as follows: . By Alderman Tolles: seconded by Alderman Feldt RESOLVED, that the 1970 Compensation Plan for Department Heads and Assistants as recommended by the Finance Committee be amended and approved to read as follows : 1970 COiviPENSATION PLtuy DEPj:RT1,,i idT HEt,DS AND ASSISTANTS Proposed •- 1970 Amended - 1970 NAME POSITION Grade Step Salary Grade Step Salary Hunna Johns Mayor 12,000 12,000 John L. Russell Controller 53 6 20,232 53 5 19,454 Joseph A. Spano Asst. Controller 43 M 10,802 43 M 10,802 George A. Blean City Clerk 42 7 13,668 43 7 14,215 John D. Wright Chamberlain 41 3 11,234 42 3 11,683 Robert 0. Dingman Superintendent 53 6 20,232 53 5 19,454 Vincent P. Hannan Asst. Supt. 46 6 15,375 46 6 15,375 Jack Dougherty Asst. to Supt. 45 3 13,142 45 3 13,142 Howard Schlieder Engineer 48 2 14,215 48 2 14,215 Edison Jones Bldg. Comm. 8,878 38 M 8,878 Gregory Kasprzak Planning Dir. 45 2 12,637 45 2 12,637 Robert Cutia Youth Bur. Dir. 43 4 12,637 43 4 12,637 Herbert VanOstrand Police Chief 43 6 13,668 43 6 13,668 James Herson Dep. Pol. Chief 41 7 13,142 41 7 13,142 Charles Weaver Fire Chief 43 7 14,215 43 7 14,215 Lawrence Beach Asst. Fire Chief 40 7 12,637 40 7 12,637 Phineas K. Reeves Asst. Fire Chief 40 M 9,603 40 M 9,603 Charles Tuckerman Asst. Fire Chief 40 M 9,603 40 M 9,603 Edward Lynch Parks Supv. 38 7 11,683 39 7 12,151 Paul Fidler Str. & San. Supv. 38 9 12,637 38 9 12,637 James J. Clynes City Judge 10,600 10,600 Fred Weinstein City Attorney 7,500 8,500 City Prosecutor 7,500 7,500 AYES: 12 NAYS: 1 - Aordheimer Carried. On motion the meeting was adjourned at 11:45 p.m. Geo. A. Blean, City Clerk Jack K. Kiely, Mayor 1970 COMPENSATION PLAY DEPARTMENT HEADS AND ASSISTANTS NA14E POSITION 1969 Proposed 1970 Grade Step Salary Grade Step Salary Hunna Johns Mayor 8,000 12,000 John L. Russell Controller 52 3 17,295 53 6 20,232 Joseph A. Spano Asst. Controller 41 I'll 9,987 43 M 10,802 George A. Blean City Clerk 40 7 12,637 42 7 13,668 John D. Wright Chamberlain 39 3 10,387 41 3 11,234 Robert 0. Dingman Superintendent 53 3 17,987 53 6 20,232 f Vincent P. Hannan Asst. Supt. 44 6 141,215 46 6 15,375 Jack Dougherty Asst. to Supt. 43 3 12,151 45 3 13,142 Howard Schlieder Engineer 46 2 13,142 48 2 14,215 Edison Jones Bldg. Comm. 8,208 8,878 Gregory Kasprzak Planning Dir, 43 2 11,683 45 2 122637 Robert Cutia Youth .Bur. Dir. 41 4 11,683 43 4 12,637 Herbert VanOstrand Police Chief 41 6 12,637 43 6 13,668 James Herson Dep. Pol. Chief 39 7 12,151 41 7 13,142 Charles Weaver Fire Chief 41 7 13,142 43 7 14,215 Lawrence Beach Asst. Fire Chief 38 7 11,683 40 7 12,637 Phineas K. Reeves Asst. Fire Chief 38 M 8,878 40 M 9,603 Charles Tuckerman Asst. Fire Chief 38 M 83,878 40 M 9,603 f Edward Lynch Parks Supv. 36 7 10,802 38 7 11,683 C Paul Fidler Str. & San. Supv.36 9 11,683 38 9 12,637 James J. Clynes City Judge 9,500 10,600 Fred Weinstein City Attorney 7,500 7,500 City Prosecutor 6,500 7,500 2 COMMON COLtUCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. December 10, 1969 PRESENT: Mayor - Kiely Aldermen (12) - Sullivan, Tolles, Boronkay, Jones, Nichols, Nordheimeri Spano, Rundle, Bangs, Holland, Slattery, Saccucci ABSENT: Aldermen (2) - Anderson, Feldt OTHERS PRESENT: Aldermen-Elect (3) - Robinson, Conley, Blanchard Attorney - Barrett Controller - Russell Supervisor - Dates Asst. Controller - Spano Police Commissioner - Withiam Clerk - Blean Ex. Dir. Chamber of Comm. - Levy Deputy Clerk - Grey Mayor Kiely announced this:,spe.pial meeting had been called primarily to hear a presenta- tion of the tentative budget for 1970. Alderman Toolles advised that Supervisor Dates and Mr. Levy, Executive Director of the Chamber of Commerce, had asked to be heard informally concerning a sales tax sharing proposal. He suggested that.,the Council hear : Mr. Russell, City Controller, present and review the budget and agree to hear about the sales tax proposal informally afterwards. Mayor Kiely agreed to this procedure. CITY ASSESSOR: The Clerk read a letter, dated December 10th, .asking that he be notified. officially whether or not his services would be required by _theCity after Jamuary 1, 1970. The Assessor referred. to several .sections of the City Charter regarding taxing procedures and filing of the final assessment roll which he felt needed to be reviewed. Attorney Barrett reported he had discussed the matter briefly with the County Tax Coordinator who thought the sections referred to in the City Charter should be kept in force until Tompkins County,.has enacted its own provisions to replace them. Mayor Kiely referred the matter to the .Charter& Ordinance Committee: and City Attorney for study and report at the special Council meeting scheduled for December 17th. POLICE COMMISSIONER:. Mayor Kiely advised that Mr. Withiam, Police Commissioner, was present with a request. that he be heard in Executive Session. MAYORS' PHOTOGRAPHS: Mayor Kiely called attention to the exhibit of Mayors' pictures on the north wall of the Council Room. The Clerk explained that they contained photographs of all Mayors of the City from its first one in 1887 to the present time, that prior to this time they had been kept in a large album in the vault and that even though it had been suggested several times in the past that they be displayed in the Council Room, it had been finally accomplished during the fiscal year 1969, LOn recommendation of Alderman Tolles members of the Council extended their thanks to the Clerk and commended him for preserving the photographs over the years. BUDGET - 1970: Copies of the proposed budget for the year 1970 were distributed to members of the Council and reviewed in detail by the City Controller, who advised that it indicated an approximate 9% increase over last year - most of which he attributed to .sal:ary adjust- ments. The revenues included an estimated $1,100,000 to be collected from a city sales tax scheduled to become effective March 1, 1970. The Controller indicated that the proposed budget would require a tax rate of $15.10 per thousand dollars of assessed valuation. After all had an opportunity to ask the Controller questions about specific included therein Mayor Kiely urged members of the Council to study it during th& next week and be prepared to take final action on it on December 17th. He pointed out that no public hearing is required but that he would permit members of the public to speak if desired. AUDIT: By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that the bills audited and approved by the Finance Committee -in the total amount of $2,686.55 in the General Fund, as listed on audit abstract #13-1969, be approved for payment. Carried. In the interest of expediency Alderman Nordheimer asked that several requests of the Board of Public Works, dated December 10th, be referred to the proper Committees at this time, as follows: 1. Request to upgrade the position of Street and Sanitation Supervisor to grade 39 with his 1970 salary established at step 8 of grade 39. 2. Request for an apporpriation of $500.00 for installation of a guide rail on Cliff Street, adjacent to Williams Glen Road. 3. Several traffic ordinance amendments. Mayor Kiely referred items 1 and 2 to the Finance Committee and item 3 to the Charter and Ordinance Committee. rr 238 2 - December 10, 1969 EXECUTIVE SESSION: By Alderman Nichols : seconded by Alderman Spano RESOLVED, that the Council be adjourned and reconvened in Executive Session to hear from Mr. Withiam, Police Commissioner, Carried. Mr. Withiam pleaded with the Council to reconsider its Compensation Plan for Department Heads and Assistants, approved December 3, 1969, and grant an additional kJ to both the Chief of Police and the Deputy Chief of Police for 1970. A lengthy discussion ensued at the end of which time it was agreed not to reconsider. Mayor Kiely declared the Executive Session closed at 9:30 p.m. and reconvened the Council in regular session. By Alderman Nordheimer: seconded by Alderman Sullivan RESOLVED, that the meeting be adjourned. Carried. SALES TAX PROPOSAL: The Council then met as a Committee-of-the-Whole, as agreed upon at the start of the special meeting, and heard Mr. Levy and Mr. Dates present a proposed sales tax sharing plan on a 20-30-50% basis. It was agreed that any poll taking during this . discussion would be informal only and not binding on the Council. By an informal vote resulting in 9 yes votes, two no votes, and one member abstaining it was agreed to accept a 20-30-50% sharing proposal if offered by the Board of Supervisors. The meeting of the Committee-of-the-Whole ended at 10:55 p.m. i v , eo. A. Blean, City Clerk Jack K Xiely',- Mayor 2 � -COMMON COUNCIL PROCEEDINGS— - CITY OF ITHACA, NEW YORK Special Meeting; 7:30 p.m. December 17, 1969 PRESENT: Mayor - Kiely Aldermen (12) - Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bangs, Holland, Slattery, Saccucci, Sullivan ABSENT: Aldermen (2) - Tolles, Anderson OTHERS PRESENT: Mayor-Elect - Johns Youth Bureau Dir. - Cutia Aldermen-Elect (2) - Robinson, Conley Controller - Russell Police Comm'r. - Withiam Asst. Controller - Spano Deputy Chief of Police - Herson Clerk - Blean Comm'r. of Pub. Works - Putney Deputy Clerk - Grey Housing Authority Dir. - Armstrong Mayor Kiely announced that this special meeting had been called to discuss the following items: 1. Public Hearing t'- 2. Local Laws 3. Termination of lease of Eagles Building 4. Amendment of Tioga-Green Street parking ramp agreement 5. Youth Co-Ordinator agreement 6. City Assessor 7. Audit 8. Sales Tax 9. Tentative Budget 10. Urban Renewal plan changes 11. Such other items as may properly come before the Council for 1969. Mayor Kiely noted the absence of Alderman Tolles due to the recent death of his wife. By Alderman Feldt: seconded by Alderman Bangs WHEREAS, Alderman W. Arnold Tolles suffered a grievous loss on December 16, 1969 through the passing away of his beloved wife, Marian D. Tolles, NOW THEREFORE BE IT RESOLVED, that this Council hereby expresses its deepest sympathy to Mr. Tolles and .bereaved members of his family for this great loss of one who the Council feels has been of immense help to him throughout their lives together, and who has helped him by making it possible for him to devote the enormous amount of time and energy he has �,3 to his public office and the problems of the City of Ithaca, and BE IT FURTHER RESOLVED, that the Council's expression of sympathy be spread upon the minutes of this meeting, and a copy thereof presented to Mr.Tolles. Unanimously carried. PUBLIC HEARING - SALE OF CORSON TAT TO N.Y.S. URBAN DEV. CORP. : Mayor Kiely opened a public hearing advertised for this time to hear anyone interested in the proposed sale of the Corson parking lot on Dryden Road by the City to N.Y.S. Urban Development Corp. Mr. Scott Carlson, Project Director for N.Y.S. Urban Development Corp., outlined a proposal to develop the block bounded by College Avenue, Dryden Road, Eddy Street and Cascadilla Creek. He described a 14.3 million dollar project planned for the area to include approximately 375 housing units, 600 parking spaces, 80,000 square feet of office space and 54,000 square feet of shops along College Avenue. He explained that the Corporation was attempting to consolidate the total land site for the project and that it was very important at this time to have the City commit itself with an expression of intent by conveying title to the parking area to SUDC. Mr. Huson Jackson, representative of the architectural firm of Sert, Jackson & Associates, reviewed the project in great detail with picture slides. The following persons spoke: Mr. Aristotle Pa ayanakos 402 College Avenue: He presented copies of a petition, cir- culated and signed in 1966, opposing Urban Renewal Development in any form in the College town area. He felt the N.Y.S. Urban Development Act was illegal and unconstitutional. Mr. David Saperstone, 100 W. Buffalo Street: He objected to the fact that the housing and commercial components of the proposed development were scheduled to be sold to private interests whereas the City was required to take over the parking garage - a phase which he characterized as a white elephant. He estimated the City might be taking a chance of losing up to $100,000 per year on its operation. -2- December 17, 1969 Mr. Stephen Jacobs; 303 Highgate Rd.: He spoke on behalf of Historic Ithaca, Inc. and o jected to the demolition of Cascadilla Hall because he felt it was a historic landmark. He suggested consideration be given to make use of what it has to offer and integrate it into the project rather than demolish it. A RESOLUTION OF THE CITY OF ITHACA, NEW YORK AUTHORIZING C014VENANCE OF TITLE TO THE NEW YORK STATE DEVELOPMENT CORPORATION OF REAL PROPERTY OWNED BY THE CITY OF ITHACA AND KNOWIN AS "THE CORSON PARKING LOT". By Alderman Rundle: seconded by Alderman Nordheimer WHEREAS, the City of Ithaca and N.Y.S. Urban Development Corporation have entered into a Memorandum of Understanding, dated April 9, 1969, concerning the development of an East , Hill-College Avenue Project; NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Ithaca be authorized to execul the following Sale and Lease Back Agreement on behalf of the City, under its Corporate Seal; and to execute all other necessary documents pursuant thereto in order to convey title to the "Corson" parking lot to New York State Urban Development Corporation and to lease back a parking ramp structure pursuant to terms of said Memorandum of Understanding. SALE AND LEASE BACK AGREEMENT Agreement made the day of December, 1969, between the City of Ithaca, a municipal corporation of the State of New York, having an office at 108 East Green Street, City of Ithaca, County of Tompkins, New York("Seller") and the New York State Urban Development Corporation, a public benefit corporation of the State of New York, having an office at 666 Fifth Avenue, New York, New York ("Purchaser"). W I T N E S S E T H 1. Sale and Purchase of Property.' Pursuant to Section 14 (2) of the New York State Urban Development Act and in accordance with and subject to the terms and conditions of this Agreement, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase the property described in Schedule A attached hereto (the "Property") . The sale shall include all of Seller's right, title and interest, if any, in and to any strips of gores of land adjoining the property. 2. Purchase Price of Property. The purchase price of the property is One Dollar payable upon the Closing referred to in Section 3 by check of Purchaser, or of Purchaser's designee or designees, payable tD the order of Seller, together with Purchaser's obliga- tions in paragraph 9 hereof. 3. Closing; Deed. The Closing of the sale and purchase of the Property will take place at the office of the Purchaser, 666 Fifth Avenue, New York, New York, at 10 A.M. on May 1, 1970 (the "Closing") or at such other place, or sooner time designated by purchaser. At the Closing the Seller will deliver the deed or deeds (the "Deeds") to }.: ' Purchaser or Purchaser's designee or designees against payment of the purchase price. The Deeds shall be Warranty Deeds with Covenants duly executed by Seller, in proper form for recording, prepared at Seller's expense, so as to convey to Purchaser an insurable fee simple title to the Property. At the Closing, Seller shall deliver to the Purchaser or such other person or persons as the Purchaser shall request in writing, one or more deeds conveying the property in separate parcels in accordance with survey descriptions to be prepared by Purchaser at its expense. Each deed shall contain a lien clause in compliance with Section 13 of the Lien Law. 4. Objections to Title to Property. In the event that at the Closing conditions are disclosed which render Seller incapable of delivering title to the Property of the character and nature above described and such conditions constitute a matter subject to which the Purchaser is not obligated under the provisions of this Agreement to take title, then Seller shall have a reasonable time after receipt of written notice thereof within which to remove any objections to title raised by Purchaser, and, for that purpose, shall be entitled to adjourn the Closing from time to time for a period not exceeding 30 days thereafter. The Purchaser shall be entitled to like adjournments for such purpose, or may waive such objection and take such title as Seller can convey. Nothing herein con- tained shall require Seller to incur substantial expense to render its title of such character and nature , except that this limitation shall not apply with respect to judgments against or lien arising out of the acts of Seller. 5. Payment of Assessment. If, at the time of deb.very of the Deed or Deeds, the premises or any part thereof shall be or shall have been affected by an assessment or assessments which are or may become payable in annual installments, of which the first j installment is then a charge or lien, or has been paid, then for the purposes of this Agreement all the unpaid installments of any such assessments, including those which are to become due and payable after the delivery of the Deed or Deeds, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the Seller, upon the delivery of the Deed or Deeds. 6. Taxes. Seller represents that there are no taxes presently assessed against the property, and that there will be no taxes due at the time of closing. ALL THAT TIZ ''.CT OR P,TZCTP.' -,,'j �>i ,: _ ; tt7t� C' �� ,' ni County of TorT)!:ins, follows, to brit . I3cc;in i :. , it �„ i 71 .. ;C+ in, tll C 1 1 of Dryden Road zit th(-� r7oi),, ?�., ..,t cif lane:_. fd,_. c the Huntington �ssociati-nn of Co �nc°I ? ur.i_vcr�>i_Ly, Inc. , r�r�r, Udine- the southea:,t corner of tnc, prt,. thence north along, the err ;t. }:rntr.c r fir:-:t of the said i ""tine_"con Association pro ;erty anra thf n of the Shelc?nn Court ronF>rt,r P - , tanr.e o f two hundred and three tc nt1 s feet (200. 3 ` ) to the sc ,:t'r; line of lands conveyed to Cornell L?ni"versity by deed dated 1938 and recorded in Lihc r. 247 of Deed=;, at pp r.;e it in the County Clerk ' s office; thence on a course making an Z n-7!c of seventy-nine degrees-seventeen rninut-es (790 17 ' ) , mcacui eca cicc :- wise from the last mentioned course a distance of one hunds.ea and six tenths feet (120. 6 ' ) to a Pine, being along and coincicinc with the southerly boundary of the p* emices of Cornell. University as referred to above; thence continuing along said southerly bcun.- --- on a course more truly west- and ma'.ing an angle of one hundred ninety-two degrees four minutes (19'04 ' ) measured clock,,rise from the last mentioned course a distance of one hundred fifteen and two tenths feet (115. 2 ' ) to a pipe, thence soi..ithwesterly alone a course malting an angle of one hundred t�,,enty-onc degrecs thi.rt� -one i�inu,_c_ (1210 31 ' ) measured cl.oc):wise from the last mentioned course a di:-- tance of thirty-three and eight tenths feet (33 . 8 ' ) to the nor_thea::-t line of Dryden Road; th --^r ^ line of Dr_yc::: n T'c„:c; a (I rude n,.. r' �r feet (?7> ' ) vt_n- , _.i;. more or leas to an angl_d i * a s.te;_ _) 1 i. , „_:', no ',c:.:,t crly lime of said Dr-dcn Ro- d; thence fo11.o sa.i_c? northeast- line of Dr,,rden Road on a curve to the left and continuing along the northerly line of Dryden Road a distance of one hundred forty-five feet (145 ' ) more or less to the point or place of beginning. Being the same premises conveyed to the City of Ithaca by Cornell University by Deed dated November 11 , 1949, and recorded in the Tompkins County Clerk ' s Office in Liber 326 of Deeds at page 250. Being the same premises conveyed by Stainton Griffis and Nicholas H. Noyes to Cornell University by Deed dated November 22, 1938, and recorded in the Tompkins County Clerk 's Office on December 20, 1928, in Liber 249 of Deeds at page 339. 24 -3- December 17, 1969 7. Tenants. Seller represents that there is not now, nor shall there be at the Closing, an- y tenant or other occupant in possession of or having right of possession to the Property or any portion thereof under any lease or other agreement whether oral or in writing, allowing any tenant or other person to be in possession or have a right to possession. 8. Purchaser's Right to Go On to the Property. Purchaser and Purchaser's designee or designees, at any time prior to the transfer of title, may enter upon the Property to make surveys, test borings, excavation and cores, other site improvements including earth movement and fill, and to do such other acts as may be desired by Purchaser with respect to the Property. 9. Lease Back. It is a condition of this transaction that upon the closing of title to this property purchaser will develop or cause to be developed a multilevel parking facility in the block of which this parcel is a portion. Said parking facility will contain space for approximately 800 cars. The Purchaser shall grant to the Seller a lease of the parking facility to be constructed on said block and Seller shall execute such a lease as tenant. The schematics and design of such parking facility will be prepared after consultation with Seller. The total number of parking spaces shall not exceed 1000 without the approval of Seller, such approval shall not be unreasonably withheld. The execution and delivery of such lease shall take place in the offices of the Seller on thirty days' notice from the Purchaser when the improvements thereon are completed. The lease of said garage shall be at a total annual rental equal to Purchaser's carrying charges, which shall include interest and amortization of Purchaser's total development G.� cost for such parking facility, plus a service charge of one-half of one percent. The lease shall be a net lease and the rent shall be net to the Landlord in each year during the term of the lease and will all costs, expenses and obligations of every kind relating to the leased property which may arise or become due during the term of the lease being paid by the Tenant, and the Landlord shall be indemnified by the Tenant against such costs, expenses and obligations. The net rent shall be paid to the Landlord without notice or demand and without abatement deduction or setoff. The net rent shall be paid in equal quarterly iniptallments on the first day of January, April, July and October, during the term of the lease. Said lease shall be for term of not less than thirty years. 10. Broker's Commissions. Purchaser warrants to Seller that it has not dealt with any broker in connection with the negotiations leading to this Agreement. 11. Notices. Any notice, demand or request, required or agreed to be given here- under by either party, shall be sufficiently given or served if in writing, signed by the party for whom it is intended as follows : (a) Seller: Mayor, City of Ithaca, Ithaca, New York or such other address as Seller may from time to time designate by notice. (b) Purchaser: Regional Director, New York State Urban Development Corporation, 150 State Street, Rochester, New York - or such other address as Purchaser may from time to time designate by notice. Service shall be complete upon such mailing except in case of a notice to change an address in which case service shall be complete when notice is received by the addressee. 12. Definitions. The term "Purchaser" shall mean and include Purchaser, Purchaser and Purchaser's designee or designees and Purchaser's assignee or assignees. The term "total development cost" shall mean all amounts expended by Purchaser in the development of the facility plus an additional amount of two percent of such expenditures, which additional amount the parties hereto recognize as compensating Purchaser for its indirect expense in the development of the facility. 13. Miscellaneous. This Agreement, including the attached Schedule, constitutes the entire agreement between the parties relating to the transaction herein set forth and shall be binding upon and inure to the benefit of and be enforceable by the parties hereto, their successors and assigns. This Agreement may not be amended or terminated except by instrument in writing signed by both parties. The Seller's obligations con- tained in paragraph 9 herein shall survive the delivery of any deed or deeds. This agree- ment shall be governed by the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date mentioned above. ATTEST: CITY OF ITHACA By Mayor WITNESS: NEW YORK STATE URBAN DEVELOPMENT CORPORATION By Secretary By President and Chief Executive Officer AYES: 12 NAYS: 0 Unanimously carried. -4- December 17, 1969 Mayor Kiely closed the public hearing at 9:00 p.m. and declared a recess for five minutes at the end of which time he reconvened the meeting. MAYOR'S MESSAGE: Mayor Kiely presented and read a fourteen-page State of the City report covering events during 1969 including comments upon developments underway which will effect the future growth and development of the City. It was received with a round of applause and ordered filed. (See City Clerk P.F. No. 1175) . He awarded the Mayor's Citizens Award for 1969 to Louis Withiam, Police Commissioner, for his outstanding contribution to Ithaca's well-being during the year and in token thereof presented him with a silver bowl. Mr. Withia:: accepted the- bowl with appropriate remarks. UTILITY POLES: At the request of Mayor Kiely the Clerk read a letter from Finger Lakes State Parks Commission, addressed to Mr. Kasprzak, Chairman of Inlet Park Committee , per- taining to the removal of utility poles in the Inlet Park Area. It indicated that the City should be guided by the following: 1. All utility poles including telephone poles are to be removed by December 31, 1970. 2. The only pole line to remain after December 31, 1970 is the existing transmission line outlined in green on the map submitted with your November 18, 1969 letter. 3. The sum of fifty thousand dollars ($50,000) of grant-in-aid funds from the current allocation to the City will be held in escrow until the poles are removed. Meanwhile, you may process requests for progress payments covering work done under the current contract. ,f JOYCE GERMAINE: The Clerk Read a letter from the City Chamberlain recommending the pro- visional appointment of Mrs. Joyce Germaine as an Account Clerk in his office at the annual ' salary of $4,214.00, the minimum of grade 19. By Alderman Bangs: seconded by Alderman Feldt RESOLVED, that Mrs. Joyce Germaine be appointed to the position of Account Clerk in the City Chamberlain's office at an annual salary of $4,214.00, the minimum of grade 19 in the Compensation Plan; that her appointment shall be provisional and become effective Dec. 15, 1969; and that the Civil Service Commission be requested to hold an examination for this position. Carried. SALES TAX: In view of the action taken by the Board of Supervisors on December 15th, which failed to 'approve . the proposed 20-30-50% sales tax Sharing plan for 1970, Mayor Kiely felt that further action by the Council on the matter at this time was unnecessary. Mr. David Saperstone spoke briefly and felt the City should new go ahead with its own sales tax to become effective on March 1, 1970. ` LOCAL LAWS: Alderman Feldt reviewed the content of four separate Local Laws which were received and laid on the table at the Council's meeting, dated December 3, 1969. He recommended their approval and they were acted upon as follows: A LOCAL LAW AMENDING SECTION 219b, OF CHAPTER 503 OF THE LAWS OF 1908 OF THE STATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA, (SECTION 8-15 AS PRESENTLY CODIFIED) , TO MAKE THE SICK LEAVE BENEFITS FOR CITY EMPLOYEES SUBJECT TO NEGOTIATED AGREEMENTS BETWEEN REPRESENTATIVES OF CITY EMPLOYEES AND REPRESENTATIVES OF CITY GOVERNMENT. By Alderman Feldt: seconded by Alderman Boronkay BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Sec. 219b of Chapt. 503 of the 'LLirs of 1908 of the 'State of N.Y:,being the Charter of 'City of Ithaca, is hereby amended by repealing it in its entirety and enacting a new Section 219b in place thereof to read as follows : Section 219b. Sick leave for officers and employees (1) Sick leave and accumulation of unused benefits . Sick leave benefits for all City employees shall be granted and accumulated in accord- ance with the terms specified in formal agreements reached between City officials appointed as a negotiating committee and the representatives of the several recognized bargaining agents of unions for City employees, subject to Common Council approval of these agreements. (2) Administration. (a) Records. It shall be the duty of the administration head of each department to keep an accurate record of all sick leave accumulations in such form as the Common Council may prescribe. (b) Notification. Any officer cr employee who is unable to report for duty because of illness or physical disability shall immediately notify his department head of that fact and shall state the nature of his illness or disability and the name of the attending physician, if any; when the officer or employee is unable so to report, a responsible person may make the report in his behalf. In the absence of such a report, unless waived by the department head for good cause, time lost shrill not be considered sick leave and such employee shall receive no compensation therefor. 24 P -5- December 17, 1969 (e) Certificates of Disability. No continuous sick leave exceeding three days shall be allowed except upon the certification of a physician to be filed with the department head not later than the fourth day, stating the nature of the illness and probable period of disability. The department head may require such certificate in any other case. (d) False Representations. Any false representation made by arty officer of employee in connection with a claim for sick leave benefits shall be deemed a just cause for disciplinary proceedings under the Civil Service Law and Rules, and in addition to other penalties such portion of his accumulated sick benefits as may be deemed proper may be cancelled. i (3) Exceptions. An employee or officer who suffers injuries in the course of his employment and who is entitled to benefits under provisions of the Workmen's Compensation Law may elect to use sick leave benefits which shall have been accumulated to his credit, pursuant to formal agreements reached between employer and employee bargaining agents, during the period of his disability, which benefits shall be charged against his accumulated sick leave. If he elects to do so the amount of any award made to him by the Workmen's Compensation Board, during a period for which he shall have received sick leave benefits, shall be paid to the City of Ithaca. Payments made to the City under the provisions of this law shall be credited to whatever fund the sick leave benefits shall have been paid from. (4) Authority of Common Council. The Common Council shall have power, by resolution, to adopt additional regulations, not inconsistent herewith, governing sick leaves and sick leave procedure. (5) The term"year" as used herein shall mean calendar year. Section 2. This Act shall take effect upon filing in the office of the Secretary of State of the State of New York. A vote by roll call was taken thereon which resulted as follows : AYES: 12 NAYS: 0 Approved by me this 30th day of December 1969 and designated Local Law No. 4- -1969. Mayor, City of Ithaca, New York �. A LOCAL LAW AMENDING SECTION 219c OF CHAPTER 503 OF THE LAWS OF 1908 OF THE STATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA, (SECTION 8-16 AS PRESENTLY CODIFIED) , TO MAKE VACATION BENEFITS FOR CITY EMPLOYEES SUBJECT TO NEGOTIATED AGREEMENTS BETWEEN REPRESENTATIVES OF CITY EMPLOYEES AND CITY GOVERNMENT. By Alderman Feldt: seconded by Alderman Spano BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Section 219c of Chapter 503 of the Laws of 1908 of the State of New York, being the Charter of the City of Ithaca, be amended by repealing it in its entirety and enacting a new Section 219c in place thereof to read as follows : Section 219c. Vacations for certain employees . (1) Definitions. The term "City employee" shall include all employees of the City except elected officials, members of the various City Boards and Commissions, and seasonal, temporary or per diem employees . (2) Vacations. Vacation benefits for all City employees shall be granted and accumulated in accordance with the terms specified in formal agreements reached between City officials appointed as a negotiating committee and the representatives of the several recognized bargaining agents or unions for City employees, subject to Common Council approval of these agreements. Section 2. This Act shall take effect upon filing in the Office of the Secretary of State of the State of New York. A vote by roll call was taken which resulted as follows : AYES: 12 NAYS: 0 Approved by me this 30th day of December 196 and designated Local Law No. 5 1969. yor, City of Ithaca, New York 9'/A A -6- December 17, 1969 A LOCAL LAW AMENDING SECTION 6, OF CHAPTER 503 OF THE LAWS OF 1908 OF THE STATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA, (SEC.2-1 AS PRESENTLY INFORMALLY CODIFIED) , TO ELIMINATE REFERENCE TO SUPERVISORS AS CITY OFFICERS IN CONFORMANCE WITH THE ABOLITION OF THE OFFICE BY THE NEW CHARTER OF THE COUNTY OF TOMPKINS. By Alderman Feldt: seconded by Alderman Nordheimer BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1. Section 6, of Chapter 503 of the Laws of 1908 of the State of New York, entitled An Act to Consolidate and Revise the Several Acts Relative to the City of Ithaca, and Acts amendatory thereof, is hereby amended to read and provide as follows: 6. The officers of said city shall be as follows : A mayor and a city judge to be elected on a general ticket by the qualified voters of the city; two aldermen, except as provided in Section herein, from each ward, to be elected by the qualified voters of the city residing in eac ward, respectively; a city attorney, a city prosecutor, a city chamberlain, an assessor, a deputy assessor, two associate assessors, a city controller, a city clerk, a deputy city clerk, six commissioners of public works, three fire commissioners, a commissioner of buildings, a police commissioner, such members of the police force, general and special, and such constables as in the judgment of the common council may be deemed necessary, and such officers as are herinafter, or by the general laws of the state, authorized and provided, all of whom shall be appointed by the mayor, except as otherwise herein or by said general laws provided. The same person may be so appointed to hold one or more of said offices at the same time. Superintendent of public works shall also be an officer of the city and shall be appointed by the board of public works, hereinafter provided. Before any person shall be so appointed to one or more of said offices the common council, except as otherwise provided for, shall fix the maximum rate of compensation to be paid for performing the duties of each of said offices, which maximum rate shall not be changed > during the incumbency of the appointee next thereafter appointed thereto. The common council may also, prior to each of such appointments , prescribe the duties of such officers in addition to and not inconsistent with the duties prescribed by this act, except as otherwise provided for; and subject to such provisions of the common council and to the provisions of this act, the mayor shall prescribe the duties and fix the rates of comp- ensation of all officers appointed by him. Section 2. This act shall take effect immediately upon filing in the Office of the Secretary of State. A vote by roll call was taken which resulted as follows : AYES: 12 NAYS: 0 Approved by me this 30th day of December 1969 and designated as Local Law # ee 1969. or City of Ithaca, New Yo V A LOCAL LAW AMENDING SECTION 17, OF CHAPTER 503 OF THE LAWS OF 1908 OF THE ATE OF NEW YORK, BEING THE CHARTER OF THE CITY OF ITHACA (SEC.2--13 AS PRESENTLY INFORMALLY CODIFIED) , TO ELIMINATE REFERENCE TO SUPERVISORS AS CITY OFFICERS IN CONFORMANCE WITH THE ABOLITION OF THE OFFICE BY THE NEW CHARTER OF THE COUNTY OF TOMPKINS. By Alderman Feldt: seconded by Alderman Jones BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 17, of Chapter 503 of the Laws of 1908 of the State of New York, entitled An Act to Consolidate and Revise the Several Acts Relative to the City of Ithaca, and Acts amendatory thereof, is hereby repealed. Section 2. This act shall take effect immediately upon filing in the Office of the Secretary of State. A vote by roll call was taken which resulted as follows: AYES: 12 NAYS: 0 Approved by me this 30th day of December 1969 and designated Local Law # 1969. Y9r, City of Ithaca, New or 2 - 3) The city will continue its „resent recreation program with ^eip from the United Fund and State aids. 4) The Youth Bureau Director and his staff will be responsible for conducting the recreation programs and coordinating the use of facilities for the city, the school district, and cooperating towns. 5) The Youth Bureau Director and/or his staff delegate shall correlate school, town, and city u:3e of facilities, staffing and recreation program development. 6) Operating policies regarding the relationship of the Youth Bureau to the City School District , Common Council , and town governments will be developed by the Youth Bureau Director, Youth Bureau Board of Directors, and a Board of Education representative, subject to final approval by the Board of Education, Common Council, and Boards of cooperating towns. 7) The existing Director of Recreation, Robert Cutia, will assume this expanded position. The Director will be responsible for the Youth Bureau and recreation programs and must comply with requirements of Civil Service. The Director will be responsible for the direction, supervision, and training of all recreation personnel, as well as the arrangements for compensation of part-time and seasonal em- I ployees of the department. In the case of school personnel, the school district's negotiated compensation for extra work will be observed during the fall, winter, and spring. S) In the joint use of facilities, the liability of the city and of the school district and responsibility for maintenance and upkeep shall be carefully spelled out. A schedule shall be established, setting forth the exact hours that specified school facilities shall be used by the city. The city when using; school facilities w i I 1 he liable for acts of negligence on the part of their employee;. 9) Whenever a school building is used for community recreation pro- grams a plan of operation should be worked out so that the pro- gram does not interfere with school use. All permits should cover building use regulations and meet all regulations of the school district and city recreation programs. :)ecemijer 17, 1969 RECREATION PROGRJIM JOINT DIRECTORSHIP BETWEEN CITY OF ITHACA AND ITHACA SCHOOL DISTRICT i Why is this change being proposed? An attempt is being made to broaden the base of support for recreational activities (youth as well as adult) in the Ithaca area. Why does the school district seem to be promoting this position? The school district has fine facilities and will be adding two new junior high schools. The Board of Education would like to have these buildings used more. Leadership is needed to coordinate the use of the buildings between school and community sponsored activ- ities. Also money is needed (mainly from towns and eventually the county) to finance the programs that will be carried out after school and in t} e summer. The school district does not have these funds but can see a value in motivating and developing students interest through an expanded recreation program. The Board of Education is willing to make a small investment to help make this happen. What will it cost the city? This position will not cost the city additional dollars. It would broaden the role of the present director to include direct influ- ence over scheduling the use of certain school facilities, as well as I the assignment and supervision of certain school personnel. The Board ' of Education plans to allocate some money in next years budget to help support this position (recommendation is a $5,000.00 allocation). Are there any other advantages to the city? The school district serves an area outside the City of Ithaca which includes the towns surrounding the city. It is believed that this joint position will promote the sharing of recreational costs by the towns. Without sharing costs programs in the city, that now serve town as well as city children, will not be carried on in the schools in the town. This would give a means of limiting town participation where sharing of costs did not develop. The following simple rules seem adequate enough to give this expanded role of the director some definition as well as some guidance to those towns that wish to join in the development of expanded recreation activities. 1) The school district will contribute the use of its facilities as well as a portion of the director's salary. 2) The cooperating towns will pay a proportionate share of costs to the number of participants in a given program who reside in 1 the town. 1 24,7 -7- December 17, 1969 EAGLES BUILDING LEASE: Attorney Barrett reported he had reviewed the present lease of the 2nd and 3rd floors of the former Eagles Building for use as a Youth Center to determine if the lease could be terminated since it was the expressed opinion of the Youth Bureau Director that the space was no longer being used to its fullest extent. He felt the lease , by its terms, could be terminated as of January 1, 1970. By Alderman Nichols : seconded by Alderman Spano RESOLVED, that the City give notice to Donald W. Moore and Ella M. Moore of its intention to terminate the lease of the second and third floors of the premises at 326-330 East State Street, effective January 1, 1970, pursuant to the terms of said lease ; and that the City Clerk be directed to send a letter to Donald W. Ifoore and Ella M. Moore notifying them of this action. Carried. GREEN STREET PUBLIC PARKING FACILITY: Attorney Barrett presented and recommended approval of an amendment to the Sale and Lease Back Agreement with N.Y.S. Urban Development Corp. regarding the Green Street parking facility which was approved on November 19th. The proposed amendment included an easement for a connecting ramp over S. Tioga Street between the parking structure and the "Hotel block" . By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the Sale and Lease Back Agreement between the City of Ithaca and New York State Urban Development Corp. regarding the Tioga Street-Green Street Public Parking �.. Facility be and it hereby is amended to include an easement for a connecting ramp between �. the said structure and the "Ithaca Hotel Block" in the air space 162 feet above the CQ following described property: ALL THAT TRACT OR PARCEL OF LAND in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at the intersection of the west line of South Tioga Street with the north line of Green Street in said City; running thence north along the said west line of South Tioga Street 83.4 feet; running thence easterly at a right angle to said west line 66 feet to the east line of South Tioga Street; running thence south along said east line approximately 81 feet to the north line of Green Street; running thence westerly along said north line approximately 66 feet to the place of beginning. Carried. YOUTH COORDINATOR: Alderman Slattery read a letter memorandum, dated December 17, 1969, outlining terms of a proposed agreement between the City and the City School District to provide for a Youth Coordinator to direct recreational programs of the City and the District. By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the City of Ithaca enter into an agreement with the Ithaca School District 'for the purpose of establishing a joint directorship of recreation as presented in the outline dated December 17, 1969. � Carried. ASSESSOR: Alderman Feldt reported he had discussed the City Assessor's status as of January 1, 1970 and the sections in the City Charter referred to by him at the December 10th meeting with Mr. Calistri, Mr.Payne, and Mr. Franklin. He felt that the County Assessors were technically&legally qualified to take over this function of City Government on January 1st and he advised that Mr. Calistri was being retained by the County as a consultant for the first two or three months during the take-over. He deemed it advisable to retain the sections dealing with assessment procedure in the City Charter for the time being or until such time as the County felt they were no longer needed. By Alderman Feldt: seconded by Alderman Nordheimer RESOLVED, that the City Clerk be directed to notify Mr. Calistri that it is with regrets that the Council must inform him that his services as City Assessor will not be required after December 31, 1969. Carried. AUDIT: By Alderman Bangs : seconded by Alderman Nichols RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $3,529.43, as listed on audit abstract #14-1969, be approved for payment. Carried. By Alderman Nichols : seconded by Alderman Bangs RESOLVED, that the Finance Committee and Controller be empowered to approve and audit for payment any final bills for 1969 as may require such action, and to make transfers with- in the 1969 budget appropriations as may be needed due to unforeseen circumstances at this time. Carried. TENTATIVE BUDGET - 1970: By Alderman Nichols : seconded by Alderman Bangs "RESOLVED, that the tentative Budget for the General Fund, Water Fund and Sewer Fund in the gross total amount of $5,588,341, as presented and recommended for adoption by the Finance Committee, be and it hereby is approved and ratified in all respects for the year 1970. Carried. 9 A- -8- December 17, 1969 On recommendation of Alderman Nordheimer the Mayor directed the Clerk to indicate in the minutes of this Session that the Council realizes the enormous amount of time devoted by members of the Finance Committee, the Controller, Assistant Controller, and others in preparing and presenting the budget for approval at this time. URBAN RE14EWAL PLAN CHANGES : Alderman Rundle read a letter from the Planning Board indicating it had approved certain minor changes in the Urban Renewal Plan for blocks 201 and 202 and recommended that the Council approve them also. By Alderman Rundle. seconded by Alderman Jones WHEREAS, it has become necessary for the Ithaca Urban Renewal Agency to revise the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project (N.Y. R-112) and it is required by Federal and State Law that said plan change must be approved by the Common Council an, the Planning Board of the City of Ithaca; and WHEREAS, the Planning Board of the City of Ithaca at a regular meeting on the 17th day o'._=,, ; December, 1969, duly approved by resolution, a copy of which is attached hereto and made a part hereof, the proposed changes to the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project (N.Y. R-112) ; and WHEREAS, this Council has given careful consideration and reflection to the requested changes in said Urban Renewal Plan and deems said changes to be appropriate, necessary, and in the best interest of the City and its Urban Renewal Program, NOW, THEREFORE, BE IT RESOLVED: 1. That the presently existing page R 213 - 15 of said Urban Renewal Plan be amended by changing the preferred use of parcel 15 from municipal parking on the ground level to commercial use on ground level with air rights over for either commercial or hotel use. 2. That the presently existing Land Use Map (Page R 213 - 120) be amended as follows : A. Block 201 - The land formerly designated for the easterly extension of the municipal parking lot be changed to commercial use. B. Block 202 - The southern portion of Block 202, be changed from public parking to commercial use. 3. That the presently existing "Disposal Parcels" Map (Page R 123 - 122) be amended as follows: A. Parcel 17 in Block 201 be revised to reflect the size and shape as set forth on the proposed `Disposal Parcels" Map attached hereto. This parcel is changed from public parking to commercial use. B. Parcel 15 in Block 202, is eliminated. 4. That the presently existing "Land Acquisition"Map (Page R 213 - 124) be amended as follows : A. Block 201 be revised to reflect the size , shape and use as set forth on the "Proposed Land Acquisition" Map attached hereto. B. Block 202 be revised to change the area formerly designated to be acquired for public facilities to land to be acquired for clearance and redevelopment as set forth on the "Proposed Land Acquisition" Map attached hereto. 5. That this Resolution take effect immediately upon its adoption. Carried. ✓ HALL OF JUSTICE BUILDING: By Alderman Sullivan: seconded by Alderman Holland WHEREAS, the Ithaca Police Department and City Court have been relocated in a remodeled building, equipped with modern facilities and located at 120 E. Clinton Street, which has been known and referred to as "Bibbins Hall", and WHEREAS, it is deemed advisable to rename this building with a name which will be appropriate and suited to its new use, NOW THEREFORE BE IT RESOLVED, that the building located at 120 E. Clinton Street, formerly known as ''Bibbins Hall", be and it hereby is renamed "HALL OF JUSTICE" ; and that all references thereto in the future shall be made under its new name , "HALL OF JUSTICE". Carried. CODE AMENDMENT RESOLUTION N0. 8-1969: On recommendation of the Board of Public Works action was taken to amend the traffic ordinance as follows: By Alderman Nordheimer: seconded by Alderman Jones BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15, Article IX, Section 15-190, standing prohibited at designated locations, be amended by adding thereto the following: Park Road, northwest side, from the east curb line of Cliff Street 800' northeasterly. West State Street, south side, 75' from Meadow Street easterly. West State Street, south side, 250' from Meadow Street westerly. West State St. ,both sides, from Brindley and Seneca Streets westerly to Cliff Street and Floral Avenue. West Buffalo Street, both sides, 150' from Meadow Street westerly. Effective upon publication. AYES: 12 NAYS: 0 Carried and approved by the Mayor. III'i CITY PLANNING BOARD A RESOLUTION WHEREAS, It has become necessary for the Ithaca Urban Renewal Agency to revise the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project (N.Y. R-112) and it is required by Federal and State Law that said plan change must be approved by the Common Council and the Planning Board of the City of Ithaca; and WHEREAS, This Board has given careful consideration and reflection to the requested changes in said Urban Renewal Plan and deems said changes to be appropriate, necessary, and in the best interest of the City and its Urban Renewal Program, NOW, THEREFORE, BE IT RESOLVED: 1 . That the presently existing page R 213 - 15 of said Urban Renewal Plan be amended by changing the preferred use of parcel 15 from municipal parking on the ground level to commercial use on ground level with air rights over for either commercial or hotel use. 2. That the presently existing Land Use Map (Page R 213 - 120) be amended as follows: A. Block 201 - The land formerly designated for the easterly extention of the municipal parking lot be changed to commercial use. B, Block 202 - The southern portion of Block 202, be changed from public parking to commercial use. 3. That the presently existing "Disposal Parcels" Map (Page R 123 - 122) be amended as follows: I A. Parcel 17 in Block 201 be revised to reflect the size and shape l as set forth on the proposed "Disposal Parcels" Map attached hereto. This parcel is changed from public parking to commercial use. B. Parcel 15 in Block 202, is eliminated. i 4. That the presently existing "Land Acquisition" Map (Page R 213 - 124) be amended as follows: A. Block 201 be revised to reflect the size, shape and use as set forth on the "Proposed Land Acquisition" Map attached hereto. B. Block 202 be revised to change the area formerly designated to be acquired for public facilities to land to be acquired for clearance and redevelopment as set forth on the "Proposed Land Acquisition" Map attached hereto. 5. That the above modified items be recommended to Common Council for approval . 6. That this Resolution take effect immediately upon its adoption. State of New York - County of Tompkins City of Ithaca I I , Gregory Kasprzak, Planning Director of the City of Ithaca, New York do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Planning Board of the said City of Ithaca at a regular meeting of said Board held on the 17th day of December 1969, and that this is a true and complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corpo ate seal of the City of Ithaca, New York this Z►�, koo day of anning D rector 4r a rye V +a I// /ai/man. annin g Board December 17, 1969 YOUTH BUREAU PROPC?SAh FOR USE OF U.S. NAVAL REuER` E CENTER 1. the Youtil. Bureau poi , eci t:) move the o_'fices of the Director, Assis- tant Director and Secretary out of City Hall. 2. They also proposed to move the Youth Court and Youth Council office's out of the Miller Paper C�). buildin - 330 East.State Street. 3. The Youth Center will also be moved from the Miller Paper Co. ,building 330 East State Street. 4. All storage areas for Youth Bureau equipment will be consolidated. 5. From an operation standpoint, there are several factors which enhance the location of the rr u^-- - . a. The site is at rance to Stewart Park - it is adjacent to the -i-v Jr. High - the present Senior High School, St .iar' i'ark, wolf Course, across the inlet is the proposed ice rink, pool, strip }park and 65 acres in Southwest _r,ar!c. b. Lookir.., to the future - and the -possible creation of a County Youth and Recreation Commission, this site would be ideal.. c. Facilities are consolidated - assisting in the supervision of programs. (Youth Center, etc.) 6. At this time, the facility is much larger than the Youth Bureau needs. There are, however, several agencies interested in sharing the facilities. Among them are: 1 a. Ithaca School District - Henry St. John Nursery School - $2,500.00 Ad b. Boy Scout Main office $3,000.00 e� - c. Community Music School $2,000.00,4Y- d. Challenge Industries e. Tompkins County Mental Health Board r. Ithaca Squadron Civil Air Patrol -- David Bowr::en t The agencies renting would be assesed a dollar figure based upon sq. ft. used and cost of operation. 247 -9- December 17, 1969 U.S.N.R. CENTER FACILITY: Alderman Slattery presented and read a Memo, dated December 17, 1969, entitled "Youth Bureau Proposal for use of U.S. Naval Reserve Center" . He recommended its approval. (Copy attached) By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the Youth Bureau's proposal for use of the U.S. Naval Reserve Training facility on N. Cayuga Street Ext. be approved and adopted. Carried. CLIFF STREET GUIIE RAIL: Alderman Nordheimer presented and recommended approval of a request from the Board of Public Works for an appropriation of $500.00 for a guide rail on Cliff Street. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the sum of $500.00 be and it hereby is appropriated from the General Fund Contingent Fund to Current Appropriations, budget account #AlO1B - Highway Maintenance, to finance the cost of installing a guide rail on the easterly side of Cliff Street in the vicinity of Williams Glen Road. AYES: 12 NAYS: 0 Carried, COMPENSATION PLAN AMENDMENT: By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the 1970 Compensation Plan for Department Heads and Assistants be amended by upgrading the position of Street & Sanitation Supervisor to grade 39 with his 1970 salary established at step 8 of grade 39, as requested 'by the Board of Public Works. Carried. CORNELL UNIVERSITY: Controller Russell reported receipt of a check in the amount of 25,000 from Cornell University as a donation toward the cost of fire protection during the year 1969. BUS FINANCING: Controller Russell requested approval to transfer $53,550.00 from Water and Sewer Fund to the General Fund to pay for the City's three new buses pending receipt of State and Federal aid therefor. By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that the Controller's request be approved; and that the Council hereby authorizes him to make such transfer as may be necessary for the temporary financing of the City's new transit buses; and that he be directed to reimburse immediately said Water and Sewer Fund,upon receipt of State and Federal aid, for any amounts transferrred. Carried. MASONIC TEMPLE PROPERTY: Attorney Barrett reported that the City Assessor's opinion that the Masonic Temple's real estate property is taxable had been upheld by a ruling of the Appellate Division and therefoxe it would retain its taxable status on the Tax Roll. Having concluded its business for 1969 and in anticipation of turning over the reins of government to the Mayor-Elect Johns and his administration on January 1st, it was moved by Alderman Feldt, seconded by Alderman Spano and carried that this meeting be recessed until 11:00 a.m. on January 1, 1970. (Meeting recessed at 10:30 p.m.) f / � 4`-'Z Geo. A. Blean City Clerk _jAck K. Kiely, Mayor