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HomeMy WebLinkAboutMN-CC-1933-05-03 COHWiON COUNCIL PROCEEDINGS CITY OF ITHACA, N.Y. REGULAR MEETING MAY 3* 1931 PRESENT---Herman Bergholt z, Mayor Aldermen--Gill, Sam.,,ions, Lowe, Causer,Myers, Comfort , Hoffman,Rogalsky,Townsend,Campbell City Attorney--Treman Chief of Police Marshall City Judge--Crowley City Chamberlain—Snyder Fire Chief--Rtilly City Engineer--Eustance Superintendent--Feller Minutes of the preceding meeting were duly approved. Closing out ' A delegation of Ithaca merchants headed by 11r.Peer Sales and ?:ir. Hickey presented a proposed ordinance to the Common Council asking for its adoption to protect the buying public from dishonest advertising in connection with closing out sales. After a general discussion and explanation of the ordinance at the request of Alderman Rogalsky, the City Attorney read its provisions in detail. By Alderman Causer : seconded by Alderman Comfort : As an exercise of the police power of the State of New York and of the City of Ithaca for the protection of the public, economic and social welfare,the Common Council hereby enacts the following ordinance to take effect on publication. CITY ORDINANCE Chap.Il Sec-36 Closing Out Sales, Etc. Sec.36 Chap. II Subd.a. It shall be unlawful for any person, firm or corporation to advertises- or conduct any sale:( of goods,ware's or merchandise, at retail or at auction that is represented as a Bankrupt, Insolvent, Assignee, Adjusters, Trustees,Executors, Administrators, Receivers, Wholesalers, Jobbers, Manufacturers, Closing Out, Liquidation, Closing Stock, ;Moke, Fire or Water Damage SQ1�, or any other sale which i s by representation or advertisement intended to lead the public to believe that the person, firm or corpora- tion conducting such sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail price thereof in the City of Ithaca, without first filing with the City Clerk the inventory hereinafter provided for and obtaining from him a license so to do, to be known as a 'Closing out S,--,.le License. ' Such a license shall only be issued to the real party or parties in interest as owner. The fee for such license shall be, and the same is hereby fixed at $10.00 for a period of thirty consecutive days to be specified in such license; and for any extension of time, a new license shall be obtained for each thirty day period on similar application and filing a new inventory similarly verified. Subd.b. The inventory required by subdivision (a) shall contain w of Foods; .,a.r6saand..nor chandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit at the foot thereof he or such agent shall swear or affirms that the infori.lation therein given is full and true, and known by his or such agent to be soy and shall disclose the real party or parties in interest as owner. Subd. c. It shall be unlawful to sell : . offer or expose for sae at. any such, sale, or to list on such inventory, goods, wares or merchandise which are not the regular stock of the store or stores, the business of which is to be closed out by such sale, or' to make any 7eplenishments or additions to such stock for thn rarpose of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the Articles or things sold, from ;hi ch 're co_ ds the City Clerk may ascertain tho hind and quantity or ni iber sold. Subd. d. The City Clerh may in his discretion verify the details of any inventory fled for the purpose of obtaining a "Closing Out Sale License ' , or he may make a check and verify the items of merchanos di se sold during the sale, and it shall be deemed unlawful for any person to whom a lClosing Out Sale License t has been issued to fail or refuse to give the City Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or the proper information of goods sold, or any other information that he may require in order to make a thorough investigation of all facts connected with the sale. Subd. e. It shall be unlawful in connection with t any such sale to employ any untrue, deceptive or misleading advertising. •t Subd. f. The provisions of this section shall not be a.pplivable to trustees in bankruptcy, executors, administrators, receivers, as such, or officers acting under judicial process; nor to a sale conducted by a going concern, as a reduction of merchandise sale or a seasonal sale or a special offering of merchandise. Subd. g. Any violation of or failure to comply with any provision of this ordinance shall constitute disorderly conduct; .and each day such a sale is con ducted without such a license, and each violation of or failure to comply with any provision of this Section shall constitute a separate offense and such license shall thereupon be revoked. Suba. h. If any subdivision, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this ordinance. Ayes--9 Nay s--0 Alderman Sammons not voting. Carried. Air The Clerk reported that the Board of Public 0orks Maps requests the Council to purchase Acria.l Maps if funds are a,va.ilahle. In this connection Mr-Robinson again addressed the Board in relation to his proposal to furnish such Maps. By Alderman Causer: seconded by Alderman Gill: RESOLVED: that this matter be laid on the table. Yeas—Sammons, Gill, Causer, Lowe,"Iyers, Canpbell,Hoff man,Rog_a.lsky. Hay s--Comfort,Townsend. Carried, Assessments The Clerk reported that the Board of Public Works Confirmed, had duly levied assessments for the construction of curb and ;;utter during 1932 in Elm Street, Barton Place, Fall Creek Drive, Highland Avenue, So.Titus Avenue, headoT Street, Fourth Street, Fifth Street, Hancock Street , Columbia, Street and Mitchell St. , in the total sure of $9, 610.75 and that the schedule thereof had been filed with him with the request that the same be presented, and confirmed and levied by the CorYnon Council. 262 c.c. -3- 5-3-1933 By Alderman Sammons : seconded by Ald. Campbell: WHEREAS. the Board of Public Works levied assess- ments for various public improvements on Feb. S, 1933 and, after Public Hearing was held April 4, 1933 said Board duly adjusted and corrected said assess- ments as justice required and, WHEREAS said Board on April 12, 1933 finally approved said assessments and filed a schedule thereof with the CoLi:on Council for confirmation,now therefore, RESOLVED: that said assessments as finally approved and filed, be and they are in all respects approved and confirmed, and the City Clerlt directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of said assessments and the Mayor and City Clerk are hereby authorized and directed to execute said Warrant whereupon all said assessments shall become due and payable fror, the date of execution thereof, and on all such assess- ments or portions thereof remaining unpaid after the expiration of six months from the date of said Warrant, the City Chamberlain shall add and collect a percentage thereof at the rate of 5% per annum, and all properties having such assessments or portions thereof remaining unpaid on October 1, 1934 shall be included by the City Chamberlain in the City Tax Sale for the year 1934 in the manner provided by law, except and provided however that the City Chamberlain may allow any person to pay their assessment, if the total ariount exceeds Ten 010.00) Dollars in five equal annual installments with interest at 5% on or about June 1st in each year, provided however that any person desiring to pay by installments shall make application in writing to the City Chamberlain not later than 11ovember 10,1933,provided however that if and when any such installment payment shall become three (3) months overdue, then the total assessment and accrued interest against such property shall become due and payable and the City Chamberlain is hereby authorized and directed to include all such overdue installment paying properties in the sub- sequent City Tax Sale in like manner and as provided by law. Yeas--10 Nays--0 Carried. Bridge The Clerk reported that the Board of Public Works had passed the following resolution at their last meeting : "RESOLVED: that the Board of Public Works hereby ..advises the Council that in their judgment it is essential that the repair and reconstruction ofthe Stewart Avenue bridge over Fall Creek be undertaken this yeas; wherefore the Board respectively renews its request for the appropri=ation." By Alderman Conf ort-. seconded by Alderman Townsend: RESOLVED: that the recaa--_,endation and request of the Board be approved and $9, 500 or so much thereof as ray be necessary be and the same is hereby appro-- printed from the Improvement Fund for the reconstruc- tion of the Stewart Avenue Bridge over Fall Creek, Yeas---Causer, Co-ifort,Car.pbell,Townsend,Rogal sky. Nay s--Gill, Sax=ons,Lowe,Myers.Hof f::ian. There being a tie vote the Mayor voted Yes and declared the notion carried. Temporary The Clerk requested the Council to increase the Tax Loan amount they had authorized hire to borrow for the operation of various City Depa,rt:_Zents until taxes could be collected. By Alderman Causer: seconded by Alderman Rogalsky: RESOLVED:that the resolution adopted at the meeting of April 5,1933 with respect to Te•_1porary 'fax Loans be and the same is hereby amended to read as follows: RESOLVED: that pursuant to the provisions of the City Charter, Section 5 of the General Municipal Law and Section 20 of the General City Law, as aiiended, the City Clerk, from time to time as necessity may require, is hereby authorized to borrow for current 63 —4— City expenses and general care, maintenance and operation of the various offices and departments of the City of Ithaca, in the nar..ie ofaand,`on the credit of the City of Ithaca, New York, a mm or sums not to exceed 050,000 in anticipation of the collection of City taxes for the current fiscal year 1933, and the faith and credit of the City of Ithaca are hereby pledged for the payrlcnt and retirement of said tenporary loan out of the taxes to be received for the current fiscal year. Yeas--Gill, Say-dons,Lode, Causer, . ers,Co._zfort, Hof frla.n,Rogal sky,Townsend, Campbell. Days--0 Carried. Polling The Clerk stated that he understood that the Lacy Places recently enacted by the Legislature calling for a Designation vote on the repeal of the Eighteenth A iend-ient made it encumbent upon the Alderi:lan to designate at this tirlo polling places for such purpose;. By Alderman Causer: seconded by Alderman Corlfort: RESOLVED: that pursuant to the provisions of the Election Lai' the Co_z:soil Council hereby designates the following places in each of the Election Districts in the City of Ithaca for the forthcoming vote to be held Play 23, 1933 and in case any place designated cannot for any reason be used for such purpose the Clerk is hereby authorized and directed to secure and forthwith designate sorle other suitable place instead thereofi- First yard, lst Dist 111 Cliff St.B-eebe Mission Cha,pe , 2nd n 626 w. State,iJo. 6 Fire Station n " 3rd " 523 ru.Buffa,lo,City Pulping Sta. Second 71ard,1st It 136 1. State St,:05 Fire Station If if , 2nd " 201 y.ClintonSt,Red Cross Hdqts It it 3rd " 117 E.Gre en St.Lang's Garage Third Ward, 1st " 203 I?.Geneva St.Congregationa.l C it If , 2nd " 443 N.Tioga. St Free 1,11ethodist Ch. it it , 3rd " 119 Third St.lgorth Side House Fourth Ward,1st " 135 S.Aurora St Driscoll Bros. It " , 2nd " 212 E.Buffalo St Unitarian Ch. it It , 3rd " 311 College A. ;�9 fire Station th " 502 Hitchell St Belle Sherman S. Fifth :hard ,1st " 702 N.Cayuga St. ,tars,Grooms Gar. 2nd " 616 N.Aurora tir. Stubbs Garage , 3rd " 1012 N.Tioga St 71r7 Fire Station th " Basement Sibley College,Caripus Carried. The Alderman and Attorney discussed the desir- ability and legality- of saving a considerable expense to the taxpayers by having; a central registration place in connection with this voting. The Clerk reported that the Co._l.:lissio�lers of Election feel the use of their office as a central registration, place would give proper and ar_iple facilities for the fete parsons eligible to register and that they would favor the suggestion if it is le13al to do so. ,After careful consideration it was decided that it would be for the best interests of the taxpayers and voter, as well as v,ithin the spirit of the Law to have a central registration place for this particular voting;. By Alders-m-n Campbell: seconded by Ald.er::ian Gill: RESOLVED:that the Conlon Council hereby desig" nates as a central registration place for the City of Ithaca for I�_ay 13, 1933 the office of the Cori nissioners of Election' at IJ120 i1.Aurora St. Yeas--10 1days--0 Carried. 2 64 --5- Audit By Alder:_ian Causer: seconded by Ald. Hoffr_ian: RESOLVED: that the bills audited and al-)proved by the Finance Conrlittee be and the same are hereby in all respects approved, and-ordered paid. Carried. The 1:ayor reported that it was in order to adopt the Budget and that at tho request of nembers of the Council it was in order to r_love to go into Executive Session. By Alderman Hoffman: seconded by Alderman Gill: Executive RESOLVED: that the Council go into Executive Session Session. Alder:.lan Comfort questioned the propriety or advisability to go into executive session to adopt the Bud, et and it was a.-raed that the Session Mould be to di„cuss the Budget, and that it would be -adopted and the tax rate fixed in rOCular open sleeting. The yayor then called for a vote on the questionlwhich was as follows: Yeas--Gill, Causer, LoweiiMyer s, CcLmpbell,Hoffrzan Nay s--Sanr_ions,0omf Ort ,Townsend,Rogal sky Carried. The Council their dent into Executive Session. Fairgrounds The Coru_littee to investigate iar. l:icCor:_iick I s proposal for the City to purchase the Fairgrounds was continued with the understanding that the r::atter would be taken up with the Board of Education. a 15% cut in the Alderman Campbell suggested salaries of all City employees, and a lesser per- centage for the small wage earners fox the reason Wage out that the Department of Labor reported that the cost Considered of living had gone down about 239 throughout the Country. Alderman Rogalsky stated that the University had been obliged to cut 109, and recosrjended that all salaries and gages be cut 10%. An infor:_lal vote on this suggestion resulted in a tie. The i4ayor voted no explaining that he was not in favor of making a reduction of that amount or in that way, which, he explained, would include laborers, work relief er_,:ployees and special part tine and elective er.:ployees. Attorney Treman called attention to the legal restrictions and reMem6ments with respect to various classes of employees as well as the fact that the Council had no ir_2_�ediate jurisdiction over the salaries paid to most City employees. This led to a general inforrml discussion of the. entire problem which was thoroughly reviewed and presented pro and con by Alderman IFyers. By Al de r.-.lan Rogal sky: seconded by Al d. Campbell: RESOLVED: that every employee, receiving a salary of $1 500 and up, be requested to contribute 109' of his salary for the balance of this year beginning June 1,1933, said contribution to be held in a separate account in the General Fund,and if at the end of the yeas, we are livin within our income, the rsoney so contributed shall be returned,and if the expenses are not hithin the Budget appropriation then so much of said contribution as :_:ay be necessary, to balance the Budget shall be retained by the City for such purpose and the balance remaining returned pro rata to the employees �ho contributed. It was ;_loved by Alderman Causer, seconded by Aider:_Zan Sar�­,ons to amend this resolution reducing the percentage of contribution fro:_1 109' to 59' . It was then moved by Alderman Coy.lfort, seconded by Alder::lan. Hoff�ian, that said anancli:lent be amended to read that no contribution be requested of the City employees. 260 C.C. -6-- 5-3-1933• After so:1e discussion the question was called on the last ariend_lent and the vote stood as follows: Aye s--Sam-mons, Comfort, Totirnsend,Hof fnian Nay s--Gill, Causer, Lode,;fyers, Campbell,Rogal sky Ayes--4 xay s--6 The .`ayor therefore declared the motion lost and called for a vote on the original anend_zent to make the resolution read 5% instead of 10%. The roll call on this amendment stood as follows Ayes--Sar_z.ions,Causer, 'yers, Cofort,Townsend Hof f-ian. Mays---Gill, Lowae Ca_apbell,Rogalsky. Ayes--6 Nay s--� The Hayor therefore declared the motion carried and called for a vote on the oriminal resolution as amended. to read 5% instead. of 10�,. The roll call on the resolution as amended stood as follows: Ayes---S ar.r.�ons, Causer,I.1yers, Co:fort,Ca .lpbell, Townsend,Hoffman 1Jay s--Gill, Low7e,Rogtl svy Ayes--7 Nays--3 The :.iayor declared the :notion duly carried and suggested that the Committee :Ch,1Ar;:1at 'fake_ this matter up with their various departments. Budget & .The City Clerk reported that the Assess:--lent Roll Tax Rate for 1933 had been completed and footed and that it Adopted shooed a total taxable valuation of 038, 356, 857 ' which zomount, with the Budget as submitted in the 41mount of G'551,092 would per:ait of � reduction in the tax rate of 01.00 or a rate of 010. 60 per thousand. It was i::oved by Alder .ia.n Sarr:ons, seconded by Alderman Causer: WHEREAS the City Aszessment Roll for 1933 has been certified and filed by the City Assessor and has been completed and footed by the City Clerk and show7s the following valuations: Total Land? vbl ue 'll, 6r6 570 Total Bui 1 di n value S12 Total real property 63, 552, 7 Less real property exemptions 5� ,962, 6o Net taxable -property 37, 590025 Plus franchise valuations 766'.832 Total taxable valuation 38,3562857 AIdD 17 EREAS, the tax limit as prescribed by the City Charter is 5591, 217 for 1933 THEREFORE RESOLVED, that the requisitions and Budget as submitted in the total su:.z of 0551, 092 be ail- the sai::e are hereby ap-?roved and adopted, AND FURTHER RESOLVED: that the tax rate for general City purposes for the fiscal year 1933 be and the same is hereby established and fixed at 010. 60 per one thousand dollars of assessed valuation as shown, extended and certified on the 1933 City Tax Roll thereby making a total tax levy as near as may be of 14o6, 582. 69 and, FURTHER RESOLVED:that the said a:_.tiount be spread and levied against the respective tax valuations as shown on said roll and against the owners and unknoTm ' owners a-nd/or properties in accordance with their respective taxable valuations at the rate of 010. 60 per 01, 000 of taxable valuation an d, FURTHER RESOLVED: that upon the co:wpletion of such extension of the roll the Clerk prepare a Warrant on the City Chamberlain for the collection of said levy, and the ?,4ayor and City Clerk are hereby authorized and directed to sig,z and affix the Corporate Seal to such 74'arrant file the sa::we ,'Tith the said roll :ith the City Chay.lberlain, 266 C.C. -7- 5-3--1933• AND FURTHER ZSOLVED: that upon the execution and filing of said 17arrant and Tax Roll, the azlounts of the City Tax set opposite each and every property shall thereupon become tax liens due, payable and collectible in accordance with the provisions of the Laws ay)plicable thereto. AND RESOLVED FURTHER: that a?-)propriation is hereby nade in accordance with the Tax Budget as adopted to the respective boards, officers an(f departments for the purposes respectively setforth therein. Yeas--Sa°z:,ons, Causer,Lo��e; �Yers,Co;��fort, Car_ipbell, Townsend,Hoff:°ian Nay s--Gill,Roc-al sky C married APPROVEr, . . . . . . . . . . . . . . . . . . . . . . . . Mayor On motion ,-,eetinL) adjourned. `City Clerk