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