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HomeMy WebLinkAboutMN-CC-1939 COMMON COUNCIL PROCEEDINGS City of Ithaca, N.Y. Regular Meeting 5:00 P. M. January 4, 1939 PRESMIT . Mayor - Myers Aldermen - Thompson, 14azZa, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Adams Attorney - Powers - Engineer - Marble Clerk - Springer Chamberlain - Snyder Chief of Police - Marshall Welfare Director - Post Sealer of Sts. & Meas. - Gaurnier Forester - Baker MINUTES After correcting the result of the vote on item #161 in the budget taken December 19, 1935 , the minutes were duly approved. REPORT, SEALER OF WTS. AND I:EASURES The annual report of the Sealer was presented and read by Mr. Gaurnier. By Alderman Adams, seconded by Alderman Mazza: Resolved, that the report of Mr. Gaurnier be received and placed on file. Carried. REPORT, WELFARE DEPT. The annual report of the Welfare Dept. was presented and read by Mr. Post. By Alderman Gillette, seconded by Alderman Barns: Resolved, that the report of the Welfare Dept. be received and placed on file. Carried. REPORT, POLICE DEPT . The annual report of the Police Dept. was presented and read by Chief Marshall. By Alderman Vail, seconded by Alderman Adams: Resolved, that the report of the Police Dept . be received and placed on file. Carried. REPORTS, ASSESSOR, SI1KIXG FUYD COMMISSION The annual reports of the Assessor and Sinking Fund Commission were read by the Clerk. By Alderman Perry, seconded by Alderman Mazza:: Resolved, that the reports be received and placed on file. Carried. CITY CHAMBERLAIN Mayor Myers announced it would be in order at this time for the Council to appoint a City Chamberlain in accord- ance with the provisions of the City Charter. By Alderman Perry, seconded by Alderman ;Mazza: Resolved, that C. A. Snyder be appointed City Chamberlain for the ensuing term of 1 year. There being no other nominations, the motion was unanimously carried. APPOINTMENTS Mayor 11yers announced the following nominations for the Council' s approval: Acting City Judge L. M. Mintz 1 Year Commissioner Bd. of Public Wks. Roy P. Hopper 6 Years it Bd. of Health L. E. Patterson 3 Bd. of Health Mary 14. Peabody 3 " Bd. of Pb. Welfare Rev. Wm: Byrne 6 " Sinking Fund Lavere Robinson 3 By Alderman Thompson, seconded by Alderman Perry: Resolved, that all the persons hereinabove nominated by the Mayor be and they hereby are approved, and appointed to fill the various offices set opposite their respective names, for the specified terms. Carried. Common Council --2-- January 4, 1939 APPOINTMENTS Layor Id yers announced the following appointments for the Council' s approval: Associate Assessor E. E. Ingalls 3 Years Police Commissioner H. J. VanValkenburg 3 if Examiner - Board of Electricians R. F. Chamberlain 3 " if Board of Plumbers P. L.L. Donohue 3 " Commissioner - Planning Board L. Miscall 3 " Board of Appeals - Building Code Geo. A. Whipple 3 " Board of Zoning Appeals D. Boardman Lee 3 " The Mayor announced that two (2) additional appointments to the Planning Board would..•be made at a later date. By Alderman Hoover, seconded by Alderman Adams: Resolved, that all the persons hereinabove appointed by the Mayor be and they hereby are approved, to. fill the various offices set opposite their respective names for the specified terms. Carried. STANDI1IG COI;C-IITTEES The 11a.yor announced that -he would name the standing committees at a later meeting. REGULAR 1,1EETINGS By Alderman Perry, seconded by Alderman Hoover: Resolved, that the regular meetings of this Board be held on the first Wednesday of each month at 5:00 P. I::. in the Council Chamber, City Hall. Carried. 1939 DEPOSITORIES By Alderman Barns, seconded by Alderman Leach.tneauer: Resolved, that pursuant to the provisions of Sec. 33 of the Ithaca City Charter, the following official depositories are approved and designated for the current year: Tompkins County Trust Co. City of Ithaca General Fund ++ �+ it Water Fund it PayRoll Account " Sewage Plant Const. Acct. P.W.A. - N.Y. 1913 F " , Workmen' s Compensation Reserve (Int. ) it General Insurance Utility Tax Fund " Bd. of Fire Comm. V.V. Fire Assoc. " Firemen' s Relief Fund W1 . Nellie H. Ogden (Trust) . " if n Avis Carey n n It " ++ Storms Cemetery Fund Ithaca Savings Bank City of Ithaca :dire Comm. Rel. Fund (Int. ) " it Bd. of Fire Comm. V.V. Fire Assoc. " it Cemetery Trust Funds " it it l►r Old Age Security Trust (G.R.Green) " First National Bank City of Ithaca Bd. of Education General Fund +} n it Bd. of Education Real Estate it Bd. of Education PayRoll " Hospital Addition Const. Acct. P.W.A.-N.Y. 1480 F n " it Welfare Fund if Bd. of Fire Comm. Trustees Fire Rel. Fund +' n " Anna P. Thomas ' (Int. ) n " " Bd. of Fire Comm. Fire Rel. Fund Carried. OFFICIAL PAPER By Alderman Perry, seconded by Alderman Hoover: Resolved, that pursuant to Sec. 232 of the Ithaca City Charter , the Ithaca Journal be and the same hereby is designated as the official paper. Carried. 90 Common council -3-- January 4, 1939 PUBLIC OFFICIALS' BONDS By Alderman Adams, seconded by Alderman Vail: Resolved, that pursuant to Sec. 11 of the Public Official Law and Sec. 210 of the Ithaca City Charter the following public officials' bonds are approved for the year 1939: A. G. Stone Sinking Fund Comm. $1,000. #130328 Wm. H. Burns it n if 1,000. 191520 Lavere Robinson it It It 1,000. 191543 F. H. Springer City Clerk & Registrar 29000. 191513 Geo. A. Blean Deputy City Clerk 2,000. 191519 Alice E. Haywood Deputy Registrar & Clerk 1,000. 191519 R. L. Lamphier Clerk-City Clerk' s office 1,000. 191515 J. H. Post Director Public Welfare 1,000. 191516 H. M. Lull Aset. to Compt. in Welf. Dept. 2,000. 191512 J. J. Sinsabaugh City Marshall 1,000. 191514 C. A. Snyder City Chamberlain 25,000. 191509 u t, it n n 29,000. B376553-K Adeline C. Lull Clerk & Asst. to Chamberlain 5,000. 191511 Maola E. Myer Clerk-City Chamberlain' s Office 5,000. 191521 Ida M. Ferris It It if if 5,000. 191510 Carried. ACTING MAYOR Mayor Myers announced that it was in order to nomin- ate and elect the Acting Mayor. Alderman Perry nominated Alderman Barns, seconded by Alderman Hoover. There being no other nominations they were declared closed and the vote taken. Ayes 8 Nays 0 Carried. W.P.A. PROJECTS Engineer Marble reported receipt of advice from the local Director of the W.P.A. that present projects will be completed by February 1st , and that 27 men will be returned to the relief rolls unless further projects are provided. Mr. Marble stated that the Cliff St. sewer project was using all the men possible. Alderman Barns expressed the opinion that the Six Mile Creek project should have been approved by the Council as submitted in the budget by the Board of Public Works, and it was moved By Alderman Barns, seconded by Alderman Leachtneauer: Resolved, that the item of $5,925.00 as submitted in the Board of Public Works budget as the sponsor' s share of a W.P.A. project for clean up work in Six Mile Creek be and the same herety is approved and ordered restored to the budget as submitted by the Board of Public Works. Ayes 9 Nays 0 Carried. DEPOSIT OF STATE & COUNTY TAXES Chamberlain Snyder explained that since the banks are not required to furnish"depository bonds" he felt that State & County Tax funds should be deposited directly to the credit of Tompkins County. By Alderman Perry, seconded by Alderman Barns: Whereas, no security is now provided by depositories of City funds, and Whereas, the City Chamberlain collects state and county taxes , under warrant issued by the Board of Supervisors which funds have been carried heretofore in a special city account , and paid over to the County Treasurer periodically. Now Therefore Be It Resolved, that for the purpose of avoiding liability from the deposit of such funds in the name of the City of Ithaca, the City Chamberlain be authorized to deposit such county funds directly to the credit of the County of Tompkins, General Fund. Carried. Common Council -4-. ,Tanuary 4, 1939 SEWAGE PLANT BOND SALE The Clerk reported completion of arrange- ments for the sale on February 1, 1939 of t6$�,000.00 sewer bonds as approved and recommended by the Council. By Alderman Barns, seconded by Alderman Gillette: WHEREAS, the Common Council desires to make further provision for the issuance of the bonds hereinafter described: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca.: Section 1. The $68 ,750 of bonds of the City of Ithaca to be issued pursuant 'to the ordinance entitled "An Ordinance electing to issue �bC,8 ,75,0 of bonds of the City of Ithaca, pursuant to Article Seven of the Ceneral City Law of New York for the general purpose of pay?.ng the cost of constructing improvements and additions to the se­,,Jak;e treatment plant of said G;ty, and providing for the issuance and payment of such bonds" , adopted by the Common Council on the 2°'th day of November, 1938 , shall be designated "Sewer Bonds" ana shall be dated the lst day of February, 1939, and shall be pay- able in annual installments or series on February lst in each year as follows: X5,750 of bonds in the year 1940; yr5,000 of bonds in ea.^h of the years 1P41 to 1949, inclusive; and x,6,000 of bonds in each of the years 1950 to 1952, inclusive. Section 2. The interest on said bonds shall be payable semi- annually on each February lst and August let subsequent to the dare of said bends. Said bonds shall consist of one bond of the denomination of $750 and sixty-eight bonds of the denomination of '1,000 each. Said bonds of the denomination of ('1,000 shall be numbered from 1 to 68 , inclusive, in the order of their maturity. Suction 3. Said bonds shall be coupon bonds, convertible at the option of the holder into bonds registered as to both prin- cipal and interest , and shall be signed by the i, ayor and by the City Comptroller. The seal of said City shall be affixed to each of said bonds and shall be attested by the City Clerk of said City. The faith and credit of said City are hereby pledged for the payment of the principal of and interest on. said bonds as such principal and interest become due. Section 4. The City Clerk is hereby authorized and° directed to cause notice of the sale of said °7665",000 Sewer Bonds, numbered from 1 to 69 , inclusive, to be published in the manner provided by law. Said notice of sale shall be in substantially the follow- ing form: NOTICE OF SALE CITY OF XTHACA, NEN YORK 68,000 SE--TER BONDS Sealed proposals will be received and considered by tle 'Co.ninon Council of the City of Ithaca, at the City Hall in Ithaca, New York, until Wednesday, the let day of February, 1939, at 4 P. Iv . o ' clock (Eastern Standard Time) for the purchase of $65 ,000 Sewer Bends of the City of Ithaca. The bonds are dated February 1st , 1939 and are payable in annual installments on February let in each year as follows: •'5,000 of bonds in each of the years 1940 to 1949, inclusive, and 16,000 of bonds in each -of the years 1950 to 1952, inclusive. The bonds will be of the denomination of $1,000 each and will be eoupQn bonds with privilege of conversion into registered bonds. Both principal and interest will be payable in lawful money of the United States of America at The Chase National Bank of the City of New York , in New York City. Interest will be payable semi-annually on February lst and August 1st. Bidders are invited to name the rate of interest which the bonds are to bear. The rate named must be a multiple of one- quarter or one-tenth of one per centum, must not exceed six per centum, and must be the same for all of the bonds. The bonds will be awarded to the bidder offering to take them at the lowest rate of interest , at a price not less than par and accrued interest. As between bidders naming the same rate of interest, the amount of premium will determine the award. (9 Common Council -5- January 4, 1939 No bid for less than all of the bonds will be considered. The right is reserved to reject any or all bids. The bonds are authorized to be issued pursuant to the General City Law for improvements to the City' s sewer system. The City is authorized and required by lsw to levy on all taxable property of the City such ad valorem taxes as may be necessary to pay the bonds and the interest thereon without limitation a.s to rate or . amount . The successful bidder will be furnished with the opinion of Messrs. Reed, Hoyt , Washburn & Clay, of New York City, that the bonds are valid and binding obligations of the City of Ithaca.. Proposals may be mailed in a sealed envelope marked on the outside "Proposal for Bonds", and addressed to the undersigned City Clerk, City Hall, Ithaca, New York. Bidders must deposit with their bids a certified check for n1360. payable to the order of the City to secure the City against any loss resulting from a failure of the bidder to comply with the terms of his bid. Pur- ches6r must pay accrued interest from the date of the bonds to the date of delivery. No interest will be allowed upon the amount of the deposit made by the successful bidder. A detailed report of essential facts will be submitted to any interested bidder. The assessed valuation of the property subject to the taxing power of the City is 539 ,075,963; the total bonded debt of the City, including the bonds described above, is ; 2,045,000; the population of the City ccordingdto the most C re- cent United States Census is 20,729; war to does not include the debt of any other subdivision having pD levy taxes upon any or all of the property subject to the taxing power of the City. The fiscal year of the City begins on January 1st. The amounts of taxes levied by the City for the fiscal years 193 6) 1937 and 1939 were, respectively, " �`44i 439,977. 35, ,93 1.02 and 87,851. 43; the amounts of such taxes uncollected at the end of the respective fiscal yearswere None, None , and None, aind the amounts of such taxes which remained uncollected as of the date of this notice were, respectively , None, None, None. Taxes not yet levied for the current fiscal year. The City of Ithaca operates under a special Charter enacted by Chapter 503 of the Laws of 1908 of New York , and the amendments thereto. By order of the Common Council. Dated: January 4th, 1939• F. H. _ Springer, City Clerk Section 5. The Mayor, City Comptroller and City Clerk are hereby authorized and directed to execute said bonds. The City Clerk is hereby authorized to engage proper .bond counsel to pass upon the validity of the bonds and to engage competent parties to prepare and certify the bonds. Section 6. Sealed proposals for the purchase of said ; 69,000 Sewer Bonds shall be received and considered by the Common Council, and said bonds shall be sold, pursuant to and in accord- anoe. with said notice of sale. Ayes 9 Nays 0 Carried. I.Jayor Approved January 4, 1939 93 Common Council -6- January 4, 1939 ITHACA RAILWAY PETITION The Clerk reported that in connection with the petition presented and approved December 7, 1938, the Public Service Commission advise it will be necessary to receive the petition and set a date of a public hearing, and authorize public- ation and mailing of notices as required by law. By Alderman Vail, seconded by Alderman Gillette : Resolved, that the petition of the Ithaca Railways Inc. be received and that a public hearing thereupon as provided by law be held at the next regular meeting of the Council on the 1st day of February, 1939, at �+ o 'clock P. 17. at which time all persons interested in said matter shall be given an opportunity to be heard, and Be It Further Resolved, that notice of said public hearing be given by publishing, and mailing notice thereof as required by law. Carried. SEWING PROJECT 7- P.A. The Clerk called attention to the sewing project as prepared by the Welfare Department for submission to the Vi. P.A. He stated that the sponsor 's share amounting to $2607. 40 was included in the budget submitted by the Welfare Department. By Alderman Barns, seconded by Alderman Hoover: Resolved, that the sewing project be continued, and that the papers be completed for submission to the W.P.A. Carried. , DAMAGE CLAIM -The Clerk reported receipt of claims in the amount of 3500. and $2500. filed by Hazel H. Little and Amos F. Little of R. D.#1, Groton, N. Y. for da�:aages alleged to have been sustained when Hazel H. Little fell in the stairway at the comfort station in the parking area on November 30, 1938 and that the claim. had been referred to the City Attorney who recommended that it be re- jected. By Alderman Perry, seconded by Alderman Adams: Resolved, that these claims be rejected as recommended by the City Attorney. Carried. BUILDING CODE AJ�1 Di!=EKT Attorney Powers stated that since the model building code which is being prepared by the hayors Confer- ence has not been received, he felt that the amendment to the City ' s building code as submitted at, the December 7th meeting should be adopted, as there are a, number of signs in the City which may cause trouble. By Alderman Leachtneauer, seconded by Alderman Vail : Resolved, that the Building Code, Part VIII Article II (Paragraph 9201) be and hereby is amended to read as follows: Article II-Darguises and Projecting Signs Yo person shall place or maintain over or above any street, including public sidewalks, any structure sign or fixture which shall project over or above said street more than 6 inches, ex- cept as hereinafter provided. (A) Awnings No person shall place or maintain any awning over any sidewalk, unless the same shall be made of cloth or can- vas and supnorted 'by iron rods, and unless every part of such awning shall be at least seven feet above the sidewalk. (B) marquises marquises constructed wholly of iron or steel and with wire glass in the top thereof may be placed over the public entrances of stores, theaters and hotels and may extend to the curb only on streets where the sidewalk occupies the entire space from the building line to the curb. On streets where there is a .parking between the outer edge of the sidewalk and the curb, such marquises shall not extend beyond the outer edge of the side- walk. The lowest edge of any marquise shall not be less than nine and one-half (9 1) feet above the sidewalk. Marquises must be securely fastened to the structure of the building, supported as to its outward projection by means of tie rods or chains securely fastened both to the building above the marquise and to the structure of the marquise. Ornamental iron or steel brackets may also be included in the design of such marquises extending down on the wall of the building to a point not less than eight (8) feet above the sidewalk at the wall of the building. Electric lights may be used in the illumination of :marquises. Common Council -7- January 4, 1939 (C) Signs No unlighted projecting signs shall be permitted and all projecting signs shall be illuminated from one hour after sunset until 11:00 P. ii. every night. Such signs shall be erected as provided in the next Article. Building Code, Part VIII, Article VI par. 5602 is hereby amended to read as follows: Permit Before the erection of any marquise or sign, a permit for the erection of the same shall have been obtained from the Building Commissioner. Each application for such a permit shall be signed by the owner or owners and by the lessee or lessees of the property on which such marquise or sign shall be erected, or otherwise embody their written consent. In the case of marquises or signs projecting over a street, an indemnity bond or a policy of public liability insurance en- dorsed to show the interest of the City of Ithaca or certificate thereof, in a sum not less than 0000. written in an insurance company satisfactory to the City Clerk, and to his satisfaction indemnifying or protecting the City of Ithaca against loss, shall be filed with the City Clerk as a prerequisite to obtaining a permit and such permit shall be valid and such marquise or sign may be maintained only so long as such bond or insurance shall be kept in full force and effect. Where, in the opinion of the Building Commissioner an unusual hazard is involved the minimum bond or insurance required -nay be increased by the Commissioner to a sum not exceeding $25, 000. All marquises and projecting signs now existing without such bond or insurance shall be re- moved forthwith unless such bond or insurance is furnished and kept in effect. Chapter 3 Section 2 of the City Ordinances is hereby rex)ealed. Effective upon publication. Carried. TRAFFIC CONTROL Attorney Powers reported that the committee on traffic control has completed arrangements for the new traffic rules prohibiting left turns on State St. and that these rules will be effective January 16th. He asked the Council to appropriate $100. for the purchase of signs, and other expenses in connection with the committee 's work. By Alderman Adams, seconded by Alderman Leachtneauer: Resolved, that the sum of $100. be included in the 1939 budget for traffic control and designated as f131 in said budget. Carried. REPAVING ASSESSUENTS Attorney Powers presented the following draft of a proposed local law amending local law IP2 - 1933 rela- tive to paving assessments, and stated that action must be de- ferred until the period required by Section 13 of the City Home Rule Law shall have elapsed. Be it enacted by the Common Council of the City of Ithaca, as follows: Section 1. Section 154 of the Ithaca City Charter, being chapter five hundred and three of the laws of nineteen hundred eight as last amended by local law number two, nineteen hundred thirty-three, is hereby amended to read as follows: Section 154 - 1 The Board, on its own motion or upon petition of owners of abutting property, may consider and tenta- tively authorize the paving, repaving, resurfacing, or surface treatment of any street or portion of a street, and the construc- tion of curbs and gutters in any street or portion of a street, and determine all matters relating to the type, materials and method of construction thereof. The Board may hold a public hearing in regard to any such improvement, and shall hold such a hearing whenever such improvement is assessable as hereinafter provided, after giving notice by publication at least once in a local newspaper not less than five (5) clays before such hearing. The Board shall make an estimate of the cost of such proposed improvement and file with the Common Council such estimate and a requisition for appropriation of the funds necessary for the work. Common Council January 4, 1939 2. For the purpose of this section, the following definitions of terms shall be controlling: PavinE A roadway constructed of concrete or constructed with a base course and a wearing course consisting of blocks, slabs, asphalt or equivalent. Repaving Renewal of a pavement. Resurfacing Renewal of the surface of a pavement. Surface Treatment Treatment of the surface of a roadway with bituminous material. 3. The cost of the original paving of any street shall be borne as follows: The area of street intersections and forty per- cent (401o) of the remainder of such original paving shall be a char e against the city at large, and the balance, sixty percent ( 60T%� of such remainder, shall be a charge against the abutting properties, apportioned according to their respective foot front- ages. The cost of repaving any street shall be borne as follows: The area of street intersections and seventy percent (70jo) of the remainder of such repaving shall be a charge against the City at large, and the balance, thirty percent (30`0) of such remainder, shall be a charge against the abutting properties, apportioned according to their respective foot frontages, except that in no event shall the assessment Der front foot levied hereunder against abutting properties exceed the sum of one dollar ($1. 00) and the excess over such sum shall be a charge against the City at large. The cost of resurfacing and surface treatment shall be charged against the City at large, and no part of such expense shall be levied against the owners of abutting properties. 4. The cost of original curbs and gutters, when constructed in connection with the original paving of a street, shall be in- cluded in the cost of the improvement and assessed accordingly. Sixty percent {60 ) of the cost of original curbs and gutters otherwise constructed shall be charged to the abutting owners, except as to such portion as may lie within street intersections, which shall be a charge upon the City at large. The cost of re- newal or repair of curbs and gutters shall be a charge upon the City at large. 5. Upon the completion of any improvement, of which all or any part of the cost is charged to abutting owners as above pro- vided, the Board shall cause to be prepared a map and a statement showing the cost thereof and the apportionment and assessment against the respective properties benefited and shall give notice by publication three times in a local newspaper of a public hearing thereon on a date specified, which date shall be-',not less than ten (10) days from the first publication at which time any person in- terested may appear and be heard in relation thereto. The Board may thereupon alter or correct any such assessment as justice -may require, finally approve the same and file a schedule thereof with the Common Council which shall confirm the same, and when so confirmed the amount of each assess- ment shall be a lien upon the real property so assessed. The Council may prescribe and apportion deferred payments, make such regulations as may be dee°ned advisable for the payment thereof and provide for a percentage addition to any such deferred payments at a rate not exceeding six per centum ner annum, to be determined and fixed by said Council, together with any fees and expenses which may be incurred in connection therewith. Such assessments, percentages, fees and expenses shall be collected in the manner provided for the enforcement, levy and collection of City taxes. 6. This section shall apply to all street improvements here- in mentioned and as to such improvements shall supersede the pro- visions of section 153 so far as the same may be inconsistent herewith. 96 Common Council -9- January 4, 1939 Section 2. This local law shall apply to all street improve- ments completed or in process of construction for which no assess- ment shall have been finally confirmed and levied prior to the effeoti.ve date hereof except that it shall not apply so as to make assessable any street improvement heretofore authorized and now in process of construction where such authorization was had under the provisions of this section as amended by local law number 2, nine- teen hundred thirty-three, and was not assessable thereunder. Section 3. This local law shall take effect pursuant to the provisions of sections sixteen and seventeen of the City Home Rule Law. AUDIT By .'alderman Barns, seconded by Alderman Hoover: Resolved, that the bills approved and audited by the Fin- ance Committee be and the same hereby are approved for pay_:nert. Carried. POSTAGE IMMER Alderman Barns stated that as soon as the Postage meter is installed, all city departments should arrange to put their mail through the meter, and thus eliminate the need of other forms of postage. By Alderman Barns, seconded by Alderman Adams: Resolved, that it is the sense of this Board that all de- nartments in the City be required to put all outgoing mail through the Postage %Teter, and that the Clerk be directed to notify all departments to this effect. Carried. On motion the meeting was adjourned to reconvene at the call of the Mayor. 7 F. H. ringer City Clerk COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 4:00 P. x. February 1, 1939 PRESENT Mayor - Myers Aldermen - Thomnson, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Commissioner - Kiscall Attorney - Powers Clerk - Springer Engineer - Tarble Police Chief - Marshall Police Comm. - VanValkenburg Chamberlain - Snyder Bldg. Comm. - Lunn MINUTES 2inutes of the preceding meeting were duly approved. BOND SALE 'Kayor Myers announced that the advertised time limit for receiving bids for the purchase of the $68,000 Sewer Bonds had elapsed and that therefore it was in order to consider such bids as had been duly filed. The Clerk, being authorized, opexed and read the following proposals: Bidder Int. Rate Price Halsey, Stuart & Co. , Inc. 1. 60% $68, 326. 4o C. F. Herb & Co. 1. 60 65, 204. 00 C. F. Childs & Co. - Sherwood & 1. 6o 650197.00 Reichard Barr Bros. & Co. , Inc. 1. 6o 65, 134. 91 The Marine Trust Co. & R. D. White & Co. 1. 60 65, 101. 50 Salomon Bros. & Hutzler 1. 60 65, 069. 00 Adams, 2icEntee & Co. j, Inc. 1. 6o 65, 061. 20 Geo. B. Gibbons & Co. , Inc. 1. 60 68,049. 60 Union Securities Corp. 1. 6o 65, 034. 00 Manufacturers & Traders Trust Co. 1. 60 681026- 52 All bids accompanied by certified check in the amount of $1, 360. 00 By Alderman Rogalsky, seconded by Alderman Gillette: Resolved, that the sale of the w65, 000 Sewer Bonds be and the same hereby is awarded to Halsey, Stuart & Co. , Inc. of 35 Wall St. New York, N. Y. , in accordance with the terms of their low bid, at an interest rate of one and sixty one hundredths (1. 601o) per annum and at a price of 05, 326. 40 plus accrued interest to date of de- livery of the bonds. Ayes 9 Thomnson, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Nays 0 Potion Carried. Submitted to :;le and approved this 2nd day of February, 1939• ay or ' hoved by Alderman Rogalsky, seconded by Alderman Gi ette: WHEREAS, the Common Council has duly received sealed proposals for and has sold $65, 000 Sewer Bonds of the City of Ithaca author- ized to be issued by the ordinance adopted by the Common Council on the 25th day of November, 1935, and the Common Council desires to make further provision for the issuance of said bonds: NOA, THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca as follows: 44 8 Common Council -2- February 1, 1939 Section 1. The $68, 000 Sewer Bonds of the City of Ithaca dated the lot day of February, 1939, authorized to be issued by the ordin- ance adopted by the Common Council on the 28th day of November, 1938, consisting of the bonds numbered from 1 to 68, inclusive, shall bear interest at the rate of one and sixty one hundredths per centum (1. 60%) per annum, payable semi-annually on February let and August let. Section 2. Each of said $69, 000 Sewer Bonds shall be issued in substantially the following form: No. UFITED STATES OF AZXRICA No. STATE OF FEW YORK CITY OF ITHACA $1, 000. SEWER BOND $19000. The City of Ithaca, a municipal corporation in the County of Tompkins and State of New York, for value received hereby acknow- ledges itself indebted and promises to pay to the bearer, or, if this bond be registered, to the registered owner, his legal repre- sentatives, successors or assigns, the sum of ONE THOUSAYD DOLLARS ($1,000.00) on the let day of February, 19_ _ ___, with interest thereon from the date hereof at. the rate of per centum ( �o) per annum, payable semi-annually on each February let and August let subsequent to the date of this bond, upon presentation and surrender of the annexed interest coupons as they severally become due, or, if this bond be converted into a registered bond, to the registered owner, his legal representatives, successors or assigns. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of The Chase National Bank of the City of New York, in the Borough of L'anhattan, City and State of New York. At the reauest of the holder of this bond, this bond will be converted into a registered bond, in accordance with the provisions of the General ) unicipal Law. If so converted, this bond will be transferable only upon presentation to the City Clerk with a. written assignment duly acknowledged or proved, at which time the name of the assignee will be entered hereon and in the books kept for that purpose in the office of said City Clerk. This bond is one of an issue of bonds of like date and tenor, except as to maturity, and is issued pursuant to the provisions of Article Seven of the General City Law of New York, and pursuant to an ordinance duly adopted by the Common Council of said City on the 28th day of November, 1938. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of New York to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the issue of bonds of which this is one, together with all other indebtedness of said City, is within every debt and other limit prescribed by the Constitution or statutes of said State, and the full faith and credit of said City are hereby pledged for the punctual payment of the principal of and interest on this bond in accordance with its terms. IF bITNESS WHEREOF, said City has caused its corporate seal to be hereunto affixed and attested by its City Clerk, and this bond to be signed by the kayor and City Comptroller of said City, and the annexed counons to bear the fac-simile signature of said City Comptroller, and this bond to be dated February 1, 1939• clay or ATTEST: City Comptroller City Clerk Common Council -3- February 1, 193x'° �9 Section 3. Each of the interest coupons to be attached to said bonds shall be in substantially the following form: No. $ February, On the let day of August, 19 , the City of Ithaca, in the County of Tompkins and State of New York, will pay to the bearer the sum of DOLLARS ($ ) in lawful money of the United States of America at the principal office of The Chase National Bank of the City of New York, in the Borough of Hanhattan, City and State of New York, being six months interest then due on its Sewer Bond, No. , dated February 1, 1939• City Comptroller Section 4. There shall be endorsed upon each of said bonds provisions for the registration of said bonds in substantially the following form: rvE HEREBY CERTIFY that upon presentation of the within bond with a written request by the owner thereof (hereinafter named) for its conversion into a registered bond, we have this day out off and destroyed coupons attached thereto, numbered from to inclusive, of the amount and value of Dollars ( ) each, amounting in the aggregate to Dollar,s ( ) , and that the interest, at the rate of per centum ( ;o) per annum, pay- able semi-annually on the let days of February and August in each year, as was provided by the coupons, as well as the principal, is to be paid to , legal representa- tives, successors or assigns, at the principal office of the Chase National Bank of the City of New York, in the Borough of ,:anhattan, City and State of New York, the place stated in the coupons. And the undersigned City Clerk hereby further certifies that such bond was this day registered in the name of said payee in the books kept in the office of the City Clerk. IN 7ITNESS THEREOF, we have hereunto set our hands and the seal of the City of Ithaca, this day of 19 31ay or City Comptroller ATTEST: City Clerk (No writing below except by the City Clerk) Date of Name of Registered Registered Registration Transferee by City Clerk : City Clerk Section 5. The mayor, City ComptToller and City Clerk are hereby authorized and directed to execute said bonds. The City Comptroller is hereby authorized and directed to deliver said bonds to upon receipt of the purchase price of said bonds in accordance witli the terms of the award made by the Common Council on the let day of February, 1939. Ayes-9 Nays-O Motion Carried Approved February 2, 1939 '44 -All -C 31:ay or Common Council - -- February 1, 1939 TRAFFIC CONTROL r:r. Ralph C. Smith, with several merchants from E. State Street appeared to protest, adoption of an ordinance at this time, prohibiting the left turns at Aurora, Tioga and Cayuga Streets on State Street. Several merchants voiced their objections to the plan. Attorney Powers read the following proposed ordinance. Chapter VI of . the Ordinances of the City of Ithaca is hereby amended by adding a new section to be designated Section 15, as follows: Section 15 - Yo Left Turns - Between the hours of 5 A. K. and 7 P•. h- from. ' onday to Friday inclusive, and between the hours of 5 A. ii. and 9: 30 P. H- on Saturday, no vehicle shall make any left turn at the intersections of State Street with Aurora, Tioga and Cayuga Streets, provided however that during the hours when this regulation 'is effective there shall be posted consnicuousl'y at each such intersection a sign or signs indicting that such turns are pro- hibited. If in the opinion of the Chief of Police, or in his ab Bence the officer in charge of the department, traffic conditions at any time during the hours above specified do not require the en- forcement of this regulation, he may cause the signs to be re=moved and this regulation shall not be effective during the hours when such signs are not posted. Alderman Rogalsky suggeuted trying the experiment of turning off the traffic lights at these intersections during rush t=ours and officers be detailed to handle the traffic. By Alderman Gillette, seconded by Alderman Adams: Resolved, that the proposed ordinance be laid upon the table until furtier study is made. Carried. ITHACA RAIL"AY INC. PETITION : ayor 11yers opened the public hearing duly advertised for this time to hear any person interested in the application filed December 7, 1935 by Ithaca Railway Inc. for consent to changes in routes over certain streets in the City of Ithaca as specified in said application. No one appeared in opposition to the petition, and it was moved, By Alder=man Rogalsky, seconded by Alderman Adams: WHEREAS, a public hearing has just been concluded with no appearance in opposition to the application of the Ithaca Railway Inc. , now therefore : RESOLVED, that consent be granted as requested, subject, however, to such rules, regulations and ordinances as are now i1i effect or may hereafter be adopted. Ayes-9 Nays-0 Carried and Approved. FLOOD CONTROL DA- S Commissioner Taiscall reported that through the efforts of various persons, all had been introduced before the State Legislature asking for an appropriation of $500,000. to construct flood control dams in Enfield, Buttermilk and Taughannock Creeks, and thought that it would be well for the Council to mem- orialize the Senate and Assembly, and Governor requesting them to approve4, and sign the bill. By Alderman Adams, seconded by Alderman Barns: Resolved, that the City Attorney and Commissioner :Miscall be authorized to prepare a letter of transmittal. Carried. BUILDING PEFU.MS Commissioner 1:iscall stated that various union leaders have reported to him that out of town contractors are doing work in Ithaca who have not complied with the rorkmen's Compensa- tion, and Social Security laws. mayor yers assured 11r. 2-Miscall and the Council that the Building Commissioner is investigating all applicants for permits, to correct this condition so far as possible. STREET LIGHTI1TG BUDGET The Clerk reported that the Board of Public Works have authorized the installation of 2 new boulevard lights on E. State Street, and have requested an increase of $700. in the budget for street lighting. By Alderman Rogalsky, seconded by Alderman Vail : Resolved, that the sum of $700. or so much thereof as maybe required be and the same hereby is appropriated from current sur- plus, for the purpose of installing these lights. Carried. Common Council -5- February 1, 1939 f� f 5:00 P. 1:. Alderman Mazza arrived. PETITION, ZONE _CHANGE The Clerk read a petition signed by 12 residents of the 300 block of S. Corn Street requesting change in zoning from "A" residential to commercial classification. By Alderman Vail, seconded by Alderman Adams: Resolved, that the petition be referred to the Planning Commission for recommendations: Be It Further Resolved, that after approval by the Planning Commission, the Charter & Ordinance committee of the Council be and they hereby are authorized to receive the report and advertize hearing for next Council meeting. Carried. S. TREI'AINE LETTER RE 1.0NICIPAL SECURITIES A letter from Conptroller Tremaine requesting city officials to convey their views to Senators and Representatives in Congress in regard to removing the tax-exempt feature from municipal bonds. By Alderman Perry, seconded by Alderman Adams: Resolved, that the 14ayor and City Clerk be authorized and directed to write letters opposing removal of tax-exempt feature from municipal bonds, to the United States Senators from New York and to our Representative in Congress, Ayes S Thompson, 11azza, Hoover, Barns, Leachtneauer, Perry, Rogal sly, Adams Nays 2 Gillette, Vail motion Carried. ANNUAL REPORT VET. VOL. FIREIEN'S ASSOC. The Clerk read the annual reort for the year 193 as presented by the Secretary of the associ pation, which was accepted and ordered filed. ANNUAL REPORT BUILDING COVIIISSIONER The Clerk read the annual report for the year 1938 as presented by the Building Commissioner, which was accepted and ordered filed. LIBRARY C0a.0 ITTEE LETTER Hayor "Lryers reported receipt of a letter frown Hr. H. G. Stutz, Librarian, suggesting study of the possibilities of remodeling the existing library building. By Alderman Rogalsky, seconded by Alderman 1:azza: Resolved, that the matter be referred to the Board of Public Works for study and report to the Council. Carried. SENECA STREET PARKING Attorney Powers explained that the traffic committee have recommended reduction of parking time from 2 to 1 hour on the south side of Seneca Street from Albany to Tioga, and submitted a proposed amendment to the City ordinances. By Alderman Adams, seconded by Alderman Leachtneauer: Resolved, that Chapter VI Section 2a and 2b of the City ordinances be amended as follows: Chs¢ter VI. Section 2a, "Two Hour Parking, " is hereby amended by striking therefrom the following: "Seneca Street - south side - between Albany and Tioga Streets. " Chapter VI. Section 2b, "One Hour Parking, " is hereby amended by adding the following: "Seneca Street - south side - between Albany and Tioga Streets. " Ayes 10 Nays 0 Carried and Approved. PARKING _iETERS Alderman Perry asked what had been done in regard to the investigation of parking meters, and alderman Vail reported he had collected considerable data on the subject. By Alderman Perry, seconded by Alderman :iazza: Resolved, that discussion of parking meters be made a special order of business at the next -neeting of the Council. Carried. PRIVATE ENCROACHIXXTS .attorney Powers stated that since the amendment to the Building Code, relative to marquises and project- ing signs was adopted on January 4, 1939, it had been found that the City can obtain insurance covering all private encroachments at about . 42 per property, with a minimum premium of $20. per year. He explained that the present ordinance which reauires property owners to furnish the City with an indemnity bond or a policy of public liability insurance, costs the owner from X2. 50 to 412. 50 whereas, with a policy issued to the City all expense could be cared for by a charge of X1. 00 for each permit issued for encroachment. `O Common Council -6- February 1, 1939 By Alderman Leachtneauer, seconded by Alderman Vail: Resolved, that Chapter III of the City Ordinances be and the same hereby is amended as follows: Chapter III of the City ordinances is hereby amended br adding a new section to be designated Section 2, as follows: Sec. 2 - Private Encroachments. (a) No person, whether as owner or tenant shall hereafter erect or maintain or permit the erection or maintenance of any en- croachment in, upon or over any public street without first obtain- ing and keeping in effect a permit therefor. "Encroachments" shall include, but shall not be limited to, signs, awnings, canopies, cellar entrances, coal holes, manholes, marquees, sidewalk elevat- ors or hoistway openings or sidewalk vaults, and shall also include such driveways as in the opinion of the Building Commissioner are so constructed or used as to create a permanent or continuously re- curring obstruction to the normal use of any street or sidewalk. "Public street" shall include the entire right-of-way and shall in- clude public sidewalks. (b) Encroachment permits shall be issued by the Building Commissioner upon application by the owner or tenant. Such permits shall specify the name of the person to whom issued, the location of the premises and the encroachments included in the permit; addi- tional encroachments may be endorsed upon such permits and shall not be permitted until so endorsed. Each permit shall cover only one building or lot. Permits issued to owners may include all en- croachments on or connected with the premises; permits issued to tenants shall include only encroachments maintained or controlled by such tenant. ( c) All permits and renewals thereof shall expire on the first day of January next following their date of issuance or renewal. The fee for permits and renewals thereof shall be $1.00.. (d) The permit provided by this section shall be in addition to any permit required by the Building Code or other ordinance of Rule of the City of Ithaca and shall not release any person from any duty or liability imposed by the Building Code or any other ordinance or rule. (e) The continuance of existing encroachments without the permit herein required is prohibited. ( f) Any person now having on file a bond or policy of insur- ance as required by the Building Code Fart VIII, Article VI, Para-graph 8602 as amended January 4, 1939, shall be entitled to a permit without charge until the expiration of such bond or in- surance, not including renewals. Violation of this ordinance shall constitute disorderly con- duct. Part VIII, Art. VI paragraph 8602, last paragraph, as amended January 4, 1939 is hereby repealed. This ordinance shall take effect earth 6, 1939• Ayes 10 Nays 0 Carried and Approved. STOP LIGHT ELEMOOD AVE. - ITHACA ROAD Police Commissioner VanVa ken urg reported rectipt of a petition signed by 63 residents of Bryant Tract requesting installation of a stop light at the intersection of Elmwood Ave. and Ithaca Road for the protection of children on their way to and from shcool. The Commissioner felt that the installation of a yellow blinker with special signs would answer the purpose. By Alderman Rogalsky, seconded by Alderman Perry: Resolved, that the matter be referred to the Police committee with power. Carried. AUDIT By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that the bills approved and audited by the Fin- ance Committee be and the same hereby are approved. Carried. LOCAL LAre REPAVIYG ASSESS3iEITTS By Alderman Adams, seconded by Alderman Leachtneauer: Resolved, that the proposed Local Law amending Local Law jp2 1933; which was presented January 4, 1939 be "taken off" the table. Carried. Common Council -7- February 1, 1939 By Alderman LeF,chtneauer, seconded by Alderman r:azza: Resolved, that Section 1, Paragraph 3 and Section 2 of the Local Law be amended as follows: Section 1, Paragraph 3. The cost of the original paving of any street shall be borne as follows: the area of street inter- sections and forty percent (40p) of the remainder of such original paving shall be a charge against the City at large, and the bal- ance, sixty percent (60%) of the remainder, shall be a charge against the abutting properties, apportioned according to ti:eir respective foot frontages. The cost of repaving any street, for the paving or repaving whereof a local assessment shall have once been levied, and the cost of resurfacing or surface treatment, shall be a charge against the City at large, and no part of such expense snail be levied against the owners of abutting properties. Section 2. After words "heretofore authorized or '-now" add "completed or" . Ayes 5 Thompson, Mazza, Barns, Gillette, Leachtneauer Yays 4 Hoover, Vail, Perry, Adams Alderman Rogal sky did not vote The 1 ayor declared the amendment. Carried. In accordance with Section 13 of the City Home Rule Law, the Local Law as a-mended,was ordered "tabled" until seven days shall have elapsed. On motion the meeting was adjourned to reconvene at the call of the Mayor. 3J� �lt"' F. Springer City Clerk ,L COMMON COUNCIL PROCEEDINGS City of Ithaca, N.Y. Regular Meeting 5: 00 P. L. March 1, 1939 PRESENT Mayor - Myers Aldermen - Thompson, Mazza, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Commissioner - Miscall Attorney - Powers Clerk - Springer Engineer - Marble Chamberlain - Snyder Fire Dept. Chief - Reilly MINUTES Minutes of the preceding meeting were duly approved. ANNUAL REPORT CITY CHAMBERLAIN The annual report of the City C am erlain was presented and read by Mr. Snyder. By Alderman Adams, seconded by Alderman Barns: Resolved, that the report of the City Chamberlain be accepted and placed on file. Carried. TEMPORARY LOAN The Clerk explained it would be necessary to borrow funds in anticipation of taxes before the next Council meeting. . By Alderman Barns, seconded by Alderman Adams: Resolved, that pursuant to the provisions of Section 46 of the Ithaca City Charter, being Chapter 503 of the Laws of 1909 as amended by Chapter 57 of the Laws of 1936, the Iayor and City Clerk hereby are authorized to borrow money in the name of and on the credit of the City of Ithaca for current City expenses nor- mally paid out of the regular' tax levy and for the purposes for which such taxes are or may be levied by the issuance of a neggo- tiable tax anticipation note in an amount not to exceed X50, 000. in anticipation of the collection of City taxes for the current fiscal year of 1939; and the faith and credit of the City of Ithaca hereby are pledged for the payment and retirement ,of such temporary loan before the close of said fiscal year and 'out of the taxes to be received for the current fiscal year. Ayes 10 Nays 0 Lotion Carried. Approved this 1st day of March 1939 oseplf B. 11yers Y16yor TRANSFER OF PRISONERS TO JX38VILLE The Clerk called attention to two bills amounting to 1. 0 received from Sheriff Harrison Adams for transferring prisoners to Jamesville, and explained that in the new County arrangement, this would be a regular charge to the City, and it would be necessary to provide funds to pay these 'bills. By Alderman Leachtneauer, seconded by Alderman- Mazza: Resolved, that the two bills amounting to $41. 60 be paid from the police budget. Be It Further Resolved, that the addition of $100.00 to the police budget be considered when the 1939 budget is finally adopted Carried. PURCHASE OF 5 TON ROLLER The Clerk reported that the Board of Public Works has requested the Council to approve the -purchase of the 5 ton roller, ' funds for which are set up in the tentative budget. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the purchase of the roller be and the same hereby is approved. Carried. �O'WER GRADER The Clerk reported that the Board of Public Works has requested the Council to appropriate the sum of $2, 500.00 toward the purchase of an additional power grader. By Alderman Leachtneauer, seconded by Alderman Aazza: Resolved, that the matter be referred to the Finance Committae_ for consideration. Carried. Common Council -2- March 1, 1939 /0 r . 4A a VOTING 1a- CHINES The Clerk called attention to a communication from the Automatic Voting Machine Company, offering better than, ., the custa-Mry $50. 00 allowance for old machines with the purchase of new voting machines. By Alderman Perry, seconded by Alderman Vail: Resolved, that the matter be referred to the committee con- sisting of the Mayor, Alderman Barns and Clerk Springer. Carried. ZGNE OHANOZE PETITION The Clerk reported that the petition re- change in zoning from "A" residential to commercial classification of the 300 block of S. Corn Street war, referred to the Planning Commission, who recommend that the zone "be not changed". By Alderman Vail, seconded by Alderman Hoover: Resol-Ted, that a public hearing be held at the next regular meeting of the Council, April 5, 1939, on the petition to change zone of the 300 block of S. Corn Street. Carried. DAMAGE CLAIM The Clerk reported receipt of a claim in the amount of $5, 000. 00 filed by August E. A. Thoumire of 113 Titus Avenue for damages alleged to have been sustained when he fell on side- walk on bridge on S. Cayuga Street. By Alderman Adams, seconded by Alderman Perry: Resolved, that the claim be referred to the City Attorney for further investigation and report. Carried. CITY ORDINANCES Attorney Powers presented a list of 16 section of ordinances relating to traffic, which he stated should be' re� pealed or amended. By Alderman Perry, seconded by Alderman Barns: Resolved, that the list be referred to the Charter and Or- dinance Committee for study and report. Carried. TRAFFIC COMMITTEE REPORT The City Attorney presented and read a report of the work of the committee on Traffic Control. By Alderman Perry, seconded by Alderman Hoover: Resolved, that the report be received and the committee con- tinued. Carried. CITY HOME RULE LAW Attorney Powers presented a draft of "Aa Act" to amend the City Home Rule Law generally, and stated that the copy would be filed with the Clerk. APPOINTMENT POLICE COM1,1ISSIONER Mayor Myers announced the ap- pointment of Melvin G. Comfort to the office of Police Commission- er to complete the unexpired term of H. J. VanValkenburg, deceased. By Alderman Adams, .seconded by Alderman Hoover : Resolved, that the appointment be and the same is hereby approved. Carried. AUDIT By Alderman Rogalsky, seconded by Alderman Hoover: Resolved, that the bills approved and audited by the Fin- ance Committee be and the same hereby are approved for payment. Carried. BUDGET Alderman Barns stated that after making a study of the budget he wished to make the following suggestions and have the&& incorporated in the minutes: "I believe that our citizens want more publicity on the wel- fare situation and that they will expect us to do something to prevent the rise in costs. Stories afloat indicate that there are many getting welfare and supplementation when they are already earning sufficient to care for their needs. These stories must be followed up for they surely have foundation. There are many on the relief rolls who are wearing better clothing than those who have to pay the bills. There are those getting clothing; who do not pretend to make it serve its useful- ness. Therefore, I think that we should leave no stone unturned at the beginning of warmer weather to see that our rolls are com- pletely purged of chiselers. /C? Common Council -3- March 1, 1939 "Old age recipients are getting enough so that they are able to enjoy better conditions than -they are used to. Closer scrutiny of these conditions must be made if we are able to do any work with the boards this year. In general, our costs are too high. The clamour for complete snow removal when we could have gotten on with less. Could have eliminated overtime payments for labor etc. by closer management, would have saved funds for real needs. I an sure that there is too much equipment purchase at this time and want our depart- ments all to know that they have to quit buying so much until we get caught up paying'for= same. Our finance committee are not conjurers and can only see our way to raise the meager needs of the routine costs. We recommend that the Mayor does not appoint another patrol- man at this time and that the force consider ways to get better service from the present menr. By A14emln Vail, seconded by Alderman- Adams: Resolve., that the suggestions made by Alderman Barns be and they hereby are made a part of the minutes of this meeting. Carried. NO. 6 FIRE STATION Fire Chief Reilly appeared before the Council with the request that members of the Council inspect the No. Fire Station and see for themselves the condition of the building. By Alderman Mazza, seconded by Alobrman Thompson: Resolved, that the Council meet at No. 6 Fire Station at 5 P.M. Friday, March 3., 1939. Unanimously Carried. PARKING METERS- Alderman Vail reported that the Police Committee together with the committee on Traffic Control, had held a joint meeting to discuss the purchase and installation of parking meters, and due to the Vdried experience of cities where the meters have been installed, and to the possibility of improvement of meters in the near future, that the committee do not recommend installation of meters at this time. TRAFFIC CONTROL Alderman L-eachtneuaer suggested setting aside a portion of the Parking Area in E. Green Street to be used for one hour parking at a rate of 5 cents per hour, as .a means of re- lieving the parking situation on State Street. By Alderman Rogalsky, seconded by Alderman Vail: Resolved, that the experiment be recommended to the Board of Public 'Works and the. Traffic Committee for a trial of one month. Carried. STATE DEPARTMENT AUDIT By Alderman Mazza. seconded by Alderman Thompson: Resolved, that the State Comptroller be requested to assign an auditor to audit City of Ithaca accounts. Carried. On motion the meeting was adjourned to reconvene at the call of the Mayor. hF._ H. pinger Ci't;0'1er k CO14MON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Special Meeting at #6 Fire Station 5 P.Ii. March 3, 1939 PRESENT Acting Mayor - Barns Aldermen - Thompson, Mazza, Gillette, Vail, Adams Clerk - Suringer Fire Chief - Reilly The Aldermen met at f6 Fire Station, at the request of Chief Reilly, to inspect the building, a part of which was found to be in a dangerous condition. LIABILITY INSURANCE - PRIVATE ENCROACHMENTS The Clerk reported that the H. A. Carey Co. , Inc. and the McKinney Agency Inc. have submitted sample policies and bids, in the same amount for liability insurance to protect the City against liability for private encroach- ments. By Alderman Mazza, seconded by Alderman Gillette: Whereas, Section 2 Chapter 3 of the City Ordinances, relative to private encroachments becomes effective March 6, 1939, and Whereas, the fee of $1. 00 contemplates the carrying of insur- ance at a cost of 42 cents per permit. Now Therefore Be It Resolved, that the City Clerk be and he hereby is authorized to secure such insurance from the H. A. Carey Co. , Inc. Carried. Meeting adjourned. F.:Ci. ypringer t Cl erk 108 COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. April 5, 1939 PRESENT Mayor - Myers Aldermen - Thompson, Hazza, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Attorney - Powers Clerk - Springer Engineer - Marble Chamberlain - Snyder Till\?UTES Minutes of the preceding meeting were duly approved. ± HEARING ZONE CHANGE Mayor Myers announced that a public hearing, to consider a petition to change the classification of the 300 block of S. Corn Street, from "A" residential to commercial, had been duly advertised for this time, and asked if any persons pres- ent wished to be heard on the matter. The Mayor reported that the Planning Commission had considered the petition and had recommended that the zone "be not changed. " No one appeared for the hearing and it was moved, By Alderman Perry, seconded by Alderman Gillette: Resolved, that the recommendation of the Planning Commission be accepted, and that the petition for a change in this zone be and the same hereby iz denied. Carried. HOSPITAL AGREEMEITT Engineer 11arble explained that an amendatory application for the Hospital Project had been submitted to the P.W. A. to permit the purchase of equipment for the new wing and the installation of a new boiler in the heating plant. He stated that the project had been approved, subject to the adoption of an agree- k° raent between the City and Hospital covering the operation and own- ership of the wing and the boiler. The agree�alent, which had been accepted and signed by the president of the Hospital, was read in full. By Alderman Leachtneauer, seconded by Alderman Hoover: Resolved, that the agreement be and the sane hereby is approved; and the iviayor asts aicthori zed: and directed to execute say 1e on be:aalf o� the City of Ithaca, Y. Y. Ayes 10 Nays 0 Carried and Approved. HOSPITAL PROJECT After discussion of the offer of the United States of America to aid by way of grant in financing the construc- tion of an addition and alterations to a Hospital, including the necessary equipment, the following Resolution was proposed by Alder- man Adams, and read in full: A RESOLUTIOIT ACCEPTING THE OFFER OF THE UNITED STATES TO THE CITY OF ITHACA TO AID BY 7,-,,,AY OF GRANT IN FINAFCIFG THE CONSTRUCTION OF ADDITION AND ALTERATIONS TO A HOSPITAL, IFCLUD1YG THE NECESSARY EQUIPAYENT. Be it resolved by the Common Council of the City of Ithaca, Section 1. That the offer of the United States of America to the City of Ithaca to aid by way of grant in financing the con- struction of addition and alterations to a Hospital, including the necessary equipment, a cony of which offer reads as follows, be and the same is hereby in all respects accepted: Common Council -2- April 5, 1939 P. W. 88487-6 FEDERAL EMERGENCY ADHINISTRATION OF PUBLIC WORKS i ashington, D. C. Dated: March 31, 19.39, Docket No. N.Y. 1480-F City of Ithaca, Tompkins County, New York ItYla.ca, New York 1. Subject to the Terms and Conditions (PI' A Form No. %30, as amended to the date of this Offer) , which are made a part hereof, the United States of America hereby offers to aid in financing the construction of an addition and alterations to a Hos itall includ- ing necessary equipment (herein called the "Project"T by making a grant to the City of Ithaca, Tompkins County, New York (herein called the "Applicant" ) , in the amount of 45 percent of the cost of the Project upon completion, as determined by the Federal Emer- gency Administrator of Public TVorks (herein called the "Adninistra- tor" ) , but not to exceed, in any event, the swn of X56, 250. 2. By acceptance of this Offer the Applicant covenants to complete the Project with all practicable dispatch, and in any event by July 6, 1939• 3. 'Notwithstanding any other provisions of this Offer or of the said Terns and Conditions the United States of America shall be under no obligation to make any payment or payments on account of the grant unless and until the Applicant shall have entered into an agree:aent with Tompkins County Hemorial Hospital providing that the Applicant shall retain title to the boiler and accessories which are included in the scope of the Project but which are to be in- stalled in the building owned by said Tompkins County i! emorial Hosnital, and shall have the right to and may repossess and remove said boilder and accessories upon the ternina.tion of such agreement. 4. This Offer is :Wade subject to the express condition that, if the Administrator shall determine at any time that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any person, firm or corporation for attempting to procure an annroval of the Applicant ' s application, or for alleged services in procuring or in attempting to procure such approval, or for activities of the nature com_ro:nly known as lobby- ing performed or agreed to be performed in connection with the appli cation, then the Administrator shall have the right, in his discre- tion, to rescind this Offer and any agreements resulting herefrom, aid, in the event of such rescission, the United States of America. shall be under no further obligation hereunder. 5. The acceptance of this Offer by the Applicant shall effect- uate a cancellation_ of the contract created by the acceptance of the Offer dated July 12, 1938, made by the United Sta,tee of America to the Atplica.nt : Provided, that the cancellation of such contract shall not innair or vitiate any acts performed or proceedings taken thereunder prior to such cancellation, but such acts or broceedings may be continued under the contract created by the accept=.nce of this Offer. UNITED STATES OF A =ERICA Federal Emergency Administrator of Public i;orks By H. A. I. ay Assistant Administrator 14_V Common Council --3- April 5, 1939 a Section 2. That said City of Ithaca agrees to abide by all the Terms and Conditions of said Offer, including the Terms and Conditions annexed thereto and made a part thereof. Section 3. That the City Clerk be and he is hereby authorized and directed forthwith to send to the Federal Emergeacy Ad.-ninistra- tion of Public Works three certified copies of the proceedings of the Common Council in connection with the adoption of this Resolu- tion, setting forth this Resolution in full, and such further docu- ments or proofs in connection with the acceptance of said Offer as maybe requested by the Federal Emergency Administration of Public orks. Joseph B. :t.yers, 6;or The above Resolution was seconded by Alderman Vail and was adopted, rith the following voting aye : Adams, Barns, Gillette, Hoover, Leachtnepuer, K,'a,zza, Perry, Rogalsky, Thompson, Vail, and the fcllot,�,i .;.g voting nay: None. The .-ayor thereupon declared said Resolution carried and the 'ayor, Joseph B. h ers, thereupon signed said Resolution in approv- al thereof. TE ORARY JOAN The Clerk explained that it would be necessary to borrow additional funds in anticipation of taxes. N By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that pursuant to the provisions of Section 46 of the Ithaca City Charter, being Chanter 503 of the Laws of 1908 as amended by Chanter 57 of the Laws of 1936, the 1ayor and City Clerk hereby are authorized to borrow money in the name of and on the credit of the City of Ithaca, for current City expenses nor-mally paid out of the regular tax levy and for the purnoses for which such taxes are or may be levied by the issuance of a negotiable tax an- ticipation note in an amount not to exceed x,50, 000. in anticipation of the collection of City te,xes for the current fiscal year of 1939: and the faith and credit of the City of Ithaca hereby are pledged fcr the payment and retirement of such temporary loan before the close of said fiscal year and out of the taxes to be received for the current fiscal year. Ayes 10 Nays 0 notion Carried. Approved this 5th day of April 1939 / off Joseph B. '..yer, mayor TAX EXPUITGED The Clerk read a communication from the City Assessor as follows: "I wish to recommend that you make payment from the City tax fund, on the lot 130 ' x 80 ' Treva Ave. erroneously assessed to E. G. Reed, for payment of City Tax Sale deed of Dec. 6, 1938, amounting to 0. 38 (covering City tax sale Yov. 26, 193 7) ; also for 1936 City tax certificate of $10. 14. " By Alderman Adams, seconded by Alermal Barns: Resolved, that the recom..nendatipn of the City Assessor be approved and that the City Clerk be and he hereby is authorized to pay said suns to the City Chamberlain fro,n monies appropriated for such purpose. Carried. F. DIAMAYNO CURB TAX The Clerk reported that the Board of Public 7orks had been requested to refund to the Ithaca Savings Bank, for the account of 1_r. Diamanno, the sum of -V11. 87 constituting a. curb- tax of X9. 40 and interest and penalties of x?- 47 assessed against the property of F. Diamanno of 115 Terrace Place. It was explained that ? r. Diamanno claimed, that in exchange for a, strip of land deeded to the City, he was told that Ae would not be required to nay the curb tax, and that the Board of Public Torks recommends to the Common Council a refund of �a1. 97 for the curb tax. CITY Of ITWACA TOMPKINS COUNTY NEW YORK OFFICE OF THE ASSESSOR 1, m rhird i i c3 9 To the j-T on. r an - Coiml,,on Council, I — jo 11 1 1�- City of Ithaca, ...Y. , 1 1vish to recouxend that you imake payment froxi, -uhe City Tax fund,on the Lot,131')" x 801 , Treva Ave. , erroneously assessed to E G Reed, for payrient of City Tax Sale deed of T;acember. 6th 1938, aii.ounting to '9.38(coverin,-,-- City '-."ax Sale -,'ov• 2,31LJ h 1937) ;also for 1938 City Tax Certificate of Respectfully, L.E.Do f fl e:iiyer City Assessor. Common Council -4-- April 5, 1939 By Alderman Barns, seconded by Alderman Rogalsky: Resolved, , that the recommendation of the Board of Public Works be approved and that the City Clerk be and he hereby is authorized to pay said sum to the Ithaca Savings Bank from monies appropriated for such purpose. Carried. i,,iAYORS CONFERENCE KEETING A notice of the Layors Conference, to be held in Niagara Falls on June 5, 6 and 7 was read. AUDIT By Alderman Rogalsky, seconded by Alderman Barns: a Resolved, that the bills approved and audited by the Fin- ance Committee be and the same hereby are approved for payment. Carried. ?'CLICE COMMITTEE Chairman Vail reported that the Committee re- cently met with Commissioner Comfort and Chief Marshall to study problems of the department. He stated that the department has economy in mind, but feel that an additional patrolman is needed. He reported that the Police Department is also anxious to have the curb line set back ()r. -the north side of Seneca Street between Parker and Aurora Streets ir.. order that parking may be permitted on both sides of the street. By Alderman Vail, seconded by Alderman hazza: Resolved, that the matter of widening E. Seneca St. between , irker and Aurora Streets be referred to the Board of Public VIorks ieauesting that Body to have an estimate of cost prepared, and sub- mitted to the Council for consideration before adoption of the budget. Carried. GGLF COURSE CLUB HOUSE Alderman Mazza reported that the Stewart Park Commission have agreed to advance sufficient funds to erect a club house at the Newman Golf Course, if the City will agree to reimburse the Commission in the amount of $2, 500. at the rate of $500. annually. He stated that the Newman Golf Club have agreed to an increase in annual tickets from $5. to $7. and with the rent from lockers at $3. per year, the increased income from the course will amount to more than the $500. By Alderman IAzza, seconded by Alderman Barns: Resolved, that this Council recommend to the Board of Public 7 orks that the membership fee be increased to $7. per year; that locker rental be made $3. per year. potion not voted upon. The following amendment was offered: By Alderman Perry, seconded by Alderman Adams: Resolved, that the matter be- referred to the Board of Public 71orks for study and report. Carried. Ayes 9 Thompson, Yiazza, Hoover, Barns, Gillette, Leachtnea,uer, Vail, Perry, Adams Nays 1 Rogalsky Carried. On motion the meeting was adjourned to reconvene at the call of the lrayor. 7Vt F. H. ringer City Clerk _ 12 0010-fON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Executive Session 7: 30 P. M. April 24, 1939 PRESENT Mayor - Myers Aldermen - Thompson, Hoover, Barns, Gillette, Leachtneauer, Vail, Rogalsky, Adams, Mazza Attorney - Powers Clerk - Springer Deputy Clerk - Blean Engineer - Larble Mayor 1,lyers explained that the meeting had been called to dis- cuss and revise the tentative budget for 1939• BUDGET The tentative budget as revised, a copy of which is here- with appended, was studied in detail and changes were made as follows: By Alderman Adams, seconded by Alderman Gillette: Resolved, that the transfer of $2, 500. covering the road roller, from the capital improvement group to item #P181, highway Carrmaintenance, be and the some hereby is approved. By Alderman Rogalsky,- seconded by Alderman Gillette: Resolved, that the increase in item fp152 from $3,000. to $10, 000. be and the same hereby is approved. Carried. By Alderman Rogalsky, seconded by Alderman Vail : Resolved, that the budget for snow and ice removal for any one year be limited to $1-,000: any further expenses necessitated, to be presented to the Council for approval and additional apprried Aria- • tion. At the suggestion of Alderman Adams, it was agreed that separate budgets be prepared in the future, segregating snow and ice removal and cindering streets. It was also agreed that a max- imum of x,)2,000. be allowed for the latter item. It was sentiment of the t the Council. be exceeded BUS TE IKINAL The Clerk was instructed to confer with the manager of the bus terminal to ascertain if more rental can be secured from the Greyhound Lines. CITY CE' ETERY By Alderman Adams, seconded by Alderman Barns: Resolved, that the Board of Public 'Rorke be requested to study the possibility of increasing the charge for care of Carried. the cemetery. By Alderman Barns, seconded by Alderman Hoover: Resolved that item X190 be increased to 4,;25,222. , item x=191 to X109, 350. and item #201 to ;97,000. to conform to budget request as submitted by the Welfare Department. Be It rurther Resolved, that reimbursements be included ied. in estimated revenues. By Alderman Rogalsky seconded by Alderman Barns: Resolved, that item b128 be reduced �1,7J3. , being the portion due the Employees Retirement System from the ater Depart • Carried. By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that of the salary ofdthe proposed0n be reduced w patrolman�'700. being the amount Carried. By Alderman Adams, seconded by Alderman Vail: Resolved, that the sum of w15,000. be placed in the budget as a contingent fund. CITY OF ITWACA TOMPKINS COUNTY NEW YORK OFFICE OF THE MAYOR Ar_ril 201 1939 To all Aldermen Kayor Attorney Engineer OFFICIAL Y., ICE OF 'I"FETIr;G Dear Sir: An executive session of the Common Coun- ci l will be held ?. onday, Apri 1 -14, lq3° at 7 : 30 r'.is . in the Council C-'rla-iber, City Fall, to discuss the budget for 19 jG. Your attendance is requested. Very truly yours Jose-ph B. Riyers S p ay o r Ithaca, New York April 24, 1939 Hon. Mayor and Aldermen: I present herewith a revised Budget requisition for 1939 show- ' ing necessary revision in esti*.nates: 1939 1939 ACCOUNTS TENTATIVE REVISED APPROVED 1. Board of Public Works 110 Clerk ' s Office $13, 673' X13' 600• 114 B. P.W. Admin. 3, 400. 3, 116 City Engr ' s Office 8, 400. 8, 400. 119 City Hall 7, 800. 7, 800• 120 Isolation Hospital 125. 125. 160 Sewers - General 7, 500. 7, 500. 161 Street Cleaning 9, 000. 9, 000. 162 Refuse & Garbage 22, 000. 22, 000. 164 Sewage Di snosa,l Plant 10, 600. 10, 600. Fra-nklin St. 16 MSewage - 3uffa.lo St. 1, 000. 11000. Sewage - Wood St . 365• 365• 167 Sewage - Cherry St . 340. 340. 168 Stoma Sewers 2, F-00. 2, 400. 169 Plumbing Inspector 1, 450. 1, 450• 180 Street Lighting 20, 963. 20, 963• 181 Highway 111aintenance 267000. '.D8) 500,- 182 Snow & Ice 3, 000. 10, 183 Dept. Buildings 500. 500. 18 Bridge Ir.aintenance 3, 000. 3, 000. 185 Cree'.c i:aintenance 1) 200. 11200. 186 Shop :, aintenance 2, 500. 2, 500- 230 Part; Dept . -- General 9, 200. 9, 200. C31 Percy Field 350. 50. 232 Stewart Park 6, 400. 6) 00. 233 Treman Park 800. 800. %34 Golf Course 3, 900. 3, 900. 235 Airoort 700. 700. 250 :„gun. Parking Area 3, 110. 3, 110- - 251 Mun. Comfort Station 1, 185. 1, 185• 400 Cemetery 4,000. 4, 000. E TOTAL - Bd. of Fb. Works 1_74, 961. 184, 461. S'A na G 2. Public Welfare 190 Home Relief Admin. 15, 509. 1 )• Z.S,' z i Z . 191 Home Relief r-1, 750- 200 Old Age Admin. 201 Old A e Assi sta_.ce� 27, 2�0• 2 97, o oat a T".]"AL - Public welfare 94, X09. 3. Public Health 1F0 Admini st rat ive ”, 035• 5, 035 151 Conserv. & insT)ection 5, 755• 5, 755: 152 Isolation Hosp. Care 400. 400. 15 Parochial Schools 1, 350. 1, 350. 154 Venereal Clinic 4 6 55• 45F, 155 ki sc. Health Clinics 6) 495- 9' 156 i::osquito Control 550. 550. 157 Lunacy Exam 100. 100. TOTAL - Public Health l0 40, ;2,34.0. A 11A F 4. Fire Depa.rt:-ient 132 Fire Fighting 56, 050- 56, 050- 133 iviaint . of Buildings 4, 575. 4, 57 TOTAL - Fire Department 60 62 60 62 . -2- 1939 1939 ACCOUNTS TENTATIVE REVISED APPROVED 5. Under Control of Council • 101 Alder-;men 200• 200. 102 Kayor ' s Office 2, 850- 2) 950- 105 Chamberlain ' s Office 8, 982. 8, 992. 111 Assessor ' s Office 3, 153 3, 153• 112 Attorney ' s Office 2, 700. 2, 700. 113 Civil Service Comm. 200. 200. 117 Elections 4, 832- 4, 532• 115 City Court 4, 950• 4, 950. 121 Planning Com-r-ission 27_,0. 250• /-3 125 Emp. Retirenent Sy stein 14, 500. 1 • " 129 Undistributed Expense 2, 06o. 2, 060. 55-899•. -5 3, 3 0 0 130 Police Del-.)t. 55, 000. , 134 Bldg. Corm. 1, 235- 1) 235- 137 Sealer of r-ts. & 11:eas• 17435- 1, 435• 139 Traffic Control - - 100. 260 ,'i soe1.la tie ous 11, 475- 11) 475- 261 :"ork:len ' s Comm. 2, 500, 2, 500• 0-ONT /,^iGCN— TOTAL - Under Council 116. 322. 117, 6o6. /7 -7, / 7 3 • 6. Debt Service 270 Principal 140, 000. 140,000. 272 Interest 43, 193• 43, 737• -` 273 Int. on Te--ip. Loans 500. 500. TOTAL - Debt Service 1�3, 69 _ 184 2 .5,4 7. Ca-o, ita.l i -nprove rents 5 Ton Roller 2, 500. Tfrd to fl8l Curb & Gutter 2, 000. 2, 000. Surface Treat Streets 5, 500. 5, 500. Rai 1 Re-Loval 2, 500- 2--j89. o u T .;id.enin�; E. Buffalo St. 33, 000. 33f,-989• T Clif* St , Sevier 9, 253* 9, 253• Six ".;ile Creek Clean Up 5, 92 2- 9 2. S, To Supplement Bond Issue for SewaLre Plant - - 424. ' To Cor,T)lete Flood Control Project - 750• SPC/Y�•�R J T 5'7o ti�M S C I.v C /? ?` .7'S O TONAL — Capit_a.l Imps. j1,618- x The folloring is a recapitulation of the entire budget requisi- tion by groups as provided by the City Charter: 1939 1939 TENTATIVE REVISED APPROVED 1 • �' ';' 4174, 96I• �? 461. ��`f For Bc3.. of Public -dorks 2 it n it 11 hel fare 94, 509 99• L 3 �, 5 7 z. . 33 if it " Health 19, 94o. 19, 940. / 7, 9 ,-/0 . 4. It if Fire Co-imiss. 6o, 625. 6o) 62 Go, &Z S, 5. x.1.1 Otiler Under Council 116, 322. Z 9_, 17 3i TOTAL - ?`aintena,nce 466_., 357. 477, 3:4.1. S 7 6. For Debt Service 153, 693. 184 2 / T' ' ? 3 7 TOTAL - Current Expense 650, 050. fs , 7. For Cax)ital Ira.ps. 63, 678. 3- Z , o Z- GRA 7D T O T a L 3UDGET 713, 728. V--i - -3- 1939 1939 TENTATIVE REVISED APPROVED Est. Miscellaneous Revenues $120,000. 3;x+99.. $ 9' 74d' 12 700. 12 700. /Z ' Est. Utility Taxes 4�6' Og2. 494) 002. 08 `{�� Tax Levy 12. 80 per Ili ' o e 495 5� Tax Levy for Highway /z 9, Y �f'ENS/o Al Ex C-PA 3 . 6 z 7 gS y3 z o0 61 Budget ? Est. Income -.-69 . figs Defecit `/ F/ . 00 Each 40 cent raise in tax rate will produce 415, 125. 06. In addition to the revised. esti-mates outlined above, the Board of Public 7 orks request an additional e.np.ropriati.on of 42, 500- to 'Our- chs.se a new grader. Respectfully submitted F. N. Springer City Clerk ' t.f j, . 2 i 4 E 113 Common Council -2- April 24, 1939 By Alderman Barns, seconded by Alderman Adams: Resolved, that the increase in item ; 272 amounting to x;544. be and the same hereby is approved. Carried. By Alderman Gillette, seconded by Alderman Rogalsky: Resolved, that the item in the capital improvement group, covering rail removal, amounting to w2, 500. be eliminated. Carried. By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that the item of 03,000. in the capital improvement group for widening E. Buffalo Street be eliminated. Carried. By Alderman Rogalsky, seconded by Alderman 'Lanza: Resolved, that the item of $5, 925. in the capital inprovement 3roup covering Six 1=ile Creek clean up be reduced to X2,925. Carried. By Alderman Vail, seconded by Alderman Hoover: Resolved, that the addition of X424. in the capital improve- ment group to supplement bond issue for the sewage plant be and the same hereby is approved. Carried. By Alderman Adams, seconded by Alderman Barns: Resolved, that the addition of $750. in the capital improve- ment group to complete flood control projects now under consturc- tion, be and the same hereby is approved. Carried. By Alderman Adams, seconded by Alderman Barns: Resolved, that the sum of $750. be added to the capital im- provement group to cover cost of installation of storm sewer in Spencer St. Carried. Engineer Marble pointed out that no provision has been made for future W. P.A. projects. By Alderman Barns, seconded by Alderman Adams: Resolved, that the item of 4'22, 172. 57 reserved for current obligations,,be included in estimated reveikes. Carried. The Aldermen agreed that the tax rate should be left at X12. 80 per 14 for 1939, and any defecit be provided for by a bond issue. On motion the meeting adjourned. F. H. Springer City Clerk 114 COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. May 3, 1939 PRESENT Mayor - Myers Aldermen - Thompson, Mazza, Barns, Gillette, Leachtneauer, Vail, Perry, Adams B. P. P. Commissioners - Miscall, Egbert Attorney - Powers Engineer - Marble Clerk - Springer Chamberlain - Snyder Police Comm. - Comfort MINUTES Minutes of the preceding meeting were duly approved. DAYLIGHT SAVING TIME The Clerk reported on the returns of the straw vote" conducted by the Chamber of Commerce, which resulted in the following vote: For Daylight Saving 1051 Opposed 218 Petitions from various groups were also presented which indicated a preference for daylight saving. By Alderman Mazza, seconded by Alderman Adams: Resolved, that Chapter II of the Ordinances of the City of Ithaca is hereby amended by adding a new section to be designated Section 39, as follows: Section 39. Daylight Saving Time. At two o 'clock ante merid- ian of the last Sunday in April of each year the standard time with- in the corporate limits of the City of Ithaca shall be advanced one hour from that of the seventy-fifth meridian of longitude west from Greenwich and at two o 'clock ante meridian of the last Sunday of September of each such year such standard time, as so advanced, shall be retarded to the mean astronomical time of such seventy- = . fifth meridian west from Greenwich. All courts and public officers and legal and official proceedings within said City of Ithaca shall be regulated by this ordinance. This ordinance shall become effective on Sunday, May 7th, 1939 and the standard time within the corporate limits of the City of Ithaca shall be advanced one hour, as above provided, at two o 'clock ante meridian of that day. Ayes - 8 Nays - 0 Carried and approved. APPOINTMENTS Mayor Myers explained that due to the failure of several commissioners to take and file an oath of office, it is necessary to make appointments to fill the unexpired terms. 11Iayor Myers announced the nomination of Paul S. Livermore as commissioner of the Board of Health for the unexpired term ending Dec. 31, 1939. By Alderman Adams, seao'nded by Alderman Mazza: Resolved, that the nomination of Paul S. Livermore as commis- sioner of the Board of Health be and the same hereby is approved . and the nominee appointed for the unexpired term ending Dec. 31, 1939• Carried. The Mayor announced the following appointments for the Council ' s approval : Civil Service Commissioner B. S. Monroe Term Expires June 1, 1940 Examining Bd. for Electri- cians R. F. Chamberlain " Dec- 31, 1941 Examining Bd. of Plumbers P. F. Donohue " Dec- 31, 1941 By Alderman Perry, seconded by Alderman Gillette : Resolved, that the appointments hereinabove announced by the Mayor be and they hereby are approved, to complete the unexpired terms ending on dates set opposite their respective names. Carried. AUDIT SHEET - CO1A-L4'0i COU:jCIL IIay 3, 1939 Vendor Amount Tu. A. Church Co. 1. ?5 Norton Electric Co. , Inc. 27- 47b Curtis 1000 Inc. 6 ,20 T. G. :filler ' s Sons Pa.ner Co. 12. q1 Ithaca. Journal Lay.Trence 1.4.h ,iint z 20. 00 Atkinson Press 30. 00 C. A. Snyder, City Chamberlain 1- 85 VVm. T. Pritchard 19.73 Stover Printing Co. 9. 00 C. J. Rumsey & Co. 8. 64 Shell Union Oil Co. 45. 8g Robinson & Ca.rnenter . 94 Crouse-Hinds Co. 14. 35 b 1H. C. Teeter 4. 25 C. A. Snyder, City Chamberlain X3. 34 'South Sieie Cnal Co. 33. 5 'South E. Allen 31- 08 Howell & Stevens 5, r1 Lauri ce L. Taylor 1. 0t) Harry H. Cook 4 F� R. L. & J. H. Sneed 1: 74 Dorman S. Purdy 3, 76 T. H. Davenport Co. , Inc. g, 25 Fred A. RoE;adsky 6.IS George S. Adams 1- 74 William S. Scott , Jr. 2. 51 I: cKinney Agency, Inc. 13- 81 L. E. Patterson 16. Q5 Ithaca Laundries, Inc. 1. 9-6 11T. Y. Telephone Co. Tel Comfort 3;- 28 S. . C.A. Special Fund 28-. o6 Harrison Asia-i.s, Saeri ff , 32 Stall"na.n of Ithaca 63. 99 Finance Corirlittee a w -3- ESTIMATED INCOME FOR 1939 Fo_ Relief Pu oses $ 180,072.00 Home Relief and Old Age Assistance $ 113, 184.00 (Stt e & Federal Reimbursements) Utility Taxes 12, 700-00 From City Tax Levy 54,lgg.00 For All Other Purlooses 118,168.82 Estimated Revenues Bank Stock Taxes 1,500.00 Mortgage Taxes 1, 500.00 Franchise Taxes 13,800.00 Personal Income Taxes 23,000.00 Beverage Taxes 33,000.00 t Street Railway Franchise 150.00 Cornell University Contribution 9,250.00 Fire Protection (outside of City) 700.00 Fees, Fines, License, etc. 4,500.00 Departmental. Earnings 25,069.82 Water Dept, (Share of Admin. Expenses) 5, 700.00 Reserve for Current Obligations 22,172.57 Reserve for Debt Retirement 4,169.09 Surplus from prior year 3� 57,774.94 Tax Levy on $129,900. @ 3.70 per M for highway purposes $ 480.26 Tax Levy on $37,912,663. G 12.90 per M for all other purposes $494,002.08 Less amount for relief as above 54,199.00 4,2q.914.0s 4 0 2 4.3 Total Budget Income $ g6 10.00 Approved and adopted by the Common_ Council May 3, 1939• F. H. Springer City Comptroller -2- VIII . PARKS & RECREATION $21,350.00 230 Park Dept. , General $ 9,200.00 231 Percy Field 350.00 232 Stewart Park 6,1100.00 233 Treman Park 900.00 234 Golf Course 3,900.00 235 Airport 700.00 IX. PUBLIC UTILITIES (Non=-commer.) 9, 295.00 250 Municipal Parking Area 3,110.00 251 Municipal Comfort Station 1,195.00 1100 Cemetery Fund 11,000.00 X. MISCELLANEOUS 13,975.00 260 Judgments & Settlements 500.00 261 Workmen' s Compensation 2,500.00 262 Taxes expunged or paid 1100.00 263 Tax Sale expense & purchases 2,000.00 2611 Contributions - Library; G A.R. 2,075.00 265 General Insurance 6,500.00 XI . MUNICIPAL INDEBTEDNESS 184,237-00 270 Bond Principal 1110,000.00 272 Bond Interest 43,737.00 273 Interest on Temp. Loans 500.00 XII. CONSTRUCTION & P22MANENT IMPROVEMENTS 24,602.00 275 Surface treatment of streets 8, 500.00 276 Curbs & Gutters 2,000.00 277 Cliff Street sewer (W.P.A.) 9, 253.00 279 Six Mile Creek clean up (W.P.A.) 2,925.0'0 279 To supplement sewage plant bond issue (P.-N.A.) 11211.00 280 To complete flood control projects (1-P.A.) 750.00 291 Spencer St. storm sewer 750.00 XIII. CONTINGENT FULID 15,000.00 Grand Total of Estimates or BUDGET $ 796,310.00 BUDGET SUMMARY (Recap. by Groups as Provided by City Charter) Estimated E enses Board of Public ,'Yorks $ 187,661.00 Public V7elfare 190,072.00 Public Health 19,940.00 Fire Department 60,625.00 Under Common Council 129. 173.00 Total Maintenance 577,471.00 Debt Service 194 237.00 761,709.00 Permanent Improvements -24-6o Total Budget Expense $ 786-310,00 ASSESSED VALUATION FOR 1939 The 1939 Assessment Roll shows the following valuations: Total real property valuation $60,1172,650.00 Total Franchise valud ion 991 039.00 Total Full Valuation 61,353,689.00 Total Exemption 2,5_41&25.00 Total Net Taxable Valuation $ „912 00 , t pry.n 1939 01 TY BUDGET City of Ithaca, N. Y. I. GENERAL GOVERNMENT $ 77,526.00 101 Common Council $ 200.00 102 Mayor' s office 2,850.00 108 Chamberlain' s office 8,982.00 110 Clerk, Comptroller, Registrar 13,673.00 111 Assessor' s office 3, 153.00 112 Attorney' s office 2, 700.00 113 Civil Service Commission 200.00 114 Board of Public Works 3,4o 0.00 116 Engineer' so ffice 8, 0.00 117 Election Commissioners 4,832.00 118 City Court 4,950.00 119 City Hall 7,800.00 120 Isolation Hospital 125.00 121 Planning Commission 250.00 128 Employee' s Retirement System 13,951.00 129 Undistributed expenses 2,060.00 II. PROTECTION OF PERSONS & PROPERTY 116,695.00 130 Police force 53,300.00 132 Fire force 56,050.00 133 Fire 1ept. buildings 4,575.00 134 Building Commissioner 1, 235.00 137 Sealer of g eights & measures 1,435.00 139 Traffic control 100.00 III . CONSERVATION OF HEALTH 19,940.00 150 Administrative 5,035.00 151 Conservation & Inspection 5, 755.00 152 Isolation Hospital care 400.00 153 Parochial Schools 1,350.00 154 Venereal Clinic 255.00 155 Miscell. Health Clinics 6,495.00 156 P�iosquito control 550.00 157 Lunacy examinations 100.00 IV. SANITATION & CLEANLINESS 54,755.00 160 Sewers General 7, 500.00 161 Street cleaning 9,000.00 162 Refuse & Garbage 22,000.00 164 Sewage Disposal Plant Franklin St. 10,600.00 165 Selvage Pump Station — Buffalo St. 1,000.00 _ 166 Sewage Pump Station — Wood St. 365.00 167 Sewage Pump Station Cherry St. 340.00 168 Storm Sewers 2,500.00 169 Plumbing Inspector 1,450.00 V. HIGHWAYS, CREEKS & BRIDGES 69,863.00 180 Street lighting 21,663.00 191 Highway maintenance 31,000.00 182 Snow & Ice 10,000.00 183 Franklin St. to ildings 500.00 184 Bridge maintenance 3,000.00 185 Creek maintenance 1, 200.00 196 Machine Shop maintenance 2,500.00 VI . PUBLIC -NELFARE RELIEF 75,522.00 190 Administrative expenses 17,672.00 191 Home Relief 57,850.00 VII. OLD ADE RELIEF 104,550.00 200 Administrative expenses 7,550.00 201 Old Age Relief 97,000.00 Common Council -2- May 3, 1939 WATER DEPARTMENT CRITICISM A letter to the Mayor and Common Coun- cil, a copy of which is appended, from Alderman Rogalsky was read, in which he criticized the Water Department and expressed the idea that water rates should be reduced. By Alderman Barns, seconded by Alderman Vail : Resolved, that the matter be referred to the committee on re- lations with Board of Public Works for study with the Water Commit- tee, and report. Carried. JEWETT DA14AGE CLAIM A claim for damages to a car owned by Henry M. Jewett, and caused by a city owned car, in the amount of $7, 00 was presented. The Clerk explained that the City Attorney had recommended payment, and that the Board of Public Works have approved the claim, and request the Council to approve for payment. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the claim be and the same hereby is approved and ordered paid. Carried. HAROLD JACKSON DAMAGE CLAIM The Clerk reported receipt of a claim in the amount of $5,000.-- filed March 16, 1939 with the City Attorney by Harold Jackson, for damages alleged to have been sustained when he fell on the sidewalk on the east side of S. Tioga Street in the 100 block on Jan. 17, 1939 Attorney Powers recommended rejection of the claim. By Alderman Vail, seconded by Alderman Leachtneauer: Resolved, that the claim be rejected and the owner of the property where accident occurred be notified. Carried. GOLF COURSE CLUB HOUSE Commissioner Egbert reported that the Stewart Park Commission have agreed to advance two thirds ( 2/3) or not to exceed $5, 000. of the cost of the proposed club house at the municipal golf course provided the city will appropriate the sur- plus earnings of the course to repay the amount advanced. The fol-ham ng resolution passed by the Stewart Park Commission at a meeting held May 1, 1939 was read. By Commissioner Hickey, seconded by Commissioner Egbert : Resolved, that this Commission recommend an appropriation not to exceed $5, 000. from the Stewart Park Fund for the erection of a club house on the Newman golf course; the sum appropriated to be repaid by the contributions of surplus, after eXpenses are paid. Be It Further Resolved, that if such income has not re aid the amount advanced, when the Bergholtz Tract is paid for, the 1, 000. from income, now earmarked for.'the purchase of the tract be ear- marked to repay the amount advanced for the elub house. Carried. Commissioner Egbert explained that the balance of the estimated total cost would be supplied in the way of labor by the N,Y.A. Alderman Barns expressed the opinion that the building should ' be let to bidders. By Alderman Adams, seconded by Alderman 11azza: Whereas, the Stewart Park Commission has offerred to furnish "". funds for the Construction of a club house at the Newman municipal golf course, not exceeding $5, 000. which amount is estimated to be sufficient for necessary materials and equipment, labor to be fur- nished by the N.Y.A. Now Therefore Be It Resolved, that the City of Ithaca sponsor a N.Y.A. project for this purpose with funds to- be provided by the Stewart Park Commission and/or Tompkins Co. Trust Co. Trustee and that the Common Council hereby approves the return of the -said sum of $5, 000. to the principal of the Stewalrt Park Fund by withholding from the annual payments for improvements from the income from such fund, a sum equal to the surplus earned by the golf course over ex- penses, and upon the completion of repayments to the Fund for the pur base of the Bergholtz Tract, that return of the additional sum of 1, 000. per year be approved, likewise to be withheld from annual income payments for park improvements. Be It Further Resolved, that the Board of Public Works and City Engineer be requested in the preparation of such project to insure that the provisions of the labor law and all other statutes are com- plied with in all respects and by all parties.. Be It Further Resolved, that the Mayor and City. Clerk be author- ized and directed to execute such project on behalf of the City of Ithaca.. Unanimously Carried. Common Council -3- May 3, 1939 BUDGET The Clerk explained that it would be necessary to increase item 180 from $20, 963. to $21, 663. to cover cost of extra street lights already contracted for. He also called ttention to an additional request by the Board of Public Works for 2, 500. toward the purchase of a new power grad- er. Alderman Barns recommended that the tax rate be retained at $12. 50 per 1A, explaining that if additional funds for relief are required, they may be borrowed by a relief bond issue. By Alderman Adams, seconded by Alderman Gillette : Resolved, that the addition of $700. for street lighting item x#150 be and the same hereby is approved. Ayes - 8 Nays - 0 Carried. By Alderman Gillette, seconded by Alderman Adams: Resolved, that the addition of $2, 500. for a power grader item #151 be and the same hereby is approved. Ayes - 5 Nays - 0 Carried. PUBLIC LIABILITY - POLICE_DEPARTI:ENT CARS Attorney Powers called attention to the importance of carrying public liability insurance on Police Department cars, since the patrol car is now on 24 hour duty and covers about 1000 miles weekly. He stated that public liability and property damage coverage for the 6 Police Department vehicles may be secured for the annual premium of $272. 74 or $150. 27 for the balance of the year. By Alderman Barns, seconded by Alderman Leachtneauer; Resolved, that insurance on Police Department equipment cover- ing public liability and property damage, at an annual cost of $272. 74 or $,150. 27 for the balance of the year be added to the present fleet policy. By Alderman Adams, seconded by Alderman Vail : Resolved that the motion be amended to exclude property damage at an annual cost of X65. 25 or $43. 12 for the balance of the year. A vote was taken on the amendment with the following result : Ayes - 5 Thompson, Barns, Gillette, Vail, Adams Nays - 3 Mazza, Leachtneauer, Perry Carried. A vote was taken on the ;Notion as amended with the following result : Ayes - 7 Thompson, Mazza, Barns, Gillette, Vail, Perry, Adams Nays - 1 Leachtneauer Carried. AUDIT By Alderman Barns, seconded by Alderman Vail: Resolved, that the bills, a list of which is herewith append- ed, approved and audited by the Finance Committee be and the same hereby are approved for payment. Carried. W. P. A. PROJECTS Commissioner Miscall called attention to the necessity of providing funds for W. P. A. projects and pointed out the urgent need of repairs to certain sewer lines, which are caus- ing trouble and which must be repaired in the near future. He stated that projects have been prepared covering the en- largement of existing sewer lines in State Street and Kline Road at a cost to the City of $10, 627. He also stated that overflows have occurred in Mitchell Street and South Cayuga Street sewers, and urged the Council to set up a fund in the budget to enable the City to take advantage of W. P.A. assistance. - By Alderman Vail, seconded by Alderman kazza: Resolved, that the matter of providing funds for W. P.A. projects be referred to the committee on relations with the Board of Public Works for investigation and report at next meeting. Carried. BUDGET 1939 The Clerk reported that the assessment roll for 1939 had been completed, footed and proved and shored the following total values: Land $10, 50, 225. Buildings ,4 92, 4 5.. Real Property O6 , x+72, 650. Exempt Property 23. 541, 025. Net Real Property Franchise 1. 03 �. Total Assessable $ 12 terF=�st and S- 1,7-1� fund 4 , are a�t�r �pp OI.i��c7.tely ��✓V The income is aporoximat^lY `l5l,OOp. No X000. o',�i1ed aublic unlit ; privately Y "r�ould dare to make its current consuriers pay for all its n- construction and im- )rovcmcnts ao our Boar;? of Public �''orr,; ha s lade our COY1 SurIl C' do tle;;e ':nany years. If $50,000 must nec- essariiy be j ,cnt , z:cu�±_L_I.y for improv-�mcnts �.n��-, ,, construction rR • , ne.,r t;-, hand e rill soon :1ve a silv`r plated plant oc�,n to our descendants debt free, but all paid for at our expense i The COStS U�: nG?+tT construction Lion and improvements s,ioulc" be paid for over corres�ondin T, • �, �r a A.�rio1: o_i time 7-th th6i u 'eful 1' zfe. Ii1S � th:-, Board Quite toad, ;�'e find ,lard put to it to find ways in nf'1ich to Spend its ivater income. ' ,• T_a.e Common Council should in- sist o.n a fairer rate schedule as between the large and the small consumer , re �- ' � and also should demand a subct"ntial duc -ion in the gross intake. Our smaller ;rater - sumers have been gypped long enough. con 3 and delivering 1928.90 gallons of water comes to $13,55n. 70. A This figure is taken from its last published financial re- port. The TuTniversity, cost is $.0590 per 1000 gallons or a little under 6 cents. In other words., the operating expenses of the Cityls eater Department per 1000 gallons of water produced are nearly double those of the 7niversityts. There may be a perfectly good. and logical ansi�,er to this. Again., letts look at present -hater rates. These are --)ublished in cubic feet ; one cubic foot equals approximately 7.48 gallons. The small consumer paying $117-150 quarterly, pays roughly 47 cents Der 1000 gallons. If your bill is A8.40 quarterly, you pay roughly 38 cents per 1000 gallons. A discount of 10% comes off for prompt payment. The big consumer gets a r�-',te of $.0935 per 1000 he gal-Ions for all/uses over 6700 cu. ft. per month. If he -jays promptly, 10% comes off t'aat too, ma Ling his rate cl- or less than t'2e City? s cost. There may be perfectly good and logical reason for t'--iis- also. Incidentally,, t7ae rate schedule a-)nare-tiv not. b-en chan�--ed since Fe'� ruary 25, 19F120. Imagine any other public utility or business getting a,,ra.v 7itn that I But aside from the above., anif gra-a-lu-ing for the za.,ke of argument that the comparisons made may not be entire- ly f-lir ones, t"-ie -ritcr cont�-'ds that present -,rater users on the a-- pa, 71101^' too much. The a-.-Inual actual costs of the dn--)artnent, including in- General Maintenance and (j eration 301. Operating ana.gement Expense 302. Collecting System Expense 2,857.89 303. Purification Expense 13 286.94 304. Pumping Expense ,, 305. Distribution Expense 3�805.70 206. Interest a p _66.298. 77 68,801.95 Reuction of Bonded. Debt 29,285.00 Neyy Construction ,w Permanent Im.Drovements Hydrants, ne °,- mains, valves, etc. 53,475. 75 X151,562.70 Next come the figures put out by the Mayorts Sewer Rental Committee on the water consumption in the City of Ithaca. and the Village of Cayuga. Heights, as com- pared to the ovater consumption of Cornell University, both of which figures, the Committee said, fairly rep- resent our eater De ,artmentts and the Universityts output for rate making purposes. City ater used = 641. 76 °,Aillion gallons University eater used = 228.90 million gallons The above figures do not represent the total output of either the City? s or the Universityt s grater plants, but come wlt'.in a small percentage of so doing. On the assumption that the income and expense figures as taken from the City' s annual financial re )ort mean .--hat they say, and leaving out the az�,.nual $29.,IR85 of interest and sinking fund payments on the stater bonds, ,z,e find that 641.76 million 9a,-Ilons of ,rater cost 868,801. 95 to produce ane deliver. The cost per 1000 ga?_lons is $.107231 or about 10 7/4 cents. Ag'?'_n, leaving out interest and sinking fund payments, ure find that the Universityts costs of Producing May 2, 1939 To the a-!ayor and Common Council u:Then, last December, the Board of Public `'Forks Droposed a sewer tax and its committee rendered a report, the half baked conclusion of which recom- mended that �."�66,000 of sewer rental collections be turned over to the Board. of Public 7orks, the i,.ricer was prompted to check into the question of hor ef- ficiently and fairly in the interests of our citi- zens the Board 'v�jas running our Water Department. A cursory glance at the figures on which the sewer tax or000sals were based led the ,.vriter to conclude that a 25% cut in our mater r,-Aes should. be made. A suggestion along that line w--.s made through the ,. a.yor to t'qe Bo(llyd, but the Board took no action. The Board is apparently content to -�-Iithdraw behind the halo of sanctity that our citizenry has come to attach to any non-partisan organization. Here are the figures on the s'ater Depart-- meat as taI:en from the annual rG )ort for 1938, issued by the City Clerk last month. ;%' te.r Department 143005.44 '�---` Metered service , Hydrant service 591.95 Service repairs installations 5,04-68.99 Materials sold. 11708. 74 99 r"is cellaneous 4:':151,601.27 117 Common Council -4- "lay 3, 1939 He also reported that valuations in the amount of x$129,800. were exempt by reason of pensions and/or bonuses but were taxable nevertheless for all highway purposes. Further, that the tentative budget for 1939 amounting to $786, 310. as already agreed upon, could be balanced by applying a tax rate of $12. 80 for all general city purposes and a tax rate of $3. 70 on pension and bonus exempt property for all highway purposes, which would include in the budget a portion of the estimated costs for welfare relief but require that the balance of welfare relief costs be met by a bond issue. He suggested that it was incumbent 6A­the Council at this time to officially approve the budget, fix the tax rate, levy the taxes and make appropriations. By Alderman Barns, seconded by Alderman Adams: 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 756, 310. in accordance with the detailed budget statement appended herewith, and 'Whereas, available and estimated revenues total $175, 943. 66, and estimated revenues to b used fo welfare relief only, total X125, 88 • thereby leaving $54, 452. 34 as the amount to be raised by taxation, and Whereas, the assessment roll for 1939, certified and filed by the City Assessor, has been footed and proved by the City Clerk and shows a total net taxable value of $37, 812, 663. And 'Whereas, the total tax limit, as prescribed by the City Charter amounts to $66o, 321. 66 for 1939, therefore, Be It Further Resolved, that the tax rate for all hi hway pur- poses be and the same hereby is established and fixed at 3. 7 per one thousand dollars of valuation exempt by reason of pension and/ or bonus, and that the tax rate for general city purposes for the fiscal year 1939 be and the same hereby is established and fixed at $12. 80 per one thousand dollars of taxable valuation as shown, certified and extended against the respective properties on the 1939 cit tax roll thereby making a total tax levy, as near as may be, of 454, 452. 34 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 $12. 80 per one thousand dollars of such taxable valuations, and Be It Further Resolved, that the City Clerk be and he hereby is directed to extend and apportion the city tax as above, and that upon the completion of the extension of said roll the Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy, and the Ilayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said roll with the City Chamberlain, and Be It Further Resolved, that upon the execution and filing of said warrant and tax roll with the :City Chamberlain, the amounts of the city tax set opposite each and every property shall thereby become tax liens, due, payable and collectible in accordance with the provisions of the City Charter and other laws applicable there- t o, and •-• B6..' It Further Resolved, that the total sum of X756, 310. 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 - 8 Thompson, Barns, Gillette, Leachtneauer, Vail, Perry, Adams, Mazza Moti. Kays - 0 on Carried. 'ifs' Approved this 4th day ,of• 11ay, 1939• ^?� Joseph B. 1.4yers, Mayor-' On motion the meeting was adjourned to reconvene at the call of the Mayor. ' e �'. H./ t0 nger 0 ity lerk COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Postponed Regular Meeting 5.00 P• M. June 8, 1939 PRESENT Mayor - Myers Aldermen - Thompson, Mazza, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Attorney - Powers Engineer - Marble Clerk - Springer � Chamberlain - Snyder Ivi2N'TES Minutes of the preceding meeting were duly approved. DAMAGE CLAI,I( A claim for personal injuries and car damage �.ii the amount of 410, 000. 00 filed by Molly Cornelius Russell for c Eimages alleged to have been sustained when struck by a fire truck on April 21, 1939 was presented. Attorney Powers recommended the claim be denied. By Alderman Perry, seconded by Alderman Vail: Resolved, that the claim be rejected. Carried. • VOTING 11,A.i7HINE Alderman Barns reported that after investigation, the committee recommend the purchase of a voting machine from the Automatic Voting Machine Corp, as it would not be economical to purchase one of another make. By Alderman Barns, seconded by Alderman Leachtneauer: Resolved, that the City Clerk be authorized and directed to execute necessary contract for the purchase of one (1) voting machi:ie i':rom the Automatic Voting Machine Corp. at the price of $980. 00 less $100. 00 trade in allowance. Bp. It Further Resolved, that upon receipt of invoice for same, the 1lerk be authorized to pay at once, to take advantage of a 2% refL:nd for cash within 10 days of date of invoice. Ayes 10 14' r; 0 Carried and Approved. AUDIT Alderman Rogalsky, seconded by Alderman Gillette: _ Resolved, that the bills, a list of which is herewith appended au, " -ed by the Finance Committee be and the same hereby are approved or payment. Carried. PPOTEST UTILITIES TAX Donald Stewart, Superintendent of the Ithaca A,,-_* .ways Inc. appeared to register protest on continuance of utili- t-iPs tax for the ensuing year. SQUATTERS ALONG _INLET_ Alderman Adams called attention to the squatters on property of Cornell University along the inlet and north of the Newman Golf Course. He stated that University authori- ties have expressed willingness to order the squatters to vacate if ' requested to do so by the City. By Alderman Adams, seconded by Alderman Perry: ' Resolved, that the University be requested to remove squatters, and that the University be permitted to make such improvements in the section as they see fit. Be It Further Resolved, that the City Attorney be directed to serve notice to vacate to any squatters on City property in the vicinity; and if squatters are found on State land, that the State be requested to remove them. Carried. MAYORS CONFERENCE Mayor Myers reported that several City officials had attended the conference in Niagara Falls and asked for the Council ' s approval. By Alderman Leachtneauer, seconded by Alderman Rogalsky: Resolved, that attendance at the Mayors Conference by the Mayor, Alderman Barns, Attorney Powers and Chamberlain Snyder be and the same hereby is approved. Carried. PARKING METERS The matter of parking meters was discussed and it was generally agreed that further study be given the matter. By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that the matter be referred to the Traffic Committee and Police Committee for study, in cooperation with the Chamber of Commerce, and report at next meeting. Carried. COL., Y 00 0HEEi' Juz.te 6, 1y3y V endor Amour, W or c on Printing Co. 2. 5u I tnaca. Journal 3.o4 K. Y. T elepnone Co. 45. 84 1uayor Josepii B. i�yers 7. y5 Mayor Joseph B. Ayers 28. 06 Burroughs Adding Lacii. Co. 9.70 j A. C. Gibson Co. 1. 05 Addressograph Sales Agency 32. 00 C. A. Snyder, City Chamberlain 7. 36 T. G. t'iller 's Sons Paper Go. 5. U4 Mover Punting Co. 9.85 I tnaca Journal 3.12 T. Fo%, ers 16. u6 T. G. :.:tiller ' s Sods Paper Co. 6.71 Leonard :::i5call 30.73 Stover PrintinS Co. 14- 50 Stallman of Ithaca, 5- (i T. G.. :-d1ler ' s Sons Paper Co. . 00 Ithaca Laundries Inc. 1.74 falter E. Killian 15.00 T. Prit6hard 5. (O .,..,el G. Comfort 1. 90 Shell Union Core. 2(. 35 Smell Oil Co. 42.10 `, . S. Dariey & Co. 2(. 95 C. J . Rurnsey & Co. 10. 26 C. . i oolsey saint and Color Co. 35. 00 SiEm, al Service Corp. rb.y4 Stephen lursick, Elando Aramini, Jose-o.D. Solomon and Roy Hloyt 80. 00 N.Y. S. Electric & Gas Corp. 54. 36 E.Y. S. Electric & Gas Corp. 5(. 2U The Cayuga Py e s s 2- 50 Ithaca Journal 2. bO City Chamberiain 26.86 City Cilanberiain 44• SU R.L. and J.r. Sneed 1.14 Geo. S. Ada.--{1s 1.14 L. E. Patterson 10. 63 Harry B. Cook 2.83 Horell & Stevens 3. 22 ciraley A1ency inc. 7.80 D. S. Purdy 1.46 r. % ood & Son 139.46 Fred A. Rogalsky �+ 03 T. H. Davenport Co. , Inc. 4.64 8.1-,'. C.A. Special Fund 10. 50 American Coin Lock Co. �. Amos A. Baxns 2 b Ithaca. Engraving Co. 8. 24 A. 3 C. �ii;y der 32.11 Finance Co Lmittee t CITY OF ITUACA TOMPKINS COUNTY NEW YORK OFFICE OF CITY CLERK-COMPTROLLER June 2, 1939 Mr. H. F. Thompson 518 Hector St. Ithaca, N. Y. Dear Sir: The Mayors Conference for 1939 is to be held in Niagara Falls on June 5, 6 & 7, and as sev- eral city officials wish to attend, the regular monthly meeting of the Common Council will be post- pond one day, to June 8, 1939• Very truly y our s Jos. B. Myers May or p Copies to : All members of the Common Council 119 Common Council -2- June 8, 1939 TRAFFIC CONTROL Attorney Powers reported on the work of the Traffic Control Committee and stated that a written report will be submitted at an early date. MERGENCY MESSAGE UTILITY TAX The City Attorney read the following Emergency Message from the Mayor: To the Common Council of the City of Ithaca. C-enclemen: It appearing to my satisfaction that the public interest re- ,,W.Tes it, therefore, in accordance with the provisions of Section an act of the Legislature of the State of New York entitled Pn a-t enabling cities to adopt and amend local laws pursuant to A-rtic le 12 of the Constitution constituting Chapter 76 of the Con- solidated laws" and by virtue of the authority conferred on me, I do hereby certify to the necessity of the immediate passage of the local law entitled: A Local Law "To amend local law number two of the city of Ithaca for the year nineteen hundred thirty-seven as amended by Local Law number one for the year nineteen hundred and thirty-eight in relation to continuing the tax on gross incomes or gross operating incomes of corpora- tions and persons furnishing utility services in the city of Ithaca, for the purpose of granting relief from the hardships and suffering caused by unemployment, as authorized by section twenty-b of the general city law of tae state of New York and in relation to the time of ::.ling returns of the tax imposed by said local law. " a cope ){ which is hereto attached. G44 en under my hand and seal this 8th day of June, 1939• Joseph B. dyers Mayor of the City of Ithaca M a A ate s.c : F. H. Springer City Clerk By Alderman Barns, seconded by Alderman Hoover: DE IT EXACTED BY THE CUHIMN COUNCIL OF THE CITY OF ITHACA AS F01I,GWS: Section 1. Subdivisions one and four of Local Law number two for the year nineteen hundred and thirty-seven as amended by Local Laver number one for the year nineteen hundred and thirty-eight are hereby amended to read as follows: 1. Pursuant to the authority granted by section twenty-b of t;ae general city law of the state of New York, a tax equal to one per centum of its gross income for the period from July first, nineteen hundred thirty seven, to June thirtieth, nineteen hundred forty, is hereby imposed upon every utility doing business in the city of Ithaca which is subject to the supervision of the state de- partment of public service, except motor carriers or brokers sub- ject to such supervision under article three-b of the public ser- vice law and a tax equal to one per eentum of its gross operating income is hereby imposed for the same period upon every other utili- ty doing business in the city of Ithaca, which taxes shall have application only within the territorial limits of the city of Ithaca, and shall be in addition to any and all other taxes and fees imposed by any other provision of law for the same period. Such taxes shall not be imposed on any transaction originating or consummated outside of the territorial limits of the city of Ithaca, notwithstanding that some act be necessarily performed with respect to such trans- action within such limits. 1. 20 Common Council -3- June 8, 1939 4. Every utility subject to tax hereunder shall file, on or before September twenty-fifth, December twenty-fifth, :larch twenty- f:I.f+h, and June twenty-fifth, a return for the three calendar mop 'as preceding each such return date, including any period for the tax imposed hereby or by any amendment hereof is effective, eao"_; of which returns shall state the gross income or gross operat- Zt, income for the period covered by each such return. Returns be filed with the City Chamberlain on a form to be furnished for such purpose and shall contain such other data, informa- t �cr: or matter as the City Chamberlain may require to be included Notwithstanding the foregoing provisions of this subdivi- s any utility whose average gross income or average gross operat- i ', ; income, as the case may be, for the aforesaid three months ' psi°iod is less than fifteen hundred dollars, may file its returns for such periods on June twenty-fifth, nineteen hundred and thirty- nine and June twenty-fifth, nineteen hundred fortIF respectively. 'he City Chamberlain may require at any time a further or supple- mental return, which shall contain any data that may be specified by the City Chamberlain. Every return shall have annexed thereto an affidavit of the head of the utility making the same, or of the owner or c,i a co-partner thereof, or of a principal officer of the corporation, if such business be conducted by a corporation, to the effect t:.at the statements contained therein are t:¢te. Se-n•+;ion 2. This local law shall take effect immediately. Ayes 8 ' 'hompson, Hazza, Hoover, Barns, Gillette, Leachtneauer, : ;alsky, Adams NaTTs 2 ,j.1, Perry Carried. Approt-ed. June 47L 1939 6 YA IeAA Clay or a. , )tion the meeting was adjourned to reconvene at the call rr „ ;, ors S F• City Clerk t ;4 COMMON COUNCIL PROCEEDINGS 121 City of Ithaca, N. Y. Adj ournod Regular Meeting 5:00 P. M. June E6, 1939 PRESENT Mayor -- Myers Aldermen - Thompson, Mazza, Hoover, Barns, Gillette, Leachtneauer, Perry, Rogalsky, Adams B.P.W. Commissioner - Miscall Attorney - Powers Engineer - Marble Clerk - Springer Chamberlain - Snyder Mayor Myers explained that the meeting had been called to dis- cuss the continuance of W.P.A. projects, and to pass upon a pro- posed request to the legislature for an act validating the current city tax levy, and such other business as may properly come before the meeting. W. P.A. PROJECTS Mayor Myers explained that work has been discon- tinued on the Cliff St. sewer project , and that if other projects are not approved, that the men will be returned to the relief rolls. Engineer Marble reported that the Kline Road sewer project had been approved by W.P.A. at an estimated cost to the City of $6696.00. Other projects were discussed, but it was explained that the present Kline Road sewer is in bad condition and it was moved By Alderman Leachtneauer, seconded by Alderman Mazza: Resolved, that the sum of $6696.00 or as much thereof as may be necessary be and the same hereby is appropriated from the con- tingent fund to the Kline Road sewer project. Ayes 9 Nays 0 Carried and . kpgsiwe d TAX ROLL CERTIFICATION Attorney Powers explained that due to a technical error in the certification of the city tax roll by the Assessors, that it was intended to request approval of the Council to petition the legislature to enact legislation to correct the error, but that Senator Stagg had informed him that nothing but budget matters would be considered at the special session. 11r. Powers further explained that no difficulty was anticipated in the collection of taxes, but some might develop in tax sales, however, nothing could be done until the January session of the legislature. ADELINE LULL - LEAVE OF ABSENCE Mayor Myers explained, that due to ill health, a doctor had ordered Miss Lull, of the Chamberlain 's office to take a month 's vacation. The Mayor stated that she is entitled to two weeks vacation, and that it would not be necessary to hire extra help during her absence.. By Alderman Rogalsky, seconded by Alderman Mazza: Resolved, that Miss Lull be granted an extra two weeks vacation without pay. Carried. N.Y.A. PROJECTS Attorney Powers explained that due to a change in rules, of the Federal Government, it is now necessary, for some municipal organization to act as co-sponsors for N.Y.A. projects now in operation for the employment of clerks, stenographers, maids and janitors in recreational centers of the City of Ithaca including the South Side Community Center, Social Service League (North Side House, West Side House) and the Ithaca Y.i.I. C.A. By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that the City of Ithaca act as co-sponsors of the N.Y.A. projects as enumerated above, upon the understanding that the cooperating agencies will furnish the entire sponsor ' s share and that no financial obligation will devolve upon the City of Ithaca therefor, Be It Further Resolved, that the Mayor be and he hereby is authorized to execute the project papers on behalf of the City. On motion the meeting was adjourned. F. H. ringer City Clerk 1,; 122 COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 5:00 P. M. July 5., 1939 PRESENT Mayor - Myers Aldermen - Thompson, Mazza, Hoover, Barns, Leachtneauer, Vail, Perry, Rogalsky Attorney - Powers Clerk - Springer Chamberlain - Snyder MINUTE Minutes of the preceding meeting were duly approved. TAX COLLECTIONS Chamberlain Snyder reported tax collections in he amour of 12, 500.00 at the close of the collection period, an increase of $2,080-00 over last year. GREYHOUND BUS FRANCHISE The Clerk read a petition from Central Greyhound Lines M. , requesting permission to operate an omnibus line over certain streets in the City of Ithaca from the city line, to and from the Bus Terminal. By Alderman Leachtneauer, seconded by Alderman :dazza: .` Resolved, that the petition of Central Greyhound Lines Inc. be received and that a public hearing thereon as provided by law ,• be held at the next regular meeting of the Council on the 2nd day of August, 1939,--at 5:00 o'clock P. M. , D.S.T. at which time all persons interested in said matter shall be given an opportunity to be heard, and Be It Further Resolved, that notice of said .public hearing be given by publishing and mailing notices thereof as required by law. Carried. LEONARD MISCALL APPOINTMENT TO BOARD OF PUBLIC WORKS The follow- ing letter from Mr. F. M. Hart of th the State Department . of Audit and Control was read: July 3, 1939 To Hon. Mayor Joseph B. Myers and Ifembers of the Common Council of the City of Ithaca, N. Y. Gentlemen: Your attention is called to section 107 of the city charter which states: "The mayor shall nominate from the tax paying electors of the said city (of Ithaca) and, by and with consent of the Common Council manifested by the concurring vote of at least a majority of the members thereof, shall appoint six commissioners who, with the mayor acting as presiding officer, shall constitute the board of public works. " Examination of the records of the Common Council as to the eligibility of appointments to the department of public works, shows that all appointments made by you are in accordance with the foregoing section, except that of Leonard Miscall, who was not a "tax paying elector" at the time of his appointment, nor has he been a "tax paying elector" at any time since he was appointed to the aforesaid office. The records of the County Clerk show that the only proper- ty owned or assessed to Leonard Miscall was sold to the Tompkins County Trust Company of Ithaca, N. Y. on December 23, 1935• The appointment of Mr. Hiscall and the confirmation thereof was made on January 1,1936, and the same being in non- compliance to the provisions of the foregoing quoted section of the city charter, the office becomes vacant ipsofaeto, just as much so as if no appointment were made. Very truly yours Fred 11. Hart Examiner of Hunicipal Accounts State Dept. of Audit & Control CITY OF ITUACA TOMPKINS COUNTY NEW YORK OFFICE OP CITY CLERK-COMPTROLLER June 24, 1939 Copy of notice sent to all Council members. Dear air: The adjourned regular meeting of the Common Council scheduled for Tuesday, June 27th has been changed to IIonday,, June 26 at 5 P.M- Purpose: To act upon continuation of dv'.P.A. projects and make appropriation therefor; to pass upon a proposed request to the legislature for an act val- idating the current city tax levy; and such other bus- iness as may properly come before the meeting. Very truly y our s F. H. pringer City Clerk P CCMION COUNCIL - AUDIT SHEET July 5, 1939 Vendor Amount Ithaca Journal $ 1. 28 y New York Telephone 47.74 Remington Rand Inc. 3. 30 T. G. filler's Sons Paper Co. 5. 44 J F. C. Thompson 2 . 00 St over Printing Co. . 25 Dennis & Co. , Inc. 6. 50 Chase National Bank 121. 21 fit. D. Campbell 15. 00 T. G. Miller 's Sons Paper Co. . 50 Atkinson Press 76. 25 Van Natta Office Equip. Co. 33. 00 William T. Pritchard 28. 20 C. J. Rumsey & Co. 12.74 Ithaca Laundries 2.40 X. G. Comfort 1.00 Andy Soyring 2. 07 Shell Oil Company 47. 69 Joseph Morrison 43.80 Norton Electric Co. . 60 Parker & Granville 3.00 C. A. Woolsey Paint & Color Co. x. 25 Ithaca Journal 2.46 Stover Printing Co. 6. 00 Corner Bookstore 43. 60 t'ilmer R. Moyer 2. 50 H. L. Brockway 10. 00 A. J. Leonard 2.00 Harriet. Slaight 2.00 Jennie Smith 2.00 Harry R. Taylor 2. 50 Ken 19a.ningart on 2- 50 American Coin Lock Co. , Inc. 12. 69 E. Z. Ingalls 25.00 Stallman of Ithaca 3. 02 T. K. Powers 1 . 08 �r v r f, { 123 Common Council -2- July 5P 1939 By Alderman Perry, seconded by Alderman Hoover: Resolved, that the matter be referred to Attorney Powers for investigation and report at the next meeting. Carried. TRAFFIC CONTROL Attorney Powers reported on the investigation by the traffic committee in regard to synchronizing all traffic signals. He stated that the estimated cost would be from six to eight thous- and dollars, and that equipment to give emergency all red control of signals would cost from six to eight hundred dollars, and that it might be possible for the police and fire departments to install the equipment for all red control. By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that the traffic committee secure an estimate of cost from local authorities for installation of equipment for all i!ed control of all electric signals. Carried. S.P. C.A. CONTRACT Attorney Powers requested the appointment of a committee to serve with him to confer with the S.P.C.A. in regard to items in their contract with the City. By Alderman Perry, seconded by Alderman Barns: • Resolved, that the police committee of the Council serve with Attorney Powers. Carried. 9 PARKING METERS Attorney Powers reported that the consensus of opinion of the committee investigating installation of parking meters is that they should not be installed at this time, as the advantages do not seem sufficient to warrant. By Alderman Perry, seconded by Alderman Mazza: Resolved, that the present committee be continued. Carried. AUDIT y Alderman Rogalsky, seconded by Alderman Barns: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. REPORT ON ENCROACHIENT PEKIITS A report submitted by Building Commissioner Lunn was presented showing that two hundred and twenty- nine (229) encroachment permits have been issued and $217.00 col- lected, the remaining 12 now holding indemnity bonds. BUILDING CODE REVISION A communication from Building Commissioner Lunn was presented, recommending the following changes in the Building Code and Zoning Code. 1. Restrict all buildings on the principal streets to not less than twb stories in height, and buildings be of fire proof construction entirely in the commercial zone. 2. That all construction work be under the supervision of a competent building superintendent. 3. That a committee be appointed to go over the present building code and amplify certain sections and apply the Under- ' writer 's Industrial Code and State Code wherever they work to better advantage than the local code. 4. That the ordinance on electric signs read that the Under- writer ' s label be on all neon or other electric signs. 5. We would recommend an ordinance to prohibit trailer parksg so as not to allow more than one trailer on any city lot and not closer than 50 feet to street and comply with the sanitary code. By Alderman Vail, seconded by Alderman Hoover: Resolved, that the matter be referred to the Charter and Ordinances Coririittee for study and report. Carried. WATER RATES Alderman Rogalsky asked what the Council intends to do in regard to his letter presented to the Council at the 14ay meeting. Mayor Myers reported that the Water Committee are working on the matter of rate revision and have promised a, report before January 1, 1940. Alderman Barns felt that the water and sewer departments should be combined in one department, and under the elective officers of the City. 124 Common Council - 3- July 5, 1939 The Mayor agreed to set a date for a meeting of the committee or relations with the Board of Public Wor1q and the Water Committee to study rate revision. fSATE STREET LIGHTING Alderman Rogalsky called attention to the action of the Board -of Public Works in authorizing installation of 24 new lights in the business section of State Street, and questioned the right of that Board to increase budget requirements without approval of the Council, APPOiYTT ENT - FIRE -0 SSIONER Mayor Myers announced the appoint- ment of Arthur J. Burns for Fire Commissioner for a term of three years from July 1, 1939• It was regularly moved, seconded and carried, that the appoint- ment of Arthur J. Burns as Fire Commissioner for a term of three years from July Ir 1939 be confirmed and ratified. Oa motion the meeting was adjourned to reconvene at the call of the Mayor. F. H. erk 8 ingerJ City J t COMMON COUNCIL PROCEEDINGS 25 City of Ithaca, N. Y. Regular Meeting 5:00 P. M. August 2, 1939 PRESENT Mayor Myers Aldermen - Thompson, Mazza, Barns., Gillette, Leachtneuaer, Perry, Rogalsky, Adams Attorney - Powers Engineer - Marble Clerk - Springer Chamberlain - Snyder MINUTES_ Minutes of the preceding meeting were duly approved. SKAT;IJG RINK PERMIT Mr. Quinn of Groton appeared and informed the Council that he expected to open a roller skating rink in West State Street and requested the Council to pass an ordinance permitting operation on Sundays. He was instructed to present a formal petition for further con- sideration. By Alderman Perry, seconded by Alderman Rogalsky: Resolved, that when presented, the petition be submitted to the Charter & Ordinance Committee for investigation and report. Carried. BILLIARD PARLOR PETITION A petition signed by three owners and operators of billiard parlors, and forty-four patrons of the parlors was presented requesting permission to operate the parlors on Sunday. By Alderman Perry, seconded by Alderman Rogalsky: Resolved, that the petition be referred to the Charter & Ordin- ance Committee for investigation and report. Carried. WORKERS ALLIANCE LETTER ,A letter from the Workers Alliance was presented, requesting the Council to memorialize Congress to amend the 1940 Rork Relief Act, against any reductions in work relief as proposed by the act. By Alderman Barns,. seconded by Alderman Rogalsky: Resolved, that the matter be referred to the Mayor for investi- gation and action. Carried. R.2.DRIOCOLL LETTER_ RE DAXAGE BY SANITARY SEWER A letter from R.P. Driscoll of ?39 East State Street was read in regard to damage to his property due to overflow of sanitary sewer in East State Street. An estimate of the damage during the last few years was placed at $120.00 By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that the matter be referred to the Board of Public 'forks for investigation and report to the Council. Carried. BUS FRANCHISE Mayor Myers opened the public hearing duly advertised for this time to hear anybody interested in the application filed at the preceding meeting by Central Greyhound Bus Lines, Inc. for consent to operate an omnibus line over certain streets in the City of Ithaca as specified in said application, from the city line on various streets to and from the Bus Terminal. No one appeared in opposition to the petition. Moved by Alderman Leachtneauer, seconded by Alderman Gillette: WHEREAS: A public hearing has just been concluded with no appearance in oppoeiti on to the application of the Central Greyhound Lines, now therefore, RESOLVED: That consent be granted, as requested,, but subject to such rules, regulations and ordinances as are now in effect or may hereafter be adopted. Vote: Ayes S Nays 0 Carried and Approved. POLLING PLACES The Clerk reported that it was incumbent upon the Council to designate the polling places for 1939 at this time. By Alderman Adams, seconded by Alderman Perry: Resolved, that pursuant to section 66 of the Election Law, the Common Council hereby designates the following places in each of the election districts of the City of Ithaca for registration and election purposes, and 126 Common Council August 2, 1939 Be It Further Resolved, that in case any place hereby desig- nated cannot for any reason be used for such purpose, the City Clerk be and he hereby is authorized and directed to secure and forthwith designate another suitable place instead thereof: First Ward, 1st. Dist. 111 Cliff St. , Beebe Mission Chapel 2nd. Dist. 626 W. State St. No. 6 Fire Station 3rd. Dist. 532 W. Buffalo St. , City Pumping Station Secbud " let. Dist. 136 W. State St. , ybi.. 5 Fire Station 2nd. Dist. 301 S. Geneva St. ., St. Johns School 3rd. Dist. Cor.. S. Tioga & E. Green Sts. Cayuga motors Inc. Third It 1st. Dist. 203 X. Geneva St-, Congregational Church n It 2nd. Dist. 406 N. Aurora St.First Meth. Church House ++ " 3rd. Dist. 206 Lake Ave. , Chas. Green Shop Fourth n 1st. Dist. 401 E. State St. , Dean Warehouse 2nd. Dist. 206 E. Seneca St. ,o No. 2 Fire Station " " 3rd. Dist. 311 College Ave. , No. 9 Fire Station " 4th. Dist. 502 Mitchell St. , Belle Sherman School Fifth " 1st. Dist. 702 N. Cayuga St. , Mrs. Groom's Garage If '+ 2nd. Dist. 616 N. Aurora St. , Rr. Stubb's Garage If '+ Ord. Dist. 1012 N. 2f oga St. , No. 7 Fire Station If '+ th. Dist. Basement Sibley College, Cornell Campus Adopted. 'LE GN4RD MISCALL APPO NTHENT TO BQARD OF PUBLIC TICRKS Mayor Myers ��ej orted receipt of an opinion from the City Attorney uad State ZxamineT F. 14. Hart in which they agreed that the payment of a state income tax for the year of appointment .mould make him eligible. The Attorney and Virt Hart did not agree on the year for which payment must be made. The Mayor then declared the position of Commissioner of Public Works, occupied by Mr. Miscall .vacant unless it could be shown that he paid a state income tax for the year 1935• By Alderman Rogalsky,. seconded by Alderman Adams: Resolved, that the action of the Mayor be approved and ratified. Carried. By Alderman Barns, seconded by Alderman Rogalsky: Resolved, that the Charter & Ordinance Committee be directed to study the matter and make recommendations to the Council to clarify the City Charter in regard to requirements to hold office. Carried. AUCTION SALE The Clerk reported that the Board of Public Works has requested the Council to authorise a public sal.- of a plot of land adjoining the Inlet and the property of the Johnson Boat Yard and to appropriate funds -to purchase -a plot adjoining the municipal golf course. By Alderman Barns, seconded by Alderman Leachtneauer; Whereas, the following parcel of real estate has been acquired by the City through tax .sale, or otherwise, and Whereas, the said parcel is not being held for or is desired for public or municipal purpose or for the general welfare, now therefore Resolved, that the City Chamberlain be and he hereby is author- ized, pursuant to the General City Law, to sell at public au0tion to the highest bidder, in the 'Common Council Chamber at City Hall, _ the property hereinafter described, and further Resolved, that the Mayor and City Clerk hereby are authorized to execute and seal a deed to convey the same t o the successful bidder within 30 days from said sale. Ayes S - Nay s 0 Carried and Approved. A PART OF LOP #4 BLOOK #4 BAP #43 ON CAYUGA INLET - IRREGULAR 105. 3 x 168.4 x 203.9 x 359.8 3 127 Common Council --3• August 2, 1939 GLENN A. SMITH REQUEST TO PURCHASE LAND A letter addressed to the Board of Public Works from Mr. Glenn A. Smith was read, in which he expressed the wish to acquire a small piece of land, now owned by the City, in the rear of his lot at 805 S. Plain Street. The letter was referred to the Council with the though that the sale could be included in the sale approved -by the foregoing resolution. By Alderman Leachtneauer, seconded by Alderman Barns: Resolved, that the following described parcel be included in the sale authorized by the foregoing resolution; said City Chamber- lain being likewise authorized in respect thereto, provided, the said parcel shall not be sold and conveyed unless said sale be first approved by the Board of Public forks. Ayes 8 Nays 0 Carried and Approved. 4 A parcel of land 40 ft. wide by 19 ft. in length located ad- Jaeent to and, in the rear of lot #6A, Block #120 as shown on assess- ment map #125 of the City of Ithaca. APPROPRIATION FOR BRIDGE REPAIRS The Clerk reported a request from the Board of Public Works for an appropriation of $6, 600. 00 for re-- decking the Stewart Ave. and Triphammer Bridges. Upon questioning Engineer Marble reported that the Stewart Ave. Bridge floor would undoubtedly last until next year, but that the Triphammer Bridge floor is in bad condition. He also reported that he had found that some steel would be required for repairs to the floor and it would be necessary to in4- c_ease his estimate for repairs from $3900. 00 to By Alderman Rogals.,,.y, seconded by Alderman ^� liFt Resolved, that th-; sun of $4800. 00 or as mudt ':Ilc­vdof as may be necessary be and the same hereby is appr opri at,3d fr aoi the con- tingent fund for these repairs. (.'arried. SEELEY DAILOE CLA Attorney Powers reported receipt of a claim in the a fount of 5000. 00 filed by Meeker Seeley of 120 N. Aurora Street for damages alleged to have been sustained when he fell on the sidewalk on the south side of East Seneca Street in the 200 block. Attorney Powers recommended that the claim be rejected. By Alderman Adams, seconded by Alderman Perry: Resolved, that the claim be rejected as recommended by the City Attorney. Carried. MINA E. ,SLITH DA :AG CLAIM, Attorney Powere reported receipt of a claim in the amount of 150. 00 for damages alleged to have been sus- tained when she stepped into a hole in the pavement in the city parking area. Attorney Powers stated that he wished to make further investi- gation before making recommendations. S.P. C.A. CONTRACT Attorney Powers reported that he finds we have no authority to delegate duties in regard to issuance of dog licenses and that the City Clerk must assume these duties. He stated that the City may contract with the S.P.C.A. for impounding and destroy- ing dogs and checking delinquents, and recommended a resolution avoiding the present contract with the S.P.C.A• By Alderman Perry, seconded by Alderman Adams: Resolved, that the present contract with the S.P.C.A• be and the same hereby is avoided. Carried. LOCAL LAMP RE APPOINT ZENT OF CITY CLERK & DEPUTY CITY CL AND FIX NG THEIR C011PENSATION Attorney Powers presented the following draft of a proposed local law to amend section 122 of the Ithaca City Charter in relation to the appointment of a city clerk and deputy city clerk and fixing their compensation, and stated that action must be deferred until the period required by section 13 of the City Home Rule Law shall have elapsed. 1. 28 Common Council "4- August 2, 1939 Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. Section 122 of the Ithaca City Charter being Chapter 503 of the Laws of 1908 as amended by Chapter 572 of the Laws of 1915 is hereby amended to read as follows: Section 122. The Board of Public Works shall appoint a city clerk and may, in its descretion, appoint a deputy city clerk, to hold office for a period not exceeding four years, or to hold office during the pleasure of the Board, as it may decide. The Board shall fix the annual salary of the city clerk and deputy city clerk, which shall be in lieu of any and all fees prescribed by law, including, but not by way of limitation, fees payable under Article 20 of the Public Health Law to said city clerk as registrar of vital statistics. Section 2. This local law shall take effect immediately. By Alderman Adams, seconded by Alderman Barns: Resolved, that the Local Law be tabled until the next meeting. Carried. TE14PORARY APPOINTKENT CHANBERLAIN iS OFFICE Chamberlain Snyder re- ported that Hiss Adeline Lull is in a hospital for a major operation and may be confined for one or two months, and asked permission to make a temporary appointment for help in his office. By Alderman Adams, seconded by Alderman Thompson: Resolved, that Chamberlain Snyder be and he hereby is author- i zed to make a temporary appointment, subject to the approval of the �i vil Service Commission. Carried. AUU_IT By Alderman Barns, seconded by Alderman Rogalsky : Resolved, that the bills audited by the Finance Committee be - and the same hereby are approved and ordered paid. Carried. RUSSELL DAMAGE CLAIM Attorney Powers reported that the Attorney for Holy Corne ius Russell had agreed to settle for $1500. 00, but that the Fire Commissioners do not recommend such a settlement. WATER RATE COiti;'iITTEE REPORT Alderman Leachtneauer reporting for the committee appointed to confer with the Water Committee stated that the committees had met and that they recommended no action until the examiners make their report. On motion the meeting was adjourned. i �^ T F. H. S ringer City Clerk v C O_:Pi ON C OUP?C I L - AUDIT SHEET i August 2 � , 1939 Vendor Amount Stanley N. Arend Co. $ 1. 50 The L cBe e Company 1 . 94 Addre ssograph Sales Agency l . 00 William A. Church Co. 21.50 Lawrence MT. Lf.int z 30. 00 Mary Summers 16. 50 T. G. �:iller ' s Sons Paper Co. . 50 Atkinson Press 14. 50 William T. Pritchard 9.10 Ithaca Laundries Inc. 1.50 H. A. Adams, Sheriff Z: 16 N. Y. S. Elec. & Gas Corp. 564 C. A. Snyder, City Chamberlain 4. 11 Ithaca Journal 4.50 L. J. Gaurnier 39. 32 HovLrard B. 7ellar 2. 50 Clarence D. Tarbell 74. 73 -"auri ce L. Taylor 149.46 Robert S. Boothr oy d 112. 0 i Tom. S. Scott Jr. 274. 6 Dorman S. Purdy`, 56o.46 American Coin Lock Co. 4.74 N. Y. Telephone Co. 46. 54 Harold E. Simpson 46. 64 Parker & Granville 2.00 Seneca Street Garage 21.55 Driscoll Bros. 9. 00 Servicenter Inc. 96. 55 J. B. Lang Eng. & Garage Co. 15. 95 Seneca Sporting Goods, Inc. 22. 50 Jamieson-", cuinney Co. , Inc. 12- 28 T. G. 1.7fillers Sons Parser Co. 126. 22 N. Y. S. .Elec. & Gas Corp. 1. 24 Finance Committee .., .. i 0 Mid OA COUNCIL PROCEEDINGS 1 3 City of Ithaca, N. Y. Regular Meeting 5:00 P. M. September 6, 1939 PRESENT May or - Myers Aldermen - Thompson, Mazza, Hoover, Barns, Gillette, Leachtneauer, Vail, Rogalsky, Adams Attorney -» Powers Clerk Springer Chamberlain - Snyder Police Chief - Marshall 141INUTES Minutes of the preceding meeting were duly approved. PETITION ZONE CHANGE A petition signed by a majority of the owners of property within 300 feet of the westerly portion of the 1100 block on West State Street was presented, requesting a change of zoning of the westerly half of the block from "A" residential to commercial classification. Attorney L. N. Simmons appeared for the petitioners and ex- plained that a petition had been improperly presented to the Council at an earlier date. He further stated that a petVcion was then pre- sented to the Planning Commission signed by approximately 90% of the owners of adjoining property, giving consent to the erection of a gasoline filling station to be located at 1111 Test State Street, and that the Planning Commission recommended the.t a permit be ranted in accorda.n^e with Sec. S, Par. a. of the Zoning !:3:dtnanoe, but that the Board of Zoning Appeals refused to grant permission. By Alderman Barns, seconded by Alderman Gillette: Resolved, that the petition be referred to the Planning Commis- sion for study and report as provided by the Zoning Ordinance, and Be It Further Resolved, that the City Clerk be and he hereby is authorized to advertise a public hearing on the matter at the next regular meeting of the Council, October 4, 1939; in the event that the Planning Commission shall recommend the change of any area other than that described in the petition herein, such advertisement shall refer to such recommendation and describe such other or differ- ` ent area in addition to the area described in the petition. . Carried. D. H. BONNE - TA PENALTY Mr. Bonne of 509 West State Street stated that he is holding a check for otty taxes dated July 5, 1939 which the City Chamberlain refused to accept without the 2,fo penalty, and requested the Council to authorize acceptance. . It was pointed out that no taxes may be received after due date without penalty. RZ &. IL_GAS_ SALE ORDINANOE A letter to the Mayor from the "Ithaca Retail Gasoline Dealers ' Association" was presented, requesting consideration of an ordinance for the control of the retail sale of gasoline within the City of Ithaca, and suggesting that a committee from their Association be given the privilege of discussing such an ordinance with the City Attorney and the Charter and Ordinance Committee of the Common Council. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the matter be referred to the City Attorney and the Charter and Ordinance Committee for study and report. Cairied. RUSSELL DAMAGE CLAIM - SUMMONS AND COMPLAINT The Clerk reported receipt of "Summons and Complaint" in the brolly C. Russell claim. Attorney Powers reported that an answer has been returned to the Attorney for the plaintiff. MRS. YJNA E. SMITH DAMAGE CLgX Attorney Powers reported that upon further investigation he ound that the hole in the paving in the parking area where injury occurred was caused by water from the roof of the Newberry Store. He stated that the drain apparently was not properly installed, nor with permission of the City, and recommended that the claim be denied. By Alderman Letichtneauer, seconded by Alderman Barns: Resolved, that the claim be denied, and that the Attorney notify Mrs. Smith. Carried. Q ommon Council -2- September 6, 1939 POLLING PLACE - 1ST DISTRICT 4TH WARD The Clerk reported that the committeeman from the 4th ward requested that the polling place for the let district of that ward be changed to 119 S. Aurora Street, and that upon approval by the mayor the polling place was so changed. By Alderman Vail, seconded by Alderman Gillette: Resolved, that the change be and the same hereby is approved. Carri ed. SURFACING L ROADWAY The Clerk reported that the Tompkins County Memorial Hospital has requested the Board of Public Works to surface the roadway and parking area on the hospital grounds, and that the Board agreed to do the work provided the Council will appro- priate the funds received from the Hospital to the highway mainten- ance fund. By Alderman Adams, seccnded by Alderman Leachtneauer: Resolved, that the money received from the Hospital, as a con- tribution toward surfacing the roadway and sparking area and install- ing curbing and walks at the approach to thO City owned wings of the Hospital be and hereby is appropriated to budget Item #181, Highway Maintenance. EAST STATE STREET_ SANITARY SL7 In response to the Council 's re- quest at the last meeting for investigation and report by the Board of PUb110 li=ke on the cause of the overflow of the sanitary sewer in East State Street, the following resolution passed by the Board was read. "Resolved, that this Board recognizes that the East State Street sanitary sewer is of insufficient capacity, and call attention of the Council to the fact that a blanket project including the enlargde- ment of this sewer was included in the budget request for 1939, that a specific project was submitted to the W.Y.A. in which the sponsor 's share will be approximately $5,000- 001- " By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that the Board of Public Works be requested to urge approval of the project by W.P.A. , after which the furnishing f funds will be considered. G_OLK COURSE-_C_hu HOUSE The Clerk reported that the Board of Public Works have agreed that the construction of the club house at the Newman Golf Course should be let at contract rather than by N.Y.A. Jab,or, and that the City do the necessary grading and install the foundation provided the Council will appropriate funds for the work, estimated by the City Engineer at approximately $2, 200- 00. By Alderman Adams, seconded by Alderman Mazza: Resolved, that the sum of $2, 200, 00 be and hereby. is appro- priated for grading and construction of foundations. After discussion, Alderman Adams withdrew his motion and it eras moved, By Alderman Leachtneauer, seconded by Alderman Rogalsky: Resolved, that the matter be laid upon the table for further consi de rat on. Carried. E4ERGENCY RELIEF - BOND ISSUE The Clerk asked for instructions in regard to making arrangements for the proposed Relief Bond Issue, and stated that the sum of $86,000-00 would be required, $34, 500-00 for the deficiency in 1935, and $51, 500 for the deficiency in 1939• By Alderman Adams, seconded by Alderman Hoover: Resolved, that the Clerk be authorized and instructed to re- quest the Bond Attorneys to prepare a suitable ordinance for the issuance of the bonds. Carried. 1AY ORS CONFERENCE -r REGIaAL MEETING Notice of a regional meeting in Geneva, N. Y. on November 20, 1939 was read. AUCTION SALE Attorney Powers reported that at the sale held August 31, 1939, a plot of land was sold to Johnson and Pierce for the sum of $100.00, and that tbae Board of Public Works request ap- propriation of a like amount to purchase a plot of land from Johnson and Pierce, adjoining the municipal golf course. By Alderman Barney seconded by Alderman Leachtneauer: Resolved, that the sum of $100.00 received from sale of plot to Johnson and Pierce be and the same hereby is appropriated to purchase a plot of land from the same parties. Carried. r-- Common Council r-3- September 6, 1939 JL ZONIDINANCE Attorney Powers reported that he expects to have a draft of the new soning ordinance prepared within a week. TRAILER CAMPS Attorney Powers reported that requests have been received for to establish trailer camps within city limits, and while the establishment of camps cannot be prohibited, stringent sanitary rules may be made, the matter is being discussed with the Department of Health. REPORT OF CHARTER AND ORDINANCE OCUMI,TTEE - The Charter and Ordin- ance Committee renders the following report. Sky Signs r th reference to the recommendations of the Building Commis- si ones the committee recommends amendment of Building Code, Part VIII, Article IV relating to sky signs to prohibit all sky signs within the City of Ithaca• The committee's investigation reveals that there is very little demand for signs of this kind and that such sip,-ns are dangerous in that few buildings upon which they might be erected are so constructed as to provide safe anchorage. An amendment is submitted herewith for consideration by the Common Cotar cill: PROPOSED Al2NDMENT TO BUILDING. CODE Part VIII, Article IV of the Building Code of the City of Ithaca is hereby amended to read as follows: Article IV. SKY SIGNS Any letter, sign, work or other representation in the nature of an advertisement, announcement or direction, supported or attached wholly or in part over or above any wall, building or structure shall be deemed a sky sign. Sky signs are hereby prohibited. Skating Rink With reference to the petition for permission to operate a skating rink on Sunday and permission to operate billiard parlors on Sunday, the attention of the Committee has been directed to the two opinions of the Attorney General (1922 at page 207 and 1929 at page 307) expressing the opinion that Sections 2143 and 2145 of the Penal Law, prohibiting labor and public sports on Sunday, re- quire that public billiard rooms be closed. This matter is there- fore removed from regulation by local ordinance and the council is apparently without power to grant such permission either by ordin- ance or otherwise. The attorney for the petitioning billiard room owners has requested the City Attorney to request an up-to-date opinion from the Attorney General. This is being done. It seems that there is no action that can be taken on this matter by the Common Council. TAX-PAYER, TAX PAYING ELECTORS 'With reference to the clarification of the words tax-payer and tax paying electors as they appear in Sections 211 and 107 of the City Charter referring to the qualifications of certain public officers, the committee recommends that these terms be properly defined and to that end submits two proposed local laws for consid- eration. The committee recommends the immediate adoption of the pro- posed local law amending Section 122 of the Charter and suggests that any proposal to empower the Common Council to fix the salaries of City employees generally should be discussed by the entire council. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the Building Code, Part VIII, Article IV (Paragraph 5401) be and hereby is amended to read as follows: Article -IV. SKY SIGNS Any letter, sign, work or other representation in the nature of an advertisement, aunnouncement or direction, supported or attached. wholly or in part over or above any wall, building or structure shall be deemed a sky sign. SKY SIGNS ARE HEREBY PROHIBITED. Effective upon publication. Carried. 1 ,12 Common Council —4- September 6, 1:939 LOCAL LAW - RE APPOINTMT OF CITY CLERK & _DEPUTY CITY CLERK ANA FIXING THEIR COMPENSATION The Attorney announced that the necessary time had elapsed since the proposed amendment to Section 122 of the City Charter was presented to the Council, and that it should be voted upon at this time. By Alderman Vail, seconded by Alderman Hoover: LOCAL LAW q#2 — 1939 Be it enacted by the Comm_ on Council of the City of Ithaca as follows: Section 1. Section 122 of the Ithaca City Charter being Chapter 503 of the Laws of 1908 as amended by Chapter 572 of the Laws of 1915 is hereby amended to read as follows: Section 122. The Board of Public Works shall appoint a city clerk and may, in its descretion, appoint a deputy city clerk, to hold office for a period not exceeding four years, or to hold office during the pleasure of the Board, as it may decide. The Board shall fix the annual salary of the city clerk and deputy city clerk, which shall be in lieu of any and all fees prescribed by law, including, but not by way of limitation, fees payable under Article 20 of the Public Health Law to said city clerk as registrar of vital statis- tics. Section 2. This local law shall take effect immediately. Ayes 9 Nay s 0 Carried and Approved. Q,, /) /, I Approved Sept. 1939 Mayor �/ LOCAL LAR S, TAX PAYING ELECTORS AND ELECTIVE OFFICERS orney Powers presented a draft of a proposed local law to amend Section 107 of the Ithaca City Charter with naference to the qualifications of Commissioners of Public Works, and also a draft of a proposed local law to amend Section 211 of the Charter with reference to the qualifications of elective officers. The proposed local laws were discussed by the Council and amended to read as follows: Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. Section 107 of the Ithaca City Charter being Chapter 503 of the Laws of 1908 is hereby amended by adding a new paragraph at the end thereof, to read as follows: r The words "tax paying electors, " as used in this section, shall include only persons owning taxable real property within the City having an assessed value of at least $1..000. a vendee under an executory land contract, agreeing to pay real property taxes there- under, shall be deemed an owner of such real property for the par-- pose of this section. The ownership of such property shall be a continuing condition of tenure of office and in the event any such commissioner shall cease to own such property during his term of office, such office shall thereupon become vacant. This local law shall take effect immediately, but shall not affect the tenureof office of any person appointed prior to the effective date hereof. Be it enacted by the Common Council of the City of Ithaca as follows: To amend Section 211 of the Ithaca City Charter, being Chapter 503 of the Laws of 1908, is hereby amended to r ead as follows: Section 211. No person shall be eligible to any elective office provided by this act unless he shall own taxable real property with- in the City of Ithaca, having an assessed value of at least $1, 000. a vendee under an executory land contract, agreeing to pay real property taxes thereunder, shall be deemed an owner of such property 001-"11.011 COUNCIL - AUDIT SHEET September 6, 1939 Vendor Amount Joseph i:"or rison 7. 60 Ithaca Laundries, Inc. 1. 92 Amos Barns 3. 20 Yvew York Telephone Co. 40.98 Ja meson '. cYinney Co. .72 C. A. Snyder, City Chamberlain 3. 5 T.G. iller ' s Sons Paper Co. 3. 38 :, . G. Comfort 1.75 C. J. Runsey & Co. 10. 22 Harrison Ada.ns 33. 28 VanNatta Office Equip. Co. 1.80 e m. A. Church Co. 1. 50 H. A. Carey Co. , Inc. 6. 02 Shell Oil Co. , Inc. 33.76 _v.Y. S. Electric &Gas Corp. 55. 02 ,� . T. Pritchard . 20 C. J. Runsey & Co. 1. 22 Robinson & Carpenter .42 Chase Yati oval Bank 5. 00 1cBee Company 6. 36 T. Frit chard 36 . 00 A. C. Gibson Co. , Inc. - 53 N.Y. S. Electric & Gas Corp. 52- 90 Ithaca Journal 7. 6o Lavvrence 11. {int z 20- 00 ti` illiam .ia.rshall 16. 30 C. A. Snyder, City Chamberlain 3.84 tir+illian A. Church Co. 1. 75 American Coin Lock Co. , Inc. 7: Stall-man of Ithaca c• 7 Finance Coymittee 15t-y7t-V-111, ar 3 1 T�B� Common Council -rj- September 6, 1939 for the purposes of this section. The ownership of such property shall be a continuing condition of tenure of office and in the event any such office holder shall cease to own such property dur- ing his term of office, such office shall thereupon become vacant. This local law shall take effect immediately, but shall not affect the tenure of office of any person elected prior to the effective date hereof. By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that proposed local laws amending Sections 107 and 211 of the Ithaca City Charter as corrected and amended be laid upon the table, pursuant to the provisions of the City Home Rule Law. Carried. AUDIT By 'Alderman Barns, seconded by Alderman Rogalsky: Resolved, that the bills audited by the Finance Committee be, and the same hereby are approved and ordered paid. Carried. On :notion the meeting was adjourned to reconvene at the call of the �iay or. F. Springer City Clerk COMMON COUNCIL PROCEEDINGS City of Ithaca, N.Y. Regular Meeting 5: 00 P- M. October 4) 1939 Pa2SENT jv,y-iyor - Were Aldermen - Thompson, Mazza) Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Attorney - Powers �Iierk - Springer Engineer - Marble Engineer - Snyder L,c:'XUTES Minutes of the preceding meeting were duly approved* PIVING ASSESVENT-URS. FLCRENCE- AUSTIN Urs. Eugene Baker of the C�ETTTelfare Board appeared and requested the Council to cancel the r%oinaining paving assessment standing against the Austin property on Cliff Street, Mrs. Baker reported that the Child Welfare Board as well as the City Tjelfaxe Department are helping Mrs. Austin and that if the pav- ing assessment is cancelled Mrs. Austin will probably be able to - pay the taxes amounting to 6186. 26 which now stand against the prop- erty, and that if she is not relieved of some of the burden it will probably be necessary for the City Welfare Department to assume the entire support of the family. Attorney Powers expressed the opinion that the City has no legal right to cancel the assessment. It was regularly moved, seconded and carried that the matter be referred to the City Attorney for investigation and recommendations. HEARING ZONE CHANGE Mayor 'Myers announced that a public hearing to consider a petition to change the classification of the 1100 block of West State Street from "All resident to commercial, had been duly advertised for this time., and asked if any persons present wished to be heard on the matter. held September 15, 1939, the - It was explained that at a meeting he Planning Commission recommended that the Zone be changed. Attorney Simmons appeared for the petitioners, but several Aldermen expressed the opinion that due to the number of streets which intersect at this point it did not seera safe to permit the erection of a gas station at the corner of West State Street and Floral Avenue. By Alderman Leachtneauer, seconded by Alderman Gillette: Resolved, that the district remain as at present, and that the petition be denied. Unanimously Carried. Z01�t RELIEF BONDS the Clerk reported receipt from the Bond AttoTneyr of an approved ordinance authorizing the issuance of $86, 000. of bonds for home relief, and also an ordinance and resolutions for the sale of the bonds. By Alderman Adams, seconded by Alderman Barns: A RESOLUTION AUTHORIZING THE ISSUANCE OF $861000. OF BONDS FOR HOLE RELIEF. BE IT RESOLVED by the Common Council of the City of Ithaca as follows: Section 1. There shall be issued, pursuant to Section 49 of the Public Welfare Law of New York, as amended, bonds of the City of Ithaca of the aggregate principal amount of Eighty-six Thousand Dollars ($86, 000. ). Said bonds shall be designated "Home Relief Bonds" and shall be dated November 1, 1939 and shall be payablerin annual installments on November lst in each year as follows, will : Eight Thousand Dollars ($8, 000. ) of bonds in each of the years 1940 to 1943, inclusive., and Nine Thousand Dollars ($9,000- ) Of bonds in each of the years 1944 to ,1949, inclusive. Said bonds shall bear interest at ,a rate which shall not exceed six per centum ( 6%) per annum and shall be hereafter determined by resolution of the Common Council. Such interest shall be payable semi-annually on May 1st and November lBt. B�f� Common Council -2- October 4, 1939 Section 2. The faith and credit of said City are hereby pledged for the payment of the principal of said bonds and of the interest thereon, as such principal and interest- shall become due. A tax sufficient to �ay such principal and interest, as such principal and interest become due, shall be annually levied upon the taxable property in said City. Section 3. Said bonds shall consist of eighty-six bonds of the denomination of $1,000. each, numbered from 1 to 56, inclusive, in the order of their maturity and shall be coupon bonds, register- able as to both principal and interest. Both principal of and in- terest on said bonds shall be payable at the principal office of the Chase National Bank, in the Borough of Manhattan, City and State of New York. Said bonds and the coupons to be thereto attached shall be issued in such form as may be prescribed by resolution of the Common Council. Section 4. The sum of Fifty-one Thousand Five Hundred Dollars ($51, 500. ) to be raised by the issuance of said bonds shall be used solely for the purpose of paying the local share of home relief in said City in the year 1939 as determined in the manner prescribed by Section 49 of the Public Welfare Law. The Common Council has ascertained and hereby determines and declares that the total estimated cost of home relief in said City in the year 1939 is One Hundred Twenty Seven Thousand, Twenty-two Dollars ($127, 022. ) and that the estimated amount of State aid received or to be received therefor under the existing law and regulat73nsis Forty Thousand 4 Seven Hundred and Thirty-four Dollars 40 4. ) and that taxes in the amount of Thirty-four Thousand, Seven Hundred and Eighty-eight Dollars ($34,798- ) have been levied to meet such local share of home relief in said year. Section 5. The stun of Thirty-four Thousand Five Hundred Dollars ($34, 500- ) to be raised by the issuance of said bonds shall be used solely for the purpose of paying an outstanding $34, 500- certificate of indebtedness dated December 31, 1938, P0010 December 31, 1939, issued to pay the local share of home relief in said City in the year 1938 as determined in the manner prescribed by Section 49 of the Public Welfare Law. The Common Council has ascertained and hereby determines and declares that the total cost of home relief in said City in the year 1935 is Ninety-six Thousand, One Hundred and Thirty Dollars ( 96,130. ) and that the amount of State aid received therefor was Thirty-two Thousand, Five Hundred and Twelve Dollars ($32, 512. ) and that taxes in the amount of Twenty- nine Thousand, One Hundred and Eighteen Dollars ($29,115. ) have been levied to meet such local share of home relief in said year, and that there are no moneys in the City treasury of said City which are required by law to be used solely for the purpose of paying said certificate of indebtedness. Ayes 9 NIss 0 Carried. Approved October 4, 1939 May or By Alderman Rogalsky, seconded by Alderman Barns: WHEREAS the Common Council desires to make provisions for the sale of the J86,000. Home Relief Bonds authorized to be issued by the resolution adopted by the Common Council on the 4th day of October, 1939; NOff, THEREFM, BE IT RESOLVED by the Common Council of the City of Ithaca go follows: Section 1. The City Clerk is hereby authorized and directed to cause to be n1lblished, in the manner prescribed by law, a notice of sale of the ti6, 000. Home Relief Bonds authorized to be issued by the resolution adopted by the Common Council on the 4th day of October, 1939, in substantially the following form: Common Council -3- October 4, 1939 NOTICE OF BALE CITY OF I THACA, NEW YORK $86, 000. HONE RELIEF BONDS Sealed proposals will be received and considered by the Common Council of the City of Ithaca, at the City Hall in Ithaca, New York, -L:ntil Wednesday, the lot day of November, 19 9, at 4: 00 o'clock P.M. Eastern Standard Time) for the purchase of 86,000. Home Relief Bonds of the City of Ithaca. The bonds are dated November 1, 1939 and are payable in annual installments_ on November 1st in each year as follows: 8, 000, of bonds in each of the years 1940 to 1943 in- clusive, and 19, 000* of bonds in. each of the years 1944 to 1949, in- , elusive. The bonds will be of the denomination of $1,000. each and will be coupon bonds with privilege of conversion into registered bonds. Both principal and interest will be payable in lawful money of the United States of American at The Chase National Bank of the City of New York, in New York City. Interest will be payable semi- annually on May lot and November 1st. Bidders are invited to name the rate of interest which the bonds are to bear. The rate named must be a multiple of one--quarter or one-tenth of one per oentum, must not exceed six per centum, and must be the same for all of the bonds. The bonds will be awarded to the bidder offering to take them at the lowest rate of interest, at a price not less than par and accrued interest. As between bidd- ers naming the same rate of interest, the amount of premium will determine the award. No bid for less than all of the bonds will be considered. The right is reserved to reject any or all bids. The bonds- are authorized to be issued pursuant to Section 49, of the Public Welfare Law of New York for the local share of home relief. The City is authorized and required by law to levy on all taxable property of the City such ad valorem taxes as may be necessary to pay the bonds and the interest thereon without limita- tion as to rate or amount. The successful bidder will be furnished with the opinion of N.'essrs. Reed, Hoyt, Washburn & Clay, of' New York City, that the bonds are valid and binding obligations of the City of Ithaca. Proposals may be mailed in ,a sealed envelope marked on the outside "Proposal for Bonds" , and addressed to the undersigned City Clerk, City Hall, Ithaca, New York. Bidders must deposit with their bids a certified check for $1,720,s payable to the order of the City to secure the City against arty loss resulting from a fail- ure of the bidder to comply with the terms of his bid. Purchasers must pay accrued interest from the date of the bonds to the date of delivery. No interest will be allowed upon the amount of the de- posit made by the successful bidder. A detailed report of essential facts will be submitted to any interested bidder. The assessed valuation of the property subject to the taxing power of the City is $37P81216621.00; the total bonded de4t of the City, including the bonds described above, is 01, 987, 000. 00; the population of the City according to the most recent United States Census is 20,708; the bonded debt of the City does not include the debt of any other subdivision having power to levy taxes upon any or all of the property subject to the taxing power of the City. The seal year of the City begins on January lot. The amounts of taxes levied by the City for the fiscal years 1936, 193 and 1938 --Jere, respectively, $439o977- 35; $441,931- 02 and $48'70851043; the amounts of such taxes uncollected at the end of the respective fis- cal years were None, None and None; and the amounts of such taxes which remained uncollected as of the date of this notice were, re- spectively, None, None and None. The amount of taxes_ levied or to be levied for the current fiscal year is $484,482.34; the amount of said taxes which have been collected is $451,128.92. Common Council -4-- October 4, 1939 The City of Ithaca operates under a special. Charter enacted by Chapter 503 of the Laws of 1908 of New York, and the amendments thereto. By order of the Common Council. Dated: October 4, 1939. F. H. Springer, City Clerk Section 2. Sealed proposals for the purchase of said $86, 000. ° Home Relief Bonds shall be received and considered by the Common Council, and said bonds shall be sold, pursuant to and in accord- ance with said notice of sale. Ayes 9 Nays 0 Carried. Approved October 4, -1939 .t. t may or CHANGE OF HOUR OF MEETING FOR NIV-D-1°BER By Alderman Adams, seconded by Alderman Perry: Resolved, that the next regular meeting of the Council be held at 4: 00 P.14. E. S.T. November 1, 1939. Carried. :IRS. FRANCES 0. BRIGGS LETTER RE TAX PENALTY A letter from Mrs. Francis 00 Brigs of Ithaca Road was read requesting that a tax penalty of 06.14 be cancelled, since it is the first time the taxes have not been paid promptly. The Clerk was instructed to notify Mrs. Briggs that the law does not permit cancellation of a tax penalty. TRANSFER OF FUNDS The Clerk reported a request from the Board of Public Works or the transfer of the, balance of $426. 31 remaining in the Clinton Street bridge account to the Highway Sand. By Alderman Rogalsky, seconded by Alderman Gillette_: Resolved that the balance of the Clinton Street bridge account amounting to 4426.31 be and hereby is transferred to the Highway haintenance account #181. Carried. AIRPORT RUNWAY REPAIRS At the request of the Board of Public Works the Clerk reported that the north end of the runway at the airport is badly in need of repairs and should be repaired at once to avoid more extensive repairs next year. Engineer Marble report- ed that the estimated cost "would be $1, 600. and that it is rather late in the season to make the nee4ed repairs. Alderman Rogalsky expressed the opinion that 11r. Peters should submit a statement each year showing his income from the airport, to enable the Board to determine if he is paying sufficient rental.. By Alderman Adams, seconded by Alderman Perry: Resolved, that the matter be referred to the Finance Committee of the Council to confer with the Board of Public Works for in- vestigation and report to the Council. Carried. aRDINANCE RE SALE PETROLEMr. PRODUCTS Attorney Powers presented a draft of an ordinance regulating the sale at retail of petroleum products in the City. He stated that the ordinance was prepared at the request of the Ordinance Oommittee, and had been approved by that Committee. By Alderman Mazza, seconded by Alderman Thompson: Resolved, that Chapter II of the Ordinances of the City of Ithaca is hereby amended by adding thereto a new section to be designated section 40 as follows: CHAPTER II Section 40. Petroleum products; regulations re- ferring to sale at retail. (a) The following terms, as used in this section, are hereby defined as follows: "Petroleum product" means all products commonly or commercial- ly known or sold as gasoline and motor oil for use in internal com- bustion engines in motor vehicles. "Motor vehicle" shall mean motor vehicles as that term is de- fined in section 2, paragraph 8 of the Vehicle and Traffic Law. Common Council October 40 1939 "Sale at retail" means a sale of petroleum products to aM per- son by delivery of the same into the fuel tank or engine of a motor vehicle. "Retail petroleum dealer" means any firm, person, corporation, co-partnership or joint association engaged in the business of sell- ing petroleum products at retail. (b) Size of sign. It shall be unlawful to sell or offer for sale or advertise for sale at retail a petroleum product unless the retail petroleum dealer shall post and keep oontinously and con- spoiuously posted at the premises where such sale or offer for sale or advertisement of such products is matte, signs or placards not more than 6 1/2 inches in height and 9 1/2 inches in width, stating clearly and legibly with respect to each of the petroleum products, the retail selling price or prices per unit thereof, the combined State Tax and Federal Tax applicable thereto, and the total cost thereof to the purchasers, in three separate sets of figures. All letters, figures or numerals on each such sign or placard, shall be at least 1/4 of an inch in height and each and all of the lines or marks used in the making or forming of any or all such letters, figures or numerals which are a part of such sign shall be at least 1/9 of an inch in width. The advertisement or posting of a frac- tional part of .a price shall be indicated so that the numerator and denominator are of equal size and combined over-all size shall be the same as that of the whole number. (c) Attaching signs to dispensing apparatus. If such product is sold by the use of arty dispensing apparatus, said sign or placard shall be inserted in a bracket no more than seven inches in height and ten inches in width attached to the dispensing apparatus from which such products are dispensed, except that the selling price or prices of the petroleum product as usually appearing on the face of computing pumps through which such products are dispensed, shall be deemed a sufficient compliance with this section without any addi- tional price sign or placard. In any case, such sign or placard in brackets shall be so located and placed that it may be easily seen and read by purchasers or prospective purchasers of the product. (d) Changing placards. No such sign, placard or price oomr- puting scale shall be altered or changed to indicate the change of or difference in price or prices of any such products more than once in each calendar day. (e ) Other price advertising signs prohibited. No price sign, placard or se*le other than herein provided shall be posted or dis- played upon the premises where such products are sold or advertised for sale or at any other place within the City of Ithaca• (f) Discounts advertise for sale retail any l or offer for sale or adverver petroleum product at the price or prices other than the selling price or prices per unit of sale as posted in accordance with the provisions hereof, or to give or allow or offer in connection with any such sale any article of value or any concession whatsoever in the form of a re- bate, premium, combination offer, token, discount, lottery or gam6 of change, or in any other manner which shall or shall tend to effect a sale of such product at other than the posted price or prices. O State and Federal Taxes. The amount of state and/or federal taxes shall be separately listed upon the price sign or placard required by this section; the amount of such taxes may be included in the total sale price on price computing pumps which do not provide for a separate quotation of state and/or federal taxes. (h) Misbranding and adulteration prohibited. It shall be un- lawful for any person engaged in the business of selling petroleum products at retail to sell, offer for sale, or advertise for sale such product in any manner so as to deceive or tend to deceive the purchaser as to the nature, quality and identity thereof, or to sell, or offer for sale, or advertise for sale from any distribut- ing equipment any petroleum products except those manufactured or i Common Council -6- October 4, 1939 distributed by the manufacturer or distributor marketing such petroleum product under such name, trade name, brand, symbol or nark; or to dispense any petroleum product marketed under a name, trade name, brand, symbol or mark through any equipment other than equipment bearing such name, trade name, brand, symbol or mark; or to substitute, mix or adulterate petroleum products sold, offered for sale or distributed under a name, trade name, brand, symbol or mark. (i ) Violation of this ordinance shall constitute disorderly conduct. Ayes 9 Nays 0 Carried and Approved. TRAFFIC ORDINANCES - Attorney Powers presented for consideration, the following list of proposed changes in the city ordinances covering traffic regulations. He stated that these changes are necessitated by the fact that the subject matter of the various ordinances is now covered by statute, and that most of these sec- tions were added before the subject matter was included in the Vehicle and Traffic Law and have been rendered ineffective by the subsequent inclusion of their provision in the statute; others have become obsolete. Law now governing, or other Subject Chap. Sec. Proposed change reason for change Bicycles 111 5 repeal V.& Tr-L. 58:7 Cross-walks 10 repeal do 56:7 Loading veh. 11 amend first par. re loading covered lugs etc. on by V.& Tr.L. 14: 6; second Par. tractors re tractors etc. rewritten Coasting 12 repeal V.& Tr.L. 88: 5 Bridges 16 repeal obsolete & unenforcible, see V.& Tr. L. 51:12 Street cars 15 repeal obsolete Left turns VI 4 repeal Left turns V.& Tr.L 51: 2 Right turns Right turns do 51: 3 Stops on left) Stops on left do 56: 6 of road U-turns; obsolete in form, may U-turns be rewritten latter., if deL...- able. Bicycle Its. repeal V.& Tr.L. 79 Riders on repeal do 98:8 m of or cy c1 e s Mufflers 7 repeal do 15:1 Smoke f 5 repeal do 51:13 Interu ban ) 10 repeal Trans. Corp. L.& Franchises -. buss s intoxication 11 repeal V.& Tr. L. 70: 5 Lights ) 12 amend repeal Lights V.& Tr-L. 15: 2 Parking Lts. - Park.Lts. do 15: 6 Truck ,i� 1TTors iigtrrors do 15:11 All night Pk amend All night parking-rewritten '1eo. Big. 13 repeal Ped. duties at elec. signal Ped. & Veh. ' V.& Tr.L. 55:1; Veh. do 84. Street cars VII 2 repeal obsolete By Alderman Vail, seconded by Alderman Thompson: Resolved, that the following sections of the Ordinances of the City of Ithaca be and hereby are repealed: Chapter III, section 5, 10, 12, 16 and 15 M pte r VI, section 4, 5, 6, 7, 5, 10, 11 and 13 Chapter VII, section 2 Ayes 9 Mays 0 Carried and Approved. 140 Common Council -7- October 4, 1939 By Alderman Perry, seconded by Alderman Vail: Resolved, that Chapter III of the Ordinances of the City of Ithaca is hereby amended to read as follows: Chapter III, Section 11. Tractors, etc. , on City Streets. No tractor or other vehicle shall be operated upon or over any street within the City of Ithaca which has any projecting point, flange, rivet or bolt-head, rib, cleat, clamp or other projection attached to or forming a part of its wheels or runners in such a manner as to come in contact with the surface of such street. Violation of this ordinance shall constitute disorderly con- duct. Ayes 9 Nays 0 Carried and Approved. By Alderman Perry, seconded by Alderman Vail: Resolved, that Chapter VI, section 12 of the Ordinances of the City of Ithaca is hereby amended to read as follows: Chapter VI. Section 12. All Night Parking. Between the hours of 1: 30 A. M. and 6: 00 A. M. no vehicle shall be parked upon any street in the City of Ithaca for more than one hour, provided,how- eve r, that this restriction shall not apply to vehicles of the Fire Department, Police Department, Department of Public Works, Public Service Corporations or duly licensed physicians, while such vehicles are used in the performance of necessary official, emergency or professional duties. Violation of this ordinance shall constitute disorderly con- duct. Ayes 9 Nays 0 Carried and Approved. LOCAL LAW 7#1j2 RE APPOINTUENT OF CITY QL & DEPUTY CITY CLERK AND FIXI EI C E S Attorney reported at due o fai ure in ho ding a hearing on the local law passed at the last meeting it would be necessary to repass same. By Alderman Rogalsky, seconded by Alderman Leachtneauer: LOCAL LAW #2 - 1939 Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. Section 122 of the Ithaca City Charter being Chapter 503 of the Laws of 1908 as amended by Chapter 572 of the Laws of 1915 is hereby amended to read as follows: Section 122. The Board of Public Works shall appoint a city clerk and may, in its descretion, appoint a deputy city clerk, to hold office for a period not exceeding four years, or to hold office during the pleasure of the Board, as it may decide. The Board shall fix the annual salary of the city clerk and deputy city clerk, which shall be in lieu of any and all fees prescribed by law, in- cluding, but not by way of limitation, fees payable under Article 20 of the Public Health Law to said city clerk as registrar of vital statistics. Section 2. This local law shall take effect immediately. Ayes 9 Nays 0 Carried. Approved October /arm 1939• Q=4dJ,:A2 ay or LOCAL LAWS R 01MI STONERS 2F PUBLIC WORKS AND ELECTIVE OFFI ,�'.torney Powers announced that e necessary time had elapsed since the proposed amendments to section 107 and 211 of the City Charter was presented to the Council, and that they should be voted upon at this time. By Alderman Adams, seconded by Alderman Leachtneauer: 14 [ Common Council October 4, 1939 LOCAL LAW #3 - 1939 Be it enacted by the Common Council of the City of Ithaca as "oL1ows: Section 1. $-ection 107 of the Ithaca City Charter being Chapter 503 of the Laws of 1908 is hereby amended by adding a new paragraph at the- end thereof, to read as follows: The words "tax paying electors, " as used in this section, shall include only persons owning taxable real property within the City having an assessed value of at least $1, 000. a vendee under an executory land contract, agreeing to pay real property taxes there- under, shall be deemed an owner of such real property for the pur- pose of this section. The ownership of such property shall be a continuing condition of tenure of office and in the event any such commissioner shall cease to own such property during his term of office, such office shall thereupon became vacant. This local law shall take effect immediately, but shall not affect the tenure of office of any person appointed prior to the effective date hereof. w Ayes 9 Nay s 0 Carried. Approved October / i 1939 1L!V-1z1q gl;:� May or By Alderman Vail , seconded by Alderman Gillette: LOCAL LAW #4 - 1939 Be it enacted by' the Common Council of the City of Ithaca as follows: To amend Section 211 of the Ithaca City Charter, being Chapter 503 of the Laws of 1908, is hereby amended to read as follows: Section 211. No person shall be eligible to any elective office provided by this act unless he shall own taxable real property with- in the City of Ithaca, having an assessed value of at least $1 000. a vendee under an executory land contract, agreeing to pay real property taxes thereunder, shall be deemed an owner of such proper- ty for the purposes of this section. The ownership of such proper- ty shall be a continuing condition of tenure of office and in the event any such office holder shall cease to own such property dur- ing his term of office, such office shall thereupon become vacant. This local law shall take effect immediately, but shall not affect the tenure of office of any person elected prior to the effective date hereof. ` Ayes 9 Nays 0 Carried. Approved October 13 1939 Qt2_,d,1/4 av�it=n. Mayor MAGISTRATES CONVENTION`, Alderman Adams reported that City Judge Simpson attended a Magistrates convention in Albany on September 30, 1939 and recommended approval of his bill for necessary expenses. By Alderman Adams, seconded by Alderman Rogalsky: Resolved, that the bill for necessary expenses, not exceeding $25. 00 be approved for payment when presented. Carried. PARKING UEST STATE ST$EET Alderman Barns requested that a study be made of the parking situation on West State Street, where at present there are no restrictions. By Alderman Rogalsky, seconded by Alder--man Gillette: Resolved, that the matter be referred to the Police Committee for study and report. Carried. 142 Common Council -9- October 4, 1939 SOTP SIGNS Alderman Perry reported requests for the installation of stop signs on Ithaca Road at Mitchell Street and on Dryden Road at Eddy Street. By Alderman Rogalsky, seconded by Alderman Barns: Resolved, that the matter be referred to the P61ice Committee for study and report. Carried. AU_ D I T By Alderman Barns, seconded by Alderman Rogal sky: Resolved, that the bills audited by the Finance Committee be ° and the same hereby are approved and ordered paid. Carried. r W.PEA.PR ;ECTS Engineer Marble reported that three projects have been prepared for submission to the W.P.A. , two of the projects being for sanitary sewer enlargement on Mitchell and South Cayuga Streets and one for preparation of maps of the sanitary and storm sewers, and monumenting the streets and other public property. SIDEWALKS EAST STATE STREET Alderman Perry reported receipt of numerous complaints of the condition of the sidewalks on the south side of State Street from Eddy to the foot of the hill. By Alderman Perry, seconded by Alderman Rogal sky: Resolved, that the matter be called to the attention of the Board of Public Works for investigation and recommendations. Carried. On motion the meitting was adj ourned. F. H Springer City Clerk r it li October 4y 1939 i I Vendor Amou_nt Ithaca Journal 7.44 Dorton Printing Co. 2. 50 Vain atta Office �Ecfuip. Co. , Inc. 6. 96 A. Church Co. 7.15 T. F. 7allers Sons ' =�_� per Co. . 69 'li_e :-=tkinson Press 13.75 F. C. Thompson. 25. 00 E. E. Ingalls 25. 00 Prentice hall Inc. 2. 00 Tisdel ' s Repair Shop 2.10 Tae Snort shop 1. 05 John S. St eT art 7. 50 The Chase National 3anY 35. E Standard Oil of i'ew York 30. 24 General Electric Co. 375. 00 Stover Prinr:int Co. 3 +.75 & G anville .SP I ts.1aca La—undri e s Inc. 1. Shell Oil Co. x+5. 61 i".Y. S• .Electric & Gas Cor-o. 11. 2 T P,, - 2- 4 �' .: . 1 . � _1tC_a��',r d Ithaca Gear c?: Auto Parts Co. .�o Crouse-'-finds Co. 12. 34 7 18. 2 .Y. lele hone Co. 5 C. J . 11"iamsey & Co. 1 -. 09 Auto Body -Qt Ra c at or 71orizs 4.40 Indian Sales Co. . �0 e1 Confort 1r. 20 General Electric Co. 1r,5.1 _ 3 City G��w2__berla.in I tn�.�ca Journal 114- 36' Souire Insurance Agency 5. 00 r.: erican Coin Loci Co. 10. 76 1?•� �� e:-r am Yor Tele T _lone Co. 37.7 L By Finance C om.nA J_gee r _ 4F� C COMMON COUNCIL PROCEEDINGS City of Ithaca, N. Y. Regular Meeting 4: 00 P. M. November 1, 1939 PRESENT Mayor -- Myers Aldermen - Thompson, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Attorney - Powers Clerk - Springer Engineer - Marble Chamberlain - Snyder Police Commissioner - Comfort iYIINUTES MLirutes of the preceding meeting were duly approved. H OIKE RELIEF B%TD SALE Mayor Myers announced that the advertised time limit JLor .receiving bids for the purchase of the $56, 000. 00 Home Relief ?Dads had elapsed and that therefore it was in order to consider su(,I-. bids as had been duly filed. The Clerk, being authorized, opened and read the following proposals: Bidder Int. Rate Price F. H. Rollins & Sons Inc. 1. 25 $56,163. 31 Ira Haupt & Co. 1. 25 86,144. 00 Salomon Bros. & Hutzler 1. 25 56,129. 00 Harris Trust & Savings Bank 1. 25 56,117. 52 Hemphill Noyes & Co. 1. 25 86., 067-00 B. J. VanIngen & Co. 1. 25 56, 032. 65 Adams, McEntee & Co. 1. 30 56,1 95�. 66 Geo. B. Gibbons & Co. 1- 30 56,145.16 Lazard Freres & Co. 1. 30 56, 099.00 F. W. Reichard & Co. 1. 0 56, 017. 20 Kidder Peabody & Co. 1140 56, 326.50 First of Michigan Corporation 1. 40 562297. 62 M & T Trust Co. 1. 40 86p257.14 Halsey, Stuart & Co. 1. 40 56,196.05 Marine Trust Co. 1. 40 86,120- 50 Goldman Sachs & Co. 1. 40 56,103. 205 Tilney & Co, i.4o �6' o66.1b C. F. Childs & Co. Cit z. Trust of Fredonia, N.Y. 1.40 56',010. 00 Roosevelt & Wiegold Co. 1- 50 86., 267- 5 Union Sec. Corporation 1. 50 86) 257-14 Bacon Stevenson & Co. 1. 50 56, 23 . OS Paine, Webber & Co. 1, 50 56,1 .50 Sage, Rutty & Co. 1. 50 5 6,1 .15 Shields & Co. 1- 50 56, 062.75 Chas. H. Drew & Co. 1- 50 Sb, 042. 00 Ithaca Trust Co. 2. 00 56, 010. 00 Ithaca Sinking Fund 2. 00 86)' 000. 00 First National Bank of Ithaca 2. 25 56, 000. 00 all bids were accompanied by certified check in the amount of $1,720. 00- By Alderman Adams, seconded by Alderman Hoover: Resolved, that the sale of the $86, 000. 00 Home Relief Bonds be and the same hereby is awarded to E. H. Rollins & Sons Inc. , Wall Street, New York, N. Y. in accordance with the terms of their low bid, at an interest rate of one and one quarter (ij%) per .annum and at a price of $56,163. 31 plus accrued interest to date of deliv- ery of the bonds. Ayes 9 Thompson, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Rogalsky, Adams Kay 0 Motion Carried. Submitted to me and approved this 2nd day of November, 1939• P Ml " Maf or 44 Common Council -2- November 1, 1939 By Alderman Barns, seconded by Alderman Thompson: WHEREAS, the Common Council desires to make further provision for the issuance of the $86, 000 Home Relief Bonds authorized to be issued by the resolution adopted by the Common Council on the 4th day of October, 1939: NOV, THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca as follows: Section 1. Each of the $86, 000 Home Relief Bonds authorized to be issued by the resolution adopted by the Common Council on the 4th day of October, 1939, shall be issued in substantially the fol- lowing form: No. UNITED STATES OF AMERICA No. STATE OF NEW YORK CITY OF ITAACA $1, 000. HCUE RELIEF BCKD $1; 000. The City of Ithaca, a municipal corporation in the County of Tompkins and State of New York, for value received hereby aoknowl-- edges itself indebted and promises to pay to bearer, or, if this bond be registered, to the registered owner, his legal representa- tives, successors or assigns, the sum of ONE THOUSAND DOLLARS ($l, 000) on the lst day of November, 19__,_, with interest thereon from the date hereof at the rate of one and one quarter per centum (1. 25%) per annum, payable semi-annually on each May let and November let subsequent to the date of this bond, upon presentation and surrender of the annexed interest coupons as they severally become due, or, if this bond be converted into a registered bond, to the registered owner, his legal representatives, successors or assigns. Both principal of and interest on this bond are payable in,lawful money of the United States of America at the principal officer of The Chase National Bank of the City of New York, in the Borough of Mari- ha.ttan, City and State of New York. At the request of the holder of this bond, this bond will be converted into a registered bond, in accordance with the provisions of the General Municipal Law. If so converted, this bond will be transferable only upon presentation to the City Clerk with a written assignment duly acknowledged or proved, at which time the name of the assignee will be entered hereon and in the books kept for that purpose in the office of said City Clerk. This bond is one of an issue of bonds of like date and tenor, except as to maturity, and is issued pursuant to Section 49 of the Public Welfare Law of New York, as amended, and a resolution duly adopted by the Common Council of said City on the 4th day of October, 1939• It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of New York to exist, be performed or happen precedent to or in the issuance of this bond#. exist, have been performed and have happened, and that the issue of bonds of which this is one, together with all other indebtedness of said City, is within every debt and other limit prescribed by the Constitution or atAtutes of said State, and the full faith and credit of said City are hereby pledged for the punctual payment of the principal of and interest on this bond in accordance Vith its terms. Common Council 1- 4 5 -3- November 1, 1939 IN WITNESS WHEREOF, said City has caused its corporate seal to be hereunto affixed and attested by its City Clerk, and this bond to be signed by the Mayor and City Comptroller of said City, and the annexed coupons to bear the facsimile signature of said City Comptroller, and this bond to be dated November 1, 1939• May or ATTEST: City Comptroller City Cler Section 2. Each of the interest coupons to be attached to said bonds shall be in substantially the following form: May On the lst day of November, 19 , the City of Ithaca, in the County of Tompkins and State of New York, will pay to bearer the sun of SIX and 25/100 DOLLARS ($6.25) in lawful money of the United States of America at the principal office of The Chase National Bank of the City of New York, in the Borough of �:anhattan, City and State of New York, being six months interest then due on its Home Relief Bond, No. dated November 1, 1939• City Comptroller Section 3. There shall be endorsed upon each of said bonds provisions for the registration of said bonds in substantially the following form: WE HEREBY CERTIFY that upon presentation of the within bond with a written request by the owner thereof (hereinafter named) for its conversion into a registered bond, we have this day cut off and destroyed coupons attached thereto, numbered from to , inclusive, of the amount and value of Dollars($ ) each amounting in the aggregate to Dollars ($ ), and that the interest, at the rate of one and one quarter per centum (1. 25fo) per annum, payable semi--annually on the lst days of ?gay and November in each year, as was provided by the coupons, as well as the principal, is to be paid to legal representatives, successors or assigns, at the principal ffice of The Chase National Bank of the City of New York, in the Borough of Manhattan, City and State of New York, the place stated in the coupons. And the undersigned City Clerk hereby further certifies that such bond was this day registered in the name of said payee in the books kept in the office of the City Clerk. IN WITNESS THEREOF, we have hereunto set our hands and the seal of the City of Ithaca this day of , 19—. May or ATTEST: City Comptroller City Clerk (No writing below except by the City Clerk) Date of ; Name of Registered : Registered Regi strati.on Transferee : By City Clerk --- City Clerk 1. 46 Common Council -4-- November 1, 1939 Section 4. The Mayor, City Comptroller and City Clerk are hereby authorized and directed to execute said bonds when they shall have been sold by the Common Council in the manner provided by law. Ayes 9 Nays 0 Motion Carried. Approved November 2, 1939 May or A RESOLUTION AMENDING THE RESOLUTION AUTHORIZING THE ISSUANCE OF $56, 000 OF BONDS FCR HOME RELIEF, ADOPTED ON THE 4TH DAY OF OCTOBER, 1939• By Alderman Th ompp opA, seconded by Alderman Perry: BE IT RESOLVED by the Common Council of the City of Ithaca that Section 5 of the resolution entitled "A Resolution authorizing the issuance of $ 6 000 of bonds for home relief" , adopted by the Common Council on the 4th day of October, 1939, be and the same hereby is amended to read as follows: "Section 5. The sum of Thirty-four Thousand Five Hundred Dollars ($34, 500- ) to be raised by the issuance of said bonds sha.11 be used solely for the purpose of paying an out- standing $34, 500- certificate of indebtedness da.tedDecember 31, 1935, payable December 1, 1939, issued to pay the local share of home re- lief in said City in the year 1936 as determined in the manner pre- scribed by Section 49 of the Public tidelfare Law. The Common Council has ascertained and hereby determines and declares that the total cost of home relief in said City in the year 1935 is Ninety-six Thousand, One Hundred and Thirty Dollars ($96,130. ) and that the amount of State aid received therefor was Thirty-Two Thousand, Five Hundred and Twelve Dollars ($32, 512. ) and that taxes in the amount of Twenty-nine Thousand, One Hundred and Eighteen Dollars ($29,,118. ) have been levied to meet such local share of hone relief in said year, and that there are no moneys in the City treasury of said City which are required by law to be used solely for the purpose of pay- ing said certificate of indebtedness. " Ayes 9 Nay s 0 Carried. Approved November 2, 1939 a r Ilay or lltl-ly JO§gUA DAVIS LETTER A letter from Joshua Davis, candidate for Alderman from the second ward was read, protesting the Council' s action in passing Local Law #4 - 1939 which requires elected officers to own taxable real property, having an assessed value of at least $11$ 000. 00. By Alderman Perry, seconded by Alderman Rogalsky: Resolved, That the letter be referred to the City Attorney for reply. Carried. Alderman Mazza entered the Council Chamber at this point. SIDrv''ALKS - EAST STATE STREET The Clerk reported that the Board of Public Works has requested their Construction Committee to in- vestigate and make recommendations in regard to the sidewalks on the south side of East State Street from Eddy Street to the foot of the hill. TREE DAI,:AGE, TO SIDEWALKS The following resolution passed by the Board of Public Works was read: "Whereas this Board, recognizing developments in the tree sit- uation, and re c ogni zing .the damage the trees do to the sidewalks belonging to property owners, "Now Therefore Be It Resolved, that this Board recommend to the Common Council that the City Charter be amended so as to place responsibility of damage to sidewalks due to trees, upon the City. " Common Council November 1, 1939 1 4 7 By Alderman Rogalsky, seconded by Alderman Vail: Resolved, that the matter be referred to the City Attorney for study, with the view of placing responsibility for the care of trees upon the adjacent property owners, with services of the City Forestry department furnished at the property owners expense., CIVIL SERVICE CLASSIFICATION The Clerk reported that State Examiner, F. M. Hart, has found that several city employees are not properly classified on the payrolls, and that he suggested that the appointing powers- request the Municipal Civil Service Commission to approve temporary appointment of these persons pending examinations.. By Alderman Leachtneauer, seconded by Alderman Adams: Resolved, that the City Clerk be authorized and directed to request the Civil Service Commission to approve temporary appoint- ment of all employees under the Common Council who have Carriedquali- fied under Civil Service rules. DAMAGE CLAIM - JQ1iN HICKENLOOPER The Clerk reported that the Board of Pub is oaks recommend payment of a claim for damage to his car made by Mr. JohnC�tenatothe, cornerdofTioga and Lincoln drag line operated by the Y Streets. By Alderman Adams, seconded by Alderman Mazza: Resolved, that the claim for damage to car amounting to $15.00 filed by John Hickenlooper be paid. E. STATE STREET SANITARY SEWER pRCJECT Engineer er J&nrEleSr forted that the project for enlarging the sa ry Street has been approved by the W.P.A. who state that the project can be started next Monday if ghavalable.sponsor's share amounting to approximately $4) 200.00 is mad 500. 00 Attention was called to the fang that there is that the remaining in the contingent fund, a will appropriate W.P.A. are willing to start the project if the City 00. 00 at this time and assure the ea.P.A, authorities that the �2, 2 when need balance will be forthcoming seconded by Alderman Kazias. app By Alderman Leachtneauer, ro-- Resolved, that the sun of $2, 200. 00 be and hereby from the contingent fund for the E. State Street sanitary 0 pri at-d 2 000. 0 . sewer project. that the balance amounting to Bro riated when eneeded. be app P roved. Ayes 10 Carried and APP Nays 0 powers reported FI,�ENCE AUSTIN Attorney P aving assessment ;?AVING ASSESS?:�ENT balance of the paving that w to cancel the an enabling act, Welfare at there is no aYro erty, except by against the Austin I situation to Mr. Conlon of the Child he had explained the Board. Vail, reporting for the y�Ay$ Alderman orb nances with the PARKING - ARTERIAL HIGH the Council. ce Committee , submitted the p roved by the an Hoover: Poi that they be app b Al ds xm Or di nance s -recommendation Perry, seconded Y o f the City Alderman Section 2c adding the following: 1 Re solved, that Chapter he here amended by "ThirtY Minute Parking and Coxn Stxeetsa South. between Alba100 blocks ,f•orth an State Street, east side , South• Albany Street� 100 blocks �orth and plain Street , Effective upon publication. Carried and Approved. Ayes 10 Nays 0 ,cover'. rrY , seconded by Section 2 faof the City Ordinances By Alderman Pe ter VIA S adding the following'. Resolved, that Chap ended by „ i s hereby orth and g oath• +No Parking 100 blocks N Street , west aide, Albany on publication• d Approved. Effective uP Carried an Ayes �O 1- 4(S Common Council --6- November 1, 1939 By Alderman perry, seconded by Alderman Hoover: Resolved, that Chapter VI, Section 14 of the City Ordinances entitled "Arterial Highways" is hereby amended by adding the fol- lowing highways or parts of highways as main arteries of travel, to wit: East Seneca Street at its intersection with Stewart Aveni East Buffalo Street at its intersection with Stewart A- Eddy Street at its intersection with Dryden Road. State Highway route #13 at the intersection of Iv- 1,1Iitchell Street; west bound traffic on Mi+ northbound traffic on Ithaca Road appror section shall stop before entering t}­ Such Section 14 is further amend tion of Stewart Avenue to read as Stewart Avenue from its int- through its intersection with Effective upon publica' Ayes 10 Nay s 0 RELOCATING ELEr' By A1dP- Re so" and Elrr- Stop rP- N G, e xpe; WELFARE in regard Council to He aske, the sewing pr, whee to n that � ? Board CITY CHARTER, Al( of th Ooe�cil on J to ascertain the cob City Charter and Ord Print The Clerk reporte, City Attorney -1000- 00 a, before they coueedit the ld BY Alderman be Propc. Resolve that Thompson°n, COPY Of the City copy tm each Aldem , and an e After di Pre $an fern the BY Alderman m of i on Resolved, that the seconded Charter & Ordinance th matter be report. Committee, 1 and ti On motion the meeting was adj ourne Common Council, -5- November 1, 1939 1 Ti" By Alderman R ogal sky, seconded by Alderman Vail: Resolved, that the matter be referred to the City Attorney for study, with the view of placing responsibility for the care of trees upon the adjacent property owners, with services of the City Forestry department furnished at the property owners expense. Carried. CIVIL SERVICE CLASSIFICATION The Clerk reported that State Examiner, F. M. Hart, has found that several city employees are not properly classified on the payrolls, and that he suggested that the appointing powers request the Municipal Civil Service Commission to approve temporary appointment of these persons pending examinations. By Alderman Leachtneauer, seconded by Alderman Adams: ' Resolved, that the City Clerk be authorized and directed to request the Civil Service Commission to approve temporary appoint- ment of all employees under the Common Council who have not quali- fied under Civil Service rules. Carried. DAMAGE CLAIM - JOHN HICKENLOOPER The Clerk reported that the Board of Public Works recommend payment of a claim for damage to his car made by Mr. John Hickenlooper, caused by running into a drag line operated by the City at the corner of Tioga and Lincoln Streets. By Alderman Adams, seconded by Alderman Mazza: • Resolved, that the claim for damage to car amounting to $15.00 filed by John Hickenlooper be paid. Carried. E. STATE STREET SANITARY SEWER PRWECT Engineer Marble reported that the project for enlarging the sanitary sewer in E. State Street has been approved by the W.P.A. who state that the project can be started next Monday if the sponsor's share amounting to approximately $4, 200. 00 is made available. Attention was called to the fact that there is only $3, 500- 00 remaining in the contingent fund, and Mr. Marble reported that the W.P.A. are grilling to start the project if the City will appropriate $2, 200- 00 at this time and assure the W.P.A. authorities that the balance will be forthcoming when needed. By Alderman Leachtneauer, seconded by Alderman Mazza: Resolved, that the sum of $2, 200. 00 be and hereby is appro- priated. from the contingent fund for the E. State Street sanitary sewer project. Be It Further Resolved, that the balance amounting to $2, 000- 0Q be appropriated when needed. Ayes 10 Nay s 0 Carried and Approved. PAVING ASSESS1.1ENT - FLCRENCE AUSTIN Attorney Powers reported that there is no way to cancel the balance of the paving assessment against the Austin property, except by an enabling act, and that he had explained the situation to Mr. Conlon of the Child Welfare • Board. PARKING- ARTERIAL HIGH17AYS Alderman Vail, reporting for the Police Committee , submitted the following ordinances with the recommendation that they be approved by the Council. By Alderman Perry, seconded by Alderman Hoover: Resolved, that Chapter VI, Section 2c of the City Ordinances "Thirty Minute Parking" is hereby amended by adding the following: State Street, between Albany and Corn Streets. Albany Street, east side, 100 blocks +tiF.orth and South. Plain Street, 100 blocks North and South. Effective upon publication. Ayes 10 Nay s 0 Carried a6nnd Approved. By Alderman Perry, seconded by Alderman Hoover: Resolved, that Chapter VI, Section 2f of the City Ordinances "No Parking" is hereby amended by adding the following: Albany Street, west side, 100 blocks North and South. Effective upon publication. Ayes 10 Nays 0 Carried and Approved. . S Common Council -6- November 1, 1939 By Alderman Perry, seconded by Alderman Hoover: Resolved, that Chapter VI, Section 14 of the City Oi(dinanoes entitled "Arterial Highways" is hereby amended by adding the fol- lowing highways or parts of highways as main arteries of travel, to wit: East Seneca Street at its intersection with Stewart Avenue. East Buffalo Street at its intersection with Stewart Avenue. Eddy Street at its intersection with Dryden Road. State Highway route #13 at the intersection of Ithaca Road and 14itchell Street; west bound traffic on ',Mitchell Street and northbound traffic on Ithaca Road approaching such inter- section shall stop before entering the same. Such Section 14 is further amended by changing- the designa- tion of Stewart Avenue to read as follows: Stewart Avenue from its intersection with University Avenue through its intersection with Ozmun Place. Effective upon publication. Ayes 10 Nay s 0 Carried and Approved. RELOCATING ELECTRIC SIGNALS By Alderman Vail, seconded by Alderman Mazza: Resolved, that the Stop and Go signal now at ai t chell Street and Elmwood Avenue be moved to State and Plain Streets; that the Stop and Go signal now at Mitchell Street and Elmwood Avenue be replaced by a flasher Signal similar to the one at Mitchell and Cornell Streets. Unanimously carried. PARKING-+WEST SENECA STREET Alderman Gillette called attention to the congested condition of W. Seneca Street due to parking and stated that at times, it is very difficult for the Fire De- partment to get through in answering alarms. By Alderman Rogalsky, seconded by Alderman Perry: Resolved, that the matter be referred to the Police Committee for study and recommendations. Carried. AUDIT By Alderman R o gal sky, seconded by Alderman Vail: Resolved, that the bills audited by the Finance Committee be and the same hereby are approved and ordered paid. Carried. NOTICES_ OF TAXES SUE Alderman Rogalsky expressed the opinion that iZ considerable savings could Be effeotbdby eliminating the expense of advertising or posting notices of taxes due. Attorney Powers agreed to look up the law in this regard. WELFARE DEPARTgENT Alderman Barns called attention to various , problems of the Welfare Department, and to various proposed laws in regard to the administration of relief, and requested the Council to give them consideration. He asked the Council if they would approve continuation of the sewing project, and stated that the Board of Health could and would like to occupy the quarters now used by the sewing project, when that Board's present leaseexpires next April. CITY CHARTER. Alderman Thompson called attention to the action of the Council on January 5, 1938, when the Clerk was instructed to ascertain the cost of having from 100 to 500 copies of the City Charter and Ordinances published in loose leaf form. s The Clerk reported that the estimate as submitted by a local printer was $1, 000. 00 and that it would be necessary for the City Attorney to edit the present copies of Charter and Ordinances before they could be properly published. By Alderman Thompson, seconded by Alderman Adams: Resolved, that the City Clerk be directed to prepare a master copy of the Charter, and an estimate of the cost of furnishing a copy to each Alderman, and present same at the next regular meeting. After discussion the motion was withdrawn and it was moved: By Alderman Perry, seconded by Alderman Adams: Resolved, that the matter be referred to the City Attorney, Charter & Ordinance Committee, and the City Clerk for study and report. Carried. On motion the meeting was adjourned, �^ �,u .� F. H. 815ringerrCiiy Clerk COMMON COUNCIL PROCEEDINGS 149 City of Ithaca, N. Y. Regular Meeting 5:00 P. 1,. December 6, 1939 PRESENT Mayor - iyers Aldermen - Thompson, Mazza, Hoover, Barns, Gillette, Leachtneauer, Vail, Perry, Adams Attorney - Powers Clerk - Springer Chamberlain Snyder Engineer -- Marble Police Comm. - Comfort MINUTES Minutes of the preceding meeting were duly approved. ZONE CHANGE WEST STATE STREET Attorney L. N. Simmons appeared and requested the Council to again consider changing to commercial, the westerly part of the block bounded by VTest State Street, Floral Ave. , and Vest Seneca Street, and stated that he understood the Planning Commission had again recommended the change. The following report of the committee from the Planning Commission together with the resolution passed by the Commission was read: "Report of the committee appointed to study change of zone in the block bounded by West State Street, Floral Avenue and West Seneca Street. The committee recommencb that the zone classifica- tion of that westerly portion of this block now zoned as A residen- tial be changed to commercial. The easterly end of the block is now zoned commercial. The boundary between the two zones at present cuts obliquely across one of the properties facing West State Street. Incidentally this un- desirable situation would be obviated by the -change recommended. The committed has visited, observed and studied the conditions on the tract in question. The outstanding fact on the ground is the identity of the character of use in development of this tract with those areas adjacent to the south, east and north. The land lies on a level contiguous with these areas. It Is separated from areas to the west by the abruptly rising grade of West Hill. All of the property fronting the hill street is distinctly removed not only in level but in distance. There seems, to the committee, that there is no sound, justi- fiable reason why the tract concerning which their opinion is asked should be zoned differently from adjoining level areas mentioned. These areas are zoned commercial and industrial. The entire territory is occuppied by a poor and deteriorated residential use. The change of zone would in no wise interfere with the existing use. Nor would it interfere with an extension of this use. On the othe.: hand, it would seem likely that incident to any sale of this property for residential purposes would go a deterioration of ocoup,- a.ncy. The assessable value in this neighborhood now is very s1mall. The only increase in value to the owners or to the city would appear to lie in a use other than residential. At the northwesterly corner of the block in question, the corner of West State Street and Floral Avenue,there is a request for a use other than residential. The committee feels that rezoning to permit this use, would be an improvement and is desirable. The development sought would inevitably give a better visibility at a corner now obstructed in view and the fact that a gift to the City of 10 feet of land along Floral Avenue is involved should be noted. Respectfully submitted Eugene D. Montillon, Chairman for the Committee Resolved that the report with recommendations as submitted be and hereby is approved. Be It Further Resolved that these recommendations be submitted to the Common Council with the recommendation that this section be changed to commercial zone. Carried and Approved. " By Alderman Gillette, seconded by Alderman Mazza: Resolved, that action on this matter be deferred. Carried. 150 Common Council -2•- December 6, 1939 APPOINT:XNT G. C. HASSAN 001C ISSIONER OF PUBLIC WORKS Mayor Myers announced the appointment of George C. Hassan to the office of Commissioner of Public Works to complete the term of Leonard Iliscall, , resigned. By Alderman Adams, seconded by Alderman Mazza: Resolved, that the appointment be and the same hereby is approved. Ayes S Nays 1 Carried.. PAINTING POLICE STATION Police Commissioner Comfort reported that there Ml be a small surplus .in the police department budget this year and requested the Council to appropriate 135. of this surplus for painting the police station. By Alderman Vail, seconded by Alderman Mazza: Resolved, that +„ie sum of $135. or as much thereof as may be necessary be and the same hereby is appropriated for painting the police station. Carried. VAOANCI Ste- _POLICE DEPARTMENT Commissioner Comfort reported that there are now two vacancies in the police department in addition to one man laid up temporarily -and requested that at least one man be appointed at this time. By Alderman Vail, seconded by Alderman Leachtneauer: Resolved, that Mayor : yens be requested to appoint one man to the police force from the existing eligible list. Carried. RECHECKING VOTING HAO INES The Clerk reported that due to an amendment oft the election law it has been necessary to recheck all voting machines thirty days after the general election in November and that two men in addition to the regular custodians worked one half day each at rechecking and requested authority to pay these men when bills are presented. .8y Alderman Adams, seconded by Alderman Vail: Resolve,d, that the Clerk- be and he hereby is authorized to pay these checkers $3. 50 each when bills are presented. Carried. ISSUING DOG LI0ENSES The Clerk requested permission to hire extra help during January and February to aid in issuing dog licenses. By Alderman Adams, seconded by Alderman Gillette: Resolved, that the Clerk be authorized to hire one extra person during January and February to aid in issuing dog licenses at a salary not to- exceed $20.00 weekly. Carried. HENRIETTA DUNK DAMAGE CLAIM The Clerk reported receipt of claim and intention to sue in- the amount of $250. filed by Henrietta Dunn of 1013 N. Tioga Street for damages alleged to have been sus- tained when she fell on the sidewalk on the east side of North Aurora Street in the 700 block. Attorney Powers recommended that the claim be rejected. By Alderman Perry,, seconded by Alderman Adams, Resolved, that the claim be rejected and the claimant notified to that effect. Carried. REPAIRS TO VOTING MACHINES The Clerk reported that considerable difficulty was experienced this year with the voting machines and that a representative of the Automatic Voting iiachine Corp. had ins eeted these machines and estimated the cost of necessary repairs at 144. 70 if the work can be done when a representative of the Company is in this vicinity, previous to the next general election. By Alderman Perry, seconded by Alder man Hoover: Resolved, that the Clerk be authorized to arrange with the Company for these repairs. Carried. PURCHASE - NEW VOTING 14ACHINE The Clerk reported receipt of a communication from the Automatic Voting Machine Corp. advising that no orders will be taken for machines at the price of $980.00 for delivery next year unless contracts for sat* are made prior to December 31st and also that the allowance for the old machines is to be cut to 50.00 on that date. By Alderman Hoover, seconded by Alderman Mazza: Resolved, that the Clerk be authorized and directed to execute a contract with the Voting Machine Corporation for the purchase of one new machine, delivery and payment to be made by May 1,' 1940. Unanimously Carried and Approved. t CCU11"RCN COUNCIL - AUDIT SHEET November 1, 1939 Lawrence M. i intz � 10. 00 Ithaca Journal 31.92 Norton Printing Co. 7. 50 Stanley IV. Arend Co. 2.00 Van Natta Office Equip. Co. , Inc. 7. 23 T. G. Millers Sons Paper Co. 3. 82 Signal Service Corp. 57. 42 N.Y. Telephone Co. 9. 26 Vim. T. Pritchard •85 E. G. Holmes & Son 2.41 Harrison Adams 8. 32 Ithaca. Gear & Auto Parts Co. . 8 N. Y. S. Electric & Gas Corp. 50.20 i; C. A. Snyder, City Chamberlain b.60 A. C. Gibson Co. , Inc. •38 N. Y. Telephone Co. 45.1 Ithaca Laundries Inc. 1.l ?l John F Warren] 14. D. 10. 00 t Finance Co=aittee �' f'`•f r[.'�.�7�"v' CPC�.r� '��'M�G,,✓"p`'.r', 6,`;,�,,.-r^'�"'w^"�S i II i 1[ r p P" ,4 Common Council -3- December 6, 1939 CITY CHAREER - COPIES The Clerk submitted the following estimate for making copies of the City Charter 12 copies (mimeographed) bound 40 if it loose $275. 00 12 copies (typed) $1 +8. 00 By Alderman Adams, seconded by Alderman Barns: Resolved, that the matter of preparing copies of the City Charter be tabled for one month. Carried. REAPPROPRIATION OF FUND TO THE HIGH17AY BUDGET The Clerk reported that a bill in the amount $101-17 had been rendered the N.Y. S. Electric & Gas Corp. for work done by the Highway Department and that the Board of Public Works requests the Council to appropriate this amount to the highway budget when reoeiv(od. By Alderman Adams, seconded by Alderman Leachtneauer: Resolved, that the sum of $101.17 be appropriated to the highway budget when received from the Electric & Gas Corporation. Carried. fENPORARY APPROPRIATION TO THE SEWAGE PLANT PROJECT The Clerk re- ported the request from the Board of Public Works for a temporary loan of .$1200. to complete payment due the Dall pompa:ty for croak bn the sewage disposal plant. It was explained that due to the refusal of the P.W.A. to make the final grant until all work is completed makes it necessary to secure funds from some other source to nay the Dall Company. By Alderman Leachtneauer, seconded by Alderman Barns: Resolved, that the sun of $1100. or as much thereof as may be necessary be temporarily appropriated from the contingent fund to the sewage plant construction fund for use in making the payment due the Dall Company. Unanimously Carried. LIABILITY FOR WORK DONE BY CITY ON STATE HIGHWAYS Attorney Powers reported that in addition to the $1000. liability bond now on file with the State Highway Department, a resolution guaranteeing proper restoration of highway and protection of the State against any damage which might arise during progress of the work authorized by any permit issued by the State Highway Department is required. By Alderman Perry, seconded by Alderman Hoover: Whereas the City of Ithaca renders water and sewer service to certain areas outside of the city making necessary the installation, maintenance, repairs and operation of water and sewer mains and service lines along or across state, county and/ox town highways,and -` Whereas a permit must be obtained before any such operations may be started and state, county and town must be indemnified against loss and restoration of the highway guaranteed, Now Therefore Be It Resolved, that the City of Ithaca hereby undertakes and gees properly to restore any and all state, county -and/or town highways opened by the City of Ithaca for any installa- tion, maintenance or repair of water and/or sewer mains or service lines and agrees to hold and defend the state, county and towns harmless on account of any damage of any kind whatsoever, which slight arise during the progress of the work authorized by any permit issued by the State Highway Department, its agents or offices at the request or upon. the Order of the Board of Public Works of the City of Ithaca. This resolution shall not affect the indemnity bond now on file with the State Highway Department covering this liability. Unanimously Carried. RUSSELL DA!.AGE CLAIMS Attorney Powers reported that the jury re- turned a verdict of no cause of action in the suit against the City on account of collision with a fire truck. SEELEY DAIaGE CLAIMS Attorney Powers reported that the jury had returned a verdict in the amount of $500.00 and coots agai:�zst tie cit- in favor of Meeker Seeley for injuries sustained when he fell anon a sidewalk in East Seneca Street. He stated that in view of the evidence it did not seem a fair verdict and recommended an appeal which would cost between $50. and x$75. By Alderman Adams, seconded by Alderman Vail: Resolved, that the City Attorney be authorized and directed to appeal the Seeley case. Carried. Common Council -4- December 6, 1939 .AUDIT By Alderman Barns, seconded by Alderman Hoover: Resolved, that the bills audited by the Finance Coy-muittee be and the same hereby are approved and ordered paid. Carried. BUDGET Due to the lateness of the hour, it was suggested that budget consideration be given at an adjourned meeting of the Council. By Alderman Leachtneauer, seconded by Alderman Vail: Resolved, that a:iayor-elect Campbell and the newly elected members of the Common Council be invited to attend the adjourned meeting to be held for budget discussion. Unanimously Carried. It was regularly moved, seconded and carried that the meeting be adjourned to 7:00 P. ?: • Thursday, December 14, 1939• F. H. Springer City Clerk . 1 CO3Z. Oj� COU ?CIL - AUDIT S1iEET December 6, 1939 i Vendor Amount Tom-okins Studio $ 31. 75 Norton Printing Co. 7. 50 Ithaca Journal 3Z1. 8Z 0. 30 New York Telephone Co.Burroughs Adding =iacine Co. 47.g T. G. ;Millers ' Sons Paper Co. 5:94 C. A. Snyder, City Chwaberlain 5. 69 F. H. Springer 27. 55 F. C. Th.o-meson 25. 00 E. E. Ingalls 25.00 ' Ogden C. Kerr 36.00 Lawrence Wilkinson 22. 25 Fred L. Elston 20. 75 Lary S. Sinners 3. 00 Larence 1:4'. 17.intz 10.00 Harold E. Simpson 15. 50 atthew Binder & Co. 5-00 First National Bank 2.05 Reed, Hoyt, Washburn & Clay 184-70 Marine Trust Co. 16 75 Seneca Street Garage 12. b5 Tum. T. Pritchard 9. 10 Auto Body & Radiator Works 2.70 Standard Oil of X. Y. 91.04 Ithaca Gear & Auto Works 3.49 Dean Phipps Auto Stores 13 Indian Sales �, 5 Ithaca Laundries Inc. 1. 68 J. J. Driscoll 34.17 John Sacchi 17. 50 Stallman of Ithaca 1. 53 C. J. Ramsey & Co. � 72 ?lines Pharmacy . 21 Neer York Telephone Co. 9. 26 Harrison AdaLns, Sheriff 3 72 C. A. Woolsey Paint & Color Co. 36. 50 Andy Soyring 2. 94 C. J. Runisey & Co. 2.93 Persons-11ajestic 'Ufg. Co. 4o.96 Crouse-Hinds Company 1. 85 Jamieson McKinney Co. , Inc. 17. 70 Amos A. Barris 10. 96 W. S. Darley & Co. 27.95 N. Y. S. Electric & Gas Corp. 49.91 V.Y. S. Electric & Gas Corp. 54- 20 N. Y. S. Electric & Gas Corp. 0. 6 Stover Printing Co. 54. 50 Finance Committee o BOARD OF HEALTH December 6, 1939 Dr. M. J. Foran $40.00 Crawford' s Dept. Store 10.75 Fahey' s Pharmacy 3. 91 Dr. J. W. Judd 50.00 Mrs. Mabel Carlton 11. 80 fVestwood Pharmaca.l Corp. 8. 30 Mrs. Helen Netro 6.80 E. Mae Mandeville 13.00 Laura A. Head 10. 35 Tompkins County Memorial Hospital 1. 50 T. G. Miller' s Sons Paper Co. 31.61 Dr. M. J. Kolar 48.06 A. H. Stubblefield 3.90 Tompkins Co. Tbc. and Pub. Health Assn. 75.00 N. Y. State Elec. & Gas Corp. 3.26 Mrs. Madora Baker 10.00 Corner Book Store 10.00 N. Y. Telephone Co. 7.13 Finance Committee ............... I lil °4 CO'--,.*OIT COTU.1.1 OIL PROCZEDIP S City of Ithaca Z-Y. Addoux-ne'd Reguliz g 7:00 r.;::. Dece �iber 14, 1939 -� yers .L de r�_ien a, Borns, Gillette, Leac1itneauer, Vail, Ferry, ROsalsI-Y, _�da:-,is _01.der Ste-ohens, S--ur-L)er, Gibb Co-­i:.-1. of _,1-ub!,ic '0or':s - Egbert Attorney 11owers En,i­_,eer Cler Snringer Deputy Cier'_L - Blean Forester Baker .11TUTES 'i----.ut e s o f the preceding -.-.leeting were duly approved. . ORD 17,211_"S CE - IIT CORRIDORS Attorney Powers prese-Alited for consideration a proposed a.�iencLient to Section 1P 011a-)ter 8 of the City Ordi-aaaaces, relative to lighting in the corridors of hotels, lodging houses, etc. By Alder-.aan Adalms, seconded by Alder-aan ',azza: Resolved, that Cha-pter VIII Section 15 of the City Ordinances is 'hereby a2ended to read as follows: Sec. I --Lights in Corriders of H'otels, Lod-;i;ig Houses, Etc. 5 LD The olj,rner, lessee, _,aanager' or' other person in charge of any and evexy]aotel, tene--.-ie-nt house, apart:-lent house, house, and all Other buildings while occu7Died as sleeningapart­.,.e-,ts or used as a public, dance hall or aeeting 1-)lace, extent one and two fa:.ii ly iriva,te residences, s1aall, fen` the purnose of protecting life and i.- -it of fire, and Ikeep li-hted from sunset -property I the evert U to sluarise at least one li•-:,ht on each floor near the %ilainflight of a-_,ad sucil additional lip .Lats necessary to li-lit the i-iiain or Other st,-Ars leadin[_, to floors occupied, cas .-,lay be directed by the Chief of the Fire De-oart--.ient, a_-ad -oro,,)eTlir and adequately light all halls aid corridors during the hours s,.)ecified, and at such other tiiies as the natural ill-miinatio.La is not adequate for the safe use thereof, unless w�xitten T)er-.,,issior, be obtained fro;'i the Chief of the Fire Del-)art .--e-,at to dis-oe-nse t;,,,ith any 1i,---,,ilts so recill-ired, the loca- `Gio-ta Of suc"a li`'.Lits at all ti.--aes to be in `U-Ile discretion of the O'.ief of the Fire Denart�-Ile-nt. Also, all -min entrr,:-ices of such build-LIE;s w]iile so occu-oied sjiall re-.,iain imaloc!Led unless loc'.7-ed wit" a nif 'it 1cv",-c_.L1 loci,-, -4�'roia the i-aside. which does not loc', Viola,'Gion of t1ais Ordina-jace sAall constitute disorderly conduct. effective upon -,.)ub 1 i ca;t i on. k"'Tes 9 0 Carried a,.-Id .1--)-oroved- I ORD I TAXICAB DRIVERS Attorney Powers presented for consid- eration a -proposed a--le-rld_-,ient to Section 3, Chapter 4 of the City OTdina;lces, relative to taxicabs, taxicab drivers, vehicles for hire. By Alder. ian Hoover, seconded by �,lder:aan ierry: Resolved., that the first se7te-,aCe of the third paragraph of Sectioil 3, Cha-pter IV of -the City OrdinT--loes is liereby revealed and t le f 011 01T�Ting is liereby added in lieu thereof: Tile Chief of Police shall investigate or c,-,use to be investigate all such a-r)lications and ascertain to his satisfaction that the ..-leets the following requirei-Iients: 1. as never bee-n convicted of a felony. 2. 'Is of �°ood moral charac-ter and rei')utat�on 3- Is _not a frenue.-,.at or Iaabitual user of i_-itoxic,-:1,.-,`ts to excess or of drugs. 4. Is -,)1,,­sic,-llly fit for the safe operation of a vehicle. 3. Is reasonably "P,-11iliaz wit:,, the of the City. LD - I To o license shall be issued to any nerson not :-.1eeting the fore- E-oint, re(:!,L,,.ire--ients to t1ie satisfaction of the Chief of I-olive and �'__ae f,�,ilu_-�,e to -,-,ieet any of such require:-cents shall be dee:-ied callse U1 for the sus-,-)ensiDii or revooatio-,i of any lice:)-se heretofore or here- after -'ranted. U :effective ixom-ri --)iYblication- Ayes 9 Nays 0 Carried and AT)-)roved. 0o;1i11on Council - - Dece,_lber 14, 1939 TG:-.PKIYS COUYTY `,ELF_�RE DEPT, RFQ'JEST A letter from 7:r. R. C. Va---i arter of the County 7elf,?"re Dent. was read, regl.xesting e, waiver of the ordinance in regard to peddlers in the case of Robert Reeves of 717 i';. Court Street. .r. Van::arter stated that Reeves is nearl�r blind and wishes the privilege of sellin, articles of his own :na'_;e, to aid in his own sup,-)ort. Attorney Powers stated that ordinances now in effect can-._.ot be waived. By A1denia51 Vail, seconded by Alderman Adams: Resolved, that the ::latter be referred to the Charter & Ordinance Com,_iittee for investigation and report. Carried. HtIDR.;.11 T REI TAL-VILLAGE OF CAYU A HEIGHTS The Clerk reported that the Board: of Public in- at the :.ieeting herd- Dece::lber 13J. 1939 creased the fee charged the Village of Cayuga Heights for hydrant service fro.1 $12. 00 to ; 40. 00 per hydrant per year, effective January 1, 1940. CITY HYDRUNT SERVICE The Cler'.c reported that at the suggestion of State Examiner Hart the Board of Public Wior',.cs. discussed the sub- ject of restoring the charge for hydrant service in the City, but that the Board felt the charge should not be restored at this time. BOARD OF HEALTH OFFICE Q.UART"RS. The Cleri;: reported that the rent al tine -present office quarters of the Der)t. of Health is to be in creased to $95. 00 per ;1ionth when the present lease expires in April, and that the depa-rt;ne'_zt has requested the Council to give considera- tion to the -problem. • By Ada-.,-.is,' seconded by Alder-.:Ian Perry: Resolved, that tine :natter be r eferred to the ca:1--:littee on re- lations with the Health Depart-_1e_it for investigation and re-oort. Carried. BUDGET Prior to discussion of the detailed items in the budget cox 1940, various :71atters ill connQction with the budget were brought to the attention of the Alder-,-Ale--I. and were disposed of as follows: By Alder:-.1e11 Ada;,is, seconded by gilder ia_z Perry: Resolved, that the Aldermen-Elect be given --)xivilege of the floor. Carried. Hydrant Cizar e� The Cleric reported t1zat State E'xw.liner, F. Hart, suggested that an itei�i for hydrant service in the City should be included in the budp;et for 1940. Yo action was talcen- SewiizL, Project :alder _ian Barns re,-)orted that a sewing 1?roj ect -ias been -pre Jared for subi:iissio_.,. to '".r.A. and stated that the s.-)orisox 's share is in- cluded i-a the welfare budget. ."-,e stated this 'project, in addition to keeping several persons off relief, produced a great a-lloulZt of clothi-n which is used for welfare clients. By .`alderman Leachtneauw'r, seconded by Alderman Resolved, that the sewin :' project be and h,ereloy is approved and ordered filed with authorities. Carried. Cornell L�brary letter fro.-.,l :.-r. Chas. E. Cornell, President of the Cor-iell Library Board of Trustees, requesting an increase of 5P600. 00 in rental ?aid aunually to the Library Association, was prese-:Ited. The letter stated that this increase would per::lit the assoeiatio_-i to equip "Library mall" for library purposes. By AlderI-Ian ferry, seconded by Alderman Vail : Resolved, that the ite��i for rent of quarters i:ri the Library Building be increased to ; 2600.00 an-ivally begin_��.ing Jenuary 1, 1940. U:a zi.aou sly Carried. The Tet he budget requisitions for 1940 were next discussed and agreed u-oon, and it was regularly :iioved, seconded a:�d carried that the ten- tative budget for 1940 as a-'iended (a copy of w .i.ch is herelivith a o-oended) be approved. C CW "f Ithaca, New York December 6, 1939 Hon. Mayor and Aldermen: I herewith present the following budget requisitions, as filed by the official of the various departments for the year 1940: ACCOUNTS 1938 1939 1940 1940 FINAL FII',AL PROPOSED TENTATIVE 1. Board of Public Works 110 Clerk ' s Office ;11) 460. $13, 673- x}11, 015. 114 B. P.i4. Admin. 3, 00. 3i 400. 3, 400. 116 City En`:r 's Office 8) 000. 8, 400. 8" 400. 119 City Hall 8,,100. 7,,,8`00. 120 Isolation Hospital 125. 125. 125. 160 Sewers - General 7, 000. 00. 500. 161 Street Cleaning 8500 9, 000. 9, 000. 162 Refuse & Garbage 22, 000. 22, 000. 22, 100. 164 Sewage Disposal Plant 12, 000. 10, 600. Jb . Franklin St. 165 Sewage— Buffalo St. 1) 000. 1, 000. 1,075. 166 Sewage — Wood St. 365. 365. 415• 167 Sewage — Cherry St. 340. 340. 375. 168 Stor:,,z Sewers 2, r-00. 2, 500- 4, 000. 169 Plumbing Inspector 1, 200. 1, 50. 1, 450. 180 Street Lighting 20, 074. 21, 663. 2568. 3 181 Highway aintenance 25, 000. 31, 000. 26, 000. 182 Snow & Ice 3, 000- 102000. 3, 000- 18 Dept. Buildings 500. 500. 1) 000. - a �, 184 Bridge 1.::aintenance 5, 000- 3, 000. x• 185 Creel- _;aintenance 1, 500- 1, 200. 2, 520. 186 Shop 111aintenance 1) 800. 2, 500- 2, 900- 230 Pare Dept. - General 9, 200. 9, 200. 9, 200. 231 Percy Field 250. . 00.232 Stewart Park 6, 400. 6, �50 00. 6, 40000.. 233 Treman Park 800. 800. 800. 234 Golf Course 31900. 3, 900- 3, 900- 235 Airport 1) 850- 700. 1-59 250 T,un. Par -il.g Area 3, 110. 3, 110. 3, 110. 251 i!>un. Comfort Station 1, 125. 1, 1-5. 1, 325- 400 Cemetery 51300- 4, 000. 3, 600. __— ___--- TOTAL - Bd. of Pb. '"corks 175, 299.- 1!Z, 661- I_8g;- 8• /8 3' 5 � 2. Public .elfare 190 Home Relief Admin. 11, 868. 17, 672_. 17, 3,99- • 191 Home Relief 51, 750• 57, 850- 108, 600. 200 Old Age Ade:in. 0. 8 618. 201 Old A�e Assistance 25, 000. X7, 000. 112, 500. TOTAL - Public ,'elfare 18_. 180, 072. 24 11 . 3. Public Health 15 Administrative 5, 425- 5, 035• 5, X60 151 Conserv. & Inspection 7, 000- 5, 7515. 1, . 152 Isolation Hosp. Care 400. 400. 200. 15� Parochial Schools 1, 350. 1, 350. 15� Venereal Clinic 400• , 255• 275• 155 Dlisc. Health Clinics 61665. 07455- 6, 4206- 156 % osquito Control 450. 550. 550. 157 Lunacy Exam 100. 100. 100. TOTAL - Public Health 20, 44o. 19, 940. 1 40. 4. Fire Depart Vent o 332 Fire Fighting 5�, 280. r, � Sys7 S 133 paint. of Buildings , 075. — TOTAL - Fire Department 53 8�„r . 60 625-o- -2- ACCOUNTS 1935 1939 194o 194o FINAL FINAL PROPOSED TENTATIVE 5. Under Control of Council 101 Aldermen 200. 200. 200. 102 I.Tayor 's Office 21850- 2, 850- 2, 880. 108 0haumberlain' s Office 8) 319- 8, 982. 5, 534. ill Assessors ' Office 2, 675- 3) 153• 2, 765- 1-12 Attorney ' s Office 2) 700- 2, 700- 2, 700- 113 Civil Service Co:--1111- 200. 200. 300- 117 Elections 4, 56o. 4, 832- 4, 733- 118 city Court 4, 900. 4, 950- 5, 060• 121 Planning Corimission 250- 250- 450- 128 El.-.ap- Retirement System 1433�7- 13, 951- 14, 000. 129 Undisti,ibuted Expense 1, 7 ,5- 2, 060. 1, 710- 130 Police Dept. '--5� 307- 53, 300- -55 r- • 134 Bldg. Co.-mm. 1/1 1 23�;• 1 ; 035- � - 459• 137 Sealer of Wts- & :.leas. 1, .250- 1) 435- 1, 300- 139 Traffic Control 100. 260 -iscella-neous 13) 225- 11, 475- 11, 175- 261 Comp. 3, 500- 2, 500- 2, 000. /Sip Contingent 15, 000.- TOTAL - Under Council 117, 053-. 6. Debt Service 270 Principal 142 000. 140, U00. 1�3� 000- 272 Interest 48' 118• 43, 737- '0 761. 273 Int. on Loans 500. 500• - 7)00.- TOTAL - Debt Service 190, 618. 184,=- 194, 261�- 7. Construction and Permanent I.-;iprove-.Ients Curb and Gutter 2, 000. 4; 000. Surface Treat Dirt Streets 8, 500- 10� 000. Cliff St. Sewer 9, 253• Six .-.-'ile Creel: Clean U-,,,) 2, 2F,' Suj)-,-,,le-,�.,iental Bond Issue Sewage Pl. Z2�- Sidewall: Project 12, 000. To Complete Flood Cont. Project 750• Spencer St. Storm Sewer 750• Plain St. Bridge 30, 000. Van Natta Bridge 50, 000- Seneca St. Plain; Proposed 13, 580- Sanitary Sewers 7-P.A. 1;, 000. Creel,, *5,9.11 Repairs 1938 4, 000. A j-,f'j?0 T,,C V-7- . Lump S un / .3 TOTAL - Const-&Perm- Laps. 000. 24, 6o2. j:3#; Foilowi:,,r-, is a recapitulation of the entire ;budget requi- sition by groups as provided by the Cit7 Charter together with a com,parison for 2 previous yearz : 1938 1939 194o 194o FINAL FINAL 'PROPOSED TLEIS,TATIVE 1. For Bd. of Public 1,7 cs- 174, 899. 187, 601: 1-.�, - 2. It it It 11 ,Welfare 91, 48. 18020�2• 247, 117- it It 11 Health 20, 44o. 19, 9 0. 19, 40. 4. It If Fire Conmfiiss- 59, 855- 601625- gq U5 , 3 5. All Others TT-ndeT Counc. 117, 0 -53. 129, 1-71•- TOTAL - i.aintenance 463, 595- 577, 471- 6. For Debt Service 190, 615. 184, 23 --------- 194, 261. "/ 2- 3,Y TOTAL -- Current Expense 654, 213- 761,700- 64 71,-"6: 7000. 24, 602. . For Const-&Perm- I-japs. 502 2 1 7-7---7— lr-'T'�'AYD TOTAL BUDGET 704, 213, J8` 310. -3- ESTIMATED IIJCOME According to information available at this time our assessed valuation for 1940 will be approximately $38, 175, 963. 001 Vie have estimated revenues other titan those received through direct taxation at $247, 450. 00 for 1940. From the above figures we have arrived at the following estimated income for the coming year and show it in coaparison with tiiat of the present year,. 1940 Estimate ?. iscel. Rev. $244, 052- 82 $247, 450. 2F- -& Res. for Current Oblig. 22, 172. 57 Res. for Debt Ret. 4,' 1 9.08 ? Surpl,as fxom prior year 31,_433-19- ? 301, 8 27. 66 247, 450. 25 Tax Levy G $12. 80 per I=. 484,482--34 4818, 6,2. 32 786, 310- 00 736, 102. 57 Each 40 cent increase in tax rate will produce X15, 270. 3 . Respectfully suLrritted F. H. pririger, �ty Clerk Common Council -3- December 14, 1939 SIDEWAU DA::AGE BY TREES Attorney rowers expressed the opinion ITT responsibility for trees on City property cannot be returned to owners of abutting ?property. By Alderman Ro gals_.y, seconded by Alderman Vail : Resolved, that the Common Council hereby establishes the policy that sidewalk damage by whatever cause be an, obligation of the abutting property owners: that the abutting property owners be responsible Tor replacing all sidewal ks: that the City furnish the services of the Forestry Depart: e nt in tri.1mizg tree roots. Carried. :..SAP PROJECT Engineer !:arble celled attention to a project, approved by tip'.P.A. to prepare claps of the sanitary sewers and neater Dains and to monument city property, which the Council has allready approved but which was not included in the budget requisitions as filed. The project was unanimously approved. G ASOLINE PURCHASES BY FIRE DEPAM ENT The matter of purchases of gasoline for the Fire Depart .lent was discussed, and it was :-:loved By Alderman 7 !zza, seconded by Alderman Vail: Resolved, that future purchases of gasoline by the Fire Depart- ment be __lade udder the contract :lade by the Board of Public lorls, for other City departnents, Carried. SE AGE DISPOSAL PLANT Engineer ::arble explained the financial s atus of the sewage disposal plant project, and called attention to the fact that chlorination of the effluent may be required by the State Dept. of Health, and asked if the cost of installation of the necessary machinery must be .let with funds allotted for construction and per�anent improvements. Yo action was taken. RETIRING :-.iYOR AM ALDER:.= Alder:,lan Adaas requested per_:iission to prepare and submit a proper resolution showing appreciation of the services of the retiring nayor and Aldermen. It was -regularly Moved, seconded and unanimously carried that Alderman idwas be permitted to prepare a suitable resolution to be spread upon the minutes of the Council. .,ayor ::ye-rs expressed appreciation of the thought and wished all present the best of luck. x On :notion the .Meeting was adjourned. F. H. E inter " City Jerk t 1_56 COi,ia:ON COMTOIL PROCEEDINGS City of Ithaca., N. Y. Special i:ieeting 5:00 P. ii. December 29, 1939 PRESENT iiayor - ers Aldermen -- Hoover, Barns, Gillette, Leachtneauer, Vail, Rogalsky, A darn s Attorney -- Powers Clerk - Springer Chamberlain - Snyder Police Commissioner -- Comfort iiayor i.:yers announced the meeting was called to audit the final bills for 1939, and to transact lsueh other business as might regularly come before the Council. FURNITURE-POLICE DEPART.,:ENT 'Alderman Barns questioned the nur-- chase of 8 chairs for the Police Deartment at a cost of X191.12. ` He stated that he was certain suitab le Del chairs could be 1)urchased much more reasonably. Commissioner Comfort stated that it was felt that the purchase of a good quality of steel furniture would be the most economical, due to its longer life. The Aldermen agreed that the purchase of all equi.niilent for the Police DeiDart lent should be discussed, and agreed upon with the Police Coiz-.iit tee from the Council, and that bids should be secured for the purchase of the chairs Deeded at this time. By Alder ,an Rogalsky, seconded by Alderman Barns: Resolved, that the bill for X191. 12 for furniture for the Police Denartnent be denied. Carried. AUDIT By Alder::ian Rogals y, seconded by Alderi:la,n Barns: Resolved, that the bills audited by tine 7inance Co:nr_iittee be and the same hereby are ap?roved and ordered paid. Carried. RETIRIZG OFFICIALS In accordance with the resolution passed by the Council at the meeting held December 14, 1939, the following testi ionial prei)ared by Alde-r:nan Ada:-is was presented and ordered spread upon the minutes. By Alder:.lan Adar_is, seconded by Alderman Gillette: 7;HEREAS, the Honorable Joseph B. i:yers, i:ayor of the City of Ithaca from January 1, 1935, to Deceiiiber 31, 1939, has for Many years devoted his time and energies to the development of a better Ithaca; and :EREAS, during his incui~�bancy as i;:ay or, ,nary worthwhile public im-orovements have been initiated and carried to completion at s;iiall , cost to the City of Ithaca; and the city 's bonded indebtedness has been decreased by over 5237, 850; and Iv7HEREAS, certain i7iiembers of the Common Council; Vainely, Alder- men Frank -Hoover, George A. Rogalsky, and Harold A. Tho,iipson have during their respective terms of office as iilei-abers of the Calmnon Council of the City of Ithaca, Few Yorl , nerformed extraordinary services and exercised unusual judgiient and discretion in matters vitally affecting the management and development of the City; and -,`HEREAS, during the incwnbaney of ::ayor :.:yens, certain appoint- ive officers of the City have well and faithfully performed the duties, and assumed the responsibilities of their respective offices; and ;v_-_EREAS, the above--mentioned :ayor Joseph B. ::yers and Alder- aezi Frank Hoover, George A. Roga,ls..y, and Harold A. Thompson, and certain an-Dointive officers of the City tenilinate their respective positions as ad_iinistrators of the affairs of the City or. December 31, 1939- NO% Ti MEFORE, be it resolved by the CormAon Council of the City of Ithaca, Few York, 0010. ON COU11CIL - AUDIT SHEET December 29, 1939 Vendor Amount 'Henry Troemner 63. 4 • A. C. Gibson Co. , Inc. . 80 •Addressogranh Sales Agency 13. 00 • iii. Y. Telephone Co. 9. 26 ` vv am T. Pritchard 17. 63 Van Nat ta. Office Equip. 10. 27 . Kee Lox 1 fg. Co. 7. 25 • '�. J. aa,.:nons 130. 00 • Stallman of Ithaca. 26. 78 • Par -er & Granville . 75 • Ithaca Gear & :auto farts 6. 98 • Ithaca Journal 7. 20 • La=trence i; . a: intz 20. 00 • C. 41. Snyder, City Chamberlain 7. 62 (09 N. Y. S. .Electric & Gas CoriD. 31. 78 T. D. Caranbell 6. 00 Standard Oil of N. Y. z6 Henry R. Head 22. 75 The Curtain Shoe 4. 50 Finance Co,.,Lni tt ee E W I 1 f Board of Health December 29, 1939 I )r. P. J. Robinson $10.00 " I. F. Smith Wallpaper & Paint Shop 34.91 }r. M. J. Foran 40.00 Vestwood Pharmacal Corp. g.a7 r. J. W. Judd 50.00 ° has. E. HoughtalinE Publisher, Alban)r, N. Y. 2.10 lan Natta Office Equip lent Co. 102.00 -1 a.n Natta Office Equipment Co. 1. 70 l rs. Madora. Baker 10.00✓ Deck' s Furniture House, Inc. 134.62 T. r G. Id2iller' s Sons Paper Co. a,SO �. i 3 5 Common Council -2- December 29, 1939 THAT the Common Council of the City of Ithaca, Yew York, ex- presses its appreciation to the above-mentioned outgoing officials for the many years of loyal and faithful service rendered to the City. Carried. 7ELF A32 BUDGET Aldernan Barns reported that a substantial surplus is indicated in the welfare budget for 1939, and it was agreed that discussion of the 1940 budget should be deferred until the new Council is installed. nSOLIZE MCA M BY FIRE DEPART:_ 7T Alderman Gillette reported } that Chief Reilly would Me to purchase a good grade of white gas for use of the Fire Department since the leaded ;gas causes a great deal of carburetor trouble due to the livited use of the apnaratus. He stated that white gas can be purchased at a price from one to two cents above the present contract price. By Alder:ian Vail, seconded by Alderman Rogalsky: Resolved, that the ._tatter be tabled for discussion at the next regular meeting. Carried. BOARD OF WALTH OFFICT PQRTERS Alderman Hoover, Chairman of the co nittee on relations with the Board of Health, reported that a meetinS had been held with the Health Officials• By Alder:lan Barns, seconded by Alderman Adams: Resolved, that the ::latter be tabled for discussion at the next regular meeting. Carried. On motion the meeting was adjourned. eS14 F. H. Springer Ci y Clerk V,