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MN-CC-1970
COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 11:00 a.m. January 1, 1970 PRESENT: Mayor - Kiely M.yor-Elect - Hnnna Johns Aldermen (12) - Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bangs, Holland, Slattery, Saccueci, Sullivan, Feldt Aldermen-Elect (3) - Michael Robinson, John Blanchard, and Edward Conley ABSEIIT: Aldermen (2) - Anderson, Tolles OTHERS PRESENT: Attorney - Barrett Controller - Russell Chief of Police - VanOstrand City Clerk - Blean Urban Renewal Director - Daley Deputy Clerk - Grey City Planner - Kasprxak Building Commissioner - Jones In addition to those listed above, several Friends and interested citizens were present also. Mayor Kiely called the meeting to order at 11:04 a.m. for the purpose of inaugurating Mayor-Elect Johns and his administration. Several items of old business were acted upon as follows: By Alderman Bangs: seconded by Alderman Spano RESOLVED, that the minutes of the last regular meeting held on December 3, 1969 and the special meetings held on December 10th and December 17th, be approved as recorded by the Clerk. Carried. LOUIS WITHIAM - RESIGIATION: The Clerk read a letter, dated December 31, 1969, from Louis Withiam announcing his resignation as Police Commissioner, effective December 31, 1969. Mayor Kiely praised Mr. Withiam's work during his term of office and accepted his resignation with regrets. C. J. CALISTRI: By Alderman Feldt: seconded by Alderman Boronkay WHEREAS, Clo J. Calistri has served the City of Ithaca faithfully and efficiently as Deputy Assessor from January 1, 1955 until December 31, 1960 and as City Assessor from January 1, 1961 until December 31, 1969, and G,EREAS, the City of Ithaca found it necessary to terminate his services, effective December 31, 1969, in order to permit the transfer of this function of City government to Tompkins County, effective January 1, 1970, under provisions of its Charter, 14OW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca, New York, hereby extends to Clo its thanks and appreciation for his services rendered to the City in his official capacity and his constant awareness of problems within his jurisdiction and his willingness to help solve these problems as they have arisen, and BE IT FURTHER RESOLVED, that this resolution be approved and spread upon the minutes of this session; and that a copy thereof be presented to Clo. Carried. SICK LEAVE POLICY: By Alderman Bangs: seconded by Alderman Feldt RESOLVED, that the Sick Leave Policy for City Officers and employees who are not represent- ed by Bargaining Agents be established as follows, effective December 30, 1969: Sick Leave shall accumulate at the rate of one day per month reaching a maximum accumulation of 100 days. All sick leave shall be credited on a month to month basis beginning one month after date of employment. Sick leave time may be used after an employee has completed six months employment in the City. Unused sick leave to an employee's credit, upon his retirement shall be computed at his current regular rate of pay and applied to the payment cf extended health and accident insurance coverage. An employee who suffers injuries in the course of his employment, and who is entitled to sick leave benefits, way elect to use such b=efits in lieu of Workwen's Compensation benefits during the period of his disability, Any payments made by the Workmen's Compensation Board for loss of time shall be paid to the City of Ithaca. Carried. v AUDIT: By Alderman Bangs: seconded by Alderman Saccueci RE30LVED, that the bills audited and approved by the Finance Committee in the total w-count of $46,607,91, as listed on audit abstract #15-1969, be approved for payment. Carried. 2 -9- December 17, 1969 U.S.N.R. CENTER FACILITY: Alderman Slattery presented and read a Memo, dated December 17, 1969, entitled "Youth Bureau Proposal for use of U.S. Naval Reserve Center" . He recommended its approval. (Copy attached) By Alderman Slattery: seconded by Alderman Holland RESOLVED, that the Youth Bureau's proposal for use of the U.S. Naval Reserve Training facility on N. Cayuga Street Ext. be approved and adopted. Carried. CLIFF STREET GUIIE RAIL: Alderman Nordheimer presented and recommended approval of a U request from the Board of Public Works for an appropriation of $500.00 for a guide rail ` on Cliff Street. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the sum of $500.00 be and it hereby is appropriated from the General Fund Contingent Fund to Current Appropriations , budget account #A101B - Highway Maintenance, to finance the cost of installing a guide rail on the easterly side of Cliff Street in the vicinity of Williams Glen Road. AYES: 12 NAYS: 0 Carried, COMPENSATION PLAN AMENDMENT: By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the 1970 Compensation Plan for Department Heads and Assistants be amended by upgrading the position of Street & Sanitation Supervisor to grade 39 with his 1970 salary established at step 8 of grade 39, as requested 'by the Board of Public Works. Carried. CORNELL UNIVERSITY: Controller Russell reported receipt of a check in the amount of 25,000 from Cornell University as a donation toward the cost of fire protection during the year 1969. BUS FINANCING: Controller Russell requested approval to transfer $53,550.00 from Water and Sewer Fund to the General Fund to pay for the City's three new buses pending receipt of State and Federal aid therefor. By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that the Controller's request be approved; and that the Council hereby authorizes him to make such transfer as may be necessary for the temporary financing of the City's new transit buses; and that he be directed to reimburse immediately said Water and Sewer Fund,upon receipt of State and Federal aid, for any amounts transferrred. Carried. MASONIC TEMPLE PROPERTY: Attorney Barrett reported that the City Assessor's opinion that the Masonic Temple's real estate property is taxable had been upheld by a ruling of the Appellate Division and therefom it would retain its taxable status on the Tax Roll. Having concluded its business for 1969 and in anticipation of turning over the reins of government to the Mayor-Elect Johns and his administration on January lst, it was moved by Alderman Feldt, seconded by Alderman Spano and carried that this meeting be recessed until 11:00 a.m. on January 1, 1970. (Meeting recessed at 10:30 p.m.) r Geo. A. Blean, City Clerk i-- ,_ ck K. Kiely, Mayor 2p January 1, 1970 JACK K. KIELY; Alderman IJordheimer called attention to the fact that a new son had been born to Mayor Kiely and Mrs. Kiely on December 31, 1969 and congratulated him on behalf of members of the Council. He then offered the following: By Ald.Nordheimer;Sec. by wichols WHEREAS, today marks the end of Jack Kiely's term as Mayor of the City of Ithaca, and WHEREAS, during the past two years Mayor Kiely has brought new dimensions to the office of Mayor through his vigorous exercise of the powers of the office and his youthful and energetic pursuit of the public good, and WHEREAS, the citizens of Ithaca have benefited by his great ability and fulltime attention to matters of fiscal management, administrative coordination, and protection of the rights, property and physical well-being of all citizens, and WHEREAS, he has-been able, through his leadership ability, to attract and retain professional and lay persons to the cause of better government and public service, and by this ability, he has been able to start, continue, and complete numerous programs, projects, and policies of both his own and previous administrations and has been able to accomplish this without ever once resorting to the use of the Mayoral power of veto, and WHEREAS, he has been able to lead the City into the new decade with the support of both his own and opposing political parties; NOW THEREFORE BE IT RESOLVED by the Ithaca Common Council meeting in adjourned session this lst day of January 1970, that the Common Council expresses its appreciation and gratitude for his outstanding public service, and extends its best wishes for success in his future endeavors and BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of this Common Council and that the City Clerk be directed to deliver a certified copy of this resolution to Mayor Kiely over the seal of the City of Ithaca. Unanimously carried. Mayor Kiely expressed his thanks with appropriate remarks and stated he had enjoyed his work during his term as Mayor of the City of Ithaca. He extended his thanks to the citizens of the. City who had elected him to office and given him the privilege of serving as the City`s chief executive during the past two years. OUTGOING ALDERIVILN: Mayor Kiely called Alderman Holland to the rostrum and presented him with an alderman's badge of office in recognition of his services. Mr. Holland accepted the badge and thanked members of the Council and the voters of his ward for giving him the privilege of serving during his term of office. He felt it was an enjoyable and rewarding experience for him. Mayor Kiely presented similar badges to Alderman Anderson and Alderman 'Iolles. In their absence the badges were accepted on their behalf by Alderman Bangs and Alderman Feldt. MAYOR: Mayor Kiely then called Mayor-Elect Johns to the rostruw where he took the oath of v ;office and was sworn in as Mayor by the City Clerk. He then formally turned the reins of government over to Mayor Johns by presenting him with the Mayor's badge of authority as head of the Police Department and the gavel, symbol of authority, as Chairman of the Common Council and other Municipal Boards. Before departing from the rostrum, Mr. Kiely reminded Mayor Johns of the importance of the Mayor's position, wished him and his administration the best of luck in the years ahead, and pledged his support to the new administration in any way he could, if called upon. The Clerk presented a badge of office to Mr. Kiely in recognition of his services during his term of office as Mayor. At the request of Mayor Johns all those present arose and joined him in a pledge of allegiance to the American Flag. He then accepted the duties of his office with the following prepared statement: " I am grateful for the opportunity to serve the people of the City of Ithaca as their Mayor once more and it is a pleasure to work with the members of Council in what I hope will be a productive term of office. I pledge to the members of Council that I will cooperate with them and I hope that they in turn will cooperate with the Mayor. When we enter this Council Chamber, politics should be left at the door and only the good of the City should influence our decisions and votes. " Two years ago when I left this office, the City had. a lot of projects and problems going and we still have much to be done today. " The election campaign is of course now over, but during that campaign certain issues were raised and by their choice of Mayor, the people have indicated their decision on items that were discussed in that election campaign. It is up to us to carry out the people's wish. " The issue of public housing was certainly one of those issues. I propose to Council that the City should not involve itself in public housing where private capital is ready ,hand able to provide it. We should re-examine some of the projects'previously discussed and the emphasis from now on should be on rehabilitation and subsidy of our present living quarters. We should not be involved in middle incaae or student housing. Common Council should determine eligibility for these projects. " Next a deadline should be placed on projects in the City which have dragged on for too long, such as South Cayuga Street, State and Aurora Streets and Ithaca Festival. These 250 --3- January 1, ly� roust be brought to a head and buildings placed on vacant lots. I recognize however the difficulty that present high interest rates and high labor costs which set in in the last two years have brought. " I personally think that we have moved too fast on public subsidy of the proposed two parking ramps and suggest further study on this. More study is needed as to whether we can afford the possible loss and whether there are suitable alternatives. I propose that all efforts be made to get private developments on the Tax Roll, We must try to hold the tax rate and this is one of the best ways to do it, We must also stop and take a good hard look at all these new projects being constantly proposed. Can we afford them and is it worth the increase in taxes that it would bring? " I expect the utmost cooperation with our City Departments. With the high cost of living and the state of our economy, I ask our Department Heads to take a hard look before filling any vacancies . [cages are the largest part of our budget and if we are able to not fill vacant jobs this would represent a large savings to the taxpayers. °i During the next two years we must prepare ourselves for a possible shortage of water and increased problems in refuse disposal. Cooperation between the City and the County is essential in this and other areas. As Mayor, I will be prepared to work with the County in the solution of our mutual problems including public housing in which the County must take a part. I again call upon the Council and the County to attempt to settle our differences on the sales tax. A separate City sales tax is a great burden on the businessmen of our City and it would seem that with some give and take, the City and County should arrive at a suitable solution. (Rochester and Syracuse receive their share on percentage basis) . . " I call upon our neighboring towns, villages and colleges also to cooperate with the City,. A situation where they use our parks, recreation programs, fire, police and other facilities, with the City taxpayers bearing the cost cannot continue. They must pay their share or the City will have to consider restricting the use of these facilities to those paying for their cost, the City residents. " The site of elderly housing must be reconsidered by this Council. Our senior citizens want this located in downtown Ithaca and since they are the ones that have to live in it, their views should have been considered. " The Mayor of course is head of the Police Department. It is my intention to make sure that fair and impartial administration of the law shall prevail in Ithaca. Also the problem of drugs and shoplifting by students in the High School and Junior High Schools of our City is a problem that must be faced by our community. I call upon the school administration to step up its education program making full use of our trained Police personnel. These are our future citizens and they must be helped. l " Next I wish to pledge the full cooperation of this administration to Cornell Universit; Ithaca College and the other major employers of our area. " The door to the Mayor's office is always open to the citizens of Ithaca and I shall do my best to help where possible all those with problems. To make this a better community, more citizens must be involved in our problems. Thank you and I thank all those who conferred this honor upon me and I shall do my very best to live up to their expectations." "" CITY ATTORNEY: Mayor Johns announced his appointment of Fred Weinstein as City Attorney for a two-year term, ending December 31, 1971. Mr. Weinstein took the oath of office and was seated at his desk for the balance of the proceedings . Mayor Johns asked all aldermen-elect to come before the rostrum, where, each in turn, took the oath of office and was sworn in by the City Clerk. They were assigned their desks and seated for the balance of the proceedings. ✓ GEORGE PFANN` JR. - ACTING CITY JUDGE: Mayor Johns announced his appointment of George Pfann, Jr. as Acting City Judge for a one-year term, ending December 31, 1970, and requested Council approval thereof. By Alderman Bangs: seconded by Alderman Robinson RESOLVED, that the Mayor's appointment of George Pfann, Jr. as Acting City Judge for the term ending December 31, 1970 be approved and confirmed. Carried. v" PAUL 14. TAVELLI -- CITY PROSECUTOR: Mayor Johns announced his appointment of Paul 14.1i'avelli as City Prosecutor for a two-year term ending December 31, 1971. Mr. Tavelli, who was present, took the oath of office and was sworn in by the City Clerk. STANDING COMMITTEES: Mayor Johns announce his appointment of the following Standing Committees of the Council for 1970; FINANCE A11D ACC0U1JTS Rundle, Chairman Robinson, V.Chmn. Hangs hits. Jones CHARTER & ORDIiiA11C Boronkay, Chairman Feldt, Vice Chmn. Firs . Jones N ordheimer �°. -4- .�enuary X, ly7U 251 PUBLIC SAFETY Sullivan, Chairman Spano, Vice Chmn. 5aneucci Blanchard PUBLIC WORKS & COUIJ`1'Y RELATIONS Robinson, Chairman Conley, Vice Chian. Saccucci Mrs. Nichols YOUTH & R CR ATION Slattery, Chairman Conley, Vice Chian. Mrs. Jones Spano URBAN RE14EWAL & INDUSTRIAL DEVELOP1v"iT Rundle, Chairman Blanchard, Vice Chmn. Sullivan Robinson GRIEVAiiC: Saccucci, Chairman Bangs, Vice Chmn. Boronkay Jordheimer EHPLOYEE, RELATIONS Bangs, Chairman Boronkay, Vice Chmn. Spano Mrs . Nichols - HUMAN RELATIONS Saccucci, Chairman Robinson, Vice Chian. Conley Feldt CITY-COUNTY COOPERATION Conley, Chairman Spano, Vice Chian. Robinson Alderman Feldt questioned the appointment of the latter CoEmiittee - City-County Cooperation- and wondered about the status of the Special Committee known as "Coiaia ttee on Functions" appointed by Mayor Kiely on December 3rd for the same purpose. After some discussion Mayor Johns agreed to temporary withdrawal of this Committee and the matter was referred to the City Attorney for perusal. Displeasure was expressed by some Aldermen about the make-up of the Committees and Mayor Johns agreed to review the Committees and to make some changes as might be necessary. t APPOINTMENTS: Mayor Johns withheld announcement of any other appointments at this time and expressed his intent to have them read for announcement on January 7th, the date of the Council's next regular meeting. NG MAYOR: Mayor Johns felt the Charter should be changed to provide that an incoming N I�f � r should have the right to select an Acting Mayor. He announced that de Al rman Boronkay Vks his choice for Acting Mayor and suggested his nomination. Alderman Saccucci, zoTliva C4 Alderman Conley, Alderman Jones nominated Alderman Blanchard. Alderman Robinson nominated Alderman Boronkay and Alderman Nichols nominated Alderman Bangs for the position of Acting Mayor for the ensuing year. By Alderman Sullivan: seconded by Alderman Rundle RESOLVED, that the nominations for the position of Acting Mayor be closed. Carried. The Clerk caused the Aldermen to be polled by secret ballot which resulted in eight votes being cast for Alderman Bangs, five votes for Alderman Boronkay, and one vote for Alderman Conley. Mayor Johns declared Alderman Bangs duly appointed Acting Mayor for the ensuing year and Mr. Bangs took the oath of office for the position. ALTERNATE ACTING MAYOR: Diayor Johns suggested the nomination of Alderman Rundle for the position of Alternate Acting Mayor. Alderman Nordheimer: nominated Alderman Slattery and Alderman Robinson nominated Alderman Rundle for the position of Alternate Acting Mayor for the ensuing year. By Alderman Sullivan: seconded by Alderman Boronkay RESOLVED, that the nominations for the position of Alternate Acting Mayor be closed. Carried. The Clerk caused the Aldermen to be polled by secret ballot which resulted in eight votes being cast for Alderman Slattery aid six votes for Alderman Rundle. Mayor Johns declared Alderman Slattery duly appointed Alternate Acting Mayor for the ensuing year and Mr. Slattery took the oath of office for the position. OFFICIAL NEWSPAPER: By Alderman Vordheimer: seconded by Alderman Feldt RESOLVED, that pursuant to Sec. 232 of the City Charter (Sec. 8-40 as codified) the Ithaca Journal be and it hereby is designated as the official newspaper of the City for the year 1970. Carried. DEPOSITORIES: By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that pursuant to Section 33 of the Charter (Sec. 3-6 as codified) the First National Bank & Trust Company and the Tompkins County Trust Company be and they hereby are designated as the official depositories for all City funds for the ensuing year as follows: TOMPKINS COUNTY TRUST COMPANY City of Ithaca, General Fund City of Ithaca, Payroll Fund Capital Reserve Fund #3 - Paving ' " " A - Bridges r► -5- J'snu&rY l, 1970 (Tompkins Co. Trust Company - cont'd. ) Capital Reserve Fund #9 - Gen. Municipal Properties & Bldg. #11 - Parks & Recreation Area #12 - Flood Control #14 - Parking Areas if if #15 - Fire Engine Replacement II 7; it if it tt #16 - Development of Water Sources il #17 - Sewer Construction #18 - Municipal Garages t it #20 - West Hill Water & Sewer Development '� 1W #22 - Bus Replacement Arterial Highway Fund Emp'l. Withholding for Social Security Cont. Fund ` Emp'l. Group Insurance Deductions Emp11. N.Y.S. Withholding Tax Emp'l. U.S. Savings Bonds Guarantee and Bid Deposits City Tax Sale Redemption Deposits on Water Meters Stewart Park Zoo Project Swimming Pool Floral Ave. Property Acquisition Fund Proceeds from Bond Sales Firemen's Relief Fund (Time Account) Vet. Vol. Firemen's Assn. (Time Account) , Cemetery Fund (Time Account) M. C. Hillick Mem.Fund (Time Account) Storms Cemetery Fund (Time Account) Holmes-Stamp Cemetery Fund (Time Account) FIRST NATIONAL BANK & TRUST COMPANY City of Ithaca, Water & Sewer Fund Bus Acquisition Firemen's Relief Fund Stewart Ave. Bridge West Hill Park Development Columbai St. Bridge Ramp Garage N. Cayuga St. Bridge Rail Cayuga Inlet Park Cascadilla St. Water Main Replacement W. Police Headquarters Bldg. Other Water Lines Urban Renewal Block #204 West Hill Water & Sewer Development Guniting Creek Walls Vehicle Storage Creek Walls Renewal Buffalo St. Bridge Water Lines Storm Sewer Vinegar Hill Supply & Transmission Line Traffic Light Installation Sludge Dryer & Building #9 Fire Station Sludge Dryer Improvements Park Road Giles St. & University Ave.Sewer Urban Renewal Traffic Loop Columbia St. Sewer Spencer Road Culverts Tioga St. Sewer Southside Mini-Pool Chestnut St. Sewer Street Resurfacing Cherry St. Pump Station West Buffalo St. Reconstruction Other Sewer Lines Wading Pool at Stewart Park E.State St. Sewer Fence Conway Park Buffalo & Meadow St. Sewer Carried. COLLATERAL TO SECURE DEPOSITS: The Clerk reported that under present agreements Tompkins County Trust Company is required to deposit $460,000.00 in approved collateral to secure deposits, and that First National Bank & Trust Company is required to deposit $200,000.00 for like purpose. He advised, that under escrow agreements with both banks which have been approved by the Council, there is now on deposit with the Chase Manhattan Bank of New York the sum of $460,000.00 in U.S.. Treasury Bonds to secure deposits in the Tompkins County Trust Company and $200,000.00 to secure deposits in the First National Bank & Trust Company. The Controller recommended approval of such collateral. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the collateral deposited by the Tompkins County Trust Company and the First �_ National Bank & Trust Company, as reported by the City Clerk and recommended by the City Controller, be approved as to form and sufficiency. Carried. 2Q�Q�5 - 6 - January 1, 1970 PUBLIC OFFICIALS' BONDS: By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that pursuant to the provisions of Sec. 8-4 of the City Charter, as codified, and Sec. 11 of the Public Officers' Law, the following bonds which are on file in the office of the City Clerk be and hereby are approved in all respects for the year 1970: Name Title Amount Bond No. John D. Wright City Chamberlain $ 50,000.00 G-486174 Globe Inden. Co. James J. Clynes, Jr. City Judge 4,000.00 G-438528 t9 " Faithful Performance Bond All City Employees 100,000.00 G-438529 Carried. MEETING DATES: The Clerk suggested that action be taken to establish the time and place of regular meetings of the Council for the ensuing year. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that regular meetings of the Common Council for 1970 be held at 7:30 p.m. on the first Wednesday of each month in Common Council Chamber at City Hall, 108 E. Green St. During a discussion Alderman Feldt asked if this action would preclude holding a meeting or meetings at some other place during the year if so desired by the Council. It was generally agreed that the Council could change the time and place of a regular meeting during the year if it so desired. Motion carried. {` The Clerk read a letter from David Stewart, a representative of WHCU NEWS, seeking per- mission to use recording equipment, when necessary, in the Council Chamber in order to bring to the listening audience an accurate account of the Council's business. By Alderman Robinson: seconded by Alderman Rundle RESOLVED, that the Council approves the request presented by Mr. Stewart; and that it hereby expresses its willingness to cooperate with all of the News Media who may seek to use such equipment for similar purposes . Carried. MICROPHONES: Mayor Johns recommended the installation of microphonic equipment in the Council Chamber, particularly for the benefit of the public audience who attend meetings. Alderman Nordheimer reported the Public Works Committee had already investigated and was continuing its investigation of this matter. He gave estimates of the cost thereof which ranged from a minimum of $3,000.00 to a maximum of X15 ,000.00. By Alderman Nordheimer: seconded by Alderman Slattery RESOLVED, that the Mayor's recommendation regarding this matter be referred to the Public Works Committee for continued investigation and report thereon. Carried. SNOW REMOVAL: Alderman Bangs commended the Dept. of Public Works for the work of its employees in removing snow from the streets during the recent severe snow storms. By Alderman Bangs: seconded by Alderman Spano RESOLVED, that the Council hereby expresses its thanks and extends its praise to the Superintendent of Public Works, his entire staff and all of the employees of the Depart- ment of Public Works who worked faithfully and tirelessly over many long hours in their efforts to keep snow removed from the streets of the City during the recent severe snow storms that have hit the City. Carried. HEARING OF PERSONS BEFORE COUNCIL: The matter of hearing persons before the Council was discussed at some .length. It was generally agreed that the Mayor should use his dis- cretion in the matter for the time being and that the Council reserve its right to make additional rules thereon from time to time if necessary. On motion the meeting was adjourned at 11:50 a.m. i Gr. A. Blean, City Clerk Hunna Johns , Mayor ---' 2 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. January 7, 1970 PRESENT: Mayor - Johns Aldermen (14) - Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Blanchard, Bangs, OTHERS PRESENT: Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt Attorney - Weinstein Youth Bureau Director - Cutia Chief of Police - VanOstrand Building Inspector - Stickler Urban Renewal Director - Daley Controller - Russell City Planner -Kasprzak Asst. Controller - Spano Building Commissioner - Jones Clerk - Blean Sealer of Wts. & Measures - Nedrow Deputy Clerk - Grey Supt, of Public Works - Dingman MINUTES: Minutes of the preceding meeting held on January 1, .1970 were approved as recorded by the Clerk. PLEDGE OF ALLEGIANCE TO FLAG: Alderman Saccucci asked the Mayor if he intended to continue the practice of opening meetings with a pledge of allegiance to the Flag. Mayor Johns indicated he did not wish to do so at this time. Mr. David Saperstoae spoke from the audience in favor of pledging allegiance and felt that the Flag should be displayed on City ;r Hall on all holidays. He called attention to one occasion during the past year when the Flag had not been displayed. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the practice of opening meetings of the Council with a pledge of allegiance to the American Flag be continued. All present arose and participated in the pledge. Carried By Alderman Nordheimer: sec onded by Alderman Bangs RESOLVED, that the matter of public display of the American Flag on City Hall be referred to the Board of Public Works. Carried. EAGLES BUILDING LEASE: The Clerk read a letter from Bruno A. Mazza, Jr. , attorney for op T. G. Millers Sons Paper Co. , returning the City's notice of intent to terminate the lease of the second and third floors of the premises at 326-330 E. State Street because it was prior to January ' given p ary 1, 1970 as provided in the lease. The letter also requested that the question concerning the increase in real estate taxes during the term of the lease be resolved. Attorney Weinstein advised he had reviewed the matter with Mr. Barrett, former City Attorney, and agreed with Mr. Barrett in his opinion the lease could be terminated on January 1, 1970. By Alderman Bangs: seconded by Alderman Nichols RESOLVED, that Mr. Mazza's letter be referred to the City Attorney for.reply. Carried. ✓ ARTHUR J. GOLDER APPOINTMENT: Mayor Johns announced his appointment of Arthur J. Golder as Commissioner of Public Works for a six-year term, ending December 31, 1975, and requested Council approval thereof. By Alderman Bangs: seconded by Alderman Robinson RESOLVED, that the Mayor's appointment of Arthur J. Golder as Commissioner of Public Works for the term ending December 31, 1975 be approved and confirmed. AYES: 10 NAYS: k - Blanchard, Nordheimer, Nichols, Jones Motion carried. Mr. Golder, who was present, took the oath of office for his position. KENNETH B. DECKER APPOINTMENT: Mayor Johns announced his appointment of Kenneth B. Decker as a member of the Examining Board of Electricians to succeed himself for a three-year term, ending December 31, 1972, and requested Council approval thereof. By Alderman Spano: seconded by Alderman Robinson RESOLVED, that the Mayor's appointment of Kenneth B. Decker as a member of the Examining Board of Electricians for the term ending December 31, 1972 be approved and confirmed. Carried. r' VINCENT GIORDANO APPOINTMENT: Mayor Johns announced his appointment of Vincent Giordano as a member of the Board of Appeals on Building Code to succeed himself for a three-year term ending December 31, 1972. By Alderman Bangs: seconded by Alderman Spano RESOLVED, that the Mayor's appointment of Vincent Giordano as a member of the Board of Appeals on Building Code for the term ending December 31, 1972 be approved and confirmed. Carried. w� 2 -2- January 7, 1970 APPOINTMENTS: Mayor Johns then announced the following appointments he had made and which did not require Council approval: Term of: Ending: CITY HISTORIAN William Heidt 2 years December 31, 1971 MLUICIPAL SURGEON Ralph J. Mazza, M.D. 2 years December 31, 1971 WELFARE SERVICE OFFICER Harry A. Bortz 2 years December 31, 1971 ELECTRICAL INSPECTOR Milford Langlois 2 years December 31, 1971 PLANNING BOARD Robert M. Burns 3 years December 31, 1972 PLANNING BOARD Henry E. Doney 3 years December 311, 1972 *PLANNING BOARD -Council Rep. Michael A. Robinson 2 years December 31, 1971 PLANNING BOARD-BPW Rep. Richard M. Putney 2 years December 31, 1971 EXAMINING BD. OF PLUMBERS Fred J.H agin 3 years December 31, 1972 BOARD OF ZONING APPEALS James R. Rogan 3 years December 311 1972 of it " Donald J. Lucente 3 years December 31, 1972 HOUSING BOARD OF REVIEW Walter J. Komaromi 3 years December 31, 1972 of if " Robert R. Ink 2 years December 31, 1971 It it it Dcminick J. Mancuso 2 years December 31, 1971 YOUTH BUREAU ADVISORY COUNCIL Clarence C. Larkin 3 years December 319 1972 " " Mrs. Lois Butterfield 3 years December 31, 1972 of " " " James B. Graves 3 years December 31, 1972 V it " " " Raymond Morey 3 years December 319 1972 it " " " Jerome Holland II 3 years December 31, 1972 COMPENSATION PLAN ADVISORY COMMITTEE: it T1 It Charles M. Weaver 1 year December 31, 1970 " it " Robert 0. Dingman I year December 31, 1970 it It it John L. Russell 1 year December 31, 1970 " if Alternate Geo. A. Blean 1 year December 319 1970 of if Alternate Vincent P. Hannan 1 year December 31, 1970 NARCOTIC GUIDANCE COUNCIL Stanley Tsapis 3 years December 31, 1972 NEGOTIATING COMMITTEE John L. Russell, Chmn. 2 years December 31, 1971 " it Robert 0. Dingman 2 years December 31, 1971 if it Richard M. Daley 2 years December 31, 1971 *Alderman Robinson declined appointment as a member of the Planning Board and suggested that the Mayor appoint Alderman Jones to succeed herself for the two-year term. Mayor Johns withheld his appointment of another alderman to represent the Council on the Planning Board instead of Mr. Robinson. STANDING COMMITTEES: Mayor Johns announced the following changes he had made in the Standing Committes of the Council for 1970: Hunan Relations Committee: Substitute Alderman Slattery for Alderman Robinson Public Safety Committee: Add Alderman Slattery, making this a five-man Committee. COORDINATING COUNCIL ON BEAUTIFICATION: Mayor Johns advised he had been requested to appoint City representatives to the Coordinating Council on Beautification, a group instigated by the Downtown Business Women in 1967, and which included representatives from many civic organizations throughout the City. He appointed the following City officials to serve on this Council on Beautification: Robert 0. Dingman, Supt. of Public Works C. Robert Cutia, Coordinator-Youth Director Gregory Kasprzak, Director of Planning Mrs . Anne Jones, Alderman - 6th Ward HOUSING AUTHORITY LIAISON MEMBERS: Alderman Rundle recommended that the Mayor appoint two aldermen to act as liaison members between the Council and the Ithaca Housing Authority. Mayor Johns agreed to consider this and announce his appointments at a subsequent meeting. FINGER LAKES AGREEMENT: The Clerk advised that funds in the amount of $863.97 had been included in the 1970 tentative budget to pay the Finger Lakes Association for its publicity services rendered to the City of Ithaca and he presented the formal agreement covering these services for approval. Mayor Johns felt the cost of these services should be borne by Tompkins County. Alderman Nordheimer opposed the proposal. Mr. Saperstone spoke from the audience in opposition. ± By Alderman Rundle: seconded by Alderman Boronkay RESOLVED, that the agreement for publicity serviceabetween the City of Ithaca and Finger Lakes Association for the year 1970 be approved in the amount of $863.97; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal. AYES: 10 NAYS: 4 - Slattery, Nordheimer, Feldt, Conley Carried. r -3- January 7, 1970 AMENDMENT OF TENTATIVE BUDGET: On rucomendation of the Controller action vae taken to amend the 1970 ten ative budgCL to provide funds for tare and maintenance of the U.S.N.R. Training Center facility on N. Cayuga Street Ext. for use by the Youth Bureau. It was reported that arrangements were being made to lease a portion of the facility to the Ithaca School District for its Day-Care and Head-Start programs. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the 1970 Tentative Budget be amended by adding Account No, A-74B - Community Service Center, and an appropriation in the amount of $35,000 to provide funds for the operation thereof. AYES: 14 NAYS: 0 Carried. Alderman Nordheimer expressed his opinion that the School District's Day-Care and Head- Start programs both served a vital need in the community and warned the Chairman of the Human Relations Comittee to be thinking about what should happen if the School District decided to discontinue them. V TAX ANTICIPATION NOTES: Controller Russell requested authorization to borrow money in anticipation of the collection of City taxes for 1970. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that pursuant to Section 24 of Article 2 of the Local Finance Law of the State of New York, the City Controller is hereby authorized to borrow money in the name of and on the credit of the City of Ithaca for current City expenses normally paid out of the regular tax levy and for the purposes of which such taxes are or may be levied by the issuance of a negotiable note or notes in an amount not to exceed $700,000.00, and that such note or notes shall be issued in amounts as may be needed in anticipation of the collection of City Taxes for the current fiscal year of 1970 with local banks or with Water, Sewer, or Capital Funds of the City of Ithaca at an interest rate of not to exceed 5.5%, and BE IT FURTHER RESOLVED, that the full faith and credit of the City of Ithaca hereby are pledged for the payment of and retirement of such temporary tax loans before the close of said fiscal year and out of taxes to be received for the current fiscal year. AYES: 14 NAYS: 0 Carried. Alderman Nordheimer advised that the Board of Public Works had authorized the Superintendent to advertise for bids on vehicles included in the 1970 tentative budget and that former Mayor Kiely had asked that all due consideration be given to delay in purchasing where possible until after June 1st, the due date of City Taxes. He predicted this would resui in considerable savings on interest on temporary loans. SICK LEAVE POLICY: By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the resolution included in the minutes of the Comon Council meeting of January 1, 1970 establishing the Sick Leave Policy for City officers and employees who are not represented by bargaining agents , be amended by adding the following paragraph: "Unused benefits accumulated as of December 30, 1969 by officers and employees covered by this resolution, shall remain to the credit of said officers and employees, and any additional benefits provided by this resolution shall be added to the previously accrued benefits aB they are earned." Carried. OVERTIME POLICY: Alderman Rundle reported the Finance Committee was reviewing the City's policy on overtime for its employees and expected to have recommendations to make on this subject at a subsequent meeting. ,i AUDIT: By Alderman Rundle : seconded by Alderman Bangs RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $7,608.21, as listed on audit abstract #1-1970, be approved for payment. Carried. SCHOOL CROSSING GUARD - CORNELL STREET: Alderman Sullivan read a letter from the School District supporting the request for a school guard on Cornell Street to protect children attending the Belle Sherman Elementary School who have to cross this street. Mayor Johns suggested the necessity of a four-way stop light in this area. After sane discussion the matter was again referred to the Public Safety Committee for its continues study of the problem. 2 5 77 -4- January 7, 1970 YOUTH BUREAU & RECREATION PROJECTS - 1970: By Alderman Slattery: seconded by Alderman Robinson- WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau to the New York State Division for Youth for its approval, and, if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project as provided by Chapter 556 of the Laws of 1945, as amended; NOW THEREFORE BE IT RESOLVED, that such application is in all respects approved and Hunna Johns, Mayor, is hereby directed and authorized to duly execute and present said application to the New York State Division for Youth for its approval; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Alderman Slattery presented the annual report of the Youth BureauC for lthe year 1969. Copies were distributed to the aldermen. It was received and ordered filed. URBAN RENEWAL PROGRESS: Alderman Rundle reported the Urban Renewal Committee would meet soon with the Agency and Staff to be briefed on activities to date and would report its findings at a subsequent meeting. TOWING CHARGES: Alderman Saccucci called attention to complaints received about exorbitant prices being charged for towing cars from city streets. By Alderman Saccucci : seconded by Alderman Spano RESOLVED, that the matter be referred to the Charter & Ordinance Committee for review with a request that it draft an ordinance which will place a ceilin services, if possible, g Price on such ub Carried. NEW YORK STATE DEPT. OF TRANSPORTATION: B Alderman Boronk Robinson y a,Y: seconded by Alderman RESOLVED, that the Clerk be directed to write N.Y.S. Dept. of Transportation and advise it that the City's new administration is in favor of the Department's expressed intent of developing studies and preparing a supplementary urban arterial report for the Ithaca Urban Area. Carried. On motion the meeting was adjourned at 8:30 p.m. Geo. A Ble�anl, City Clerk Hann J , Mayor I g CO VIM04 COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. January 28, 1970 PRESENT: Mayor - Johns Aldermen (14) - Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Wordheimer, Spano, Rundle, Bangs, Robinson, Blanchard, Slattery Attorney - Weinstein Controller - Russell City Planners - Kasprzak, Mrs. Monroe Clerk - Blean Bldg. Comm;r. - Jones Deputy Clerk - Grey Fire Comm'r. - Cleaveland Mayor Johns announced he had called this special meeting primarily to hear the Planning Director present a proposed Master Plan for Ithaca. He called upon Controller Russell first for several items which he wished to present at this time. V MRS. TALADA APPOINTMENT: Mr. Russell reported that Mrs. Ellen Talada had passed a Civil Service examination for the position of Senior Account Clerk and he recommended her permanent appointment. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that Mrs . Ellen Talada be appointed to the position of Senior Account Clerk in the Traffic Violations Bureau at an annual salary of $5,330, the first merit increment step of grade 22 in the Compensation Plan; that her appointment become effective February 1, 1970; and that it be subject to the usual probational term. Carried. R ; x MRS. CAROL. GROVER APPOINTMFANTi Mr: Russell reported that Mrs. Carol Grover had likewise passed an examination for the position of Senior Account Clerk and he recommended her permanent appointment: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that Mrs; Carol Grover be appointed to the position of Senior Account Clerk in the Finance Department at an annual salary of $5,330, the first merit increment step of grade 22 in the Compensation Plan; that her appointment become effective February 1, 1970; and that it be subject to the usual probational term. Carried. ASST. FIRE CHIEFS' SALARY: On recommendation of the Board of Fire Commissioners action was taken to grant an additional 4% salary increase to both Assistant Fire Chiefs as follows: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the annual salary of Asst. Fire Chiefs Pineas K. Reeves and Charles Tuckerman be adjusted from Grade 40 - Minimum - $9,603 to Grade 40 - Merit Increment Step 1 - $9,987 and that such adjustment become effective February 1, 1970. Carried. SNOW REMOVAL BUDGET: Controller Russell reported that approximately $40,400 had already been spent from the tentative snow removal budget of $63,535 for 1970 resulting in some line items being overdrawn. Upon his request he was given permission to continue spending from line items within the budget, even though they were overdrawn, pending adjustment 'before final budget time in May. Aldermen Blanchard and Bangs both entered at this point in the proceedings. SALE OF LAND TO SCHOOL DISTRICT: On recommendation of the City Attorney the following action was taken: By Alderman Boronkay: seconded by Alderman Nichols WHEREAS, the Common Council of the City of Ithaca has heretofore approved and contracted with the Ithaca City School District for the sale of approximately 1.28 acres of land, situated at the intersection of Lake Shore Drive and North Cayuga Street, for the sum of $12,250.00; and WHEREAS, said lands constitute park lands under the Laws of the State of New York and it is necessary to obtain approval of the Legislature of the State of New York for said sale of lands to the Ithaca School District; and WHEREAS, this Common Council has heard a proposed draft of a bill authorizing such sale; NOW BE IT RESOLVED, that this Common Council does approve the draft of an Act to authorize the City of Ithaca to discontinue the use of certain park lands and to sell and convey such lands to the Ithaca School District for the purposes of such district, and does direct the City Attorney to notify Mrs. Constance Cook, Assemblywoman for the County of Tompkins, of such approval and further directs the City Attorney to forward to Mrs. Cook a copy of this Resolution. Carried. 25 -2- Jnau -r oS. 1,)7n Alderman Robinson eutercd ;.-L this pol-rnt In the yyo=r_dJngs. MASTER PLAN: Planning Director Kasprzak presented a brief introduction to a proposed Master Plan for the City indicating that it should serve as an official guide for future decision making in the planned growth of the City. He pointed out that all items con- tained in the proposal would be subject to review from time to time. He hoped that, after presenting it to other civic and other groups in the City, it would be ready for final approval by the Council by Juno 1, 1970. and looped also that it might be reviewed at least once every five years in the future: ` He' theft','called"upon Mrs . Margaret Monroe, Asst. Planner, who exhibited maps and charts and reviewed 'the entire proposal in detail. ICE SKATING AT LAGOON: Alderman Robinson urged that the Board of Public Works be requested to remove snow from the lagoon at Stewart Park to permit ice skating for small children to be supervised by Youth Bureau personnel. The matter was referred to the Mayor to dis- c_uss with the Superintendent. MICROPHONES - COUNCIL •ROOM: A recommendation of Alderman Robinson that the Clerk be authorized to advertise for bids on• microphones for installation in the Council room at a cost of between $4,000 and $5 ,600 was referred to the Finance Committee for- study and report. On motion the meeting was adjourned at 10c15'p:m. Geo. A. Blean, City�.Clerk, Huana& JOhnS, MeyOx 260 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. February ,4, 1970 P ,ESENT: Mayor - Johns JUft'"men (14) - Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bangs, Blanchard, Robinson, Slattery Atto y - Weinstein Asst. Controller - Spano Chief of Police - VanOstrand Clerk - Blean Bldg. Comm'r. - Jones Deputy Clerk - Grey Cc'_troUgr - Russell All pripgant stood and were led in a pledge of allegiance to the American Flag. MIINU '' �: 14inutes of the last regular meeting were approved as recorded by theClerk PETITO - STRAWBERRY FIELDS: Barbara Scott, a student a Belle Sherman School, acted as spokesman for the 4th, 5th and 6th graders by presenting and reading a petition requesting the city-owned lands near Belle Sherman School be kept in a wild condition. It contained about 87 signatures. By Alderman Feldt: seconded by Alderman Bangs RESOLVED, that the petition be referred to the Planning Board. Carriedi, TOWING CHARGES: Mr. Laurence Lese. appeared before Council and requested that he be reimburseTtn the amount of $1590 which he had paid to Milo's Wrecker Service because his car was towed away from the 500 block of Stewart Avenue on January 3, 1970 because of snrr. removal. Hs alleged that no signs were posted when he parked his car there and therefore it was illeg4ly towed away. His request was referred to the City Attorney for review and reply. STATE APPRO IANS: Mr. Ted Papayanakos requested the City Attorney to determine whether or not the t .to Constitution prohibits lump sum appropriations for any projects. Attorney i:'einstein replied he would be glad to render an opinion to the Council if it so desired. "nNING MAP q NAT - CYO PROPERTY: The Clerk read a letter from the Planning Board roco=ending'it at the land owneaW Catholic Youth Activities, Inc. be not rezoned from P-I to R-3 as requested in a petition presented to the Council on December 3, 1969, and that the City consider its purchase consistent with the City's long range interests and eventual recreational use of this land. By Alderman Feldt: seconded by Alderman Slattery WHEREAS, Ithaca, N.Y. Catholic Activities, Inc. , the owner of lands in the City of Ithaca bounded on the east by the Lehigh Valley Railroad, on the north by the Djewman Golf Course, on the west by a 33-foot lane running north-south along other lands of the City next east of Willow Avenue and on the south by lands now or formerly of Robinson, has petitioned this Common Council, pursuant to Section 83 of the General City Law snd Section 14 of the City of Ithaca, New York, Zoning Ordinance, for a change in the zoning of said lands from P-1 to R-3, and WHEREAS, said petition was referred to the Charter and Ordnance Ccmmittoe for review and possible resubmission to the Planning Board for a report and recommendation, and WHEREAS, said petition was referred by the Charter and Ordinance Committee to the Plannnins r card for a re ort and recommendation, and VHEREAS, the Panning Board has now submitted and filed its full and final report with this Common Council, YOW THEREFORE BE IT RESOLVED, that the Common Council shall bold a public hearing pursuant to Section 83 of the General City Law and Section 14 of 1he City of Ithaca, New York, Zoning Ordinance to consider the advisability of rezonin " said lands from P-1 to R-3, or to such other zone as it may deem to be appropriate, and EE IT FURTHER RESOLVED, that pursuant to the said provisions of law, the City Clerk cause k a notice of the time and place of such public hearing to be published in the Ithaca Jou1rnE at least once on or before February 17, 1970; and that said hearing be held on March 4, 1970. Carried. C11TIL DEFENSE MEETING: The Clark read a letter from NYS Civil Defense Commission annorn c4ng that a Federal/State sponsored natural disaster conference would be held on Wednesday, February 27th, from 9:30 a,m. to 1:00 p.m. at the N.Y.S. Electric & Gas Corporation`s �. , torium. An invitation was extended to the Mayor and members of the Council to attend the conference. f .p - 2 - February 4, 1970 ,APPO,INTMENTS. Mayor Johns announced he had made the following appointments : Edward .J.�.Conley - C.C. Rep. on Planning Board 2-yr. term ending Dec. 31, 1971 Richard M. Putney - Chairman, Planning Board 2-yr. term ending Dec. 31, 1971 Rudolph Sa.ccucci - Liaison member on Housing Authority 2-yr. term ending Dec. 31, 1971 Donald Slattery - Liaison member on Housing Authority 2-yr. term ending Dec- 31, 1971 MAYOR'S CITIZENS ADVISORY COMMITTEE: He announced also that he had appointed the follow- ing persons to serve as membersof the Mayor's Citizens Advisory Committee for a two-year term each, ending Dec. 31, 1971: James G. Atsedes Oers Kellemen Albert C. Neimeth Douglas R. Brown Alvin Knepper Joe V. Nesby Robert J. Bruce Jon Levy Dorothy. Pfaff John R. Carpenter Lillian save Benjamin L. Roberts Joseph F. Daino Loretta Lucente Frank E. Rogan Richard Durant Jean F. Lynch Florence Rumph Cornell Fish Robert S. Miller Myron Stanton James B Graves Isaiah Murray John W. Ware POLICE COMMISSIONER: Mayor Johns reported that Townsend Ackerman could not accept oint- ment as Police Ccmmistioner because of resident requirements. He felt it was diffi � ;to find a person qualified to fill the vacancy and asked the Public Safety Committee to �Ff 'continue its study of the formation of a three-man .Police Commission. C«7 By Alderman Sullivan: seconded by Alderman Slattery RESOLVED, that the Mayor's request be referred to the Charter & Ordinance and Public Safety Committees for ,joint study and report., Carried. C006TTEE ON FUNCTIONS: The Clerk read an opinion from the City Attorney stating that the three aldermen: Slattery, Jones, and Feldt, appointed by the Mayor on December 30, 1969 .as members of a "Committee on Functions", would continue to serve on such .Committee mdUl the end of 1970. RMWATION PROJECT FOR THE ELDERLY: The Clerk presented an application for subtissfr,^ the State Adult Recreation Council and Commissjoner of Education for approval of a xocreftAon program for the elderly people from April 1, 1970 to March 31, 1971, sponsored *y, he Tompkins County Senior Citizens' Council, Inc, He reported. ii has been prepared by the Senior Citizens Council and showed a total estimated expense of $27,081.00 with the City's share amounting to $1,710.00 subject to state reimbursement at the rate of 50% which would make a net contribution by the City of $855.00, By Alderman Spano; seconded by Alderman Robinson RESOLVED, that the budget as presented in the total gross amount of $1,710,00 as the- City's share of the cost of providing recreation for the elderly for the period from April 1', 1970 to March 31, 1971 be approved; and that the Mayor be authorized to sign and execute it on behalf of the City, under its Corporate Seal, and submit it to New York State Adult Recreation Council, Albany, New York for its approval. Carried. The Clerk then presented an agreement between the City and Tcmpkins County.. Senior Citizens' Council, Inc. providing for the,operation of the program on a contractual basis. He advised.it was similar to the agrp,:ment in effect during the past several years and recommended its approval. By Alderman Spano: seconded by Alderman Robinson RESOLVED, that the agreement as presented by approved; and that the Mayor be authorized to sign and execute it on behalf of the City, under its Corporate Seal, Carried. ANNEXATION: Attomey Weinstein reported he had reviewed the Charter & Ordinance .Committee's request that the U.S. Naval Reserve Training Center property on N. Cayuga Street be annexed to the City. He advised that the Superintendent of Public Works had suggested that more study -be made regarding the resulting benefits and/or .costs to the City. in such event. j By Alderman Nordheimer: seconded by Alderman Nichols k RESOLVED, that the matter be referred to the Superintendent and Attorney for furtherstudy and report. Carried. [.tea C [ a;.r 3 - February 4, 1910, WEST GREEN STREET PARKING LOT SALE: Attorney reported that enabling legislation woul4 be required to permit the City to sell the E. Green Street parking lot to the Urban RendW&.I Agency, By Alderman Boronkay: seconded by Alderman Nichols RESOLVED, that the City Attorney be authorized to request Mrs . Constance Cook, Tompki6g County Assemblywoman, to aid in the preparation and submission of the required legislation regarding this matter for subsequent approval. Carried. FESTIVAL LEASE Alderman Robinson inquired about the status of the Ithaca Festival of .: ,Classics' lease of the old airport site . Attorney Weinstein expressed his opinion that ii the Festival abandoned plans to go ahead with its theatre project, then control of the sit wpuld revert to the City. By Alderman''Jones: seconded by Alderman Boronkay RESOLVED, that the matter be referred to the Planning Board and the Inlet Park Committee. Carried, COMPENSATION PLAN: 1970: Controller Russell presented and recommended approval of the 1970 Compensation Plan for city officers and employees . By Alderman Rundle : seconded.by Alderman Jones RESOLVED, that the 1970 Compensation Plan as presented this 4th day of February 1970 by the City Controller be approved subject to all rules and regulations relative thereto as last amended, in accordance with a schedule thereof on file in the office of the City Clerk. Carried V" CAPITAL BUDGETING: By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that monies provided in the General Fund, Water Fund, and Sewer Fund in account 290-560-Provisions for Capital Projects, be set aside in a special fund, and BE IT FURTHER RESOLVED, that money from this fund may be released by the Council when the Finance Committee of the Council submits a request for a given project, containing a description of the project, cost estimates including material and labor or contract costs, and estimate$` dates of beginning and completion of the project. After considerable discussion during which some objections were raised by several aldermen and the Superintendent of Public Works, Alderman Rundle withdrew his motion and introducet a new one as follows : -? By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the matter of capital budget be referred back to the Finance Committee for further study, and recommendation. Carried. [.., AUDIT: By Alderman Rundle : seconded by Alderman Bangs RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $10,246.83, as listed on audit abstract ##2-1970, be approved for payment. Carried.. BIDS - PATROL CARS: By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Chief of Police be authorized to negotiate for the purchase of seven new police patrol cars under State Contract. Carried, COUNCIL ROOM: Alderman Jones reported that a new seating arrangement and related details were being worked out by the Planning Director. 'SCHOOL GUARD:_ By Alderman Sullivan: seconded by Alderman Slattery RESOLVED, that the Council hereby authorizes the hiring of an additional school guard on a temporary basis to be stationed on Cornell Street, adjacent to Belle Sherman School. Carried. ALBERT BOWER SALARY: Alderman Robinson reported the Board of Public Works had requested the Council to approve a salary increase for Albert Bower, an equipment operator, from $3.69 to $3,96 per hour. By Alderman Robinson: seconded by Alderman Bangs RESOLVED, that the Board's request be referred to the Public Works & County Relations Com- mittee and Finance Committee for joint study and report. Carried. 263 February 4 ., 1970 STANDARDIZATION OF TRAFFIC SIGdALS: Alderman Robinson reported the Board of Public Works had requested the Council to standardize Crouse-Hinds as the type of traffic signal to be used in the City during 1970; and he recommended approval of the request. By Alderman Robinson: seconded by Alderman Saccucci WHEREAS, this Common Council has been requested by the Board of Public Works to standardize Crouse-Hinds traffic signals and controller equipment as the type of such equipment to be used in the City of Ithaca during the year 1970 , except on the State Arterial route on Meadow Street , and to authorize said Board to advertise for bids and purchase traffic signals and controller equipment from this manufacturer in such-quantities as_,there are funds appropriated for such purpose in 1970 , and WHEREAS, it is deemed to be in the best interests of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons : a) The City now has Crouse--Hinds traffic signals and controller equipment in service at approximately fifty (50) intersections throughout the City, b) The labor costs for servicing a, standard type of signal will be less than if Zv several different types were being used. NOW THEREFORE BE IT RESOLVED, THAT, pursuant to Subdivision 5 of Section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca, New York, hereby authorizer, the standardization of Crouse-Hinds signals and controller equipment as the type of such equipment to be used in the City of Ithaca during 1970 , except on the State Arterial route on Meadow Street; and that the Board of Public Works be authorized to advertise for bids thereon during 1970 and include such limitation in the advertisement for bids thereon. AYES: 14 NAYS: 0 Carried and approved by Mayor. YOUTH BUREAU APPROPRIATION : Alderman Slattery reported the Youth Bureau had requested an appropriation of $3,000.00 to repair and paint a section of the Community Service Building to be used for program and office space by the Youth Bureau in the USNR Training Center building on N. Cayuga Street. After some discussion it was moved by Alderman Nordheimer, seconded by Alderman Rundle and carried, that the matter be referred to the Finance Com- mittee for its recommendation. Due to the urgency of having the work done to permit the Youth Bureau to move as soon as possible , the Mayor declared a five-minute recess to allow the Finance Committee to consider the request and make its recommendation thereon. At the end of five minutes the Mayor reconvened the meeting. By Alderman Rundle : seconded by Alderman Slattery RESOLVED, that the sum. of $3,000.00 be authorized to complete work planned on the Community Service ;Center; and that the cost thereof be charged to budget account A-74B, Community Service Center. Carried. ITHACA HOUSING AUTHORITY - ELIGIBILITY LIMITS: By Alderman Saccucci : seconded by Alderman Boronkay WHEREAS, this Common Council, as the elected representatives of the City of Ithaca have heretofore approved the construction of low-income housing within the City of Ithaca; and WHEREAS, the Ithaca. Housing Authority although a separate legal entity, such Housing Authority was created by and should carry out the intent of this Common Council representing the people of the City of Ithaca; and WHEREAS, when this Common Council approved various units of proposed public housing and certain eligibility limits for occupancy of said housing was discussed with this Common Council; and WHEREAS, it is the understanding of this Council that the Ithaca Housing Authority proposes to revise certain eligibility limits; t. - 5 - February !�, 1970 NOW BE IT RESOLVED, that this Common Council does invite the Chaixman and other members' of the Ithaca Housing Authority to meet with this Common Council at its next regular scheduled meeting to advise this Council of proposed revisions to .said eligibility limits and the reasons therefor; and BE-'YT FURTHER RESOLVED, that .this Common .Council does request the Ithaca Housing Authority to take no.:action affecting such changes in eligibility limits prior to such meeting with members of the Common Council. C61181derable disclissi.on ensued; during which several aldermen objected to this measure, and° felt it Vas a delaying tactic which would hinder Tompco in its housing project. By Alderman Slattery: seconded- by Uderman Feldt RESOLVED, that the foregoing resolution be tabled. AYES: 10 NAYS: 4 - Bangs , Rundle, Nordheimer, Jones . Carried. " CHAMBER OF -COrRAERCE By Alderman :Jones : seconded by Alderman Boronkay WHEREAS, 'the Tompkins County Chamber of Commerce has announced in its monthly publication, The Chambergram, its intention to sell the present Chamber head- quarters at 205 .W. Green Street in the City of Ithaca; ,and WHEREAS, Tompkins County Chamber of Commerce has announced in said Chambergram its intention to erect a new building in: the year 1970 and is presently searching for a site; and WHEREAS Mr:'`Jon Levy, Executive Vice-President of the Chamber of Commerce; speaking 'for said Chamber, in the Ithaca Journal of February 2, 19703 affi rmed and pledged the cooperation of the merchants in the revitalization of downtown Ithaca, and set forth the desirability of locating in downtown Ithaca and the need for new taxable properties therein; NOW BE IT, RESOLVED, that this Common Council does request the Chamber of Commerce, to put such pledges, into deeds by relocating its new headquarters in the downtown ;. City of Ithaca, and, this Council does pledge its cooperation thereto; and BE IT FURTHER RESOLVED, that the Ithaca Urban Renewal Agency be advised of this; Council's intention and desire that said Agency shall cooperate with the:-Tompkins County Chamber of Commerce in trying to make available to them a site•fo ,,said new building within downtown Ithaca. Carried. AGENDA.: Alderman Jones suggested that the Council agendas be published in fdll'i;n "the Ithaca:Journal and carried by the other news media. URBAN RENEWAL: Alderman Rundle promised to have the Urban Renewal Director.'attend the next Council meeting and present its members with a progress report to date. FIRE DEPARTMENT: Aldermen commended the Fire Department for its efforts .in fighting the recent fire which destroyed the A & P store on Hancock Street. By Alderman Sullivan: seconded by Alderman Robinson RESOLVED, that the Council hereby extends its thanks and appreciation to members of the Fire Department, including volunteer firefighters , for their valiant efforts in; combatting two recent major fires in the City. Carried. On motion the meeting was adjourned at 10:30 P.M. Geo. A. Blean, City Clerk 1 Hunna Johns , Mayor 2f M-e'1011 COiASCIL PR0C.s.LDT1%*GS CITY OF ITHACA, NEW YORK REGULAR MEETING 7:30 P.M. March 4, 1970 PRESENT: Mayor - Johns Aldermen (13) - Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Blanchard, Robinson, Slattery ABSENT: Alderman Bangs OTHERS PRESENT: Attorney - Weinstein Asst. to Supt. - Dougherty Ccmm. of Public Works - Golder Youth Bureau Director - Cutia Chief of Police - VanOstrand Controller - Russell Fire Chief - Weaver Asst. Controller - Spano Bldg. Ccmm. - Jones Clerk - Blean Supt. of Public Works - Dingman Deputy Clerk - Grey Asst. Supt. - Hannan All present stood and were led by the Mayor in a pledge of allegiance to the American Flag, and, at his request, remained standing a mcment in silent prayer in respect to the memory of Ralph C. Smith, a former Mayor, who died on February 18, 1974. i~� By Alderman Robinson: Seconded by Alderman Nordheimer d� WHEREAS, Ralph C. Smith conscientiouslyserved th City of Ithaca as its Chief Executive Q0 in 1960 and 1961, and WHEREAS, he further served the City of Ithaca as a Commissioner Of the Board of Public Works from 1964 through 1969, and WHEREAS during is entire 48 g years of residence in the City of Ithaca he continuously and unstintingly gave of his personal time to the best interests of the City, and WHEREAS,his wise counsel on all matters public and private was respected by all who knew him, both in and out of City Government; NOW THEREFORE BE IT RESOLVED, that this Common Council note his passing with a sense of appreciation and admiration for his lifelong devotion to civic responsibilities, his awareness of municipal problems, and his leadership in the best interests of the general public, and BE IT FURTHER RESOLVED, that this Common Council extends to his family its condolences in the loss of Ralph, and BE IT FURTHER RESOLVED, that a copy of this resolution be spread on the minutes of this meeting, and a copy thereof transmitted to his family. Unanimously carried. MINUTES: Minutes of the last regular meeting were approved as recorded by the Clerk. PUBLIC HEARING - ZONING MAP AMENDMENT: Mayor Johns opened a public hearing duly advertised for this time on a request by Ithaca, N.Y. Catholic Activities, Inc. to have its property bounded by L.V. RR Co. track, Newman Golf Course and a lane east of Willow Avenue rezoned from a P-I to an R-3 Zone; or a proposal to have it rezoned to such other zone as the Council might deem appropriate. Mr. Wm. C, Barrett spoke as Attorney for Kabeth Properties, Inc. and explained that his client wished to purchase the property for a housing develop- ment if it could be rezoned for such a purpose and that his client had engaged the services of a traffic engineer to make a traffic study in the area to determine what the effect would be on Route #13 traffic at the Dey Street crossing. He stated the results of this study were not available and asked that the Council postpone action of the matter until the traffic study* had been completed and the results made known. Mr. D. Boardman Lee appeared in opposition to the proposed rezoning of this property. He suggested it be used as an addition to the golf course and even suggested that the owners might be requested to consider donating it to the City for such purpose. Mayor Johns opposed its purchase by the City, opposed its use for public housing, and felt it should be rezoned to compare with adjacent property which is commercial. No one else appeared to be 1ward on the subject and Mayor Johns declared the hearing closed. By Alderman Sullivan: seconded by Alderman Spano RESOLVED, that the matter be tabled pending receipt of the traffic survey being conducted by Kabeth Properties, Inc. AYES: 12 Celried. NAYS: 1 - Nordheimer ASSESSMENT BOARD OF REVIEW: The Clerk read a letter from Tompkins County Director of Assessments requesting the Council to appoint a member of the Assessment Review Board to represent the City as required by Subd. B, Section 3:05 of the County Charter, to sit with the Assessment Board on March 13, 1970, Grievance Day. The Clerk advised that the 266 - 2 - March 4, 1970 person to be appointed must be a resideut of the City, a Qualifi-&d elector, and an owner of real property in the City of Ithaca. Mayor Johns urged the appointment of Edward A. Austin, 104 Utica Street. Alderman Slattery nominated John P. Stark, 413 N. Geneva Street, for appointment to this position and Alderman Rundle nominated Mr. Edward A. Austin. The Clerk then polled the aldermen by secret ballot which resulted in 8 votes being cast for Mr. Stark and 5 votes for Mr. Austin. Mayor Johns then declared Mr. Stark duly appointed a member• of the Assessment Board of Review to repnwent the City for the year 1970. ✓ FIRE TRUCK: The Clerk read a letter from the Board of Fire Commissioners requesting authorization to advertise for bids on a new engine fox Fire Co. No. 6 in addition to the aerial previously authorized at a total estimated cost for both of $90,000.00. He presented an estimate in the amount of $3,892.72 for repairs to the present Engine 6, whim' , was recently damaged in a traffic collision. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the City Controller be and is hereby authorized to engbge the services of the City's bond attorneys to prepare a bond resolution in the amount of $90,000.00 to finance the purchase of two new fire trucks. Carried. V APPROPRIATION FOR RETARDED CHILDREN: The Clerk read a letter from the Taapkibs County Chapter of N.Y.S. Association for Retarded Children, Inc. requesting an appttpriation of $6,000.00 to finance its programs covering needs for the retarded, Mrs. Dorothy L% Saperstone, President of the Tompkins County Chapter of A.R.C. and Mr. John bertrWx4, Assistant Director, spoke and reviewed the programs and needs in detail. By Alderman Blanchard: seconded by Alderman Jones RESOLVED, that the request be referred to the Finance Committee for study and report. AYES: 9 Carried. NAYS: 4 - Slattery, Robinson, Nichols, Nordheimer ANNEXATION: The Clerk read a letter from the Superintendent recommending the annexation of the city-owned property on N. Cayuga Street containing the Community Service Building (the former U.S.N.R. Training Facility). By Alderman Feldt: seconded by Alderman Nichols RESOLVED, that the Superintendent's - recommendation be referred to the Charter & Ordinance Committee for study and report. Carried. CHAMBER OF COMMERCE: The Clerk read a letter from the Chamber of Commerce indicating it was continuing its negotiations with the Urban Renewal Agency .as well as other land owners in the area in an attempt to locate its new facility in the downtown area. MRS. JEANNE FRANDSEN APPOINTMENT: The Clerk announced the retirement of Mrs. Wilma Chapman from the City Clerk's staff on February 27, 1970 and recommended the appointment of Mrs. Jeanne Frandsen to fill the vacancy, effective as of February 24th. By Alderman Sullivan: seconded by Alderman Spano RESOLVED, that Mrs. Jeanne Frandsen be provisionally appointed as a Senior Typist in the City Clerk's office at an annual salary of $4,614.00, the minimum of Grade 19 in the Compensation Plan; that her appointment became effective as of February 24, 1970; and that the Civil Service Commission be requested to hold an examination for this position. Carried. By Alderman Nordheimer: seconded by Alderman Blanchard WHEREAS, Mrs. Chapman was employed by the City of Ithaca from December 1, 1960 to February 27, 1970, and WHEREAS, she is now retired from public employ; BE it therefore resolved, that the Common Council expresses to Mrs. Chapman its thanks for her service to the City and expresses its best wishes for her future. Carried. ANNUAL REPORTS: Annual reports for the year 1969 fran the Sealer of Weights & Measures, the Fire Chief and the Chief of Police were presented and distributed. The Clerk read a report of the Veteran Volunteer Firemen's Association. It was moved, seconded, and carri e�._ : that the reports be received and placed on file. STATE LEGISLATION: By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the Common Council of the City of Ithaca, New York, hereby requests the enactment by legislation as set forth in Senate Bill No. 7001 and Assembly Bill No. 3255 , entitled: "An Act to authorize the City of Ithaca to discontinue the use of certain park lands and to sell and convey such lands to the Ithaca School District for the purposes of such district", and that the matter be brought out of Legislative Committee and enacted into law by the New York State Legislature. AYES: 13; NAYS: 0 Carried and Approved. 267 3 - March 4, 1970 By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the Ccmmon Council of the City of Ithaca. New York, .hereby requests the enactment by legislation as set forth in Senate Bill No. 8710 and Assembly Bill No. 5778, entitled "An Act to authorize the City of Ithaca to discontinue the use of certain parking lots and to sell and convey such lands to the Ithaca Urban Renewal Agency for the purpose of such Agency", and that the matter be brought out of Legislative Committee and enacted into law by the New York State Legislature. AYES: 13 NAYS: 0 Carried and approved, d CAPITAL BUDGET: The Controller presented a tentative Capital Budget for 1970 which included projects in the General Fund, Water Fund and Sewer Fund in the grand total amount of $205 ,000.00 in accordance with a schedule attached. hereto. By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the tentative Capital Budget as presented by the Controller be approved. The Superintendent presented and reviewed a list of additional projects which he recommended be approved and included in the Capital Budget as follows : General Fund Improvement of Thurston-Waite Ave. Intersection $35 ,000.00 Street Improvements in Flood Control Project Area 7,200.00 Vehicle Storage units on Third Street site 40,000.00 Southwest Park Road entrance 24,500.00 Water Fund Vehicle storage unit 20,000.00 Sewer Fund Vehicle storage unit 10,000.00 136 700.00 Alderman Rundle offered an amendment to his original motion as follows: By Alderman Rundle : seconded by Alderman Robinson RESOLVED, that the tentative Capital Budget as presented by the Controller be emended by including the following projects : se 4,c oJl?Re�o,I Improvement of Thurston-Waite Ave . intersection 35,000.00 rL,is a AVRiLl�' Vehicle storage units for Water & Sewer Departments 30,000,00 And, BE IT FURTHER RESOLVED, that the tentative Capital Budget for 1970 as thus amended be approved; and that the remaining projects recommended for inclusion by the Superin- tendent be referred to the Finance Committee for further study and report. Carried. BUDGET TRANSFERS: Controller Russell presented a list of budget transfers which he advised had been recommended for approval by the Finance Committee. By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the following transfers be approved for inclusion in the 1970 tentative Budget: Amount: $334.o0 From: A207-250 Golf Course-Other Equipment To: A201-230 Parks & Forestry-Motor Vehicle Equip. Purpose: Original estimate too low on Dump Trucks Amount: $350-00 Fran: A109-230 Motor Vehicle Equipment To: A109-250 Other Equipment Purpose: Underestimate of spray compressor. Overestimate of pick-up truck. Amount: $450.00 Adjustment of Tentative Budget to include in Account A76-418 Public Works Administration-Equipment Maint. Purpose: Repair Car #261 damaged in accident Amount: $700.00 Adjustment of Tentative Budget to include in Account G112-10-101-Varna Pump Station-Personal Services Purposes. New Pump Station. Did not have adequate knowledge to accurately predict cost of maintenance. Amount: $162.00 From: A100-230 C & M Division Office-Motor Vehicle Equip. To: A101A-230 Street Maint. - Cleaning-Motor Vehicle Equip. Purpose : Underestiamte of cost of street flusher. Overestimate of cost of sedan. 268 -4- March 4, 1970 Amount: $1,000.00 Adjustment to Tentative Budget to include iz Aeeount G112-6-402 Cherry Street Sewer Pump Station - Utilities Purpose: Installation of new pumping machinery has resulted in much higher electric bills than originally estimated. Amount: $1,375.00 From: F265-6-230 Shop & Equipment-Motor Vehicle Equip. $825.00 Gllo-6-230 If " If 550.00 To: F265-6-240 Highway Equip. 825.00 G110-6-240 " " 550.00 ° Purpose: To transfer from Motor Vehicle Equip. to Highway Equip, funds sufficient to cover cost of new dyna-hoe on order. AYES: 13 NAYS: 0 Carried and approved. AUDIT: By Alderman Rundle - seconded by Alderman Robinson RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $42,784.21,as listed on audit abstract #3-1970, be approved for payment. Carried. CAPITAL BUDGET FINANCING: By Alderman Rundle. seconded by Alderman Boronkay RESOLVED, that monies provided in the General Fund, Water Fund and Sewer Fund in Account 290-560 - Provision for Capital Projects, be released only by Common Council approval when the request for a given project, containing a description of the project, cost , estimates including material and labor or contract costs, and estimated date of beginning and completion of the project have been presented. Superintendent Dingman voiced his objections to the proposal and after considerable discussion pro and con a roll call vote was taken which resulted as follows: AYES: 6 - Jones, Nichols, Nordheimer, Rundle , Blanchard, Robinson NAYS: 7 - Saccucci , Sullivan, Conley, Feldt, Boronkay, Spano, Slattery Motion defeated. ,�- ALBERT BOWER SALARY INCREASE: Alderman Robinson asked the City Attorney for a ruling on whether or not the Council could raise the salary of Albert Bower as recommended by the , Board of Public Works. Attorney Weinstein reviewed terms of the Bargaining Agents' agreement with the Laborers' Union, the City Charter, and Sec. 25 of the General City Law and in conclusion ruled that the Council could legally approve the increase. By Alderman Robinson: seconded by Alderman Nichols RESOLVED, that the salary of Albert Bawer be increased from $3.69 to $3.96 per hour as recommended by the Board of Public Works; and that such wage increase became effective imme di ate ly. AYES: 10 NAYS: 3 - Rundle, Jones, Boronkay Carried. z.- CODE AMENDMENT - TAXICABS: Alderman Boronkay reported the Charter & Ordinance Committee had been working on a proposed amendment to the taxicab ordinance and recommended that a public hearing be held on this matter at the Council's next regular meeting. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the Clerk be authorized and directed to advertise a public hearing to be held on aproposed amendment to the taxicab ordinances ; and that the hearing be held by the Council at its next regular meeting, April 1, 1970. Carried. BIDS - UNIFORMS ETC. FOR POLICE DEPT. : Alderman Sullivan reported bids which had been received for the purchase of uniforms and one new motor cycle for the Police Department were being reviewed by the Chief of Police and Public Safety Committee. ✓ COLUMBIA STREET BRIDGE: Alderman Robinson reported that bids on the Columbia Street Bridge, received by the Board of Public Works on February 24th had exceeded the amount approved for this project and reported the Board had requested the Council to increase the authorization for the project to $200,000.00. By Alderman Robinson: seconded by Alderman Rundle RESOLVED, that the Council hereby approves an increase in the total project cost for a utility-pedestrian bridge on Columbia Street to replace the present bridge from $150,000 to $200,000.00 as recommended by the Board of Public Works. Carried. The Controller called attention to the need of reviewing the plan of financing due to the increased cost of the project. By Alderman Robinson: seconded by Alderman Sullivan RESOLVED, that the plan of financing the Columbia Street Bridge project be referred to the Finance Committee for study and report. Carried. y 2 6l -5- March 4,1970 By Aldermar_ Rund1_ . seconded by Alderman Jones RESOLVED, that the 1970 tentative Capital Budgst be amended by adding thereto the sum of $50,000.00 as an additional appropriation for the construction of a utility-pedestrian bridge on Colur.bia Street; and that the Board of Public Works be authorized to award bids for its construction. Carried. YOUTH BUREAU: Alderman Clattery reported that renovation of the former U.S.N.R. Reserve facility at 1701 N. Cayuga Street for use as a Community Service;Building had been completed and that the Youth Bureau had moved its offices together with all equipment and supplies from the former Eagles Building to this location. He indicated the Youth Council had sponsored one event at the new location already and was planning another shortly. He advised the Center was operating daily from 2:30 p.m. to 5 :00 p.m. and would be open evenings as soon as proper supervision became available. He noted the Senior Citizens had expressed interest in renting quarters in the building. Alderman Robinson expressed his feeling that the rental rate of $2.00 per sq. ft. for space in the building was not enough and suggested that it be increased to $3.00 at least. COMMITTEE ON COUNTY FUNCTIONS: Alderman Slattery reported that meetings between City and 4 County representatives had resulted in establishing many areas of possible cooperation for future discussions. A County Narcotics Board, water and sewer services, waste dis- posal, planning, personnel, highways, recreation facilities, environmental problems, and sales taxes were some of the areas of possible cooperation which he called attention to. CID He felt a method of combining water and sewer services would be an area of first concern. By Alderman Slattery: seconded by Alderman Jones RESOLVED, that this Council, through the Mayor, request that the City Planning Board assign its Director to meet with the County and Town Directors to discuss ways and means of combining these services and return a preliminary report to the Council by early summer; and BE IT FURTHER RESOLVED, that an invitation be extended to these Directors to meet with the combined county and city cooperation committees at their next meeting, March 19th, at 12:00 noon in the Hall of Justice Building,. Carried. Mayor Johns suggested the Board of Public Works should be represented in matters dealing especially with water and sewer services. Alderman Slattery indicated he would be glad to have such representation present also. URBAN RENEWAL REPORT: Alderman Rundle reported that the Urban Renewal Director was attending a meeting in New York and promised a report on the status of Urban Renewal E9z projects at the Council's next regular meeting. FESTIVAL: Mr. Thomas Neiderkorn, Planning Consultant, appeared upon request and reviewed the history of the "Festival" from 1963 to date including graphs, charts and financial statements. He told Council members that the Festival was very much alive and had every intention of completing the project as conceived, He stated the Memorandum of Understand- ing between the City, State of New York, and the Festival, approved in August 1967, was still intact and that the State should be encouraged to carry out its part of the agree- ment without regard to the Festival's temporary disability to start construction of the theatre facility. He exibited plans and contract documents prepared for this project which he indicated would be used when final plans of the financing could be arranged. Alderman Slattery called attention to recent publicity in the news media where it was indicated that the Mayor had written to officials of New York State requesting a delay in its plans for construction of a marina. Mayor Johns told members of the Council that he had written such letter after consulting with department heads. He was severely criticized by several members of the Council who felt he had exceeded his authority as Mayor and that any suggestion the City did not support state action to build the marina might cause abandonment of the project by the State, particularly in view of the tight money situation and the Governor's attempts to hold the line on expenditures. Several aldermen demanded the Mayor disclose the contents of the letter and he indicated he might do so at the Council's next meeting. A lengthy debate ensued during which Mayor Johns contended he had a right to and was simply trying to raise questions about the status of the marina and the Festival. He felt he needed time to explore these areas before the State took title to the land involved. Mayor Johns declared the meeting adjourned at 11:10 p.m. G Geo. A. Blean, City Clerk Hun a Johns, or { - 7 COMMON 00=2L PWCEEMNns CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. March 12, 1970 PRESENT: Mayor - Johns Aldermen (13) : Sullivan, Conley, Feldt, Boronkay, Nichols, Nordheimer, Spano, Rundle, ABSENT: Bangs, Blanchard, Robinson, Slattery, Saccucci Alderman Jones OTHERS PRESENT: Attorney - Michael LoPinto, substituting for Mr.Weinstein Supt, of Public Works - Dingman Donald Fran - Regional Park Mgr. , Finger Lal ,, Asst.to Supt, - Dougherty State Parks Commission Bldg. Commissioner - Jones Controller - Russell Urban Renewal Director - Daley Asst.- Controller - Spano Urban Renewal `�" Agency Member - Ceracche Qiamberlain - Wright Planning Director - Kasprzak Clerk - Blean Planning Board Member - Schmidt Deputy Clerk - Grey Board of Public Works Member - Putney Youth Bureau Director - Cutia v INLET PARK MARINA: Mayor Johns stated he had called this special meeting at the request of the Aldermen to discuss the Memo of Understanding regarding development of Inlet Park between the City, State and Center for the Arts of Ithaca, Inc. He called upon Mr. LoPinto who reviewed the agreement and the contents of a lease between the City and the Center covering the airport land including a site for a new theatre building. He felt the lease could automatically be terminated, even though the Center was continuing to pay the monthly rental agreed upon, since the Center failed to commence construction in the period specified in the lease. Alderman Nordheimer offered a prepared resolution as follows: By Alderman Nordheimer: seconded by Alderman Slattery WHEREAS, questions have been raised as to the continuation of the tripartite agreement among the City of Ithaca, the Center for the Arts of Ithaca, Inc. and the State of New York; and WHEREAS, the State of New York has been prepared to acquire the necessary land and begin construction of Phase I in accordance with this agreement; and WHEREAS, officials of the State of New York have informed the City that they are awaiting the City's renewed confirmation of the tripartite agreement during this week; NOW THEREFORE BE IT RESOLVED, that the Common Council reaffirms the City's participation in the development of the Inlet Park under the terms of the 1967 agreement among the Cit the State , and the Center for the Arts; and BE IT FURTHER RESOLVED, that the City urges the State to acquire the necessary land and to begin construction as soon as possible. Mr. Fran spoke on behalf of Mr. Wilbur Wright, Administrator of Parks and Recreation, N.Y.S. Conservation Department. He reviewed the history of events since the State signed the Memo of Understanding. His review indicated the State had completed preliminary plans for development of the area at an estimated 2.9 million dollars, that $1,481,000.00 had been earmarked for the first stage of construction, and that a $300,000.00 project had been planned as part of the first stage which would include the extension of water, sewer and other utility lines to the new marina and boat launching site. He advised that final plans and specifications had been submitted to Albany for this first project and that he had received authorization to advertise for bids thereon. He also advised that he had been prepared to file the necessary papers in Tompkins County Clerk's office on February 19, 1970, which would transfer title of the site to the State, but that he had been requested to delay filing as a result of receiving a letter from the City asking for such delay. During a lengthy discussion which ensued Mr. bran assured those present that the State had every intention of proceeding with its plans for development of the area for park and recreational purposes which would include a new marina. He indicated that the State would not provide the lagoon area shown on the proposed master plan in the ev event the Center was unable to build its theatre building. If this happened the State would have to redesign its marina and such a change of plans would have to be renegotiate, by the three parties to the agreement as provided for therein. Alderman Bangs offered an amendment which was seconded by Alderman Robinson that a 60-day' moratorium be declared during which time the City, State and Center jointly discuss the Memo and renegotiate any changes deemed necessary. Subsequent discussion indicated that such action was unnecessary since the Memo itself provided for such renegotiation if necessary. Mr. Walter Wiggins and William Schmidt spoke briefly on behalf of the Center and both agreed that the Center for the Arts, although temporarily delayed for financial reasons, March 12, 1970 had every intention and still had high hopes of fulfilling all of its promises and living up to its part of the Memo if at all possible. After some discussion a roll call vote on the original motion was taken which resulted as follows: AYES: 13 NAYS: 0 Unanimously carried. A five-minute recess in the proceeding was declared by the Mayor at 9:45 p.m. to afford the Aldermen an opportunity to discuss the possibility of a need for review of the Memo. F � The Mayor reconvened the meeting at 9:50 p.m. i Alderman Robinson stated that it was the consensus of opinion of the Aldermen that the Memo adequentely provided for renegotiation of any change in plans and therefore there was no need for the Council to take any further action at this time. It was moved by Alderman Robinson, seconded by Alderman Blanchard and carried that the meeting be adjourned. eo. A. Blean, City Clerk i H a J ns,",Mayor x=y. 40, 272 COR2�nry C01I14CIL PROCEEDINGS CITY OF ITHACA, N.Y. rF-GULAR W_TTING 7:30 P.M. April 1, 1970 r`PPSENT: �Ji�yor - Johns Alderman (13) Ccnlcy, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bla,r..clnard, Rc'oirson, Slattery, Sac,ucci, Sullivan :PSEIT T: A.Ld:^rm at,i Bar..gs CXJLFRS PR75E'.3T: Attorney -- Wci n.stein Housing Authority Member - Baldwin Chief of Police - ?Iemostrand Housing Authority Director - Armstrong Urban Renewal Director -- Daley Comm, of Public Works - Golder Planning Director -- Kaspa City Prosecutor - Tavelli Bldg- Comm'r, -- Jones Controller - Russell Deputy Bldg. Comm'r. - Boda Asst. Controller - Spano Housing Inspector - Stickler Clerk - Blean City Engineer - Schlieder Deputy Clerk - Grey Asst, to Supt. of Public Works - D3i gherty MINUTES: The Clerk reported an error in t•?1e minutes of the last regular meeting whereby an item of $35,000.00 for the Thurato n-•Waite Avenue intersection was included as an amendment to the tentative capital budget whereas it should have read, "Southwest Park Road entr-,nce at an estimated cost of $24,500.00. By Alderman Nordheimer: seconded by Alderman Spano RESOLVED, that the minutes of the Council, dated March 4th, be amended to reflect this correction. Carried. By Alderman Nordheimer: seconded by Alderman Saccucci RESOLVED, that the minutes of the last meeting, dated March 4th, as amended, and the minutes of the special meeting held on March 11, 1970, as recorded by the Clerk, be approved. Carried. PUBLIC HEARING - AMENDMENT TO TAXICAB ORDINANCE,: Mayor Johns opened a public hearing ;._ duly advertised for this time to hear persons interested in- a proposed new taxicab ordinance to replace the one presently in effect. Alderman Boronkay reviewed the need for amending the ordinance to meet current demands . He stated that copies of the new ordinance had been presented to all taxicab owners throughout the City and he recommends its approval, Mr, Robert Schwartz, spQkesman for Terminal Taxicab Co., objected to the multiple passenger clause , the 50¢ rate for additional passengers over, one and the $10.00 fee`for a driver's license, Mr. Wm. Jones, who spoke for Major Taxicab Co., objected to being required to furnish rate cards to passengers . After some discussion certain amendments to the proposed ordinance were agreed upcn as follows: .Page 4, Sec. 22-4: Change fee for driver's license from $10.00 to $5.00 Page 21, Sec. 22-9: In paragraph 2 (h) add "He stall not' be re%aired to convey an�Y child under the age of 5 years unaccompanied by an adult." 'Page 25 'Sec. 22-14:Add the t;*ords�'and +he Chief of Police 2iin--t--1—y" after'The City. Engineer -----, Page 27, See, 22-18:Change the effective date from July 1, 1970 to June 1, 1 By Alderman Xpronkey: seconded by Alderman Jones RESOLVED, that the public hearing c n the proposed taxicab ordinance amendment be closed. Carried. �g proposed ordinance with the afore-mentioned amendments included was then presented and approved as follows : V COEFI AMENDMENT #1-1970 By Alderman Boronkay:seconded by Alderman Jones Pr IT ORDAINED BY TIE COMMON COUNCIL OF 71-EE CITY OF ITHACA, NEW YORK, and it hereby is ordained by authority of the same that Chapter 22, Sections 22-1 to 22-44 inclusive, aX^ Ga'�a, be amended by deleting it in its entirety and enacting a,.new ,Chapter 22 in -.1ace thez-eef to read as follows Chapter 22. An Ordinance to License and Re ulate Taxicabs and Taxicab Drivers. in the City of Ithaca, New York.,'wsseee_copy attached to =zutes)r :YrS: 10 - Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Sacc ucc i, Sullivan Sjts Pte.wt. F;LE N o I 1 g • NAYS: Bl r-' -L'd, P.c^_nson, Slattery. Carried and approved by the Mayor. REHABILITATION PROGRAMS: Jon LP.—, of tie Mayor's Citizens Advisory Committee, appeared before the Cc r.cil and rc-r �S*e(! it to research state and federal programs -vhic.z ._e claimed were r:Vn41-. .� t,o ':�0 C:'-�.�� -fcr rehabilitation of old hones in the City. He felt apat pert owners co-?.id Yu,n1i f ; for �l^.nts or up to $3500.00 at low intergg't aces ar_d i.'^a' Fnyor9 cn712.d �..._.if`- fc)_- c \ p �n ,15 ,C,00.00 at 31� interest r&t14 ,• . .w ,fir }ty..gaa T 1? ��J -2- April 1, 1970 T`y adermanr Nordheimer: seconded by Alderman Nichols RESOLVED, that the request be referred to the City Controller for investigation and report. Carried. W/=R & SEWER SERVICES OUTSIDE CITY LIMITS: Mrs . Florence Rumph presented and read a letter from Toripkins County Taxpayers ' Ass 'n. registering its opposition to the extension Of grater and sewer services to any area outside the City limits at this time or until 4.11 city committments for such services had been met. Mr. David Saperstone spoke in favor of extending such services , and the Clerk read a letter from Alderman Bangs, i.=ho -.T as i.mable to be present due to a prior commitment, expressing his hope tl_at the Board of Public Works would work with the Town toward the overall problem and focas its immediate attention on extending such services to the Tompco project. Atdermin Robinson presented and read a prepared "in-depth" report on the subject and cfiered a resolution thereon as follows : By Alderman Robinson: seconded by Alderman Nordheimer a request received by the Board of Public Works from the Town of Ithaca for the extnna ion of water and sewer services to the proposed Tompco and Kenilworth developments c:: Ellis Hollow Road, outside the city limits , has been denied by said Board, and T771: �A.S, it is the sense of this Common Council that the success of the Tompco project will have lasting positive effects in the area of private development of low-income housi.r_; in Greater Ithaca, and WHEREAS, in order to make feasible a supply of water and sewer services to the Tompco development, water and sewer services must be supplied at the same time to the Kenilworth project, NOW THEREFORE BE IT RESOLVED, that the Common Council requests the Board of Public Works to imolerrent the extension of water and sewer services immediately to the Tcmpco and Kcnil*-north developments . Mr. James Dunston, Ex. Director of Tompco, reviewed the history of Tompco's proposed housing development and stated his group felt discriminated against by reason of the Board's action to deny the Town's request for extension of water and sewer services to t'he area. IIe felt Kenilworth had to participate in the cost since otherwise it would not b2 economically feasible for Tompco to pay the entire cost. He advised that a petition requesting these services had been circulated since the Board's action of March 25th and would be filed later in the meeting showing the interest in the housi development by many residents of the Greater Ithaca area. Mrs. Wakula, 110 Grandy Court, acted as spokesman for Tompco families , and presented the petition which r(7 as follows: AS FAMILIES IN NEED OF HOUSING, OR SUPPORTERS OF TOMPCO BETTER HOUSING, WE UidDERS7 GNED PETITION THE COMMON COUNCIL OF THE CITY OF ITHACA TO: 1) Approve the policy of extending City water and sewer services to the "Tompco-Kenilworth" development area. 2) Request the City of Ithaca Board of Public Works to implement the ex of City water and sewer services to the proposed "Tompco-Kenilworth area, following a public hearing at the next regular Board of Publi meeting. 3) Use the influence of Common Council to encourage the Board of Publi reverse its decision denying the much needed City water and sewer the "Tompco-Kenilworth" development. contained 2,618 signatures of people residing in the City of Ithaca, th• South and West portions of the Town of which approximately 80% were report fromcity residents. Upon request Attorney Weinstein reviewed sections of giving the Board of Public Works the right to extend water to premises ou city limits. He felt that granting the extension of services as requeste, Hollow Road area would not set a precedent. He also pointed out that the the right to terminate service to areas outside the city in any Water Dis supply for the city or its inhabitant beeme insufficient. After some further discussion a roll call vote was taken on the resolutioi, as follows : AYES : 13 rT YS: 0 Unanimously Carried. Tdhile the foregoing action was recognized as only a request that the Board services to the Tompco-Kenilworth developments several alderman wondered if could indeed order the Board to do so and Attorney Weinstein promised to i opinion o•,° the question if requested to do so. BY Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Council hereby requests the City Attorney to fur ?rritten opinion on whether or not the Council can direct the Board extend Crater and sewer services to any area outside the city limit J. L: f {c; POW I — 9 ✓ -2- April 1, 1970 Ey Il derman Nordheimer: seconded by Alderman Nichols RESOI.,I�ED, that the request be referred to the City Controller for investigation and report. Carried. WATER & SEWER SERVICES OUTSIDE CITY LIMITS: Mrs . Florence Rumph presented and read a letter from Tompkins County Taxpayers' Ass'n. registering its opposition to the extension Of grater and sewer services to any area outside the City limits at this time or until all city committments for such services had been met. Mr. David Saperstone spoke in savor of extending such services , and the Clerk read a letter from Alderman Bangs, z-rho -ras i.m. dble to be present due to a prior commitment, expressing his hope .hat the Board of Public Works would work with the Town toward the overall problem and focus its immediate attention on extending such services to the Tompco project. Aldermanl Robinson presented and read a prepared "in-depth" report on the subject and biered a resolution thereon as follows : By Alderz= Robinson: seconded by Alderman Nordheimer a request received by the Board of Public Works from the Town of Ithaca for the extension of water and sewer services to the proposed Tompco and Kenilworth developments cn Ellis Hollow Road, outside the city limits, has been denied by said Board, and T•r'EREAS, it is the sense of this Common Council that the success of the Tompco project will have lasting positive effects in the area of private development of low-income housing in Greater Ithaca, and 4ai REAS, in order to make feasible a supply of water and sewer services to the Tompco development, water and sewer services must be supplied at the same time to the Kenilworth project, K,OW THEREFORE BE IT RESOLVED, that the Common Council requests the Board of Public Works to implement the extension of water and sewer services immediately to the Tompco and Kc it*.rorth developments . Mr. James Dunston, Ex. Director of Tompco, reviewed the history of Tompco's proposed housing development and stated his group felt discriminated against by reason of the Board's action to deny the Town's request for extension of water and sewer services to the area. He felt Kenilworth had to participate in the cost since otherwise it would not be economically feasible for Tompco to pay the entire cost. He advised that a petition requesting these services had been circulated since the Board's action of March 25th and would be filed later in the meeting showing the interest in the hous-1ng development by many residents of the Greater Ithaca area. Mrs. Wakula, 110 Grandview Court, acted as spokesman for Tompco families , and presented the petition which r _3ad as follows: AS FAMILIES IIJ NEED OF HOUSING, OR SUPPORTERS OF TOMPCO BETTER HOUSING, WF THE UNDERSIGNED PETITION THE COMNION COUNCIL OF THE CITY OF ITHACA TO: 1) Approve the policy of extending City water and sewer services to thf proposed "Tompco-Kenilworth" development area. 2) Request the City of Ithaca Board of Public Works to implement the {tension of City water and sewer services to the proposed "Tmpco-Kenilwort It development area, following a public hearing at the next regular Board of Pub_ c Works meeting. 3) Use the influence of Common Council to encourage the Board of Pub c Works to reverse its decision denying the much needed City water and sewe, services to the "Tompco-Kenilworth" development. a. contained 2,618 signatures of people residing in the City of .Ithaca, tY, le Northeast, South and West portions of the Town of which approximately 80% were report -Jed to be fromcity residents. Upon request Attorney Weinstein reviewed sections of the Charter giving the Board of Public Works the right to extend water to premises ou _tside the city limits. He felt that granting the extension of services as requeste d to the Ellis Hollow Road area would not set a precedent. He also pointed out that the Board had the right to terminate service to areas outside the city in any Water Di -trict when the supply for the city or its inhabitant beanie insufficient. After some further discussion a roll call vote was taken on the resolutic n which resulted 4i as follows: � !,YES: 13 ,BAYS: Unanimously Unanimously Carried. `,•,'hile the foregoing action was recognized as only a request that the Board , extend such services to the Tompco-Kenilworth developments several alderman wondered if the Council could indeed order the Board to do so and Attorney Weinstein promised to I ,mite an opinion of the question if requested to do so. BY Alderman Nordheimer: seconded by Alderman Nichols RZ'SOLVED, that the Council hereby requests the City Attorney to fur .,nish it with a ?-mitten opinion on whether or not the Council can direct the Board of Public Works to extend water and sewer services to any area outside the city limit ;s . Carried. •!.+ A�ri3 �, �9T0 By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Council hereby requests the Board of Public Works to develop a coordinated plan for the future utilization and development of water and sewer resources which shall include present and potential capacity and a plan for future development. Carried. A five-minute recess was declared at 9:05 p.m. at the end of which time the Mayor called the meeting to order again. ✓ JOMI D. STONE: The Clerk read a letter from the Youth Bureau recommending the provisional appointment of John D. Stone as a Youth Worker, effective Jan. 16, 1970. By Slattery: seconded by Alderman Robinson RESOLVED, that John D. Stone be provisionally appointed to the position of Youth Worker in the Youth Bureau at an annual salary of $7,416.00, the minimum of grade 32 in the Compensation Plan, that his appointment be effective as of Jan. 12, 1970; and that the Civil Service Commission be requested to hold an examination for this position. Carried. ✓ TAX WARRANT: The Clerk read a letter from the City Chamberlain,. recommending that the County be requested to extend its Warrant for collection of the 1970 State & County taxes until June 1, 1970. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the City Chamberlain be authorized to request the County of Tompkins to y extend its Warrant for collection of the 1970 State& County taxes until June 1, 1970. Carried. DISPOSITION OF RECORDS: The Clerk presented a request from the Civil Service Commission for permission to dispose of old records, pursuant to provisions of section 65-b of the Public Officers Law. By Alderman Nordheimer: seconded by Alderman Spano RESOLVED, by the Common Council of the City of Ithaca, New York, that Mrs. Mildred Shoemaker, Secretary of the Ithaca Civil Service Commission, be and hereby is authorized to dispose of record items numbers 1-11 inclusive, 14-20 inclusive, 22, 243, 25, and 26 on Records Disposition Request List Number 240-CS-5 issued pursuant to section 114 of._ . the Regulations of the Commissioner of Education, and BE IT FURTHER RESOLVED, that the Clerk of this Council be, and hereby is, directed to furnish a certified copy of this resolution to Mrs. Mildred Shoemaker, Secretary of the Carommissicn, to be forwarded to the Commissioner of Education, Carried. PETITION - ELDERLY HOUSING: The Clerk read a petition containing the names of 24 residents of the South Plain-Wood, Park Street areas expressing their concern that excessive damage would be done to their properties with the construction of the high rise for the Elderly on the Meadow Street site. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that this petition be referred to the Housing Authority for its information. Carried. STRAWBERRY FIELD FLAY AREA: The Clerk read a letter from the Planning Board offering the following as its recommendation regarding a petition, presented to Council on Feb. 4th, requesting the City to keep an area adjacent to Belle Sherman School in a wild condition: a. That the area should be left wild b. That the baseball diamond and the strip of land along the rear property line of houses facing Mitchell Street should be retained and maintained properly c. That the City Parks Department should be notified of the final resolution concerning this property in order to schedule its operation accordingly d. That the area be called "Strawberry Fields Play Area." FESTIVAL LEASE: The Planning Board also reported on its findings concerning the lease of the old airport site between the City and the Ithaca Theatre of the Arts, Inc. It felt the matter was one of a legal nature and should be handled accordingly. It also felt the City should urge the State to build a park and marina as provided for under the Tripartite Agreement, even if the marina basis needs to be modified due to the uncert�.inity of the Theatre. The Planning Board's recommendations regarding the afore-mentioned two matters were referred to the Youth & Recreation Committee. ASS'N FOR RETARDED CHILDREN The Clerk read a letter from the Tompkins County Social Planning Council regarding the ARC's withdrawal from a plan to share facilities with other groups interested in providing services to the handicapped. It suggested this matter be discussed also at the April 23rd meeting. This matter was referred to the Chairman of the Human Relations Committee, Chairman of Finance Committee and the Mayor. who SOCIAL PLANNING COUNCIL: The Clark read a letter fr= TcmpXjZ8 County United Fun:: explMing its intent o pursue the idea of creating a county wide organization 21 social planning to replace the present Tomp. Co. Social Planning Council and asking Council representation at a meeting to be held on April 23rd. for this purpose. By Alderman Feldt: seconded by Alderman Robinson RESOLVED, that the Mayor and Chairman of the Human Relations Committee be askea to attend this meeting as city representatives. Carried. MRS. PARRISH RESIGNATION: The Clerk announced the resignation of Mrs. EliZabetth, Parrish to become effective April 6, 1970, to accept a position as Town Clerk of the Town of Ithaca. By Alderman Nichols : seconded by Alderman Nordheimer RESOLVED, that Mrs. Parrish's resignation be accepted with regrets; and that the Council extends to her its best wishes for success in her new assignment. Unanimously Carried. MRS4 CAROLS GROVER: The Clerk recommended the appointment of Mrs. Carole Grover as a Sr. Stenographer to fill the vacancy caused by the resignation of Mrs, Parrish, By Alderman Rundle: seconded by Alderman Spano RESOLVED, that Nrs. Carole Grover be appointed provisionally to the position of Senior Stenographer at an annual salary of $5,527.00, the minimum of grade 24 in the Compensation Plan; that her appointment shall become effective on April 6, 1970; sand that the Civil Service Commission be requested to hold an examination for this position. G'J Caried. M. ROXIE HUBBARD: The Clerk reported that the appointment of Mrs. Grover had in turn � Qre ated a vacancy in the Finance Department and that the Controller had recommended =� the appointment of Mrs Roxie Hubbard to fill..this .vacancy. By Alderman-Brindle: seconded by,-Alderman Spano WO'LVED, that Mrs. Roxie Hubbard be provisionally appointed to the position of Senior Account Clerk at an annual salary of`$5,140.00, the minimum of grade 22 in the Compensation'Plan, effective March 269 1.970, and that the Civil Service Commission be requested to hold an examination, for this position.. Carried. MMAAMAGE LICESE CLERK: The Clerk advised he had appointed Mrs. Jeanne Frandsen as a Marriap �icense Clerk and requested Council approval .thereof. By Alderman Rundle: seconded by Alderman Spano WOLVED, that the' Clerk's designation of Mrs. Jeanne Frandsen as a Marriage License Clerk to issue marriage licenses in his absence , or inability to act be and hereby is approved, to became effective 'this 1st day of April 1970. Carried. SPCA CONTRACT: The 'Clerk presented for approval an agreement between the City and Tompkins County SPCA to provide for the services of a dog warden, maintenance of a Dog Pound and related services. By Alderman Nordheimer seconded by Alderman Nichols RESOLVED, that the matter be referred to the Public Safety Committee for study and report, Carried, STANDARDIZATION OF PARKING METERS,: The..Clerk read a letter from the Superintendent requesting the Council to .authorize standardization of Park-O-Meters as the type of parking meter to be used throughout the City in 1970. By Alderman Robinson: seconded by Alderman Rundle RESOLVED, that the Superintendent's request be referred to the Public Works & County Relations Committee for study and report. _ . Carried. ANNEXATION: By Alderman Boronkay: seconded by Alderman Jones WHEREAS, the City of Ithaca has taken possession of the property formarly known as the U.S. Naval Reserve Building, and WHEREAS, said building is located on city-owned land, and WHEREAS, there are no inhabitants living or residing on said property, and WHEREAS, said building will be used in the future for City purposes, and WHEREAS,. the Charter and Ordinance Committee of. the Common Council. has studied this matter and recommends that the City of Ithaca annex said property and incorporate it within the City limits; NOW THEREFORE .BE IT RESOLVED, that pursuant. to the provisions of Article 17 of the General Municipal Law of the State of New ,York, that this Common Council of the City of Ithaca does hereby approve the recommendation of its Charter and Ordinance Committee, concerning proposed annexation of that area to the City of Ithaca, and that a copy of this resolution be filed in the office ,of the City Clerk,, and that the City Clerk shall so notify the Clerk of the Town of Ithaca and request, said Town. Clerk to,,briug this matter to the attention of the Town Board of the Town of Ithaca, with the request of this Common Council that said Town; Board consent to annexation of said property to the City of Ithaca on the basis of its determination that such annexation is in the overall public interest. Carried. Now APPL& i, L/TO Atutau,lu� REPORTS: The Controller presented annual reports of the City Chamberlain and City',ontroller for the fiscal year ending Dec. , 31, 1969. By AiOlerman Rundle: seconded by Alderman Boronkay ZE'3f',L`TED, that these reports be accepted and ordered filed. Carried. 4. BOND RESOLUTION - FIRE TRUCKS: The Controller presented a bond resolution, prepared by the City's bonding attorneys, to help finance the purchase of two new fire trucks and it was acted upon as follows: BOND RESOLUTION DATED APRIL 1, 1970 A RESOLUTION AUTHORIZING THE ISSUANCE OF $90,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE PURCHASE OF CERTAIN FIRE-FIGHTING VEHICLES BY SAID CITY. By Alderman Rundle: seconded by Alderman Spano } BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, I New York, as follows: Section 1., The specific object or purpose to be financed, in part, pursuant to this resolution is the purchase by the City of Ithaca, Tompkins County, New York, of the following described fire-fighting vehicles, including apparatus to be used in connection therewith: a) One Custom 4 wheel steel aerial ladder truck at a maximum estimated cost of $55,000; and b) One Custom Class A 1200 GPM Pumper at a maximum estimated cost of $35,000. Section 2. The total estimated cost of the aforesaid items is $90,000, and the plan for the financing thereof is as follows : a) By the expenditure of $4,500 hereby appropriated therefor from capital reserve fund no. 15 - fire engines, which shall constitute the down payment required pursuant to Section 107.00 of the Local Finance Law; and b) By the issuance of $85 ,500 serial bonds of said City hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in paid City a tax sufficient to pay the principal of and Jxterest- on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1 Such bonds are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a Clerk's notice in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: William H. Sullivan VOTING Yes Rudolph Saccucci VOTING Yes Donald Slattery VOTING Yes Nr A0066 61 Ulf � d Michael Robinson VOTING Yes John Blanchard VOTING Yes Anthony F. Spano VOTING Yes Joseph Rundle VOTING Yes Ronald Nordheimer VOTING Yes Mrs. Ethel Nichols VOTING Yes Mrs. Anne Jones VOTING Yes Richard Boronkay VOTING Yes Allan G. Feldt VOTING Yes Edward Conley VOTING Y 1 t i APPROVED BY THE MAYOR ftri]L IL, 71m TOMPKINS COUNTY ASSN FOR RETARDED CHILDREN: Alderman Rundle reported t111A fiance Committee was split on its decision to provide funds requested by ARC. Alderman Robinson expressed his interest in work done by ARC but felt that any public funds to support it should be derived from Tompkins County rather than the city. A lengthy discussion ensued during which Mrs. Saperstone, President of ARC, and others, expressed their opinions that the space in the Gilbert building housing Mental Health was totally inadequate for ARC's program. Mr. Edward Treathway spoke in favor of a combined meeting of representatives of ARC, Mental Health Board and others interested in helping the handicapped to see if a ,joint program could be worked out. By Alderman Saccucci: seconded by Alderman Spano RESOLVED, that the ARC's request for an appropriation of $6,000.00 for the current year be approved. AYES: (5) Boronkay, Spano, Rundle, Saccucci, Sullivan NAYS: (8) Conley, Feldt, Jones, Nichols, Nordheimer, Blanchard, Robinson, Slattery Motion Defeated. Another five minute recess was declared at this point in the proceeding at the end of which time Mayor Johns called the meeting to order again at 11:05 p.m. COLUMBIA STREET BRIDGE: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the City Controller be and hereby is authorized to engage the services of the City's bonding attorneys to prepare a bond resolution in the total amount of $200,000.00 to finance the cost of replacing the Columbia Street Bridge with a utility- pedestrian type bridge.. Carried. VEHICLE STORAGE FACILITY: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the request of the Assistant Superintendent for a vehicle storage facility for the Construction & Maintenance Division be referred to the Planning Board for report back to the Finance Committee prior to the Common Council meeting on May 6, 1970. Carried. CAPITAL RESERVE FUND #22: Controller Russell reviewed the need to break down Capital Reserve Fund #22 into two parts to conform to State regulations on bus grants. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that Capital Reserve Fund #22 - Bus Acquisition, be broken down into two reserve funds to be known as Capital Reserve Fund #22, Bus Acquisition, and Capital Reserve Fund #22-A, State Aided Bus Project, and RE IT FURTHER RESOLVED, that $4,200 of each year's appropriation for bus acquisition be allocated to Capital Reserve Fund 22-A, State Aided Bus Project, and the remainder of the appropriation be allocated to Capital Reserve Fund #22, Bus Acquisition, to conform to State Regulations . AYES: 13 NAYS: 0 Carried and approved by Mayor. BUS ADVERTISING: By Alderman Rundle : seconded by Alderman Jones d RESOLVED, that the request of the Board of Public Works to include $11,000. for bus advertising in the 1970 final budget be denied. Carried. Alderman Rundle directed attention to Sec. 2-11 of the Code of Ordinances requiring the Finance Committee of the Common Council to exercise certain duties relating to the 7 (S ON APP&h &0" Community Bus Transit System. By Alderman Robinson: seconded by Alderman Nichols RESOLVED, that the Finance Committee be requested to review this section and report thereon. Carried. Mr. Morton Stern appeared and in a brief statement asked the Council to reconsider its action and offer him the bus advertising on a straight commission basis. TRAFFIC CONTROL - TRAVEL EXPENSE: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that Account A109- 33, Traffic Control- Travel Expense, be amended by adding $200.00 to cover the expenses of two employees while attending a school for Traffic Engineers and Traffic Signal Technicians in Syracuse , N.Y. AYES: 12 NAYS: 1 - Robinson Carried. AUDIT: By Alderman Rundle .- seconded by Alderman Spano RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $8,767.65 , as listed on audit abstract #4-1970, be approved for payment. Carried. CODE AMENDMENT:- No. 2-1970: On recommendation of the Public Safety Ccmmittee action was taken to remove bidding requirements on police uniforms as follows : By Alderman Sullivan: seconded by Alderman Spano BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 8, Article 4, Section 8-59, paragraphs (a), (b) , (d) and (e) be and the same hereby are repealed, and BE IT FURTHER ORDAINED, that paragraph (c) of said section be renumbered (a) . EFFECTIVE UPON PUBLICATION AYES: 13 NAYS: 0 Carried and approved by Mayor. POLICE MOTOR CYCLE: Alderman Sullivan reviewed the need of two new motor cycles for the Police Department during this year instead of one. He felt it would be more economical to do so. By Alderman Sullivan: seconded by Alderman Spano RESOLVED, that the 1970 tentative budget for the Police Department be amended to include sufficient funds to purchase two new motor cycles; and that the Chief of Police be r authorized to advertise for bids on two such vehicles. Carried. CAPITAL BUDGET FINANCING: Alderman Feldt reintroduced the following motion which had ^en defeated at the March 4th meeting: By Alderman Feldt: seconded by Alderman Robinson RESOLVED, that monies provided in the General Fund, Water Fund and Sewer Fund in Account 290-560 - Provision for Capital Projects, be released only by Common Council approval when the request for a given project, containing a description of the project, cost estimates including material and labor or contract costs, and estimated date of beginning and completion of the project have been presented. Attorney Weinstein asked if the Board, by giving the required data at the time of sub- mitting its budget requests for an appropriation of funds, would be deemed to have complied with the intent of this resolution. It was generally agreed that this would meet the intent of the resolution. A roll call vote on the resolution resulted as follows: AYES: (9) - Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Blanchard, Robinson NAYS: (4) - Conley, Slattery, Saccucci, Sullivan Motion Carried. STATE MARINA MEETING: Alderman Feldt called attention to a meeting to be held on April 15th at Finger Lakes State Parks Commission's office to discuss a deviation from the master site plan for the State Marina to be constructed at Inlet Park, and wondered who should attend to represent the City. He advised he had asked Mr. Kasprzak, ` Chairman of the Inlet Park C—ittee, to do so. Alderman Nordheimer felt that elected officials should represent the City on matters of policy. Mayor Johns indicated his intent to attend and that he would invite Alderman Sullivan to attend with him. SEALER'S REPORT: Alderman Nordheimer reviewed paragraph 3 of page 5 of the Sealer's report for 1969 and asked that it be referred to the Public Works & County Relations Committee. It was so ordered, -1 April 1, 1070279 RECREATIONAL FACILITIES: Alderman Nordheimer called attention to a recent letter to the Editor critizing the lack of recreational facilities provided for teen-age girls as compared with what is provided for teen-age boys. The matter- was referred to the Youth and Recreation Committee for consideration. CONTINUITY OF GOVERNMENT: Alderman Saccucci asked what had been done about continuity of government in the event of an attack or public disaster. Alderman Nordheimer replied that the Charter and Ordinance Committee had this matter on its agenda to take up with the local Director of Civil Defense in the near future. HOUSING AUTHORITY REPORT: Mr. David Armstrong, Director of the Ithaca Housing Authority, presented and reviewed a prepared report on Elderly Housing. Copies thereof were distributed to the aldermen. MEETINGS: Alderman Nordheimer expressed his feelings that the Council should meet twice each month instead of once in order to keep abreast of the volume of business coming to its attention. By Alderman Nordheimer: seconded by Alderman Feldt RESOLVED, that the Council shall hold its regular meetings on the 1st and 3rd Wednesdays of each month now through June 1970. Motion Defeated. On motion the meeting was adjourned at 12:15 a.m. Geo. A. Blean, City Clerk Hunna^ has, Mayor i 0% jo —lqm. lull 7,,1 r, C, 22 !P-,O PRESENT: Mcyor - 11. r,hrs Ccyir hiss�-oncrs of Leary, Putney, Aldermen (721, F-1 cl -iols Spano, Slattei7T, Aldermpz-i CTHERIS PPT'STN". ,3c�n-, at Pna--!�'s regul---- & r 1TJ----1 -i 7,-"-- CY, S upt. Di,lf r �an of 1.' -Lt : C Water Rcso,r--c--. -,' i —^ -E'7- Ca-oal-,j' tj the S'-x Mile Cree'i -1 -vhr,.-! thc n-X7.-nx-i 10nendable. fl-ow is 5 .)t m "qc i17, gj" :,-�S �y�- -'-'-IC,, -e h�--n g-.11ons creatfng n a deficit that is made'- roir its r,-s —e -r th,: C'i-'.,y:s wate.r rAservoar. He advised that there is insufficient storage +o capture the high run off during the early months of the year and predicted that dl-ir'.rg a long d-ought period of ab,-iut, 120 days the City would exhaust its water supply, He f,----t i-nterfm solutions could be either wells in Inlet Valley or dra7.fing from Cayugr Lake and suggested the Citv consider a test well at an estimated cost of x`)30,000-00. Supt. Dingman then introduced Prof. Charles D. Gates. Vice Chairman of the Cayuga Lake Pasin Boa--d, -Tio reviewed its role and studies made during the past several years regarding a water supply for the greater Ithaca area Assistant Supt. Hannan advised +.h a± the cons-zprtl jon of water during the past 10 years had increased by 50% as cerps.red to a 10% increase in population. He indicated that city could supply the Kenilworth and Tomnco developments with its demands at the present time but advised the CJt-r had. already jeopardized --'ts -vater supply. He felt the City should decide on a method o' augmenting its supply, how to build the new facilities and who will pay for then. Comm. Yengo reported that Town Surervisor Schwan had informed the 'Superintendent that the Town would be willing to pay for the cost of a study by a consult-art to determine the best method and cost of meeting an interim demand for approximately 3 million gallons per day over the next five years; and that when this was complete the City and Town would mew, again to establish the basis for payment for the expansion of the City's system to meet projected demands . By Comm. Yengo: seconded by Coi-,m. L-ax,,,- RESOLVED, that the Board hereby recommends to the Common Council that future extension of water and sewer services to areas outs--*de the City limits shall be Fu- ded by the following principles : n 1) Facilities for the production and treatment of water shoulld remain the D roperty of the City of Ithaca. 2) Facilities for the treatment of sfn-?ze shci:.ld remain the property of the City of Ithaca. 3) Facilities for the distribution of water to city consumers should remain the property of the City of Ithaca. 4) Facilities for the collect'- on of sewage from city consumers should remain the property of the City of Ithaca. 5) Facilities necessary to expand water production to meet specific demand for locations outside of the City should not be built at the expense of the City rate payer or tax payer,. 6) Facilities necessary for the expansi-on of the sewage treatment capability to meet a specific demand beyond the city limits should not be constructed at the expense of the City tax payer or rate payer. 7) That the City expresses its willingness to expand its water system and its sewer system to meet n, ny firm demands which can reasonably be served by the City and ---L - which are within the capability of our water source or sources and within the u capability of our receiving water:- . Carried. The following 141 t"orb on the matter was taken by the Council. ,X K1 I By Alderman 'aimow. seconded by Alderman Conley ► RESOLVED, that the Con-mon Council of the City of Ithaca hereby determines that the City's policy for the future ex'�,ensicn of wate-- and sewer services to areas outside the City limits, shall be guided b,,r the follnwing prinziDles : 1. Facilities for the pro -'on an treatment of -Tater should remain the property rluct-1 l of the City cf Ithaca. 062" Nampo po " 0.01 6 x,r.w. Mellon Aloha No 16010 2 2, Facilities for the treatment of sewage should remain the property of the 3. Facilities, fo- the distribution o_;: water to city consumers should renai_n the prop_ ty of th> C.:ty I'.:. aca.. 1i. Facilit;_os for h::, colle^_ti �_ of sewage from cit;;r cons-m-ers should remain the th v.c s.. 5. Faci�.; rC.-essa '.r t- c-- pand 'uate; pro(au^tics to meet c. s-)ecific fer locati.ol s ci-lts (C _1 t'_r: c_L r :;hovll not 1,e built at th(_ expense cf the city rate nwrer or tnY 6. Facilitics nee:ssa�, fo trc o:._:i ansica o-f tIle Gewa.:e treatment capab4_1.it� to meet a S °CLf-C ema.1(I ti :-r0'1 I,:IC Cit:r _iri_,S 11:)U1d no be Strti..r`^.Cj at .1: expense oi or rate p�Wer. That t- e ni__ ;r °r p,-e:se F __ expand its water r_1 c, C:-rer syst�'M _ , '".-et ^1zr f:i.-171 C''TP.ar. S ?:Ti1�C'1b c€'vn ?eE -sonabl y be served by the Cf.t;' an(' . .. T-.4._11_,1;whic'n _•_t'1yn �„ o )- Tr ter -ou n e or scur(ono a nd capa')ilit.y. (,', our �. The C.itrr of Tth"„C". Ca ,)tht,- A•7-.-,-rn--gents ^r.3 CX-s ing 8^°r^iP3 _n ti":e O'��i.1??'.U:1 rin<.rC�.r'f:':-":.".', '"�P .il„�_ �.... .rte �.- r+X,.7 -�(�". rer C1)Y'C`O f, t'-s. Alderman i?ordY?.(>i mcr f l' t.10 '),> mere tire to Gtid�r t'1e Board's recommendation. By Alderman Nordheimer: seconded by Alderman Bangs �. RESOLVED, that the foregoing motion be tabled, CG AYES: 2 - Nordheimer, Bangs . NAYS: 10 r Conley, Feldt, Boronkay, Jones, Nichols , Spano, Slattery, Rundle , Sullivan, Robinson Motion Defeated. The Clerk then took a roll call vote on the original motion which resulted as follows : AYES: 12 NAYS: 0 Unanimously Carried. On motion the meeting was adjourned at 7:15 p.m. Geo. A. Blean, City Clerk unn J s, ayor I COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. REGULAR MEETING 7:30 P. m. MAY 6, 1970 PRESENT: Mayor - Johns Aldermen (13) - Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bangs,Robinson, Slattery, Saccucci, Sullivan, Conley OTHERS PRESENT: Attorney - Weinstein Building Commissioner - Jones Chief of Police - VanOstrand Controller - Russell Urban Renewal Director - Daley Asst. Controller - Spano Planning Director - Kasprzak Clerk - Blean B.P.W. Commissioners - Putney, Golder Deputy Clerk - Grey Youth Bureau Director - Cutia All present stood and were led by the Mayor in a pledge of allegiance to the American Flag. MINUTES: Minutes of the last regular meeting were approved as recorded by the Clerk. The Clerk advised that an error in the minutes of the joint meeting with the Board of Public Works on April 22nd ha.d bees discovered. It had been recorded that Alderman Nordheimer offered the motion on a policy of extending water and sewer services to areas outside the city limits whereas it should have read Alderman Robinson. Be Alderman Nordheimer: seconded by Alderman Sullivan RESOLVED, that the minutes of the joint meeting of the Council held on April 22nd, be amended to reflect this correction; and that they be approved as thus amended. } Carried. WATER & SEWER SERVICES OUTSIDE CITY LIMITS: Walter Schwan, Supervisor of the Town of Ithaca, presented and read an eight-page prepared statement explaining the Town's position in the recent controversy regarding the extension of water and sewer service to the Kenilworth-Tompco developments on Ellis Hollow Road in the Town of Ithaca. By Alderman Robinson: seconded by Aldexman Bangs RESOLVED, that the Public Works and County Relations Committee be requested to meet with the Town Board of the Town of Ithaca to discuss possible solutions to the water problem prior to the next meeting of this Council. Carried. ELM STREET HOUSING DEVELOPMENT: James Dormady appeared and protested the proposed housing development on Elm Street being proposed by UDC. He opposed it personally on the basis of high-density population of the area, obstructing the view from his own house, the expenditure of taxpayers' money to supply services to the developer at taxpayers, expense, and the traffic problems that it would cause on Elm Street. He presented a statement also from West Hill Civic Assn, opposing it mainly because of traffic problems but also because it wished the area developed into residential housing. The Clerk read a letter from James R. Graves, 121 Elm Street, opposing the development on the basis of increasing traffic problems on Elm Street. By Alderman Nordbeimers- seconded by Alderman Boronkay RESOLVED, that Mr. Dormady's protests and that of James R. Graves be referred to the Chief of Police, Supt. of Public Works and Planning Director for consideration of the traffic problems referred to and report back to Council at its next meeting. Carried. David Saperstone spoke in opposition to the development. He felt the public hearing held on May 5th showed little public support for the project. He urged that the matter be given careful consideration and suggested the Mayor appoint a special committee to consider the granting of some sort of tax abatement to private developers. V JOHN F. BLANCHARD - RESIGNATION: The Clerk read a letter, dated April 6, 1970, from John F. Blanchard tendering his resignation as Alderman from the 3rd Ward on this date because he was moving his residence from Ithaca. Attorney Weinstein advised the Council should establish rules on the method of appointmen of a successor since the provisions of the Charter was silent on the subject, or decide whether it should be done by majority vote or plurality. - By Alderman Robinson: seconded by Alderman Bangs RESOLVED, that the Council shall fill any vacancy by a majority vote of those present and voting; and that if there be more than two candidates for the office then there shall be a run-off vote until one is elected by a majority. WIN Now 0, LYTO' During et discussion Alderman Bangs withdrew his second to the motion. The motion was represented as follows: By Alderman Robinson: seconded by Alderman Nordheimer RESOLVED, that the Council shall fill any vacancy by a majority vote of those present and voting. AYES: 3 - Nordheimer, Rundle, Robinson NAYS: 10 - Feldt, Jones, Boronkay, Nichols , Spano, Bangs, Slattery, Saccucci, Sullivan, Conley Motion Defeated. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the vacancy shall be filled by a plurality vote and that such plurality shall be by one--third of those voting at least. Alderman Nordheimer felt that a candidate who could not receive majority vote should not be seated and felt this should be made a mandatory regulation. AYES: 12 NAYS: 1 - Nordheimer Carried. Alderman Saccucci felt the vote on candidates should be by secret ballot while Alderman Robinson felt it should be done publicly. Attorney Weinstein advised it should be by secret ballot as prescribed by Roberts Rules of Order. Alderman Bangs then nominated John C. Gutenberger, 212 Delaware Avenue, to fill the vacancy and Alderman Spano nominated Wilmer J. Andrews, 510 Mitchell Street. By Alderman Bangs: seconded by Alderman Conley t RESOLVED, that the nominations be closed. Carried. The Clerk conducted a poll by secret ballot which resulted in seven votes being cast for Mr. Andrews and six votes being cast for Mr. Gutenberger. Mayor Johns declared Mr. Andrews duly appointed Alderman for the 3rd Ward for the term ending Dec. 31, 1970, to fill the vacancy caused by the resignation of John F. Blanchard. The Clerk administered the oath of office to Mr. Andrews who then took his seat for the balance of the proceedings . A five-minute recess was declared by the Mayo`'. At the end of this time the Mayor recon- vened the meeting. SPCA AGREEMENT: By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Council approves renewal of the agreement with Tompkins County SPCA for ` the year 1970 under its present terms and conditions for the stipulated fee of $5,400.00; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal, and forward it to NYS Dept. of Agriculture & Markets for final approval. Alderman Robinson opposed it because he felt it should be a County function. Alderman Nordheimer felt the services should be expanded. Alderman Sullivan promised to meet with County officials to work out a joint arrangement for next year. AYES: 13 NAYS: 1 - Robinson Carried. MASTER PLAN: The Clerk read a letter from the Planning Board advising that it had approved a General Plan or Master Plan for the entire city. It recommended it to the Council for its approval. Copies thereof were distributed to each alderman. By Alderman Conley: seconded by Alderman Nichols BE IT RESOLVED, that the General Plan for the entire area of the City as approved and adopted by the Planning Board on April 22, 1970, is hereby accepted and approved in prin- ciple as a general guide for the future development of the City of Ithaca; and BE IT FURTHER RESOLVED, that said General Plan be reviewed and reaffirmed by the Common Council on an annual basis and all modifications noted and kept on file in the Planning Board's Office. Carried. CIVIL SERVICE REPORT: The Clerk read a letter from N Y S Civil Service Dept. transmitting s its Management Survey Report of the local Civil Service Administration for the period from April 1965 to December 1969. It indicated the administration of civil service in the City of Ithaca was generally very good during the period. By Alderman Bangs: seconded by Alderman Robinson RESOLVED, that.,the-report be accepted .and placed on file. Carried. ±._ May 6, a.9 To FRED D LEWIS SIDEWALK ASSESSMENT: The Clerk read a letter from the City Chamberlain requesting authorization to add an unpaid sidewalk assessment for the Fred D. Lewis property at 2C7 Willow Ave. to the 1970 Tax Roll for collection. By Alderman Feldt: seconded by Alderman Boronaky RESOLVED, that the Chamberlain be authorized to add said unpaid sidewalk assessment to the Tax Roll for collection as recommended, Carried. DEWITT SOCIAL SERVICE CENTER: The Clerk read a letter from NYS UDC expressing its hope That some final decisions be reached _-elative to the DeWitt Social Service Center study made by it. By Alderman Feldt: seconded by Alderman Jones RESOLVED, that the letter be referred to the Youth Recreation Committee and the City-Count Cooperation Committee for 3cint study. Carried. ✓ SIDEWALK ASSESSMENTS: The Clerk reported the Board of Public Works had levied assessments for the construction of s_' de-aalks during 1969 and recommended them to Council for final confirmation. By Alderman Robinson: seconded by Alderman Saccueci WHEREAS, the Board of Public Works levied sidewalk assessments on Feb. 11, 1970 for the construction of sidewalks at 105-107 Dryden Road, 314 Park Place, 1104 N. Cayuga Street, 609 N. Tioga Street, and 501 Utica Street respectively, and WHEREAS, a public hearing thereon was held by the said Board on March 25, 1970 and April 8, 1970 at which time the Board took action to finally approve said assessments and file a schedule thereof with the Council for confirmation and final approval. NOW THEREFORE BE IT RESOLVED, that said assessments in the total amount of $1,651.54 be and the same hereby are approved and confirmed, and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of said assess- ments; and that the Mayor and City Clerk be authorized to sign and execute said Warrant, whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessments or portions thereof remaining unpaid after the expira- tion of six months from the date of said warrant, the City Chamberlain shall add and collect the percentage thereof at the rate of 5% per annum except and provided however that the City Chamberlain may allow persons to pay their assessment if the aggregate amount exceeds $25 .00 in five equal installments with interest at 5% on or about June 1st in each year, provided however, that any person desiring to pay by installments shall make application promptly in writing to the City Chamberlain; and all properties having such assessments o portions thereof of installment payments thereof in arrears, and remaining unpaid at the close of any city tax collection period shall be included by the City Chamberlain in a subsequent city tax sale held in November each year following such city tax collection period; and such property shall be sold for any unpaid assessments or portions thereof or any unpaid installments together with the outstanding balance of such installment payments, together with all interest, fees and penalties that may have accrued. AYES: 14 NAYS: 0 Carried and approved by Mayor. STALLMAN ROSE GARDEN: The Clerk read a letter from Mrs. Arthur C. Stallman inviting City officials to attend ceremonies at 3:30 p.m. on May 8th to dedicate the Arthur C. Stallman Rose Garden at Stewart Park, being donated to the City as a memorial to her husband. ATTORNEY'S LEGAL OPINION: Attorney Weinstein reported he had filed his written opinion with the City Clerk on whether or not the Council could direct the Board of Public Works to extend water service to areas outside the city limits. BUDGET ADOPTION: In presenting the annual budget for adoption, Controller Russell delivered the following prepared statement; "On Monday of this week each of you had delivered to you a copy of the proposed budget for the year 1970 for the City of Ithaca. I trust each of you has had an oppor- tunity to review it and are prepared to ask questions on any particular part you may not understand or be in agreement with. You will note that this budget takes on a slightly different format than in the pas; few years in that we have gone back to what I refer to as line budgeting. In other words,, , instead of having four sub-accounts for each main account in the budget, that is, 100- Personal Services, 200-Equipment, 300-Materials and Supplies, and 400-Other Expenses, we have gone into greater detail which in my opinion provides better control over expenditures . In addition, pages 49 thru 53 are a new innovation in that we have detailed each item of equipment authorized in this budget. For instance, on page five under Account A-60 - Elections, sub-account 250-Other Equipment lists an authorization of $1,700. On page 49, under A-60 •-• Elections it is detailed as a Voting Machine for $1,700. 285 Of tbi totni gorwiatiorP 1 $5 .576,404, U 2827788 is General Fund and constitutes About YU of the tot�! budget . Th. remaining 235 is the Water and Sevor pow'-.ion of the Budget an! thrigh Water & Sower Rates ,• Tot-Li f2i 0 7 C exceed 1..969 appropriations ' y $462,370 or Kout 9%. Salarics c=74se $2 ,04,4P or 47.7% of the total Budget cirO. f_-�ingq benefits total SAM or 10 ,j-t' �".e total, In other vords, ci-Aployee costs total $3,258,692 oy AM" of the tot n_- cost c? oyeraning the Y47 of 1th-ca., I wns quota! An the lth=a appal.. I_Lst night as stating that thin is a very tight Budgot, T 7 lik- tr- nL)hasi7- tho,t polit, It K n very tight b"djet ant before the end of 1970, "v pd 'J be zarnaming for more mone7 . We haya to pit the brales on 'o 'i 2-L +h(, l.-*n,: nn tax(. J.::. the futiu-e Nevelopirg ocra athni snurcer cf =,enix�,. 'k,-: c,,.,.n get it from Saleg T%xns , Traffic Violn tions, Stato A!d, Ron 7 Frtat, TaTar n7 whatever otbe7 sonyer 7e :-.lay drricicp, Howe'rer., it doesn't i-7*tor ff 7- tQko it out of tic left ffont, Incket, the rqht front pocket, the left roan poch,3t or ',ha --.--Sht ror7 poniec, 7e arn geAting it from the indi7ldual taxpayer and he cci cn17 otni? so much There2crc , 1 foci 7e nuTt t:.j cur bcits, look ove7 our hiiing policies and cut every corner 7e cat holl, ---,-,T- t'a� toc -^te This BuAget 01 yea? 0 v vvr7 "orkablq ludget with not much, if any, fudge in it, With cooperation from all orplayess and De0artment Heads alike , it will adequately serve the needs of the citizens of the City of Ithaca:'' He extended his thanks to Mrs. Carole Grover, Secretary, Assistant Controller Spano, and others who helped prepare and compile the budget document. He then reported that the Assessment Roll for 1970 has been completed, footed, and approved by the Assessment Department of Tompkins County and resulted in the following valuations : Valuation of Land $ 08,899,950 Valuation of Buildings 229,245 ,800 Total Valuation of Real Property $ 2582145 ,750 Less - Exemption for R.R. Ceiling 614,418 257,531,332 Less - Valuation of Exempt Property A2,254,150 95 ,277,182 Plus - Valuation of S- ,iecial Franchises 3,918,75 Total Net 7aluaticn of Taxable Property $ 99,195 ,921 By Alderman Rundle: seconded by Alderran Bangs tha • the budget estimates and requisitions includirF the carital budget, as agreed upon, be and the same hereby are finally approved, adopted and confirmed in the iio�- total sum of $5 ,576,404 in accordance with the detailed budget statement on file in the office of the City Cont7oller, and WHEREAS, available and est:',-mated revenues total $4,096,064 thereby leaving $1,480,340 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1970, certified and filed by the Assessment Department of Tompkins County, has been footed and proved and shows the total net taxable valuation of $'9,195 ,921, and WHEREAS, under Charter provisions, the tax limit for city purposes amounts to $2,726,358 for 1970, NOW THEREFORE BE 1T RESOLVED, that the tax rate for general city purposes for the fiscal year 1970 be and the same hereby is est-2isixd and fixed at $15.00 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1970 tax roll, thereby making a total tax levy as bear as may be of $1,480,8409 and BE IT FURTHER RESOLVED, that the amount of ,aid tax levy be spread and levied and the same hereby is levied upon and against One respective properties shown an said City Tax Roll in accordance with theAr respective net taxable valuations at the rate of $15,QQ per $1,000 of such taxable valuations, and BE IT FURTHER RESOL'Tn, that the City Chamberlain be and hereby is directed-to extendand apportion the City tax as above , and that upon the completion of the extension of said Roll the City Clerk shall prepare a warrantt on the City Chamberlain for the collection of said levy; and the Mayor and City Clerk hereby are authorized and directed to sign and affix the Corporate Sea! to such Tarrant 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 prop- erty shall thereby become tax- liens, Oup, payable and collectible in acyordanqe 7ith provisions of Oae C!t7 Charter and other lawR applicable thereto, and BE IT 5`URTHEI? RESOLVED, that the total si)jn of $5 576,404 be appropriated in accordance with the Tax Budget as � doptel tc the respecti7c boards, offices and departments of the City foj the purDoswr respnntA707 set forth therein. b,,, the vv -5- may 6, 1970 ITHACA CITY SCHOOL DISTRICT AGREEMMiT:� The Controller reported an agreement with the School District had been negotiated whereby the City agreed to extend the services of its Civil Service Commission to the District for the total sum of $3,860.00 for the school year ending June 30, 1971. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the agreement between the City of Ithaca and the City School District cov- ering services to the District by the Municipal Civil Service Commission, for the year ending June 30, 1971, for a fee of $3,860.00 be and is hereby approved, and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Cor- porate Seal. Carried. CHAMBER OF COMMERCE AGREEMENT: The Controller recommended approval of an agreement between the City and the local Chamber of Commerce whereby the Chamber agreed to subsidize the salary of any people hired by the City from the Chamber's on-the-job training program. Subsidy was limited to a maximum of $30.00 per week for eight weeks . He presented an agreement covering Boyd Fenton who had been hired by the City. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the Mayor and City Clerk be authorized to sign and execute an agreement with Tompkins County Chamber of Commerce relating to the hiring of Boyd Fenton from its On-the-Job training program; and to sign similar agreements for such other employees that may be hired from time to time :ft-cm the Chamber's program. Carried. 4' PURCHASING PROCEDURES: The Controller reviewed difficulties experienced by him because proper purchasing procedures had not been followed in every instance. He outlined charter provisions covering purchases and presented the following for approval. To All Vendors Doing Business With The City of Ithaca This is to advise you once again that the City of Ithaca will not be responsible for payment of any items purchased from your firm unless ordered on a City of Ithaca purchase order form. Orders placed after City of Ithaca working hours and on weekends may be honored on an emergency basis, but a purchase order must be obtained on the next working day. No individual in the City Government, other than the City Controller, has the authority to bind this City for services, materials or supplies other than on an official purchase order. Therefore, if you fill an oral order, you risk not re- ceiving payment. Please be advised. John L. Russell May 6, 1970 City Controller By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the purchasing procedure as authorized by the Controller is hereby reaffirmed as the prescribed purchasing procedure for the City of Ithaca and shall be adhered to rigidly by all departments of the City. Carried. ✓ MACHINE SERVICE CONTRACTS: Controller Russell presented and recommended approval of two service maintenance agreements - one for a duplicating machine and the other for radio equipment. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that a Duplicator Service Contract with Pierson's in the amount of $40.00 per annum be approved and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal. Carried. By Alderman Rundle: seconded by Alderman Nichols RESOLVED, that a service contract with Motorola, Inc. in the amount of $141.50 for radio equipment in the Police Department be approved; and that the Mayor and City Clerk be authorized to sign and execute it on behalf on the City, under its Corporate Seal. Carried. BUS GRANT: The Controller reported on state aid in the form of a grant for purchase of the City's three new buses as follows : $55 ,093.60 Total Cost 41,114.06 State $13,979.54 Net Cost to the City for three new buses LEGALNO=E NOTICES HEkS!B'i! G1taEthe resolution lishert herei its a Adopted b the_: n Council of the City of Ithaca, on the 6th day of of the obligations aut riaed yiiGade'resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said City is not authorized to expend money,or the provisions of law which should have been complied with as of the date of publication of this notice were not substantially compiled with,and an action,suit or proceeding .contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Dated:Ithaca,New York, May 8,1970 Gen.A.Hlean i. City Clerk BOND RESOLUTION DATED May 6,1970: A RESOLUTION AUTHORIZING THE ISSUANCE OF $180,000 SERIAL. BONDS OF THE CITY OF ITHACA,TOMPKINS COUNTY, NEW YORK,TO PAY A PART OF THE COST OF THE CONSTRUCTION OF A NEW BRIDGE TO REPLACE THE EXISTING COLUMBIA STREET BRIDGE IN SAID CITY. BE IT RESOLVED,by the Common Council of the City of Ithaca,Tompkins County,New York, as follows: SECTION 1.The specific object or purpose to be financed,in part,pursuant to this resolution is the construction of a utility-pedestrian bridge in. and for the City of Ithaca,Tompkins County,New York, to replace the existing Columbia Street Bridge,including the removal of spch existing bridge. ' SECTION 2.The maximum estimated cost of such specific object or purpose is$200,000,and the plan for the financing thereof is as follows: 1 a) By the expenditure of $20,000, hereby 1 appropriated therefor from Capital Reserve 1 Fund No.4-Bridges,which shall constitute the down payment required pursuant to Section 107:00 ` of the Local Finance Law,and III By the issuance of$180,000 serial bonds of said City,hereby authorized to be issued pursuant . to the Local Finance Law. SECTION 3.It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of.paragraph a of Section 11.00 of the Local Finance Law. SECTION 4.The faith and credit of said City of Ithaca,Tompkins County,New York,are hereby irrovacably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable.An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such Ibonds becoming due and payable in such year 5. Subject to the provisions of the Local Finance Law,the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized,including renewals of such notes, is hereby delegated to the City Controller,and the chief fiscal officer.Such notes .shall be of such terms,form and contents,and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. SECTION 6.The validity of such bonds maybe contested only if: ' I)Such bonds are authorized for an object or purpose for which said City is not authorized to expend money,or 2) The provisions of law which should be compiled with at the date of publication of this resolution are not substantially compiled with, and an action,suit or proceeding contesting such validity is commenced within twenty days after the date of publication,or 3)Such bonds are authorized in violation of the provisions of the Constitution. SECTION 7.This resolution,which takes effect, immediately, shall be published in full in The. Ithaca Journal,the official newspaper,together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. May 8 n- w May 6, 1970 7 BOND RESOLUTION - COLUPIBIA STREET BRIDGE: Controller Russell presented a bond resolution, prepared by the City's bonding attorneys, to provide for the financing of the Columbia Street Bridge and it was acted upon as follows : BOND RESOLUTIONV DATED MAY 6 , 1970 A RESOLUTION AUTHORIZING 'THE ISSUANCE OF $180,000 SERIAL BONDS OF THE CITY OF ITHACA, TOi.lPKINS COUNTY, NEW YORK, TO PAY A PART OF THE COST OF TIE COiISTRUCTION OF A N ;W BRIDGE TO REPLACE THE EXISTING COLUU4BIA STREET BRIDGE IN SAID CITY. By Alderman Rundle: seconded by Alderman Jones BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows . Section 1. The specific object or purpose to be financed, in part, pursuant to this resolution is the construction of a utility-pedestrian bridge in and for the City of Ithaca', Tompkins County, New York, to replace the existing Columbia Street Bridge , including the removal of such existing bridge. Section 2. The maximum estimated cost of such specific object or purpose is $200,000, and the plan for the financing thereof is as follows : a) By the expenditure of $20,000, hereby appropriated therefor from Capital Reserve Fund No. 4 - Bridges, which shall constitute the down payment required pursuant to Section 107.00 of the Local Finance Law; and b) By the issuance of $180,000 serial bonds of said City, hereby authorized to be Ct3 issued pursuant to the Local Finance Law. L� Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of para- graph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1 Such bonds are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : William H. Sullivan VOTING Yes Ronald J. Nordheimer VOTING Yes Rudolph Saccucci VOTING Yes Mrs. Ethel B. Nichols VOTING Yes Donald Slattery VOTING Yes Mrs. Anne Jones VOTING Yes Michael A. Robinson VOTING Yes Richard Boronkay VOTING Yes John F. Bangs VOTING Yes Allan G. Feldt VOTING Yes Anthony F. Spano VOTING Yes Edward J. Conley VOTING Yes Joseph Rundle VOTING Yes Wilmer J. Andrews Abstained from Voting APPROVED BY THE MAYOR May 6, 1970 MAYOR ELM STREET HOUSING DEVELOPMENT: Alderman Rundle presented a request from NYS UDC that the City participate in certain public improvements at the Elm Street proposed housing development site, at a total estimated cost of $184,310.00. Controller Russell reported the estimated expenses of the required improvements had been reviewed by the Finance Committee. By elimination of the 2% overhead figure included, it had arrived at the following estimated method of financing: U 7- may 6, 1970. $ 36,829.00 from Water Fund Budget 16,422.00 from Sewer Department Budget 100,749..00 by Bond Issue from General Fund $_1 57,-db 0-0 0 The Clerk read a letter from the League of Women Votors of Tompkins County endorsing the project. By Alderman Rundle : seco.ide,�. by Alderman Bangs WHEREAS, the C� ,,r` of Ith .ea (C_Us, and the Ae,.•r York State Urban Development Corporation (UDC) have cnteraC_: _nt a Memora.,icl�M of Understanding, dated April 9, 1969, concerning the development of 300 v.i=te �f _ic-T arc nildle =come scattered site housing, and WHEREAS, UDC prep^.rod. a mark.-t sngireering studies , and the development of archi- tect-a.ral pans cnd sperilicat,:_ons `-.n s i(J7 Oetail as is sufficient to obtain a mortgage commitment, and WHEREAS, the Ci t;,- a.j^c� to pro�:.�i<�te -.c,:-; on by the Common Council has agreed to provid all off-sitF. publ4_c `_rprove:nente to serge the project; and obtain all other re- a quired public for the prcj ct, and WHEREAS, the ions truct�.on b,zdgets for lo,�r income residential projects are set by state and federal statutes and thus do no-c adequately allow for the escallat=on of labor and material 1 costs, and WHEREAS, the topography of the Elm Street site further increases without budget compensation the total site development costs, 1. NOW, THEREFORE, BE IT RESOLVED THAT a contract be executed between the City and UDC, subject to the acquisition by UDC of all private property located within the Elm Street site, whereby the City agrees to convey to UDC all public property and easements located- on the Elm Street site and described in Exhibit A attached hereto, and receive as com- pensation from UDC the proposed public rights of way and easements also described in Exhibit A attached hereto, ll. NOW THEREFORE BE IT RESOLVED THAT the Common Council appropriate sufficient funds to accomplish the construction of the following public improvements for the Elm Street site low-income housing development, at an actual project cost of not to exceed the total sum of $154,000,00 : 1. The Base Course, Sub Base , Bituminous Paving and Curbing for the public street described in Exhibits A and B attached hereto. 2. The storm sewers and catch basins required for the public streets described in Exhibits A and B attached hereto. 3. The relocation and extension of existing public water lines described in Exhibit A and B attached hereto. 4. The four public fire hydrants described in Exhibit B attached hereto. 5. The extension of the public sanitary sewer up from Floral Avenue to and in- cluding a manhole on the Chestnut Street Extension, and other manholes described in Exhibit B attached hereto. 6. The extension of the Chestnut Street public right-of-way and public street from Elm Street to the Elm Street site. AYES: 13 NAYS: 0 ABSTAINING: 1 - Andrews Carried. Another five-minute recess in the proceedings was declared at 10:45 p.m. and at the end of this time Mayor Johns reccnvened the meeting. Attorney Weinstein advised that the Council should agree on a final plan of financing the Elm Street site improvement and make appropriations for it. It was agreed this could be done at the June meeting. AUDIT: By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the bills audited and approved by the Finance Ccmmittee in the total amount of $55 ,676.88 in the General Fund and $230.00 in the Capital Construction Fund, Police Headquarters Building, as listed on Audit Abstract #5 - 1970, be approved for payment. Carried. -' LOCAL LAWS: Alderman Boronkay presented a proposed Local Law to provide for the continuitl_ of government of the City in the event of an attack or public disaster. Copies thereof were distributed ±o -each al.dman By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the proposed Local Law be received and laid on the table for action at a subsequent meeting. Carried. tr�41 O � 4.3 o rl ( o H N rd m 04 �, 3 U W tr 0 r-4 N � ro N '-I N A N U 41 rd 'r4 rd r-4 i -r+ O �,r-4 •14 N U $4 u •r4 0 O W � U) t 2•,4 44 H H • H O U �e O O O N N ° ° O N rn N OLn cn N d, to LO �n M ao ` [� N l- O � w � H 9 z o p, U O H H ° ° o po ° H p `n ° ° ° 0 44 o o � •-� � N Z 4-) (� H UJ •� _ :� LJ F:i H w W x v +J H �+ �; a a w 1j) 4J H r-i m V U w H O 00 M op0 fa 0 000 N r� LM Ln -4 a4 O Ea 4 ►n 00 •ri �I r 4-3 r-4 w U a d' N rd 4 H 74 rl 4 N N ON 1 i Ff �+ ta .fir H 3 r-4 � r4 � N Ri r-I RS ro 4-) U a-J m 41 U) r� .1 r-1 H � A � rd Q �' 3 0 I fo n, = O 4-) rcS S 1 cn V .I. V fn 44 44 O H O U Q NO N U1 O O O r O O O O Lr) Ln N U) v 'IT 00 O O N 00 O O O O N N H N U') r I v O ll) 00 r I t11 l0 N r-1 M N N r I [r d' 00 e-1 r- [- N 0 E•.4 2 O 124 0 H U o 0 0 o O o 0 0 C) 0 0 a H o U, o 0 0 0 0 0 0 00 U N O O •,� Q+ ri r 1 0 0 r-I r-i AA H M L Z 4-) H U) -ri U] N U) Z:) 4-) CQ x N E-+ •ri N 4J H �+ ?+ W • W (� W W A 4J �4 Q) cd Ri m4-) (3) �a w U) N w 41 H +) r. M UU w H �, U) H �i H O t.f) U) 00 N C) (z � N '""� r, r- U')LO Ln M rl OO 00 f �4 x U CY �' N H �4 ro H �l A H �4 b O Q? U � W A .ri 4-) N U) � .rrq 4J «i N 1 •> � U4 U1 44 CO z 3 3 Ei rd r O Q (0 � N r-I $4 r1 U) H E-i a x ai r{ � �4 b P4 m p, 41 cn A 0 -P x O 4-) (0 U) 4-)cvn 04 PQ O 4-) � � A 8 � N A _rd +� W (1) co 4-) fo N :J H �4 - O (� a' r-I U) U U) l0 Ga 04 U) 00 H W 00 E-4 r•q N M 'IT to l0 i� C1) H m ,N -- —�. 4-) a En c >1 ;:r 4 rn .� 0 0 D w H O U A W o o co E-+ N LO O Hl0 r i Ln Ln � H M 41 ' N z o N WW co a W a r-q Ln - O H a H O o M U a E-4 r- t` a 0 0 0 40- QA Ei 0 Lrn o ::s 4-) H 3 ED P4 a) z M a H U) -4 S4 cn (1) (n -P r 4,J (� N x (D ::I H W • H M A N � � U] U a � N r WEf) m M d� W N W E-4 4-1 r w N tt1 O W U >+ O vl U U Ea H O z M [� .00 M U0 4 t` co ,a x U Ot M rI M H }.•I O H d� M O N .r4 IQ ) 'U) r I U 4-t H R+ > w Ei UUl 0, 4 (0 -U .� 41 c = H W U) ao �3 �4 N �4 O q H U U q H g H D .. a w w E En r w N Local Law Continuity of Local Government A LOCAL LAW to provide for the continuity of government of the City of - -Ithaca , New York in the event of an attack or public disaster, BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. INTENT. The New York State Defense Emergency Act, in section twenty-nine-a thereof, authorizes political subdivisions of the state to provide for the continuity of their governments in the event of an actual or imminent ` attack upon the United States by an enemy or foreign nation. The general muni- cipal law, in section sixty thereof, authorizes political subdivisions to provide for the continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the authority contained in such laws this local law is adopted so that on such occasions the government of the City of. Ithaca, New York may continue to function properly and efficiently under emergency circumstances. Section 2. DEFINITIONS. As used in this local law the following terms shall mean and include: a. "ATTACK." Any attack, actual or imminent, or series of attacks by an enemy or foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, she11 fire, or nuclear, radio- logical, chemical, bacteriological, or biological means or other weapons or processes. b. "PUBLIC DISASTER." A disaster, catastrophe or emergency, actual or imminent, of such unusual proportions or extent that (1) a substantial number of residents of the City of Ithaca either sustain injury, become ill, are infected with disease, have their lives imperiled, are killed or die as the result of injury, disease or exposure, or the property of a substantial number of such residents is imperiled, damaged or destroyed, and (2) it is necessary and essential in the interest of public safety, health and welfare that the continuity of the government of the City of Ithaca be assured in order that it be enabled to function properly and efficiently and to exercise its essential powers in meeting emergency conditions. Such disasters, catastrophes and emergencies may include, but shall not be limited to conflagrations, explosions, earthquakes or other convulsions of nature, floods, tidal waves, pestilence, riots, insurrections, storms, prolonged failure of electric power or essential transportation services, or any incident or occurrence which causes or threatens to cause danger to life, health or property from exposure to noxious materials or radiation. C. "ACTING MAYOR." A member of the Common Council who is elected at the organization meeting each year to serve as Acting Mayor of the City in the absence of the Mayor, with all of the powers and duties of the Mayor, who shall serve as such Acting Mayor in the event of an attack or public disaster as defined in subdivisions (a) and (b) of this section. d. "ALTERNATE ACTING MAYOR." Those members of the Common Council duly appointed by the appropriate authority at the organization meeting each year to serve as Mayor with all the Mayor's powers and duties in the absence of the Mayor and the Acting Mayor by reason of attack or public disaster as defined in sub- divisions (a) and (b) of Section two of this local law. e. "DULY AUTHORIZED DEPUTY." A person authorized to perform all the powers and duties of a public office in the event that the office is vacant or at such times as it lacks administration due to the death, absence or disability of the imcunbent officer, where such authorization is provided pursuant to the pro- visions of any general, special, or local law other than this local law. f. "EMERGENCY INTERIM SUCCESSOR." A person designated pursuant to this local law, exclusive of the Acting Mayor and Alternate Acting Mayor as outlined in subdivisions (c) and (d) of this section, for possible temporary succession to the power and duties, but not the office, of a City officer in the event that neither such officer nor any duly authorized deputy is able, due to death, absence from the city or other physical, mental or legal reasons, to perform the powers and duties of the office. Section 3. DESIGNATION, STATUS, QUALIFICATIONS AND TERMS OF DESIGNATION OF EMERGENCY INTERIM SUCCESSORS. a. ELECTIVE OFFICERS. Within thirty days following the effective date of this local law, and thereafter within thirty days after first entering upon the duties of his office, each elective officer, shall in addition to any duly authorized deputy, designate such number of emergency interim successors to the powers and duties of his office and specify their rank in order of succession after any duly authorized deputy so that there will not be less than three duly authorized deputies or emergency interim successors, or combination thereof, to perform the powers and duties of the office. b. APPOINTIVE OFFICERS. Each officer or body of officers empowered by law to appoint officers shall within the time specified in subdivision a. of this section, in addition to any duly authorized deputy designate for each such appointive officer, such number of emergency interim successors to such officers and specify their rank in order of succession after any duly authorized deputies or emergency interim successors, or combination thereof, for each such officer. Where such a body of officers consists of members having overlapping terms, such body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within thirty days after a new member elected or appointed to such body of officers first enters upon the duties of his office as a member of such body of officers . c. REVIEW OF DESIGNATIONS. The incumbent, in the case of those elective officers specified in subdivision a. of this section, and the appointing officer or body of officers specified in subdivision b. of this section, shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three duly authorized deputies or emergency interim successors, or combination thereof, for each elective and appointive officer of the City. d. QUALIFICATIONS. No person shall be designated to, nor serve as, an emergency interim successor unless he is legally qualified to hold the office of tbP person to whose powers and duties he is designated to succeed. e. STATUS OF EMERGENCY INTERIM SUCCESSOR. A person designated as an emergency interim successor shall hold that designation at the pleasure of the designator and such a designation shall remain effective until replaced by another by the authorized designator. f. COMPENSATION. An emergency interim successor shall serve without additional salary, unless otherwise provided by local law. He shall, however, be entitled to reimbursement for actual expenses necessarily incurred in the perfor- mance of his powers and duties. Section 4. ASSUMPTION OF POWERS AND DUTIES OF OFFICER BY EMERGENCY INTERIM SUCCESSOR. If, in the event of an attack or a public disaster, an officer described in subdivision a. or subdivision b. of section three of this local law, or his duly authorized deputy, if any, is unable, due to death, absence from the City, or other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office, shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor, Acting Mayor, Alternate Acting Mayor; shall perform such powers and duties only until such time as the lawful incumbent officer of his duly authorized deputy, if any, resumes the office or under- takes the performance of the powers and duties of the office , as the case may be , or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law. Section 5. RECORDING AND PUBLICATION OF DESIGNATIONS. The name, address and rank in order of succession of each duly authorized deputy or emergency interim successor shall be filed with the City Clerk and each designation, replacement, or change in order of succession of any emergency interim successor, Acting Mayor or Alternate Acting Mayor shall become effective when the designator files with such Clerk the successor's name , address and rank in order of succession. Such Clerk shall keep an up-to-date file of all such data regarding duly authorized deputies, Acting Mayor, Alternate Acting Mayor, and emergency interim successors and the same shall be open to public inspection. The Clerk shall notify in writing each designated person of the filing of his name as an emergency interim successor, Acting Mayor, or -3- Alternate Acting Mayor and his rank in order of succession and also shall notify in writing any person previously designated who is replaced or whose place in order of succession is changed. Section 6. QUALIFICATION FOR TAKING OFFICE. At the time of their designation, or as soon thereafter as possible, emergency interim successors, Acting Mayor, Alternate Acting Mayor, shall take such oath and do such other things, if any, as m,r be required to qualify them to perform the powers and duties of the office to which they may succeed. Section 7. QUORU4 AND VOTE REQUIREMENTS. In the event of an attack or a public disaster the Mayor, Acting Mayor or Alternate Acting Mayor, may suspend quorum requirements for the Common Council. If quorum requirements are suspended, any local law, ordinance, resolution, or other action requiring enactment, adoption or approval by an affirmative vote of a specified proportion of members may be enacted, adopted or approved by the affirmative vote of the specified proportion of those voting thereon. Section 8. SEPARABILITY CLAUSE. If any section, subdivision, sentence, clause, phrase or portion of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the section, sub- division, sentence, clause, phrase, or portion thereof directly involved in the controversy in which such judgement shall have been rendered. Section 9. EFFECTIVE DATE. This local law shall take effect upon its adoption and the filing of one certified copy thereof with the City Clerk,one certified copy in the office of the State Comptroller and three certified copies in the office of the Secretary of State. I r I LOCAL LAW PRESENTED BY CHARTER AND ORDINANCE; COMMITTEE COMMON CObJ CIL MEETING MAY 6, 1970 A LOCAL LAW to provide for the amending of City Charter to delete therefrom provisions relating to assessment functions. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. WHEREAS, after a referendum of the residents of the City of Ithaca there has been created a Tompkins County Assessment Department within the County Government and it is performing the assessment functions and duties within the City of Ithaca, and it is desired by the Common Council to eliminate from the City Charter those provisions relating to assessments. SECTION 2. IT IS HEREBY DELETED from the City Charter the following: Section 2-1: "an assessor, a deputy assessor, two associate assessors," Section 2-16: in its entirety Section 2-17: in its entirety Section 2-18: in its entirety Section 2-26(3) in its entirety Section 2-29: in its entirety SECTION 3. This Local Law shall take effect upon its adoption, and the filing of the necessary papers with the Secretary of State. RESOLUTION TO AMEND CITY CODE ELIMINATE REFERENCE TO THE ASSESSOR BE IT RESOLVED AND ORDAINED, by this Common Council that SECTIOii 8-10 of the City Code of Ordinances be and the same is hereby deleted. 280, -8- may 6, 197 Alderman Boronkay presented another proposed Local Law to amend the City Charter by deleting therefrom certain sections relating to assessments. By Alderman Boronkay: seconded by Alderman Nordheimer RESOLVED, that the proposed Local Law be received and laid on the table for action at a subsequent meeting. Carried. CODE AMENDMENT #3 - 1970: By Alderman Boronkay: seconded by Alderman Jones BE IT ORDAINED by the Common Council of the City of Ithaca, New York and it hereby is ordained by authority of the same that Chapter 8, Article 1, Section 8-10, Deputy City Assessor, of the Code of Ordinances be and it hereby is deleted in its entirety. Effective upon publication. j AYES: 14 NAYS: 0 Carried and approved by the Mayor. CODE AMENDMENT #4 - 1970: Attorney Weinstein recommended amendment of the first paragraph of Sec. 15-117 of the Code for purposes of clarification. By Alderman Boronkay: seconded by Alderman Jones BE IT ORDAINED by the Common Council of the City of Ithaca, Aew York, and it hereby is ordained by authority of the same that Chapter 15 , Article V, Section 15-117, All-night parking in metered zones, be and it hereby is amended by deleting therefrom the first �. paragraph and substituting therefor the following: "No person shall park a vehicle in any metered zone on any street for a period of time longer than 15 minutes between the hours of 2 a.m. and 5 a.m. of any day, U except physicians on emergency call." This section shall not apply to the following metered zones which shall be regulated under Section 15-124 of the Ithaca Code. Effective upon publication. AYES: 14 NAYS: 0 Carried and approved by the Mayor. L CODE AMENDMENT #5-1970: In response to a request from the Board of Public Works to estab- lish a speed limit for Park Road the following action was taken: By Alderman Boronkay: seconded by Alderman Nordheimer BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15 , Article IV, Section 15- '79, speed laws applicable, be and it hereby is amended by deleting from paragraph (b) then eof the following: Taughannock Blvd. : From the north city line southerly to point fifty (50) feet north of the Lehigh Valley railroad spur crossing said boulevard to the Barge Canal Terminal, thirty-five (35) miles per hour." Effective upon publication. AYES: 14 NAYS: 0 Carried and approved by the Mayor. v' SOUTH AURORA STREET RAILROAD CROSSING: By Alderman Boronkay: seconded by Alderman Jones WHEREAS, it has been determined by the staff of the City of Ithaca that the Railroad Crossing on South Aurora Street in the City of Ithaca represents a hazard to highway safety and, WHEREAS, studies made by the Board of Public Works and the Common Council of the City of Ithaca have indicated that said Railroad Crossing has in the past or may in the future endanger lives and property of motorists and trucks traveling on said South Aurora Street in the City of Ithaca and, WHEREAS, the opinion of this Council is said Railroad Crossing presents a clear and present danger to public safety, NOW THEREFORE BE IT RESOLVED, that this Common Council authorizes and directs the Mayor to file a petition with the Public Service Commission of the State of New York for the elimination of the Railroad Grade Crossing on South 1,urora Street in the City. of Ithaca. Carried. DOG CENSUS: Alderman Sullivan recommended action be taken to provide for taking census by enumerators instead of members of the police department as required by law. ' By Alderman Sullivan: seconded by Alderman Saccucci j RESOLVED, that the Common Council of the City of Ithaca, New York, hereby elects to cause the dog census for the year 1971 to be made by enumerators instead of its police depart- ment during the month of October 1970; and that the City Clerk be directed to file a certified copy of this resolution with N.Y.S. Dept. of Agriculture and Markets, Albany, New York on or before June 1, 1970• Carried. -9- May 6, 19' 0 POLICE COMMISSION: Alderman Sullivan recommended renewed study of the formation of a three-man Police Commission to replace the present Police Commissioner. The matter was left with the Public Safety Committee to review it with the Charter & Ordinance Committee and present it in final form. STANDARDIZATION OF PARKING METERS: Alderman Robinson reported the Board of Public Works had requested the Council to again standardize the Park-O-Meters as the standard type of parking meter to be used in the City during the year 1970. By Alderman Robinson: seconded by Alderman Bangs WHEREAS, this Common Council has been requested by the Board of Public Works to standardize the Park-O--Meter as the type of parking meter to be used in the City of Ithaca and to authorize the Board to advertise for bids on and purchase meters of this type in such quantities as there are funds appropriated for that purpose in 1970, and I WHEREAS, the price to be determined from such bids shall also determine the price to be paid for any and all such meters throughout the balance of 1970, and WHEREAS, it is deemed to be in the best interest of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons: 1) There are 1239 parking meters currently being used on city streets and in municipal parking lots . 2) The investment in a stock of parts that will have to be maintained for servicing one standard type of meter will be less than if the city is required to service several different types of meters. 3) The expense of servicing one type of meter when compared with servicing several different types will be much less . NOW THEREFORE BE IT RESOLVED, that, pursuant to subdivision 5 of section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca, New York, hereby authorizes the standardization of Park-O-Meter as manufactured be the Rockwell Manufacturing Co. , as the type of parking meter to be used in the City of Ithaca; and that the Board of Public Works be authorized to advertise for bids thereon during 1970; and that said Board be authorized to include such limitation in its advertisement for bids thereon. AYES: 14 NAYS: 0 Carried and approved by the Mayor. JOHN STONE APPOINTMENT: Alderman Slattery reported that John D. Stone who had been serving provisionally as a Youth Worker had passed a civil service examination for the position app presented a recommendation of the Youth Bureau Advisory Board that he be given a permanen' appointment. By Alderman Slattery: seconded by Alderman Bangs `= RESOLVED, that John D. Stone be permanently appointed to the position of Youth Worker in the Youth Bureau at an annual salary of $7,416.00, the minimum of grade 32 in the Compen- sation Plan; that his appointment shall be subject to the usual probationary term; and that it shall become effective May 11, 1970• Carried. v MRS. CONSTANCE TAVELLI - LEAVE: The Youth Bureau Board recommended that Mrs. Constance Tavelli, Secretary of the Youth Bureau, be granted a maternity leave-of-absence commencing on June 1, 1970. By Alderman Slattery: seconded by Alderman Nichols RESOLVED, that Mrs. Constance Tavelli be granted a six-months maternity leave-of-absence , beginning June 1, 1970 and ending December 1, 1970, as recommended by the Youth Bureau. Carried. SUMMER RECREATION PROGRAMS: Alderman Slattery presented a petition by a group of local residents asking the Council to investigate and guarantee adequate facilities for the summer baseball and softball programs in the City. The petitioners felt there should be unlimited access to existing and future playing fields under the City's jurisdiction. The petition contained 207 signatures . By Alderman Slattery: seconded by Alderman Robinson RESOLVED, that the Council endorses the requests of the petitioners . Carried. TEEN-AGE GIRLS' PROGRAMS: Alderman Slattery advised that the Youth Bureau's brochure had: information relating to all its summer programs and that about three quarters of the pro- grams were open to both boys and girls between the ages of five and nine. ✓YOUTH BUREAU QUARTERS: Alderman Slattery read a letter from the Youth Bureau Director requesting the Council to allow the Youth Bureau to expand its programs into the unoccu- pied space in the north wing of the Community Service Building. By Alderman Slattery: seconded by Alderman Nichols RESOLVED, that the Youth Bureau's request be approved. Carried. 2 -10- may URBA14 RENEWAL: REPORT: Urban Renewal Director Daley presented a brief progress report ors Urban Renewal ma''ters . He felt that final plans for development of South Cayuga Street block 99 would soon be ready for presentation to the Agency. He recommended that the Council hold a special meeting on May 27th at which time a public hearing as required by law could be held on the proposed development of this block. By Alderman Rundle : seconded by Alderman Nichols RESOLVED, tha':, the Mayor be requested to call a special meeting of the Common Council on May 27th to discuss development of Urban Renewal Blcck 99 and hold a hearing thereon if one could be prr-pe rly scheduled as required by law. Carried. RU11-AWAY MINORS: Alderman Saccucci wondered if an ordinance could be adopted whereby public bus transportation, companies could be required to have minor children present written evidence of parental consent before selling them a bus ticket transporting them to another city. Attorney Weinstein advised this type of an ordinance would be improper. BUDGETARY PROCEDURES: By Alderman. Nordheimer: seconded by Alderman Robinson L WHEREAS, in the interest of the orderly administration of the City of Ithaca and the proper financial administration of and the appropriation for the operation of this City Government it is deemed desirable to change budgetary system of the City of Ithaca by eliminating the so-called tentative budget, �. NOW THEREFORE BE IT RESOLVED, that the Finance Committee of the Common Council present to this Common Council at the earliest possible date a resolution eliminating the so-called ;a tentative budget and adopting during the month of December a final budget for the fiscal year, AND BE IT FURTHER RESOLVED, that said Finance Committee include a recommendation as to the date of tax collection. Carried. SOUTH AURORA STREET - NO-PASSING ZONE: Alderman Jones recommended the establishment of a v no-passing zone on South Aurora Street in an area adjacent to the new South Hill School.. By Alderman Jones : seconded by Alderman Boronkey WHEREAS, it is the opinion of the Cocoon Council that traffic upon South Aurora Street within the City of Ithaca presents hazards to the crossing of school children attending the South Hill School, and WHEREAS, the passing by autos and trucks and other vehicles increase this hazard, NOW THEREFORE BE IT RESOLVED, that this Common Council does request the Board of Public Works to take the necessary steps to establish a No-Passing-Zone on South Aurora Street within the vicinity of the South Hill School. Carried. ZONING VIOLATION - 2nd WARD: Alderman Slattery called attention to a continuing zoning violation which had existed in the second ward for a long time and which the Building Commissioner had been unable to correct. After some discussion the matter was referred to the Building Commissioner with a request he consult the City Attorney and take proper legal steps to have the violation abated as soon as possible. STANDING COMMITTEES: Mayor Johns announced his appointment of Wilmer J. Andrews to fill vacancies on the Public Safety and Urban Renewal Committees caused by the resignation of John F. Blanchard. TOMPKINS COUNTY SEWER AGENCY: Alderman Nordheimer reported that action had been taken recently by Tompkins County Board of Representatives to terminate membership on the Tompkins County Sewer Agency and recreate the Agency to include two City representatives to be apponnted by the Council. He felt this move would help clarify who were members of the Agency as well as provide definite terms of office for its members . By Alderman Feldt: seconded by Alderman Nichols RESOLVED, that the County's request for City representation .on Tompkins County Sewer Agency be referred to the Public Works & County Relations Committee for study and report. Carried. i T014PKINS COUNTY SOCIAL PLANNING COUNCIL MEETING: Alderman Slattery reported receipt of a request that the City be represented at a meeting of Tompkins County Social Planning Council to be held on May 21, 1970• By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the Mayor be authorized and directed to appoint two aldermen to represent the City at the meeting as requested. Carried. On motion the meeting was adjourned at 12:15 a.m. Geo. '_ Blean, City Clerk Hunni. Johns, Mayor 6 ` COMMON COUNCIL PROCEEDINGS City of Ithaca, New York REGULAR MEETING 7:30 p.m. June 3, 1970 PRESENT: Mayor - Johns Aldermen (14) - Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Bangs , Andrews, Feldt, Robinson, Slattery, Saccucci, Sullivan, Conley OTHERS PRESENT: Attorney - Weinstein Controller - Russell Chief of Police - VanOstrand Asst. Controller - Spano Youth Bureau Director - Cutia Clerk - Blean Planning Director - Kasprzak Deputy Clerk -- Grey All. present stood and were led by the Mayor in a Pledge of Allegiance to the American Flag` MINUTES: Minutes of the preceding meeting were approved as recorded by the Clerk. AB,ViDONED VEHICLES: The Clerk read a letter from the Chamber of Commerce advising that Mr. Robert Bartholf, proprietor of Autosalvage of Ithaca, Inc. , would allow any municipality to deposit abandoned vehicles in his lot on the Hornbrook Road in Danby. The Clerk was directed to convey the thanks of members of the Council to Mr. Bartholf for his offer and the matter was referred to the Board of Public Works for its information. SIGNS: The Clerk read a memorandum for the Board of Zoning Appeals recommending that the Council consider the feasibility of taxing signs erected on property on a square footage basis or having them assessed with the building. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED, that the recommendation be referred to the Charter & Ordinance Cola ittee for study and report. Carried. ' JONATHAN C. MEIGS APPOINTMENT: The Clerk read a letter from the Planning Board advising that Jonathan C. Meigs , who had been serving in a provisional capacity as Asst. City Planner, had passed a civil service examination for his position. It recommended his permanent appointment. By Alderman Conley: seconded by Alderman Nichols RESOLVED, that Jonathan C. Meigs be permanently appointed to the position of Assistant j City Planner at an annual salary of $9,634.00, the third increment of Grade 36 in the Compensation Plan, that his appointment be effective as of May 27, 1970; and that it shall. .._ be subject to the usual probational period. Carried. c JOHN HRANEK - FIRE COMMISSIONER: Mayor Johns announced his appointment of John P. Hranek, 520 Linn Street, as a Fire Commissioner for a term of hhree years to succeed Arthur Cleaveland whose term will expire on June 30, 1970. He requested approval of his appoint- ment. By Alderman Sullivan: seconded by Alderman Bangs RESOLVED, that the Mayor's appointment of John P. Hranek as a Fire Commissioner for a three- year term commencing on July 1, 1970 and ending on June 30, 1973, be approved and confirmed. Carried. T. K. POWERS APPOINTMENT: Mayor Johns announced his appointment of Truman K. Powers, 201 East Yates Street, as a member of the Civil Service Commission to succeed himself for a six-year term ending June 1, 1976. CAPITAL IMPROVEMENTS REVIEW COMMITTEE: Mayor Johns announced his appointment of members of the Capital Improvements Review Committee for a term of one year each, ending June 1, 1971, as follows : Council Representative - Mrs. Anne Jones Bd. of Public Works Representatives - Arthur J. Golder and William S. Downing, Jr. Planning Board Representative - Richard M. Putney and Henry E. Doney 1 He requested Council approve}, of these appointments. By Alderman Nichols: seconded by Alderman Sullivan RESOLVED, that the Mayor's appointment of all members of the Capital Improvements Review Committee for the year ending June 1, 1971, be approved and confirmed. Carried. EAGLES BUILDING LEASE: Attorney Weinstein reported he expected a compromise settlement soon in the dispute between the City and T. G. Millers Sons' Paper Company regarding lease of the former Eagles Building. p.F. 11,12 l -2- June 3, 1970 COUNTY WATER AGENCY - SEWER AGENCY: Mayor Johns recommended the appointment of Wilmer J. Andres an,l Carl J. Yengo as members of the newly created Tompkins County Water Agency to represent the C._ty. It was moved by Alderman Barge;, -,id se^onded. by Alderman Sullivan that the Mayor's recom- mendaticn be app_ oved. During a discussion Alderman Nordheimer questioned Comm. Yengo's record of attendance at meetings. Alderman Feldt felt tre Council should have the opportunity to present nominations for appointment to the Agenc,,•. Alderman Robirson called attention to the minutes of the last meeting wh`_ch ind;_c^ted the matter had been referred to the Public Works & County Relations Ccmm:tttie, Alderman Nichols then presented the names of Aldermen Robinson and Feldt for ap3oi: tmrn` to '.')oth Agencies a::d recommended the appointment of Mr. Kasprzak, - DT-rector of P`..rnning, a: a remoer ex-off=cio of the Water Agency, Alderman Feldt declined the nominat oz and A1_de ,mar_ Su?1ivan was then nominated in his place. Alderman Andrei,-s asked that his mane be ti-ithd._-a.,n 'aut la'cr agree-0 to remain as e nominee at the Mayor's request. T., was agreed that the potion to ^pprove the lvlayorls recommendation constituted nomination. of Alderman Pndrews and roar:. Y�rgo It was also agreed that the same two to be s,l'cted frog: tre four^ ncminatod _. Alderman 2ndrewr _ Robinson, Sullivan and Comm. Yengo- should be recommerded for ao-oointment to both the Water Agen cy and the Sewer Agency and that an ex-officio member to '_he Water Agenc-r be then selected. By Alderman Noreheimer: seconded by Alderman Robinson RESOLVED, that a voice--vote be taken by asking each Alderman to choose two from the four �.. nominated. The Clerk polled the Aldermen which resulted as Follows : CG Alderman Sullivan - 10 votes ` Alderman Robinson - 11 votes Alderman. Andrews - 4 votes Comm. Yengo - 3 votes Aldermen Sullivan and Robinson were therefore declared as the Council's choice for members Sof both the County Water Agency and the County Sewer Agency to represent the City. '_?wyor Johns then recommended the appointment of Vincent P. Hannan, Asst. Supt. of Public Works, as a member ex-officio of the County Water Agency. By Alderman Bangs : seconded by Alderman Slattery RESOLVED; that the Mayor's recommendation that Vincent P. Hannan be recommendedfbr appoint- ment as a member ex-officio of the County Water Agency be approved. AYES: 9-Boronkay, Spano,. Rundle, Bangs, Andrews, Slattery, Saccucci, Sullivan, Conley I NAYS: 5-Jones, Nichols, Nordheimer, Robinson, Feldt Carried. MCGRAW HOUSING PROJECT: Attorney Weinstein reported that the Council had approved the McGraw Housing Project on April 30, 1.969, subject to an agreement between the City and the Ladies Union Benevolent Society but that a search of the records indicated the agreement referred to had never been executed. Mayor Johns felt that the project had been presented as being for low--income people whereas in the meantime , rents had been raised from $75.00 to $190.00 according to the news media He felt the Council should rescind its action since the agreement had never been executed and that the property should be placed on the Tax Roll - otherwise, City taxpayers would lose approximately $100,000.00 per year in tax revenues. KENILWORTH: Attorney Weinstein reported th^.t {^. .11-Vorth Co. and Groff Associates had filed a suit against the City to compel it to serve its proposed development on the Ellis Hollow Road, outside the city limits, with water and seer services. W. BUFFALO STREET RTS/WAY: Attorney Weinstein reported he expected a closing within the next week for the final property on West Buffalo Street needed as a right-of-way for ex- tension of this street to State Street. Mayor Johns recommended that any property not needed for street purposes in this area be sold and returned to the Tax Roll. ELM STREET HOUSING PROJECT: Controller Russell presented a recommended method of financing the City's cost of site improvements at the Elm Street housing project, sponsored by NYS ? UDC, (see copy attached to minutes) . The total estimated cost of $154,000.00 was discussed. Some felt this might not be sufficient and that the City would be required to furnish more later in such an event.. During the discussion, David Abbott, developer, was questioned and he gave his opinion that any cost in excess of $154,000.00 would have to cane from the "bricks and mortar" cost of the project. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the method of financing the public improvements at the Elm Street Housing Development Site , as proposed by the City Controller, be and hereby is approved; and that the Controller be and hereby is authorized to engage the services of the City's Bonding Attorneys to prepare a Bond Resolutior_ to provide for said financing. AYES: 14 NAYS: C, Carried J ry -3- June 3, 1970 TAX MILL EXPUIiGED: The Controller recommended that a tax bill in the amount of $116.25 levied agair.s; the property located at 1002 West State Street be expunged because the property had recently been purchased by the City. Ey Alderman Eandle: secc:zded by Alderman Bangs RESOLVED, that a 1970 city tax bill in the amount of $116.25 , levied against the property located at 1002 We.3t S-�,ate Strut, be expunged as recommended by the City Controller. Carried. BELL,, HOWELL SERVICE AGREFMENT: The Controller presented for approval an agreement with, Bell & Howell Company c-�vering maintF:n-ince �.)f a copying machine located in the Police Department fo_° the totes'_ sum of $ 25 .00 per year. By Alderman Rundle: second.d by Alderman Jones p"°n RESOLVED, that a ser-iice contract With Bell & Hoirell in the amount of $125.00 for the copyi, machine in t?ie Police Departnen ; be approved, effective May 8, 1970, and that the Mayor ands,,,, City Clerk be authorizeC to sign and ex-:cute it on behalf of the City under its Corporate Seal. Carried. TRANSFERS OF APPROI-KAT.-ONS: The Cont.-oll,:r presented and reviewed the following list of transfers, recommended by t:)e Finance Committee, which were based upon recommendations or requests filed by the Board of Public Works : AMOUNT $200.00 FROM Account F262-418-Filter Plant - Equipment Maintenance TO Account F262-433-Filter Plant - Travel & Mileage PURPOSE To provide funds for Donald Terrell, Chief Operator to attend American Water Works Association Conference AMOUNT $6,300.00 FROM General Fund Contingent Account TO Account A-111-101 Storm Sewer Personal Services $3,300 -413 Equipment Rental 1,500 -314 Construction Material & Supply 1,500 PURPOSE . : Storm Sewer Construction requested by Wilcox ( 2,000 ) and Hull ( 3,000 ) . All costs returnable to City by owners. Projects not definite at Final Budget time. * * AMOUNT $3,800.00 FROM General Fund Contingent Account TO : Acc'ouht A-74B Community Service Building - Property Maintenance PURPOSE Provide for new roof AMOUNT $100.00 FROM Account G113-433 - Sewer Plant - Travel TO Account G113-418 Sewer Plant'- Equipment Maintenance PURPOSE Estimated cost of repairs to Climax Gas Engine at Sewer Plant was too low 4******* By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the transfers of funds be and they hereby are approved in 'accordance with the foregoing schedule , as recommended by the Finance Committee. AYES: 14 NAYS: 0 Carried. Alderman Rundle reported the Board had requested other transfers as follows: 1. Transfer of $900.00 from a supply to an equipment account to finance the purchase of two paving breakers. 2. Transfer of $655.00 from a supply to an equipment account to finance the purchase of another paving breaker. 3. Transfer of $2,000.00 to Refuse & Disposal budget to hire equipment for dump work in- cluding trash disposal as per original budget request. i He requested an opinion from the City Attorney whether or not the first two items should be, advertised for bids. Attorney Weinstein Rnswered in the affirmative. He felt the Committe „ needed additional information M these items and the fact that the third item might be pro- vided from existing funds someplace else in the budget. By Alderman Rundle : seconded by Alderman Nichols RESOLVED, that the Superintendent's request for purchase of a vacuum cleaner at the Filtra- tion Plant be approved; and that this item be added to the equipment schedule in the 1970 Budget. Recommended Method of Financing West Hill Housing Project ':.15 .5ic 23.9% lo Year 1 seneral Water Sewer Principal Inter. Ayment Fund Fund 1 7") 700 3,752 52 7 ,)G 700 10,284 1,664 136,U00 i 2 15 ,280 10,008 3,G 52 1,E2v T'000 8,280 131,000 1()T3 14,860 9,733 3,"5 1,;77 7,000 7,860 124,000 ii)74 14,440 9,458 3,451 1,531 7,000 7,440 -17,000 5 14,020 9,183 3,351 -3486 7,000 7,020 -.2o,coo i976 13,600 8,908 3,250 1,442 7,000 6,600 1977 13'180 8,633 3,150 1,397 7,000 6,160 C(."C, -'978 12 ,760 8,357 3,050 1,353 7 ,000 5 ,760 ,,0o0 2,949 1 308, 7,OOC� .')79 12,340 8,083 5 ,340 A. 0 11,920 7,807 2,849 1,264 7-000 4,920 I 81 11,500 7,532 2 ,749 1,21,) 7,000 4,500 ::,000 1. �2 11,080 7,258 2,648 1,174 7'000 4,080 c1,000 a.-J83 10,660 6,982 2,548 1 ,i 3G' oo C 3,66o 54,000 1984 10,24o 6,7o6 2,447 1,085 '00` 3,24o 47,000 1985 9,81210 6,432 2,347 1,041 7,O0G 2,820 40,000 1986 10,400 6,812 2,486 1,102 8,000 2,400 32,000 -2,917 9,920 6,497 2,371 1,052 8,000 1,920 :14,000 x)88 9,440 6,184 2,256 1,000 8'000 11,440 16,000 989 8,960 5,869 2,141 950 6'000 960 8,000 )90 6,480 5,554 2,027 899 1- '!')00 480 -0- TOTALS 238,600 1562282 57,026 25,292 1145,000 93,600 Total Estimated Cost of Project 154,000 Down Payment from Cap. Res. #9 Municipal Bldgs. & Properties - 9,000 BALANCE TO BE BONDED 145,000 P SUT-114ARY OF ESTIMATED REVENUES & A2•tOFTI17 ATION FROM CITY PARTICIPATION IN W. HILL HOU:'ING PROJECT r GENERAL WATER SEWER TOTAL ��tET7UES; FUND FUND FU1JL ESTIMATED TAX REVENUE: : 17,500 per year x 20 yrs . =•-' 50,000 Receiving $3000 per yr x 20 yrs . = 60,000 Net Gain in Tax Revenue 290 ,100.00 290.000.00 ESTIMATED WATER REVENUE: Minimum per Qtr. $5.16 x 4 = 20.64 per unit 233 Units x $20.64 = $4,809.12 per year $4,809.12 x 20 years = 911- 1182.4c, ESTIMATED SEWER REVENUE: Minimum per Qtr. $5.04 x 4 = 20.16 per Unit 233 Units x 20,16 = $4,697.28 per year $4,697.28 x 20 years = 9 ,945.60 93,945.60 TOTAL REVENUES 290,000.00 96 ,182.40 93,945 .60 480,128,00 AMORTIZATION: 156,282.00 57,026.00 25 ,292.O0 238,600.00 Net Gain Over 20 years 133,718.00 39,156.40 68,653.60 241,528.00 9 A.Ldoehttw 1ldbbam ob jeetod since he 414JU 1 th4 V90%tV s cleaner had been purchased vitho k� proper authorization and referred to Sec. 5-48 of the Chart-r, a matters. After some further discussion, a rol call -Nrote on the matter result,,. a AYES: 12 NAYS: 2 - Robinson, Feldt Car_ied, FIRE PUMPER: Controller Russell reviewed the need for an additional pu;_^per in the Fin., Department and the Fire Chief's efforts in negotiating for the ourch-,se of Pumper. By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the Fire Department's equipment schedule in the 1970 budget be —y:r, z +:_, y include a 1947 Seagrave 1,000 gallon pumper. Car-`J- PAVING BREAKERS : Discussion regarding the paving breakers was reopened dua to the t the first paving breakers had already been purchased and plac-�d fr. us::. ,,ttorn,�,r ruled the first ones could be purchased without bid but tha', th,� third one wo, -d rp:-s to be bid since it brought the total amount for the three to o--e_ 1, )G , 'C!, mhe o_•trc'_ e %moadvised the first two had been purchased from a supply rather a.�. that a purchase order had been issued mistakenly for their ~)r.rcha.s,_ '_gut th_ .t he had to approve a purchase order for the t1.ird one when he discovered this fact. A. i nte_n'.ve discussion ensued resulting in Alderman Rundle requesting a five-minute .recess to deter m_ne a course of action. The Mayor recessed the meeting at 9:05 p.m. for this purpose. At the end of five minutes, the Mayor again called the meeting to order. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the total sum of $1,555.00 be transferred within Buc9get _� cr7c_-.t k7l' - ' Maintenance- as follows : From Account #314, materials and supplies, to Account #250, other equipment., to pay- fo_ fs the cost of two paving breakers already purchased and finance the purchase olf a third one to be purchased through competitive bidding. Alderman Robinson objected because of the purchase being made in violation of establ�ishul purchasing procedures. Alderman Nordheimer opposed the transfer from supplies to equip-a^--,t but more importantly- putting it through in a possibly deceptive manner to avo=_d AYES: 5 - Rundle, Bangs, Sullivan, Conley, Feldt NAYS: 9 - Boronkay, Jones, Nichols, Nordheimer, Spano, Andrevs, Robinson, Sla±tnnr. Motion ne f:s a,t,�11. VEHICLE STORAGE FACILITY: Alderman Rundle reported the Community Facilit •es & Sa: is Committee of the Planning Board opposed the proposed site (Th=rd St. Storage Yard fDr e, vehicle storage facility for the Construction & Maintenance Division of the ?dept. Dr orks for the following reasons: The highest and the best use of this property is for water-oriented commerc7_=..i-•r ^�� ational type business; such as boat rental, boat yard, restaurant, boatel. mau.^_ne and repair or marine provisions. 2. It is incompatible with uses of the Inlet recreational complex. 3. It is the Committee's opinion that it would be financially more beneficial to the Ci'-,:!. to sell or lease this property for above marine-oriented uses. Such sale or lease should include conditions to assure development of the types of uses suggested s',^ve. The Committee feels that this property is readily marketable for the suggested uses. 4. Accordingly the Committee recommends acquisition, by direct purchase or by eminent domain, of another site. We suggest that the area south of Clinton Street is appropriate. In acquiring this property the City should consider acquiring suffic_: nt land to acenrime-1.a.+,e any expansion in the foreseeable future. By Alderman Rundle : seconded by Alderman Jones RESOLVED, that the matter be referred to the Board of Public Works, TOURIST PUBLICATIONS: Alderman Rundle read a letter from the local Chamber of Commerce requesting the City to appropriate an additional $450.00 to help the Chamber fir. the r.crsw=^d cost of publishing tourist publications and services , including the Summer-Ithaca calcnd.a.r, He read a letter from Summer-Ithaca urging approval of the Chamber's request. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the request received from the Chamber be denied. Carried. TRANSFER - CITY ATTORNEY'S REQUEST: The Controller recommended a transfer within the Ci+.,-r Attorney's budget to finance -the purchase of a dictating machine, By Alderman Rundle: seconded by Alderman Robinson SOLVED, that the sum of $16.00 be transferred within Budget. Acc.^unt City Attorney as ollcws: From Account 443, travel & mileage, to Account 220, office equipment AYES: 14 NAYS: 0 Carried. LOCAL LAW--CONTINUITY OF GOV1I42: Alderman Boronkay recommended -�,dontion of I:�ca.l Lm-7- to } provide for continuity of local government in the event of an attack or public disaster which h,40 been nctiv @d Puld laid @R the table at the last meeting,. it was anted upon as follows? Local Law Continuity of Local Government A LOCAL LAW to provide for the continuity of government of the City of --- Ithcca #. New York in the event of an attack or public disaster, BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1. INTENT. The New York State Defense Emergency Act, in section twenty-nine-a thereof, authorizes political subdivisions of the state to provide for the continuity of their governments in the event of an actual or imminent attack upon the United States by an enemy or foreign nation. The general muni- cipal law, in section sixty thereof, authorizes political subdivisions to provide for the continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the authority contained in such laws this local law is adopted so that on such occasions the government of the City of. Ithaca, New York may continue to function properly and efficiently under emergency circumstances. Section 2. DEFINITIONS. As used in this local law the following terms shall mean and include: a. "ATTACK." Any attack, actual or imminent, or series of attacks by an enemy or foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs , shall fire, or nuclear, radio- logical, chemical, bacteriological, or biological means or other weapons or processes. b. "PUBLIC DISASTER." A disaster, catastrophe or emergency, actual or imminent, of such unusual proportions or extent that (1) a substantial number of residents of the City of Ithaca either sustain injury, become ill, are infected with disease, have their lives impari.led, are ?;.filled or die as the result of injury, disease or exposure, or the property of a substantial number of such residents is imperi� d, damaged or destroyed, and (2) it is necessary and essential in the interest of public safety, health a nd welfare that the continuity of the government of the City of Ithaca be assured in order that it be enabled to function properly and efficiently and to exercise its essential powers in meeting emergency conditions. Such disasters, catastrophes and emergencies may include, but shall not ba limited to conflagrations, explosions, earthquakes or other convulsions of nature, floods, tidal waves, pestilence, riots, insurrections, storms, prolonged failure of electric power or essential transportation services, or any incident or occurrence which causes or threatens to cause danger to life, health or property from exposure to noxious materials or radiation. C. "ACTING 11:YCR." A member of the Common Council who is elected at the organization meeting each year to serve as Acting Mayor of the City in the absence of the Mayor, with all of the powers and duties of the Mayor, who shall serve as such Acting Mayor in the event of an attack or public disaster as defined in subdivisions (a) and (b) of this section. d. "ALTERNATE ACTING MAYOR." Those members of the Common Council duly appointed by the appropriate authority at the organization meeting each year to serve as Mayor with all the Mayor's powers and duties in the absence of the Mayor and the Acting Mayor by reason of attack or public disaster as defined in sub- divisions (a) and (b) of Section two of this local law. e. "DULY AUTHORIZED DEPUTY." A person authorized to perform all the powers and duties of a public office in the event that the office is vacant or at such times as it lacks administration due to the death, absence or disability of the imcumbent officer, where such authorization is provided pursuant to the pro- visions of any general, special, or local law other than this local law. f. "EMERCFXCY INTERIM SUCCESSOR." A person designated pursuant to this local law, exclusive of the Acting Mayor and Alternate Acting.Mayor as outlined in subdivisions (c) and (d) of this section, for possible temporary succession to the power and duties, but not the office, of a City officer in the event that neither such officer nor any duly authorized deputy is able, due to death, absence from the city or other physical, mental or legal reasons, to perform the powers and duties of the office. 1. EMERGENCY INTERIM SUCCESSORS. a. ELECTIVE OFFICERS. Within thirty days following the effective date of this local law, and thereafter within thirty days after first entering upon the duties of his office, each elective officer, shall in addition to any duly authorized deputy, designate such number of emergency interim successors to the powers and duties of his office and specify their rank in order of succession after any duly authorized deputy so that there will not be less than three duly authorized deputies or emergency interim successors, or combination thereof, to perform the powers and duties of the office. b, APPOINTIVE OFFICERS. Each officer or body of officers empowered by law to appoint officers shall within the time specified in subdivision a. of this section, in addition to any duly authorized deputy designate for each such appointive officer, such number of emergency interim successors to such officers and specify their rank in order of succession after any duly authorized deputies or emergency interim successors, or combination thereof, for each such officer. Where such a body of officers consists of merubers having overlappipg terms, such body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within thirty days after a new member elected or appointed to such body of officers first enters upon the duties of his office as a member of such body of officers . c. REVIEW OF DESIGNATIONS. The incumbent, in the case of those elective officers specified in subdivision a. of this section, and the appointing officer or body of officers specified in subdivision b. of this section, shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three duly authorized deputies or emergency interim successors, or combination thereof, for each elective and appointive officer of the City. d. QUALIFICATIONS. No person shall be designated to, nor serve as, an emergency interim successor unless he is legally qualified to hold the office of the person to whose powers and duties he is designated to succeed. e. STATUS OF EMERGENCY INTERIM SUCCESSOR. A person designated as an emergency interim successor shall hold that designation at the pleasure of the designator and such a designation shall remain effective until replaced by another by the authorized designator. f. COMPENSATION. An emergency interim successor shall serve without additional salary, unless otherwise provided by local law. He shall, however, be entitled to reimbursement for actual expenses necessarily incurred in the perfor- mance of his powers and duties . Section 4. ASSUMPTION OF POWERS AND DUTIES OF OFFICER BY EMERGENCY INTERIM SUCCESSOR. If, in the event of an attack or a public disaster, an officer described in subdivision a. or subdivision b. of section three of this local law, or his duly authorized deputy, if any, is unable, due to death, absence from the City, or other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office, shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor, Acting Mayor, Alternate Acting Mayor; shall perform such powers and duties only until such time as the lawful incumbent officer of his duly authorized deputy, if any, resumes the office or under- takes the performance of the powers and duties of the office , as the case may be , or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law. Section 5• RECORDING AND PUBLICATION OF DESIGNATIONS. The name , address and rank in order of succession of each duly authorized deputy or emergency interim <, successor shall be filed with the City Clerk and each designation, replacement, or change in order of succession of any emergency interim successor, Acting Mayor or Alternate Acting Mayor shall become effective when the designator files with such Clerk the successor's name , address and rank in order of succession. Such Clerk shall keep an up-to-date file of all such data regarding duly authorized deputies, Acting Mayor, Alternate Acting Mayor, and emergency interim successors and the same shall be open to public inspection. The Clerk shall notify in writing each designated person of the filing of his name as an emergency interim successor, Acting Mayor, or �J Rome $I 00M 1:.1ternate Acting Mayor and his rank in order of succession and also shall notify in writing <:ny person previously designated who is replaced or whose place in order of succession is changed. Section 6. QUALIFICATION FOR TAKING OFFICE. At the time of their designation, or as soon thereafter as possible , emergency interim successors, Acting Mayor, Alternate Acting ',Mayor, shall take such oath and do such other things, if any, as may be required to qualify them to perform the powers and duties of the office to which they may succeed. Section 7. QUORUM AND VOLE REQUIREIvENTS. In the event of an attack or a public di- saster the MsLyor, Acting Mayor or Alternate Acting Mayor, may suspend quorum requirements for the Common Council. if quorum requirements are suspended, any local law, ordinance, resolution, or other action requiring enactment, adoption or approval by an affirmative vote of a specified proportion of members may be enacted, adopted or approved by the affir- mative vote of the specified proportion of those voting thereon. Section 8. SEPARABILITY CLAUSE. If any section, subdivision, sentence , clause , phra. or portion of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the section, subdivision, sentence , clause , phrase, or portion thereof directly involved in the controversy in which such judgement shall have been rendered. Section 9. EFFECTIVE DATE. This local law shall take effect upon its adoption and the filing of one certified copy thereof with the City Clerk, one certified copy in the office of the State Comptroller and three certified copies in the office of the Secretary ;. of State. A vote by roll call was taken which resulted as follows : AYES: 14 NAYS: 0 Approved by me this X Z iOday of June 1970 and designated Local La # 1 Teak itY of Ithaca, N.Y. y' LOCAL LAW - ASSESSOR: Alderman Boronkay recommended adoption of a Local Law amending the i.� . City Charter by deleting provisions relating to assessment functions which had likewise Y been received and laid on the table at the last meeting. It was acted upon as follows: r A LOCAL LAW to provide for amending the Charter of the City of Ithaca, New York, by deleting f therefrom provisions relating to assessment functions. i By Alderman Boronkay: seconded by Alderman Jones BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows SECTION 1. WHEREAS, after a referendum of the residents of the City of Ithaca there has been created a Tompkins County Assessment Department within the County Government and it is performing the assessment functions and duties within the City of Ithaca, and it is desired by the Common Council to eliminate from the City Charter those provisions relating to assessments. SECTION 2. IT IS HEREBY DELETED from the City Charter the following: Sec. 6, (2-1 as codified) : "an assessor, a deputy assessor, two associate assessors Sec. 19, (2-16 as codified) : in its entirety Sec. 19a, (2-17 as codified) : in its entirety Sec. 19b, (2-18 as codified) : in its entirety Sec. 25a (3) , (2-26 (3) as codified) : in its entirety Sec. 25d, (2-29 as codified) : in its entirety SECTION 3. This Local Law shall take effect upon its adoption, and the filing of the nec- essary papers with the Secretary of State. IWi A vote by roll call was taken which resulted as follows: AYES: 14 NAYS: 0 Approved by me this _` Vay of June 1970 and designated Loc w # 19 Aayor. City cf Ithaca 1 v' it .i�j. �� r: , .. f'� .. .. ., - -, .. 1... <. � _� - .. .. .. ".Fi`.�., r 1,f '1': .... .. _.. _ f� ,-.-.. a .• .... r- ... ,. _ t_ .. ., r _..., t'..: • � ., 'f' "fit' ,«gin '! a ., _n. _ I YIF T.'. ski of Pt or to ,._ _ .vv j who 4,PQ 9 AUDIT- BY Alderran Rundle: secorded by Alderman. Spano RE, ','-iLat th.'. bf 11--, a,viir e 1 ar;d ipprov�,d _)-, t'-)..e F.*rai-Ice c,_)nUnittee in the total 8210u-,,t of $295,407 83 in the General Fund and $814,00 in the CapitaJ_ Construction Fund, Police Headquarterc Euild`ia-,�,_ a', li`d o, Audit- .Ab:-tract #6. ".970 be approv^d for payment. WATER SERVICE OUTSIDE, CITY- Aiderraan Rc.)i:-iso.i -,dvi,,ed that t.i,� Public Works P, County Relations Committee of the Council had bc_ ,n meetii.,g with the Town Board to discuss mutual water problo=- , that )nc su�h had bee-_ 1-,cld. on Mpy 18th, another on May 25th and another sch-3du7_ed for June 8th. He f^It the resul':.s of these meetings should improve the likelihood of fu2th^r c,cpe_-.-at�.or. �_teen the Cit-,, ani the Town in areas of water & sewer services , youth & recreation, fire p-otect-'-on, public s:,,fety, highways, and any and a.11_ other areas of mutual_ concern. LOCAL LAWS - BOARD OF PUBLIC WORKS: Alderrign Robinson Dresented two proposed local laws to amend 6ecticns ---__ 7 and 5-41' of the. Charter, as codified, to change the poiTers of the Board of Public Works by mak-_'.ng -4ts c'e-cisions subject to approval of Common Council. Copies of the proposals weri di,,-tribut-^d t-) each ald-.�rrimi. By Alderman Robinson: seconded by Alderman AndrciTs RESOLVED, that the pro-posed lcc-ti 1-�,,,s be received and laid on the table for action at a subsequent- meeting. AYES: 12 NAYS: 2 - Bangs , Slattery Carried. GARBAGE PACKER: Alderman Robinson reported the Board of Public Works had requested an appropriation of $14,000.00 to purchase an additional garbage packer. By Alderman Robinson: seconded by Alderman Andrews RESOLVED, that the request be referred to the Public Works & County Relations Committee for study and recommendation. Carried. DEWITT SOCIAL SERVICE CENTER: t'dde=an Slattery reported a discussion of the "Dewitt Social Service Center" report pointed out that interest in the Center is not as positive or as strong as had been expected and there is no way to make such a project economically feasible unless a large grant or annual sub^idy to guarantee bond payments , (or both) is obtained to finance the estimated capital costs of approximately $828,000. It was concluded although it would be wise to retain control of this area from a planners point of view neither the County or the City should finance such a venture at this time due to heavy commitments in more pressing areas . It was 'felt that the study should be referred to both City, Town and County planners for consideration of possible alternative proposals for this property and recommendations be returned to our committees , YOUTH PROJECT: Robert Cutia, Youth Bureau Director, appeared before the Council and asked for an appropriation of $16,000.00 to finance a youth project to furnish employment for about 40 youths , between the ages of 14 and 18, during the rummer. It was moved by Alderman Slattery, and seconded by Alderman Robinson that the project be approved. A discussion ensued as to where the money could be appropriated from. k1derman Andrews requested a five- minute recess to decide. The Mayor recessed the meeting at 10:00 p.m. for this purpose. At the end of five minutes , Mayor Johns again called the meeting to order. Alderman Rundle reported that the Finance Committee recommended by a vote of three to one that the money be taken from Unappropriated Fund Balance. By Alderman Robinson: seconded by Alderman Slattery RESOLVED, that the project be approved; and that the sum of $16,000.00 be appropriated from Unappropriated Fund Balance to Current Appropriation, Budget Account A-209-B-Summer Youth Project - to finance the cost thereof with the understanding that the Youth Bureau Director arrange to hire an equal number of girls and boys so far as possible and practical. AYES: 13 NAYS: 1 - Rundle Carried. COUNCIL ROOM SEATING ARRANGEMENT: Alderman Nordheimer recommended that a new seating ar- rangement for the Council Chamber be approved in accordance with Plan No. 5, prepared and recommended by the Planning Board. By Alderman Nordheimer: seconded by Alderman Feldt RESOLVED, that Plan No. 5 for a new seating arrangement for Council Chambers be approved as recommended and referred to the Board of Public Works requesting -that it be implemented. Carried. POLICE DEPARTMENT COMPLAINTS: Alderman Nordheimer expressed his displeasure at the dis- position of complaints re'.C,4,istered with the Police Department on May 20th about an incident on Eddy Street. By Alderman Sullivan: seconded by Alderman Conley RESOLVED, that the matter be referred to the Public Safety Committee for investigation and report. Carried. N/M I r 6091 OUTSTANDING SERVICE: Alderman Saccucci recommended that an annual award be made to a member of the Police Department with a record indicating he had performed the most outstanding service to the Police D-2partment during the year. His suggestion was discussed but deemed impractical. On motion the meet'_ng was adjourned at 10 :30 p.m. Geo. A. B_lean, City C'.erk h nna Johns, Mayor =Z1011 C01-44CIL PD0CFF=AGU CITY OF ITHACA, N. Y. REGULAR MEETING 7:30 P. m. July 1, 1970 PRESENT: Mayor - Johns Aldermen (13) - Jones, Nichols, Nordheimer, Spano, Rundle, Andrews, Bangs, Robinson, Conley, Slattery, Saccucci , Boronkey, Sullivan ABSENT: Alderman Feldt OTHERS PREESENT: Attorney -- Weinstein Planning Director - Kasprzak Pub. Wks. Comm1r. -- Golder Controller - Russell Su of Public Works - Dingman Asst. Controller - Spano City Engineer - Schlieder Clerk - Blean Building Comn1r. - Jones Deputy Clerjr, - Grey Deputy Bldg. Commir. - Boda Al! present stood and were led by the Mayor in a pledge of allegiance to the American Flag. • MINUTES: Miuutees of the preceding meeting were approved as recorded by the Clerk, PETITION - VS. LOCAL LAWS: Mr. J. R. Graves presented a petition bearing the signatures of approximately 600 taxpayers and residents of the City of Ithaca registering their opposition to two proposed Local Laws being considered by the Common Council to dilute the powers of the Board of Public Works. TAXPAYERS' ASSIN. : Mrs. Florenee Rumph, President of the Taxpayers' Ass'n. read a letter expressing its opposition to extension of water and sewer services outside the City without cm=lidation and its concern about the completion of several major projects within the City. Mrs . Rumph read another letter, signed by herself and Donald Lucente, expressing their concern on behalf of residents of the Elmira - Spencer Road area about the Council's recent vote on financing site improvements for the Elm Street housing project being sponsored by N. Y. S. Urban Development Corp. Mr. David Saperstone appeared and asked for an investigation of the Urban Renewal Agency and NYSUDC. He defended the Board of Piiblic Works and felt the Council could not change its powers legally by Local Law. He felt the Board was doing a good, conscientious job and should be left alone. CITY DUMP CLOSING: The Superintendent read a letter from Dr. Broad, County Health Commissionek, ordering the City to close its city dump ou West Clinton Street by August 1, 1970 with com- pletion date scheduled for Sept. 18th. lie estimated the cost for rodent control and complete filling of the area to required minimum standards at $65 ,000-00. His request was referred to the Finance Committee for action later in the meeting. COMMUNITY RENEWAL qRANT: The Clerk read a letter from Congressman Robison, addressed to the Mayor, announcing the approval of a $73,354.00 federal grant to the City for a study of its urban renewal needs. The letter also indicated another "route" to take in respect to fed- eral funds for improvement of DeWitt Park in lieu of a grant under the Historic Preservation Program. ADVISORY ENVIRONMENTAL COMMISSION: The Clerk read a letter from Mrs. Osborn, Chairman of the Coordinating Committee of Beautification, recommending the Council create a Department of Environmental Conservation. By Alderman Jones: seconded by Alderman Nichols RESOLVED, that the recommendation be referred to the Charter & Ordinance Committee for study and report. Carried. LANDMARKS PRESERVATION COMMISSION: The Clerk read a letter from a group of interested citizens recommending that the Council adopt an Ordinance establishing a Landmarks Preservation Com- mission and it enclosed a draft of a proposed ordinance to accomplish this. By Alderman Jones: seconded by Alderman Nichols RESOLVED,, that the proposal be referred to the Charter & Ordinance Committee for study and report. Carried. • -2- July 1, 1970 £1 :'WITT PARK: The Clerk read a letter from Mrs. Harold Simpson, Chairman of DeWitt Park Improvement Cammitttee, expressing her concern about damage done to the DeWitt Park fountain planting and the trees and shrubs planted in the Spring that were dying because of lack of water. She felt the park should receive better care. 3;I Alderman Nordheimer: seconded by Alderman Boronkey RESOLVED, that Mrs. Simpson's letter be referred to the Superintendent and Chief of Police for consideration and report. Carried. LM DERGROUND WIRES: The Clerk read a letter from the Planning Board recommending that the Subdivision Regulations be amended to provide that all overl-ad wires shall be placed under- ground. It also enclosed a rough draft of an amendment to accomplish this. By Alderman Nordheimer: seconded by Alderman Jones RESOLVED; that the Planning Board's recommendation be referred to the Charter & Ordinance Committee for study and report. Carried. v VETO: The Clerk read a message from the Mayor which vetoed the Council's resolution, dated ` June 3rd. , approving the financing of site improvements at the Elm Street housing project sponsored by NYS UDC. By Alderman Rundle: seconded by Alderman Robinson WHEREAS, there has been shown a definite need for improved housing in the City of Ithaca, and WHEREAS, the City of Ithaca has previously committed itself to participation in development of housing and commerical development with the Urban Development Corporation of the State of New York, and WHEREAS, this Common Council previously voted unanimously to authorize the preparation of a bond issue as the primary step in the City of Ithaca's investment of $154,000.00 in the development of the Urban Development Corporation's West Hill Housing Project, NOW THEREFORE BE IT RESOLVED, that this Common Council hereby overrides the Mayor's veto and thereby reaffirms its position authorizing the preparation of the aforementioned bond issue, contingent on the Urban Develpment Corporation's agreement to complete all on-site improv- ments as outlined in its original specifications, as presented to this Common Council, and BE IT FURTHER RESOLVED, that the Urban Development Corporation shall be responsible for completion of all said on-site improvements regardless of any additional expenses incurred for completion of said improvements. Alderman Rundle presented the following statement of intent by Council before a vote was taken on the- foregoing resolution. "Where manpower and equipment are available for this project, it shall be the intended policy of this Common Council to have the aforementioned improvements completed cooperatively by the Urban Development Corporation and the City of Ithaca Department of Public Works, but, it shall be the intent of this Common Council also that, if the UDC and the Board of Public Works shall deem sub-contracting advisable to facilitate the completion of the project, then the UDC shall provide all financing and funding of any additional expenses therefor." A roll call vote resulted as follows : AYES: 13 NAYS: 0 Motion Carried. CAPITAL PROGRAM: The Clerk presented a Capital Program for 1970-1975 as prepared and filed by the Capital Improvements Committee. Copies thereof were distributed to the Aldermen. It was received and ordered filed. ANNUAL REPORTS: Annual reports for 1969 were received and distributed from the Department of Public Works, including Water & Sewer, and the Ithaca Narcotics Guidance Council. It was moved by Alderman Spano; seconded by Alderman Bangs and carried that these reports be received and ordered filed. v LADIES UNION BENEVOLENT SOCIETY AGREEMENT: Attorney Weinstein presented an agreement received from the Ladies Union Benevolent Society regarding payments in lieu of taxes for the McGraw , Housing Project which had been approved by the Council on April 30, 1969 but never been presented for approval until now. By Alderman Bangs: seconded by Alderman Nordheimer RESOLVED, that the agreement be approved and that the Mayor be authorized and directed to sign and execute it on behalf of the City, under its Corporate Seal.sQcVoF S� Carried. i " EAGLES BUILDING LEASE SETTLEMENT: Attorney Weinstein recommended approval of a settlement in the amount of $5 ,000.00 in the matter of the disputed lease of the former Eagles Bldg. from T.G. Millers Paper Company. Sec P r. i 9 By Alderman Nordheimer: seconded by Alderman Robinson RESOLVED, that the City Attorney's recommendation be approved; and that he be authorized to MAYOR'S VETO MESSAGE a To: City Clerk Date: June 5, 1970 Please be advised that I wish to veto the resolution adopted by the Common Council on June 3, 1970, authorizing the City Controller to engage the services of the City's bonding attorneys to prepare a resolution to finance the City's cost of site improvements at the Elm Street Housing Project at a total estimated cost of $154,000. My reasons for vetoing this resolution are stated as follows: On May 6, 1970, Common Council of the City of Ithaca approved $154,000 for assistance to the New York State Urban Development Corporation for housing projects on Elm Street and Maple Avenue. The greater percentage of this money will be spent to do work by the City that should be done by the private developer. This money is not going to be spent on work that is normally the City's responsibility. In addition to spending this money for work that should be done by the devel- oper, the City will then be faced with doing the work that the City normally does in such developments which will add at least another 50% to this $154,000. As I stated after the May 6th meeting of the Common Council, I was advised by the City Engineer and stated publicly that the cost could run at least $200,000.00. It is rely belief, and I believe that I have a responsibility as Ma}or to the taxpayers of this community, that the City should be protected against a situation where after we have spent $154,000, doing developers'work, the developer will then claim that the City must spend another $50,000 or $75,000 for additional work which the City normally would do raising the total cost to between $200,000 and $225,000. I believe that the Common Council when they voted the funds for this project were 1 under the belief that the $154,000 would be the total cost to the City including the City's share as well as the developers share that the City was agreeing to do. -2- Unless the City is protected by some sort of a written agreement between the City and the Urban Development Corporation that if any additional cost exists in excess of $154,000 that cost must be borne by the U.D.C. and not by the taxpayers of the City of Ithaca. The income eligibility limits of approximately $6,700.00 gross income for a falAly of four for occupancy is, in my opinion, too high. In addition, 70% of the units are scheduled for use by those with middle income much higher than $6,700.00, which would make 650 of Ithaca's residents qualified to occupy these apartments, and which has proven a total failure throughout the country. The City should not be subsidizing those people who can afford to pay for their own. Until the income eligibility of those qualified to live in these apartments is controlled by the Common Council of the City of Ithaca, I will continue to be opposed to this type of project. Those within the City owning homes valued up to $12,000 for all practical purposes will be excluded from living in this project and at the same time they �i will be footing the bill for it. In addition to discouraging people from owning their own homes and thereby adding to the tax base of the City, this type of sub- sidy is extremely unfair to property owners. kvily veto is issued to protect the best interest of the City of Ithaca. Mayor 0 June 5, 1970 FILr= CURK's OFN7 !rtd(k t. CLG,R -3- July 1, 1970 negotiate a settlement in an amount not to exceed $5 ,000.00 to be paid to T. G. Millers Paper Company in full settlement of any and all claims against the City upon the receipt of duly executed release from Millers . Carried. At the request of Alderman Conley, Mayor Johns declared a five-minute recess in the pro- ceedings at 9:15 p.m. At the end of the recess Mayor Johns called the meeting to order again to consid-r the remaining items on the agenda. URBAN RENEWAL REPORT: Mr. Scott Carlson, Area Director for NYS UDC, presented and reviewed preliminary construction drawings for the E. Green Street parking facility. He felt final contract drawings would be ready for bidding by August 15th and that contracts could be let for the project as soon as Oct. 15th. Alderman Rundle, Chairman of the Urban Renewal Committee, reported the Agency had been working strenuously end T,rithout publicity. Alderman Sullivan concurred. Mr. Carlson in- dicated a traffic survey in Co1'.egeto-:^z ::. c. been completed which indicated a feasible in- vestment in the projects for this area. TAX COLLECTION: Controller. Russell reported that C'_ty taxes in the amount of $1,155 ,300.00 had been collected prior to the first penalty period - with two days left to go - or about 77.6% of the total levy. t+ MRS. JUDY MARTIN - LEAVE: By Alderman Rundle: seconded by Alderman Jones v {'** RESOLVED, that Mrs. Judy Martin, an employee of the Finance Department, be granted a Mater- nity Leave-of-Absence to September 1, 1970, effective June 19, 1970. Carried. PERSONNEL APPOINTMENTS: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that Miss Joyce Cutter be provisionally appointed to the position of Senior Account f Clerk at an annual salary of $5 ,140.00, the minimum of grade 22 in the Compensation Plan, effective June 22, 1970; and that the Civil Service Commission be requested to hold an exam- ination for this position. Carried. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that Mrs. Pauline Longcoy be appointed to the position of Senior Typist at an annual salary of $41614.00, the minimum of grade 19 in the Compensation Plan, effective June 15 , 1970; and that the Civil Service Commission be requested to hold an examination for this position. Carried. s BEAUTIFICATION PROJECT: By Alderman Rundle: seconded by Alderman Slattery �. RESOLVED, that the Mayor and City Clerk are hereby authorized to sign and submit the Hometown Beautification Project Application on behalf of the City of Ithaca, and BE IT FURTHER RESOLVED, that the wage rate be established at $1.60 per hour to employees working on the project. Carried. TAX ROLL CORRECTION: Controller Russell certified that an error had been found in the 1970 y City Tax Roll and recommended its correction which resulted in the following action: By Alderman Rundle : seconded by Alderman Jones WHEREAS, the final Tax Roll for 1970 which was presented to the Common Council on May 6, 1970 and which showed a net taxable valuation of $99,195 ,921, now appears to be in error due to omission of an additional Veterans Exemption in the amount of $1,950.00. NOW THEREFORE BE IT RESOLVED, that the Tax Roil for 1970 be corrected to show the following corrected valuations : Present Tax Roll Corrected Tax Roll Valuation of Land 28, 9,950 28,899,950 Valuation of Buildings 229,245 800 229,245 ,800 Total Valuation of Real Property 25 ,1454 750 258,1 5 ,750 Less - Exemption for RR Ceiling 614,418 614,418 257,531,332 257,531,332 Less - valuation of Exempt Property 162 ,254,15o 162,256,100 95 ,2777,182 95,275 ,232 ! Plus - Valuation of Special Franchises 3,918,739 3,918,739 Total Net Valuation of Taxable Property 991195 ,921 99,193,971 AND WHEREAS. this Council did. by resolution, dated May 6, 1970, approve a total tax levy for City Purposes of $1,487,938.80 based on a Total net taxable valuation of $99,195 ,921. 31 which has since proved to be incorrect, and -.4- July 1, 1970 VHEREAS, the 1970 flax Roll has now been corrected to show a total net taxable valuation of 4,99,193,971, which will produce a total tax levy of $1,487,909.56 at the tax rate established on May 6, 1970. NOW THEREFORE BE IT RESOLVED, that the total tax levy of $1,487,938.80 which was approved by the Council on May 6, 1970,. be corrected by decreasing it to $1,487,909.56, or as near as may be ; and that the Warrant prepared and served on- the City Chamberlain by the City Clerk on May 29, 1970 in the corrected amount of $1,487,909,56 be approved and ratified, and BE IT FURTHER RESOLVED, that the Contingent Fund in the 1970 Budget be increased from $65 ,000.00 to $73,478.37 which will provide a balanced budget at the established tax rate of $15.00 per $1,000.00 of assessed valuation. AYES: 13 NAYS: 0 Carried and approved by the Mayor. FINAL BUDGET: The City Controller and City Attorney reported jointly on the adoption of a¢ final budget in December for the following year and indicated it could be accomplished by the adoption of a Local Law or Laws to accomplish same. By Alderman Rundle : seconded by Alderman Jones RESOLVED, that the matter be referred to the Finance and Charter & Ordinance Committees for joint study and report at a subsequent meeting. Carried. TRANSFERS: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the sum of $1,555.00 be transferred from budget account A101B-314, Street Maintenance - Construction Materials & Supplies, to budget account A101B-250, Street Main- tenance - Other Equipment, to finance the purchase of three paving breakers. AYES: 11 ` NAYS: 2 - Robinson, Nordheimer Carried. By Alderman Rundle : seconded by Alderman Robinson RESOLVED, that the following transfers be approved: AMOUNT $ 300.00 FROM Account A106-314 - Bridges - Constr. Materials & Supplies TO Account A106_419 - Bridges - Property Maintenance PURPOSE Specialized welding on Stewart Avenue Bridge AMOUNT $ 1,000.00 FROM Account A290-650 General Fund Contingent Account TO Account A115-413 Refuse Disposal - Equipment Rental PURPOSE Provide for fill at dump AMOUNT $ 900.00 FROM Account A101B-240 St. Maintenance-Hwys. - Hwy. & St. Equip. - $ 200.00 Account A103-240 Snow & Ice Control - Hwy. & Street Equip. - $ 300.00 Account Alll-250 Storm Sewers - Other Equipment $ 400.00 TO Account A101B-250 St. Maint.-Hwys. - Other Equipment PURPOSE Two-way radio beyond repair AMOUNT $ 12100.00 FROM Account A101B-240Street Maint.-Hwy.-Hwy. & Street Equipment TO Account A114-312 Waste Collection - Equip. Parts & Supplies PURPOSE: : Replace blade on packer. Can no longer be welded. AYES: 13 NAYS: 0 Carried and approved. V GARBAGE PACKER APPROP. : By Alderman Rundle : seconded by Alderman Robinson RESOLVED, that the sum of $14,000.00 be appropriated from the General Fund Contingent Fund to Account A114-230, Waste Collection - Motor Vehicle Equipment, to finance the purchase of a new garbage packer type truck. AYES: 13 NAYS: 0 Carried. V RAW WATER STUDY APPROP. : By Alderman Rundle : seconded by Alderman Jones RESOLVED, that the sum of $7,500.00 be appropriated from Capital Reserve Fund #165 Water Source Development, to budget account F265-1-422, Water Fund Administration, to engage professional engineering services to conduct a raw water study as requested by the Board of Public Works. 0 -5- July 1, Uderman dordheimer felt that the County Water Agency should make and finance a study of this nature and strongly objected to the cost being borne directly by the City. 11iderman Robinson , a member of the Agency, reported it had refused to look into it. After some further discussion, a roll call vote on the resolution was taken which resulted as follows : AYES: 7 - Spano, Rundle , Andrews , Slattery, Saccucci , Conley, Sullivan NkYS : 6 - Jones , Nichols , Nordheimer, Bangs , Robinson, Boronkay Motion Carried. Alderman Robinson was instructed. to bring the matter to the Agency's attention again. AUDIT: By Alderman Rundle : seconded by Alderman Jones i RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of 19,325.x.8, as listed on Audit '1bstract #7 - 1970, be approved for payment. Carried. DUP•1P APPFOPP,I =0N: `she Superintendent reported that Tompkins County Health Department had ordered the City to close the 'dump on West Clinton Street and explained in detail the method by which it should be done. He estimated the total cost at, $65 ,000.00. Action was taken to finance this project as follows : By -Alderman Rundle : seconded by !'alderman Robinson �`• RESOLVED, that the Controller be authorized to issue a budget note to finance costs of closing the present City Dump, as outlined by the Superintendent of Public Works covering rodent control, soil impartment, and top soil fill, at an actual project cost not to exceed $65 ,000. , and BE IT FURTHER RESOLVED, that any revenue derived from any aid programs available will be applied toward payment of the aforementioned budget note. AYES: 13 NAYS: 0 Carried and approved by the Mayor. MINI-POOL APPROP. : By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the sum of $11000.00 be transferred from budget account 1209-415 , Youth Bureau- Rent of Buildings, to account A203 - Swimming Pool, to finance additional expenses in con- nection with the operation of the City's mini-pools. Carried. LOCAL Lr_WS:by Alderman Robinson: seconded by Alderman Nichols RESOLVED, that a Local Law amending Section 5-17 of the Charter, as codified, which was presented and laid on the table at the June 3rd meeting be enacted. Alderma:, Conley urged delay until a report and recommendation thereon had been received from the Charter & Ordinance Committee. He presented a substitute resolution as follows : By Alderman. Conley: seconded by Alderman Nichols RESOLVED, that the proposed Local Law amending Sect. 5-17 of the Charter, as codified, be referred to the Charter & Ordinance Committee for study and recommendation. .'Attorney Weinstein ruled this substitute resolution took precedence over the original motion, and a vote was taken thereon. AYES: 7 - Jones , Nichols, Nordheimer, Bangs, Slattery, Saccucci , Conley NAYS: 6 - Spano, Rundle , Andrews , Robinson, Sullivan., Boronkay Carried. By Alderman Robinson : seconded by Alderman Jones RESOLVED, that a Local Law amending Section 5-41 of the Charter, as codified, be enacted. By Alderman Conley: seconded by Alderman Nordheimer RESOLVED, that this proposed Local Law be referred also to the Charter & Ordinance Committee for similar study and recommendation. AYES: 7 - Jones, Nichols , Nordheimer, Bangs , Slattery, Saccucci , Conley NAYS: 6 - Spano, Rundle , Andrews , Robinson, Sullivan, Boronkay Carried. COUNTY WATER AGENCY: Alderman Robinson reported the Board of Public Works had requested the Council to ask Tompkins County Board of Representatives to increase the City's repre- sentation on both the County Water Agency and the Sewer Agency to a fairer proportion. Attorney Weinstein reviewed the need for greater representation on these Agencies. By Alderman Robinson: seconded by Alderman Jones RESOLVED, that the Council hereby petitions the Tompkins County Board of Representatives to give the City more adequate representation on both the Tompkins County Water Agency and the Tompkins County Sewer Agency. Carried. -6 July 1, 1970 CODE AMENDMENT N0. 6 1970: j,11derman Robinson recommended approval of a request received from the Board of Public Works to amend Sec. 182 of the traffic ordinance to clarify traffic problems on South Fulton Street and it was acted upon as follows : by Alderman Robinson: seconded by Alderman Boronkay BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it hereby is ordained by authority of the same that Chapter 15 , .rt. IX, Sec. 15-182, of the Code of Ordinances , Parking prohibited during certain hours on certain streets , be amended by deleting therfrom and adding thereto the following: DELETION: No parking 8:00 a.m. to 4 .00 p.m. -• Sundays & holidays excepted South Fulton Street, east side ; iieadow Street to Green Street ADDITION: No Parking 7:00 a.m. to 5 :00 p.m. -- Sundays & holidays excepted South Fulton Street, east side, from Green Street for a distance of 200 feet south easterly. EFFECTIVE UPOIJ PUBLICATIOiT AYES: 13 NAYS: 0 Carried and approved by the Mayor. SPECIAL REPORT: Alderman Robinson reported on meetings held with representatives of the Town of Ithaca regarding the water supply situation but that proposals made by City repre- sentatives had not been satisfactory to Town officials. t YOUTH PROJECT: Alderman Slattery presented a brief progress report on the Youth Project approved at the last meeting by indicating that a total of 77 youths had been given jobs under the direction of Robert Cutia, Youth Bureau Director. Alderman Nordheimer wondered if any state aid was available for such a project and requested the Mayor to look into the matter. BIDS - PATROL CARS: Alderman Sullivan reported the Chief of Police had advertised for bids on the sale of used patrol cars, that several bids had been received, but that upon review thereof it had been decided to reject all bids and readvertise at a later date. LOCAL LAWS •- POLICE COMMISSION: Alderman Sullivan presented three proposed Local Laws as follows : 1. A Local Law to provide for the appointment of three Police Commissioners 2. A Local Law to provide for the organization and meetings of Police Commissioners 3. A Local Law to provide for the appointment of Police Personnel Copies of each Local Law were distributed to the Aldermen. (See copy attached to minutes) By Alderman Sullivan: seconded by Alderman Spano RESOLVED, that the proposed Local Laws regarding Police Commissioners and Police Personnel be received and laid on the table for action at a subsequent meeting. AYES: 12 NAYS: 1 - Robinson Carried. POLICE DEPARTMENT COMPLAINTS: Alderman Nordheimer asked that the matter of police complaints , referred to in the minutes of the last meeting, be placed-on the Agenda for the next meeting. Alderman Sullivan agreed to discuss the matter with Alderman Nordheimer at the Public Safety Committee's next meeting. SPENCER ROAD AREA COMPLAINT: The Clerk read a letter, dated October 8, 1969, from Dr. Broad, Health Commissioner, which was addressed to Alderman Saccucci describing drainage problems of the area between the Elmira Road and Spencer Road, southeast of Meadow Street. Dr. Broad felt it was a community problem and one that required an engineering study of the area to be made. By Alderman Robinson: seconded by Alderman Saccucci RESOLVED, that the letter be referred to the Board of Public Works for study. Carried. POLLING PLACES: The Clerk reminded the Aldermen that polling places in the City of Ithaca for the year starting October 1, 1970 would have to be designated at the August meeting and suggested final arrangements be made for any changes desired since their last designation, C 0 M M ON C 0U1d C I L L 0 C A L L A W A Local Law to provide for the appointment of three Police Commissioners by the Mayor of the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca, New York that there shall be added to the Ithaca City Charter - Section 21 (9) as follows: The Mayor shall appoint a Board of Police Commissioners consisting of three Commissioners . The term of office of Police Commissioner shall be three years commencing on the first day of January, one Commissioner to be appointed each year except at the first instance one member shall be appointed for a one year term, one member for a two year term and one member for a three year term. No elected City Official shall be a Police Commissioner. A Commissioner shall hold office until his successor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner set forth under L.1908, Chapter 503. All Police Commissioners shall be duly qualified electors of the City of Ithaca for at least two years immediately preceeding their appointment. The Board of Commissioners shall have power to enforce within the City the laws of this State relating to the police thereof. They may prefer charges against any -- member of the police force and may prescribe and enforce rules, by-laws and regulations for the government of the police force of the City, not inconsistant with the laws of this State, which shall be promulgated through the Chief of Police to the whole force, and the Chief shall have immediate direction and control of the policemen under such rules. The Board of Police Commissioners shall recommend on their own initiative or at the request of the Mayor or the Police Chief on any matter affecting the policy or perfor= mance of the Police Department, including its finances and its budget; shall make pro- visions for receiving complaints from the citizenary related to matters under their jurisdiction; and shall perform such other related duties as requested by the Mayor or the Common Council. The Police Commissioners shall serve without salary. THE EFFECTIVE DATE OF THIS LOCAL LAW SHALL BE JANUARY 1, 1971 L 0 CAL L A W A Local Law to provide for the organization, and meetings of Police Commissioners. �l BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: That there shall be added to the Ithaca City Charter, Section 21 (b) (Section 2-21 (a) as re-codified) to read as follows: At their first meeting in January of each year, said Police Commissioners shall organize as a board by electing one of their number as chairman. Said board shall hold such stated and special meetings at such time as they may determine but at least once in each month. Two members of said board shall constitute a quorum. THIS LOCAL LAW SHALL BE EFFECTIVE JANUARY 1, 1971 w L 0 C A L L A W A LOCAL LAW TO PROVIDE FOR THE APPOINTMENT OF POLICE PERSONNEL BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows : That Section 21 of the Ithaca City Charter (Section 2-21 as codified) be amended to read as follows: Policemen of the City shall be appointed by the Mayor. The policemen and officers of the force now in office shall continue to be policemen, but each subject to removal by the Mayor when found to be incompetent, negligent or guilty of misconduct in and about, or unable to perform the duties of his office, or guilty of willfully violating any of the rules and regulations of the police commissioners or any superior officers. THIS LOCAL LAW SHALL BE EFFECTIVE JANUARY 1, 1921 a� Julp 1, 1971) FUTURE MEETINGS- Due to the length of the last two Council meetings, Alderman .Andrews recommended t t the Council meet twice each month in the future. By .".lderm drews : seconded by Alderman Rundle RESOLVED, that regular meetings of the Council., effective September 1, 1970, be held on both the first and third. Wednesdays of each month in the Council Chamber at City Hall , at 7:30 p.m. Carried. HOUSING j UTHORITY: Alderman Slattery expressed his indignation about an investigation of the Housing Authority learned about by him through the news media. He felt it was highly improper that as a representative of the Council he had to learn about it by reading the paper. lie stated he had attended the last five meetings of the Authority but that Ilderman Saccucci had been unable to attend most of them due to other commitments. He therefore �equested the Mayor to appoint an additional representative from the Council to attend ,Authority meetings . Mayor Johns agreed to do so at a, future time. Alderman Slattery 'wondered if any impropriety in the _uthority's handling of its affairs should not be a matter of concern to N.Y.S. Dept. of Audit & Control and this was left with the Mayor to discuss it with State examiners currently undertaking an examination of the City's fiscal affairs. FLAG DISPLAY: Alderman Jones recalled that Mr. Graves, when he spoke earlier in the meeting, mentioned that persons wishing to display the American Flag over sidewalks should be required to pay an encroachment fee. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, that this matter be referred t0 the Chatter & OrdinanCe Ce=ittea for study and report. �r On motion the meeting was adjourned at 12:15 a.m. o. A.lrean, City Clerk H Johns, Mayor COMMON COUXIL PROCEEDINGS CITY OF ITHACA, NEW YORK REGULAR MEETING 7:30 p.m. August 5, 1970 PRESENT: Mayor - Johns Aldernnen (13) - Nichols , Nordheimer, Spano, Rundle, Andrews, Bangs, Robinson, Slattern, Saccucci, Sullivan, Conley, Boronkay, Jones ABSENT: Alderman- Feldt OTHERS PRESENT: Attorney - Weinstein Sealer of Wts . & .•'easures - Nedro7vi Chief of Police - Van Ostrand Youth Bureau Director - Cutia Public Works Comm'r. - Golder Controller - Russell Building Comm'r. - Jones Asst. Controller - Spano Planning Director - Kasprzak Clerk - Blean All present stood and were led by the Mayor in a pledge of allegiance to the American Flag. MINUTES: Minutes of the preceding meeting were approved as recorded by the Clerk. EDDY STREET COMPLAINT: Mr. Wm. B. Norton, a partner in Ithaca Sporting Goods at 420 Eddy Street, complained about people congregating in doorways and streets and sitting on si "- walks on Eddy Street resulting in drinking, public intoxication and littering of strut with debris. He felt it hurt business in the area and asked for more garbage and litter pick-up and enforcement of ordinances relating to littering streets. He also feared tp, situation may be a breeding place for the use of drugs. Alderman Nordheimer felt that mass illegal parking occurred there with little or no enforcement. He also felt that :'f the littering ordinance could not be enforced, the City should be prepared to clean u^ 1l, resulting debris. By Alderman Slattery: -seconded by Alderman Boronkay RESOLVED, that the matter be referred to the Public Works & County Relations and Pi.fb llc Safety Committees for joint study and report. Carried. ZONING ORDINANCE: The Clerk read a letter from the Planning Board recommending adoption of a revised Zoning Ordinance to bring it up to date. Copies of a proposed new zcrin& ordinance, prepared and approved by the Planning Board, were distributed to m.??nb—q n-F +,r^ Council. By Alderman Jones : seconded by Alderman Nordheimer RESOLVED, that the proposed zoning ordinance be referred to the Charter & Ordinance Committee for study and report. Carried. ELMIRA ROAD STUDY: The Clerk read a letter from the Planning Board offering its suggestio:is for improvement of the Elmira Road area. Copies of the Planning Board's study and an im- provement plan for the area were distributed to members of the Council. By Alderman Robinson: seconded by Alderman Nichols RESOLVED, that the proposal be referred to the Public Works & County Relations Comm-:=tee for study and report. Carried. DEWITT PARK: The Clerk read a letter from Mrs. Anne G. Baldwin, Treasurer of the DeWitt Park Improvement Committee, requesting the Council to appropriate funds in its new budget for completion of the DeWitt Park improvement project. By Alderman Robinson: seconded by Alderman Jones RESOLVED, that the request be referred to the Public Works & County Relations and the -Finance Committee for joint study and report. Carried. DONALD J. LUCENTE: Mayor Johns advised that Donald J. Lucente had resigned from the Board of Zoning Appeals. ANTHONY PETITTI: Mayor Johns announced that he had appointed Anthony Petitti, 802 S. Plain Street, as a member of the Board of Zoning Appeals, for the term ending Dec. 31, 1972, to fill the vacancy caused by Mr. Lucente's resignation. HOUSING AUTHORITY LIASION: Mayor Jonns announced his redesignation of the Urban Rene-2-al_ Committee as Urban Renewal and Housing Authority Committee to replace the former speci Committee acting as a liasion committee with the Housing Authority. _•2._ August 5 , 1970 i'IO 9 FIE7' STATION. :Sa.!or John,! recc:,ended +hrt something to dcae a;cout old. No. 9 Fire Station building. He suggested it ri o-ffered for sale and returned to the Tax Roll. By Alderman r? 'Ansoa: seconded by Al.deim z Nichols RESOL'1VE,D. test the Maycr°s recommendation be referred to the Public, Works & Colxnty Relations Finance, an- Urban Renewal & Hous.nO' AuthDrity C;c;r_ittees Icy. t' '::`. � st,i,,J r artd report. Carried. JAIIa REPORT: The Clerk re< d a report of insY`�cti.cn . c,(-,nc"acted on ADri , L970, by ^ N.Y. State Ccr,-m ssicr of crre,c�ion whii.:h ind-icat.ea the jail was being mat ta�_ne s t s. -il a�c c;° F:"`t >d �7 d �? l_S. 'Ct'? Z' ?°�Z a :L�'�.%':TS .. =ACC _ c, "t•3t1Qa'1"''_3< 1"t 4%aS rf::Ce7.v�-:tlG„r2d -ordered file ✓ POLLING D?n rE�. Tl-, ^ _ of aca POLLING t i. li t.•� I{ ^rE t ri �' (. '' y Z ^ ^f 7G1I1TSt? t1:_' FS ? the City Ith and recorame:. ed v',-:i r r.^;,i at-�GU ty.c s-c g 0 c t-,u 970 BY Alderman Igor° einer: . e ccr- 1--�d RESOLVED, 4U,--t the :° i.lcwin`; b: :gin-? r signated as -'_air P1a�es in each election district in the Citi, of Ithaca, Ae-? -± -711.1_`r z the regis- r ti-I of ?curs, c2'"eCtiOriS and primaries shall !i.e]—d, d,.�xing thr= f„1 .rg October 1, 21970; FIRST WARD lst Dist-'ict 101 Sv -.rise Ron.x U.�s: A-M-Y Reserve Center 2nd District 626, West Sf,ate ;;„ r`;o. 6 F-i,re Station 3rd. District 626 WeF;t State St. No. 6 =Fire =tat on SECONDoWARD lst District l:iy Third Street No-th Side I;, e , ._ 2nd District 31-2 N. Street, -,=pk ns County Library 3rd District 311, W. Green Street Central Fire Statior> THIL.-F.D WARD, 1st Di sari^t 309 College. Avenue Ao. 9 .Fire Station , T 2r d District 1.09 Oak Avenue Luthe,rax: Church x I 3rd Di:=trict 502” Mitchell. St. Belle Sherman Schrx,' KIMTH YARD 1st District 1012 N. Tioga St. No, 7 Fire Station 2nd District 1012 N. Tioga St. rio. 7 Fire StaTicn 3rd D°-ist.rict Cor, of King & Aurc•"ra Fall ("reek Sci:oos FIriH WARD 1st. District 512 E� State St, Cornell Infirmargr %rid District 614 Stewart Ave. Newmar- Lab„ 3rd District 1G9 Dearborn I-l_a-e Tte `iblet F_...d r S7."TII WAs D 1st District 310 W. Greed St. ^e^tr i Fi-e Station r� 2nd District 301 S. Geneva St Henry St. Jc'hn School 3rd Dis'riot: 521 Hudson Street South H .11 School SEVENTH y 1st 1-d s+r i C t iC5 S;,e7,Tart East Fill School *11 el istrict Y Collerfe A ho. 9 Fire S,t__t d7 lds tr]..ct 502 I+.'..?:^_'he s..._ S.t-. Bell- Sht-'".:Sian School Carried, L z IWAFf FARK FAR FACT�Z'-Y_ Slattery at.ery r'ecamx e ded the, temporary „ail a4tentior. f°a.c1�. --y at i.�?<<'war, ?-arR be l+,i UiitiTl L:j� for :aa2 .ty a%Cl :5':.�r.2r rea-sons. y Al e=an- RESOLVED, that � ,ttee- e r.e,y ,--ce-; �I e C": ,_f .�I_ D�71. e an _'u Works Costncittee for stu;5y and z°apor". . Carried.. r . t=tZ �. raV01"ING MACHINE, . . ._. .o a' tVe?•'j s,. .. for �7.6.us 'a'.•. CtY+E: Dew voting macriine to re-i)l—C'e exle to C1 ol---ollet,? By AlrxerMn A 1C't}`o-'N'>. u ' rt.? >: -tv :i i'? 7::13 I l_T,.hc's RESO vu'D. tilat the .'i!';e ., r w'F'.rned tc the r'�-_aance r i ' �� a -t. c: t?1 . c'tt 4 for S�tei y' and rE' ;+ rt. 1.arri eJ CODE OF ETNA C!S: Atf orne:v Wr..nsteln pr>.eFny;d s ::,zi>;e p5 of a p: F rf c' c ose de c :Ethics for local a.lop'ci on as re Dui ? by Art, _.8 G. .eral. Municipal ,11aw.. By .Alderman Jones:, Second d `)-Y. rfldc--"man RESOLVED, that the prof ,sw__ be i-e-ferr.erI tc. *, -Ch,arter & Ordinance for s-tudbf and report, r y 0' SOUTH I v. S©UTH AUROPA STREET _ L_V.R.R. CO. :'RACES- At rjrne y Wetnstein read e. letter from N.,8. Public Service Commission indicatil:.g yt a.d >, cn officis:lI., advised by Lahigh. Valley that its tracks on. South Aurnra, Street Y:•-,re :'i'cdl,,'I ed far - =rPioval in the very near future r-ad therefore there would Tbe no furtre,' n'-n�d of ct1.C-i t-az� :'c jr-i sior, 3 m3- AaEupt 0 . SyTC Engineer Schlied�r advised that the City's trork in connection with the removal of these tracks was scheduled to begin as soon as possible. Controller Russell advise: that the capital budget provided f,-.,r the financing of this project, estimated at $25 ,000.00, by bond issue, By Alderman Jones . seconded by Alderman Slattery RESOLVED, that the City Controller be authorized to engage the ser-vices of the City's bonding attorneys to pr-pare the necessary bond issue to finance this project. Carried. ANNEXATION: Attorney Weinstein fled a petition for annexation on behalf of Cornell r' Univer'3ity, consenting property o-arer, and N.Y.S. Urban Development Corp. , petitioning the annexation to the Citr o-1 Ithaca of terr_w.o~v in +he ToT-tn of Ithaca located between Maple Avenue and Mitchell Street-Ellis Hollow Load. By Alderman Robinson: secon(e(. by A1dQr_:icn Jone=s RESOLVED, that the City Clerk be author'_ze-0 and directed to advertise a joint public hearing to be held by the C=:i^n Council of the City of Ithaca and the Town Board of the Town of Ithaca at 7:30 r.m, in Cnuncll Charier, 108 L, Green Street; on Sept. 2, 1970, to afford any nersons vashing, to ?° heard on t'r,e proposed annexation an opportunity to be heard thereon. Carried. COMMUNITY RENEWAL, GRANT: The following resolution was introduced by Alderman Rundle; l' read in full and considered: RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF C PROPOSED CONTRACT FOR COMMUNITY RENEWAL PROGRAM i GRANT NO. NY R-268(CR)G BETWEEN The City_ ' of Ithaca AND THE UNITED STATES OF " AMERICA PERTAINING TO THE /P_REPARATION_/&/CQMPLETIOiV/ OF COMMUNITY RENEWAL PROGR.dM N0. NY R-2ZT8(CR) i WHEREAS, under Title. I of the Housing Act of 1949, as amended, the United States of America (herein called the "Government") has tendered to The Cif of Ithaca (herein. called the "Public Body") a proposed Contract for Community. Renewal Program Grant, hereinafter mentioned, pursuant to which the Government would extend a Grant of Federal funds to the Public Body to aid in financing the cost of the /ireparation7 & /completion/ of a Community Renewal Program, designated Community Renewal Program No. NY R• 72 8(CR) (herein called the "Program") ; and WHEREAS this Public Body has given due consideration to said proposed Contract and has found- it to be in the interest of this Locality to execute such Contract; and WHEREAS this Public Body is duly authorized, under and pursuant to the Constitution and haws of The State of New York to undertake and carry out the /preparation/& /completion/of the Program: NOW, THEREFORE, BE IT RESOLVED BY The Common Council of the City of Ithaca AS FOLLOWS: r Section 1. The pending proposed Contract, designated "Contract for Community Renewal Program Grant, Contract No. NY R-268(CR)G ," consisting of Parts I and II, under and subject to the provisions , terms, and conditions of which the Government would make a Grant of Federal funds ,under Title I of the Housing Act of 1949 as amended, to this Public Body to aid in financing the cost of the /preparation/&/completion/ of the Program for the Locality of The City of Ithaca is hereby approved in all respects. Section 2. The Mayor _ of this Public Body in its behalf is hereby authorized and directed to execute said proposed Contract in two counterparts , and the City Clerk of this Public Body is hereby authorized and directed to impress and attest the offici l seal of this Public Body on each such, .counterpart and to forward such counterparts to the Department, of. Housing and Urban Development, together with two certified copies of the proceedings in connection with the adoption of this Resolution,,, two certified copies of this Resolution,: and such other and further documents relative to the approval and 1 execution of the Contract as may be required by the Government. Section 3, The City Controller of this Public Body is hereby authorized to file requisitions , together with necessary supporitng documents., with-,the Government, from time to time as Grant funds are required, requesting payments, to be made to it on account of the Grant provided for in the Contract, and to do and perform all other things and acts required to be. done or performed in order to obtain such payments.. Section 4. This Resolution shn 1 take effect immediately. -4- August 3 , 1970 Planning Director Kasprzak explained that this study was necessary to aid the City in procuring future Federal and/or State aid in urban renewal and other projects and Mr. H.S. Brown, representing Ithaca Urban Renewal Agency, stated that it would be difficult to see- re approval of additional urban renewal projects for Ithaca if the City does not proceed with th?.s study. Alderman Nordheimer felt the completion of this study would be the basis of the preparation of Ithaca's future plans . Alderman Robinson felt that a lot of work went into securing this grant and that the City should take advantage of it. Alderman Rundle moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Alderman Jones , and upon roll call the "Ayes" and "Ways" were as follows: AYES: 13 - Sullivan, Saccucci , Slattery, Robinson , Bangs , Andrews, Spanc, Rundle , Nordheimer, Nichols, Jones , Boronkay, Conley NAYS: 0 The Mayor thereupon declared said motion carried and said resolution adopted. V BOND ISSUES: Action was taken to approve two separate bond issues to finance site im- provements at the Elm Street housing project, sponsored by N.Y.S. U.D.C. , as follows : BOND RESOLUTION DATED August SS __, 1970 A RESOLUTION AUTHORIZING THE ISSUANCE OF $95 ,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, AND THE EXPENDITURE OF $5 ,800 CURRENT FINDS OF SAID CITY TO PAY THE COST OF THE CONSTRUCTIO14 OF PUBLIC STREETS, INCLUDING INCIDENTAL IMPROVEMENTS , LIt CONNECTION THERE- WITH TO SERVE THE ELM STREET HOUSING DEVELOPMENT IN SAID CITY. By Alderman Rundle : seconded by Alderman Jones BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows : Section 1. The class of objects or purposes to be financed pursuant to this reso- lution is the construction of public streets in and for the City of Ithaca, Tompkins .„ . County, New York, including curbs and drains , to serve the Elm. Street Housing Development area. Section 2. The maximum estimated cost of the aforesaid class of objects or purposes is $100,800, and the plan for the financing thereof is as follows : a) By the issuance of $95 ,000 serial bonds of said. City hereby authorized -to be issued therefor pursuant to the Local Finance Law, and b) By the expenditure of $5,800 hereby appropriated therein from Capital Reserve Fund No. 3 of said City, which shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. The period of probable usefulness applicable to the aforesaid class of objects or purposes is hereby determined to be fifteen ;gears pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds-becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bond— as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to autho `* rize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form arid contents and shall be sold in such manner as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. -5- August 5, 1970 Section 6, The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding conte:-ting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in 7,iolation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal., l..o cfflcial newspaper, together i-ith a Clerk's notice in substantially the form provided in Section 81..00 of the Loaal Finance Law. w The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : William H. Sullivan VOTING Yes J(se,)h Rundle VOTING Yes Rudolph Saccucci VOTING Yes Ronald J. Nordheimer VOTING Yes Donald Slattery VOTING Yes Mrs . Ethel B. Nichols VOTING Yes Michael A. Robinson VOTING Yes Mrs . Anne Jones VOTING Yes John F. Bangs VOTING Yes Richard Boronkay VOTING Yes Wilmer J. Andrews VOTING Yes Edward J. Conley VOTING Yes Anthony F. Spano VOTING Yes APPROVED BY THE MAYOR Mayor August 5 , 1970 BOND RESOLUTION DATED August 5 , 1970 A RESOLUTION AUTHORIZING THE ISSUANCE OF $53,200 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN SEWER AND WATER IMPROVEMENTS TO SERVE THE ELM STREET HOUSING DEVELOPMENT AREA. By Alderman Rundle; seconded by Alderman Jones BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows : Section 1. The classes of objects or purposes to be financed pursuant to this resolution are as follows : a) The construction of water service lines and water main extensions, including fire hydrants and appurtenant facilities and the relocation of a portion of an existing water main, to serve the Elm Street Housing Development area, at a maximum estimated cost of $36,800; and b) The construction of sanitary sewers, including appurtenant facilities, to serve said area, at a maximum estimated cost of $16,1+00. Section 2. The total estimated cost of the aforesaid classes of objects or purposes is $53,200 and the plan for the financing thereof consists of the issuance of $53,200 serial bonds of said City hereby authorized to be issued therefor pursuant to the Local Finance Law, to be allocated between the aforesaid classes of objects or purposes in accordance with the maximum estimated cost of each as set forth in Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of each of the aforesaid classes of objects or purposes is five years and that subdivisions 1 and 4 of paragraph a of Section 11.00 of the Local Finance Law apply to such classes of objects or purposes, respectively, in the order set forth in Section 1 of this resolution. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds be- coming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 67 August 5 , 1970 Sectic>n 5- S- b j,�ct to th? p:ovisions of the Local Finance Law, the power to autho- rize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds here-_n authorized; including the renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of s-ich terms , form and contents and shall be sold in such manner as may be prescribed by said City Controller, consister_t with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1) Such bonds a:7e a itnorize('_ for em . ob;;ect or ru-P ose for which said City is not authorized to expend monay, cr 2) The p.r.,v_.sior_s of lc,r wh_ ch should complied with at the date of publication of this resolution are n-t shbst anti:-illy complied with , and an action, suit ox±'"'" proceeding contesting; such validity is commenced within twenty days after the date of pub?li cati on, or 3) Such bonds a.•e authorized in violation of the provisions of the Constitution, Section 7. This resolution; which "akes effect imme(lia,tely, sha.]1 be published in full in The Ithaca Journal, the oaficial ne7•rspaper, together with a Clerk's notice in substantially the form provided in Section 81,00 of the Loccl Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows : William H. Sullivan VOTING Yes Joseph Rundle VOTING Yes Rudolph Saccucci VOTING Yes Ronald J. Nordheimer VOTING Yes Donald Slattery VOTING Yes Mrs. Ethel B. Nichols VOTING Yes Michael A. Robinson VOTING Yes Mrs. Anne Jones VOTING Yes John F. Bangs VOTING Yes Richard Boronkay VOTING Yes Wilmer J. Andrews VOTING Yes Edward J. Conley VOTING Yes Anthony F. Spano VOTING Yes , APPROVED BY THE MAYOR ) Mayor �— August 5 , 1970 FINAL BUDGET PROCEDURE: By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the matter of the adoption of a final budget in December of each year fot the subsequent year, be referred to the Charter & Ordinance Committee and the City Attorney for the drafting or the appropriate local law or resolution, for presentation at the next regular meeting of Common Council. Carried. TRANSFERS: Action was taken as follows to approve transfer of funds requested by the Board of Public Works : By Alderman Rundle : seconded by Alderman Jones RESOLVED, that the following transfers and/or appropriation of budget funds be approved as requested by the Board of Public Works : 1) AMOUNT . $13,000-00 FROM Capital Reserve No. 20 - West Hill Water & Sewer Development TO Capital Construction Account ,- West Hill Water & Sewer Development PURPOSE : Developers in this area require extension of water & sewer lines. Sewer extensions are reimbursed by developers. 2) AMOUNT : $200.00 FROM F-265-6-230 Shop & Equipment - Motor Vehicle Equipment TO F-262-433 Treatment Plant - Travel & Mileage PURPOSE : To provide funds for new employee to attend Water Treatment Plant Operators School. 3) AMOUNT : $3,000.00 FROM . $1,800.00 F265-6-230 Shop & Equipment - Motor Vehicle Equipment - Water ; $1,200,00 G110--6-230 Shop & Equipment - Motor Vehicle Equipment - Sewer TO . $1,800.00 F265-6-250 Shop & Equipment - Other Equipment - Water $11,200,00 G110-6-250 Shop & Equipment - Other Equipment - Sewer PURPOSE : To provide sufficient funds under proper sub-accounts for the purchase of a pipe saw which is on the approved list of Equipment estimated at $3,000,00. AYES: 13 NAYS: 0 Carr;ed -.nd approved. �T August 5 , 1570 WATER STILL: B,r Ald xman Ru:7dle: seconded by Alderman Jones RESOLVED, that the Board of Public Works be authorized to add a distillea water still to the list of autho_-ized equipment in the 1970 budget at an estimated cost of $600.00 to replace an existing ore at the Filtration Plant from funds provided in the current budget. Carried. AUDIT: By Alderman Rundle: seconded by Alderman Jones t,, RESOLVED, that the bills audite,i and approved by the Finance Committee in the total amount of $11,833,97, as listed on ay.dit abstract #8--1970, be approved for payment. Carried. Mayor Johns declared a ten--minut° rece:,s at this point in the proceedings - 9:55 p.m. - upon a request of Alderman And:,•ews . At the end of the recess Mayor Johns called the meeting to order ar in and business was resumed. LOCAL LAWS - BOARD OF PUBLIC WORKS: Alderman Boronkay presented and read a report of the Charter & Ordinance Committee on the proposed local law dealing with powers of the Board of Public Works which were received &id laid on the table on June 3, 1970. It indicated the Committee had no firm recommendatign about their passage but did include certain other recommendations which were acted upon as follows ; By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the Common Council hereby directs that all City department heado .or their �. •authorized -repre8#flte,ttves be required to attend all future meetings of the Council; and further that the Vice-Chairman of the Board of Public Works and/or his designee be re- C°' quired to attend. all future meetings of the Council also in a manner similar to the way Aldermen now attend meetings of the Board. Carried. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the Charter & Ordinance Committee of the Common Council be requested to prepare a Local Law which will modify the City's Charter as it pertains to the composition, terms of office, powers, duties and/or existence of the Board of Public Works with the understanding that such a change might necessitate a public referendum. AYES: 8 - Nichols, Nordheimer, Andrews, Bangs, Robinson, Slattery, Conley, Jones NAYS: 5 - Spano, Rundle , Saccucci, Sullivan, Boronkay Carried. It was then moved, seconded and carried that the proposed Local Laws amending Sections V 5-17 and 5-41 of the Charter, as codified, be lifted from the table for action. By Alderman Robinson: seconded by Alderman Nichols BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 5-17 of the City Charter of the City of Ithaca, as codified, be and hereby is amended to read as follows : The Board of Public Works shall take charge and, subject to the limitations herein contained, have control, subject to the direction of Common Council, of the following departments of the City government, of the property belonging thereto, and of the appro- priations. made therefore : (1) Water, except that it shall not in any manner fluoridate the water under the control of the water department of the City government. (2) Sewers and drains (3) Streets and sidewalks' (4) Creeks and bridges (5) Street lighting (C) Parka (7) Cemeteries .(8) Garbage (9) Public buildings and property, but not buildings or property for use of the fire department (10) Such other departments as may be assigned to the Board under the provisions of Section one hundred and forty-five (5-43) of this act , AYES.: 4 - _4ichols , Nordheimer, Bangs, Robinson NAYS.; - Spano, Rundle , Andrews, Slattery, Saccucci, Sullivan, Conley, Boronkay, Jones Motion Defeated. By Alderman Robinson: seconded by Alderman Nordheimer BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 5-41 of the City Charter of the City of Ithaca, as codified, be and hereby is amended to read as follows : August 5 , 1970 Said Boa--d of Public Works may, --'n behalf of the City, grant to a corporation or individual outside of the City, the right to make connections with the water mains for the purpose of d-.awing -vatter therefrom, and shall fix the prices and conditions therefore , but. the Board shall not sell or permit such use of water if or when thereby the supply or pressure fo- the City -or its inhabitants will be insufficient, and may discontinue or terminate such sale (-):- 1.,se at any t4_0e , huweve.-, such determination of the Board shall be subject to the review and approval of the Common Council. The Common Council may direct the Board to 3e-11 water outside the Cf.ty if the Common Council shall determine the supply of water to be adrquate. AYES: 4 - Nicho)_s , Norlh,jim,-r., B.-mgs , Robin,.on NAYS: 9 - S.-,ano, Rund.-_e , S_'at-'1c:r-j, 9.ccucci, Sullivan, Conley, Boronkay, Jones,.- Motion Defeated. In response to ^_i b,-- Alderman !Vordheimr.r, Attorney Weinstein reviewed the: Court'i,�v decision in favor off the C- ty in the: cast- brought against it recently to force the City to extend wate- & sewer s-.,_,i^es to the Kenilwo,.-th-Tcmpco developments oz Ellis Hollow Road, outside -the city lim".ts. Alderi-par fcrrlheirer congratulat(:d Mr. Weinstein on his successful defense of the City in this matter. LOCAL LAWS - POLICE COMMISSION: Alderman Sullivan explained a lot of controversy had developed about the three proposed local laws dealing with the appointment of three Police Commissioners and related details which were received and laid on the table on July 1, 1970. He recommended they be tabled until such time at least as the Public Safety Com- mittee had a chance to work with the Police Department and its members. It was moved by Alderman Sullivan, seconded by Alderman Slattery, and carried that these proposed local laws be tabled as recommended. BIDS - CUSHMAN POLICE VEHICLE: Alderman Sullivan reported receipt of a bid from Grass Cutting Equipment & Supply, Vestal, N.Y. , for furnishing the City with one 1970 3-wheel Cushman police vehicle for the total net sum of $1,924.00, subject to 2% discount for payment in 10 days and he recommended its acceptance. By Alderman Sullivan: seconded by Alderman Saccucci WHEREAS, bids on a 3-wheel Police Special Truckster type motorcycle to be used as a meter service motorcycle by the Police Department, which were received on August 3, 1970, have been reviewed by the Public Safety Committee of the Council. AND WHEREAS, the Chief of Police has recommended that the low bid submitted by Grass Cutting Equipment & Supply for one 1970 3-wheel Police Special Truckster in the total ne, amount of $1,924.00 be accepted, NOW THEREFORE BE IT RESOLVED, that the recommendation of the Chief of Police be accepted and approved; and that the contract for furnishing the City with one 1970 3-wheel Police Special Truckster be and hereby is awarded to the Grass Cutting Equipment & Supply in the net amount of $1,924.00 in accordance with the terms of the bid as submitted; and that the cost thereof be charged against the 1970 Police Department budget, account A-82. Carried. SPCA AGREEMENT: Alderman Sullivan reported progress on meeting with County officials in an attempt to work out satisfactory arrangements for services now provided to the City under an agreement with Tompkins County SPCA. EDDY STREET COMPLAINTS: Alderman Sullivan reported the Chief of Police had taken action on complaints received about nuisances on Eddy Street and commended him for such action as he had taken. FALL CREEK PARK: Miss Stephanie Corina, Chairman of the Fall Creek Park committee of the Ithaca Youth Council on Civic Affairs, appeared before the Council and explained efforts of her group to establish a neighborhood park for Fall Creek on University land along Lake Street located directly across the street from the Fall Creek House. She asked the Council to endorse the concept, By Alderman Slattery: seconded by Alderman Spano RESOLVED, that the Council endorses in principle the concept of the proposed Fall Creek Park planned by the Ithaca Youth Council on Civic Affairs; and that those responsible for its planning be congratulated for their -effort. Carried. SCHOOL GUARD: Alderman Sullivan presented a letter requesting the City to provide an additional school crossing guard to be stationed at the Lincoln-N. Cayuga Street inter- section. He felt that the present traffic light signal at this location should be ample at this time and promissed to have police patrol cars check the area more closely. 9 -9- August 5 , 1970 MEADOW-CASCADILLA STREET LIGHT: Alderman Slattery presented a petition from residents of the west end of the City adjacent to Meadow Street requesting installation of a traffi light at the intersection of MeadOIT Street and Cas Padilla Street. Alderman Sullivan pre- sented a report by the Police Department indicating that four accidents happened at this location during 1966, four in 1967, three in 1968, four in 1969, and one in 1970. The petition contained approximately 175 signatures . By Alr?erman Slat c, ry: seconded by Alderman Robinson �= RESOLVED, that the pel, tio•i be ref-reed to the Public Works & County Relations Committee. Carried. k WATER SHED SWIMMING: Alderm.n Robf.ns^)n an:'_ Nordh-�imer criticizerl th, rec^nt publicity about the swf_mmi_7g d_meant -.at;_on in t.':,e City's Taster shed area and the use of 40 police officers on over-time. Attorney Weinstoin advvsed this was an administra-Ave problem.. YOUTH BUREAU'S SUMMER P:ZOG_TR,1: Al Term .n Slattery presented and reviewed an outline of current summer youth and recreation program-, being conducted by the Youth Bureau in .luding Kiwanis baseball., baF7ketball' recreation softball, playgrounds, day camps, °,,141 program, arts craft, gymna^ties program, Youth Center ''Tin-can'', Hangar theatre program, hometown ' eautification and Youth Bureau work programs. CITY-COUNTY SERVICES: Alderman Slattery expressed his disappointment because nothing had been done about a resolution adopted March 4, 1970, authorizing the Mayor to request the t* Planning Board of assign its Director to consult with the County and Town Directors to discuss ways and means of combining certain services . He felt the Mayor should take the C initiative and follow this matter up. W COUNTY WATER AGENCY MEETINGS: Alderman Robinson reported on his attendance at meetings of the County Water Agency and indicated he had little cooperation so far: SPENCER ROAD: Alderman .Saccucci felt that the rate paid for water by residents of the Elmira-Spencer Road area should be the. same as for the rest of the City. By Alderman. Robinson: seconded by Alderman Saccucci RESOLVED, that the matter be referred to the Public Works & County Relations , the Finance and the Charter & Ordinance Committee for joint study and report. Carried. COUNCIL MEETINGS: Alderman Andrews presented and read a prepared statement on the conduct of meetings of the Council, which included a,proposed resolution as follows: 'RESOLVED, l.' No .motion. may be acted upon-by Common Council unless it has first been re- viewed by the appropriate committee or complittees—Exception will be made, if a resolution requiring immediate Council action that can not be held over :till the next rsgular meeting, must be presented. Any resolution that I as :been born out of committee and appears on the agenda however, may be considered at the following Council meeting. 2. Each of the standing committee chairmen will at the conclusion of each Common Council meeting announce to the members -the date , time and location of their respective committee meeting or meetings prior to -the next regularly scheduled.Council meeting; and a brief outline of the business to.be cordiirt( A- period :ot time will be made available to any person on Council including citizens of the community to address. themselves to said committee on any, resolutions to be considered by that committee or on any other matter per- taining to the interests of that committee. _3., When a .committee is to consider a resolution referred to it by Council or a member of Council) the sponsor of the resolution and any persons wishing to present arguments germain to that resolution- should be present at that committee meeting. 4. When a resolution does come out of committee and presented at Common Council meeting for consideration, no further arguments. may be presented on the Council floor, except a question in the interest of clarification may be t directed at the person presenting the resolution, and, or in registering ones vote any Council member may speak briefly on.his reasons for casting his particular vote. 5. In the case of a Local-Lati-T being properly presented to Common Council for consideration., it will be the duty of the Charter. and Ordinance Committee to report on the motion at the- next regularly scheduled Common Council meeting while it is laying on the table for the required length of time." - i0- August 5 , 1970 He recommcnd;d that it 'ae referred to the Charter & Ordinance Committee without any dis- cussion at this time Alderman Robinson objected because he felt it contradicted what it suggested, Alderman Oordheimer felt the suggested actions were tLnnece nary and would tend to overbind the Counc__l. He felt also that the Chair possessed great power which should be exercised. By Alderman Andr�wF� : seconded by Alderman Spano RESOLVED, that tb,� forcg-)ing resolution be referr:°d to the Charter & Ordinance Committee for stud-y and report at the next regularly schrdulad meeting of the Common Co?.Mcil. AYES: 10 NAYS: 3 - Rob_-nson, No�^drAimer, Nichols Carried, Alderman Andrews then presented th3 following resolutionsfor referral_ to the Charter & Ordinance Ccmmi.tte^ ,._so: 'RESOLVED, that the resolution piste? on July 1, IS'70 requiring two reetings .of Council each month, be rescinded," 'RESOLVED, that commencing the month of Sept^mbe- , a second Council meet4_ng be h^ld. on the third Wednesday of each month in Common Council Chambers at 7:30 p,m, if it is considered at the Common Council meeting of the first of the month that all of the business on the agenda can not be acted upon within a reasonable length of time. A reasonable length of time being three hours.,, By Alderman Andrews : seconded by Alderman Rundle RESOLVED, that the foregoing resolutiombe referred to the Charter & Ordinance Committee for study and report at the next regularly scheduled meeting of the Common Council. AYES: 11 NAYS: 2 - Robinson, Nordheimer Carried. On motion the meeting was adjourned at 10 :45 p.m. t di Geo. A. Blean, City Clerk liunna Johns, Mayor s COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Feting 7:30 p.m. September 2, 1970 PRESENT: Mayor - Johns Aldermen (12) - Nordheimer, Spano, Rundle, Bangs , Andrews, Robinson, Slattery, Saccucci, Sullivan, Conley, Boronkay, Nichols ABSENT: Aldermen (2) - Feldt, Jones OTHERS PRESENT: Attorney - Weinstein Housing Authority Dir. - Armstrong Chief of Police - VanOstrand Public Works Comm'r. - Golder Fire Chief - Weaver Youth Bureau Director - Cutia Urban Renewal Director - Daley Controller - Russell Building Commissioner - Jones Assistant Controller - Spano Asst. Superintendent of Pub. Works - Hannan Clerk -- Blean Assistant Planner - Meigs Deputy Clerk - Grey All present stood and were led by the Mayor in a pledge of Allegiance to the American Flag, ti MINUTES: Minutes of the preceding meeting were apprpved as recorded by the Clerk. OVERTIME - POLICE DEPT: Donald Weston, Vice-Pies. of the Police Benevaent Association, asked that the Council withhold its decision on the matter of overtime for members of the ' Police Department until the PBA and its attorney had a chance to review the City Attorney's ruling thereon which was expected to be presented later is the meeting. Mrs, Florence Rumph, President of the Taxpayers Assoc. , spoke on the subject by expressing her feeling that only selected members of the department were being used on overtime work. She stated the Association supported the idea of paying overtime to all members of the department required to work in the interest of promotion of safety for the citizens of the City. BALL FIELDS: Mr. Arthur Watkins spoke on behalf of the Ithaca Softball League and re- quested the Council to review the implied intent of the School District to provide ball ground facilities in place of those which existed on Percy Field and the Bergholtz tract which was acquired by the School District from the City in 1956. He cited the lack of such facilities at the present time. Mr. Cutia, Youth Bureau Director, felt that the final development of Inlet Park would help a great, dell in providing some of the required r ball fields. By Alderman Robinson: seconded by AldermanNiehols RESOLVED, that the matter be referred. to 'the.,Yo &'Recxe'dti:on Committee'and the Publi c Works -& County. Relations Committee for joint study with fir.,Vatk ns and othert`with, mutual. ,i4terests ; ' and I that the Committees be authori zed'to'petition the ZchQkl�District for an,explanation of _its"responsibility ,therein; and that a repo'F the. W be jade to this Council within .60 days if possible. " "� "Carried ELMER STICKLER APPOINTMEPIT: The Clerk read a letter from the Superintendent advising that Elmer Stickler, who had been serving provisionally since. Dec. 7, 1969, had passed a Civil Service examination for -the posltionof Building Inspector, He recommended his permanent appointment, effective September 1, 1,970:, at an annual salary 'of.$7,146.00. By'Alderman Nordheimer, 'seconde,d'by. Alderman Boronksy RESOLVED," that E1mez'.Dti cklei be appointed to the position of Building Tns.peetor at an annual salary`of�$7,i46.00 as recommended by the Superintendent; that his .appointment shall.become effective as of September 1, 1970, and that it shall be subject to the usual jzobp,tionary term. Carried. LUTHERAN CHURCH LETTER: The Clerk read a letter from the Lutheran Church expressing gratitude ,and appreciation .to .the Fire Department and .its staff for the job performed in controlling a fire at the church on August 26, 1970. Firemen were commended highly for their competence in controlling the fire, covering the piano and organ to minimize water damage and.,the help rendered in cleaning up the premises after the fire, was put under ` control. . POLLING PLACES: Alderman. Nordheimer reviewed the need to change two of the polling places y in the 5th Ward which were designated at the last meeting. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, -that the resolution dated August 5•, 1970, designating polling places in the City for the year ending October 1, 1970 be amended by designating two polling places in the 5th Ward as follows: FIFTH WARD lst District 402 N. Aurora St. St. Paul's. Methodist Church 3rd District 614 Stewart Avenue Newman Oratory . . Cirri e-.1 _ Sl- ^/�. _.�..►is t C t}n sw� .� `.a i© NessaAe fi)pA ro"_ t,,y rn _uS't 10, 1970. "Please b4 ed-rised that I wish to veto the resolution adopted by the Common Council on August 5 , 1970, authorizing and directing the Mayor to execute a contract for a Community Renewal Program between the City of Ithaca and the Federal Government, which provided for a Federal Grant of $73.,35 + for a grand total of $110,000. My reasons for vetoing this resolution are stated as follows : The purpose of the grant is to provide funds for various studies and surveys of community programs for which there have already been many surveys conducted at taxpayers' expense, but on which very little action has been taken. There have been housing studies, rec- reational surveys, University Ave. area study, Southwest Area housing surveys, Charter Revision, Land Use Studies , the Master Plan & General Plan, and most recently the S.U.D.( study at a cost of in excess of $200,000, of which half the funds were provided by the Community and half by the State Urban Development Corporation. This last survey and study should have been the one to end all surveys in Ithaca. The above studies are on file in City Hall and it is my opinion that whatever results the Community Renewal Program would produce can be obtained by consolidation by the Planners of all the studies presently on file. At my request, the City Controller called Congressman Robison's office to confirm or dis- pell rumors that if we do not execute this contract the City would not be eligible to re- ceive Federal Funds on future projects. The information received was that this contract is not a prerequisite for receipt of Federal Funds for any present or future projects. My veto is issued in the best interest of the City of Ithaca." Signed: H. Johns, Mayor By Alderman Robinson: seconded by Alderman Nordheimer RESOLVED, that the Council hereby overrides the Mayor's Veto of the resolution approving and providing for execution of a proposed contract for a Community Renewal Program, Grant No. NY R-268 (CR)G, between the City of Ithaca and the United States of America pertaining to the preparation and completion of Community Renewal Program No. NY R-268(CN) , dated August 5 , 1970; and that the Council does hereby reaffirm its vote taken on August 5th on said resolution. AYES: 11 NAYS: 0 ,_ ABSTAINING: 1 - Bangs Motion Carried. ANNEXATION: The Clerk reported that the public hearing on annexation of a tract of land on Maple Avenue could not be held on this date because the Town Board did not accept the date. He advised that the Town Board had selected September 28th as an appropriate date and that he had advertised the Joint hearing for that date. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Clerk's action be approved; and that a special meeting of the Council be held on September 28th for the purpose of conducting a Joint public hearing with the Town of Ithaca on the matter of annexation of the area referred to. Carried. AUDIT REPORTS: The Clerk reported receipt ofareport from N.Y.S. Dept. of Audit & Control of an examination of the accounts and fiscal affairs of the City of Ithaca covering the period from January 1, 3.967 through December 31, 1969 and another report for the accounts and fiscal affairs of the Urban Renee, Agency covering the same period. Both reports were ordered placed on file for future reference. OVERTIME - POLICE DEP4''. Attorney Weinstein filed his written opinion regarding overtime for members of the Police Department (copy attached to minutes). He felt that payment for overtime in the pa$ot which appeared to be in conflict with state laws applicable were made in good falfh however. Alderman Sullivan asked that the matter be tabled. Attorney Weinstein felt there was no action to be taken by the Council but instead that it was merely a matter of adhering to applicable provisions of state law by administrative officials of the City. BOND ISSUE - SOUTH AURO STREET PROJECT: Controller Russell presented a resolution, pr pepaaxed byte City's boading attorneys, to finance the South Aurora Street grade crossing elimination project whi.Ch was acted upon as f'ollovr. sa JOHN LOPINTO ATTORNEYS MICHAEL LOPINTO FRED WEINSTEIN 323 NORTH TIOGA STREET ITHACA, NEW YORK 14850 TELEPHONE AREA 607 - 273-2761 Septembet 2, 1970 Finance Committee Common Council City Hall, Ithaca, New York Re: Police Overtime Gentlemen: An opinion as to the following has been requested by you: Inquiry: May overtime be paid to members of the Ithaca Police Dept.? If overtime may be paid during an emergency, what constitues an emergency and who may declare an emergency? (1) Section 971. of the Unconsolidated Laws of the State of New York . provides in its pertinent sections that the commissioner of police, superintendent of police, chief of police or other officer or officers having control or direction of a police force of not less than four members shall not assign ox any patrolman thereof who may be on duty in the open air, on the streets or other public places to more than one tour of duty, not to exceed eight consecutive hours of each consecutive twenty four hours and no patrol-man shall be assigned to more Than 40 hours of duty in any seven consecutive day period- except in an emergency as described in this section. Under the cases and rulings interpeting this section of the law, it has been held that patrolman may not be assigned work for more than 40 hours weekly! that patrolman may 'not be compelled to attend lectures for -periods of time in excess of 8 hours daily or a 40 hour week. conclusion: Since patrolmen may not lawfully work more 40 hours weekly, no overtime may be paid or authorized except in the case of emergencies . (2) The statue defines an emergency as strikes, riots, conflagrations, or occassions when large crowds shall_ assemble, or other similar emergency, or on a day on which an election authorized by law shall be held, or for the purpose of changing tours of duty" . It has been found that a manpower shortage is not an emergency situation- that holiday rush periods do not constitute an emergency. Conclusion: While strikes, .riots, fires, gathering of crowds, public celebrations, election day are emergencies, situations such as traffic congestion, school opening, football games, vacation schedules, etc. would not consititute emergency situations authorizing assignment of pa+-rol_men to overtime duty. (3) In the event of an emergency under which the assignment of patrolmen on overtime duty is authorized, the fact that such pat.rolment may be assigned overtime duty, does not mean that they are authorized to be paid or given compensatory time for such overtime work. They may not be given additional compensation for such work either in the form of pay or compensatory time. However_ , a municipality may provide a plan whereby compensation may be provided for overtime worked in an emergency, however such plan must be adopted by the governing' body prior to the time such overtime is worked and may not be adopted or approved retroactively. If a patrolman is required to work durinq his vacation period during an emergency, equivalent time off shall be given within six months . (4) The power to declare an emergency is vested in the chief executive of the city, the mayor. In the absence or disability of the Mayor, such power would be in the Acting Mayor. Respectfully, Fred Weinstein, City Attorney Section 971 of Unconsolidated Laws Section 90 of the General Municpal Laws Trim v Milham, 42 Misc.2d 348 Demfort v Town of Fallsburqh, 19 A.D,2d 939 16 Op. State Comjbt. 168 Op. State Compt. 68-655 1965 Op. Attorney General (inf) April 6 1967 Op. Attorney General (inf) Dec. 11 18 Op. State Compt. 460 Op. State Compt. 67-730 20 Op. State Compt. 76 Op. State Compt. 67-915 P.B.A, v City of New York 54 Misc.2d 407, affd. 30 A.D.2d 642 Section 8-76 of Ithaca Code -3- September 2, 1970 BOND 12BSOLUTIO1' Dt:TFn SEPTET DER 2-,---1970 A RESOLUTION AUTHORIZING THE ISSUANCE OF $25 ,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE REGRADING, RE-ALIGNING AND s,?IDENING OF SOUTH AURORA STREET IN Ai D FOR SAID CITY. By Alderman Rundle: seconded by. Alderman Spano BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The specific object or purpose to be fivanced pursuant to this resolution is The regrading, re-aligning and widening of a portion of the 800 block of South Aurora Street in and for the City of Ithaca, Tompkins County, New York, including incidental improvements in connection therewith. Section 2. The maximum estimated cost of such specific object or purpose is $25 ,000, and the plan for the financing thereof is by the issua-ice of $25,000 serial bonds of said City, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness applicable to the aforesaid specific object or purpose is five years , pursuant to subdivision 20 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming_due and payable in such year. There shall annually be levied on all the taxable real property in said City a, tax sufficient to pay the principal .of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize The issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section .6. The validity of such bonds may be contested only if: 1 Such,bonds are authorized for an object or purpose for which said City is not autho- rized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suitor proceeding contesting such validity is commenced within twenty days after the date of publication,. or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows : William H. Sullivan VOTING Yes Anthony F. Spano VOTING Yes Rudolph Saccucci . VOTING Yes Joseph Rundle VOTING Yes Donald Slattery VOTING Yes Ronald J. Nordheimer VOTING Yes Michael A. Robinson VOTING Yes Mrs. Ethel, . Nichols VOTING Yes John F. Bangs VOTING Yes Richard Boro aye V ING Yes Wilmer J. .Andrews VOTING Yes Edward J. Co ey YOTING Yes �l APPROVED BY THE MAYOR — September 2 , 1970 _ ` ar SALE OF CITY-OWNED PROPERTY: Controller Russell reported that a property owner on North Albany Street wished to purchase a parcel ,of city.-owned land, located at 519 N. Albany St. and that the Finance Committee had reviewed the matter and recommended that the property be offered for sale and returned to the Tax Roll. I -4- September 2, 197C .I. �;�:f.^r.=cai Randl-r seconL9*- 3 toy Idervlan Spano WHERE S, a request has been .received for toe purchase of a parcel of City owned land located at 519 N. Albany Street by a property owner of adJacent property, NOW THEREFORE BE IT RESOLVED, that the premises shown on Map 50, Block 3, Lot 30 of the City Assessment Maps, measuring 47.3 x 33 be sold at public auction under the direction of the City Clerk. No bid for less than $200.00, the assessed value thereof, plus the cost of advertising this sale , will be accepted. The right to reject any or all bids received is reserved and, BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to advertise for bids and hold an auction of said premises; and he hereby is directed to refuse any bid for less than $200.00 plus the cost of advertising this sale , and he is further directed to include such limitation in his advertisement for bids, and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and hereby are authorized to execute a Quit Claim Deed of said property to the successful bidder. AYES: 12 JAYS: 0 Carried. V REVENUE ANTICIPATION NOTES. Controller Russell requested authorization to borrow money for operating expenses in anticipation of revenues to be collected during the balance of the current fiscal year. By Alderman Rundle : seconded by Alderman Spano RESOLVED, that pursuant to Section 25 of Article 2 of the Local Finance Law of the State of New York, the City Controller is hereby authorized to borrow money in the name of and on the credit of the City of Ithaca for current City expenses normally paid out of Sales Tax revenges of the City, by the issuance of a negotiable note or notes in an amount not to exceed $500,000.00 and that such note or notes shall be issued in amounts as may be needed in anticipation of the collection of City Sales Tax for the current fiscal year of 1970 with local banks at an interest rate of not to exceed 5 .5% and, BE IT FURTHER RESOLVED, that the full faith and credit of the City of Ithaca hereby are pledged for the payment of and retirement of such temporary Revunue Anticipation Loans before the close of said fiscal year out of revenue received for the currect fiscal year. AYES: 12 NAYS : 0 Carried and approved by Mayor. TRANSFERS: By Alderman Rundle : seconded by Alderman Spano RESOLVED, that the following transfers of funds within 1970 budget accounts be approved: AMOUNT $2,200.00 FROM Account A101B-341 - St. Maint. - Hwy. - Gravel Base New Streets TO Account A106-314 - Bridges - Constr. Material & Supplies - $1,900.00 A106-312 - Bridges - Equipment Parts & Supplies - 300.00 PURPOSE: Due to conditions of various bridges, more materials needed than originally budgeted. AMOUNT : $400.00 FROM Account A109-407 - Traffic Control - Contractual Services TO . Account A109-418 - Traffic Control - Equipment Maintenance PURPOSE: Maintenance of traffic lights AMOUNT $100.00 FROM A23-411 - City Court - Printing TO A23-310 - City Court - Office Supplies PURPOSE: To cover deficiency in Office Supplies account AMOUNT $6,000.00 FROM F290-650 - Water Fund - Contingent Account TO F262-315 -- Water Treatment Plant - Treatment Supplies PURPOSE: Unusually high demand both in quantity of water & treatment requirements „ AMOUNT $600.00 FROM F290-650 - Water Fund - Contingent account TO F260-2-402 - VanN att a Water Pump Station - Utilities PURPOSE: 1970 Budget Estimate too low W -5- September 2, 1970 ,'MOUNT : $400.00 FROM F290-650 - Water Fund Contingent Account TO F260-10-101 - Coddington Rd. Pump Station - Personal Services - $150.00 F260-11--101 - Troy Road Pump Station - Personal Services - $250.00 PURPOSE: Demands on these accounts are greater than anticipated 14OUNT : $12,000.00 FROM F290-560 - Provision for Cap. Projects $2 ,500.00 F290•-650 - Water Fund Contingent Account - $9,500.00 TO F263-2-101 - Service Account - Labor PURPOSE: Demand greater than anticipated AMOUNT $3,920.00 FROM F290-650 - Water Fund Contingent Account TO F260-6-402 - Cliff Street Pump Station - Utilities - 500.00 F263-2--302 R- Service !'account - Materials & Supplies - 3,000.00 F265-4-433 Meter Section Travel & Mileage - 120.00 F265-5-402 - Water Building -- Utilities - 300.00 PURPOSE: Costs running higher than anticipated C AMOUNT : $4,780.00 -' FROM , G290-650 - Sewer Fund Contingent Account TO , Gllo-4-433 - Meter Section - Travel & Mileage - 80..00 G110-5-402 - Water Building - Utilities 200.00 G113-402 - Sewage Treatment - Utilities - 4,500.00 PURPOSE: Costs running higher than anticipated Carried. COLUMBIA STREET BRIDGE: Alderman Rundle reported the Finance Committee recommended v approval of an additional $25,000.00 to finance increased costs of the Columbia Street Bridge as requested by the Board of Public Works. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the sum of $7,500.00 from Unappropriated Surplus in the Water Fund, $7,500 -"- from Unappropriated Surplus in the Sewer Fund and $10,000.00 from Capital Reserve Fund No. 4 - Bridges, making a grand total of $25,000.00 be and hereby is appropriated to the Capital Construction Account for Columbia Street bridge to finance increased costs of this project as requested by the Board of Public Works. AYES: 10 NAYS: 2 - Robinson, Nichols Carried. Alderman Nordheimer expressed his concern about the number of bridges which had exceeded cost estimates of. the City's consulting engineers and suggested that in view of this the Board of Public Works should re-examine-the qualification of its consultants . V BIDDING PROCEDURES: Controller Russell reviewed recent procedures of the Dept. of Public Works used in renting of trucks to haul cover material for the old city dump. He felt it should have been done by competitive bidding. Attorney Weinstein ruled that bidding was not required and Asst. Superintendent Hannan reviewed procedures whereby municipalities were permitted to hire equipment within rate- schedules approved by N.Y.S. Dept. of Public Works. By Alderman Robinson: seconded by Alderman Rundle RESOLVED, that any expenditures of funds for Public Works projects which shall exceed the sum of $2,500.00, except for professional oontracts, shall be subject to bidding procedure. AYES: 8 - Spano, Rundle , Bangs, Andrews Robinson, Slattery, Saccucci, Nichols NAYS: 4 - Nordheimer, Sullivan, Conley, Boronkay Motion Carried. BIDS - VOTING MACHINE: By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that the Clerk be authorized to advertise for bids on one new voting machine to replace an obsolete one. . Carried. AUDIT: By Alderman Rundle: seconded by Alderman Spano ✓ RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $16,412.10, as listed an audit abstract #9 - 1970, be approved for payment. Carried. 1 -6- September 2, 1970 Upon the request of «ldermen, Mayor Johns declared a five-minute recess in the proceedings at 9:10 p.m, At the end of the recess the Mayor reconvened the meeting. FLAG DISPLAY: Alderman Nordheimer reported there was no encroachment fee for display of the American Flag itself and exp-2cted the matter would get further careful scrutiny in revision of the City's zoning ordinance. MEETINGS: Alderman Borankazr reminded the k1dermen that action had been taken at the last meeting that would re(ju-_re two meetings per month after September 1st and that since then a special meeting had been deemed necessary on Sept. 9th and another required on Sept. 28th as indicated by the Clerk earlier in this meeting. He therefore recommended spensing with the one r ctieduled for Sept. 16th. ;.lderman Nordheimer^conZurrad with o7%� ispensing with the meeting on Sept. _'.6th, but felt that two meetings per month until th end of the year were necessary. *`"****Please see page 8 fo_ resolution I AYES: 9 NAYS: 3 -- Nichols , Nordheimer, Robinson Carried. ENVIRONMENTAL COMMISSION: Alderman Boronkay distributed copies of a proposed Local Law creating an Environmental Commission and it was reviewed briefly by the ey. By Alderman Boronkay: seconded by Alderman Robinson pL°• Noao eigsR RESOLVED, that the proposed Local Law relating to the establishment of a commission for conservation of the environment of the City of Ithaca be received and laid on the table for action at a subsequent meeting. Carried. BIDS - RADIO LVIT: Alderman Sullivan. reviewed the terms of a bid received on August 28th from Motorola Communications & Electronics Inc. for furnishing the Police Department with equipment as follows : 2 - Solid State Select Call Handi-Talkies with accessories $ 12688.00 2 - Ni-Cad batteries 10+.00 1 - Quick Rapid Charger 94.00 $ 1,886.00 It was the only bid received on this equipment and he recommended its acceptance. By Alderman Sullivan: seconded by Alderman Slattery RESOLVED, that a contract be awarded to Motorola Communications & Electronics , Inc, for furnishing the City Police Dept. with motorcycle radio equipment for the total sum of $1,886.00 in accordance with the terms of its bid. Carried. SWIMMING FACILITIES: Alderman ATE recommended approval of a request from the Board of Public Works that it be authorized to make a study of swimming facilities in the City. Alderman Nordheimer registered his objection since he felt this was a function of the Planning Board. By Alderman Robinson: seconded by Alderman Nichols RESOLVED, that the Council approves the Board's request that it make a study of swi-.ximing facilities in the City with the understanding that it be done with its own personnel and at no additional cost to the City. AYES: 11 NAYS: 1 - Nordheimer Carried. ✓ MEADOW-CASCADILLA STREET LIGHT: By Alderman Robinson: seconded by Alderman Saccuccl RESOLVED, that the Superintendent and City Attorney be requested to petition N.Y.S. Dept. of Transportation for installation of a street light at the intersection of Meadow Street (Rt. 13) and Cascadilla Street. Carried. NO. 9 FIRE STATION BLDG. Alderman Robinson felt there should be no action taken at this time to sell the old No. 9 Fire Station property on College Avenue or until such time as development plans for the Collegetown area were finalized. Mayor Johns felt it should . be sold, rehabilitated and returned to the Tax Roll. ' By Alderman Robinson: seconded by Alderman Slattery RESOLVED, that the Planning Board be requested to re-examine the matter and report thereon to the Council in the next 60 days if possible. Carried. STEWART PARK DETENTION FACILITY: By Alderman Robinson: seconded by Alderman Slattery RESOLVED, that the matter of maintaining the Stewart Park detention facility be referred to the Chief of Police for study and report thereon to the Council in the next 60 days if possible. Carried. 5 SSUM PROVISIONS FOR A LOCAL LAW TO ESTABLISH A COMMSSIhYP6 - CONSMATION OF THE ENVIRONMENT IN A CITY, TOWN OR VILLAGE I j:CiCAI LAW relating to the establishment of a commissicn for 6bneer7ation of the environment of the City ( ity, Tesm.4111age) of Ithaca Be it enacted by the Common Council ( s n ) of the City (C . ) of Ithaca as followers Section 1. le igielativo Intent. The preservation and improvement of the quality of the natural and man-made environment within the City ( ) of Ithaca , in the face of population growth, Urbanisa- tion, and technologic change with their accomparging demands on natural resoureesi is found to be of increasing and vital importance to the health, welfare and economic well-being of present and furture inhabitants and require fort.hriErht action by the governing body of the city ( e) of 1 til��ca tv . It iQ recognired that the ecologic integrity of the natural enviftnment or? -which b nan is dependent for survial and the natural, and functional beauty of o+-ir ecarrcurdings which condition the quality of our life experience cannot be protected without the full cooperation and participation of all people of the city (fttr,—rMrff, working in partnership with local and state officials and with barioun public and private institutions, agencies, and organizations. Es�ttablichment of a commission for the conservation of the emrironment s a Necessary step in fostering unified action on environmental problems. t •�. '-fi TH` .: 7u R.'�.r 1+ i 7 a q; .:w �v�' ..,,A, .. sr.. n...R-,.. ., U ...., ,,, xF P' .-�a"'fi � h; Secti.cn 2. EertabIiehment of the Cormiession. The Common Counc°. 1 cf tte City- of Ithaca `hereby creates a cor,-,missicn which shall '} a t: known as the Ithaca ( , , ) Commission nor Coneervation of the Environment, hereinafter called the commiesj.on, seet;on 3• Membership. (1) The commission shall, consist of 15 member e1-1;*.M3VO r�4. -.0 1-6 ,a P4`1nv�Qt- b-,/ � r of which E shall_ be voting membera appointed by { ;enCorrmcr. Council anc? the remainder r r. esh31 be ear-officio members sa provided herein. The first thre> rer^bers appointed ehhll hold offl cR for a term of tiro years, The second three memberp 2ppointed shall hole! office for a tern of four years and the seccesaors of all six initial appointees eahll be ap. .rxiinted for full terns of four years. Persons re within the City k of Ithaca who ere interested in the improvement and preservation of en environmental _ quality ehall be elipible for appointment as a member of the Commission. All i ner!bers of the commission shall have reached their sixteenth birthday on the day . their appointment takes affect and at least one voting member of the commission shall not have ruched his (her) Tientyseeond birthday. Vacancies on trQ f co:mziesion shall be filled in the same manner as the oripiral appointee: except that a vacancy ocurring other than by the expiration of the term of s office shall be filled only for the remainder of the unexpired term. (2) The Mayor, two Aldermen as selected by Common Council, the City Attorl-. the Chairman of the Planning Board, the Vice-Chairman of the Board of RibliG Works t„ the City rlerk, a member of the Fayorts Citizens Advisory Co- _ttee as elrctF3 by that cc�:rmittee, a City member of the County Board of Representatives as arj:ointtd j I k. the hoard of Representatives aid other officials that may be hereafter designated t by the Common Council shall be ex-officio members of the commission and si.r_i retain etzch membership until the expiration of their tern of of�ice. ' Section 4* Officers, Meeting and Committees. At the first. meeting of the commissions, its members hhall elect from among themselves a chain-,err.. The The City Clerk, or a person designated by him shall act as record+.rg secretar-yT. L ...... .a:d.. .... ...._.._.... .:.:....... .. .tip.:..._... ... :.. . .. .�i.;:.. _. .-... -....:: .: .-.._.- .:._v.._...__r__....�... ._.- _ _......� Yv 9 i commietion shall adopt rules and procedures for its meeting. It hhall keep accurate records of its meetings and activities and shall file an annual report as provided Y, T a in section six of this Local Lax. `a Section 5. Pagers and Duties of the Commission. The powers and duties of the commission shall, be to: k j (l) Advise the Common Council (Cowen C on matters affecting preservation, development and use of the natural and man-made features and conditions of the i ^' City ( ) insofar as beauty, .j quality, ecologicintegrity, and other environmental factors are concerned, and in the case of man's activities and develo 3 pmertts, with regard to any,'major threats posed to environmental quality., so as to enhance the long range value of the environmen± to the t. people of the Cites C+ (2) Develop and, after receiving general approval by resolution of the Common Council (ComoA CpUA¢ Ttn-gsardt-pi° P� of conduct a program of public information in the comiunity which hall be designed to foster increased un<'nr,�tanding of the nature of environmental problems and issues and support for their solutions. (3) Conduct studies, surveys, and inventories of the natural a-U? man- made features within the �._ City , , ) of Ithaca and such other studies and surveys as may be necessary to carry out the general purposes of this Local Us (J�) Mintain an up-to-date invntory or index of all open spaces in public or private ornerahip within the municipality, including but not limited to natural landmarks, glacial and other geomorphic or physiographic featureaj streams and their flood plains, swamps, t. marehlande and other wetlands; unique bi oti: -�:r.-7,,n!tie s; erPnic end other open areas of natural or ecological value and of the ownership, present use and proposed use of such areas, ego as to provide a tare of information for recommendations by the commission for their pre;erva.ion use. t5) Sdek to coordinate, assisto and unify the efforts of private groups, k i tion and individuals wit!-.i n the City �a 1 hat to a, s s 4�) o- Ithaca in accord with the purposes of this Local Law. (6) Maintain lialcon a.A communications with 1r1blic an!3 private agencies and organizations of local, stato and national scope J whose programs and activities have an impact on the quality of '. I. the environment or which can be of assistance to the cor+.miscione NOT31 8►>eeific requests may be made to local organiza+ cns to designate onr of their members as liaison officer to the commi nden. Working in cooperation with the planning board, reommPnd from time to time to the Common Council (.rcm,=r Co�r�'►1 ) features, plane, and programs relating 4<' to env tonmentalti liTrovemant for inclusion in the master plan of the City (Cit3c,?tt1a, yi—1 of Ithaca ... .. �� r similarly, reco. nd to the Common Council(CORMe R appropriate and desirable changes in existing local laws and ordinances relating tc rwron- mental control or reeonmend new local laws and ordinances. (8) Prepare, Print, and distribute books, maps, charts, pamphlot:s in accord with the purpose of this local laws. (9) Obtain and maintain in orderly fashion maps, reports, pocks, Wr1yg K.t "117 y W �p y ti ^' and other publications to support the necessary researches cf the commission. (10) When authorized by resolution of the Common Council ( - C of Ithaca P the commission ma# accept by gift, grant, devise, bequest, or otherwise, property both real and personal in the name of the ( ) City of Ithaca as may be necessary to coneerre and otherwise properly utilise open spaces and other land and grater resources within the boundaries of City (C{+.- Tiwr� vav�.�e_"�_ -t..aca . 2hch real property may be accepted in fee for land and water } rights, or as any lesser interest, development right, easement, including conservation easement, covenant, or other con" :.tual rtrht including conveyance With lisritations or reversions. MITE: nder the above provision, the commission may accept g .ranto but only upon authorizati he governing . f a purchase is c ved the power to make such purchase , otiation or condemnation, is vested in the go ng Although the cor7n.5-s sion does not have a power to make pu es, they be made in rdance with the provisions of e as icable to the City, T i (11) Carry out such ether duties as may be assigned from time to time by the Ccmmon Council (Gam-an C,o,,,,, 1 TGWR rc, vii Section 6. Reports. The commission shall submit an annual report + the Cn.�rnon CctIC;1 ( ) v. not later than the first day of April (invert others date 19 de o4 rad) of each years concerning the activities and work of the commission and from titre to tine shall submit such reports and recommendations as may be nee Lar7 to fulfill the purposes of this Local Umo iOfiww.+'w.s�.' ° .:. + w,+.i12,..:A.:".i:S-r+ t'A:;.:t,.,. aa4Y+�.` " ".s"aa ' i, ,., k.>,..�{s, •rY.i�...+iW►w....,s...,.rrc,.t;$a:. ,._x_..a... ,.d:+.• a.: wi.J�aYAbit Err\ Y* , a Se^ticn ?• pudget. The Corr ce on shall submit to the Cormor_ Council in a manner prescribed by the comptroller a request for funds including all allocations for aervicee performed by members of other departments* tac!ion . Cae,ensation and Expenses. The members of the commissicn, including ex-offico merbere, shall receilte no compensation for their services as members thereof br-J. nay he reimbursed for reasonable and necessary exT ensees incurred In the performance of their duties within the apprcpriaticns made available therefor. h'Oi • The go body of a municipality my appropriate fb ' the expenses incurred by a commission, including limited to expenses for ssional staff, consultants, cal ass ce, and printing and distribution of public The commission should prepare and submit a al budge the manner prescribed try the governi ody. The governing bo , on request by the ca @lion, also may from time to time an r deli d purposes, assign or detail public employes to r perform work for the commmission. Section 9. Coertraction. This Local law shall be constnzed as an eyerAise of R the powers of the ^; t,r (City '",wn °•41are) of IIthaca to , rve F, and improve the quality of the natural and man-made environment on behalf of the present and future inhabitants therof. This Local Law is not intended shall not be deemed to impair the powers of any other public corporation. .Section 10. Effective Date. This Local Lgu @hall take effect on Jan. NOTE cific date on which the Lacal Laic shfl?? c' should a re. Thi .ould ;-1 subsequor-1 tis date the Local e b - ti e provision. of Min :xome Rule La's, 27• o1 WJ .f.H.` .��.1�LK3�w&rAbs.,,i.i.A+dU�, .,.i^+ 1rd��ia:'.aaa»;6.X.MyYrwiOWi�i...`taic.... v WA+I�b.•yew+9,W.wpy'+s.arh.i.i..:s.+u..w'k,.i.c�..,sr_.ws:...tm+...R....�'..x:+a�:i,.;�,w`Sk.7:,rmi.•w52L... � Soptember 2, 1970 SPENCER ROAD WATER RATES: r derman ..Robinson reported 'he Public Works Committee rec- ommended that the water rate; for the Spencer-Elmira Road area which was annexed to the City effective: Jar_ua_,y 1, 1958, >'.hould be returned to normal city rates as of January 1; 1971 if possible, Some concern was expressed as to the effective date of such a change and in response Mr7, .. R-umph stated she represented the majority of home- owners it the area and could rcliabl;T „ay that they would be satisfied to return to normal rates at this tame aitb.(,ut makirg any claim to have the rates made retroactive By Alderman. Rohins:)n: seconded by Alderman Saccucci RESOL'JLD,, that th matter_ be -^efe: red to the City Attorney for study and report back to the Council. by SeptPmaer 28th if pos.=i'-le. Carried. EDDY STREEL tcei^man Rot,in' cn rc Arta(' ti r: e Ccr �.ttee felt that the Dept. of Public Works was making "evexj eff--rt -t,o. ' °^p the Eddy Street area as clean as possible and that the Police Department likovice *ryas aivir.- the area constant supervision in an effort to control tr:9ffic and oche:^ area problems. Alderman Nordheimer suggested the Council direr;, the Supt- to report on the cost of a "dumps ter'' garbage pickup service to city bi sin,�sses. 11, motion by Alderman Nordheimer that the Public Works & Col-nty Relations and the Char-ter & Ordinance Committee study the; possibility of establishing a fee far "such service to be paid by individuals or organizations getting perpetual trash collections failed for lack of a second. TOMPKINS COUNTY WATER AGENCY: Alderman Robinson reported again he was continuing to receive little cooperation from the County Water Agency. He read a letter he had re- ceived from Edward P. Abbott, a member of the Board of Representatives and Chairman of the Cayuga Lake Basin Board, recommending that the Council recognize the ,fact that drastic action was needed to relieve the water shortage for suburban areas. By Alderman Robinson: seconded by Alderman Nordheimer RESOLVED, that the Common Council of the "City of Ithaca hereby requests the Tompkins County Water Agency and the Tompkins:County Board .of Representatives to underwrite all expenses, both direct and indirect, involved in locating and developing an interim source of water .to serve the community until the long-term plan can be implemented since it is the feeling that all of this water will go to serve areas outside the limits of the City of Ithaca. Unanimously Carried. URBAN RENEWAL REPORT: Urban Renewal =Director, Daley reported that Mr. .Abbott was con- tinuing his negotiations for the location of a-J.C.. Penny Department store in the hotel block and expressed his hope that this would be solved soon since it was the key to J ultimate development of this area. He reported also that N,Y.S-. U.D.C. had completed its working. drawings" for the East Green Street Parking- Ramp. Gar,age. AURORA STREET LIGHT: =A resolution be Alderman Boronkay -requesting the Public Works and Public Safety Committee to study the need of a traffic light on S. Aurora Street at its intersection with Hillview Place failed for. lack of a second. ELLIS L. PHILLIPS: By Alderman Nichols : seconded by Alderman Nordheimer RESOLVED,, that the Common Council hereby welcomes Mr. Ellas L. Phillips, new President of It}zacs. College, to Ithaca coTM m mity _ d"extends. hi„ cordial. invitation to mcct with the Aldermen and discuss mutual problems . Carried.. TREES: Alderman Slattery wondered if the Board of Public Works had a definite program for.replacement of the many trees being cut:.down throughout .the City. ` By Alderman Slattery: seconded by Alderman Robinson RESOLVED; that. the, matter be referred to the Finance Committee for consideration in its budget .deliberations. Carried. BPdJGAI4ING AGENTS' AGREEMENTS: Controller Russell, Chairman of the City's negotiating committee' expressed his deep concern at the even-increasing cost of the City's,total payroll. He felt the Committee should have some direction from the Council regarding this matter before commencing its deliberations with bargaining_agents for the coming year. By Alderman Robinson: seconded by ,Alderman Boronkay RESOLVED, that the Council go into exec,utive. se.ssion .for a discussion of the matter. _ Carried. EXECUTIVE SESSION: The Council went into executive session at 10:45 p.m. and listened to Mr.. Russell and Mr. Daley, both members of, the City's Negotiating Committee, explain in detail the City's strained financial condition brought about by increased payroll costs which indicated an increase in the tax rate of several dollars per thousand next. year. Discussion centered around the elimination of the merit increments phase of the Compensation Plan and a 10% cutback in payroll. costs . September 2 , 1970 CODE fl-ENDMENT O. 7 1970: By J'Llderman Robinson: s, conded by Alderman Nordheim�r BE IT ORDAINED BY THE COMMON COUfiCIL OF THE CITY OF ITHY-U, NEW YORK, and it hereby is ordained by authority of the same that the Code of Ordinances of the City of Ithaca be amended by deleting from Article II thereof the fol-loving sections each in their entirety- Sec. 8-20 Annual work performance increments Sec. 8-21 Longevity increments EFFECTIVE UPON PUBLICATION 0—W i YES: -1-2 iqj';Ys: 0 Carried and approved by Mayor, By Alderman Nordheimer: seconded by Alderman Robinson RESOLVED, that the Common Council hereby requests adl department heads , excluding the Fire Chief and Chief of Police, to make a report to this Council at its October meeting on what effect a 10% cut in their respective payroll budgets for the year 1971 would have on their respective operations . Carried. On motion the meeting was adjourned at 11:25 p.m. y. Blean, City Clerk 11unna Johns, Mayor "Resolution from Page 6 By Alderman Boronkay: seconded by Alderman Nichols RESOLVED, that the Council requests the Mayor to call a special meeting of the Coi,:ncil on Sept. 9th for the purpose of discussing an amendment to the tri-party 'agreement and related details regarding the devIopzwe-nt of Inlet Park, that he be requested to call another special meeting on Sept. 28th with the first part being_devot4d to a joint public hearing with the Town Board of the Town of Ithaca on the proposed annexation of a tract of land on Maple Avenue and the balance of the meeting to discuss such other city matters as may properly be brought before the Council; and further that the meeting scheduled for Sept. 16th be cancelled. 19 COMMON COU1`ICIL PROCLEDI IGS CITY OF ITHACA, AEW YORK SPECIAL MEETING 7:30 p.m. September 9, 1970 PRESENT: Mayor - Johns Aldermen (13) - Spano, Rundle, Andrews, Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, W ordheimer ABSENT: Alderman Bangs OTHERS PRESENT: ' -w Attorney - Weinstein Youth Bureau Director - Cutia Chief of Police - VanOstrand Bd. of Zoning Appeal Member - Bentkowski Fire Chief - Weaver Controller - Russell Supt. of Public Works - Dingman Assistant Controller - Spano ?s Building Comm°r. Jones Clerk - Blean Assistant Planner - Meigs INLET PARK DEVELOPMENT: Mayor Johns announced this special meeting had been called to discuss the development of Inlet Park and called upon the Controller who reviewed the project in detail. Mr. Russell advised that escalating construction costs indicated an additional project cost which would amount to $843,992.00 and which would have to be financed entirely by the City unless additional matching of state and federal funds could be secured in which case the additional cost to be financed by the City would amount to about $422,000.00. He also revealed that if the project was abandoned, state and federal advances for this purpose would have to be refunded by the City. Supt. Dingman advised that while construction could start this Fall, there would be no swimming there in 1971 but possibly in 1972. He cautioned against any panic action by the Council at this meeting. Youth Bureau Director Cutia pointed out the desperate need for swimming, ice skating and ball-field facilities . Persons who spoke in favor of completing this project as soon as possible included: Mrs. Roger Livesay, representing . ;f the League of Women Voters, Mrs. Serena Ward, representing the Aquatic Booster Club of Great 7r Ithaca, and John Gutenberger, 212 Delaware Avenue. Mr. John Bentkowski , 108 Treva Avenue, opposed the project because he felt the site was the worst possible one upon which to construct a swimming pool and ice skating rink. He told the Aldermen he ` had up-to-date studies regarding the project including various facts and figures which he- offered to the City. Mr. D. B. Lee, 711 E. Seneca Street, urged that present plans be scrapped and that the entire area be developed into a trailer park for tourists which he estimated could accomodate 500 trailers. He also suggested the construction of a rock dike from the Liberman Marina on the east side across the lake to a point on the west shore to form a sheltered lagoon for swimming and ice skating. He felt that the Flood Relief Channel should be developed for swimming. A lengthy discussion ensued during which all aspects and various alternatives were debated pro and con. Mayor Johns ex- pressed his feeling that the Town of Ithaca and County of Tompkins should be required to participate in funding of the project because the facilities would be used by a large percentage of Town and County residents who pay no city taxes. After everyone had an opportunity to be heard, Mayor Johns declared a five-minutes recess in the proceedings at 9:30 p.m. At the end of the recess he reconvened the meeting. By Alderman Robinson: seconded by Alderman Andrews RESOLVED, that the Council hereby authorizes John L. Russell, City Controller, to act as supervisor of the project and gather all information including, but not limited to, all pertinent financial information relative to the funding of the Inlet Park Development Project, and BE IT FURTHER RESOLVED, that he be authorized to attempt to persuade federal and state officials concerned with the project to appear before this Common Council for the purpose of explaining all psssible alternatives regarding the project, and BE IT FURTHER RESOLVED, that he be instructed to seek out all possible avenues of financial assistance to the City for this project which shall include but not be limited to Tompkins County Board of Representatives; and that he be instructed to report his findings regarding this project back to the Council within 45 days. Unanimously Carried. On motion the meeting was adjourned at 9:35 p.m. Geo. A. Blean, City Clerk na Johns , Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. October 7, 1970 PRESENT: Mayor - Johns Aldermen (14) - Spano, Rundle, Bangs, Andrews, Robinson, Slattery, Saccucei, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer OTHERS PRESENT: Attorney - Weinstein Assistant Controller - Spano Chief of Police - Van Ostrand Chamberlain - Wright Fire Chief - Weaver Clerk - Blean Supt, of Public Works - Dingman Deputy Clerk - Grey Assistant to Supt. - Dougherty City Prosecutor - Paul Tavelli Youth Bureau Director - Cutia District Attorney - Matthew McHugh Acting Planning Director - Meigs All present stood and were led by the Mayor in a pledge of allegiance to the American Flag, JAMES CONLEY: By Alderman Bangs: seconded unanimously by the other Aldermen WHEREAS death removed from our midst, on September 29, 1970, James Conley who had served ' with distinction as Ithaca's chief executive during 1946 and during his life had served his community in many other civic official capacities including Supervisor of 3rd Ward, Commissioner of Public Works and Chairman of its important Water & Sewer Committee; and WHEREAS, his education, training and knowledge of city affairs made him a very valuable city official, recognized by all who were privileged to serve with him, and combined to make him instrumental in the completion of many and varied public works projects for the betterment of this community, and WHEREAS, it is the unanimous opinion of the Common Council that Jim Conley served the City of Ithaca faithfully and conscientiously and gave unstintingly of his time and efforts in a genuine effort to help solve all of the city's problems coming to his attention, and to promote the cause of good government; and WHEREAS, it is the sense of this Common Council that in his passing away Ithaca has lost one of its particulary singular citizens, NOW THEREFORE BE IT RESOLVED, that this Common Council wishes to convey its sympathy for this loss to his family, his associates and the Community who are indebted to him for his tireless efforts made in behalf of the cause of good government; and BE IT FURTHER RESOLVED, that, as a tribute to his memory, this resolution be spread upon the minutes of this session; and that a copy thereof be transmitted to his family. UNANIMOUSLY CARRIED. MINUTES: By Aldermau Nordheimer: seconded by Alderman Spano RESOLVED, that the minutes, dated September 2, 1970, be amended to reflect the following corrections: Page 6 - MEETINGS - Alderman Nordheimer did not concur with dispensing with the meeting on Sept. 16th. . . . . . . . . . . . . . . . . ENVIRONMENTAL COMMISSION. . . . . .and it was reviewed briefly by Alderman Nordheimer SWIMMING FACILITIES: Alderman Robinson recommended . . . . . . . . . . . . . . . . . and that the minutes as thus amended be approved; and further that the minutes of the special meeting held on September 9, 1970 be approved as recorded by the Clerk. Carried. HEARING OF PERSONS: Mr. Saperstone spoke in opposition to a proposed 10% cut in the City's payroll for 1971 which he felt would cause some employees to lose their jobs at a time when the unemployment rate in the City is the highest in 25 years. Mr. L. H. MacDaniels, 422 Chestnut Street, spoke in favor of a proposed Local Law to create a local Environmental Commission, and urged its adoption. Mrs. Florence Rumph, Pres. of Tompkins County Taxpayers' Ass'n. , opposed any. proposed cut-back in city personnel and urged the restoration of overtime for members of the Police Department. ALI u 21, -2- October 7, 1970 CHRISTMAS LIGHTS: Mr. Jon Levy, Ex. Director of Tompkins County Chamber of Commerce, requested an appropriation of $900.00 from the City to help defray the coat of Christmas street lights in the downtown business area during the 1970 season. He was supported in his request by Irving Lewis, proprietor of Iry Lewis Inc. Mr. David A. Saperstone, proprietor of Clinton Hotel, spoke in opposition because he felt it should be paid for by the merchants who benefit. By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that a contract be approved between the City and Tompkins County Chamber of Commerce whereby the City shall pay to the Chamber $900.00 as its share of the cost of providing street lights for the downtown business area during the 1970 Christmas season. Alderman Bangs opposed because he felt that other areas throughout the City would re- quest similar lighting at city exp:�nses and advised he had already received a telephone call from the West End Business Mens' Ass'n. requesting $400.00 to light christmas trees in that section of the City. AYES: 7 - Spano, Rundle, Andrews, Robinson, Saccucci , Conley, Boronkay NAYS: 7 - Bangs, Slattery, Sullivan, Feldt, Jones, Nichols, Nordheimer Due to a tie vote, Mayor Johns voted in the negative and declared the motion defeated. Motion Defeated. OVERTIME - POLICE DEPARTMENT: Paul Tavelli, City Prosecutor, reviewed his problems in C City Court arising from the lack of overtime for members of the Police Department. He �= indicated the morale of the department had been affected by it and asked that it be re- considered in an effort to work out some remedy. Matthew McHugh, District Attorney, concurred with the Prosecutor and told of the practical problems arising because of ineffic1ency -due to the lack of overtime. He too felt that.s:ome remedy must be worked out to solve the problem. Attorney Weinstein reviewed his opinion once again and felt . that the real problem was a proper definition of the, word "emergency." He. noted that there was no money available in the department's budget at this time for overtime -and that he had advised the Controller that payment of, overtime for other than emergency reasons is -illegal. He advised the Council that it could not direct the Controller to perform an illegal -act. He felt a suit may be brought against the City to carpel it to pay overtime and therefore reserved any further comments pending receipt .of notice of any such suit. Mayor Jonns felt that the Chief of Police should. have the ,authority .to place men on overtime in any situation he deemed to be an emergency and indicated he had directed the Chief to act accordingly. Alderman Rundle read a memo from John Russell, City Controller, stating he had asked a senior. attorney from N.Y.S. Dept. of Audit & Control the question, "Is it permissible to pay policemen for overtime work in situations other than emergencies?" and that he received the answer that it is definitely illegal to pay overtime to policemen except under conditions stated in Section 971 of the Unconsolidated Laws By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the transfer of $2,000.00 within budget account A-82, Police Department, be approved to pay for the cost of overtime for members of the Police Department until September 2nd, the date on which the City Attorney rendered his opinion on.the matter. Alderman Jones objected -because she felt it was not on the agenda for this meeting. Mayor Johns ruled that it was properly included in the agenda in order to,;vote on it._ After some further discussion a vote was taken resulting in the .motion_being carried. Carried. Attorney Weinstein advised that the Controller would have- to await, a legal. ruling. from him before paying the overtime in question even though the Council has authorized the transfer of funds to finance it. Alderman Nordheimer expressed his feeling that policemen,should receive a higher, salary than firemen and that it ,should be sufficient so as not to need overtime. He .felt also that the City,must abide by laws applicable to overtime and ,that the Council itself cannot declare an emergency regarding, overtime. The.Chief-of .Police stated that the. Council approved the fir--t overtime for his department in 1964 and that one half of the overtime- paid in 1970 was for holidays which was provided for in the contract :approved with PBA for 1970: FINGER__L.AKES,ASS'N. AGREEMENT: The Clerk read-a, letter from Finger,Lakes Association r requesting renewal. of its agreement with the City for the year 1971 for publicity ser- vices for a-stated fee of $863.97. By Alderman Rundle-: seconded by Alderman Nordheimer RESOLVED, that the letter be referred to the Finance Committee for further review with the Association and report with recommendations thereon to the Council at a subsequent Carried-. October 7, 1970 07'FTC'r FnT"D P T-TTOINT 7i._� Cla2?- read a petition signed by thirty city employees re- I 'S , F - L que.sT,ing the to amend Sec, 27 of the City Ordinance to provide that city offices shall be kept open frcm. 3.00 a,m to 4:00 p.m.. throughout the entire year. He read a �_:r the subject, f2nm the '14-ty Controller who felt that the convenience of the public world. be served better: by maintaining the present office hours, namely 9:00 a.m. to 5 :00 i? m. 0!-cdher 1st until Ma;- 31st aid 8:00 a.m. to 4:00 p.m. from June 1st until Septeyfb cr 30th each year. By Alderman Nor,.Iheirer,. seconded by Alderman Robinson RESOLVED. the the 'L)e refe-red t,,) the Employees' Relations Committee for study and report. Carried. .0EDUC'TT0Y ._ 7Q7' Tne a letters from department heads giving their views on •7h -affect a 10" cu' bud-ets for their respective department would have on op a:1-,4 Dn s in 2 T_. Thcse -.-rlho 7.eLpc_,_-.d°d to the Council's request included: J. J. Clynes, -;-!1� ; _-)4 ngnaa-, Si--Pt, c f Pub:L4 C Jr. , '� � r Judge. :Robes t :� Works; Jobn L. Russell, City Controller" and Jo7ath,-m Mef Ss, _11(_.t4 ng lllanri.ng D--rector. By Alderman Bangs- sccond.°d by Aldelran Rc;lbir.son 7ESOL'477), t' at the =_rrnriications b:: rferre(l. to the 1'4 na=ce Committee for study and re- port. Carried. LIASION COMMITTEE: Alderman Slattery suggested the formation of a Liasion Committee from Council to talk with officials of Cornell University about the city's problems and rising costs of municipal services, He felt the University might be persuaded to participate in some of these costs especially where they were University oriented. Attorney Weinstein advised that the Mayor has had several meetings with the University about these and re- lated matters. JOHN ALEXANDER APPOINTMENT: The Clerk read a letter from Ithaca Housing Authority ad- f iis _ng that the term of John Alexander as a member of the Authority would expire on October 17, 1970. It recommended his reappointment for another five-year tem. Mayor Johns announced his reappointment of John W. Alexender, 226 S. Albany Street, as a meffber of the Ithaca Housing Authority to succeed himself for a five-year term ending October 1'(, 1975. INLET PARK: The Clerk read a letter from the Planning Board transmitting its action, dated Sept- . 23, 1-970, regarding development of Inlet Park as follo7mrs: MOVED, "that the Planning Board reaffirms their interest in seeing the development of Inlet Park carried out as originally stated (in the 'Tripartite' Memorandum of Under- standing currently in force between the parties involved, and comprehending the City's interest in possibly combining the execution of Stages 2 and 3 concurrently, not se- q,,ienti ally) , and de-sires this information be conveyed to Common Council," PLANNING BOARD STAFF: The Clerk read another letter from the Planning Board regarding its staff as follows : "BE IT RESOLVED, that the City of Ithaca Planning Board hereby affirms its conviction that a City Planning Department staffed with professionally trained city planners and backed fully in its planning operations by all city officers is essential to the economic interests as well as other interests of Ithaca citizens." ANNEXATION: The Clerk read another letter from the Planning Board favoring annexation of a site on Maple Avenue as follovs : MOVED, "that the Planning Board reaffirms its attitude of being in favor of annexation (of lands which are contiguous to the City, and which are necessary for completion of the U.D.C. Scattered Site Housing Project and for compliance with requirements ensuing from the current Memorandum of Understanding between the City of Ithaca and the New York State Urban Development Corporation) . " TRUCK TRAFFIC: The Clerk read another letter from the Planning Board expressing its concern about traffic on routes 96 and 79 within the city as follows: MOVED, "that the Planning Board urges Common Council to take appropriate action to estab- lish j*;raproved/ control of trap.°i_ on Rt. 96 down, and Rt. 79 out of the city." SALE OF CITY LOT: The Clerk reported he had conducted a public auction sale on October 1st at which time he had sold lot No, 30, located on N. Albany Street, to James Tagliavento for the total sum of $212.65 2 -4- October 7, 1970 BIDS - VOTING MACHINE: The Clerk reported he had received a bid from Automatic Voting Machine Corp. for furnishing the City with a new voting machine for the total net sum of $1,686.00 f.o.b. , Ithaca, N , Y. it was the only bid received and he recommended its acceptance . By Alderman Rundle : seconded by Alderman Robinson RESOLVED, that a contract be awarded to Automatic Voting Machine Division, AVM Corp. , for furnishing the City with one new voting machine for the total net sum of $1,686.00 in accordance with the terms of its bid submitted on September 24th. Carried. SPENCER ROAD WATER RATES: The City Attorney reported the matter of water rates for the Spencer Road area, annexed to the City on January 1, 1958, was being studied further by the Water & Sewer Committee of the Board of Public Works and he expected to have a final report on the matter at the Council's next meeting. POLICE UNIFORMS: By Alderman Rundle : seconded by Alderman Bangs RESOLVED, that the amount of $1,500.00 be transferred within budget account A-82, Police v Department, from line item #101, personal services, to line item #308, clothing, to pro- vide funds to outfit new policemen for basic needs . Carried. ` C TRANSFERS: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the following transfers be approved: W AMOUNT $3,780.00 FROM Account A115-101 Refuse Disposal - Personal Services - $ 3,000.00 -418 11 " - Equipment Maintenance - 780.00 TO Account A106-101 Bridges - Personal Services PURPOSE: , Did not request enough funds for seasonal help AMOUNT : $5 ,000.00 FROM Capital Reserve #20 - West Hill Water & Sewer Development TO Constr, Account - West Hill Water & Sewer Development PURPOSE: To provide additional funds. to cover W & S Main Extensions AMOUNT : $ 203.50 FROM Account A74B-302 Community Services Bldg. - Bldg. Maint. Supplies TO °i " -419 17 IT - Property Maintenance PURPOSE: Extra work required on. roof repairs AMOUNT $ 50.00 FROM Account F265-7-422,Plumbing Inspector - Prof. Serv. - 30.00 G110-7-422 " - it IT - 20.00 TO Account F265-7-433 " - Travel & Mileage - 30.00 G110-7-433 s° n _ n ° - 20.00 PURPOSE: Provide travel expense to attend school AMOUNT $3,000.00 FROM General Fund Contingent Account TO A82,-418 Police Department - Equipment Maintenance PURPOSE: To repair police cars damaged in accidents (all recoverable from Ins. Co. ) and to,provide funds for maintenance of equipment for balance of the year. COMMENT; To date $21054 has been received from Ins. Companies as reimbursement for repairs charged to this account. These funds have gone into a revenue account in the General Fund. There is still several hundred dollars due the City which will probably be paid. AMOUNT $ 500.00 FROM Account A23-101 City Court - Personal Services TO Account A23-422 City Court - Fees for Professional Services PURPOSE; To provide funds for legal steno used in City Court during September AYES: 14 NAYS: 0 Carried and approved. AUDIT: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of '$13,439.01, as listed on audit abstract #10-19-10, be approved. for payment. Carried. 24 -5- October 7, 1970 BIDDING PROCE'DURT"S'. Alderman Robinson reported the Board of Public Works had requested the Council to rescind its action taken on Sept. 2nd regarding bidding procedures. Alderman Ru�dle,-�resented :=d reacla letter _from;-the; Superinten4ent :urging the approval of the Board!-s-:reqjiP-st �tiec"se,. he fqlt,the -resolutipn -qs it now.,stan.49--vill have two adverse !,e.-ffQcts oa:the business as follows : f _ 1) It will undoubtedl-y increase the cost of hiring equipment 2) It will•-increi5e.,.t-he cuat of doing work. because, the lead tine requiredf or bidding, will--r-educe ,i,b l--Lty in the department's operation He -ecad.',a letter from. tale Controller • absent- while attending a Municipal Finance Officers' Trainiog School, ask4ng the matter be tabled -xitil he was available to give his views. BY:Alderman Rundle . seconded by Alderman Robinson RES'OLVE'D,_ that -"-.h:: Boa-,-a'- -oq-cest b-- tabled until the Council's next meeting. Carried. The Superintendent exp::,z.ssud his disappointment at the tabling action and felt it should be reconsidered at this `1-ime. A five-minutes recess was declared at 10:25 at the request of,several- aldermer.. At' the end of the recess the Mayor called the meeting to order . again. Attorney Weinstein ruled a tabled motion could not be reconsidered at the same meeting. TRANSFERS: By Alderman Rundle: seconded by Ald.erman: ,Robinson RESOLVED, that the following transfers of funds be approved: AMOUNT $3,035-00 FROM Account A115-101 Refuse Disposal - Personal- Services TO Account A114-413 Waste Collection - Rent of Equipment - 2 ,880.00 Account A115-413 Refuse Dispo-sal. - Rent of .Equipment - 155.00 PURPOSE: Additional trucks for Clean-Up-Week and to .eliminate a deficit in Account A115-413 RESTRICTION: Transfer recommended subject to truck rental being kept under $2,500 or being let out to bid Carried. By Alderman Rundle : seconded by Alderman Spano RESOLVED, that the following transfers of funds be approved: AMOUNT : $5 ,000L-,.0,Q-, FROM : General-Fund' Contingent Account TO : Account A109-428 Traffic Control- Equipment Maintenance PURPOSE: To provide funds to pay electrician & helper for balance of year AYES: 13 NAYS : 1 - Robinson Carried and approved. By Alderman Rundle : seconded by Alderman Spano RESOLVED, that the following transfers of funds be approved: AMOUNT : $7,400.00 FROM : Account F260-1--101 Watershed - Labor TO : Account F260-1-413 Watershed - Equipment Rental PURPOSE: • To provide funds for equipment rental to remove silt .from' silt dam RESTRICTION': 'Transfer recommended.subject to truck. rental being ,let,out to bid ' Carried. LOCAL LAW = ENVIRONMENTAL COMMISSION: '5,y Alderman Boronkay: seconde'd Alderm Jones ' I k y by an BE IT ENACTED by the Common Council of the •City of,lt.4aca as follow.$ : , A LOCAL LAW RELATING TO THE ESTABLISHMENT OF A COMMISSION FOR CONSERVATION OF THE ENVIRONMENT OF THE CITY,,,QF,, ITHACA, in accordance witb.provisions .1 1 thereof as presented to this;:Cwnqil.:Qn September 2,,4970 By Alderman Robinson: seconded by Alderman. Nichols RESOLVED, that the proposed Local Law be amended as follows : Sec. 3. Membership - The Commission shall consist of 15 members of which shall be voting members appointed by the Mayor, subject to approv4,by the Common Council, and the remainder . . . . . . . . . . . . . . . . . A vote was taken on the motion to aam&hd which,resulted-dix its being carried. Motion,. car qp ' �` ende 'be It wasp•then moved., seconded and carried that the proposed Local Law as received and la_ d on the ta.i)le for action at a sub�equent mu-,,ting of the Council. g.. -6- Octo-)er 7, 1970 049W ACTTX'! M'Y')P, : from the Charter & Ordinance C=Mittp_ -!:Lcat�, :.t -:Tas --o- -'.i fasr3r of chrging the an lIcting Mw By Ald,=,ian 113rdheime- . seconder( b-, Alderrr.rr.-. RJbirsrn that -;`J, r!c1rrJ._'4. en-_',)-2eE the .'.d�a of changf.ng the Charter in respect to appoi-t- men- of thn -'Aav-)r AYES: Lndr-vs, R,_Y_nFor., Spm.o, S.7tccucc-' , Boronkay NAYS: 8 �-tngs , Slatter-r. Sul'.'_*-an, C.�-.ale- FL-:-('t. J nas N-__chol:s No-dheimer Mot---on defe,-Ite.d. 1`ng r,w-*e,..-e(9 the "lv�rte- & Ordinance Cc-T-'tten'- fe 4 orT.,e, A1,7 Anlre�,-s rb,)u` :=duc` of mectinu of Cc1r.c-'l _e I I - -�'nat t� P1 --eeit d -�2- -,).-.k Tr e A7-d mu) '3c,:: --'adeated tha-, -".e '7-iarter --ih and t-e of a_--I prese--.t t a cf tl..z!n na-"_�,. -riilal�l" -.- al- aldernr�n . T'_Ill T_7'JC, 'I- A-1,11,1� A11--_-nan advi�cf9. 'hn-+--r & Ordinanc- Corm*.t'.ee con- s'deie a f_`ce_:-s-*..n(r, fce: fo,- !,.lit ha('. de',erplined it 4-r JM�-1i e woulO. :)r. -x-p-ns4.,m� inr� -1 -- __ --' •om Am7,NDm-,%T-. iv,. -3_2.q':0 - C'-.ZE.-.,L ST'R_FET SPED LIMIT: V BST Alderman Andrews: seconded by Aldermar. Sullivan BE IT ORIVJNED by the Common Council of the City of Ithaca. New York, and it hereby is ordained by authority of the same that Chapter 15, Article IV, Section 15-79 of the t Code of Ordinances, speed laws applicable, be and the same hereby is amended by adding C_)to paragraph (b) thereof the 'ollowi.ig-. Cornell Street: Between Mitchell Street and Valley Road in posted school speed zone, fifteen '.15) miles per hour, during the school noon hour, school recess, or while children are going to or leaving school during opening or closing hours. Effecti-Te upon p-ablication. AYES: i4 NAYS: 0 Carried and approved by Mayor. JBy Alderman Feldt: seconded by Alderman Conley I RESOLVED, that the Board of Public Works be asked to review the need for sidewalks on �-- the east side of Cornell Street, adacent to Belle Sherman School, and also those on school property adjacent to Central, School. Carried,- SCHOOL GAURD: Alderman Saccucci reported the West Hill PTA had requested a school crossing guard for the Hector Street Sunrise Road crossing. The request was referred to the Public Safety Committee fox study and report. SOUTHWEST PARK B-P.LL FIELDS: By Alderman Robinson- seconded by Alderman Spano WHEREAS, there has for many, many years existed within the City of Ithaca a greater demand for ballfields than the City by itself could feasibly supply for organized summer recreational programs, and WHEREAS, with the planned develop .Lment of the Cass Park Recreational Area the current supply of ballfields for the aforementioned organized simmer recreational programs will be further curta�_led for an indeterminate period of time , and WHEREAS, it behooves the City to at minl'mum provide adequate facilities for organized recreational programs for those citizens residing within the political boundaries of the City of Ithaca, and WHEREAS, unless immediate action is taken to prepare additional ballfield facilities for the organized and individual needs of recreation within the community, several pro•- grams will be forced out of existence for lack of facilities , NOW THEREFORE BE IT RESOLVED, that the Superinten(:,1;_-n •of Public Works in cooperation with the Youth Bureau Director's plan 4S instructed to immediately facilitate a capital pro- ject to provide the preparation and completion of four or more ballfields at Southwest : Park at an actual project cost not to exceed $12.000,, and, BE IT FURTHER RESOLVED, that the project beginning immediately shall be completed at the earliest possible date so that the facilities will be wrailable for use during spring of 1971, and BE IT FURTHER RESOLVED, thatt, the cost of specific labor and materials shall be supervised by the Superintendent ,�f Public Works , upon knproval of the Board of Public Works, and within the funding limits specified. lin this resolution, and - -7- October 7, 1)70 FURTHER RESOLVED, that the sum of $12 ,000.00 be and it hereby is appropriated Lrom Capital Reserve Fund #11, Parks & Recreation Area, to a Capital Account in the eneral Fund to finance the -east of the aforesaid project. 'YES: 13 NAYS: 1 - Nordheimer Carried and approved. URBAN RENEWAL REPORT: Alderman Rundle reported the Urban Renewal Agency was continuing its best efforts to work out final plans for the development of the Hotel Block with new tenants. Alderman Bangs recommended that the area be filled in and made available for off-street parking pending its use for development purposes , Alderman Rundle pointed POW out that the cost of filling the area and removing the fill again for development would have to be borne by the City. By Alderman. Rundle : seconded by Alderman Robinson RESOLVED, that the proposal be referred to the Finance Committee for study and report. Carried. GREGORY KASPRZAK: : By Alderman Feldt: seconded by Alderman Bangs WHEREAS, Gregory Kasprzak, tendered his resignation as City Planner, effective Sept. 1, 1970, after having served the City as Assistant Planner since June 20, 1966 and Planner since Dec. 6, 1967, and WHEREAS, it is the sense of this Common Council that Mr. Kasprzak served the City of Ithaca faithfully and conscientiously during his term of office, NOW THEREFORE BE IT RESOLVED, that this Council hereby expresses its regrets for losing his services at this time, and expresses its appreciation for his past services to the City in the field of planning, and extends its good wishes to him in his new field of endeavor. Carried. On motion the meeting was adjourned at 11:45 P.M. Geo. A. Blean, .City Clerk Hunna Johns Mayor .mow COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. October 21, 1970 PRESENT: Mayor - Johns Aldermen (14) - Rundle, Bangs, Andrews, Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones , Nichols , Nordheimer, Spano OTHERS PRESENT: Attorney Weinstein Acting Planner - Meigs Chief of Police - VanOstrand Planning Board Member - Korf Supt , of Public Works - Dingman Controller - Russell Assistant to Supt. - Dougherty Assistant Controller - Spano Youth Bureau Director - Cutia Clerk - Blean MINUTES: Minutes of the preceding meeting were approved as recorded by the Clerk. - INLET PARK DEVELOPMENT: Controller Russell presented and reviewed a prepared statement on Inlet Park copy attached to minutes) . Alderman Bangs inquired about elimination of f" the utility poles referred to in Mr-.• Russell's report and the Controller indicated that B.O.R. would withdraw $50,000.00 in !the event the poles were not removed. Mayor Johns felt the deadline of December 31st should be extended until more is known about relocation of highways, etc. and the matter was referred ,to the Mayor and Controller for further discussion with B.O.R. Attorney Weinstein recommended that B.O.R. be required to agree in writing to participate in 2 of the additional costs of the project. Alderman Robinson presented his prepared statement as follows : "To spend one single dollar of the public's money on a project the majority of our citi- zens originally understood to be extremely different from what we are voting on tonight, especially when there is every reason to believe the final project will prove to be another in a long series of financial thorns in the sides of our already overtaxed populace, to do that is a breach of the public's faith. While this Council may be satisfied with a community ..ice rink open and exposed to win d, .rain, .snow and all the elements, ,a rink that will provide no more then 16 to 19 weeks of community skating throughout the year, I am certain that is not what the people we're supposed to be representing want. This Council, if it so chose, could do much better, and I for one,,will not be part and party to a pro- gram of planned mediocrity. My vote therefore is a resoun3ing NO." The Clerk read a letter from the Youth Bureau Board of Directors in support of the project and urging the Council to approve the entire project. By Alderman Slattery: seconded by Alderman Jones WHEREAS, this Common-'Council by a resolution dated April 5 , 1967, formally stated its intention to create a major. recreation area as part of a 415 acre, complex at the ,head of Cayuga Lake and further has entered into an agreement with the State of New York for this expressed,pt}rpose, and WHEREAS, the Council recognizes its responsibility in fulfilling its commitment to dEVelop those areas as outlined in this Memorandum of Understanding, and further developed by the Inlet,,Park .Committee, NOW THEREFORE BE IT RESOLVED, that the City Controller be authorized to bring Stages II and III to bid and to bond for monies. needed-for completion of the entire project, and BE IT .FURTHER RESOLVED, that upon letting of bids the administrative control,.shall be assumed by the Superintendent of Public Works; and that the Controller and. the Superin- tendent shall be empowered to call upon. all departments, employees and resources to aid or assist in developing the project; and further that the Inlet Park Committee shall con- tinue to have, responsibility for consulting with the architect on problems of design, engineering and architecture. Alderman Feldt reported the Inlet Park Committee was -in favor of completing the project and was therefore in favor of the foregoing resolution. He felt however there was some question as to when, the Committee should be dissolved. Alderman .Robinson called atten- tion to anticipated increases in all three tax rates in the next ,fiscal year and that adding this project as a loser was more than he felt the taxpayers could afford. Alderman Andrews offered -an amendment to remove the development of Stage III from the resolution but his motion failed for,lack of a second. . AYES: 12 - Rundle, Bangs, Slattery, Saccucci, Sullivan, Conley, Feldt:, Boronkay, Jones, Nichols, Nordheimer, Spano NAYS;. 2 Andrews , Robinson Motion Carried. 28, -2- October 21, 1970 Alderman Robinson stated his negative vote was based on his objections hereinebove recorded. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the City Controller be and hereby is authorized to engage the services of the City's Bonding Attorneys to prepare a Bond Resolution in the amount of $1,40-0;000 to provide financing for the development of Cayuga Inlet Park. Attorney Weinst'oin advised that an agreement in writing should be obtained from the B.O.R. regarding its participation in the additional costs of the project before passing the rpa bond resolution and it was agreed that the Controller should do this. _.- Carried. ELEVATOR AGREEMENT: An elevator maintenance agreement was referred to the Board of Public Works for approval. TRANSFERS: By Alderman Rundle : seconded by Alderman :Robinson RESOLVED, that the following transfer of funds be.. approved: AMOUNT $1,890.00 FROM Account A115 - Refuse Disposal 309 Gas: -& Oil - 193.27 418- Equip. Maint . - 141.53 419 .Property Maint. - 96.40 420 .Pest Control - 839.80 Account A290-650 Contingent Account - 619.00 TO Account A114 - Vaste Collection 312 Equip. Parts & Supplies - 1,540.00 418 Equipment Maintenance - 350.00 PURPOSE Disposal account now partially inactive. Transfer to provide operating funds for .the balance of the year, to provide snow tires for new packer and to provide liner for .pker';hopper. AMOUNT $ 100,00 FROM Account A23 - City Court - 411 Printing TO - 310 Office Supplies PURPOSE Provide funds for necessary office supplies for remainder of year AMOUNT $ 40.00 FROM ' Account A56 - Civil Service - 401 Telephone TO - 310 Office Supplies PURPOSE Provide funds for necessary office supplies for remainder of year AMOUNT $ 200,00 FROM Account A81 - Fire Department - 101 Salaries TO - 302 Building Maint. Supplies PURPOSE Balance insufficient for remainder of year AYES: 14 NAYS• 0 _ Carried arid; approved. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the City Controller be and hereby is authorized-to .transfer any unencum- bered appropriation balance or portion thereof between the same general classifications of expenditures within any department for the remainder of 1970 as authorized by Article 2, Sec. 31, (6) , (b) of the City Charter. By Alderman Robinson: seconded by Alderman Feldt RESOLVED, that the foregoing resolution be amended to provide that the Controller be authorized to make only such transfers that are under the sun of $500.00. .A,vote on the amendment resulted as follows : AYES: 2 Robinson, Feldt . NAYS: 12 - Rundle , Bangs, Andrews, Slattery, Sac cucci, Sullivan, Conley, Boronkay,, Jones , Nichols, Nordheimer, Spano Motion Defeated. A vote was then taken on the original motion which resulted as follows : AYES: 13 NAYS: 1 - Robinson Motion Carried. 2 -3- October 21, 1970 SPCA AGREEMENT: Alderman Sullivan reported that the Public, Safety together with members of Tompkins County Board of Representatives had met several times with_Tompkins..County' SPCA in an effort to work out the details of an agreement with SPCA to provide an im- proved Dog Warden service for the entire County. He presented a proposal by SPCA whereby it could do this work on a County basis for a total net payment of, $31,000,00_., He also read a letter from SPCA indicating that it could not be expected to reffev its-agreement with the City for the year 1971 under its present terms and conditions,. Aamely .for. an annual payment of $5 ,400.00. It felt that a new agreement would have to.bq negotiated at a figure of between $10,000 and $12,000 based upon costs. Mr. Neil McLaia,,, a__member of the Board of Directors of SPCA reviewed the problem caused by increased dem4nds .,for services and the rising cost of such services. By Alderman Nordhemier: seconded by Alderman Slattery RESOLVED, that the report on the subject be received and that it be referred back to the Public Safety Committee with instructions to consult with the Finance Committee, members of Tompkins County Board of Representatives and officials of Tompkins County SPCA to work out a suitable agreement for the implementation of a county-wide dog warden service under a negotiated agreement suitable to all concerned and with the funding thereof to be approved by both the City and County. Carried. ;.. LOCAL LAW - ENVIRONMENTAL COMMISSION: Action was taken to approve a Local Law which had OC� laid on the table in its final form since October 7th as follows: C ` A LOCAL 'LAW RELATING TO THE ESTABLISHMENT OF A COMMISSION FOR CONSERVATION OF THE ENVIRONMENT OF THE CITY OF ITHACA, N.Y. By Alderman Boronkay: seconded by Alderman Robinson BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK as follows : Section 1. Legislative Intent. The preservation and improvement of the quality of the natural and man-made environment within the City of Ithaca, in the face of population growth, urbanization, and technologic change with their accompanying demands on natural resources, is found to be of increasing and vital importance to the health, welfare and economic well-being of present and future inhabitants and requires forthright action by the. governing body of the City of Ithaca. It is recognized that the ecologic in- tegrity of the natural environment on which man is dependent for survival and the natural and functional beauty of our surroundings which condition the quality of our life ex- perience cannot be protected without the full cooperation and participation of all people of the;City working in partnership with local and state officials and with various public and private institutions , agencies, and organizations. Establishment of a commission for the conservation of the environment is a necessary step in fostering unified action on environmental problems. Section 2. Establishment of the Commission. The Common Council of the City of Ithaca hereby creates a commission which shall be known as the Ithaca Commission for Conservation of the Environment, hereinafter called the Commission. Section 3. 'Membership. (1) The Commission shall consist of 15 members of which 6 shall be voting members appointed by the Mayor, subject to approval by the Common Counciland the remainder shall be ex-officio members as provided herein. The first three members appointed shall hold office for a term of two years. The second three members appointed shall hold office for a term of four years and the successors of all six initial appointees shall be appointed for full terms of four years. Persons residing within the City of Ithaca who are interested in the improvement and preservation of an environmental quality shall be eligible for appointment as a member of the Commission. All members of the Commission shall have reached their sixteenth birthday on the day their appointment takes effect and at least one voting member of the Commission shall not have reached his (her) twenty-second birthday. Vacancies -on the commission shall be filled in the same manner as the. original appointment except that a vacancy occuring other than by the expiration of the term of office shall be filled only for the remainder of the unexpired term. (2) The Mayor, two Aldermen as selected by Common Council, the City Attorney, the Chair- man of the Planning Board; the Vice-Chairman of the Board of Public Works, the City Clerk, a member of the Mayor's Citizens Advisory Committee as elected by that committee, a city member of the County Board of Representatives as appointed by the Board of Representatives and other officials that maybe hereafter designated by the Common Council shall be ex- officio members of the Commission and shall retain such membership until the expiration of their term of office. Section 4. Officers,,--meeting and committees.. At the first meeting of the Commission, its members shall elect from among themselves a chairman. The City Clerk or a person -4- October 21, 1970 designated by him shall act as recording secretary. The Commission' shall adopt rules and procedures, for .its meeting. It shall.keep accurate re"cdrds' of its .meetings and activities and shall ,file an annual report as provided in section si c-•of this Local Law. Section 5 . Powers and duties of the Commission. The powers and duties-of the commission shall be to: - (1) Advise the Common Council on matters affecting preservation, development and use of the natural and man-made features and conditions of the City ins ofar'-'as,_beauty, quality, ecologic integrity, and other environmental factors are concerneC7.,,''and"in.Tthe case of man's activities and developments , with regard to any major threats=pose.d:to environmental quality, so as to enhance the long range value of the environment to :the .people of the City. (2) Develop and,, after, receiving general approval by resolution of the- fommon Council, conduct a prdgr=�:,Qi public information in the community which shall be .designed to foster increased:- understanding of the nature of.environmental problems and issues and support for their, solutions . (3) Conduct studies;, surveys , and inventories of the natural- and manmade features within the City of Ithaca and such other studies and surveys as may be necessary t6 -carry out the'-'general purposes of this Local Law. (4) Maintain an up-to-date inventory or index of all open spaces in public or :private ownership; within the municipality, including but 'not limited to natural landmarks, gTacinl and other gandorphic or physiographic features ; st'reaMs and their -f-16e�.--plains-jswamgs,_-swamps,_ other wetlands; unique biotic communities scenic and other open areas _a' �± - natural or ecological value and of the ownership, present use and proposed use of such areas , so as to provide a base of information for recommendations by the Commission for their: preservation and/or use. (5) Seek to coordinate , assist, and unify the efforts of private groups, institutions, and individuals within the City of Ithaca in accord with the purposes of this Local Law. (6) Maintain liaison and communications with public and private agencies and organizations of local, state and national scope whose programs and activities have an impact on the quality of the environment or which can be of assistance to the Commission. NOTE: Specific requests may be made to local organizations to designate one of their members as liaison officer to the Commission. (7) Working in cooperation with the planning board, recommend from time to time to the Common Council feat''Ures, plans, and programs relating to environmental improvement for in- clusion in the faster Plan of the City of Ithaca and similarly, recommend to the Common Council appropriate and desirable changes in existing local laws and ordinances relating , to environmental control or recommend new local laws and ordinances. (8) Prepare, print, and distribute books, maps , charts, pamphlets, in accord with the purpose of this Local Law. (9) Obtain and maintain in orderly fashion maps, reports, books, and other publications-z ' to support the necessary researches of the Commission. (10) When authorized by resolution of the Common Council of Ithaca, the Commission may accept by gift, grant, devise , bequest, or otherwise , property both real and personal in the name of the City of Ithaca as may be necessary to conserve and otherwise properly, utilize open spaces and other land and water resources within the boundaries of the,;City of Ithaca. Such real property may be accepted in fee for land and water rights, or;=�ts,: ;, any lesser interest, development right, easement , including conservation easement; .- cov-enant, or other contractual right including conveyance with limitations or reversions.,. (11) Carry out such other duties as may be assigned from time to time by the Common Council. Section 6. Reports. The Commission shall submit an annual report to the Common Council not later than the first day of April of each year, concerning the activities and work of the Commission and from time to time shall submit such reports and recommendations as may be necessary to fulfill the purposes of the Local Law. Section 7. Budget. The Commission .shall submit to the Common Council in a manner pre- scribed by the comptroller a request, for funds including all allocations for services performed by members of other departments . Section 8-. Compensation and Expenses . The members of the ,Commission, including ex-of fic members', shall receive no compensation for their services as "members:thereof put may be reimbursed for reasonable" and ,necessary expenses incurred in thee.-,performance of their duties within the appropriations made available therefor. Section 9. Construction. This Local Law shall be construed as. _an exercise of the powers of the City of Ithaca to preserve and improve the quality of the natural and man-made environment on behalf of the present and future inhabit-ants_thereof. This Local Law is not intended and shall not be deemed to impair the powers of any other public: corporation. Section 10. Effective Date. This Local Law shall take effect on January 1, 1971. -5- October 21, 1970 A vote by roll call was taken which resulted as follows : AYES: 14 NAYS: 0 Approved by me this - i�_th day of 6r, 1970 and ocal Law # 3 970. CODE OF ETHICS: Alderman Boronkay reported progress i Na study of a e of Ethics" for presentation at a subsequent meeting for final approval. ZONING MAP AMENDMENT: Alderman Feldt reported receipt of requests from property owners in the Cornell'"-'Mitchell Street area for a change in the zoning of the following des- cribed area; The area bounded on the north by Miller Street and Miller Street extended, on the west by Cornell Street, on the south by the rear property lines of properties on the south side of Mitchell Street and on the east by the city line. ... The residents of this area asked that it be rezoned from R-2 to R-1 0C C By Alderman-Feldt: seconded by Alderman Andrews RESOLVED, that the matter be referred to the Planning Board for study and report with its recommendation thereon. Carried. REAPPORTIONMENT: Alderman Boronkay reported the Council would have to consider reappor- tionment after the final census figures are known. Alderman Robinson asked if anything had been done to appeal the census figures since he felt several people throughout the City were not included in the count. Controller Russell stated no appeal had been made because he had been advised the City would not suffer any loss in state aid due to the decline in the census figure. Attorney Weinstein read an excerpt from minutes of the Board of Representatives dated September 4th, encouraging the City to defer reapportioning wards in the City until 1972 to eliminate confusion. Alderman Robinson encouraged the Controller t.o_.pur..que .the,matter of an appeal of the census figure. CHARTER CHANGE-B.P.W. Alderman Robinson inquired about what had been done to prepare a charter change dealing with the powere and duties of the B.P.W. and he was advised the Charter & Ordinance Committee had discussed it but felt there was no particular hurry about it and that it would be a very expensive proposal. BIDDING PROCEDURE: By Alderman Robinson: seconded by Alderman Nichols V WHEREAS, aster once again studying this specific situation in depth, and _ WHEREAS, the Department of Public Works is fully cognizant of the need of adhering to the established financial policies of the City, and WHEREAS, at this time , the Council's Finance Committee and Public Works and County Re- lations Committee and the Department of Public Works are in accord on the need for the department to be allowed to exercise certain decisions relative to the hiring of equip- ment , specifically trucks, NOW THEREFORE BE .IT RESOLVED, that this Council hereby rescinds it previous resolution, dated September 2, 1970, specifically prohibiting the hiring of trucks in amounts in excess of $2,500 without going through the process of public bidding. Carried. SPEED LIMIT: Alderman Robinson presented a request by the Board of Public Works that the speed limit on Park Road and Taugh annock Blvd. be increased to 40 mph. The request was referred to the Public Safety Committee for study and report. OFFICE HOURS PETITION : Alderman. Bangs reported the Employee Relations Committee had met with several city employees who had signed a petition to change the City Hall office hours and establish them from 8:00 a.m. to 4 :00 p.m. throughout the entire year. He stated the Committee was not ready to make its recommendations until after it had met with department heads to discuss the request further. . He agreed to present a final re- port on this matter at the next meeting. PUBLIC ADDRESS SYSTEM: The Clerk read a letter from the Superintendent requesting the Council to appoint one of its members to work with him in an effort to solve the problem of accoustics in the Council Chamber. It was moved by Alderman Bangs, seconded by Ald- erman Sullivan and carried that Alderman Robinson be appointed to serve in this capacity. 3 -6- October 21, 1970 MEETINGS: Mayor Johns felt that two regular meetings' a`month were not necessary since he could call a special meeting when needed on 24 hours written notice. By Alderman Bangs : seconded by Alderman Andrews RESOLVED, that the Council's resolution, dated July 1, 1970, authorizing two meetings a month be and it hereby is rescinded. AYES: 10 - Rundle, Bangs, Andrews, Slattery, Saccucci, Sullivan, Conley, Boronkay, Spano, Nichols NAYS: 4 - Robinson, Feldt, Nordheimer, Jones - Carried. RECREATION:�WMMISSION: Alderman Slattery reviewed the work projects, recreational and other facilities provided by the City through its Common Council for the youth of the community. . He felt the Council's decision to develop Inlet Park with additional recrea- tional facilities should spur the County into realizing that recreation is not a low priority%item* He felt the need for creation of a Recreation Commission to in City, Town of Ithaca and County of Tompkins . He stated he intended to present such a pro- posal to the Council in the near future for its consideration. LANDMARKS COMMISSION: Alderman Jones reported the Charter & Ordinance Committee was currently working on an ordinance to establish a Landmarks Preservation Omission and hoped `to`have :it ready for the November meeting. - - PLANNING BOARD: Alderman Feldt wondered about the Planning Board's future role. By-Alde(!tfen 'Feldt: seconded by Alderman Robinson RESOD '-Ah�t th6 Planning Board be asked to express its feeling about this matter. Carried. On motion the'`!ice ting was adjourned at 9:30 P.M. C4 Geo. A. B lean., City Clerk Hunna Johns , Mayor p COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. November 4, 1970 ' PRESENT: Mayor - Johns Aldermen (14) - Andrews, Bangs, Robinson, Slattery, Saccucci , Sullivan, Conley, Feldt, Boronkay, Jones, Nichols , Nordheimer, Spano, Rundle Alderman-Elect - John Gutenberger OTHERS PRESENT: Attorney - Weinstein Bd. of Public Works Comm'r. - Golder Fire Chief i-- ;Weaver Youth Bureau Director - Cutia 3uilding Comm'r. - Jones Controller - Russell 3upt. .of Public Works —Dingman Assistant Controller - Spano acting City Planner - Meigs Member of Housing Auth. - Alexander City. Prosecutor - Tavelli Clerk - Blean Urban Renewal Dir. Daley Deputy Clerk - Grey All -present stood and were led by the Mayor in a Pledge of Allegiance to the American Flag. MINUTES: Alderman Slattery asked that the minutes of the preceding meeting, be amended to show that-it was the unanimous opinion of the Youth & Recreation' Committee that the Council:procee&vlth the development of Inlet Park: It was so ordered and it was then moved by Alderman Slattery, seconded by Alderman Sullivan and carried that the minutes as thus amended be approved. Alderman Slattery called attention Ito. the presence of- John Gutenberger, Alderman-elect from the-Third Ward, who 'had been elected to take office on January 1, 1971 for the term ending December 31, 1973• Mr. Gutenberger introduced himself and indicated his pleasure upon being elected and his desire to join the aldermen on January 1st and take an active part in city affairs. DEWITT PARK SIDEWALKS: The: Clerk .re-ad a letter from Rev. Warren:. Traub,, Rector of .St:.. John's Church, appealing, for an appropriation -in the 1971 budget, to repair sidewalks in DeWitt.Park. By Alderman Rundle: seconded by Alderman Jones ;SOLVED, that the matter be referred to the Public Works-County Relations and the Finance Dmmit•tees- fer:-:jDi4 study and report', Carried.: NO..' 9.FIRE STATION-: The . Clerk reported the Planning Board,had on;ee again recommended that the old:No.: 9 Fire Station building on College Avenue:bei. :r,azed_ and that the. City retain its title -to,the property for the time being pending :redevelopment of, ;the. College-_ to in area. Mayor Johns urged sale of the property and its return to- the TaxRol1.. By Alderman Jones: seconded by Alderman Robinson RESOLVED, that action by the, Council on this matter :be tabled until the December meeting , of the Council for further consideration at that time . Carried. Alderman Andrews entered at this point in the proceedings . Controller Russell requested the Council to go; into Executive Session at the.-end of the regular meeti;ng ;to,hear a report and problems of the Negotiating Committee encountered in its negotiations with the City's bargaining agents for the coming year. It was agreed to doso. FINGER LAKES AS T. ;AG EMENT, Alderman rpian Rundle,reported the Finance, Committee had,'dis- cussed the publicity„agreement with Finger Lakes Association for ,the year 1971 with Mr. , Conrad'.Tunney,: its Executive Director, and he recommended its approval. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the ,agreement with the Finger Lakes Association„ for..1971 in the amount of $863 91 be' approved .and.included in the 1 71 budget and that the: Mayor and City, Clerk e he authorized to sign and execute said -agreement on behalf” of the City of Ithaca. derman Robinson, reviewed the pertinent matters discussed with Mr. Tunney and indicated gat, as a result, information included in the Finger Lakes Travel Guide. relating to a s the Guidewasla biga to n p factor in attractingtouri w which a n 'agree ststotheIthac • d upon. He felt Ithaca area which in turn would help increa$e, .local. sales ,tax•, revenues. . Mayor Johns felt that Tompkins County_ should pay ,fo.,r the; entire. cost of such publicity services.-” Aldermen Nordheimer; Feldt and Conley spoke .against the .proposed agreement. After some ,further ,discussion a ,roll call. _. vote w,-4p taken on it which resulted as follows : AYES:. 8 Andrews,, Robins;on,, .Sac.cucc,j,, Sullivan, Boronkay,, jones,, Spano, Rundle g ry, Conle NAYS: 6 - .Ban ,s Slatte y,, F eldt„.Nichols , Nordheimer Motion carried. 3 -2- November 4, 1970 y TRANSFERS: By Alderman Rundle : -seconded by Alderman Jones RESOLVED, that the following transfers of funds be' approved: AMOUNT $1,000.00 FROM Account A81-101 Fire Department - Salaries TO Account A81-418 Fire Department - Equipment Maintenance PURPOSE Provide for necessary repairs to 2 fire engines AMOUNT $5,000.00 FROM Account F-260-1-413 Water shed - Equipment Rental TO Account F-260-1-101 Water shed - Labor , , PURPOSE Season is too late for truck rentals AMOUNT $9,702.57 FROM Various Line Accounts in Youth Bureau budget - $7,882.57 Contingent Account - 1,820.00 TO Account A209-101 Youth Bureau - Salaries PURPOSE Pay staff salaries for remainder of year AYES: 14 NAYS: 0 Carried and approved. OVERTIME - CITY COURT: By Alderman Rundle : seconded by Alderman Jones RESOLVED, that overtime be authorized for the present two employees in City Court until the Court is able to employ an additional part-time person. Carried. VACUUM CLEANER: By Alderman Rundle : seconded by Alderman Spano RESOLVED, that a vacuum cleaner be added to the list of authorized equipment for budget account A74-250, City Hall - Other Equipment, .as requested by the Board of Public Works . AYES: 13 NAYS: 1 - Robinson Carried. L AUDIT: By Alderman Rundle : seconded by Alderman Spano RESOLVED, that the bills audited and approved by the Finance Committee in the total amount"- of $9,205.81, as listed on Audit Abstract #11-1970, be approved for payment. Carried.,,,„ RULES OF PROCEDURE: Alderman Boronkay reviewed all present Rules of Procedure for the Common Council that had been adopted by it and a copy thereof was made available to each i alderman. He asked that they be retained in their desks for reference from time to time as needed. LANDMARKS COMMISSION: Alderman Jones presented a progress report indicating that a pro- posal would be ready for presentation at a subsequent meeting. STEWART PARK DETENTION CENTER: By Alderman Sullivan: seconded by Alderman Slattery RESOLVED, that the Board of Public Works be requested to dismantle the jail detention facility in Stewart Park. Alderman Robinson suggested action be deferred and that it be discussed in the Executive Session. A14ermen Nordheimer and Feldt both objected. Chief VanOstrand expressed his opinion that if the City had other uses for the facility it could be discontinued as a detention facility but that a study should be made to provide some other location. Mayor .Johns felt the possible need for this type of facility and recommended it be left as is. Alderman Bangs felt it could be used for multiple purposes but asked that any fire hazards involved be looked over. By Alderman Bangs: seconded by Alderman Jones RESOLVED, that the foregoing m :.tion be tabled. AYES: 13 NAYS: 1 - Nordheimer Carried.-- By Alderman Bangs : seconded by Alderman Sullivan RESOLVED, that the matter be referred to the Public Safety and Public Works Committee for joint study with the Fire Chief as to its safety features. Carried., -3- November 4, 1970 POLICE PERSONNEL: Alderman Robinson made inquiry about Police personnel and morale problems. Alderman Sullivan indicated there was no report to mane at this time and in- vited Mr. Robinson to make specific charges if he felt there was need for the same. Alderman Robinson indicated he would ask for an item on the agenda regarding this matter if no report was forthcoming from the Public Safety Committee before then. SIDEWALK ASSESSMENTS: The 'Clerk reported the Board of Public Works had levied assessments G for the construction of sidewalks during 1970 and recommended them to Council for final confirmation. By Alderman Robinson: seconded by Alderman Saccucci WHERE'S, the Board of Public Works levied sidewalk assessments on September 9, 1970 for the construction of sidewalks at 904 North Aurora. Street , 520 East Buffalo Street, 122 Farm Street, 302 East Lincoln Street, 924-26 East State Street, 948 East State Street, 929 North Tioga Street, 306 University Avenue, 312 University Avenue , respectively, and WHEREAS, a public hearing thereon was held by the said Board on October 28, 1970 at which time the Board took action- to finally approve said assessments and file a schedule there- of with the Council for confirmation and final approval, NOW THEREFORE BE IT RESOLVED, that said assessments in the total amount of $2 ,726.66 be and the same hereby are approved and confirmed, and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a Warrant on the City Chamberlain in accordance with such schedule for the collection of said �.. assessments; and that the Mayor and City Clerk be- authorized to sign and execute said Warrant, whereupon all such assessments will become due and payable from the date of exe- cution thereof; and on all such assessments or portions thereof remaining unpaid after_ the expiration of six months from the date of said warrant, the City Chamberlain shall add and collect the percentage thereof at the rate of 5% per annum except and provided however that the City Chamberlain may allow persons to pay their assessment if the aggre- gate amount exceeds $25.00 in five equal installments with interest at 5% on or about June lst in ,each year, provided however, that. any. person. desiring to pay-by :installments shall make appllcation �prcmptly in writing to the City Chamberlain; and all properties having such assessments or portions• thereof of installment payments thereof-in arrears,, and remaining unpaid at the close of any city tax collection period shall,be included by the City Chamberlain in a subsequent city tax sale held in November each year following such city tax collection period; and such property shall be sold for any unpaid assess- ments or portions thereof or any unpaid installments together with the outstanding balance of such installment payments, together with all interest, fees and penalties' that may lave accrued. AYES: 1 NAYS: O Carried_and approved by the Mayor. URBAN, DEVELOPMENT REPORT: Alderman Rundle reported that Treadways Inn ha.d:_delivered a written proposal to one developer of the Hotel Block who- had submitted a complete finan- cial plan for the hotel portion of. the, project to: U.D.C. for review and approval. He reported further that the other developer was continuing his negotiations:with Woolworths epartment store. - He concluded his report by indicating that construction was expected to begin on the parking garage & combined hotel-department store development for this area in the spring of 1971. HANCOCK STREET HOUSING SITE: By Alderman Slattery: seconded,`by Alderman Boronkay RESOLVED, that the condition of the public housing site on Hancock Street be referred to the Building Commissioner and Superintendent for enforcement Carried. OFFICE HOURS - CITY HALL OFFICES: _Alderman Bangs reported that".the_Employees Relations Committee recommended no change in the •present office hours for City Hall offices, and no further action -was taken.-on the petition to have them: changed. TREE- REPLACEMENT: Alderman Slattery expressed concerniabout the City's tree _ replacement program because .he' felt more trees. were being removed -then ;replaced. Alderman Foldt wondered if the position of City Forester should be filled. Supt. Dingman felt. the work :otild be handled by city forces. under the supervision of Mr.. Lynch without the necessity )f having a City Forester. CAPITAL IMPROVEMENTS: Alderman Jones presented a report of the Capital Improvements Review Committee for the year 1971. Copies thereof were distributed to each alderman. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, that the report be received and referred to the Finance Committee for study and report. Carried. 316 M -1+- November 4, 1970 v DEPARTMENT HEADS: Alderman Sullivan expressed his opinion that all department heads should not be required to attend each Council meeting. He felt instead that they should be required to attend only if their presence Vas deemed necessary. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the matter be referred to the Charter & Ordinance Committee for further consideration. AYES: 8 - Sullivan, Saccucci, Slattery, Bangs, Spano, Rundle , Nichols , Conley NAYS: 6 - Feldt, Boronkay, Jones, Nordheimer, Andrews , Robinson Carried. WATER SOURCE: Alderman Jones asked that the Council and Board of Public Works hold ,. ,. another joint meeting regarding water supply sources , similar to that held in April. STREET PARKING: Mr. Alvin Knepper, 100 Fairview Sq. , appeared before the Council with a recommendation that it concern itself with the effect campus-parking restrictions of Cornell University was having on parking conditions on streets in the 3rd Ward. It was moved by Alderman Feldt, seconded by Alderman Spano that the matter be referred to the Public Works Committee to discuss it with the Board of Public Works. Alderman Nichols reported that a study of this problem was now being made and the motion was therefore withdrawn. HAZARDS : Alderman Nordheimer expressed concern about hazardous conditions that existed throughout the City where contractors had improvement projects under construction. The matter was referred to the Superintendent for enforcement of applicable rules and regu- lations. SPENCER ROAD WATER RATES: Alderman Saccucci inquired again about the status of the Spencer Road area water rates and he was informed by the City Attorney that the matter was receiving the attention of the Water & Sewer Committee of the Board of Public Works. A five-minute recess in the proceeding was declared by the Mayor at 8:50 p.m. At the end of the recess, the Mayor called the meeting to order again. EXECUTIVE SESSION: By Alderman Spano: seconded by Alderman Slattery RESOLVED, that the Council go into Executive Session to hear a report of its Negotiating Committee. Carried. By Alderman Nordheimer: seconded by Alderman Robinson �k, RESOLVED, that alderman-elect Gutenberger be invited to attend the Executive Session. Carriedl John L. Russell, Chairman of the Negotiating Committee, reviewed the Committee's nego- tiating efforts with the City's four bargaining agents for the coming year, indicating that requests for increases ranging from 13% to 20% had been received. He asked the Council for guidance before proceeding further with negotiations. All phases of negoti- ations were discussed at length including the City's financial condition and its ability to meet ever-increasing demands for wage increases. On motion they, meeting was adjourned at 10:00 p.m. Geo. A. Ble an, City Clerk jkinine Johns , Mayor i 3 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. December 2, 1970 PRESENT: Mayor - Johns Aldermen (14) - Bangs, Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Andrews OTHERS PRESE`' : Alderman - elect - John Gutenbergar Acting Planner - r4eigs Fire Chief - Weaver Youth Bureau Director - Cutia Deputy Chief of Police - Vgnosgx"d Herson Urban Renewal Director - Daley Supt. of Public Works - Dingman Controller - Russell Assistant to Supt. - Dougherty Assistant Controller - Spano Public Works Commis. - Golder, Putney Clerk - Blean Housing Authority Member - Alexander Deputy Clerk - Grey All those present stood and were led by the °7ayor in a pledge of allegiance to the American Flag. MINUTES: minutes of the preceding meeting were approved as recorded by the Clerk. ZONING MAP AMENDMENT: The Clerk read two petitions from residents and property owners in the area bounded by Cornell Street, Mitchell Street, Town of Ithaca and Miller Street. One petition requested that the Zoning ti-ap be amended to change their area from R-2 to an R-1 zone. The other petition requested that the zoning ordinance be amended by re-defining the word "Family" to read as follows: "A family consists of one or more persons living in the same household who are related to each other by blood, marriage or adoption." The Clerk reported the Planning Board had considered these petitions and taken ' action on November 24th to recommend approval of both. By Alderman Andrews: seconded by Alderman Feldt RESOLVED, that these petitions be referred to the Charter $ Ordinance Committee for further study and report. Carried NO. 9 FIRE STATION: Alderman Spano introduced a resolution authorizing the City Clerk to con uct an auction sale of the old No. 9 Fire Station property at 307 College Avenue with the stipulation that no bid for less that $50,000.00 be ac- cepted. It was moved by Alderman Nordheimer, seconded by Alderman Robinson that this resolution be amended to provide that the stipulation be $75,000.00 instead of $50,000.00. A vote on the amendment resulted as follows: AYES: 2 - Nordheimer, Robinson Nays: 12 - Bangs, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones Nichols, Spano, Rundle, Andrews. Motion Defeated. During the ensuing discussion it was felt that the property should be appraised before being offered for sale, and the original resolution was withdrawn. By Alderman Bangs: seconded by Alderman Robinson RESOLVED, that the Council authorizes the appraisal of the old No. 9 Fire Station property for re-consideration at its next meeting. Carried. - MRS. CAROLS GROVER APPOINTMENT: The Clerk reported that Mrs. Carole Grover, who L' had been serving in a provisional capacity, had passed a civil service examina- tion for the position of Senior Stenographer and recommended her permanent ap- pointment. By Alderman Rundle: seconded by Alderman Robinson RESOLVED, that (Mrs.) Carole Grover be permanently appointed to the position of Senior Stenographer in the City Clerk's office at an annual salary of $5,527.00, the minimum of grade 24 in the Compensation Plan; that her appointment shall be subject to the usual probational term and that it shall become effective as of December 1, 1970. Carried i 8, -2- December 2, 1970 LOC?:L LAIV: Attorney Weinstein presented a proposed local law amending Local Law No. 1-1968 by re-wording the first sentence thereof to read -- The Ithaca Urban Renewal Agency is hereby requested to pay -- He explained the original law used the word "re- quir,.;d" which was contrary to law. By alderman Boronkay: seconded by Alderman Spano RESOLVED, that the proposed amendment to Local Law No. 1-1968 be received and laid on the table for subsequent action, Carried POLICE 0., T AND HOLIDAY PAY: Attorney Weinstein reviewed State Law and Article VI of the current Bargaining Agents' Agreement with the P B A regarding holiday pay for members of the Police Department- He recommended an amendment to the Agreement to provide that all accumulated compensatory time for holidays in excess of 40 hours shall be paid in cas° He estimated that accumulated overtime in the Police Department since September 2nd a- mounted to $5,000.00 and that holiday time amounted to $7,000.00, and recommended approval of a transfer within the Police Department's current budget to provide for payment there- of. By Alderman Sullivan: seconded by Alderman Robinson RESOLVED, that Article VI, Holidays, of the Agreement between the City and the P B A, effective January 1, 1970, be .-unended by adding thereto the following sentence: All holiday time accumulated by Police Officers in excess of 40 hours each shall be paid in cash except that an officer, upon leaving. the City's service, shall be entitled to receive all of his accumulated holiday time in cash. Carried. By Alderman Rundle: seconded by Alderman Sullivan RESOLVED, that the Council hereby authorizes the transfer of the sum of $5,000.00 with- in budget account #A-82, Police Department, from line item 101 (salaries) to line item ' 103 (overtime salaries) to pay for regular overtime for members of the department. ; '• AYES: 13 NAYS: 1 - Robinson Carried By Alderman Rundle : seconded by Alderman Sullivan RESOLVED, that the Council hereby authorizes the transfer of the sum of $7,000.00 within> ?' budget account #A--82 from line item 101 (salaries) to line item 104 (holiday salaries) to pay for accumulated holiday time for members of the department. AYES: 14 NAYS: 0 Carried. N.Y.S. U.D.C. LEASES: Attorney Weinstein recommended renewal of a lease between the City ("Tenant") and NYS UDC ("Landlord") covering the E. Green Street parking lot and another lease covering the Corson parking lot on Dryden Road, both of which expired on Dec. 1, 1970. By Alderman Nordheimer: seconded by Alderman Robinson RESOLVED, that the Mayor and City Clerk be authorized to execute renewals of these leases on behalf of the City, under its Corporate Seal, upon approval thereof by the City Attorney. Carried. CITY SCHOOL DISTRICT LEASE: Attorney Weinstein reviewed a proposal by the City School District to lease from the City part of the former Naval Reserve Training Center bldg. on N. Cayuga Street for the year 1971 for one-third of the operating cost of the entire building. The proposal was referred to the Public Works & County Relations Committee and the Board of Public Works for report with recommendation thereon. V ELM STREET HOUSING PROJECT: Attorney Weinstein reported that NYS UDC was prepared to turn over to the City a water main it had relocated to serve the Elm Street housing project in return for a conveyance to it by the City of a right-of-way for a former water main constructed by the City. By Alderman Nordheimer: seconded by Alderman Nichols RESOLVED, that the Mayor and its City Clerk be authorized to sign and execute such a conveyance upon approval thereof by the City Attorney. Carried, SPCA AGREEMENT: It was moved by Alderman Rundle, seconded by Alderman Bangs and carried that discussion of an agreement with SPCA be tabled until the next meeting. TAX EXEMPTION FOR ELDERLY: It was likewise moved, seconded and carried that discussion of this item be tabled until the next meeting. -3- December 2, 1970 CITY SCHOOL DISTRICT AFTER-SCHOOL PROGRAM: The Controller explained a proposal by the City School District whereby it would pay to the City the sum of $3,264.00 to operate an after-school program under the supervision of the Youth Bureau's staff. He felt an amend- ment to the city's budget was necessary to provide for the funding of this program. By Alderman Rundle: seconded by Alderman Spero RESOLVED, that the 1970 General Fund Budget be amended by adding to budget account Tdo. A209, Youth Bureau, the sum of $3,264.00 and by adding to revenue account A-1964 thereof the stun of a similar amount to provide for the funding of this after-school program. Carried. 'UDGET - 1971: The Controller presented a tabulation of all budget requests in the general .und for 1971 as compared with the two preceding years . It showed a total gross budget +f $4,637,920.00 with gross revenue estimated at $2,776,880.00, leaving an amount to be raised by taxation of $1,8615040.00. This would require a tax rate of $18,76 per M. for 1971. He recommended a special meeting to be held on Dec. 16, at which time the Finance Committee anticipated it could present its final recommendations on it. Alderman Bangs expressed his deep concern about the anticipated tax rate increase for next year and felt he could not vote conscientiously for anything in excess of $3.00. He expressed his hope that the Finance Committee could arrange further reductions to get the budget down to an $18.00 rate or less . He termed the City's present financial condition as very serious and apt to become more critical. Alderman Robinson concurred with Mr. Bangs and he too felt further reductions could be made. Alderman Conley urged the Comm. C to consult with department heads about further reductions. W SPENCER ROAD PROPERTY TITLE: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the City perfect its title to the parcel of vacant land at 551 Spencer Rd. , shown on assessment map 124, block 2, lot 1, which the City has purchased at tax sales from 1966 to 1970. Carried. CAPITAL IMPROVEMENTS: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that a Capital Improvements schedule for 1971 as presented by the Finance Comm. be approved and made a part of the 1971 budget. Alderman Bangs urged delay pending further review of the operating budget. By Alderman Bangs : seconded by Alderman Robinson -ESOLVED, that the foregoing resolution be tabled and the matter referred back to the finance Committee for further review. Carried. rLANNING BOARD COMMITTEE By Alderman Rundle: seconded by Alderman Andrews RESOLVED, that a Planning Board Committee be established and added to the Standing Committees of the Common Council for 1971. AYES: 1.3 NAYS: 1 - Nordheimer Carried. EXECUTIVE PAYROLL: It was moved by Alderman Rundle, seconded by Alderman Saccucci and carried that action on the Executive Payroll for 1971 be tabled until the next meeting. AUDIT: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $10,581.34 in the General Fund and $1,988.68 in the Capital Construction Fund, Police Headquarters Building, as listed on Audit Abstract #12 -1970, be approved for payment. Carried. CODE AMENDMENT NO. 9 - 1970 —LANDMARKS PRESERVATION COMMISSION: Alderman Boronkay presented and recommended enactment of an Ordinance to establish a Landmarks Preservation Commission and. it was acted upon as follows : AN ORDINANCE ESTABLISHING A LANDMARKS PRESERVATION COMMISSION FOR THE CITY OF ITHACA AND DEFINING ITS POWERS AND DUTIES. oy Alderman Boronkay: seconded by Alderman Robinson _ BE IT ORDAINED by the Common Council, of the City of Ithaca, New York, and it hereby is ordained by authority of the same that the Code of Ordinances be amended by adding thereto Chapter 24, Landmarks Preservation, to read as follows : 0 -4- December 2, 1970 CHI",P IE R 24 LANDMARKS PRESERVATION Sec. 24-1. Purpose and Intent. The purpose of this ordinance is to: a. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of landmarks and districts of historic and cultural significance; b. Safeguard the city's historic, aesthetic and cultural heritage by preserving land- marks and districts of historical and cultural significance ; c. Stablize and improve property values; d. Foster civic pride in the legacy of beauty and achievements of the past; e, Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; f. Strenghten the economy of the city; and g. Promote the use of landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the city. Sec. 24-2. Definitions. a. Alteration Permit. A permit issued by the Building Inspector which is necessary before any work can be started which will occasion a material change in the use or appearance of a landmark or a structure, memorial or site within an historic district. b. Certificate of Appropriateness. A document evidencing approval by the Landmarks Preservation Commission of a proposal to make a material change of use or appearance '""`" which must be obtained before an Alteration Permit may be issued. c. Historic District. An area which contains improvements which (1) have special charac- ter or special historical or aesthetical interest or value; and (2) represents one . or more periods or styles of architecture typical of one or more eras in the history of the City; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City. d. Landmark. A structure, memorial or site, or a group of structures or memorials , in- cluding the adjacent areas necessary for the proper appreciation of the landmark, deemed worthy of preservation by reason of its value to the City as (1) an outstanding example of a structure or memorial representative of its era, either past or present; (2) one of the few remaining examples of a past architectural style or combinations of style; (3) a place where an historical event of significance to the City, Region, State or Nation, or representative activity of a past era took place ; or any structure, memorial or site which has a special character, special historical and aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca; including (4) sites of natural or ecological interest. e. Material Change of Use or Appearance. Material change of use or appearance includes (1) any change in the type of use of land or of a structure or memorial; (2) change or reconstruction or alteration of the size or external appearance of a structure or memorial; (3) change in the intensity of the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure; (4) demolition of a structure or memorial; (5) commencement of excavation; (6) deposit of refuse, waste or fill on land not already used for that purpose, or which extends the height of any existing deposit above the level of the land adjoining .- the site; (7) commencement of or change in the location of advertising on the external 9 part of any structure; and (n.) alteration of a shore , bank, or flood plain of a river, stream, channel or of any lake , pond or artificial body of water. " Sec. 24-3. The Ithaca Landmarks Preservation Commission. To effectuate the goals of this ordinance, there is hereby established in and for the City of Ithaca a commission to be known as the Ithaca Landmarks Preservation Commission. 4 -5- December 2, 1970 a. The Commission shall consist of seven members, five of whom shall be residents of the City of Ithaca. b. Members of the Commission shall be appointed by the Mayor with the advice and consent of the Council. The members shall be appointed as follows : two from a list of four persons nominated by the Historic Ithaca; two from a list of four persons nominated by the Ithaca Real Estate Board and three at large members each of whom shall possess professional qualifications evidencing expertise in architecture , city planning or conservation in general. In the event that names are not submitted by the appropriate organization within sixty days of the receipt of the request therefor, the Mayor may proceed to fill these positions in the same manner as members at large. C. The original appointment of the members of the Commission shall be , three for one year, two for two years , and two for three years, from January first following the year of such appointment or until their successor is named to serve out the unexpired portion of their term of appointment or until their successor is appointed to serve for the term of three years . d. Vacancies occuring in the Commission, other than expiration of term of office , shall be filled by appointment by the Mayor, but such appointment shall be only for the un- expired portion of the member replaced. ,LL�e. Members may serve for more than one term and each member shall serve until the appoint- ment of a successor. f. Vacancies shall be filled by the Mayor according to the original selection as afore- said. g. Members shall serve without compensation. . h. A majority of the Commission shall constitute a quorum for the transaction of business . Sec. 24-4. Rules of the Commission. The Landmarks Preservation Commission shall elect from its membership a chairman and a vice-chairman whose terms of office shall be fixed by the Commission. The Chairman shall preside over the Commission and shall have the right to vote. The vice-chairman shall, in cases of absence or disability of the chairman, perform the duties of the chairman. b. The Planning Officer shall serve as the secretary to the Commission. The secretary shall keep a record of all resolutions , proceedings and actions of the Landmarks Preservation Commission. c. The Commission shall adopt rules for the transaction of its business which shall pro- vide for the time and place of holding regular meetings . Regular meetings shall be held at least once each /month/. They shall provide for the calling of special meetings by the chairman or by at least three members of the Commission. All regular or special meetings of the Commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before the Commission before it reaches its decision. d. The Commission shall keep a record, which shall be open to the public view, of its resolutions, proceedings and actions . The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall constitute approval of plans before it for review, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit an annual report of its activities to the Mayor and make such recommendations to the Common Council as it deems necessary to carry out the principles of this ordi- nance. Sec, 24-5. Powers of the Commission. a. The Commission may designate landmarks and districts of historic and cultural sig- nificance. The Commission may proceed at their own initiative or upon a request from any person, group or association. b. In no event shall a landmark or district be designated until the Commission has con- ducted a public hearing thereon. In the event that architectural style is a basis for such a designation, the Commission shall not proceed to designate any landmark or district until the record illustrates the existence of expert opinion favorable to such a designation. 4 . -6- December 2, 1970 of c. Within seven days after de<_s.i,gnation^a landmark or-historip ;district, the Commission shall file a copy of such designation with the Planning Board and with the Common Council. Within sixty days of the designation by the Commission, the Planning Board shall file a report with the Council with respect to the.relation.oi'_ such designation to the master plan, the zoning laws , projected public .improvements and any plans for the renewal of the site or area involved. The Council shall within ninety days of said designation approve, disapprove or refer back to the Commission for modification. Any designation approved,by the Council shall be in effect on and after the date of approval by the Copneil, d. After approval of a -designation by the_,Council, no material changeAn the use or appearance of a landmark or a structure, memorial or site within an historic district shall be made or pgrmitted to be made by_ the owner-or occupant thereof unless and until an alteration-permit shall have..begn obtained. e. After approval'-of a designation by the Council., it shall be the duty of the Landmarks Preservation Commission to review all plans for any and all material changes of use or appearance of a landmark or of a structure , memorial or site within any historic district and it shall have,the, pgwer to pass, upon such plans before a permit for such activity„can be granted:;: provided.,that the Commission shall-.pass ;only on such exterior features of such a change as are visible from the public way, and shall not consider interior arrangements . The Commission shall issue a Certificate of Appropriateness if. i-t approves the plans -submitted to. it for review. The Commission shall approve the plans only if it finds either: (1) .-The proposed .work in creating, changing, destroying or affecting the exterior architectural features of the improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of. either the landmark or, if the improve- ment is within a district of the neighboring improvements in such district. In considering architectural and cultural value the Commission shall consider whether the proposed change is consistent with the historic value and the spirit of the architectural style of the landmark or district; or (2) that .the deud:-a1 of. a Certificate of Appropriateness would prevent the owner of the 1andma..rk,,or..improvement within a district:'-,from earning a reasonable return on- his. proper. aubjecttt to this i�6gulati6n. The Building Inspector shall not issue an Alteration Permit until such Certificate of Appropriateness has been issued by the Commission. f. Demolition of structures erected on landmark sites or within historic districts and deemed by the Commission to be of a particular architectural or historical signifi- cance shall be prohibited unless , upon application and hearing, the Commission finds that the prohibition of demolition prevents the owner of the property from earning a reasonable return. In the event that the structure is found to be of unique value , the Commission may notwithstanding the showing of an absence of a reasonable return, deny permission to demolish, provided howsoever, that a denial of permission to de- molish shall prohibit demolition for no more than 90 days from the date of applica- tion for a permit to demolish unless at the expiration of 90 days adjustments have been made which allow for such a return. During this 90 days the Commission shall endeavor to work out with the owner an economically feasible plan for the preserva- tion of such structure; provided moreover, that the Commission shall reimburse the owner any difference between a fair return and the return he might reasonably have obtained using the structure in its then state. g. The Landmarks Preservation Commission may recommend the Common Council of the City of Ithaca exercise its authority to exempt such structures , as may be designated by the Commission as having historical and architectural value, from municipal taxation for such period of years as the Council may determine ; provided, however, that the owners of said structures , for themselves , their heirs and assigns , shall agree by covenants contained in duly executed instruments capable of being recorded, with the _;, Commission and the City of Ithaca, that the said structures shall never be altered or demolished without the approval of the Landmarks Preservation Commission. h. The Commission shall maintain constant effort to seek out and obtain state and federal funds available for landmark and historic district preservation. The Commis- sion may solicit and accept gifts which enable it to finance arrangements entered into pursuant t ''sub-section f. above. 4 i -7- December 2 , 1970 i . Plans for the material change of use or appearance of any improvement or proposed improvement which (1) is owned by the City and (2) is or is to be located on a land- mark site or in an historic district , shall, prior to City action approving or other- wise authorizing the use of such plans with respect to securing the performance of such work, be referred by the agency of the City having responsibility for the prep- aration of such plans to the Commission for a report. Such report shall be submitted to the Mayor and to the agency having such responsibility within thirty days after such referral. No officer or agency of the City whose approval is required by law for the construction or effectuation of a City-aided project shall approve the plans or proposal for, or application for approval of, such project , unless , prior to such approval, such officer or agency has received from the Commission a report on such plans , proposal or application for approval. j. The Commission shall make such investigations and studies of matters relating to the protection, enhancement, perpetuation or use of landmarks and historic districts, and to the restoration of landmarks as the Commission may, from time to time, deem nec- essary or appropriate for the effectuation, of the purposes of this ordinance , and may submit reports and recommendations as to such matters to the Mayor and other agencies of the City. In making such investigations and studies, the Commission may hold public hearings and call upon experts as it may deem necessary or appropriate. {� Sec. 24-6. Procedure For the Review of Plans . a. It shall be the duty of the Building Inspector to accept applications for the altera- tion permits required by this enactment. In the event that a building permit would be required to proceed with the proposed development notwithstanding the provisions of this ordinance, the application for a building permit shall be treated as an appli- cation for an alteration permit. b. Application for an alteration permit shall be made to the Building Inspector. In the event that the application is made by way of an application for a building permit, the application will state that the work is to be done on a landmark or within an historical district. Drawings and/or sketches and photographs illustrating the appli- cant's proposal shall be submitted. These exibits shall show the structure , memorial or site in question and shall illustrate the visual impact the proposed change will have upon it and its surroundings. Where facade changes are proposed in an historic district their effect upon adjoining properties must be shown. c. Upon the filing of such application, the Building Inspector shall immediately notify the Landmarks Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission, unless it pertains solely to the interior of the structure. d. The Landmarks Preservation Commission shall meet within fourteen days after notifica- tion by the Building Inspector of the filing, unless otherwise mutually agreed upon by the applicant and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans , the Commission may confer with the applicant or his authorized representative for the alteration permit. e. The Commission shall approve or disapprove such plans , and if approved shall issue a Certificate of Appropriateness , which is to be signed by the Chairman, attached to the application for an alteration permit and immediately transmitted to the Building Inspector. f. If the Commission disapproves of such plans , it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor, in writing, to the Building Inspector and to the applicant. The Commission may advise what it thinks is proper if it disapproved of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his applica- tion at any time after so doing. g. No alteration permit shall be issued authorizing a material change in use or appear- ance of a landmark or of a structure , memorial or site within an historic district until a Certificate of Appropriateness has_ been filed with the Building Inspector. In the event the Commission disapproves of a proposed plan , its notice of disapproval shall be binding upon the Building Inspector and no permit shall be issued in such a case. The failure of the Commission to act within forty-five days from 'the date of an application filed with it, unless an extension is agreed upon mutually by th-- applicant and the Commission, shall be deemed to constitute approval. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application requires further time for additional study and information than can be obtained within the aforesaid period of forty--five d ,ys , then in said event the Cc,-:Mi- -8- December 2 , 1970 h. After the Certificate of Appropriateness has been issued and the permit granted to the applicant, the Building Inspector shall from time to time inspect the construc- tion, alteration, or repair approved by such Certificate and shall take such action as is necessary to enforce compliance with the approved plans . i. Nothing in this Ordinan ce shall be construed to prevent ordinary maintenance or repair of any structure within an historic district or on a landmark site. Sec. 24--7. Cooperation of Other Departments. As an aid toward cooperation in matters which eoncern the integrity of the designated landmarks and historical districts, all public officials shall upon request furnish to the Commission within a reasonable time the available maps , plans, reports , statis- tical or other information the Commission may require for its work. Sec. 24,-8. Appeals may be taken to the Common Council by any person aggrieved by a ruling of the Landmarks Preservation Commission. Sec. 24-9. Violations and Penalties . For every violation of any provision of this ordinance the owner, general agent, tenant, occupant ,or contractor of a structure, memorial or site involved shall be guilty of an offense punishable by a fine not exceeding $50.00 or by imprisonment for a period not exceeding 60 days , or both. Each week's continued breach shall constitute a separate additional violation. In addition, the Council shall have such other remedies as are . provided by law to enforce the provisions of this ordinance. Sec. 24-10. Validity. Should any sections or provision of this ordinance be decided by the courts to be un- constitutional or invalid, such decision shall not affect the validity of the ordi- nance as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. Sec. 24-I1. Short Title. This ordinance shall be known and may be cited as "The City of Ithaca Landmarks Ordinance." Sec. 24-12. Effective Date. This ordinance shall take effect at noon on January 1, 1971 AYES : 12 - Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones , Nichols , Nordheimer, Spano, Andrews NAYS: 2 - Rundle , Bangs Carried and approved by Mayor. LOCAL LAU'S - POLICE COMMISSIONERS: By Alderman Boronkay: seconded by Alderman Nordheimer RESOLVED, that the following local laws, tabled on August 5 , 1970, be removed from the table for discussion and action at this time : 1. A Local Law to provide for the appointment of police personnel. 2. A Local Law to provide for the appointment of three Police Commissioners by the Mayor of the City of Ithaca. 3. A Local Law to provide for the organization and meetings of the Commissioners. Carried. During a discussion, Alderman Nordheimer recommended an amendment to provide for one Police Commissioner instead of three but with the language of the present Charter changed to that contained in the proposal for the three, commissioners. Alderman Robinson favored one commissioner while Alderman Bangs , Mayor Johns and Deputy Chief Herson spoke in favor of three commissioners. 4 -9- December 2, 1970 Action was taken on the foregoing proposed Local Laws as follows A LOCAL LAW TO AMEND SECTION 21 OF THE ITHACA CITY CHARTER (Sec. 2-21 as codified) TO PROVIDE FOR THE APPOINTMENT OF POLICE PERSONNEL By Alderman Boronkay: seconded by Alderman Nichols BE IT ENACTED BY THE COMMON COU14CIL OF THE CITY OF ITHACA, NEW YORK, as follows : "'action 1. Sec. 21 of the Ithaca City Charter (Sec. 2-21 as codified) be and it hereby amended to read as follows: e6licemen of the City shall be appointed by the Mayor. The policemen and officers of the force now in office shall continue to be policemen; but each subject to removal by the Mayor when found to be incompetent, negligent or guilty of misconduct in and about, or unable to perform the duties of his office , or guilty of willfully violating any of the rules and regulations of the police commissioners or any superior officers . Section 2. This Local Law shall take effect on January 1, 1971. vote by roll call was taken which resulted as follows : 0 W1YES: 14 A.YS: 0 Carried. Approved by me this 2iy day of December 1970 and lited Local Law #4- 9 0. i Mayor, City aca, N.Y. A LOCAL LAW AMENDING THE ITHACA CITY CHARTER BY ADDING THERETO A NEW ECTION 21-A TO PROVIDE FOR THE APP'T. OF THREE POLICE COMMISSIONERS BY THE MAYOR OF TH CITY OF ITHACA. By Alderman Boronkay: seconded by Alderman Conley IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, as follows: .'ttion l. . The Ithaca City Charter be and it hereby is amended by adding thereto a new Section 21-A to read as follows : The Mayor shall appoint a Board of Police Commissioners consisting of three Commissioners. The term of office of Police Commissioner shall be three years commencing on the first day of January, one Commissioner to be appointed each year except at the first instance one member shall be appointed for a one-yeFtr term, one member for a two-year term and one member for a three-year term. No elected City Official shall be a Police Commissioner. A Commissioner shall hold office until his successor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner set forth under L.1908, Chapt. 503. All Police Commissioners shall be duly qualified electors of the City of Ithaca for at least two years immediately preceding their appointment. The Board of Commissioners shall have power to enforce within the City the laws of this State relating to the police thereof. They may prefer charges against any member of tho police force and may prescribe and enforce rules, by-laws and regulations for the govern- ment of the police force of the City, not inconsistent with the laws of this State, which shall be promulgated through the Chief of Police to the whole force, and the Chief shall have immediate direction and control of the policemen 'under such rules . The Board of Police Commissioners shall recommend on their own initiative 'or at the request of the Mayor or the Police Chief on any matter affecting the policy or performance of the . F"- 'ice Department, including its finances and its budget ; shall make provisions for rec- G ing complaints from the citizenary related to matters under their jurisdiction; and �1 perform such other related duties as requested by the Mayor or the Common Council. The Police Commissioners shall serve without salary. Section 2. This Local Law shall take effect on January 1, 1971. A vote by roll call was taken which resulted as follows : AYES: 8 - Bangs , Slattery, Saccucci , Conley, Feldt, Boronkay, Jones , Nichols NAYS: 6 - Robinson, Sullivan, Nordheimer, Spano, Rundle Andrews Carried. Approved by me this 22NDday of December 1970 and d s)i ated Local Law #5-19 f Ni yor., City of. raeu i 4 - u -10- December 2 , 1970 A LOCAL LI.W TO AMEND TH2 ITH."XIt. CITY CHr".RTER BY ADDING THERETO A NEW SECTION 21-B TO PROVIDE FOR THE ORGA14IZATION Q4D MEETINGS OF POLICE COMMISSIONERS By Alderman Boronkay: seconded by Alderman Nichols BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITH11C, , NEW YORK, as follows : Section 1. The Ithaca City Charter be and it hereby is amended by adding thereto a new Section 21-B to read as follows: At their first meeting in January of each year, said Police Commissioners shall organize as a board by electing one of their number as chairman. Said board shall hold such stated and special meetings at such time as they may determine but at least once in each month. ;.'wo members of said board shall constitite a quorum. ,; Section 2. This Local Law shall take effect on January 1, 1971. A vote by roll call was taken which resulted as follows : AYES: 14 NAYS : 0 Carried. Approved by me this a2,mpday of December 1970 and $ ignited Local Law #6 70. Mayor, City of Ithaca, N.Y.. i LOCAL LAW - BOARD OF PUBLIC WORKS: Alderman Boronkay presented a proposed Local Law to amend several sections of the City Charter to provide for the establishment of a Dept. of Public Works within the City of Ithaca and the elimination of the Board of Public Works. Copies thereof were distributed to each alderman. It was moved by Alderman Boronkay, and seconded by Alderman Nordheimer that the proposal be received and laid on the table. During a discussion of the motion the question was raised as to what would be the effect if the motion was defeated. Attorney Weinstein ruled that a vote on the motion was unnec- essary and that in any event provisions of the Municipal Home Rule Law required that it must be laid on the table for a period of time of at least seven calendar days. It was therefore decided to lay the proposal on the table as required by law without vote. Mr. David A. Saperstone , a former member of the Board, spoke and vigorously opposed the elimination of the Board. TAUGHANNOCK BLVD. - SPEED LIMIT: Alderman Sullivan recommended approval of a recommendation of the Board of Public Works that the speed limit on Taughannock Blvd. and Park Road, from the city line to the West State Street bridge, be increased from 30 to 40 mph. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the traffic ordinance (Sec. 15-79 ) be mended to increase the speed limit on Taughannock Blvd. and Park Road from 30 to 40 mph. as recommended by the Board of Public Works. AYES: 2 - Sullivan, Saccucci NAYS: 12 - Bangs , Robinson, Slattery, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle , Andrews Motion defeated. S. `,AURORA STREET TRAFFIC STUDY: At the request of Alderman Jones , the Superintendent reviewed the result of a study made to improve traffic conditions on S. Aurora Street at Hillview Place. He felt the installation of a flashing caution light on Aurora Street, a flashing stop sign on Hillview, and some flashing school signs in the area would improve traffic conditions . He estimated the cost of such a plan at $6,000.00. It was moved by Alderman Nordheimer, seconded by Alderman Jones and carried that the matter be referred to the Capital Improvements Review Committee for further consideration." i POLICE DEPARTMENT INVESTIGATION; Alderman Andrews presented and read a CONFIDENTIAL report of an investigation he had made of the Police Department. It was dated Sept. 13, 1970 and addressed to Alderman Sullivan, Chairman of the Public Safety Committee. (A copy of his report is attached to the minutes) . Mayor Johns criticized Alderman Andrews severay for making his report public without discussing it first with the Chief and the Deputy Chief. Deputy Chief Herson indicated he would review the report and prepare a reply for presentation to the Mayor and Alderman Sullivan. Alderman Robinson expressed his feeling that the report did not go far enough and that discussion of the matter be continued in Executive Session. 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J,' 4P .;O L!'a _ 1 };'. ,'3TC�1. �hCll '7_":"o!',in 1 i"1!'. all I'l , CL1_L(?() {",O aj, C'''1C?t1t, v _f,}: !,Tll°. ",Dvr!� 1-� �.O ,I- i 1701, f�11 to11I'ce WO hay. , prn rn,;d "1 !,o I",O '.'low Lo ,1.o vridke a r T :. Ora,(>r ^olirc-, fo_- -o ha' C`1': co°.'.roue to .._ a �r .il• �. �L�.,� ��, _. i �� c„� < _ � ,. is �) ..�(��- [7� .._� nr �''�`G� O "7 C 3:i0 n Off? O n,n FrrB@11G1i, 0: Oi Z pro o!'E3 that, I.hl- i.mri r alLr ',—* nf•y no,,., ent-cT t,h- pictii-c`. `T'h7_!' :O'_Ltr� "!:'t_1C: A O�JE T 1 t:, ^,O ��Y,a i, no O, l: ��1f', bi.m. o rLtiL. "?, t: lT 'l .^o ,I -ow- )f ..,3 L J ar..•�n Cl c Vim; hC' 0" .ia ';O'liG J f �.- n i_ri o q• P �.n. rr,. - _ -gip 07e- ,1_r 0=,, t p r � �C 7,,,.. c•'r�p i,�C: �1: J'. : 110 1 lmo O 771 solv!, `l`l n1:1(, �iOY)LF?I1^ RLl_!'}i a']. E?� �dl��„CVCti" C 1Z3�L0.`l;ll TJ:."OT)1._e -2- havo to to -Olv-d, and indeed, Oh" Cownt7 could vpry w-11 WaKiph V wakrr ra5er Fr) • "i "1!.,.,1 ').I 1(!- W, 1,h( C I .1i. !':, po! ,.:., ,"-1 1.1, i I.-I t. (:,I 1, i - !:1k)..I. n' ""r " qaoP--%nq " wha"" W%7 UWAAn W Wavid- wqVr lo Op ankire, -omnln"7; D", 7000 -nizinn %�- 0 - InizaAW0, grill .lanl a96 Pe--ona!K7 problems WUSA havP a-irnn, "I WoAld 00-M V," 1>0 bn-L 701"NOn woulq i o a lirect Coqnty- Vn7 water -unP17 -ontract. Mer AP -17L"n, oac4 of the ."ow n- can deal directly -V" 140 Coin I- A-Pn-7 an! the Coln` 1I1` cur K-ren Ur nr—W invol7-mant Ath the riblart of vater rupply. APLOr all, in an ar-a which is naturall1v wQ lo4 Or d waW, kh- qun-Urp or 1,1j, jojq, Woon for tali- Arnivy. Indeed, our crra:n; concern us an hnone, would he how io MLAWW 50 water a1 C=G iniQ7 and PaIrL7 �o �' j VIA can r0A-0-qnlY 4c -uppliad n7 a AnAn -yp%an. 1 would like to ohat Ya in An W7 ferl, a- do many of you, that an qpinnd nource is the mo-t lonv-Vrm wqv"- nuPP17. v 01 W mv An• 0, A7U -1 nap!'', err L^ n"`1v Maki n7 P-elimi""7 r ,ud 1 no nVol ro"ro. . ho-vvnr, tW PO far in 540 fl�IrO nh" t K rhOuld he allowed to "I '" t4c 1 -c7r" n ,n& I anit an thig VQn-y LO PrO•end at onne with An election of P"rmaAes, O -0 Oat n Propor commWen ran h- Rnpninked Lo implamw Moe -11- December 2, URB ,i1 REi1EWU REPORT: Alderman Run,d-lQ reported that development of the hotel block would be discussed in an all-day session :in Rochester on Friday between developers and prospec.-` tive clients . He indicated Urban Renewal Director Daley planned to attend this session. .''.iderm:,n :Bangs asked if the hotel--s.ite block eould_•�)e filled in and made ava,ilablc for off-street parking in the event further delays were -(Encountered. Mr. Daley stated it could be done by the City but not with Urban Renewal fund,_ F1 NCOCK-FBI!=S011 HOUSING: ,lderman Saccucci again complained about the conditio�i._.��._tr, :�.rcock MadisonStreet site and on motion of .':lderrriwr_:�1ordh imer and s0 db'nded by ,,Idef Tian ' Robinson, the matter w� ,..,referred to: Pfayor. CCUIVTY WATER .AGENCY: `,Finan S4*1yvap} presented and-,rc-ad a prep_red-_'stwt nt he intended to preserit` to the County Tater tg:r�c,Y, as a member, ther<�of,:.exprossing �� City!s interest in coorer�tin in any wa r. pos,s�l�l,�.,,.te :prouide water to th entire community-through direct County-City water-supply Gontrp.et -arrangement. STREET LIGHTING PROGRtId: By .11derman Nichols: seconded by 1,lderma.n Bangs RESOLVED, that i�.Y.S, Electric & Gas Corporation be requested to continue its r-ioderri"t: Aff , and improvement of the street lighting system throughcut the residential areas• in `t�iE'`'Ciltyi� with all possible speed. d ; , INLET PARK POLES: U p on inquiry b y alderman Feldt, .Centrcller Russell report d anextensir o ri z of time for,removal of street-light poles in the vicinity of Inlet Park had been granted'f'U by N.Y.S. Department of Parks & Recreation until December 31, 1971. SPENCER ROAD WATER RATES : 1 lderman Saccucci again inquired about the status of the wa.� rates in the Spencer Road area, It was indicated that a report thereon would be made by the Board of Public Works at its meeting on December 9th. ;T. 1 )n motion the me2tjng was adjourned. at 11:30 p.m. Geo. A. Blean, City Clerk r r--- HOna Johns , Mayor Y! r Cn*j,xt)rt rOT'"ICIL Pn0(7FDIT1G` CITY OF ITHACA, NE''! YORK Special Meeting 5:00 P.M. December 16, 1970 PRESENT: Mayor - Johns Aldermen (14) Robinson, Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Spano, Rundle, Andrews, Ban7s. OTHERS PRESENT: A1derman-Ele7t - Gutenberger Supt: of -Public .'Yorks -Din-m"-- Attorney - Weinstein Urban Renewal Director - Daley Controller - Russell Clerk - ?dean . Mayor Johns announced he had called this special meeting to hear a report from the City's ; Negotiating Committee, discuss wage negotiations for 1971, and take such action as might be deemed necessary. " . EXECUTIVE PAYROLL - -1971: It was decided to discuss the Executive payroll for 1971 first; an Alderman Rundle presented a majority recommendation of the Finance Committee that all of those included on the Executive payroll, excluding the Mayor and City .Judge who were not eligible and the position of Planning Director because of a vacancy in that position, be granted a $500 across-the-board increase for 1971. He-,presented a minority report on behalf of Alderman Robinson that no increase be granted to anyone on this pay- roll. A recommendation of the Superintendent for special consideration for the position of Bldg. Comm'r. and that of. the Board of Fire Commis, on behalf of the three Asst. Fire Cheifs were considered. Recommendations of the Board of Public Works on' behalf of its personnel on the Executive payroll were noted. Alderman Robinson entered at this point in the proceedings and expressed his concern about granting any increases in view of the fact .that the City is facing adoption of an austerity budget for next year. By Alderman Bangs: seconded by Alderman Andrews RESOLVED, that the Council approves a $500 across-the-board increase for 1971 for 21 persons included on the Executive payroll; and the the City Controller be authorized to include the new salaries in the tentative budget for 1971 in accordance with the fol- lowing schedule: NAME POSITION 1970 SALARY 1971 SALAPY I Hunna Johns Mayor $12,000.00 $12,000.00 John L. Russell City Controller 1:9,454.00 19,954.00 Joseph A, Spano Asst. Controller 10,802.00 11,302.00 Geo. A. Blean City Clerk 141215.00 14,715.00 John-D., Wrighi City Chamberlain 11 683.00 12,183.00 Robert 0. Dingman Supt. of Public !Yorks 194454.00 193%954.00 Vincent P. Hannan Asst, Superintendent 15,375.00 15,875.00 John A. Dougherty Asst. to Superintendent 13,142.00 13,642.00 Howard R. Schlieder City Engineer 14,215.00 14,715.00 Edison Jones Bldg. Comm'r. 8878.00 9,378.00 (Vacancy) Planning Director 121637.00 - Robert Cutia Youth Bureau Director 12,637.00 133,137.00 Herbert L. VanOstrand Chief of Police 13,668.00 14,168.00 James Herson Deputy Chief of Police 13,142.00 13,642.00 Charles M. Weaver Fire Chief 1441215.00 14,715.00 Phineas K. Reeves Asst. Fire Chief 93-987.00 103`187.00 Charles Tuckerman Asst. Fire Chief 9 987.00 100487.00 Thaddeus Fairbanks Asst. Chief 110234.00 11,734.00 Edwin Lynch Parks Supervisor 12,151.00 12,651.00 Paul H. Fidler Street $ San. Supvr. 120637.00 13,137.00 James J. Clynes, Jr. City Judge 10,600.00 10,600.00 Fred Weinstein City Attorney 80500.00 9,000.00 Paul Tavelli City Prosecutor 7$ 00.00 8,000.00 George Pfann Acting City Judge 2,500.00 3,000.00 Alderman Feldt expressed concern about no provision being made for a Planning Director and the discussions that took place at a recent informal meeting of the Council with the Planning Board regarding the future role of the Planning Board and its staff were reviewed in detail. By Alderman Nichols: seconded by Alderman Feldt RESOLVED, that the foregoing motion be amended to approve a $400 across-the-board in- crease instead of $500. AYES; 7 - Robinson, Slattery, Feldt, Jones, Nichols, Nordheimer, Conley NAYS: 7 - Saccucci, Sullivan, Boronkay, Spano, Rundle, Andrews, Bangs. Due to a tie vote, k4ayor Johns voted in the negative. 'potion ^ereat_e:? -2- December 16, 170 A vote on the original motion was then ta;:en which resulted as follows: AYES: 12 - Slattery, Saccucci, Sullivan, Conley, Peldt, Boronkay, ..Jones, '?icho.ls, Snaro Rundle, Andrews, Bangs, NAYS: 2 - Robinson, Nordheimer. 'lotion Carried It was moved by Alderman Nordheimer and seconded by .'klderman Conley that the funds for the position of Planning Director be included in the 1971 budget. After some further i discussion, this motion was withdrawn upon advice from the City Attorney that the Council's action could be amended from time to time until adoption of the 'inal budget in May, 1971. ZONING MAP AMENDMENT: Alderman ,'Andrews recommended that action be taken to set a pu lic hearing; on a proposal to amend the Zoning "lap in accordance with a petition filed at the last meeting. By Alderman Andrews: seconded by Alderman Feldt RESOLVED, that the Clerk be authorized and directed to advertise a public hearing to be held by the Common Council at its regular meeting on January 6, 1971, on a proposed amendment to the Zoning Hap as follows: �.. Change the area bounded by Cornell Street, 'Iitchell Street, east city line, and Miller Street from R-2 to an R-1 zone. C �= Alderman Robinson objected to action on the matter at this meeting since it did not appear on the agenda, and further discussion of the matter was therefore discontinued. EXECUTIVE SESSION: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the Council be convened in Executive Session to discuss ware negotiations for 1971 with its Negotiating Committee. Alderman Bangs objected at first but later withdrew his objection when he was advised the City's Negotiators had promised the several Bargaining Agents that they would not disclose the nature of either one's request to the others. Motion Carried Mayor Johns declared a five-minute recess at 6:05 p.m. ; -1m d at the end of this time, he recalled the Council to order in Executive Session. John L. Russell, Chairman of the Negotiatina Committee, advised that the Civil Service Employees' group and the Laborers' Union had both declared an impasse and expressed his feeling that the other two groups - PBA and the Paid Firefi7hters' Association - were about to do the same. He revealed and explained in detail the requests of each mroup and the Negotiators' offer to each group on behalf of the City. He then read a letter from the CSEA requesting that, in the event an agreement between iT,, CSEA and the City was not reached by December 31, 1970, the existing contract be con- tinued until a new agreement was reached and also reserving the right for CSEA to nego- tiate a new contract which could be made retroactive until January 1, 1971, The Commit- tee recommended approval of the first request but not the latter. By Alderman Robinson: seconded by Alderman Rundle RESOLVED, that the Council authorizes the City Controller to continue to pay city em- ployees, represented by selected bargaining agents, after January 1, 1971 under their respective 1970 agreements as though they remained in effect after such date; and that he be directed to continue such practice until new agreements have been negotiated and put into effect. Carried By Alderman Nordheimer: seconded by Alderman Robinson RESOLVED, that the request received from CSEA to have its 1971 agreement, negotiated after January 1, 1971, made retroactive until January 1st be denied. Carried •, d Mr. Russell then explained in detail all of the steps required to be taken by law after an impasse has been declared and he asked the Council for further guidance for the Negotiating Committee in its future attempts at negotiation. By Alderman Robinson: seconded by Alderman Spano RESOLVED, that the report of the City's Negotiating Committee be accepted and approved as the Council's position in wage negotiations -For 1971; that the Committee be directed to make no further adjustments or offers in exces of those alread�lmade,_, Unanimously Parr O On t' e on the me, ti g was adjour ed at 7:00 p.m. o. can, c ity 0 r. --r unna o , 50 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK SPECIAL MEETING 7:30 p.m. December 30, 197.0 PRESENT: Mayor - Johns Aldermen (14) - Slattery, Saccucci, Sullivan, Conley, Feldt, Boronkey, Jones, Nichols , Nordheimer, Spano, Rundle, Andrews , Bangs , Robinson If OTHERS PRESENT: Alderman-elect - Gutenberger Controller - Russell Attorney - Weinstein Assistant Controller - Spano Chief of Police - VanOstrand City Chamberlain - Wright Fire Chief - Weaver Clerk - Blean B.P.W. Commis. - Downing, Golder, Putney Deputy Clerk - Grey Asst. Superintendent - Hannan Youth Bureau Director - Cutia Acting Planner - Meigs All those present stood and were led by the Mayor in a pledge of allegiance to the American Flag. MINUTES: Minutes of the preceding meeting were approved as recorded by the Cleft. At thr request of Alderman Bangs, Mayor Johns agreed to hear from those in the audience who wished to be heard prior to the meeting only and at no other time during the meeting. Mrs. Florence Rumph read & letter from the Taxpayers' Association in support of the Board of Public Works and recommending that the idea of a referendum on abolishment of the Board be dropped. She read a letter from herself once again requesting relief from continuing the rate and one-half in effect for water & sewer services to residents of the Elmira-Spencer Road area, annexed to the City on January 1, 1958. Alderman Robinson called attention to the + most recent action on this matter which was taken by the Board of Public Works on December 9, 1970 and which recommended that the rate and one-half be continued. f By Alderman Bangs: seconded by Alderman Robinson RESOLVED, that the matter be referred to the Finance Committee for study and report. Carried. William Downing, a member of the Board of Public Works, read a prepared statement ex- pressing his own feelings about the Board by indicating he felt that elimination of the Board was not the answer. He felt, however, that important changes in the City's method of government were necessary and proposed consideration of hiring a trained, experienced City administrator who would be qualified to carry out the policies of the Council. William F. Burin, Sec. of PBA, presented a petition, signed by 27 members of the Police Department, requesting approval of the tentative wage agreement for 1971 in accordance with terms offered by the City's Negotiating Committee. A recommendation by Ald. Robinson that the Mayor involve himself in the dispute was later withdrawn and the matter left with the Negotiating Committee. CAPITOL BUS CO. HEARING: The Clerk read a letter from Drazen, Carmien and Young, attorneys for Capitol Bus Ccmpany requesting consent to transfer to it the bus franchise now held by Southern Tier Stages, Inc. to operate a bus line between Ithaca and Owego. By Aldermen Robinson: seconded by Alderman Nordheimer RESOLVED, that the City Clerk be authorized to advertise a hearing on this matter to be held by the Council at its regualr meeting scheduled for February 3, 1971. Carried. ' LABORERS' UNION REQUEST: The Clerk read a letter from the Laborers' Union, Local #589, requesting retroactive pay until Jan. 1, 1971 for its members under any new wage agree- ment approved after January 1st. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the request received from the Laborers' Union, Local #589 to have its 1971 agreement negotiated after January 1, 1971 made retroactive to January 1, 1971, be denied. Carried. -2- December 30, 1970 TOMPKINS COUNTY LIBERAL PARTY: The Clerk read a letter from Tompkins County Liberal Party strongly favoring approval of a proposed local law to abolish the Board of Public Works and having it submitted to referendum at a special election. The letter indicated that if the Council failed to approve the proposal, then the Liberal Party intended to go ahead with the circulation of petitions required to have the matter submitted to refer- endum at the general election in November, 1971. PLANNING BOARD'S BUDGET: The Clerk read a memorandum from the Planning Board recommending a revised tentative budget for the Board for 1971 of $41,942.00 which included staff salaries amounting to $34,432.00. Alderman Bangs expressed his concern about the uncer- tainty of whether or not future planning for the City should be absorbed by the County Planning Department. By Alderman Bangs: seconded by Alderman Rundle RESOLVED, that the Planning Committee, the Finance Committee and the Planning Board be requested to make further studies of combining city and county planning functions; and that the sum of $17,220.00 of the funds contained in the tentative budget for the Planning Board be placed in the Contingent Fund, earmarked for the Planning Board, pending the results of such further studies being rendered to the Council prior to adoption of the city's final budget in May 1971. AYES: (6) - Saccucci, Sullivan, Spano, Rundle, Andrews, Bangs �.. NAYS: (8) - Slattery, Conley, Feldt, Boronkay, Jones, Nichols, Nordheimer, Robinson Motion defeated. C BONNIE TOMPKINS APPOINTMENT: The Clerk reported that Miss Bonnie Tompkins who had been serving in a provisional capacity had passed a civil service examination for her position as Stenographer and he recommended her permanent appointment. By Alderman Robinson: seconded by Alderman Saccucci RESOLVED, that Miss Bonnie Tompkins be appointed permanently to the. positi.on of Sten- ographer in the City Clerk's: office at an annual salary of $4,614,00, the minimum,of grade 19 in the Compensation Plan; that her appointment shall become effective, immedi, ately, and that it shall be subject to the usual probational period. Carried. NO. 9 FIRE STATION: Alderman Spano reviewed appraisals of the old No; .9 Fire Station property whiM were made in 1968 - one at $35 ,000, and another at. $36:,65.0.:00* He stated v le had consulted with two local appraisers who had indicated the figures could be revised apward between 10 and 20% to reflect increased value. He therefore- figured. a fair appraisal of the property at current market would be about $42,000.00. A new appraisal would cost the city between $50.00 and $75.00 he stated. By Alderman Spano: seconded by Alderman Andrews RESOLVED, that the Council authorizesthe City.Clerk to advertise this property for sale with the stipulation that no bid for less than ,$35 ,000.00 be accepted.. .. By Alderman Nordheimer: seconded by Alderman Slattery RESOLVED, that the foregoing motion be amended to provide a minimum bid of $50,000.00 instead of $35,000,00. AYES: (7) - Slattery, Saccucci, Conley, Feldt, Jones, Nordheimer, Robinson. NAYS: (7) - Sullivan, Boronkay, Nichols, Spano, Rundle, Andrews, Bangs Due to a tie vote, Mayor Johns voted in the negative. Motion defeated. By Alderman Boronkay: seconded by Alderman Andrews RESOLVED, that the original motion be amended by providing a minimum bid: of 440:9000.,00 instead of $35,000.00. t AYES: (11) - Slattery, Sullivan, Conley, Feldt, Boronkay, Nichols, Nordheimer, Spano, Rundle, Andrews , Bangs LAYS: (3) - Robinson, Jones, Slattery Carried. I vote on the original motion as last. amended was then taken,which resulted .as follows : AYES: (10) - Saccucci, Sullivan, Conley, Feldt, Boronkay, Nichols, Spano_, Rundle, Andrews, Bangs NAYS: ( 4) - Slattery, Jones., Nordheimer, Robinson Attorney Weinstein ruled the matter required a 3/4 vote. (Sec. 23b. General City Law) Motion defeated.. Alderman Nordheimer offered a motion to have the building demolished and that sufficient funds be included in the 1971 budget to prepare the site for suitable uses, but his motion failed for lack of a second. 5 -3- Decein er---36.-�. 1970- By Alderman Boronkay: seconded by Alderman Bangs RESOLVED, that further consideration thereof be referred to the Finance Committee, Carried. LOCAL LAW: The Clerk reported that a proposed Local Law to amend Local Law #1 - 1968 had laid on the table the required length of time. By Alderman Nordheimer: seconded by Alderman Boronkay RESOLVED, that the proposed Local Law be removed from the table for discussion. Carried, Attorney Weinstein reviewed its contents and recommended its approval. . It was .acted upon as follows: A LOCAL LAW AMENDING LOCAL LAW #1-1968 WHICH REQUIRED THE ITHACA URBAN RENEWAL AGENCY TO MAKE PAYMENTS IN LIEU OF TA)M S TO THE CITY OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK, AND 'THE ITHACA.SCHO.OL DISTRICT. By Alderman Nordhe'imer: seconded by Alderman Boronkay BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS'FOLLOWS: Section;,l;; Section 1 of Local Law #1-1968 of the City of Ithaca, New York, is hereby amended to read as follows: The Ithaca Urban Renewal Agency is hereby requested to pay to the City of Ithaca, County of Tompkins, State of New York, and the Ithaca School District such sum or sums pf money in lieu of taxes on all properties acquired by said Ithaca Urban Renewal Agency on or after January 1, 1967 as may be properly paid under the provisions of Section 506 of the General Municipal Law. Section 2. This Local Law shall take effect immediately upon filing in the office of the Secretary of State. A vote by roll call was taken which resulted as follows : AYES: 14 NAYS: 0 Carried, Approved by me thisLday.,of January 1971 and designated Local Law #1-1971• Gcc�� M yor, City of Ithaca, .N.Y. LOCAL LAW - B.P.W. : The Clerk reported that another proposed Local Law had. laid on the table toe required length of time also and could be acted upon by the Council at this time. Attorney Weinstein reviewed the contents of this propos a,- Iaimed at abolishing the Board of Public Works and creating a Department of Public Works. He advised that if the Council approved the proposal it was still subject to approval by public referendum before it could become effective. (Sec. 23 - General Municipal Law) By Alderman Nordheimer: seconded by Alderman Andrews RESOLVED, that the proposed Local Law to abolish the Board of Public Works and create a Department of Public Works be removed from the table for discussion at this time. Carried. Aldermen Nordheimer, Feldt and Jones spoke in favor of the proposal while Aldermen Bangs, Saccucci and Slattery spoke in opposition to it. After a lengthy discussion, it was acted upon as follows: A LOCAL LAW OF THE CITY OF ITHACA PROVIDING FOR THE ESTABLISHMENT OF_ A DEPARTMENT OF PUBLIC WORKS WITHIN THE CITY OF ITHACA AND THE ELIMINATION OF THE BOARD OF PUBLIC WORKS By Alderman Nordheimer: seconded by Alderman Feldt BE IT ENACTED by the Common Council of the City of Ithaca, New York and it is hereby enacted by authority of the same: Section 1. That the following existing sections of the City Charter be deleted in their i entirety: _ { Section 107 (5-1) , Section 108 (5-2) , Section 109 (5-3 as codified) , Section,.;llO (5-4. as codified) , Section 111 (5-5) , Section 112 (5-6 as codified) , Section 113 (5-7 as codified) , Section 114 (5-8 as codified) , Section 115 (5-9 as codified) , Section 116 (5-10 as codi- fied), Section 117 (5-11 as ;codified) , Section 118 (5-12 el_f9p fied) , Section 119 (5-13 as codified) , Section 120 (5-14 as codified) , Section 121 as codified) , Section 122-a (5-16 as codified) , Section 123 (5-17 as codified) , Section 124 (5-20 as codified) , -4- December 30, 1970 Section 125 (5-21) , Section 126 (5-22 as codified) , Section 127 (5-23 as codified) , Section 128 (5-24 as codified) , Section 129 (5-26 as codified) , Section 130 (5-27 as codified) , Section 131 (5-28 as codified) , Section 132 (5-29 as codified) , Section 137 (5-36 as codified) , Section 138 (5-37 as codified) , Section 140 (5-39) , Section 143 (5-43 as codified) , Section 144 (5-44 as codified) , Section 146 (5-46 as codified) , Section 147 (5-47 as codified) , Section 148 (5-48 as codified) , Section 149 (5-49 as codified) , Section 150 (5-50 as codified) , Section 151 (5-51 as codified) , Section 152 (5-52 as codified) , Section 153 (5--53 as codified) , Section 155 (5-55 as codified) , And by adding thereto the following: Section 107. Department generally. There shall be a Department of Public Works, the head of which shall be the Superintendent of Public Works. The Superintendent of Public Works shall be appointed by the Mayor, subject to the approval of the Common Council, pursuant to the Civil Service Law and Rules. Section 108. Organization of the Department. Within the Department of Public Works there shall be the Following divisions: (a) Engineering and administration; (b) Water and Sewer; (c) Buildings and Grounds ; t.. (d) Maintenance and Construction. JO Q Section 109. Functions of the Department. The Department of Public Works shall provide for the proper and efficient conduct of all public works functions of the City govern- ment, and shall provide technical and engineering advice and assistance to other City departments as needed. Subject to the charter and local law, it shall have jurisdiction and control of the following functions , and the construction, operation and maintenance of public works, improvements, facilities and services relating thereto: (a) water supply and distribution; (b) sanitary and storm sewers and drains ; (c) _ streets , roads , bridges and sidewalks, cleaning and removing of snow therefrom; (d) control, storage and use of the waters of creeks and streams; (e) traffic engineering and street lighting; (f) parks and public recreational facilities , public tree care, and mosquito control; (g) airports and cemeteries; (h) garbage and refuse collection and disposal; (i) public parking lots and places; (j) public buildings, excepting those public buildings and equipment exclusively in the Fire Department service. Section 110. Superintendent of Public Works; Powers and Duties. The Superintendent of Public Works , subject to the charter and local laws, shall: (a) organize, direct and supervise the work of his department, and allocate its functions, powers and duties within and among the divisions established by this chapter; (b) be responsible for the preparation of all plans and specifications for public • works and improvements undertaken by the City either on force account or by public contract; (c) supervise the performance of all contracts for public works, and certify the amounts due and payable thereunder; (d) provide and maintain maps, specifications , surveys and operating records with respect to all public property, works and facilities owned or operated by the city government; (e) supervise and direct the installation and administration of departmental rec- ords , payroll and inventory controls , and cost analysis; (f) be responsible for the control, use and care of all city owned equipment, materials and supplies in the custody of the department. Section 111. Plumbing Inspections . Within the division of construction and mainten- ance, there shall be an inspector of plumbing. He shall be appointed by the Superin- tendent of Public Works and shall have, exercise and discharge the functions , powers end duties of an inspector of plumbing as provided by the General City Law, subject to the charter and local law. Section 112. Water and Sewer Rates . The Council shall from time to time fix and deter- mine water rates, sewer rentals , and all other charges and penalties to be paid by con- sumers of water and users of the sewage disposal system, and may provide for the enforce- ment and collection thereof, and for the control, protection and regulation of such facilities and the use thereof. Water rates, sewer rentals, and other charges and pen- alties shall be a lien upon the property to or for which water is furnished or sewer *service rendered, and upon becoming delinquent shall be collected in the same manner as 54 '''p 01100011100 3010 0040 is provided by law for the collection of city property taxes . Insofar as practicable, the Council shall fix and determine water rates, sewer rentals and other charges which will be sufficient to provide all costs of operation and maintenance of the w,,ter and sewer systems including without limitation thereto, reasonable reserves for repairs, replacements and extensions and for working capital, the payment of principal and inter- est on bonds issued for water or sewerage purposes and any sinking funds or reserves required thereby, the costs of surveys , plans and specifications , and such other and different costs and expenses as the Council may deem reasonably allocable to the water and sewer systems . Any surplus earnings of the water and sewer systems , available after provision for the foregoing items , may be applied by the Council toward the reduction of consumer charges or the retirement of any bonded or other indebtedness of the City heretofore or hereinafter contracted. Unless and until the Council shall exercise the powers conferred by this section, water rates , sewer charges and other rentals and charges , and penalties for the enforcement and collection thereof, as heretofore fixed , and determined pursuant to law, shall continue in full force and effect. The provisions of this law shall be subject in any event to any and all existing con- tracts between the City of Ithaca and present contract users of its sewer system and/or water system, and to any and all renewals , extensions, and modifications, if any, of said contracts . Section 113. Assessable Improvements. The Council may provide for the assessment of all or part of the costs of a local improvement upon properties specially benefitted thereby. It may determine what portion, if any, of the expense of such improvement, including the damages , award or costs of acquiring lands and rights , not exceeding in its judgement the amount of the benefit, shall be assessed upon the property benefitted, and what p�+rtion, if any, shall be paid by the City at large. It may also determine or provide for the determination of the area, district or territory benefitted, and assess or provide for the assessment of the expense and damages, in proportion as nearly may be to the benefits . Such assessment upon the lots and parcels of land to be benefitted shall be made to the several owners or occupants thereof, when known, and when unknown, to the unknown owner of any such lots or parcels of land describing the same. The Council shall provide such property owners with reasonable notice and an opportunity to be heard on the questions of benefit, the apportionment thereof, and related matters . The Council shall finally confirm such assessment, and may prescribe and apportion deferred payments thereon, make such regulation therefor as may be deemed advisable, and provide for adding to the deferred payments , the same percentages , fees and expenses as provided by law in the assessment, levy and collection of the city property taxes. The amount of each such assessment, interest and penalties shall be a lien upon the real property on which it is assessed, until it is paid. Section 114. Severability. The provisions of this ordinance are severable, and if any of its provisions , words_, phrases, clauses or terms , or the application ther if to any person , firm or corporation, or to •any circumstances, shall be held invalid, illegal or unconstitutional by any Court of competent jurisdiction, such decision or finding shall not in any way affect the validity, legality or constitutionality of any other provision, word, phrase , clause or term, and they shall continue in full force and effect. The provisions of this local law shall take effect on Jaruary 1, 1972 , if the voters of the City of Ithaca shall approve the same at a special election to be held at a date to be set by this Common Council. A vote by roll call was taken thereon which resulted as follows: AYES: ( 4) - Feldt, Jones , Nichols , Nordheimer NAYS: (10) - Slattery, Saccucci , Sullivan, Conley, Boronkay, Spano, Rundle , Andrews, Bangs, Robinson Motion defeated. Alderman Robinson emphasized the need to reform the Board, as he has done so often in the past , but said abolishing the Board of Public Works was not the solution to the problem. He said the Board should be answerable to the Council in all matters and .w► admonished Council for not working for that goal. He added that there was no justifi- cation for retaining any city boards or agencies if the argument in favor of having7nel professionals administer all functions was valid, i .e. Urban Renewal Agency, M.C.A.C. , Board of Zoning Appeals , Planning Board, etc. Alderman Bangs reviewed past functions of the Board and referred to the many prominent businessman who served with distinction on it. He felt the present Board, including the Mayor's new appointment to it , was an excellent one. He called attention to the many controversial problems solved by the Board in the past and urged that it be retained as a necessary check and balance Board. He criticized a lack of coiamunication between the 1 •r u t. ... .aii:a..._ .'''"_.•.� �`..r ';�;'C_" G take :.i.i� i.._mot.,.. j"'v' t,Gr �.t1 VC + = `�0:1 ,. _._. _._1= V..... _.l=e4T r�r 006610or Sao 100 STANDING COMMITTEE'S - 1971: The Cleric roported t„hr;17 the DQayor. ,hnd selected Standing Comrruttees oi ti c Y�.ouu-jci yr -Wh. Yeex 1971 as fo1'o°is: FINANCE AND ACCOU.ITS CHt'RTER AND ORDINANCE Rundle - Chairman Boronkay•- Chairman Bangs - Vice Chairman.. Feldt - Vice Chairman Conley Rundle Spano Bangs PUBLIC SAFETY PUBLIC WORKS AND COUNTY RELATIONS poronkay - Chairman Spano - Chairman ;ullivan - Vice Chairman Jones Vice Chairman ;utenberger Conley clattery Nichols YOUTH AND RECREATION URBAN RENEWAL AND INDUStRIAL DEVELOPI4ENT Gutenberger - Chairman Jones - Chairman Slattery - Vice Chairman Rundle - Vice Chairman Rundle Nordheimer iordheimer Sullivan GRIEVANCE EMPLOYEE RELATIONS L$accucci - Chairman Saccucci - Chairman `Veldt - Vice Chairman Sullivan - Vice Chairman Nordheimer Nichols Robinson Robinson PLANNING BOARD HUMAN RELATIONS Spano - Chairman Saccucci - Chairman Conley - Vice Chairman Gutenberger - Vice Chairman Jones Nichols Slattery Nordheimer _8LLE SHERMAN PARK TAX ExEMPTION: On recommendation of the City Attorney it was moved by Alderman Conley, seconded by iuderman Nordheimer and carried that the Town of Ithaca be requested to grant tax exemption status far =rrrc_;:imn.tellr X30 feet of the Belle Sherman Tract situated within the Town's boundaries. �urr;od_ Upon request, Mayor Johns declared a five-minute recess at 9:30 p.m. He called the meeting to order again at the end of the recess , BARGAINING AGENTS' AGREEMENT: Mr. Russell, Chairman of the City's Negotiating Committee, presented and recommended approval of a two-year agreement between the City and the Paid Firefighter's Association, effective January 1, 1971. By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that the two-year agreement between the City and the Ithaca Paid Firefighter's Association, effective January 1, 1971, for the years 1971 and 1972 be approved as rec- ommended by the City's Negotiating Committee ; and that the Mayor and City Clerk be auth- orized to sign and execute it on behalf of the City, under its Corporate Seal. Unanimously carried. BUDGET NOTE: Controller Russell requested the authorization to issue a Budget Note and it was acted upon as follows: By Alderman Rundle: seconded by Alderman Bangs RESOLVED, that theCity Controller be and is hereby authorized to borrow money in the name L f and on the credit of the City of Ithaca by the issuance of a 6-month Budget Note at x, interest rate not to exceed 4%, in the amount of $200,000 for the purpose of repaying Ae Revefue Anticipation Notes due December 31, 1970, and BE IT FURTHER RESOLVED, that the full faith and credit of the City of Ithaca hereby are pledged for the payment of said Budget Note. AYES: 14 { NAYS 0 Carried and approved by the Mayor. -7- December 30, 1970 CAPITAL BUDGET: By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the Capital Improvement Program for 1971 as detailed on page 37 of the proposed tentative budget for 1971 be approved. Carried. TENTATIVE BUDGET: . Alderman Rundle presented and recommended approval of the tentative budget for 1971, By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the 1971 Tentative Budget for the General Fund, Water Fund and Sewer Fund in. the`:,gxoss total amount of $6,009,091, as presented and recommended for adoption by the Finance Committee, be and it hereby is approved and ratified in all respects for the year 1971. Alderman Robinson expressed his displeasure with the $500.00 across-the-board included ford those listed on the Executive Payroll. Alderman Bangs thanked Department Heads and those who cooperated with the Finance Committee in effecting budget cuts which resulted in re- ducing the anticipated tax rate from $18.76 to $17.30. AYES: 13 NAYS: 1 - Robinson Carried. VAUDIT: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $5 ,636.72, as listed on audit abstract ##13-1970, be approved for payment. Carried. By Alderman Rundle: seconded by Alderman Spano RESOLVED, that the Finance Committee and Controller be empowered to approve and audit for payment, any final bills for 1970 as may require such action, and to make transfers within the 1970 Budget appropriations as may be needed due to unforeseen circumstances at this time. Carried. TAX EXEMPTION FOR ELDERLY: By Alderman Conley: secondedAy Alderman Nordheimer RESOLVED, that the Clerk be authorized and directed to advertise a public hearing to be held by the Common Council at its regular meeting on February 3, 1971 on a proposal to amend Sec. 21-8 of the Code of Ordinances to increase the total intone of property owners, sixty-five years of age or older, from $3,000 to $5 ,000 and still entitle them to partial exemption from taxation pursuant to provisions of the Tax Law. Carried. V ZONING MAP AMENDMENT: By Alderman Boronkay: seconded by Alderman Robinson RESOLVED, that the Clerk be authorized and directed to advertise a public hearing to be Ic held by the Council at its regualr meeting on February 3, 1971 on a proposed amendment to the Zoning Map by re-zoning the area bounded by Cornell Street, Mitchell Street-east city line , and Miller Street , from R-2 to an R-1 zone. Carried. BIDS - RADIO U4ITS: Alderman Sullivan recommended acceptance of a bid received from Motorola Communications & Electronics , Inc. for supplying three mobile radio units for police cars, including installation, for the total sum of $2,451.00. It was the only bid received on this equipment. By Alderman Sullivan: seconded by Alderman Andrews RESOLVED, that a contract be awarded to Motorola Communications & Electronics, Inc. for furnishing the Police Department with three mobile radio units, including their install- ation, for the total net sum of $2,451.00 in accordance with the terms of its bid sub- mitted on December 28, 1970• Carried. READING MACHINES: Alderman Sullivan read a letter from the Police Department requesting authorization to purchase two Kodak reading machines - one for use in the Traffic Viola- tions Bureau, and the other for use only in the communications room of the Department. The cost was stated to be $206.00 per unit. By Alderman Sullivan: seconded by Alderman Saccucci RESOLVED, that the Police Department be authorized to purchase two readers at a cost of $206.00 per unit as recommended. Carried. t SPCA: It was reported by Alderman Spano that SPCA had consented to continue to work as Dog Warden for the City, without a contract, on a temporary basis until final arrange- ments could be worked out with County officials. He anticipated another meeting on the subject soon after January 1st. .q CORNELL STREET SIDEWALKS: Alderman Robinson reported the Board of Public Works had surveyed the need for sidewalks on Cornell Street, adjacent to Belle Sherman School, and presented the Board's estimate for such a project which amounted to $16,780.00. -8- December 30, 1970 CARL J. YENGO: By Alderman Robinson: seconded by Alderman Nichols WHEREAS, Commissioner Carl Yengo has served as Commissioner of Public Works from 1958 through 1963, and from 1965 through 1970, and WHEREAS, he served the Board as Chairman of its Water and Sewer Committee during the modernization of the Water Treatment Plant, the Sewage Treatment Plant , the Water Distribution System and the Sewage Collection System, and WHEREAS, he served as Vice Chairman of the Board, as a member of its various other committees , and as a member of the Capital Improvement Review Committee , 11067 THEREFORE BE IT RESOLVED, that Common Council hereby formally expresses its thanks and appreciation to Mr. Yengo for his service to the Board and the citizens of the City of Ithaca, and BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the official minutes of this Council and a copy thereof be transmitted to Commissioner Yengo. Carried. ALDERMAN ROBINSON'S STATEMENT: Alderman Robinson presented and read a prepared state- (°- meni for the record. (Copy attached to minutes)--" _COMMUNITY RECREATION CENTER: Alderman Slattery presented a 6-page report entitled, "Central-Boynton Complex ' outlining a proposed School Community Recreation Center. A copy thereof was presented to each alderman. He advised that at a meeting of the Social Planning Council, representatives from the Y.M.C.A. , Northside House , Ithaca School District, City, County, Southside Community Center, United Fund, Youth Bureau and the Recreation Council had presented plans for the formation of the proposed recreation center. He recommended that Council name two representatives to an interim Committee which would be empowered to establish a permanent governing board to establish by-laws and provide for the operation of such a center. By Alderman Nordheimer: seconded by Alderman Boronkay RESOLVED, that Alderman Gutenberger and Alderman Slattery be appointed as the Council's representatives to such an interim committee for the stated purposes. Carried. [ENRY JOHNSON AND ALBERT CURRY: By Alderman Bangs: seconded by Alderman Robinson WHEREAS, Henry B. Johnson and Albert 0. Curry will both retire as patrolmen for the City of Ithaca at the end of the current year after having completed records of continuous service to the Ithaca Police Department as follows : Henry B. Johnson - from May 21, 19+6 Albert 0. Curry - from Jan. 26, 1947 AND WHEREAS, conscientious devotion to their duty in the enforcement of law and order and the protection of persons and property throughout the City of Ithaca during their entire periods of service has earned them the respect of the community, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby express its thanks and appreciation to both men for their valued services rendered to the citizens of the City as members of the Ithaca Police Department and extends to both men its best wishes for good health and happiness in their years of retirement that lay ahead. Unanimously carried. WILMER ANDREWS: By Alderman Boronkay: seconded by Alderman Jones WHEREAS, Wilmer J. Andrews has served the Council in the capacity of Alderman from the 3rd Waed since May 6, 1970, the date of his appointment, and WHEREAS, it is the sense of this Council that he gave freely of his time and efforts to serve the citizens of his Ward and the City at large in the interests of good government, NOW THEREFORE BE IT RESOLVED, that the Council hereby extends its thanks and appreciation to Mr. Andrews for his service during his term of office and wishes him good health and 'sappiness in the future. Unanimously carried. alderman Andrews responded by stating he had enjoyed his work as an Alderman during his 4hort term of office and expressed that if he could serve the City again in any capacity he would deem it an honor to do so. POLICE DEPAR'T'MENT: Alderman Sullivan read a seven-page letter from James Herson, Deputy Chief of Police , in reply to allegations about the Police Department made by Ald. Andrews at the Dec. 2nd meeting. By Alderman Nordheimer: seconded by Alderman Sullivan RESOLVED, that Mr. Herson's reply be referred to the new Public Safety Committee for its review. Carried. J �- -9- De cerabe r 30, 19 To _SPENCER ROAD WATER RATES: Alderman Robinson reported that the Board of Public Works had recommended F continuation of the rate and one-half for water user: in the Spencer Road area and felt no further action should be taken at this time since the matter had already been referred to the Finance Committee earlier in the meeting, TENTATIVE BUDGET REPLACEMENTS: Alderman Robinson reviewed requests of the Board of Public Works to have items replaced in the tentative budget. He _recommended the items referred to not b:� replaced with the understanding that the items dealing with street improvements be re-submitted for consideration later in the year if necessary, ✓ ESTY-MEADOW STREET: By Alderman Robinson: seconded by Alderman Boronkay RESOLVED, that the Council approves extension of an Experimental. Regulation, dated August 25th, requiring a right turn only at the westbound approach of Esty to Meadow Street for an additional ninety days as recommended by the Board of Public Works, Carried. On motion the meeting was adjourned at 11:05 p.m, eo. A Bel an, City Clerk Hunna johns, Mayor i i e+" 1 Throughout the course of the past Near, it has been a real privilege for me to be able to serve . this community, the people of the Second Ward, and the Common Council as Chairman of the Council' s P°ablic Works and County Relations Committee, It has been a privilege insofar as I have been able to work with other committee members who are committed to better government for our city, people with the intestinal fortitude to speak out against inefficiency, waste , and abuse of appointed power . In looking back on the past year, I truly believe every member of the Public Works and County Relations Committee did everything within their respective powers to serve the interests of the committee , the Council, and the city to the best of their ability. During 1970, in addition to observing the acts , antics , and actions of the Board of Public Works, and the Department of Public Works , the .Public Works and County Relation. Committee held several meetings wit-'a the Town of Ithaca Board. The result of those meetings was a suggested proposal for joint cooperation in several areas of mutual interest , a proposal the Town of Ithaca has yet to take final action on, and, improved communication and overall -relations with the Town Board, In observing the activities of the Boarc of Public Works , there have been --several criticisms leveled toward that body. I, for one , was quite vocal in my criticisms , and while it would have been much, much easier to sit back and say nothing and remain on the f'good" side of certain people, I, far one believe the Public is entitled to something better than that from its elected officials, The public is certainly entitled to know when the Common Council requests the Public Works Department to plow the ice at the Stewart Pars lagoon children can skate , and the job never gets done. The Public is certainly entitled to know when $75,000.00 of its money is overspent cn a pedistrian—utility bridge that began with faulty information for determining cost estimates, The Public is certainly entitled to know i �r�hen the Department of Public ��lorks , with the direct or indirect approval of the Board of ?ublic Wo.- _s, spends citi-zenst :Honey for equipment without the approval of the Public 's elected representatives. The Public is certainly entitled to know when the Board or Depur;,r.er_t of Public Works violates approved legal bidding procedures in this city, as is shown in the report of the New York State Department of r'udit and Control, and finally, the Public is certainly entitled to knoN.,, wherever the Board or Department of Public Works , or any other city commission or department for that matter, abuses its powers and authority and fails to be responsive to the will of the "pleople or the :-eoplets elected representatives. The aforementioned situations are not- hypothetical. They all happened in the City of Ithaca in the past twelve months. Further, in closing, what concerns me also , is the evidence of an attitude of negativism, an attitude that says , "Don't -'cell the truth. Don't let the Public know the truth. Do so, and ie11 bury you. " This too is not a hypothetical situation. This is taping place right now. The buriel attempts have already begun. In the past year, you, Mr. Mayor, on atleast five different occasions , have suggested to my employer 7, that I be fired from my position That is tragic; not for me , but for you, Mr. i�;ayoro Governments cannot be run in the best interests of the People when it is government by coercion and intimidation. Fortunately for me , my employer is not directed by your dictates , and notified me of your suggestions , at the same time encouraging me to act according to my conscience in the best interests of the Public, a course I would have continued under any and all circumstances. I mention this for only one reason, in the hope that the incoming Public Works and County Relations Committee Chairman will act according, to his best judgement, without i continued harassment, intimidation, and coercion, from with '-Al or Outside ol�' the confines of city hall,, and 1 hope this will be true ivy' all committees and committee chairman. A parting thoughL- for u r L ina.i action as ch9 it uan of the Publ4 c Works and County _=relations Co.mmittee : The Public is certainly e=ntitled to better �overnme at at- Call ties, i hope next year' s committees will be able to of.A. - the beta: government the Public deserves. it not, the Public will have its say, under any circumstances , in November. . . . . . . . . . . 60 i