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HomeMy WebLinkAboutMN-CC-1972 J 6 , rY ormV041 E"Y" Special Meeting 11:00 a.m. January 1, 1972 PRESENT: Mayor - Johns mayor-elect - Edward J. Conley Aldermen (10) - Saccucci, Slattery, Robinson, Gutenber.ger, Rundle, Span, Nichols, Jones, Boronkay, Conley Aldermen-elect (4) - Barber, Schmidt, Beyer, Henderson ABSENT: Aldermen (4) - Sullivan, Bangs, Ferris, DiPasquale OTHERS PRESENT: Attorney -David B, Gersh Controller - Russell Police Chief - Herson Clerk - Blean Urban Renewal Director - .'^y Deputy Clerk - Grey In addition to those listed above several friends and interested citizens were present also. vlayor Johns called the meeting to order at 11:05 a.m. for the purpose of inaugurating Mayors elect, Conley, and his administration. One item of old business was acted upon as follows: ' By Alderman Rundle: seconded by Alderman Conley RESOLVED, that bills audited and approved by the Finance Committee in the total amount of $5,769.82, as listed on audit abstract #13-1971, be approved for payment. Carried Mayor Johns expressed his thanks to retiring aldermen and remaining aldermen for their service to the city during their respective terms of office. MAYOR: Mayor Johns then called Mayor-elect Conley to the rostrum where he took the oath of office and was sworn in as Mayor by the City Clerk. He then formally turned the reins of govermmnt over to Mayor Conley by presenting him with 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. He expressed his best wishes to the Mayor Conley and his administration in the years ahead. Mayor Conley presented a badge of office to W. Johns in recognition of his services as Mayor during his term of office. At the request of Mayor Conley all those present arose and joined with him in a pledge of allegiance to the American Flag. He then accepted the duties of his office with the follot g prepared statement: Mayor Johns -- Members of Council -- Fellow Ithacans and 'My Good Friends Today, as we begin a new year, and a new administration in our City, I am hopeful that all of our citizens will take an active part in the future of Ithaca. Great opportunities - - - and many challenges - - - face us in the next two years. It is with a sense of confidence that I begin my term of office as your Mayor - - - confident that no opportunity will be lost - - - confident that each challenge will be met. I am today setting forth three major objectives of this Administration -- goals that are within our grasp. (1) The months ahead must mark the beginning of a period of broad and effective co- operation between the City of Ithaca and other governments and institutions in this area. It is no longer possible to take the position that the City can operate effectively and most economically - - - as an independent unit. We must now join our resources and talents with those of our neighbors - - - and solve our common problems by co-operative action. This is a critical concern and will require our immediate and continuing attention. Compromises will have to be made and attitudes modified - - - but the time to start is now. (2) We must work with more speed and determination on completing projects in our city that are already underway. Speed itself is not always the key to success -- but unnecessas, delay and failure to follow through promptly can be very costly - - - both in terms of dollars and the city's reputation for getting things done. We can stake improvements in this ! regard. A regular schedule or progress reports will be set up so that those in charge can . inform the Council of the current status of each program. One of our most pressing concerns Js the revitalizing of our downtown business district, but to bring this about, we mast all co-ordinate and concentrate our efforts toward this goal. 548 W&DA 5 (3) We must be more sensitive and responsive to the human zieeds of this community. This is especially true in areas such as housing --- transportatioft . - - and recreatidn - - - where many people are not economically able to adequately provide these things for themselves, The city's responsibility in these matters must be clearly determined and strongly pursued. If we are to succeed we will need new ideas -- fresh energy --- a genuine spirit of co- operation - - - and above all an attitude that is determined, positive; open and understand- ing. If we are to succeed, we- need the co-ordinated efforts of our city staff and our elected and appointed officials. In determining our course for the futuref I realize that there is no simple method. We know what we have . . . We know how far we have gone . We must now decide how to get from what we have in the present to what we want in the future. ����� 'Thank you. Edward Loft ley/� Mayor CITY ATTORNEY: Mayor Conley announced his appointment of David 0, Gersh, 213 Richard Place, as City A`t ot`rney for a two-year term ending December 31, 1973. Mr, Qorsh took the math of gp office and was seated at his desk for the balance of the proceedings, C ALOMEN: All of the Aldermen-elect were sworn in and took their respective seats for the ance of the prodaedings: ALDERMAN CONLEY'S RESIGNATION Mayor- Conley theft tendek6d 'his re' sign4tlon 'as an alderman rom the 7th Va"M an as e - denominations 'to,fill -the' vacancy., It was moved by Alderman Jones and seconded` by Alderman Boronkay that J' hn F.' Speencer,''60S Mitchell Street, be-nominated to fill- the vacancy. It was moved by Aldermen' Hendnrson' and seconded by Alderman Nichols t$at 11r. Stuart !4. Stein, 207 Stewart Avenue, be nominated. It was regularly moved, seconded and carried that the nominations be closed. The Clerk 'caused-'the'Aldeirmen to be polled which' resulted 'in 'seven votes being cast for Mr , Spencer' 'and'`6 rotes -fort kv.- ftiih Mayor C&iley declared John F. Spencer duly appointed as'an I alderman for the 7th Ward for the term ending December 31, 1972. PPOINTMgNTS: "Mayor Conley announced his appointment of the following officials: City Prosecutor- Paul N. Tavelli 2-year term, end, 12/31/73 Municipal Surgeon Robert M. Kieffer, MD 2-year term, " 12/31/73 City Histdkianl­"' - William- ,' Heidt, Jr. 2-year term, " 12/31/73 r of Planning Board Stuart W. Stein 3-year.-term, " 12131/74 "(B. P. W.) John Ewanicki 2-year' term, " 12/31/73 "(Council) Glen H. Schmidt 2-year term, " 12/31/73 Board of Zoning Appeals C. Murray Vanmarter 3-year term,' " 12/31/74 Gregory Kasprzak 3-year term,. " 12/31/74 ACTING CITY, JUDGE Mayor Conley announced his appointment of William C. Barrett.! 7 'Corne11 Wal X n7tt•ing 'Cit'y-Judge•for'a one=year term, ending December 31, 1972, and requested approval of his appointment. By AldermAn &krbt'k! seconded by Alderman Nichols RESOLVED, that the Mayor's appointment of William C. Barrett as Acting City Judge for a one,ry'ear..f4 ,;-.nnd' ,31,, --1972',-"b6 ipproved'and confirmed.' Carried COMMISSIONER OF PUBLIC 'WORKS--., Mayor Conley- announced his appointement- of John t; `Clynes, ' 306 Blm treet ats"a, Komi ssionerl of Public Works'for a six-year 'term,'`ending December 31, 1977;, and requested approval -of his appointment: yr Al*&,r j3nz Boronkay: 5eet"dd= PUBLIC SAFETY Gutenberger, Chm. - Saccu.. ci, V. Chm.• _..¢_v Schmidt - Boronkay PUBLIC WORKS $ TRANSIT Mrs. Nancy Meyer, Chm..- Barber, V. Chm.- - Gutenberger - Spano PLANNING $ DEVELOPMENT Mrs. Jones, Chm. - Mrs. Hen erson, V. C ism.-Slattery - Spencer HU14AN SERVICES Mrs. Nichols, Chm. - Spano, V. Chm: - Barber - Robinson CHARTER & ORDINANCE ns©n,, Chm. - Boronkay, V, Chm. - 1,.rs. Henderson, Spencer, Saccucci," Rundle, Mrs. Nichols, 14rs. Meyer, Gutenberger, Barber INTERGOVERN ENTAL RELATIONS Slattery, Chm. Schmidt, V. Chm, - Bundle - Jones ACTING MAYOR: Mayor Conley suggested it w"uld be in order to appoint an "Acting Mayor" and an "Altertrdte Acting Mayor" for the ensuing year. Alderman Spano nominated Alderman Rundle for this position and his nomination was seconded by Alderman Jones. Alderman Nichols nominated Alderman Slattery and it was se<�-tded by Alderman Gutenberger. By Alderman Barber: seconded by Alderman Saccucci RESOLVBDj that the nomination for "Acting Mayor" for the year 1972 be closed. Carried The Clerk caused the Aldermen to be polled by secret ballot which resulted in seven votes being cast for Alderm?^.41at�r-7 g.I., six v±`tes for Alderman Rundle. Mayor Conley declared Alderman Slattery duly appointed Acting Mayor for the ensuing year. ALTERNATE ACTING MAYOR: Alderman Spano nominated Alderman Jones for the position of "Alternate, cting M yor" for the year 1972 and it was seconded by Alderman Rundle. Alder- man Slattery nominated Alderman Nichols and it was seconded by Alderman Schmidt. By Alderman Robinson: seconded by Alderman Boronkay RESOLVED, that the nominations for "Alternate Acting Mayor" be closed. Carried The Clerk caused the Aldermen to be polled by secret ballot which resulted in seven votes being cast for Alderman Jones and six votes for Alderman Nichols. Mayor Conley declared Alderman Jones duly appointed "Alternate Acting Mayor" for the ensuing year. ' OFFICIAL NEWSPAPER: By Alderman Robinson: seconded by Alderman Slattery 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 1972. Carried 1972 DEPOSITORIES: By Alderman Slattery: seconded by Alderman Robinson RESOLVED, that pursuant to Section 33 of the City Charier, Sec. 3-6 as codified, the First National Bank,$ Trust Company and the Tompkins Co.,.nty Trust Company be and they hereby are designated as the official depositories for all city funds for the ensuing year as follows: FIRST NATIONAL BANK & TRUST COMPANY City of Ithaca, Water $ Sewer Fund City of Ithaca, Construction Fund Community Renewal Program Firemen's Relief Fund TO PKINS COUNTY TRUST COMPANY City of Ithaca, General Fund ,,,. City of Ithaca, Payroll p -d" Capital Reserve Fund # 4 - Bridges if to of # 9 - Gen. Municipal Properties $ Bldg. of It to # 11 - Parks & Recreation Area to of if # 14 - Parking Areas of it to # 1S - Fire Engine Replacement of of of # 16 - Development of Water Souxces it of to # 17 - Sewer Construction Capital Reserve Fund N 18 - Municipal Garages of " " # 20 - !hest mill !dater $ Sewer Replacement It " " # 22 - Bus Replacement it of # 22A- State Aided Bus Project Emp'1. Withholding for Social Security Cont. fund " Grpup Insurance Deductions " N, Y. State Withholding Tax " U, S. Savings Bonds Guaranty & Bid Deposits City Tax Sale Redemption Deposit on Water Meters Proceeds from Bond Sales Firemen's Relief Fund (Time Account) Vet. Vol., Firemen's Assn (Time Account) Cemetary Fund (Time Account) M. C. Hillick Memorial Fund (Time Account) Storms Cemetary Fund (Time Account) Holmes-Stamp Cemetary Fund (Time Account) COLLATERAL TO SECURE DEPOSITS: The Clerk reported that under present agreements the TompCow y Tr t�Company is required to deposit : 460,000.00 in approved collateral to secure deposits; and that the First National Bank & Trust Company is required to deposit $200,000.00 for like purposes. He advised that under escrow agreement with both banks, that have- been approved by Council, there is now on deposit with the Chase Manhattan Bank C~ of New York the sum of $460„000.00 in U. S. Treasury Bonds to secure deposits in the OO Tompkins County Trust Company and the sum of $200,000.00 in U. S. Treasury Bonds to secure 0 deposits in the First National Bank & Trust Company, all of which had been recommended for ap approval by the City Controller. gtj By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, that pursuant to provisions of the City Charter, the collateral deposited by the Tompkins County 'Dust Company and the First National Bank and Trust Company, as reported by the City Clerk and recommended by the City Controller, be approved as to form and .sufficieney.. Carried MEETING DATES: The Clerk suggested the Council take action to establish the time and place for regular meetings of the Council for the ensuing year. By Alderman Robinson: seconded by Alderman Jones °ESOLVED, that the regular meetings of the Common Council for 1972 be held at 7:30 p.m. on he first Wednesday of each month in Common Council Chamber at City Hall, 108 East Green trees. Carried ALDERMAN SPENCER: Ald-7°nn Spencer who had been appointed as an Alderman for the 7th !Ward, to fill the vacancy caused by Alderman Conley's resignation, entered at this point in the proceedings and was sworn in by the City Clerk. LOCAL LAWS: Alderman Robinson called the attention of his fellow aldermen to two proposed local laws which he had prepared and laid on their respective desks in City Hall on M, ­",or 28th. He expressed his hope that the aldermen would familiarize themselves with them and be prepared to act on them at the Council's regular meeting on January 5, 1972. Before adjournment Mayor Conley invited all present to join him at the Ichabod Restaurant for a get-acquainted hour. . By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that the meeting be adjourned. Carried Mayor Conley declared the meeting adjourned at 11:55 a.m. �L o. A. lean, City Clerk war J. onle , Mayor 16,0 "Now "WON& 11106 wm M CITY OF ITHACA, NNW YONC Regular Meeting 7:30 p.m. January 5. 197$ PRESENT: Mayor - Conley Aldermen (12) - Saccucci, Barber, Robinson, Slattery, Gutenberger, Schmidt, Rundle, Nichols, Meyer, Boronkey, Jades, Spencer ABSENT: Aldermen (2) - Spano, Henderson OTHERS PRESENT: Attorney - Gersh Building Commissioner - Jones Chief of Police - Herson Controller - Russell Fire Cha*-f - Weaver Clerk - Blean Superintendent of Public Works - Dingman Deputy Clerk - Grey Asst. to Superintendent - Dougherty All those present stood and were led by the Mayor in a pledge of allegiance to the American Flag. At the request of Alderman Rundle, they remained standing a moment in silent prayer in memory of Alderman Spano's father who died on January 4th. Mayor Conley noted Alderman Henderson's absence due to illness. PUBLIC HEARING - SIGN ORDINANCE: Mayor Conley opened a public hearing duly advertised for this time to hear interested persons in a proposed new sign ordinance. Robert I. Williamson spoke on behalf of Park Enterprises, his client, and asked that action be delayed for further study until his client had an opportunity to discuss specific areas of interest. Joe Matera spoke on behalf of Theatres and asked if theatre marquis' would be permitted. He opposed their elimination. Chris Anagnost, 311 College Avenue, in- quired about free standing and motel signs. He felt their elimination would seriously affect motels. Ross Cortright spoke on behalf of the Chamber of Commerce and indicated the Chamber was not opposed to enactment of the ordinance but felt rater that the proposed ordinance needed further clarification in many areas and offered the services of Chamber representatives in its further review. Henry Lower, 417 Floral Avenue, spoke about commercial signs in residential areas and felt if he had to reduce the size of his signs it would create a real hardship and seriously affect his business. By Alderman Robinson: seconded by Alderman Boronkay RESOLVED, that the public hearing be closed. Carried. By Alderman Robinson: seconded by Alderman Gutenberger , RESOLVED, that the proposed sign ordinance be referred to the Charter & Ordinance Committee for further review and report thereon at a subsequent meeting. Carried. COLUTY PLANNING REPORT: The Clerk read a letter from Raymond V. Hemming who reviewed his activities as a member of the Tompkins County Planning Board during the month of December. (Copy attached to minutes) APPOINTMENTS: Mayor Conley announced his appointment of the following and requested Council approval thereof: ENVIRONMENTAL COMSSION (ex-officio members) Mrs. Anne Jones Council Representative - 2 year term ending 12/31/73 Mrs. Nancy Meyer Council Representative - 2 year term ending 12/31/73 John Ewanicki Bd. of Pub. Wks. Rep. - 2 year term ending 12/31/73 By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, that the Mayor's appointment of Mrs. Jones, Mrs. Meyer and John Ewanicki as ex-officio. members of the Environmental Commission for their respective 2-year terms, ending December 31, 1973, be approved and confirmed. Carried. Other ex-officio members of this Commission, by reason of their official capacities , are listed as follows: Edward J. Conley Mayor - 2-year term ending 12/31/73 David B. Gersh City Attorney - 2-year term ending 12/31/73 Henry B. Doney Chairman of Planning Board - 2-year term ending 12/31/T T.' Michael J. Leary Vice Chm. of Bd. of Pub. Wks. - 1-year term ending 12/31/7 61. yo 0"W" r. 01re OTHER APPOINTMENTS: Mayor Conley announced other appointments he had made but which did not require Council approval as follows : Police Commissioner Richard L. Webster 3-year term, ending 12/31/74 Chairman of Planning Board Henry Doney 2-year term, ending 12/31/73 Electrical Inspector Lloyd E. Shisler 2-year term, ending 12/31/73 Compensation Plan Advisory Committee: Charles M. Weaver, Robert 0. Dingman and John L. Russell (all for one-year terms ending 12/31/72 Alternates: Geo. A. Blean and Vincent P. Hannan Ne goti atin& Committee: John L. Russell, Chariman - Robert 0. Dingman and Richard M. Daley - 2-year terms ending 12/31/73 Liasion member with Housing Authority - Mrs. Ethel Nichols - 2-year term ending 12/31/73 Youth Bureau Advisory Council: . Louise Cornish 3-year term ending 12/31/74 Peter Wallace 3-year term ending 12/31/74 Bruce Wilkins 3-year term ending 12/31/74 Jim Miller 3-year term ending 12/31/74 Dave Banfield 2-year term ending 12/31/73 Gordon Wer 2-year term ending 12/31/73 jCS.P.C.A. •AGREEMENT: The Clerk reported a new tri-paxty agreement between the County, Q City and S.P.C.A. had been prepared for the year 1972 covering the services of a Dog Ls.3 Warden and related services. The City's share- of the total expense involved amounted to the sum of $10,750.00 for the year payable monthly in advance on the lst of each month. Alderman Robinson expressed his �op#iiiorr-once again that' this should be a' County`expense. By Alderman Jones. seconded by Alderman Boronkay RESOLVED, that the tri-party agreement be approved as presented; and that the Mayor and City 'Clerk be authorized to sign and execute it on behalf of the City, under--its Corporate Se a1. AYES: 11 NAYS: 1 - Robinson Carried. HECTOR STREET'PROPERTY:' - Tae Clerk reported that Mrs. Mineah had offered'to deed 'to the City of Ithaca, without charge and at no expense to her, a vacant lot located at 207 Hector Street; 'He advised- the'Board of Public'Works-had recommended that the Council.authorize the 'acquisitic2n of Mrs. Mineah Is property at no expense to her. By Alderman Robinson':' seconded by Alderman' Jories t RESOLVED, that the Council accepts Mrs. Mineah's offer with thanks; and that the City Attorney be` ai thori tied and directed to prepare- & deed from Mrs.`'Mine ah to'the- City, which will give,the` City title to, this property. Carried. ATTORNEY'S OFFICE HOURS: Attorney Gersh announced a schedule of his office hours at City Hall 'as-follows: Monday from 10:00 a.m. to 11:00 a.m. Wednesday from 4:00 p.m. to 5:30 p.m. Friday from 10:00 a.m. to 11:00 a.m. RICHARD DALEY - ADMINISTRATIVE CONSULTANT'S AGREEMENT: By Ald. Rundle: seconded by Ald. Jones RES.OLYED,'-`that the: Administrative Consultant's' 'egreejjeat-betweeu the City `of- Ithaca and Mr.., Richard M.- Daley-be renewed for the ye ar' 1972 at the annual'-'rate of $5,200.00 on the condition 1 that it shall be' terminated by either panty during,the year upon a 30-day written notice;''and that the Mayor and City Clerk b4et authorized' and directed to sign grid execute a renewal thereof on behalf of the City, under its Corporate Seal = Carried. BIDS-COIN `COUNTER: Alderman Rundle reported the City Chamberlain had requested authority to purchase 'a new 'coin counter and packager to replace the one presently its use`. He advised that funds for this equipment had been provided in the tentative budget. By Alderman Rundle:- seconded by Alderman Saccucci RESOLVED, that the City Clerk be authorized to advertise for bids on a new coa:n "counter and packager for use in the City Chamberlain's office. Carried. DEPUTY FIRE CHIEF: Alderman '-Rundle- reviewed a request received from the Fire Chief during 1971 for the creation of a new position of Deputy 'Fire Chief in the Fire- Departments He advised the specification3,for this position had been-submitted- to and approved by the Civil Service `Commission. By Alderman Rundle: seconded by Alderman Slattery, ' RESOLVED, 'that the' Fire Chief's request for creation of this new position be' referrid to the Budget & Administration and the Public Safety Committees for their joint study and report. Carried. •• rIN1 ' r 16P" N. MEADOW STREET REZONING: Alderman Jones reported the Planning Board at its meeting December 28th, had recommended than a portion of the 300 block, the 400 block and the 500 block of the west side of N. Meadow Street, be rezoned as a B-4 district. She advised further that action on this matter had been taken by the Planning Board on November 30th to refer it to the Board's General Plan and Capital Improvements Committee for stud and that this committee had not done so, and she felt this committee's report should be heard before accepting the Board's recommendation. By Alderman Jones : seconded by Alderman Slattery RESOLVED, that this matter be referred back to the Planning Board for consideration of its General Plan & Capital Improvements Committee and further report thereon at its earliest possible date. Carried. YOUTH BUREAU: Alderman Nichols presented a Youth Bureau Project Application and a Recrea- tion Project Application for renewal for 1972 and recommended their approval. By Alderman Nichols : seconded by Alderman Slattery 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 Edward Conley, Mayor, is hereby directed and authorized to duly execute and present said application to the New York State Youth Commission for its approval, and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Carried. SPECIAL-COMMITTEE: Mayor Conley announced his appointment of Aldermen Slattery, Mrs . Jones , John Gutenberger, Anthony Spano and Richard Daley as a special committee to meet with a County Committee on Intergovernmental Relations to discuss the possibility of a joint municipal police force. He named Alderman Slattery as Chairman of the Committee and asked him to contact N. Arnold Tolles , County Representative, and arrange for a meeting on the topic at an early date. ASSESSMENT REVIEW BOARD MEMBER: Alderman Slattery nominated Mr. John J. Dineen, 122 Lake Avenue, for appointment as a member of the Local Assessment Review Board for a term of one year, ending December 313 1972, pursuant to Section 3:05 (b) of the County Charter. There were no other nominations and it was moved by Alderman Rundle, seconded by Alderman Barber and carried that the nominations be closed. The Clerk cast one ballot for Mr. Dineen and Mayor Conley declared him duly appointed as a member of the Local Assessment Review Board for a term of one year, ending December 31, 1972. LOCAL LAWS: Alderman Robinson presented and read a proposed Local Law which he had prepared and laid on the desks of the Aldermen in Council Chamber on December 28, 1971. He recommended its approval and it was acted upon as follows: A LOCAL LAW TO AMEND SECTION 123 OF THE CITY CHAR'I'ER, SEC. 5-17 AS CODIFIED, PROVIDING FOR SCOPE OF AUTHORITY OF BOARD OF PUBLIC WORKS By Alderman Robinson: seconded by Alderman Slattery Be it enacted by the Common Council of the City of Ithaca, New itork, as follows: Section 1. The Board of Public Works shall take charge and, subject to the limitations herein contained, have control, subject to the direction and review of Common Council, of the following departments of the city government, of the property belonging thereto, and of the appropriations made therefor: 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 6) Parks 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, Sec. 5-45 as codified, of this Act. Section 2. This Local Law shall take effect immediately upon its being filed in the office of the Secretary of State. 1 04M �anu�5r ! X70 Alderman Boronkay asked for a ruling from the City Attorney whether or not the proposal complied with requirements of the Municipal Home Rule Law because he felt the new Aldermen who took office on January 1, 1972 did not have proper notice thereof. Attorney Gersh advised the law was legally before Council for approval at this time but he recommended that action be deferred until next meeting of Council. Aldermen Barber and Spencer, new aldermen, objected to approval at this time and requested more time to study its effects. By Alderman Barber: seconded by Alderman Rundle RESOLVED, that the matter be tabled until the next meeting of Council. AYES: 5 - Saccucci, Barber, Rundle , Boronkay, Spencer NAYS: 7 - Robinson, Slattery, Gutenberger, Schmidt, Nichols , Meyer, Jones. Motion defeated. Aldermen Robinson, Slattery, Nichols , and Meyer spoke in favor while Alderman Rundle )pposed. 'Those in favor felt its adoption would place the City in a better position for negotiating with other units of local government. Alderman Rundle felt the Board's powers hould not be limited or restricted in its operation of the municipal functions under its jurisdiction. Supt. of Public Works Dingman urged delay and felt that in all fair play the Board should be given an opportunity to present its views on the matter since ncne of its members were aware that the Council intended to take action thereon at this meeting. Mayor Conley left the rostrum at this point in the proceedings to address the Council from the podium. At his request , Acting Mayor Slattery presided during his absence. Mayor Conley expressed his intent to remain at the podium until the matter had been disposed of. He urged approval on the basis of its importance to him and the Council for negotia- t..tion purposes with other governmental units. jCBefore a vote was taken the question arose of whether or not Alderman Slattery retained Qhis right to vote while presiding in his role as "Acting Mayor." After considerable dis- Wcussion on this point it was the consensus of opinion that Alderman Slattery should return Ito his desk and that the Mayor should return to his and resume his role as presiding alofficer. . The Clerk then polled the Aldermen by roll call vote which resulted as- follows: AYES: 7 - Robinson, Slattery, Gutenberger, Schmidt, Nichols, Meyer, Jones NAYS: 3 - Saccucci, Rundle , Boronkay ABSTAINING:' 2 - Barber, Spencer (Due to insufficient time afforded them for study of the proposed law) APPROVED by me this day of January, 1972 and designated Local Law # - 1972. Mayor, City of Ithaca, New York .derman Robinson presented and read another proposed Local Law which he had prepared A laid on the Aldermen"s desks in Council Chamber on December 28th also,' He recommended .,;s approval, and it was acted on as follows A LOCAL LAW TO AMEND SECTION 142 OF THE CITY CHARTER, SEC. 5-41 AS -CODIFIED; RELATING TO THE SALE OF WATER TO PREMISES OUTSIDE THE CITY By Alderman Robinson: seconded by Alderman Slattery BE IT ENACTED BY THE COMMON' COLUCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Said Board of Public Works may, on 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 drawing water therefrom, and shall fix the prices and conditions therefor; but- the Board shall not sell or permit-stich" use of water if or when thereby the supply or pressure for the City or its inhab"itants will be insufficient, and may discontinue or �tersi hate such sole or use at any time. However, 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 sell water outside the City if the Common Council shall determine the supply of water to be adequate. Section 2, This Local Law shall take effect•immediately upon its -being filed in the office of the Secretary of State. Berman Rundle opposed and urged defeat of this Local Law also. e Clerk polled the Aldermen by roll call vote which resulted as follows: AYES: 7 -'Robinson, Slattery, Gutenberger, Schmidt, Nichols, Meyer, Jones NAYS: 1- Saccucci; -Rundle Boronkay ABSTAINING: ' 2 Barber, Spencer APPROVED by me this day, of January, 1972 and designated as Local Law # =. 1972. Mayor, City of Ithaca, New York 1.6 -S- January 5, 1972 CHARLES M. WEAVER: Mayor Conley called attention to the Journal's choice of Charles M. Weaver, Fire Chief, as Co-Man of the Year and suggested the Council should conmtend him for this distinction. He was given a round of applause from those present. By Alderman Robinson: seconded by Alderman Schmidt WHEREAS, Charles M. Weaver, Fire Chief, has been connected with Ithaca's Fire Department in various capacities for the past 35 years , both as a volunteer and a paid fireman, and WHEREAS, he joined- the Department as a paid fireman in February 1947 and advanced through the ranks until his appointment as Fire Chief in the year 1958, and WHEREAS, his administration of the Fire Department since that date has been widely recog- nized and has lead to his being chosen by the Ithaca Journal as Co-Matz of the Year for 1971, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca hereby endorses wholeheartedly the Journal's choice of Charlie as Co-Man of the Year for 1971, congratulates him on his receipt of this distinguished award; hereby formally expresses its sincere thanks and appreciation to Charlie for his faithful and dedicated service to the City of Ithaca during his entire association with the Fire Department, and wishes him many con- tinued years of success in his chosen field of work, and BE IT FURTHER RESOLVED, that the resolution be spread upon the minutes of this meeting, and that a copy thereof be presented to Charlie. Unanimously carried. On motion the meeting was adjourned at 9:15 p.m. 77� Geo. A. Blean, City Clerk Edward Cain ey, Mayor ws 141P X C I'rFtA , Special 'fleeting SAO p.m. January 26, 1972 PRESENT: Mayor- Conley Aldermen (13) - Barber, Robinson, Slattery] Gutenberger, Schmidt, Spano, Rundle, Nichols, Meyer, Boronkay, Jones, Spencer, Saccucci ABSENT: Alderman - Henderson OTHERS PRESENT: Attorney rsh Controller - Russell Comm. of Public Works - Golder Clerk - Blean Urban Renewal Director - Daley WARNER BURNS TOANE & LUNDE CONTRACT: Mayor Conley announced he had called this special meeting to decide on tim selection or architects for the East Green Street parking ramp to be built by the City in connection with the development of the Center-Ithaca Urban Renewal project. Alderman Jones reported the Urban Renewal Agency had recommended hiring the architectural firm of Warner, Burns, Toane and Lunde. OO By Alderman Jonest seconded by Alderman Nichols C7 BE IT RESOLVED BY THE axmm m COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: u.7 1. That the Mayor and City Clerk be and they hereby are authorized and directed to sign and execute a contract on behalf of the City, under its Corporate Seal, with Warner, Burns, Toane B Lunde for the design and architectural services through completed con- struction of the parking facility according to specifications set forth in the City's portion of the five-party agreement. 2. That Warner, Burns, Toane F Lunde are authorized and directed to choose an Tthaca area architectural firm to participate in the design and construction. 3. That the total cost of the proposed facility, including all related architectural services and actual construction, shall not exceed 1.2 million dollars. 4. That said agreement shall be signed at the same time that N.Y.S. UDC executes a con- tract with the afore-mentioned Warner, Burns, Toane & Lunde for the other two developers in the Center-Ithaca Urban Renewal project, namely Caldwell Development Corporation and James Rothschild, AND BE IT FURTHER RESOLVED, that Warner, Burns, Toane 6 Lunde shall submit all plans, drawings, cost estimates and construction schedules to a Building Committee to be appointed by the Conaon Council at its meeting to be held on February 2, 1972, AYES. 13 NAYS: 0 Unanimously carried. On motion the meeting was adjourned at 6:00 p.m. mayor ean, City er war-- --. onley, I �N�M1�1 �YMll�w MIIw�r�MN CITY OF IMACA, NNW YORK Regular Meeting 7:30 p.m. February 2, 1972 PRESENT: Mayor - Conley Aldermen (14) - Barber, Robinson, Slattery, Gutenberger, Schmidt, Spano, Rundle, Nichols, Meyer, Jones , Boronkay, Henderson, Spencer, Saccucci OTHERS PRESENT: Attorney - Gersh Asst. Fire Chief - Reeves Chief of Police - Herson Planning Director - Meigs Commis. Public Works (3) - Putney, Golder, Leary Urban Renewal Director - Daley Superintendent Public Works - Dingman Building Comm'r. - Jones Asst. Superintendent - Hannan Youth. Bureau Director - Cuti a Asst. to Superintendent - Dougherty Controller - Russell City Engineer - Schlieder Clerk - Blean Asst. Traffic Engineer - Gombas Deputy Clerk - Grey All those 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. HEARING OF PERSONS: Mayor Conley announced that no further action could be taken on Local Laws dealing with the Board of Public Works at this meeting, but would be taken at a special meeting which he intended to call for this purpose during the coming week. He therefore advised that those who were at this meeting to speak about the laws could either do so tonight or at the special meeting. Upon being asked for an opinion, Attorney Gersh ruled that the laws in question had not been legally passed on January 5th since only seven votes were cast in the affirmative and the Municipal Home Rule Law required a minimum of eight votes. He pointed out that Roberts Rules, adopted by the Council, had been amended so that abstaining votes could no longer be counted with the prevailing side. He advised that Alderman Robinson had laid the proposed laws on the desks of-the Aldermen again on January 26th but that they could not be acted upon tonight since the require- ment of laying on their desks for at least seven calendar days, exclusive of Sunday, had not been fulfilled. Miss Beverly Baker read a prepared statement from Ithaca Business & Professional Women's ^^ Club proposing to make the Ithaca Hotel block into a park due to the lack of any definite action for its development. She indicated the Club would assume full responsibility for implementing such a plan at no cost to the taxpayers with the understanding that such a park would be abolished when a developer for the block was approved. By Alderman Robinson: seconded by Alderman Jones RESOLVED, that the Women's Club's proposal be referred to the Planning & Development Committee for study and recommendation. Carried. Mrs. Florence Rumph read a prepared statement from Tompkins County Taxpayers' Association requesting the Mayor and Common Council to consider two of its resolutions as follows: 1) To leave the powers of the Board of Public Works as they now are under the City Charter 2) To investigate the present set-up of the Urban Renewal Agency Mrs . Rega Wood, 110 Lake Street, read a prepared statement advocating adoption of the laws dealing with the Board of Public Works. It was her opinion that their passage would help to establish a proper relationship between the Board and the people it should serve. The Clerk read a letter from David Saperstone urging defeat of the laws. Alderman Robinson defended his position taken in support of the laws and stated that what the Council is being accused of was totally out of place. If the Council wanted to upset the balance of the Board, as it is being accused of, he contended it is possible to do so under the City's present charter. He informed the Council that he and members of his family had received many anonymous telephone calls recently subjecting them to private and public ridicule and that in addition telephone calls of similar nature had been made to his employer, all of which he termed character assassination. The Clerk read a letter from Wm. S. Downing, Jr. , a member of the Board urging approval of the laws and suggesting further that a new amendment be passed to require a two-thirds vote of Common Council to override a decision of the Board. By Alderman Robinson: seconded by Alderman Jones RESOLVED, that Mr. Downing's suggestion be referred to the Charter & Ordinance Committee for its consideration. Carried. -AN /b'bMwhy 0 !COIN The Clerk read a letter from the family of Joseph Spano acknowledging flowers received from members of the Council which were sent to Alderman Spano's father who died recently. ITHACARE, INC. Dr. Stephen M. Schneeweiss, Director of Graduate Studies at Ithaca College, appeared before the Council and reviewed a feasibility study of the conversion of the Quarry Street Dormitory to jomiciliary Care Facility. He indicated that a separate corporation, Ithacare, Inc./be established to own and operate the facility as a non-profit corporation. The Clerk read a letter from the Planning Board indicating the proposal had been presented to it at its January meeting at which time it had accepted and endorsed the proposal as an appropriate use of the Quarry Street property in view of long-range planning goals of the City. He then read a letter for the East Hill Civic Association supporting the roposal and urging the Council to rule on its tax-exempt status tonight so that this plan ould be implemented as soon as possible. Copies of the feasibility study were presented to the Aldermen and on motion the matter was referred to the Human Services Committee for study and report to the full Council at a special meeting to be called by the Mayor during the coming week. HUMAN RIGHTS COMMISSION REPORT: Mr. Alvin Knepper, Chairman of Tompkins County Human Rights Commission during 1971 pr ented his report covering activities of the Commission during the year 1971, and reviewe in some detail for the benefit of members of the Council, JOBARGAINING AGENTS' AGREEMENT VIOLATION: The Clerk read a letter from James V. Scripa, C'F'feld Representative of C. .E.A. , on behalf of the City Unit of Tompkins County. Chapter ' of C.S.E.A. He charged that the contractual rights of annual salaried employees, pro- Gv ided -for in the agreement negotiated between CSEA and:the City; had been violate'd'-by- the ty's decision to arbitrarily reduce their weekly paychecks, thereby denying 'them their full annual salary in 52 paychecks in the year 1972. By' Aldermen_.Robinson: seconded by Alderman Nichols RESOLVED, thpt the alleged violation be referred to the Human Services Committee for study' and re oA. - Carried. MAYOR'S COMMUNICATIONS: Mayor Conley asked that each Committee Chairman present a monthly status report about a1►. matters referred to his or her committee, whether it had had final action or not. He requested the Planning & Development Committee to consider the reorgdnir- "Ption cf the Planning and Building Departments, Ithaca Housing Authbrity� 'and Urban aewal'Agency into a Department" of` Development,''and to work' out:,,a formula'iii. this respect. felt immediate attention should be given to' improved housing iii' the -southside 'of the ,.qty and-requested.'the'Planning & Development' Commi ttee n t'o work•with the Planning Board, Urban Renewal Agen`cy' and local residents in an effort to establish an appropriate area on the south side for a code enforcement and rehabilitation area. He re orted. on' a trip he -had made today with members of 'the Planning- &` Development Committee, P �P the Downtown Businessmen's Assoc, and the Wom6n's•Business & Professioaal Club to Cortland to view efforts made by Cortland to improve conditions in its business area. He stated than Cortland',s-.Mayor Noss bad,indicated,-his wisllingness to come to Itha.ca'and-.speak to interested 'persons on this subject in the future if-, needed. �'`TS. Mayor Conley announced his �Y y . Counci .approval aPPltIDent of the following and requested EX. BOAIM OF''ELXCTRICIANS Alfred Parente - two-year tern ead n"Dec 31, 1973 Wilber' Baker three yr: term ending. De'c, -31 : 1974 BD. .OF"APPEALS ON BLDG. CODE Raymond DiPasquale _ three yr. teria`ending'Dec'.' 31,` 194 LAATDMARi S`PRESERVATION COMM: - 'Ernest 'F: Robert's - three yr. term ending Dec. 31, 1974 By Alderman`Nichols: seconded by Alderman Schmidt RESOLVED, that the Mayor's appointment of Alfred Parente, for a two-year term, ending Deo. .31:, 197.3; 44d his:_appointmlent� of: Wilber Baker for a 'three'-year'terni ending`Dec.' 31`, ?` 7 49 as'members of the'Examining 'Board' of Electricians be approved.' Carried ,_Xderman Robinson:' seconded by'Alderman Schmidt RESOLVED, 'that'"the Mayor's appointment 'of Raymond DiFasquale as a member of the Board'of` Appeals-- on' the Building 'Code i'or-a three-yeax term, ending Dec': '31; 1974 be ,approved. Carried. 168 Mel I "MM"W 0 0 WON IV Alder 8phinaou: seconded by Aldermaa Jones RESOLVED, that the Mayor's appointment of Ernest F. Roberts as a member of the Landmarks Preservation Commission for a three-year term, ending Dec. 31, 1974, be approved. Carried. i he then announced the following appointments which he had made but did not require Council approval: Welfare Service Officer John Marcham Two-year term, ending Dec. 31, 1973 Ex. Bd. of Plumbers DeForest Furman Three-year term, ending Dec. 31, 1974 Narcotics Guidance Council Dr. W.G. Hansen Two -year term ending, Dec. 31, 1913 " Robt. R. Colbert, Jr. Three-year term ending, Dec. 31, 1974 Housing Bd. of Review Sheldon B. Stephenson Three-year term ending, Dec. 31, 1974 James Dunston Three-year term ending, Dec. 31, 1974 " Barbara Blanchard Three-year term ending, Dec. 31, 1974 Environmental Commission (tax--officio Member) Keith McNeill Two-year term ending, Dec. 31, 1973 Youth Bd. Advisory Council Arthur Watkins Three-year term ending, Dec. 31, 1974 > it " Steven Brock Three-year term ending, Dec. 31, 1974 Mayor's Citizens Advisory Committee David Stewart, Randall Shew, Mrs. Eileen Dickinson, Stephen Carter, William Baldini, Robert Lutes, Mrs. Agda Osborn, Mrs. Elizabeth Cornish, Mrs. Jean Low, Mrs. Nancy Seebass, Mrs. Charlotte Stone, Robert Johnson, Gerald Tucker, Raymond Morey, Mrs. LeRoy Reed, James Dunston, Paul Miller, Richard Conley, Richard Jones, Mrs. Liese Bronfenbrenner, William Scoones , John Dineen, James Gibbs, Mrs. Florence Rumph, Keith McNeill, Bill Zikakis, Building Committee for E. Green Street Parking Ram Facility Mrs. Anne Jones, Glen dt, m. S.. Downing, Jr. , Arthur Golder, John C. Clynes, Jon Meigs, Richard M. Daley, John Russell, Robert 0. Dingman, Howard R. Schlieder CARTER-ITHACA URBAN RENEWAL PROJECT AGRED1ENT SIGNING: Mayor Conley announced that a s gning of the five-par agreement covering the nter-Ithaca Urban Renewal Project, including the City's participation in the E. Green Street Parking Ramp Facility, would take place in his office on Monday, February 7, 1972, at 11:00 a.m. OFFICIALS' BONDS: The Clerk presented and recommended approval of officials' bonds for the year 1972: By Alderman Slattery: seconded by Alderman Boronkay .wt% RESOLVED, that pursuant to 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 are hereby approved in all respects for the year 1972: NAME TITLE AMOUNT BOND 140. John D. Wright City Chamberlain $ 50,000 G488174 - Globe Indem. Co. James J. Clynes, Jr. City Judge 4,000 G511330 - Globe Indem. Co. Faithful Performance All other City employees 100,000 G487976 - Globe Indem. Co. Carried. BIDS - COIN SORTING MACHINE: The Clerk reported receipt of one bid from Brandt, Inc. for furnishing the City with one new coin sorter with attachments for use in the City Chamberlain's office for the total net sum of $1,369.30 plus shipping charges amounting to $20.00. He read a memo from the Chamberlain recommending its acceptance. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the bid be accepted; and that a contract be awarded to Brandt, Inc. for furnishing the City with one new coin sorter for the total sum of $1,369.30, plus shipping charges, in accordance with the terms of its bid. Carried. MRS. CAROLE GROVER - LEAVE OF ABSENCE: The Clerk reported that Mrs. Carole Grover had requested a maternity leave-of-absence for a period of five months commencing on March 17th. By Alderman Robinson: seconded by Aldermen Spencer RESOLVED, that a maternity leave-of-absence, without pay, for a period of five months be granted to Mrs. Carole Grover to become effective on March 17, 1972, as requested by her. Carried. . , PUBLIC HEARING: The Clerk reported the Mayor had held a public hearing on January 19th on two proposed local lags dealing with the Board of Public Works; and that he had declined t either approve or dissapprove them pending any further action the Council might wish to eH take thereon. J COMMUNITY SERVICE BUILDING-FIRE LOSS: Attorney Gersh reported that a fire loss of '$54,113-19 as an actual cash value after depreciation had been arrived at in connection with a recent fire at the Community Services Bldg. and that an additional amount•.�of $5 ,800.00, deducted for depreciation, could be obtained upon submission of proof of ex- penses for repair and replacement within a period of 180 days from loss. The Mayor was authorized and directed to sign any nesessary papers in connection with the loss. By Alderman Robinson: seconded by Alderman Nichols RESOLVED, that the City Attorney be authorized and directed to negotiate with U.S. Dept. of the Navy for the transfer of title to this property to the City of Ithaca. Carried. CASS PARK REQUEST: Alderman 1,1eyer reported the Board of Public Works had requested an additional appropriation of $50.00 to be paid to Tompkins County Committee on Oil Pollution as the City's participation on behalf of the marina at Cass Park in the control of oil spills in Cayuga Lake. Alderman Rundle reported the Finance Committee had reviewed the request and recommended that this expense be financed from budget account ii-72-30, Marina and Docks , in the tenta- tive budget. It was moved by Alderman Rundle, seconded by Alderman Jones and carried that this method be approved. ADDITIONAL APPROPRIATION-WATER FUND: Alderman Meyer reported the Board had also requested an additional appropriation of $1,500.00 to provide for cathodic protection of water standpipes. Alderman Rundle recommended that this expense also be financed from the Water Department's current tentative budget. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the expense of cathodic protection of water standpipes be financed from budget account F8340-4302 , Maintenance of Standpipes-Building Maintenance & Supplies, in the current tentative budget. Carried. RELOCATION OF RTS. 13 & 96: Alderman Meyer read a resolution contained in the minutes , of'the Board of Public Works , dated Jan. 125 1972, in connection with the proposed relocation of its. 13 & 96 through lands of the city which have been designated as park lands. She reported the Board had requested the Council to adopt the 'resolution. She made a motion to adopt the resolution and it was :seconded by Alderman Spano. ' - The Clerk read a letter from the Planning Board regarding the matter indicating it felt the taking of park lands for such highway purposes would not be a major impairment to the city's park land stock, but that agreement on this principle is not intended in any way as approval of the corridor locations, and the Planning Board wished to continue its participation .with the State in decisions on those locations; - After some further discussion the motion to approve the resolution, recommended by the Board of Public Works, was''withdrawn and the following action taken: By Alderman Robinson: seconded by Alderman Gutenberger RESOLVED, that the matter be referred to the Public Works & Transit Committee -and the Planning Board for further study and report thereon at a subsequent meeting. Carried. E. CLINTON STREET-SALE OF PROPERTY: Alderman Meyer reported the Board of Public Works had requested the Council to authorize the sale of a triangular piece of city-owned land at the intersection of E.. Clinton and Spencer Streets at public auction at an upset price of $1,500.00, subject to such restriction on its usage as the Council -might decide, She advised the Public Works Committee had no recommendation thereon at this -ti ie. It was * reported the matter had been referred to the Planning Board and that it likewise had no recommendations thereon at this time. Action thereon by Council was therefore deferred and the matter referred to the Public Works and Transit- Committee for further,study. CODE AMENDMENT# 1"'1972: Alderman Meyer reported several amendments to the Traffic ' Ordinance had been recommended for approval by the Board of Public Works to bring present ordinances up-to-date_,.. She recommended their 'approval but`Aldermim Robinson felt' tbey should be referred to the Charter & Ordinance Committee for study first: By Alderman Meyer: 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 (1) That Chapter 15,' Article V, Sec. 15-124, Alternate side all-night street parking prohibdted, of the traffic ordinance be' amended by deleting therefrom and °adding thereto as follows: Schedule A DELETE:` Hillview Place, Aurora to Turner Schedule 'B (All-night 'parking between 2 a.m. 'and 6 a.m. shall be permitted) Parking permitted on: Between*. INSERT: Hillview Place South side,;' Turner Place to,Aurdra'Street ij 4-70-7 (2) That Chapter 15 , Article IX, Sec. 15-180,, Parking prohibited at O_U timer! on 44wtctin streets, of the traffio ordinance be amended by adding thereto and deleting therefrom as follows: INSERT: Ithaca Road, east side, from Cornell Street to Elmwood Avenue INSERT: West State Street, north side, from Fulton Street to a point 200 feet to the east DELETE: West State Street, south side, Floral Avenue to 1025 West State Street INSERT: The Knoll, on the north side, all The Knoll, on the south side, from Barton Place to a point 250 feet westerly DELETE: Ozmum Place, south side, from the west line of Stewart Avenue west to the east line of Ozmum Place INSERT: Ozmun Place, south side, from the west line of Stewart Avenue, west to the east line of Ozmun Place DELETE: Fall Creek Drive north side, Stewart Avenue to Thurston Avenue DELETE: Fall Creek Drive, south side, Barton Place to prolongation of Wyckoff Avenue DELETE: Fall Creek Drive, south side, Stewart Avenue to Barton Place INSERT: Fall Creek Drive, south side, Stewart Avenue to Thurston Avenue Fall Creek Drive, north side, Stewart Avenue to prolongation of Wyckoff Avenue DELETE: Wyckoff Avenue, south side, Thurston Avenue to Highland Avenue INSERT: Wyckoff Avenue, southwest side, Thurston Avenue to Highland Avenue DELETE: Cliff Street, west side, State Street to north city line INSERT: Cliff Street, west side, from a point 400 feet north of Hector Street inter- section to north city line (3) That Chapter 15 , Article IX, Sec. 15-1822 Parking prohibited during certain hours on certain streets, of the traffic ordinance be amended by deleting therefrom and adding thereto as follows: "TWO HOUR PARKING" DELETE: Buffalo Street, south side. Zrom aughannock Blvd. to Brindley Street INSERT: West Buffalo Street, both sides, from Taughannock jijv4 tc a point 180 feet to the west INSERT: Ithaca Road, west side, 300 block INSERT: Hillview Place, south side, from Turner Place to Aurora Street 8a.m. to 4 p.m. INSERT: (Ido parking 8:00 a.m. to 6:00 p.m. Sundays and holidays excepted: (Park Street, north side, from Plain Street to Albany Street (South Plain Street, east side, from Wood Street to Elmira Road "ONE HOUR PARKING" DELETE: Buffalo Street, north $tde, Inlet bridge to Taughannock Blvd. (4) That Chapter 15 , Article IX, Sec. 15-188, All-night street parking prohibited, of Traffic ordinance be amended by deleting therefrom and adding thereto as follows: DELETE: Ithaca Road, both sides, Mitchell Street to Dryden Road INSERT: Ithaca Road, both sides, Mitchell Street to Elmwood Avenue INSERT: Valentine Place, west side from driveway to No. 106 Valentine Place, southerly about 40 feet, to driveway to No. 112 Valentine Place (5) That Chapter 15, Article 15-190, Standing prohibited at designated locations, of the traffic ordinance, be amended by adding thereto and deleting therefrom as follows: INSERT: Cliff Street, both sides, from Hector Street intersection, northerly 400 feet to a point INSERT: Cornell Street, west side, from a point 25 feet north of the school playground stairs, to Valley Road INSERT: Cornell Street, east side, from a point 50 feet north of the north walk to the East Hill School addition, southerly, to a point opposite the south line of Valley Road INSERT: West Buffalo Street, on the northwest side, from State Street, northeasterly to a point 180 feet west from Taughannock Boulevard DELETE: West Buffalo Street, both sides , 150 feet from Meadow Street westerly DELETE: West Buffalo Street, both sides of 600 block, 150 feet more or less from Meadow Street westerly INSERT: West Buffalo Street, both sides, from Meadow Street to a point, westerly 150 feet DELETE: Buffalo Street, north side, from: The west curb line of Meadow Street westerly 50 feet The east curb line of Meadow Street easterly 100 feet DELETE: Buffalo Street , south side, from: The west curb line of Meadow Street westerly 100 feet The east curb line of Meadow Street easterly 50 feet INSERT: West Buffalo Street, north side, from the east curb line of Meadow Street, to a point 100 feet easterly INSERT: West Buffalo Street, south side, from the east curb line of Meadow Street, to a point 50 feet easterly } D;ZL T:_�`: -4est State Street, south side, 75 feet from Meadow Street easterly DEL,�_:T_: 'Jest State Street, south side of 500 block, 100 feet more or less from IVeadokv Street easterly DELETE: `Jest State Street, south side of 600 block, 200 feet more or less from iv►eado,,i Street -Westerly DELST,. : lest State Street, south side , 200 feet from Meadow Street .vesterly I �TS�.LT: West State Street, south side, from P,4eadow Street 73 feet easterly to a point LISEP.T: West State Street, south side, from Meadow Street 200 feet westerly to a point AYES: 13 NAYS: 1 - Robinson Carried and approved by Mayor. ST,&'JARDI_ATIOP OF TRAFFIC SIGNALS: Alderman Meyer reported the Board of ublic Works had rec,,uesteT t e Council to authorize the standard- ization of Crouse-Hinds traffic sicnals and controller equipment as standard equipment of this type for use in the City during 1972. She recommended approval of the Board' s request. By Alderman Meyer: seconded by Alderman 3oronkay tip JHER.EAS, this Common Council has been requested by the Board of Public O Works to Standardize Crouse-Hinds traffic sicnals and controller equipment as the type of such equipment to be used in the City of Ithaca durinc the year 1972, except on the State Arterial_ Route on Miead o! Street, and to authorize said Boaru to advertise -or ;yids and purchase traffic sicnals and controller equipment from this manu- fact.urar in such quantities as there are funds appropriated for such purpose in 1972, tFr1:-r,EAS, it is deemed to be in the best interests of the City of Ithaca , for -reasons of efficiency and economy, to approve such stand- ardization. for the following reasons: 1) The City has Crouse-Hinds traffic signals and controller equipment in use at fifty intersections throuc_hout the City at the present time. 2) The investment in stock and repair parts that will have to be maintained for servicing one standard type of traffic signal will be much less than if the City is reruired to service different types of sicnals. 3) The labor cost involved in servicing one type of traffic signal when compared with. servicing, different types will also be much less. NOW THERLEFORi BE IT P�2SOLVED, that, pursuant to Subdivision .3 of Section 103 of the General municipal Laws of the State of New York, the Common Council of the City of Ithaca ; New York, hereby authorizes the standardization of Crouse-Hinds traffic sicnals and controller equipment as the type of such equipment to be used in the City of Ithaca durinc 1972, except on the State Arterial- Route on i\ieadow Street; and that the Board of _Public Works be authorized to advertise for bids thareon durinc 1972 and include such limitation in its advertisement for bids. AYES: 14 NAYS: 0 Carried and approved by- Mayor. OF PAZKIIfG METE:S: I- lJerman i�;ieyer reporie( cleat the uoard. had also requested/ t!rdize Part:-G-idieter; as manufactured- by Rockwell M c, Co. as the standard type of meter to be used in the City during 197? and she likewise recommended approval of this request. 8y Alderman Meyer: seconded by Alderman Boronkay. irJY; :�AS, this Common Council has been requested by the Soard of Public Norks to standardize the Park-O-Meter as the type of parking meter to be used in the City of Ithaca during 1972 and to authorize the Board to advertise for bids on and purchase meters of this type in such ouantities as there are funds appropriated for that purpose in 1972, and 'JFIEn:_AS, the price to be determined from such bids shalt also determine the price to be paid for any and all such meters throughout the '3al- ance of 1c72, ane7, (7) ftbruexy 2, 1972 :�-1FJ: =AS. it is deemed to ;✓e.. in the 'K-est interests of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the followinc reasons : 1) There are 1275 parking meters in use in municipal parking lots and on city streets throughout the City at the present time, 2) The investment in a stock of repair parts that -rill have to be maintained for servicing one type of meter will be much less than if the City is required to service several different types of meters. 3 The labor coritt involves': in servicing one type of meter when compared .rith servicing several different types will be much less also. NOW T1fIER_.EFC L.- BE IT t�E,�GL'J�i7, t,-iat, pursuant to Subdivison .5 of Section 103 of the Genjeral I+Iiunicioal La,j of the State of Ile.v Yor}-,, tze Common :ou;icil of the City of Ithaca , York, hereby authorizes the stand- ardization of N=ark-0-Wiieter, as manufactured by Rockwell blanuf acturinc Company, as the type of parking,: meter to be used in the City of Ithaca during 1972; and that the 3oard of Public Works be authorized to advertise for bids thereon during 1972 and include such limitation in its advertisement for bids. AYZ-S: 14 NAYS: 0. Carried and approved by the i',,;ayor. LOCAL LA4 - DEPUTY FIRE LNIGINELii: Attorney Gersh reported he had pre- pares' a proposed oca Law o amend the City Charter in relation to the creation of the position of Deputy Chief Encineer in the :ire Depart- ment. Contents of the proposed law were reviewed and oxplained by the City Attorney and are cited as follows: A LOCAL L.A1.4 TO AMEND SECTIONS 166 AND 168 OF THE CITY CHARTa,1 , SECTIONS 6-4 AND 6r6 AS CODIFIED, RELATING TC THE. CR.EATION,I OF THE POSITION) OF DEPUTY CHIEF ENGINEER. BE IF ENACTED BY THE COivMION COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Paragraph (2) of Section 166, Section 6-4 as codified, is hereby amended to read as follows: To appoint the chief engineer, deputy chief engineer, and assistant engineers and all compensated officers and em- ployees of the department, and vrith the approval_ of the Common Council to s}etermine the compensation of such �.nc;ineers. Section 2. Section 163, Section 6-6 as codified, hereby is amended to read as follows: There shall be a chief engineer, a deputy chief engineer, and three assistant engineers appointed by the 'oarc! of Fire Commissioners. They shall hold their offices until removed because of incompetency or misconduct, aster charges in writing shall have been preferred, and such charges established uoon a hearing before said board' of fire commissioners, removal ho-ever, to take place only upon approval_ by the Mayor of the findings of said ?-)oard. Any member of the Ithaca Fire Department so appointed chief engineer, deputy chief engineer, or assistant engineer shall. cease to be an active member of any company of said c',-- partment. Section 3. This Local Land shall take effect immediately upon being filed in the office of the Secretary of State. This proposed local lair was receives' and laid on the table for action at a subsequent meeting. Off DEPUTY rI -7 CHI)_-F POSITIU �y Alderman F.undle: seconded by Alderman Jones. ,?ME PEAS, the specifications for the position of Deputy Fire Chdref have been submitted to and approved by the Civil Service Commission, an :1!'E�' _AS, the u,,!ret anc'. iZmini strati on Committe-e and t'_-_o Safety Committee recommenc' the creation of this position, IT that the Council hereby aeproves the creation of a ne.,j position to be known as , ''Deputy rime Chief" and it be includec' in the 1972 Compensation Plan as follows: Deputy Fire Chief Grade -1-2 Minimum 'U0,337 - Maximum 4.)13,663 Unanimously carried. AUDIT: 3y Alderman ;:.undle : Seconded by Alderman Spencer. TT=_-W D, that the bills audited an(` approved '�y the Finance Committee in the total amount of .;,1.1,346.34, as listed on audit abstract 'r1-1_x'72, be aop_roved for r)ayment. Carried. SIGII C DIi1AIICE: Alderman nobinson reported the Charter L,, OrUi nance Committee had held two open public meetings on the pro-pose' new sign ordinance, anra expected to hold the next one on Fe;-,ruary 1 th. He reported a sub-Committee had been workinc; ,olith the City JudSe on a revision of the dog or::Iinance; that work :-vas continuing on astudy of a revised zoning ordinance ; and that the matter of rezoning; North ixleadow Street �Yvas a-,jaiting a final report from the Planning 3oard, STfiV0 gDILATIOII OF MOTOR SCOOTERS: Alderman Gutenberger reoorted the Police Department has rec+uested the Council to authorize the standard- ization of Cushman as the type of motor scooters for use ?-)y the department during 1972. By Alderman Gutenberger; seconded by Alderman 3oronkay. This Common Council has ;bean reruestec' '•by the Litt' of Ithaca Po1.ice Department to standardize Cushman Scooters as tiie type or equipment to be used in the City of Ithaca in this year 1972 an; to authorize this Department to advertise for bicls and purchase a motor scooter from the manufacturer, and y>rH"T:.EAS, It is -Teemed to ')e in the best interest of the City of Ithaca for reasons of efficiency and economics to approve such standardization for the following reasons ; a) The City now has Cushman Scooters b The cost of maintenance, parts, and service .will be less than if i_fferent types :Jere being used. P1O J T;I T,rFO E, 3E IT i'_ESC1A1 D: That, pursuant to sub'- ivision 5 of Section 103 of the Gen ;ral i,iun- icipal La of tike State of 14ew Yor_" , the Common Council of the amity of Ithaca hereby authorizes the standardization of the Cushman Scooters as the type of such equipment to be used in the City of Ithaca in this year 1972 and that the 'olice Department be authorized to advertise for !Ads thereon and include such limitations in the advertisement. AYES: 14 NAYS: 0 Carried anu approved by the iViayor. POLICE. PATROL CAPS: By Alderman Gutenberger: seconded by Alderman Schmidt. WHEF;.EAS, the IthacaiPolice Department has been authorizes? -y the tentative ':budget to purchase 5 cars, and It is the intent of lChe L�oli ce Department to purchase 4 of these vehicles from a State contract and the -remaining ve;,icla .(Station ".Iagon) tI rough compeL1.tiNre bidding, an" J 4 POU10400V No MOM the Ithaca Police Department -Jill sell_ at public auction 3 vehicles, i?0`:';, IT .�SCLVZ I. 71e Common Council of the City of Ithaca hereby authorizes the Ithaca Police Department to advertise for bids for the purchase of one station ,,,agon. That the Ithaca Police Department is hereby authorized and dir- ected to sell 3 motor vehicles at the time of Celivery of the new Carrion . L_S' ,iiOGL. '.�TJIL.)IiTG r",C,IL.ITY: Ly .L?-derman r•1 chols: secon:'eu �_y P";ld.--rman Spano. the Ithaca .',i ty Sc'ZOOI »is-trict :i_1 '. e vacating tee pro sent Central. Sc.col .'uilding o or a'�out !.pril first of this year, and iA'ET'EAS the loard of Education of the Ithaca City School District wishes to explore ,rith the Common Council an" tjith the Greater Ithaca Activities Center .3oard the possibility of making the Centrals School building available for operation of a school-community center through a long-term-use arrangement ,rith the City of Ithaca, an:' such a program might have desirable benefits for the neigh- borhood surrounc^inc the school, the larger community, an( many valua'-,le social agencies in the community, N'04, THEREFO E, 3E IT P.)ZES01.7-ED: " ^ � hall ' �g� � od to appoint a committee to revie.v �.�at the i;Gy or sr�G_._. ��e rF sty with t:�e3oar-:'. o:` :. ducati.on and the Greater Ithaca P.ctivi ti es Center such interim or long-term-use agreements as in their judgment shall be in the best inter-Psts of the city, As,'j 71E IT FU'?THEP. r_:`SOPJ rD: that said committee shall be charged with reporting its recomm- endations at the earliest feasible date after adequate pu',Jic meetings have taken place. Carried. Mayor Conley appointed A_lc^erman IUchols, Chairman, :alderman Spano, Robinson and 2-3ar'-er, and C. 1ooert Cutia, Youth 3ureau Diroctor, to serve on this Committee. TCVONT OF ITHACA AMEEI-,ENT: Alderman Nichols recommended approval of an agreement 'Detvveen the City an-.k Town of Ithaca whereby the Town agreed to pay the City a total sum of .;37,915.00 as its share of re- creation programs sponsored by the City' s Youth 3ureau during the calendar year 1572. By Alderman Nichols: seconded by Alderman Spano. RESOLW;3D, that the agreement be approved; and that the Mayor and City Clerk be authorized and directed to sign and execute it on behalf of the City, under its Corporate Seal. Carried. BIM"CL 3 POUT _�S: /'.lderma:rn rT; cho l s rePor.ted the '-Joard o r Pu'-)l.ic 11or._s hag? r ferrec? �a raruest for estal-li shment of a bicycle route in the City to t'1e Human Services Committee ''cut that she diet not have a report t':-iereon at this time. NCUSIHG AUTHGr.ITY: Alderman Nichols presented a report from the Housing Authority, It anticipated a delay of several weeks had been encountered in the schec':ula for completion of the high-rise housing project, but that the lot: -rise on ,jancock appeared to be on target to be completed by March first. She advisee all damaged units in the Street project nag'. either en repaired•. or replaced Iy the -Iancoc'- ,� � � tie � �� �_ developer. -175' ( io) February 2, 1972 I1. ni�:`,DC ST %ET r' �CI'Ti:G :alderman .pones r2oorted t'-e lanninc Eoard vas not ready to make its recommendations on the request for rezoning the eJest Sidcc of i1. P,ieado44 Street as r ec,uostewa ',y it',rS . Ib1aZZa . PLAi-,1NTi1G COP:,i iITTx�E :; -G '.T: Alderman Jones referred to a letter, dated January 20, !S7?, ,.vhich t'rie Mayor hag': received concerning the City' s Jcrl-a1- .e P rocram --certification. She recommen_ec' that items included therein w1iich referrec' to the Codes and �oC;e enforc2mci t element of the workable program refarred to the Chartar_,c. Ordinance ;ommittee. The letter recommended1 that qualified members on the construction in- dustry be added to the Codes Rcviev Committee and this she recommended I ` referred to the Charter U' Ordinance Committee also. It also indicated that th<: city neec'ed an addlitiona l housing i ns'oector. 'y PO.�1��rman Jon-,s: se c o.-n,'.e(1, Al,'e�,man 5.. SO4_V J, that tl,e mat t ar of hiring c.il ac'c:itiona I Izousi nc i -,soector be referr2d to the .I"hcrter r .lnanCe and t11� 3UdG2t �: :ministration Committee f oc oint study and report. t" Carried. 3G DEV LOt)1,:c'1T: Alderman Schmidt reported, tlza Planning Board Q nark approved the concept o,: developing about 73 acres of property, owned. '�y Dr. .'Joiner and located '•�,et,.veen Clinton Street al-IC,. Elmira Road, as an area for the construction of 'Det,,veen 250 and 4.00 "mobile hausinr units. I'1\T C'0V3RM!,_ "TAL. " ATIUFS r :;'0£:T: ;:_ Berman Slattery reported the .. . --ter _i , --—°-IF. r , , , ire ' le�el..t t e neec. to Me ive sire dispatchers ',_>ecause regular firemen ,:✓ill be needed as f ire;ighters in going to the State' s mandated 40 hours per '.veek. He advised the cost -:would have to be shared 'aet veen the City any' County and a joint meeting had been arra.nced to 'iscuss this matter further. He also reported that his Committee .was involved in -talks ,'rith the Tot-vn of Ithaca regarding an alternate water supply. Il:� a:'vised a i�,'arch meeting had been arranged ,with County officials on the possP-)ility of a point study of combining police services in some manner. He indicated that P,`,r. McClosky from N1. Y. S. Office of Local Government had offered his services in this matter if . nec- essary. HUfk;tP. ? _PLIGHTS By f3.1~7.erman Punc le: seconc'.ed by Alderman Jones. -:SUL.I:-i�, that the Clerk }-le requested to uvrite a letter of thanks to A%;r. Knepper for his presentation or the ;;uman Rights 'Commission' s`a report. Carried. T. V. RECEPTION- Several aldermen reported complaints about poor television and requesteC the Mayor to bring the complaints to the attention of Ceracche Television Corp. CGi'_. Y PARK: Alderman Slattery referred to the lack of part: ?benches in the playground in Con�:ra;;� ar}. and. the matter . !as referral to the __ mmittee for study anc' report. C motion the mooting 'was ad,-ournec' at 10: 25 P. N,. Georee A. Elean, City Cleric Edward J. Conley, N-tayor. 17 6 WON Wtv"14ha" vj Special Were, x �, 7:30 P. d. et!ruasy� . €�. 39� PR3SENT: ALDER�EW, (14) �Barber, Robinson Mayor, y - t , Slattery, Gutenh dxglorti I A��#. Rundle, Nichols, Meyer, Jones, 3oronkay, Henderson,. Spencer Saccucci Attorney Gersh < Board of Public Works, Commissioners (2) Golder,-,:Clynes t Asst. to Supt. of Public :Yorks - Dougherty Urban ne aiial- Di_-rector.- :dale r Con fto.-leiz iltssa11 ; Cl 'r.1t. r-t._Dican _,_ >; Deputy Clerk - Grey Yoh�z All present stood and' were' led by the Mayor in .a, pI dgo .Qf a.i�e�!,ance to the At_e -ai«F Fag tr ��r t� rfeT,ve�:;it hety�"tar t '1` l�nt�3n ,._ �ltd theme why l�$d~ away ;recently'. � ro il7Lc j. }7. n Of i t -,f ;6 Mayor Cbrd,_eil "',1rnTrouftc eth:hie *ttd oa l ed7 the fAvj:htrti 't�e5 � f: ; h:i+ i 1. C?y.. �b fCJ s 't(S fStrnYrY71b} 'y rr r 11 :.Action= on -Ithacare.,.; rL ,wt Oraposa aegard `� Giu "s �i dormitory property. ��''' "AC t`1 O1r1 O f two Qp�?$i2'd. � ,,�. 1t$: C' 3e . Vya, l"� Ct $ m. no Public tiVvrks. .-- _. . - . " - - `. r, 3) Approval of 'warner, Burns, Toane Lunde let ter`-tegardling' atoKk- tectural services. ITHACAR2, INC. Dr. Schneeveiss again reviewed Ithacare's proposal to con- vert the Quarry Street dormitory property into a domiciliary -f'aci-Uty and answered questions about the proposal. He felt this was a facility badly needed in the area and could not be made economical,11` 1reasihlefiuti' less the property enjoyed a tax-exempt status. Attorney Gersh ruled the Council had no authority to grant tax exemptions on real estate but could endorse the proposal in principle and refer it to the County Div- ision of Assessment for faunal determination in this respect. He advised the Council could, however, declare its intention not t6 impose any taxes if the property appeared to be exempt under Section 421-b of the. Real ,. Property-Tax Law, but pointed out that any such action by the- Council would not be final, conclusive or binding on the City' s part in the ftdt-ut( Alderman Nichols reviewed the present status of the property. She felt ° the proposed use would be compatible with the surrounding area and state it had the.approval of-are ° r�esi°dents..- Xw - 4�aIcoIm- Fre6bo r- .sps `k+ ,i,n` favor and}toned apprava1. � After-' some- further disM6sioftj tbw,fo&110wi'ng action was taken: By Alderman Nichols: Seborvft-1 byiAlderman�Robk n , VH '.EAS, Ithacare, "Incorporated, a,nonprofit corporation. under :the _Uws , . of the, State of New-°york, prbpose's'to elttibilish 'a fec1lit'y'f-br.'the dom- , , iciliary care of elderly persanes�on the pttefiises presently keno ­''as (auarry Dormitory, these premises constituting a-:�part of the parcel listed on tax map number 83, block-2,' lat 24, of-the' City of lthata', And' WaIEAS, Ithacare, Incorporated, have requested from this Common Council a declaration of the tax-exempt status of the Quarry Dormitory after they have taken possession of said dormitory for conversion to use as a non-t profit domiciliary facility for elderly persons, NOW TH�TtEFORE 3E IT F._HSOLV3:D, that this Common Council endorses the princi- ple of tax-exempt status of the real property used by Ithacare, Incorp- orated, and it is the sense of this Council that it will not pass any local law, ordinance, or re4olution imposing a tax on %'.(Uarry Dormitory so long as it continues to be used by the nonprofit corporation, Ithacare, Incor- porated, for the domiciliary care of elderly persons and such ancillary functions as may be necessary and appropriate; and that in return for this tax-free status, this Common Council suggests that, insofar as may '- be practicable, applicants from the Greater Ithaca area shall receive preference in applications for admission to the facilities to be provided ,, , by Ithacare, Incorporated. Unanimously carried. At the request of several aldermen, Mayor Conley declared a 10-minute recess at 8:40 P.M. , At the end of the recess he called the meeting ,to order again. lot 77 LOCAL LAW$l Mayor Con ey advised that Mr. Hannan, Asst. of Public Works, who was con- fined to the hospital for surgery, had prepared a statement and requested that it be read, The Clerk read Mr, Hannan' s statement outlining the Board' s record of co-operation and achievement under the existing Charter ane urging the laws be not approved. Action i•ras taken thereon as follows: A LOCAL LAW TO AM34D SECTION 123 OF THE CITY CH,VT:R, 33CTICU 5-17 AS CODIFIED, PROVIDING FOR SCOP:?. OF AUTHORITY OF SOAiP0 OF PUBLIC yJORKS, 3y Alderman ^obinson: Seconded by Alderman Nichols. BE IT ENACT-E-D 3Y THE COMMON COULCIL OF THE CITY OF ITHACA, NE41 YORK, AS FC LLOWS: Section 1. The Board of Public ';forks shall take charge.--and, 'subject to the limitations herein contained, have control, subject to the direction and review of Common Council, of the following departments of the city government, of the property be- lot)ging thereto, and of the appropriations made therefor: 1) dater, except that it shall not in any manner fluori- date the .later under the control of the .eater department of the city government 2 Sewers and drains 3 Streets and sidewalks 4 Creeks and bridges 5 Street lighting 6 Parks 7 Cemeteries .8 Garbage 9 Public buildings and property, but not buildings pr pro- perty 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, Section 5-45 as codified, of this Act. Section 2. This Local 1.a,w shall -take' effect immediately upon its being filed in the office of the Secretary of State. Commissioner Golder asked that' the second proposed Local Law,. d ling with Y the sale .,of water outside the city, be read at this time. The Jerk read this ..proposal' as requested: Commissioner Golder once again -urged defeat of the proposals. He -felt they should he .submitted to referendum. He felt also 'that members 'of-the Board had more expertise to determine the adequacy of the Gity' s water supply than members of the Council. Alderman Gutenberger -entered at this point in the proceedings. Pair. Joe Leonard, Jr. , 501 Turner Place, read a prepared statement urging approval of the lal�vs .as a means of placing public policy decisions in the hands of the Council, the elected representatives of the people, and be- cause he felt the proposed laws in no way infringe upon the proper role of the Board to give technical advice to the Council and to oversee the administration of the Public Works Department of the City. Mayor Conley felt that-Intergovernmental relations would be greatly im- proved by passage of .the laws which.would give Council the power to nego- tiate in good faith with other governmental units- which it does not now have. Commissioner Golder - proposed a resolution -requiring -a `t'vo-third' s vote of Council to override the Board' s decision. ' After some fur•ther 'd.iscussion, the Clerk polled the Alderman by roll call on the above proposed local law which Tesulted as follows: AYES: 9 Robinson, Slattery, Gutenberger, .Schmidt; Nichols, Wieyer.;• Jones, H2nderson, .Spencer . NAYS: •Bar')er, Spano, Pundle, 3oronkay, Saccucci. Approved by ,me this day .of February 1972 and designated .Local lLaL�,v It �:, .�:, 1972. woo ..4y�r, City vi 1 ca, ' arm lot 1"Orkiaw he I hole A LOCAL LAW TO AMEND SLCTION 142 OF THE CITY CK.kRT�- t SECTION 3941 AS CODIFIED, T-ELATI_114G TO TH_:: SAL] OF WAT,]R TO OUTSIDE, THE CITY. By alderman Robinson: Seconded by Alderman Schmidt. 3E IT 3 NACT-ID BY THE CGIv viON COUNCIL OF THE CITY OF ITHACA, NE14 YCP.Y., AS FOLLOWS: Section 1. Said Board of Public 'forks may, on behalf of the City, grant to a corporation or individual outside of the City, the right to make connections Ath the water mains for the purpose of dravvinc water therefrom, and shall fix the prices and condi- tions therefor; but the Boars; shall not sell or permit such use of water if or �•ihon thereby the supply or pressure for N the City or its inhabitants pit? e insufficient, an-"' may discontinue or terminate such sale or use at any time. How- ever, such c':etermination of the Board shall be subject to the revieka and a,,-)proval of the Common Council. Th : Common Council may direct the Board to sell i,,,ater outside the City if the Common Council shall determine the supply of water to be ac!ecuate. Section 2. This Local Law shall take effect immediately upon its being filed in the office of the Secretary of State. The Clerk polled the Alderman b.y roll call which resulted as follows: AYES: 9 - Robinson, Slattery, Gutenbercer, Schmidt, Nichols, Meyer, Jones, Henderson, Spencer. 5 Barr.er, Spano, Bundle, Joronkay, Saccucci. Approved by me this 22nIDday of February 10.72, and designated Local La.v : Z 19729 A*0V F. yor, City o ac , N. WAPII,�. BURNS TOANE LUNDE: Mayor Conley reported receipt o a letter from Varner, :urns, Toane & Lunde rerardine architectural services for the E. Green St. parking ramp facility as follows: Mir. Edward Conley, Mayor 3 February 1972 "On February 3 ,,!e reviewed :jith you in our office the amendment shown on ',-ace 2 of Contract dates? December 1-° , 1971 signed by garner, Burns, Toane, Lunde, shish the City Yvishes to include in our Contract for Archi- tectural Services. This amendment reads as -follows: Notwithstanding anything set forth herein, it is a condition of this Acreement that the total cost to the City of Ithaca of the proposed !narking structure, including all related architectural services and construction costs (bit not limited to said illustrations) shall not exceed 1.2 million dollars. As you, I am sure, realize, this amendment asks us actually to guarantee that re can design the parkins; structure not to exceed 1.2 million dol- lars and to provide parking for approximately 100 cars. Our experience shows that this limit of cars and dollars may be difficult to achieve. Th;-- parkins: structure recuested does not stand alone. Even though the cost of connections to the adjoininc, retail spaces proposed is not part or the cost of the garage structure, certain critical heicht relationships and service connections to the other commercial areas must he taken into consideration. Therefore, in initialing the amendment we reserve the right to come to the Common Council at a very early stave of the desion if we feel that there is no chance to achieve these stip- ulations precisely. ,le agree that ,re -,All ,vork on a time basis not to a•..,, exceed ,;5,000 until we have checked the viability of the 400 car/ 1.2 million dollars stipulation and until the '-fJD amendatory is approved. Therefore, we are attachinc, two copies of the Gonttact,.with the amendment properly initialed qualified only by the substance of this letter. We are very pleased to enter into this agreement with the City and look for,.,/ard to continuing associations. r Signed, Charles H. garner, Jr. t4) � `19 February 10, 1972 He stated he had polled the aldermen by telephone and received their individual 3,Dprcva1 of the contents of the letter before he signed the agreement on Fe',,ruary 7, 1972, ue requested the Council to confirm t.,�is a o;oroval. By: P.l.daerman Jones: Seconded by Ald`rman Barber. LSGL�'Z_D teat the letter from '.Darner, Burns , Toane �; Lunde, dated I. ; y B g ,c ar S 1 7 -.., e an : hereby is accepted, and that the Council hereby , confirms its ratification of the contents as agreed to by telephone is conversations 1:,vith the Iviayor prior to Eebruary�7 , 1972. ' Unanimously Carried. SUPPLY: The Clerk read the followinc communication from Mayor Conley: V _.n "As you all know,, on January 1st of this year, I pledged myself, as .'' mayor of our city, to seek the—means for establishing ne,1v channels of communication for intergovernmental cooperation throughout tha greater Ithaca area . ';lith this in mind�_'. and with the knowledge, approval, and ?articipation of Common Council, several fruitful discussions have been held with area governmental agencies . un January 26th, at the meeting, of the Board of rublic .works , the ?3oard voted unanimously -to participate in a joint interm unicipal vvat.er study and passed the following- resolution: "By: Commissioner Evvanicki: Seconded by Commissioner Downing. RESGLV. D, that this Board ac_rees to participate in discussion with the Towns of Ithaca , Lansing and Dryden and the Village of Cayuga Heights, to establish intermunicipal cooperation in exploring the long-range solutions for the area' s water problems, and to ask the Common Council to provide funds for the city' s fair share of a comprehensive water suppler study for the municipalities concerned, which would focus on the city' s current supply source and the proposed source at either Bolton Point, Cayuga Inlet, or upland areas , - as the major raw water sources for the area , recommend methods to intergrate these sources, determine construction and maintenance Costs, establish consumer costs, and re- commend methods of intercovermental supervision of the area supply, all to the benefit of the residents of the Greater Ithaca Area ._'l The ;3oard further had assistant superintend.ant Hannan investigate the technical feasability of interconnecting with Cornell' s water system, for use by the city during low-flow emergency periods. ivr. Hannan' s report has been received, establishing a minimum potential of five- hundred-thousand gallons of water per day durinc such emergency periods, at a connection cost of ;67, 120. Yesterday, the Board, fully aware of Mr. Hannan' s report, declined to consider the full impact of his findings, and chose to move ahead un- ilaterally with the previously proposed inlet alternate water supply. Feeling this to be a matter for Council consideration, I agreed to the Board' s resolution, so that Common Council might have the oppor- tunity to consider the action taken and the possible long-range affects of that action. At the April 1970 meeting of Common Council., Council voted c to 4 for a resolution that stated: "RESOLVL>, that monies provided in the General Fund, 4&ter Fund and Sewer Fund in Account 290-b60 - 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 includ- ing material and labor or contract costs, and estimated date of be- ginning and completion of the project have been presented. " As the criteria and recuirements of that resolution have not as yet 'peen met, I consider it most important that Council determine what the groper policy of our city will be relative to this matter. I -:,.loul.d therefore appreciate discussion and possibly a motion by Council as to the proper direction in this matter. ' Alderman Slattery read his own prepared statement as follows : "The action taken by the Board of .Public 4orks yesterday afternoon in affirming action to a,o ly to the dOater Resources Commission for permis- sion to take water from the inlet as an alternate supply is somewhat premature in light of the fact that this action would rule out other possible intergovernmental solutions to this protlem. AS '. ? 1c:tey an�1 s°'.JOr r.0 �ttve k 10',.,'4 ^1 ` ' a n c 1 aS J°Ct a e� �rnc i cuss a .1 s of this situation ,,,as establishz?u at a previous mectinc ,iith the To�,wn of Ithaca, Dry^en, Lansing, `�ornell. University, the 'Jat�r �, 3&.-per Committee of the 32, , Mr. Dingman, i.,r. � annan, Join i umstead i rom the JapGrtment of Healt1i on January 26, 1972.. This meeting _,jas callec' for February 16, 1972 an_' 11vas to be chaired', by John Sumstead from the ,'e,v York State Department of Health. I`he .action taken by the Board of Public :forks does not enhance Inter- o.overnmental_ relations an_ se aks poorly of cooperation. I requested at yester(�'ay' s 3P meeting that any immt!diate action be deferred until after this meetinc of February 16 but -Lo no avail. 'foul_`. one .,jeek make that much di f srerace? It certainly does from a nec,otiatinc- standpoint. ,R y y i _;chaps the final ans ver is to co to the I.nl.at for ou - c ltarnate sup- - , ply, 1-Jut if there are other possi'-,l_c cons id, trey should not " " ' o rejecter'. in this manner. i - incuirsd ii anyone had obj:ctions to a motion regarding this matter ojhicf, he ,vish.ed to introduce. No one offered any o�-Jections and he off^_r_ed the .`ol_l6wine motion: >y: r":lderman Slattery: Seconded '-)y Alderman iiichois . -:-SOLVED: that Common Council looks favorahl}& upon the prop9sed inter- municipal water supply ;proposed at the January 26, 1c,72 me:tine of the 3oard of Public ,Joiks and will_ rive prime consideration to the cityt s participation in such a study as soon as cost figures for the city' s share are availa'_le, and 3.� IT FURTH:T_. r-SLL'-1 that this � ommon Council here'-)y declines to release any monies for ti.e fu_. ;inc of thze D °posed Inlet Alternate Dater .system until such time as t'-,.e afor<eme,°:tiona:' stu:;� is completed and- accepted or rejected' 'Dy Council_. 3Ys Alderman Saano: Seconded oy Alderman Saccucci, P. SCL'J�D, that the foregoing motion ba ta'7.led. .AY:S: 1 - Soano. N„YS: 13 - 73ar' ar, Robinson, Slattery, Gutenbercer, Schmidt, Rundle, Oichols , i� eyer, Jones , Boronkay, Henderson, Spencer, Saccucci. Tabling iv,otion defeated. I} A vote on the original motion -.,,as then taken and it resulted as follows: AY3-S: 13 - 13ar'ber, no'ainson, Slattery, Cuten'Derger, Schmidt, Rundle, 'ichols, Mayer, Jones , 3oronkay, izonderson, Spencer, Saccucci. NAYS: 1 - S•:)ano. i!,otion Carried. ¢ ' On motion, tho meetinc: vas a•-'journed at 10: 10 P. M. k Gsorce A. Blean, City Clerk 1rdv. and J. C ley, i+jiayor / s- CITY OF ITHACA, N. Y. Regular Meeting 7:30 P.M. March 1, 1972 PRESENT: Mayor - Conley ALDERMEN (13) - Robinson, Slattery, Gutenberger, Schmidt, Spano, Rundle, Nichols, Meyer, Jones, Boronkay, Spencer, Saccucci, Barber ABSENT: Alderman -/4luYeWW Henderson OTHERS PRESENT: Attorney - Gersh Chief of Police - Herson Deputy Fire Chief - Tuckerman Urban Renewal Director - Daley Controller - Russell Supt. of Public Works - Dingman Clerk - Blean Building Commissioner - Jones Deputy Clerk - Grey MINUTES: Minutes of the last regular meeting attd the special meeting held on Febru- ary 10, 1972 were approved as recorded by the Clerk. $.• SPEECH CLINIC: Mr. Alvin Knepper spoke briefly and thanked members of the Council Up and the Mayor for support in his efforts to get funds restored for the Ithaca Speech O Clinic, W Weiner Mobile Home Park; A It was moved by Alderman Slattery, seconded by Alderman Schmidt and carried that the Council consider as a first item of business an item on the agenda dealing with Dr. Weiner'=s proposal for development of a mobile home park on his property South of West Clinton Street on land known as the City landfill area. Dr. Weiner presented and reviewed his proposal in detail. He indicated that it would include the development of about seventy out of eighty-three acres in total which he owned in this area to accomodate about 350 law-cost family units. He pointed out that a Southwest feasibility made by UDC in 1969-70 indicated his property would not be able 'to support heavy construction for the' next' 15 Lyears, and he. therefore-felt his proposed development was the odly use to make of this 'property at the present time which .would afford him a return on his investment as well as provide the city with an additional tax 'base with an annual yield in taxes of between $75,000 and $80,000. He read-letters from the Chamber of Commerce, Tompkins County Health Dept. , V.P. Hannan, Asst. Supt. of Public Works, Edison Jones, Bldg. Comm. and Howard R. Sehlie- der, 'City Engineer,' of whom endorsed his proposal. Mr. Weinstein, Attorney for Dr. Weiner, reviewed the legal aspects of his client's proposal and requested the Council to amend its zoning 'ordinance' and zoning map as follows: 1) Amend section 9 by delling a provision prohibiting mobile home parks within the city." 2) Amend section 7 by adding thereto a new district to be known as MHI District. 3) Amend the zoning map to change the `zoning of Dr. Weiner's property from"I-1 and I-2 to an MHI District. 4) That the Council hold a public hearing on these changes at its next regular meeting. Walter Wiggins, who represented Superior Electric,-Arthur Shu7.1, Ithaco, `Hull Heat :- ing & Plumbing Co. , Stewart & Bennett, Tallmadge Tire Service, Smith's Beverage Company and. Wallace Steel Inc. , appeared in protest to Dr. Weiner's proposal. He felt Dr. Weiner's proposed use of his property would be incompatible 'Vith the sur- rounding industrial uses. He requested- it be referred back to the Planning Board to seek, out the opinion of those surrounding -the area. Alderman Jones reported the Planning Board had "approved in concept the development of mobile hones on this" site and presented it to Council "for its discussion 'and action. She" reported the Planning & Development Committee of Council reccmmended the adop- tion of a mobile hoarse ordinance. By Alderman Jones: Seconded by Alderman` Nichols RESOLVED, That the Charter '& Ordinance Committee be requested to develop a mobile home park ordinance "-and present it to this council -at its earliest convenience for consideration. CARRIED. Alderman `Robinson announced a subcommittee of the Charter & Ordinance'•Cammittee was already engaged in a study "df such an ordinance. By' Alderman Boronkay: Seconded by Alderman Spano. RESOLVED, that'Dr. Weiner's proposal for development of his property into a mobile• home park be referred to the Charter & Ordinance Committee and the Planning & Develop- ment Committee for joint study and report. AYES-: 11 NAYES: 2 - Jones , Gutenberger. CARRIED. March 1, 1972 SNOWMOBILE ORDINANCE: The Clerk read a letter from Ithaca Environmental Commission requesting Council to adopt an ordinance to prohibit the use of snowmobiles,. minibikes, etc. ,from being used on city streets, city-owned property and city- maintained properties. Alderman Robinson stated the Charter & Ordinance had discussed this matter already and expected to have a suitable ordinance ready for presentation to the Council at its next meeting. TREE APPROPRIATION: The Clerk read another letter from the Environmental Commission requesting the Council to increase the 1972 budget for tree replacement from $6,000.00 to a more appropriate figure to compensate for the large number of trees which have been removed in recent years. By Alderman Jones : Seconded Alderman Boronkay. ..h" RESOLVED, that the request be referred to the Budget & Administration Committee for stud and report. CARRIED. EXECUTIVE SALARY PAYROLL: The Clerk read a letter from the Acting City Judge re- questing that his 1972 salary be adjusted to include a 4% increase given other officers and employees; Alderman Rundle called attention to a resolution adopted by the Common Council on December 15, 1971, providing for the 4% increase but which excluded the Mayor, City Judge, City Attorney, and City Prosecutor. He advised it had been the in- tent to exclude the Acting City Judge also and recommended an amendment to effect this, By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED, that a resolution adopted by the Common Council on December 15, 1971 approving a 4% across-the-board salary increase for the year 1972 for those officerw and employees included on the Executive Payroll, excluding the Mayor, City Judge, City Attorney and City Prosecutor be amended to exclude the Acting City Judge also; and that this amendment shall became effective as of January 1, 1972. Unanimously Carried. TOMPKINS-CORTZAND COMMUNITY COLLEGE: The Clerk read a letter the Mayor had written to Governor Rockefeller urging the commitment of state funding for the Tbmpkins- Cortland Community College building project. By Alderman Slattery: Seconded by Alderman Robinson. WHEREAS, the Tompkins-Cortland Community College has prepared plans and specifications for the new Tompkins-Cortland Community College to be built at Dryden, New York, and i-is now prepared to start construction, and WHEREAS, the State of New York and the Federal Government had assured this college of sharing in the funding of this project up to a total of $6,500,000, and WHEREAS, because of budget problems in the State of New York, there is presently cur- tailment of such construction funds whieb would jeopardize or perhaps Jose $5,000,000 of Federal funds already allocated for this project, NOW THEREFORE BE IT RESOLVED, that this Cowman Council, meeting on March 1, 1972, does hereby urgently request the State of New York to authorize such funds in order to utilize the Federal monies already allocated for this project, and BE IT FURTHER RESOLVED, that this resolution be forwarded to the Honorable Nelson A. Rockefeller, Governor, Senator William T. Smith and Asselblywoman Constance Cook. CARRIED. APPOINTMENTS: Mayor Conley announced the following appointments : Landmarks Preservations Commission - Raymond Hemming - 3-year term, ending December 31, 1974. Landmarks Preservations Commission - Evelyn Stamp - 3-year term, ending December 31, 1974. By Alderman Boronkay: Seconded by Alderman Barber RESOLVED, that the Mayor's appointment of Raymond Hewing and Evelyn members of the Ithaca Landmarks Preservation Commission, for three-year terms each, be approved. y CARRIED. NARCOTICS GUIDANCE COUNCIL: He also announced additional appointments to the Marco- tics Guidance Council for approval as follows : Narcotics Guidance Council - Rev. John A. Taylor - Two-year term, ending Dec. 31, 1973. Narcotics Guidance Council - Stuart Grinnell - Three-year term, ending Dec. 31, 1974.. By Alderman Barber; Seconded by Alderman Schmidt. RESOLVED, that the Mayor's appointment of Rev. Taylor and Stuart Grinnell as members of the Narcotics Guid Ace Council, for two and three-year terms respectively, be approved. CARRIED. CITY JAIL REPORT: The Clerk presented a report of the City Jail, dated Dec. 15, 19719 received from N. Y. State Commission of Correction. It indicated that all areas were found to be highly satisfactory with respect to cleanliness and good order and that all locks and sanitary fixtures were in proper working order. The report was ac- cepted and ordered placed on file. (3 March 1, 1972 f 8 3 HOME RULE REQUEST - URBAN RENEWAL APPOINTMENTS: The Clerk reported receipt of As- sembly Bill, Print No. 8888, to provide for a change in the method of appointing members of the Ithaca Urban Renewal Agency which the Council had approved during 1971 He reported that a Home Rule request must be approved by the Council to request enact- ment of this legislation. By Alderman Slattery: Seconded by Alderman Gutenberger. RESOLVED, that the Common Council of the City of Ithaca, New York, hereby requests the enactment by legislation as set forth in AssembJ,y Bill No. 8888 entitled: "An Act to amend the General Municipal Law in relation to appointments of members of the Ithaca Urban Renewal Agency"; , and that it be brought out of legislative committee and enacted into law by the New York State Legislature. CARRIED. PUBLIC HEARING ON LOCAL LAWS: The Clerk reported the Mayor, after a public hearing held on February 22nd, had approved a local law amending Sec. 123 of the City Charter, dealing with the powers of the Board of Public Works; and another amending Sec. 142, dealing with the sale of water outside the city. He advised the laws had been filed with the Secretary of State as required, and were now in effect. LOCAL LAW - DEPUTY FIRE CHIEF: The Clerk reported a proposed Local Law relating to the creation of the position of Deputy Fire Chief had laid on the table since February 2nd and could be acted upon at this time. Action thereon was taken as follows: A LOCAL LAW TO AMEND SECTICKS 166 AND 168 OF THE CITY CHARTER, SECTIONS 6-4 AND 6-6 AS CODIFIED, RELATING TO THE CREATION OF THE POSITION OF DEPUTY FIRE CHIEF. Q By Alderman Robinson: Seconded by Alderman Schmidt. W BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section:l. Paragraph. (2) .of Section 166, Section 6-4 as codified, is hereby amended to read as follows : To appoint the chief engineer, deputy chief engineer, and assistant engineers and all compensated officers and employees of the departments #ad with the approval of the Common Council, to determine the compensatica Of such engineers. Section 2. Section 168, Section 6-6 as codified, hereby is amended to read as follms= There shall be a chief engineer, a deputy chief engineer, and three assistant engineers appointed by the-Board of Fire -Commissioners. They shall hold their offices until removed because of incompetency or miscon- duct, after charges in writing shall have been preferred, and such charges established upon a hearing before said board of fire commissioners; re- moval however,:to take place only upon approval by the Mayor of the- find- ings of said board. Any member of the Ithaca Fire Department so appointed chief engineer, deputy chief engineer, or assistant engineer shall cease to be an active member of any company of said department. Section 3. This Local law shall take effect immediately upon being filed in the offies of the Secretary of State. The Clerk polled the Aldermen by roll call which resulted as follows: AYES: 13 - Robinson, Slattery, 'Gutenberger, Schmidt, Spano, Rundle, Nichols, Meyer, Jones , Boronkay, Spencer, Saccucci, Barber. NAYES: 0 Approved by me this 15th day of March 1972 and designated Local Law # - 1972. Mayor, City of I aca, ew yo . TAX WARRANT: Upon- recommendation -of the City Chamberlain, action was "taken to reciuest" extension of the Warrant for collection of State & County Taxes as follows: By Alderman Nichols: Seconded by Alderman Slattery. RESOLVED, that the City Chamberlain be authorized to request the County of Tompkins to extend-its Warrant for the collection of 1972 State& County taxes until June 1, 1972. CARRIED. TOWN OF DRYDEN WATER SERVICE: Attorney Gersh reported receipt of a letter from Mrs. Helen Amdur, Attorney for Town of Dryden, expressing her intent to start proceedings against the City for its declaration of a moratorium on extension of water service to the Town. He recommended that a meeting be held between members of the Counci; Board of Public Works and representatives of the Town Board be held as soon as 'pos sible - to further discusc. the city's position in this matter. By Alderman Robinson: Seconded by Alderman Jones. RESOLVED, that the Mayor be authorized and directed to arrange a meeting between members- of the Council the Board of Public Works with representatives of the (4) March 1, 1972 Towns of Dryden and Ithaca to discuss the city's position on its moratorium on extending water services outside the City. CARRIED. TAX ANTICIPATION NOTES: Controller Russell requested authorization to borrow in anti- cipation of taxes to be collected during 1972. By Alderman Rundle: Seconded by Alderman Schmidt. 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 purposesfor which such taxes are or may be levied by the issuance of a negotiable note or notes in an amount not to exceed $400,000, 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 1972 with local banks or with Water, Sewer, or Capital Funds of the City of Ithaca at an interest rate of not to exceed 3%, and BE IT FURTHER RESOLVED, that the full faith and credit of the City of Ithaca hereby are pledged for the payment of retirement of such temporary tax loans before the close of.Raid -fiscal year and out of taxes to be received for the current fiscal year. AYES: 13 NAYS: 0 - Carried and approved by Mayor. ANNUAL REPORT OF CITY CHAMBERLAIN: Controller Russell presented and reviewed the annual report of the City Chamberlain for the fiscal year ending December 31, 1971 and it was accepted and ordered placed on file. ADDITIONAL APPROPRIATIONS: Alderman Meyer reported the Board of Public Works had made the following requests : 1) An additional appropriation of $150.00 to budget account G8120 in the Water Fund for repair parts at the Cherry Street Pumping Station. 2) Transfer of $90.00 within budget Account 08330. By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED, that the foregoing requests be financed from funds provided in the present tentative budgets for Accounts G8120 and F8330 respectively with the understanding that additional funds may be requested later if needed. CARRIED. GRIEVANCE - HILLICK-CARMAN: Alderman Meyer reported the Board of Public Works had referred the Hi click-Carman grievance to the Council for review and direction, Con- troller Russell reviewed the entire proceedings to date and expressed his opinion that Mr. Putney's appointment by the Board of Public Works to serve as an arbitrator to represent the City was improper. Attorney Gersh concurred with the Controller's opinion in this respect and he then reviewed an opinion he had furnished the arbi- trators at their request. He felt the City's action in requiring these two employees to pay the full share for their health insurance coverage during periods while they were off the payroll was proper and had so informed the arbitrators. By Alderman Robinson: Seconded by Alderman Jones. RESOLVED, that the report of the City Attorney in this matter be accepted and that the Council hereby determines that the City has not had proper representation among the arbitrators chosen in this matter. AYES: 12 NAYS: 1 - Nichols. CARRIED. POLICEMEN'S & FIREMEN'S RETIREMENT SYSTEM: Action was taken to provide a 1/60th pension benefit under a non-contributory plan in the N. Y. S. Employees' Retirement System for policemen and firemen as follows : By Alderman Rundle: Seconded by Alderman Slattery. "BE IT RESOLVED: that the Common Council of the City of Ithaca does hereby elect to come under the provisions of Section 375-b of Article 8 of the Retirement and SocJ41 Security Law establishing a non=contributory retirement plan and ordinary death bens- fits for members, and "BE IT FURTHER FESOLVED: that the members' contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll period beginning on the 5th day of March, 1972. AYES: 13 NAYS: 0 Carried and approved. By Alderman Rundle: Seconded by Alderman Slattery. "BE IT RESOLVED: that the Common Council of the City of Ithaca does hereby elect to provide the additional pension benefits of Section 375-e of the Policemen's and Fire- men's Retirement Law, as presently or hereafter amended, and entitled "guaranteed retirement benefits for employees of participating employers" ; and "BE IT FURTHER RESOLVED: that this election shall become effective with the payroll I I : I , • - --rte-', - --`- - -- --- --. - i I I z (5) March 1, 1972 u` period beginning on the 5th day of March 1972. AYES: 13 NAYS: 0 Carried and approved. BUDGET TRANSFERS: By Alderman Rundle: Seconded by Alderman Jones. RESOLVED, that the City Controller be and is hereby authorized to transfer iunds within the same Budgetory Account with a limit of $100.00; and that a listing of Mich transfers each month will be provided to the Budget & Administration Committee by the Controller for presentation to the Common Council at its regular monthly meeting. CARRIED. APPROPRIATION - FIRE DEPT. : By Alderman Rundle: Seconded by Alderman Robinson. RESOLVED, that $3,000 be appropriated from Account A1990 - Contingent Account to Ac- count A3410 - 418 Fire Department - Equipment Maintenance to provide for the cost of extra-ordinary repairs to two fire engines. AYES: 13 NAYS: 0 Carried and approved. CAPITAL BUDGET FOR 1972: Alderman Jones presented and reviewed a list of Capital Pro- jects for the year 1972 which she recommended for approval in accordance with a sched- ule thereof attached to the minutes: The Superintendent urged that the cut of $7500.00 in the Board's request for traf- fic signal improvements be restored even at the expense of eliminating the $7500.00 for the Elmira Road surface improvement project. Q A Motion by Alderman Jones and seconded by Alderman Schmidt to approve the Capital Budget as presented was amended to exclude the two projects questioned by the Super- intendent. By Alderman Robinson: Seconded by Alderman Nichols. RESOLVED, that all of the items included in that attached Capital Budget, excluding $7500.00 for traffic signal improvement, and $7500.00 for Elmira Road surface improve- ments, be and they hereby are approved at this time for inclusion in the 1972 budget for-.the City of. Ithaca, and BE IT FURTHER RESOLVED, that this Council, in appropriating monies from the General Fund, Water & Sewer Funds and Capital Reserve Funds to cover the cost of said projects, will not release these funds until such time as beginning and completion dates and material costs and labor costs have been presented to the Council. AYES: 13 NAYS: 0 Carried and approved.. " EXECUTIVE SALARY PAYROLL: 'Alderman Rundle called attention ot, the salary' status of James M. Herson; Chief of Police, Charles Tuckerman, Deputy Fire Chief,"Gerald Sanford, Asst. Fire Chief and Jon Meigs, Planning Director. He advised they had all assumed additional responsibilities under provisional appointments and felt they should be compensated therefor. By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED, that the salary of Jon Meigs, Planning Director, be increased to the min- imum of his grade; and that the other three officers be given 4% increase, Alderman Robinson asked that these matters be discussed in Executive Session and after some discussion it was agreed to adjourn to Executive Session at the. -end -of--the regu lar meeting for this .purpose. CODE AMENDMENT Mayor Conley requested that sections of the code'deslin-g with pro- visional and promotional appointments be reviewed for clarification. By'Alderman Rundle: Seconded by Alderman Boronkay. RESOLVED, that this matter be referred to the Charter & Ordinance Committee for review and report.CG 'ried, AUDIT: By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED, that the bills audited and approved by the Finance Committee in the amount, of $12,120.99 in the General- Fund, and $6,441.00 in the Community Renewal Frogram Fund, as listed on audit abstract #2-1972, be approved for payment. -CARRIED. SIGN ORDINANCE: Alderman Robinson reported progress and promised a final draft for the May meeting. DOG_ORDINANCE: Alderman Robinson reported progress on an amendment to the dog ordin- ance requested by the City Judge. - CODE AMENDMENT NO2 - 1972 BICYCLE ORDINANCE: Alderman Robinson reviewed and recam- ' mend' amendments to Chapter 5 of the Code of Ordinances regulating the use of bicycles, licensing thereof, etc. By Alderman Robinson: Seconded by Alderman Barber. (6) March 1, 1972 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 5 of the Code of Ordinances, Bicycles, Sec. 5-3, paragraph (a) of Sec. 5-4, Sec. 5-6, and Sec. 5-8 be amended as follows: Sec. 5-3. Application for license ; fee. Application for a bicycle License and Licensed Sticker shall be made upon a form pro- vided by the City and shall be made to the Chief of Police or his duly appointed rep- resentative. A license feE of fifty cents shall be paid to the City before each license or renewal thereof is granted. Licenses will be issued in periods of two years duration and the fee charged for same will remain at fifty cents at any time during that two year period. Sec. 5-4. Issuance of license. -:. (a) The Chief of Police or his duly appointed representative upon receiving proper application therefor is authorized to issue a Bicycle License which shall be effective until the expiration date as per the existing license. The renewal dates for Bicycle Licenses will be established as the first day of May following expiration. Sec. 5-.6. License plates. (a) Issuance, contents. The Chief of Police or his duly appointed representative upon issuing a Bicycle License shall also issue a license tag or sticker bearing the license number assigned to the bicycle, the name of the City, end the calendar years for which issued. (b) Attach ment2'he Chief of Police or his duly appointed representative shall q si& 34gWe t w Pr #tinker to be ft? Y 4t v4 to the f ou the froat, of the frame of the bicycle for which issued in such position as to be plainly visible. (c) Removal. No person shall remove a licensed tab or sticker from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any street in the city. Sec. 5-8. Sale, transfer of licensed bicycles. Upon the sale or other transfer of a licensed bicycle the licensee shall remove the license tab or sticker and shall either surrender the same to the Chief of Police or his duly appointed representative or may upon proper application, but without payment of additional fee, have a new tab or sticker assigned to another bicycle owned by the applicant. Effective upon publication. AYES: 13 NAYS: 0 Carried and approved. ZONING ORDINANCE: Alderman Robinson predicted a June target for presentation of a revised zoning ordinance. COUNCIL RULES: Alderman Robinson reported that recommendations of Commissioners Golder and Downing that a two-thirds vote of Council be required to override decisions of the Board of Public Works had been discussed by his Committee. He stated the Golder reso, lution regarding this matter would require a mandatory referendum. He felt that the matter might be done by a simple resolution amending the Council's rules, Attorney Gersh advised he was not convinced about Alderman Robinson's statement regarding a mandatory referendum. BARGAINING AGENTS' COMPLAINT: Alderman Nichols reported that the Human Services Committee had met with a representative of CSEA regarding its complaint filed at the last regular meeting and after a thorough discussion of the matter the complaint filed had been withdrawn. ANNUAL REPORT - YOUTH BUREAU: Alderman Nichols presented the annual, report of the Youth Bureau for 1971. By Alderman Nichols; Seconded by Alderman Jones. RESOLVED, that the report be received and filed. CARRIED. MRS. RUMSEY APPOINTMENNT: By Alderman Nichols . Seconded by Alderman Jones. RESOLVED, that upon recommendation of the Youth Bureau Director, Mrs Marjorie Ramsey be provisionally appointed to the position of Sr. Stem grapher at an annual salary of $5 ,527.00, the minimum of grade 24 in the Compensation Plan; and that her appointment shall become effective as of February 15th; and that she shall be assigned to the Youth Bureau on a temporary basis, and BE IT FURTHER RESOLVED, that the Civil Service Commission be requested to hold an examination for this position. CARRIED. JON MEI GS: Alderman Jones reported that Jon 14eigs had met the resident requirements for appointment as Planning Director and that the Planning Board had approved his pro• visional appointment. MRS. HILDA HUTSON - LEAVE-OF-ABSENCE: Alderman Jones reported that Mrs. Hilda Hutson had been removed from the payroll on January 10th on account of absence due to illness since she had used her available sick time , and that Mr. Meigs had therefore recom- mended that she be granted a leave-of-absence for a period of three months, effective January 10, 1972. By Alderman Slattery: Seconded by Alderman Robinson. RESOLVED: that this request be discussed in Executive Session. AYES: 12 NAYS: 1 - Jones CARRIED. ZONING ORDINANCE AMENDMENT: Alderman Jones reported the Planning Board had recom- mended that the zoning ordinance be amended to define the term "family" to that used in the U. S. Census, to wit: "A family consists of two or more persons living in the same household who are related to each other by blood, marriage, or adoption; all persons living in one house- hold who are related to each other are regarded as one family." The Board recommended also that this definition be that contained in the proposed re- vision of the zoning ordinance currently being considered by the Charter & Ordinance Committee. By Alderman Jones : Seconded by Alderman Boronkay. RESOLVED, that the proposal be referred to the Charter & Ordinance Committee for study C and report. CARRIED. N. __MEADOW STREET REZONING: Alderman Jones reported the Planning Board had recommended the rezoning of that portion of the west side of North Meadow Street not now included in a B-4 zone Being-a portion of the 300 block and the 400 and 500 blocks) from its present B"-1 to a B-4 zone. She reported further that the Planning Committee of Council recommended it be rezoned to B-2 in accordance with its description in' the revised zoning ordinanceunder 'consideration by Charter & Ordinance Committee. After consider- able discussion as to whether to change it to B-2 or B-4 the following 'action was taken: By Alderman Saccuccii Seconded by Alderman Boronkay. RESOLVED, that the Clerk be rizei,,�Qo Ivertise a public hearing on the question, "Shall the properties faciilgof� StMea `Street in that portion of the 300 block and the '400 and 500 blocks,. not now included in a B-4 zone be rezoned from B-1 to a B-4; and that said hearing be held by this Common Council at 7:30 P.M. on April 5, 1972. AYES:- 12' NAYS: 1 - Jones CARRIED. ON RECOMMENDATION OF Alderman Rundle, the' Clerk was, instructed-to notify-all 'persons involved in the change of' the public hearing: SALE OF LAND: .Alderman Jones reported that the Planning Board had recommended that the parcel of city-owned land at Clinton & Spencer Streets not be sold for use as parking, but that a lease arrangement be made to allow its use for parking until such time as a proposal for a more desirable use is made. By Alderman Jones : Seconded by Alderman Boronkay. RESOLVED, that the Planning Board's reco=endation be accepted and the leasing of said property be 'approved with 't le provision that area residents be given priority; and that the 'residents be protected by an appropriate living or man-made fence or screen; and further that this matter be referred to the City Attorney and Superintend- ent to work out such details. CARRIED. CORRIDOR: By Alderman Jones: Seconded by alderman -Robinson." RESOLVED, that it is the seose 'of this Common Council that the .utilizing of park lands as a corridor for the relocation of Routes #13 and 96, as requested by M. ':Y. S. Dept. of Transportation, would not be a major impairment to the City'-s- park land stock;_ and further that the Council, by taking this action, in no way indicates its approval � - of any final determination of said corridor, and BE IT FURTHER RESOLVED, ,that no; conveyance of any'properti:es in question shall be made until final a:greemLont and acceptance are approved by the Common Council of the City of Ithaca. CARRIED. REORGANIZATION OF CITY OFFICES: Alderman Jones made a.progress report� on the reorgan- ization-of the offices of Building Commissioner, Planning Board, Urban Renewal Agency, Housing Authority. HOTEL BLOCK PARK: , Alderman Jones- referred to a proposal received from the Ithaca Business & Professional Women's Club at the last meeting regarding its offer to make the Ithaca Hotel block into a park 'pending its development. She' recommended that the organ- ization be thanked for its offer and advised that the Council feel some plan for the Mereh 1, 19T2 development of this area will be worked out by July 1972 which would preclude, its use as a park at this time, and that the organization be advised to investigate the iANk of possible plantings of block 99 or 203 to improve their visual appearances. HOUSING: Alderman Nichols reported a delay in the high-rise housing project for the elderly had been encountered and predicted its completion by June lst. She reported that the Hancock Street housing project vas expected to be completed by April 1st. MAPLE AVENUE: Alderman Nichols reported some discrepancies existed between U.D.C. and the City regarding fire protection for the Maple Avenue housing project which she expected would be cleared up in the near future. FIRE DISPATCHERS: Alderman Slattery reported that a preliminary agreement has been .. , reached with County Representatives to share costs involved in hiring five dispatchers for County wide fire protection. The proposal calls for the positions to be County Civil Service - Grade 5 at a salary of $4,91+ each plus fringe benefits; under a two-year contract starting March 1, 1972 and subject to review annually. It was originally agreed by our respective committees that all costs were to be shared on an equal basis and that city funding for these positions would not be required until January 1, 1973. It now appears that the County may want funding to start May 1, 1972. This point needs further study and discussion before a final agreement is reached. By Alderman Slattery: Seconded by Alderman Schmidt. RESOLVED, that this Common Council approves the concept of equal cost sharing of sal- aries and fringe benefits involved in hiring fire dispatchers for county wide fire protection, and BE IT FURTHER RESOLVED, that upon completion of negotiations , the final agreement will be brought before this Common Council for ratification. CARRIED. WATER RESOURCES: Alderman Slattery reported that a meeting of persons representing the State of New York, Tompkins County, the City of Ithaca, the Towns of Ithaca, Lansing and Dryden, the Village of Cayuga Heights and Cornell University was held February 16th to discuss ways of achieving an intermunicipal solution to our mutual water prob- lems. Discussion was focused primarily on: the City's present moratorium on water exten- sions, Cornell University as a possible supplemental supply, the Inlet as an alternate supply and Bolton Point as a possible supply. " Cornell officials have verbally stated that an interjector could be built on Cornell land that could be used to augment our water supply up to '2- MGD during emergency times. There was some feeling expressed that if Cornell could make some type of formal offer or commitment of water to the city that this could possibly lead to a lifting of the moratorium. He then read a letter to Cornell University from Mayor Conley and officials from each area involved expressing a joint interest in discussing the University's long standing mutual agreement to supply the city with water during emergency periods. By Alderman Slattery: Seconded by Alderman Robinson. BE IT RESOLVED, that this Common Council end'ases the action taken on February 16, 1972, by the representatives of the State of New York; Tompkins County; City of Ithaca; Towns of Ithaca, Lansing, and Dryden; the Village of Cayuga Heights; Cornell-University; , Ithaca Common Council; and the Ithaca Board of Public Works, to set up the greater Ithaca Committee on Water Resources, leading to the formation of a water district, and BE IT FURTHER RESOLVED, that said Greater Ithaca Committee on Water Resources shall explore the possibility of setting up an intergovernmental administrative body to establish policies and rates ; may solicit engineering advice to determine suitable sources of raw water; may employ a technical staff to supervise the proceeding and distribution of the water; and BE IT ALSO RESOLVED, that the Greater Ithaca Committee on Water Resources shall report to its constituent members on progress in achieving its objectives by April 1, 1972. CARRIED. He then reported the Mayor Marcham of Village of Cayuga Heights had introduced the following resolution. "Resolved unanimously that this meeting recommends that the municipalities involved take steps leading to formation of a Water District to include the municipalities and this meeting urges formation of a Committee consisting of two elected representatives., from each municipality to secure this end." And further that the guidelines suggested to the Committee include: (a) Setting up an intermunicipal governing body for the district to establish policy and fix rates (b) Use of engineering advice to decide on the appropriate source or sources of water (c) Employment of a common technical staff to operate the plant or plants of the district (9) March 1, 1972 (d) A report to this meeting within 30 days. Mayor Conley announced the City would be represented by Alderman Schmidt and himself. PETER MALISON APPOINTMENT: By Alderman Gutenberger: . Seconded by Alderman Saccucci. RESOLVED, that Peter Malisbn be and is hereby transferred from the WtLter & Sewer Division to the On-StreetParking Division of the Ithaca Police Department, as a Parking Meter Serviceman , at an annual salary of $7,299, the minimum of the grade for that position, effective with the payroll period commencing March 5, 1972. CARRIED. ACTING CITY JUDGE: Alderman Robinson recommended adoption of a Local Law amending the City Court Act dealing with the..powers and duties of the Acting City Judge. His recommendation was referred to the City Attorney and Charter & Ordinance Comittee for preparation and submission of a final draft of a proposed law to, .o.gt'upon. EXECUTIVE SESSION: By Alderman Slattery: Seconded by Aldermet; Barber. RESOLVED, that the regular meeting be adjourned; and that the' Council be convened in Executive Session to discuss the salary status of Jon Meigs , James Herson, Charles Tuckerman, Gerald Sanford, and the request for a leave-of-absence for Mrs. Hilda Hut- son.Mayor Conley called the meeting to order in Executive Session at 11:45 P.M. and L� after scene discussion the following actions were taken: By Alderman Robinson: Seconded by Alderman Gutenberger. RESOLVED, that the Human Services Committee and the Planning & Dever. pment. Committee of the Council be requested to meet with the'-Planning Board and discuss the qualifi- cations of Mr, Meigs as Planning Director and report back to this Council. CARRIED. By Alderman Robinson: Seconded by Alderman Schmidt. RESOLVED, that the 1972 salaries of Mr. James M. Hersori, Chief of Police, Charles Tuckerman, Deputy Fire Chief, and Gerald Sanford, Assistant Fire Chief, be adjusted as follows- James M. Herson - $15,304.00 : Charles Tuckerman - $12,141.00: and Gerald Sanford - $11,723.00. AND BE IT FURTHER RESOLVED, that these adjustments become effective on March 6, 1972; and that they be granted on the condition that if either of them shall not pass his examination or if someone else should be chosen for appointment to their respective positions then their salary shall revert to its present status. CARRIED. By Commissioner`Jones: Seconded by Commissioner Spano. RESOLVED, that a'leave-of-absence without pay be granted to Mrs. Hilda Hutson for a period of three months effective as of January 10, 172 ; and that it shall be sub- ject to review at the end of this time. CARRIED. On motion the meeting in Executive Session was adjourned at 12:45 P.M. Geo. A. Blean City Clerk Edward J. Conley Mayor -a -na COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. Regular Feting 7:30 P.M. April, 5, 1972 PRESENT: Mayor - Conley Aldermen (13) Slattery, Gutenberger, Schmidt, Rundle, Spano, NiQhols, Boronkay, Jones , ABSENT: Spencer, Henderson, Saccucci , Barber, Robinson. Alderman _ Meyer OTHERS PRESENT: Atto�;;e - Gersh Deputyief - Tuckerman, and Asst. Chief Reeves Commissioner of Public Works - Golder Director of Planning - Meiga - Supt. of Public Works - Dingman Controller - Russell Asst. Superintendent - Hannan Asst. Controller - Spano City Engineer - Schlieder City Clerk - Blean Building Commissioner - Jones Deputy Clerk - Grey Deputy Building Commissioner - Boda All those present stood and were led by the Mayor in a pledge of allegiance to the American Flag. MINUTES: The minutes of the last meeting were corrected as follows : N. Meadow Street reAoning - The vote on this matter was corrected to indicate that Alderman Robinson voted in the negative rather than Alderman, Jones as stated. Absent;Alderman Anderson corrected to read Alderman Henderson. The minutes as recorded by the Clerk were then approved with these correcttans. PUBLIC HEARING - ZONING MAP AMENDYMT: Mayor Conley opened a public hearing advertised for this time to hear anyone interested in a proposal to amend the Zoning Map as- follows: "Rezone the properties facing on the west side of N. Meadow Street in that portion of the 300 block and the 400 and 500 blocks, not now included in a B-4 zone, from a B-1 to a B-4 zone." The Clerk reported that all property owners in the area affected by the change had been notified of the hearing and in addition the Tompkins County Planning Director had been advised of the proposed change. He read a letter from the County Planning Director exprei sing his opinion that such a change was inappropriate because it would permit such additi� al predictable uses which would significantly increase the entrance and exit traffic other than at controlled intersections . He pointed out that as more and more entrances and exits are created along this street the carrying capacity of the street, its efficiency, and its safety would be greatly reduced. No one appeared in opposition. David A. S aperstone spoke briefly in support of the change. Mayor Conley advised the Aldermen that if the change was approved, he would probably veto it. By Alderman Robinson: Seconded by Alderman Jones. RESOLVED, that the hearing be closed. CARRIED. By Alderman Boronkay: Seconded by Alderman Rundle. WHEREAS, a petition filed with the Common Council, requesting the Zoning Map be amended to rezone a portion of the west side of N. Meadow Street, has been approved by the Plan- ning Board; and a public hearing thereon has been held by the Common Council on this 5th day of April 19725 NOW THEREFORE BE IT RESOLVED, that the Zoning Map of the City of Ithaca be and it hereby is amended as follows: Rezone the properties facing on the west side on North Meadow Street in that portion �y�vz�i r ,cJ7' of the 300 block and the 400 and 500 blocks, not now included in a B-4 zone, from_a 1 to a B-4 zone. Effective upon publication. AYES: 7 - Gutenberger, Rundle, Spano, Boronkay, Spencer, Saccucci, Barber NAYS: 6 - Slattery, Schmidt, Nichols,_Jones_ , Robinson. Moti on CARRIED. PHINNEAS REEVES, SALARY: The Clerk read a letter from the Board of Fire Commissioners re: garding disparity caused by Council's recent action taken to grant a salary increase to Asst. Fire Chief Gerald Sanford. It concurred with the Council's action and recommended that the Asst. Chief Reeves receive the same compensation, retroactive to the date of Coun- cil's action. Alderman Rundle reported the Finance Committee was giving this matter its attention and would report thereon at a later date. NO. 7 FIRE STATION: The Clerk read a letter from the Board of Fire Ccimmissioners request- ing approval of spending $1,000.00 from the Capital. Budget for a feasibility study and budget estimate of the repair or replacement of the shed-type backend of No. 7, Fire Sta- tion. 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Q r i rii "t3 al W d Cd co cd C!] Cd T3 O Fa O co H td Q U Fr' O a,' CJ] r 1 co N O r i r I O •rl C(] cd ri -ice O +� P: cd cd a3 Fi td P: O 4 (n x �H a) +D +� tti (n Fi N O Fi F a F� F♦ F 1 Fi tu1 Fi Fa to O (H O 0 -5 P +P N . N 4-) (1) CD H +" a) a) a) U O P 10 4-' O a) a) a) O C3 p •ri 3 N � r i cd +> 4-1 a) V) .� 4.3 � +3 � ri a) (ll Fa F+ i-� N ri a) •ri O •ri O td cd •rl Q) +� ,(d m rl •ri r-i N +) Q) c� Pi U CJ] CI) U A P, - co 0 pq O y P, = P- � O V1 � � U P-r co O C/) 0 CC�I N C\l OM M � O Ln u � UN Fw r-i m FA O 4-I a) (2) April 5, 1972 By Alderman Rundle : Seconded by Alderman Jones. ViHEREAS, the Deputy Fire Chief has satisfied the requirements of the Common Council's resolution, dated March 1, 1972, by providing beginning and completion dates and estimated costs of the Capital Project known as "No. 7 Fire Station Repair Plans", NOW THEREFORE BE IT RESOLVED, that the City Controller be and is hereby directed to re- lease said funds and the project be authorized to proceed as planned. CARRIED. JAMES DUNSTON RESIGNATION: The Clerk read a letter from James Danston tendering his resig- netion as a member of both the Housing Board of Review and the Mayor's Citizen's Advisory Committee. JEROME B. HOLLAND APPOINTMENT. Mayor Conley announced his appointment of Jerome B. Holland as a member of the Housing Board of Review for the term ending Dec. 31, 1974 to fill the va- cancy caused by Mr. Dunston's resignation. He announced his appointment of Mr. Holland also as a member of the Mayor's Citizen's Advisory Committee for the term ending Dec. 31, 1973 to fill the vacancy on this Committee. STEPHANIE CORINA RESIGNATIONI: The Clerk read a letter from Ms. Stephanie A. Corina tender- ing her resignation from the Environmental Commission. Mayor Conley announced his appointment of James G. Miller, 401,,Turner Place,.;to fill the L;J vaomey on-t"t si on.'11" By Alderman S dt: Seconded by Alderman Nichols. RESOLVED, that the=Mayor's appointment of James G. Miller asia member of the Environmental Commission for the term ending Dec, 31, 1972, be' approved and confirmed. CARRIED. DONALD D. TOMPKINS APPOINTMENT: The Clerk advised that Mr. John Penny, a member of the Nar- cotics Council, had left',Ithaca which created a vacancy for the term ending Dec. 31, 1973. Mayor Conley recommended-the appointment of ,Donald D. Tompkins to fill such vacancy. By Alderman Slattery: Seconded by Alderman-Nichols. RESOLVED, that Donald D. Tompkins be appointed as a member of the Narcotics Council for the term ending Dec. 31, 1973 to fill the existing vacancy. Carried. JONATHAN MEIGS APPOINTMENT: The Clerk read a letter from the Planning Board requesting approval of its provisional appointment of Jonathan Meigs as Planning Director at an annual salary of $12,803.00', effective February 18, 1972. �9 By Alderman Jones: ' Seconded by Alderman Spencer. RESOLVED, that the Council approves the Planning Board's provisional appointment of Jon- athan Meigs as Director of Planning at an annual salary of $12,6$3.00, effective Feb. 18, 1972 or the payroll period ending closest to this date. Alderman Rundle reported the Finance Committee was split on whether to grant the requested increase over the minimum for this position. Alderman Schmidt advised the Planning Board felt he should have the increase because he had assumed all the responsibilities of Direc- tor since Jan. 1st and should therefore be entitled to the 4% across-the-board granted to all others on the Executive Payroll. After some further discussion a vote on the foregoing resolution resulted as follows: AYES: 10 NAYS: 3 - Robinson, Slattery, Rundle. Motion CARRIED. REAPPORTIONMENT: The Clerk read a letter from Tompkins County Board of Representatives inviting the Mayor and members of the Council to be present at 7:30 P.M. on April 20, 1972* at Tompkins County Court House to hear the report of Tompkins County Reapportionment Commit- tee. HISTORIC ITHACA: The Clerk read a letter from Historic Ithaca, commending the Council for its establishment of the Landmarks Preservation Commission and its subsequent designation of the DeWitt Park Historic site. CAPITAL IMPROVEMENTS SCHEDULE: ' The' Clerk presented and .distributed copies of the Super- intendent's 'tentative schedule for construction of projects to be funded by the 1972 budget giving a breakdown between labor and materials and showing the anticipated dates of starting and completion of the various projects included therein. The Superintendent twequested approval of the schedule in order to prevent any delay in implementing this year's work.. (Copy of Schedule attached to minutes. ) By Alderman Jones : Seconded by Alderman Boronkay. RESOLVED, that the Capital Budget for 1972 as originally presented to the Council at its meeting, dated March 1, 1972, be and it hereby is approved. CARRIED. By Alderman Jones : Seconded by Alderman Boronkay. C3) April 5. 1972 RESOLVED, that the Superintendent's schedule of projects, $bowing fireakdw^v 4# #eeLwested by Council and dated March 31, 1972, be accepted and appvgied, by the Council; out that tun& r therefor be released as requested. CARRIED. WEINER MOBILE HOME PARK: Fred Weinstein, Attorney for Reuben Weiner, appee e4 prgeentlag petitions endorsing Dr. Weinerl's mobile home park. proposal and urging oppro of an or dinance to permit approval of his proposal. They contained an eetilp�ted`29OQQ signatures of which 2,000 or 93% were residents of the City. H ,E asked that the referred to the Charter & Ordinance Committee for its information. 13y Alderme=n Boronkay' : Seconded'by Alderman Jones. RESOLVED, that the petitions be received and referred to the Charter & Ordinance Cc�anmitto CARRIED. ' �x WA�T91R MQ TORI,UM Wor 0=Xgy advised he was spot going to ask Council to lift the water moratorium at this time,but that he intended-to"`oal�.--s.-sPe+r, 4 meeting in the rear future for suc2 purpose. In the meantime, he urged Council to trese i the Bbarc of Public Works and have the answers'' to all related pro, a prior t sp e�te . . Al.det t S1att sy presented a list of questions.:. or-answer. a& .fQ l0W$ ` 1. Pat Hannan .indicates that .1.8 MGD is unaccounted water usage. Is this a normal feature of the operations? " 2 Nr a tt ....., ,;�. ` PC emrseRus, Wh" " ,�� �!�"� t+�4 � �� water' Pr_� vw-�.,...... assume could be recovered or saved to seq. ?+ 3. What figure may we use in calculating the ,everage gallon per day per coon .e P� la water? How #a t2la figre e:o ¢' ' t ;rYCiude: fn# i�;. eater, water ps d for washing streets? Use for fires anii a 10ider End e a c tj,oa date of June 1974 for the town system. Do u i gore of 12x6 1n3ereaas in the City water rate or Glenn S .t�," ; estimate of 41% increase? What is the Boird"of`Pubjiic Works estima4e 4�r ucxcwg? 5 Why is it not possible to use a water supply from Bolton Point in our city systems? Why should we go to the Inlert if the other towns and village will have their own suPPiY -in--2, 6r­3 yeexeY Now can tre "e 1X* *iP4L co #� to the Water Resources 'commission by going alone to the Inlet? I "'-. 7. What will it cost to-amortize the funds ne=cessary to develope the Inlet supply? ICUTIVE CQJWT=:Ma or Conley appointed a special Committee to 'Ve mom as the utive Committee to consist of the fell+oYing members of Council: Glen H. Schmidt, Chairman, Joseph Rundle, Michael Robinson, Mrs. Anne Jones, Mrs. Nancy..Meyer, John Gutenloerger, Donald Slattery, Mrs, Ethel. Nichols. He charged the,,Committee with the responsibility of taking a look at the present xey,4 •I services being provided by the City with the idea of cutting costs if possible, A4A,. OAS' CON PENCE: Mayor Conley announced the Mayors' Conference would be held this year at the Concord Hotel from June 4 to June 8 end suMgted that any member asf Council win g_ to attend should contact either the Controller or;himself., - �' ANBtt1 MOM: DPW; The Clerk reported receipt of the annual report of the Department of Public Works for the year 1971. Alderman Boroakay: Seconded by Alderman Jones, OL i., that the report be reo,ved and ordered filed. CARRIED. FIRS pEPART'MENT: The Clerk presented and distributed report o e Fire = copies o#' the au .p1 par nt far 1971. By Alderman Boronkay: Seconded by Alderman Jones. MOLVED, that the .report be received and ordered filed. CARRIED. AN AL REPO VO � e Clerk reported receipt of flies assn report a Veteran Fi em�en � Assde at op or `tile year 1971 and? it was likmwlse -.. received and ordered filed. w EY 4D : Attorney Gersh !reported tva Froce:edings against tho City bed 4 een filad 'Job PEU and that one for discrimination in/employme it'bad been filed with NXS Human;Right Commission He ge tad that the Hangar PbWfair matter had been concluded, that tbe ai omto d%We exceeded that in the escrow account, and that the escrow account'had been closed out. ", �; 'b. # sell ar ..��.... nil gnatf as t7lty ec7rito�3 ,c bS,c- t + 'fie'MAY 5 19 2. • 4...1~ O April 5, 1972 FLORAL AVENUE - SALE OF PROPERTY: Alderman Spano reported the Board of Public Works had recommended that the Council make a parcel of city-owned land, adjacent to 441 Floral Ave. , avail•:bl� for se.i Alderman Schmidt reported the Planning Board was not in favor of sel- ling the property at this time or until such time as the Board furnish the Council with a - - list of all properties owned by the City which could be made available for sale. Engineer Schlieder reviewed his efforts to complete such a list. He indicated that an incomplete list was available now but that. it would take the balance of this year or longer perhaps to have it completed in its final form for presentation. It was moved by Alderman Saccucci and seconded by-Alderman Robinson that the property on Floral Avenue be made available for sale: Attorney Gersh suggested that it would be wise to have the' property appraised in order to establish a fair market value. The foregoing motion was withdrawn, By Alderman Boronkay: Seconded by Alderman Barber: RESOLVED, that the matter be referred to the City Attorney to secure an appraisal of the property 'and report .back to the Council at a later date. CARRIED. CODE AMENDMENT NO. 3-1972: Alderman Spano w.reported twat several='9A-clay.`e ,xgency~;.traffic regulations which had been in effect had proved to be satisfactory and that the Board of Public Works had recommended amendments to the traffic ordinance which woulc .make these regulations permanent. They were acted upon as follows: i By Alderman Spano: Seconded by Alderman Barber. BE IT ORDAINED by the Common Council of the City of Ithaca, New York, a6d•i.t-3rere-by is' . ordained by .authority.of the same as follows: (1) That Chapter 15 , Article 1V, Section 15-79, Speed laws applicable, of the traffic ordinance be amended as follows: (b) Speed limits. Delete: : Elmira Road: South City line to S. Meadow Street, forly: (40) miles per hour. (2) That Chapter 15, Article V, Section 15-124-. Alternate side .a 1 ' _a street ;parking prohibited, 'of the traffic ordinance be amended as follows SCHEDULE A Paik�ing permitted 'on: Between: Delete: Turner Place Spencer St, to Iffillview Place Insert: Turner Place East side, from Spencer St. to Columbia Street. Delete the wards "Parking permitted on: Between" in middle of this' section on page 400.1. "- SCHEDULE B Delete: Turner Place 500 block Insert; Turner Place East side, from Columbia Street to Hill- view Place, and 500 block. (3) That Chapter 15, Article 1X, Section 15-180, Parking prohibited at all times on certain streets, of the traffic ordinance be amended as follows: Insert: Elm Street, southeast side, from Chestnut Street northeasterly to north property line of 219 Elm Street. (4) That Chapter 15 , Article 1X, Section 15-182, Parking prohibited during certain hours on certain streets, of the traffic ordinance be amended as follows: TWO HOUR PARKING Insert: Turner Place, east side, from Columbia Street to Hillview Place 8:00 A.M. to 4:00 P.M. Insert: West Seneca Street, both sides, from Albany Street to Plain Street 8:00 A.M. to 4:00 P.M. NO PARKING 9:00 A.M. TO 6:00 P.M. 91 MONDAY THROUGH FRIDAY Inert: . Oxford Place, southside, from Delaware Avenue to Bryant Avenue. Insert: NO PARKING 8:00 A.M. TO 6,:00 P.M. Park Street, north side, from Plain Street to Albany Street, South Plain Street,, east side,` frown Wood Street to Elmira Road. Effective upon publication. AYES: 13 NAYS: 0 CARRI•ED and approved, HAROLD JOHNSON'S SALARY: The Superintendent presented and rev$eved a tecommendation of the Board of Public Works that the salary of Harold Johnson, 'a'motor equipa*nt operator, be increased from $3.60 to $4.12 per hour, effective April 9th. He advised that Mr. Johnson had 16 year's experience in handling heavy ey,uipment in of er municipalities and urged, approval of the increase. By Alderman Rundle: Seconded by A1de'rman�Barber. ` ' (5) April 5 , 1972 RESOLVED, that the salary of Harold Johnson be increased from $3.60. to $4'.12 per hour; effective April 9, 1972 as recomniended,by the Board of Publio Works and the Superintendent.' AYES: 11 NAYS: 2 - Robinson, Slattery. CARRIED. ALTERNATE WATER SUPPLY FUNDS; The Superintendent reviewed the need for the release of funds with which_ to pay for engineering fees. incurred in connection w'ith, the. alternate water sapply from the Inlet. By Alderman Rundle: Seconded by Alderman Jones . RESOLVED, that sufficient funds in the Alternate Raw Water Supply Capital Account be re- . ,. leased to pay existing obligations for engineering services, During a discussion, concern was expressed about the amount of money needed to be released'` and the motion was withdrawn when the Superintendent indicated that there was no immediate need of the funds. He promised to advise the Council at a later date of the amount involved. WARNER, BURNS, TORN & LUNDE PAYMENT: By Alderman Rundle: Seconded by Alderman, Jones. RESOLVED, that an invoice., dated March 10, 1972 and payable to Warner, Burns, Toan & .Lunde in 'the total net amount of $1,579.26 for archetictural services on the E. Green Street - Parking Ramp be approved for payment. CARRIED. CITY-COURT BUDGET AMENDMENT: By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the General Fund tentative Budget be amended by adding $150.00 to.Account .. #A-1110-220 - City Court - Office Equipment to provide funds for the purchase of a Cassette Tape"Recorder.,,and BE IT�, FURTHER RESOLVED, that the tape recorder presently in use in City Court be transferred to the Common Council Chamber for use by the Common Council. CARRIED. :MICROPHONES - COUNCIL CHAMBERS: By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED, ;that 5 5.0 be transferred from Account #A-1620A Building - City Hall, 419 - Property Maintenance to 250 - Other Equipment to provide funds for the Sound System. CARRIED, MRS ANNE PARKE - LEAVE-OFwABSENCE: Alderman Rundle read. a letter' from the''City Chamber-, lain requesting a maternity;,leave-of-absence from Mrs . Anne Parke for a period. of three months, effective May 1, 1972: By Alderman. Rundle : Seconde4 by Alderman Slattery, RESOLVED, that Mrs. Anne Parke , An account clerk in the Chamberlain's office Abe granted a three..month's..maternity,.leave*of-absences without pay, effective .Nlay 1, 1972• CARRIED. BIDS - IgE RESURFACER: By Alderman Rundle. Seconded by Alderman Schmidt. RESOLVE , t att the Superintendent of Public Works be. ;and,is hereby authorized to prepare speclfiea ions and advertise_, for bids for .bn ice resurfacer for use at the Cass Park Ice Skating Rink and that upou approval of an acceptable bid, its acquisition be charged, to the Cass Park Project, CARRIED. AUDIT: By-.Ajdermatn R=dle: Seconded by Alderman Jones. RESOLVED, that the.;bi11s audited and approved by the Finance Committee in the total amount of $128,256.7$, as listed on audit abstract #3-1972,be approved for payment. CARRIED, ACTING CITY JUDGE-. , , Alderman Robinson reported that Local Law #3-1969 amended Section 9-4 of the Charter, as codified, relating to the powers and duties of the Acting City Judge but that in its codification and printing to bring the charter up to date the word "or" had been omitted from, the sentence,, ----when so directed by the City Judge or in case of the sickness , etc. ,----. He advised this matter was ,being corrected and would be reflected in the next supplement to the charter, SNOWMOBILE ORDINANCE: Alderman Robinson reported on a final draft of a proposed snowmobi] ordinance, He. ndieated some last minute changes needed further investigation however. DOG ORDINANCE: Attorney Gersh reported progress on a revision of the present dog ordinance indicating that some administrati veproceedures still had to be worked out relating to the issuance of appearance tickets, etc. WORKABLE PROGRAM: By Alderman Robinson: Seconded by Alderman Schmidt. RESOLVED, that the Planning Director be authorized and directed to write a letter to the Department of Housing & Urban Development , advising that the City has taken its recommend- ations contained in a letter, dated January 20, 1972 , regarding the city's workable program under advisement; and that the City is undertaking corrective steps to have its Code of Ordinance updated in accordance with these recommendations CARRIER. (6) April 5 , 1972 FIRE PREVENTION CODE: The latest edition of the Fire Prevention Code was referred to the Charter & Ordinance Committee for review and report. RECREATION PROJECT FOR-THE ELDERLY: Alderman Nichols- presented an application for submis- sion to the State Adult Recreation Council and Commissioner of Education for approval of a recreation program for the elderly people from April 1, 1972 to-March 31,1973, sponsored by the Tompkins County Senior Citizens ' Council, Inc, She reported it has been prepared by the Senior Citizens' Council and showed the ,City's share which amounted to $1,612.00 subject to state reimbursement at the rate of 50% which would make a net, contribution by the City of $806,00, By Alderman Nichols ; Seconded by Alderman Slattery. RESOLVED, that the budget as presented in the,total gross amount of $1,612.00 as the City's share of the. cost of providing recreation for ,the elderly for the period from April 1, 1972 to March 31, 1973 be approved; and the Mayor be authorized to sign.- axed execute it on be- half of the City, under its Corporate Seal, and submit ,it to New York State. Adult Recrea- tion Council, Albany, New York for its approval. CARRIED-. Alderman Nichols then presented an agreement between .the City and Tompkins County Senior Citizens ' Council, Inc. , providing for the operation of the program on a contractual basis. , She- advised that it was similar to the agreement in effect .during the past several years �• and recommended its approval. By Alderman Nichols : Seconded by Alderman Spano. O RESOLVED, that the agreement as presented be approved; and that the Mayor be authorized to -sign and execute it on behalf of the City, under its Corporate Seal., CARRIED. GRIEVANCES: Alderman Nichols reported that grievances filed by CSEA on behalf of three City employees were being reviewed with CSEA representatives but required no action at this time. . STEWART PARK PARKING FEES: Alderman Nichols presented and reviewed a proposal to provide for a charge for parking cars in Stewart Park which she felt was legal and justifiable. She advised it was presently being considered by the. Board of Public Works. PARKS, & RECREATION COMMISSION: Alderman Slattery suggested -that the time was approaching when it seemed wise to conder the establishment of a Parks& Recreation Commission. He advised he had talked with County representatives .about this matter with a view to asking the County to share in the costs of operation of Cass, Park recreation center which will cater to County as well as City residents , HOUSING AUTHORITY REPORT: Alderman Nichols advised the mousing project on Hancock was al- most ready for occupancy except for muddy grounds but that the high-rise on Titus Flats had been delayed with occupancy now scheduled. for June. TRAFFIC STUDY: Alderman Jones called attention to a traffic study, dated March 1, 1972, prepared by Mr. ,Dingman, Acting Traffic Engineer, dealing with problems involved in the proposed closing of the 100 block of S. Tioga Street to vehicular traffic. CAPITAL IMPROVEMENTS REVIEW COMMITTEE: Mayor Conley recommended the appointment . of members of„the Capital Improvements Review Committee prior to June lst so that the Committee could start its work earlier than usual. It was pointed out that representatives from the Plan- ning Board and the Board of Public Works are appointed on recommendations of these respec- tive Boards . By Alderman Robinson: Seconded by Alderman Slattery. RESOLVED, that Aldermen Jones and Schmidt be designated as the Council's representatives on the Capital Improvements Review Committee, effective June 1, 1972, CARRIED. DEPARTMENT OF DEVELOPMENT: Alderman Jones suggested the possible creation of a Department of Development and advised she was going to meet with the Charter & Ordinance Committee to discuss the matter in detail. RTE. #13 TRAFFIC SIGNS: Objections were voiced by Alderman •Boronkay to the no-left turn ✓ signs on Rte. #13 at the entrance to Weston's Shopping Center. He felt they were confusing to the motoring public and therefore created a hazard. The Superintendent advised these signs had been posted by N. Y. State Department of Transportation. By Aldermgn'Boronkay: Seconded by Alderman Robinson. RESOLVED, that the Planning Board be requested to make a study of the existing situation and report its findings thereon to the Council. CARRIED. On mgtion the meet* g was adjourned at 7:10 P.M. Geo, A. Blean, City Clerk CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. . April 19, 1972 PRESENT; riy-Fr-- Conley Aldermen (14) - Gutenberger, Schmidt, Rundle, Spano, Nichols, Meyer, Boronkay, Jones, Spencer, Henderson, Saccucci, Barber, Robinson, Slattery -OTHERS PRESENT: BP W Commissioners (3) - Clynes, Ewanicki, Golder Asst. Fire Chief - Reeves Attcrney - Gersh Planning Director - Meigs Strpt, of Public Works - Dingman Building Corrrnissioner - Jones Assistant Supt. - Hannan Chief of Police - Herson City Engineer - Schlieder ` Controller - Russell Deputy Fire Chief -- Tuckerman City Clerk - Blean All those present stood and were led in a pledge of allegiance to the American Flag, Mayor Conley announced he had called this special meeting primarily to discuss the matter of lifting. the present water moratorium. Four other items including East Green Street parking lot, the City's workable program, Public Safety Committee's report and Charter & Ordinance Committee's report were listed on the agenda also. WATER MORATORIG!M: Mr. Harold S. Goldsmith, Administrator for Lakeside Nursing Home at 1229 Trumansburg Road, appealed for water to supply expanding facilities at the nursing home. He felt lack of such service would prevent starting of the construction on June 1, 1972, as planned. D, Boardman Lee spoke and urged consolidation of the City, Town of Ithaca and Village of Cayuga Heights as the logical approach to solving the water problem. He felt the City should have an adequate supply of its own, that Cornell's source was doubtful, and that the Inlet was the best source for an additional supply. He urged the moratorium be not lifted at this time but that all three municipalites should get together to work out the problem in a manner satisfactory to all concerned. Hunna Johns, former Mayor, felt the moratorium should be lifted to provide for expansion in the surrounding areas but that the Inlet was the best source for an-.additional supply and should be implemented immediately. William .1. ker, a developer on Coddington Road in the Town of Ithaca, indicated he had started work on elevem houses and asked for service to his development. William Polene asked for service to his home being built in Cayuga Heights. Walter Schwan, Supervisor of he Tow,i of Ithaca, explained the To%m of Ithaca's position and its decision to join with other areas outside the City-to go to Bolton Point on Cayuga Lake for an intermunicipal water supply. He advised an -applicatacG had been filed with New York State Water Resources Commission for permil.sion to take water from the lake at this point for such purpose. He asked that the City continue to furnish the Town with water for the next two years during the construction period. Alderman- Schmidt presented and reviewed his position paper entitled "Rationale for Lifting Water Moratorium" (copy attached to minutes) Mr. Hannan, Assistant Supt. of Public Works, presented and read his statement relating to the .matter. (copy attached to minutes) After considerable discussion and upon request by the Aldermen the Mayor declared a recess 't 9:10 p.m. Mayor Conley reconvened the meeting at 9:2S p.m. and Alderman Slattery presented a resolution armed at lifting the moratorium. It was seconded by Alderman Schmidt. A lengthy discussion ensued during which several changes and amendments were discussed and agreed upoA. Aldermen Rtandle, Spencer, and Saccucci expressed opposition to lifting the moratorium at this time and their support of the Board's position in the matter. Alderman Robinson felt the City had an obligation to lift the moratorium and find another source of supply through municipal co-operation with area municipalities. He felt there was no readon why the City could not continue to honor its commitments to surrounding areas even if it had to practice' certain economies in water preservation or call upon the back-up supply promised by Cornell in times of need. Another recess was declared at 10:13 p.m. to redraft a final resolution to include changes„, and amendments agreed upon. , Mayor Conley again reconvened the meeting at 10:20 p.m. and. the following action was taker. By Alderman Slattery: seconded by Alderman Schmidt WHEREAS, the Board of Public Works has declared, a water moratorium on extending water services outside the City, and WHEREAS, the Beard's decision, on this matter has been reviewed by the Common Council; and the Council, after giving due consideration to all available relevant facts and data con- cerning this matter, has determined that the present water supply is adequate to supply ovatside municipalities in addition to supplying inhabitants of the City of Ithaca, and t -2- ApriL..14. 1972 W11-IE EAS,. dij ng the time of low flow periods,,; it 'is the intent of the Mayor and the`'Connon Council' in conjunction with the'96AT' d of P`ulic Works, to do everything within their power to conserve'-Water• by 'a.dopt I.n'g measures`'•§uch. as; a. ' Washing streets with raw water. - b. Flushing fire hydrants with other than treated water. C. Flushing sewer mains with raw water. d. Conserving water in the operation of the Filtration Plant. e. Requesting the public to conserve water. AND WHEREAS, 'ihi•s Cot ridh Coun'cf11.:!fd6 �nizes­the need for an intermunicipal approach to the solution of long term water needs of the. Greater Ithaca Area, NOW THEREFORE BE IT RESOLVED, that th`6 Commori''Council' hereby authorizes and directs the Board of Public Works to construct immediately an interconnector at the Jessup Road parking lot at CoI,lell University, and %`,(':. BE IT FURTHER RESOLVED, that the Board of Public 111orks ishereby authorized and directed to remove ,immediately the water moratorium to We Towns of Ithaca, Dryden, Lansing and the Vil,lage''of Cayuga Heights; and further that :the Board be directed to issue new water permits to`-.the above-named municipalities -for up to 475 dwelling units each year for three years. �p A roll 'call vote was taken which resulted as follows C) W AYES:, 5 - Schmidt, Meyer, Jones, Robinson;, Slattery NAYS-'",9 - Gutenberger, Rundle, Spano, Nichols': Boronkay, Spencer, Henderson, Saccucci, Barber �: Motion Defeated. Alderman Robinson requested the minutes reflect his remarks made when he voted. He said "Under.° lie strongest protest of what I consider another legislative capitulation, I vote yes. Alderman Slattery expressed his disappointment in the defeat of the resolution aimed at lifting the water moratorium,* He expressed his thanks, on behalf of the Intergovernmental Committee, to all-.tbose` inVokved in the many meetings and time devoted to 'discussion of the matter. including -t96' MMa.yor, Department of Public Works and Board of Public':Works, Ad-hoc Committee, each individu'VAlderman, Mr. Bumstead, and Mr. Shulte from State Department of Health', tier'. Herman" film-`Gounty�health 'Department and 'tembers of the'news media. w EAST GREEN STREET (WOOLWORTH'S) PARKING LOT: Alderman Jones advised that the UDC office in New Yo-rK had no objection to. returning title to the City to that portion of the Woolworth parking lot which had been deeded 'to, it by the City in earlier negotiations for the con- struction of a parking ramp structure. By Alderman Jones: seconded by Alderman Boronkay is RESOLVED, that the City Attorney be authorized and directed to writetto Mr. Kenneth McLaughlin, Real Estate Officer for UDC, and negotiate for the purchase of the East Green Street portion. of the Woolworth parking lot by the City for a price of not to exceed $1.00 Carried WORKABLE PROGRAD1: Action was taken to amend the City's codes in relation to recertification of the City's kable Program in accordance with recommendations oti1e Department of Housing; & Urban .Development contained in its letter, dated January 2b, 1972, :a:s. t6_1 on' By. Alderman Robin'so`n' seconded by Alderman 'ernes ' PE80LVE6, than the Common Council of the Cii 'Ibf 'Itha'ca hereby ratifies and confirms that ' 'the City has adopted and' is using the designated editions of the following codes: 1964 NYS Building Construction Code 1968 NFPA National Electrical Code 1970 AIA Fire Protection Code , , , AND mi l` 5. FURTI4ER RESOLVED,' that the City shall 'continue to adopt and use the most current edit" taaf the foregoing codes as published; superceeding prior editions which shall be de'ebsolete, and it is further RE'(dikD - that the HUD Workable Program Recertification application submitted by the City be amended in arccb'rdance with the foregoing. 7.77' Carried 198 -37 April 19, 1974 CODE -4ME1',-1Di--1P,?iT #4r1974.- -. '3y Aldornan Rob 4-,,Son secondod by Alderman Jbne4 �ylXommon Council of the City of Ithaca ­ York,, and It h'r e;Common New e eby is ordained by authority of tho samo as follows: (1). That Chapter 13-A, Part 2, Section 13A-202, Occupancy Clastiflcatioii of Buildings, of the 1440del Housing Code of the City of Ithaca (Chapter 13 Section 13-12 as codified) be amended as follows: One- aqd two-family dwellings Delete : less than four lodgers Insert: four or less lodgers (2) .. ,, T1�at Chapter 13-1`., Part 2, Section 13A-205-1b, Habitable Space - Size of the Model Housing Code of the City of Ithaca (Chapter 13, Section 13-15 (,1) (b) as codified) be amended as follows:: - -Delete: one habitable rbom having a minimum of 150 squ,are feet of floor area ..q Insert: 150 square feet of habitable space (3)., :T.hat chapter 13-A, Part 5, Section l3A'SG2-Sa,,, Plumbing Facilities, of the. klOdpj; Housing Code of the City of Ithaca (Chaptari 1-3, Section 13-32 (5) (a) a$' , , codified) be amended as follows: Delete: from 6:00 a.m. to midnight (4). That Chapter 13-A, Part S,. Section 13A-504-1bot Heating . General Requirements, of the Model Housing Code of the City of Ithaca (CaPpater 13, Secti(m 13-34 (1)e-Q) as codified) be amended as follows: Delete: from 6:00 a.m. to 11:00 P.M. That Chapter 13-C, Part 2, Section 13C-202,, Powers & D414,es., of the Model , Hous�ing Code of the City -of Ithaca (Chapter 13, Section 13-89"(d) (4); as codified)• be, amended as follows: (c) (4) Delete: Insert: and to issue Appearance tickets ordering any. party to , appear in the City, Coukt of thb City of Ithaca for any non,-compliance liance with this Chapter., (6). That Chapter 13-C,' Part• 2,, Section 13C-203, Inspettibn, of the Model'.Housing Code of the City of Ithaca (Chapter 13, Section 13-90 (b)I as i tbdift ed) be. amended as fqllows (b) Insert after existing provision: In the event of refusal,pr failure to provide such access as herein provided, a'wArrant--vwy--b;r-­i"upd by, the City Judge and/or an Appearhnce Ticket may be issuei'b'y,,,thp Office of • , the` Building Commissioner. (7). That Chapter 13-C, Part 3, Section 13C-302, Responsibilitiei,o'liLod Lodging g House Operators, of the Model Housing 'Code of the City of Ithaca (Ch;ip A3.- Section13-99 (b) as codified) be amended as follows: (b) Delete: ! Insert: including changing of bed linens at least weekly; Effective upon publication. 7, AYES,: .14 NAYS.:. V tartied and ap&pyed,by,.Mayor. ACODS REVIEW COW1IT7EE:- By Alderman Robinson: seconded by Ald6rman Nichols' RESOLVE-0 t at _th0;-,_P:7anning Director be authorized and directed A b t6' notify Now York State Department of Housing & Urban Development that the City is re-organizing its Housing Codes Review Committee to conform with recommendations contained I in HUD' s Letter,, dated January 20, 1972, C BIDS POLICE VEHICLES: The Clerk reported that bids had been received on Apr Carried , i 01 17 th for jor, fiip thetPQRCFe;Oepartment with a new station wagon as follows: z"Type or '-fake Gross Bid fr� j d' e,_Ih Net Bid Cayuga Motors Sales Corp. Ford custom ranch wagon $3373.WT $2,173M Plus air econditioning unit 380.00 Total Net Bid Long's Motor Sales, Inc. Monterey Wagon $4537.86 $2025.56 $225I2.30 Plus air conditioning unit 430,00 Total Net Bid $2,942 Wm. T. Pritchard, Inc. Dodge Polara Wagon $3540.00 $3,540.00 Plus Air conditioning unit 326.55 Total Net B;d $30866.5� - April 19, 1972 The. Chief of Police recommended acceptance of the low bid. By Alderman Gutenberger: seconded by Alderman Saccucci WHEREAS, bids on a station Wagon to be used as a Police--Patrol Car; which were received by the City Clerk on April 17, 1972, have been reviewed by the Public Safety Committee of the Council, and WHEREAS, the, Chief e=' Police has recommended that the low bid submitted by Cayuga Motors Sales Corp. for one 1972 Ford Custom Ranch Wagon in the total amount of $2,553.00 be ac- cepted, NOW THEREFORE BE IT RESOLVED, that the recommendation of the Chief of Police be accepted and approved; and ,.that .a contract for furnis',,ing the City with one' 1972 Ford Custom parch Wagon in _the .net amount of $2,553.00 be awarded to Cayuga Motors Sales Corp. in accordance with the .terns ;Pfits ;bid as submitted;' and that the cost thereof be charged against the 1972 Police Department budget, Account A3120. Carried The Clerk reported that bids had been received also on April 17th for furnishing the Police Department with a now 3-wheel Cushman police vehicle as follows: Gross Bid Trade-In Net Bid Allen's Golf Car Sales $ Service - Syracuse, N.Y. $2100j00 $500.00- 1, 00.00 Grass Cutting Equip. & Supply - Vestal, N.Y. $2363.00 $200.00 $20163.00 The Chief of Police recommended acceptance of the loco bid. . � By Alderman Gutenberger: seconded by Alderman Saccucci �+ WHEREAS, bids on a 3-wheel truckster type motorcycle to be used as a motor service motorcycle by the Police Department, which were received by'the City Clerk on April, 17, 1972, 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 Allen's Golf Car.,SalesA Service for one 1972. 3-wheel Cushman Police Vehicle in the, total amount of $1,600.00 be accepted, NOW THEREFORE BE IT RESOLVED, that the recommendation of the Chief of-Police' be accepted and approved; and that a contract for furnishing the City with one 1972 3-wheel. Cushman Police Vehicle be and hereby is awarded to the Allen's Golf Car Sales & Service in the net amount of. $1,600.00 in accordance with the terms of its bid as submitted; and that the cost thereof be charged against the 1972 Police Department budget, Account A3120. s2- Carried CODE AMENDMENT #5-1972 SNOWMOBILE ORDINANCE: Alderman Robinson presented and read a proposed or finance governing the use of snowmobiles in the City and recommended its f adoption. AN ORDINANCE TO REGULATE AND RESTRICT THE OPERATION OF SNOWMOBILES ON PUBLIC STREETS, HIGHWAYS, AND PLACES IN THE CITY OF ITHACA. By Alderman Robinson: seconded by Alderman Barber 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 a new Chapter '24--,of the Ithaca Code of Ordinances be enacted to read as follows: CHAPTER 24 : SNOt"T140BILES Sec. 24-1. Legislative Intent -- ---- The purpose of the ordinance is to protect the public health,. �welfare and safety by regulating and restricting the operation of snowmobiles on public highways, and places in the City of Ithaca in a manner which will be compatible with the use of such highways and places for vehicular and pedestrian travel and other uses, and which will promote the safe and proper use of snowmobiles for recreation and commerce and,minimize detrimental effects of such use on the environment and inhabitants of the City o£ Ithaca. Sec. 24-2. Definitions (1) . The terms, words and phrases used in this ordinance shall have- the same meaniep as such terms, words and phrases as defined in Section 8-010S of the Conservation Law. (2). Whenever the word City is used herein, 'it shall mean the ,City of ,Ithaca, New York. -5- April 19, 1972 Soc. 2.1-3. Regulations Applicable. Operation of snowmobiles within tho corporate boundaries of the City shall be subject to the applicable- provisions of Article 8 of the Conservation Law, the rules and regulations of the office of Parks and Recreation, and the provisions of this article. Sec. 24-4. Operation Generally Prohibited (1) . It shall be unlawful for any person to drive or operate any snowmobile,` except as provided in Sec, 24-5, on, over or across any public way or public lands, highways, roads, streets, avenues, alleys, public places, public driveways, parks, waters or others property of or owned by the City. It is hereby determined that outside banks and should: of all City streets and highways are impassable or porn-existent. Sec. 24-5. Exceptions when Limited Operation Permitted. A snowmobile may be operated on the public streets or highways of the City under the following conditions only: (1). Emergency. In an officially declared snow emergency in the City for the purpose of emergency travel only, during? the period of time when, and at locations where snow upon the.-h-i ghways reridgrs travel-.,by automobiles impractical, as so declared and permitted by the Maypr,of the City, Chief of.Police of the City, or other authorized person, A Snowmobile may aTh d be operated on a street or highway in the City in emergency situations when the specific travel for a specific purpose is authorized or directed by a state or local polico officer, highway superintendent or executive officer of a county, town, city, or village. , (2) . Road Crossings. Snowmobiles may take a direct crossing across streets and high, ways in theCity, as authorized by Section 8-0303 of the Conservation Law. . (3) . Special Events. Snowmobiles may be operated on streets and highways in the City at times and in places relating to organized special events, as defined in Section 8-0105 of the Conservation Law and as authorized by the New York State Commissioner of the office of Parks and Recreation. Sec. 24-6. Conditions and Restrictions. Whenever the operation of a snowmobile is permitted in the City as provided in this ordinance; the following conditions and restrictions are hereby imposed on all such snow mobile operations; (1). Nuisance. No person shall operate a snowmobile on public or private 'lands at such .hours, in such .places, or in such a manner as to disturb the quiet or peace of the people or to interfere with or damage property or cause personal injury. (2) . Financial Secures. It shall be unlawful for any person to operate a snow- mobile on any public lands or places of the City unless the owner or operator of such snowmobile is insured against public liability and carries with him proof_of financial responsibility :in the manner prescribed by the office of Parks $ Recreation and 'of the minimum amount as provided in subdivision two of Section 8-0303 of the Conservation` Law. Such proof shall be displayed by the owner or operator of any snowmobile upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or damage to property as a result of the operation of such snow- mobile by any such owner or operator. (3). Unattended snowmobiles. It shall be unlawful for any owner or operator to leave or .allow a:snowmgbile to be left unattended on any city highway or public place while the motor is running, or with key for starting the same le-Ft in the ignition or elsewhere in said snowmobile. (4) . Obedience to Vehicular Traffic Controls. Each person operating a snowmobile on any City highway shall observe all vehicular tra fie signs and signals and all other rules and regulations applicable to vehicular traffic, and shall obey the orders and directions of any state of local police or other law enforcement officer authorized to direct or regulate traffic. Sec. 24-6. Violations. Failure to comply with any of the provisions of .this ordinance shall be deemed a violation and the violator shall be .liable to a fine of not :lerss than twenty-five dollars nor more than one-hundred dollars. :. Sec. 24-7. Separability, , If any phrase, clause, sentence, paragraph, subdivision or section of this ordinance ;shall be adjudged by any court of competent jurisdiction- to he- invalid, such portion of .this ordinance shall be deemed separate and distinct from the remainder ,.of this ordinance and such judgement shall not :effect the validity of the remaining provisions -of this ordinance. Sec. 24-8. Effective Date, This ordinance shall take effect on June 30, 1972. AYES; 14 ,,JAYS: 0 Carried and approved by wfayor, 2 : '.6 April 19, 1972 SIGN, ORDINANCE: Alderman Robirisoii'reported further progress on the preparation of a fin l draft of the proposed sign ordinance which he predicted would be ready for the Council's i-tay meeti-iio. He" reco i--ionded another public hearing be held thereon. By Alderman Robinson: seconded by Alderman;,Rundle RESOLVED, that the City Clerk. be authorized and directed to advertise a public hearing on the sign ordinance to be held by the Common Council at 7:30 p.m. on !Iednesday, !0ay 3, 1972, Carried MOBILE HOr.IE P,'.RKS ORDINANCE: Alderman Robinson reported progress on the preparation of .a suitable "Plobile Homc Park Ordinance" which be expectad to present at the M' y meeting, if possible, for consideration. He r:;commended a public hearinc; be advertised on a proposal to amend the zoning map to pQrmit the use of Dr. ?Ileiner's property, located south of Nost Clinton Street an area known ns the former landfill area for a mobile home park. " mofiori":.to authorize such a public hearing was withdrawn when it was disclosed that there was insufficient time left to do so as required by the zoning ordinance. CONTR41.LER'S V„C„ITCY: s. Russell called attention to the fact that he had resigned, -effective as of May Sth, aad urged that some steps be tak ;n to select his successor who -'should have some time to work with him before he left. He indicated he could stay until May 12th if necessary. Ii'was' moved,' seconded and carried that the Council go into #, Executive Session to discuss the matter. During the ensuing discussion reference was made to Sec. 2-25 of the"Charter, as codified, which provided that the City Controller shall O be appointed by the Mayor subject to approval of the Common Council, for an indefinite LW term. The matter was referred to the Mayor who promised to discuss it with the Aldermen within the next few days. On motion the meeting was adjourned at 11:45 p.m. Cam, �. ��:•-,;a. Geo. A. Blean, City Clerk -Edward J. Conley, PZayor iii. X) J v 5� 2 COMMON COUNCIL PROCEEDINGS CITY OF, ITHACA, N. Y. REGULAR MEETING 7:30 P.M. May 3, 1972 PRESENT: Mayor - Conley Aldermen (14) - Schmidt, Rundle , Spano, Nichols, Meyer', Boronkay, Jones, Spencer, Hender- son, Saccucci, Barber, Robinson, Slattery,''Gutenberger. Attorney - Ge rsh Chief of Police - Herson Controller - Russell Supt. of Public Works - Dingman Asst. Controller - Spano Building Commissioner - Jones Clerk - Blean Planning Director - Meigs Deputy Clerk - Grey_ _ . ..... . All those present stood and were led by the Mayor in a pledge of Allegiance to the Amer- ican Flag. MINUTES: Minutes of the preceding meeting were approved as recorded by the Clerk. PUBLIC HEARING - SIGN ORDINANCE: The Mayor opened this, the second public hearing, on a proposed new'sign ordinance. Alderman Robinson advised the final draft. .of the. new ordin- ance remained to be typed but that he could explain basic changes to anyone concerned. Mr. Robert Williamson inquired on behalf of his client, Park Advertising, if billboards were permitted under the new ordinance:.and how -long non-conforming uses Mould be .per- mitted to .remain: :Alderman Robinson advised that billboards would be permitted with certain kres,t:q ctions and�that present non-conforming ones would have to be removed by' August 31, :19.79, Mr. Williamson asked for and was promised :a copy of�the fin'6.1 'draft prior to the Council's next meeting at which time it was expected it would be presented for adoption. Alderman Robinson read a letter from the Chamber of Commerce expressing its approval of the ordinance. No one else appeared to be heard and it was moved, se- conded and carried that the hearing be .closed. VETO: The Clerk read a veto message from the Mayor as follows: 'n mbers of Common council: April 10, 1972, Please be advised that _I wish to veto the resolution adopted by Common Council on April 5, 1972, which amended the zoning map b-yrezoning the properties on the west side of North Meadow Street, the 500, 400, and half of the 300 blocks, to B-4 zone from B-1 classification. My reasons for the vetoeing this resolution are: 1. B-4 uses tend to be automotive in nature.-and are semi-i.ndustz•_i al-in.. character-, "requiring a consiiderab, a `amount of traffic for their continued iiistence.• 2. Perbiitted uses in a 13-4 zone would require many, extensive curb cuts into the major roadway, encouraging cross-movement and increasing traffic hazards. 3. Proposed developments in the area west of North Meadow Street are aimed at upgrading the appearance and economic attractivere.ss of the area, by supporting re- creational and residential uses associated with the recreation facilities which are de- veloping around the lower portion of Cayuga Inlet. 4. There seems to be no specific proposal for development in this area which would require B-4 zoning. 5. The rest of this North Central Neighborhood of the City is of a medium-inten- sity residential character, which would be more appropriately bordered by the existing less intensive, less traffic-oriented uses . 6. A far wider range of types of business, enhancing the economic viability of the property concerned, would be allowed under a B-2 classification, instead of the exist ing B-l; it would seem more appropriate to approach the improvement of this area by applying a more restrictive zoning rather than abandoning all restrictions on develop- . ment. 7. The impending rerouting of Route 13 from the north end of Meadow Street, which is as yet undetermined in detail, might act to the detriment of auto-oriented uses which might become established, thus making any such development obsolete in a short per- iod of time. S. Though the city's General Plan does not deal specifically with this part of the North Central Neighborhood in setting forth its general proposals for neighborhood improvement, I feel that it is the sense of the plan that commercial development along Meadow Street should be more compatible with residential use than would be develop- 203 (2) May 3, 1972 went allowed by B-4 zoning. 9. The opinion of the County Planner, which was expressed to Council at the April meeting, was similarly in opposition to traffic-oriented development in the area con- cerned. 10. The Planning and Development Committee of Common Council has indicated in its voting on the subject resolution that.:it .is s'tmilarly,opposed to such rezoning. I am as anxious as many other members;of this community to see that the city con- tinues to grow and to improve its economy.._ therefore recommend that the rezoning of this area be reconsidered by the apprdpriate agencies with a view to determining if the well thought-out proposal for revision of the existing zoning ordinance now under study by Council's Charter & Ordinance Committee is not a more appropriate one in con- sideration of the above points. This veto is not intended in any way to hamper the economic development of the area, but it is my feeling that less intensive, general business development is more appropriate in this portion of the city. I trust that further action on this subject will be carefully thought out and that the final result will be development which is a credit to the city and its planning and development activ- ity. Signed, Edward J. Conley, Mayor By Alderman Boronkay: Seconded by Alderman Saccucci. ^- RESOLVED, that the Council hereby overrides the Mayor's veto of its resolution, dated :+C April 5 , 1972, amending the Zoning Map by rezoning the properties facing on the west side C of N. Meadow Street in that portion of the 300 block and the 400 and 500 blocks, not now included in a B-4 zone, from a B-1 to a B-4 zone. AYES: 6 - Rundle, Spano, Boronkay, Spencer, Saccucci, Barber. NAYS: 8 - Schmidt, Nichols, Meyer, Jones , Henderson, Robinson, Slattery, Gutenberger. Motion Defeated. PUBLIC HEARING - -ZONING MAP AMENDMENT: Fred Weinstein, Attorney for'Dr. Reuben Weiner, requested the Council to advertise a public hearing on a proposal to amend the Zoning Map to permit rezoning his client's property to permit its use for a mobile home park. By Alderman Robinson : Seconded by Alderman Saccucci. RESOLVED, that the City Clerk be authorized and directed to advertise a public hearing to be held by the Common Council at 7:30 P.M, on June 1, 1972 in the Council Chambers to hear anyone interested in a proposal to amend the Zoning Ordinance to include a zone for mobile home perk; and another proposal to amend the Zoning Map to permit the use of Dr. Weiner's property, located south of West Clinton Street - an area known as the former land- fill area, for a mobile home park. The second proposal would rezone the described area from an I-1 zone to a zone described as MH-1 zone for mobile home parks. CARRIED. WITHDRAWAL OF TROOPS FROM SOUTHEAST ASIA: The Clerk read a letter requesting the Council V to adopt a resolution favoring legislation to withdraw all troops, material, and air sup- port from Southeast Asia. It was signed by Mrs. Karen DeAntoni, Mrs, Judith Komor, Mrs; Delores Saltzman, Mrs. Helene Fine and Mrs. Janet Slobin. Both Mrs. DeAntoni and Mrs, Fine spoke to the Council and urged approval of a proposed resolution which they had submit- ted for such purpose. It was acted upon as follows: By Alderman 'Jones : Seconded by Alderman Nichols . ' WHEREAS, more than` one hundred billion (100,0009000,000) dollars has already been 'spent on death and destruction in Southeast Asia at a time when Ithaca said other ccmmunities require `funds for local needs including pollution control, recreation facilities, public transit, public safety, housing and downtown development. THEREFORE 'BE' IT RESOLVED that the Ithaca Common Council .records itself as being-in favor of immediate legislation to withdraw all troops, material, and air support from Southeast Asia at the earliest possible date, (and not later than December 31, 1972) with satis- factory arr� gements f5r -the inutual. release of prisoners of war, and calls upon the New York Congressional delegation to support such legislation-, and BE IT FURTHER RESOLVED that copies of'ihis resolution be sent to both U.S.' Senators from New York, to Congressman Howard W. Robison, and to the President of the United States. Alderman Boronkay presented a substitute resolution''sim lar to one adopted.thy the City of Cortland about the same matter but it was°not accepted. Several aldermen voiced'their objections - particularly to the'�rords _ and not later than December 31; 1972 --= included in the resoluution. After' considerable discussion a roll' call vote was oaken which'resulted as follows: AYES: 7 - Schmidt, Nichols , Meyer, Jones, Henderson, Robinson, Gutenberger. ' NAYS: 7 - Rundle, Spano, Boronkay, Spencer, Saccucci, Barber-, Slattery. Due to a tie vote, Mayor Conley voted in the affirmative and declared the motion carried. Motion Carried. JUNIOR' PLANNER - 'APPOINTMENTi the Clerk reported the Planning Board had' requested approval of the appointment of Garrison Evans 'as a Junior Planner on a part-time basis at" the rate of $4.25 ^Pr hour whit'_ ..TA 'abc` mih-r-�urr: of the =-rade for this position. Mr. Doney, (3) May 3, 1972 Chairman of the Board, reviewed Mr. Evans' qualifications and urged approval of the re- quest. The Clerk read a letter from the Board :recommending approval also. It felt that this person's excellent qualifications would add considerably to the Board's capability to deal with the increasing work load of the;city planning and development programs. By Alderman Jones : Seconded by Alderman Schmidt.. RESOLVED, that the Common Council hereby approves the recommendation of the Planning Board; and authorizes it to hire Mr. Garrison Evans as a Junior Planner on a part time basis to work 25 hours per week at the rate of $4.25 ,per hour, which is above the minimum of the grade. It was reported the matter had been reviewed by the Budget & Administration Committee with two members in favor and the other two opposed. 1-YES: 11 NAYS:3-Rundle, Spano, Slattery. Motion'Carried. '"" Alderman Schmidt noted that the Planning Board was undecided as to what fringe benefits would be available to Mr. Evans under the c ircumstances. By Alderman Schmidt: Seconded by -Alderman 'Robinson. RESOLVED, that the Budget & A& nistrAt16n ,Committee , be instructed to review the existing policies, both City and CSEA, concerning Oe 'part-time employment of persons by the City of Ithaca and to make this- ii formatibif,='available to department heads, the Mayor and Com- mon Council; and that the''C6MMitted`be. also instructed to make recommendations to this Common Council concerning;Purt)ier- Conditions, especially fringe benefits, cf part-time employment that are not noki covered by codes or ordinances of this city. CARRIED. RTS. #13 TRAFFIC SIGNS: The Clerk read a memorandum from the Planning Board indicating that it had investigated what could be done to change or remove the "No left turn" signs at certain of the exits from the Weston Shopping Center and the First National Bank branch office. It advised that these signs were required by N. Y. State Transportation Dept. to free traffic movement and safety problems at these points on the state arterial and there was essentially nothing the City could do about it. The Board indicated however that the State had approved the installation of a traffic signal at the main entrance toy" the Weston complex although it was undetermined at this time about the funding for such installation. STATION RESTAURANT PROPERTY: The Clerk read a memorandum from the Planning Board recom- mending the City retain the major portion of the property and sell only those portions which are required for maintenance of structures on the Station property, owned by Mr. Ciaschi ;00"" and that the City proceed to sell the two narrow strips adjacent to the southern portion of the Station property on the east and west. . By Alderman Jones: Seconded by Alderman Robinson. RESOLVED, 'tliak.l the City Attorney be requested to ascertain the metes and bounds of *Ad two strips adjacent to the Station Restaurant, investigate further the terms under which land purchased with BOR funds may be sold, and report on these matters together with es- tablishment of an agreeable upset price to the Common Council at its next meeting. CARRIED. DOG ENUMERATOR: The Clerk read a letter from N.Y.S. Dept. of Agriculture & Markets ad- vising that if the City elects to have the 1973 dog census made by enumerators, during the month of October, 1972, it must make such election by adopting a resolution indicating this before June 1st. By Alderman Jones: Seconded by Alderman Nichols. RESOLVED, that the Common Council of the City of Ithaca, New York, hereby elects to cause the dog census for the year 1973 to be made by enumerators instead of its Police Department during the month of October 1972; and that the City Clerk be directed to file a certified copy of this resolution with N.Y.S. Department of Agriculture & Markets, Albany, New York, on or before June 1, 1972. CARRIED. Upon request, the Mayor declared a five minute recess and at the end of the recess he called the meeting to order again at 9:10 P.M. ALTERNATE WATER SUPPLY: Alderman Barber referred to a meeting the Cayuga Lake Basin Board,.A held on April 28th which he had attended and advised that the Basin Board felt that the city's proposal to secure an alternate source of supply from the Inlet would be sufficient to supply the greater Ithaca area for the next 20 years. By Alderman Barber: Seconded by Alderman Saccucei. RESOLVED, that the Common Council hereby requests the Cayuga Basin Board to go on record in support of the City's application to the N.Y.S. Water Resources Board for permission to take up to 7 MGD from Cayuga Inlet as an alternate source to augment the City's present supply• AYES: 13 *bAA NAYS: 1 - Robinson. Mr. Frank Davenport spoke as an engineer from the Basin Board and answered `' p p gi quests- , ql�)X presented to him. ♦aF`5; _ - 2 (4) May 3, 1972 WATER MORATORIUM: Mayor Conley reviewed conversations::hie' had recently with N. Y. Std'te Dept. of Health and N. Y. State Dept. of Environmental Conservation regarding the City's prop- posed alternate water supply. He referred to a letter, dated April,26, 1972, received by the City Controller from N. Y. State Planning & Development Clearing house indicating that the project designated as 003183, Ithaca Alternate Raw Water Supply, had been reviewed by the Office of Planning Service which showed it was beneficial for orderly growth and development in the State. It recommended the project be funded and advised a copy of the letter be sent to the Dept. of Housing & Urban Development. By Alderman Slattery: Seconded by Alderman Robinson. RESOLVED, that this Common Council endorses the action taken on February 16th, 1972, by the representatives of the State of New York, Tompkins County, City of Ithaca, the Towns of Ithaca, Lansing and Dryden, the :Yi:llag6-of Cayuga Heights, Cornell University, Ithaca Common Council,,�azd t 'Ithaca ;& xd of Public Works to set up the Greater Ithaca Committee on Water•°Resources; le jAing to the formation of a water district, and BE IT FURTHER RESOLVED, that sfaid Greater Ithaca Committee on Water Resources shall ex- plore th9 posaibili,ty of setting up an intersoveriunsntal administrative body to establish policies and rates; mey solicit engi.ri+ee7riAg services.to determine suitable sources of raw water, may employ .a 'tech ac 1. staff"to siTervise the pr*CgVa S and die*ribuU= of taw water, and BE IT Fti UR RESOLVED, that the Greater Ithaca Committee on Water PAwoure" shall -ttT-wt to its constitute mwabare en progress in aobleving its objectives by Jiay 1, 1972, and BE IT FURTHER MOLVED, that the Ad-hoc Water Resources Water by t-• #Us meson Vouncil, shall continue to act as the official agSoUoting bony of this City 3C in further talks Stith the ebaicoc.•mw�tionrcd uunfeiga1344sa. CARRIED. C SAM d'r i By Aldag=w A ahaerger: Seconded by Al,c�t wow. W af#ts va&.dh* cxmsideration to 911 AYaileble rglevazt faota+sd i+r-ev availabi ty of wetar in our nc ",area tUll t%mmon Couil has d+a� � iVA4 041t ate pr**0j supply is adequste to supply outsida s "•begp0w aiY 4w inhabitenta of the City of Ith=* eud .i AS, during. the fiat of low fl.cw periods, it is the iritent of the Mayoi and Ccraaa tb w3,cil-; in con iqa with the Board of Puhli,.o-Works, to'dO eve rYthia t f`rLth3 K tbe►ir power to _conserve water;: and riff.. WHEREAS, thf '`Common rAvancil reeo�t,�f.ae�a t%" *ox- um X11 1#1 to the solution of s!� ►. lon,&.tom stater needs of the Greater Ithaca Area.; ;. NOW ThiER OIM BE IT,"RESOLVED, .that the Board of Public Works,)ic hts L.. ected to remove immediately a period of one - ly P Year the wet ,morato�rasn the Yuma ,of Ithaca, Dryden and.the Vi.11W of Cayuga Heights; and furthejk;Aat the Board be .directed to issue net .,4wb r permits to AA0 4 vM_ 41 � mlii3iC $1j,#,ies,� tpo .40O dwelling un1_ts ._` and that these WO.Uni.ts shall be mut,tu�11y selected and egrWd y the aim-ramed AYES. 9 Schmidt Meyer, Boronk Jones` �'Speneer Hender9'on Blarbgr,ia,Slatt . =6: 5 - Rundle, Spano, Nichops,,,.Saecu�ci, Robinson. ? BiIDG •,•.�,9T�• '�'ti��� xt}� kt�tt . As�ev�eab j.,, .. rgj:gred, a&4 me pril 20, � oJ he�as payna,+..Mractor AfTomty Aaaassment.,pl resulted'in the following tabulation: ` $ 29,860,760 Valuation of Buil,dings 2_3_�3,7Q' 040 . Toatal` Valuation of Ffta Prop+erty�2-6-3',5 5"; ;W, Less --.Valuation of-Exempt Frop.- , '1674028.j4o Net 96,507,550 .. .Plus Valuatim.,of Franchises Net °Valuation .of Taxable, Prop.. $100fi26,238 -- .. �••• Alaerman Rundle presented and1,ead the following prepared statement: y6' Conley 'and Members of the Common Council: A copy of the proposed final budget of the City"of Ithaca for the year 197 `was`made available .to. each of you earlier _in the Veeka. I trust each of you has taken the oppor- �: . y �». ,� ., ,. . sir.. .. tunity i±o review, thins document s.o that you,haye a fqir=1y good 'knowledge 'off`"its" content, Man4y.,man hours have ,been .spent,1?y the members of, the Budget and A,dmjxii�tra }on -Commmittee together with members of the 'Finance Department of the City,arid, other`�dp'dtmetfer5;.-f b in arriving_ at the finished prodµet, which at; the cogclusion.of these remarks, t, aYlall move adoption thereof,. ,_ APPfi&AIA�roffr, 'r The total :7;appropriations in this year's budget total $6 ,373,646 or an increase of 6 over 1971'total. appropriations.. Approximately one-fourth pf the .total. budget is covered_ 1.r.. a b t .water sales and sewer rents which will require no rate adjustment for 1972• ' ie'Gener- al Fund portion of the budget requires an appropriation of $4,699,384. .--- _•�..; . i I t� (5) May 3, 1972 General Fund appropriations for 1972 exceed those of 1971 by $169,000 or 3,7%. This is the smallest increase in General Fund appropriations in the last seven or eight years ; this in spite of an increase in salaries of $219,669 for 1972 over 1971. We have continued to practice tight budgeting procedure and have relunetantly denied many budget requests in order to keep the increase to the minimum figure of $169,000. Consequently, we have been able to slightly decrease the City tax rate as will be seen presently. REVENUES, OTHER THAN PROPERTY TAX REVENUES The bezic�source of General Fund revenue is the real proper"t`y�,t_ax. However, if that were the on sdurce our rate would be an astronomical $45.00 e , 1'000 of assessed valuatioi° " ly p �� . We n#A:-,*. n only about 36% of our needed revenue from Proper SALES+YM provides the largest single source of revenue in re aef of property taxes. ;.-Astim6te4 -for d9t have been conservatively set at $1,100,000. This is approximately 10% ;`,;hest-zthaa` actually received for the year 1971. However, in tk`flunetuating economy , _S=4.ras Vd`h�&v'e' experienced for the past few years , we felt it_tm ie to'over-estimate this rsource of revenue at the expense of a possible deficit to be maize"-neitt Year. STATE_,AID. At this late date it has still not been determined what -the City of Ithaca �w11 xeeYVe'< per capita State Aid for 1972. Revenue from this'jsource in 1971 was Uwl x�l the advice of,.the office of the Conferendii,_ok Mayors, we have budgeted approximately 20% less for 1972 or $714,400. If at the time a`2ietdt6iiigti•or�As made, the Citytwill receive an amount gre'ater; than this, we will be that'!2&611'V'i tter off going into 1973. SURPLUS . . Because of the problem in the,.econemy during 1970 plus the 'fact-'that our Sales Tax receipts for 1970 did not come\up to expectations, we went into.'491i' with the Lowest sur- plus in many years - $1,758. However, because of increased salest t-ax receipts and unspent appropriations during 1971, we finished the year with a record surplus of $308,000. This is--.1$68,000 greater than we budgeted in the Tentative Budget. `i THE PROPERTY TAX RATE .., ,% -­ .. The increases in sales tax and year end surplus more,.t4en...ofrfset the estimated decrease in State Aid to the extent that we are able to reduce the,-,teutiitive tax rate of $18.01 to a final rate of $17.10. A few .days ago, we predicted a; rate of $17.30, a reduction of 100 ; over last years rate. However, -within the last few..,AW..¢,• final taxable valuation figures w-,* were made known and --th6 increase in assessed valu4i� s ovox.Pthe previous estimates enabl us to arrive at thdi final rate of $17.30. L V t'eURREI�TI 6• � PROJF.(T The Capi' � 6•,on ,pale ,46.i¢f thy- 3 0 4,4 � t t hb�t$ t ' 1440oq of financing, i :.. only the new;_p'xs is tprJ6 sed `gib l ..§t `t��c ,t#, is ji er.�. Its`' da.ta:o i',�'r.there are 19 project ;.carried over from 197} "for whichaiicng has a1�r ' i �r�ranged. The total cost of the- :for,: 9'2 xT °;$SQ; . 01?• and is<. etionable in the mind of the wrier projects approved �, if .such: sn ambtjtn`'epita'1 �progra�axy acCo�cplished1xon schedule. Included in the Capital program for 1972 is $102,000 for projects to be.,financed by 1972 Real Property Taxes. If any of these projects are not commenced by the end of 1972, these funds should be returned to the General Fund. In conclusion, may I repeat that it has been a difficult task to find ways to reduce the tax_-rate, or even ,maintain it in time of rising costs. Even though I believe we have been frugal, in all areas`, I an confident that we have provided for all essential services of the City. This Budget will adequately meet the needs of the City of Ithaca for the year 1972 and I recommend its adoption." By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the budget estimates and requisitions incl,4 g the Capital Budget, as agreed upon, be and the same hereby are finally approved, adopted and confirmed in the total sum of $6,373,646 in accordance with the detailed budget statement on file in the office :of the City Controller, and ,,Y.IHEREAS, available and estimated revenues total $4,656,,��6 leaving $1,717,050 as the amount to be raised by taxation,and WHEREAS, the Assessment Roll-fox-.,1972 , certified and filed by the Assessment Department of ' Tompkins County, has been footed and proved and shows the total net taxable valuation of $100,626,238, and WHEREAS, under Charter provisions , the tax limit for City purposes amounts to $2,816,221 for 1972, NOW THEREFORE, BE IT RESOLVED, that the tax rate for general city purposes for the fiscal year 1972 be and the same hereby is established and fixed at $17.10 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1972 tax roll, thereby making a total tax levy as near as may be of $1,717,050, and BE IT;-.FURTHER RESOLVED, that the amount of said levy be spread and levied and the same hrerby is levied upon and against the respective 'properties shown on said City Tax Roll in accordance with'.`their respective net taxable valuations at the rate of`$h 7.10 per $1,000 of sucti',taxable vaduations, and n.�c 20 . (6) May 3, 1972 BE IT FURTHER RESOLVED, that the City Chamberlain be and hereby is directed to extend and apportion the City tax as above, and that upon the completion of the extension of said Roll the City Clerk prepare a warrant 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 Corpw orate Seal to such warrant and forthwith to file the same with said Roll with the City Chamberlain, and BE IT FURTHER RESOLVED, that upon the execution and filing of said warrant and Tax Roll, with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall thereby become tax liens, due, payable and collectible ,in :accordance with provisions of the City Charter, and other laws applicable thereto, and BE IT FURTHER RESOLVED, that the total sum of $6,373,646 be apprQpr p ed in accordance with the Tax Budget as adopted to the respective boards , offices and departments of the City fox the purposes respectively set forth therein." AYES: 13 NAYS: 1 - Robinson. GFtri:eld and;•,approved by Mayor. Mayor Conley thanked members of the Finance Committee, the City ~Controller and Assistant Controller for their work in preparing and present'irig the final`'budget for adoption. CAPITAL IMPROVEMENTS REVIEW COMMITT,FE':, The Clerk reported the Board of Public Works had - recommended the appointment of two,.of its members - William S. Downing Jr. , and Arthur J. 00 Golder - as members of the Capital Improvements Review Committee while the Planning Board W had recommended appointment of two of its members - Edward W. Austin and Milton R. Shaw- as members of the same committee. Mayor Conley announced his appointment of all four and requested Council approval thereof. By Alderman Barber: Seconded by Alderman Schmidt. RESOLVED, that the Mayor's appointment of William S. Downing, Arthur J. Golder, Edward W. Austin and Milton R. Shaw as members of the Capital Improvements Review Committee, for a term of one year each effective June 1, 1972, be approved and confirmed. Motion Carried. POLICEWOMAN: Alderman Gutenberger recommended the creation of the position of policewoman in the Police `Department. He indicated it had the endorsement of the Police Commissioner and the Budget & Administration Committee. By Alderman Gutenberger: Seconded by Alderman Saccueci. RESOLVED, that the position of Policewoman in the Police Department be created subject to approval of Job specifications by the Civil Service Commission; and that the salary for this position be approved at grade #3 in the Police and Firemen's Compensation Plan as F. follows: Minimum Maximum Grade 3 $7,592.00 $10,00$.00 CARRIED. COMPENSATION PLAN AMENDMENTS: Alderman Gutenberger recommended amending the Compensation Plan by upgrading the position of Chief of Police to grade 35 with a minimum of $14,283.00 and a maximum of $19,218.000 Alderman Robinson felt the Chief of Police should receive a salary comparable with that received by either the Controller or Superintendent of Public Works and made a motion to that effect but his motion did not receive a second. Controller Russell advised that the, Budget & Administration Committee was in agreement with upgrading the Chief's salary and was also in favor of upgrading other positions in both the Police and Fire Departments. A five minute recess in the proceedings was declared by the Mayor for the 'two Committees to prepare a resolution to cover all positions involved. At the end of the recess period Mayor Conley again called the meeting to order. By Alderman Gutenberger: Seconded by Alderman Slattery. RESOLVED, that the Compensation for the Police and Fire Departments be amended as follows: POLICE DEPT. FIRE DEPT. GRADE MINIMUM MAXIMLIM Chief Chief 35 ' '1 ,283 19,21 Dep. Chief Dep .Chief 30 12,939 17,407 Captain Asst. Chief '25- 11,722 15,768 Sergeant Lieutenant 11 81890 11,956 Patrolman Fire Fighter 3 7,592 10,208 Alderman Robinson still- '451wjvetiad Since he 'felt the Chler of 'Pca:ice should be paid on a par with both they Sapp irintende'nt 'and the Controller. AYES. NAYS': 1 - Robinson. CARRIED. POLICE CAPTAINS: 'By Alderman Gutenberger: Seconded by Alderman Slattery. RESOLVED, that the Council hereby approves two additional positions of Captain in the Police Department at.-grade 25-,'in the Police and Firemen's Compensation Plan at a salary range of $11,722.00 to $15,768.00. CARRIED. 208 (7) ;. ' May 3, 1972 CODE AMENDMEtT � 1972: Alderman Meyer reported that the Board of Public Works had recom- mended increasing the burial fees at the City Cemetery and she recommended approval thereof. By Alderman .Meyer: Seconded by Alderman Barber. 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 7 of the Code of Ordinances, Cemeteries , Sec. 7-2 be amended to read as follows : Sec. 7-2. Rates for internments. All internments shall be made by duly licensed funeral directors at rates which currently :ns f oIlQws ru. , .Pine Box $6o..00 Vault 6T.00 Potters' Field 25.00 -Single Graves 60.00 Infants ` r r1,r i Cremated Remains 15.00' Effective upon publication. ,rAYEq:.,. 14 ?..!.; VAY$: , 0 CARRIED and :approved. f CODE AMENDMENT #7 - 1972: Traffic ordinance amendments'' whi6'h 'had been recommended for approv- al by the Board of Public Works were adopted as follows: By Alderman Meyer: Seconded. by Alderman Barber. BE IT ORDAINED by the Common Council of the City of Ithaca, New York and it hereby is or- dained by authority of the same that Chapter 15, Article IX, Sections 15-180 and 15-182 of the Code of Ordinances be amended to read as follows: 1. Section 15-180 Parking Prohibited at all Times on Certain Streets: Delete: North Cayuga Street, West side, 100 feet South of the southerly right- of-way line of West Court St, 2. Section 15-182 Parking Prohibited During Certain Hours on Certain Streets : Fifteen minute parking: Delete: North Cayuga Street, West side, from a point 100 feet South of South line of West Court<.;.:to a point 100 feet southerly therefrom. Insert: North Cayuga Street, ..West_ side, from West Court Street to a point i 180 feet southerly. CARRIED, Effective upon publication. AYES: 14 NAYS: 0 IJ h. ,; , CARRIED and approved. SALE OF 1?21ING,5�ATION: Alderamij Meyer..reported the Board of Public Works had recommended the SALE OF THE VATER PUMPING STATI-ON 'at Elm and Hector Streets. It was referred to the Public Works` Ca�ittee for stu011�m+id report. PERSONNEL P:OLTOY MATTERS: Alderman Meyer read a resolution adopted by the Board of Public Works. on April,.l2th, recommending the Council adopt a policy resolution reaffirming the € accepte' d; proG' ure of relegating personnel matters to executive session where decisions can be made whether or not to make public charges or critical statements regarding the City's personnel. No action was deemed necessary, since it was agreed that such matters ' should be discussed in Executive Session as recommended. t ✓ DUPLICATOR AGREEMENT: By Alderman Rundle: Seconded by Alderman Jones. RESOLVED, that a service contract for maintenance of a duplicating machine in the Finance Department, between the City and Pierson's Duplicating Service, be approved in the amount of $40.00 from April 1, 1972 to April 1, 1973; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City. CARRIED. i AUDIT: By Alderman Rundle; Seconded by Alderman Jones. RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $32,803.52, as listed on audit abstract #4-1972, be approved for payment. CARRIEDw �. k ✓ JOHN L. RUSSELL: By Alderman Rundle: Seconded by Alderman Barber. WHEREAS, John L. Russell has served the people of the City of Ithaca as City Controller during the past seven years, and WHEREAS, he has exercised his duties in an outstanding manner, demonstrating both the high- est standard of professional competence and dedication to the service of our City and its r: citizenry, NOW THEREFORE BE IT RESOLVED, that this Common Council, on behalf of all city residents, past, present, and future, hereby expresses its sincere gratitude for his dedication and service during his term of office , and 2 � . (8) May 3, 1972 BE IT FURTHER RESOLVED, that this Common Council extends to him its best wishes for success in his new field of endeavor; and that a copy of this resolution be spread upon the minutes of this session, and a copy thereof presented to Mr. Russell. Unanimously Carried. Mr. Russell stated that he had enjoyed working with the Council during his seven years of service and was leaving city service with no feeling of animosity. SIGN ORDINANCE: Alderman Robinson reported the new sign ordinance had been completed ex- cept for typing. By Alderman Robinson: Seconded by Alderman Schmidt. RESOLVED, that the final draft of the new sign ordinance, when ccmpleted, be referred to the Planning Board for its recommendations thereon to the Council prior to its adoption at .a the Council's next regular meeting on June 1, 1972. CARRIED, CODES REVIEW COMMITTEE: By Alderman Robinson: Seconded by Alderman Jones . L. WHEREAS, it has become apparent that an increasingly determined effort musts be made to continuously maintain the viability of City codes, and 'O ' WHEREAS, it has been established that a concerted effdrt'l�y the concerned committee may be most beneficial in advising this Common Council cbhcerning possible alterations of existing City Codes ,' :b"' NOW THEREFORE BE IT RESOLVED, that,.Common Council hereby authorizes and directs the Mayor to establish a special committee to be known as''the City of Ithaca Codes Review Committee to be composed of one member from each of the following City agencies and areas of the Community. 1. Building Commissioner's Office. 2. Housing Boardof Review 3. Examinng Board of Electricians 4. Examining Board of Plumbers 5. Board of Zoning Appeals. 6. Board of Appeals on the Building Code. 7. Common Council's Charter & Ordinance Committee. 8. Planning Board. 9. City Attorney. 10. An Area Architect. 11. A local Realtor. 12. An area General Building Contractor. AND BE IT FURTHER RESOLVED, that the Chairman and members shall be appointed by the Mayor with the advice and consent of the Common Council. It shall be the duty of the City of Ith.- aca Codes Review Committee to hold regular meetings at least once in every three (3) months and at least five (5) times annually for the purpose of discussing all City Housing and Building Codes and their enforcement and to report its findings to Canmon Council following each meeting and further to file an annual report of the 'City of Ithaca Codes Review Committee,'including all areas of discussion and recommendations, with the Common Council by February 15 of each year, and BE IT FURTHER RESOLVED, that members of the City of Ithaca Codes Review Committee shall serve for a' three (3) year term, and BE IT FURTHER RESOLVED, that said terms shall be staggared by lesser duration'appointments to 8 of the members at the inception of this Committee. CARRIED. COMMISSIONERS OF PUBLIC WORKS: Alderman Robinson requested the City Attorney to review the City Charter-and determine whether or not the ,Board of Public Works was legally constitued. BOYNTON CENTRAL: Alderman Nichols made another progress report on this subject indicating that„aU tense,-Agreement between the City School District and the, City of Ithaca had been prepared and-that copies thereof would be available for the aldermen for study before final approval. Attorney Gersh advised that the City would be involved from a financial viewpoint and hoped that any financial committments made 'by the City would be limited and protected by,the amount of budget appropriations provided by the other participating agencies. EMPLOYEES' GRIEVANCES: Alderman Nichols reviewed briefly several employees' grievances that had been filed with the City Controller. Mayor Conley pointed out that when the new "Standing Committees" of the Council were appointed for 1972 it was his intent that all employees' grievances should be referred to the Budget & Administration Cbmniittee_while other grievances such as those received fromthe public should be referred to the Human Services Committee. It was agreed to do so in'the future and that' in future negotiations the Bargaining Agents be made aware 'of this procedure. HOOSING AUTHORITY REPORT: Alderman Nichols reported that an elevator workers' strike had caused an unforseen delay in the "Titus Towers" housing project. She reported, how- ever t- t viz 'u(: tc recieve final inspection -n ""'T 15th, and ' `r (9) May 3, 1972 that occupants would be permitted to, move;.,in. soon :after :tihat date. .< r CITY CONTROLLER: Alderman Jones read the following proposal: AN ORDINANCE TO AND THE P.OWE$S & DUT;IES J1F TAE CITE C.ONTA0,P By Alderman Jons ecc� e , ed y, derma�S i t WHEREAS, thill"acministrative authority for development-relwted .activi es ;ef the:,Cityr of Ithaca is at present diffused taughout various departments and agencies of city govern- ment, and .. t 'hoc �'i, Uri. ,�i)s:( WHEREAS, such diffusion of responsibility impedes coordination.and communication among the various agencies, as well as betweem these' agencies and the Council and Mayor;,. and WHEREAS, the Common Council of the City`of' ItTzaca wishes to ovri de, for great:df,efti:c- iency in and coordination of such development-related activities of the city; and`,, WHEREAS, Sec. 25b (sec. 2-27(11) as codifi d) of tYie"City" CFiarter provides t at :the_ re'spolh sibilities of the controller may include such functions, powers, and duties w1:tzaE1re§pect to the administration of the city government as may be delegated to him by local law or ordinance; and WHEREAS, the present vacancy in the office of controller provides a unique opportunity to expand the powers and dutiep.;,pf the' controller to include administrative coordination of development-related activities, NOW THEREFORE BE IT RESOLVED, that the powers and duties -of the controlled afire.hereby'-.' expanded to include the administrative coordination of development-related activities; t'. as follows: 1. To carry out those responsibilities of the controller enumerated in Sec. 25b (Sec. 2-27as codified) of the City Charter 2. To supervlips ,-and coordinate the implementation of policies relating to planning and d6ie"18 gat as;;such policies are determined by the Common Council, the Planning Board;=4,he Ith=OL sousing Authority, the Ithaca Urban Renewal Agency, and their suc- ce§ brs'4, and eriy;other instrumentalities designated by the Mayor or Common Council. 3. To' initi:ate, administrative procedures and to supervise the application for Federal and State' Tunds for local eligible projects. 4. To establish and maintain an administrative relationship with the Office of the l5ui.ld- ing Commissioner, the Office of Youth and Recreation, the management office of.=tie` Ithaca Housing Authority, and such other municipal agencies and departments as `they relate to planning and development activities of the City. 5. To carry out such other duties as may be designated by the Mayor or CcMmon Council. CARRIED and approved. CITY CONTROLLER --DIRECTOR OF FINANCE & DEVELOPMENT: Alderman Jones explained that in ex- panding the dutiesof the Controller it was proposed that a new title of Controller-Dir- ector of Finance,&,:Development be created. Attorney Gersh ruled that this would have to be done by .a: .Local Lawto amend the City Charter in this respect. By Alderman"Robinson., i Seconded by Alderman Jones._, RESOLVED, that the City Attorney be authorized and.,directed to prepare a Local Law regard- ing this; mdtter for presentation to the Council at its next regular meeting. CARRIED. Alderman Jones reported that job specifications had been prepared for the new position of Controller-Director of Finance & Development. By Alderman Jones: Seconded by Alderman Robinson. RESOLVED, th`at.,tho: jab, specifications for this new position be referred to the Budget & Administratior '-lCo&nittee fo.r2�tudy arid'°report. CARRIED. Mayor Conley adlhwed he 4tendod tdtk'dveitfs; .i,rn..the Binghamt9q, SiiiCuse, Rochester, Elmira and Itha.ea PAper:Su, r. app�a cations` for the anew positipr} ©C %fitroller-Director of Finance & Development. NEXT REGULAR MEETING: Mayor Conley recommended the' Council hold its next regular meeting on June 1st instead of June 7th when he and several aldermen expected to be attending the Mayors' Conference. By Alderman Robinson: Seconded by Alderman Barber. RESOLVED, that the Council hold its next regular meeting at 7:30 P.M. on June 1st instead of 1j, fie 7th as recommended by the Mayor. CARRIED. YOUTH DAY: Mayor Conley announced that May 24th had been designated as Youth Day when selected youth of the community would preside as city officers. WALK FOR DEVELOPMENT: He announced also that May 21st had been designated as Walk-for- Development-Day with the proceeds to be used for local projects including Alpha Hous, Sen- ior Citizens and youth & recreation projects. FIRE DISPATCHERS: Alderman Slattery called attention to action taken by Council of March 13, 1972 regarding fire dispatchers. He reported that the date of May 1st, previously anti- cipated as the date of funding, may have to be changed to a later date. He expected final 2 (10) May 3, 1972 agreements regarding -this matter would be worked out soon and be ready for presentation to the Council for its final approval. CAPITAL, IMPROVEMENTS:' 1"alderman Robinson requested the Budget & .administration Committee to review Sec. 99-G of the General Municipal Law relating to capital improvements and make recommendations thereon to the Council. On motion the meeting was adjourned at 11:30 P.M. X�1_ Geo. A. Blean City clot , Edward J. Conley C" MVor t: 212 COMMON COUNCIL PROCEEDINGS Special Meeting 5:15 P.M. May 10, 1972 PRESENT: Mayor - Conley Aldermen - 12 - Rundle, Spano, Nichols, Meyer, Jones, Henderson, Saccucci, Barber, Robinson, Slattery, Gutenberger, Schmidt. OTHERS PRESENT: Attorney - Gersh Assistant Controller - Spano Controller - Russell Urban Renewal Director - Daley Mayor Conley announced he had called this special meeting primarily to appoint a Con- troller. In the absence of the City Clerk, Geo. A. Blean, who was serving as Clerk of the Board of Public Works meeting being held concurrently with this meeting, Mayor Con- ley appointed Controller Russell to act as Clerk of the meeting. Alderman Robinson requested an opinion from the City Attorney as to the legality of the meeting because the City Clerk or his Deputy was not in attendance and the Mayor had appointed an Acting Clerk. City Attorney Gersh ruled that the meeting was legal and it was proper for the Mayor to appoint an Acting Clerk. Alderman Robinson then declared that he intended to file a formal protest of the meeting and that all of his voting would be done under protest. JOSEPH A. SPANO, LEAVE OF ABSENCE: Mayor Conley recommended that Assistant Controller Joseph Spano be granted a leave of absence not to exceed six months because he intended to appoint Mr. Spano to the Controller position. The purpose of the leave of absence is to protect Mr. Spano's position so that he could return to his duties as Assistant Controller when and if a new Controller is appointed. By Alderman Slattery: seconded by Alderman'Schmidt RESOLVED, that assistant Controller Joseph A. Spano be and is hereby granted a leave of absence for a period not to exceed six months effective May 13, 1972. AYES: 12 .r NAYS: 0 Clerk's Note: Alderman Robinson voted "Aye'.' under protest. JOSEPH A. SPAI40 APPOINTMENT: Mayor Conley announced his appointment of Joseph A. Spano as City Controller effective May 13, 1972, and requested Common Council approval thereof. By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, that the Mayor's appointment of Joseph A. Spano as City Controller be approved and confirmed to become effective on May 13, 1972, at $14,215.00, the minimum of grade 50 in the Compensation Plan. Controller Russell recommended that the salary be $16,000.00 because of the additional duties Mr. Spano will be required to perform, i .e. the completion of the transfer of accounting functions to the Tompkins County Trust Company computer, in addition to the duties of the Controller office. Controller Russell also wanted to go on record criticizing the lowering of the ac- ceptable experience and training requirements for the Controllers position in which the requirement of ten years of Accounting or Business Administration experience is removed and in its place is substituted "Five years of Business or Public Administration ex- perience." In no place does it mention the words "Accounting Experience." Alderman Barber moved to amend the motion to make the salary for Mr. Spano $16,000.00 per year. Aldermen Schmidt and Gutenberger accepted the amendment. AYES: 10 NAYS: 1 Robinson Abstention: 1 Spano ✓ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, APPROVING FILING OF AMENDATORY APPLICATION BY THE ITHACA URBAN RENEWAL AGENCY FOR STATE FINANCIAL ASSISTANCE By Alderman Jones: seconded by Alderman Schmidt 2 t -2- May 10, 1972 RESOLVED: the Common Council of the City of Ithaca, N. Y. hereby finds: Section 1. The following described area in the City of Ithaca (hereinafter referred to as 1°Municipality") is substandard, insanitary, and has been duly designed as appropriate for urban renewal within the intent of the Urban Renewal Law of the State of New York. BOUNDARY DESCRIPTION OF THE PROJECT I AREA Begininning at the intersection of the center-line of East State Street and the center- line of North 'Tioga Street; thence northerly along the center-line of North Tioga Street to a point 160 feet more or less north of the intersection of the center-line of North Tioga Street and East Seneca Street; thence easterly along the north line of the City of Ithaca property to the center-line of North, Aurora Street; thence south along the center-line of North Aurora Street to the intersection of the center-line of North Aurora Street and East Seneca Street; thence southeasterly along the center-line of Seneca Wag to the intersection of the center-line of. Seneca Way and East State Street; d thence southwesterly along the center-line of East Green Street to the intersection of South Aurora Street and East Green Street; thence south along the center-line of South Aurora Street to the intersection of the center-line .of South Aurora Street and the center-line of Six Mile Creek; thence southwesterly along the center-line of Six Mile Creek to the intersection of the center-line of Six Mile Creek and the center-line of East Clinton Street ; thence westerly along the, center-line of East Clinton Street to a point 190 feet more or less west of the intersection of the center-line of South Cayuga Street and the center-line of Clinton Street , which point is the southerly extension of the west property line of the property, now, or, formerly, owned by Gilbert F. Sturrock; thence north -along the west property line of the property, now, or formerly, owned by Gilbert F. Sturrock to the south property line of the property, now, or formerly, owned by Edward T. and Mildred A. Akers ; thence west along the south property line of the property, now, or formerly, owned by Edward T. and Mildred A. Akers to the west property line of said property; thence north along the west property line of the property, now, or formerly, owned by Edward T. and Mildred A. Akers to the south property line of the City Right-of-Way; thence west 10 feet more or less along the south property line of the City Right-of-Way to the west property line_of. th.e, City Right-of-Way; thence north along the west property- line of the City of Ithaca extended to the center- line of West Green Street; thence east along the center-line of Green Street' to a point 120 feet more or less east from the intersection of Cayuga Street and Green Street; thence north along the extension of the east building line of the building, now, or formerly, known as the New York State Electric and Gas Corporation Building to the south property line of the property, now, or formerly, owned by F. A. Wilcox; thence west along the south property line of the property, now, or formerly, owned by F. A. Wilcox to the west property line of said property; thence northerly along the west property line of the property, now, or formerly, owned by F. A. Wilcox extended to the center-line of East State Street ; thence east along the center-line of East State Street to the point of beginning. f 1 -3- May 10, 1972 Section 2. The existence of said area is impairing and arresting the sound growth and development of the Municipality and is inimical to the public health, safety, morals and welfare of the inhabitants thereof and of the State. Section 3. The Ithaca Urban Renewal Agency(hereinafter referred to as "Agency") is undertaking an urban renewal project in said area, (hereinafter called the "project") under and pursuant to the Housing Act of 19 +9 as amended and supplemented. Section 4. The development of the project is essential to the sound growth and develop- ment of the Municipality and to the welfare of the inhabitants thereof. Section 5. The financial aid to be provided to the Agency is necessary to enable the project to be undertaken in accordance with the urban renewal plan (hereinafter referred to as "Plan") , Section 6. The Plan affords maximum opportunity to private exterprise , consistent with sound needs of the Municipality as a whole , for the undertaking of the urban renewal program. Section 7. The Plan conforms to the comprehensive community plan for the development of the Municipality as a whole. Section 8. There is a feasible method for the relocation of families and individuals displaced from the urban renewal area into decent, safe and sanitary dwellings, which are or will be provided in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public or commercial facilities , at rents or prices within the financial means of such families or individuals and. .re.as.on:ably, accessible to their places of employment. And it is further RESOLVED: Section 9. The Municipality hereby expresses its intent and recognizes its responsibility to do whatever is necessary and appropriate to carry out the project. . Section 10. The Common Council of the City of Ithaca represents that it has delegated to` the Agency through a resolution dated April 28, 1965 the powers, as provided for in section 503-a of Article 15 of the General Municipal Law, necessary, desirable and appropriate to effectuate the project and that it has designated the Agency in aecordanc .v with section 502 (5) of Article 15 of the General Municipal.Law and that it has...consentecl to the use of agents, employees and facilities of the Municipality pursuant to and in accordance with section 554 (8) of Article 15-A of the General Municipal Law. r° Section 11.. ,The filing of an application by the Ithaca Urban Renewal Agency for State grant of funds to assist in carrying out the project in an additional amount of $33+,250 which together with the grant heretofore made of $58+,265 is not to exceed approximately the sum -bf $918,515 is hereby approved. AYES: 12 NAYS: 0 Clerk's.Note: Alderman Robinson voted "Aye" under protest. INSPECTION OF HANCOCK STREET HOUSING PROJECT: Alderman Nichols announced that on Friday, May 19, 1972, from :30 p.m. to 6:30 p.m. all city officials and department heads are invited to inspect the Hancock Street Public Housing Project. ADDITIONAL LEGAL COUNSEL: Urban Renewal Director Daley discussed the Urban Renewal project and stated that the developers are pressing for action. Because of the, many legal problems involved with. rights of way, etc. , it is questionable if the City Attorney will have the time to accomplish all the legal work required within the time table desir„ . By Alderman Jones : seconded by Alderman Nichols. RESOLVED, that the City Attorney is hereby authorized. to retain additional legal counsel for the purpose of expediting the Urban Renewal project. ' AYES: 12 NAYS: 0 Clerk's Note: Alderman. Robinson voted "Yqe" under protest. On motion, the meeting was adjourned at 6:00 p.m. John L. Russell, Acting Clerk .Edwcrd J. r,onley, Mayor 2 .COMMON COUNCIL PROCEDDINGS CITJ OF ITHACA, N. Y. Regular Meeting 7c30 P.M. June 1, 3972 PRESENT: Mayor - Conley ALDERMEN (13) Spano, Meyer, Jones, Boronkay, Spencer, Henderson, Barber, Saccueci, Slattery, Robinson, Gutenberger, Schmidt, Rundle. ABSENT: Alderman Nichols. OTHERS PRESENT: Attorney, - Gersh Fire Chief - Weaver" Supt. of Public Works - Dingman City Planner - Meigs Asst. Supt. - Hannan Controller - Sapno Engineer - Schlieder Clerk - Blean Deputy Bldg. Comm. - Boda Deputy Clerk - Grey All those present stood and were led by the Mayor in a pledge of Allegiance to the Amer- ican Flag. At the request of Alderman Rundle, they remained standing for a mcneat in silent prayer in memory of Fred J. Hagin, a former alderman for the 4th Ward and a member of the Examining Board of Plumbers for many years, who died on May 12, 1972. MINUTES: Minutes of the preceding meeting and the special meeting, dated May 10, 1972, were approved as recorded by the Clerk. W ENFORCEMENT: James Dormady'; Treasurer of Citizens -behind our law enforcement officers, presented and read a resolution from this group recommending an increase in the number of police officers in order to carry out a training program without leaving the Police Depdrtmen"Vuhderstaffed and the purchase,bf necessary equipment to maintain law,end rider 'and to combat illegal assembly in the city. His communication was referred to bhe'Publi:e, Seafety Committee. PUBLIC:HEART NG,a--- ZONING ORDINANCE AND-ZONING- MAP-AMENDMENTS: The Mayor opened a public hearing advertised for this time to hear persons interested in the following proposals: l ' -A~propoisal'-to amend the Zoning Ordinance by deleting subsection (3) of Sec. 9, supplementary regulations, of the Zoning Ordinance; and by amending Section 7 of the Zoning;Ordinance, District Regulation Chart, to provide for an MN-1 District and permitted uses therein. 2. A proposa3 'to' fiend the Zoning Map by rezoning Dr.' Weiner's property, located south of W. Clinton St. - an area known as the former landfill area, from an I-1 to an -1 zone"for use as a mobile home park. Dr. Weiner presented and reviewed his proposal in detail as he had dote on prior oc- cassiuns' to both-the Planning Board'anti the � onion Council.- The following appeased acid spdke"iw favor of Dr. Weiner's proposftl and,urged-epproval of'the ndments~to-permit him-to pr3ceed-itith',hie project: Levjr'9�307 Wirithr`bp Dr'. , Fiahk Hanmer, 401•Cliff 'Pk': ltd. David A1--'`Saperstone, 100 W. Buffalo St. , Joe Sady,, 412 N. Cayuga St. , Edward Smith, 3019 Hanshaw Rd., Dr -1013 N•ector- St. , Jchh Gillespie `'308, 4e' rs St`. ,-Edward`Austin,°104'CJtiea lakiard''ArnolaPASO;Campbell Ave'. , Stephen Herman, c/o Tompkins `Co. Health Dept. , Alvin Knepper, 100 Fairview Square, Grace Mitchell, 509 Spencer Rd. , William Eldmand, c/o� stona�'�.laharmacyr,' Henr'yr'•�,ar'on+;` Woolf'Lane' aa$ H`care rie sahlieaei;• Cit r' itgibeer. Ai*k`•°Yiul1 expressed'hij concern in terms Tof'`safety=oonc+erning peo ye' from the';pro pbsed $eyeYbpmen p wbti9.4 be forced 'to a'ik in'tlie 'street on W. Clint' St."due to " WOV 611 16idi t s' and-be su4b4dct,'t6 'traffib hAxiids on' ai ceopnt of tru6kis'wusingg W:' Clinton St! ' HW urged those mattes be• solved beft'►re peg tting 'the-proposed 16h� ngei r Mr. Stanley Ts'apls AA'ttorney f6'r. 'Ithaeo; '�c. Wallace ,Steel Inc., Talmage Tire Co, and others op- dosed- thg proposed chang9s p�cause his clients felt a buffer zone should be provided bit 6" :'fidriu a3'{aancl..a� 8ideixt :e2:. ., n..attari3't em some zoning•protection: After all present had an oppprtknity to be heard it was moved by Alderman Robinson; seconded by''Ai.dermeh 'Schmidt' and tiariried that tho hoar"ing-be "clbsed.' ' The Clerk repbi'Ae-& ttiat the Planani-- Boafi ''had` ,d6bmmen&d approv4:-nr the,proposed chan- ges. Re--tepo'rtL-;I also° that' Denjdbib-IfO"ah Pi�esidelit' oF'Ufs r Carp: , ha8 filed au `of ficiel' '•againbt'thee•amendment of the zoning map to rezone Dr. Weiner's property for use ' s�;'h'P'ibbile 16ie° park'. 'Mr:' iNewmeu clahimeA'that"_his' eorporation- rbpresenteid 20%'• or more"of the `area of land immediately adjacent 'to the premises -proposed for-such change. He pbiftted'out that his protest requ reil the favorable vote of three-fourths affirmative vote of the Council. -2 } (2) June 1, 1972 CODE AMENDMENT N0.8-1972: By Alderman Robinson: Seconded by Alderman Barber. �IHEREAS, a public hearing has been held by this Common Council on this lst day of June 1972 on a proposal to amend Sections 7 and 9 of the zoning ordinance of the City of Ithaca, snd WHEREAS, said amendments have been approved by the Planning Board, NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Ithaca, Nov York, and it hereby is ordained by authority of the same that the Zoning Ordinance of the City of Ithaca, (Appendix A) of the Code of Ordinances be amended as follows: 1. That Section 9, subsection 3, of the Zoning Ordinance be amended to delete the pro- vision prohibiting mobile homes and mobile home parks. 2. That Section 7 of the Zoning Ordinance, District Regulations Chart, be amended by e,dd ing thereto the following: Col. 1 - MH-1 District Col. 2 - 1) Mobile Home Parks of not less than 25 units and total area of not less than 5 acres. 2) Mobile Home Displays and Sales, except that no display shall take place within the -confinea of Mobile Home Parks. Col. 3 - 1) Parking for 2 cars per mobile home. Col. Service buildings and community facility buildings. Col. 4 - Same as R-3 district. Col. 5 - Two paved spaces per mobile home. Col. 6 - Col. 7 - 5 acres total for park 5000 sq. ft. minimum lot size. Col. 8 - 50 Sq. ft. per lot including internal road frontages. Col. 9 - 4 Col. 10- 40 ft. Col. 11- 35% Col. 12- 10 Col. 13- 10 Col. 14- 15 Col. 15- 20% Col. 16- 25 ft. Effective upon publication. AYES,. 13 NAYS: 0 CARRIED and approved by Mayor. ZONING MAP AMDMENT: By Alderman Robinson: Seconded by Alderman Barber. WHEREAS, a public hearing has been held by the Common Council this 1st day of June, 1972 on a proposal to amend the Zoning Map of the City of Ithaca by rezoning certain lands owned by,Dr, Weiner, located on the south side of W. Clinton St. , formerly known as the city landfill area, and WHEREAS, said proposed amendment has been approved by the Planning Board, NOW THEREFORE BE IT RESOT.`�1,00D, that the Zoning Map of the City of Ithaca, adopted on June 7, 1961, be and it hereby is amended by rezoning the following described property from I-1 and I-2 Diatricts to an MR-1 District: From W. Clinton St, and intersection with RR on north, going southerly along Lehigh Valley RR tracks on the west to the northerly boundary, of Southwest Park, then along the northerly and southerly boundaries of Southwest Park to a point about 800 feet from the Northeast Corner of Southwest Park, thence easterly at an angle parralel to W. Clinton St, to the flood Relief Channel, thence northerly along the Flood Relief Channel to W. Clinton St, thence westerly along W, Clinton St. to the point or place of beg3,nning. Effective upon publication. Alderman Jones reported the Planning & Development Committee recommended that just part or about 30 acres of the area - that which corresponded with Phase 3 of Dr, Weiner's project - rezoned at that time and that a buffer zone between it and the adjacent industrial area be maintained. By Alderman Jones : Seconded by Alderman Meyer. RESOLVED, that the foregoing resolution be amended to provide that the proposed rezoning of Dr. Weiner's property fr(= I-1 and I-2 to MH-1 be limited to 30 acres at this time (that is Phase 1) ; and that of this rezoned land a 300-foot wide strip shall parrallel the existing highway and be considered a: buffer zone containing no mobile homes or commercial sales. AYES: 4 - Meyer, Jones, Spencer, Henderson. NAYS: 9 - Spano, Boronkay, Barber, Saccucci, Slattery, Robinson, Cutenberger, Sc1m►idt, Rundle. Amendment Defeated. A vote was then taken on the main motion hrerinabove stated and it resulted as follows: AYES; 12 NAYS: 1 - Janes, CARRIED and approved by the Mayor. (3) June 1, 1972 Attorney Tsapis then presented and read the prepared statement by one of his clients : "I wish to go on record as stating that the objection of Wallace Steel, Inc. to the rezoning of the old City Dump from Industrial to Residential has been based upon our sincere belief that the rezoning of this particular area is ,-not in the best interest of City long-range planning nor in the best interest of our particular firm. Wallace Steel, Inc. has grown and pro^percd under our City form of government and although ire do not always agre.,e with their decisions , we have the utmost confidence in their ab- ii3_ty to administrate City affairs for the benefit of the City, which is as it should be. In view of the City Councils decision to follow the recommendations of the City P1.anning Board and re-zone the area in question, it will be the objective of Wallace Steel, Inc. to accept and abide by their decision and cooperate as much as possible to- wards a good neighbor relationship with our newone'ighbors. Our efforts will be directed toTaa.rd proving the Planning Board and City Council were right and we Were wrong." Signed Marvin J. Freeman, President Wallace Steel, Inc. At this point in the proceedings it was 9:45 P.M. and, at the request of several aldermen, ' Mayor Conley declared a recess. At the end of the recess he called the meeting to order again at 9:55 P.M. OLD LADIES' HOME: Mr. Leon Zaharis and others from South Hill Civic Assn. protested the conversion ofthe former "Old Ladies' Home" at the corner of S. Aurora and Hillview Place into an alleged 42-unit dwelling complex without having secured the necessary building permit. After some discussion it was moved by Alderman Jones, seconded by Alderman Boron- kay and carried that the complaint be refe,i,red to the Planning Board for study and report. CARRIED. SIGN ORDINANCE: Robert Williamson, attorney for Roy H. Park, asked that he be given an opportunity to be heard when the proposed sign ordinance was acted upon. It was agreed to disc-ass the ordinance at this time in the proceedings. Alderman Jones read a memo- randum from the Planning Board indicating that it had some reservations about parts of the ordinance and therefore had been unable to reach an agreement on a recommendation for approval or disapproval of the entire ordinance. The memo contained 4 pages of questions , suggestions, and recommendations which it asked be considered before final approval thereof, By Alderman Schmidt: Secon- ed bfy Alderman Boronkay. RESOLVED, .that the proposed sign ordinance be tabled for further review and consideration at the Council's next meeting. AYES: 11 NAYS: 2 Robinson, Run ale. Motion CARRIED. use At this point' in the proceedings it was'moved by Alderman Spencer, seconded by Alderman Gutenberger and carried that the Council return to the agenda and discuss items in the order listed thereon.. COMMUNITY RENEWAL PROJECT: Mr. Meigs , Plaxlnirg Director, introduced Mr. Freedlander, a Consultant, who reviewed the work his firm had done on the Community Renewal Project to date. Alderman Robinson objected because the item was not included on the agenda, but Mayor Conley overruled his objection because he felt the discussion could properly come under hearing of persons before Council. Mr. Freedlander presented maps and charts and reviewed the progress of his firm to date on the project. FIRE CO. NO: '7 - FEASIBILITY STUDY: The Clerk presented a "Feasibility- Study" to replace and augment facilities at No. 7 Fire Station. It was- accompanied by an endorsement of the study by the Board of Fire Commissioners who recommended that the project be funded in the Capital Budget as soon as possible. By Alderman Robinson: Seconded by I'.lderman Boronkay. RESOLVED, that the proposal be referred to the Budget & Administration, Public Safety and Capital Improvements Review Committee for joint study and report. CARRIED. TURN-KEY HOUSING PROPOSAL: The Clerk read a letter from the Housing Authority requesting approval of a proposed- turn-key housing project for the construction of 26 units of- hous- ing by V. & M. Realty Co. at the corner of Center and S. Plain St. Action on the request was postponed until later in the proceedings . ITHACA PAID FIREFIGHTER'S ASSN: The Clerk read a letter from paid members of the Fire V Department requesting that the Ithaca Paid Firefighter's Assn. be -recognized as their Bargaining Agent. By Alderman Reb_*ison: Seconded by Alderman Slattery. RESOLVED, that their request be aNproved and that the Ithaca Paid Firefighter's Ass'n. be recognized as the Bargaining Agent for paid men-hers of the Ithaca. Fire Department.- CARRIED (4) June 1, 1972 POLICE PERSONNEL: The Clerk read a letter from Mr. & Mrs. L. R. Kupra, 812 N, Tioga St., recommending that the Council add to the police force and provide necessary equipment to prevent situations in the future similar to the recent happenings in the Collegetown area. By Alderman Gutenberger: Seconder' by Alderman Boronkay. RESOLVED, that their recommendations be referred to the Public Safety Committee CARRIED. ✓ CITY SCHOOL DISTRICT AGREEMENT: The Clerk presented for approval an agreement between the City and the City School District covering services rendered by the City Civil Service . . Commission to the District for the year ending June 30, 1973. : It provided that the Dist- rict pay to the City a total lump sum payment of $4,483.00, payable on or before Nov. 1,1 ' By Alderman Gutenberger: Seconded by Alderman Schmidt. 11 • RESOLVED, that the agreement be approved as presented; and that the Mayor and City Clerk be authorized to sign and execute it on behelf of the City under its Corporate Seal. CARRIED. JAMES L. GIBBS APPOINTMENT: The Clerk reported'the term of Raymond E. Blanchard as a Civil Service Commissioner had expired on June lst and that other members of the Commission had recommended his reappointment. Mayor Conley announced his appointment of James L. Gibbs, 512 S. Plain St. , as a Civil Service Commissioner for a six-year term, ending June 1, 1978, to succeed Mr. Blanchard. WILLIAM J. SULLIVAN APPOINTMENT: The Clerk advised that the term of Robert J. Bruce as a 7i-re-Commissioner would expire on June 30, 1972 and that the Charter Required that such vacancy be filled at the Council's first meeting in June. He advised that his reappoint- ment had been recommended by the Paid Firefighter's Ass'n, Mayor Conley announced his appointment of William J. Sullivan, 103 E. Tompkins , as Fire Commissioner for a three-year term, ending June 30, 1975, and requested Council approval thereof. By Commissioner Slattery: Seconded by Alderman Spencer. RESOLVED, that the Mayor's appointment of William J. Sullivan as a Fire Commissioner for a three-year term, ending June 30, 1975, be approved and confirmed. AYES: 11 NAYS: 0 Abstaining: 2 - Meyer, Robinson CARRIED. CODES REVIEW COMMITTEE: Mayor Conley announced his appointment of the following persons to the newly-created Codes Beview Committee: REPRESENTATIVE OF: Edison Jones Building Commissioner Barbara Blanchard Housing Board of Review DeForest Furman Ex. Board of 'Plumbers Wilber Baker Ex. Board of Electricians C. Murray VanMarter Board of Zoning Appeals Raymond DiPasquale Board of Appeals on Building Code Richard Boronkay Charter & Ordinance Committee of Council Stuart Stein "Planning Board David Gersh City Attorney Anton J. Egner An area architect Evelyn Stamp A local realtor Vincent Giordano An area general contractor The Clerk pointed out that terms of office for these appointees should be determined as prescribed by the Council's resolution which established the Co®mittee. Mayor Conley announced his intention of doing this at the Council's next meeting. ACTING MAYOR: Mayor Conley announced his designation of Alderman Gutenberger as Acting Mayor for the week of June 5-10 due to his own absenm and that of the Acting Mayor and alternate Acting Mayor all of whom would be attending the Mayor's Conference, It was moved by Alderman Robinson, Seconded by Alderman Barber and carried that the Mayor designation of Alderman Guteuber$ar as. Acting Mayor for the stated period be approved. CARRIED. ATTORNEY'S REPORT: Attorney Gersh reported delays had been encountered in preparing a Local Law to amend the Charter to change the position of Controller to that of Controller- Director of Finance & Development,, He promised to have it ready for the Council by its next meeting. He reported that sale of lands at the Station Restaurant were still awaiting approval of the Bureeau of Outdoor Reoreation before proceeding further in this matter. I i (5) June 1, 1972 GEORGE PFANN PAYMENT: 1'_ttorney Gersh presented a bill in the amount of $200.00, re- t ceived from George Pfann, Jr. for services rendered as hssistant City Attorney for title searching relating to the proposed E. Green St. Parking Ramp,. He recommended its ap- --proval for payment. By Alderman Robinson: Seconded by Alderman Jones.' RESOLVED, that Mr. Pfann's bill be referred to the Budget & Administration Committee for review and report. CARRIED. FIRE DISPATCHERS: By Alderman Slattery: Seconded !by Alderman Barber. RESOLVED, that the City Attorney be authorized and directed to enter into negotiations with the County Attorney and/or other appropriate County officials regarding an agreement between the City and County covering services of fire dispatchers and present it to Coun- cil as soon as possible for approval. CARRIED. -. - A11NUAL REPORT - CITY CONTROLLER: Controller Spano presented an annual report for the year 1971. Copies thereof were distributed to those present. By Alderman Rundle:' Seconded by Alderman Jones . RESOLVED, that the City Controller's annual report for 1971 be' received and placed on file, V t- BUDGET AMENDMENTS: The Controller recommended amending the 1972 budget for the general fund to account for an overrun of $3,672.46 which had occured when the current city taxes © were levied. By Alderman Rundle.: Seconded by Alderman'Slattery-. '- .+ WHEREAS, this Council -di d by resolution=,. dated'May 3, .1972,'approve a tax levy as near as may be of $1,717,050.00 based on a total net taxable valuation of $100,626,238.00 and WHEREAS, the extension of the tax roll by'the City Chamberlain produced a tax levy of $1,720,722.4631 NOW .THEVEFORE_BE'-,IT RESOLVED, that the General Fund Contingent Account in 1972 Budget be 'increased from $50,000:00 to $53,672.46 to provide a balanced budget at the established tax rate of $17.10 per $1,000.00 of assessed valuation. AYES 13 i NAYS: 1 CARRIED and approved. ip The Controller recommended amending the 'Water Fund budget to correct a clerieel error discovered after its adoption. By Alderman Rundle: Seconded by Alderman Jones. WHEREAS, this` Council did by resolution, dated May 3, 1972, approve a total appropriation of $877,512.00 for the operation of the Water'Department, and WHEREAS, due to'a clericaf error, the total appropriation should have been $836,482.00, NOW THEREFORE BE IT RESOLVED, that the Water Fund Contingent`Account in the 1972 Budget be increased fro $25,000.00 to $665030.00 so as to provide a balanced budget with a total appropriation of $877,512.00 AYES: 13 NAYS: 0 CARRIED and approved by Mayor. ' `WATER`'FUND CAPITAL PROJECT: Alderman Meyer reported the Board of public Works had re- quested the..Council to establish a capital project to finance' the relocation of a 16" water main in the rear of Quarry Dorm at an estimated cost'of` $7,500:00. Supt. Dingman ex- plained this was an emergency project caused by the shifting' of supporting soil in this area: By 'Alde'rman Rundle: Seconded by Alderman Jones . WHEREAS, this Council did-by resolution, dated' May 3, 1972,' approve a. total appropriation pf .$6aAw.00 for Capital Projects in the Water Fund and; ` WHEREAS, this Council has been requested by the B. P. W. to establish a'Capital Project for the' "Relocation of the 16" water main in the rear of Quarry Dorm,1t NOW THEREFORE BE IT RESOLVED, that the Water Fund Capital Projects appropriation be in- creased from $80,800;00 to $88,300.00 and, BE IT FURTHER RESOLVED, that the amouu}t of $7,500.00 needed for this project be trans- ferred from the Water-Fund Contingent Account to the Capital Account. AYES: 13 NAYS: 0 CARRIED and approved by Mayor.' SALE OF PUMPING STATION: Alderman Meyer reported no objection on the part of the Public Works Committee to the sale of the water pumping station' at the foot of Hector St. ' The Clerk -reported the Planning Board had reviewed the matter and recommended its sale at public auction 'after a suitable upset price had been determined. Attorney Gersh felt an upset price could be determined prior to the Council's next meeting. 22G (6) June 1972 HILLICK-C.[041,N GRIEVANCE: Alderman Meyer reported the Board of Public Works had requested The Council to authorize the City Attorney to negotiate a compromise settlement with the Laborers' Union in the Hillick-Carman grievance. Attorney Gersh reported the matter had been discussed with PERB which had recommended it be settled by compromise on the basis that the amounts of health insurance premiums paid by these individuals- be refunded to them and that the question in issue'be negotiated in future wage agreements. By Alderman Robinson: Seconded by Alderman Boronkay. RESOLVED, that the Board's request be discussed in Executive Session at the close of this session. CARRIED. ,J JESSUP ROAD WATER CONNECTIONS: By Alderman Meyer; Seconded by alderman Slattery. RESOLVED, that the Common Council requests the Town of Ithaca to cooperate to the extent k of 50% of the total cost of the Jessup Road interconnection with Cornell's water cir- cuit, AND BE IT FURTHER RESOLVED, that the Common Council authorizes and directs the Department of Public Works to install an interconnection at Jessup Road between Ithaca's water sys- tem and Cornell's water system no later than September 1, 1972 at a cost of not to ex- ceed. $7,500.00. The,,�uperintendent felt this an unwise mpye and asked that action thereon be delayed pending some more information on the Subject and a better understanding of the problem. Mr. Hannan, Assistant Superintendent, presented and read the following prepared statement: "Jessup Road Water Connection from University System to City System Despite two reports from me indicating a number of reservations which would make this hook up an impractical solution if we are faced with either drought or cat as trophy, neverthe- less we seem to be on the verge of making the hook-up regardless of consequence. "Once again I repeat that, yes we can hook the two systems together, and yes the Univers- ity plant can put water into the City system, but please let us take another look at the possible dangers of such a hook-up. These dangers were mentioned in my reports but not emphasized because with my limited knowledge of the University system I really did not , and do not feel qualified to make factual predictions as to its weaknesses. "Again, because of the difference in pressure between the two systems and because of the pipe layout, the proposed hook-up will demand a million gallons of water per day from the University system. Because this demand will be created by the pumps, which are non- adjustable , t would expect that if the University pipes , pumps, or tanks are deficient il'"'` any way that the effect will be to empty the pipes of the University system or worse to cause low pressure difficulties with fire alarms, automatic toilets , shavers and dish washers and laundries. This would occur because the proposed Jessup Road demand is in the lower part of the University system and, of course, would empty out the upper parts to satisfy the demand. "The million gallon a day demand will force the University into about a 40% in-crease at a time, early in the school year, when both their population is at its highest and when the weather is such as to create the highest demand per capita. Since this is an un- reasonable demand to place on any system which has just grown to meet the immediate needs I would suggest that we ask the University to run tests now while water is available and population is at its lowest so that we can avoid some unpleasant difficulties when the chips are down and no� alternatives are available. "We believe simple fire flow tests covering sustailed quality as well as pressure reactions would give both the University and our own fire department and water department personnel an insight into what practical problems might arise. "I would suggest that 'these tests be made before money is expended 04,what I actually believe is a most unwise connection." Signed V. P. Hannan Asst. Superintendent By Alderman Spano: Seconded by Alderman Saccucci. RESOLVED, that thei ftiregb"ing motion regaroing,,�49,J4essup, Rd. water connection be tabled until the next meeting.' AYES: 9 - Spano, Boronkay, Henderson, Barber, Saccucci, Slattery, Gutenberger, Rundle, NAYS: 4 - Meyer, Jones, Robinson, Schmidt. CARRIED. Spencer. By Alderman Meyer: Seconded by Alderman Slattery. RESOLVED, that the Board of Public Works be requested to make a study of the proposed Jessup Rd., water connection and report thereon to the Council at its July meeting. Alderman Robinson objected because the item was not included on the agenda for this meet- ing. Mayor Conley overruled his objection since the matter was related to the prior resolution. AYES. 12 NAYS: 1 - Robinson. CARRIED. I 1 (7) June 1, 1972 REAPPORTIONMENT: Alderman Slattery reported the report of the County Reapportionment Committee would be the subject of discussion at another meeting of the Intergovernmental Committee with County officials . ADDITIONAL APPROPRIATIONS: Alderman Meyer reported the Board of Public Works had requested an appropriation of $500.00 to budget account F-8330, Water Treatment Plant, to provide for necessary travel expenses. By !'alderman Rundle: Seconded by .Alderman Boronkay. RESOLVED, that the sum of $500.00 be and hereby is appropriated from Water Fund Contin- 6ent Fund, Account F-1990, to Water Fund budget account F-8330-433, Water Treatment Plant, to provide funds for Donald Terrell, a water treatment plant operator, to attend the F-merican Waterworks Association Conference in Chicago from June 4th to June 8th. AYES: 13 NAYS: 0 CARRIED and approved by Mayor. Alderman Meyer reported the Board of Public Works had requested an appropriation of $370.00 to Sewer Fund Account G-8120, Cherry St. Pumping Station, to finance the cost of equip- ment damaged by an electrical failure. By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the sum of $370.00 be and hereby is appropriated from Sewer Contingent ,yc Account #G-1990 to budget account G-8120-6-418 in the Sewer Fund, Cherry St. Pumping Sta- tion, to finance the cost of equipment damaged by an electrical failure. Ste.] AYES: 13 NAYS: 0 CARRIED and approved by the Mayor. Controller Spano reported a deficit in the amounts budgeted for retirement purposes in both the Water Fund and the Sewer Fund and action was taken thereon as follows: By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the sum of $1,412.00 be and hereby is appropriated from Water Contingent account F-1990 to budget account F-9010 , State retirement account, in the Water Fund to finance a deficiency in the original budget for this purpose. AYES: 13 NAYS: 0 CARRIED and approved by the Mayor. By Alderman' Rundle: Seconded by Alderman Schmidt. RESOLVED, that the sum of $947.00 be and hereby is appropriated from Sewer Contingent Account G-1990 to budget account G-9010, State retirement, in the Sewer Fund to cover a deficiency in the original budget for this prupose. AYES: 13 NAYS: 0 CARRIED and approved. WARNER, BURNS, TOAN & LL)NDE PAYMENTS: By Alderman Rundle: Seconded by Alderman Jones. / RESOLVED, that invoices dated April 1, 1972, in the amount of $1,065.40 and May 1, 1972, in the amount of $1,551.75 ,payable to Warner, Burns , Toan & Lunde for architectural ser- vices on the E. Green St. Parking structure, be approved and ordered paid out of the existing funds in the Capital Project - "Ramp Garage." CARRIED. AUDIT: By Alderman Rundle : Seconded by Alderman Jones. RESOLVED, that the bills audited and approved by the Finance Committee in the total amount / of $416,945.26, as lirtted on Audit Abstract #5-1972, be approved for payment. CARRIED. MOBILE HOME ORDINANCE: Alderman Robinson presented and recommended for adoption a proposed f mobile home park ordinance. Several aldermen objected to action at this time since they did not have an opportunity to examine the ordinance in its final form. By Alderman Slattery: Seconded by Alderman Barber. RESOLVED, that the final draft of the proposed mobile home park ordinance be received and voted upon by the Council at its next meeting, either special or regular. Alderman Robinson objected to the proposed delay because he felt the developer could proceed under terms of the present ordinance. Mr. Weinstein, attorney for Dr. Weiner, the developer, assured the Council that his client had no intention of taking any action prior to the Council's next meeting. AYES: 12 NAYS: 1 - Robinson CARRIED. SALE OF LAND - FLORAL AVENUE: Alderman Jones reported that the Planning Board had recom- mended the sale of a strip of city owned land adjacent to 441 Floral Avenue be sold at public auction at an upset price to be determined by the City Attorney. Attorney Gersh reported he had received an appraisal of the property in question but that the parties -6_t-:. ^e:+?d in its purchase had a- dvised the appraisal was in error and asked that the 11_ w _... 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YORK &PIAL. Ni �:TI3G 7..30 P.iv . June 21, .1972 PRLSEOT Mayor - Conley ,`.ldermen - i:,eyer, ITichols, Jones, 3oronkay, Henderson, . Barber, Saccucci, Slattery, Robinson, Gutenberger, Bundle, Spano. r ABSENT: Spencer GTH 8R:a. P F«:S F.N T °_A tb7, y - Gersh controller - �pano Youth Director - Cutia Dep, Bldg. Comm. - Boda 1-Asst. Fire Chief - Fairbanks Dep. Clerk Grey j t: .,.. those present stood and were -led in the pledge of allegiance to . the flag by the N,ayor. t• MI UTLS: The minutes of the last meeting were corrected as follows: X COUNTY PARKS AND RECREATION COiVIIViITT2E: By Alderman Slattery, seconded wby alderman Boronkay. � RESOLVED: That the minutes of the meeting of'June 1, 1972. be corrected to show that he had,written to a member of the Board of Representatives `1 ' in•, an .effort to7-, set up a, meetings to lead to a County7,Parks:-and Recreation meeting. He .h� ,not received arty response to hi)k.,=.letter and no member of the: Board of :ilenresentatives showed up at th.e meetinG.. _ . ­', z Carried The mihates..,as recorded by the-; clerk were then appr6ved with this cor- rection. I"AR ING 5 OF PcF,SOtd: i�iayor CQ.ley said he would recognize Robert 11illiam- son when the sign ordinance comes up, David Saperstone when the Dewitt zoning cones up and Dr. ".1einer and Fred Weinstein when the Mobile Home Ordinance comes up for discussion. vCENTRAL -SCHOOL: The clerk read a letter from the Greater IthacavAOtivi- � a.ties tenter reassuring the •city that they are ready to operate the:'£enter under the agreement submitted to the Human Resources Committee, subject T1"? ;to modifications as felt-advisable by City ,Attorney'Gersh and ..tho' Activi- iesQenter Attorney D. Boardman- Lee. +'A; e r;was read by the clerk from Verrill Shipherd of the United -Fund r0(11 '6iv�ind+.3his 1 e6dorisergent to the Greater Ithaca Activities Center and reaf- firming the United Funds back up committment. t CA$S PARK: The clerk read a letter from Richard D. 14iles, Town of Brigh- ton supervisor asking forr information on how the Cass hark project;.iyas Dgveloped, cost of project -and if community was satisfied with the overall 6§eration. Mayor Conley referred this to Youth Director, Cutia and� Con- 'Itrol'ler Spano, for dli;.wering. sSALE OF PROPERTIES: ;Attorney Gersh reported that he had heard from the � ''qa' h ngton office of the Bureau of' Outdoor Recreation on the city prop- adjoining the Station Restaurant and was now communicating with the Albany.-,:Office. On•ihe, Flora,l Av'en Property the appraiser had submitted the wrong,, price as h6- had hot' been informed that the city had a right of way over this property. He had resubmitted an appraisal of : 300.00 for an upset, price. On the dater pumping station property the New York State Electric &. Gas has.;;-,qff ered 02500.00. ,.. By Alderman ,ones:: Seconded by Alderman Boronkay. ' G JHLMEAS, a' request has been received for the purchase of. a parcel of land adjace_rIt '.o4) the south to 441 Flora-.l Avenue, and 4JHEREASi tIa& Board of Public' Works:hes advised that this parcol 'of land is not T:e'eded�ftr city purposes; and; has therefore recommended its sale, aAhd°� - :JHEREAS, the Planning Board has - also recommended the sale of this property, 24 -2- June 21, 1972 NO',I THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca, New York, hereby approves the sale at public auction, under the direction of the City Clerk, of said parcel of property which is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAID situate Description of Land to be Sold All that northerly portion of a parcel of land on Floral Avenue and listed on the 1972 tax assessment map of the City of Ithaca as 99-8-12 between the center line of a drainage creek and the northerly line of said parcel; And reserving for the City an easement extending from the center line of the creek to a line ten feet northerly parallel with and measured at right angles to the top of the creek bank for the purposes of maintaining and repairing said drainage creek; And subject to such description and measurement as a survey may dis- close. TER11iS OF SAL The successful bidder shall pay at least 10;, of his bid at the time of the sale and the balance thereof to be paid at the time of delivery of a Quit Claim Deed to the property. No bid. for less than $300.00, plus the cost of advertising this sale, will be accepted. The right to reject any/or all bids is expressly reserved, and BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and hereby are authorized to sign and execute, on behalf of the City under its Corporate Seal, a Quit Claim Deed to said property to the successful bidder. AYES: 13 NAYS: 0 Carried and approved by the Mayor 'IATM PUMPING STATION: WESEAS, a request has been received for the purchase of the plater pump- ing station at the foot of Elm and Hector Streets, and 'l-1EE'1EAS; the Board of Public works had advised that this parcel of land ` is not needed for city purposes, and !IHEREAS, the Planning Board has also recommended the sale of this property NO1,4 THEREFORE BE IT RESOLVED, That the Common Council of the City of Ithaca New York, hereby approves the sale at public auction. under the direction of the City Clerk, of the said parcel of property which is more particularly described as follows: '' • ALL THAT TRACT OR PARCEL OF LAND Situate In the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at an iron pipe in the west line of Hector Street 16.7 feet northerly from the intersection between said line and the .vest line of Elm Stre t; thence north 72'004' west 50.6 feet to an iron pipe; thence north 119' east 45.6 feet to an iron pipe at the foot of a cliff; thence south 72t04' east 33, 1,feet to an iron pipe in the west line of Hector Street; thence south 637' east along the west line of Hector Street 50 feet to the place of beginning. Being a portion of the lands conveyed to the party of the first part by deed of Augusta H. 'lilliams, dated Way 9, 1945, and recorded in the Tompkins County Clerk' s Office in Book 277 of Deeds at page 198. TOWS OF SALE: The successful bidder shall pay at least 10.5 of his bid at the time of the sale and balance thereof to be paid at the time of delivery of a Quit Claim peed to the property. No bid less than $2,500,1.` plus the cost of advertising this sale will be accepted. BE IT FURTHER RESOLVED, That the Mayor and City Clerk be and hereby are authorized to sign and execute, on behalf of the City under its Corporate Seal, a quit Claim Deed to said property to the successful bidder. AYES: 13 Nayes: 0 Absent: 1 - Spencer Carried and approved by the Mayor 2 -3- June 21, 1972 NAVAL :REScRVE CENTER: Attorney Gersh reported he has been in contact with the Navy department and -has a letter that the buildings are excess and available for disposal as soon as the Navy Department makes an apprais- al value of the property. They will let him know as soon as this is done . DIEMOND CLAIM: Attorney Gersh reported 'that the Appellate Division courts had upheld the city and denied the claim undtjr the- Volunteer Firemans Law of James Diemond, agreeing that this claim be paid by insurance. LOCAL LAMS: Attorney Gersh reported that he had been notified by the Attorney Generals office that Local Laws 14 1 L 2 pertaining to the Board of Public forks are valid. COLLEGETOWN DISTURBANCES: Attorney Gersh reported the city had a suit against it alleging misconduct of various officials at the time of the Collegetown disturbance. He felt that this should not be discussed at this time. CITY CONTROLLER-DIRECTOR OF FINANCE & DEVELOPMENT.: Attorney Gersh rec- OG ommended that the title of Controller should not be changed but that C the duties could be expanded to cover anything the council wanted. He advised that the title of Controller should be kept as is and duties expanded. MONTHLY MEETINGS The Mayor reported that he was of the opinion that the Common Council could not complete its business within a reasonable -- length of time in. a one day a month meeting and that more meetings for a-.shar_te.r pexiad__o.f: .time would be in the best interest of the legislators and the city of Ithaca. Mayor Conley felt that there should be two meet- ' ings per month, that said meeting should not last later than 10:30P.M. , that any item which is not considered should be automatically carried over to - the next meeting. The Mayor of the City of Ithaca should be responsible for listing, priorities on the agenda . The Common Council should approve the Mayors submitted agenda prior to each meeting and that the Comm,on<Countil meetings should be the first and third %iednesday of • each month at 7:30 P .M. in Common Council Chambers. By Alderman Robinson seconded by Alderman Boronkay RESOLVED: That the Mayors request be sent to the Charter and Ordinance Committee for study and report. Carried GEORGE PFANN INVOICL: By Alderman Rundle, Seconded by Alderman Jones..- RESOLVED, that the invoice dated May 24, 1972, in the amount of $200.00 payable. to Sovocool, S ovocool and Pfann for title searching relating to ' the -proposed E. Green St. , Parking Structure`be approved and- ordered paid out :of. the existing funds in the Capital Project "Ramp Garage" : Carried INTERVIE:°1 EXPENSES, Alderman Rundle explained that applicants for the ✓ job of controller had been narrowed down to 5 or 6 applicants. He felt that they shduld=be reimbursed:. for travel to the city and other expenses incurred in' c'om' in' g for an interview, at the citys request. ' Alderman Aobinson' questioned whether this was legal or -not. Attorney Gersh re- ported-that Albany'-had told him it could be done if authorized by the council. By Alderman Rundle, Seconded by Alderman Jones . RESOLVED: ' that travel expenses incurred by applicants being interviewed for' the Position "Controller" be �approved and ordered -paid out of Account A_1315=433 - Controller travel and mileage: £ Ayes-. 12 Nayes: 1 - Robinson Absent: 1 - Spencer 226 -4- June 21, 1972 HA11DICAP DAY CAMP PROGP"ii: Alderman Rundle reported that the Finance Committee had received a recuest for enter into an agreement �.vith Tompkins County iviental Health Board for operation of a day camp for handicapped children and Youth director Bob Cutia iwas here to answer any question. Mr Cutia spoke on the program where the city would be reimbursed 30,o by the county and there were local donations coming in. The cost to the city would be approximately $1300.00. Alderman Robinson felt this was another time ,,,✓hen the county should be paying the entire cost as this , should be a county function. :'alderman Slattery said that the county Board of Representatives had been contacted and a meeting was being set up to discuss the youth programs. After much discussion Alderman Rund1G� presented the following resolution. By Alderman Rundle, seconded by alderman Schmidt . RESOLVED: That the City of Ithaca is willing to enter into an agreement with the Tompkins County Mental Health Board to provide for the operation of a day camp for handicapped children for t ?oriQd of July 10, 1972 to August �! , 1972 by the Youth Bureau and. TEAS, the City will be reimbursed v✓ith,, 30:J' of the expenses by the county, Now therefore be it resolved, that an ;appropriation in the amount of :P,530 e provided by transferring from Account A-7310-3 - Cass Park Pool and Rink to Account A-7310- A Youth Program and BE IT FURTHER RESOLVED, that the City Attorney review the agreement between , the City and Tompkins County Mental Health Board and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City under its Corporate seal. Carried . V NEIGHBORHOOD DEVELOPMENT PROGRAM: Alderman Jones reported that in re- sponse to CRP program and its early action objectives, the planning com- mittee has discussed the preliminary application for a Neighborhood De- velopment Program on the Northside and the Southside, and also a code enforcement program. One'-early neighborhood meeting has been held on they Southliside in May and another is schedule_ d_for June 25th. These ap- plications will caiis furtfi.O'r review to the Planning Board and Common Council. Thor,,. may :.a a meting to be held- on the Southside on July 1972 at 3:00 P .&i. .ac the South,side Center. It was felt that pending neighborhood :approbation it .wuzQi ld be vise to seek council recognition of the work ,.being done and to'-.receive council approval to continue with the prelim n�a�.y,:Via�olications . By Alderman Jones, Seconded by Alderman Nichols: RESOLVED: That-_the,. Common Council approve these projects contingent upon the combincid':,approval of the neighborhoods, Carried. DaViNTG';N BUSINESS DEViELOPME:NT COWMITTEE: Alderman Jones reported that she had been working as chairman of a Downtown Business Development group at their request in an effort to revitalize the Central Business District, along with Mayor Conley. She felt it was time that this group should . have official recognition and status and that the Mayor appoint a Common Council Development Committee, -By Alderman Jones, Seconded by Alderman lviayer RESOLVED, That the Mayor appoint a Downtown Development Committee with . this committee being empowered to define the responsibilities of the �. city and the business area , to work with the planning and Public Works - departments and to make recommendations thereon to this council for the design, construction and method of funding the State Street Mall project. Carried `� ROTHSCHILDS - CALDI'JELL DEVELOPMENT: Alderman Jones reported that the Planning and Development, committee had recognized the problems created by the ..proposed Rothschild-Cald:vell Development and compounded by the State,,.,-Street Mall project- under consideration and felt that this committee shotA , 19ok into the funding and traffic problem that rill be created. By Alddrrman Jones , seconded by Alderman Schmidt . That the Planning and Development committee investigate sources and types of funding for the Engineering solution to the overall traffic �'. circulation dilema through the Central Renewal Program consulting firm 227: -�- June 21, 1972 of Raymond Parrish and Pine and that such information h' relayed, t,o the Common Council at its July meeting to study and act upon. .Carried CAPITJ'kL r 1OJECTS: Alderman Jones reported that the Capital projects should ba 'appraised in July and October with the exact status of all capital projects under %-ray, such as date started, actual expenditures etc. This ­.rould help tii,: Capital Rc:.view committee to better carry out its functions. I The Finance committee should take a long loot: at . the Capital Projects as to 3onded indebtness for the future. 3y Alderman Robinson; Seconded by Alderman Boronkay_ 2SOLVED; :That the Superintendent be requested to rive to the Common Council; in writing, in time for the July and October, mebtinc�s­,of the Common Council the Dxact status of all Capital Projects under construc- tion and, BE It FURTHiER RESOLVED, that the City Controller be requested to" 'give to the Common Council, in writing, in. time for the July and October meet- ings of the Common Council, the exact expenditures of each capital pro- t"' ject under construction. 0G Carried C W !, SIGN ORD-INAVCE: Alderman Robinson informed the councilmen he had put copies of ' °the sign ordinances on their desks . . He revieurred the changes dv that had been made. Robert lilliamson, attorney for Park Aertising was recognized by the Mayor to speak on the subject. His one objection to the ordinance was no sign within 300' of each other. He felt this was not right as the highways aere not 300' across and this would limit putting a sign on one side of the road and one on the other'. They had . checked other cities with sign ordinances which did not have this limit. Alderman Robinson told him the Charter and Ordinance committee .a'nd the ; Planning Board had taken a look at this and reviewed it but did not feel it was restricted. Attorney Gersh reported that he had been asked. if Alderman Robinson had' a conflict of interest in the, sign ordinanc;o and he did not feel after looking into it that there was a conflict of inter- est. ' He felt that Alderman' Robinson ,vas a staunch proponent of billboards. By' Alderman Robinson, seconded by .Alderman Rundle. RESOLVED: That the sign ordinance presented by the Charter and Ordinance committee be adopted. Alderman Gutcnberger objected to this as they did not have time to look it over and. digest it. By •Alderman 'Gutenberger, seconded by Alderman Schmidt. R.cSOLVED, that the sign ordinance be tabled until the July- meeting. AYES: 11 WAY ES: 2 Rundle - Robinson MOBIL HOME ORDINbtNCE: Alderman Robinson reported that he Izad ,.put the � 14obil Home Ordinance on thy: aldermans desks. By„Aldorman Robinson, seconded by Alderman tiundle. 1.2SOLVEJ: That the Mobil Home Ordinance be adopted a`s presented. Several aldermen objected that they did not have time to study this ordinance. By Alderman Robinson; seconded by Alderman Nichols RLSOLVED: That the i4'iobil Home Ordinance be tabled until the naxt meeting. Carried REZONING' DE rJITT BLOCK, 'ulilliam Downing spoke on the rezoning. of. the Dewitt buii-ding and felt it was in the character of the neighborhood: ao rezone it from a . B-1 to , a B-2. i�avid Sapeistone spoke against the rezoning as it was not in' the best interests of the surrounding businesses. W .„ By A'Ideimarr Robinson; seconded by Alderman Nichols.. Z RZSOLVEd ' that a public hearing be held on July- 26, 1972 in the Common Council Chambers at 7:30 P .,M. for the purpose of rezoning, the Dewitt B1ock -fiom a B-1 to -'a B-2 to allow a restaurant to be part o.f the complex. Carried DR. VlEINER: Dr. 'Veiner requested to be heard on the Mobil Home Ordinance affecting his proposed mobil home housing. The i►ayor recognized him. ._ 2 . _6- J unc, 21, 1972 1-I thanl.ed the: Common Council for alA the hard pork they had' dons:: in putting tog;:trer the ordinance but critiz. d ahem for postponing the passing of it. Alderman Slattery told him there .vas some questions unanswered about the plumbing requirements and that the rulos and r, gulations of the Board of public ilorks did not apply to mobil homes . i,ldorman robin- son said that section 12 of the ordinance would cover most of the ques- tions. Mayor Conley felt that this was a case wh::re it_Moved too fast so that all of those who w::ro concerned did not et :a: chanc,� to question a1.1,0 of the aspects of the ordinance. Alderman Slattery felt this could be cleared up by the next meeting. Dr. VIc-iner asked that he meet 4-Jlth the Charter and Ordinance Committee to clear up the points in question. i;CCLSS TO CITY HALL: :.ld,2rman Robinson -spoke on cattinc keys to City Hall so that the ald,,rmen could schudul m&etincs , of their committ:;es and have a Mace to mint. IIu cites an u,camplu Oh(- ru his commit Lee could not meet until they had located a janitor ijjhich tool, up a half an hour of their time, as all doors �tler,. lockud. He felt that tht aldermen should have access to the council chambers. By (.1derman Robinson, seconded by :",lderman Nichols RESOLVED: That the aldermen bu given keys to the City I-Iall front door, Council Chambers , and the Board Room. At this point in the proceedings ,'.ldarman Spencer arrived at 0"j P.ivl. i%fter much discussion by Alderman Spano, seconded by Alderman Barber, RaSOLV c0, That the foregoing motion be tabled. A roll call vote resulted in the; following: ":YES: 3 - Barber, Saccucci, Spano 04"IY .S: 10 - Meyer, Hichols , Jon es, Boronkay, Henderson, Slattery, Robinson, Gutenberger, Schmidt, ^undlo A35Ti,IN: 1 - Spencer Motion to table defoated. .',s a result of this it was decided to withdra.a the original motion and take them one at a time. By Alderman Robinson, seconded by �.lderman Nichols """'"' RESOLVED, That the aldermen be divan keys to the front door of City Hal roll call vote resulted in the following: /%YES: 7 - ivi yer= .. Jones, Boronkay, Hend:.,rson, Robinson, Rundle, Nichols I\I.'.YES: 6 - �­S-W-j d r;T'Barber, Slattery,. Gutenbercer, Schmidt, Spano ABSTAIN: 1 -. �c.4cci Carried By Alderman Robinson, seconded by Alderman Nichols i I'.-.SWED: That. the aldermen be given keys to the Mayor' s office. A 'poll call ote resulted in the following: .`,YES: 7 - Meyer, Pichols, Jones, Boronkay, Henderson, Robinson, Rundle NtAYiS: 6 - Spencer, Barber, Slattery, Gutent7erger, Schmidt, Spano °,i3- STAIN: 1 - Saccucci Carried By "Iderman Robinson, Seconded by Alderman Rundle R!-SULV LD: That the aldermen be given keys to the fire door of the third floor of City Hall. i, roll call vote resulted in the following: ,'.YES: 2 - Robinson, Rundle di,YES: 11 - Nleyer, Nichols, Jones, Spencer, Henderson, Barber, Slattery, Gutenberger, Boronkay, Schmidt, Spano JABSTAIN: 1 - Saccucci Motion defeated. ✓ 4AT3P i",GFiZEMENT: "alderman Slattery read a letter from the e-w York State Department of Health in regards to the applications for water by Ithaca, Lansing, Cayuga He:ichts and Drydcn. It specified that the State Health„„, Department can support only projects that consider the area as a 1,vhola J must object to all projects that appear to ignores any ;cart of the total picture. If the: projects outlined in tho current water supply applicat-_ s represent the first phase alternative; to the recommended project of C.1114S-,39 then all parties involved should prepar and pass a resolution to that effect and should also issue a statement in support of the application submitted by the other party. Only after receipt of such notice of con- currence can the Health Department support either project. After much discussion the folloL.,jing resolution was presented: By AldDrman Slattery, seconded by .`,lderman Schmidt RLSOLV°. : vkiereas the municipalities of the City of Ithaca, the Towns of Ithaca , Dryd:2n and Lansinc, and th ; Village of Cayuga Heights recognize that a serious .rater supply nl. od exists in the respective municipalities,', an:.' t: -at 0 f mat ..,x ='=m so tien on 2 29 -7- June 21, 1972 a. This Council recognizes the need for areat.,✓ide planning as it re- lates to public water supply. b. This Council acknov✓ledges the findings and recommendations of Com- prehensive Public 1-later Supply Study No.-39 . c . This Council supports and endorses an area-wide masterplan for public water supply via the following stages: 1) Immediately guarantee the City a reliable source of 7.0 mgd by constructing the Inlet Project as an additional/emergency supply. 2) Construction of a 6 .0 mgd treatment plant at Bolton Point as soon as possible with ;provision for future: ex;)ansion. 3) r.bandon Este-Is Point supply Sr✓hen' Dolton -Point.„Source is fully operational at 6.0 mcd. d. This Council accepts the objective 'of developing, with the munici- palities noted above: , a joint intermunicipal management agreement ,,vhich will, concurrently with the design of the 3olton Point source, produce an intermunicipal arrangemant for the development, main- tenance, operation and overall management of the source, treatment t- and distribution facilities in the joint intermunicipal areas. x and, BE IT FURTHEM. RESOLVED: That this Common Council hereby supports the Towns of Ithaca, Dryden, Lansing and Village of Cayuga Heights in its Vlater Supply application in the interest of intermunicipal cooperation - and I so move - A roll call vote resulted in the following: AYES: - 13 14AYES: - 1 - Robinson R&iPPORTIONMENT: Alderman Slattery reported The Intergovernmental Re- lations committee and Reapportionment Committee were having a meeting on June 28, 1972 at 7:30 P .M. in the Board of Representatives Room of the County Courthouse in regards to the proposed reapportionment Play for Tompkins County. He felt that all that could should attend this meeting. BOYNTON-CENTRAL: alderman Nichols reported that the lease from the School District to the City for Boynton-Central was being negotiated in its final details, and should be ready for the July meeting. Robert Cutia , Youth Director was here to answer any questions in regards to the Greater Ithaca Activities Center. Attorney Gersh reported that General Municipal Law 244-B gave the city -the right to lease from the School district the property and the city in turn could issue a license to Greater Ithaca "activities Center. D. Boardman Lee, attorney for the School District, said they would sell the property to the city but that the city had in- formed them they did not want ownership. Alderman Robinson felt that the facilities should be owned by the city as long as they were spending money on it. Director Cutia reported that the United Fund, Social Ser- vices League and GI {C would accept the full responsibility of the building. That no major inprovements would be made without the consent of the city. ” The primary purpose of acquiring this building was to replace the North Side house and to put it back on the tax rolls. Alderman Barber wanted assurance that a 30-day cancellation clause would not be exercised. By Alderman Nichols, seconded by rlderman Barber, RESOLVED, that this Common Council endorses the price and concept of The Greater Ithaca Activities Center and, BE IT FURTHIM RESOLVED, that the city attorney proceed %rith his negotia- tions with the Ithaca City School District for the use of the Central Elementary School to finalize the agreement. roll call vote resulted in the following: AYES: - 13 - • ABSTAIN: - 1 - Robinson There was some question on an abstaining vote. i,lderman Robinson re- quested the City attorney to check Eoberts Rules about an abstaining vote. -3- June 21, 1972 CHIEF OF POLICE SALARY: ,;lderman Robinson once again expressed his opinion that the Salary of the Chief of Police would be on a par :vith the Superintendent of Public forks and the Controller. BUDGET: i;lderman Robinson reported the reason he voted against the final budget was that he felt the revenues were underestimated and that the tax rate was two to three dollars higher than it should be. MOBIL HOiviE ORDIP,"I"CE: Alderman Barber felt that the changes on the or- dinance would be made be£,brd"thy next meeting and that -the ordinance could be voted on at the next meeting. OPEN CONT,Mg2R L:,J; ;',ldorman Gutenberger reported on an Open Container Law that regulated drinking in the streets. He felt that this might help with our problem in Ithaca . By ,'Ilderman Slattery, seconded by ,'alderman Barber . RESOLVED: That an ordin-qnce regulating drinking in public be looked into by the Charter and Ordinance Committee. Carried PARKING '.LEST SENECP, STREET: . 'ilderman Barber reported that he had com- plaints that since the two hour parking had gone into effect in the three and four hundred blocks of .We.st Seneca Street that the all day parkers had moved to the five hundred ' block and the businesses there were now complaining. Mayor Conley declared a five minute recess, at which time the Council would meet in executive session. He told the clerk to leave as he was a member of one of the unions., to be discussed. EXECUTIVE SESSION: ;'attorney Gersh was appointed :'acting Clerk. ✓ LEON NE1,1HART: The grievance of Leon,, N.ewhart was discussed in regards to Health Insurance benefits over the..,maximum allowed by council, rlftez much discussion by Alderman Boronkay,.,,�,,5econded by jllderman Jones RESOLVED: That health insurarkce benefits available to Leon Newhart be established at ;3,911,40, d ective ,4,q�nuary 31 1972, the date of his retirement + • ' Carried. .! OFFICE NIMAGER POSITION: The position of Office Manager in the '.later and Serer Division was discussed as to hold a promotional exam or an open ' competitive exam. After some discussion by Alderman Boronkay, seconded by Alderman Jones RESOLVED: That the Civil Service Commission be requested to hold a pro- ' motional exam to fill the position of Office Manager in the Water and Sewer Division. Carried HILLICK & C1:RiVIEN GRIEV,`NC; J'Ster some discussion of the matter, no action was taken. HILDA HUTSON GRIEW NCE: After some discg4'sion of the matter, no action was taken. On motion, the meeting adjourned at 11:45 IVI, • i F Robert G. Grey�� Dep,,� Cit -\' Clerk Edward J. 0onley, Jayor 1 •. ' I 2 -.. COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. Regular Meeting TOO P.M. July fir 1972 PRESENT_;. i�L^yor - Conley Aldermen. (13) » Nichols,, Boronkay, Spencer, Henderson, Saecucci, Barber, Robinson, Slattery, 'Gutenberger, Schmidt, Rundle, Spano, Meyer. ABSENT: Alderman - Jones OTHRRS PRESENT.. . Attorney - Gersh Fire Chief - Weaver Police, Chief' - Heraon Comm. of Public Works Clynes 'C Bldg: omm - Jones ControUer » Span Io Deputy Bldg. Comm. - Boda Clerk - Blean All 'those stood and were led by the Mayor in a pledge of allegiance to the American ' Flag 0C 0 MINUTES,: Minutes of the -last regular meeting, dated.June 71h, were approved;:es ,re.gQ.rded ►, � by . he. 'Clerk. - <;� CLIN1'ONHOTEL; Mr. Roberts, Chairman, of the Landmarks Preservation Commission, in k formed members of Council that the Cattmission would hold a public hearing at 7:30 P.M. .. in Council Chambers on July 17, 1972 to discuss the preservation of the Clinton Hotel as o.1.storie, landmark. CODES RRVIEW COMMITTEE: Mayor Conley announced terms of members of the Codes. Review V Committee as follows: One-Year. term;- ending DIc. ,31, 1972 Evel yn Stamp . . : 4ilher Baker' )Deforest:Furlep ; Barbara Blanchard _ T4q year .term ending Dec. 31, 197 Aavid Gersh k. F Richard.. Boronkay -Vincent Giordano C. Murray VanMarter Three-year term-ending Dec. 31, 197 : Edison Jones Anton Egner Stuart; ,Stein Raymond di Pasquale ii 1V ROtTMEN .i' COMMISSIONS ANNUAL REPORT: The Clerk presented and'rend ari ariaual. report for 1 TirpresQntet ,by the ,Environmental Gtommissi 6. It waa rice ved auc brdere ; filed. CHARLES' M. WEAVER: Mayor Conley announced his -appointment of Charles M, Weaver as a member'-Qf' thee°`Negot'ieping'Cotmi ttee=for a`term ending`Dec; 31, `1973;': *64U6ceed 46hz L' Aussetl ttho had resigned. -T Mayor eonley:presented°°M Weaver with a certifliastei `iseued t3y Y�:`%.',5 QdnlerenCe'of Nta¢ors re cogni zing`his 25` years or more 'of service to the City b;it Tthaea FL-dbb REPbTd 'Mayor Conley made a brief report of flood conditions ,in the area in#A- catin,g-that the lake level had receded 2/10 of an inch and that everything, possible WAS being dbae-=to reduce it`,f'vrtY�4r � ttiet`l-t 4oaff to-'an hdclitiojial t ox"13'dsjrs`'before any significant difference ,would be noted,, and that i.t. would take at least 30 days to bring` t`down 'to'normal:=lever: IIe 'reportecY``a tdtai $9,15+.76 bad been collected to date for flood relief and that a trip by maydrs'oi` °surrounding areas were going to Elmira, C rntng, and Horseheads an July 6P to'inike an inspection of the damage in those areas . - z Attorney"Oersh"repbrted`t'Piat°'local Mielrchdrits haA gWpliiu" about t1ftd damaged cloth- ing fng`bro tit ft'tilft outs3 de ;areas, and oitotd,f0irsiieln, Ithaca. 'fie izi(3ic&fed that anyone conducting such sales, other them`loadl merch�W6U, wo%4!d be subject to licensing as transient retail vendoray ' ZONING MAP AMENDMENT: Copies of a letter from Wm:' S Downing, Jr. were distributed to the Aldermen which requested a change in zoning for the rortion of the block containing the former DeWitt Junior High School, now DeWitt Park Apartments, from B-1 to B-2. It -wras noted thpt his request would be the subject of a Dubl_.c hearing to be held on wm- 3°° (2) July 5, 1972 July 26th. GREATER ITHACA ACTIVITIES CENTER: Alderman Nichols recommended approval of an agree- ment between the City and the Greater Ithaca Activities Center, Inc. , covering the development and use of the former Central School building and properties for neighbor- hood recreational facilities. By Alderman Nichols; Seconded by Alderman Meyer. RESOLVED, that the agreement be approved; and that the Mayor and City Clerk be authorized and directed to sign and execute it on' behalf of the City, under its Corp- orate Seal. 4 , 'Alderman Robinson felt thdt' if the City became involved in the operation of this facil- ity, it should own thetprppertY_,Fd he offered an amendment to provide that approval .,j_.1..of the agreement be� bct to tranF fer. of title to the property from the Board of Education to the City. His amendment failed for lack of a second. " He then objected to consideration ,of the .main motion because it was not included on the agenda for this meeting. Alderman Slattery appealed to him to withdraw his objec- tion since this matter had been discussed at prior meetingsl Mr. Robinson reserved his decisictk on the appeal until later'in the meeting under the heading of 'Old Business". Mayor Conley announced he intended to call a special meet- ing as soon as possible to act on the agreement in the event it failed to receive approval at this meeting. TAX COLLECTION: Controller Spano reported that $1,569,312.00 or 91.2% of the City tax levy for 1972 had been collected prior to the first penalty date which compared favorably with prior years. TAX ROLL CORRECTION: The Controller read petitions from Thomas G. Payne, Director of Assessments requesting, that the 1972 Tax Roll be corrected as follows: PROPERTY LOCATION OWNED BY LAND BUILDING NET TAXABLE 22 Esty St. Guy & Benedetto Campagnolo 1,000 099 1,000 Incorrect -0- -0- -0- correct 715 W. Green St. Ithaca Agway Corp. , Inc. 1,200 5 ,450 6,650 Incorrect 1,200 -0- 1,200 Correct 508 W. Green St. Vincenzo Giordano 2,350 6,100 8,450 Incorrect ,,,•.2,350 -0- 2,350 Correct :jT By AldeoRune: Seconded bji �1c}ermararper. v.i:_t RESOLVXA, !04t'-A duplicate assessment oµ F�1,000.00 against Tat-Map Parcel 51-1-17 at 422 Esty St. , charged to Guy & Benedetto Campagnolo, be expunged as recommended by the # ,,Dict�r flf Asessments. CARRIED. By Alderman Rundle: Seconded by Alderman Barber. RESOLVED, that the assessment of $6,650.00 agsinst Tax Map Parcel 72-7-2, at 715 W. Green St. , charged to Ithaca Agway Cooperative, Inc. , be corrected and reduced to $1,200.00 as recommended by the Director of Assessments. AYES: 12 NAYS: 0 ABSTAINING: - 1 - Robinson. CARRIED. By Alderman Rundle: Seconded by Alderman Barber. RESOLVED, that the assessment of $8,450.00 against Tax Map Parcel 71-6-17 at 508 W. Green St. , charged against Vincenzo Giordano, be corrected and reduced to $2,350.00 as recommended by the Director of Assessments. CARRIED. By Alderman Rundle: Seconded by Alderman Barber. WHEREAS, petitions have been filed by Thomas G. Payne, Tompkins County Director of Assessments, requesting that erroneous assessments appearing on the 1972 Tax Roll be corrected in accordance with the foregoing schedule, NOW THEREFORE BE IT RESOLVED, that the 1972 Tax Roll, approved by this Council on May 31 1972-1•�be and it hereby is corrected to reflect these corrections and which will produce final vdluations as follows: PRESHNif;IAX ROLL CORRECTED TAX ROLL 29,860,-770 Valuation of Land 9,859,760 rte 233 705 040 Valuation of Buildings 233,693,490 $263,565,800 Total Valuation of Real Property 263,553,250 167 05.8,250 Less: Valuation of Exempt -'Property' 167:� 58,250 90,507,550 r 4 ss. 9 95,000 4.118 688 Valuation of Special Fran-eh'ises '.�;_" 4 118.16888 $100_626,238 Net Valuati^n of Taxable PrcAertyr .: 100, 13,bctS 233 (3) July 5, 1972 AND BE IT FURTHER RESOLVED, that the final 1972 'fax Roll as thus corrected be approved and confirmed in all respects; and that the City Chamberlain be authorized and directed to refund any excess taxes paid by the foregoing property owners levied against them as a result of said erroneous assessments. CARRIED. CAPITAL PROJECTS REPORT: Controller Spano presented an "Analysis" of uncompleted Capital. ,.- Projects as requested by Aldermen for their infQq m,ation. Copy attached to minutes. By Alderman Rundle: Seconded by Alderman BFber�. RESOLVED, that the Controller's report be accepted and filed. CARRIED. CASS PARK PUMPING STATION: Alderman Meyert!rgpgrted the Board of Public Works had re- �. quested an appropriation of $650.00 for operation and maintenance of a sewage pumping station at Cass Park. By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the total sum of $650.00 be and it hereby is appropriated from the Sewer Fund Contingent Account G1990 to budget account G-8120 - 11 - Cass Park Pumping Station for the maintenance of a pumping station transferred from N. Y. State to the City under terms of Tri-Party agreement as follows: 101 Salaries $325.00 f 302 Building Maintenance Supplies 100.00 312 Equipment Parts & Supplies 100.00 402 Utilities 125.00 AYES: 13 NAYS: 0 CARRIED and approved. GLASS RECYCLING: Alderman Meyer presented and reviewed a request from the Board of Public Works for an appropriation of $3,000.00 to finance the collection of discarded glass for delivery -to ChdllengP Industries for its glass 'recycli.ng'praJ_ect. By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the- sum of' $3;000.00 be and hereby is appropriated from the General Fund Contingent Account A-1990 to budget account A-8160-413 - Refuse & Garbage Collection to finance the collection of recyclable material 'for Challenge Industries during the balance of 1972.. AY-S: 13 NAYS: 0 CARRIED and approved. TRAFFIC CONSULTANT: Alderman Meyer reported the Board of Public Works had requested authority to hire a Traffic Consultant to make a study of traffic circulation problems in the downtown business area. By Alderman Spencer: Seconded by Alderman Barber. RESOLVED, that the matter be referred to the Public Works and Planning & Development committee for study and-report at a subsequent meeting. Carried. CHRISTMAS STREET LIGHTING: Alderman Meyer reported the Board of Public Works' hdd're v quested authorization to participate in a Christmas street lighting project in the central downtown'business area. Alderman Gutenberger felt East Hill Merchants and West- end Businessmen were, entitled to equal participation while Alderman Nichols felt the City should'hdvie some say in the type of lights, their aesthetics, etc. By Alderman Robinson: Seconded by Alderman Boronkay. RESOLVED,, that the Council authorizes the City's participation in the decorative street lighting of the streets in the downtown central business 'district(State Street - from Aurora to Geneve St. ) with the understanding that the lights and fixtures be furnished by individuals -or civic groups and that the City be reimbursed for.its expenseis"' from the same source. By Alderman Nichols: Seconded by Alderman Meyer. RESOLVED, that the foregoing motion be amended to ,provide that the Planning & Develop- ment Committee shall 'Vprove 'the 'type of'lighting to be used before such paxticipi tion.` .YES: 3'= Nichols, Neer, Henderson. NAYS: 10 Amendment defeated. A vote on the: ofiginal'motion was then taken which resulted as follows: AYES: 12 NAYS: 0 ABSTAINING: 1 - Gutenberger, Motion CARRIED. , , ADDITIONAL APPROPRIATION-SUPERINTENDENT'S OFFICE: Alderman Meyer reported-the Board`- ✓ of Public Works had requested ' the transfer of $75.00 to the Superintendent's budget. account A-1490. ' Alderman Rundle explained 'the Controller had authority to make transfers of less than '$100_00.'witfi` approval of'the Finance Committee which lidd'been done in this case 2 (4) July 5, 1972 TRAFFIC ORDINANCE AMENDMENT - HANCOCK STREET: Alderman Meyer reported the Board of Pub- lic Works had recommended that Sec. 15-1 0 of the Traffic Ordinance, Parking Pro- hibited At All Times On Certain Streets, be amended by deleting and adding as follows: Deletion: Hancock Street, north side, Lake Avenue to Third Street. Hancock Street, south side, Meadow Street to Third Street. Addition; Hancock Street, north side, Lake Avenue to Meadow Street. By Alderman Boronkay: Seconded by Alderman Spano. RESOLVED, that the matter be referred to the Public Works Committee for further study end report. CARRIED. CODE AMENDMENT NO. 9 - 1972; Alderman Meyer reported the Board of Public Works had recommended that Sec. 15-178 of the Traffic Ordinance, one-way streets and alieys,, be amended by adding thereto Linden Avenue its entire length, southbound traffic only. By Alderman Meyer: Seconded by Alderman Gutenberger.. BE IT ORDAINED by'the Common Council of the City q;r.#,,via,, New York, and it hereby is ordained''by'-`A ihority of the some that Chapter"15,,.1 ,.le,. e,,IX, Sec. 15-178 of the Traf- - ,, ,. fic Ordinance be amended by adding thereto the 'follota ig: Linden Avenue, its entire length, soutnbound traffic only. Effective upon publication. AYES: 13 NAYS: 0 CAR 2 $ ez}d; proved by Mayor. V SNOW-PLOW PURCHASE: Alderman Meyer reported the Board of Public Works had requested the release of funds for the purchase of a new snow-plow. Alderman Rundle recownended approval of the Board's request. By Alderman Rundle: Seconded by Alderman Saccueci. WHEREAS, the Board of Public Works has declared equipme.,, Iteiq:#174, Trojan 3000 Tractor Shovel, as surplus and WHEREAS, the Superintendent has been authorized to advertise for bids on a Rotary Snow-Plow, NOW THEREFORE BE IT RESOLVED, that this Common Council approves the Board of Public Works recommendation of declaring this Tractor Shovel as surplus. Alderman Robinson objected because he felt this piece of equipment should be retained for future use in dredging the City's silt dam. AYES: 12 ` NAYS: 1 - Robinson. CARRIED. By Alderman Rundle- "teconded by Alderman Slattery. RESOLVEp.,'1tha . trie Superintendent is hereby authorized to advertise for bids on a Rotary Sri6V-" `1'ow offering the Tractor Shovel in trade, and BE IT FURTHER RESOLVED, that this Common Council reserves the right of releasing the funds appropriiii ed in the 1972 Budget for a Rotary Snow Plow until the bids are received. By Alderman Robinson: Seconded by Alderman Meyer. RESOLVED, that the foregoing motion be amended to provide that release of the funds be reserved until the bids are received and a report thereon filed with and accepted by the Camfon Council. Amendment CARRIEDd A vote on the original motion as thus amended was then taken which resulted as follows: AYES: 13 NAYS: 0 CARRIED. ✓ TRAFFIC VIOLATIONS APPROPRIATION: By Alderman Rundle: Seconded by Alderman Nichols. RESOLVED,, Wlit the stun of $300.00 be and hereby is appropriated from the General Fund Contingent .Account A1990 to Budget Account PU3-310, Traffic Violations Bureau, to provide funds for the remainder of the year due to excess purchase of parking tickets. AYES: 13 NAYS: 0 CARRIED. ✓ WARNER, BURNS, TOANE & LUNDS PAYMENT: By Alderman Rundle: Seconded by Alderman Slattery. RESOLVED that invoices dated June 1, 1972, in the amount of $1,-Q71.71 and June 19, 1972, in1�tf'i�e amount of $300.82 payable to Warner, Burns , Toane & L imde for architec- tural services on the E. Green St. Parking Structure be approved and ordered paid out of the existing funds in the Capital Project - "Ramp Garage". CARRIED. RAYMOib' PARRISH & PINE PAYMENT: By Alderman Rundle: Seconded by Alderman Boronkay. RESO D, that invoice dated June 20, 1972, in the amount of $3,192.00, payable to Raymond, Parrish & Pine Inc. for ,,professional ,services on the Community Renewal Pro- gram be approved and orderee� siut of the existing funds in the_Capital Project - "Communty Renewal Program441 1 CARRIED. L EQUIPA '� L . '� - WATER FUND B derman Rundle: Seconded b c�erman Schmidt. Y . Y, RESOLyE ,;tha the Water u.r,d A' rized Equipment List for 1912' be amended to include the 7 : i fj; 3VJ i.it:q,f:. 'Yep t _ . (5) July 5, 1972 BE IT FURTHER RESOLVED, that an appropriation in the amount of $450.00 be provided by transferring from Water Contingent Account F1990 to Water Administration Office Account F8310-1-•220 Office Equipment for this purpose. AYES: 13 NAYS: 0 CARRIED and approved. AUDIT: By Alderman Rundle: Seconded by Alderman Schmidt. RESOLVED, that the bills audited and approved by the Finance Committee in the total emount of $16,891.29 as listed on Audit Abstract #6-1972, be approved for payment. CARRIED. A 5-minute recess was declared at 9:25 P.M. . At the end of the recess, Mayor Conley called the meeting to order again. CODE AMENDMENT - 10-1972 (SIGN ORDINANCE) : Alderman Robinson presented a final draft of a new sign ordinance and recommended its approval and adoption. Mr. Robert William- son, Attorney for Roy Park, requested that the time for amortizing billboards be extended from 7 to 10 years, and that the distance between them be not redtricted. By Alderman Robinson: Seconded by Alderman Spencer. RESOLVED, that the final draft of the Sign Ordinance be approved and adopted: as recom- mended by the Charter & Ordinance Committee. Alderman Schmidt reported the Planning Board had endorsed and recommended adoption d of the ordinance with the following two exceptions : 'Planning Board recommends to Common Council that Sec. 16 be changed to 4 years from � time of enactment of this Ordinance (August 31, 1976), reducing the time alb a'wed for old signs to be torn down as 4 years is a reasonable time to amortize signs without serious damage to owners." ! "Planning Board recommends to Common Council that Sec 5f be restated that. no bill- boards shall be erected or maintained within 300 linear feet of any other billboard on each side of the street or highway." By Alderman Schmidt: Seconded by Alderman Nichols. RESOLVED, that the date of August 31, 1979 include on lines 4 and 5 of Section 16 be amended to read August 31, 1976 , as recommended by the Planning Board. AYES: 6 - Henderson, Saccucci, Nichols, Gutenberger, Schmidt, Meyer. NAYS; 7 - Boronkay, Spencer, Barber, Robinson, Slattery, Rundle, Spano.. Amendment defeated. By Alderman Spencer: Seconded by Alderman Henderson. RESOLVED, that line 5 of paragraph f be amended by stating that "no billboards shall be erected or maintained within 300 linear feet of any other billboard on each side of the street or highwpy, as recommended by the Planning Board. A voice vote on this amendment resulted in its being defeated. Amendment defeated. By Alderman Barber: Seconded by Alderman Spencer. RESOLVED, that line 6 of paragraph (f) of Section 5 be amended by changing (300) linear feet to (150 linear feet). Amendment Carried. The ordinance, with a few minor wox d'changes which had been agreed upon together with the foregoing amendment, was then presented and adopted as follows; By Alderman. Robinson' Seconded by Alderman Spencer. 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 including therein anew ordinance entitled, "AN ORDINANCE TO REGULATE SIGNS" being ari ordinance relating to the erection'. construction, repair; alteration and maintenance of signs 'in the City of Ithaca which shall read as follows AN ORDINANCE TO REGULATE SIGNS SECTION 'I. LegisIlative Intent. The purpose of this`locai ordinance is to promote and prect, the public he—lth,welfare and safety by regulati propo ot ng existing and sed'out- door advertising, outdoor advertising signs and outdoor signs of all types. It is intended to improve communications within the community, to protect property values, create` a more attractive economic and business climate , enhance -and protect the 'physical appearance of the community, preserve 'the scenic and natural beauty of'designated areas, and provide a more enjoyable and pleasing community'. It is further intended hereby to reduce sign or advertising distractions and-obstructions that -may contribute to traffic accidents ; reduce hazards that may be caused by signs overhanging or projecting over'pubiic right's of way; provide more open space, and curb the deterioration of nat- ural beauty and community environment. SECTION 2. Short Title This ordinance shall hereafter-be known and cited as the "-Sign 'Ordinance". . SECTION`3.' _ De' finiiions. As used in this ordinance unless otherwise expressly stated; (6) July 5, 1972. a) The term "sign" shall mean any material, symbol, emblem, structure or device or part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames , billboards, sign boards, painted wall signs , hanging signs, illuminated signs, pennants , fluttering devices , projecting signs or ground signs, and shall also include any announce- ment, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. The .term "sign" includes signs related and unrelated to a business or profession, or to a commodity or service sold or offered upon the premises where such `sign is located.. tyAu' is section shall n"Ot be construed to include interior window signs which are not per- manently affixed to the interior of a windoi, or interior of a structure and which are not self-illuminated. b) The term "to erect" shall mean to build;-_construct, alter, display, relocate, attach; hang, place, suspend, affix'`Gi mAa itLn�any' sign, and shall also in- . elude the painting of exterior wait �i�•gns;" The: teiti "front" or "face" of a'Sbitiltting s ail mean the oiiter'surface of a building, including the outef"La—inner surface of windows thereon, visible from any private or public` street'or highway. d) The term "illuminated sign" shall mean any sign illuminated by electricity, gas or other artificial light, including but not limited to, reflective or phosphorescent light originating from outside the body of the sign or from within or behind it. e) The term "lighting device" shall mean any light, string of lignts, or group of lights located or arranged so as to cast illumination on a sign face from the exterior, or to illuminate a sign from its reverse side. f) The term "projecting sign" shall mean any sign that projects from the exterior of any building. g) The term "person" shall mean any person, firm, partnership, association, Corp- oration, company, institution, or organization of any kind. h) The term "Building Commissioner" shall mean the Building Commissioner of the City of Ithaca, New York. i) The term "billboard" shall mean .any.iTiee`--s tan ding sign that advertises business conducted, service�,;provideclj"bk products sold on properties other than the-"property",on whir�h t,h�t•�sign isderect'ed. f j) The terrti'' s'i'gn Brea" sh j],rmean ,the _itir 'ace area of a sign that is within view of a public right-of-way, visible from any,one point of view. For meas- N i0i urement purposes, the sign surface area shall be calculated as follows: 1) For rectangular wall signs: that area of the smallest rectangle that can , ...; be placed over the entire sign, including its lettering, devices, frame and decorative moldings along its edges, and background, if of different color than predominant color surrounding the sign. 2) For irregular wall signs: that area defined by the edges of the sign, in- cluding all lettering, devices, frame and decorative moldings, and background if of different color than predominant color surrounding the sign. 4T 3) For letters not attached to frame or free-standing: that area defined by the smallest rectangle that can be placed over the series of letters con- sidered as a unit. In the event that both upper case and lower case letters are used, the area shall be defined by the smallest rectangles that can be placed over the series of lower case letters plus the area of the smallest rectangles that can be placed over the individual upper case letters. In the event that a letter or letters or other pictorial matter are placed as separate units on background boards, the sign area shall be calculated as the sum of the areas of the background boards. In the case of a flat or r• ; two-sided free-standing. sign, the sigh,; area is considered to be the entire ;surface area of one f pg of; the-,:sign '= 4) r �br free-standing double±-fac'ea signs the area of one entire side of the sign calculated as above. 5 F•9,r multiple-sided sign,; #ilas aibximum'-a.rea visible from any one point of 6) For signs on other than flat surfaces: the macimum actual surface area visible from any one point,'ofview. k) The t�fiqi "free-standing sign•" shall mean any sign or sign structure not attached to the ,exterior of a building,.' 1) The term "portable sign" shall mean any sign or sign-structure not: permanently affixed to th6--ground or to the exterior of a building. m) The,.Aerm "shopping center",jabd11 paean premises Y air ng one or more stores or ,;,: :business .establishments iri coAike tibn,•.with which `there is provided on pz1 vately- 2 (7) July 5, 1972 owned property near or contiguous thereto an area, or areas, of land totaling at least one acre in area used by the public as the means of access to and egress from the stores and business establishments on such premises and for the parking of motor vehicles of customers and patrons of stores and business establishments on such premises . SECTION 4. Exception. For the purposes of this ordinance the term "sign'" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation, nor does it include flags, emblems, or symbols of a nation, governmental body, or school, nor memor- ial tablets or historical markers, nor does it include posters or signs of a tempor- ary nature erected or placed for a period of not mq;re ,than 30 days (as provided in Section 8) . SECTION 5 . General Regulations . The prohibitions contained in this section shall apply to all signs and all use districts, regardless of designation, of the City of Ithaca. a) Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights , In no event shall an illum- inated sign or lighting device be so placed or so directed as to permit the beams and illumination therefrom to be directed or beamed upon a public street, C highway, sidewalk, navigable waterway, or air corridor, or premises adjacent to any of these so as to cause glare or reflection that may constitute a traffic hazard or nuisance. b) No projecting sign shall be erected or maintained from the front or face of a building or structure a distance of more than 18 (eighteen) inches . c) No sign shall be supported or attached, wholly or in part, ;over or above any wall, building, or structure. d) No portable, mobile or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in Section 6 and, 7 herein. e) No 'sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering or revolving devices . The said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention. f) No billboard shall hereafter be erected or maintained in any part of the City of Ithaca, except in B-4 districts. No billboard shall extend more than twenty (20) feet above the ground nor exceed twenty-five (25) feet in length and fifteen (15) feet in height and shall not exceed three hundred-eighty (380) square feet for sign, trim, and supports. No billboard shall be erected or maintained within one hundred fifty (150) linear feet of any other billboard. There shall be an open space between the lower edge of said billboards and the ground of at least three (3) feet, Under no circumstances shall billboards be attached, affixed or applied to any building. SECTION 6. Permitted Signs in All Districts. a) The following signs are `permitted in any use district without a permit: 1) Signs advertising the sale, lease or rental of the premises upon which the sign is located, which sign shall not exceed 16 (sixteen) square feet in area, - except in residential districts where said signs s,4all' not exceed 5 (five) square feet. 2) Na°me 'plates, not self-illuminated, denoting the names end/or address , of the occupants, of the premises, not exceeding one hundred-.Forty-four (144) square inches per occupant. 3Y Signs denoting the architects , engineers and/or contractors placed on premises where Construction, repair, or renovation is in progress, not exceeding one sign per premises and not exceeding eighty (80) square feet in area, provided however; such signs shall be removed immediately upon completion of the pro- ject or after a period of eighteen (18) months ,from date` of issuance of the original building permit issued for said project, `whichever may cone first. 4) Directional' (entrance/exit} signs on premises, each not .exceeding 6 (six') square feet in area. 5} Signs -oir bulletin boards customarily incident to places of worship, libraries, museums , social clubs or societies ; which signs or bulletin boards shall not exceed 25 (twenty-five) square feet in area. and 'shall ,bo located on the premises of such institutions . b) The following signs are permitted in any use -district, but require 'a permit as 'pro- vided herein: 1) Any 'sign advertising a commercial enterprise,including real estate develop- ments or subdivisions, permitted in a district zoned residential'by any zoning regulation shall not exceed 5 (five) square feet in area and shall advertise only the name of the owner, trade names, products sold and/or the business or activity conduct< d on the- pr r.:ises wher: such sign is located, provided that no c:. ,rd� fcr- eac__ .__. - _siness or commercial 238 (b) July 5 , 1972 activity conducted on the premises and shall in all respects confcrm to the provisions of this ordinance respecting signs permitted for establishments in business districts. 2) A sign or notice having an area of 15 (fifteen) square feet or less of a public utility, gasoline service station, public garage and outdoor dis- play area necessary for the direction, information or safety of the public. 3) For any place of business not more than one (1) free-standing pole or pylon sign erected for the purpose of advertising a business, products, and/or services providing such sign does not exceed a maximum area of fifty (50) square feet,,,;and a maximum hi ight'of thirty (30) feet, from ground level to the; tip of said t�igh "4 d structure. SECTION 7. Permitted Signs in Business ,,:.isrjn d Industrial Districts. In districts zoned Business., n.dustrial , �br iviarine by the Zoning Ordinance of the City of Ithaca, New York, no signs shall be erecte'd , r raintained except as follows : j a) (1) One free-standing sign not exceeding fifty (50) square feet in area, in- cluding framework, and not exceeding thirty (30) feet in height, including framework, and one (1) sign attached, painted on or applied to the front or face of a structure or building,.which sign shall not exceed one and one- half (12) square feet for each lit�'eal foot of structure or building front- age occupied by each business conducted on the premises, the total area of both signs not to exceed two-hundred-fifty (250) square -feet; or (2) Two (2) signs attached, painted on or applied to the frotft or face of a structure or building, the F ggregate sign area of which shall not exceed one and one-half (;2) square feet for each lineal foot of structure or building frontage occupied by each business conducted on the premises, the total area of both said signs not to exceed two-hundred-fifty (250) square feet. b) Where a structure or building has frontage on more than 1 (one) street, public highway, or waterway, 1 (one) sign attached, painted on or applied to the front or face of said structure or building shall be permitted facing each street, public highway or waterway frontage. c) In the case of shopping centers and other multi-use facilities , one free- standing sign shall be allowed for the development as a whole, and not for each premises. SECTION 8. Temporary •Signs i All signs. of a temporary, natu.re_such.,as political posters , banners, promotional devices "W and other signs, of'a simll'ar nature,may.:be,e e_cted without a permit for a period not excee'�!*gp bhp rty (3a)> days, provided the::c.bna6ht-1 the property owner or occupant is a obtaine,_;: and that such signs are not attached�to'I fences , trees , utility poles, or the like and., that such signs are not placed in such a position as may obstruct or impair vis- ion or traffic or in any manner create a nuisance, hazard, or disturbance to the health and welfare of the general public. All such signs must identify the name and address of the sponsoring person or organization and the name of a person responsible for their removal at the expiration of the thirty (30) day period. SECTION 9. Sign Set-Backs. No free-standing signs shall be erected or maintained in such a manner so as to project over or above any street, public highway, or waterway, nor shall any such free-standing sign be erected or maintained in such a manner as to project within eighteen (18) inches of a public or private right-or-way, the inner edge of a public highway, sidewalk, or waterway. Said signs shall be set back at least ten (10) feet from any public highway or street right-of-way. Side yard and rear yard set-backs shall be no less than those re- quired for structures or buildings in the Zoning Ordinance of the City of Ithaca, NVw York for the zoning district in which the property is located. SECTION 10. Permit. Except as otherwise herein provided, no person shall erect any sign as defined herein without first obtaining a permit therefor from the Building Commissioner. SECTION 11. Application for Permit. Application for the permit shall be made to the Building Commissioner in writing, in duplicate, upon forms prescribed and provided by th Building Commissioner, and shall contain the following information: a. ) Name ,, address , and telephone number of both applicant and the owner of the pro-„ perty on which the sign is to be located. b) Location of building, structure , or land tb;'which ot, upon which the sign is to be., attached or erected. e) At,detziled drawing or blueprints showing a''d6ic-ription of the construction details of,:the: sign and showing the lettering .and/or pictorial matter composing the sign; position of lighting or ether extranedudfldevicd66 `'a,`location plan showing the ' pos.i tibn of the sign on any building or land, axid'`its position in relation to nearby buildings or structures and to any private or public street or highway. (9) July 5, 1972 d) Written consent of the owner of the building, structure or' land to which or on which the sign is to be erected, in the event the applicant' is not the owner thereof. e) A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor. f) Such additional information as the Building Commissioner may reasonably require in order to carry out the intent of this ordinance. SECTION 12. Fees. The following fees shall be paid to the City of Ithaca, New York, upon filing of an application for a sign permit: Sq. Ft. Ixea Fee Per Sign 0 - 50 $20.00 51 - 1®0 40.00 101 - 150 6o.00 151 - 200 80.00 201 - 250 100.00 .. For the purpose of establishing the fee, the calculated square foot area of the sign shall be rounded to the nearest whole square foot. C SECTION 13. Issuance of Permit. It shall be the duty of the Building Commissioner upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this local ordinance and other laws and ordinanc(m of the City of Ithaca, New York, the Building Commissioner shall then within 15 (fifteen) days , issue a permit for the erection of the proposed sign. If the sign authorized under any such permit has not been fully erected within six (6) months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed within ten (10) days from the expiration thereof for good cause shown upon payment of an additional fee of $5.00. SECTION 14. Revocation of Permit. No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this local ordinance. However, notwithstanding any provisions contained herein, the sign must be kept clean, in neat order and repair, and free from all hazards , such as but not limited to, faulty wiring and loose fastenings , and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. In the event of a violation of any of the foregoing provisions, the Building Com- missioner shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 60 (sixty) days from the date of said notice. In the event such sign shall not be so conformed within 60 (sixty) days, the Building Commissioner shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign or the named owner of the land within 30 (thirty) days after receipt of notice of permit revoca- tion: SECTION 15. Removal of Certain Signs . If the 'Building Commissioner shall find that any sign regulated by this ordinance is unsafe 'or insecure,1 or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove.or repair the said sign within 14 (fourteen) days from the date of said notice. If the said sign is not removed or repaired, the Building Ccmmissioner shall revoke the permit issued`for' such sign, asp herein provided, and may remove or repair said sign and shall 'assess all costs and expenses incurred in said' removal or 'repair against the land or building on which such sign was located. The Building Commissioner may cause any sign which is a source or immediate peril to persons or property or any tem- porary sign not removed at the expiration of thirty (30) days to be removed summarily and without notice. SECTION 16. Non-Conforming Signs. In the event a sign is erected prior to the effective date of this ordinance, which - sign does not conform with the provisions and standards of this ordinance, the requisite permit, as provided herein, shall be granted for every such sign or other advertising structure for a period of time not to exceed August 31, 1979• All non-conforming signs :sh all be removed or -4rought into conformity on or before August 31, 1979. The 240 (10) July 5 , 1972 Building Commissioner, upon determining that any such non-conforming sign exists at the end of said period, shall notify the owner of the premises in writing to remove the said sign within thirty (30) days from the date of such notice. Upon failure to comply with ` such notice withitthe prescribed time, the Building Commissioner is hereby authorized to remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located. SECTION 17. Planning Board. The Planning Board shall advise the Building Commissioner of the City of Ithaca, New York, with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty, cultural and aesthetic standards ,of the community. ' The Planning Board may advertise, __prepese , prat and- �-sttiblktp, pamphlets and other media which in its judgement will"!further these'purposes ,.. SECTION 18: �i Variances, Review and ��ppeal.' Any person aggrieved by any decision of the Building Commissioner relative to the provi- sions of thib ordinance of the City of IthL d, New York, may appeal such decision to the Zoning Bbardt bf 4peals as provided in the `inning regulatid'6s`Hof.the City of Ithaca, New York, 'and11=shall comply with all proce'dur' re''1 meAt pre ciibed.by said Zoning Board of Appeals, including payment: of a ;fee of ten .($10) dollars to defray the cost of the required legal notice and.wr�tten notice of, all ro er p p t'Y � Ciners within. two-hundred (200) feet -,of the boundax s of the proposed sign locatibhl' j However, when any variance, review ,?or_.:appeal xelstive to. the provisions of this ordinance is requested, no Board of Zoning Appeals .acti;_on shall be taken until a positive recommendation is received from the City Planning Board. In making any determination or decision with respect to any proposed sign, any City officer or any Board having jurisdiction shall be guided by the general purpose of this law, as stated in Section 1 hereof, and shall also consider the following: (1) The purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets, In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account the legitimate ccmmercial or other interests which are intended to be promoted by the sign and the speed limits and traffic conditions on adjacent streets . (2) The number of letters on the proposed sign. A sign with only a few letters need not be as large as-:'one with many letters .to be seen from the same distance. (3) Other signs in `the 'vi e"iititj"'of the proposed sign. (u) The character 8V the neighbo rhood. The proposed`use shall not be detrimental >'to the general amenity or neighborhood character so as to cause a devaluation `''bf neighboring property or material inconvenience to aeighboring inhabitants or material interference with the use and enjoyment by the inhabitants o"i the neighboring property. (5) The protection of the public interest and the desirability of maintaining open spaces, views and vistas insofar as possible. Any person aggrieved by any de- cision of the Board of Zoning Appeals may have the decision reviewed by a special term of the Supreme Court in the manner provided by Article Seventy- Eight of the Civil Practice Lair and Rules. SECTION 19. Violations . Failure to comply with any of the provisions of this sign ordinance shall be deemed a violation and the violator shall be liable to a fine of not more than 50 dollars ($50) for each violation, in addition to, penalties for violation of any other regulation or ordimance of the City of Ithaca, and each day such violation continues shall constitute a sepamte violation. SECTION 20. Validity. If any section, subsection, phrase, sentence or„portion of this local ordinance is for any reason held invalid or unconstitutional by aAy' court of competent jurisdiction, such portion shall be deemed a separate, distinct aiid` independent provision and such holding r,r. shall not affect the validity of the remaining' portions hereof. SECTION 21. Application and Construction. This-,'.local ordinance is applicable within the City of Ithaca and shall be construed as an- exercise of the powers of such municipality to regulate, control and restrict the use; of',buildings, structures, and land for outdoor advertising purposes, displays , signs ands-anther advertising media in order to promote the health, safety, morals and general welfare of the community, including'the protection and preservation of the property of the-municipality and its inhabitari�ts''`and of peace and good order` for the benefit of trade` aad all matters related thereto. SECTION 2 Effective Date, This- local-ordinance' shall tbke'efi c't immediately upon _ Asa& an U p 1•ibli cati the ec.f. C_Yrrt t:l._. -­.vela by (11) July 5, 1972 CODE AMENDMENT NO. 10-1972 (MOBILE HOME PARK ORDINANCE): Alderman Robinson presented and v recommended approval and adoption of a final draft of a proposed mobile home ordnance. Dr. Weiner and Fred Weinstein, his attorney, both appealed to the Council for relief from the paragraph (c) of Section 10 requiring the developer to provide a community facility of common use recreation space. Alderman Schmidt reported the Planning Board had 'recommended that Sec. 5 :06 be rewritten so that the responsibility for final approval should rest with the Planning Board in a manner similar to subdivision approvals; and that it had endorsed and recommended approval thereof, contingent upon this proposed change , and after review by the Board of Public Works and any subsequent changes recommended by said Board. By Alderman Robinson: Seconded by Alderman Gutenberger. RESOLVED, that the final draft of the Mobile Home ordinance as presented and recommended for approval by the Charter & Ordinance Committee be approved and adopted. By Alderman Barber: Seconded by 17,1derman Saccucei. RESOLVED, that lines 3, 4, 5 and 6 of paragraph (C) of Section 10 be amended to read as follows : "facility of not less than five-hundred (500) square feet of common use.-'recreation space for the first 50 mobile homes contained within said park, and not less than an additional 250 square feet of common use recreation space for each additional 50 mobile homes contained within said park. Amendment CARRIED. The ordinance, with minor word changes, correction of typographical errors, and the fore- going amendment, was then presented and adopted as follows: By Alderman Robinson: Seconded by Alderman Gutenberger. 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 including therein a new ordinance entitled "MOBILE HOME •ORDINANCE" , being an ordinance to regulate mobile homes and mobile home parks within the City of Ithaca, New York, which shall read as 'follows : MOBILE HOME ORDINANCE SECTION 1 - TITLE This ordinance shall be known and cited as the City of Ithaca Mobile Home Ordinance. SECTION 2 - PURPOSE It is the purpose of this ordinance to promote the health, safety, comfort, con- venience and the general welfare of the community, to protect and preserve the property of the City of Ithaca, New York, and its inhabitants, and to promote the economical and orderly development and utilization of land by regulating mobile homes and providing for planning and operating of mobile home parks and the standards and regulations nec- essary to accomplish these purposes . SECTION 3 - DEFINITIONS A. HEALTH AUTHORITY means the legally designated health authority or the authorized representative of the Tompkins County Health Department. B. MOBILE HOME means 'a transportable , single-family dwelling unit suitable for year-round occupancy and 'containing the same conveniences as immobile housing, with respect to water supply, light, heat, power, and waste disposal. A mobile home is a portable unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities , and designed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. Mobile units can be designed to be -used for residential units excluding, however, travel trailers, motorized homes , pick-up coaches and camping trailers. A mobile home shall not include a travel trailer which is towed by an automobile, can be operated 'independently of utility_connections , is limited in width to eight (8) feet, in length to thirty- two (32) feet, and is designed to be principally used as a temporary dwelling, nor shall it include modular housing. C. MOBILE HOME LOT means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants and shall be situated only 'in a mobile home .park 'as herein described. ® (12) July 5, 1972 D. MOBILE HOME Pj,RK means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use consisting of not less than five (5) acres and not less than twenty-five (25) mobile Imome lots. E. MOBILE HOME STAND means that part of an individual mobile home lot which has been reserved for the affixed placement of the mobile home, appurtenant struc- tures or additions. The mobile home stand shall be provided with anchors and tiedowns such as cast-in-place concrete "dead-men", eyelets imbedded in concrete foundations , screw-'augers , arrowhead anchors, or other devices capable of securing the stability ofthe mobile home . :anchors and tie-downs shall be placed at least at each corner "of,the mobile home stand. F. PERMIT means a written permit---issued by the municipality permitting the con- struction, alteration or extension of a mobile home park under the provisions of ;this Ordinance and regulations issue-cX;hereunder. G. PERSON means any individual partnership, public or private assoc- iation or corporation. H. SERVICE OR RECREATIONAL BUILDIi7Gtmeans a structure housing operational, office, recr-e:ational, park iaaintenance, laundromat and other facilities built to con- form to required local standards ,.fi. INTERNAL STREET is a paved road, constructed of concrete, asphalt, paving brick or other durable material which shall be well-drained under normal t use and weather conditions . Pavement edges shall be protected to prevent raveling of the surface and shifting of the base. Street surfaces shall be maintained free of cracks, holes , dust and other hazards. J. MUNICIPALITY OR CITY means the City of Ithaca, New York. ' K. DEVELOPER means the mobile home park developer, owner, or operator. SECTION 4 - PERMITS .Ol - PERMIT REQUIRED. It shall be unlawful for any person to construct, alter, develop, administer or extend any mobile home park within the City unless said person holds a valid permit issued as hereinafter provided in the name of such person for the specific construction, alteration, development, administration or extension proposed. The permit shall be valid frpm-date of issuance to the next succeeding December 31st, and shall not be transferable or assignable. 4.02 - PERMIT FEE. A perm} tje. e, base. 4poff,-%&6' following schedule shall be paid to the City Building. Commissioner together,•with'"ari application for an original permit or s � for ?.renewal' permit Minimum f4N,iT $25.00 or $l,.jO0-per` mobile home lot, up to a maximum doe. of .$50.00, whichever is greater. The permit fee shall help defray the expensQo�-igijj;�%t''to the administration of this ordinance,` including publication of legal notices,,..,,, . 4.03 - APPLICATION FOR ORIGINAL PERMIT. The application for an original permit, in writing and signed by the developer, shall be made to the City Building Commissioner. The application shall contain the following: (a) Name and address of developer. (b) Location and legal description of the area proposed for the mobile home park. (c) Scale map illustrating: (1) Plan of proposed park including number of lots , lot sizes, locations, recreation areas , and service buildings. (2) Ownership of abutting properties and present use of said properties. -,is• (3) Existing and proposed access and egress routes, and location and width of existing and proposed roadways , walkways, rights-of-way and easements. (4.) rPresent and proposed sewer, water, and other utility lines and structures. (5=} Any=unusual or sped al land features; such as, streams, creeks, areas A". . .•: subject to floodir4 and areas of steep slopes in excess of 150 (degrees). (6) A 'pIeLUU. ng plan showing all existing and proposed treeg, shrubbery, and'' others plantings; lawn areas, and all other information necessary to :ihi i:cate the extort of landscaping and plantings. (7) The. ld�htion and details of lighting and electrical systems. (8) Existing' a a,','proposea .contours of the park area at maximum intervals of five-,O) feet. r„ . ... (9) Existing. ah'd' propoi�ed;­storm-water drainage systems.> F.. (d) Such other'•and �ukthlx 'information as the Building Cemn issionerixay determine �i ,. necessary to=ascertaih'-compliance with this ordinance. - r�rn�r �nR RENEWAL 1 RIdT. The application for renewal :of � v 131d permit, in writing and signed by the de;vx-, �3 .• .; In Commissioner before the first day of December:, The ..application shall ,contain thq,,Xollowing: 5 t • J `0 (13) July 5 , 1972 (a) Name and address of developer. (b) Serial number of permit requiring renewal. (c) Any change in information submitted since the original permit was issued or the latest renewal granted. If there have been no changes , the application shall so state. 4.05 - TMiSMITTAL TO PLANNING BOARD. When the Building Commissioner is satisfied that the original or renewal application appears complete and in required form, he shall transmit said application to the City Planning Board for its consideration. The Planning Board may require the developer to submit such other plans and information and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan, and may request the attendance of the, developer at ,its meeting for ad- ditionnl clarification. Within thirty-five (35) days from its receipt of the application for a permit, or 'from receipt of such additional information asl:may be required of the developer, which- ever is later, the Planning Board shall adopt' a resolution determining approval of the application, approval of the application with stipulated modifications, or dis- approval of the application. In making its determination, the Planning Board shall determine that: ;r (a) There is a need for the proposed construction, alteration, extension, 0C development or administration of the mobile home park in the City and in C the particular location proposed. LL: (b) The existing and probable future character of the neighborhood in which the mobile home park, as proposed, will be located will not be adversely affected. (c) The proposed construction, alteration, extension, development or admin- istration of the mobile home park is in accordance with a comprehensive plan for development of the 'City. (d) There is compliance with the letter and intent of this ordinance. A "copy of the decision of the Planning Board shall be mailed to the developer. 4.06 - COMMON COUNCIL ACTION. In the event a developer wishes to appeal a decision of the Planning Board, the decision of-the 'Planning Board, together with the application, any written statements of the developer and all other information'which has not been studied, shall be transmitted to the Common Council of the City. ' The Common Council will hold a public hearing on the application at a regular or special meeting, after notice of the time , place and purpose of the public hearing shall have been published at least fifteen (15) days prior to the date of such hearing in the official-newspaper of the City. The City Clerk will cause such notice to be published and will further cause the public hearing to be placed on the agenda of the Common Council meeting. At the public hearing, all interested persons, including the developer, his legal counsel and witness 6s ' shall be given an opportunity` to be heard. After such hearing, the Common Council, by majority vote , shall make a deter mnation approving, approving with stipulated modifications or disapproving the appli- cation­. In' making this decision, the Common Council shall determine that. (a) The` health, safety, comfort_ , 'convenience and general welfare' of the com- munity- will be promoted in`harmony with the general purpose of this ordinance. (b) There is`' compliance` with this 'ordinance, except that where there are practical difficulties 'or unnecessary hardships' in thel way of" carrying out the' strict letter of this ordinance, the Common' Council shall have the power, in passing upon cn application, to vary or modify the application of any of the provisions of this' ordinance so that the spirit of the ordinance will be observed and public health, safety and welfare secured and substantial justice 'done. ' (c) The proposed construction," alteration, development or extension of. a mobile home psrk will satisfy 'a neighborhood' or community need.' � (d) The proposed construction, alteration, development or ex'fension of a mobile home park will enhance the qua?it'y of the environment and be in harmony with-'the neighborhood. k "copy ofthe Common Council's deterttiina tart shall be mailed'-to` the 'developer., The applicattion and supporting`�docume'nts�; 'together with the Common' Council's- determination, shall be `filed in the Office of the City Buil'di'ng Commissioner.- If the Common Council approves th'6 dpplication,` er approves' 'the'application with modifications which are ac- cepte'd by' the developer, the Building`Commissioner shall issue the 'original or renewal p'erm*t, "as appropriate'. 5 ��r�t,X�TIOMS; ^Ii �2RTNG5. 5.01 NOTICE OF VIOLATION. Whenever the Building,evimiami6nox atarmin-ce that there are reasonable grounds to believe that there has been a violation of any provision of this ordin z ce the Building Coi it ssioner shall give' notice of such _llegeu Violation to X44 (14) July 5, 1972 the person to whom the permit was issued, as hereinbefore provided. Such notice shall: (a) be in writing; (b) include a statement of the reasons for its issuance; (c) contain an outline or remedial action which, if taken, will effect com- pliance with the provisions of this ordinance; (d) allow a reasonable time for the performance of any act it requires; (e) be served upon developer. Such notice or order shall be deemed to have been properly served upon such developer when a copy thereof has been sent by registered mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of " this state. 5.02 - HEARING. Ixy person affected by any notice which has been issued in connection with the enforcement of any provision of this ordinancd, may request and shall be granted a hearing on the matter before the Common Council' "'Such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor Trithin fifteen (15) days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Section 5.04. Upon receipt of such petition, the Common Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner and the Building Commissioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than thirty (30) days after the day on which the petition was, filed. The Common Council may postpone the date of the hearing for a reasonable time beyond suchthirty (30) day period when in its judgement good and sufficient reasons exist for such post- ponement. 5.03 - FINDINGS. After such hearing the Common Council shall make findings as to com- pliance with the provisions of this ordinance and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in Section 5.01. (a) Upon failure to comply with any order sustaining or modifying a notice, the permit of the mobile home park affected by the order shall be revoked. 5.04 - EMERGENCY. Whenever the Building Commissioner finds; that an emergency exists which require 6"Ibinediate action !to,prcrte'Gt the, public health, safety, or wel- fare, he may without notice or hearing issue an order reciting the existence of such emergency and requiring that such actior;ljbe taken as he may deem nec- essary to meet the emergency, including the suspension of the permit. Not- withstanding •aniy :dther provisions of this ordinance, such order shall be effective immediately. Any person to whom such%. an order is directed shall comply therewith immediately, but upon petition to the Common Council shall be afforded a hearing as soon as. possible. The provisions of Section 5.02 and 5.03 shall be applicable to such hearing and the order issued thereafter. 5.05 - PENALTIES. Any person who violates any provision of this ordinance shall upon conviction be punished by a fine of not less than fifty ($50) dollars, nor•more than five-hundred ($500) dollars; and each day's failure to comply shall constitute a sep- arate violation. The imposition of any such fine shall, npt,.lbar any other relief or penalties otherwise applicable. $F,CTION 6 - MOBILE HOME PARKS. 6.01 - LOCATION AND REGULATION.! ,i:u�. No mobile home park shall be located or mai;p F.�✓any district of the City of Ithaca s�'de , .New York except in a specified district afin�> td' established by� the Zon- ing.Or j,xiance of the City of Ithaca, New York, a_ ,t,,mad from time to time be amended. 6.02 - . ETBACKS• '•' ' ... �-.".� .'.._ ::'.d,� .iii .i.i-(T . �,,. 1 , No mobile home lot shall be situated within fifty (50) feet'Fof any'-existing public�Tl�lghwayz street or other pbiQ ,way or within, thirty (30) feet of any other r., existiri property!lrie { �6 03 - .FREE-S'TANAING ACCESSORY Bi3ZI,�INGS CARPORTS, AND APPURTENAI�f?STRUCTURES ON INDIVIDUAL LOTS free.-standing accessory! structures and all appurtenant strictures including, by 'way :of ill t1 i Buti�.pt limitation, awnings , cabanas, carports, Florida roots , 245. (15) July 5 , 1972 Mediterranean rooms , porches, ramadas, storage cabinets and sheds shall be included together with the mobile home in computing percentage of lot coverage. 6.04 - STANDS AND SKIRTING. Each mobile home owner, within thirty (30) days after the arrival of his mobile home in the park, shall be required to enclose the bottom space between the edge of the Mobile home and the foundation with a skirt of metal, wood or other suitable material, properly ventilated, and to affix said mobile home securely to the mobile home stand. 6.05 - PARKING AREAS. Two paved perking spaces shall be provided for each mobile home lot, off street. Each parking space shall have a minimum of one-hundred eighty (180) square feet. 6.06 - LANDSCAPING REQUIRED. Proper landscaping shall be provided as specified by the City Planning Board. Mobile home parks shell screen the park boundary line separating the park and adjacent properties with natural or artificial fencing to a minimum height of six (6) feet. 6.07 - EXTERIOR LIGHTING. C7 Artificial lighting shall be provided to illuminate walks, driveways , and parking spaces for the safe movement of pedestrians and vehicles at night. 6.08 - POWER DISTRIBUTION AND UTILITY LINES. All power and utility lines shall be located underground and shall be located at least eighteen (18) inches below the ground surface and in compliance with the rules and regulations of the municipality. SECTION 7 - SANITARY FACILITIES. 7.01 - WATER - GENERAL REQUIREMENTS. The water supply system shall be connected to the City water supply system in accordance with the rules and regulations of the municipality. 7.02 - SEWAGE - GENERAL REQUIREMENTS. A. The sewage disposal system shall be connected to the City sewage disposal system in accordance with the rules and regulations of the municipality. B. Storm drainage pipes , ditches , etc. , may be required by the City. ` C. Gtxbage and refuse - Each mobile home 'park shall make provision for sanitary equipment to prevent littering of the grounds and premises with rubbish, garb.age.aad refuse. Each mobile home shall have containers with tightly fitting covers. Regular disposal for all rubbish, trash, and garbage shall be provided at least weekly by the park developer, in accordance with the rules and regulations of the Board of Public' Works. SECTION 8 ELECTRICAL .DISTRIBUTION SYSTEM AND INDIVIDUAL ELECTRICAL SYSTEM. 8.01 - GENERAL REQUIREMENTS. Every park shall contain an electrical wiring system consisting of wiring, fix- tures, equipment and appurtenances which shall be installed and maintained in accord- ance with_specifications _and regulations of the local electrical company. All wiring, fixtures, and connections must have approval of the New York Board of Fire Underwriters and/or rather authority as designated by the municipality. SECTION 9 -- FUEL SUPPLY AND STORAGE. 9.01 - GENERAL REQUIREMENTS - FUEL SUPPLY SYSTEMS. The mobile home park shall be provided with facilities for the safe storage of required fuels. All systems shall be installed and maintained in accordance with ap- plicable codes and regulations governing such systems. All such installations shall be approved by the Ithaca Fire Department. 4 (16) July 5 , 1972 SECTION 10 - RECREATIONAL AREAS, COMMUNITY FACILITY BUILDINGS AND OPEN SPACES. A. The park developer shall provide and maintain an outdoor recreation area for the common use of persons living in the park, said recreation area to contain not less than one-hundred (100) square feet per mobile home, but in no event less than five-thousand (5 ,000) square feet, exclusive of lots and set-backs. Said recreation area shall be situated in a readily accessible location within the park. B. The Planning Board may recommend, and the Building Commissioner may establish such conditions on the ownership, Loe, and maintenance of open recreation spaces as deemed necessary to assure the preservation of such open ;s.paces for their intended purposes. C. The developer of a mobile home park containing fifty (50) or more mobile homes shall provide and maintain an enclosed Climate-controlled community facility of not less than five-hundred (500)`'`sauare feet of common use recrea- tion space for the first 50 (fifty) mobile homes contained within said park and not less than an additional two-hundred fifty (250) square feet of common use recreation space for each additional fifty (50) mobile homes contained within said park. Only space. used for common community use and recreation shall be included in determining, ,the area of said facility; space used for a laundro- mat, service area, office space, storage and maintenance areas and the lire shall not be included for such computation. Nothing set forth in this section shall be deemed to prohibit the existence of common community and recreation use together with laundromat, service area, etc. , uses in the same joint fac- ility, provided that all other provisions of this section have been complied with. SECTION 11 - MANAGEMENT AND DUTIES OF OWNERS. All park developers are required to keep a register of the year, make, serial number and size of mobile homes in their parks. Said register shall be maintained in the office of the park developer, who shall.,also keep on file the names and ad- dresses of the mobile home owners. The person or persons to whom a permit has been issued shall operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair a44 in a clean, orderly, sanitary condition. SECTION 12 - APPLICATION OF ORDINANCE. A. All mobile homes, accessory buildings and appurtenant structures, and materals assemblies and equipment utilizied in,connection therewith, shall comply fully with American National Standards Institute (ANSI) Standard A 119.1 for Mobile Homes, applicable statutes of the State of New York, and orders , rules and regulations issued by authority thereof. In the event of a conflict between or among laws, ordinances or regulations , that law ordinance or regulation which is the more restrictive or establishes a higher standard shall prevail. B. The provisions of this Ordinance shall supersede existing City ordinances, codes or regulations to the extent that such .ordinances, codes or regulations are inconsistent with the provisions of this Ordinance; provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard for mobile home parks than those provided in this Ordinance and such more restrictive requirement or higher standard shall govern during _. the period in which it is in effect. C. In a case where a provision of this Ordinance is found to be in conflict with a provision of an existing City zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes a higher standard shall prevail.:. SECTION 13. - INVALIDITY. If a term, part, provision, section, subsection or paragraph of this Ordinance 2 (17) July 5 , 1972 shall be held unconstitutional, invalid or ineffective , in whole or in part, such deter- mination shall not be deemed to invalidate the remaining terms , parts , pr.ovisions , and paragraphs . SECTION 14 - EFFECTIVE DATE. This Ordinance shall become effective upon publication. AYES: 13 NAYS: 0 Carried and approved by the Mayor. REITPORTIONMENT: Alderman Slattery reported the Intergovernmental Committee was in agreement with the concept of 5 wards as proposed by the Reapportionment Committee but felt that the proposed new ward_ boundary lines could be adjusted to give better representation to City neighborhoods . He presented his Committee's recommendations as expressed by its resolution, dated June 3, 1972, -as follows. 1. The Committee objects to Reapportionment Committee's report of the five wards in the City because of the drastic effect on existing neighborhoods. It has no objection to the five wards . 2. It feels. that maintenance of neighborhoods is more important than equalizing voter registration among wards provided that there are at least 700 voter registrations in each ward. 3. It does not feel the necessity- of maintaining the present election districts. C� 4. It is submitting an alternate plan for consideration which will have to be modified, but it does keep the neighborhoods more intact. 5. It recommends that the Mayor shall appoint four non-partisan and non-elected people to advise the Reapportionment Committee in their efforts to redraw district lines . By Commissioner Rundle: Seconded by Commissioner Nichols. RESOLVED, that Tompkins County Board of Representatives be requested to take no action of approval on reapportionment until the City's suggested changes have been considered and until the City has had a chance to provide recommendations and input for suggested changes . CARRIED. APARTMENT DWELLING DISTRICTS: By Alderman Boronkay: Seconded by Alderman'Rundle. v RESOLVED, that the Council authorizes and directs the Planning Board to place a mora- torium on further A.D.D. projects until such time as the Charter & Ordinance Committee has reviewed rules and regulations governing same. CARRIED. SPENCER RD, AREA: The condition of the Spencer Road area was noted and Mayor Conley advised that odor and mosquito control measures were being taken pending lowering of the lake level. SILT DAM: Alderman Robinson wondered if federal assistance might not be available for cleaning the silt dam as a result of the recent flood and recommended that it be given consideration. GREATER ITHACA ACTIVITIES AGREEMENT: Alderman Robinson withdrew his objection to con- sideration of this item only if the City agreed to take the necessary steps to acquire title to the property involved. Alderman Nichols renewed her motion for approval and it was acted upon as follows : By Alderman Nichols : Seconded by Alderman Barber. RESOLVED, that the agreement be approved; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal. By Alderman Robinson: Seconded by Alderman Slattery. RESOLVED, that the foregoing be amended to provide that the City will enter into im- mediate negotiations and attempt to effect transfer title of the property from the Board of Education to the City for use as a recreational center. AYES: 2 - Robinson, Slattery. NAYS: 11 1 Amendment defeated. Alderman Robinson then objected to consideration of the main motion on the same grounds as he originally objected to it - not include in the agenda for this meeting. Mayor Conley again announced he intended to call a Special meeting as soon as I possible to approve the agreement. Discussion ensued as to the right to consider it at a Spec- ial meeting rather than the next regularly scheduled meeting specified in the Council's rules. By Alderman Spencer: Seconded by Alderman Barber. RESOLVED, that the Council hereby suspends its rules in this respect and does hereby agree to consider this matter at a special meeting if called by the Mayor. !R ­ED. 2-48 - l 4 8 (18) July 5 , 1972 CRP PROGRAM: Jon Meigs, Planning Director, presented an analysis of existing programs for community improvement under the CRP project and distributed copies thereof to the Alderman. FIRE; DISPATCHERS: Alderman Slattery presented and reviewed an agreement between the City and County covering fire dispatchers for the entire County. By Alderman Slattery: Seconded by Alderman Boronkay. - - RESOLVED, that the agreement as presented be approved; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the-City. Alderman Nichols objected because it was not listed on the agenda for this meeting. No further action was taken and Mayor Conley announced he would include this item on the agenda for a special meeting which he intended to call for approval of the G.I.A.C. agreement;: "CITY CLERKIS RETIREMENT: Geo. a. Blean, City Clerk, announced his intention to retire on September 3., 1972: EXECUTIVE.+SESSION: On recommendation of Mayor Conley, `it was moved by Alderman Guten- Berger, sec'onded by Alderman Robinson and carried that the Council adjot;rn into Exe- cutive Session - time 11:25'P.M. Several items _including criticism of City employees, departmeints, conduct of council meetings, and selection. of a City ..Controller were- discussed "but no formal action was taken. :,any; of the-matters discussed'. On motion the meeting was, adjourned att 12:15P.M. Ueo. A. Blears City Clerk Edward J. Cony tr l , 249 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. S.c''CIA-, 1EETING 5:00 P.M- July '10, 19 72 F: 1. _ Mayor_ - Conley Alderman (10) - Spencer, Henderson, Saccucci, Barber,, Robinson, Schmidt;; Rundle, Spann, Meyer, Nichols. �. ABS ":7 T: 11derman (4) - Boronkay, Jones , Slattery, Gutenberger. 00HERS PRESENT: Attorney - Gersh ;. Urt-a,n Renewal Director - Daley Controller - Spann Ci--rk - Blean c. MINUTES: By Alderman Seconded by Alderman Sehmidt. F,ESOLVED, that the minutes of the special meeting held on June 21, 1972 be approved as recorde4 by the Clerk,,,- CARRIED. wMayor Conley announced he had called this special meeting for the parpose of taking ac- tion of'- the. following items: 1. Fir4.Dispatchers' agreement. 2. G.I.AC. agreement. 3. Public hearing, on proposed development,.of U. R,, block 99 (S Cayuga St. ): 4. ' 1'Traasfef"of title to W. Green St: parking_lot from- City to U. R. Agency. CITY; CO'UTROLLER: Mr. David Saperstone and Mr.. Stuart Lewis, Chairman of the Downtown Businessmen n'A sociation, appeared before the Council and objected to the Mayor's announced appointment of Richard M. Daley as City Controller to become effective upon Council approval thereof. The matter was not listed on the agenda for this M.eetin,,7,. By Alderman Robinson: Seconded by Alderman Schmidt. r :�O1,rD, that the agenda for this specialmeetingbe americed by includYng the confirma- tion of the Mayor's appointment of Mr. Daley as City Controller. Upon inquiry, Attorney Gersh ruled that if any alderman objected, the matter could not be acted upon at-this. time. Alderman Meyer objected, discussion ended, and it was a&e2d that the matter should appear on the next scheduled meeting for discussion. iiW4� DTSPATCHERS: By Alderman Nichols: Seconded by Alderman Spano. RC�., .t D51 that the agreement between the City and County regarding fire dispatchers for the. entire County as presented by Alderman Slattery at the lest meeting be approved. Alderman Robinson objected because he felt the City was being required to pay more than its fair share. In the absence of Alderman Slattery, a copy of the agreemPnt wcz unavailable for detailed review and further action thereon was deferred until the next meeting, ' v GRTATER ITHACA ACTIVITIES CENTER: Alderman Nichols again presented and recommended ng a..- roval of an •agreement between the .City and Greater Ithaca Activities, Inc._, prov-L.di fog the development 'and'operation` of the former Central Scho'l properties for use as a Center for neighborhood facilities . Ply Aldterman.Nichols: Seconded by Alderman Schmidt. P SOL 'D; tliat. the agreement as' presented be approved; and that the Mayor and City Clerk be authorized to sign' 'aad execute it on behalf of. the City,, under.its Corporate Seal. Alderman Robinson, voiced 'his objections again be,caus,e he. felt', the City.sboul'd f-.rst obtain title to the property. A YA'S 8 Spencer, Henderson, Saccucci, Schmidt, Spann,; Rundle.,,.Meurer, Nichols KXYS": 0 gL3TAI1ING; 2 - Robinson,,: Barber. Motion Carried., _ n ..r H2. RLNG - U R. BLOCk 99 .,DEVELOPMENT: $y Alderman "Henderson. Seconded by Aldermr.,m R�,S�.,�. J, that the Ithaca ,Urban Renewal. Agency be and, they are,'hereby authorized and directed to a.dvertis,e for 'a public .hear' on the .proposal presented by Walter J - ;�.ns; and that the',said hearing be held on a.'date .to be set'by *the 'Agency in accord::bce with applicable Law. Said date to be sett iri concert with the Canmon Council, and as soon e3 possible. 'dARRIED. 250 (2) July 10, 1972 W. GREEN ST. PARKING LOT TITLE: Consideration of this item on the agenda teas withdrwda. ✓` ACTING MAYOR: Mayor Conley reported that he expected to be away from kris Office during the next few weeks while traveling on behalf of N. Y. S. Confex+enee of *" in an effort to seek additional contributions for neighboring flood ravaged areas. He noted that the Acting Mayor and Alternate Acting Mayor were expected to be away during Part of this time also and he therefore recommended the appoint�i t of A1de== Randle as "Act- ing Mayor" to serve if needed during these absences. By Alderman Robinson: Seconded by Alderman Saccucci. RESOLVED, that Alderman Rundle be appointed Acting Mayor to serve during the abseac of the Mayor, Acting Mayor and Alternate -Acting Mayor.- CARRIED. GOLF COURSE SEASON TICKETS: Alderman Robinson felt some rebate shoulA be provided to season ticket holders at the municipal golf course. By Alderman Robinson: Seconded by Alderman Barber, RESOLVED, that the Board of Public Works be requested to study the loss of play time suf- fered by users of the municipal golf course who have purchased season tickets and have been unable to use the course as a'result of the recent flood dmwW; and to make such rebates as the Board may decide to_'be reasonable, fair and Just to all ccnoerned. CARRIED. STORM DAMAGE CLAIMS: Alderman Saccucci reported that Red Cross offici&U expected, to meet on July 14th at the Agricultural Center on S. Fulton St. to receive damage claims caused by the recent flood damage. He asked the news media to call this to the atten- tion of property owners affected. MAYOR'S FLOO FUND: Mayor Conley announced a total of $16,558.96 had been donated to j04t *► r4o9d Relief Fund to date, and that $12,000.00 of this amount had been . 3�_,r to AgjAbboring cities in the disaster area. tn motion, a meeting was adjourned at 5:55 P.M. City'ftea*k Edward J. Conley. Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. SPECIAL MEETING 5:00 P.M. July 19, 1972 PRESENT: Mayor - Conley Aldermen (12) - Boronkay, Henderson, Spencer, Saccucci , Slattery, Robinson, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols . _ABSENT: Barber, Jones . OTHERS PRESENT: Attorney - Gersh Building Commissioner - Jones Controller - Spano Urban Renewal Agency Attorney - Mulvey Clerk - Blean Deputy Clerk - Grey All present stood and were led by the Mayor in a pledge of allegiance to the American Flag. Mayor Conley announced he had called this Special Meeting to consider the following items: 1. Confirmation of Mayor's appointment of City Controller. 2. Appointment of a City Reapportionment Committee. 3. Approval of Fire dispatcher's'agreement. 4. Ordinance dealing with glass recycling recommended by B.P.W. 5. Conveyance of title to W. Green St. parking lot to U. R. Agency. 6. Dog Ordinance. CITY CONTROLLER - R. M. DALEY: By Alderman Rundle: Seconded by Alderman Robinson. RESOLVED, that the Mayor's appointment of Richard M. Daley as City Controller be and hereby is approved and confirmed immediately at a salary of $20,752; Said Salary to begin at,,,!such time as Mr. Daley is relieved of his duties with the Ithaca Urban Renewal Agency ,and that Mr. Joseph A. Spano be retained at the salary established May 10, 1972 until Mr. Daley enters the City Payroll, at which time Mr. Spano shall be reinstated in his previcus City position as assistant Controller at the previously approved salary. Alderman Rundle reported six out of a total of 30 applicants for the position had been interviewed and that the Budget & Administration Committee had determined that none of' those interviewed had more qualifications for the position than Mr. Daley. He reported that Mr. Daley, therefore, had been recommended unanimously by the Com- mittee for appointment to the position. AYES: 1 1 NAYS: 0 ABSTAINING: 1 - Spano. Motion Carried. REAPPORTIONMENT COMMITTEE: Mayor Conley announced his appointment of Keith McNeill, C. Murray Van Marter, Jack Kiely and Gregory Kasprzak as members of a City Reappor- tionment Committee. By Alderman Robinson: Seconded by Alderman Saccucci . RESOLVED, that the Mayor's appointment of a Reapportionment Committee be approved and confirmed; and that the Committee be requested to review the recommendations of the Intergovernmental Committee contained in the Council's minutes, dated July 5, 1972, and provide recommendations and input to the Tompkins County Reapportionment Committee for suggested changes in the proposed new ward boundary lines. CARRIED. FIRE DISPATCHERS' AGREEMENT: Alderman Slattery again recommended approval of an agree- ment between the City and the County covering the hiring of fire dispatchers for the entire County. He reviewed the agreement in detail. By Alderman Slattery: Seconded by Alderman Schmidt. RESOLVED, that the agreement be approved as presented; and that the Mayor and City Clerk be authorized to sign and execute it on behalf of the City, under its Corporate Seal. ALUM (2) July 19, 1972 AlC�rman Ro'zJ.rs^n objected,again on the basis that the City was_paying m9r� than its fair share' of the cost involved. The City's share of the cost was estimated-at - :7.5 ,000.00.per .annttr.. AY t S: 11 YLYS: 1 - Robinson. Motion Carried. CLP,3S F7!CYCL11?G: By P,,Lderm,-n Meyer: Seconded,by. Alderman Zaccucci-.` that,:Sectio'n 11-6 of the Code of;ordinances be:'-amended by. adding a°new ,-r-.rh, to read, aa. f01_1.o rs (C 1) Class .contai nero , .st.^nding aT ,,t'.ing to t',e cont. a.ry contained in Section 11-6, no glass containers b° c.ecc_u:ed ' o Go>>.ecticn with ocher �_iuse in any area of the City which has bec-i sy:,c fica3'jy `, s-ignwtcd .k;r :?e Surori:ntande�t for such. c6.1lect,ion. -Glass^..C_qn . .. fcy Jdi,,;l?oca:1,,:by the Cit;, a_ . .such designated a.ecs , miist be placed in'sepa."rate c,:.:•c?_;�wrd',boxes dr 'large piper .s,P_C s &aad -shall be set at the cu-rb Por collection oil, t<.i"Same day an.d,'n t;:e sn e, time a:� other, trash. In designating an, ar-,ea'of :the City 'crate collec-;;ion o�° ,:glasry cortaine.rs,, the, Superintendent ,shali list the streets and/or portions, cf:stree{,s .so affectcu; .the day of collection,.and the effective date o-" such designation. D7 --^ing a lengthy discussion 'it;was' evide;1t that there =,ras. divided-opinion-among -those pres,^nt as to whether or not to enact this as an ordinance or provide for it with a sinnl,, resolution. At th rcqu st of Alderman Boronkay, the Mayor declared a three- ^.a roc ss in the proc^tidings to discuss the matter more fully. At the'end of the _ peri y od, B". or ^onlny called the nee;,ing to order again, and action was taken by Alderm,^.n Bnro-�_'.:ay, that t' C^r_a :Ll Va t g_a-,ss containers for disposal in the City, in c e ` 7r.ated a-_e,as , r-� placed in ..eparatue suit-able containers , approved by the Super- In te.,.dcnt cf Pa'olic Wo2Ths , and that' they be set at the curb for collection on the and at t' a;,e +,i_m.e a:i other tra^h; and that in designating,an area of the CJ_`l fc. stet a.rate of glc:._,s containers, the Superintendent shall-1d.st the' rtr c'. > 2ad; l:c o­ so affected, the day of collection, and the ef" d zt 2 of s u,^h d,:s i :�a`.i on. CA??ZIE f I � v' T'< ^.,: ?T :`ri T.ET PAPT.tII?q LOT ^TT,LE_ B � Alderman Henderson: Seconded by Alderman Sac- cuc ci. k'TiE ]AS, The C=on Council of the City of Ithaca, Few York, approved and authorized the C;ty Attorney to rnri4:. :;t an act to authorize the City of Ithaca to discontinue t?:-,.e use of certain ?.^g 1e aid to so-.1 and convey such lands to the Ithaca Urban RPn°-�::70. A enc;r f'.`.. ter^ :";'�''"x)^.'�9�., C_ "-".�'1 A.��nc;r, ^nd t' T r Y�r Uv . L S.._c1 ._�_c•� a�_recd such request on Mcy 12, 197,. (Chapter 1:-,7;3 of r't„r ,. 1�-(0 i T?L'F O I BE IT Fi�SOI VJ''D; 1. That the Mayor and the City* Clerk are authorized and directed to execute a deed to the Ithaca Urban Renewal Agency for the parcel of land set forth in said Law c=-­.only k o,.m as 11-j- Td. Grcnn S±, 2. Said conv_-an^e = c for a c ..:n cf rC,:'j._-ty Th.^u^and Dc'Jars ($30,000,00) Tyr. David Salez:si;cne h-.s ccnce-n on behalf of the Do,mtown Merchants De- velojment Corp. about d:ispoSal of t?�e _.ot. He felt, that the City should not sell it but retain title to it to provide off-street parking for customers of area merchants. Alderman. Boron-gay expressed a similar view and felt that if the City disposed of it, ._mm,adlate stc—s should be ta':en to r.-:place it. A. 7,S: ].1 PuA;'S: Carried and approved by Mayor. PU '.,TC HLARTT'G - U. :T. BLOC.K 99: Bar Alderman Robinson: Seconded by Alderman Nichols. ,SOLVED, that the 1-1 _ : ca U:cban R°_newal Agency be and hereby is authorized to adver- V.4 e for a pr_bii_c hoaring to be held at 7:30 P.M. on August 2, 1972 by this Common Cou:.cil cn a p,.�Y, ._-"_ -anted by Walter J. Wig^'.ns for the development of Urban R:)nc�wal Block CARRIED. pr, n ,-rr Py.?'"F• TTO rencrt. C-- C_ 'TAIT?nR 0 DTITAT.?CE: Alderman Sl at' ery inquired if any work had been done on 4. :ration of an open eep.,r ordinance. It eras roported that one might be ready f t':.e Couaci 1's next mo etin;. Y 2 � (3) July 19, 1972 W. GREEN STREET PARKING LOT REPLACEMENT'' _W,Alderman Boronkay: Seconded by Alderman Robinson. RE19GLVED that the Planning Board be requested to begin a study of replacing the W. Green St, parking lot (111 W,- Green St. 1 as soon as possible. CARRIED. FLOOD DAMAGE: Alderman Boronkay called attention to complaints from residents of the southwestern section of the City including Titus Flats and the Fairgrounds about._the obnoxious odor, fly, and mosquito problems caused by the recent flood waters. By Alderman Boronkay: Seconded by Alderman Robinson. RESOLVED, that the Mayor and Superintendent be directed to investigate these com- plaints and make an effort to have these nuisances abated. CARRIED. MEDIATHON; Mayor Conley introduced Herb Gordon who reviewed efforts being made to conduct a mediathon on Saturday, July 22nd to raise additional money for flood re, lief victims. He announced that -44 area merchants had agreed to donate a percentage of their business on that day for the cause. He- announced also that free bus service and free parking in City lots would be provided to help make the event a success. Aldermen-,were asked to volunteer to answer telephones on the occassion. On.mdtian.,,the5�meeting was adjourned at 6:30 P.M. Geo. A.) Blean City Clerk dward J. Conley Mayor . f 5 COI41014 COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. July 26, 1972 SPECIAL MEETING 7:30 P.M. PRESENT: Mayor - Conley Aldermen - (12) Henderson, Spencer, Saecueci, Barber, Slattery, Robinson, Gutenberger, Rundle, Spano, Meyer, Nichols, Boronk'ay. ABSENT • F Aldermen (2) Jones, Schmidt. OTHERS PRESENT: Attorney - Gersh City Engineer - Schlieder "r rol Planning Director - Meigs ��er B1ean Housing Authority member - Alexander Deputy Clerk - Grey MINUTES: The phrase "open can ordinance" contained in the Council's minutes, dated rr t,;; �� July 19th, was corrected to read open container ordinance". By Alderman Robinson: Seconded-''by. Alderman--Boronkay. RESOLVED, that the minutes of} JuV111 51h, July 10th, and July 19th, as corrected, be and hereby are approved as record6A 'by 'the .Clerk. PUBLIC HEARING - ZONING MAP AMENDMENT: Mayor Conley announced this special meeting had been called to hold a public hearing on a proposal to amend the Zoning Map as follows: Rezone that portion of the DeWitt block, bounded by E. Seneca Street, North Cayuga Street, East Buffalo Street, and North Tioga Street, which is currently zoned B-1, to a B-2 zone. This will make the entire block a B-2 zone. The public hearing was opened and the Clerk read a letter from the Planning Board re- commending approval of the proposed amendment. He then read eighteen letters - one from the Chamber of Commerce, one from Burns Realty Co. , one from Hal's Delicatessen, and the others from residents of Ithaca and the surrounding areas all of which were in favor of the proposed change. Fred Weinstein, attorney for the Hotel & Restaurant Association, spoke against the proposal. He contended it was before Council illegally at this time. He charged it failed to meet the requirement of Sec. 83 of the General City Law regarding the form of filing and Sec. 809 of General Nb.nicipal Law regarding disclosure of conflict of inter- est on the part of Mr. Downing, the petitioner. He charged it represented spot zoning for the benefit of one property owner - rather than for the entire community. Mr. David Saperstone opposed the proposal because he felt the area was already over- crowded with restaurants and bar rooms. Mrs. Betty Friedland spoke on behalf of a group of young people who were interested in operating a restaurant in the building if the area was rezoned. She felt it was not the City's responsibility to decide how many restaurants should be in the area, that it was for the good of the entire community, that it was not spot zoning but something that would make in consistent with the surrounding area. Mr. Downing, the petitioner, spoke on his own behalf and urged approval of his request because he felt the change would have a stimulating effect on the downtown area. No one else asked to be heard on the matter and it was moved by Alderman Robinson, Seconded by Alderman Slattery and CARRIED that the hearing be closed. Mayor Conley reviewed the request and expressed his opinion that it was a reasonable request and would be beneficial to the downtown area. Attorney Gersh stated his opinion that Mr. Weinstein's objections were not valid or sub- stantive enough to nullify the validity of this hearing. He disclosed his legal firm's interest in Mr. Downing as a business client. He advised the Council could make its determination in the matter at this time or could adjourn without taking any action until he had a further opportunity to decide whether or not he should disqualify him- self as City Attorney in the case. By Alderman Robinson: Seconded by Alderman Nichols. WHEREAS, a public hearing has been held by the Common Council this 26th day of July, 1972, on a proposal to amend the Zoning Map of the City of Ithaca by rezoning a portion of the DeWitt block, hereinabove described, frcm a B-1 to a B-2 zone, and WHEREAS, said proposed amendment has been approved by the Planning Board, NOW THEREFORE BE IT RESOLVED, that the Zoning Map of the City of Ithaca, adopted on June 7, 1961, be and it hereby is amended by rezoning the following described property: Rezone that portion of the DeWitt block, bounded by E. Seneca Street, North Cayuga Street, East Buffalo Street, and North Tioga Street, which is currently zone B-1 to a B-2 zone - making the entire block a B-2 zone. Effective upon publication. AYES: 39 1 0 - NAYS: 0 ! ABSTAIN71TG: 1 - Sa^cucci CARRIED and approved by Mayor. (2) July 26, 1972 COLLEGETOWN DISTURBANCES: Mayor Conley reported the Ad hoc Cammittee., which he had v appointed to investigate the Collegetawn disturbances of May 13, 1972 had filed a written report of its findings and urged members of the Council to familiarize them- selves with its contents . By Alderman Slattery: Seconded by Alderman Robinson. RESOLVED, that the Council expresses its thanks and appreciation to members of the Ad hoc Committee for their individual time and efforts spent in reviewing this situation and compiling a report thereon. CARRIED. On motion the meeting was adjourned at 9:00 P.M. _1 Ge A. Blean Ci ty Clerk ' W Edward J. Conley/ � Mayor E COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N. Y. REGULAR MEETING 7:30 P.M. August 2s 1972 PRES""ITT: Mayor - Conley Aldermen (13) Spencer, Barber, Saccucci, Slattery, Robinson, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Boronkay, Henderson. ABSENT: Alderman - Jones OTHERS PRESENT: Attorney - Gersh Director of Planning - Meigs Fire Chief - Weaver Urban Renewal Attorney - Mulvey Chief of Police - Herson Urban Renewal Director - H. Stilwell Brown City Engineer - Schlieder Clerk - Blean Building Commissioner - Jones Deputy Clerk - Grey Deputy Bldg. Comm. - Boda Controller - Daley All those present stood and were led by the Mayor in a pledge of allegiance to the American Flag. MINUTES: By Aldermen Robinson: Seconded by Alderman Rundle. RESOLVED, that the minutes of the Council's Special Meeting, dated July 26, 1972, be corrected by changing the vote on amending the Zoning Map to read as follows: AYES: 10, NAYS: 1 - Boronkay, ABSTAINING: 1 - Saccucci; and that as thus corrected the minutes be approved. CARRIED. PUBLIC HEARING - U. R. BLOCK DEVELOPMENT: Mayor Conley opened a public hearing adver- tised for this time to hear anyone interested in the proposed Disposition Agreement conveying land in U. R. block 99 to Walter J. Wiggins for the development thereof to include a Ramada Inn and a gasoline filling station. Mr. Wiggins presented plans for his project and reviewed them in detail. The following appeared and were heard on the matter: Albert C. Neimeth, 205 Fall View Terrace: He agked the Mayor for his views on the project. Mayor Conley stated he was very enthusiastic about it. Arthur Rosten, 654 Elmira Rd: He questioned the need for additional housing units and requested that a new economic survey of local conditions in this respect be made before approving the project. Reginald Collins, 126 RidgewRd: He supported the project enthusiasticaLly. David A. Sa erstone 100 W. Buffalo Street: He supported the project also. Phillip Kar_ver, 11b E. State Street; He termed the project insulting, boring and tra- gic. When all present who wished had an opportunity to be heard, it was moved by Alderman Robinson. Seconded by Alderman Boronkay, and CARRIED that the hearing be closed. Mayor Conley declared a five-minute recess at this point in the proceedings. At the end of the recess, Mayor Conley called the meeting to order again and the fol- lowing actions were taken: By Alderman Henderson: Seconded by Alderman Barber. WHEREAS, it has become necessary for the Ithaca Urban Renewal Agency to revise the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project (N.Y.R. - 112) and it is required by Federal and State Law that said plan change must be approved by the Common Council of the City of Ithaca; and WHEREAS, the Ithaca Urban Renewal Agency at a special meeting on the 20th of July 1972 duly approved by resolution, a copy of which is attached hereto and made a part thereof, the proposed changes to the Urban Reneeal Plan for the Center-Ithaca Urban Renewal Project N.Y.R. - 112 as follows; and WHEPMAS, the Planning Board of the City of Ithaca at a regular meeting on the 25th day of July 1972 has recommended by resolution, a copy of which is attached hereto amd made a part hererof, the proposed changes to the Urban Renewal Plan for the Center-Itha4 Urban Renewal Project (N.Y.R. - 112); and WHE'REA, this Council has given careful consideration and reflection to the requested changes in said Urban Renewal Plan and deems said changes to be appropriate, neces- sary, and in the best interest of the City and its Urban Renewal Program, NOW, THEREFORE, BE IT RESOLVED: 1. The presently existing page R-213 - 3 of said Urban Renewal Plan be amended by deleting the exception of residential and transient housing therefrom and thus allowing any commercial use authorized and permitted by the zoning ordinance of the City of Ithaca for block 99 on page R213-3 of the Urban Renewal Plan. 2. That this Resolution take effect fourteen (14) days from this date. AYES: 13 NAYS: 0 CARRIED. Resolution No. 194 A RESOLUTION OF THE ITHACA URBAN RENEWAL AGENCY REQUESTING COMMON COUNCIL TO CHANGE THE CENTER-ITHACA PROJECT I. N.Y.R.-112 URBAN RENEWAL PLAN WHEREAS, The plan for Urban Renewal Project I, N.Y.R.-112 Center-Ithaca designates certain permitted uses now for Block 99 and it has been found that the existing permitted uses excluding residential and transient housing reuses have been detrimental to the achievement of objectives of the Urban Renewal. Program, and WHEREAS, this exclusion of residential and transient housing for Block 99 no longer appropriate; and WHEREAS, The Ithaca Urban Renewal Agency deems it necessary after careful study and deliberation that said Urban Renewal Plan should be changed and amended as it applies and pertains to Block 99 and that the exclusion of residential and transient housing for this Block be abolished; and NOW, THEREFORE, BF TT RESOLVEDi 1. That this Agency requests Common Council of the City of Ithaca to undertake necessary legal proceedings to effectuate a change in said plan deleting the exclusion of residential and transient housing and thus changing the use designation for Block 99 on page R213-3 of the Urban Renewal Plan. 2. That this Resolution take effect immediately upon its adoption. Adopted this 20th day of July, 1972. Chairman Ithaca Urban Renewal Agency ATTEST: Secretary Ithaca Urban Renewal Agency Jay 2, 1972 Xeyor Conley and Meabera of Cow C©t=il City Ran Ithaca, Now York � Dear Myor Conley and X=hers of Councail$ The Planning Board has reviawod the proposal of the Urban Renewal Agmacy re,,-.arrdIn3, a chmae in the playa for Block 99, and pasood the folleving revolution c i "TUO rkhsoa► City Plarmim4g 11,=a requests C Council Of t e City cad` x*f;b,rx;a to UM,GrtcLe neG'esgjL1; cbrnj!�* in caid plerxi V,10 c clu 3im-A of• ri emi+ En �,i�t>l a ac t;�+�l.lAC—." yt4WVUI,I C=a t,avO chengl"MI the uZaa 4"o: ? 111ce"% 99 on puce =::—3 of thin Veoza r.=Qw'za Pl=' ." I Plc�=dzj Director for J�I:hb 257 (2) August 2, 1972 By7A" Iderman Henderson: Seconded by Alderman Barber. WHEREAS, WALTER J. WIGGINS, has submitted a redevelopment proposal in connection with the Center-Ithaca Rene-gal Project I., such proposal being incorporated-in a proposed contract for the sale of ., .and for public redevelopment dated,July '7 "'1}72, wh'i'ch `psis- posed contract .is. on file at the Office .:of the Ithaca Urbar 'Renewal'Agency, and :W WHEREAS, the AaidALTER J. WIGGINS has:,been -heretofore duly designated by the Ithaca Urban Renewal Agency as a qualified and eligible sponsor pursuant to the provisions of Section 507 of the General Municipal Law without auction, _sealed.,.:ox. matched bids, . anc :: .. WHEREAy,.,,the Ithaca Urban Renewal Agency has duly caused to be published in the Ithaca Journal, a local neweniedia, public notice of the date and time of this hearing pur- suant to the applicable provisions of law which notice included among other things the prise to be paid and all other essential terns and conditions of said_.pr_oposed disposition,. and,„ .. WHEREAS, the Common Council of the City of Ithaca has conducted a public hearing in connection with such proposed disposition, said public hearing being held on August 2, 1972 at 7:30 P.M. which date is not less than ten days after the publication of the .notice of said public hearing, and WHEREAS, upon said public hearing,Reginald Collins and David A. Saperstone appeared in favor thereof,; and Arthur Rosten and Phillipe Karver appeared in opposition thereto as reflected in the official minutes of the Common Council of the City of Ithaca, and WHEREAS, due deliberation having been had herein, C NOW, THEREFORE, .BE IT RESOLVED, that the proposed disposition agreement including:-the sale of ;the, land described therein for the sum of one.:hundred`'eighty-five tl o;usohd: it and n6/100: dollars ($1851,000.00) to the said;-.WALTER J. WIGGINS, be and the same is hereby approved, and BE IT RESOLVED, that subject to final ,approval.�of: all proposed documents by the -U. S. Department of Housing and Urban Development and New York State Division of 'H6using " and or�p:tkity Renewal,'1"6e .Chairman of ,the Ithaca -Urban Renewal Agency be and he hereby is ,authorized aA4'designated as to the specified municipal officer, as provided in Part 1802.2. (b) (e): (iii) of the Rules and Regulations of the .New .York State Division of #ousing an.d•,C,ommunity Renewal to execute any and all disposition d=u- ments in,pgiane;ction with, said sale, including but not limited to,the deed thereto. AYES: 13.. NAYS: 0 CARRIED. ZONING..,V -PNS: The Clerk read a petition regarding alleged violations of the Zoninrdinance. It;,was signed by six, property owners and their wives in the Bryant Tract. area. They considered the occupancy of three one-family dwellings, namely: 319 Ithaca Road, 321,lth' Road and 314 Cornell Street unlawful and in violation of- the ordinance ; They.;.;asked' for relief from their complaint by enforcement of the Zoning Ordin4nce. By Alderman Robinson: `Seconded by Alderman Barber. RESOLVED, that the petition be referred to the Building Commis'sion'er for review. CARRIED. Lt NOISE COMPLAINT,: The Clerk read a:letter frcm-"D., Boardman,Leo tegistering his cem- pint about the noise of motor vehicles and motorized equipment in t ai he City. He asked for strip-ter,";,enforeement of laws limiting such noise. Chief of Police Herson, stated that laws controlling noise of vAf'ies was hard to enforce since the noise had to be measured in decimals and this requires special equipment which the. Poliee Department did"not own. By Aldernap,,,Slattery ,,. Seocnded by Alderman Barber. RESOLVED,, the Mr. Lee's compiaint be referred to the Public Safety Committee and the Police Department for enforcement if possible. CARRIED. RETIREMENT PLANS: The Clerk read a letter from' N.Y.S. Policemen's & Firemen's Re- tirement System,.calling attention to;Chapter 962 of the Laws of 1972 which provided an opportunity for certain policemen ,and firemen to ,loin the 25-year or the. 20-year retirement plan. It was enacted for the benefit of those who for some reason not due to their own negligence were ,not able, .or:failed to file the proper election to partAcipate in,gne of these plans when it was available to .them 1 f By } 7 an Robirpsgn: . Seconded by Alderman Slsttfty .. RESOD. L? ;that t)p ,letter:_;be: referred to the Pub4c Safety Committee for •study and repot#., CARRIED: HISTORIC LANDMARK: The Clerk read.;a,letter from Ithaca Landmarks Preservation Can- mission recc mending that the City designate the Clinton House Hotel, located at 116 N. Cayuga.,5treet, as a historic and cultural landmark of the City. By Alderman Slattery: Seconded by Alderman Robinson. RESOLVED,,that the letter be referred to the Planning Board for its study and re- commendation. CARRIED. (3) August 2, 1972 ELMIRA: The Clerk read a letter frcm Joseph E. Sartori, City Manager of Elmira, thank- ing Ithaca and Mayor Conley for assistance provided to the City of Elmira during its recent flood emergency. COMMITTEE ASSIGNMENTS: In view of- Ald6rmk1h -Robi i6oir'-s penUng resignation Mayor Conley appointed Alderman Boronkay as Chair&aw- -`6f the thar,tftr & Ordinance Committee and announced that Alderman Robinaom's=§§ 'C"Bola f'ou]A fill'other vacancies that would occur on Standing Ccmmit tees..upm-oit-beipt off':'Alder an R6binson's resignation. SALE ,OF CITY PROPERTIES: .The,,,Clerk reported the sale on July 25th of the Water Pump- ing Station at the footsofi:Hector Street to N.Y.S. Electric & Gas Corp. for the total bid price of $2,550.001;land thdJsale of a parcel of land, adjacent on the south to 441 Floral Avenue, to Bexm4rd.;&;::Sal1_v,.Carpenter for their total bid price of $320.00. BIDS - VOTING MACHINES:,:fte---C3*jrk reported he had received a bid on July 11, 1972 from Automatic Voting Machiine. Dinpion, AVM CORPORATION, for furnishing the City with one new voting machine for``t. a total net bid price of $1,773.00 plus freight. He recom- mended its acceptance. By Alderman Schmidt: Seconded by Alderman Saccucci. RESOLVED, that a contract be awarded to Automatic Voting Machine Division, AVM Corp- oration, for furnishing the City with a new voting machine for the total net sum of $1,773.00, plus freight charges, as reccmmended by the City Clerk. CARRIED. POLLING PLACES: The Clerk presented a schedule of polling places in the City and reviewed the need for making changes in the lst District of the First Ward, the 2nd District of the 2nd Ward and the 2nd and 3rd Districts of the Fifth Ward. He re- commended their designations for the year following October 1, 1972. By Alderman Nichols: Seconded by Alderman Barber. RESOLVED, that the following be and hereby are designated as polling places in each election district in the City of Ithaca, New York, at which registration of voters, elections and primaries shall be held during the year following October 1, 1972: FIRST WARD: lst District Chestnut Street West Hill School 2nd District 626 West .State Street No. 6 Fire Station 3rd District 626 West State Street No. 6 Fire Station SECOND WARD lst District 119 Third Street Northside House 2nd District 100 W-. Seneca Street Women's Community Building 3rd District 310 W. Green Street Central Fire Station THIRD WARD lst District 309 College Avenue No. 9 Fire Station ,2nd District 109 Oak Avenue Lutheran Church 3rd District 502 Mitchell St Belle Sherman School FOURTH WARD lst District 1012 N. Tioga Street No. 7 Fire Station 2nd District 1012 N. Tioga St. No. 7-Fire Station 3rd District Cor. of King & Aurora Fall -Ckak School FIFTH WARD lst District 402 N. Aurora Street St. Paula Methodist Church. 2nd District 630 Stewart Avenue Cayuga Lodge 3rd District 630 Stewart Avenue Cayuga Lodge SIXTH WARD 1st District 310 W. Green Street Central Fire Station 2nd District 301 S. Geneva Street Henry St. John School 3rd District 520 Hudson Street South Hill School SEVENTH WARD 1st District 105 Stewart Avenue East Hill School 2nd District 309 College Avenue No. 9 Fire Station 3rd District 502 Mitchell Street Belle Sherman School CARRIED. ATTORNEY'S REPORT: Attorney Gersh reported on several meetings with Caldwell and Rothsch ld in connection with the development of a new Rothschild's Department Store. He reported he had made a motion to dismiss the lawsuit filed against the City in the Collegetown disturbances and that his motion would be heard during September. He reported also that he had requested dismissal of a request filed with the Department of Environmental Conservation for a reopening of the hearing on the City's application to take water from the Inlet because he felt the alleged new evidence presented was not valid. 2 " (4) August 2, 1972 BUDGET TRANSFERS: Alderman Rundle presented and recommended approval of Several budget transfers requested by the Board of Public Works. By Alderman Rundle: Seconded by Alderman Scb4dt. RESOLVED, that the following transfer of funds requested by the Board of Public Works are hereby approved as recommended by the Budget & Administration Committees Amount: $300.00 From: Van Natta Pump Station' Account F8320-2-101 TO Codd ngton,,, 9a4 Pump 'Station Account F8320-W-1,0.1. $1DA,00 Troy Road Pump Station Account F8.320-11-101 $100.00 Lane Pw* Gtozion hcoamt 108320-12-101 $100.00 �ixpoee Labor costs running higher than eD,li<*patod, dUL to 00d=&m4 r , Amomt: $600.00 Frown: Water Caitingent Account F1990 To: Troy Road Pump Station Accotmt 3!8320--11-4 Purpose- To repair -equi=eut damaged by lightning. l" Amount: $1,000.00 From: General Fund Contd gent Account A1990 To: Parks & Forestry Account A711OA--312 $500.00 Parks & Foreetry *cruc n t A7110A-314 $W.00 Purpose: Cost of Equipment Parts and �Corss,� �tcm hJ.,gbor tin anticipated. WARNER,, D �.__TOMg. & UMDE PAYMENT: By Alderman Rundle: SewAded� � �t Invoices dated. June, 1972, in the amount of $10.61; July 13, 19T2,, the amount of $1,380.77 and July 17, 1972, in the amount of $528.00 for A services on the East Green Street Parking Structure be apprvlM$ 4Qfi'-*r4W*d,.paid out of the existing funds in the Capital .4 b4laacee of $2, in thip account., CARRIED. j! S - WATEB FUND: By Alderman RwK11Q; Ryaccrded by A MA-SahmJdt. WTMTW&, th3s C.tmpt Tid 1 zas ,iuti,oa dated June 1, 1972 approve a. bcftZ, .. tion of $88,300.00 for Capital Projects in the Water Fund and WHEREAS, this Council has been requested by the B.P.W. to establish a Capitel,.Pro . s't'ir the "Redooet oA of the 24" Raw XAtex Iz telse 14ae" in the Watershed area, NOW THEP RM BE IT BFSOLU-D, that the Water Fun} Z increased from $88,300.00 to $98,300.00 and, BE IT FUMMR X.10LAMD, that the amount of $10,000.00 needed for this project be transfeaTad from the CptUgea Account, to the Capital. Account. Alderman Robinson inquired if this could be considered floox3,Klsna&e .arkel< s-]. .-- eligible for State aid. Mayor Conley advised an effort would be made to do so. AYES: 13 NAYS: 0 CARRIED. A T: cicrma*r Rundle: Seconded by A1.de Schmidt. that the bills =xii.tod wd zwvvoverd by the F1neu-cL--0=Jttee in the totAk amount of $14,527.95 as listed on Audit Abstract #7-1972, be ap}ax4qZ._&-AM=4 ,,, CARRIED. CODE AMENDMENT - 12-1972: By Alderman Meyer: Seconded by Alderman Nichols. 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 IBC', Seotion 15-180 of the Traffic Ordinance, Parking Prohibited At All Times on Certain Streets,, be amended by deleting therefrom and adding thereto as follows :' DELETIONS: Hancock Street, north side, -Lake Avenue to Third Street. Hancock Street, South Side, Meadow Street to Third Street. ADDITION Hancock Street, north side, Lake Avenue to Meadow Street. Effective upon publication. AYES: .13 NAYS: 0 CARRIED and approved. 260 (5) August 2, 1972 MOTOR M.1Cb� ORDINANCE: Alderman. Meyer reported the Board of Public-Wark!;`had reecm- mended adoption of an ordinance prohibiting -the use o'f`unauthorized moo =vehicles in public. grounds other-than on w_. P g public streets . ! By Alderman Meyer; , Seconded,by Alderman -Robinson. RESOLVED -that the Board,'s, recommendation. be referred' to the Charter & Ordinance Committee for Study and report. RECYCLING:" Alderman Meyer reported that between 2-12 and 3 tons of: discarded "glass.."con- taiz r ; iad been g�s�ke.d:_vg-in• the -City on.the first day of glass collection. SLUDGE, 141 E: Alderman Meyer reed a letter from the Tompkins County Health Department indicating that the concept of using waste sludge for agricultural purposes was• ac ceptable: to the Health..,I?epartment with the understanding that this material not bei- used on food crops, especially those that are eaten uncooked. ~ " 'ARLINGS: Alderman' Spano read a letter from Louis B. Bernard, 614 N. . Tioga .St" complaining about the nuisance caused by starlings in his neighborhood. By Alderman Spano: Seconded by Alderman Robinson. RESOLVED, that the matter be referre& to the Public Works .Committee for study,;and report. CARRIES: CHARTER & ORDINANCE REPORT: Alderman Robinson reviewed the work of the Charter & Ordinance Committee and indicated that the Committee was continuing its study of - several;;additional ordinances including dogs,' open containers,..zoning, taxi zone,, motor •.Xehicles as well as a review•of 'the entire zonii { ordinaance, housing and,build- motor ing codes,- and-err..-8mb&&&nt t'i5'"tii "ionitg ordinance to aiiermine a definition of the word "family". UBLI.0-9AFCQY SPORT:- Alderman Gutenberger reported'th{e Pttb�o.�ufet�r;C'cx�naritt :fie. nbed for an open "container 6rdinanee and s,*.as 'continuing its study and attempting tiL-Lsvvek:okit•information•'about it 'from other cities who have had experience with such" an ordin•anoets+ COLLEGETOWN DISTURBANCES: Alderman Gutenberger reported the Public Safety Committee had reviewed the recommendations included in the .AdHoc Committee's report_ on the Collegetown•-disturbances of"MSy 13, 1972, He reGa=ended,.,on .behalf of th+e'Coditi tee, the :•Ccmifbn Council, 'the Mayor, police agencies and local'sehools•.of higher edu- cation consider and act upon these recommendations in.. a speedy and .positive manner, By Alderman Meyer: Seconded by Alderman. Schmidt, RESOLVED, that the Publa,c Safety Committee's report .be;:acceat,ed snd approved: .. CARRIED. Mayor Conley advised that meetings would be scheduled with officials of Cornell University and Ithaca College to discuss these matters prior:to the return of'stu-. ..;` dents in the Fall. HUMAN SERVICE. COMMITTED rS REPORT: Alderman N�,chols.made progress reports on the fjol_ lowing;-­ L. The development of playgrounds at SouthHill School. :• 2. Comprehensive health plan for Tompkins County through a health clinic as part of the greater Ithaca Activities ..Center.at Central school. - TRA PTC CONSULTANT: Alderman Henderson;•reported'receipt of a'letter from Mr. Fried<- landb —' representative of Raymond, Parrish & Pine, outlining services to be per- formed as a Traffic Consultant in connection with a study of the downtown traffic conditions. The matter was. referred to the Planning Board for study and report. RES_ L_gION MTQH L A: ROBINSON: Alderman Robinson submitted,his formal resignation as an Alderman ;from•..the ,Second Ward;to :become effective on August 31, 1972• By'-Aide'"rman Spencer: Seconded by Alderman Boronkay&` WHEREAS, Michael A. Robinson who has served the City of Ithaca as an Alderman since January 1, 1970, has tendered his.resignation. as an _Alderman from the'•Second Ward, - to accept employment,..with the Berkshire:Broadcasting Company in N.' Adams,• Mass. NOW THEREFORE BE IT RESOLVED, the members of the Common Council hereby accepts his resignation and extejads• ,to him their thanks for his :civic work and interest during his= term of office and extends to him also their best wishes for continued success in his new assignment in his chosen field of endeavor, and BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes of this meeting and a coRy,,thereof presented to Mr. Robinson. Unanimously carried,. Peter Wallace (Rep. ) and John Dinee (Dem. ) announced candidates to fill the vacancy were present and introduced to members of the Council by Mayo Conley. 2 (6) August 2, 1972 REAPPORTIONMENT, Alderman Slattery reported the Special Reapportionment Committee appointed by the Mayor had been meeting with members of the League of Womens' Voters and that an alternate plan was being prepared for consideration. He recommended that a special meeting 'be called to review and consider the alternate plan. Mayor Conley agreed to do so as soon as possible. Controller Daley recommended the Council adjourn into Executive session to discuss salary«'increases granted officers of the Police and Fire Departments on May 3, 1972. It was moved, seconded and carried that the Council adjourn into Executive Session and Mayor Conley declared another 5-minute recess prior to going into Executive Session. EXECUTIVE SESSION" The Executive Session was convened at 10:15 P.M. Controller'Daley read,-A letter from the Police Benevolent Association protesting the raises granted by the- Council on May 3rd- for certain officers of the Police Department and Fire De- partments. The letter charged that the raises granted violated terms of the PRA wage agreement-'with the City. A lengthy discussion ensued but no official action was taken thereon. The Executive Session was concluded at 10:50 P.M. Mayor= Conley called the meeting to order again at 10:55 P.M. E GREEN STREET PARKING RAMP DESIGN: Mayor Conley reported on his recent negotiation with Caldwell Development Corp. concerning proposed design changes in the E. Green Street parking ramp to allow for easier access and easier parking off Green Street, My !Alderman Robinson: Seconded by Alderman Barber. RESOLVED, that the meeting be adjourned - time 11:25 P.M. - /R Geo. A. lean City Clerk Edward J. Conley Mayor n 262 WMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:00 P.M. August 9, 1972 PRESENT: Mayor - Conley Aldermen (10) - Saccucci, Slattery, Gutenberger, Sehmidt, "Rundle, Spano, Nichols, Jones, Boronkay, Spencer ABSENT: (4) - Barber, Robinson, Meyer, Henderson. OTHERS PRESENT: Attorney - Gersh Assistant Controller - Spano Fire Chief - Weaver Clerk - Blean Assistant to Supt. - Dougherty Deputy Clerk - Grey Controller - Daley REAPPORTIONMENT: Mayor Conley announced that this meeting had been called to accept or reject the reapportionment map submitted by the special committee he had appointed. Alderman Slattery read the report of the Ithaca Reapportionment Committee. The Committee examined various proposals and optional plans that had been done and used the Ithaca General Plan for the definition of neighborhood areal. Voter population was used as the basis for-. determining the proposed lines. The map as presented tries to preserve the recognized neighborhoods. Alderman Slattery said the City Intergovernmental Relations Committee had endorsed the map unanimously and urged its adqption. Mr. Edward Lutz thought the Committee should be commended and hoped that the city and county would agree on one map. Dr. Alvin Knepper suggested that the Council approve the map in principle and work out a compromise with the county. Alderman Schmidt felt that there was a wider diversion in the city plan than in the county clan. After further discussion involving voter registration in the various districts, Alderman Slattery presented the following resolution: By Alderman Slattery: seconded by Alderman Schmidt Pr.EREAS, the City of Ithaca Reapportionment Committee has submitted a proposal for re- districting the City of Ithaca and W P-REAS, it is the unanimous recommendation of the Intergovernmental Relations Committee that this plan be approved, NOW 7"dEREFORE BE IT RESOLVED, that his Common Council hereby accepts and endorses the reapportionment map as submitted and urges the County Board of Representatives to adopt the boundary lines as drawn for future voting purposes. ALES: 10 NAYS: 0 Carried and approved by the Mayor REAPPORTIONMENT COMMITT 3: By Alderman Slattery: seconded by;.11derman Schmidt 'KESOLV D, that the Common Council hereby expresses its thanks amid appreciation to the City of Ithaca Reapportionment Committee for its work and efforts in producing a reapportionment plan for 'he City. Unanimously Carried SOUTH HILL SCHOOL PLAYGROUND: Alderman Jones reported that money had been put into Capi al Reserve Account for work at the South Hill School playground. The Board of Public . Works was not satisfied with the plans that were submitted. She felt that some action -- should be taken on this before any funds are released. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the Superintendent be directed to produce a plan for South Hill playground improvement by October 1, 1972. Carried Cf ",PWELL PROJECT: Alderman Jones reported that they were having a meeting next week ;iR-h the Caldwell developer and hoped to make a formal presentation to the Common Council at the regular September meeting. 26 :.;� . -2- _...August 6, 1972 HANCOCK STREET PROJECT GRIEVANCES: Alderman Nichols reported that Mrs. Betty Hill represen g than t;-Wun`cil, an organization formed by some Tenants of the Hancock Street Project, presented a list of grievances to the Ithaca Housin a Authority. 'These grievances consisted of the need to bbtain permission to have an overnight o-uest, . a curfew not uniformly enforced, delay in opening the laundry facilities, and real or i�? inel hostility shown by certain employees of the Ithaca Housing Authority towards certain tenants. Sincelsome of the grievances involved individual employees of the Ithaca Housing Authority they ejected everyone except themselves and Mrs. Hill from the executive session. hers. Hill said she received satisfactory answers to the complaints. The Tenants Council will hold a meeting on Thursday, August 10, 1972, in the Community Services Building and the Tenants Rights Union will hold a meeting on Monday night, August 14, 1972, at 7:30 p.m. at the Northside House. Any Aldermen who wish to attend these meeting; are welcome to attend. The Human Services Committee will continue to be involved with the ' Hancock Street residents while they are grappling with their problems. Mayor Conley objected to not letting a member of Council set in on the Ithaca Housing A72-1:11czty's executive sessions and will set up a meeting with them to discuss this. Alderman Saccucci reported that he has had complaints from the residents of the surrounding nei '_-kbor•hood of the noise and commotion that noes on in the housing project. As this is the fi.-r-st of the housing projects, proper supervision must be had if future projects of this Mayor Conley reported that the law enforcement is a City problem,' not the Ithaca Housing Authority's problem and that the Police Department was looking into it. G�0 .'TUS FLATS HIGH RISE: Alderman Nichols reported that the Titus Flats, project had not Q been inspected as yet and this was holding up the moving in of tenants. Complaints had been made as to o-Iors, weeds, etc. surrounding the high rise and was being looked into. ROTARY SNOI9 PLOW: Alderman Rundle reported the Department of Public Works had taken bids v cn a rotary �cw plow and had awarded the bid at their meeting at 4:00 p.m. and was asking the Council to release the funds so that it could be purchased. By Alderman Rundle: seconded by Alderman Slattery I`EEREAS, this Comm•cn Council did by resolution dated July 5, 1972, authorize the Superintendent to advertise for bids on a Rotary Snow Plow offering a Trojan 3000 Tractor Snovel in trade and 111if'RFAS, bids were received on August 7, 1972, accepted and approved by the Board of Public 'Works on August 9, 1972, NOW THEREFORE BE IT RESOLVED, that this Common Council accepts the Board of Public "Works recommendation to purchase a Rotary Snow Plow from Charles J. Blackwell, Inc. for their low bid of $15,950,00 net, and BE IT FURTHER RESOLVED, that funds in the amount of $16,000.00 previously reserved be ; released for this purchase. Carried GEORGE A. BLEAN: By Alderman Rundle: seconded by Alderman Slattery fl`f T-X-S George A. Blean has announced his retirement effective Sentember 1, 1972, after having served the City of Ithaca continuously since July 12, 1930, and WHEREAS, during this period of more than 42 years he served the taxpayers and citizens of the City faithfully and diligently in performance of his official duties, and ITHEREAS, his devotion to his duties and wisdom exhibited in his handling of matters in his jurisdiction as, City Clerk since March 4, 1953, has earned for him the gratitude of this Common Council, •NO19 THEREFORE BE IT RESOLVED, that this Common Council does hereby extend to George on behalf of the .citizens of the City of Ithaca their best wishes for his health and for his retirement, BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes, and a copy thereof be presented to him. Unanimously Carried Alderman Slattery recommended that the Common Council adjourn into executive session. It was moved by Alderman Slattery, seconded by Alderman Schmidt and carried that the council adjourn into executive session. Mayor Conley declared a five minute recess prior to going into executive session. -3- August 9, 1972 EXECUTIVE SESSION: Alderman Slattery read a letter directed to Vayor Conley from RanJall Shew, Director of Community Relations at Cornell, in regards to recommendation #11 of the Ad Hoc Committee. Mayor Conley explained what #11 was and said he had already instituted the procedure, as he had a request for a block party in the College- town area.. They were meeting this week to act upon the request. SALES TAX: Alderman Slattery reported that the meeting scheduled for tonight with Edward Abbott on the Sales Tax had been postponed and would be rescheduled. On motion the meeting in Executive Session was adjourned at 6:10 p.m. C'4, Robert G. Grey, Deppty,,City Clerk Edward J. Conley, or t A 26 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK SPECIAL MEETING 5:00 P.M. August 30, 1972 PRESENT: Nay or - Conley Aldermen (13) - Slattery, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Spencer, Henderson, Barber, Saccucci ABSMIT: Alderman Robinson OTHERS PRESENT Attorney - Gersh Urban Renewal Director - Browne Superintendent of Public Works - Dingman Controller - Daley Fire Chief - Weaver Clerk - Blean Building Commissioner - Jones Deputy Clerk - Grey Mayor Conley announced that he had called this special meeting to take action on the following: 1. Approval of Parking Design Concept 4. Water Extension of Maple Ave. Housing 2. Approval of Method of Development 5. Designation of State St. Mall Architect 3. Approval of Letter of Intent 6. Bolton Point Resolution APPROVAL OF PARKING DESIGN CONCEPT: Alderman Jones and Mayor Conley explained the new 0C garage concept. The helix has been moved from north side of street to south side of W street making a longer back up potential for parkers. The ground floor wil1 consist of g=4 shops, putting more taxable property on the tax rolls. The garage will be built on posts with a second floor enclosed garage and parking on the third floor which will be open parking. This will increase the number of parking spaces from approximately 386 to approximately 450 spaces. Cost has increased because ,garage will be built by Caldwell before the stores underneath are built, necessitating a stronger post set-up to carry the garage,. Alderman Barber agreed to concept but questioned the cost compared. to.Coptland's cost for a three-tier garage. It was explained that this was two different types of construction. Alderman Slattery reported that the downtown merchants expressed interest in the parking as to their businesses and were informed that this was public parking to be used by all. Alderman Jones .es,ked the City Attorney if approval_ .of Scheme 2 would be locking the city into the concept. Attorney Gersh replied .that it would. By, Alderman Jones: seconded by Alderman Saccucci RESOLVED, whereas the Planning Commission has recommended approval of Scheme 2 for the Ramp Garage Project, NOW THEREFORE .BE IT RESOLVED, that this Common Council accepts the,recom�a"tion of, the Planning Commission and approves Scheme 2 of the Ramp Garage Project• i.n concept. Carried. APPROVAL OF METHOD OF DEVELOPMENT: Attorney Gersh explained that the method of devel- opment was to utilize the legal .capacities .of the Urban .Renewal Agency, Urban De,Ye;9pment Corporation, the City of Ithaca and the Caldwell Development. The procedures Were now being worked out and the best -of each agency would be utilized. The intention -was to have Caldwell build .all portions of the project then sell. Rothchild's to,.buy,tlie ,part+.. ment store, .Caldwell to sell the,ramp garage to Urban Development Corporation and then have Urban Development Corporation sell the ramp garage to the City. It would expedite matters to have one developer responsible for the project. . By Alderman Jones: -seconded by Alderman Nichols RESOLVED, that 'the basic method of getting the entire Caldwell Project underww by _ accepted. _ Carriedo APPROVAL OF LETTER OF .INTE.NT: Aldermt-fl, Jones reported that this letter had bgen .re.ceiver and they were unable tt this time to recommend it. _ This would be brought back,to the Council on the September 6, 1972 meeting. WATER-EXTENSION OF MAPLE AVENUE HOUSING Mayor Conley informed the Council that the basics had been worked out. The Town of Ithaca questioned whether the 8? units: that , would need water should be deducted from the 400 units allowed by the Couuncil... After, much discussion the following resolution was presented. By Alderman Nichols: seconded by Alderman Barber RESOLVED, that.. the 82 units of water hook-up for the Maple Avenue Housing be counted as part of the 400 units allowed the towns under the water moratorium. AYES: 11 NAYS: 2 Schmidt, Slattery Carried, 6 6 -2- August 30, 1972 DESIGNATION OF STATE STREET MALL ARCHITECT: Alderman Jones reported that the downtown redevelopment had progressed to the point that a schematic drawing Was being presented. The firm of Levatich, Miller and Hoffman was ready to present it to Council. David TaOo outlined the proposal. The mall would close off the 100 block of North Tioga Street to Seneca Street. State Street would be closed to vehicular traffic from Aurora Street to Cayuga Street. The Downtown Businessmens Association was in favor of the plan. Mayor Conley informed the Council that the city would pay the mall's cost but would get it back by creating a special tax district. After much discussion as to cost and architeet�. fees, the following resolution was submitted. By Alderman Jones: seconded by Alderman Spencer WHEREAS, the Planning and Development and Finance Committees have reviewed the Downtown Redevelopment Committee's recommendation for the proposed State Street Mall and the appointment of an architect to develop the project, and WHEREAS, the Planning and Development and Finance Committee endorsed the mall concept and recommended the development of the State Street Mall by the architectural firm of Levatich, Miller and Hoffman in close cooperation with the Department of Public Works, NOW THEREFORE BE IT RESOLVED, that the Mayor and City Clerk be authorized to sign and execute a contract to the architectural firm of Levatich, Miller and Hoffman for the development of the State Street Mall and BE IT FURTHER RESOLVED, that the city okeys expenditures for their service not to exceed $5,000.00 without specific Council approval, and BE IT FURTHER RESOLVED, that the said sum of $5,000.00 shall be temporarily taken from the contingency fund and put into a Mall Project fund pending later bonding arrangements for the development cost. Carried. At this point the Mayor declared a recess before going into Executive Session. EXECUTIVE SESSION: Mayor Conley reported that clarification should be had between the Board of Public Works stand on Bolton Point and the Council's stand. After hearing the Superintendent's explanation of the Board's concern, the Mayor declared the executive session over and the meeting reopened to the public. BOLTON POINT RESOLUTION: Alderman Spencer reported that he had a resolution that would clear up most of the points in question and would present it. By Alderman Spencer: seconded by Alderman Schmidt WHEREAS, this Common Council is the legislative and policy making body for the City of Ithaca, New York, and WHEREAS, this Council did agree at a special meting held on June 21, 1972 to support the Town of Ithaca, Dryden and Lansing and the Village of Cayuga Heights in their point application to use Bolton Point on Cayuga Lake as a water source, and WHEREAS, it is the expressed intent of this Council to continue to cooperate with the municipalities mentioned above in seeking the best possible long range solutions to probe lems involving water sources and management, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca, New York reaffirms its action supporting the application of the Towns of Ithaca, Dryden, Lansing and the Village of Cayuga Heights to develop Bolton Point as a water source, and BE IT FURTHER RESOLVED, that the City of Ithaca will not speak in opposition to this application at a hearing to be conducted by the New York State Department of Environ- mental Conservation which is scheduled to convene on September 11, 1972, and BE IT FURTHER RESOLVED, that Edward J. Conley, Mayor of the City of Ithaca, is hereby authorized to be the representative of this Council and the City of Ithaca at the heario# mentioned above as an interested party in the Bolton Point application, and further that Mayok,Cotley is directed by this Council to pursue his request to be included in the hearings as an interested party to the application, and BE IT FURTHER RESOLVED, that the Common Council reaffirms its responsibility to establish,0 with the aid of recommendations of the Board. of Public Works policies of the City of Ithaca in relation to water supply, and that the Common Council will be responsible agenc7 for negotiating water agreement with other municipalities. Carried. j GOLF COURSE DAMAGE: Alderman Spano reported that the golf course was in bad shape and needed to start rebuilding this fall in order to operate at peak in 1973. Estimated coal would be approximately $50,000.00 but $30,000.00 would be enough to get them started. By Alderman Spano: seconded .by Alderman Slattery RESOLVED, that the request for $30,000.00 to start work on the golf course due to flood damage be referred to the Finance Committee, to report back at the next meeting. Carried. On motion the meeting was adjourned at 7:40 P.M. Robert G. Grey, Dep. C ty Clerk Edgar 'J. onley ayor r 267- COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. Septesbe! Se *7* PRESENT: Mayor - Conley Aldermen (14) - Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, boronkay, Spencer, Henderson, Barber, Saccucai, Slattery, Wallace OTHERS PRESENT: Attorney - Gersh Building Commissioner a Jones Superintendent of Public Works - Dingman Controller - Daley Urban Renewal Director - Browne Assistant Controller - Spano Asst. to the Superintendent - Dougherty Deputy City Clerk - Grey Fire Chief - Weaver All those present stood and were led by the Mayor in a Pledge of Allegiance to the American Flag. MINUTES: Minutes of the preceding meetings of August 2 and August 9, 1972 were approved as recorded by the Clerk. PETER J. WALLACE APPOINTMENT: It was moved by Alderman Spencer, seconded by Alderman QC Spano and carried that nominations be open to fill the vacancy created by the resignation © of Michael Robinson. W Alderman Spencer ncminated Peter J. Wallace of 315 N. Aurora Street to fill the vacancy, and Alderman Slattery nominated John Dineen of 127 Lake Street. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, that nominations be closed. Carried. The Deputy Clerk then polled the aldermen by secret ballot, which resulted in seven votes being cast for Peter J. Wallace and six votes for John Dineen whereup9a,M%o Cgaley announced that Mr. Wallace had been duly appointed alderman for the second ward for Ud period ending December 31, 1972. The Clerk administered the oath of office to Mr. Wallace and-he took .his seat for the balance of the proceedings. SLOW BALL PARK: Arthur Watkins oP 501,North Al, .atiy. Street ,appeared'before 'tie Council and asked that consideration be given for 'a slaw ball diamond fence at'Stevart Park. He had been.'•txying to.get the proper facilities for almost eighteenears. ,.. a fined thgouncii to a game ,on.September 1A ,1972 at ,Stgw;art Park to show V#y were needed. Ald,ex?na4,Ni.cholo ,xeported that•her committee was working 4n ,thiq .and.�+i£ti ,Cass Park being developed she thought,this.Would be taken care of. - ,- ARTERIAL4HIGHWAY MAINTENANCE AGREEMENT: The Clerk reported receipt of a letter from the New York State Department of Transportation amending the Arterial Highway Maintenance Agreement gf,December 27, 1957, to increase the payment from twenty-five cents per square yard to forty 'cents per square yard. By,,;A�dexman• Jones.: seconded by Alderman;Slattery RESOLVED,, that the Mayor be authorized to sign end execute a letter of agreem t,''n"a6'& Article V of the Arteriai Highway Maintenance Agreement between the State of New York and:the City,of,.Stt�aea., dated December •27, .1957,,to provide that the formula for payment to t,Tae°:pity shall be `increased to an annual.rate of forty cents per square syar4,'effecti,70 QFtober 1, 197?. Carried' F7P�GER ,LAIC$ ASSOCIATIQN,AGREEMENT: The Clerk read a.letter from the Finger Lakes Assae. - requegting renewal of its agreement for publicity services foi'the year 1973. Terms of the agreement .were ,tbe.,seme,with the exception that the dollar amount has ineressed to $918.00. This is an increase of $54.03 over 1972. By Alderman 1Iadle: $econded I?y Alderman Boronkary RESOLVED;°,,that the propose,d.,agreement be referred to the Budget landldadmistxatign Committee for ,consideration in connection with,,its rev i4 yv,of budget regpcsts for ,X973, Ca en. TOMPKINS COUNTY UNITED:FUND: .,The Clerk read, a ,letter ,from Raymond VenHoutte, President of the United Fund thanking the City of Ithaca and the Common Council for the role they played '# which eventually,revrulted in the,agreement with thg County,mpk*.ng•.the,.pxesent funding possible of the. Society, of the Prevention of. Cruelty, io Animals.,, . REAPPOF3'fIONMENT:. ..The,.Clerk reed a :resolution, fraan°the Couptyyv ere tf oy hoc f1 ccepte,d " the City's,R s;pportiopment.Plan, in glace of the County's plan,. -2- -September 6, 2972 CORRECTION OF ASSESSMENT ROLL: The Clerk read a letter from the Direetpr of Assessment requesting two changes on the assessment roll. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the Assessment of$7,800.00 against Tax Map Ptrael 32$-1-3, at 370 Elmira Road charged against Russell I., Robert and Ronald Mario* be Corrected and reduced to $6,950.00 as recommended by the Director of Assessments. RESOLVED, that the Assessment of $3,350.00 against Tax Map parcel 12-1-1. at 403 Lake Street charged against Louise Uher be corrected and reduced to $2,600.00 as recommended by the Director of Assessments. WHEREAS, petitions have been filed by Thomas G. Payne, Tompkins County Director of Assesse ments , requesting that erroneous assessments appearing on the 1912 Tax Koll be corrected in accordance with the foregoing schedule, NOW THEREFORE BE IT RESOLVED, that the 1972 Tax Roll, approved by this Council on May 3, 1972, and corrected on July 5, 1972, be and is hereby further corrected to produce final valuations as follows: PRESENT TAX ROLL CORRECTED TAX ROLL 29, 59,7rO Valuation of Land 29,659,760 233,693,490 Valuation of Buildings 233 691890 "F263,55-3-,250 Total Valuation of Real Property $263,551,650 16T,058,250 Less:Valuation of Exempt Property 167,058,250 961-495,000 $ 993� 40`0 4,118,688 Valuation of Special Franchises 4.118.688 _�160,6-1-3—,W Net Value of Taxable Property $100,612,088 BE IT FURTHER RESOLVED, that the final 1972 Tax Roll as thus corrected bs approved and confirmed in all respects; and that the City Chamberlain be authorized and directed to refund any excess taxes paid by the foregoing property owners levied against them as a result of said erroneous assessments. Carried. POLICE BENEVOLENT ASSOCIATION: The Clerk read a letter from the Ithaca Police Department asking for recognition of the Police Benevolent Association as bargaining year 1973-1974. g ng agent for the By Alderman Rundle: seconded by Alderman Barber RESOLVED, that the request from the P. B. A. to be recognized as the exclusive bargaining agent for all members of the Police Department be referred to the Budget and Administra- tion Committee. Carried. CIVIL SERVICE EMPLOYEES ASSOCIATION: The Clerk read a letter from the Tompkins County w. . dChapter of CC.S.E.A asking for recognition as the bargaining agent for salaried employees o the City of ca. Alderman Boroakey questioned the wording of the letter as 9.11 salaried employees were not covered by C.S.E.A. and it should have designated units four and five. By Alderman Boronkay: seconded by Alderman Saccueci RESOLVED, that the Tompkins County Chapter of the C.S.E.A.'s/request to be recognized as the bargaining agent for salaried city employees be accepted for units four and five foY a term to be decided by the negotiating committee. AYES: 13 AESTAINED - Barber Carried, v LABORERS' INTERNATIONAL UNION OF NORTH AMERICA: The Clerk read a letter from the Laborers' Union Local #589 asking for exclusive recognition to represent the hourly employees of the City of Ithaca. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the request from the Laborers' International Union of North America to be recognized as the bargaining unit for hourly employees be referred to the Budget and Administration committee. I - ,Carried. EXECUTIVE PAYROLL: The Clerk read a letter from the employees who appear on the executive payroll asking for job evaluation and review of salaries. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, that the letter from the employees on the executive payroll be referred to the Budget and Administration Committee for appropriate action. Carried. HILLICK-CARMAN GRIEVANCE: The Clerk read a letter from Michael LoPinto, Attorney for the Laborers' Union, Local #589, in regards to arbitration award of William Hillick and Adam Carman. He asked that the Common Council act on this award as six months have passed since the arbitrators had made the award. Attorney Gersh advised that this would be advisable to take up in Executive Session following this meeting. 2 . -3- September 6, 1972 SENIOR CITIZENS: The Clerk read a letter from the New York State Executive Department Office for the Aging advising that the City of Ithaca's application has been approved for the period April 1, 1972 to March 31, 1973 in the amount of $806.00. FATHER DAVID MURA: Mayor Conley announced his appointment of Father David Mura to the Youth Bureau Advisory Council to replace James Miller, uho has resigned. COLLEGETOWN INCIDENT: Attorney Gersh reported that the law suit filed against the city as a result of the May 13, 1972 incident in Collegetown and scheduled to be heard on September 11, 1972 had been adjourned until November 13, 1972. P111ADE PERMITS: Attorney Gersh reported that due to the way the charter and ordinances hed been written it was his recommendation that the City hire a charter consulting firm to rewrite the ordinances. It was his recommendation that a firm of Municipal Consul+ tants and Publishers be hired for this purpose at a cost of between $7,800.00 and $10,000. By Alderman Spencer: seconded by Alderman Jones RESOLVED, that the request of the City Attorney for a comprehensive revision of the parade permits, etc. be referred to the Budget and Administration Ccmmittee. Carried. BUILDING CODES VIOLATIONS: Attorney Gersh reported that he did not have the time to prosecute violations of the building codes with all of the work going on as a result of 00 the Caldwell project and other pressing items. He recommended that Paul Tavelli, the O City Prosecutor, be given $250.00 to prosecute these flagrant violations. W By Alderman Henderson: seconded by Alderman Schmidt 4:� RESOLVED, that the City Prosecutor, Paul Tavelli, be given $250.00 to prosecute the two cases now pending on Housing and Zoning Violations , and BE IT FURTHER RESOLVED, that the sum of $250.00 be taken out of the Attorney,'s. 4ccount. Carried. EMPLOYEE.'S EDUCATIONAL.PROGRAM: Controller. Daley- reported that.the city's ,prograpI for further education,had been,let to run out on June 30, 1970. He felt. it was to the best interest o the city to re-establish this. Tompkins Cortland Ccmmunity College had contacted them and. were willing to put :on a program during working hours for employees. By .Aide-rman Schmidt: seconded by Alderman Jones RESOLVED, that the Controller's recommendation to start a program for employees be re- ferred•to the, Budget and ,Administration. Committee. , Carried. ANNUAL TRAINING SCHOOL FOR FISCAL.OFFICERS: Controller Daley, reported that-' the 17th Annual Training School for Fiscal Officers was to be held on October 3-6 at Monticello, New York. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that Richard M Daley, City Controller and Joseph A. Spano, Assistant Controller, be and are hereby authorized to attend the 17th Annual Training School for Fis.cal Officers and Municipal Clerks to be held in Monticello, New York during the period October 3 through October 6, 1972. Carried. RETRIEVING SECURITIES: Controller Daley reported that bonds held at the' First National Bank in lieu of retainage belonging to Streeter Associates be given back to him. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the City Controller or the City Chamberlain be and 'are hereby authorized to retrieve bonds belonging to Streeter Associates now being held at the First, National Bank and Trust,Ccmpany in lieu of retainage on the Inlet Park Recreation Center Contract. Carried. CERTIFICATES OF. _DEPOSITS Controller Daley reported that it was necessary for the Controller and the City Chamberlain to both sign for the safety deposit box to retrieve Certificates of Deposit. This was not necessary anymore as it was sometimes not feasible for the Controller to go and all city employees were bonded. By Alderman Rundle: -seconded by Alderman Schmidt RESOLVED, that the City Chamberlai.n. or the Deputy Chamberlain be and are hereby .authorized to place or retrieve Certificate of Deposits from the safety deposit box located at the First National Bank and Trust Company. Carried. RECYCLING: Alderman Meyer reported on recycling of various products 8nd .a look to the future as to sanitary landfill operations. (Full text attached to minutes.) 27-01.. -4- Swptsomber b,, 19' STARLINGS: Alderman Nichols presented the following resolution on starlings. By Alderman Nichols: seconded by Alderman Rundle WHEREAS, this Common Council has received various complaints concerning the nuisance ereete4 in the Fall Creek area by a large population of starlings, and WHEREAS, research performed by the Department of Natural Resources (Dr. James W. Caslick, principal investigator) has confirmed that one method of starling control that has been effective is to prune maple trees and other trees that are preferred roosting places for these birds by cutting away up to one-third of the tree top without damaging the health of the tree or its beauty and shading properties , NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby request the Department of Public Works to prune as drastically as may safely be done all trees on the city-awned„, property in, the Fall Creek area that are known to harbor starlings and to recommend to property owners that they should cut back severely any trees on their property that are roosting places for starlings . After much discussion as to cost estimates the following was presented. By Alderman Gutenberger: seconded by Alderman Saceucci RESOLVED, that the resolution be sent back to the Public Safety Committee, the Police Department and the Department of Public Works to arrive at a cost estimate for pruning the city-owned trees. AYES: 10 NAYS: 4 - Jones, Nichols, Spano, Rundle Carried. v BUDGET TRANSFERS: Alderman Rundle presented and recommended approval of several budget transfers requested by the Board of Public Works. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the following transfers of funds requested by the Board of Public Works are hereby approved as recommended by the Budget and Administration Committee. AMOUNT: $200.00 FROM: Off Street Parking Account A5650-314 TO: Off Street Parking Account A5650-419 PURPOSE: To repair ticket booth damaged in accident. Amount reimbursable by insurance co. AMOUNT: $250.00 FROM: Refuse and Garbage Account A8160-314 TO: Refuse and Garbage Account A8160-418 PURPOSE: Maintenance cost running higher than anticipated. AMOUNT: $2,000.00 FROM: Maint. of Roads Account A511OC-250 TO: Refuse and Garbage Account A8160-312 PURPOSE: To provide funds for repairs to equipment unforseen at time of budget prepauration# AMOUNT: $800.00 FROM: Water Contingent Account F1990 TO: Maint. of Valves and Hydrants Account F8340-3-302 PURPOSE: To provide funds for payment of 1971 expenses not enembered, AMOUNT: $3,500.00 FROM: Water Contingent Account F1990 TO: Treatment Plant Account F8330-418 PURPOSE: To provide funds for the repair of a seven-year old pump unforseen at time budget was submitted. AMOUNT: $703.00 FROM: Shop and Equipment Account F8310-6-312 $422.00 Shop and Equipment Account G8110-6-312 $281.00 TO: Shop and Equipment Account F8310-6-250 $422.00 Shop and Equipment Account G8110-6-250 $281.00 PURPOSE: To provide funds for the purchase of a 2-way radio for Truck #10 previously requested but never provided. AMOUNT: $350.00 FROM: Sewer Contingent Account G1990 TO: Wood Street Pump Station Account G8120-5-312 PURPOSE: To provide funds for the repairs to equipment unforseen at time budget was submitted. Carried. 2d 1 -5- September 6, 1972 ALTERNATE RAW WATER SUPPLY RELEASE OF FUNDS: By Alderman Rundle: seconded by Ald. Slattery WHEREAS, the B. P. W. has requested the release of funds from the Alternate Raw Water Supply Capital Project, and WHEREAS, this Common Council had previously restricted the use of these funds, NOW THEREFORE BE IT RESOLVED, that this Common Council does release an amount of $1,673.10 from the Alternate Raw Water Supply Capital Project to pay existing obligations for stenographic services in connection with the city's Water Supply Application, and BE IT FURTHER RESOLVED, that this Common Council restricts the balance of funds remaining in the Alternate Raw Water Supply Capital Project Account. Carried. TRANSFER OF FUNDS-CITY CONTROLLER: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the transfer of funds requested by the City Controller in the amount of $500,00 from City Controller account A1315-101 to City Contolller account A1315-220 to provide funds for the replacement of a typewriter damaged by an unforseen accident is hereby approved as recommended by the Budget and Administration Committee. Carried. MUNICIPAL SURGEON ACCOUNT: By Alderman Rundle: seconded by Alderman Slattery RESOLVED, that the amount of $3,653.00 be taken from Police Department account A3120-101 and put into Municipal Surgeon account A3010-422 to provide funds for payment of invoices to Tompkins County Hospital. After much discussion and upon adviae from the City Attorney, the original motion was withdrawn and a new one submitted. By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that the request of transfer of funds from the Police Department account W A3120-101 in the amount of $3,653.00 to account A3010-422, Municipal Surgeon be referred back to the Budget and Administration Committee. Carried. PLANNING BOARD TRANSFER: By Alderman Rundle: , seconded by Alderman Wallace,_. ,,, T. , RESOLVED, that the request of funds by the Planning Board in the amount of $150.00 from Planning,Department account. 4802 0-312 to Planning: Department,;q,ccount x.8020-435, to pro;, vide Rands for adverti0eraexits -placed in jourxials for the .position of. Planning Ifirector is hereby -pppproved•,as. recommended by the Budget and Administration Committee. Carried. GOLF .CQURSE. REPAIPS: ..By Alderman Rundle: seconded, by Alderman. Barber, WHEREAS, this,. Common .Council has been,yequested, by the Board of Rublio WorXs,_to .e's,tabli' h a Capital Project .for the. ':F,epai;r of the Municipal Golf Course.," and WHEREAS; the Board of Public Works has declared certain..Capital Fro3ects. to' have been completed,,or .abandoned, NOW THEREFORE BE IT RESOLVED, that a Capital Project "Repair of the Municipal Golf Course" be established in..the, amount not to exceed $39,00,0,.00, and BE IT FURTHER RESOLVED,;: that funds for this project .be obtained, from thos.-, Capital Pro- jects declared completed or abandoned by the Board of Public Works' as_ ollaws: #30-A Traffic Signal - Stewart .& _Buffalo 64.7 #30-8._-Traffic. Control South Aurora Street 131652.93 #37 West Buffalo Street Reconstruction 6,407.91 #106 . .,Closing of City Bump 2,821.61 #108 Southwest Park Development 11,200.36 #119 Elmira,Road.Surface Improvement 7,500.00 Alderman Slattery questioned the fact of the Capital.,Project Southwest Park Development` ' being used this year. The Superintendent explained that the Department of Public Works would be unable to do. anything there this year but a .longer .loop shoi4d be taken at this project. as. Cass Park would have nine ball diamonds .and maybe a bitter.use of.the park could be undertaken. After much more discussion the following vote was taken. AYES.: 13 . . NAYS-; 1 _ .Slattery Carried. WP"ER, BURNS, TOAH. AND LUNDE IN By Alderman. Rundle: seconded by Alderman, Jones RESOLVED, .that, invoice dated August 7, 1972,. In the amount .of .$1,76._2d'for arc.7iitectural services on the East Green Street Parking Structure be approved and'ordered 'paid out 'of the, existing funds in the ,Capital Project - Ramp. Garage. r Carried. RAYMOND, PARISH. AND .PINE INVOICE: _ By Alderman Rundle: seconded by Alderman Schmidt .RESOLVED t d hat invoice ated,August 10',., 1972,. in the amount of $3,1.92,00 for professional services on. the Ithaca Community Renewal Program be approved and ordered paid'out of the existing funds in the Capital Project -- CRP Program. , Carried. , 272 -6- September 6, 1972 SOUTH AURORA STREET BRIDGE REPAIRS: Alderman Rundle reported that he had a resolution on the repairing of the South Aurora Street bridge, and as there was some confusion on this he asked the Superintendent of Public Works to explain it. Mr. Dingman reported that the estimates were about $50,000.00 under the bids that were received and felt that lhhnt of the increase was scheduling of the project. He explained that the Board of Public Works did not take any action on the bids but authorized him to appear in front of .the Council and ask for an increase in the Capital Project, from $75,000.00 to $155, He felt that repairs would cost between $2,000 and $5 ,000 to get by the winter. Alderman Boronkay questioned the fact that South Hill would be shut off if the job was not completed by winter. With other construction going on this would make traffic on South Hill hazard- ous. Alderman Wallace questioned the high cost of demolition. After much more discussion the following was presented. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the Mayor declare a recess so the Budget and Administration Committee can,. discuss this with Mr. Dingman. Motion carried whereupon the Mayor declared a recess. The meeting was reconvened at 10:15 p.m. Alderman Rundle reported that after conferring with Mr. Dingman it was decided to repair the bridge this year with existing funds and re-bid the contract in the spring. By Alderman Rundle: seconded by Alderman Jones funds this year RESOLVED, that the South Aurora Street Bridge be repaired with existing Carried. and full repairs be made next year. AUDIT: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $12,23+.20 as listed on Audit Abstract #8-1972, be approved for payment. Carried. TIME TABLE FOR NEW ZONING MAP: Alderman Boronkay reported that he had put the time table for the presentation of the new Zoning Map on each alderman's desk. He asked that each alderman try and appear at the time that his ward was listed. They were going to try and have this ready at the November meeting for a public hearing. TIME TABLE FOR PRESENTATION OF NEW ZONING MAP Common Council Chambers - 7:30 p.m. Wednesday, September 20, 1972 - 1st and 2nd Ward Wednesday, September 27, 1972 - 3rd and h h Ward Thursday, October 12, 1972 - 5th, 6th and 7th Ward Week of October 15th: Tentative - State of New York - Office of Planning Services - Slide Presentation for: Planning Board, Council members, Board of Public Works and Board of Zoning Appeals Week of October 22nd: Tentative - Codes & Ordinances - Review of movies on: 3. Yesterday's House 1. This is No Slum 2. It's Your Choice ALSO: T.V. video tapes on Channel 2. CHARTER & ORDINANCE REFERRALS: Alderman Boronkay reported that he had several items in committee that had not been reported on. His committee would meet on Monday, Sept. 11, 1972 at 8:00 p.m. to discuss some of these items such as dog ordinance, definition of zoning, parade pamimts, agenda and open container law. SOUTH HILL PLAYGROUND: Alderman Nichols reported that the Engineering Department was preparing drawings with estimates which should be ready by September 15. B0XING: Alderman Nichols reported that they had an inquiry on locating a boxing ring within the city and were looking into it. TENNIS COURTS: Alderman Nichols reported that they were looking into the possibility of locating tennis courts on the old A & P grounds at Hancock Street. CLINTON HOUSE: By Alderman Jones: seconded by Alderman Slattery � iE'�EAS, the Ithaca Landmarks Commission has requested the designation of the Clinton „ Hotel as an historic landmark and this designation has the approval of the Planning Boa at its August 22, 1972 meeting, ouncil approves the designation of the Clinton, NOW THEREFORE BE IT RESOLVED, that this C Hotel as an historic landmark and, BE IT FURTHER RESOLVED, that the Council's Planning Committee work with all interested aied. r persons or groups in the crsmmunity to endeavor to make this a feasible reality. 273 -7- September 6, 1972 ROUTE 13 RELOCATION: Alderman Jones reported on the relocation of Route 13 through Ithaca as being dropped from the New York State Master Plan of arterial highways and proposed the following resolution. By Alderman Jones: seconded by Alderman Spencer WHEREAS, the draft of the State Wide Master Plan for transportation does not show Route 13 as a new controlled access highway which the City and County have been working on for years, and WHEREAS, the Planning Board at its August 20,1972 meeting recommended the originally planned Route 13 as a minimal road, NOW THEREFORE BE IT RESOLVED, that this Common Council supports these recommendations and directs the Mayor to transmit same to the State Department of Transportation, Governor Rockefeller, Assemblywoman Constance Cook and State Senator William Smith, and that he work with the surrounding counties and municipalities to achieve highways and transpor- tation which will enhance this federally described growth area, and BE IT FURTHER RESOLVED, that the Mayor work with the Department of Transportation to effect better communications with regards to the City of Ithaca so that we can have advance notice of change of plans, Carried. Mayor Conley informed the Council that he and Mayor Noss of Cortland had talked about this and Cortland was willing to work with Ithaca on Route 13. Mayor Conley reported he would be going to Albany to appear at the hearing on Route 13. t go BUILDING CODE: Alderman Jones reported that the City must adopt the standards set by 0 the Federal requirements to conform to the United States Department of Housing and Urban f,.Q Development for the City's certification of the Workable Program. � After much discussion on the merits of plastic pipe the following was submitted. By Alderman Jones : seconded by Alderman Spencer WHEREAS, the United States Department of Housing and Urban Development's .(hereinafter called "HUD") code adoption policy for certification or recertification of a municipality's Workable Program for Community Improvement requires that localities .using -State. or .local codes. incorporate standards which are ,comparable to :those; in the national model conies _ .. with respect to the. use of materials of construction, and WHEREAS,,..HUD has ,agreed to accept the New ;York State Building Construction Code applicable to Plumbing,,. July .1, ,1972 edition, supplemented by the below-mentioned stipulation as .an interim,satisfaction US code adoption policy, and WHEREAS, the City of Ithaca has adopted and uses the New York State Building'Construction Code anmethe therefore.;r9quire,s the adoption of,such stipulation in. satisfaction.,of. ,the ,codes certification. of the City cf Ithaca's Workable Program for Community Improvement, . NOW..THEREFORE BE IT RESOLVED, by ,the _Common Council of the City ,of.Ithaca,,that the .state- ment which.,follows be,and.he is adopted as part of the City ,of,fthac.a's codes policy: "It is not the intent of ,the Building Construction Code applicable to Plumbing to jimit or -exclude the use of any material or system of plumbing installaii.on' which'has been produced or developed under .nationally recognized.standards and certified by a. recognized standards or .testing agency, provided, the use of such material or system complies with such standards and is in accord with acceptable health and safety criteria," . THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. Carried.' . . l SCHOOL GUARD AT HANCOCK.STREET: Alderman Nichols reported that due to several accidents in recent weeks and due to the fact that the children had increased in the area of the Hancock Street Housing development that a school guard was needed to that ,area. By Aldex184 'Boro4ay: seconded by Alderman Gutenberger RESOLVED, .that the request fora school.guard. at the Hancock Street area be sent to the Public Safety Committee and the Budget and Administration Committee, Carried. It was recommended that the Mayor. request the Chief of Police to take .a traffic count. in .this areea .and to post one of his patrolman ;in that area until a..r,�acwmenda,tion could be ,presented. . SCHQOL.GUARD AT HECTOR &SUNRISE: Alderman Saccucci reported that he had asked for a school guard At Hector Street, aa4 Sunrise Road a year ago but no. action ,had been taken. He was,.now requesting that some action.14e taken on this matter. Mayor Corley informed. him that the Public Safety Committee would look into it. Alderman Slattery'felt that the school district should share the cost and -the Intergovernmental Cotpmittee,would look int,A this part,of it. SALES TALC . Alderman Slattery reported that the County Sales Tax Commission was concerned that the ,small businesses in the county.,were keeping duplicate, records,,.on $ales ,tax. , This was ,a,hardship on them., They were looking into.the possibility of trg ,City taking,a per- tentage of the total sales tax .such-as 28% or�.thexeabouts to eliminate .'hi duplicate bookXeep ag. 7 -8- September 6, 1972 TOMPKINS COUNTY WATER AGENCY: Alderman Slattery reported that Edward Abbott, of the Cayuga Lake Basin Board, had written to Representative Dates in regards to replacing the County Water and Sewer Agency with a Tompkins County Agency. COAT RACKS: Alderman Jones requested that coat racks be put into the Council Chambers so that the members could hang up their garments. The Controller was asked to check this out with the Superintendent of Public Works. By Alderman Rundle: seconded by Alderman Jones, it was moved and carried that the Council, adjourn into executive session at 10:50 p.m. ' EXECUTIVE SESSION: The Executive session convened at 10:55 p.m. HILLICK-CARMAN GRIEVANCE: Attorney Gersh explained about the Hillick-Carman grievance and recommended that the Council take action to pay these employees their health insurance. He did not feel this would set a precedent, as each case would be decided on its own merits. By Alderman Nichols: seconded by Alderman Saccucci RESOLVED, that the arbitration award for William Hillick in the amount of $103.65 to com- pensate him for three month's insurance premiums and the arbitration award for Adam Carman in the amount of $34.55 to compensate him for one month's premium as reccmmended by the arbitration committee be paid. Carried. HOUSING AND BUILDING CODES: Much discussion revolved around definitions in the Code of Ordinances and how to enforce them. Concensus of opinion was that the laws on the books be enforced and let the courts decide if they will stand up. Upon motion the meeting was adjourned at 11:55 p.m. r. Robert G. Grey, Deputy City Clerk Edwardl. Conley, ayor 2 7_5 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK- Regular fleeting 7:30 p.m. October 3, 1972 PRESENT: ,Mayor---- Conley A2dermen..(13) • :Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Boronkay,, Henderson,. Barber, Saccucci, .Slattery, Wallace, Gutenberger ABSENT - Alderman spencer ; OTHERS'`PRESENT: Youth Bureau Director - Cutia Attorney Gersh Planning Director - Meigs Police Chief - Herson Chamberlain - Wright Fire' Chief - Weaver Urban Renewal Director - Brown Commissioner -.Golder. Deputy City Clerk -. Grey All those present ,stood and were led by the Mayor in a pledge of allegiance to the American Flag. +MINUTES: The minutes of the last meeting were corrected as follows: �.,. FINGER—LAKES ASSOCIATION: By Alderman Slattery: seconded by Alderman Saccueci QC RESOLVED, that, the minutes of the meeting of September 6, 1972, be corrected to read, That J the proposed agreement be referred to the Budget and Administratipn Committee and the Planning and Development Committee. Carried PARADE PERMITS- Attorney Gersh reported that he did not recommend the hiring of the firm of t4u cipa.l Consultants and Publi.shers.:but a firm of consultants be hired. The wording should be changed from the firm tR. a fist,;. The)fiinutes if t}io meeting of September' 6, 1972, as recorded by the Clerk were then approved w4h these corrections. TOI4PK.I[VS-CORTLAND PK ITY..COLLEGE: The Clerk read a resolution € Tompkins-Cortland Community'Co lege-w e the Boar of Trustees adopted a resolution thanking the City of , Ithaca and the Urban Renewal Agency for providing facilities and services enabling citizeps ,of the area.tQ,attend fall evening programs. REVENUE SHARING: The Clerk read a letter from Governor Rockefeller announcing that the o t aca would receive `$302,299.00 in new federal assistance for this current Calendar Year, under the Revenue Sharing Bill which is due for final passage in congress nefC week. t SOUTH HILL 'PLAYoROUND: Mrs, Eleanor Holeman of 141 Pearsall Place asked the Council to en Arse of co-operating with the Ithaca City School District in getting the South Hill playground in operation. , Work has been started in the upper area but technical `knowledge is needed. She would like the Council to consider furnishing this. V,imER_EAKES ASSQGIATIONt Conrad Tunney appeared for the Finger Lakes Association and explained the advertising included in the booklet. The charge was based on a per.capital basis of.'3 1/2. cents according to the 1970 census.. The set-up used in the,.booklet was sent annua.11,�, to'"Vhe•.Chamber of. Commerce to update. Council requested say on input in booklet, questioned why more color pictures were not used, questioned that more emphasis wasn,9t given to projects under way in the City of Ithaca, why more information was not given on Ithaca's beaut-ies, such,.as waterfalls and gorges. Mrf .Tenney replied that xthaca; was one of -the chartq!"c pmbg ri_of the Finger Lakes Association and that he was available anytime, that he was neg4 d. -< Th' format could be brought back to Council before it was printed to show what iilwould consist of. Mayor Conley asked the Planning and the Development Committee apd_ Ithe, Finance, Committee tp look into this,,,.".Mayor Conley -renorted,'that the Finger L�4kes . ,icOal,officers Association were planning on a conference in the Spring to beheld in Ithaca" for the purpose of bringing elected officials and businessmen together to promote, Finger .makes•. Areas,_ APPORTIO MENT: „Pr. �l Knepper of 100 FairvieV_Square_ , spoke on the number of. 9 dermen to e. un er t e new apportiogmentjplap. He feA t, .that 10 Aldermen would streamline the Council. According to Dr. knepper a City of 25,000 or less does not need such a large Council as .Wp,,now ,havg.,. ,He recommended that 10 Aldermen,,,wo from each ward be„ tad and spread 'out thy. sal rx, -of the four'yAldermen to• be dropped into the salaries of' zhe`.10 Aldermen. a "�: C y"" • i; r 276 -2- October 3, 1972 HUMAN RIGHTS COK4ISSION: Attorney Gersh reported that the case against the City for unlaw ul practice filed with the Division of Human Rights Commission had.been dismissed as no'probable cause. FRIDEN SETTLEMENT: Attorney Gersh reported that the case against the Friden_ C- my had been moved _up on„the court calendar and that the Friden Company was willing° o settle for $10;000.(30' plug `give the'computer to the'City. `He recomihended'accepkance of this 'settlemvnt, By Alderman Rundle: seconded by Alderman Gutenberger RESOLVED, that the City Attorney be authorized and directed to accept the offer received in the amount of $10,000,00 from Firden Incorporated, as full settlement o£' the City's claim on cgmputer equipment which had not performed in accordance with its warranty, ands- BE IT FURTHER RESOLVED,, that the City retain the equipment and the Clerk eo"_act--those who might be interested in" this equipment. Carried INLET WATER SOURCE: Attorney Gersh reported that the hearing held on the Inlet Water Source would be. received in ninetydays after the hearing transcript had been received by the Environmental Agency. This would make it about the middle of November. . Steve Herman of the Tompkins County Health Department said that the Health Department hopefully expected a ', report within two to three weeks on the Inlet Water Source and the Bolton .Point Water Source. BUDCETA�2Y �'RANSFERS: ' By Alderman .Rundle seconded by Alderman E,oronkay RE SOLVED, thgtCity' Controller by authorized to make budgetary transfers..for the . remz: nder of 1972 in accordance with Sec. 2-31 (b) (6) of the City Charter upojn .obtaining approval of such transfers from the Chairman of the- Finance Committee, such transfers to be reported to the Common Council at its subsequent meetings. r. : Carried I4TA7a1JER, BURNS, TOAN AND LUNDE INVOICE: By Alderman Rundle: seconded by Alderman,•Jones RES01dED, that invoice dated September 13, 1972, in the amount of $140.18 for Architectural services on the East Green Street Parking Structure be approved and ordered paid,out of the existing funds in the Capital Project-Ramp Gerage. Carried ALTERNATE R_AW WATER SUPPLY RELEASE OF FUNDS:. By Alderman- Rundle,; -seconde'd by,�tl ,man Slat to r "'� �--� - 111HEREAS, the B. P. {V. has requested the release of funds from the Alternate Raw Water Sup-ly Capital ProjepX, and two EAS,` this' Common `Council had previously restricted the use'of these funds, NOW THEREFORE BE IT RESOLVED, that this Commc-n Council does release an amount of $1,005.27 for the,Alternate Raw Water Supply Capital Project to pay existing obligations. for engineering services in connection with the City's water supply application,-and BE IT FURTHER RESOLVED, that this Common Council restricts, the balance of funds remaining in the Alternate Raw Water Supply Capital Project account. Carried By Alderman Schmidt: seconded by Alderman Jones IVHEREAS, the money in the Alternate Water Supply fund has been 'frozen by this Common Council, THEREFORE BE IT RESOLVED, that the Common Council direct the Board of Public Works to obtain Common Council approval for anticipated use of, 'hese frozen funds and submit approximate costs prior to committing use of said funds . , < Carried COPYING MACHINE Alderman Ru-idle"reported on a copying machine proposal submitted by P ierscns Duplicating Products. Cost to.be 2 1/2¢ per copy on I1" paper, 34 per copy on 14” paper. Monthly charge.,to be'a .minimum of $60.00. Mayor Conley objected to the page,,""°' tihs.t was being used as it did notmpare favorably with other..copying machines. By Alderman Rundle: seconded by Alderman Nichols RESOLVED, that the proposal submitted by Piersons Duplicating Products be referred to the Finance. Committee. .Carried BUILOING COMMISSIONERS OFFICE Mayor Conle epdrte.d.that the Building Commis oners office Was in need of legal help:in interpretptngt'.tlle� Codes, and ,Ordinances, Problems, in definitions and ordinances were making it difficult to prosecute violators. The biggest complaint in the department was zoning violations and with legal help the Building Department could bring these cases to court. Mayor Conley asked the Executive Committee to look into the upgrading of Housing, Building and Zoning Code. 2-7 -3- October 3, 1972 DOWNTOWN '4ALL: Mayor Conley reported on the meeting about the downtown mall project L The need for more parking space was cited. A developer has been found that would build a parking ramp on the former site of Old City Hall and the Seneca Street parking lot. Ther e were various ways to have this done such as the City building it and leasing it back to the developer or the developer building it and leasing it to the City and various other methods. He felt the City owed it to the business district to support a project of this nature in order to revitalize the downtown area. Other areas could be opened for development by the various banks who own land in the vicinity who could utilize this concept. After much more discussion the following was presented: By Alderman Schmidt: seconded by Alderman Barber RESOLVED, that the proposed developer be asked to submit to this Council a more definite plan for the parking ramp for Common Council's reactions and BE IT FURTHER RESOLVED, that it should be understood by the proposed developer that the ;. City is looking into other alternatives and that the cost of the proposal should be at his the developers, expense. Carried BUDGET TRANSFER: Alderman Rundle presented and recommended approval of several budget transfers s ers r ested by the Board of Public Works.. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the following transfers of funds requested by the Board of Public Works are hereby approved as recommended by the Budget and Administration Committee: Amount $150.00 From General Maintenance Account F8340-1-101 To East State Street Pump Station Account F8320-4-101 Purpose: To provide for repairs on pump motor due to lightning damage. Amount, : $100.00 From- Public Works Administration Account A1490-433 TO Public Works Administration Account A1490-310 Purpose: Cost 'of Office Supplies running higher than anticipated. Amount $500.00 From Traffic, Control Account A331OA-101 To Traffic Control Account A331OA-314 Purpose: Cost of Materials and Supplies running higher than anticipated. Amount $500.00 v5 From Meter Section Account P8310-4-250 $300.00 Meter Section Account G8110-4-250 .$200..00 To - Meter Section Account F8310-4-312 $300.00 Meter Section Account G8110-4-312 $200.00 Purpose: Account depleted due to repairs made on several large meters unforseen at time of budget preparation.. Amount $2,000.00 From' Sewage Treatment Plant Account 08130-250 To Sewage Treatment Plant Account G8130,-312 Purpose: Account in red due to equipment failure. Carried TRANSFER OF FUNDS AS REQUESTED BY TI-IE CITY CONTROLLER: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that 'the transfer of funds requeste' by the City Controller is hereby approved as recommended by the"Budget and Administration Committee Amount : $30653.00 From Police Department Account A3120-101 To ,Municipal Surgeon Account A3010-422 Purpose: To provide funds for payment of invoices to the Tompkins County Hospital for treatment of injuries to police officers. - _ Carried TRANSFER OF FUNDS REQUESTED BY CITY ATTORNEY: By Alderman Rundle: seconded by Aldeman Barber RESOLVED, that the transfer of funds requested by the City Attorney is hereby approved as ,,.recommended by the Budget and Administration Committee Amount : $250.00 From Common, Council Account A1010-407 To Law .Account A1420-407 Purpose: To provide funds for prosecution of Building Codes violations -4- October 3, 1972 TRANSFER OF FUNDS_REQUESTED, BY THE .PLANNING BOARDS -By Alderman Rundle: seconded by Alderman Schmidt: RESOLVED, that the transfer of funds requested'by the Planning Board is hereby approved as recommended by the 'Budgbti and Administration Committee. Amount $300..00 From Planning,Deppartment Account A8020-101 To Planning Department Account A8020-435 Purpose: To provide funds for payment of advertisement placed in .newspaper -for the position of Planning Director. Carrie POLICE BENEVOLENT::ASSOCIATION: By :Alderman Rundle: seconded by =Alderman Slattery WHEREAS, the Pot-ice Benevolent Association of the Police Department of the City of Ithabif has requested that the City Council recognize the said association as the sole bargaining agent and representative for and on behalf of the employees of the Police Department of the City of Ithaca, and WHEREAS, the Police Benevolent Association has satisifed all requirements established by this Council to be entitled to certification of recognition as the sole bargaining agent and representative:lfor and on behalf of the employees of the�Police Department .of the City of Ithaca, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of -Ithaca does hereby recognize the Police Benevolent Association of the Police Department of the City of Ithaca as the sole and exclusive representative and bargaining agent for and -on behalf of the employees of the Police Department of the City of Ithaca. Carried LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #589: By Alderman Rundle: seconded .. Sy Alderman Jones WHEREAS, the hourly .employees of the City of Ithaca, exclusive of Policq, Fire and Clerical, herein known as hourly employees, have requested that the Common Council recognize the Laborer's International Union of North America, Local Union No. S89, .as the sole bargaining agent and representative for and on behalf of the hourly employees of the City of Ithaca,., and WHEREAS, the Laborer's International Union of North America; Local Union No. S89 has satisfied all requirements established by this Council to be entitled to certifieation or recognition as the sole bargaining agent and representative for and on behalf of the hourly employees of the City of Ithaca; .rlow therefore be it resolved, that the Common Council of -th( City of Ithaca does hereby recognize the Laborer's International Union of P!orth Amgriea, a1 Un on No 58gg as the sole an e c usi a resentative & targaining agent for and on fieialf o the hourly .employees of t o ily o I i ca. Carried AUDIT: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $12,587.52 as listed on audit abstract #9-1972 be approved for payment Carried ` MUNICIPAL CONSULTANTS AND PUBLISHERS: Alderman Rundle reported on the meeting with the }/r•,Runicipal Consultants. Approximate cost would be $100000.00. Recommendations would be made to the Council and the Council retains the right to adopt these or not. Approximate time -to do- this would be nine months. They were ,also_.interviewing a ,firm from Spencerport who would give them a proposal on this same request. When this was done they would report back to the Common Council. v' MEMO COMMUNICATIONS: Alderman Meyer reported that memos had been purchased to be used between committees and the Board of Public Works and the Common Council and should be in shortly. She felt that this would expedite communications in the City. By Alderman Meyer: seconded by Alderman Barber WHEREAS, there seems to be a lack of communication' between the Board of Public Works ani the Common Council, and r — WHEREAS, the need to improve communications between the Board of Public Works and the Cu'n an Council exists, ­-NOW THEREFORE BE IT RESOLVED-; that communicationsbetween all Board and-Committees and the Common Council be done on written memos by each committee chairman or committee member and-,forwarded to the City Clerk, who will in turn 'see that they are forwarded to the proper committee i Carried -S- i)ctcber 3, 1572 RECYCLING: Alderman Meyer reported t#at the Board of Pubjj c "Jorks .mod ���-le-rtaken_a cost stud y of paper. for separate citwide` iewspaper pick up in 1'9T3:" " GOLF COURSIGN Alderman Meyer reported that it was -hard-to find the : i 290 -6- October 3, 1972 LOCAL LAW-NORTHEAST BOUNDRIES: Alderman Boronkay reported that the boundries of the Northeast section as shown in section 1-2 of the charter were in error. In the process of codifying the charter the boundries were listed wrong. The ward boundries however shown in section 1-3 are correct. By Alderman Boronkay: seconded by Alderman Schmidt RESOLVED, that a local law correcting section 1-2 of the city -charter is hereby presented for consideration, and BE IT FURTHER RESOLVED, that this local law be placed on the table for seven days to be voted on at the next meetimg. A LOCAL LAW TO AIMEND SECTION 1-2 OF THE CITY CHARTER - BOUNDRIES OF CITY 1. Replace the seventh and eighth paragraph (following". . .south line of DeWitt's g location;") with the following paragraphs. Thence due east along the south line of DeWitt's location and its extension, to a point in the east line of South Aurora Street (known in the Town of Ithaca as Danby Road); Thence southerly along said east line of the Danby Road 540 feet more or less to a point on the extension northwesterly of the east line of 113 Coddington Road; Thence southeasterly along said line of 113 Coddington Road and its extension, a distance of 360 feet more or less to a point on the southerly line of Coddington Road, said point being also on the easterly line of the Ithaca College property; Thence southeasterly along said Ithaca College east line a distance of 650 feet mom or less to a point; Thence easterly a- distance of 630 feet more or less to a point on the line dividing lands now or formerly of Centini-Capalon go on the west from lands now or formerly of Gridley on-. the east, said point being also 550 feet more or less southerly along said dividing line from the south line of Coddington Road; Thence northeasterly a distance of 59S feet more or less to a point on the east line of Coddington Road, said point being also on the extension southerly of the t line of 725 Hudson Street; Thence northerly along said east line of 725 Hudson Street 145 feet more or less to a point on the south line of Pennsylvania Avenue; Thence northerly S50 feet more or less, to a point on the easterly extension of the south line of the DeWitt's location property, being also located 155 feet easterly more or less from the east line of Hudson Street measured along the aforesaid south line; Thence due east along the prolongation of the south line of DeWitt's 1Qcation to a point 3452 feet east of the east line and Military Lot Ninety-four. 2. Change the fifteenth paragraph to read: Thence northerly along said east line of said Lehigh Valley right-of-way, a. distance of 1580 feet more or less to a point in the westerly extension of the former north line of the Village of Cayuga Heights; 3. Replace the twenty-second paragraph with: Thence west along the north line of said lot 92 and 94 as produced, to a point where said line intersects the northeasterly line of Brookfield Road; MGM Thence northwesterly along the northeasterly line of Brookfield Road about 168.6 feet to an iron pipe marking the intersection of the westerly line of Campbey Avenue and the northeasterly line of Brookfield Road; Thence north 15 degrees 15 minutes east, 115.2 feet along the westerly line of Campbell Avenue to an iron pipe; Thence southwesterly substantially along a hedgerow about 177 feet to an iron pipe located north 79 degrees 25 minutes east, a distance of 35.S feet from an iron pipe set in the northeasterly line of Brookfield Road; 2 -7- October.3, 1972 Thence north 12 degrees _21 minutes west, 187 feet to an iron pipe; F r , Thence south 70 degrees 28 minutes west, 17.9 feet to a pipe; Thence north 23 degrees 40 minutes west, 150.6 feet to an iron pipe set in the bed of Hopkins Place; "Thence continuing a short distance of approximately 10 feet to the original eenferli.ne of Hopkins Place measured as a 40-foot road; hence wg§�,prly; along said original centerline of Hopkins Place about 60 feet trd a point south 3 degrees 30 minutes east of an iron pipe set in the northerly line of Hopkins Place; Thence north 3 degrees 30 minutes west, 20 feet more or less, to said iron pipe in the northerly .i,ine of Hopkins, Place; - Thence north 3 degrees 30 minutes west 223 feet to;the center of Williams Brook; Thence southwesterly along the center of Williams Brook, 330 feet more. gr less, to the west line of, Military Lot No. 87; Carried It was moved and carried that a five minute recess be declared at 9:50, At 10:00;..p.m. the meeting was reconvened. 'CHARTER ANd''b1tDINANCE "MiEETIING;: Alderman Boronkay reported 'that 'the Charter and .Ordinance it*mittee 'would have a regular meetin g� Monday, October 9th at'' 00 p.m�. in the.. council NOISE POLLUTION: Alderman Gutenberger reported that in regards to D. Boardman Lee's letter on vehicle noise pollution that enforcement was a problem, and clarification of. noise ordinance would have to be done before anything' could be done about this. It would help `'`to work with other agencies on this and the news media could be a bi g p hel in this. publicizing By Alderman Gutenberger:, seconded by Alderman Boronkay RESOLVED, tha clue to lack of clarification of noise ordinance and due to the inability to enforce this ordinance that this item be. dropped from the agenda. Carried •z '! MADISON AND HANCOCK STREhT -SCH00L,,GUARD: Aldexman Gutenberger reported that after Aa t survey ha been taken it Mattison; ,and Hancock Street that there was -no need, for a school "� guard at this location at this time. HECTOR STREET AND SUNRISt ROAD SCHOOL GUARD: ...!,Alderman ,GuteInberger reported that I survey taken at Hector Street and Sunrise.,Road showedtthat` a'need fora `school card at .this time was:_cunwarrtbited. Alderman Saccu�ci,.,requested that in 'tfie future all requests should :come Ito the, coumil in writing so that a decision could'be relayed 'back to the requestor with ; ,reasons wAy: He asked the Clerk to notify Mrs. -Murray Lewis of the decision, not to have a school guard at this location.. .. ELF STREET AND CHESTNUT STREET SCHOOL GUARD: Alderman Gutenberger reported that according to the survey taken a school guard was needed at Elm Street and Chestnut Street. By Alderman Gutenberger. , seconded by Alderman Barber RE$G,LVEp' "' that the request„ or;..a. school,.=guard, at Elm Street and Chestnut. Street be referred t®t the Intergover'timental;.Committee and the -Finance Committee, wit he;public safety committees recommendation. Carried STARLINGS: Ald-erman, �utenberger reported that he had not received the' cost fi gures' for trirta�i g,,the�iree's too et rid of the Starlings and this would be an open item on the agenda until the costs were received from the Department of Public Works. LAW ENFORCEMENT} Alderman Gutenberger reported that the request of the Citizens for Law, Enforceient for more police officers and more equipment was still under study. >ua DEP T'Y!CHISF,,OF POLICE: Alderman Gutenberger reported that "the`position of Deputy Chief of Rq ice hgd''beeft 'vacartt 'fqr"sove ,time and it was -felt that -this position was not needed.:1 By Alderman 'Gut6nberger:. seconded by Alderman Schmidt WHEREAS -the position of Deputy Chief of Police was created by this Council and WHEREAS, ,this position has become vacant, and WHEREAS, this Council does not intend to fill this position NOW THEREFORP BE IT RESOLVED,, that the position of Deputy Chief of Police be and is hereby abolished-: Carried t 282 -8- October 3, 1972 POLICE COMMISSIONER QUALIFICATIONS: Alderman Gutenberaer reported that in order to be a Police Commissioner certain Iqua.lifications_,sjhould_.b-e:had.;! - l By Alderman', Gutenberger: seconded. }y. Aldermn SSchmidt RESOLVED, that the position of" Police' Commissioner be sent to the Charter and Ordinance Committee and the Public Safety Committee foristudy and recbinm6AdAtid&,1' s a: Carried POLICE CHIEF HERSON: The Clerk read a letter ;addressed to'Nlayor Conley''refutina the .article that appeared in the",Itha.ca Journal, News 4n regdrds'ltd`his 'Positidri. CAPITAL REVIEW CO11.11TT'EE: Aiderman Jones reported: that 'the'LGapital TzM� w Committee wo d tre 'meet g next wee S e feat that a longer term should b appTi a for capital project SOUTH HILL PLAYGROUND: Alderman Jones reported that a capital reserve would be set up �. next years Capital Projects for South Hill Playground. -;.. =1 $0, r•,- v SOUTH HILL PLAYGROUND: Alderman Nichols reported on need for playground on South Hill as there were not any parks or open place for the,,thildren.—She felt that the Board of Educatioi ,_,_, ,ands'the Youth Bii bttu should get together because of the hi-density of the neighborhood and lack of space to iron things..w. i'_'1 �L" ,<;­_ByzAld6rman Nichols: seconded by Alderman Berber. WHEREAS, plans have been prepared for land adjoining the South Hill Elementary School in an ;; ,:axed without public parks and without land that would be available for future recreational use, and .WHT RMS ' this Coition Council has previously stated its purpose to preserve and expand the park areas in the City, f i° NOW THEREFORE BE IT k. _ RESOLVED,, that this Common Council does bereby.�8*ize the: , r�fr .trStney to negotiht'e with the attorney for the Ithaca City School District a contract . iahereby the undeveloped land adjoining the South Hill School playground may be developed as a neighborhood recreational facility as promptly as possible with financial participation by both the City and the school district. Carried TITUS, FLATS ORENING'.!W" Alderman Nichols reported that the Ithaca Housing Authority would have their grand opening on October 10, 1972. ' REAPPORTIONMENT PLAN: Alderman 81�attery reported on the change in number of warc)s'- in t Reapportionment Plan'dhd the `c'han`ge of the number of Aldermen. They had considered vari.*, alternatives and had arrived at the following: •:Tiyi Alderman Slattery: seconded by Alderman Jones j WHEREAS, recent legislation has . been passed by this Common Council that,14-k-1 e�lthe number of iaards from 7 to 5, ,therefore, it is the intent'of this body that future' Common.. Council Alder6di3`ic makeup should be constituted as follows: For the year 197:3 fourteen Aldermen (two from each of the present wards.) _... For the year 197 and 1975 twelve Aldermen (seven held ovj.7c anal- newly e8ated);., ;Qr►e ,,from each of th&'Ifive newly created wards. Starting wath'''tho'yoar 1976 and:,thereafter, ten Aldertme*--,�fial.1 constitute the makeup of GQY=On t0urlei.11jM from each of the five wards (five ndwl`y elected to a four year ter 1: and :five ,hald4uvex )-,`-'Each succeeding two year period of time, five Aldermen shall be elected , f four vea `teiiin'� - one from each Ward. NOW THEREFORE BE IT RESOLVED, that this resolution pertaining to the five wards be sent; to the Charter and Ordinance Committee for J'. . rr� ±.,�?• n1�$ Tect SALARIES OF ALDERMEN: Alderman Slattery reported that with the change in wards and in :number of AR" menf,tha`t a salary adaustment should be made for the Aldermen more in line with,the Tompkins Cd'bnty Board of Representatives. By Alderman Slattery: seconded by Alderman Barber WHEREAS, the work load will increase for the Aldermen under the new ward set up and WHEREAS, the Aldermen will be reduced in numbers because of change of wards NOW THEREFORB.',BE I'p RESOLV�0,, that an increase-in salary be contemplated for the Aldermen under�ethe new`"plan,' and j BE IT FURTHER RESOLVED, that" this request1be sent to the Executive Committee for study. Carried COUNTY PARKS AND RECREATION COMMITTEE;., Alderman Slattery reported-- a:t -Repsentative `1 , James Graves had sent word that t e Board of Representatives would like to discuss a County Parks and Recreation 'Committee. Alderman Slattery reported(that this was a result of the letter sent to James Graves about a month ago. r` �}a 2 _� -9- October 3, 1972 S. *P. C. A. Alderman Jones reported that the new dog ordinance had been sent to Judge Clynes for his analysis of the wording and enforcement and they were waiting to hear from him. The City helps to fund the S. P. C. A. with the thought that the fines and fees collected from the ordinances would help to defray the expense. Since May the fines and fees have dropped considerably. MINI BIKES: Alderman Jones reported that the Environmental Committee had sent a request to the Council for a snowmobile ordinance and a mini bike ordinance. The snowmobala. ordinaneE had been adopted but the mini bike had been dropped from the ordinance. Attorney Gersh reported that the snowmobile ordinance adopted had been pattern after the states ordinance and mini bikes ,,did not fall in this ordinance. Attorney Gersh felt that the City"--eeuld regulate-m'ini bikes under the traffic and vehicle laws. By Alderman Jones: seconded by Alderman Schmidt RESOLV;ED,�..that. the request for legislation on mini bikes be forwarded to the Charter and Ordinance Committee for study. Carried LEHIGH VALLEY RAILROAD CROSSING: Alderman Barber reported that he had been stopped several times in regards to the Railroad using the City crossings at peak traffic times and tying vehicle traffic up for considerable length of times. He felt this was not ,necessary and the railroad could utilize the cxrssings at times when the traffic was not OC at :its peak. , Mayor Conley replied that he would contact the railroad on this to see if C something could be worked out to eliminate this,. On motion the meeting was adjourned at 10:50 p.m. Robert G. Grey, Deputy City Clerk Edward J.,.-Conley, May , s 284 CaVON COWCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. Octobar,ffi3$ 1972 PRESENTt yAa7 r Conley _ Aldermen (11) Spano, Meyer, Nichols, Jones, Boronkay,°Henderson;` Barbe'r, ' Saccudci, Wallace, Schmidt, Rundle. ABSENTt - Ald es�`nen (3) Spenc�9r, ' Slattery, Gutenberger OTHERS PRESgNT: tt�°rn - G sh Commissioner - Golder Controller - Daley Deputy: City Clerk Grey Mayor Conley informed the Council that he had called this special meeting for the purpose of approving the Memorandum of Understanding from the State Urban Development Corporation and authorizing him, as Mayor, to sign this agreement on behalf of the City of Ithaca.. t ; i1 MEMORANDTI OF UNDERSTANDING Mayb+ Oifiley reported that on each' Aldermenfs desk was the copy of 'the Memorandum of t deicstanding. "'A copy of this was sent to each of the interested parties: William Caldwell James Rothschild, and Urban Renewal Director, H. Stilwell Brown, The Urban Renewal Agency had authorized Mr. Brown to sign on behalf of the Agency. This memorandum was not final or binding and Council would make their final decision 'when the details are in and the prices were ready. Mayor Conley then introduced Joe Amiel who presented the following letter of understanding and went through it item for item and answered all questions. The following is intended to set forth the understanding of the parties hereto as to the procedures to be followed in the development of the Central Business District (the "Project") of the City of Ithaca, New Yorks described generally as follows: located on Blocks 201 and 202 and Block 204: Parcels 2 and 3 of the Center Ithaca Urban Renewal Project and bounded generally by State Street on the north, Aurora Street on the east, Green Street on the .and Cayuga-Street on the west; and which will-include a--Rothschild-: Department Store ("Rothschild"), a Shopping Mall and a Parking" Garage: 1. The Ithaca Urban Renewal Agency ("IURA") will sell and UDC will purchase all of its land in the Project area under a Land Disposition Agreement ("LDA") at a price to be approved by HUD of approximately $2.50 per square foot under the terms and conditions of the LOA, which has been approved by HUD as to form. IURA will guarantee to remove any structures on said land and to relocate all tenants. 2. Simultaneously, the City of Ithaca (the "City") will take all necessary steps to vacate and abandon all interior streets within the Project area including the removal, relocation or abandonment at no expense to the Project of all municipal utility facilities within those interior streets and to convey such streets to New York State Urban Development Corporation ("UDC'). The City will also sell and UDC will purchase such other land in the Project area currently owed by the City as is necessary for the development of the Project. The price to be paid by UDC for land under this Paragraph 2 will be computed at the same price per average square foot as is paid to Rothschild by IURA for its land. 3. Simultaneously, the City will sell and assign to UDC in return for reimbursement of all of its costs and expenses in connection therewith its architectural agrdement with Warner, Burns, ToM C Lunde (the " 'Architect") for the design of the Parking Garage. 4. Simultaneously with the execution of the LDA and in accordance with Schedule 0 attached to it, UDC will enter into a contract of sale with Caldwell Development Corporation (:CaldwellU) to convey to Caldwell for development of the Project the entire &be�A- -described site with the exception of the parcels in Block 204 at a cost equal to UDC's ac- quisition Cost of all of the above described land, including but not limited to the cost of appraisals, title insurance and carrying charges, if any. 28 . -2 October 11, 1972 S. simultaneously, UDC and Caldwell will enter into an agreement (the "Development Agreement"), which agreement will paevide 'for: a. - Development of the Project in accordance 'with the architectural plans and specifications prepared by Caldwell and approved by UDC, including any changes in same thereafter. In the event UDC requires any change thereafter in the approved architectural plans and specifications, it shall be in writing; and the upset price shall be modified to reflect such change. b• The sale and assignment by UDC. to Caldwell of the architectural agreements between UDC and the Architect covering (i) the Rothschild' Department Store, (ii) ;the Shopping Mall and (iii) the Parking Garage. c.: In accordance with the approved payment and draw schedule of Caldwell's construction lender, subject to UDC'S prior approval, payment to UDC of any and all direct out-of-pocket costs not reimbursed to it under Paragraph 4 or 7 hereof which have been incurred to date by UDC in connection with the Project, includin? all costs and expenses in connection with the plans and specifications and the agreements mentioned t" t in the immediately preceding subparagraphs a and b. t 0 Q d. .; -In accordance -with the approved payment and drab schedule of Caldwell'S ;L' construction lender, subject to UDC's prior approval, payment to UDC of a Development Fee 'in consideration for UDC's extensive initial development activities and risks and for its continued participation in the development of the Project, in an amount equal to 2% of the Project's total` development cost, with the exception of the cost of Parking Garage. 6, Simultaneously, UDC and Caldwell will enter into an agreement (the Caldwell Garage Agreement") whereby Caldwell will develop and construct (in accordance with the design and plan specifications of Caldwell approved by UDC) and UDC will purchase from Caldwell the completed.,parking. Garage faca lity,;;.incudu .the ramp, the air rights for the space in-which' ttie facility is located 'srid ,the .land; 'if any, on which it alone rests. The cost thereforLwill'be the upset price set forth in the Caldwell Garage Agreement, reducible"do'WhWard in the event that the certified cost of construction (as defined in the ' Caldwell Garage Agreement) plus the agreed-upon overhead and profit to Caldwell as developer is less than the upset price less the unutilized portion of the allowance for contingencies; and the difference shall be referred to herein as "savings." UDC will license Caldwell to go onto its land on Block 204 in order to build the ramp. As developer Caldwell shall be entitled.'to receive a total for overhaad and profit of S% of constructiim cost of the Parking Garage and a total for miscellaneous and contingencies of 2 112% of construction cost of the Parking Garage. "Savings 'will be shared 75% to UDC and 25% to•Cildwell. The cost of building elements which serve the needs of the Parking Garage on the one hand and eithbr"the Rothschild DoparLient Store, the' Shopping Mall or retail space' within 'the Parking Garage structure on the .other hand shall be determined a't` the time•. -of agreement between the parties on a mutually acceptable basis, 7. Simultaneously, and pursuant to an appropriate resolution by the City. Council appropriating the necessary funds and authorizing acquisition. UDC and the City will enter into an agreement ("City Garage Agreement") for the sale by UDC to the City of• ill its right, title and interest to the Parking Garage, land and easements described in Paragraph 6 above (including the parcels owned by UDC in Block 204) upon completion of the Parking Garage in return for the actual price paid by UDC, plus a &,velopment fee of 2 .Of,that-_-- . actual _U.i.ge_,_.alas. $50,000 as reimbursement for its cost" and expenses 'itt eonne•etidn' with architectural fees and other costs and expenses for designing the old "Tioga Green Garage." The City will also assume all of UDC's obligations in connection with obtair.. ng the air rights. Caldwell will then have no rights of any kind against UDC. 8. Caldwell and Rothschild will enter into an appropriate agreement pursuant to which (i) Caldwell will sell and Rothschild will buy the land upon which be built the Rothschild Department Store, as well as all air rights above that land (subject to any air rights agreement with UDC) and (ii Caldwell will construct the Rothschi 1 d'sDepartment Store thereon at an and in conformitu with agreed-upon plans and specifications. rup price 286 -3- October 11, 1972 9. Caldwell will also agree to develop on the land sold to it by 1TDC a Shopping Mall in accordance with the Urban Renewal <Plan for the Project and the LDA. 10, The construction and development by Caldwell of any structure referred to herein shall only be on the basis of plans and. specifications previously approved by the Architect and then approved by UDC and attached to the applicable agreements mentioned paragraphs 6, 7 and 8 hereof. It is intended and agreed by the parties hereto that this letter is to give appropriate notice to all the parties of the procedures which will be necessary to the above transactions. Much'.di,icussion revolved around the architects fees, starting time of project and costsoof the,project. These will all come out at the proper time. Arthur Golder said that the plans were not specific enough to abandon all streets and did not sell out the areas involved. David Saperstone said that the letter of understanding should-, be published so that people will know what is happeninp, and give theca time to study the proposals. Dr. Knepper asked if public hearing would be held and Mayor Conley informed him that before the final agreement is signed a public hearing would be heal. After much more discussion Alderman Jones presented the following resolution: By Alderman Jones: 'seconded by Alderman Schmidt RESOLVED, that the Common Council approval of this "!emorandum of Understanding, dated October S. 1972, be accepted between the City of Ithaca, Urban Renewal Agency, Rothschild and"Urban Development Corporation in the development of the Central Business District and BE IT FURTHER RESOLVED, that the Mayor be directed sign the above mentioned Letter of Understanding for the City of Ithaca (1.1hen the agreement is received from UnC) and BE IT FURTHER RESOLVED, that if there is any changes in the wording of the agreement, which does not change the intent, that said changes be referred to the Planning and Development Committee for authorization prior to the Mayor's signing said document. A roll call vote was taken and resulted in the following: AYES : 11 NAYS : 0 ABSENT: 3 Spencer, Slattery, Gutenberaer v TRAVEL EXPENSES FOR PLANNING DIRECTOR: Alderman Jones reported that it is customary to" pay travel expenses when applicants are requested to come for interviews. The Planning, Board's applicants for the Position of Plannin a Director are mostly from out of town, and the Board requests that payment of the interview expenses be authorized by Council. By Alderman Jones: seconded by Alderman Rundle RESOLVED, that the Planning Board's request for payment of interview expenses for the position of Planning Director be referred to the Budget and Administration Committop. Carried Mayor Conley requested the Council to remain after the meeting to discuss Capital Projects, On motion, the meeting was adjourned at 9:55 p.m. After the meeting much discussion revolved around the Capital Projects of the City, It was consensus of opinion that Common Council be Given Capital Projects before listing priorities and then sit down with the Board of Public h1orks to work out the priorities before they were put into the Capital Projects Budget. Ros-eft-G.—Er-e-yi, Deputy ity C er Edward J. Conley, Ka yor 2 CO_-`R-10?4 COUNCIL PROCEEDINGS CITY OF ITHACA, ;NERr YnRIt.. Regular ?meeting 7:30 p.m. Nove-ber 1, 1972 PRESENT: Mayor - Conley Aldermen (14) - Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Spencer, Henderson, Barber, Sac6u,cci, Slattery, h1allace, Gutenber,ger, Schmidt OTHERS PRESENT: Attorney - Gersh Controller - Daley Police Chief - I-Ierson Assistant Controller - Spano Fire Chief f!eaver Building Commissioner -- Jones- Assistant to -`Supt'!. Dougherty Youth Bureau Director - Cutia Acting Planning' Director - Meigs Deputy City Clerk - Grey All those "present stood and were led by the Mayor in a pledge of Allegiance to the American Flag. MINUTES: Civi'T Service Employee's Association By Ri rman Boronkay: seconded by Alderman Jones t- RESOLVED; that th& minutes of the meeting of September"6, 1972, be corrected to read, the X) Tompkins Countyi'thapter'of Civil Service Employee's Association, "City of Ithaca Unit." Q W . Carried I� REAPPORTION'-IEfd PLAN: By Alderman Slattery: seconded by Alderman Henderson RESOLVED, th&t this resolution pertaining to the five wards be adopted and BE IT FURTHER RESOLVED, that the reapportionment plan be sent to the Charter and Ordinance Committee for' implementation in the Code of Ordinances. Carried COUNTY PARKS•AND RECREATION COMMITTEE: Alderman Slattery reported that he had contacted the oar o epre entatives mem er, James Graves by letter a mphth ago to discuss a County Parks and Recreation Committee and as of yet has not received a reply. -By Alderman Barber: seconded by Alderman Rundle RESOLVED,' that the minutes as thus corrected be approved. Carried `ENVIRON ENTAL•COWUSSION: The Clerk read a letter from the Environmental Commission thanking the Council for its appropriation to help Challenge Industries pick up glass. They brought to 'the Council's attention that programs of this nature could be reimbursable wi.th 'Federal and `State monies if channelled through the Environmental Commission. 'BOARDtM HOUSE: ' 'The Clerk read a letter from I-ielen Jacobs, stating that National, State and Local,recogriition was given on Boardman House as an Historic house. She .felt that Tompkins Cdunty'4Ad the City and Town of Ithaca had a stake in saving it. The need to promote a place forr'people in DeWitt Park as well as on State Street was needed. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the letter from Helen Jacobs be referred to the Planning Committee, Carried MURRAY VAN MARTER RESIGNATION: The Clerk read a letter from C. Murray VanPiarter declining the appointment to the Codes Review Committee. PETER WALLACE RESIGNATION FROi4 YOUTH ADVISORY BOARD: The Clerk read a letter from Peter J, 4'1 ace •t-endbring his resigns ion as Chairman o.- the Ithaca4Y�tth .AdVj-sory.Roard and as an appointed member of-the Board, fie would continue to be active with this Board through the Common Council's 'Hutna'ni Services Committee. Mayor Conley anttourice'd that he was appointing, Bruce' Wilkins to the Youth Bureau Advisory Board to replace Peter Wallace. `0MPKINS _COtPgTY'' EC0NOMIC OPPORTUNITY CORPORATION: The Clerk read a letter from Dr'. Alvin --4nepper, Chairman of t e elm ers ip Committee of the Board of Directors of the Tompkins County Economic Opportunity Corporation, requesting that he recommend an Alderman for appointment as' a member or.the Beard of Directors so action could be taken at its next moetinry. gayor Conley recommended Alderman Ethel Nichols and asked the Clerk to-so -notify Dr;: Knepper� HILDA•HUTSON INSURANCE-:--'The Clerk read a ,letter form Jonathan Meigs, the Planning Director, stating that Mrs, Hutson had submitted a claim to the City for reimbursement of Health Insurance Premiums paid by her while on leave of absence due to illness. He cited where two similar claims'from'employees of another department had .bee; resolved by Council. 'He asked that her claim be considered and resolved. By Alderman -Rundle: seconded by Alderman Boronkay RESOLVED, that the letter from Jonathan Meils be referred to the Budget & Administration Committee and the City Attorney. Carried -2- November 1, 19Ln FINGER LAKES ASSOCIATION: The Clerk reported that he had received a copy of the material used in the 1972 Travel Guide from Conrad Tunney, Executive Director and that Alderman Jon esmhad met with him Tuesday. Alderman Jones reported that she had gone over the materiaj and made somechanges. The time for submitting this was the middle of October but Mr, Tunney had agreed to accept our changes at this time. - By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the, agreement with the. Finger, Lakes Association for 1676 in the amount of $916.00 be approved and included in the 1973 budget, and that the,11akojr- and City Clerk are hereby authorized to sign and execute said agreement on behalf of the City of Ithaca under its corporate seal. Carried RELOCATION OF ,ROUTES 13 $ 96: The' Clerk reported that he had been requested to read a letter from t e Department of Transportation, by H. Stilwell Brown, the Urban Renewal Director, requesting that the desclaimer filed with the State by the City pertaining to use of park land for highway purposes was inadequate. David Shub, R.eoional Plannina Engineer suggested a resolution that would be acceptable by the State and would greatly expedite the progress of this project. By Alderman Jones: seconded by Alderman Barber WHEREAS, this Common Council reiterates its resolution of March 1, 19721, that it is the sense of this Council that the utilizing of parks lands as a corridor for the relocation of Route§ IS �& 96 -would not be major .impairment to the City's park land stock, and that the Common 'Gouncil by taking this action in no way indicates the approval of any final determina- tion of said corridor and that no conveyance of any properties in question shall be made until'-final agreement and acceptance are approved by the Common Council of the City of Ithaca, and bVHEREAS, this Council has received via the Urban Renewal Agency a request dated October 16, 1972, from David Shub of the Department of Transportation for a new disclaimer resolution pertaining to the use of park lands for highway purposes and WHEREAS, this Council realizes the importance of the relocation of Route 96 across the flood channel, and 111HEREAS, the aforegoing resolution shall in no way supersede the resolution of 14arch 1, 1972, NOW THEREFORE BE IT RESOLVED, that it is the sense of this. Commons-.CMmci --that the utilizing of park lands as a corridor for the relocation of Route's 13 96 as requested by the New York State Department of Transportation would not be a major impairment to the City's park.pk land stock; and further that the land your department proposes to take is not significant for recreational purposes and, in fact, has not been considered for such in our developmem of the area. The appropriation of these lands would have no adverse effect on present ° recreational facilities or on the future expansion plans for such facilities-." Mayor.Conley explained the meeting in Albany with the Department of Transportation attended by himself and Robert Dingman. fie explained that it would take 14 to 18 months to get the results of. the Environmentad impact hearings on Routes 13 $ 96. The construction of the bridge is approximately five to six years away and he felt this would help cut the time eleinent. He felt that if th+e Council put limitations on this that it would be -difficult- to proceed. The Council wouid'?be notified when the public hearing was to be held and that the State must satisfy all complaints before they could proceed. Much more discussion revolved around the different corridors proposed, access to the Plest:flill area and the hospital ai1.4 whether the corridor would cut through the Inlet Park area By Alderman Gutenberger: . seconded by Alderman lHallace RESOLVED, that the foregoing resolution be tabled. AYES: 7 NAYS: 7 Due to a tie vote Mayor Conley voted in the affirmative. Motion Carried TOMPKINS COUNTY S.P.C.A. .BUDGET: The Clerk reported that Alderman Jones had received the budget or the yeT71973 o t e S.P.C.A. They explained that they expected a deficit o£- $1,933.00 for 1973 unless the City of Ithaca and Tompkins County granted a 7% increase. Mr. Neil MdLaiai;President of the S.P.C.A. 'Would be willing to meet with the City to ex- plain the budget at a time convenient to both. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that -the budget of the Tompkins County Society for Prevention of Cruelty to �- Animals beta referred to the 3udget and Administration Committee, Carried SOUTH! HILL PLAYGROUND: The Clerk reported he had received from the City Engineer, Howard S `ieder, the estimates of cost for the construction of two macadam-surfaced playfields to. ,be. installed at the South Hill School. Included also are the costs for regrading the baseball field in the upper field. Total cost amounted tp ,J06$260.00. By-Alderman Jones: seconded by Alderman Boronkay , RESOLVED, that the cost estimates for the South f4ill pl6yfields be referred to the Capital Improvements Committee. Carried 29 -3- Rovember 1, 1072 DO?INTO?SIN DEVELOPMENT CO'11MITTEE: The Clerk reported that a meeting of the Downtown Development Committee world;, e held .on Wednesday, November 8' 1972, at 7:30 pim6 in the-- Council Chambers. The Board•>of Public`?Yorks has been invited to this meeting along with the members of the Common,•Councih. This meeting is held for the purpose of enlighfenirg the Council and the Boardas to the progress. COi MUNITY TRANSIT SYSTE14: The Clerk read a letter from John A. Dougherty, Assistant to the Superintendent, regarding expansion of the bus system. The new route would serve -areas or facilities not now being served. Such as the Stewart Park area, Hancock Street Housing, Central School complex, Plain Street elderly hi-rise, Weston's Shopping Plaza and the Cass Park recreation :area, ,includin a the pool and the rink. The time needed to implement this new service is 60 days and .they were setting a Target date of Janucay 1, 1973, to implement this. The time needed is to hire new drivers, print schedules and publicize schedule change, ,.,,;, Estimated cost for the new bus run is $21,700.00. This run will be in addition to existing routes and the need :Fbr...-budgex increase in 1973 was apparent.' The Common-CounciI I s Publ is Works and Transit ) Cemmitte�; ;supported this new route. By Alderman Rundle "seconded by Alderman Slattery RESOLVED, that the Community Transit System be authorized to- start working on the new bus route as outlined in the letter from John A.. Dougherty dated October 31, 1972. Carried t^- DOGS: Dr. Alvin Knepper reported that people should be made to curb their dogs as they were getting, ou-t of hand .on State Street. Other cities have -.ordinaaces..to ,enforce this -- and he felt; that,-tJw."City of Ithaca should also have one. After some discussion it was felt ,. that this could be included in the new dog ordinance that was now bein R drafted. GREATER ITHACA-ACTIVITIES .CENTER: ?Mayor Conley announced that he wa.s..appoia�tinq Alderman Donald Slattery;to-ahe­G I7.C. Board as Representative for the Council. ITHACA. HWSING.AUTHORITY:: Mayor Conley announced that he had appointed Barbara Blanchard to the- Ithaca H?using'Authority. ENVIRONr4E!IT4QL- CO1M,4ISSION: Mayor Conley announced that he was appointing Sherry 1atitch, of 127 Giles Street, to replace James Miller who has resigned and this appointment needed Council approval. By, Alderman .Schmidt;,, seconded by Alderman Jones RESOLVED, that the: ;appointmen t:of Sherry Natitch, of 127 Giles Street, as a member of the Environmental Commissi-on :be approved. Carried AGENDA: Alderman Spencer requested the Mayor to put his reports'and appointments on the agends, so that the Council could have an idea`of what was coming; up rather than be uninformed, Mayor Conley agreed to do so. ' DO?tI g0,11IN MALL:~+ Mayor Conley reported that he had two proposals for a traffic study in connection with the development of the Central Business District. One was for $5,500.00 and the other was for $10,000.00 By Aldepr-pap Rundle:: seconded- by Alderman Jones RESOLVED, that :the,,proposals for a traffic consultant be referred to the Budget and Administration Committee and the Planning and Development Committee. Carried CALDWE LL DEVELGPMENT: Mayor Conley reported that he would be receiving costs of this , jgjpc,t.by clonday' and if they.arrived a special meeting of the Common Council would be cabled. le was?still optimisti'c.'that groundbreaking would still occur this fall. LEHIGH VALLEY RAILROAD CROSSING: Mayor Conley reported that he had contacted the New York Mate Department ,ofwTransportation and they had agreed to support the City's efforts to alleviate the problem of tying up traffic at peak hours. They would also ask the railroad to realign schedules usinry other than the peak hours at these various locations. ?EPARTMENT; QA CO?41ERCE: Mayor Conley reported that he had contacted the Degitrtment of - .ommerce in Albany and was informed that they might be able to help us in locating business's that we were looking for. They would be in Ithaca on November 16th to look over our situat,ion. ; They were successful in Albany and Cortland in attracting not only industries but bus iness's 4; MRS. MURRAY LEWIS: The Clerk reported that he had written to Mrs. Murray Lewis as directed y the Council and advised her.as. to the fact that a school guard was not presently warranted at Hector Street and Sunrise Road. X90 -4- 'November 1, 1972 FRIDEN: The Clerk reported that the contacts he had in regaz;dg, to_the__sellina, of the Fr--idea Machine were of no use and he had been unable to interest` them in the machine, as two had discontinued the use of: the friden *Anchine and one was going on an I.B.A±. set up, Alderman Slattery recommended that the Friden Machine be advertised in out of town news papers to see if we could sell it. Attorney Gersh reported that he .needed Council authorizetion to s`,,gn a Stipulation of Discontinuance of Suit. By Alderman Barber: seconded by Alderman Jones RESOLVED, that the City Attorney be authorized, to sign a Stipulation of Discontinuance of Suit in the matter of the City of Ithaca versus Friden Company. Carried SOUTH HILL PLAYGROUND: Attorney_Gersh reported that he had conversations with the school's Attorney. The School Board was meeting Friday and should finalize what the district would do, In the process of his talks he was asked if the City would participate in making a playground at the High School. It was decided to wait until the South Hill playground was settled before getting into something else. COAT RACKS Controller Daley reported that the coat racks were now in Place. CODES AND ORDINANCES CONSULTANT: Controller Daley reported thattwo firms of consultants had been interviewed and Wa_t_fhey had one proposal back. They were now awaiting for the other proposal. . EXECUTIVE 'PAYROLL SURVEY: Controller Daley reported that a proposal had been received from Value ',Ianagement Consu tarts for a position classification and salary-..study, _They woult4'_ also do an entire study of full time employees. The price quoted was $3,420.00 for the Executive Salary Study and $8,300.00 for the other positions. Out of pocket expenses were not included in these prices. These consisted of Hotel, meals and mileage, $50.0.,00 wr en contract signed, $1.500.00 when study is completed and the- balance when the Council is satisfied. It was estimated that 90 days or less would be needed to do the study. By Alderman Rundle: seconded by Alderman Slattery RESOLVED, that; an,.agreement with Value Manangement Consultants,, Inc. of Buffalo,' New York, to provide position classification and salary study of the Executive Payroll for an amount. of $3020.00 plus out of pocket expenses be and is hereby approved and that the ?4ayor'and City Clerk,�be hereby authorized to sign and executo•rsaid agreement on behalf of the City of Ithaca under its corporate seal. Carried Control.jer ,Qa1p)(.;reported that there was a possibility of a grant from the Housing and Urban Development of three quarters of this. The State would pick up one half of the remaining cost and the City would end up with one eighth of the cost. Planning Director Meigs reported that the grant must be in by November lb, 1972. These looked like favorable grants for our purposes. By Aliieiman Slattery: seconded ;by Alderman Saccucci RESOLVED,' that the Planning Director be authorized and directed to prepare application to the Housing and Urban Development Corporation and the office of Public Services. AYES: 13 NAYS: . 1 Nichols PIotion Carried ROBERT DICKENS LAND: Alderman Meypr reported that the Board of public !''orks -had recommended the purchase.o, land from Robert Dickers. Approximately 2.2 acres was involved and was in the Cass Fork Complex. It was felt that this land would be valuable to the Cass Park Complex. By Alderman Meyer: seconded by Alderman 3arber RESOLVED, that the City Attorney be directed to negotiate with_ Mr. Dickens for. -the purchase of 2.2 acres.of. land adjacent to the Cass Park Complex. AYES: -f 3 ,. NAYS: 11 Motion Defeated By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the property of Mr. Robert Dickens adja-cent to the Cass Park Complex and recommended by the Board of Public Works for purchase, be referred to the Planning Board for consideration and recommendation. AYES: 12 NAYS: 2 `Rundle, Nichols Carried STATUS OF CAPITAL PROJECTS: Alderman Meyer reported that the Board of Public itiorks had sent to Counci t e status of the 1972 Capital Projects as requested by the Council. -S- November 1; 1972 i CAPITAd: PROJECTS: 'Alde.fMan Meyer reported that the Board of Public '.corks had submitted the Capital Projects program fot 19734 By Alderman Mleyer: seconded by Alderman Barber RESOLVED, that the Capital Projects program for 1973, as submitted by the Roard of Public Works be referred to the Capital Imptovements Committee; with the notation that the Williams Glen Road is not a City Streeta; Carried CHALLENGE INDUSTRIES REPORT: Alderman �(.ieyer I reported that they.,had received an outline of a grant request for glass recycling from Challenge Industries. They had shipped from `March 3, to October 11, 1973, 479,000 pounds or 1,582 cubic yards of glass containers, Glass accounts for 6% of municipal waste. In order for them to increase their capacity it would be necessary for them to have a larder space to overate in, .three;,addi=tional Mass crushing machines two new trucks, conveyers and stoy.ge -bins, . and, piQces .of material handling equipment including'a `lift 'truck.,, The approximate cost would he;,$40,000.00 By Alderman Barber: seconded by ,Alderman !''allace RESOLVED`; that the Common Council on behalf of its Public !Yorks and Transit Committee re- quests that the Board of Public !°?orks please submit as soon as it is feasible to do so, to the Public !Forks and Transit Committee, the estimated weight, of .paper, bottles, n.nd metal, that could be recycled, that is pzeked up each week with the refuse collection, and BE IT FURTHER RESOLVED, that these figures be presented to the Common Council by January 1, 1973. Carried y p f Public !ioxks had requested NORTH SIDE MINI-POOL• Alderman Meyer reported the Board.,o the CounCii to designate, a new site for the r•?' i-Pool a,t. the.,r, �.n orth Side House. as this site was .up for 'sale and the Mini-Pool would have to be moved, Alderman Saccucci reported that the residents of Conway Park were against that site,, and recommended that it be moved to Stewart Park. By Alderman Jones: seconded by Alderman Meyer .r RESOLVED, that the request for a new location of the-North Side Mini-Pool be referred to the Planning Board for recommendation. Carried At this point, in the meeting the Mayor declared,. a. five-minute recess at 9:35 p.m. At 9,:45 p.m. the `Mayor reconvened the meeting. .� : ENPLOYEE''S .EDUCATIONAL ROG A14: Alderman -Rundle reported. that this .item referred to the�­ Finance oinmit a 'on SeVtembet 6 1972 is a n -� , , em visl-ci-fin=' one of the demands at time, of labor negotiation. He asked that this item. be removed:,�from., .. PIERSONS DUPLICATING MACHINE PROPOSAL: This item is unde:x consideilati4m;..along with: the proposals received from Nichol Business Equipment .Company:):and the A. B,,.Dick Company. GOLF COURSE SIGNS: Alderman Rundle•reported-,that!, the request for signs for the 'Newman Golf Course was a Department of Public Works Junction and not the Finance Committee. foe asked that this item be removed from-the agenda,.,, By Alderman Rundle: seconded by Alderman Boronkay RESOLVED, that,,the request of Alderman "Meyer for s4pns desi:gnatin, the location.of.,the Newman Golf Course, be' referred. to the Board of Public Forks-i" Public Bui ldin(rs, r'ublic Grounds and Parks Committee. Carried SCHOOL GUARD$, AT EUI AND CHESTNUT STREETS: Alderman Rundle: reported that the hirin¢__of,_. i sc ool guards comes under the jusisdiction o-' 'the Police--Department and funds---$hould- be'67_ included in their budget. At the present time school guards work 12 1:/? hours per week;,_:'--l ' and are pa 'V il'U per By',tilderman 'Runcle: ' seconded by'Alderman Barber RESOLVED, that the Police .Department hire a school guard for the Elm Street ands Chestnut Street intersection as soon as possible. Carried TRANSFER OF FUNDS REQUESTED BY BOARD OF PUBLIC WORKS: By Alderman Rundle: seconded by_. . �, ., Alderman Barber," RESOLVED, t}iat the transfer of funds in the Ca�rm,Unity Service Account be approved.: Amount $-$50400 From Comrimity ;Service "ld,*. 'Account A1620C-302 To Community Gervice Bldg. Account A1620C-419 Purpose: To provide .funds for repair of smoke stack unforseen at-time budget was submitted. Carried 29fi -6- November 1, 19?� By Alderman Rundle: seconded by Alderman Gutenber(Ter --�- RESOLVED, that the transfer of funds in the Shop and E.quipmentAccount be approved. Amount $460;00 From Shop and Equipment Account F8310-6-312 To Shop and Equipment Account F8310-6-250 . -Purpose: To replace obsolete pump. --- Carried By Alderman Rund,le:` secGfided•by' Alderman Boronkay RESOLVED, . thatAthe transfer of funds be approved. Amount From rService,.Account F8340-2-302 To of Valves $ Hydrants Account F8340=3-302 Purpose: To cover account in red and provide fior ds 'for repair and -maintenance of hydrants for rest of year. r'arried 6 By Alderman Rundle: seconded,by Alderman Barber RESOLVED, that�•ther transfer of funds be approved. Amount $1,700.00 From Stewart Park Account A711OB-407 To Parks and Forestry Account A711OA-312 $600.00 A711OA-418 $300.00 Stewart Park Account A711OB-314 $800.00 Purpose: * To provide funds for repairs of Equipment and feed for animals. Carried= By Alderman Rundle: .seconded by Alderman Jones RESOLVED, that the transfer of funds be approved. Amount : $2,000.00 From . , Refuse and Garbage Account A816N 413 To Refuse and Garbage Account A8160-312 Purpose: To provide funds for equipment parts and supplies due to cost running higher than anticipated. TfRANSFER OF FUNDS REQUESTED BY THE YOUTH BUREAU: 8y 'Alderman Rundle; seconded by Alderman Jones RESOLVED, that the transfer of funds as requested by t`ie Youth Bureau is hereby approved. Amount. : $2,OOQ..00 From : Cass Park Pool and Rink Account A7310B-101 To : Youth Bureau Account A731OA-210 $529.00 A731OA-220 $375.00 A7310A-250 $698,00 A731OA-312 $ 48.00 A7310A-401 $300,'06 : A731OA-436 50.00 Purpose; To provide funds for necessary equipment and supplies needed by the Youth Bureau for operation of Cass Park facilities not previously budgeted. Carried �PLANNING DEPARTMENT RbQUEST FOR TRAVEL EXPENSE: By Alderman Rundle: seconded by Al erman ,Tones RESOLVED, that expenses incurred by applicants being, interviewed for the position of Planning Director be approved and ordered paid out of Account A802.0-433 Planning Department Travel & Mileage, AND BE IT FURTHER RESOLVED, that the number of applicants to be interviewed for this position be limited up to and including 4 applicants. ` . Carried V PARKING AREA TEST BORINGS: By Alderman Rundle: seconded by Alderman Barber RESOLVED, that an amount of $950.00 for test borings on Block #193, Former City iaall - Fire Station, and now surface- parking between Tioga and Aurora Streets, on East Seneca Street be approved and ordered paid out of Capital Reserve #14-Parkin R Areas. Carried 293 -7- November 1, 1972 AUDIT: By Alderman Rundle: seconded by Alderman clattery RESOLVED, that the bills audited and approved by the Finance Committee in the total amount of $13,:798 8€,:.Ias listed on Audit Abstract #10-1972 be approved for payment. Carried CENTRALIZED PURCI4A•SINh'f'-' Aiderinan'' 'Slattery reported that he`had done the audit 'this month and felt that it would be to the best interest of the City to look into centralized purchasing.' _ . . By -Alderman `Shattery':', seconded by''Alderman Rundle RESOLVED, that the Budget :and Administration .Committee look into the.,possibiliti,es of centia1i•'Ve4 purchas hg wi hi the`County. . Carried POLICE COMHISSIONER QUALIFICATIONS: Alderman Boronkay reported that the Charter and Ordinance Committee was"sti!T workinrr on this. READ 1ON IENT' PLAN 'Aiderm�k :Bafonkay repbrted' that` a' copy or the; ward boundaries wex�, pIivlofii' each A' 'derman Is desk.- Attorney Gersh reported that he had' put a local law on the; ; ALdermman''s desk; and wbuld''have it typed. and mailed tomorrow so that after. the ton-day period it cou-1d`be acted upon. " After the Council has acted bn this it would go to a public hearing. The tIayor must approve or veto the local law within twenty days of the public 9Q hearing. Alderman Nichols reported that the residents of her. :ward did not feel they would have true representation with the trafi si`tion' from fourteen Alderman to ten Aldermen 0.3 and that lawsuits were a Possibility. Alderman Slattery said he could not understand the 4:� questions now as the October 1, 1972, resolution was adopted unamiwoously by Council and the resolution was for the transition period only. Alderman felt that tho elected Aldermen had the legal right to finis'i their tern of office and that they should inform their constituents of this. t?tIer'Ile "F. 5h MINI-BIKES: &} I reported that mini-bikes are motorcycles under the vehicle and txaffxc laws and must conform to all laws governing motorcycles. !'.!hat is needed is legis iQIl_.gauexniti. -ono vate grope ; 1 to:' h rt�r~ ritt 6rtt=i wea. t'oiffriiyfe—d was look iri�"into this phase of" mini-bikes. DOG ORDINANCE: Alderman Boronkay asked the City Attorney what progess had been made on the Dog Ordinances. Attorney Gersh reported that the Dog Ordinances had been sent to Judge Clynes on September 22, 1972 for review. Judge Clynes had turned this over the City Prosecutor for his views. AGENDA: Alderman Boronkay reported that clarification was needed for the rules pertaining `tto the agenda for that meeting. It was their intent to use page 1 of the agenda.. genda to list all referrals to committees. Parse two or the explanation of the agenda would' be used to clarify only those items that would be on the agenda after the Clerk had contacted all committee chairmen. Items appearing on page one of the agenda would continue to be carried to the next agenda automatically if it did not appear on the explanation page of that meeting. PRUNING OF TREES: Alderman Gutenberger reported that he had the report from the Superintendent's office as to the cost of pruning trees. They had informed him that it was not wise to trim the trees either on City property or private property. Ile asked that this itme be removed from the agenda until later. By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, that the item of "Cost of Pruing Trees" be removed from the agenda until later. AYES: 13 NAYS: 1 Rundle CITIZENS FOR LAW ENFORCEMENT: Alderman Gutenberger asked that the request for more officers an equipment a remove ram the agenda until the 1973 budget requests are presented. Mayor Conley reported that Chief Herson had requested a manpower analysis be done by the Bureau of Local Government which could be done in the spring. HUMAN SERVICES REPORT: Alderman Nichols reported that in discussions with the school district in regards to the South. Hill playground, the school board had asked if the City would help develope the playground at the Fli,,h School. the was advise-.I that the City could not participate in taus protect at this time. G. I.A.C. APPLICATION: Alderman Nichols reported that the application of the Greater It aca Activities Center was not ready as yet and when it was ready Attorney Gersh would look it over. HI-RISE: Alderman Nichols reported on the grand opening of the Titus Flats tli-Rise. She felt th t they had done a very nice job on this and the onening was very enjoyable. -B- ??ovember 1, 1972 11-11XNCOCK STREET MOUSING: Alderman Nichols reported that her committee was worksnf, w t-h ?she tenants in the Hancock Housing project and were making good progress. EXECUTIVE MEETING: Alderman Schmidt reported that the Executive Committee would meet *-omorrow on t e items under their report and they should have a report for the next meetinaf ZONING CHANGES: Alderman '9eyer asked that all requests for zoninry changes be forwarded to tKe Charter and Ordinagce Committee before November 13, 1972, which will be their next meeti ng. SALTY DOG: Alderman Saccucci presented a petition with twenty signatures askinp, that the Salty Dog keep their noise down so that they could sleep at night. There is;_constant nois going on at all hours. In connectinn with this Alderman Barber reported W"t-there was activity inside and was reported in the t1It',iaca News Time" . . . „e.-Pelt that this should also be investigated. titayor Conley indicated that he would refer this to the Police Chief for action and also inform Mr. Brown of the Alcoholic Beverage Control B,�rd - On motion the meeting was adjourned at 10:35 p.m. Robert G. Grey, Deputy City Clerk Edward J. Con ey, Rtayor e 'i. I 1 COMMON COUNCIL PROCEEDINGS CITY OF .ITHACA, NEW YORK S;-cial Meeting 12:00 p.m. November 29, 1972 Pi FcF:?T: Mayor - Conley Aldermen (10) -- Spano, Slattery, Jones, Boronkay, Spencer, Henderson, Wallace, Gutenberger, Saccucci, Meyer AESFi'T: Aldermen (4) - Schmidt, Nichols, Barber, Rundle q OTHERS PP.FSENT: Youth Bureau Director - Cutia Urban Renewal Director - Brown Piarnin; Director - Meigs Deputy City Clerk - Grey Mayor Conley informed the Aldermen present that he had called this meeting to listen to ray° .c' Shub of the D=p.artmnnt of Transportation explain the possible location of Routes 13 & 95 and also to explain why the state must have the disclaimer resolution. Mr. Shub explained the state's stand on Routes 13 & 96. He pointed out that the state does not have any design on developed Park Land. There would be public hearings all along the way and the city could respond at these hearings. The City of Ithaca will have many opportunities to be heard on the relocation of Routes 13 & 96. Mr. Shub explained that the Council passed a resolution on November 4, 1965, specifying a strip of the Park Land had been reserved for the possible corridor. After much more discussion, By Alderman Spencer: seconded by Alderman Boronkay RESOLVED, that the resolution of November 1, 1974, stating that the lands would not be a mw-;or impairment to the City's Park Land Stock, be removed from the table. Carried By k1derman Jones: seconded by Alderman Spencer this Council has received v:a the Urban Renewal Agency a request dated October 16, 19''', frog± DaYrid Shub of the Department of Transportation for a new disclaimer resolution, Varta''ning to the use of park lands for highway purposes and s °' this Council realizes the importance of the relocation of Route 96 across the fi 3d channel, an& W;..FZEEAS the afore golg resolution shall in no way supercede the resolution of March 1, 1974, IKY-4 iERE14•JRE BE IT IEZSOLVED, that it is the sense of this Common Council that the utilizing of park lands as a corridor for the relocation of Routes 13 & 96 as requested by the New Yoe:'- State Department of Transportation would not be a major impairment to the City's park land stock; and further that the land your department proposes to take is not significant for recreat-'cnal purposes and, isi fact, has not been considered for such in our development of the urea. The appropriation of these lands would have no adverse effect on present recreational facilities or on the future expansion plans for such facilities. ' Carried Mayor Conley at 1:05 p.m. declared a recess until 7:30 this evening when the Council would meet again to dispense with the rest of the agenda. Reconvened special meeting at 7:30 p.m. !.7--EIT'.,. Mayor - Conley (11) - Spano, Meyer, Nichols, Jones, Henderson, Barber, Saccucci, Slattery, Wallace, Schmidt, Rundle AT!SFN": Aldermen (3) - Boronkay, Spencer, Gutenberger OTHERS PRESENT: **,Attorney - Gersh Urban Renewal Director - Brown Fire Chief - Weaver Controller - Daley Youth Bureau Director - Cutia Assistant Controller - Spano Supt. of Public Works - Dingman Deputy City Clerk - Grey Mayor Conley informed the Aldermen present that the meeting held at noon was now continued for the purpose of completing the agenda. He asked the Clerk to read the resolution passed in regards to Routes 13 & 96 for those Aldermen who were not present at noon. The Clerk lead the following resolution that was passed at the noon meeting: VrKEREAS, this Council has received via the Urban Renewal Agency a request dated October 16, 1972, from David Shub of the Department of Transportation for a new disclaimer resolution :=at '.tiFY to the use of park lands for highway purposes and .Q i 96 November 29, 1972 this :,�:,ii rc i� : tip ,. ort_:ICe of the relocation of Route 96 across the i__0^3 c:-iLnnal, and WF_L LEAS, the afar? yin;, re::ow:Ition shall in no way supercede the resolution of March 1, 1972, P,`,W T.:LM- i :; E� �T ), that it is the ,sense of this Common Council that the utilizing of park landc as a fcr tra relooaeicn of Routes 13 & 96 as r��quested by the New kohl: S-_ztP D r* :ar_*. ,.f `wran;;*,•ortation would rot by a uajor inipairrent to the City's park land s nck; and furt.1.2r t;:at t':, i_^d your d,:7.a-_tent Proposes to take is not significant for ^.:raatio al r;•l rn�, , c1.ni is :-c. -, �^t, has r_:.3t been considered for such in our development Of the area. Tae cif: tl:e:a lands would have no adverse effect on present Cd t .v fut--a::e � sio n plans fcr such facilities. e�:r an � Carried & L1_ Llderran Jon- 2s reported that the E•dc-at and Administration C -.,� ttee an:] the t'a> !�niinry E.-_:3 D.aelc. _ ::t Co nittee had recL�'�:,:.ar.�.ecl th^` .•the proposal ,� �.�� p p sal of Ray:-.onI: , Parrish an], "'ire for t%:i C': .::af.fic study be accepted. l y J . ._< J q: t :: „<. , r _ ._?_..w'. ccn_;:l tir.S service to C, _ '.a _?_ <.I tl:L.`_ ': C :iF _ t G�T�tiCn :n ccnnect'on with possible do-rslop enta in the Can-trn l Ithaca ,. a;: - the ClI ty Clerk be authorized to execute: a z t` f._:n �'_ z: _.._ <_ y . _ , ,>n P:gin°, of 11ri e Plains, T?ea York, to a t a`iE .;tail �:. " .., s.ti ; t ,..a d. .:.to rI Ur?-,--i T_;anewal area and proposed s (",;a : ±rP: �t T $5 400.00 and ., _`3.,.1. :L'.<;r � ...`,:__ Ii.. _ o f.s:CPC;; ,.. ' n the Stu-' ^' X11 11 c rr4e3 out under the direction of the ,ar'�_erd^r.t of ��: .-ic r._ r:rs, �t.� _ t r '-In-mean, in cloze 'c : b�uction with .the Planning D �artWe=_t and b'.:_ not ba V-7aite: to the following: _. *: _s ce ^ bounded as follows: ,. .. - c aa--. era ^tr t,, rata roc_,�aic e7 Senate Jay and Seneca Street S t-.. ._ _ v �- the .ce to Ll`bary Street, thence to cl_. ;_L: _h..,:, _.a:.-., to , �_r i::"e Crept% r_:,:3 along Six Mile Creek and Ea.�t C ._ "L...__ .. t 1 2. Pro, '.Cn c .... -- . .:� .� cZ:.rtZrJ a^es and b y proposed �- { , �., �a _ _,' i• ��i study area 3> .�.' Y ,.. s a.._. _ '.c from deve1.. ._a or in exi;_irg off stree f .... .. �k, :._��n.>�� fir - e-at c.sed on evaluat c ^ ovQ•n^ s b- et _f r" _ _ ' o in st 'y area. %1L= VOi 3 ty `. i ' ._ _fit .: .. ._ i:f C .:'.. _...- is It _.. ,l,i.....3 or an additional Ia of s"..udy area but allied to it. 6. tit �':?':i .:.I w conferences ererces concerning t ..� ?.. ;,-�, _.._. i�° _-; y f _v c� ce of the final study report. 7. Tc;w* r_ , ,-�,;a be �_... . _ ? '° ' . > :q _ ._r.=y alo-,� wits: Hr. ir.:1-.::an and in conjuction with a tai ^ar_' ._ �: ..._ _:. _. p and Pi: Carried ✓C 'T�:', E ',n,Rci k', ' 1!?7 _..<_ y."._ .a r.s - acc,_.r ed a Capital 12ro j ects list for 1973 as cc ,°?la? ty ti: -a—,;it_a1 _. .rovEa,-.. tr a.pis. , Cc_.__:ittee. Th.`c &-hoald to the - be presented for �nC 1_ .- s i r na~::.. C:�a:�:,.Iittea �.-. c,�•. .�n tL_a :'� _ _. get M3yrr ^o"ley questioned the fact that the w14ciening of :.oath C.,. c tre t F ._, nut iI:^_luled :-n te":.^_ S .'_t :l Projects. He asked that the F ra:x:a Co:x.:i tt«-e L.ok into tliic. T` d t°i.chol 7, that t`,.e S�� tlh r <�� ^•.r_�acr- r�'_.+_c _ � i:1 r_w, h!_�13red block, between Green Street alld G-A tv < v'i.:C?E" Carried =.y Ai d':::m n Jcne:3: ssiccn,�r:: er':::gin "T>S'TX.i,D that . r c he ita� Review the CZ?it:�x P cic t:. a:, �, �,Witteu by Cam view Colm2ittee as listed below bey _. -e•_ __...i P2,-i i;i� .+: . ion o-x _--_ for in 1 ref errs' to the :�.�v' ,v C {t�:-� c u3ion in the 1973 Baud?^t. Pr or=ty ?r'cie,�t Cost 1 S. Pur:.:a St. $ 37,000 As:c. B `W to a, a .eon Silas St. Project for '73 7S030 (S. ?_.ircra ?Liclgn Rao.'_ $123,01"0 -2c ,,r.k O'CO _ 123,01JI 37 0^J 2 CAKTAu. :'_s_.. :d: ( .nr_1. hose p--Y , acq,.I..s. & Devalopmert,etc.)* 32,500 3 Clinton S t._amt 8,000 7,800 5 ;t rL -on Ali , 'o to C'_-): ,=Y) 35,000 6 W. C_'_.ry to":: St. -- 30,000 7 Str of 7,500 7 If 29e _3- November 29, 1972 Also: *Parks: S. Hill Playgrounds (See $16,,250 estimate from City Engr. Part appropriated in 1972) Conway Park (to be discussed with IHA, DPW, Youth Bur.) TOTAL RECOMMENDED NEW FUNDS $174,300 Further recommendations for study, gesign and means of financing 1 South West Access Route - Start with County, Town and City meeting. 2 Elmira Road - BPW to produce engineering drawings by 2/1/73 for Planning Board and BPW review - investigate all methods of financing. 3 MALL (State St.) - recommend appropriate tion and economic feasibility design considera- tyandfinancing alterations Further Recommendations: 1 Green Street Parking R:7�nip - $80,000 for down a 2 Fire Station #7 repairs- P yment. ($15,000) to be included in 1973 Fire Dept. Budget. WATER-& SEWER FUNS-' Recommendations: 1 Complete projects for which funds have already been allocated. 2 Start & Complete only those new projects related to general.'fund projects. 3 Tertiary` Seiver Treatment Study (discuss w/tnvir. Comm. funds from '$1.15 B N.Y.S. bond) r.. Carried GILES STREET BRIDGE: Alderman Jones explained about the Giles'Street Bridge Repairs. If the project was al•.ndoned for 1973 this would add $48,000.00 to the South'Aurora Street Bridge Repairs and leave only $37,000.00 to be raised for the coming year. ' By Alderman Jones: seconded by Alderman Schmidt WHEREAS, this Common Council established a Capital Project entitled "Giles Street Bridge Repair" in 1972, a^.A WHEREAS, the Capital' Improvement Review Committee has recommended that this project be excluded from the 1973 Capital Improvement Program ' NOW THEREFORE BE IT RESOLVE:;, that Capital Project # H890-116 entitled "Giles Street Bridge •'repair" be 'abandoned and the remaining funds be transferred to Capital Project Bridge "South Aurora Street_ Bridge Repair," and BE IT FURTHER RESOLED, that the Giles Street Bridge Repair account be included in the 174 C'apital'Ptojects. Superintendent Dingman reported that the bridge was deteriorating badly and did not feel that this should be taken from the 1973 budget as it would cost more to put off the repairs fore another year and might possibly c1cce the bridge if the repairs were not done next year. By Aldermn Nichols: seconded by Alderman Barber RESOLVED, that t'he' oregoing resolution in'regards to the Giles Street Bridge Repairs for 1973 be tabled until the. Superintendent has presented his case to the Budget and Adminis- tration committiee. Carried May or Conley reported that when he was an alderman the Board of Public Works conducted bug""' ours on the various Capital Projects and he felt it was very enlightening. After some discussion it 17as`ldecided to have the Aldermen and other City officials take this bus tour on Capital Projects on December 9, 1972, at 9:00 a.m. A reminder would be sent to all concerned. NORtH'$IDk'MI9' I-PO0L: Alderman Slattery reported that he was meeting Monday with the Greater Ithaca Activities Center and would like Council approval to see if they would- be intereste4 in locating the mini-pool at their site. By Alderman Barber: seconded by Alderman Saccucci RESOLVED, that this Council approves Alderman Slattery asking the G.I.A.C. if they would be receptive to the idea of locating the'Northside Mini-Pool at their site. L. At 8:40 p.m. the Mayor declared a five minute recess before going into executive Carried session to discuss personnel problems. : v^r Hobert G. Grey, Dc,•uty City Clerk Edwar J. Cbnley, Mayor f , December 6, 1972 PAUL EBERTS: Paul Eberts spoke against the reducing of aldermen from 14 to 10. He felt that the aldermen should contact their constituents. More work would be piled on the aldermen as they would have more committee functions. He felt that the minority groups were being left out. Ten years from now with the way things were going it was possible that the city would have only four districts and this would mean another reduction in aldermen. He felt that the council should reconsider the change from 14 aldermen to 10 aldermen and not make the council a professional council. V' ENVIRONMENTAL COMMISSION: The clerk read a resolution passed by the Environmental Commission concerning glass pick up, passed at their November 22nd meeting. RESOLVED, that the Common Council be requested to expand the pickup of glass from one-day pickup to five-day pickup and from one section of the city to all sections of the city. rN" By Alderman Meyer: seconded by Alderman Henderson ' RESOLVED, that this letter and request be referred to the Board of Public Works for rec- "Ok ommendation and for earliest implementation of a five-day pickup. Carried AYES: 12 NAYS: 1 - Spano ABSENT: 1 - Slattery CONFERENCE OF MAYORS: The clerk read a letter from the Conference of Mayors, listing the meetings to be had by them concerning Revenue Sharing. Mayor Conley informed the council that the City of Ithaca would be represented at the Syracuse meeting. LEVATICH-MILLER-HOFFMAN: The clerk read letter from the firm of Levatich-Miller-Hoffman notifying the city that as of November 1, 1972, they were becoming a professional corporation to be known as Levatich-Miller-Hoffman PC, and asking the city to note this on all contracts and agreements in force at this time. FINGER LAKES ASSOCIATION: The clerk read a letter from Cdnrad T. Tunney acknowledging the receipt of the 1973 contract. He also informed the council that the material submitted by them for 1973 will appear in the guide as submitted. EQUALIZATION RATES: The clerk read a resolution from the Board of Representatives establishing the County Equalization Rates. The City of Ithaca's rate is established at 72. ELECTION DISTRICTS: The Clerk read a letter from John Marcham, Chairman of the County Oft Intergovernmental Relations Committee, requesting that the City establish as soon as possible the boundaries for election districts and asked that this be done not later than December 30, 10d 1972. It was reported that the Intergovernmental Committee of Commnn Council would have a report on this in December. `FIRE DISPATCHERS CONTRACT: The clerk read a resolution from the Board of Representatives that they had approved the Fire Dispatchers contract with the City. The clerk reported that he had finally received the contract and the Mayor should be authorized to sign it. By Alderman Barber: seconded by Alderman Rundle RESOLVED, that the agreement with the County of Tompkins and the City o f Ithaca for the purpose of sharing the costs of Fire Dispatchers, for the period of May 1, 1972 through February 28, 1974, of fifty percent, be approved and the Mayor and the City Clerk are hereby authorized to sign and execute said agreement on -behalf of the City of Ithaca with its corporate seal. Carried LEHIGH VALLEY RAILROAD: The clerk read a notification from the Lehigh Valley Railroad ;; notifying the City that public hearings would he held for the purpose of deferring 1973 taxes. The Clerk also read asnews release from the offi Lefkowitz, stating that he of Attorne Glte was, deocidedJto wait and see how the Attorney General' s office made out. ✓. YOUTH BUREAU RECREATION LEADER: The Clerk read a letter from Robert Cutia, Youth Bureau Director, stating that on November 1, 1972, the Youth Bureau assumed responsibility for the Cass Park rink and pool complex. They planned to employ an additional full-time person for a six-month period. The DPW has an assistant golf course manager whose job is similar in performance and responsibilty and this job could be combined. Money has been appropriated contacted for approval of the title and job in both departments and Civil Service has been description of a Recreation Leader at Grade 28 at a starting salary of $6,398.00 for a 48-hour week, with this employee to be assigned to the Youth Bureau for six months and the Department of Public Works for six months, to cover the ice skating and golf seasons. After some discussion as to establishing a new position By Alderman Nichols: seconded by Alderman Barber -3- December 6, 1972 WHEREAS, the Ithaca Youth Bureau has been authorized to employ one additional full-time person for six months annually to assist in managing the Cass Park ice riA, and WHEREAS, the Department of Public Works has a similar position for an assistant golf course manager at the Newman Golf Course, and WHEREAS, the seasonal nature of both jobs makes it convenient for them to be held by one individual, NOW THEREFORE BE IT RESOLVED, that the position of Recreation Leader be established at grade 28 with the minimum starting salary of $6,398.00 for a 48-hour work week and that this employee will be assigned to the Ithaca Youth Bureau for six months and to the Department of Public Works for six months to work in each department during the ice skating and golf seasons respectively. Carried DAVID WARBY: The Clerk read a letter from David Warby asking that the City reimburse him for towing charges incurred as a result of his car being towed away by the Police Department. The City Judge had excused the tickets he had received as one specified a Buick and the other a Pontiac. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the letter be turned over to the City Attorney for recommendation. Carried EXECUTIVE PAYROLL: The Clerk read a'letter from John A. Dougherty asking that the following be taken in consideration for the members o!f the Executive Payroll who had petitioned the Council for a salary study. 1 - Members of the Executive Payroll receive a 6% increase in salary effective January 1, 1973. When results of the salary survey, now being conducted, are in, such results be implemented, retroactive to January 1, 1973, with adjustments made for the 6% increase already granted. We feel the above request should be granted due to low salary increases received by our group in the previous two years. 2 - Most fringe benefits now being enjoyed by the members of the Executive Payroll are not spelled out or noted in any official resolution by Council. We recommend that Council pass a resolution stating that each member of the Executive Payroll be granted all fringe benefits now, or in the future, being received by the majority of the employees being supervised by the member, i.e. Deputy Fire Chief receives the same benefits as Firemen; Asst. Supt. of Public Works receivw- same benefits as member of Laborers Union, etc. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, that the request of the members on the executive payroll be referred to the Budget and Administration Committee. Carried BLOCK #9: The Clerk read a letter from H. Stilwell Brown, Urban Renewal Executive Director stating that the Urban Renewal Agency at a special meeting on December 6, 1972, had passed the following resolutinn: "WHEREAS, a Ramada Motor Inn is being constructed by Walter J. Wiggins on Block 99, bounded on the north by West Green Street, east by South Cayuga Street, south by West Clinton Street and west by the west line of the Urban Renewal Area; and WHEREAS, the developer was promised that the 200 block of South Cayuga Street would be widened and reconstructed; and WHEREAS, construction of the said motel development is scheduled for completion in the late summer of 1973 NOW THEREFORE BE IT RESOLVED: 1. That this Agency respectfully requestes that the Common Council of the City of Ithaca include the costs of this work in the Capital Budget of the City of Ithaca for the year 1973 as a part of the co-operation agreement heretofore executed by the City and the Agency." By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the resolution of the Ithaca Urban Agency in regard to the widening of South Cayuga Street be referred to the Budget and Administration Committee. Carried / -4- December 6, 1972 DOWNTOWN DEVELOPMENT: Mayor Conley reported that a meeting was held with all concerned and all of the objections had been taken into consideration. The plans hopefully will be back within two weeks with prices. There was legal work to be finished and would come back to Common Council prior to the public hearing, hopefully in December. COLLEGETOWN PROJECT: The Mayor reported the program for the collegetown project was being put together and many proposals }Aad been made and modified. The project would be presented to the Council as soon as it was put together. COUNCIL MEETINGS: The Clerk reported that he had been requested by the aldermen to read the resolution that had been passed by the Common Council on August 5, 1970, in regard to Common Council meeting attendance. RESOLVED, that the Common Council hereby directs that all City Department Heads or their representatives 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 required to attend all future meetings of the Council also in a manner similar to the way aldermen now attend meetings of the Board. The Clerk was directed to send copies of this resolution to the Department Heads and the Board of Public Works as a reminder. LOCAL LAW - DOG ORDINANCE: Attorney Gersh passed out copies of the new proposed Dog Ordinance and explained that it must lay on the table for seven days before being acted upon. He recommended that it be put on the agenda for the next meeting. After some discussion By Alderman Boronkay: seconded by Alderman Rundle RESOLVED, that the Dog Ordinance be referred back to the Charter and Ordinance Committee and appear on the next Council agenda. Carried HILDA HUTSON INSURANCE: Attorney Gersh reported that the Department Head had recommended payment of the request for two months insurance premiums and felt that the Council should act on this. By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the Common Council hereby authorize the payment of $73.32 to Mrs. Hilda Hutson as reimbursement for her payments for health insurance. Carried Mayor Conley felt that the Common Council should formulate a policy in regard to health insurance so that these cases could be dealt with immediately instead of waiting such a long time. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, that this matter of a policy for health insurance premiums be sent to the Budget and Administration Committee for study and report. Carried SOUTH HILL PLAYGROUND': Attorney Gersh reported that he had met with the school board's attorney in regard to this. The school district would give the City of Ithaca a license to use the land and the city would build the recreation facilities and furnish the labor and materials. They had discussed the possibility of the school and the city of sharing the maintenance costs but the school had declined sharing the cost of maintenance as they felt it would be the city's responsibility. He asked for direction at this point. Alderman Nichols felt that the Human Services Committee and the City Attorney should continue to negotiate with the School District, and it was the concensus of the council to do so. LOCAL LAW - STAGGERED TERMS FOR ALDERMEN: Attorney Gersh reported that he had prepared a proposed Local Law to amend the City Charter in relation to the election of Aldermen. Contents of the Local Law were explained by him and are cited as follows: CITY OF ITMCA A Local Law Amending Section 14 of Chapter 503 of the Laws of 1908 of the State of New Yokr, being the Charter of the City of Ithaca, Section 2-10 as codified, to provide a transitional procedure for election of aldermen from newly reapportioned wards of the city. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 14 of Chapter 503 of the Laws of 1908 (Section 2-10 as codified) , is hereby amended to create a new Section 14a, reading and providing as follows: -5- _> December 6, 1972 a) For the limited purpose of effectuating a transition from seven wards in the City to five,as provided in the Local Law amending Section 3 (Section 1-3 as cod1fied) , the following procedure for the election of aldermen is hereby adopted: (1) all aldermen presently in office shall continue to hold office until the ex- piration of the terms for which they were elected. Nothing herein shall operate to reduce the term of any alderman now in office. (2) at the general elections in 1973 and 1975, one alderman shall be elected from each of the five new wards, to hold office for a term of four years; (3) thereafter in each odd-numbered year, one alderman shall be elected from each k !such new ward, in place of the alderman whose term of office shall next thereafter expire, %,,,„) to hold office for a term of four years. Section 2. This Local Law shall become effective forty-five days after its adoption and is subject to a permissive referendum as provided in Section 10 of the Municipal Home Rule Law. These proposed Local Laws wore,received and lAid on the table for action at its next meeting. �•. PROVISIONAL APPOINTMENTS: Controller Daley reported that two Account Clerk had been 1-. hired and a Senior Stenographer. One Account Clerk in the Clerk's Office as a replacement, one Account Clerk in the Finance Department as a replacement and a Senior Stenographer who would act as secretary to the Mayor, City Attorney and the Councilmen. t..? By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the following provisional appointments be made in the Finance Department: Louise Sisson Account Clerk Suzanne Bordoni $4,614.00 Effective November 27, 1972 Account Clerk 4,614.00 Effective November 27, 1972 Mary Lou Barber Senior Stenographer 5,527.00 Effective November 27, 1972 AND BE IT FURTHER RESOLVED, that the Citril Service Commission be requested to hold an , examination for the above classifications. _ TENTATIVE BUDGET Carried : Controller Daley reported that the Tentative Budget for 1973 would be presented to Council on December 20, 1972, so that they could adopt it on December 27, 1 BUS TOUR: It was decided that a bus tour would be held on Saturday, December 9, 1972, at 9:00 a.m. to view the Capital Projects and other important projects of the City. The Council, the Board of Public Works and other City Officials were invited to join this tour. At this point Mayor Conley declared a five-minute recess at 9:00 p.m. At the end of the recess he called the meeting to order again at 9:10 p.m. CHALLENGE INDUSTRIES: John L. Russell appeared before the Council to speak on glass collection of Challenge Industries. He presented the following statement: CHALLENGE INDUSTRIES GLASS HANDLING PROJECT 1. Present contract with City expires December 31, 1972 2. Challenge is prepared to pick up glass for all the City on a five-day per week basis provided: 1. The City will provide a truck 2. The City can provide 4-6000 square feet of space for handling 3. Some facts and figures 1. One ton of glass is equivalent to 6.6 cubic yards of land fill. 2. Since the program started, Challenge has shipped over 600,000 lbs. or 300 tons of glass which is equivalent to over 1900 cubic yards of land fill. 3. If our trucks hold as much as 10 cubic yards, this is equivalent to 190 trips to the land fill area. 4. If the average cost of a trip to the land fill area is $55.00, the value of 190 trips is $10,450.00 ,r -6- December 6, .1972 5. From Challenge's view point, this, pr•ovides work for 12 - 15 handicapped people who otherwise night not work. 6. Thatcher Glass pays us $20.00 per ton which helps support the program. 7. Thatcher Glass will take all the glass. we can provide. Our handling of glass is excellent because of the separation by,,colo.rs. LINDEN'AVENUE METERS: Alderman\ Gutenberger reported that the Board ,of .Public Works had denied the request to install meters in the Linden Avenue area. Owl CENTRALIZED PURCHASING: Alderman Rundle reported that the Budget and Administration Committee is continuing its investigation of centralized purchasing. v' BUDGET TRANSFERS: By Alderman Rundle: seconded by Alderman Boronkay RESOLVED, that the following transfers of funds in the Police Department be approved as recommended by the Budget and Administration Committee: Amount : $300.00 •From On Street Parking - Other Equipment A3320-250 To On Street Parking - Equipment Parts and Supplies A3320-312 Carried 'JG Purpose: Cost of material higher than anticipated. By'Alaernan Rundle:' seconded by Alderman Schmidt RESOLVED, that the following transfers of funds in the Fire Department be approved as recommended by the Budget and Administration Committee Amount : $150.00 Frbtj, ? Personal Services A3410-101 Tei Building' Maintenance`- Supplies A3410-302 Purpose:' Ran'`but of`-';' tW4s'kand toilet paper Amount ` ' $3,050 Frou► Contingent Account A1990 To Motor Vehicle Equipment A3410-230 Carried Purpose': ' ' Replace damaged vehicle nc PLANNING DEPARTMENT: By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the following transfer of funds in the Planning Department be approved ' ' as recommended by the Budget and Administration Committee Amount c $125.00 From Printing A8020-411 To Office Supplies and Postage A8020-310 Purpose: Insufficient funds to cover postage Carried By Alderman Rundle: seconded by Alderman Jones RESOLVED., that the following transfer of funds in the Department of Public Works as recommended by Budget and Administration Committee be approved Amount $650.00 From Sewage Treatment - Equipment I4aintenance G8130-418" To Sewage Treatment = Equipment Parts and Supplies 68130-312 Purposes To cover repairs to pumps and 'motors in excess of those normally anticipated. Carried POO TRANSFERS: Alderman Rundle reported that a sheet of transfer of funds to cover red accounts had been presented to each alderman and asked if there were any questions on r these. This a routine matter that happenO every year. By Alderman Rundle: seconded by Alderman- Jones -n�RESOLVED, that the transf er' of funds be approved As` recommended by the Budget and Administration Committee: (tpy attached. to minutes) Carried COPYING MACHINE: Alde' tman'Rundle reported that the' Budget and Administration Committee :had reviewed proposals for copying machines and has recommended the 3M machine for the City Court, Police Department, and City Clerk's Office. These machines will be purchased from Nichols Business Equipment Company and are in the 1973 Budget, at a cost of $750 each. -7 December 6, 1972 AMIlt 71 . By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that three 3M Copying Machines be purchased from the Nichols Business Equibment Company, one for City Court, one for Police Department and one for the City Clerk's Office and BE IT FURTHER RESOLVED, that the mimeograph machine In. the City Clerk's Office be replace by funds in the 1973 budget with a Gestetner Mimeograph Machine sole by Piersons Duplicating Products. Carried S.P.C.A. BUDGET: By Alderman Rundle: seconded= by Alderman Barber RESOLVED, that the Common Council hereby approves the Budget of the Society for Prevention of Cruelty to Animals for the year 1973, and BE IT FURTHER RESOLVED, that the Mayor and the City Cle*be authorized to sign this agreement under its corporate seal. Carried Alderman Meyer felt that consideration should be given to have the S.P.C.A. give the City full-time coverage. AUDIT: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the bills audited and approved by the Finance CommittLe in the total amount of $16,573.46 as listed on Audit Abstract #11-1972 be approved for payment. Carried CC CODES AND ORDINANCES CONSULTANTS: By Alderman Rundle: seconded by Alderman Jones Q RESOLVED, that the Mayor and City Clerk be authorized. and directed to execute an agree- went with Municipal Consultants and Publishers, Inc. i to review, modernize and codify City Charter and Ordinances. Y the Said agreement not to exceed $10,800. L Carried STATE STREET PEDESTRIAN MALL: David Taube spoke about the progress of the architects and informed the Council that they had gone as far as they could. The first co known as Phase I. Phase II would be schematic drawing and everything completeoupwto the plete actual construction. They will take into consideration maintenance and operations, parking and traffic and how it would effect other close-in businesses By Alderman Rundle: seconded by Alderman Barber WHEREAS, Common Council endorsed the State Street Mall concept August 30, 1972, and WHEREAS, Common Council authorized the Mayor to execute a contract with Levatich and Miller and Hoffman to develop plans for said Mall, and WHEREAS, expenditures by the architectural firm could not exceed $5,000 without specific Council approval, and WHEREAS, it is necessary to expend an additional $8,000 for Phase I of the Architect's services and $12,500 for Phase II NOW THEREFORE BE IT RESOLVED: Council 1. That the Common/approves and authorizes the expenditure of $8,000 to the firm of Levatich, Miller and Hoffman to complete Phase I. Said funds to be transferred from the Contingency Account. 2. That the Common Council authorize the inclusion of $12,500 in the 1973 Budget for the completion of Phase II• Carried Alderman Rundle reported that the City Clerk has been unsuccessful in his attempts to sell the Friden Computer locally and requests permission to advertize in out of town newspapers for the sale of said computer By Alderman Rundle: seconded by Alderman Jones RESOLVED, that the City Clerk be authorized and directed to advertize in out of town newspapers for the sale of the Friden Computer. Carried SIGN ORDINANCE: Alderman Boronkay presented the following changes to regulate signs as passed on July 19, 1972. By Alderman Boronkay: seconded by Alderman Gutenberger 'RESOLVED, that section 5-e be amended by the addition of the words "except as provided in section 8 hereinafter." Section 5-3 will then read as follows: No sign or part thereof shall contain or consist of banners Posters, pennants, streamers, spinners, or other similar moving, fluttering ors revolving devices. Thebons, said devices, as well as strings or lights, shall not be used for the purposes of advertising or attracting attention except as provided in Section 8 hereinafter. Carried "0. December 6, 1972 -8- 3C)S7- By Alderman Boronkay: seconded by Alderman Schmidt RESOLVED, that Section 8 be amended by the addition of the sentence, "No person or sponsoring organization which is commercial or otherwise profit-making shall l as cause to be placed any sign of a temporary nature without first obtaining permit provided in Section 10, 11, and 12 hereinafter." Section 8 will then read as follows: All signs of a temporary nature such as political posters, banners, promotional devices, and other signs.of a similar nature may be erected without a permit for a period not exceeding thirty (30) days, provided the consent of the property owner or occupant is obtained and that such signs are not attached to fences, trees, utility poles, or the like, and that such signs are not placed in such a position �} , as may obstruct or impair vision of traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the generalpublic. All such signs must identify the name and address of the sponsoring person or organization and the name of a person responsible for their removal at the expiration of the thirty (30) day period. No person or sponsoring organization which is commercial or otherwise profit-making s hall place or cause to be placed any sign of a temporary nature without first obtaining a permit as provided in Section 10, 11, andCar iede inaf ter. By Alderman Boronkay: seconded by Aldrman Schmidt RESOLVED, thAt Section 16 be amended by eliminating the first sentence and inserting the words "that were erected before July 19, 1972" into the next sentence. Se',ction 16 will then read as follows: All non-conforming signs that were erected before July 19, 1972, shall be removed or brought into conformity on or before August 319 1979. The Building Commissioner, upon determining that any such non-conforming sign exists at the end of said period, shall notify the owner of the premises in writing to remove the said sign within thrity (30) days from the date of such notice. Upon failure to comply with, etc. Carried v`NAME TAGS: Alderman Boronkay presented a proposed addition and amendment to Section 8-59 of the Ithaca Code. By Alderman Boronkay: seconded by Alderman Wallace RESOLVED, that section 8-59 "Uniforms Designated" be amended, and BE IT FURTHER RESOLVED, that section 8-59 "Badges and Insignias" be added to the Ithaca Code as follows: Section 8-59. Uniforms, clothing for police---Designation. (a) Uniforms designated. Items of uniforms shall consist of overcoats ffor pr beat men and motorcycle men, blouse or suit coat, trousers, raincoats, jackets car operators, shirts and hats. A uniform for sergeants or patrolmen assigned to the detective division shall be a sport coat and trousers :, or a suit of matching coat and trousers. An overcoat shall be an outer garment approved by the Chief of Police. Additional clothing and/or equipment may be assigned by the Chief of Police with the approval of the Public Safety Committee of the Common Council. (b) Badges and Insignia. All members of the Ithaca Police Department shall carry a badge showing their departmental rank and number, said badge to be 4membersdof upon request under all normal conditions. All outer garments worn by the Ithaca Police Department while on active duty shall be clearly marked with the member's last name firmly sewn or stencilled so as to be visible under all normal conditions. After%much discussion on the pros and cons of police having nume tags on at all times By Alderman Meyer: seconded by Alderman Nichols RESOLVED, that this change in the Uniform Code be returned the Charter and Ordinance Committee for further study. A roll call vote resulted in the following: AYES•• (8) - Spano, Meyer, Nichols, Jones, Henderson, Saccucei, Gutenberger, Rundle NAYS : (5) - Boronkay, Spencer, Barber, Wallace, Schmidt Motion to table carried': ABSENT: (1) - Slattery `�DEFINITION OF FAMILY: Alderman Bornnkay presented a definition of a family which was needed by the Building Department in order to perform their function By Alderman Boronkay: seconded by Alderman Barber -9- December 6, 19 WHEREAS, the Common Council of the City of Ithaca has received a resolution, dated February 23, 1972, from the Planning Board of the City of Ithaca, regarding the definition of the word "Family" as found in the present "Zoning Ordinance" and WHEREAS, the Common Council referred said resolution to the Charter and Ordinance Coim=littee on March 1, 1972, for consideration, and WHEREAS, the Charter and Ordinance Committee, at its regular meeting on November 28, 1972 did consider and revise the proposed definition of the word "Family" to read as follows: 'A family shall consist of (1) one individual or (2) of two or more persons maintaining a common household and related to each other by blood, marriage, or adoption as well as any domestic help employed by said family. ' TOW THEREFORE BE IT RESOLVED, that Section 13-9 of the Ithaca Code and Section 2 of ►ppendix A of the Ithaca Code be and it hereby is amended to read as follows: Family - "A family shall consist of (1) one individual or (2) of two or more persons maintaining a common household and related to each other by blood, marriage, or adoption as well as any domestic help employed by paid family," and BE IT FURTHER RESOLVED, that this amendment shall become effective immediately. After much discussion By Alderman Henderson: seconded by Alderman Meyer (7J RESOLVED, that the definition of"Family" be amended by adding after family, the following: "or a group of no more than three (3) unrelated persons." it Carried 1�;�After much more discussion on the proposed definitions of "Family" By Alderman Spencer: seconded by Alderman Boronkay RESOLVED, that this resolution of a definition of a "family" be referred back to the Charter and Ordinance Committee for further study. Carried REAPPORTIONMENT: By Alderman Boronkay: seconded by Alderman Schmidt RESOLVED, that the Local Law correcting Section 1-2 of the City Charter laid on the table v on October 3, 1972, be taken from the table, and voted on at this time. Carried y Alderman Boronkay: seconded by Alderman Barber .ESOLVED, that a Local Law to amend SEction 1-2 of the City Charter - Boundaries, be approved A LOCAL LAW TO AMEND SECTION 1-2 OF THE CITY CHARTER - BOUNDARIES OF CITY 1. Replace the seventh and eighth paragraph (following". . .south line of DeWitt's location;) with the following paragraph. Thence due east along the south line of DeWitt's location and its extension, to a ponnt in the east line of South Aurora Street (known in the Town of Ithaca as Danby Road) ; Thence southerly along said east line of the Danby Road 540 feet more or less to • point on the extension northwesterly of the east line of 133 Coddington Road; Thence southeasterly along said line of 113 Coddington Road and its extension, • distance of 360 feet more or less to a point on the southerly line of Coddington Road, said point being also on the easterly line of the Ithaca College property; Thence southeasterly along said Ithaca College east line a distance of 650 feet more or less to a point; Thence easterly a distance of 630 feet more or less to a point on the line dividing .ands now or formerly of Centini-Capalongo on the west from lands now or formerly of Fridley on the east, said point being also 550 feet more or less southerly along said lividing line from the south line of Coddington Road; Thence northeasterly a distance of 595 feet more or less to a point on the east line of Coddington Road, said point being also on the extension southerly of the east line of 725 Hudson Street; Thence northerly along said east line of 725 Hudson Street 145 feet more or less to a point on' the south line of Pennsylvania Avenue; Thence northerly 550 feet more or less, to a point on the easterly extension of the south line of the DeWitt's location property, being also located 155 feet easterly more or less from the east line of Hudson Street measured along the aforesaid south line; -10- December 6, 1972 Thence due east along the prolongation of the south line of DeWitt's location to a point 3452 feet east of the east line and Military Lot Ninety-four. 2. Charge `the'' fifteenth paragraph to read: Thence northerly along said east line of said Lehigh Valley right-of-way, a distance of 1580 feet more or less to a point in the westerly extension of the former north line of'the Village of Cayuga Heights; 3. Replacei'the' twenty-second paragraph with: Thence west along the north line of said lot 92 and 94 as produced, to a point where said line intersects the northeasterly line of Brookfield Road; Thence northwesterly along the northeasterly line of Brookfield Road -about 168.6 feet to an iron pipe marking the intersection of the westerly line of Campbell Avenue and the northeasterly line of Brookfield Road; Thence north 15 degrees 15 minutes east, 115.2 feet along the westerly: line of Campbell Avenue to an iron pipe; Thence southwesterly substantially along 'a hedgerow about 177 feet to an iron pipe C located north 79 degrees 25 minutes east, a distance of 35.5 feet from an iron pipe set in the northeasterly line of Brookfield Road; Thence north 12 degrees 21 minutes west, 187 feet to an iron pipe; Thence south 70 degrees 28 minutes west, , 17.9 feet to a pipe, Thence north 23 degrees 40 minutes west, 150.6 feet to an' iron pipe set in the bed of Hopkins Place; Thence continuing a short distance of approximately 10 feet to the original center- line of Hopkins Place measured as a 40-foot road; -Thence westerly along said original centerline of Hopkins Place about 60 feet to a point south 3 degrees 30 minutes east of an iron pipe 'set in, th`e' northerly line of _ Hopkins Place; Thence north 3 degrees 30 minutes west,' 20 feet more or less, to said iron pipe in the northerly line of Hopkins Place; Thence north 3 degrees 30 minutes west '223 feet to the center of Williams Brook; Thence southwesterly along the center of' Williams Brook, 330 feet more or less, to the west line of military Lot No. 87; Approved by me this day of and designated Local Law # -1972. Carried BULLETIN BOARD: Alderman Boronkay reported that the Aldermen would like a bulletin board to be installed in their .meeting room. By Alderman.Boronkay: seconded by Alderman Barber RESOLVED, that the request of he Aldermen for, a bulletin board be referred to the Budget and Administration Committee. Carried v NEIGHBORHOOD FACILITIES GRANT: Alderman Nichols reported on the possibility of getting grants for the G. I. A. C. improvements. By Alderman Nichols: seconded by Alderman Wallace WHEREAS, Section 703 of the Housing and Urban 'Developnent Act of 1965 authorizes the making of grants of Federal funds to local public bodies or agencies to assist in financing the development cost of neighborhood facilities projects necessary for carrying out programs of community service; and WHEREAS, the City of Ithaca deems it necessary and 'in the public interest to provide certain facilities of the type contemplated in said Section 703 and to undertake a pro- ject with Federal Grant assistance, said project described as Greater Ithaca Activities Center Application for Neighborhood Facility Grant; and WHEREAS, it is recognized that the Federal contract for such financial assistance pursuant to said Section 703 will impose certain obligations and responsibilities upon the applicanp and will require among other things the provision of the local share of the cost, assurances that families or individuals displaced as a result of the development will be offered safe, .decent, and sanitary housing within their means, compliance with Federal labor standards, and compliance with Federal requirements relating to equal employment opportunity; 308 -11- December 6, 1972 NOW THEREFORE THE Common Couniil of the City of Ithaca resolves: That an application ori-behalf of the City of Ithaca be made 'to the Department of Housing and Urban Development for a grant under Section 703 of the Housing and Urban Development Act of 1965 in an amount equal to two--thirds of the development cost of the Neighborhood Facilities Project, such development cost now estimated ,to be $1,481,784, and that the Mayor is hereby authorized and directed to execute'and file such application. Carried E. 0. C. EMPLOYMENT: Alderman Nichols reported that E. 0. C. could hire young people out of school to train. She felt this could be utilized b`y the City, as they were looking for individuals to train as dog custodians. They would. be trained by S.P.C.A. , paid by E.O.C. at no cost to the City. G.I.A.C. LOCATION FOR MINI-POOL: As Alderman Slattery was unable to attend the meeting tonight there would be no action on this at this FEDERAL RENT SUPPLEMENT PROGRAtI: Alderman Nichols' rep'oz`t6az that the rents for low income could be subsidized by the Federal Government but would need a resolution by the local governing; body approving rent supplement payments':'" _By Alderman Nichols: seconded by Alderman Spano WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Dei�e�Yopient f ' authorized to enter into contracts to raake-rent supplement �''� pp payments to certain qual=Yfied'-dousing owners on behalf of qualified low-income families who are elderly, handicapped,'`S'isoiac'ed, victims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101"canno-t'be` made available to housing owners in certain localities unless the governing body of the locality has by resolution given approval for such participation in the Fede-`afi" libtie''8upplemerit 'Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Ithaca, New York, as Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in fH6 City of Ithaca, New York. Carried V AMENDATORY CAPITAL GRANT: Alderman Joties'rirepoYted that the Urban Renewal Agency-was filing for ail ,Amendatory Capital Grant for'`state"'assistanc�e and in 'order to do so must have* the approval of the Common Council. By Alderman Jones: seconded by Alderman Boronkay RESOLVED4: the!Common Council of the City of Ithaca, New York, hereby finds; Section 1. The following described area has been found to be a substandard and insanitary area appropriate for urban renewal and has been designated as an urban renewal area within the intent of the urban renewal laws of the state. BOUNDARY DESCRIPTION OF THE PROJECT I AREA Beginning at the intersection of the center-line of East State Street and the center- line of North Tioga Street; thence northerly along the center-Line of North Tioga Street to a po,1it 160 feet more or less north of the intersection of the center-line of North Tioga Street and East Seneca Street; thence easterly along the north line of the City of Ithaca property to the center-line of North Aurora Street; thence south along the center-line of North Aurora Street to the intersection of the center-line of North 'Aurora Street .and East Seneca Street; thence southeasterly along the center-line of Seneca Way to the intersection of the center-line of Seneca Way and East State Street; thence southwesterly along the center-line of East Green Street to the intersection of South Aurora Street and East Green Street; thence south along the center-line of South Aurora Street to the intersection of the center-line of South Aurora Street and the center-line of Six Mile Creek; thence southwesterly along the center-line of Six Mile` Cieek to the intersection of the center-line of Six Mile Creek aid the center"line of East Clinton Street; -12- December 6, 1972 thence westerly alongf ,the center-line of East Clinton Street to a 190 feet mo point r e cr less west of the intersection of the center-line of South Cayuga Street and the center--line of Clinton Street, which point is the southerly extention of the west property line of the property, now, or, fo.rnerly, owned by Gilbert F. Sturrock; thence north along the west property line of the property, now, or formerl Gilbert F. Sturrock to the south property line of the ro ert , Y' owned by by Edward T. and Mildred A. Akers; p p Y, now or formerly, owned along thence west the. south property line of the property, now, or formerly, owned b ' - Edward; T,- and 3ildred,A. Akers to the west property line of said property; y thence north alongthe west ,property line of the property, Edward T. and Mildred A. Akers to the south propertylineofotheoCity Right-of Way;by thence west 10 feet more or less along the south property line of the City Right-of-way to the. west property line of the City Right-of-Way; thence north along the west ;propert1y,l1ne .of the City of :Ithaca extended to -the centez,line of West Green Street; thence east along the center-line of Green Street to a oin © from the intersection of Ca p t 12(� feet 'more or less east � yoga Street an;d:;Green Street; thence north along the extension of the east building line of the building, now, or formerly, known as the New York State Electric and :Gas Corporation Building to the south property line of the property, now, or formerly, owned by F. A. Wilcox; t thence west along the south property line of the property, ?`+ F• A. Wilcox..to..the west property line of Said property; now, or formerly, owned by thence northerly along the west property line of the property, now, or formerly, owned ' by, F., A.; Wilcox extended to the center-line of East State Street; th? e east along the center-line of East State Street to the point of beginning. 0-7 Section 2. T he existence of said area is impairing -and arresting the sound rowth' And %�4 development of the municipality and is inimical to the public health, safety, 'tnotals and welfare of the inhabitants thereof and of the State. Section 3. An urban renewal plan has been prepared and approved for the said designated area. The municipal urban renewal agency has undertaken and is carrying out an urban renewal project in said area, hereinafter called the "project", as authorized by and to effectuate. the purposes of the Housing Act. of 1949 as amended and supplemented. Section 4. ,The undertaking and carrying Aut of•,.;the project is essential to the sound growth and development of the municipality and to the welfare of the inhabitants thereof. Section, 5 It is necessary and in the public interest that the municipal urban renewal agency avail itself of the financial assistance provided by the urban renewal assistance l,aw§.,of the state for the purpose of carrying out the project. Section ,6. The municipality hereby expresses its intent and recognizes its responsibility to do.;whatever is necessary or appropriate-;to assist the Ithaca Urban `Renewal Agency ,to carry out the project. Section7,. Edward J. Conley, Mayor of the-,City of Ithaca, is hereby authorized to execute a First Amendatory State Capital Grant Contract among:-the State of New=Ydrkcthe City of Ithaca .and �the Ithaca Urban Renewal Agency' in an :additional amount of $334;x250 which ` toget;her;with the grant heretofore made. of $584,265 is not to exceed the' suoa of $918,515, to assist in carrying out project activities, a copy of which is attached hereto. BOARDMAN HOUSE: Alderman Jones rer:)rted .that the Planning Board requested the Clerk to acknowledge the letter received from Helen Jacobs in regard to Boardman House. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the City Clerk acknowledge the letter written by Helen Jacobs in regards to Boardman House and to thank her for her interest. F Carried -13- December 6, 1972 =' �� DICKENS PROPERTY: Alderman Jones reported that the Planning Board had recommended against the purchase of the Dickens Porperty at their meeting of November 21, 1972. By Alderman Jones: seconded by Alderman Spencer RESOLVED,fliat the Planning Board recommends against the City's purchase of the Dickens property at this time unless the City Attorney can apprise the Council of some heretofore unknown factors. After some discussion on this, By Alderman Barber: seconded by Alderman Rundle RESOLVED, that the Planning Board's recommendation be tabled. AYES: 4 NAYS: 9 Tabling motion defeated ABSENT: 1 A vote was then taken on the original motion and resulted in the following: AYES: 9 NAYS: 4 Carried ABSENT: 1 TOPOGRAPHICAL STUDY: By Alderman Jones: seconded by Alderman Spencer U- WHEREAS, it is in the best interest of the City to have a complete topographical survey of the Central Business district, NOW THEREFORE BE IT RESOLVED, that the Council requests the Superintendent of Public Works to execute said study, doing as much of the work within his department as possible, and BE IT FURTHER RESOLVED, that if a portion of the survey cannot be done by the department that Council be asked to consider funding said portion, and BE IT FURTHER RESOLVED, that the topographical survey be ready for u9e by April 1, 1973. r. Carried �: .. SALARIES OF ALDERMEN: Alderman Schmidt reported that he had discovered that the Aldermen could not raise their salaries while in office without going to a referendum By Alderman Schmidt: seconded by Alderman Gutenberger RESOLVED, that the item of salaries of Aldermen be removed from the agenda until a later date. Carried A SEATING ARRANGEMENTS: Alderman Rundle reported that the Aldermen would like a change in V4 the seating arrangements they now have. By Alderman Rundle: seconded by Alderman Meyer RESOLVED, that the City Clerk formulate a new seating arrangement by January 1, 1973. Carried STEWART PARK: Alderman Saccucci reported that it was a shame to have the beauty of Stewart Park without taking advantage of it. He felt that 3 or 4 Pan-a-Viewers on the North Side of the park would help to show the people the natural beauty of the park. By Alderman Saccucci: seconded by Alderman Schmidt RESOLVED, that the idea of having three or four Pan-a-Viewers located on the North side of Stewart Park be referred to the Common Council Committee of the Board of Public Works. Carried SALTY DOG: Alderman Saccucci reported that he was still getting complaints of the noise coming from the Salty Dog. Mayor Conley informed him that he had contacted the Chief of Police on this and they had not had any complaints since summer. ITHACA HOUSING AUTHORITY: Alderman Nichols reported that she had received a letter from H.U.D. stating that they were expecting the local authorities to pick up the costs on the low income housing if they operated in the red due to mismanagement. She felt that we did not have to worry about this as the Ithaca Housing Authority was operating within their means and also had a surplus. On motion the meeting was adjourned at 11:20 p.m. Robert G. Grey, Deputy City Clerk Edward J. Conley, Mayor COM40N COUNCIL PROCEEDINGS 0 . CITY OF ITHACA, NEW YORK. Special Meeting 7:30 p.m. .December 20, 1972 PRESENT: Mayor - Conley Aldermen (14) - Meyer, Nichols, Jones, Boroukay, Spencer, Henderson, Barber, Saccucci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano OTHERS PRESENT: Attorney - Gersh Police Chief - Hereon ` Controller . Daley Urban Renewal Director - Brown Supt. of' Public Works - Dingman Fire'-thief - Weaver Youth Bureau Director - Cutia Building Commissioner - Jones Alderman-Elect - Stein Deputy City Clerk - Grey Mayor Conley announced that this special meeting was for the purpose of adopting the Tentatb,re Budget for 1973, and other related items. MINUTES: Alderman Nichols protested that the minutes of December 6, 1972, contained :six mistakes and wanted to rectify them. Mayor Conley asked that this be held up until OC the executive session. Some discussion revolved around the minutes. Suggestion was made td use a recording machine that the Ci O ty had to see if this would help. Mayor Conley said they W6414 look into this. G� 1973 BUDGET: Copies of the 1973 Tentative Budget have been distributed to all of the Aldermen. it' As some of the Aldermen lead forgotten theirs and no extra copies were availableR was decided to leave this item until later. AUDIT: Alderman Rundle presented the audit in the amount of $3,962.45 By Alderman Rundle: seconded by Alderman Jones RESbtVkD`; that the bills audited and approved by the Budget and Administration Committee in 'the rtotal` amount of $3,962.45 as listed on audit abstract #12-1972 be approved for payment. After some discussion in regards to copies not being distributed to the Aldermen the motion was withdrawn and copies of the audit were passed around to- the Aldermen for their consideration. BUDGET TRANSFERS: By Alderman Rundle: seconded by Alderman Barber RESOLVED,' that the following transfer of funds in the Fire Department be approved as reo'amirided by the Budget and Administration Committee Amount : $38.75 From . Personal-:S.ervices - A3410-101 To . Office Supplies - A3410-310 Purpose: Supplies required prior to January 1, 1973. Carried RESOLVED, that the following transfers of funds in the Department of Public Works be apjibved as recommended by the Budget and Administration Committee: ,mount $110.00 From a Office Supplies - A1490-310 To Office Equipment - A1490-220 Purpose: Require inclusion in 1972 approved equipment list. Carried By Al��a`rman Rundle: seconded by Alderman Scheidt RESOLVED'. that the transfer of funds in the Water & Sewer Division be approved as recommended by the Budget and Administration Committee. Amount $1,500.00 From Water Contingency - F1900 To Water Street Improvements - F9550 Purpose: . Work exceeded original estimate. Carried AUDIT AND TRANSFERS: By Alderman Rundle: seconded by Alderman Barber .. RESOLVED, that the Budget and Administration Committee and Controller be empowered to approve and audit f.or ,.payment any final bills for 1972 as may require such action and to ma transfers within the 1972 budget appropriations as may be needed due to unforeseen circumstances at this time. Carried 3- 1 2 -2- December 20, 072 AUDIT: By Alderman Rundle: seconded by Alderman Slattery RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $3,962.45 as listed on Audit Abstract #12-1972 be approved for payment. Carried "^^71VE BUDGET: Alderman Rundle presented the Tentative Budget and turned it over to Controller Daley, who reported that the budget was up over last year by approximately $300,000.00. He showed the breakdown of the various increases and e�piained each one, Total amount of the Tentative Budget is $6,727,523.00. After some discussion on*Zl Tentatiy(e;Jjudget and discussion of the department heads reviewing their budgets , 3; AlderujaA-Barber: - seconded by Alderman Saccucci P,A PLVED, 7thztt the Tentative Budget be tabled untie. December 27, 1912, at 7:30 p.m- Carried ✓ D014NTOW DEVEIDPHENT: Mayor Conley announced-!that at- its next meeting he hoped to have the prices on the downtown development. The plans were in and the prices are forthcoming. He will be calling an informational meeting and, present 'the plans and prices.' -He felt that all. persons interested in this project should attend. Mayor Conley reported that Puhlic .Hearings should be held on ,January 3, 1973; to' take care of this. Urban Renewal has advertised at-this time for their Public Hearing and it would be in order for the Council to set the, date for the City. By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that a Public Hearing will be held on January-,3, 1973, .at 7:30. p.m. in the7 �' Common Council Chambers to consider the following:' ' 1. The closing of the 200 Block of South Tioga St. 2. Sale of City-owned land to the New York State Urban Deyelopment .Corporation. 3. Sale of Urban Renewal Agency land to New York State Urban Development Corporation, Carried s W4RDS AND BOUNDARIES: Alderman Slattery reported that the Wards and Boundaries had been set :and new District lines within the Ward Boundaries should also be set. By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, that a Public Hearing be held on December 27, 1972, for the purpose.of setting new District lines in the Wards. After much discussion on this the motion waj withdrawn on the advise of the City Attorney,. REAPPORTION*'Z'?JT: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that a Public Hearing on the City reapportionment be held on January 3, 1973, for the purpose of change in Ward Boundaries and the staggered terns of Aldermen. AYES: 12 Carried NQYS.:- 2 - Nichols, Barber DOG ORDINANCE`: Alderman Boronkay reported that the dog dinance had been turned delayed byo Council request. Attorney Gersh reported that copies of the ordinance Judge Clynes and Prosecutor Paul Tavelli for their comments. It was hoped that it would be ready for presentation on the December 27, 1972, meeting. DEFINITION OF FAMILY: Alderman Boronkay reported that tha'definition of family referred back:t:o the Charter and Ordinance Committee for study was in the Zoning Code and the Housing Code. He recommended that this item be temoved fro, the agenda. By Alderman Boronkay: seconded by Alderman Nichols RESOLVED, that the item of family referred to the Charter and Ordinance Committee be removed from the agenda. & be referred to the Municipal Consultants as the first Carried item to be undertaken. NORTHEAST BOUNDARIES: Mayor Conley reported that he had conducted a. Publ.ic Hearing on th Northeast Boundaries and nobody had appeared and he had signed this into law. COMMITTEE STANDINGS: Alderman Rundle requested the Mayor to accounce his Committee Standings for 1973. Mayor Conley reported that he intended to do so at the January 3rd meeting. SALTY DOG: Mayor Conley reported that he had personally signed complaint against the Salty Dog as to noise and had filed it with the Department. 1s -3- December 20, 1972 T4L R. ,. t deriaarF $g vexy �itg�ccucai csepd ted,..that:the bus tour-of, two wee is lBUS and,,vi shied vl:to;�_.thank the staff!�pf thb 7fdpartment of Public .Workks; fdr the took;' By Alderman S.accucci: seconded by,­Alderman: Barber, RESOLVED, that this Common Council go on record as thanking the Superintendent and his staff for the bus tour that they conducted on December 9, 1972. Carried COMMUNICATIONS: Mayor Conley announced that !he' was asking the Clerk to read'.all of_.the : Communications that :hel had• received;-to dates > POLICE BENEVOLENT ASSOCIATION: The Clerk rehd a= lettei� fvom 'the P.B.A''s attorney, Fred Weinstein, protesting the wage increases for Captains as this was in violation of the agreement signed with the City. By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, that the letter from the P.B.A. be discussed in executive session. Carried INTERNATIONAL ASSOCIATION OF FIREFIGHTERS: The Clerk read a letter from Fire Chief Weaver where he had received a grievance from Local 737 regarding Lt. Nybergs salary, By Alderman Rundle: seconded by Alderman Slattery �• RESOLVED, thatthe letter from Fire Chief Weaver in regards to a grievance of Lt. Nybergs JO salary be referred to the Budget and Administration Committee. arrxe d.. . CORNELL UNIVERSITY HUMAN ECOLOGY: The Clerk read a- letter from May Winter Ass t. thanking the City for their co-operation in their stud of y ' professor, y private and public agencies services for residential environments. A. ,B. DICK CO: The Clerk read a letter from Richard Hirlemann, protesting the purchase of a Gestetner mimeograph machine without going to bid. Attonney Gersh reminded the Council that the law specifies they do not have to go to bid unless the mount is over $1,500.00 By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that the letter from the A. B. Dick Co. be referred to the Budget and Administration Committee. Carried TOMPKINS COUNTY VOLUNTEER CENTER: The Clerk read a letter from the Tompkins County Volunteer Center requesting a grant of $3,000.00 from the City so that it may continue to provide their services to the community. This is one half of their required budget. By Alderman Rundle: seconded by Alderman Boronkay RESOLVED, that the request from the Tompkins Cw=ty Volunteer Center be referred to the Budget and Administration Committee. Carried CITY COURT HOURS: The Clerk read a letter from Judge Zellar setting the hours of the City Court of Ithaca commencing with January 1, 1973. Mayor Conley declared a recess of five minutes at which time they would reconvene into executive session. EXECUTIVE SESSION: GLEN BODA: Superintendent Dingman and Building Commissioner Jones discussed the problem of granting sick leave for Glen Boda. Common Council passed a resolution granting leave of abssence through March 31, 1973. P. B. A. DISPUTE: Attorney Gersh informed Council that the grievance procedure had not been followed and .so would inform Attorney Weinstein. FULL TIME CITY ATTORNEY: Attorney Gersh recoratDeuded a full time City Attorney due to the work load of .t a City Attorney. . Committee will study this recommendation. NEGOTIATIONS: Charles Weaver reported on the status of the negotiating committee, with the unions. The Board of Public Works represents the City, rather than the Common Council. CITY CLERK: . Discussion was had in regards to the City Clerk. COUNCIL RETURNED TO OPEN SESSION: 314 -4- Deamlibew 204, 1972 LABOMR9rUNION, LOCAL #589: By Alderman Rundle: seconded by Alderman Barber RESOLVED, that the two-year agreement between the City and Laborer's Union, I,ocal #589, Y'' effecfi�t January 1, 1973; tor the years 1973 and 1974 be approved as> recommeaded 'by the City's Negotiating Committee; and that the Mayor and Deputy City Clerk- be authorized to sign and execute it on behalf of the City under its Corporate Seal. Copy attached td'minutes. Carried BARGAINING AGENTS: . By Alderman Rundle: seconded by Alderman Barber S LV , efizit this-'Common Council agrees to continue the terms and conditions of employment for City employees, represented by selected bargaining agents, after January 1, 1973, as though their respective 1972 agreements,, remained ,4n effect after such dace. Carried t =' Robert G. Grey, DeFuty City Clerk Edward onley, yor ti kilo! AI i t- 589 This agreement proposes the following changes from the current contracts 1. Promotions N 2 All vacancies above the grade of laborer shall be conspicuously posted within 5 days upon knowledge of such opening. (within 5 days replaces "immediately") Upon promotion an employee shall receive the minimum pay for the new position, but not less than four percent increase over his old pay. 2. IX Rate of Compensation That minimum for each grade be increased 3 percent. That pay of all employed December 31, 1972 be increased by 5.5% based upon 1972 pay. 3. Hours of work week range from 42 hours to 50 hours per week. 4. Add to Emergency Leave four hours to attend the funeral of grand- parents, grandchildren, aunts, uncles and to be an active pallbearer. 5. An employee who works above grade for more than two consecutive days shall receive pay for the new grade while so assigned. 1974 1. To add the 3rd Monday in February and the 2nd Monday in October to the paid holidays. 2. Effective January 1974 add 751 to retirement benefits. If not, 4 percent across the board salary increase. (Labor) WORKING AGREEMENT The City of Ithaca, New York, and. Local Union 5890 Ithaca, New York, of the Laborers' International Union of North America, representing employees covered by this Agreement, referred to hereinafter as the Union, do hereby reach agreement for the purpose of en- hancing the material conditions of the employees, to promote the general efficiency of the City of Ithaca, hereinafter referred to as the City, to eliminate as far as possible political considerations from hiring policy and to promote the morale, well-being and security of employees. ARTICLE I - RECOGNITION 1, The City of Ithaca recognized the Union in accordance with the resolution adopted by the Common Council on October 3, 1972 as the employee organization designated by the employees for the purpose of negotiating collectively for hourly rated employees through the grade of foreman. The recognition granted to the Union shall be comparable to ex- clusive recognition and recognition shall continue until December 31, 1974. 2. The City will advise all new hourly employees that they are being represented by the Laborers' Local Union ,#589. ********** ARTICLE II - UNION-MANAGEMENT RELATIONS All negotiations with respect to wages and working conditions shall be conducted by " authorized representatives of the Union and authorized representatives of the City during regular working hours or may be scheduled outside regular working hours upon mutual agreement of both parties. The Union Negotiating Committee shall consist of 3 City em- ployees. Union and City may bring advisors, as deemed necessary to the meetings. ********** ARTICLE III - CHECK-OFF DUES The City agrees to deduct from the paycheck of each employee who has signed an authorized payroll deduction card, the amount certified by the Secretary of the Union as Union dues. Deductions will be made weekly and the total dues will be delivered to the Secretary monthly. Authorizations shall not terminate while the employee is covered by the agreement. - 2 - (Labor) ARTICLE IV - SENIORITY 1. Seniority according to this Agreement shall consist of the accumulated paid service of the employee with the City. The employee's earned seniority shall not be lost because of absence due to illness, authorized leaves of absence or temporary lay-off. Seniority lists shall be brought up to date once a year on January 1. The list shall be posted in a conspicuous place and a copy shall be sent to the Secretary of the Union. 2. Promotions--A promotion to a higher job classification shall be according to merit and seniority, whenever two or more employees are rated equal qualifications for promotions, the employee with the highest seniority shall be promoted. The City shall notify the Union of all promotions or of their intention of hiring anyone at a grade above the classification of laborer. All grievances will be settled under the Grievance Procedure set forth in this Agreement. In determining seniority for a promotion, overall length of paid service with the City shall govern. All vacancies above the grade of laborer shall conspicuously be posted within five days upon knowledge of such opening. Upon promotion an employee shall receive the minimum pay for the new position, but not less than four percent increase over his old pay. 3. Layoffs--When it becomes necessary to reduce the work force, layoffs shall be according to seniority. When the City considers scheduling a layoff, the matter shall first be submitted to the Union for negotiation so that an orderly and acceptable process lmay be obtained. The application of seniority shall prevail, unless exceptional cir- cumstances occur to which the Union shall be fully apprised in advance. ********** ARTICLE V - DISMISSALS The City agrees that no one employee shall be dismissed except for cause. Should the Union present a grievance in connection with a dismissal, the grievance shall be reviewed under the Grievance Procedure set forth in this Agreement. No Union officer or steward shall be dismissed until such dismissal shall have been submitted to the Grievance Procedure, All Union Stewards shall be allowed to consult with supervisory employees concerning grievances on City time. - 3 - (Labor) ARTICLE VI - GRIEVANCE PROCEDURE 1. In accordance with the cooperative spirit with which this agreement is made between the Union and the City, is the sense of fairness and justice brought by the parties of the adjudication of employee grievances. Should an employee feel that his rights and, or, privileges under this Agreement have been violated, he shall consult with his steward. The aggrieved employee and his steward shall within 5 days of the date the grievance occurred, present the facts to the employee's supervisor. Within 5 days thereafter the supervisor shall submit his answer in writing to the steward and the aggrieved employee. 2. Should the Union decide that the supervisor's answer is unsatisfactory, the Union Grievance Committee shall within 5 days submit the facts in writing to the Superintendent. The Superintendent within 5 days shall reply to the Union in writing his decision. 3. Should the Union decide the decision of the Superintendent is not satisfactory, the Union shall submit in writing the facts to the Beard of Public Works for a hearing. The hearing may be conducted by no less than 3 members of the Finance Committee of the Board of Public Works and the Mayor. The final decision must be supported by a majority of the Board members. If either party is dissatisfied with the decision of the Board, the unsettled issued may be referred by either party to be resolved through arbitration. 4. Arbitration--Any dispute or grievance arising out of, or relating to, this Agreement may be submitted to arbitration. The Arbitration Committee shall consist of three persons, one chosen by the Board of Public Works, one chosen by the Union, and one to be chosen by the two selected by the Union and the Board of Public Works. The City and the Union agree that the recommendations of the arbitrators shall be final and binding and are to be acted upon immediately. ARTICLE VII - HOLIDAYS In 1973 holidays with pay at the regular hourly rate shall bet New Years Day, Memorial Day, Fourth of July, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day, and each employee shall celebrate his birthday as a holiday. In 197+ holidays with pay at the regular hourly rate shall be: New Years Day, the Third Monday in February, Memorial Day, Fourth of July, Labor Day, the second Monday in October, Veterans' Day, Thanksgiving Day, and Christmas Day, and each employee shall celebrate his birthday as a holiday. Should any employee be called to work on one of these days, he shall be paid at a rate of time and one-half in addition to his regular holiday pay, provided he has been credited with a standard work week. Should any of these days fall on a Saturday or Sunday, the following Monday shall be considered the holiday. This article shall apply to all permanent employees regardless of length of service. - 4 - (Labor) ARTICLE VIII - VACATIONS The City agrees that any permanent or provisional employee shall receive vacation with pay as followss 1. Employees who have worked 12 months shall receive one standard work week with pay* 2. Employees who have worked 24 months shall receive two standard work weeks with pay* 3. Employees who have worked 10 years shall receive three standard work weeks with pay* 4. Employees with more than 10 years shall receive one additional day for each two years served, up to 20 years, to a total of four weeks vacation with pay. 5. Vacation shall be accumulative, if earned vacation is not made available by the City during the year. Vacation will be scheduled by Superintendent. 6. Holidays occurring during vacation shall not be charged as vacation time. 7. Vacation shall be scheduled by the Superintendent. It shall be credited on the employeess anniversary date, and taken in year credited. 8. Employees shall not be required to return to work during vacation. 9. Unscheduled absence from work may not be charged to vacation time without the consent of the Superintendent. - 5 - ARTICLE IX - RATE OF COMPENSATION The rate of pay for 1973 for employees covered by this agreement shall be increased by 5.5% based on the employee's rate of pay as of December 31, 1972. The minimums for job title and grade starting January 1, 1973 shall be as follows: Title Grade Minimum Laborer I 21 2.50 Laborer II 22 2.60 Laborer III 23 2.69 Water and Sewer Maintenance Man 23 2.69 Maintenance Man 23 2.69 Maintainer 25 2.88 Water Meter Service Man 25 2.88 Truck Driver 26 2.99 Bus Driver 27 3.10 Motor Equipment Operator 28 3.21 Tree Trimmer 28 3.21 Auto Mechanic 28 3.21 Equipment Mechanic 28 3.21 Grounds Foreman 30 3.47 Working Foreman 31 3.61 Carpenter 31 3.61 Water Maintenance Foreman 31 3.61 Sewer Maintenance Foreman 31 3.61 General Maintenance Foreman 31 3.61 Water Meter Foreman 31 3.61 Auto Mechanic Foreman 31 3.61 Streets and Sanitation Foreman 31 3.61 - 6 - ARTICLE X - HOURS OF DAY AND WORK WEEK The present rules of the Board of Public Works and the Code of the City of Ithaca shall govern the number of hours per day which an employee will be required to work and the number of hours per week he shall be required to work before overtime rates become effective. The standard work week shall be 40 hours for all employees covered by this contract, except the following positions, which will have standard work weeks as follows: 1. Auto Mechanic in the Water and Sewer Division 45� hours 2. Auto Mechanic Foreman in the Water and Sewer Division 451 of 3. Auto Mechanic in Const. & Maint. Div. (Day Shift)(2 men) 44 It 4, Auto Mechanic Foreman in Const. & Maint. Division 44 it 5. Bus Drivers (Route 1 & 4) 43 It 6, Bus Driver (Route 2) 43 7. Bus Driver (Route 3) 43-y' �r 8. Bus Driver (Break Relief I) 422 9. Bus Driver (Break Relief II) 42 It 10. Bus Driver (Daily Relief) 422 it 11. Maintenance Man (Transit Division) 46 It 12. Laborer (Truck Washer) in Water & Sewer Division 50 Shift differential 10:30 to Midnight - 5¢ per hour. Shift differential Midnight to 7:00 a.m. - 10¢ per hour. All time worked in excess of the standard work week shall be paid at the rate of time and one-half. Employees required to work in emergency situations on Sundays and Holidays shall be guaranteed a minimum of four hours pay at time and one-half. All Sanitation workers are to be guaranteed 40 hours per week plus time and one-half for all Saturdays and Holidays. This Article may be opened for re-negotiation during the term of the agreement at the request of either party. ********** - 7 - ARTICLE XI - EMPLOYEE BENEFIT PLANS The City will continue to pay the entire premium for the health benefits now provided. Upon completion of three months employment an employee shall become eligible to make application for health insurance. Such coverage shall become effective as soon thereafter as is practicable and shall continue during authorized leaves of absence of no more than three months duration. During 1973 all employees covered by this agreement shall be included in the fully noncontributory retirement plan, with benefits retroactive to 1938, known as the 1/60th Retirement Plan of the New York State Employees Retirement System, Effective January 19 1974 if the Non-contributory Improved 1120 Year Career" Plan (Section 751) is available the City agrees to provide this plan to employees covered by this Agreement. If said plan is not available the City will increase the pay of all employees under the agreement by increasing their pay by 4% based upon the pay December 31, 1973. - 8 - ARTICLE XII - SICK LEAVE AND PERSONAL MEDICAL LEAVE 1. Sick leave shall accumulate at the rate of eight hours per month beginning with the date of employment and reaching a maximum accumulation of 1200 hours. It shall be credited annually on the anniversary date of the employee. The City agrees to provide sick leave for personal medical related reasons, provided the employee has accumulated a minimum of 160 hours sick leave. This time may be taken with a maximum of 4 hours limit. In computing the hours of work for the application of sick leave, the standard work week shall apply. In other words, an employee shall receive pay for sick leave for the same number of hours per week as he is required to work under his standard work week. 2. Emergency leaves The Superintendent will have the sole responsibility for administering the provisions of emergency leave. When there is a death in his immediate family or in the immediate family of his spouse, an employee will be allowed a leave of absence with pay up to a maximum of three calendar days. Time lost from work will not be charged. against leave accumula- tions. This policy applies to all employees except those serving temporary, seasonal or limited. The immediate family is defined ass The spouse, parent, child, brother, or sister of the employee or the parent, child, brother or sister of the spouse. It shall apply also to any other relatives living in the same household. The request for emergency leave must be made as soon as possible. Emergency leave may be extended to one calendar week at the discretion of the Superintendent. 3. All 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 of extended health insurance coverage of the same type and coverage in effect at the time of the employee's retirement. This amount is to be limited to $3000.00. 4. Not withstanding any of the above benefits, an employee who has three absences on the same day of the week within a two-month period will be considered to be abusing his sick leave benefit and will be so notified in writing by his supervisor. An addi- tional absence on the same day of the week within the month following the notice may result in loss of pay for the absence. 5. It is further agreed that an employee must notify his supervisor prior to the regular start of his shift (usually 7 a.m.) or no payment will be made as a sick leave benefit. One call on the first day of illness will be sufficient notice until the em- ployee returns to work. An employee who works an odd schedule must notify his super- visor in time to allow re-scheduling to cover his absence. The request for emergency leave must be made as soon as possible. Emergency leave of four hours to attend the funeral of grandparents, grandchildren, aunts and uncles and to be active pallbearers shall be allowed. - 9 - ARTICLE XIII - WORKING ABOVE CLASSIFICATION When an employee covered by this agreement is required to work at a job classified for wages higher than his regular job for more than two consecutive days, his wages while in that classification, after the first two days, shall be the same as if he had been promoted. ********** ARTICLE XIV - MILEAGE REIMBURSEMENT Employees who are required to use their cars in the conduct of official City business shall be reimbursed at the rate of 12¢ per mile for "In City Driving" and at the rate of 10¢ per mile for all other mileage. "In City Driving" shall include travel within established water districts for Water Meter readers. ********** ARTICLE XV - EFFECTIVE DATE This Agreement must be authorized by the Union and signed by its Secretary, President and Business Manager and authorized by the Common Council of the City of Ithaca and signed by the Mayor and Clerk of the City. The effective date is January 1, 1973- Termination: This contract shall terminate on December 31, 1974, unless it shall have automatically renewed as provided for under "Renewal." Renewal: This Contract shall renew automatically for the period of one full year unless either party shall have notified the other in writing during the month of September, preceding the next automatic renewal, that they wish to re-open the contract for negotia- tion. This Contract shall expire on December 31, 1974 or any subsequent year on which either party has notified the other as provided. herein that they desire to re-open negotiations. - 10 - IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISIONS OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AM0MENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRAITE LEGISLATIVE BODY HAS GIVEN APPROVAL. Agreement by Negotiators: 1� ti" Chairman, City of Ithaca. ChairmanVLocal 589 ********** CITY OF ITHACA ATTEST: !`x M r City CUAE ,r 1 LABORERS' INTERNATIONAL UNION OF NORTH AMERICA - LOCAL 589 Local President Union Secretary usiness Manag ********** COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. December 27, 1972 PRESENT: Mayor - Conley Aldermen (12) - Jones, Boronkay, Spencer, Barber, Saccucci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano, Meyer ABSENT SENT (2) - Nichols, Henderson OTHERS PRESENT: Attorney - Gersh Public Works Commissioner - Golder Controller - Daley Fire Chief - Weaver Assistant Controller - Spano Police Chief - Nerson Building Commissioner - Jones Urban Renewal Director - B Planning Director - Meigs Deputy City Clerk - Grey Mayor Conley announced that he had called this meeting for the purpose of adopting the tentative budget for 1973 and any other business that might come before the cquncil, along with an informational discussion of the Downtoft levelopment. TENTATIVE BUDGET: By Alderman Rundle: seconded by Alderman Schmidt «� RESOLVED, That the tentative budget for 1973 of the General Fund, Water Fund and the Sewer Fund be removed from the table. Carried �Y By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, That the 1973 tentative budget fcr the General Fund, Water Fund and the Sewer Fund in the gross total amount of $6,727,523.00 as presented and recommended for adoption by the Budget and Administration Committee be and it hereby is approved and ratified in all respects for the year 1973. (Copy attached to minutes). Carried :t TRANSFERS: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, That the attached sheet of transfers of funds be approved as recommended by the Budget and Administration Committee. (Copy attd to minutes). Carried AUDIT: By Alderman Rundle: seconded by Alderman Jones RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $7,466.89 as listed on Audit Abstract #13-1972 be approved for payment. 0firied A.B. DICK MACHINE: Alderman Rundle reported that in response to Mr. Hirleman`s letter addressed to the Mayor and Common Council, the Finance Department will invite A. B. Dick and other vendors to provide mimeograph machines for one week trials and to discuss the needs fir said equipment with the department. FIREFIGHTERS GRIEVANCE: Alderman Rundle reported that the Budget and Administration Committee had reviewed the grievance and will discuss the matter with Legal Council prior to submitting a recommendation. DEPUTY CITY CLERK: By Alderman Rundle: seconded by Alderman Barber RESOLVED, That Robert G. Grey, Deputy City Clerk, be compensated for his work as City Clerk based on $12,000.00 per annum, retroactive from September 1, 1972, through December 31, 1972. Carried v' DOG ORDINANCE: Alderman Boronkay presented the new Dog Ordinance recommended by the Charter and Ordinance Committee. He reported on the various changes that had been made. Attorney Gersh reported that the forms for appearance had been left up to the City Judge. A sliding scale of fines was not used in order to keep the costs of keeping track of them down. Alderman Jones questioned the fact that this did not take into consideration dogs running loose at Cornell. She felt that the relationship of the Cornell land was the same as private land in the city. Attorney Gersh replied that the purpose of the Dog Ordinance was to control dogs but not on private land. Alderman Boronkay reported that there was nothing the city could do if the dogs were on private land. Mayor Conley suggested that a copy of the ordinance be sent to Cornell and ask them if they would follow our ordinance. By Alderman Boronkay: seconded by Alderman Schmidt -2- December 27, 1972 BE IT ORDAINED by the Common Council of the City of Ithaca, New York, and it is hereby ordained by authority of the same as follows: Section 1. Chapter 4, Article II of the Code of Ordinances of the City of Ithaca is repealed in its entirety and the following is substituted there- for. Article II. Dogs Section 4-12. This ordinance is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York and the Charter of the City of Ithaca. Its purpose shall be to promote the public health, safety and welfare of the community, including the protection and preservation of the property of the laity and its inhabitants, and of peace and good order, by regulating and controlling the activities of dogs within the City and providing for enforcement thereof. Section 4-13. Any person owning or harboring any dog in the City of Ithaca shall be in violation of this Article if such dog, whether or not tagged or licensed and whether or not muzzled: a. runs at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to control such dog; b. engages in habitual loud howling or barking or con- ducts itself in such a manner as to habitually annoy any person other than the person owning or harboring such dog; C. causes damage or destruction to property, or defecates, urinates or otherwise commits a nuisance upon the premises of a person other than the person owning or harborinrt . such dog; d. chases or otherwise harrasses any person in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury; e. habitually chases or barks at motor vehicles. Section 4-14. All peace officers in the City and all employees of any dog warden appointed by the Common Council shall administer and enforce the provisions of this Article, and for such purpose shall have the authority to issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law. Appearance tickets may require payment by mail of a designated fine or appearance in Ithaca City Court and shall be in such form as may be prescribed by the Judge of the Ithaca City Court. Section 4-15. Any person who observes a dog causing damage or destruction to property of a person other than its owner, or committing a nuisance upon the premises of a person other than its owner, may file a signed complaint, under oath, with the City Judge of the City of Ithaca specifying the objectionable conduct of the dog* the date thereof, the damage caused, a description of the dog and Vame and residence, if known, of the owner or other person harboring said dog. Section 4-16. Upon receipt by the City Judge of any complain against the conduct of any particular dog, the City Judge may summon the alleged owner or other person harboring said dog to appear in person before him; if the summons is disregarded, the City Judge may permit the filing of an information and issue a warrant for the arrest of such person. Section 4-17. In the event that any dog found to be in violation of this Article is owned by a person under 17 years of age, the head of the household in which caiA person resides shall be deemed to be the owner or person harboring such dog and responsible for the acts of said dog for purposes of this Article. Section 4-18. The fact that a dog is at large in the City of Ithaca elsewhere than on the premises of the owner or person harboring such dog shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person harboring the dog. Section 4-19. A violation of this Article shall constitute an offense and shall be punishable by a fine of not less than $10.00 nor more than $25.00 for each violation, or by imprisonment for a term not to exceed five days, for each violation. These, penalties shall be in addition to any other penalty provided by law. -3- December 27 9 1972 317 Section 4-20. If any section, paragraph, subdivision, clause, phrase or provision of this Article shall be judged invalid or held unconstitutional, it shall not affect the validity of this Article as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 4-21. This Article shall take effect upon publication. Carried OQDE OF DRESS: Alderman Boronkay presented a proposed addition and amendment to Section 8-59 of the Ithaca Code. By Alderman Boronkay: seconded by Alderman Rundle WOLVED, That Section 8-59 of the Ithaca.Code be amended as follows: Section 8-59. Uniforms, clothing for police--Designation. (a) . Uniforms designated. Items of uniforms shall consist of overcoats for beat men and motorcycle men, blouse or suit coat, trousers, raincoats, ,packets for prowl car operators, shirts ,and hats. A uniform for sergeants or patrolmen assigned to the detective division shall be 'a sport coat and trousers, or a suit of matching coat and trousers. An overcoat shall be an outer garment approved by the Chief of Police. Additional clothing and/or equipment may be assigned by the Chief of Police with the approval of the Public Safety Committee of the Common Council. (b) Badges and Insignia. All members of the Ithaca Police Department O shall carry a badge showing their departmental rank and number, said W badge to be displayed upon request under all.normal conditions. All outer garments worn by members of the Ithaca Police Department while on active duty shall be clearly marked with the member°s}last name firmly sewn or stencilled so as to be visible at ail tiaes,under all- conditions. Police Chief, Herson answered questions from the floor;in regards to the various aspects of the change. He said that the department policy. was to order name badges for all policemen. The police department adopted this policy but the city had not adopted it. He had asked for work coveralls in the 1973 budget and did not have any objections on names sewn on or stencilled on. He felt that the cost of doing the same on uniforms would be prohibitive and would cause problems in main- tenance. Alderman Boronkay felt that all uniform personnel in the city should have name tags and asked that the proposal be defeated and sent back to the Charter and Ordinance Committee. A roll call vote was requested and resulted in the following: AYES: (3) - Rundle, Saccucci, Meyer NAYS: (9) —Barber, Slattery, Wallace, Gutenberger, . Schmidt, Spano, Jones, Boronkay, Spencer Motion Defeated RECYCI I4G OF GLASS: Alderman Meyer reported that the Board of Public Works had requested the council to provide $1,100.00 in the budget to provide continuance of the glass recycling program. By Alderman Meyer: seconded by,Alderman Barber RESOLVED, That the Board of Public Works request for $1,100.00 to continue the `glass recycling program for the months of January and February, be 'referred- to tho- Budget and Administration Committee. a , Carried MINI-POOL: The clerk read a letter from Jonathan C. Meigs, Planning Director, who reported that the request referred to the Planning Board for a new location of the Northside.Mini-Pool had been acted upon by the Planning Board at its becguber 19, 1972, meeting with the following resolution: "That the Northside Min3-Pool, be re- located to the GIAC, and that the board and staff further consider plans and proposals for developing Conway Park, including closing adjacent streets, and report on these matters at the January meeting." By Alderman Jones: seconded by Alderman Boronkay. RESOLVED;' That the letter from the Planning Board in regard to the relocation of the Mini-Pool be referred to the Planning and Development Committee._ _Carried EMPLOYEE PARKING: The clerk read, a letter from Jonathan Meigs, the Planning Director, reporting that the Planning Board had passed the following resolution: "That %the Common Council and the Board of Public Works be asked to work out ,a method to alleviate the empoyee parking problem." It was reported that the City Hall employees who had to drive to work were unable to find parking which is accessible or cheap enough to be acceptable,wIthin the vicinity of City Hall. Mayor Conley felt that this was a matter for the negotiation committee to look into and asked that a copy of this be sent to Chief Weaver. -4- December 27, 1972 TENTATIVE BUDGET - ROBERT DINGMAN: The clerk read a letter from Robert 0. Dingman, Superintendent of Public Works, in regard to cuts of the budgets submitted by the Department of Public Works in the Building Commissioners Account, Construction and Maintenance Accounts, Parks and Forestry Division and other accounts in the General Fund. He also spoke on the Water and Sewer cuts in the tentative budget. Supt. Dingman asked that the cuts in the budget be restored so that the Department of Public Works could plan there 1973 programs. After some discus ion on the various cuts in budgets, By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the letter from the Superintendent of Public Works regarding budget cuts be referred to the Budget and Administration Committee. Carried CITY JAIL REPORT: The clerk read a letter from the State Commission of Correction on the report of city jail inspection. The repokt was very good and they recommended that CoaTe►ction Form CC-9 be maintained in the future. The clerk also read a letter from Chief Herson statina that he had put into operation the recommendation of the State Commission of Cop'oct the using of Form CC-9. 4Chiet Herson also stated that he had made this reeroActively to January 1972 and will maintain this form in the future. DOWNTOWN DEVE_ LOP.IENT: Mayor Conley at this time presented the City Parking Structure- to be built alcng East Green Street and also showed a model of the Downtown Development including Parking Structure, Rothschilds and the Caldwell project, Thie,_peeting was for informational purposes only as the final figures wet riot in as yet. Mayor Conley presented the following data in regard to the Parkitig,Sure: CIMPARKING STRUCTURE FACT SHEET ENT109 prom COMPRISES.-, A 0hrking structure for approximately 450 cars, a Rothschild's Department Store of approximately 90,000 square feet of retail space, and an enclosed retail shopping mall of approximately 60,000 square feet. + t On East Green Street between City Hall Md South Aurora Street. TIVE d1 CONSTRUCTION: Pre-cast concrete compt-lding two levels of ing built above one leWi of retail space. ESTIMATED9 TOTAL iELOPMENT COST FOR THE PARKING STRUCTURE: Approximately $2,000,000 ESTIMATED BASE CONSTRUCTION COST: $1,512,847 ESTIMATED OPIIDNAL CONSTRUCTION ALLOWANCES: $97,950 ESTIMATED CONSTRUCTION START: Early Spring, 1973 The project is being developed under the auspices of the New York State Urban Development Corporation in association with: The City of Ithaca, Edward Conley, Mayor The Ithaca Urban Renewal Agency, H. Stilwell Brown, Director Rothschild Brothers, James N. Rothschild, President Caldwell Development Corporation (Developer) Siegfried Construction Company, Inc. (general contractor) Warner, Burns, Toan & Lunde and Anton . J. Egner (architects) :After Mayor Conley had presented the Parking Garage Concept, he asked the council to bear in mind that the business agreements would be ready on January 3, 1973, and he would need authorization from the council to sign on behalf of the city. -5- December 27, 1972 JOHN SPENCER: By Alderman Slattery: seconded by Alderman Barber 'WHEREAS, John Spencer has faithfully served this Common Council as a representative of the Seventh Ward, and WHEREAS, This service was performed in a spirit of dedication and deNQcion NOW THEREFORE BE IT RESOLVED, That the Mayor and this-Common Council wishes to express its th4nks'4nd gratitude to 9ohn for- a• Job,ia611^done-and 'f urther'wishes him good health" and success in all his future endeavors, and BE IT FURTHER RESOLVED, That this resolution be` spread !upon the':, minutes of,this meeting and a copy°&e transmitted to John's family: Unanimously Carried- On motion the meeting was adjourned at 9:25 p.m. ol Robert 0. Grey, Deputy City Clerk Edward ,J., Conley, Mayor I > t. 320 COMMON COUN OCEEDINGS CITY OF IT NEW YORK Regular Meeting 7: 's . January 3, 1973 PRESENT: Mayor - Conley Aldermen (14) - Jones, Boronkay, Stein, Henderson, Barber, Saccucci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols OTHERS PRESENT: Attorney - Gersh Planning Director - M;eigs Fire Chief - Weaver Urban Renewal Director - Brown Police Chief - Herson Controller - Daley Asst. to Supt. - Dougherty Deputy City Clerk - Grey Building Commissioner - Jones Mayor Conley welcomed Bill Sherman with his Den #8 of Cub Pack 19. MINUTES: Alderman Schmidt reported that Local Law for changing number and boundaries was not shown on December 6, 1972, minutes. Alderman Nichols reported that Bruce Wilkins not Wilkinson was appointed Chairman of the Youth Bureau Advisory Committee, Dr. Knepper spoke on "Understanding the Young Rebels, and the minutes needed correction as to spelling and minor changes as to the quotations, etc. Alderman Boronkay reported that the item on page 5 should read both Local Laws laid on the table. By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That the minutes of November 29, December 6, and December 20, 1972, as amended be approved. Carried PUBLIC HEARING: The Dep. Clerk announced thoLt the two proposed Local Laws had beg#,,, laid on the table at the regular meeting of Common Council on December 6, 1972, ate'- that the proposed laws and this hearing had been duly published in the Ithaca Joutt on December 26, 1372. The Mayor then turned the chair over to Alderman Slattery. Aldgrman Slattery announced that this public hearing had been called by and was being held before Common Council. By Alderman Wallace: seconded by Alderman Jones r RESOLVED, That the public hearing on Local Laws for reapportionment be opened at this time. Carried Alderman Slattery pointed out that a map of the new wards was on display for all to examine. The City Attorney handed out copies of the Local Laws to members of the public. Alderman Slattery then presented the first proposed Local Law as follows: CITY OF ITHACA A Local Law Amending Section 14 of Chapter 503 of the Laws of 1908 of the State of New York, being the Charter of the City of Ithaca, Section 2-10 as codified, to provide a transitional procedure for election of aldermen from newly reapportioned w4so of the city. BE IT ENACTED by the Common Council of the City of Ithaca, as followq: Section 1. Section 14 of Chapter 503 of the Laws of 1908 (Section 2-M 4s co ffed), is hereby amended to create a new Section 14a, reading and providing as tats: a) For the limited purpose of effectuating a transition from seven wards in the city to five, as provided in the Local Law amending Section 3 (Section 1-3 as codified), the following procedure for the election of aldermen is hereby adopted: (1) All aldermen presently in office shall continue to hold office until the expiration of the terms for which they were elected. Nothing herein shall operate to reduce the term of any ald:rman now in office. 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