Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MN-CC-1973
320 COMMON COUrl- OCEEDINGS CITY OF IT NEW YORK Regular Meeting 7: `s . January 3, 1973 PRESENT: Mayor - Conley Aldermen (14) - Jones, Boronkay, Stein, Henderson, Barter, Saccucci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols OTHERS PRESENT: Attorney - Gersh Planning Director - Meigs 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. BINUTES: Alderman Schmidt reported that Local Law for changing number and boundaries was not shoran 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 Rebelsa and the minutes needed correction as to spelling and minor changes as to the quotations, etc. Aldervau 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 Novembet 29, December 6, and December 20, 1972, as amended be approved. Carried PUBLIC HEARING: The Dep. Clerk announced that the two proposed Local Laws had bet#, laid on the table at the regular meeting of Common Council on December 6, 1972, aisr, that the proposed laws and this hearing had been duly published in the Ithaca Joui! on December 26, 1972. The Mayor then turned the chair over to Alderman Slattery. Alderman Slattery announced that this public hearing had been called by and was being held before Common Council. By Alderman Wallace: seconded by Alderman Jones RESOLVED, That the public hearing on Local Laws for reapportionment be opene3 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 w4VO 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 2-10- 4s, cocfled), is hereby amended to create a new Section 14a, reading and providing at tolUve: 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 hurein shall operate to reduce the term of any ald=rman now in office. (2) at the general elections in 1973 and 1975, one alderman shall be elected from each of the five new ward, to hold office for a term of four years; 361 , ys -2- January 3, 1973 (3) thereafter in each odd-numbered year, one alderman shall be elected from each such new ward,• .in place; of the alderman whose term of office shall next thereafter expire, to hold office for a ie'm of -four years. ,Sec4on Z. This Local Law shall become effective forty-five days after its adoption an¢,is subject to a permissive referendum as provided, in Section 10 of the, Municipal Home Rule Law. `r 1 _A-1derman Slat'.teiY `then-` called 'far comments .,f meabers of'_,the public; MARCIA POTTLE. The clerk read a letter from Marcia Pottle opposing .tle Local'Laol.'- Her suggestion.,was, that. fiye. aldgrinep_elected iri 1973 be elcted to two-year terms, and that ten4 alderman be , Alectec;.s-imultaneousl.y in 1975. 4timi.taneous election of A e mete hh: advantage of future change to an odd number of aldq:rmen per- ;warc . SYI Vi�A,.Cs0„O.I�Tti,T ;sMs, Syyeo ; , i Gooding spoke against the Local Law and 'referred to Ms. Pottle.';s 1'ept*t_:-zj�at. -t that it was only applicable to the 1975 election, DR. ALVIN KNEPPEis Dr. Knepper spoke against the proposed Local Law as he felt that Alderman Nichols had raised some good points in her opposition. He did not feel that West Hill or thg Weiner projects had been taken into consideration for neighborhoods. d He suggested tNt ten alderman be elected, five for feur.years and five for two years. Lai Dr. Knepper alto.;felt that new laws and proposals should be posted qp a bulletin board';1Ai a City Hall so that they would be easily accessable to,;& parties. Alderman Nichols stated that as a change cannot be made. .l.,n restructuring the counciD until 1982 tie council should look into this aspect of it. _She felt that a more flexible government for the people would result in all aldermell,be A elected at the same time. Alderman Slattery then presented the second proposed :Local-,Law as follows: r CITY OF ITHACA A Local Law amending Section 3 and 3a of Chapter 503 of the Laws of 1908 of the Stateof"''' Aew York, being the Charter of the City of Ithaca (Sections 1-3 and 1-3.1 as codified) to change the number and bouadaries''of.`the wards in the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 3'of Chapi6r'503 of the Laws of 1908, Section 1-3 as codified, is hereby amended by recission of the present text and the substitution of the following: The said city slinll be' divided into five wands, respectively bounded and described as set forth iii the attached Schedule "A" :which is made a part hereof. Section 2. The present seven wards of the City, as,set forth at Section 3a of Chapter 503 of the Laws of 1908, Section 1-3.1 as codified, shall remain effective and shall i continue currently as such until December 31, 19751,f)q; the sole and limited purpose of continuing in office the aldermen elected from said (even wards until the expiration of their terms on December 31. 1975. For the -purpose of electing aldermen hereafter and for all other purposes except as provided in this Section, the five wards set forth in Section 1 hereinabove shall be applicable.' Section 3. 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. 3. 22 _ -3- January 3, 1973 WARD I Beginning at a monumpttt markfn$ the southwest corner of =the corporate limits of the City of Ithaca; also known as .the southwest corner of DeWitt Location ± r Thence due east along the s,¢uth line of the said corporation linitts fora distance of seventeen hundred and sev6Atyy-fWe feet more or less (1775' +) , to the center• fine of the former fight-of-way of the Delaware, Lackawanna and Western `Railroad Company, niw. I. high Valleyj, ailroad Company (66 feet in width) , which said right-of-way runs parallel with and irmediately ad joins and essterlg, right-of-way line of the now,or formerly' main line 4j�f `the Lehigh Valley Railroad Company; 1 Thence southwesterly along•'the aforesaid center,,line of .the right-AP-way to its,•.tinter-.,, . section with the former cent er. line of the Cayuga Inlet as it existed prior to construction of the Flood Relief Channel.,iu :1968°, Thence easterly and southerly along the former center line and co'ikinuing southerly and westerly along the exist*ng center line df Cayuga Inlet.ito its inters�edtionyw44 the center line of the said right-of-kidy of thd,Lehigh Valley Raihlroad, foxineNily the ,ri.ght-of- way of the Delaware, Lackawanna and Western Railroad Company; '; f , Thence along the center line of said Railroad right-of-way on'�a curve`to the left, and continuing along said center line in a northeasterly direction, "to 'its intersection with the south lln6 of DeWitt's location, being an easterly prolongation of the, first course; i)!1' Thence"westerly along the south line of DeWitt's location, being the former southern boundary of-the City of Ithaca a distance of eight hundred and eighty fhet more or less to its intersction with the southerly extension of the center line of 8buth ,Plain Street; Thence north along the center line of South Plain Street and its extension' and north Plain Street to its intersection with the cenrter line of Cascadilla Street; Thence east along the center ..line of Cascadirl,a"Stree,t to th'd cente i,Rg,of Cascadilla Creek. r i Thence northwesterly along the centerline of Cascadilla Creek to its intersection wi the center line of New York State Department of Transportation ,Route 1o, 13; . Thence northeasterly and northerly ,along the center line of naut.: tJ ;�13_ to its intersection with the westerly prolongation of north property line of Mi1 ary-.Lot Ninety-Four; ti=<;�� t , �, Thence along the westerly prolongation of the north line of Military Lot Ninety-Four to its intersection with the east line of North Cayuga Street; Thence northerly along the east line o_f Borth Cayuga $tree;t ands its extension.,to a: . point in the east line of the right-of-way of the Auburn branch-.,.of the Lehighi,'V`aljey Rail- road; Thence ,n cherry along said east line of the said Lehigh Valley rightiof-�wa� to a point in ,the; ct?'+h�i line of phe City of Ithaca; i l( } 1 Thepcq xqesjerlyllatuig §aid;noq- .here line of the City of Ithaca to a 'point on the west shore,_ f i Gay:uga Lake_-and running Thence southerly a distance of seventeen hundred and ten-ifeet more' or less to the mouth of the bxpg>, -.4hich- divides tbp property now owned by [carry and Helen D. Johnson on the north fiopthe�.pro pe y"o Candace H. Williams on the south Thence westerly one hundred and forty feet more or less up the center of the brook ti the east boundary of the right-of-way of the highway known as Taughannock Boulevard; Thence southerly along the east line of the right-of-way of Taughannock Boulevard as it now exists or may hereafter be relocated a distance: of fifteen hundred and twenty- three feet to the center of Williams Brook; Thence westerly sixty-six feet more or less to the east line of the right-of-way formerly of the Ithaca and Geneva division of the Lehigh Valley Railroad, now New York State Electric and Gas Company; 3 6 : -4- inuuary 3, 3.9}3 WARD I Thence southerly eleven hundred feet more or less to the north line of said lots ninety-two and ninety-four produced.; Thence west along the north line of said lots 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 located north 79 degrees 25 minutes east, a distance of 35.5 feet frog an iron pipe set in the northeasterly lint: 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; W Thence south 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 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 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 Brood., 330 feet more or less, to the west line of Military Lot No. 87; Thence south along the west line of Military Lot No. 87 and the west line of DeWitt's location to the point aad place of beginning. 324 n -5- 3, 19 WARD It 3- 6g inning at a'poini-;o' f. intersection -of the southorly extension of-the center line: of South Plain Street and the southerly property line of DeWitt's location; Thence due cast along the south line of DeWitt's location and its extension, to a point in the cast line of South'A!urora Street (known in the Town of Ithaca as Danby Road) ; The : e"outher'ly along'sa*id east line of the Danby Road 540 feet more or less .to .1 PC s e point on. the extension northwesterly of the cast line of 113 Coddington Road; Thence sputheasterly along said line of 113 Coddington Road and its extension, a distance of 360 feet more or-leAs 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 '.al.dAg4,said Ithaca College east line a distance of 650 feet more or less to a point; Thence easterly q distance of 630 feet more or less to a point on the line dividing ' "f t 4tifii--;Capal 1 lands now or formerly' 0 e ongo on the west from lands now or formerly of Gridley on the cast, 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 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 cast 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; q 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. eapt line of Hudson Street measured along the aforesaid south line; Thence due east along the prolongation of the south line of DeWitt's location- to its intersection ,with the center line of Six Mile Creek-, c. Thence along the center of Six Mile Creek, as it twists and turns, to the center line., .; of South Aurora�'S*treet; ' Thqnce northwesterly along the center line of South Aurora Street and continuing northerly along the center line of North'Aurora .'Sfreet 'to its intersection with the- center line of Marshall Street; Thence west along the center line of Marshall Street to the center line of North Cayuga Street; Thence south along the center line of North Cayuga Street to the center line of Cascadilla Street; Thence west along the center line of Cascadilla Street to the center line of North Plain Street; Thence south along the center line of North Plain Street and South Plain Street and its extension to the point and place of beginning. 32 -6- January 3, 1973 HARD III Beginning at a point in the south line of the City of Ithaca at its intersection with the center of Six Mile Creak; and running Thence easterly along the south line of the City of Ithaca a distance of 2,300 feet more or less, to a monument marking the southeast corner of said City of Ithaca; Thence northerly along the easterly line of the City of Ithaca a distance of 208 feet more or less, to the center of a raving; Thence northeasterly and along the center of the ravine, bein- also the boundary of the City of Ithaca, to the southwest line of the right-of-way formerly of the L.C. & N. Railroad; Thence northwesterly and along the southwest line of the E.C. & id. Railroad right-of- way, being also the boundary line of the City of Ithaca, 260 feet to the south line of lands of Cornell University; Thence west along the south line of lands of Cornell University and S. William Barnes, being also a boundary line of the City of Ithaca, a distance of about 1,050 feet to a point which is approximately 960 feet north of the said southeast corner of tha City of Ithaca; W Thence northerly along the eastern line of the City of Ithaca to the Hotta line of Military Lot 'No. Ninety-two which is the north line of the City of Ithaca; Thence west along the north line of the City of Ithaca to the center line of Triphammber Road; Thence southerly and westerly along the center line of Triphammer Road to the center line of Wait Avenue; Thence easterly and southerly along the center line of Wait Avenue to the center line of Thurston Avenue; Thence southerly along the center line of Thurston Avenue and across Fall Creek Bridge to the intersection of the center line of University Avenue; Thence westerly and southerly along the center line of University Avenue to the center line of West Avenue, a street on .the campus of Cornell University; Thence southerly along the center line of :lest Street to the center line of Campus Road, a Cornell University Street; Thence southeasterly along the center line of Campus Road to the center line of Stewart Avenue; Thence southerly along the center line of Stewart Avenue to the center line of Cascadilla Creek; Thence easterly along the center line of Cascadilla Creek, as it twists and turns,1 . to the center line of Central Avenue (a Cornell University Street); Thence southerly along the center line of Central Avenue and continuing southerly along, the center line of College Avenue to the center line of Mitchell Street; Thence southwesterly along the center lin of Hitchell Street to the center line of East State Street; Thence southeasterly along the center line of East State Street to the center line of Valentine Place; Thence southwesterly along the center line of Valentine Place to the center line of a private driveway across lands formerly of the City Hospital and more recently of Ithaca College; Thence along the center line of the aforesaid private driveway westerly and northwesterly to the center line of South Quarry Street having the intent to include the present buildings and residences on the south line of the driveway within the bounds of this ward; -7- 3ct�varg 3.,��T3' WARD III Thence westerly and southwesterly along tha center line South Quarry Street to the foot bridge crossing Six Hile Creak; Thence along the center line of the aforesaid foot bridge to the center line of Six Mile Creek; Thence southeasterly along the center line of Six Yule Creek as it twists and turns to the point and place of beginning. 327 -g- January 3, 1%73 WARD IV Beginning at the point of intersection of the canter line of South Aurora Street with the center line of Six Mile Creek; and running Thence easterly and southeasterly along the center line of Six Milo Creek to the center line of a foot bridge crossing the creek in the vicinity of South .quarry Street; Thence northeasterly along the center line of the foot bridge and its extension easterly to the center line of South Quarry Street; Thence northeasterly and easterly along the center line of South Quarry Street to the center line of a private driveway entering and crossing lands of the former city hospital and more recently of Ithaca College; Thence along the center line of the private driveway crossing the aforesaid city hospital property to the center line of Valentine P1ac�, being the intent to exclude from this ward the existing buildings and residences on the south side of the driveway; Thence northeasterly along the center line of Valentine Place to the center line of �. East State Street; +34 Q Thence northwesterly along the center line of East State Street to the center line of Mitchell Street; Thence northeasterly along the center line of Iriitchcll Street to the center line of College Avenue; Thence north along the center line of College Avenue and continuing northerly along the canter line of Central Avenue to the center line of Cascadilla Creek, Thence easterly along the center line of Cascadilla Creel: as it twists and turns to the center line of Stewart Avenue; Thence northerly along the center line of Stewart Avenue to the center line of Campus Road (a Cornell University Street) ; Thence northeasterly along the center line of Campus :cad to the center line of West Street (a Cornell University Street) ; Thence northerly along the center line of West Street to the center line of University Avenue; Thence wasterly and southwesterly along the center line of University Avenue to the easterly extension of the north property line of 302 University Avenue; Thence westerly along the north property line of 302 University Avenue and continuing along the north property line and its westerly extension of 301 Linn Street to the center line of Linn ,immediately north of the center line of Marshall Street; Thence west along the center line of 11aarshall Street to the center line of North Aurora Street; Thence south along the center line of Aorth Aurora Street and continuing southeasterly along the center line of South Aurora Street to the point and place of beginning. ........._......_.... _ _ _ 328 -9- Januarys 3, 1973 WARD V Beginning at the center line intersection of North Cayuga Street and Cascadilla Creek; Thence north along the center line of Borth Cayuga Street to tho. center line of Harshall Street; Thence easterly along the center line of Marshall S mot to the center line of Linn Street, Thence easterly along the north property line and its westerly extension of 301 Linn Street and continuing along the north property line of 332 University Avenue and its easterly extension to the center line of University Avenue; Thence northerly, easterly then northerly and easterly along the center line of University avenue to the intersection of Thurston Avenue Bridge; Thence northerly cross Fall Creek along the center line of Thurston Avenue to the easterly intersection of the center line of wait Avenue; Thence northerly and westerly along the center line of Wait Avenue to the center line of Triphanser Road; Thence easterly and northerly along the center line of Triphamner Read to the north line of the City of Ithaca; Thence west, along the north line of the City of Ithaca and its extension westerly to the center line ;of New York State Department of Transportation Route No. Thirteen; Thence southerly and southwesterly along the center line of Route Thirteen to the center line of Cascadilla Creek; Thence southeasterly along the center line of Cascadilla Creek to the point and place of beginning. f' -10- January 3, 1973 As there were no other speakers on thc� proposed Local Laws By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That the Public Hearing be closed on the two Local Laws. Carried Alderman Slattery then thanked the public for attending and declared the Public Hearing closed. He then returned the chair to the layor and returned to his seat. LOCAL LAW - ELECTION OF ALD%R1,1EN: Action was taken to adopt a Local Law to provide a transitional procedure for election of aldermen from newly reapportioned wards of the city. 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 wards of the city. By Alderman Slattery: seconded by Alderman Schmidt BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section. l. 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: 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) , 00 the following procedure for the election of alderren is hereby adopted. W 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 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-nunbered year, one alderman shall be elected from each 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. A roll call vote thereon resulted as follows: AYES: 13 NAYS: 1 - Nichols Approved by me this -5- r day of January 1973 and designated Local Law #1 1973 Mayor City Ithaca, Newliork LOCAL LAW - REAPPORTIONTIIENT: Action was taken to adopt a Local Law to change the numbers and boundaries of the city. A Local Law amending Section 3 and 3a of Chapter 503 of the Laws of 1908 of the State of New York, being the Charter of the City of Ithaca (Section 1-3 and 1-3.1 as codified) to change the number and boundaries of the wards in the City of Ithaca. By Alderman Slattery: seconded by Alderman Schmidt -,' BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 3 of Chapter 503 of the Laws of 1908. Section 1-3 as codified, is hereby aciendau by recission of the present text and the substitution of the following: The said city shall be divided into five wards, respectively bounded and described as follows: 330 --�-- January 3, 1973 WARD I Beginning at a monument marking the southwest corner of the corporate limits of the City of Ithaca; also known as the southwest corner of DeWitt Location Thence due east along the south lire of the said corporation limits for a distance of seventeen hundred and seventy-five feet more or less (1775' +) , to the center line of the former right-of-way of the Delaware, Lackawanna and Western Railroad Company, now Lehigh Valley Railroad Company (66 feet in width) , which said right-of-way runs parallel with and immediately adjoins and easterly right-of-way line of the now or formerly main line of the Lehigh Valley Railroad Company; J. Thence southwesterly along the aforesaid center lineof the right-of-way to its inter- - section with the former center line of the Cayuga Inlet as it existed prior to construction of the Flood Relief Channel in 1968; Thence easterly and southerly along the former center line and continuing southerly and westerly along the existing center line of Cayuga Inlet to its intersection with the center line of the said right-of-way of the Lehigh Valley Railroad, formerly the right-of- way of the Delaware, Lackawanna and Western Railroad Company; Thence along the center line of said Railroad right-of-way on a curve to the left, and continuing along said center line in a northeasterly direction, to its intersection with the south line of DeWitt's location, being an easterly prolongation of the first course; Thence westerly along the south line of DeWitt's location, being the former southern boundary of the City of Ithaca a distance of eight hundred and eighty feet more or less to its intersection with the southerly extension of the center line of South Plain Street; Thence north along the center line of South Plain Street and its extension and North Plain Street to its intersection with the center line of Cascadilla Street; Thence east along the center line of Cascadilla Street to the center line of Cascadilla Creek; Thence northwesterly along the center line of Cascadilla Creek to its intersection wig the center line of New York State Department of Transportation Route 1o. 13; Thence northeasterly and northerly along the center line of Route 'No. 13 to its intersection with the westerly prolongation of north property line of P'iilitary Lot Ninety-Four; Thence along the westerly prolongation of the north line of Military Lot Ninety-Four to its intersection with the cast line of North Cayuga Street; Thence northerly along the east line of North Cayuga Street and its extension to a point in the east line of the right-of-way of the Auburn branch of the Lehigh Valley Rail- road; Thence northerly along said east line of the said Lehigh Valley right-of-way to a point in the north line of the City of Ithaca; Thence westerly along said northern line of the City of Ithaca to a point on the west shore of Cayuga Lake; and running Thence southerly a distance of seventeen hundred and ten feet more or less to the mouth of the brook which divides the property now owned by harry and Helen D. Johnson on the north from the property of Candace H. Williams on the south Thence westerly one hundred and forty feet more or less up the center of the brook to the east boundary of the right-of-way of the highway known as Taughannock Boulevard; Thence southerly along the east line of the right-of-way of Taughannoek Boulevard as it now exists or may hereafter be relocated a distance of fifteen hundred and twenty- three feet to the center of Williang Brook; Thence westerly sixty-six feet more or less to the east line of the right-of-way formerly of the Ithaca and Geneva division of the Lehigh Valley Railroad, now New York State Electric and Gas Company; ,331 January 3, 1973 WARD I Thence southerly eleven hundred feet more or less to the north line of said lots ninety-two and ninety-four produced.; Thence west along the north line of said lots 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 tha 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 35.5 feet fror.. 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 south 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 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 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 Tlilliams Brook, 330 feet morn or less, to the west line of Military Lot No. 87; Thence south along the west line of Military Lot ldo. 87 and the west line of Dewitt's location to the point and place of beginning. I 33Z 13 .,� January 3, 1973 WARD II Beginning at a point of intersection of the southerly extension of the center line of South Plain Street and the southerly property line of DeWitt's location; 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 more or less to a point; Thence easterly a distance of 630 feet more or less to a point on the lino dividing lands now or formerly of Centini-Capalongo 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 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; Thence due east along the prolongation of the south line of Dellitt's location to its intersection with the center line of Six Mile Creek; 2, Thence along the center of Six 1.1ile Crcok, as it twists and turns, to the center line of South Aurora Street; Thence northwesterly along the center line of South Aurora Street and continuing northerly along the center line of North Aurora Street to its intersection with the center line of Marshall Street; Thence west along the center line of Marshall Street to the center line of North Cayuga Street; Thence south along the center line of North Cayuga Street to the center line of Cascadilla Street; Thence west along the center line of Cascadilla Street to the center line of North Plain Street; Thence south along the center line of North Plain Street and South Plain Street and its extension to the point and place of beginning. 33� --6-� January 3, 1973 WARD III Beginiing at a point in the south line of the City of Ithaca nc its intersection with the center of Six 11ile Creek; and running Thence easterly along the south line of the City of Ithaca a dist-,nce of 2,300 feet more or less, to a monuuk--nt marking the southeast corner of said City of Ithaca; Thence northerly along the easterly line of the City of Ithaca a distance of 208 feet more or less, to the center of a ravine; Thence northeasterly and along the cant=er of the ravine, bein ,334-/ %S 4— January 3, 1973 WARD I I I Thence westerly and southwesterly along tho center line South Quarry Strect to the foot bridge crossing Six Mile Creel:; Thence alon- the center line of the aforesaid foot bridge to the center line of Six Mile Creel.; Thence southeasterly along the center line of Six Mile Creek as it twists and turns to the point and place of beginning. - a-- January 3, 1973 WARD IV Beginning at the point of intersection of the center line of South Aurora Street with the center line of Six Mile Creek; and running Thence easterly and southeasterly along the center line of Six Mile Crock to the center line of a foot bridg` crossing the creek in the vicinity of South Quarry Street; Thence northeasterly along the center line of the foot bridge and its extension easterly to the center line of South Quarry Street; Thence northeasterly and easterly along the center line of South Quarry Street to the center line of a private driveway entering and crossing lands of th= forrier city hospital and more. recently of Ithaca College; Thence along the canter line. of the private driveway crossing the aforesaid city hospital property to the center line of Valentine Place, being the intent to exclude from this ward the existing buildings and residences on the south side of the driveway; hence northeasterly along the center line of Valentine Place to the cer_tar ling: of East State Street; Thence northwesterly along the center line of Last State Street to the center line of Mitchell Street; Thence northeasterly along the center line of Mitchell Street to the center line of College Avenue:; Thence north along the center line of College Avenue and continuing northerly along the center line of Central avenue to the center line of Cascadilla Creelc`, Thence easterly a:iong the ce:ntur line of Cascadilla. Creek as it twists and turns to the center line of Stewart Avenue; Thence. northerly along the center line of S t2wart Avenue to the center line of Campus Road (a Cornell University Street) ; Thence northeasterly along the center line of Cai.,ipus Rcad to tl:e center line of West Street (a Cornell University Street) ; Thence northerly along the center line c,f Wost Street tc, the center line of University Avenue; Thence westerly and southwesterly along the center line of University ,venue to the easterly extension of the north property line of 302 University Avenue; Thence westerly along the north property line of 302 University Avenue and continuing along the north property line and its westerly extension of 301 Linn Street to the center line of Linn immediately north of the center line of Marshall Street! Thence west along the center line of 11arshall Street to the center line of North Aurora Street; Thence: south along the center line of north Aurora Street and continuing southeasterly along the center line of South Aurora Street to the point and place of beginning. 336 /7 1-6- January 3, 1973 Beginning at the center line intersection of North Cayuga Street and Cascadilla Creek; Thence north along the center line of North Cayuga Street to the center line of Marshall Street; Thence easterly along the center line of Marshall Street to the center line of Linn Street; Thence easterly along the north property line and its westerly extension of 301 Linn Street and continuing along the north property line of 302 University Avenue and its easterly extension to the center line of University Avenue; Thence northerly, easterly then northerly and easterly along the center line of University Avenue to the intersection of Thurston Avenue Bridge; Thence northerly cross Fall Creek along the center line of Thurston Avenue to the easterly intersection of the center line of Wait Avenue; Thence northerly and westerly along the center line of Wait Avenue to the center line �►• of Triphammer Road, 3C © Thence easterly and northerly along the .center line of Triphanmcr Road to the north line of the City of Ithaca; f_At Thence west along the north line of the City of Ithaca and its extension westerly to the center line of Mew York State Department of Transportation Route 'No. Thirteen; hence southerly and southwesterly along the center line of Route Thirteen to the center line of Cascadilla Creek; Thence southeasterly along the center line of Cascadilla Creek to the point and place of beginning. Section 2. The present seven wards of the City, as set forth at Section 3a of Chapter 503 of the Laws of 1905, Section 1-3.1 as codified, shall remain effective and shall continue as such until December 31, 1975, for the sole and limited purpose of continuing in office the aldermen elected from said seven wards until the expiration of their terms on December 31, 1975. For the purpose of electing aldcrmcn hereafter and for all other purposes except as provided in this Section, the five wards set forth in Section 1 �! hereinabove shall be applicable. Section 3. This Local Law shall become affective forty-five days after its adoption and is subject to c per aJJive r;!fcrendun as provided in Section 10 of the Municiapl ??ome Rule Law. A roll call vote thereon resulted as follows: AYES:: 14 NAYS: 0 Approved by me this -S-61C day of January 1973 and designated Local Law X62 1973. Mayor City o 11 he a, dew York 3 3f /4 —37- January 3, 1973 ACTIAG MAYOR. _ Alderman Stein nominated Alderman Slattery for acting mayor. Alderman Slattery declined the nomination. It was moved by Alderman Gutenberger and seconded by Alderman Nichols that Alderman Schmidt be nominated for the position of '`Acting iiayor•' for the ensuing year. It was moved by Alderman Boronkay and seconded by Alderman Spann that Alderman Rundle be nominated for,tne position. It was moved by Alderman Gutenberger and seconded by Alderman Barber and carried that nominations for the position of "Acting mayor ` be closed. The Clerk conducted a secret ballot which resulted in seven votes being cast for each nominee. Due to a tie vote Mayor Conley cast his vote in favor of Alderman Schmidt and declared. him .duly appointe.d''Acting Mayor` for the year ending December 31, 1973. ALTERNATE ACTING MAYOR: It was moved by Alderman Slattery and seconded by Alderman Schmie that Alderman Gutenberger be nominated for the position of "Alternate Acting Mayor" for thu— ensuing year. . It was moved by Alderman Boronkay and seconded by Alderman Jones .that Alderman Rundle be nominated for the position. It was moved by Alderman Wallace and .seconded by Alderman Barber and carried that the nominations for the position of "Alternate Acting Mayor" ba closed. The Clerk conduted a secret ballot which resulted in seven votes being cast for each nominee. Due to a tie vote Hayor Conley cast his vote in favor of Alderman. Gutenb-drger and declared him duly appointed"Alternate Acting rayon for the year ending December 31, 1973. CO kaTUES: Hayor Conley announced that he was abolishing the Intergovernmental Committee- and was asking the Executive Committee to assume their duties, as the Executive Committee was made up of the Chairmen of all the Committees, chaired by the Acting Mayor. He asked .that„the Executive Committee meet prior to making up the agenda and put the agenda in order for the meetings. Hayor Conley then announced the various committees of the Council: BUDGET AIID ziDMINISTRATIO d Slattery, Chairman - Rundle, Vice Chairr::an - Gutenber-er - Schmidt - I-irs. Jones CHARTER & ORDI LUTCE Stein, Chairman - Boronkay,: Vice Chairman - Wallace - Meyer —Henderson PUlTNING & DEVELOP ENT Mrs. Jones, Chairman - Spano, Vice Chairman - Slattery - Schmidt - Stein PUBLIC WORKS & TRANSIT Rundle, Chairman - Meyer, Vice Chairman - Spano - Barber - Nichols PUBLIC Si.FETY Gutenberger, Chairman - Henderson, Vice Chairman - Boronkay - Saccucci HU14M SERVICES Nichols, Chairman - Wallace, Vice Chairman - Barber - Saccucci WILLIAM C. BARRETT: Mayor Conley announced his appointment of William C. Barrett as Acting City Judge to succeed himself for a term of one year, ending December 31, 1973 and requested approval thereof. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Mayor's appointment of William C. Barrett as Acting City Judge for the term of one year, ending December 31, 1973, be approved and confirmed. Carried JAiIES C. PARKES: Mayor Conley announced his appointment of James C. Parkes as Commissioner of Public Works for a term of six years, ending December 31, 1978,and requested approval thereof. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Mayor's appointment of James C. Parkes as Commissioner of Public Uorks for a term of six years, ending December 31, 1978, be approved and confirmed. Carried 336 -�8- January 3, 1973 COMPENSATION PLAN ADVISORY BOARD: Mayor Conley announced his appointments of Charles Weaver, Robert Dingman and Richard Daley to the Compensation Plan Advisory Board with Joseph Spano and John Dougherty as alternates, for a term of one year, ending December 31, 1973, and requested approval thereof. By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That the Mayor's appointments of Charles Weaver, Robert Dingman and Richard Daley to the Compensation Plan Advisory Board for a tern of one y`ar ending December 31, 1973, with alternates Joseph Spano and John Dougherty, be approved and confirmed. Carried � LiyolDHARKS PRESERVi TIOd CON4ISSION: ,Mayor Conley announced his appointment of Stephen Jacobs as a renber of the Landmarks 'reservation Board to succeed himself for a tort, of three Years and Hrs. Ellis Phillips for a term of three years. 13y Alderman Schtddt: seconded by Alderman Boronkay RESOLVED, That the Mayor's appointments of Stephen Jacobs and Mrs. Ellis Phillips to the Landmarks Preservation Commission for a terL1 of three years, ending December 31, 1975, be approved and confirmed. Carried ENVIRONME'NTAL C010ISSION: Hayor Conley announced his appointments of Sherry 'Naditch and David Bechhofcr to the Environmental Comraission for a tern of four years, ending December 31, . 1976, and requested approval thereof. JC By Alderman Nichols: seconded by Ald rn.an Schmidt C7 RESOLVED, That the 2Layor's appointments of Sherry Naditch and David Bechhofer to the Environmental Commission for four year terms ending December 31, 1976, be approved and confirmed. Carried BOARD OF APPEALS ON BUILDI7G CODE: Iiayor Conley announced the appointment of Vincent Giordano to succeed himself as a member of the Board of Appeals on Building Code for a term of three years ending December 31, 1976, and requested approval -thereof. By Alderman Slattery: seconded by Alderr:.an Spano RESOLVED, That .the Mayor's appointment of Vincent Giordano as a member of the Board of Appeals on Building Code fora term of three years ending December 31, 197%5 be approved and confirmed. Carried iPPOINTMENTS: Mayor Conley then announced other appointments which he had made and which did not require approval as follows: Police Commissioner Robert J. Bruce 1 year ending December 31; 1973 John Spencer 3 years '' °' 31, 1975 Planning Board Henry Doney 3 years '` 31, 1975 LeGrace Benson 3 years 31, 1975 Gerald Schickle 3 years " '° 31, 1975 Stuart Stein 1 year 31, 1973 John C. Clynes 1 year " 31, 1973 Board of Zoning Appeals Alva dolman 3' years `` 31, 1975 " it '` Peter W. Martin 3 years " 31, 1975 Youth Advisory Council J. B. Graves 3 years it 31, 1975 Stephen Brock 3 years 31, 1975 Mrs. Miran McRobb 3 years 31, 1975 David Cullins 3 years 31, 1975 Housing Board of Review Dr. Martin Greenberg 3 years " " 31, 1975 D.M. ABBOTT INVESTORS CORPORATION: The Clerk read a letter fror.,, Thaler & Thaler, calling the city's attention to.violation of an agreement between the City of Ithaca,Urban Renewal Agency and D. 11. Abbott which provided that parking area shown on certain drawings would be free and uneacudbered and used only for public parking. The contemplated erection of any structure on the parking area adjacent to the building owned by D. 11. Abbott Investors ;orporation and occupied by F. W. Woolworth Company without their permission violates a .ease agreement between D. M. Abbott Investors and F. W. Woolworth Company. They stated 'This letter is to place the City of Ithaca, the Ithaca Urban Renewal Agency and the New York State Urban Development Corporation on notice that any use of the present parking area on the south side of East Creen.Street for the erection of any structures, storage of any material, or for any use ether than public parking previously refarred to, may cause a cancellation of the lease agreement between F. F?. Woolworth Company and D. 11. Abbott Investors Corporation, in which case the above mentioned agencies and runicipality may become liable for damages and loss of rent suffered by D. ii. Abbott Investors Corporation and I'. W. Woolworth Company." 3 3o -- - January 3, 1973 YOUTH BUREAU: The Clerk read a letter from Robert Cutia, Youth Bureau Director,,stating that the Youth Bureau must submit an application for continuation of our program to the New York State Division of Youth. By Alderman Nichols: seconded by Alderman Wallace WHEREAS, The City of Ithaca is about to submit an application for continuation cf 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 Yor1c State Division for Youth for it's approval; AND BE IT FURTHER RESOLVED, That this rosolution shall take effect immediately. Carried DEPOSITORIES: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, That pursuant to Section 33 of the City Charter (Sec. 3-6 as codifiad) the First- National Bank & Trust Company and the Tompkins County Trust Company be and they hereby are designated as the official depositories for all City Funds for the ensuing year as follows: TOMPKIIVS COU.ATY TRUST COMPANY City of Ithaca, General Fund #201 001004 City of Ithaca, Payroll Fund #241 1175:41 Capital Reserve Fund # 4 - Bridg--s 201 001055 It " - IT #-9 - Gen, Hunicipal Properties & ,Bldg.. 201 001128 to IT If #11 - Parks & Recreation Area 201 001135 - " " #14 - Parking Areas 201 001179 #15 - Fire Engine Replacement 201 001187 if " 416 - Development of Water Sourc--s 201 000997 It F'..:._ " #17 - Sewer Construction 201 000939 #18 - Municipal Garages 201 000962 #20 - West Hill [dater & Sewer Replacement 201 001594 '' #22 - Bus Replacement 201 001608 It " #22A- State Aided Bus Project 201 001772 Emp'l. Group Insurance Deductions 201 001233 Guaranty & Bid Deposits 201 001322 City -Tax Sale Redemption 201 001322 Deposit on Water Meters 201 001322 Flood Disaster 201 001322 .. : Federal Reserve Sharing 201 001322 Proceeds from Bond Sales 201 001705 , Fireman's Relief Fund (Tine Account) 551 000201 Vet. Vol. Firemen's Assn. (Time Account) 551 000228 Cemetary Fund (Time Account) 551 014199 M. C. Hillick Memorial Fund (Time Account) 551 014202 Storms Cemetary Fund (Tine Account) 551 014229 Holnes-Stamp Cemetary Fund (Tine Account) 551 006439 FIRST NATIONAL BANK AND TRUST CO12AAY City of Ithaca, Water & Sewer Fuad #267010109 . City of Ithaca, Construction Fund 267 010842 Community Renewal Program 267 010842 Firemen's Relief Fund 267 010001 Carried COLLATERAL TO SECURE DEPOSITS: r,ldarman Rundle reported that under present agreements. Tompkins County Trust Company is required to deposit $2,000,000.00 in approved collateral to secure deposits, and that the First National Bank and Trust Company is required to deposit $2,000,000.00 for like purpose. He advised that under escrow agreements with both.m"01 banks which have been approved by the Council, there is now on deposit with the Chase Manhattan Bank of New York the sum of $2,000,000.00 fron each one of the banks. By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the First National Bank. and Trust Company as reported, be approved as to form and sufficiency. . AYES: 13 ABSTAINED: Barber OFFICIAL ZEWSPAPER: By Alderman Rundle: seconded by Alderman Jones RESOLVED, That pursuant to Sec. 232 of the City Charts (Sec. 8040 as codified) the Ithaca Journal be and it hereby is designate! as the official newspaper of the City of Ithaca for the year 19730 Carried AT January 3, 1973 MEETING DATES By Alderman Rundle: seconded by Alderman Barber RESOLVED, That regular meetings of the Common Council during 1973 be held at 7:30 p.m. on the first Wednesday of each month in Common Council Chambers at City Hall, 108 East Green Street. Carried BUDGET t1uND ADMINISTRATION REPORT: Alderman Rundle reported that the Budget and Administration Committee had not met since last Wednesday, therefore no additional report on the seven items on the agenda. AUDIT: By Alderman Rundle: seconded by Alderman Schmidt RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $5,858.11 as listed on Audit Abstract #1-1973 be approved for payment. Carried CITY COURT RECOGNITION: Attorney Gersh reported that village courts were being recognized for their services to the people and felt that it was only proper for the City of Ithaca to recognize City Court. By Alderman Rundle: seconded by Alderman Barber WHEREAS, the court of the City of Ithaca has been in existence for more than 55 years and has during that period, provided Jidicial services to the People of this community, and WHEREAS, such court handled 2954 cases in the year 1972, and o14HEREAS, the case load of such court is indicative of the services provided the people of this community, and TMIEREAS, the rapidity with which the case load is handled has resulted in no delay in the 'isposal of cases, thereby providing-judicial services at the greatest possible convenience to witnesses and parties to actions, and 'vMEREAS, this board wishes to commend all of the judges who have served in such court in this City of Ithaca for the services they have rendered to the people of this community and the State, and IMEREAS, it is fitting and proper that recognition be given to this important arm of our government which is so vital to the preservation of our democratic process, NOW THEREFORE BE IT RESOLVED: Section 1. That it is hereby declared by this Common Council of the City of Ithaca that February 7, 1973, shall be City Court Recognition Day and that* Judge James J. Clynes, Jr. and acting City Judge William Barrett be invited to attend the next meeting of the Common Council so that the members of the Council may express the appreciation of the people of the community for the services provided by our city court. Section 2. This resolution shall take effect immediately. Carried Attorney Gersh asked that a copy of this resolution be sent to the State Court to show the City's recognition of the Ithaca City Court. FRIDEN MACHINE: The Clerk reported that he was advertising in three out of town newspapers to see if the. Friden Computer could be sold. HELE*a JACOB LETTER: The Clerk reported he had written to Helen Jacobs thanking her for her interest in Boardman House. SEATING ARRANGEIIENTS: The Clerk reported he had looked into the seating arrangements and it would require changing of wiring of the microphones. This would require some money for the change. He has discussed this with the Superintendent and asked for direction. DAVID WARBY: Thy City Attorney reported that upon investigation of the request by David Warby for reirbursement for towing charges as a result of the Police Department having his car towed away, he was recommending that the request be denied. By Alderman Schmidt seconded by Alderman Jones RESOLVED, That the request of David Warby for reimbursement for towing charges be denied. Carried DOG ORDINANCE:. Attorney Gersh reported that he had sent a copy of the Dog Ordinance to Cornell and a copy to the S.P.C.A. He has spoken to Judge Clynes on this and the Judge feels that better enforcement will be had. 34 � January 3, 1973 GEORGE PFA11N STATEMENT. Attorney Gersh reported that he had received a statement from George Pfann for services rendered. The Council had budgeted $500.00 which was not enough. With the expenses of. abstracts, premium title insurance,etc._ the estimate now.was. $4500.00. By Alderman Boronkay: seconded by ."alderman Gutenberger RESOLVED, That the statement front GeorCc Pfann be referred to the Budget a--�d A:dministration Committee. Carried ASSIS U,AT CITY ATTORi1EY: Attorney Gersh reported that the need for additional-help was becoming more apparent. The cost of hiring outside legal help was increasing 'arid ho felt that a full time attorney. was neade.d. By hiring an assistant nova Ile ,could eventually take over the duties of the City Attorney and become ftijl tine: The de..t`kinds for the' city attorney are increasing every day. Mayor Conley felt that with Federal sharing now , coming in there will be a definite need for a full-tide attorney. By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, That the request of the City Attorney for an assistant be referred to the Budget and Administration Committee. Carried ZONING VIOLATIONSe Alderman Stein asked if a report on the zoning violations, Attorney Tavelli was doing,had been made. He felt that some kind of a report should`be forthcoming. By Alderman Henderson: seconded by Alderman Meyer RESOLVED., That :Paul Tavelli be requested to give a report on the zoning .violations'he was ` working on within the next two weeks. Carried' At 9:00 p.m. Mayor Conley declared a five minute recess. The meeting reconvened at 9:15 p.m. WARD DISTRICTSd Alderman .Slattery reported that the Board of Elections needed to know the districts within the wards as soon as possible. . He pointed out on the map shown,the various district lines, By, Alderman Slattery: seconded by Alderman Barber RESOLVED, That the new districts of the wards as outlined on the map presented by the intergovernmental Committee be approved as presented. After much discussion as to the variations in the wards, riiimber of voters iri .the districts. and °ovarall population M„ �y Alderman Nichols: . seconded by alderman Wallace RESOLVED, That the- district-lines within the ward boundaries 'be tabled for action at:: the next meeting. •,. . Carried STEWART PARK: Alderman Meyer reported that they were contacting the State Parks for information on Pan-A-Viewers and had not heard from theri yet. ' Alderman `Saccucci felt that this was a more effective use of the park by the public if this could be done. FULTON AND SENECA STREET PARKING: Alderman Meyer reported that a resolution of the Board of Public Works changing the hours of parking on Fulton and Seneca Streets on October 25, 1972, had not been forwarded to the Council and was now bringing it up. By Alderman Boronkay: seconded by Alderman Stein RESOLVED, That the request-of. the Board of Public Works for a change in the parking on Fulton and Seneca Streets be referred _to the Charter and Ordinance Committee. Carried GLASS RE-CYCLING: Alderman Meyer reported that the Board of Public Works had requested $1100.00 to continue the glass recycling program. By Alderman Meyer: seconded by Alderman Barber RESOLVED, That the Common Council provide $1100.00 for the purpose of collecting glass by Challenge Industries for the months of January and February. Much discussion revolved around the cost as Alderman Wallace pointed out six months was $3,000.00 and now $1,100.00 was for two months. Supt. Dingman explained that this was onli-- for the purpose of allowing the present syster to continue on East Hill. Alderman Gutenberger stated that $112.00 per week would take care of nine weeks of collection. Mayor Conley felt that they should not mention Challenge Industries as the collection of glass should go to bid. After much more discussion the motion was withdrawn to be more explicit. By Alderman Meyer: seconded by Alderman Barber WHEREAS, both the Council and the Board of Public Works has supported and recommends the recycling of glass, and WHEREAS, the Board of Public Works has requested the provision of $1,100.00 from the Contingency Account to the refuse collection account for the specific purpose of continuing; the pick up of glass -� 3 4 —�'�- January S, 1973 NOW THEREFORE BE IT RESOLVED, That the Common Council allocates $1,100.00 to the refuse account for the purpose of continuing the glass pickup by Challenge Industries for nine weeks at which time the Board of Public ?Works is expected to have available a program to present to Council for City wide glass collection. Carried TREE RECYCLI-NG: Alderman rieyer reported that Superintendent Dingman has informed her that the Board of Public Works had done this for years. Alderman Meyer also reported that the walkway at Cass Park was very muddy and wondered if these trees could be used for cover. BOARD OF PUBLIC WORKS RULES tdTD REGULATIONS: Alderman Nichols reported that the Pules and 'tegulations of the Board of Public lHorks had not been revised since 1962 and felt that this >hould be updated and made available to various organizations and student. Sy Alderman Nichols: seconded by Alderman Schmidt RESOLVED, That the Board of Public Works be requested to update the Rules and 1agulations Booklet, that became effective on March 20, 1962, and be riade available by September 1, 1973, and BE IT FURTHER RESOLVED, That this resolution be presented to the Board of Public Works at their next meeting. Carried �,. MINI POOL: Alderman Jones reporter: that the offer to G.I,A.C< of the Mini Pool from the North Side House was felt by the Board to need permission from the School District. C) Alderman Slattery reported that he had written a letter to David Terry of the Board of s Education, explaining the action of the BoarC of the Greater Ith^ca i;etivities Center, requesting permission from the School District. By Alderman Jones: seconded by Alderman Wallace RESOLVED, That the Planning and Development Committee recommends to Common Council that City Attorney David Gersh be requested to discuss with the Ithaca School Board the feasibility of the addition of the North Side Mini Pool to the Greater Ithaca Activities Center complex and to communicate the results of his discussion to the Council as soon as possible. Carried- SALTY DOG: Alderman Saccucci reported that he was gratified that the Mayor had taken the time to look into and correct the noise at the Salty Dog. OVERTISING ON POLES: Alderman Stein reported that telephone poles and gas and electric poles in the fifth and seventh wards were being used for posting and advertising naterial. This_ .was •very unsightly and steps should be taken to correct this. Alderman Stein was informed that this was illegal but enforcement was the problem. On notion the meeting was adjourned at 10:00 p.m. � r Robert G. Grey, Deputy City Clerk � Edward . Conley, Mayo C0*240N COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. January 17, 1973 PRESENT: Mayor - Conley Aldermen (13) - Stein, Henderson, Barber, Saccucci, Slattery, Wallace, Gutenberger, Rundle, Spano, Heyer, Jones, Boronkay ABSENT (1) - Schmidt t OTHERS PRESENT: Attorney - Gersh Fire Chief - Weaver Public Works Comm. - Golder Police Chief - Herson Public Works Comm. - Parkes Controller - Daley Urban Renewal Director - Brown Building Comm. - Jones Deputy City Clerk - Grey Mayor Conley announced that he had called this special meeting for the purpose of setting public hearings on the closing of South Tioga Street and selling of the land to Urban Development Corporation and to set the district lines in the nev wards. REDISTRICTING: Synovva Gooding of the League of Women Voters spoke on the changing of districts from 21 to 16. At first the League of Women Voters were opposed to this change but after checking the election figures these substantiated the decline in districts. DOWNTOWN DEVELOPMENT: Mayor Conley announced that the January 3, 1973, public hearings had been cancelled. The wrong description was used and the wrong prices listed. The land was to be sold for approximately $2.50 per foot but when the figures came in it was $3.53 per foot. This made a difference of approximately $34,000. After negotiating with Caldwell, the city will sell the land for $17,000 less and Caldwell will absorb the other $17,000. Total price is now $101,711 for the parking lot and South Tioga Street. By Alderman Jones: seconded by Alderman $oronkay RESOLVED, That Commoti CounciX call for a public hearing to be held January 31, 1973, i at 7:30 p.m. in Council Chambers, 108 East Green Street to consider the following: 1. Discontinuing from use as a public highway that portion of South Tioga Street bounded on the north by East State Street and on the south by East Green Street. 2. Sale of city-owned land to New York State Urban Development Corporation. 3. Sale of Ithaca Urban Renewal Agency land to New York State Urban Development Corporation. The sale of land and discontinuance of a portion of South Tioga Street are in further- ance of the proposed development of the central business district of the city by Urban Development Corporation. After some discussion as to price, whether all parties are ready to sign and legality of signing, etc. Alderman Jones was requested to read the legal notice in its entirety. as follows; PUBLIC HEARING PLEASE TAKE NOTICE that pursuant to Section 14 (2) of the NNew York State Urban Development Corporation Act and Section 5-30 of the Charter of the City of Ithaca (the "City") , the Common Council of the City will hold a public hearing on January 31, 1973, at 7:30 o'clock in the evening in Common Councll Chamber, 108 East Green Street, Ithaca, New York, to consider the following: f 1. Discontinuing from use as a public highway that portion of South Tioga Street bounded on the north by East State Street and on the south by w East Green Street; . 2. Sale by the City of the said portion of South Tioga Street and of Parcel 13 and a portion of Parcel 20 of Block 201 of the Center-Ithaca Urban Renewal Project N.Y. R-112 (the "Project"), all of the. land to be sold totalling approximately 45,950 square feet (scaled) , to the New York State Urban Development Corporation ("UDC") for a purchase price of $101,711. -2- January 17, 1973 The sale of land and discontinuance of the public highway use described above are in furtherance of the proposed development of the central business district of the City of Ithaca by UDC, which will include a new Rothschild's Department Store, a retail shopping mall and a parking structure. A vote was taken on the motion and resulted as follows: AYES: 13 NAYS: 0 ABSENT: 1 - Schmidt URBAN RENEWAL PUBLIC HEARING: Alderman Jones reported that a public hearing would be held by the Urban Renewal Agency at the same time as the public hearing by the city and proposed the following: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That a public hearing be held on the 31st day of January 1973 at 7:30 p.m. in the Common Council Chambers for the approval of the disposition of land to the New York State Urban Development Corporation for the Center-Ithaca Urban Renewal Project N.Y. R-112, and that notice of such meeting shall be caused to be published in the Ithaca Journal at least ten (10) days prior to said meeting. Carried Alderman Barber requested that copies of the proposed legal notices be sent to each Alderman and the Deputy City Clerk was instructed to do so. REDISTRICTING: Alderman Slattery presented a map of the city showing the new ward lines and also the new district lines explaining that the election law states that one voting machine must be used for 600 voters and two voting machines to be used for 900 voters. There were sufficient number of voting machines in the city to handle the new districts. Ward #1 has four districts and the rest of the wards have three districts each. The population figures of each ward were used to arrive at the district lines along with the use of natural boundaries. Alderman Slattery then reviewed the pop- ulation figures of each district as follows: FIRST WARD SECOND WARD THIRD WARD District #1-1828 District #1-1738 District #1-2376 to 2-1412 it 2-1791 11 2-1634 If 3-1515 of 3-1733 It 3-1156 it 4-1434 FOURTH WARD VIM WARD District X61-2539 District #1-1602 " 2-1941 it 2-1941 3-1745 of 3-1745 Alderman Stein questioned the boundaries between the second and third districts of the Fifth Ward. He showed on the map where he felt the line should be. Alderman Wallace asked that the council approve the lines as shown on the original map and then if needed make the necessary amendments. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the district lines as shown on the map as presented be adopted. Alderman Meyer presented the following amendment: RESOLVED, That the district ]ine between District 2 and 3 of Ward 5 be changed to conform to the line as shown by Alderman Stein. As there was not a second to the motion it was withdrawn and a vote was taken on the original motion. AYES: 12 NAYS: 1 (Nichols) ABSENT: 1 (Schmidt) On motion the meeting was adjourned at 8:30 p.m. Robert G. Grey, Deputy,City Clerk Edward J. Conley, Mayor C% ;�� ; :. � � � �c • . . ,,. � . . _. �' ,; - � � ,. COMMON COUNCIL PROCEEDINGS 3 CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. January 31. 1973 PRESENT: Mayor - Conley Aldermen (14) Boronkay, Stein, Headerscn, Barber, Saecueci, $tattery, Wallace, Gutenbergav Schmidt, Rundle, Spano, Meyer, Nichols, Jones OTHERS PRESENT: Attorney - Gersh B.P.W. Comets. - Golder, Clyues Supt. of Public Works - Dingman Engineer -' S•chltedet Acting City Judge - Barrett Urban Renewal Director - Brawn P-41ding Comm. - Jones Deputy City Clerk - Grey I or Conley announced that this 'meeting was beiug'ha-9 for the purpose of a Public Hearing 'the discontlauing use as a pubiic highway the 100 Block of South Tioga Street, sale of this portion of South Tioga Street, parcel #13 and a portion of parcel #20 of Urban Renewal Block #201 to the New York State Urban Development Corporation. In-conjunction with this too Urban Renewal, Agency would also hold a Public Hearing for the purpose of determining whethe. the proposed dispositiou of land agreement in coon 5tion with the: Center Ithaca 'pro ect should be executed. cla yor Oonley asked- Urbaa Renewal Director, H. Stilwell Brown, to show the .maps With.the land question marked so that the-Council acid the public -would 'know what areae-were being d. Mt.-$ enplained the. land in question and pointed out-the'var-ious areas to bg :.aiitscussed. for Conley then :introduced Truman Powers, the Hearing Officer for the Urban Development .. : tporat Aa,who.also have a hearing sot for.e.ight a clock'for' the pVoposee"aale of'Yanc� to Caldwell Development Corporation. All heartngs'would 'be held at once so there would not be a-duplication of remarks. As-the t#me had —reached-eight o'clock, Xagqr Conley declared the Public Hearing open for th4 City of Ithaca and the--Urban Renewal Agency. ' Truman 'PWdt9—dot lared-the''PiWIE fearing fba Urban Dgvelopment Corporation' open. Mayor Conley asked that the participants give their name and address and trl+ to Limit theirr discussions .ta -five minutes if.posa .h,],e, Dr. Alvin Knapper: 100 Fairviow Square - He reikd a langthy statement-protesting lack of 'ir`formativd on this project to the public. He remarke'd'that 'the-deeislon§' ,OtMalto'-Ady made# a the public input was `a mark formality. He was for the project but felt that the city 8 �ld,noz be committed to this p.roj'ect until all facts W9xe--in..:_.He.was upt prepared. to whether he-favored the sae of land.'to UDC. Dd Stewart: Forest home Drive - A member of the UDC ,Advisory Committee. -He spoke in complete f4vpr of the--pro jest. Ilonald Hogre: 330 East State Street .. of T. G. Millers ,,Pgger Store. 11e. spoke iai f�vox of the p oject;. and as. a b"l essman who has dealt frith governments. as a result of Urban Renewal, he, was confident that the people working on the project would know the answers ceded and had confidence that' Ey _41 would not do a aythfn8•stupJd. He favored the 1AM4 sale to UDC. • ettlr Cornish: 234 South Albany Street; - Of Loeb Rhosdes..Campany. She was lookin 71.o�ctft�x to the proms t as` it fi�ould help"Tiusinesses td intteh a"fh"the°down own; areao'404'Uting bigg rgvenues. to the city. She favored the land sale to UDC. Gre ory Kas sak: 432 N. Tiop Street A former City Planner. $o had confidence in t}}e Teeple woi.ing.on ,thhis-'and would like .to see a drab downtt4rn go 'fos-�latc 'a�ong wit�i the renovating -of the t-xisting buildings and create something to draw people to the downtown ap_ea. He favored the land sale to UDC. ,Clrol Sisler 20$ V4�1l y Road''.-' treBident of the League of Women Voters of Tompkins C,ovn R. She read prepared statement fa acing`fhe-project and ,recognized tf e`work`that` iacl:gone } o t project. T`Le, gq of Women .Votere pas going on record as favoring the project' and r Immenddd that the city act flow, quickly mad decisively to` make thine" rajQCt a reality. ,ea. .... .». Sri._ . t� �sa3.e of"the laad'to'UiIC:' AGPA,Q$BQRN: 303 North Aurorq- Street. She'-iq Vdry-excit0l and ittt�erested to 'think,that•a plan is- aaa available as all-o,th�eir-s-Id-the-past have falled The P" plan' 'ci}alined ,and presented •is' ',Elie.bgst so_far. __She is in fav -selling land to UDC. e'n Y der t: 45 Sheraton Dr*ve - She favored the plan gs an outsidgx.=4 f#vo;ed the stile .of - 4 E1v Hg1 : ;: «f1 �1 ^�♦ u Ch- ;:= »� `1.n nl a71 .^ 4 6c �.rl -2- January 31, 1973 Arthur Golder: 110 West Court Street. He questioned the cost per square foot of the project; he 'felt that the taxpayers of the city would end up by paying the bill. The city would losq 136 p4Yme parking spaces and by using a different method of computation it would not cost $3,500 per space but $1-,000 per space. He felt that the downtown area was overdesigned and needed revision. He warned the city that if taken to court it would be possible to have a ruling that the sale of the land would not be a legal transaction. He felt that the sale of the land to UDC was a "subterfuge." Ja on Fane: 320 DeWitt Apts. He favored the project but had reservations on the way the pr eject was designed. He recommended ' access of the parking facilities be made-by enclosed paGsageway from other buildings and change the parking regulations in the building ordinane ' He favored sale of the land to UDC if his recommendations were accepted. Norbert Schickle: 100 Fairview Square - A forms interested developer. He felt that a majvYar department store would help the downtown area. One of the problems might be to attract ter-ants for the various stores contemplated. When he was interested in developing the down toirn area, he had gone to Baltimore and presented his plans; and after they had made tr changes, the plans now presented are almost what they recommended. He was not familaxf witiii.the sale of the land to UDC and was not pro or con: Stuart Lewis: 105 Winthrop Drive - Rep resent-�:ag the Downtown Businessmen's Association. They favored the project. They felt the competition would be good. It would result in better taxes for the city, and felt the city could support a garage. They were in favor of selllirig the land to UDC. Hunna Johns: 403 Linn St. - Former Mayor of the City. He had been through this before an4 not'hing had been developed as it had been too costly. against losing prime space one grouadrifloor of parking ramp to :hops when people wanted to park as close to the stores as possible. He did not believe cer_ond and third floors would get much use for parking. New storm in the ramp .project would not help the stores on State Street; only the people in they cit? ��ld do this by sho- ing. He did not think it was a good policy to build a garage before tenants were lined up for the stores on the ground floor. The talk about building a ; bridge over Green Ctreet for pedestrians was not right when there are other bridges in the city over water that were needed umcre. He criticised the parking study arriving after the project is about ready to go. As to selling the land •to UDC, he remarked "sell anything if Calc..lwell mould give it away.°9 t I W.1her W _g?%.ns: West Shore Drive - Attorney with offices in the city and developer of Pamd; a Inn. He favored the project and was glad to see others besides him had confidence Cut in the city. He felt that this was a good cYYortunity for the layman to get the answers frog the Professionals and to take their counsel. Most new development is being done outside the ys2; city and with the new conception of the Ramada Inn and Rothschilds Brothers department store t'.-:.is should restore faith in the city. "Make this project happen" he said." He favored the sale of the land to UDC. HaK,--y,Cer: 203 E. State St. - Of Cramers Jewelers. He favored the project; he was tired of ,44..4=1g a holy; in the ground. He favored the sale of the land to UDC. Dennis W.-nters: 335 Taughannock Blvd. - An architect. He did not feel that citys interest would be protected by Caldwells architect as there was a duplication of service. The city should think of public transportation and learn not to bring in private vehicles. fin Thomas Bennett: 102 Highgate Pl. - President of the First National Bank. He favored the project as he has been in the city for ten years and all he has seen is talk and no action. Outsiders were being depended upon to revitalize the city and when a local businessman is ready tai move he should be allowed to. If we do not move now he doubted if it would ever get done. No oxe' Vlse appeared to speak at the Public Hearings. .w Attorney Gersh reported that the Public Hearings had been duly advertised in the official newspaper of the city, The lnaca Journal News and also in the Syracuse Post Standard in ; ,ii the Ithaca section. The adjacent property owners had been notified by mail according to law.s=, bnj Public Hearing Officer Trirran Powers announced that the Urban Development Corporation PublicEod' i Hear:.ng had been duly advertised as required by law. .�,.. By Alderman. Jones: seconded by Alderman Saccucci RESOLVED, that the Public Xear-�n s on discontinuing the use of the 100 Block of South Tioga sun Street as a public street; the sale of this portion to New York State Urban Development Corp. and the Urban Renewal Public Hearing for the sale of Parcel #13 and a portion of Parcel #20 be cloced. Carried Mayor Conley declared a recess at 9:40 p.m. At 9:45 Mayor Conley reconvened the meeting, PFSO?.?STT-ONS OF THE PU'LIC K_?ARINGS: Alderman Jones reported that she had resolutions per- in g to the lic uearings a::d she would present them Individually to be voted upon. -3- 7 lA. Purpose By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the following resolutions shall be included as part of a Final Business Agreement to be executed among the NYS Urban Development Corp. , the City, the Urban Renewal Agency, Rothschild Brothers and Caldwell Development Corp., such Final Business Agreement to be placed before this Common Council and made available for public inspection at the office of the City Clerk at least one week before consideration of approval of this Agreement. Unanimously Carried 1. Letter of Intent By Alderman Jones: seconded by Alderman Schmidt i RESOLVED, that the Common Council reaffirms its intent to be bound by the terms t of the letter agreement (the "Letter of Intent") , dated October 5, 1972, among New York State Urban Development Corporation ("UDC") , the City, Ithaca Urban Renewal Agency ("IURA") , Rothschild Brothers and Caldwell Development Corporation in consideration of similar reaffirmation of intent to be bound on the part of each of these parties, for the development of the central business district of the City, as generally described in the Letter of Intent, including construction of a depart- ment store, a retail shopping mall and a parking facility for approximately 450 cars (collectively, the "Project"), except as the Letter of Intent may be supple- mented and amended by subsequent agreements approved by this Council, and except as modified in connection with payment for air rights as set forth later in these Resolutions. Unanimously Carried 2. Sale of Land by IURA to UDC By Alderman Jones: seconded by Alderman Schmidt WHEREAS, the New York State Urban Development Corp. , has submitted a redevelopment proposal in connection with the Center-Ithaca Renewal Project I, such proposal being incorporated in a proposed contract for the sale of land for public redevelop- ment, which proposed contract is on file at the Office of the Ithaca Urban Renewal Agency, and WHEREAS, the said New York State Urban Development Corp. , 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 or matched bids, and WHEREAS, the Ithaca Urban Renewal Agency has duly caused to be published in the Ithaca Journal, a local news media, public notice of the date and time of this Al hearing pursuant to the applicable provisions of law which notice included among other things the price to be paid and all other essential terms and conditions of said proposed disposition, and WHEREAS, the Common Council of the City of ithaea'has conducted a public hearing in connection with such proposed disposition; said public hearing being hold-on January 31, 1973, 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 3 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, now, therefore, BE IT RESOLVED, that the proposed disposition agreement including the sale of the land described therein for the sum of THREE HUNDRED FIFTEEN THOUSAND and no/100 ($315,000) to the said New York State Urban Development Corp. , 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 Housing and Community Renewal, the Chairman of the Ithaca Urban Renewal Agency be and he hereby is authorized and 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 Housing and Community Renewal to execute any and all disposition documents in connection with said sale, including but not limited to the deed thereto, Unanimously Carried i -4- 3-7- 6, 3. Sale of City Parcels By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the City shall sell and convey to UDC the parcels of land owned by the City which are described as follows, at the price of $101,711.00, such sale to be for the purpose set forth in Paragraph 2 of the Letter of Intent: That portion of South Tioga Street bounded on the north by East State Street, 'and on the south by East Green Street Parcel 13 and a portion of Parcel 20 of Block 201 of the Center-Ithaca Urban Renewal Project (N.Y. R-112) , as shown on the URA Property Identification Map dated April 15, 1964, all of which totals approximately 45,950 square feet (scaled). Unanimously Carried 4. Expediting Completion By Alderman Jones: seconded by Alderman Barber RESOLVED, that the City shall take all necessary steps to expedite the completion of the Project; and the Board of Public Works and all other appropriate departments of the City are hereby directed to take all necessary steps to expedite completion of the Project, including, but not limited to the performance of the work hereinafter referred to in these resolutions and/or as described in the architectural plans and specifications for the Project and the timely issuance of all permits and certificates necessary and appropriate for the prompt completion of the Project. Unanimously Carried 5. Utilities By Alderman Jones: seconded by Alderman Slattery RESOLVED, that the City shall cooperate fully with the other parties to the Letter of Intent to assure that all relocation and upgrading of utilities called for by the plans and specifications for the Project are made available, in a timely manner, to serve the Project Area. Unanimously Carried 6. Home Dairy Building By Alderman Jones: seconded by Alderman Barber RESOLVED, that the City shall extend, install and connect a water main from East State Street to the so-called Home Dairy Building located at 143 East State Street to provide water service for such building. Unanimously Carried 7. Streets By Alderman Jones: seconded by Alderman Barber RESOLVED, that the City shall take all necessary steps to vacate and abandon that portion of South Tioga Street as lies within the Project Area and is bounded on the north by East State Street and on the south by East Green Street, (the "interior street") including the removal, relocation or abandonment at the City's expense of all municipal utility facilities within the interior street; without limiting the generality of the foregoing, the Common Council hereby directs the Board of Public Works to discontinue use of the interior street, as a public highway, and to undertake such street improvements as are the City's obligation to make, including, but not limited to, widenings, change of grade and related modifications, subject, however, to retention by the City of a right-of-way and easement of access for construction and maintenance by the City of a storm sewer in the said area and further subject to retention by the City of a right-of-way and easement of access for maintenance of existing water utilities to continue until the main part of the Rothschild Bros. building is removed. Unanimously Carried 8. Architect By Alderman Jones: seconded by Alderman Slattery WHEREAS, Common Council Planning and Development and Building Committees recommend the retaining of a City Architect in connection with the construction of the Tioga- Green Street parking structure, NOW BE IT RESOLVED, that the City shall retain at its own expense an architect to supervise the construction of the Tioga-Green Street Parking Ramp AND BE IT FURTHER RESOLVED, that the City Attorney shall draw up and submit to Council a contract for this service; the architect's employment of needed additional professional services; the scope of the architect's responsibilities to the City in his review and approval of the plans and specifications for the parking structure, in his assurance that the structure during construction conforms with these plans and specifications and in his representation of the City's interests in connection with all architectural decisions, AND BE IT FURTHER RESOLVED, that said architect prior to the signing of the five party legal documents and the Ctiy sale of its contract with Warner, Burns, Toan & Lunde to the UDC shall function, said architect under the supervision of the Planning & Development Committee, AND BE IT FURTHER RESOLVED, that upon Council approval of said contract that the Mayor shall, with Council consent, appoint a city architect, AND BE IT FURTHER RESOLVED, that current monthly billings for services rendered be submitted to Common Council. Unanimously Carried ,51 -5- 9. Purchase of Parking Structure By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the City shall purchase the completed parking structure (the "Parking Structure") from UDC upon the terms and conditions set forth in Paragraph 7 of the Letter of Intent; the total construction price to be paid by the City shall not exceed $1,610,797.00, but such figure may be adjusted as provided in the Letter of Intent. Unanimously Carried 10. Parking Fee By Alderman Jones: seconded by Alderman Barber RESOLVED, that in consideration of the agreement by all other parties to waive any claim, right or charge for the occupation by the parking structure of air space in connection with the Project, the City shall charge a rate which shall be the same for parking in the parking structure and all other metered parking spaces in the central business district of the City (an area bounded by Clinton Street, Geneva Street, Buffalo Street and the Tuning Fork) which shall not be in excess of $.15 per car per hour, for a period of five years from the date of commencement of use and operation of the parking structure as a public parking facility. AYES - 13 NAYS - 1 Rundle 11. Comfort Station By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the City shall purchase from 121 East Seneca Corporation or its successor the property at the rear of Newberry's, known as the public comfort station, for a price to be determined in accordance with the agreement between the City and said corporation dated March 5, 1958, and shall enter into negotiations with Ithaca Urban Renewal Agency for demolition of said structure at the same time as the Agency demolishes the Evaporated Metal Films building. Unanimously Carried 12. Bonds By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the City Controller be and he hereby is authorized and directed to prepare a bond resolution in order to purchase the Parking Structure and pay the related costs of the City's participation in the Project as set forth in the Letter of Intent. Unanimously Carried L3. Development of Project By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the City reaffirms its commitment and readiness to proceed to construc- tion and development of its central business district as rapidly as may be possible and calls upon the other parties to the Letter of Intent to join it in achieving th#s objective. Unanimously Carried -6 January 31, 1973 3<S(_' REQUEST OF DPW FOR MALL STUDY: Superintend-eat Dingman reported that he was in the process of negotiating for the Mall study requested by the Common Council. He has three firms interested in the study in the neighborhood of $13,500.00. In order to proceed with his negotiations he needs Council approval of the dollar amount allowed for this. By Alderman Rundle: seconded by Alderman Nichols RESOLVED, that the request of the Superintendent be referred to the Budget and Administration Committee and to report back at the next meeting of February 7, 1973. Carried NATIONS CITIES: Attorney Gersh reported that in the last issue of Nations Cities Magazino there was a very good article on Parking Structures. One of the major points of the articlo was that cities were more and more undertaking the construction of Parking Structures in the central downtown areas and was becoming more common of cities to construct parking areas in the air space above commercial stores. This article told of surveys made and cost. He recommended this reading for the Council. SENECA AND AURORA PROJECT: Alderman Spano asked if the project for the corner of Seneca and Aurora Streets was progressing. Mayor Conley reported that the design was done and was being priced out. It had to be investigated further and a report should be ready in about two months. �C Upon motion the meeting was adjouxued at 10:30 p.m. LU Robert G. Grey, Deputy City Clerk r� Edward J.., Conley, Mayor r COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Reguur meeting 7:30 p.m. February 7, 1973 PRESENT: Mayor -, Conley Aldermen (14) - Stein, Henderson, Barber. Saccueci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Boronkay OTHERS PRESENT: Attorney - Gersh Controller - Daley Fire Chief - Weaver Asa't. Controller • Spano Police Chief - Herson Acting Planning Director • Maigs Supt: of Public Works - Dingman Youth Bureau Director - Cutia Cli� Judge - Glynes Chamberlain - Wright Acting City Judge - Barrett Deputy City Clerk - Grey MINUTE;: Alderman Boronkay reported that the minutes of January 3, 1973, should be corrected to show that Alva Holman should be Elva Holman. By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That the minutas of January 3, 1973, as amended be approved. Jc Jc Carried CITY COURT RECOGNITION DAY: Mayor Conley announced that he had proclaimed February 7, 1973, as -City Court Recognition Day and presented the following proclamation which the Council should act upon: By Alderman Barber: seconded by Alderman Wallace WHEREAS, the Court of the City of Ithaca has been in existence for more than 65 years and had during that period, provided judieial services to the people of this community, and WHEREAS, such Court handled 2954 cases in the year 1972, and WHEREAS, the case load of sueh Court is indicative of the services provided the people of this community, and WHEREAS, this Common Council wishes to commend all of the judges who have served in such Court in this City of Ithaca for the services they have rendered to the people of this community and the state, and WHEREAS, it is fitting and proper that recognition be given to this important arm of our government which is so vital to the preservation of our democratic process, NOW,;TKRREFORE BE IT RESOLVED, as Mayor of the City of Ithaca, I hereby designate and proclaim February 7, 1973, as City Court RecognAtion Day. Carried APPOINT NTS- CITY CL&RK: Mayor Conley announced that he would like to advertise for the pos"Lion of City leerk Which has been vacant since September 1, 1972, in the local news- paper. Personal interviews would be done by the Budget and Administration Committee and the Public Relations Committee and wanted authorization from the Council to advertise. Alderman Wallace asked why the appointment was so long in coming. Mayor Conley explained that the position was being reviewed to see if it could be consolidated with another position. Alderman Gutenberger explained that they were also waiting for the results of the stU�y by Value'Management which.was now in. By Alderman Slattery: seconded by Alderman Henderson RESOLVEV, That the position of City Clerk be advertised in the local newspaper as soon as possible. Carried CODES REVIEW �COMMITTEE: Mayor Conley announced the following appointments on the Codes Review Committee which had to be done with the advice and consent of Common Council: DeForest Furman, Wilbur Barber, Murray VauMarter, Stuart Stein By Alderman Schmidt: seconded by Alderman Gutenberger RESOLVED, That the Mayor's appointments to the Codes Review Committee as listed below be approved: Swart Stein Member from the Planning Board Term expires 12/31/74 DeForest' Furman Member from the Examining Board of Plumbers 12/31/7 Wilbur Baker Member from the Board of Electricians 1213117 Murray VanMarter Member from the Board of Zoning Appeals 1213117 Carried EXAMINING BOARD OF ELECTRICIANS: Mayor Conley announced that he was appointing Kenneth w B. Decker to succeed-himself as a member of the Board of Electricians to a term of three years.apd requested approval thereof. By •41&d man:Schmidt: seconded by Alderman Gutenberger RESOLVED, That the Mayor's appointment of Kenneth B. Decker as $,mamber of the Examining Board of Electricians: for a term of three years ending December A; 1975, be approved and confirmed. Carried 3•s n2_ February 7, 1973 ENVIRONMENTAL COMMISSION: Mayor Conley reported that the City Clerk was also the Clerk of the Environmental Commission and required to attend all meetings. He felt that he should be removed from this position as this was asking too much from the Clerk. The Deputy City Clerk has performed this function since the forming of the Commission as the Clerk had the right to delegate someone else. Attorney Gersh reported, that according to the Charter, the City Clerk was the Clerk of various board and commissions. Mayor Conley felt that the Commission should take their oum' minutes and if needed would send them to the Clerk's offfoe to be typed and indexed. Mayor Conley asked that this be looked into. Mayor Conley announced the appointment of Steven Rivkin to the Environmental Commission for a term of four years ending December 31, 1976, and requested approval thereof. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That the Mayor's appointment of Steven Rivkin as a member of the Environmental Cods fdn for it••term of four years ending December 31, 1976, be approved and confirmed. ,, •.' Carried ASSESSMENT BOARD OF REVIEW: Mayor Conley announced that the Common Council appoints this member. The qualifications are that he must be a resident of the City, a qualified elector and an owner of real property in the pity: The courts have ruled that this last part is illegal and he was recommending Russell Patterson for. this position. n By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, That Russell Patterson be appointed to the position as a member of the Assessmen Board of Review for a term of one year ending December 31, 1973. r; Carried NARCOTICS COUNCIL: Mayor Conley announced that he was not going to appoint these members at this time as he felt it was a duplication of services. He would look into it further. ` GREATER ITHACA ACTIVITIES CENTER: Mayor Conley announced his appointments as city representatives to the G.I.A.C. for a term of one year which does not require council approval. Donald Slattery Term expires December 31, 1973 Peter Wallace Term expires December 31, 1973 David Wallace Term expires December 31, 1973 EXAMINING BOARD OF PLMM ERS: Mayor Conley announced that his appointment of Roger Morust' to the Examining Board-of Plumbers was questionable as the requirement calls for a Journeyman plumber. Alderman Wallace asked the Mayor if he was rescinding this appointment at this time. The Mayor informed Alderman Wallace he was rescinding the appointment of Roger Morusty at this time. CITY ROSTER: The Deputy Clerk asked for direction in printing up the City Roster. All appointments have not been made butthe roster was ready to go to the printers with few exceptions In the appointments. By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, That the Deputy City Clerk proceed with the City Roster and sent it to the printers to be printed. Carried F1'IDEN MACHINE: The Deputy Clerk reported that he had advertised in newspapers in Syracuse, Rochester. and Binghamton for the sale of the Friden Machine and had not received one bid. - SEATING ARRANGEMENTS: The Deputy Clerk reported that he had submitted plans to the Superintendent for new seating arrangements for the council. It was bein looked into and a report would be forthcoming shortly. The problem, of the wiring of the mieorphones to be moved and the cost is what he was waiting for. BOARD OF PUBLIC WORKS RULES AND REGULATIONS: The Deputy Clerk reported that he had passed , on to the Board of Public Works the resolution of the council to update the Rules and Regulations of the Board of Public Works on January 24, 1973. PAUL TAVELLI REPORT: The Deputy Clerk reported that Paul Tavelli had advised him that he expected to start prosecution within two weeks. The cases involved did not have enough facts when the folders were pulled. The Building Inspectors were now working to get the facts and will have them shortly. Alderman Stein felt that Tavelli was not pursuing the right course and the council should give him direction. Attorney Gersh felt that the council should give Tavelli direction as to how to pursue if they were not satisfied. Alderman Schmidt felt that Attorney Gersh should convey to Tavelli to take action as he sees fit. Alderman Gutenberger felt that Tavelli should uphold the 18 on the bookd. By Alderman Stein: seconded by Alderman Henderson RESOLVED, T1aat City Attorney Gersh pass on to Prosecutor Paul Tavelli to pursue the matter alt he sees fit. f.°i Carried -3 February 7, 1973 DOWNTOWN DEVELOPM.NT: Attorney Gersh reported that 'he was meeting with'-' ' Dave Abbott and Woolworths Co to w- ork`out the question of the parking lot on Green Street. Thursday he is--.going to NewmYork to'meet with the UDC Attorneys, on the first draft of the final agree- ment and the purchase and &ale agreement and the parking structure operating agreement. Attorney Gersh also reported that the draft of the City's Architect had been made but needs more work on it. When it is ready he will meet with Alderman Jonet' ,Committee'to,see if it was satisfactory. Alderman Barber asked what progress has been tande on the right- bf-way agreements. Attorney Gersh reported that there were thirty of- these, according to George Pfann. Some of these would`require changes. ixi the existing ones and some would require new ones. They would meet with all thirty'`of ,these people involbed. Mayor Conley reported that Rothschilds and Caldwells business agreement was being negotiated and all questions had not been answered as yet but they were working toward this. MINI-POOL: Attorney Gersh reported that he had received a letter from Dr.. Sturgis in reference to the mini-pool. He explained that the city had a license to operate dhd not a ` lease to the G.I.A.C. Building. All capital improvements to the property would bd done by the city but in the event that the license was terminated, the city would be reimbursed for the cost, less depreciation.' The license can be cancelled in thirty days. H felt that the council should have a figure on the mini pool as to cost plus: labor for installing the pool. OC COMMUNITY SERVICE:'BUI'LDING Attorney Gersh reportdd that the first two -'st"eps had been C taken to purchase this building. The Navy Department has declared the building a surplus and has set an appraisal figure of $64,000.00 on it. In talking to them he felt that the figure could be lower. Attorney Gersh reported that a suggestion had been made that the help of our Assemblymen and congressmen should be enlisted to have the Department of the Navy sell. thts to ,the city for the sum of $1.00, as the city has gone to considerable expense in making improvements to the facilities. Mayor Conley reported that the building di€l belong tQ' the• Navy' but the land was ours. He had"talked to the office of Howard c-�Robtsvn; and they would inform,,us if they could"he,Ip� it,'procuring this building';' GLASS` fPXYCLING}`- TRUCK: Controller Daley rep®t tee that the Board of Public Works at its last meeting requested $7,000.00 fora truck for glass recycling. Challenge Industries i:formed Supyr ntendent Dingman that the sum of $9,000.00 was needed for this truck. The Budget and Administration Committee has looked into this and agreed to the 'sum of $7,000.00. A truck will be necessary now if council intends to get into glass recycling and not after final budget. ' ' By Alderman Rundle: seconded by Alderman Schmidt RZSOL�IED, That the amount. of $7,000.00 be authorized to be added to the Board- of Public Works Budget from the Contingency Fund for the purpose of purahasing':a truck tolbe used?=for the Glass Recycling Program. AYES:: 13 ; NAYS: 1 —Wallace _ . EMPLOYEE PARKING: Alderman Stein asked where the request from the Planning Board for employee parking was. He: was informed that this was a condition of employment and was° in the hagds- of the Negotiatnng Committee. AD HOC SEWER- COMMITTEE: Alderman Schmidt reported that the problems with extending water outside of the city to municipalities and the problems of the use of the sewage facilities for the outside municipalities has created a need for future sewage disposal study. He proposed the setting up,. of an Ad Hoc Committee to study this with representatives of the other municipalities. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That this Common Council through the Mayor, invite the, Village of Cayuga Heights, the l'owns o£ Ithaca, Dryden, and Lansing to�•3oin the City of Ithaca -in setting' up_ an Ad Hoc Sever Committee. : If agreeable to the other municipalities, the Ad Hoc Committee will be composed of having two elected repr^rsentatives from each municipality. The function of the committee shall be to study the future sewage disposal needs of the Greater Ithaca Area and to make recommendations to each municipality for the implemgntativnn-�of these findings. ' Carriea SECOND BRIDGE OVER CAYUGA INLET: Alderman Schmidt reported the necessity of a second bridge over Cayuga Inlet to ease the traffic in the west sector. Alderman Meyer thought that the bridge should be further out toward Cass Park. Mayor Conley reported that. a meeting would be coming up on this, and this idea could be presented then."N' -4- February 7. 1973 By Alderman Schmidt: seconded by Alderman Barber WHEREAS, The presence of one major bridge over the Cayuga Inlet presents verious traffic congestion in the west end of the city, and WHEREAS, The consulting firm to the Tompkins County Board of Representatives has recommended the construction of a new:.hospital at the present site, this increasing the necessity of adequate accesses to west hill in the future, NOW THEREFORE BE IT RESOLVED, That this Common Council directs its Executive Committee to work with other municipalities and agencies to encourage the Department of Transportation to consider a second bridge over Cayuga Inlet, and BE IT' FURTHER RESOLVED, That this Common Council by this action indicates it grave dis- satisfaction with the existence of one bridge over Cayuga Inlet brought about by the relocation of the Inlet and rerouting of Highways 89 and 96, and BE IT FURTHER RESOLVED, That these resolutions be sent to the State Department of Trans- portation and to the Honorable Constance Cook and Honorable William T. Stith and that we beseech Assemblywoman Cook and Senator Smith to help this city to obtain a solution to this intolerable situation. Carried EXECUTIVE COKUTTEE: Ald. .Schmidt reported that the Executive- Comm. consists of voting members o t e Chairmen of- the standing committees of council, and in the absence of the Chairman the Vice-Chairman would have the right to vote. All Executive Committee meetings are open to members of council but not in a voting capacity. Meetings will be open to the press except when personrAl financial xsnuberation is being discussed or any other matters of confidential nature. . The regular meeting night is the last Wednesday of the month except when it is pre-empted by a council meeting. All Aldermen will be notified by card of the meetings. CAPITAL IMPROVEMENTS BUDGET: Alderman Slattery reported that the Capital Improvements Review Committee had prepared a Capital Improvements Budget for 1973 and that it exceeded the amount budgeted in the General Fund by $58,000.00. He asked that the Capital Improve• ments Budget be adopted. Much discussion revolved around..the various. projeets. Alderman Rundle reported that he had received a schedule from Superintendent Diagmsa of the .etartitsj and completion dates and asked that this be considered along with the Capital Budget. After some discussion copies_ of Mr. Dingman's schedule was passed around to the Aldermen and Mayor Conley at 9:15 p.m. declared' a five-minute recess so that the council would have,, a chance to look it over. The meeting reconvened at 9:30 p.m. Various other questions were presented as' to the reasons for the starting and finishing dates of the projects, which were answered by Mr. Dingman. The intenj was to approve the Capital Budget items in the amount of $258,000.00 and to approve the schedule of the Superintendent of Public Works. By Alderman Slattery: seconded by Alderman Schmidt WHEREAS, The Capital Improvements Review Committee has prepared a Capital Improvement Program for 1973, and WHEREAS, Said program exceeds the amount budgeted in the Tentative Budget (General Fund) by $58,000, and WHEREAS, There remains a question on the total amount necessary for the State Street Mall. NOW THEREFORE BE IT RESOLVED: 1. That this Common Council approves the 1973 Capital Improvement Budget as proposed by the Capital Improvement Review Committee. ' 2. That $58,000 be transferred from the Reserve Surplus account into the Capital Improvements Account. 3. That the Budget and Administration Committee of Common Council be authorized to approve an amount not to exceed $13,500 for a topographical survey for the State Street Mall, prior to the Superintendent of Public Works letting the contract for said services. By Alderman Rundle: seconded by Alderman Barber Carried RESOLVED, That the tentative project costs and scheduling for 1973 Capital Improvements presented by Superintendent Dingman as listed obelow and Superintendent Dingman be authorized to proceed accordingly. ed -5- February 7, 1973 CITY OF ITHACA - DEPARTMENT OF PUBLIC WORKS GENERAL FUND TENTATIVE PROJECT COSTS AND SCHEDULING FOR 1973 Total Reference Project Start End Project Cost A5: South Aurora-Street Bridge March 1973 July 1973 $ 160,000 116 , files Street Bridge March 1973 Nov. 1973 90,000 27 Pressure Concrete April 1974 Sept.1974 13,000 28 Creek and Retaining Wall Renewal Nov. 1973 June 1974 14,000 (2yrs) 33 Tuning Fork Loop Indefinite Indefinite Not determined 49 Clinton Street Widening April 1973 Nov. 1973 8,000 S. Tioga Street Storm Drain April 1973 Sept.1973 24,500 Or S. Cayuga Street Widening March 1973 Aug. 1973 35,000 Campbell Street Paving June _1973 Nov. 1973 7,800 Ct Carried WEST HILL PARK: Alderman Jones questioned why the MacDaniels Park has not been completed. The city agreed to use funds that were allocated for this to finish it. Supt. Dingman explained that all of the work that was necessary at the time was done. It is a usable open area at this time. After much more discussion Mayor Conley remarked that he would like an over all review of this plan before deciding whether city forces should finish the work or to hire outside forces to finish it. Alderman Jones said that there were other pieces of parks to be finished and they should all be completed. Alderman Nichols reported that a year ago the Youth Bureau in conjunction with the Planning Bureau and the Supervisor of Parks were asked to get togetjier and furnish the council with a-report-ou parks development. , By Alderman Boronkay: seconded by. Alderman Nichols RESOLVED, That ,this natter be referred to the Human Services Committee and repart. bia at the next .meeting. Carried NUSSBAUMER: &CLARK INVOICE:, Alderman Slattery reported the Board of Public Works has approved and referred to, Common Council a.bill from Nussbaumer and Clark in the amount of $3,496.70. This. anount is chargeable to the alternate Raw Water Supply Account which. this Common Council has previously stopped further expenditures without Common Council appr+QVal. The Budget and Administration Committee has reviewed this bill and proposes. the following: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the amount of $.3,496,70 be appropriated-from- the alternate Raw Water Supply Account to pay Nussbaumer and Clark, and BE IT FURTHER" RESOLVEO,That this Council request the Board of Public,Works refrain from further expenditures from this Account and to consider the abandonment of this Capital Project. Carried PARKING RAMP BILLS: Alderman Slattery reported the Budget and Administration Committee has reviewed,biXls submitted by Warner, Burns, Toan and .Lunde- and Richard I. Mulvey, Esqui-ea "for .services rendered for the parking ramp. By Alderman Slattery: seconded by Alderman Jones RESOLVED, .That this. Common .Council approves the payment of ,the following: Warner, Burns, Toan and Lunde . $6,490.92 Richard -1. Mulvey,_ Esq. 418.91 Carried EXECUTIVE PAYLgLL: Alderman Slattery reported the, Budget and Administration Committee has received the study of the Executive Payrolls from Value Management, .Inc.. They .have met with the consultant and are presentiy working on a recommendation for this Council. -6- February 7, 1973 PIERSONS DUPLICATING PRODUCTS-; Alderman Slattery reported on December 6, 1972, this Council approved the purchase of a Mimeograph Machine from Piersons Duplicating Products, and on December 27, 1972. A. B. Dick filed a complaint to this Council that he did not believe he- was quoting a price but rather giving an estimate. It was the decision of the Budget and Administration to give each vendor of mimeograph equipment_a-weeks trial and request a purchase price. When this has been done the Finance Department will make a decision for purchase because it is less than $1,000. Therefore3-'--- is the recommendation of the Budget and Administration Committee as follows: By Alderman Slattery: seconded by Alderman Gutenberger. RESOLVED, That the Resolution adopted on December 6, 1972, authorizing the purchase of a mimeograph machine from Piersons Duplicating Pro.&tats be rescinded and that the decision for purchase of said equipment be left to the Finance Department. Carried Acting Mayor Glen Schmidt took over the chair of Mayor at 10:00 p.m. AUDIT: Alderman Slattery reported that each Alderman has a copy of the-audit and will note there are three figures; the regular monthly audit and two billings from contractors. Alderman Jones criticized the way the vouchers were being retuxned'by' the department heads for payment. The forms are not being filled out completely and are not being signed by the department heads. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the bills audited and approved by the Budget, ,and Administration Committee in the total amount of $19, 47. 71 as listed on Audit !Abst'ract X12-1973 be approved for payment. Carried RAYMOND, PARISH AND PINE INVOICE: Alderman Slattery presented an invoice from Raymond, Parish and Pine, Inc. for services for the community renewal program. Alderman Wallace asked if, the update of.,this particular account as to amount expended was available. Aldertiatr"Stein reported that approximately 90% of this project was completed. By Alderman Slattery.: seconded by Alderman Barber RESOLVED; Ti'et'',the"invoice submitted by Raymond, Parish and Pine, Inc. for $4,545.50 for profe`ssional 'eeivices rendered for the community renewal program be approved for payment. y, Carried LEVATICH, MILLERS HOFFMAN PC .INVOICE: By Aldeman Slattery: seconded by Alderman Jones RESOLVED, That the invoices 'submitted by Levatich, Miller, Hoffman PC for $2,500.00 for professional services eompletiog Phase I of the State Street Mall be approved for payment. Alderman Stein said that he would like a report from the architect so, that he would-know Phase I was complete. Alderman Jones did not feel that the contract was complete until Levatich and Miller had presented the Planning and Developmenv Committee with a presentation{ of Phase I as called for in the original work outline. The Planning and Development Committee would meet next Thursday at 7:30 p.m. in the Planning Board with the architect to receive the report from the architect and to work with the architect in setting up Phase II. After some more discussion Alderman Slattery withdrew his original motion with his seconds concurrence and presented the following resolution: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the invoices submitted by Levatich, Miller, Hoffman PC for $1,250.00 for professional services on Phase I of the State Street Mall, be approved for payment and the balance of the bill held in abeyance until completion or presentation or submission of finalized plans of Phase I. Mayor Conley resumed the chair at this point. Carried CASS PARK CONCESSION: Alderman Slattery reported that the Youth Bureau had requested $12,000.00 for operation of various concessions at Cass Park Ice Rink. This cost would be offset by revenues taken in. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the sum of $12,000.00 be included in the final budget for Cass Park and " that this amount be offset by the inclusion of $12,000.00 in revenues. Carried FULL TIME 'CITY ATTORNEY: Alderman Slattery reported that the Budget and Administration Committee has reviewed the request of the City Attorney for a full time City Attorney and defers their recommendation until they meet with the City Attorney to discuss the details. TOMPKINS COUNTY VOLUNTEER CENTER REQUEST: Alderman Slattery reported the Budget and Administration Committee has reviewed this request and recor-ends denim of said request pending the centers exhaustion of other alternatives for financing. ; 1 11-1 -"_5 -1 -7 February 7, 1973 POLICY ON HEALTH INSURANCE PREMIUMS: Alderman Slattery reported that the Budget and Administration Committee has reviewed this request and referred same to the City's Negotiating Team because it is` a condition of employment. CENTRALIZE PURCHASING: Alderman Slattery reported the Budget and Administration Committee is continuing to investigate the possibility of Centralize Purchasing. BULLETIN BOARD: Alderman Slattery reported that the Budget and Administration Committee has authorized the purchase of a reversible bulletin board and chalk board for Common Council Chambers and it has been ordered. CHIEF WEAVER'S LETTER AND FIREFIGHTERS GRIEVANCE: Alderman Slattery reported that 'the Budget and Administration Committee has referred this matter to the City's legal counsel for review and recommendation. Attorney Gersh reported that Chief Weaver had recommended that the request be approved as he concurrs in this matter. This would amount to a gross pay adjustment of $105.00 and there is money available in account A3410-101. Alderman Rundle`asked `if 'this was the same type of grievance as presented by the Police Department for their Captain's. Attorney- Gersh answered no. Controller Daley asked if this was retroaetive :aad'was informed that ,it was, effective October 1, 1972. Alderman Rundle questioned the legdlity-of'gding back to 1972 when the Tentative Budget for 1973 has been approved. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That the recommendation of the City Attorney be accepted and the money be paid out of Fire Impartment Account-!tA3410y Salaries, Sub Account 101, and BE IT FURT'RkR RESOLVED, That this be.-nade; retroactiye. to October 1, 1972, subject to proper legal approval'. Carried GEORUE "PFANN STATEMENT: Alderman Slattery reported that the' Budget and Administration Committee does not have a report on this matter at this time'., DEPUTY CITY CLERK: By Alderman Slattery: 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 January 1, 1973,until a City Clerk has been appointed. Carried REVENUE SHARING: Alderman Wallace asked if it was possible for the Finance Committee to report :'.a`' . systematic approach of the channeling of monies for the projects and the channeling of the requests. The Mayor reported that the City Controller and himself were going to a meeting in Washington in March in dealing with this subject All information so far is not to plan use of federal revenue sharing until this is es'tablished. Alderman Wallace asked that a systematic approach to priorities be established, not the spending of the monies, as people have asked about this and he would like to tell them who to contact ' for the answers. Controller Daley reported that guidelines have been set and Alderman Wallace's request should be responded to. Controller Daley reported that two checks 'have been received and were invested. Alderman Nichols reported that part of the reason for the federal revenue sharing was to shift federal funding to local funding. We should wait and see what programs should be covered. By Alderman Schmidt: seconded by Alderman Gutenberger RESOLVED, That the Budget and Administration Committee be charged with making recommendations to this Council on the use of federal revenue sharing funds. Carried PARKING - SENECA AND FULTON STREETS: Alderman Stein presented the following motion from the Charter and Ordinance Committee: RESOLVED, That parking on the northeast side of Fulton Street, Buffalo to Seneca Street, -.} Seneca Street to Leary Coal Yard be two hour parking. After Much discussion as to the wording of the descriptions of this,, Alderman Stein withdrew his notion so that the:; Charter and Ordinance Committee could come, up with a' clearer description 'of the areas in question. , Mk TAGS: Alderman Stein,_reported that .the item of Name Tags was still under considera- tion by the Charter and Ordinance Committee. PAN-A-VIEWERS: Alderman Saccucci asked if there had been any progress on the pan-a-viewers at Stewart Park. Alderman Meyer reported that a company in Connecticut will send a representative to Ithaca in April to look this over. It is a concession type of operation with the city receiving one-third of the income if the operation is proved feasible. The company will install and maintain the pan-a-viewers.It is a possibility that other areas could be used for this also, such as Cass Park. -8- February 7, 1973 POLICE CHIEF: Alderman Gutenberger reported that the Public Safety Committee, the Police Commissioners and the Mayordid meet and agree to interview all three candidates who finished` in the top three of the exams. .The •decision will be forthcoming very ,soQn, YOUTH BUREAU ANNUAL REPORT: Alderman Nichols reported that the Youth Bureau's Annual Report had been distributed to the Aldermen. TOWN OF ITHACA - YOUTH AGREEMENT: Alderman Nichols reported that the annual agreement with the Town of Ithaca and the Youth Bureau had been .worked out and was ready to be signed. By Alderman Nicholst seconded by Alderman Wallace RESOLVED, That the City of Ithaca enter into a one-year agreement with the Town of Ithaca for recreation services rendered by the City Youth Bureau, in the amount of $12,686.00 and that the Mayor be authorized to sign the, agreement. Curried SOUTH HILL PLAYGROUND:' Alderman Nichols reported that the Board. of Public ,Works had sent to Council a resolution asking that a policy decision be made as to whether to continue to negotiate with the school board or to abandon the idea of the South Hill playground. Alderman Nichols brought the Council up-to-date as to the negotiations the City Attorney had done. Attorney Gersh reported that the Board of Public Works felt this was a.policy iiiattet^ whether this was creating a precedent.or whether this was obligating the^city to A' `4r6Ws'' other arras in conjuration with other agencies. He felt that- this: was a policy question first and if approved this concept, then the negotiations that had been worked on so far would follow. Alderman Meyer had reservations on this as she felt that all areas of the city should be ,=looked"into and there should be established_ a priority system and an overall plan for playgrounds. Mayor Conley informed her that there was an overall plan and this was the first step in implementing it. Alderman Boronkay said that we were at point' right now where the question is yes or no on the playground. Alderman Jones brought up the question `of whether the Town of Ithaca children would benefit more as there were supposedly more children outside the city who would use this than city children. She had investigated this and out of the 450 children who attend the school half of them live in the city. By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, That the City Attorney be instructed to continue negotiations with the Attorney of the Ithaca City' School District with the project in mind of developing, a park in the South Hill' Blayground. AYES: 13 NAYS: 1 - Meyer CASS PARK RINK EXTERIOR CHANGES: Alderman Nichols reported that she had three resolutions concerning the Cass Park Recreation Area and presented them as follows: By, 'Alderman Nichn'ls:' „ seconded by Alderman Wallace 41HEREAS, The need-for additional protection for the ice rink at Cass Park has been indicated, °,-rand WHEREAS, The otitdoor�-!planting 'season will begin in less than- two months, and WHEREAS, Considerable liddscaping,work is scheduled for the lcejskating rink and swimming Pool facility at Cass Park, NOW "THEREFORE BE IT RESOLVED, that this' Common Council does hereby request the Board of ' Public Works to oversee the installation of screen fencing of `the. riaxinuta height and thickness permitted under existing federal regulations for outdoor facilities, said screen fencing to be installed so as to provide a windbreak and shelter:for the ice-skating rink .at Cass Park, and BE IT FURTHER RESOLVED, that the wind-barrier qualities of the screen fences shall be increased by the planting of non-deciduous trees and shrubbery in conjunction with said screen fences, and BE IT FURTHER RESOLVED, that this Common Council does request from the Board of Public Works before Ap'r`il 15, 1973, a report on the scope and nature of the fencing and _plant materials to be installed at the Cass Park Ice Skating Rink and cost estimates 'of any expenditures not provided in the 1973 Tentative Budget. After much discussion Alderman Gutenberger presented the following resolution: ' By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, That the resolution be referred back to the Public Works Committee of Common Council, and BE IT FURTHER RESOLVED, That the Public Works Committee work with the Board of Public Works to resolve these questions and to report back to this Council. Carried i, r ; yJ`. -9- February 7, 197_ CASS PARK RINK - INTERIOR CHANGES: ,. By Alderman Nichols: seconded by Alderman Slattery WHEREAS, during the first season.of :operation weaknesses in the design and construction of the Cass Park Skating Rink owned by the-.City of Ithaca and operated by the Ithaca Youth Bureau have been a cause of public concern and have interfered with the full use and enjoyment of said Cass Park Skating Rink, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby request the Board of Public Works to oversee the removal or replacement of all hazardous or inadequate components of the Cass Park Skating Rink before the opening of the 1973-74 ice skating season. The suggested alterations shall include but not be limited to the following and are designed to protect the spectators as well as skaters from avoidable dangers: 1. Dasherboards to be reinforced or replaced with more-resistant materials. 2. Chain-link fencing to be replaced by impact-resistant barrier material 3. Location of exits and entrances to be changed where shown advisable by this season's experience. 4. Provision of a larger area for dressing and skate changing to bring improvement in the present dangerous overcrowding of the dressing room space. AND ;IT ISFURTHER RESOLVED, that this Common Council does request from the Board of Public Works a report on the scope and nature of proposed alterations in the Cass Park -Ice Skating Rink and cost estimates of any changes not covered by existing contractual agreements before May 1, 1973. �» After much discussion on this it was the consensus of opinion that this should be referred back to committee with the first resolution. By Alderman Wallace: seconded by Alderman Schmidt RESOLVED, That the resolution be referred back to the Public Works Committee to work ,with the Board of Public Works to resolve ' _�hese problems and to report back to this Council. Carried CASS PARK RINK USE BY THE PUBLIC: Alderman Nichols reported that there has been dis- satisfaction with the amount of time that the public has for use of the Ice Rink. Too much time is allocated for hockey and not enough time for public skating. Youth Bureau Director, Robert Cutia:,, reported that the hockey time was 36 1/2 hours per week, and the public time was : 67,..l %2 hours per week. His staff put in long hours but they cannot satisfy e=verybody. He was working with the various groups who were using the rink and they - were working toward making more time available for public use. This was the first year of operation and as it was new they were trying to solve the various problems that arose.. Since January 1, they have been opened eight to ten hours a day. There were approximately ` ' 6,0001hockey skaters using the rink and approximatley 30,000 using the rink for public skating., Alderman Wallace felt that something should be done to keep the kids off of the side rails as they might fall off and get hurt. Alderman Wallace .thought ,there was enough funds in the budget to extend the rubber mat at the door used by the public. By Alderman Nichols: seconded by Alderman Wallace WHEREAS, during the first season of operation of the ice-skating rink at Cass Park it has become obvious that the contractual arrangements that were made with organizations wishing to purchase blocs of time for hockey leagues and other groups restricted the number of hours of ice time available for skating by the general public. NOW THEREFORE BE IT RESOLVED, that .this Common Council does hereby request the Youth Bureau Advisory Board to carry out its stated intention of giving preference to general public skating at the Cass Park ice skating facility by gcheduling general public skating during at least two hours every day, said two hours to be during the so-called prime time after school or in the early evening, with public sakting to take precedence over any other use. Carried HOUSING AUTHORITY: Alderman Boronkay reported that the Ithaca Housing Authority rental fees were -too high and the'city might be asked to pick up the costs. Alderman Saccucci asked if `the Ithaca Housing Authority was making the tax payment of 10% of the rents that were agreed upon. Controller Daley reported that they were not but that he was investigating this. McGraw has made their payments, Titus Flats will make theirs,and . Urban Development Corporation will come in. CONWAY PARK: Alderman Jones reported that the Planning Board has made recommendations as 't--- to Conway Park and presented the following resolution: By Alderman Jones: seconded by Alderman Saccucci RESOLVED, That the Planning Department prepare a more detailed plan for interim improvementp to Conway Park, including shrubbery and benches, a higher level of illumination and .repair an existing fence and that such plan be submitted to the Board of Public works for the Superintendent's cost estimates and thence to the Common Council for final approval. Carried t7 -10- February 7, 1973 COMMUNITY RENEWAL PROGRAM AND REVENUE SHARING: Alderman Jones reported that federal fund cut backs would effect the Community Renewal Program and that federal revenue sharing was intended to offset programs of this nature; the Planning Board would like part of the revenue sharing to be designated for projects of this nature. By Alderman Jones: seconded by Alderman Saccucc.i.,- i RESOLVED, That the request of the Planning Board,.regarding implementation and funding of actions and programs for community improvement and the Planning Board's request for Commolt `' Council consideration of revenue sharing funds for action and planning areas be referred to the Budget and Administration Committee. Carried YOUTH BUREAU ANNUAL REPORT: By Alderman Nichols: seconded by Alderman Wallace RESOLVED, That the annual report of the Ithaca Youth Bureau be accepted and the Deputy City Clerk be ordered to file same. ,a Carried PARKING RAMP FEES: Alderman Boronkay questioned the resolution that the parking ramp fees were not to exceed 15c per hour. He wanted to know if this included contract parking . and monthly rates or did this eliminate using this for monthly parkers. Attorney Gersh rrgspQnded that it was the intent to use, rw more than 10% of the space for long-tern parkinW, ,,;wjeekly or longer, and that this was the first draft. Monthly rates can be charged at a X#gure to `be agreed upon. COUNTY PARKS RECREATION AND COMMISSION: Alderman Slattery reported that he had sent out letters to the Board of Representatives asking for a meeting to be set up to look into a tounty_Parks .CQ=- He did not receive any answers to his letters. Alderman Wallace report that a meeting was to be held on February 20th with various committees and that this matter.: would be discussed. Alderman Nichols reported that the county should take over some of tfie city's parks and recreations areas as the county could get better reimbursement than the city. By Alderman Slattery: seconded by Alderman Nichols RESOLVED, That the Mayor be directed to contact the Chairman of the Board of Representative and request that the appropriate committee of that body meet with the Hunan Services Committee and the Executive Committee of Common Council for the purpose of discussion and possible implementation of a County Parks and Recreation Commission. Carried ,SENIOR CITIZENS: Alderman Saccucci reported that the Senior Citizens live on a fixed income and in the event .-.of a snow storm had to pay out extra money to have sidewalks shove d. Many times after they had paid to have the work done the city's plows come along and put tke snow back on the walks and driveways. This necessitates more money to be spent 5 by them to have the job done over again. He felt that there was a remedy needed to alleviate this situation. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That this situation be referred to the Board of Public Works to work out a solution and to report back to this Council. Carried Mayor Conley adjourned the meeting so that the Council could go into Executive Session at 11:40 p.m. r �� Robert G. Grey, Deputy City, Clerk Edward ,J. Conley, Mayor r� �X a i Kf �l COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. March 7, 1973 PRESENT: Mayor -•Conley Aldermen (13) - Barber, Saccucci, Slattery, Wallace, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Stein ABSENT (1) - Henderson OTHERS PRESENT: Police Commissioner - Spencer Attorney - Gersh °..=.1' l^; Comm:'° 3ioner - Jo:-,As Supt. of Public Works - Dingman r: ;or - Meigs Fire Chief - Weaver F-.-:.actor Urban :- cwal - Brown Police Chief - Herson A8 Lant Controller - Sp5r.o Youth Bureau Director - Cutia Deity City Clerk - Grey MINUTES: By Alderman Saccucci: seconded by Alderman Barber RESOLVED, That the minutes of January 17th, 31st, and February 7, 1973, be approved. Carried N O FIRE CONTRACT: Charles Weaver, Chief negotiator for the city, reported on reaching �- an agreement with the Ithaca Paid Firefighters Association. He gave credit to the negotiators and th.e consultant for the city Professor Robert Summers. Term of agreement is January 1, 1973 to December 31, 1974. The same benefits are provided in the new contract that were in the old contract with the exceptions that in the clothing allowance transfers will be allowed between firemen. . In sick leave accumulation will be one day per month when under the old contract 14 days per year were allowed. In 1973 the agreement provides for a 42 across the board for wages .for all employees. In 1974 for a 4% across the board. These raises are intended r a cost of living adjustment. A 2% increment for all employees is also included pptovided that they are not at maximum step. The negotiation committee recommends approval of this contract. ty Alderman Slattery: seconded by Alderman Barber RESOLVED, That the two year agreement between the City of Ithaca and the Ithaca Paid Firefighters, Association, ,effective January 1, 1973, for the year of 1973 and 1974 be approved as recommended by the city's negotiating committee and the Mayor and the Deputy City Clerk be authorized td sign and execute the Contract on behalf of the city under its corporate seal. (Cody attached to minutes) Carried Alderman Jones asked that the two resolutions pertaining to the South Hill Playground and the report of the City attorney appear on the agenda at the appropriate time. No objections were raised and Mayor Conley reported that they would appear at the appropriate time. Alderman Stein reported that he had an item in respect to street name that should appear under the Charter and Ordinance Committee. No objections were raised and the Mayor ruled that..the item of street name would appear at the appropriate time. Alderman Rundle reported that the item of standardization of Parking Meters be added to the Public Works Committee. No objections were raised and the Mayor ruled that this would be added to the agenda at the proper time. Alderman Nichols reported that under the Human Services Committee she would like to report on legislation that is in Albany. No objections were raised and the Mayor ruled it would be added to the Human Services report. Alderman Jones reported that the Budget and Administration Committee would like to add the request to extend the warrant for collection of State and County Taxes. No objections were raised and the Mayor ruled it would be added to the Budget and Administration Committee's report. LOCAL 109 OF THE PLUMBERS UNION: The Deputy Clerk reported receipt of letter from the Plumbers Union in respect to appointment of a member but the Mayor will report i on this under appointments. Nrd Y!'EK ST411 CONFERENCE OF MAYORS: The Deputy Clerk reported receipt of a request for a listing of all City Executives or Elected Officials with twenty five years service. At this time the City does not have anyone eligible and has so notified them. ENVIRONMENTAL COMMISSION CLERK: Mayor reported that the Environmental Commission did not take any action on .the request of a clerk for the Environmental Commission due k of a quorum. This would remain on the agenda until after their next regular -2- March �y EXAMINING BOARD OF PLUMERS: Mayor Conley reported that he is appoihtinj % L. Drader of 215 Willow Avenue to the Examining Board of Plumbers. I*W CODES R COIrIl�tC_ TUBt Mayor Conley reported that he was appointing -, Joh1k Alexander of the Housing Board of Review and Russell Patterson, a local realtor to the Codes Review Committee. NARCOTICS GUIDANCE COUNCIL: Mayor Conley requested that this item be removed from the agenda because of the establishment of a drug co-ordinator at the county level. By Alderman Schmidt seconded by Alderman Barber RESOLVED, That the item of Narcotics Guidance appointments be removed from the agandio""', until such a time as it is needed. Carried % , NATIONAL LEAGUE OF CITIES CONFERENCE: Mayor Conley reported on his trip to Washington. The administration was eliminating federal programs and returning control to local communities and let the local communities solve their own problems. The Mayors Citizens Advisory Committee will be the sounding board as a diverse group of'people in the community. This group is intended to be a very diverse group to take in all elements of the city and at this time appointed Jason Whitman from Alpha House. Mayor Conley asked Council to think about this and to look and see if others could be added to this group. This way discontinued programs could be picked up. The Advisory Council should be a representative of the community and he will try to make it so. COUNTY PARKS AND RE CREATION ,COMMITTEE: Mayor Conley reported that he though this was for the appointment of city representatives to talk with the county as to a County Parks and Recreation Committee. Alderman Slattery reported that this matter was going to be handled by the Executive Committee. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the Executive. Committee be empowered to netotiate on behalf of the city in discussions with the county on the possible creation of a County Parks and Recreation Committee. Carried Alderman Slattery reported that he would like the G.I.&C. Report at the special p meeting contemplated this month. ,SEATING ARRANGEMENTS: The Deputy Clerk reported that the Superintendent will have the new seating arrangements by the next meeting. Alderman Jones questioned whether it was plan two or plan four. The Deputy Clerk informed her it was plan four that was ,*Ing used Question of the amount of $200.00 which was the estimated cost of moving the .sound syaitem was brought up and this money would have to be appropriated from the contingency fund. Alderman Slattery said this would be discussed at a recess. WARD MAPS AND ROSTERS. The Deputy Clerk reported that the ward maps andgthe city rooters had been printed and were now available. NOVEMBER ELECTIONS: The Deputy Clerk reported that the Board of Elections had re- quested a list of the offices that would appear on the November Election and he had reported that the office of Mayor, Five Aldermen, Five R —PR 4sbew and the City Judge were reported to.ahem. 've,�5 VOTING MACHINES: The Deputy Clerk reported that the city is on a replacement program of,one machine a year. The voting machines are approximately $1,850.00 each. A privit -out-W be added to these machines for $180.00. This print out takes a; total before aqd after the use of the machines. The read out can be given to the Hoard of Elections without disturbing the totals on the machines and in case of questions or recounts this is very helpful to the Board of Elections. There are about four of this .type of machines in operation in the county now. As long as the replacement program is being used we could update our new'machines with this addition. Some ` discussion revolved around this and it was decided to look into it further. LANDMARKS PRESERVATIOI7CONf ME• The Deputy Clerk read a letter from Jonathan Meigs, secretary of the Landmarks Preservation Committee who reported on the following resolution passed by the Committee: "By `Mr. Roberts: seconded by Mr. Hemming We approve the DeWitt Park Improvement Committee's proposed modifications to the plan adopted in 1969 by the Committee and the City government (The Mann Plan), which modifications we .understand are intended to reinforce the concept of the Mann Plan, namely to make the park primarily a ploosantt place to linger in and enjoy, -3- March 7, 1973 rather than a shortcut for pedestrians. The Landmarks Commission gives this approval while feeling that both objectives - enjoyment and ease of traversing - are attainable, and recalling the traditional function of the park, we suggest that should the proposed modifications not prove successful in their objective after a -reasonable period, the city and the DeWitt Park Improvement Committee give serious consideration to restoring such portions of the former diagonal sidewalks as appear desirable. We further urge the city to make these improvements in the current year." Mr. Meigs further reported that the commission feels that the efforts of the committee to improve some of the features of the park plans as it is now are commendable and also feels that the original walkways might better have been incorporated in the Mann Plan, and urges the city to reinstall them if the opportunity presents itself. ITHR A COLLEGE., The Deputy Clerk reported a letter from Ithaca College inviting the Council to attend a discussion of the Financing of Higher Education to be held on Sunday, March 11, 1973, at 4:00 p.m. in the Main Theater, Performing Arts Building on the Campus. DOG tNUMERATORS: The Deputy Clet•k reported a letter received from the Department of Agricul ure and Markets in respect to the city's dog census. If the city elects to cause ckttstid to be made by enumerators it must make such election by the adoption of an ordinance or resolution before June lst, of each year and file a certified copy thereof wish the Commi§sioner before such date. A city which males no election by resolution or ordinance must cause the dog census to be made by Sts police department. N After slime discussion as to proper Committee O By AldefftiAA Sd6iAi: deconded by .Alderman Jones RESdtil), That the letter from the Department of Agriculture and Markets pertaining tb Dog . thundrators be referred to the Public Safety Committee. Carried VEHICLE A�ANDOUMENT: The Deputy Clerk reported that the police department had informed him that under their authorization, 34 vehicles had been towed away by various towing services. The amount of towing charges was $430.50 which has not been paid. The towing services were asking for their money on this. Storage charges amounting to over $7,200.00 had been accumulated against these vehicles. Also there are parking-viola- . *_ions against these vehicles. According to the Vehicle and Traffic Law 1224 Section C - title vests in the local authority five days after the owner has been notified or . notice has been mailed to either the last known owner or in case of a lein or mortgage `existing and known to the local authorites to then. A public auction will be held five days after notice has been mailed. Money is needed now to pay the towing services for their charges as some of these go back two years and have not been paid. Section . 1225 .paragraph 8 says that the last registered owner of an abandoned vehicle shall be responsible to the local authority for the cost of removal and storage. In many of these cases the dwner is not known. After much discussion By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, That the matter of abandoned vehicles and the cost of towing charges and storage charges be referred to the Public Safety Committee and the Budget and Administration Committee. Carried DOWNTOWN DEVELOPMENT: Attorney Gersh reported that he had sent to each Alderman a copy of each agreement that had to be prepared as part of this project. This list is for thirteen separate contracts, and as it progresses there might be other agreements that we do not now see. Of the thirteen on the list, nine are now complete or in the final stages of being drafted. Three of these contracts are the State Urban Development Corp. and the other four parties which is the development agreement, Another is the can-tract between the City and UDC regarding the purchase and the sale of the parking facilities and the third one is a contract between UDC and Caldwell for the purchase & sale of the parking facilities. It looks as if some of these agreements the city should not be involved in but the city is involved in all of these. The nine contracts that are in the final stages are as follows: The development agreement (5-part agreement) purchase & sale agreement between Caldwell and UDC, purchase and sale agreement between UDC and the city, the operating agreement which effects the operation of the project. The Caldwell Contract between Caldwell and the Siegfried Construction, the assignment of the Warner, Burns contract, to Caldwell, the city's architect contract for our architect. The purchase and sale of the department store agreement, between Caldwell and Rothschilds and the land disposition agreement. These are the nine contracts. _ The city architects contract is now prepared and been examined by the Planning and Development and suggestions made by them are incorporated: into the contract. The old municipal comfort station in back of Newberry's which was sold to Rothschilds with a repurchase clause, now we have received from Rothschilds, the necessary financial data which was needed to repurchgpp this property. Price to buy back is $15,900.00. Attorney Gersh has asked for more substantiation before bringing it to Council for finalization. 14; The right-of-way have been received from our real estate expert. He has not completed a final list, -4- March 7,, 1973 but we do have a partial list of the west side of the project. In essence we are giving sixteen feet of right-of-way for a twelve foot right-of-way. A deed can now be prepared showing a specific.right-of-way. A partial list of ten owners are involved. Department of Transportation has approved sale of the parcels they own in this area, at a price of $2.58 per foot. The status of the project as far as the lawyers are concerned is nearing completion. Meetings will be held between all parties between Buffalo and Ithaca and New York weekly, and first meeting will be held next Wednesday in Ithaca and weekly thereafter. MINI POOL: Attorney Gersh reported that Supt. Sturgis has advised him that he has agreed to the location of the Mini Pool at the G.I.A.C. site. Wbat remains to be don( is to decide on the specific location. We would like the west side of the school j for location and the scchool would like the north side. SOUTH HILL PLAYGROUND: Attorney Gersh reported that the Board of Education has agreed to the following: That the Board of Education has agreed to' issue a license to the city for the use of its land, The city will design and construct a playground at the lower field beside the south hill school building, The Board'of Education will give $2,500.00 toward what is estimated to be a total of $11',000.00 cost. In addition to the money and the use of its land it has also agreed to maintain the playground at its sole expense forever and will accept full legal liability. In the event the license is term:iiated the city will be reimbursed for the cost of the equipment less depreciation. Alderman Jones reported that in California this has been done and that they are very satisified with their arrangement. She wanted to remind Council that this may hav-e to go out for bid. Alderman Jones also pointed out that Intergovernmental'.. co-operation in the savings of tax dollars is an opportunity that does not often come along. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the City Attorney be directed to complete the contract with the Board of Education with the stipulations that the City Attorney has presented to Council. ;Q t Carri� ' Alderman Jones: seconded by Alderman Boronkay OLVED, That the Budget and Administration Committee establish South Hill School Playground as a capital project which has already been recommended,by the Capital Improvements Review Committee and request funding by Common Council at their earliest convenience Carried NOISE POLLUTION: • Attorney Gersh reported that he had met with students taking Environmental Law at Cornell and has solicited their help in researching Noise Pollution. Chief Herson has discussed enforcement with them. He felt that after this group has completed their study that a stronger legislation could be drafted to enforce the Noise Laws. Alderman Stein asked if the problem of- traffic' noise on East State Street could be brought to their attention as this has existed for some time. MUNICIPAL CONSULTANTS: The estimate of $10,800.00 that the Council authorized in the contract for -Municipal Consultants has not been acceptable to them. They felt that it was limiting them in their work. He has been successful in inserting this in the contract and the contract is now ready for signing. They are talking in terms of making changes without having to go to referendum. It would be considered as an updating of the Charter and Ordinance. Boning, Housing and Building Codes would ,all be considered. P.B.A. GRIEVANCE:, The grievance filed by.the P.B.A. has been withdrawn by them and has shown that they are concerned more with good law enforcement than they are with technicalities of the contract. We have advised them that we- are• aware that this is an improper action and will. not happen again. i FIRETRUCK ACQUISITION FUND: Assistant Controller, ',Spano, ,reported that a letter had been .received from the Board of Fire Commissioners asking-that the Firetruck Acquisition Fund be closed out'. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Fire Engine Acquisition Capital Project be declared complete and that the balance of the fund be released. Carried a A ; 5 -5- March 7, 1973 TAX ANTICIPATION NOTES: Assistant Controller, Spano, reported .it is customary this time of year to ask for authorization to borrow money until our taxes start to ,come in, °in order to operate: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That pursuant to Section 24 of Article 2 of the Local Finance Law of the State of New York, the City Controller is hereby authorized to borrow money in the name of-and-on the credit of the City of Ithaca for current City expenses normally paid out of the regular Tax Levy and for the purposes of which such Taxes are or may be levied by the issuance of a negotiable note or notes in an amount not to exceed $400,000.00, and that such note or notes shall be issued in amounts as may be needed in anticipation of the collection of City Taxes for the current fiscal year of 1973 with local Banks or with Water, Sewer, Revenue .Sharing or Capital Funds of the City of Ithaca at an interest rate of not to exceed 4%, and BE IT FURTHER RESOLVED, That the full faith and credit of the_:Cty_ of Ithaca hereby are pledged for the payment of and retirement of such temporary .Tax loans before the close of said fiscal year and out of Taxes to be received for t4 current fiscal year. Carried MRS. SUZANNE BORDONI: Assistant Controller, Spano, reported that Mrs. Suzanne Sordoni has passed her Civil Service test and would like appointment of her to permanent position. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That Mrs. Suzanne Bordoni be appointed permanently to the position of Account Clerk in the Finance Department at an annual salary of $4,614.00; that her appointment shall become effective immediatley; and that it shall be subject to the usual probational period. Carried TAX WARRANT: Assistant Controller reported that the City Chamberlain would like authorization to request the County of Tompkins to extend its warrant for collection of taxes. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for the collection of 1973 State and County Taxes until June 1, 1973. Carried Mayor Conley declared a recess at 8:50 p.m. Meeting reconvened at 9:00 p.m. SEATING ARRANGEMENTS: Alderman Slattery passed around the plan for the new seating arrangements known as plan four and reported that he had checked with the Superintendent and it is one that can be changed at a future date when the Aldermen change from fourteen to ten. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That Floor Plan No. 4 be adopted by this Common Council as presented here tonight and that the sum of $200.00 existing in account # A1620 A-419, City Hall - Building Maintenance Account be used for this purpose. Carried LEVATICH, MILLER, HOFFMAN INVOICE: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the balance of the bill for Phase I of the State Street Mall in the amount of $1,250.00 be approved for payment. Carried FULL TIME CITY ATTORNEY: Alderman Slattery reported that the Executive Committee has requested Value Management Consultants, Inc. to prepare job specifications and to establish a salary range for the position of full time attorney. Alderman Wallace asked if there was any money involved and was informed approximately $150.00 would be the cost. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the item of full time attorney be referred to the Executive Committee for further reporting. Carried CENTRALIZED PURCHASING: Alderman Slatte resorted that no further investigating is being done at this time on centralize7an�d .wasnfequesting the removal from the agenda of this item. Alderman Stein reported that the intent was to continue to work on this but to remove it from the agenda until a later date. -.lderman Slattery: seconded by Alderman Schmidt ' LVED, That the item of Centralized Purchasing be removed from the agenda until _.ster date. Carried 9 -6- March 7, A,973 GEORGE PFANN STATEMENT: Alderman Slattery read a letter from George Pfann `t1b Attorney Gersh dated January 3, 1973. It was a statement submitted by Mr. Pfann for services rendered to date as of January 3, 1973, explaining his hour's of work, and what else would have to be done. Attorney Gersh reported that he agreed an the amount of work involved and had asked Mr. Pfann to submit an interim bill so that we could not be hit with a large bill all at oW.e as the sum of $500.00 authorized was inappropriate. Attorney Gersh felt that the price on the premium could be adjusted as this could be to our advantage to put a lower price on the premium as that is more closely part of the project on -which Caldwells percentage will be based. Alderman Slattery asked Attorney Gersh to contact Mr. Pfann and report back at the special Council meeting. REVENUE SHARING: Alderman Slattery reported that there is no recommendation at this time as to the use of Revenue Sharing money. The Committee is waiting until the CRP study is presented to the Council. He pointed out that we have two years in which to come up with recommendations on how to spend this money. Alderman Wallace asked if the Budget and Administration had set procedures as to how to process the applications. -Mayor Conley felt that any organizaton that was interested in this Revenue Sharing should approach the Common Council in respect to this and he did not feel it should be done at committee level. TRANSFER OF FUNDS REQUESTED BY THE BOARD OF PUBLIC WORKS: Alderman Slattery reported that the Board of Public Works had requested the following transfers and he would present them item for item for consideration. Amount : $450.00 From . General Fund Contingent Account A1990 To . Cass Park Pool and Rink Account A7180B-418 Purpose: To provide funds for sharpening blades on the Ice Resurfacer unforseen at time of submitting Tentative Budget request. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the transfer of funds requested by the Board of Public Works is hereby approved as recommended by the Budget and Administration Committee. Carried Amount : $150.00 From . Community Service Building Account A1620C-302 To . Community Service Building Account A1620C-419 Purpose: To provide funds for repairs made to Smoke Stack underestimated in 1972 By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the transfer of funds requested by the Board of Public Works is hereby approved as recommended by the Budget and Administration Committee. Carried Amount : $2,600.00 From . Maintenance of Roads-Highways Account A5110A-230 To . City Engineer Account A1440-230 $600.00 To . Refuse and Garbage Account A8160-230 $2,000.00 Purpose: To provide funds for purchase of Motor Vehicles. Bids received exceeded amounts in Tentative Budget. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the transfer of funds requested by the Board of Public Works is hereby approved as recommended by the Budget and Administration Committee. Carried Amount : $427.00 From . Water Contingent Account F1990 To . Shop and Equipment Account F8310-6-230 $352.00 To . Christopher Circle Pump Station Account F8320-7-312 $75.00 Purpose: Insufficient funds appropriated to cover anticiapted repairs to equipment and vehicle trade in lower than estimated. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the transfer of funds requested by the Board of Public Works is hereby approved as recommended by the Budget and Administration Committee. Carried -7- March 7, 1973 Amount $960.00 From . Sewer Contingent Account G199.0 To Shop and Equipment Account G8110-6-230 $235.00 Tq : Wood St. Pump Station Account G8120-5-312 $500.00 To . Cherry St. Pump. Station Account G8120-6-302 $125.00 To . Cherry St. Pump. Station Account G8120-6-312 $100.00 Purpose: Insufficient funds appropriated to cover anticiapted repairs to buildings and equipment; and vehicle trade in lower than estimated. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the transfer of funds requested by the Board of Public Works is hereby approved as recommended by the Budget and Administration Committee. .f Carried WARNER. BURNS, TOAN AND LUNDE INVOICE: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the invoice dated February 7, 1973, in the amount of $87.96 payable to Warner, Burns, Toan and Lunde 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 Garage. Carried V AUDIT:' By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $18,459.96 as listed on Audit Abstract #3-1973 be approved for payment. Carried GLASS RECYCLING: Alderman Slattery .reported that the Board of Public Works has requested a $700.00 appropriation to continue the glass recycling program for six weeks. Supt. Dingman reported that the Board of Public Works has developed a general method for city wide collection. It will be some time before the delivery of the truck and when it is delivered the city will enter into an agreement with Challenge Industries and transfer the title of the truck to Challenge with a recapture clause in it. At the same time an agreement will be made with Challenge to collect glass from the regular collection routes of the city- in accordance with the rules and regulations adopted by the Board of Public Works for this purpose. In order to keep the once a week collections on Wednesdays, the Board is asking to continue the payments now made to Challenge, and time to work out all the details.If it goes beyond the six weeks or less than the six weeks, this amount will change. Alderman Meyer asked if the money for this could not be taken from the solid waste budget. Supt. Dingman answered that the 1973 Budget did not include this item. Assistant Controller, Spano, reported that the program could be continued as is and the Council would have to appropriate money when the account is deleted. Alderman Slattery said he did not have a resolution at this time but would present one at the special meeting. PLANNING DIRECTOR: Alderman Jones reported that the Planning Board had made rec- ommendations for a new Planning iirector. By Alderman Jones: seconded by Alderman Slattery RESOLVED, That H. Matthias VanCort be hired as a provisional Planning Director of the City of Ithaca at an annual salary of $15,184.00 as recommended by both Planning and Development Committee and Budget and Administration Committee. Carried STATE STREET MAIL: Alderman Jones reported that the stirt of Phase II will be held up and the Mayor inform Levatich and Miller and Hoffman of this until the Planning and Development Committee could make further recommendations to the Council. On March 13, 1973, a public meeting will be held in Council Chambers to ask for input from the various organizations and interested people. On March 19 and 20th Mayor Conley and Alderman Jones will be attending a meeting in New York City for a conference on the Downtown Mall. Any questions that the Council members have in regard to this, they would like to be contacted, so that they could bring up any questions. Mayor Conley reported that UDC has additional contracts completed and Attorney Gersh will be meeting with them tomorrow to look them over. Alderman Jones reported that the recommendation of the Urban Renewal Agency on February 8, 1973, on amending the aesthetic rehabilitation standards in. UR projects was approved by the Planning Committee but since that time they turm-1AWd that a Public Hearing is not necessary. Mr. Brown reported tkie iajr present_sta crds are sufficiently broad to take care of all the aesthetics oethe rehabilitation buildings. Alderman Jones thanked the Attorney for drawing up the necessary resolution even though it was not needed. -8- March 7, 1973 CITY ARCHITECT: ' Alderman Jones reported that the Planning Committee was meeting with various architects and discussing with them the city architect which is part of the Caldwell Rothschilds Development Agreement. A recommendation will be ready shortly. COMMUNITY RENEWAL PROGRAM: Alderman Jones reported that Jonathan Meigs would' report on the CRP. lit. Meigs reported that he had copies of the technical report which he was distributing to the Council for review. Mayor Conley asked that this be looked over carefully to see if guidelines for Federal Revenue Sharing could be developed from this. A formal presentation will be made at the special meeting this month. DEWITT PARK: Alderman Jones reported that there has been concern by the DeWitt Park Committee as to what has happened to the design in the park. Jonathan Meigs has a set of plans which are ready for the committee. Mrs. Baldwin reported on the shrubbery along the walks and would try to make the traffic operate within the walks. Another priority would be to plant large trees around the fountain and to put in benches. Al` rman Barber asked that the fountain be set different so that the fountain would riot be broken as it has been in the past. By Alderman Jonest seconded by Aldermdn Nichols RESOLVED, That the improvements for DeWitt Park in the sum of $1,998.00 be referred jointly td he Budget and Administration Committee, Planning and Development Committee and the Pubic Works Committee of Common Council, and to report back if possible at the special meeting. Carried CONWAY PARK: Alderman Jones reported the improvement plans for Conway Park are for long range. SY AJ.Berman Jones- seconded by Aldetman,Schmidt , RESQWXD, THat the long range improvement plans for Conway Park be referred to the Pia lug..ann Development Committee and the Budget and Administration Committee for eatU action. Carried Acting kaYoi Schmidt took the chair at this point at 9:45 ¢.thi FULTON STkEfi PARKING: By Alderman Stein: seconded by Alderman goronkay RES�VEn, t .Ciiy brdinance under Section 15-182 Parking Orohibited during certain. hours oti ce �ain streets that two hour parking insert, North Hilton Street East Side, Seneca Street tb Buffalo Street and futthet insert West Seneca Street North Side from Fulton Si:teet to a point 75' td the East. Carried NAME TAGS: Alderman Stein reported that they have an ordinance written to take care of the uniform dress for city employees. This takes care of all personnel in the city who wear uniforms. By Alderman Stein: seconded by Alderman Nichols WHEREAS, This Common Council believes it to be in the best interest of all parties concerned that uniformed personnel of the City of Ithaca, New York, be easily identifiable while on duty - now therefore a resolution to this effect is being presented. Add to City Code the following as a -new Section 8-10: "Section 8-10. All personnel employed by the City of Ithaca, New York, who are required to wear a uniform while on duty shall have their last name, first initial displayed at all times on their outerQ4V garments." Amend Section 8-59 of the City Code to read as follows: "Section 8-59, Uniforms or Dress Designated. Items of uniform shalk consist of overcoats for beat men, and motor- cycle men, blouses or suit coat, trousers, raincoats, jackets for prowl car operators, shirts and hats. Dress 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 shalt be an outer garment approved by the Chief of Police. Additional clothing and/or equipment may be assigned kby the fief of Police with the approval of the Public Safety Committee of the Council." Carried 9 -9- March 7, 1973 BUILDING COMMISSIONERS PERSONNEL: By Aldermi*.,glattery: seconded. by Alderman Nichols RESOLVED, That the item of *tforms for the Building Department's personnel be referred to the Budget an&: inistration Cotee. Carried Mayor Conley resumed the chair. 4 POLICE COMMISSIONERS QUALIFICATIONS: Alderman Stein requested that the item for Police Commissioners qualifications be left on the agenda as there is no action at this titer. CITY COURT ACT: Alderman Stein presented and passed to the Alderman copies of'-the new City Court Act of the City of Ithaca and recommended its adoption. By Alderman Stein: seconded by Alderman Nichols RESOLVED'; That the adoption of the special act in relationship to the City Court of the City of Ithaca as submitted be adopted by this Council, with the recommendation that this special act be submitted to the State Legislature for their action at this current session: SPECIAL ACTS AN ACT IN RELATION TO THE CITY COURT OF THE CITY OF ITHACA, ITS JUDGES C AND OFFICERS The People of the State of New York, represented in Senate and Assembly, do enatt as follows: Section 1. Court contiiued. The City Court of Ithaca as herein constituted shall be continued as a court not of record. 6 2. Short title. The short title of this act shall be the Ithaca City Court Act. 6 3. Power and jurisdict*off#, filth court shall be governed in its jurisdiction, practice and proceduie by the prow g bns of the Unikorm City Codit Act and in civil matters shall have JUTiodtAidil when the sum claimed does not exceed two thousand dollars, exclusive of iAierest Arid costs. 6 4. Qualifications 4pd election of judge. The-City Judge of the City of Ithaca shall be electe4 in phe same manner as other city officers are elected, . and the person so elected shall take his office on the first day of January following such election, and the term of said office shall be for four years. The City Judge shall be an attorney and couselor of the Supreme Court of the State of New York of not less than five years' standing and a resident elector. of the City of Ithaca for not leas than three years, and upon his ceasing to be such the office shall become ipso facto vacant. Election to such office shall not bar him from the general practice of law. 6 5. Compensation; oath of office. The City Judge shall receive such compensation as may be f*xed and determined by the Common Council which may be increased by the Common Council from time to time before or during the term of office of such judge, and shall before entering upon the discharge of his duties, take the oath of office prescribed by law and file the same in the office of the Clerk of the City of Ithaca and in the office of the Clerk of the County of Tompkins. 6 6. Acting City Judge; appointment; compensation. At 'the 'first meeting of the Common Council in January in each year, it shall be the duty of the Mayor subject to the rattfication of the Common Council of the City of Ithaca to appoint some suitable person, who shall possess the qualification of the City Judge as- in this act provided, to act as City Judge when so directed by the City Judge or in case of the sickness, vacation, absence from the City or disability of the City Judge or in case the latter files certificate of disability as to any action ,gr proceding, civil or criminal, and who may be removed by the Common Council whesover said Council shall deem it advisable. While so acting the said Acting City Judge shall, in addition to his name, sign all papers as "acting City Judge of the City of Ithaca," and shall have all the gewrs a"...perform all the duties incumbent upon the City Judge. The compensation of said 4Uty Judge shall be such sum as the Common Council shall determine, to b@ ihowed'IsaA p44d by the CowmarL Council upon the presentation by such acting City Judge. of a verified bill of items for his services, if any, shall be presented to the Common Council members. -10 March 7, 1973 Iii any"action. br proceeding, civil 'or criminal, in which Acting City Judge shall act, there shAil be noted in docket cause for his appearance in the action. 9 7. Employment; appointment, supervision; removal. The City Judge shall appoini a Cler of said Court and such other employees, including Deputy Clerks, Cdurt attendants, stenographers and Marshalls, as may e ptovided for by the Common Council. The its► Judge shall supervise such employees and they shali serveiat the pleasure o the City Judge, except as otherwise prbvid�d by idw. he Clerk of the Court shat be a competent stenographer. It shali be the duty of said Clerk to attend upon said Court at such time as he is directed sb to do by ifie City Judge, and to keep the dockets and books of account thereof and to mated up the returns to the odnty Court therefrom under the direction 8f t6 City Judge. A Marshali appointed by the City Judge shall attend sessions of the City Court and act as a Court�p fficer as the City Judge may direct, and shall perform such other duties as are elsewhere herein set forth. He shall receive such compensation as may be fixed by the Cbmmon Council. He shall not execute any criminal process. The Marshali shall be entitled to charge and to receive for his own use, for services rendered at the request of a pirty to any action or proceding pending in such Court, the fees allowed to a sheriff for similar services. ' In the absence, disability or disqualification of the Marshall, the Judge may designate an Acting Marshall to discharge such duties. A patrolman of the City Police Department may be so designated but the fees rebeibed by him shall be remitted by the Judge to the City Chamberlain. The Ciiy Judge may appoint, and at pleasure femove, subh probation officers as he may deem necessary or expedient: S ch offitefs, however, shall act without compensdtion except when specifically auth6fized by the Commbn Council. 6 8. Vacancies; how filled. Whenever a vacancy shall occur in the office of City Judge except by the-expirat on of the term of office, it 96411 be filled by the Mayor, tuhich appointment shall be confirined by the Comthtlh Coi cil, until the first clay of January next succeeding the first genera. elebtion at Lich the vacancy can be filled for the balance of the unexpired term, if any. S 9. Employees; other duties. ,In addition to the ddties hdreiii prescribed, the officers and employees of the Court shall petfbrit 8Uch bther duties as they are directed to perform by the City Judge. 9 10. Expenses. The Common Cbu�cil shall pioirige uitabie rooms, light,heat, furnishings, necessary books and sup lies for thy! use Cif t9e Court and shall provide for the payment of salaries and compensation of the City Judge, Acting City Judge and employees of the Court and for whatever'may be necessary for the transaction of its business. 8 11. Pending actions and proceedings. No civil or criminal action or other proceeding which is pending before such Court or the Judge thereof, at the time of reorganization of such Court, shall abate or be anywise affected by the passage of this act, and all such actions and proceedings so pending are continued before the City Court of the City of Ithaca. g 12. Saving clause, separability. Nothing contained in this act shall be construed to repeal any stature of the State, ordinance or local law of the City or rule of the Court, not inconsistent with the provisions of this act, and the same shall remain in full force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the provisions. If any provision of this act shall be held invalid or ineffective in whole or in part, it is the purpose and intent of this act that all other provisions thereof shall nevertheless be separably and fully effective. 6 13. Laws repealed. Chapter 415 of the Laws of 1931, constituting the Ithaca City Court Act and all acts amendatory thereto, are hereby repealed. 8 14. Effective date. This act shall take effect immediately. AYES : 13 NAYS : 0 ABSENT: 1 - Henderson MAPLE WOOD GROVE: Alderman Stein reported on the action of the Board of Public Works on February' 28, 1973, changing the name to Maple Grove Place. By Alderman Stein: seconded by Alderman Barber RESOLVED, That Section 15-124 of the City Code be amended to change Maple Wood Grove to read Maple Grove Place. Carried -11- MUNICIAPL CONSULTANTS: Alderman Stein reported that the contract for the Municipal Consultants should be amended to read $10,800.00, plus or minus 10%. After some discussion, Attorney Gersh read the resolution of December 6, 1972, which the consultants were protesting. By Alderman Stein: seconded by Alderman Slattery RESOLVED, That the contract for the Municipal Consultants be amended to read that the sum of $10,800.00 is not to be exceeded by 10% of the contract terms. Carried CHARTER AND ORDINANCE REPORT: Alderman Stein reported that the Charter and Ordinance Committee has been meeting regularly reviewing the final draft of the text of the proposed revision of the Zoning Ordinance. He estimated that the Committee is about 503 through the text and felt that it would be ready by the next regular Council meeting. Alderman Meyer reported that there was work to be done by the Planning Dept.. on the maps before this is ready. Alderman Stein reported that the Charter and Ordinance Committee was also undertaking the job of reviewing the matters pertaining to the Housing Code, and, thd Housing Code Enforcement, from this point ' on. Mayor Conley asked that the Houisng Code Review Committee be used in this matter. Alderman Stein also reported that the matters of Housing violations that Paul Tavelli was working on have now beef Turned over to him and that he would be ready .to move on them within a week. Attorney Gersh reported that he had conveyed the Council wishes to Mr. Tavelli to pursue the matter as he sees fit. Alderman Stein in C talking with Mr. Tavelli reported that Mr. Tavelli has ma. e comments on these cases cl and he has asked Mr. Tavelli to come to Council and make these comments so that we could be guided accordingly. CASS PARK CHANGES: Alderman Rundle reported that the Public Works Committee is meeting with the Board of Public Works on March 21st at four o'clock, at Cass Park Rink to go over these proposed changes. STANDARDIZATION OF TRAFFIC SIGNAL EQdP4NT: By Alderman Rundle: seconded by Alderman Barber WHEREAS, it is deemed to be in the best interests of the City of Ithaca, for -easons of efficiency and economy, to approve such standardization for the following reasons: 1) The City has Crouse-Hinds traffic signals and controller equipment is use at fifty intersections throughout the City at the preseo.t time. 2) The investment in stock and repair parts that will have to be main- tained for servicing one standard type of traffic signal will be much less than if the City is required to service different types of signals. 3) The labor cost involved in servicing one type of traffic signal when compared with servicing different types will also be much less. NOW THEREFORE BE IT RESOLVED, That pursuant to Subdivision 5 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 signals and controller equipment as the type of such equipment to be used in the .City of Ithaca during 1973, except on the State Arterial Route on Meadow Street,, and that the Board of Public Works be authorized to advertise fof Bids thereon during 1973, and include such limitation in its advertisement for bids. Carried STANDARDIZATION OP PARKING METERS: By Alderman Rundle: seconded by Alderman Barber WHEREAS, This Common Council has been requested by the Board of Public Works to standardize the Park-O-Meter as the type,,of Marking meter to be used in the City of Ithaca during 1973 and to authorize the Bdard to advertise for bids on and purchase meters of this type in such quantities as there are funds appropriated for that purpose in 1973, and WHEREAS, The price to be determined from such bids shah also deierminethe price to be paid for any and all such meters throughout . the balancd of 1973, and WHEREAS, It is deemed to be in the best interests of ,the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons: 1) There are 1275 parking meters in use in municiapl parking lots and on city streets throughout the City at the presents time. 12 - -12- March 7, 1973 2) The investment in a stock of repair parts that will have to be maintained for servicing bile type. bf teeter will be much less than if the City is required to setvibe sdveral different types bi meters. 3) The lAbor costs invdlvdd iA servicing brie qpe of meter when lompa.1d with servicing several different [ypes wi11 be much ess SO. A)TAT THEPXVdRE 09 IT RESOLVED, That pursuant to 5tibdfArision 5 of Section 103 of the G6neral Muiiiciapl Law of the State bk, New York, the' obmmon Cot cil of the City of tiha6a, Ndw York, hereby authorizes the standarA zation of Par -O-Meter, as mdtitlfactureti b Rockwell Matzufactux �g Com�i y, �s the type of parking meter to be usdd In toe City of Ithaca during 1 7'3; attO hai the Board of ublic Works be authdd ike to advertise for bids thdkton dUr n; 1473 and incl6de such limitation in its advertisement for bids. Carried STUDIES ON THE 0th' PUS AND TUNING FOk: Alit rman kunAie reported that Mayor Conley had been iA donthct with the New York State Ieparitment of Traris' pbrtation in respect to stddies dti th6 Octopus and the Tuning Forki and had a letter from David Shub whidh he teed as follows: Dear Mayor: I have heen:ihforrhed this morning that a formal request is regUiked from the City of Ithaca ditected to this department for either a fOPtCS study or a Community Assigiazice intersection Study before this deo rtmeAt c'u uhderrake such work related to the octopus or other intersectidtis ih the City of Ithaca. This fobnAl YehueJt should be address6e ,to Co sed8ner. Raymond T. Schuler with carbon dbpie§ to WAliath G. Galloway AhA E. Wilson Camptell. Co ttAssioner Schuler•:and Mrs CdMobeil ake located dt k8g. 5qq StA�d Cehtpus, AlbAy, New Ybkk, and Mr. Gal.10VAy is ibbated at 9tuyves4ht Plazd, Aibdny, New York The above re4ddst should be submitted As quickly ag possible. t V' Aidettian Rundlet seconded by Alderman Barbet 11 RtSC�.4EH, thdi the Mayor be requested to ddr✓esa a idtter'Transpbttation Commissioner, Riymbad t, Sch1��.e.r, Oith a request that hib department tthdettake a TOPICS study arid/or a bommUn ty desistance iiiteraecAOA study on both of these intersections wfth the thodght that subh a study will lead td state and federal aid in finding and implementing solutibng to the ptobleifig that they pt±ebent. Carried GOLF COURSE: Alderman Spano requested Superintendent Dingman to give a report on the Golf Course as of April 1st so that the public could be informed. Superintendent Dingman reported that we need drying weather to take equipment on the Golf Course to finish the job we started last fall. Opening date would be April 15th. Alderman Nichols passed around copies to the Aldermen of the Cornell Engineering Quarterly stating that there were some very good articles on water pollution control and sewage and other matters that the Council had been discussing. MACDAHIELS PARK: Alderman Nichols reported that the item of MacDaniels Park would he held over until the next meeting. CONWAY PARK: Alderman Nichols reported that there is a volunteer working through the Planning Department with the neighborhood trying to get the consensus of the neighborhood of what they eventually would like in that park. They are trying to set up a meeting with the various people who would come and say what they would like. MINI-POOL: Alderman Nichols reported that many meetings were held in respect to the extra land that was needed to go along with the land that the school district agreed to give us in our license agreement. The school district was willing to give us the extra land but not at the expense of the Central School. It was agreed that the ideal place was in back of the school to the West of the school, and the school will. give us the extra land as the City Attorney mentioned in his report. 13 -23- March 7, 1973 MARJORIE RUMSEY: Alderman Nichols reported that Marjorie Rumsey had passed her Civil Service test for the position of Senior Stenographer in the Youth Bureau. By Alderman Nichols: seconded by Alderman Wallace . RESOLVED, That Marjorie Rumsey be given a permanent appointment to the position of Senior Stenographer in the Youth Bureau Office at an annual salary of $5,527.00; and that her appointment become effective immediatelY and that it shall be subject to the ususal probationary period. Carried PER CAPITAL AID: Alderman Nichols reported that there is presently before the Senate and the Assembly a bill to increase the Per Capita Aid for persons under the age of twenty one, from seventy five cents to one dollar and fifty cents. This law provides state aid for youth development and deliquency prevention projects and is assigned to Youth Bureaus. This would entitle the Youth Bureau to double the amount it is getting for youth deliquency projects. The G.I.A.C. Board approves this bill whole heartedly. Alderman Wallace reported that the Youth Bureau Advisory Board also passed this. Mayor Conley reported that the New York State Conference of Mayors Legislature Board Committee is dealing with this. Alderman Nichols also reported that children held in detention in group, facilities cost between $8,000.00 and $12,000.00 per year. C\i By Alderman Nichols: seconded by Alderman Saccucci RESOLVED, That Mrs. Constance Cook, our New York State Assemblywomen and Mr. William C- Smith our New York State Senator be urged to join as co-sponors of legislation increasing the per capita aid for youth deliquency prevention from seventy five cents W to one dollar and fifty cents. W Carried AD-HOC SEWER COMMITTEE: Alderman Schmidt reported that the Towns of Ithaca and Dryden have shown interest in participating in the Ad-Hoc Sewer Committee. The Village of Cayuga Heights has not shown interest and neiCher has the Town of Lansing shown interest. The three municipalities, the City of Ithaca, the Town of Ithaca and the Town of Dryden will be meeting shortly and the delegates have been named by the various municipalities and Cornell University is also interested in sending delegates. Mayor Conley announced the delegates representing the City of Ithaca were the Chairman of the Public Works Committee and the Charrman of the Executive Committee, Alderman Rundle and Alderman Schmidt, on the Ad-Hoc Sewer Committee. INTERMLINICIPAL COOPERATION: By Alderman Schmidt: seconded by Alderman Slattery WHEREAS, The City of Ithaca, the Village of Cayuga Heights and the Town of Ithaca have a similar urban environment, and WHEREAS, The services provided by the municipalities involved are similar or will be with future growth in the Town of Ithaca, and WHEREAS, There might be a savings of money and an improvement of services by consolidating some of the services of the three municipalities because of a greater availability of resources, THEREFORE BE IT RESOLVED, That the Common Council of the City of Ithaca through the Executive Committee contact the Town Board of the Town of Ithaca and the Board of Trustees of the Village of Cayuga Heights and invite them to participate with city representatives to investigate the possibility of intermuniciapl cooperation in the provision of services including the possibility of consolidation of all governmental functions and reorganization of the existing units of government. Carried SENECA STREET PARKIUG STRUCTURE: Mayor Conley reported that they had a rendering of a proposal for the parking structure on the sitrnext to the post office. He spoke on the leasing of the structure by the city from a private developer where the developer would have to pay taxes and if the city leased this they would also have to pay the taxes. If the city built this structure it would necessitate the hiring of an architect to draw up the specifications and getting to a point where it could be priced, Stewart and Bennett were willing to speculate to a point in drawing up a floor plan and investigate ways of financing. They were also investigating the way to keep the ownership out of private hands to eliminate the payment of taxes and to provide the lowest method of financing. This particulaix project has been submitted to UDC and could be called a civic project. Stewart and Bennett could be the developer, build this building, sell it to UDC, UDC .could lease it to the city for a period of forty years and at the end of forty - years give it to the city. The city through its bonding power could borrow money at 5% but UDC borrows at 6 3/4y plus they also have there development fee of 2 1/2X or 3 1/2%, whatever their percentage fee is. Mayor Conley reported that at this time he is asking the Davlopment Committee to look into the various possibilities and ask the Assistant Controller or the Controller to produce the figures as to how much it would nosy- for -14- March 7, 1973 normal bonding for us to do it for thirty years and for UDC to own it and lease it to us for forty years, what the annual payments would be to investigate the other parking proposal made to the City 6i i' different type of lot, investigate amount of car spaces and other areas and to make a presentation back to Council andhope- fully call a special meeting. , if Cdrtmcil could make a decision by their April meeting, construction could staft in early April. It would take nine months to construct and could be open for Christmas shopping. By Alderman Schmidt: seconded by Alderman ,Stein RESOLVED, That this particular concept and drawing be turned over to the Phi and Development Committee for theiik recommendations and report back to Council. Carried SURPLUS EQUIPMENT: Alderman Slattery je�6jlited on surplus equipment held by the city, This equipment has been around br ars and we would like to dispose of it. By Alderman Slattery: seconded by Aldorml yer RESOLVED, That the Finance Committee be owered along with the Deputy City Clerk to dispose of this surplus equipment in 'e best interest of the city, at its discretion. Alderman Jones objectod to resolution ; she did not feel this was the intent of the Budget and Admiti*era Committee. Shg felt that all departments should be contacted to see if any ,of thet ,Had any use of this surplus equipment. This should not be acted upon unt'*X the staff had mAde theit recommendations. Alderman Schmidt said that he would :tathet wait for a recommendation from the staff before voting on this resolutidni Berman Slattery wiihdrew his resolution at this point and Alderman Meyer w 6drev her second until such a time that the staff had made their recommendations. FILE CABINETS IN THE MAYbkS OFFICE: Alderman Slattery reported that file cabinets were set up in the former Mayors office with drawers assigned to each Alm. All Aldermen have keys to this office and these should be used by the -4derman. POLICE CHIEF: By Alderman Wallace: seconded by Alderman Rundle RESOLVED, That the Charter and Ordinance Committee study the provisiops in the Charter and Ordinance for the Police Chief for possible change. Carried . On potion the meeting was adjourned at 10:55 p.m. Robert G. Crey, - _ +` y, Deputy City C.___lerk Edward Con ey, Mayo �r E 15 COMMON COUNCIL PROCEEDINGS CITY OF ITHACAi NEW YORK Special Meeting 7:30 p.m. March 21, 1973 PRESENT: Mayor - Conley, Aldermen (12) - Saccucci, Barber, Wallace, Slattery, Guteaberger, Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Stein ABSENT (2) - Schmidt, Henderson OTHERS PRESENT: Supt. of Public Works - Dingman Controller - Daley Engineer - Schlieder Ass't.Controller - Spano Executive Director Urban Renewal - Brown Planning Board Chairman - Doney Planning Director - Meigs Deputy City Clerk - Grey Mayor Conley invited all candidtates for all elective offices in the city to participate in all of the Common Council meetings, all committee meetings, all executive sessions and is asking the staff to co-operate in answering all questions and work with any of our candidates as much as they possibly can. He felt that a C� resolution should be made to invite all candidates and also to have them receive all C the material that the councilmen receive as many important issues will be coming up, C and this continuity would be helpful to the City. r`r By Alderman Stein: seconded by Alderman Jones RESOLVED, That all registered candidates for public office in the City of Ithaca are hereby invited to attend all meetings of Common Council, all committee meetings and all executive sessions, and BE IT FURTHER RESOLVED, That the staff be directed to co-operate in answering all 4uestions and to work with all candidates as much as possible, and BE IT FURTHER RESOLVED, That all material be made available to all candidates if they so wish to have the material. Carried Mayor. Conley announced that this was a. special meeting,for the presentation of the Seneca Street Parking Garage, C.R.P. Report, Architect Contract on the Caldwell PrrJect Recommendation on Park Development and other related matters. Alderman Gutenberger asked if the problem of housing and parking in the Third Ward could be added to the agenda. As there were no objections Mayor Conley declared that this could be added to the agenda. Alderman Meyer asked if the resolution from the Board of Public Works of Parking on Elm Street could be added to the agenda. As there were no objections Mayor Conley declared that this could be added to the agenda. TRAFFIC STUDY: Mayor Conley introduced John Sarna, of Raymond Parish, and Pine, who spoke on the need of parking according to the survey taken by them. He reported that they had not specifically studied parking needs but had studied the effects of traffic in circulation of the proposed new developments in'-the city. The parking needs. are caused by two factors, one is increased generation of traffic caused by the new facilities, and two, existing parking that will be lost both on street and off street. Additional parking that is needed is taken from the Planning Department itudy of 1971. Parking of 671 spaces were needed, with 190.new spaces needed. 480 44ditional spaces would be needed in the downtown area. The removal of 480 spaces due to development and 480 additional spaces needed leaves a deficiency of 930 parking spaces. Garage in mall will have 450 spaces leaving 408 spac�►s needed. Proposed Seneca Street Garage will be over 400 spaces and will provide almost all of the deficiency. The size garage contemplated is warranted by the parking needs of downtown. Ithaca. SENECA. STREET GARAGE: Henry McGuire, General Manager of Stewart and Bennett, presented the plans drawn by Victor Bagnardi and went into detail as to construction. Mr. Bagnardi. explained the features of the building and why they were as such. The two entrances and exits,glass,,enclosed stairway, ramp, etc. After many questions that were answered by Mr. McGuire and Mr. Bagnardi a breakdown of the estimated costs were presented. c _ U -2- March 21, 1973 Estimated cost of structure would be $1,390,119.00, insurance premiums $1,877.00, construction fee of 6%, contingency of 2%, professional fees of $66,308.00, legal services $6,951.00, financing-interest during construction $65,000, land cost $60,000.00, approximate cost per car space would be $3,096.00. UDC's cost was as follows: land $60,000.00, construction $1,690,065.00, professional fees $17,501.00, development fee $43,752.00, administration services $8,755.00, or a total of $1,820,073.00. Aproxmiate cost of $4,000.00 per car. After much more discussion Mayor Conley asked the Planning and Development Committee to meet prior to the next Council meeting and hold an open meeting for those interested in this project. Alderman Jones reported that next Thursday night their would be a working session of the Council in respect to this project. Alderman Wallace felt that two weeks was not enough time to make a decision on a project of this magnitude. Mayor Conley reported that they would present a package on April 4th of this project and it would be up to Council at that point. There are proposals for office buildings but they cannot go as there is not parking available to take care of these additional spaces. The City must make an investment in parking in order to develop the downtown area but this would be offset by additional property taxes, sales tax, etc. The City must invest in order to develop. At 9:45 Mayor Conley declared a recess. At 10:00 p.m. Council reconvened. Mayor Conley introduced Peter Schwartz of Modu-Park Corporation, who reported that he had a plan but was not aware of the number of spaces involved as he had his estimates based on 240 cars and not 400. Basically Modu-Park was structured steed and poured concrete. Modu-Park would be willing to submit a bid based on a garage for over 400 cars. Mr. Schwartz felt that he could put preliminary figures together and present them within two weeks to Council. Alderman Stein reminded him that he should understand that due to the circumstances the council could not encourage him at this time and with this understanding he could proceed as he desired. Mr. Schwartz replied that he did understand this. CON!MUNITY RENEWAL PROGRAM: Alderman Stein reported that the Planning Board had reviewed the program and passed a resolution approving the program, and recommended its approval. This resolution takes official action confirming the fact that it is performing to the general plan. This is required by the Housing and Urban Development Corporation as this is the funding agency and that the work has been completed and the work is satisfactory to the city. The consultants also need this to prove to HUD that they have completed their requirements to the city. The consultants still have to complete their report, print it and submit it to the community and that is understood at their responsibility to the city and the Planning Board. By Alderman Stein: seconded by Alderman Jones WHEREAS, pursuant to a certain Contract for a Community Renewal Program Grant, numbered NY R-268 (CR) (G) and dated 14 September, 1970 (hereinafter called the "Contract") , with the United States of America, the City of Ithaca Planning Board lundertook the preparation of a Community Renewal Program, more particularly described in the Contract, for the City of Ithaca; and WHEREAS, the City of Ithaca Planning Board has duly completed its activities and duties under the Contract and there has been referred to the Common Council of the City of Ithaca (hereinafter sometimes called the "Governing Body") a copy of the Community Renewal Program, prepared thereunder and dated 6 March, 1973; and WHEREAS, it is required under the terms and conditions of the Contract that the Governing, Body certify that the Community Renewal Program conforms to the general plan of the City of Ithaca, before the final payment on the grant provided for in the Contract will be made; and WHEREAS, a general plan has been prepared for the general development of the City of Ithaca; and W1dEREAS, the City of Ithaca Planning Board, which is the duly designated and acting official planning body for the City of Ithaca, has submitted to the Governing Body its report and recommendations respecting the Community Renewal Program and has certified that the Community Renewal Program conforms to the general plan of the City of Ithaca'k' and WHEREAS, the Governing Body has reviewed and considered at length the Community Renewal Program and the report, recommendations, and certification of the City of Ithaca Planning Board: NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Ithaca, that the Community Renewal Program conforms to the general plan of the City of Ithaca. Carried 17 -3- March 21, 1973 Alderman Stein reported-that--th+e-eaaoad resolution encoarggiag action with regard to the community renewal program comiit-wthe, city of Ithaca, in principal to carry out the program in accordance with the priorities as set forth. By Alderman Stein: seconded by Alderman ,Jones WHEREAS, the City of Ithaca Planning Board and its consultants have prepared a comprehensive study of physical and other conditions in the city which significantly affect the well-being of its residents, the effectiveness of its development activities and the economic welfare of its community, and WHEREAS, certain needs for improvement in physical condition and in other matters relating to community development have been identified by this study, and WHEREAS, recommendations have been made and incorporated in this study which are intended to be guidelines to achieving the improvements needed, and WHEREAS, the Common Council of the City of Ithaca has accepted this study, known as the Community Renewal Program, determining that it conforms to the general plan of the City of Ithaca, NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, that said Common Council does hereby commit the City of Ithaca in principle to carrying out to the fullest extent possible, with appropriate dispatch and in accordance with the priorities ,set forth therein, the recommendations of said Community Renewal Program that are within the powers and resources of the City to accomplish. ,.� Alderman Wallace objected to the resolution as he ;did not have time to read the C report and digest it. He favored holding it over until the April meeting. G� By Alderman Wallace: seconded by Alderman Barber �^ RESOLVED, That the resolution to commit the City in principal to carrying out the �.: priorities be tabled until the April 4th meeting. �= Mayor Conley asked for a roll call vote on this which resulted as follows: AYES: 5 NAYS: ; 7 Tab ling.Motion, Defeated A vote-was then taken on the original motion and resulted as follows: AYES 11 NAYS 2 Saccucci, .Barber „ ABSTAIN: 1 Wallace . CITY ARCHITECT:_ Alderman JoneO reported that the Planning and Development Committee had interviewed three architects in connection with the Caldwell-Rothschilds project and had agreed on Raymond AiPasquale as their choice.. The City architect will be reimbursed at the rate of $25.00 per hour, plus expenses reasonably incurred in the performance of his duties, with a cost limit not to exceed $12,000.00. Until start of construction, supervision of his duties is responsible to the Planning and Development Committee of Council, for any time spent and any action taken. , After construction the city architect will be responsible for reporting at regular intervals to Council and responsible for his billing at monthly intervals. Ay Alderman Jones: ' seconded .by Alderman Stein WHEREAS,. Planning and Development Committee interviewed three architects, and reviewed their proposals and qualifications, and WHEREAS, the Planning and Develo?ment ,Committee recommends the appointment of Raymond DiPasquale ,as "City Architect" in compliance with the five party Caldwell Rothschild project agreements, and WHEREAS, the Budget and Administration Committee concurs in this recommendation NOW ,THEREFORE BE IT RESOLVED, That the Mayor and the 'City Clerk be authorized to sign on behalf of the .City, the City Architect contract as. drawn up by the City Attorney, David Gersh, and funds to be provided from the Parking Capital Project. Carried DEWITT PARK: Alderman Jones xeported that matter of funding this project was sent to the Planning and Development Committee and Public Works Committee. They have met and come up with the following: By Alderman Jones: seconded by Alderman Barber WHEREAS, Drawings and specifications for improvements to be made in DeWitt Park during 1973 have been approved by the Planning Board, the DeWitt Park Improvement Committee and Council's Planning and Development Committee and Public Works Committee, and WHEREAS, The Budget and Administration Committee recommends the expenditure of $1,500.00 Srgm the Park Reserve Fund, and WurAS, The Board of Public Works has indicated that the use of City of .Ithaca work crews to complete the desired project may not be possible because of the pressure of other work in the spring and summer of 1973, ,r 'Y 4 -4- March 21, 1973 NOW WEREFORE BE IT RESOLVED, That this Common' Council does.h�rtty Yeq'U69t the i Superintendent of Public Works`=to advert�:sef for bid's to provi;ie the necessary }' materials' and services as outlined in the specifications and dr�win-jg' ap'pf6ved aiid herewith attached. (See minutes) SOUTH HILL PLAYGROUND: Alderman- Jones reported on the improvements 'conte hp1Atda1 at the South Hill School Playground and this should be started in order to get it done this year. By Alderman Jones: seconded by Alderman Boronkay ta WHEREAS, this Common Council has caused the City of Ithaca to enter into an ` agreement with the, Ithaca City School District for the joint development}:a.fid , maintenance of a neighborhood park on lands adjacent to the South Hill Elementary School, and {a , WHEREAS, drawings and specifications of the 'proposed playground have been apprO'IV d by the Planning Board,, the Bohrd. of Public Works, and other_concerned city ago_,4t-ies, NOW THEREFORE BE IT RESOLVED, that this Common. Council does hereby authorize 66 .1 Board of Public Works to advertise for bids so ,that the South,Hill neighborhoo&_i-;.' park may be developed in the spring •of -1973, and that this Common Council. does affirm that, Necessary funds for the work* to 'bey Mine` on the South,Hill Playground will' be:-bade available from the'monies 'allocated' t r Park Development in the 1973 Budget AND BE IT r'URTHER RESOLVED,: that this Commoth Council does hereby'reque§t the' Board of Public Works to advertise for bids to provide the necessary material and services as outlined in the specifications and drawings approved and are herewith attached. (See minutes) Carried` MACDANIELS PARK: Alderman Jones reported that funds have been allocated for this work and it is the recomnetidatiod of the Planning and bavelopmeht Committee of Common Council and the. Public Vo,rkS Com�ittee.� Mr. .Meigs'piesehtedplans, for tt e_. park and explained in detail. By Alderman Jones: seconded by Alderman Nichols WHEREAS, drawings and specifications for improvements to be made in MacDaniels Park during 1973 have been approved by the concerned City agencies, and WHEREAS, the Board of Public Works has indicated that the use of City of Ithaca work crews to complete the desired ,project may,not 'bq posst,41e:because of ,`the pressure of other..work to be done in: the spring and summe'r`'of .1973;' t NOW THEREFORE BE IT RESOLVED, That this Common Council does hereby�,fequest Board of Public Works to advertise•.fori bids -to' provide' the necessaiy materials and servi �sj as outlined in the,speeif ications and drawings•approved' And d& 'filed= in his office (copy attached to) minutes) and -for which ftinft-have` already:been r' allocated. Carried By Alderman Jones: seconded by Alderman Boronkay 2ESOLVED, That the three resolutions, one on D'dWttt,,Park,*;twq-,oh South-Hi11-i Play`gr'ound and three,on MacDaniels Park be amended to read "This Common Council does hereby request the Board of Public Works to expedite these projects and direct the Superintendent to put these projects out to bid." Carried CONWAY PARK: Alderman Saccucci asked for the progress of Conway Park. Alderman Nichols reported that the neighborhood and the Planning Board were meeting on this tonight and were going to agree on exactly what they wanted, and a resolution would be presented at the next regular Common Council meeting.__ Somethiig is..expected to be done this year doom. there. 8 ROUTE 96: Alderman Jones reported that action taken in February on the matter of the lease Park Land in the possible relocation of Route 96 was not quite the prerequisite in getting on the Environmental Hearing. The Planning and Development Committee and the Public Works Committee met and discussed this. There is a timing- factor involved in this. The two committees have come up with the following .:w resolution: By Alderman Jones: seconded by Alderman Nichols WHEREAS, the proposed relocation of New York State Route 96 as well as New York State Route 13 has been a matter of deep concern to the entire greater Ithaca area, and WHEREAS, these highway improvements are necessary for the safety, health, and welfare of the entire community, and WHEREAS, the Department of Transportation requires an official statement that the use of park lands purchased with federal monies will not diminish the park land owned by the City of Ithaca, AGREEMENT i i �! AGREEMENT made this 21st day of March, 1573, by and between Raymond DiPasquale hereinafter called "the City Architect," and the j City of Ithaca, New York a municipal corporation of the State of New York, hereinafter called "the City," l WITNESSETH: 9 WHEREAS , the City intends to contract with New York State Urban Develop- ; J ment Corporation (UDC) and Caldwell Development Corporation (Caldwell) , among �i j other parties, for the development and construction of a department store, shopping mall and a parking structure for approximately 450 cars on a site generally east of the present Ithaca City Hall ("the Project") and i WHEREAS, on behalf of said UDC and Caldwell , the architectual firm of Warnec,Burns, Toam and Lunde, in association with Anton Egner and Associates e df 9 ("the Supervising Architect") , has prepared plans and specifications for said construction, and WHEREAS, the City intends to purchase the parking structure upon its Ig satisfactory completion, in compliance with the said plans and specifications, ) I$ and WHEREAS, the City desires to contract for architectural services on its i behalf in connection with the said parking structure portion of the develop- ll ment and construction, and WHEREAS , the City Architect agrees to perform complete professional Yl consulting and advisory services to safeguard and protect the interests of the City, NOW THEREFORE , the City and City Architect in consideration of the it mutual covenants and agreements herein contained, agree as follows: 1 . City Architect shall review and approve the plans and specifics- ` tions now prepared and to be prepared by the Supervising Architect. i; City Architect understands that UDC will not approve said plans 1; ki' S j and specifications unless and until the City Architect has i r approved the same. j ; 1 `l +q is 9j i1 2 - j' 2. City Architect shall make periodic visits to the Project site j during construction to familiarize himself generally with the I progress and quality of the construction , to determine, in general , if the work is proceeding in accordance with the plans and specifications. On the basis of his on-site observation, he shall endeaver to guard the City against defects and deficiancies in the work of Caldwell or its contractor. I , 3. Based on such observations at the Project site and on the con- a tractor's application for payment, the City Architect shall assist the Supervising Architect in determining the amount owing i to the contractor at progressive stages of construction. 4. The City Architect shall represent the interests of the City regarding claims made by the contractor, Caldwell or UDC relative t to the execution and progress of the construction and development, and on all other matters or questions related thereto. 5. The City Architect shall review and approve shop drawings, samples and other submissions of the contractor with respect to the construction for conformance with the design concept and for compliance with the information given in the plans and specifications. 6. The City Architect shall determine, together with the Supervising Architect , whether utilities have been sufficiently upgraded and relocated so as to permit construction to commence. 7. The City Architect shall represent the City's interests in connec- tion with changes in final plans , final specifications and �E working drawings , and shall give his approval to same only when satisfactory to the City in his judgment. 8. All he i will be b � other parties required y contract to afford the I { City Architect full opportunity at all times to inspect the j project site and to make available to the City Architect for his examination all drawings , prints , documents and all available information in any manner relating to the project. - 3 - 'i �I i 9. The City Architect shall represent the City in connection with preparation of change orders, including computation of the increased or decreased cost resulting from such change. 10. In the event the City Architect deems it necessary and appropriate to hire a professional consultant to assist him in the performance of his duties , he shall select, employ and direct such a con- sultant, and such consultant shall be compensated therefor by the City as mutually agreed between the consultant and the City. I The duties and responsibilities of the consultant shall be set forth in a separate contract to be attached to this agreement. H . Nothing contained herein shall be interpreted so as to relieve the Supervising Architect of their status and responsibility as 'I architect of record. The Supervising Architect shall cause i their seals and signatures to appear on all drawings and speci- fications, and shall certify that the parking garage has been completed substantially in accordance with the plans and specifications , as amended, modified or supplemented, in a good and workmanlike manner and in comformity with good construction and engineering practices and shall be ready for use. Upon such certification by the Supervising Architect, the responsibilities of the City Architect under this agreement shall terminate. 12. The City Architect shall serve as liason between the UDC and the City in connection with all architectural and technical matters i pertaining to the parking garage, and shall perform the functions of the City Architect as more fully enumerated in the documents which are a part of the development of the Project, including by way of illustration but not limitation , all Purchase and Sale Agreements and Operating Agreements. Copies of all such agreements 1 I shall be furnished to the City Architect. i i - a - i 13. Prior to the signing of the five party "Agreement for Development of Ithaca Central business District" by UDC, City, Ithaca Urban Renewal Agency, Rothschild Bros. and Caldwell , and the City's assignment of its contract with the Supervising Architect to UDC, the City Architect shall perform subject to the supervision of the Planning and Development Committee of Common Council . Thereafter, he shall perform under the supervision of the whole Common Council . 14. The City Architect shall be paid a professional fee of $25.00 per hour, plus expenses reasonably incurred in the performance of his duties , with a top limit not to exceed $12,000 (subject to t future re-negotiation) . The City Architect shall submit detailed, a itemized time and expense bills to the City monthly. bills will be paid by the City within 60 days after receipt unless the City i objects to any bill , in which latter event the City and the City Architect will discuss the issues in dispute. 15. This agreement may be terminated by either party upon thirty (3U) days written notice. 16. The City Architect shall effect and maintain insurance to protect himself from claims under workmen's compensation acts, claims for damage because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom, and from claims arising out of the performance of professional services caused by any error, omission I or negligent acts for which he is legally liable. 17. The City Architect shall report to Common Council and to its Planning and Development Committee when requested to do so or when he deems it necessary or appropriate. - 5 - 18. The City Architect and the City each binds itself, its partners, successors , assigns and legal representative to the other party with respect to all covenants of this Agreement. Neither the City Architect nor the City shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. 19. This Agreement represents the entire and integrated agreement between the City Architect and the City and supersedes all prior negotiations, representation or agreements, either written or { oral . This Agreement may be amended only by written instrument signed by both parties. C This Agreement executed this day and year written above. l City of Ithaca �. Mayor ity Architect eputy ity , eik ,t i I. Introduction Oux purpose is to develo7 a neirhborhoGdl -Far?. anid -layi-rounJ to accommodate indivi, ualr of ail a4es in the southern arwa of West MI. it should provOe - variety of nctivities or ar active and nassive nature am should be rnAe usable thrournout the year. it will serve a population of about �-jq in2judinx from 310 no 400 children . The park is to be Kfarmal in its -n2 ,,se of rnterin3s to Kre- it in character wit" the two-nere site :an: its wooled, rallinn terrain. Hence, play facilities shculd nake use of the many inlerestin�- natural features of t r site an ! cnce shoo!" not Anue tn. 0" tn, 2tandaru playrrw t - the Site TM site is prAM 1 n] 17 a' c-Y-4 KzK 7 v:aj ln� lef rn P an � an r! 0� ar of a7-ale ear t . ce t Cr)V,,:f!7 ul-'^? v L the rL 21 eXOM for n few open spaces. The 2 1/h-acre Vt� MOIM un-rally tn cne V Qr � D rorcUl . Slopes in certOr are.� fr-Y 10 t : Vn: 1 , . and O. 1. corner Df the Wc nir . et: 01s 000 A01 - L vari *Ae center to form a annilu '- i errPin t cantor Yo PwCe P aluost flat. Ae Kilhest 5% r, A. zwr— r. a nof V cc-:ire-nds % 1 ;waru Lou A nnd th- Tti-s" OnMPUS. TLe sit� is i-rapv- �n tna 'IS! 1; :"Ve MCA= treeA , �n- tve A70 v no open fie!!, on ! to ty ... j ;npcwvA P ,iP%sion cC Varr= Q. and oL t. f North by private esi :oniws- t"ac .aniels Park i Listing- of equipment and im^rovements Concrete spray pool - approximately in diameter - concrete surface - 783 sq. ft.. - retai4inn wall 600 sq. ft. - „ester line - ft. 2 concrete slides built into slopes - X10 sq. ft. - one 20' long ana curved - other 3W larr anA curved 3 sand boxes 'wilt into slide at = levels - :' x r-� ac'- Climbing logs - A years old area will have apnr vimainy 4' near feet with to 1 Mis thick at 'e'; riois hpi .3. - pro-school area will We „roziratel . rear fee with about 7 Lam' L 1= 3 nkirp at va_°'1.0'.:S 1:07-ts. Swing apparatus - onP for t'. .a ' are% loo_° stockades - o e 5-1` l .near Net in :r A._ r ur ..M.. sewer Culver 1, . _t t irc, s _ - st sets c:'i ;;abaci r_ .:-,.. _. . .. - r - f1. 410ye ._ t ..:c a: i 1Cr.1C tall es wit" 12 S1Iarle benches o.ltdoor cl;v_r_A; 1 badminton set on, nel Of Pries 1 set horse shies .:askethali oils 50 railruaL tins L ,. .; ;e 1C. ,.faro ryn1 '4.E". raci! r;_ : , 3 ,. J7 :t. area. "uvin,; for pat;:s - -- Y OEM ESTIMATED COSTS OF i'S,PLANTING & 0"HER II','IPROVEI 7,NTS rz;) FOR DEV112 T PARK,IL-'CO�kIIENDED FOR IMPLEYIXNTA'1'ION,9PRJNG 1973. 1 .Tr4nsplant 6 mock orange in N'o corner. . . . . . . . . . . . . . . . . .348. & mass to block end of old walk .Transplant 16 forsythia,gift of Cornell. . . . . . . . . . . . . . . . 128. 4 along N walk,near NW corner 4 " S side of YN diagonal 5 massed at N end of SE diagonal 3 to screen electric box,..; side 3. Transplant the 12 barberry along curbs 19 TTd park corner & N`r'i corner memorial. . . . . . . . . . . . . . . . . . . . . . . . . 96. 4.Five new barberry for corners of memorial. . . . . . . . . . . . . . . 50. 5.Two post and wire fences to ;)rotect corners. . . . . . . . . . . . .24. 6.Reseeding paths where walks were removed. . . . . . . . . . . . . . . .40. 7.Trees,mulched and , ?landed Two tulip, 3, 1-32 in dia=eter,29G.each. . . . . . . . . . . 380. Two locusts,2. "--3" " " , 135.each. . . . . . . . . . . .270. stakes &- guy lines for A tre- s. . . . . . . . . . . . . . . . . • .7G• 8 Shrubs,inuiuned planted one J'aaariese l .l- c 90. ten andora j,�mi >er. . . . . . . . . . . . . . . . . . . . 1 ' 1 3 a'.. iTW corner near one Laarl.e�., rOU� dxl'p� �itf h 100 from Garden ire 'o�m, i,;1 -nter• <'_�r planting 9 .Two wood bencYies to r -de b,; 1�0(' ,�t'ood( oak) at, ,�)U,each. . . . . . . . . . . . . . . . . . . . . . . . 186. ari.,tal'jtion bar )P;,` (boi iii to cerpt7 t wa� 1 ' 4C) 1O.Fountain improvemenL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AGO. c,�bbl�t�a 1998- f Estimates of tree and shrub coats from Narren 'Whi ue,nurseryman,Newfield Figures include planning and mulching and " some watering" . Guaaantee is for 6 months at 50,� cost of renlacement,although in some cases he will replace w/o charge(as he did previously) Guying costs extra: with 3 posts & horizontal cross pi.eces. . . . 15. per tree it 2 " such as City uses. . . . . . . . . . . .$8. It " Tulip: Diameter 1-t-2j; height 11 ! -131 . . . . . . . . . .each $110 2t63 12t -14. . . . . . . . . . . 145. 3-3i" 131 -151 . . . . . . . . . . . 190, 3z-4" , 14' -16' . . . . . . . . . . 250. Locust " 2-2-�,6119 no heights given. . . . . . . . . . . . . . 1000 2 -3" at this nursejry . . . . . . . . . . . . . . . 135. 3T-4" . . . . . 220. Chinese Varnish 2-2z" 9+ -111 . . . . . . . . . . . . . . 120. tree 2-_ it " . . . . . . . . . . . . . . . . 150. 3-32 10' -121 . . . . . . . . . . . . . . . 195. Japanese lilac 1 -2" 61 -7+ . . . . . . . . . . . . . . . . .60. (measured at 2-2�" 81 -101 . . . . . . . . . . . . . . .90. base of trunk) 2S-3" 101 -121 . . . . . . . . . . . . . . . 120. Andora Juniper- width of spread 18-24 11 . . . . . . . . . . . . . . . . . 12. 24-30" . . . . . . . . . . . . . . . . . 14.50 a Department of Public dorks Costs from Mr.Dingman' s Gfr'ice Transplansing of barberry,forsytnia,mock orange. . . . . . . . . . . .$8.each Reseeding of mud paths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40. Fences ( post & wire,in 2 areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . .24. Benches _ bolting to cement walls . . . . . . . . . . . . . . . . . . . . . . . . . .20.each Trees: planting,if City is to do this: 5"-6" tree. . . . . . .330.each 2"_3n " . . . . 60 " Junipers. . . . . . . . . . . .4. " March 7, 1973--p. 8 FULTON STREET PARKING: By Alderman Stein: seconded by Alderman Boronkay RESOLVED, That City ordinance under Section 15-182 Parking prohibited during certain hours on certain streets that two hour parking insert, North-Fulton Street East Side, Seneca Street to Buffalo Street and further insert West Seneca Street North Side from Fulton Street to a point 75' to the East. Carried March 7, 1973--p. 11 STANDARDIZATION OF TRAFFIC SIGNAL EQUIPMENT: By Alderman Rundle: seconded by Alderman Barber WHEREAS, it is deemed to be in the best interests of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons: 1) The City has Crouse-Hinds traffic signals and controller equipment in use at fifty intersections throughout 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 required to service different types of signals.. 3) The labor cost involved in servicing one type of traffic signal when compared with servicing different types will also be much less. NOW THEREFORE BE IT RESOLVED, That pursuant to Subdivision 5 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 signals and controller equipment as the type of such equipment to be used in the City of Ithaca during 1973, except on the State Arterial Route on Meadow- Street, and that the Board of Public Works be authorized to advertise for Bids thereon during 1973, and include such limitation in its advertisement for bids. Carried March 7, 1973--p. 11-12 STANDARDIZATION OF PARKING METERS: By Alderman Rundle; seconded by Alderman Barber WHEREAS, This Common Council has been requested by the Board of Public Works to standardize the Park-O-Meter as the type of parking meter to be used in the City of Ithaca during 1973 and to authorize the Board to advertise for bids on and purchase meters of this type in such quantities as there are funds appropriated for that purpose in 1973, and WHEREAS, The price to be determined from such bids shall also determine the price to be paid for any and all such meters throughout the balance of 1973, and WHEREAS, it is deemed to be in the best interests of the City of Ithaca, for reasons of efficiency and economy, to approve such standardization for the following reasons; 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 will 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 costs involved in servicing one type of meter when compared with servicing several different types will be much less also. NOW THEREFORE BE IT RESOLVED, That pursuant to Subdivision 5 of Section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca, New York, hereby authorizes the standardization of Park-O-Meter, as manufactured by Rockwell Manufacturing Company, as the type of parking meter to be used in the City of Ithaca during 1973; and that the Board of Public Works be authorized to advertise for bids thereon during 1973 and include such limitation in its advertisement for bids, Carried March 21, 1973--p. 5. CHESTNUT STREET PARKING: By Alderman Meyer: seconded by Alderman Stein RESOLVED, That Section 15-180, Parking Prohibited at all times on certain streets be amended by inserting: Elm Street, both sides, Chestnut Street to West City Line, Carried -2- May 2, 1973--p. 7-8 ZONING ORDINANCE AMENDMENT--OFF-STREET PARKING: By Alderman Stein: seconded by Alderman Wallace RESOLUTION TO AMEND THE ZONING ORDINANCE OF THE CITY OF ITHACA TO PROVIDE FOR ADEQUATE PRIVATE OFF-STREET PARKING IN RESIDENTIAL AREAS WHEREAS, there exists a shortage of private off-street parking in certain areas of the City of Ithaca, which causes inconvenience to drivers and to residents of the areas, and WHEREAS, the continued conversion of existing buildings, redevelopment and new development of parcels within the residential areas of the City will put further burdens on parking facilities in these areas, and HEREAS, the parking requirements contained in the City's existing zoning ordinance, by being tied to dwelling units, do not satisfy the possible demand for such parking in many situations, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca hold a public hearing on May 23, 1973, at 7:30 p.m. in Common Council Chambers, to consider amendments to the zoning ordinance of the City of Ithaca as follows: Section 2 - Definition: Add "bedroom or sleeping room. A habitable space all or part of which is used for overnight sleeping." Section 7 - District Regulations Chart (Column 5, Off-street Parking Requirement; : Delete from use District RL "1. One space per dwelling unit." Section 7 - District Regulations Chart (Column 5) : Add "One space for the first three bedrooms or sleeping rooms or part thereof plus one space for each additional two bedrooms or sleeping rooms, or part thereof." and BE IT FURTHER RESOLVED, that the Planning Board of the City of Ithaca is hereby requested to review the proposed amendments and to submit its recommendation thereon to this Council prior to May 23, 1973, and BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca be, and he hereby is, authorized and directed to advertise in the Ithaca Journal for a public hearing for the above purpose as directed by the Council, and BE IT FURTHER RESOLVED, that the City Clerk also send a copy of this notice to the Clerk of the Town of Ithaca, the Clerk of the Board of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca Regional Planning Board and the Finger Lakes State Park Commission. Carried May 2, 1973--p. 14 AMENDMENT OF ZONING ORDINANCE - OFF-STREET PARKING: Alderman Stein reported that the text of the off-street parking as read yesterday should be changed from "One space for the first three bedrooms or sleeping rooms or part thereof plus one space for each additional two bedrooms or sleeping rooms, or part thereof," to make it stronger. By Alderman Stein: seconded by Alderman Nichols RESOLVED, That the Zoning Ordinance be amended to read under Sec. 7-District regula- tions Chart (col. 5) to read "one space for the first three bedrooms or part thereof, plus 1 space for each additional 2 bedrooms or sleeping rooms or part thereof." Carried May 23, 1973--p. 1 Z ONING ORDINANCE AMENDMENT--OFF-STREET PARKING was read to Council by Alderman Stein as presented at the May 23, 1973 Common Council meeting: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BE IT FURTHER RESOLVED, that the Planning Board of the City of Ithaca is hereby requested to review the proposed amendments and to submit its recommendation thereon to this Council prior to May 23, 1973, and BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca be, and he hereby is, authorized and directed to advertise in the Ithaca Journal for a public hearing for the above purpose as directed by the Council, and BE IT FURTHER RESOLVED, that the City Clerk also send a copy of this notice to the Clerk of the Town of Ithaca, the Clerk of the Board of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca. Regional Planning Board and the Finger Lakes State Park Commission. -5- March 21, 1973 NOW THEREFORE BE IT RESOLVED, That this Common Council does hereby affirm that it accepts unconditionally the use of some of the land purchased with funds received from the Federal Bureau of Outdoor Recreation as may be required by the New York State Department of Transportation for the relocation of Route 96 or Route 13, and That this Common Council will cause to be purchased land of equivalent area and monetary value inside or contiguous to the City of Ithaca to be dedicated to recreational uses as a substitute for any land required by the Department of Transportation in relocating the corridors for the two state highways mentioned. Carried Alderman Jones reported that the proper procedure to follow was to have the Mayor write a letter to the state in regard to this. The Mayor agreed to this. R BRYANT TRACT PARKING: Alderman Gutenberger reported that property on 301 Bryant Avenue was going for sale. With the parking problems in this area the Building Commissioner had told him that the contemplated purchasers would increase this problem. He requested that the city investigate the purchase of this property with the intent of converting it to parking spaces. By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, That the City of Ithaca investigate the purchase of the property at 301 Bryant Avenue for the purpose of converting this to a city-owned parking lot, and BE IT FURTHER RESOLVED, That this resolution be referred to the Budget and Administra-. tion Committee and the City Attorney for report back to this Council. Carried By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, That the Deputy City Clerk inform the Building Commissioner of the action of this Council in writing. Carried CHESTNUT STREET PARKING: By Alderman Meyer: seconded by Alderman Stein RESOLVED, That Section 15-180, Parking Prohibited at all times on certain streets be amended by inserting: Elm Street, both sides, Chestnut Street to West City Line. Carried PUBLIC HEARING OF C014VEYANCE OF LAND: Mayor Conley asked that the Council give him authority to advertise for a public hearing on the conveyance of land for the parking lot proposal. By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, That the Mayor be authorized to conduct whatever public hearings may be necessary to convey land to UDC for the parking lot structure, contemplated on Seneca Street. Carried On motion the meeting was adjourned at 11:40 p.m. Robert G. Grey, Deputy Fity Clerk Edward J. C&Agey, Mayor t r° COMMON COtNiCIL PROCEEDINGS CITY 01 ITHACA, NEW YORK ,Special Meeting 7:30 p.m. March, 28, 1973 Smt or -,Conley Aldermen (12) - Saccucci, Slattery, Wallace, *Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Stein, Henderson, Barber a.. ABS (2) - Gutenberger, Schmidt OTHERS PRESENT: Controller - Daley Supt, of Public Works - Dingman Ass't. Controller - Spano Aes',t. to Supt. - Dougherty Alderman Candidate - Brown Fire Chief Weaver Deputy City Clerk - Grey Mayor Conley announced that this special meeting was called for the purpose of dealing with employees' contracts for this year. Mayor Conley adjourned the r*4pUt meeting so that the Council could go into executive session at 7:40 p.m. to discuss these contracts. EXECUTIVE SESSION: Charles Weaver, Chairman of the negotiating committee, reported that agreements have been reached with the P.B.A. and C.S.E.A. The contracts are essentially the same as 1972 contracts with minor changes. He reported on the changes in each contract and answered all questions. The salary recommendation is 4% cost of living adjustment and an annual 2% increment is granted to those not at maximum. This meant that some of the older employees would not be receiving the 2% merit as they were already at their maximum.salary- as established. Mr. Weaver reported on the executive payroll where some pf tho,,i.ncreases were larger than others but explained that there was not a pattern to follow on these. The fringe benefits of the executives were being spelled out. for the first time. He thought that more work should be done on the executive payroll for 1974. The negotiating committee recommends the adoption of the C.S.E.A. contract, the P.B.A. contract and the executive payroll. After much discussion the executive session was adjourned to. the 'regular,meeting. Regular Ameting reconvened at 8:00 p.m. CIVIL SERVICE EMPLOYEES CONTRACT: Charles Weaver, Chairman of the City's negotiating +wM team read the following statement: The Negotiating Committee wishes to report that an agreement has been reached with the negotiators for the City of Ithaca Unit CSEA., Inc, covering conditions of employment January 1, 1973 to December 31, 1973. The agreement renews the existing. contract with the following changes: 1. Grandparents have been added to the definition of immediate family in the emergency leave article. 2. The City agrees to pay tuition for educational ,courses that will improve the employee's ability to perform his job. 3. All covered employees are granted a 4% cost of living salary adjustment and an annual 2% increment is granted to those not at maximum salary. The Committee recommends approval of the contract. By'Alderman Slattery: seconded by Alderman Jones RESOLVED, That the agreement between the City of Ithaca and the.City of .Ithaca Unit of .C.S.E.A. , Inc. , effective January 1, 1973 be approved.fts recommended by the C#y's Negotiating Committee, and that the Mayor and City Clerk be authorized to sign and execute the contract in behalf of the City under its corporate seal. (copy 'attached to minutes) AYES: 11 NAYS: 1 Barber ABSENT: 2 ,Gutenberger, Schmidt t, -2- Mardn 28; 1973 'VMW,E BENEVOLENT_ASSOCIATION CONTRACT: Charles Weaver reported on the P.B.A. contract. The changes reflected a $20.00 increase in clothing allowance and a 4% increase across the board with a 2% annual increment for those who are not at the maximum pay. The negotiating committee recommends the approval of the contract. By Alderman Slattery: seconded by Alderman Spano RESOLVED, That the agreement between the City of Ithaca and the Police Benevolent Association effective January 1, 1973 be approved as recommended by the City's Negotiating Committee and that the Mayor and City Clerk be authorized to sign and execute the contract on behalf of the City under its corporate seal. (copy attached to the minutes) Carried SENIOR CLERK: Charles Weaver reported that in the negotiations with C.S.E.A. it was revealed that an Account Clerk Typist, employed in the Police Department had been responsible for duties beyond her present classification. The Civil Service Commission has approve a job classification of Senior Clerk for this position, and this Committee recommends a slaary range of $5039 - $7464 and approval of that job title in the Police Department with the stipulation that this replaces the formerly authorized job. (Job specifications on file in Civil Service Office) By Alderman Slattery: seconded by Alderman Wallace RESOLVED, That the position of Senior Clerk be authorized in the Police Department at a salary range as indicated in the 1973 agreement between the City of Ithaca Unit of C.S.E.A. , Inc. and the City of Ithaca. Carried EXECUTIVE PAYROLL: Charles Weaver reported that fringe benefits had been established for those employees not covered by unions. The salary range for executives was based on the executive salary study. Some were higher than others but his was to bring them up to the recommendations of the study. By Alderman Slattery: seconded by Alderman Nichols WHEREAS, It is the intent of Common Council to provide for the conditions of employment for those officers and employees not represented in any of the formal bargaining units, THEREFORE BE IT RESOLVED, That the Compensation Plan recommended in the "Executive Salary" (copy attached) be adopted, and that the salaries effective January 1, 1973 for the employees in those jobs be as indicated in the listing attached, and FURTHER BE IT RESOLVED, That each employee be eligible for fringe benefits as detailed in the attached document entitled "Fringe Benefits for Employees in Executive Payroll." Carried Charles Weaver reported at this time he would like to thank all of the negotiators who showed patience and understanding, as the negotiations had started in September and had gone on for almost six months. He would like to thank those employees who have been in city service for long lengths of time as to their understanding which e mbled the unions and the city to come to an agreement. Alderman Slattery on behalf of the council thanked them also. On motion the meeting was adjourned at 8:10 p.m. t Robert G. Grey, Deput City,' Clerk Edward J on y, Mayor 22 Amp, 23 CMMN COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. April 4, 1973 PRESENT: Mayor - Conley Aldermen (13) - Wallace, Gutenberger, Schmidt, Rundle, Spano, Nichols, Jones, Boronkay, Stein, Henderson, Saccucci, Barber, Slattery ABSENT (1) - Meyer OTHERS PRESENT: Supt. of Public Works - Dingman Asst. Planning Director - Meigs Fire Chief - Weaver Executive Director Urban Renewal - Brown Police Chief - Herson. Police Commissioner - Spencer Youth Bureau Director - Cutia Comm. Public Works - Golder Chamberlain - Wright Alderman Candidate - Brown Bldg. Commissioner - Jones Controller - Daley Planning Director - VanCort Deputy City Clerk - Grey All present stood and were led by the Mayor in a Pledge of Allegiance to the American Flag. O Alderman Jones requested that the Council extend its sympathies to Senator Smith on the death of his daughter on South Aurora Street two weeks ago. Mayor Conley asked the Council' to stand a moment in silent prayer. MARY JUDITH KELEMEN: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this Common Council wishes to convey its deepest sympathy to Senator William Smith, and his family for the loss of their daughter as a result of an accident on South Aurora Street on March 11, 1973, and BE IT FURTHER RESOLVED, That this resolution be spread on the minutes of this session and that a copy thereof be transmitted to his family. Carried Mayor Conley introduced H. Matthys VanCort, the new Planning Director. Mayor Conley announced that the Public Hearing for the sale of the land on Seneca and Aurora Street to'-Urban Development had been duly advertised and that the Public Hearing was now officially open. RAYMOND VANHOUTE appeared as president for the Tompkins County Chamber of Commerce and spoke for the project. JAMES DUNSTON 121 Eastern Heights Drive, a member of the Urban Development Corporation Advisory Board said that they had examined all phases of the plan and in their opinion should proceed at once. The timetable was critical and they must start this month. RUTH SHAW saleswoman for Gallagher Real Estate, representing the Downtown Women Business Group spoke in favor of the sale. GEORGE HARPER 411 Dryden Road, felt that all the facts were not presented. He felt that the merchants were being subsidized by building them a parking garage. More facts and figures were needed to substantiate the number of parking spaces being contemplated. He was against the project. ARTHUR GOLDER 110 West Court Street, felt that the figures presenting costs and revenues were not correct. He felt that the taxpayers could not afford a project of this based on the figures presented. He was against this project. JOHN SPENCER 605 Mitthell Street, spoke on the need of parking spots. He knew studies were in the making but he had not seen the finished studies. He questioned whether the timing was as important as it was being made out. Unforeseen cirqumstances can stall any project so that even if it was started on time, this did not meep it would finish on . oae. He questioned the fact that a recommendation had not been made by the City pYan� g Department or the Planning Board. He was neither for nor against the proms; but felt that there were questions that needed answers. 24 -2- April 4, 1973 HUNNA JOHNS 4P3 Linn, Street questioned five tier ramp . when three would suffice. He did not believe that elevators would be needed. Asked who authorized Stewart and Bennett to go ahead. The city had been trapped in ids dealings with Urban Development t6rporation and asked if this had been forgotten. Monthly parking was not feasible As cost would run too high. He favored a three tier ramp without elevators; and if five tiers needed later, add to them. STEWART LEWIg Chairman of the Downtown Businessmen's Association, reported that there was al ays opposition to agressiveness in this city. Without parking there would not be�downtown mall. Their study of parking spaces needed was in the 1200 to 1500 class. The downtown area was 16% of the tax revenues of the city. The downtown area has the highest density in three or four blocks outside of New York City. Essentially the plan is- good, cost is reasonable and will be offset by increased sales tax revenues. As a merchant he felt thdt better stores would be in the downtown area, rentals would not be as high and more buildings would be improved. Parking is not a merchants business or responsibility. The responsibility of parking is up to the municipalities. He was in favor of proceeding with the project. THOMAS BENNETT President of the First ',rational Bank felt that the survival of the downtown area was at stake. The city needs the downtown area and should decide. to move ahead as a community. He was in favor of the project. WILLIAM BALDINI owner of Williams Shoe Store, felt that Ithaca was fortunate in keeping its downtown area as long as it has. Nothing has been done to improve area in quite a few years. If another major shopping area opened up, it could be disastrous for the downtown area. Parking would help the business district. He was in favor of the project. MARRY CRAMER Owner of Cramers Jewelers, spoke on the possibility of a shopping area on Meadow Street, if it went into a business atea, ddwntown wds all through. He was for the project. At 3:35 by Alderman Schmidt: seconded by Alderman Jones RESOLVED, That the Public Hearing on the sale of land to Urban Development Corporation be closed. Alderman Jones presented the resolution to sell the land to the .Urban Development Corporation. Attorney Gersh reported on minor changes in the resolution as presented and all were in agreement for the changes. Attorney Gersh reported on changes it the lease agreement given each alderman. (copy attached to minutes) Urban Renewal Director Brown reported that if the price established five years ago was accepted by H.U.D. , the price would remain the same. It was a possibility that the price could go up after five years. Alderman Boronkay asked if Stewart and Bennett could be sued if not completed on time. Attorney Gersh replied they could if work was not satis- factory but not if it was due to circumstances beyond their control. Alderman Wallace asked if penalty clause was included and Attorney Gersh replied Stewart and Bennett would not agree to it. Mr. McGuire of Stewart & Bennett reported that they have never been behind schedule and if contract extended their bonding costs would go up.. He felt that the project would be done before November 15, 1973. Alderman Barber asked if controller had figures on this. Controller Daley presented breakdown of Legal Debt Limit for 1971 through 1975. He stressed that there were many unknown factors involved and they could change. The cost of the Major Projects in the Capital Improvements budget must be kept in mind. He recommended leasing rather than bonding. Mayor Conley felt that U.D.C. payment would be constant and this would help when the downtown area was being developed. The City will have the option to buy this facility. Henry McQuire saidthat the plans are basic plans, working drawings will be presented and turned over to the city. Drawings will be more concised. Alderman Wallace questioned the buying of the project in anticipation. Mr. McGuire reported that the concept of the facility will not change. Attorney Gersh reported that the city will be simply tenants; UDC will be the landlord but city will pay all expenses for operation. Alderman Wallace asked who was protecting the city interests on quality of work. Mr. McGuire replied this would be done by a qualified laboratory. Alderman Wallace asked if the Board of Public Works had a recommendation on this project as they were involved. Supt. Dingman replied no recommendation from the Board of Public Works. Alderman Jones read section six again. Supt. Dingman spoke in length on the problems of issuing building permits. Attorney Gersh reported that the zoning ordinances do not apply to government functions. Supt. Dingman hoped that the council would solve these problems without jeopardizing the Building Commissioner or other city departments. Attorney Gersh reported that the Building Commissioner could issue interim permits. Attorney Gersh reported that the zoning LEGAL DEBT LIMIT FISCAL 1975 Limit $9,058, 0 NET INDEBTEDNESS SUBJECT TO DETT LI MI T L elusions Bonds $41208,200 Ixclusions Water Bonds 422,500 $3,785,700 City Hall Ramp 11632,000 Mall 746,000 Rothschild-Caldwell Ramp 2,000,000 e', Indebtedness Subject to Debt Limit $8,163,700 )e?�t Limit $9,058,205 nelebtedness Subject to Debt Limit 8,163,700 t Contracting Power Available $ 89+,505 ley-cent of Debt Contracting Power Exhausted 90.12% I �rcent of Debt Contracting Potter Available 9.t,(3% LEGAL DEBT LIMIT FISCAL 1973 liebt Limit $9,0 `3,205 NET INDEBTEDNESS SUBJECT TO DEBT LIMIT Ii.clusions Bonds $5,15+,600 Exclusions Water Bonds 510,500 $4,644,100 City Hall Rare 1,750,000 I:et Indevtedness Subject to Debt Limit $6,39+,100 Debt Limit $9,058,205 I,idebtedness Subject to Debt Limit 6,39+,100 Debt Contracting Power Available $2,66+,105 Percent of Debt Contracting Power Exhausted 70.59% Percent of Debt Contracting Power Available 29.410 LEGAL DEBT LIMIT FISCAL 1974 Debt Limit $9,058,205 NET III ESS SUBJECT TO DEBT LIMIT 1clusiond Bonds $4,656,700 z=1Usioas Water Bonds 466,5oo $4,19o,2oo City Hall Rene 1,691,000 Mall 800,000 Net Indebtedness Subject to Debt Limit $6,681,2oo Debt Limit $9,058,205 Indebtedness Subject to Debt Limit 6,681,200 Debt Contracting Parser Available $2,377,005 Percent of Debt Contracting Power Exhausted 73.76% Taccent of Debt Contracting Power Available 26.24% Y LEGAL DEBT LIMIT FISCAL 1971 ASSESSED VALUE OF FULL VALUE LINE TAXABLE STATE OF TAXABLE FOR YEAF ENDING NO REAL ESTATE EQUAL. RATE ASSESSMENT )eaember 31, 1967 1 $ 96,225,876 34 $114,554.61 )e-ember 31, 1968 2 97,686,619 83 117,694,721 T Member 31, 1969 3 98,272,673 82 119,844,723 )E :ember 31, 1970 4 99,195,921 76 130,520,90 Je !ember 31, 1971 5 100,2201820 72 139,195,50 2c ,al Lire 1 thru 5 6 $621,81o,502 W . Full fax Valuation 7 — 121+ 63 2,-i8 D, )t Limit - of Line 8 $ 8,705,348 NET INDEBTEDNESS SUBJECT TO DEBT LIMIT E:.clusions Bonds $ 6,005,620 Delusions Water Bonds 598,500 NET INDEBTEDNESS SUBJECT TO DEBT LIMIT $ 5,407,120 Jot Limit $8,705,348 indebtedness subject to Debt Limit 5,07,120 )rebt Contracting Power Available $3,298,228 'ercent of Debt Contracting Power Exhausted 62.11% ercent of Debt Contracting Power Available 37.89% LEGAL, LIMIT "I:'(!AL 19'-(2 ASSESSED VALUI-' OF FIMi VAT-i-, LI TAXP3LE SMITE, OF' FOR YI ElIDlNG X 1"EfAl ESTATE' EQUAL. RAT-' A,"`--E'0-SI%E "I ,"rnber 31. 1 )6� 1' C)'7 1 1686, ig 83 $117,694 ember 3 L, 1969 2 2 98�9 72 3 82 110,844,T)' cember 31, 3 130, 520,,,4 1970 99,19�--,921 I- c-rrih,er �I 1()71 4 100,220,820 72 139,195,',83 Arib,er 31, I)' 100,626 23�, 72 139,7 5 a! Lin: I hru 5 6+7,o a 4 Full ':� Valuation 7 129,40)2, e, of Line 7 8 NET INDEBTEDNESS SUBJECT TO DEBT LIMIT :nclusions Bonds $ 53'3,90,) �x,,,lusions Water Bonds 554,500 NET INDEBTEDNESS SUBJECT TO DEBT LIMIT $ 4,984,40 Debt Limit $9,058,205 1,.debtedness subject to Debt Limit 4,984,400 Dtiot Contracting Power Available $4,073,805 percent of Debt Contracting Power Exhausted 55.03% -'ercent of Debt Contracting Power Available 44.97% -3- Apr11 4„ 1.07-1 ordinances- arc inapplicable- when the p"wpw— we uA.ciaing is part, of our govlern—ntal -fimr-ricu- Aidei-man Jones reported that there are committments for interim parking and this council will have ,to.nesotiate and provide financial consideration for this. Alderman Wallace asked how-traffic would be affected when concrete was. being poured. Mr. McGuire replied -that one lane of traffic would be in Seneca Street as a crane would be in use at that area while concrete was being poured,. No further questions being asked the Mayor asked for a roll call vote on the following: By Alderman Jones: seconded by Alderman Slattery WHEREAS, the New York State Urban Development Corporation and its developer have made a proposal for a parking structure to be built on Block 193 in the Ithaca Urban Renewal Agency Project I, Center - Ithaca, NYR-112, a copy of which is attached hereto, and ' WHEREAS, said proposal includes the completion for use of said parking structure not later than November 15, 1973, and the lease of said structure from UDC for a period not to exceed 40 years and, WHEREAS, said proposal includes the purchase of approximately 12,838 sq. ft. of land presently owned by the City of Ithaca', NOW, THEREFORE BE IT RESOLVED: 1) That this Common Council approves the proposal as sdbmitted by the New York State Urban Development Corporation. 2) That the construction of said parking structure be supervised by the Building Commissioner and his delegates to assure compliance faith all applicable ordinances and specifications. 3) That the completion of said parking structure will be accomplished on or before November 15, 1973. 4) That this Commdt CduheA agrees to lease Said comple6d structure from the New York State trbad Bevelopment CorpdiAtion for a period not exceeding 40 years at an annual cost of approximately $138,840.00 as provided in the agreement to lease. 5) That this Common Council agrees to convey to the New York State Urban Development Corporation that portion of Block 193 owned by the City of Ithaca bounded on the north by property owned by the United States Government and used as a Post Office, on the south by Seneca Street,"on the east by Aurora Street and on the west by premises now owned_by 'the Ithaca Urban Renewal Agency, for One Dollar ($1.00) and other good and valuable consideration. 6) That the City and its personnel and departments are hereby directed to take all necessary steps to expedite completion of the Project, including, but not limited to, the performance of the work described in the architectural plans and specifications far the Project and the timely issuance of all permits and certificates necessary and appropriate for the prompt completion of the Project. 7) That the Mayor and the City Clerk are hereby authorized and directed to execute the attached agreements with .the New York State Urban Development Corporation. and I so move. AYES 11 NAYS 1 - Wallace ABSTANED: 1 - Barber ABSENT 1 - Meyer Carried Mayor Conley declared a five minute recess at this point. Meeting reconvened at 10:45 p.m. MINUTES: Alderman Stein reported that the pi#nutes of March 7, 1973, under Section 8-10 on page 8 had outerwear garments. 1111s should read outermost garments. By Alderman Stein: seconded by AldermaH Barber RESOLVED, That the minutes of March 7, 1973, as amended, be approved. Carried LANDMARKS PRESERVATION COMMITTEE-STATION RESTAURANT: The Deputy Clerk read a letter from the Landmarks Preservation Committee advising the council that after a hearing held on March 19, 1973, they had voted unanimously to recommend that Common Council officially designate the Station Restaurant, 806-810 West Buffalo Street as a Historic Landmark of the City of Ithaca. They felt that the proposed highway corridors for Routes 13 & 96 cou]d co-exist. -4- April 4, 1973 Alderman Jones reported that the Planning Board had recommended that the Station Restaurant be designated as a landmark. She felt it was unwise at this time for the council to go on record as approving this and presented the following resolution: By Alderman Jones: seconded by Alderman Barber RESOLVED, That the City Attorney investigate the significance of the legal ramifi- cations of city historic designation of the "Station Restaurant" as it relates to the proposed highway corridor, and BE IT FURTHER RESOLVED, That the City Attorney report back to the eountil at its May meeting. Carried Joseph Ciaschi, read a letter from one of the national magazines complementing him on the restoration of the restaurant and would like to do an article on it. He has two scrap books full of .good reports on his restoration. He felt that there is room for both new highways and restoration of old buildings. He was in favor of the council designating the Station Restaurant as a historic landmark. In line with this the Deputy Clerk read a resolution passed by the Board of Representatives which cited the need for Highway improvements in Tompkins County and is a prime priority. If conflicts with lessor priorities are unresolvable within .reason_, the highway improvements must supersede lessor priorities. The Board urged the Council to consider carefully the inpact of designating buildings or landmarks in the path of the very limited corridor access possibilities between the 'Octopus" and Route 96, and Route 13 less their actions seriously set back or jeopardize the needed highway improvements. TERMS OF CITY COURT JUDGES: The Deputy Clerk read a letter from the appellate division stating that the terms for all Judges of City Courts is being proposed for six years. They would like recommendations and comments from all Common Councils. The purpose of setting a six year term is to allow a Judge to concentrate on his judicial functions without having to be continually cobicerned with a re-election campaign. By Alderman Stein: seconded by Alderman Barber RESOLVED, That the letter from the Appellate Division in regard to six year terms for all City Court Judges in the Third Judicial District, be referred to the Charter and Ordinande Committee. Carried ITHACA CITY SCHOOL DtST#ICT: The Deputy Clerk nad a letter from the School District requesting use df the voting machines for their annual school board election to be held on May 1, 1973, and asking that they be delivered by Thursday, April 26, so that Mr. Feller could have time to prepare them. Mayor Conley requested that all items on the agenda that could be put off for a future meeting be eliminated tonight as there was a possibility of another meeting later on in the month. Alderman Schmidt reported that April .11, the Ad Hoc Committee would be meeting and this should be taken into consideration. POLICE CHIEF APPOINTMENT: Mayor Conley reported that he had appointed James Herson as Police Chief on March 21st but he would like it to be reported in the minutes. By Alderman Gutenberger: seconded by Alderman Saccucci RESOLVED, That this Common Council acknowledge the Mayor's appointment .of James Herson as Chief of Police and hereby approves the salary of $15,652.00 per annum. This appointment will be subject to the usual one year probationary period of the rules and regulations of the City of Ithaca Police Department rules. Carried CITY CLERK APPOINTMENT: Mayor Conley announced that upon recommendation of the Budget and Administration Committee he was appointing Joe Rundle as City Clerk. By Alderman Slattery: seconded by Alderman Nichols RESOLVED, That this Common Council hereby approves the appointment by the Mayor of ?'fir. Joseph Rundle as City Clerk for the City of Ithaca, at a salary of $13,312.00 per annum, effective May 7, 1973. AYES: 12 NAYS- 0 ABSTAINED: 1 - Rundle ABSENT: 1 - Meyer AGREEMENT TO LEASE PARKING FACILITY AGREEMENT entered into this day of April, 1973 by and between t"he CITY OF ITHACA, New York ("City" ) , a municipal corporation existing pursuant to the laws of the State of New York and having its principal office at 108 East Green Street, Ithaca, New York, and the NEW YORK STATE URBAN DEVELOPMENT CORPORATION ("UDC" ) , a public benefit corp- oration of the State of New York, having its principal office at 1345 Avenue of the Americas , New York, New York. W I T N E S S E T H T H A T NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, City and UDC hereby agree as follows : 1. Agreement to Lease . City agrees to lease from UDC a parking facility (the "Facility") of approximately 450 car spaces designed by J. Victor Bagnardi, to be constructed by the developer and general cono:ractor, Stewart & Bennett, Inc. , a New York corporation, and to be located on the "Old City Hall Lot" , bounded generally by the United States Post Office property on the north, North Aurora Street on the east, East Seneca Street on the south, and North Tioga Street on the west ( the "Site" ) . The Facility will be constructed in accordance with plans and specifications (the "Facility Plans") dated April 9 , 1973. 2 . Execution of Lease. City and UDC agree to enter into an absolutely net lease (the "Lease") on or before the date on which UDC purchases the Site from the City. The Lease shall be a valid and binding obligation of the City on terms satisfactory to UDC and wi to City. 3. Terms of -Lease. The Lease will be in all respects an absolutely net lease upon terms satisfactory to City and UDC. It will be executed by City and UDC on or before the date on which UDC purchases the Site from City. All maintenance and repairs and the charges therefor and all other costs , risks and expenses in connection with the Site and the Facility and UDC' s investment therein shall be borne solely by City as tenant. The term of the lease shall be forty years commencing on the Completion Date (as defined below) . Rent shall be payable to UDC in equal monthly installments on the first day of each month of the term of the Lease in an amount which will repay to UDC a principal amount equal to the total of (a) O "". which UDC paid to Stewart & Bennett,, Inc. as the full purchase Ok the "Purchase Price"), fc�,� e Ff lity and (b) a UDC fee of 3% of V ;.�, 't- , "''tJ' E. `"4�•p�..,}� tL.=1°.-i., .mow► I I7 - the Purchase Price, with interest on' such principal amount outstanding from time to time during the term of the Lease at a rate equal to the total of (i) the rate paid by UDC for the funds allocated by UDC to the Purchase Price and (ii.) . 75%. 4. Prepayment of Rent. The City may purchase the structure from UDC at any time during the term of the lease either (i) by pre- paying rent for the balance of the Lease Term or (ii) by paying the unamortized balance ofA-kjj„ s UDC paid Stewart and Bennett, Inc. in connection with UDC' s purchase of the Facility plus any penalty payable upon prepayment of the funds allocated by UDC to the purchase , which penalty in the first fifteen years of the Lease will in no event be less than 30 of the purchase price, whichever arrangement is satisfactory to 5 . Completion Date. The Completion date, as defined herein, is deemed to be the date upon which UDC purchases the Facility from Stewart & Bennett, Inc. , pursuant to the terms of its agreement b ° G V 4 With that company, which date 1,W y November 15 , 1973. 6 . Site Inspection. UDC agrees to cause Stewart & Bennett, Inc. to allow the Site and the Facility during construction of the Facility to be accessible to and agrees to cooperate fully with the Building Commissioner of the City and his designees in the performance of their customary inspection duties. 7. City Authorization. City represents and warrants that the Common Council of the City of Ithaca has given all necessary approvals and authorizations in connection with this Agreement and has authorized the execution thereof by the person signing below on its behalf_ . 8. UDC Authorization. UDC warrants and represents that its Directors have given all necessary approvals and authorizations in connection with this Agreement and has authorized the execution thereof by the person signing below on its behalf. A 9 . Binding Effect. This Agreement stall be binding upon the parties hereto, their respective successors and assigns. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year first above written . CITY OF ITHACA By: NEW YORK STATE URBAN DEVELOPMENT CORPORATION By: 27 -5- April 4, 197-' POLLI14G PLACES: The Deputy Clerk reported that he had put a list of the tentative polling places on the aldermen's desks and asked what action they would like to take on this. Sunny Gooding asked that the council take action now as the Board of Elections needed these, the School, Board needed to know and this would be helpful for all concerned. Alderman Wallace questioned the first two districts in the fourth ward. Alderman Nichols reported that she had designated these as there was not any opposition that she knew of. GIAC was questioned by Alderman Boronkay as to parking and he was informed that there was parking across the street. Alderman Saccucci questioned the GIAC Building. Alderman Slattery reported that there was very little to choose from in that area. Alderman Nichols reported that in the past we have designated polling places and we Are not locking ourselves into this list, This could be changed at a later date but would give us something to go on at this point. By Alderman Slattery: 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 primaries shall beheld on June 4, 1973, and at which the registration of voters, elections and primaries shall be held during the year 1973: FIRST WARD 1st District Chestnut Street West Hill School 2nd District 800 S. Plain Street Titus Flats Housing .� 3rd District 626 W. State Street #6 Fire Station 4th District 300 W. Court Street G.I.A.C. Building SECOND WARD 1st District 300 W. Court Street G.I.A.C. Building =� 2nd District 300 S. Geneva Street St. John's School -� 3rd District 520 Hudson Street South Hill School THIRD WARD 1st District 309 College Avenue #9 Fire Station 2nd District 502 Mitchell. Street Belle Sherman School 3rd District 502 Mithcell Street Belle Sherman School FOURTH WARD 1st District 402 N. Aurora Street St. Paul's Methodist Church 2nd District 402 N. Aurora Street St. Paul's Methodist Church 3rd District 105 Stewart Avenue East Hill School FIFTH WARD lst District 1012 N. Tioga Street #7 Fire Station 2nd District Cor. King & Aurora Street Fall Creek School 3rd District 304 Sage Avenue Sage Hall Carried ANNUAL TS: The Deputy City Clerk reported that the Environmental Commission, the � 'bepartment and the City Chamberlain had filed their 1972 annual reports as reeuired by law. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the annual reports of the Environmental Commission, the Fire Department and the City Chamberlain be received and placed on file. Carried MINI POOL AND SOUTH HILL PLAYGROUND AGREEMENTS: Attorney Gersh reported the agree- ments for the Mini Pool and the South Hill Playground are in progress and not complete. GEORGE PFANN BILL: Attorney Gersh reported that he was working with George Pfann on this and he would submit a final report and a final bill by next council meeting. PROFESSIONAL LIABILITY INSURANCE: Attorney Gersh reported he would like to bring to council's attention his recommendati— -R leok3ng into Professional Liability Insurance. The trend today is lssweuits particularly against Pvliep officer®. WQ do nor 4-Arwy ono r A day to pay any of the costs of the founded claims, but alas to defend us' against the cost of defendin- some of these unfounded claims. ?ie was asking the Budget & Admin. Comm. to look into the matter of obtaining Professional Ins. By Alderman Schmidt: seconded by Alderman Boronkay RESOLVED, That the request of the City Attorney of the City of Ithaca of obtaining Professional Insurance, be referred to the Budget and Administration Committee. Carded p 28 -6- April 4, 1973 WAYNE MURKELSON: Attorney Gersh reported that a city Planning and Law Student had been referred to him by Alderman Stein and has an excellent background to assist him in some of the things that he is doing. He was very impressed with him and was asking council to approve the hiring of him at the rate of $2.00 per hour. By Alderman Stein: seconded by Alderman Henderson RESOLVED, That the Coemron Council hire Wayne larkelson to work with the City Attorney at the rate of $2.00 per hour. Carried Of iiMGA., AIAexwan Slattery report od that this was a, joint referral with the Publie Safety nrittee aAi t3► they had not eiet Yet. haMS a proposal but the ramifications have to be worked out with the City Attorney. They will report back to the council at a later date. SALE OF SURPLUS EQUIEWT: Alderman Slattery reported that ,there exists a number of pieces of used office equipment in City Hall which are not being used`by the City. It is the recommendation of the Budget and Administration Committee that this equipment be sold. " By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That the office equipment as listed below be declared surplus and BE IT FURTHER RESOLVED, That the City Clerk is authorized to sell this equipment to other governmental agencies or advertise for public disposal. 1. Friden Computer - #6010-Advertising has failed to sell this 2. Burroughs Sensimatic Model #1500-Bookkeeping Machine 3. Burroughs Sensimatic - Series F6200 Bookkeeping Machine 4. Burroughs Sensimatic - Series 200 . Bookkeeping Machine 5. Burroughs Bookkeeping Machine 6. Burroughs Check Signer 7. Bu roughs Recordex with reader 8. Addressograph Machine with plate maker and other equipment 9. Weights and Measures Equipment 10. 3 Bookkeeping trays on wheels 11. 4 Safes ` Carried WARNER, BVIUiS, TOAN & LbNbE INVOiCLS: Alderman Slattery reported that the city has ttceived a number of invoices frog Warner, Burns, Toan and Lunde for architectural eervices on the Rothschil�-Cladwell parking ramp. It is the recommendation of the Budget and Administration Committee that this firm be notified to discontinue billing after May 1, 1913. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the darner, Burns, Toan and Lunde invoices in the amount of $2,096.89 be approved for payment, and BE IT FURTHER RESOLVED, That Warner, Burns, Toan and Lunde be notified to update their billing and discontinue billing after May 1, 1973. Carried SOUTH HILL PARK DEVELOPMENT: Alderman Slattery reported that the Board of Public Works has requested the establishment of a Capital Project for the South Hill Park- Development. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That there be established a Capital Project entitled "South Hill School Park Development" in the 1973 Capital Improvement Program, and BE IT FURTHER RESOLVED, That $12,000.00 be :transferred from Capital Reserve 411 (Parks) to this account. Carried CITY ATTORNEY REQUEST: Alderman Slattery reported that there was a need for additional legal services during the City's negotiations with the employees' unions and presented the following: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That an additional amount of $2,200.00 be included in the City Attorney's final budget for additional legal services. Carried WATER AND SEWER RATES: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Board of Public Works be requested to study the hater and Sewer Rates for the City of Ithaca and report back to this council at the earliest possible date with recommendations. After some discussion as to the reasons for the study By Alderman Schmidt: seconded by Alderman Boronkay RESOLVED, That the matter of Water and Sewer Rates be talbed until a more explicit resolution can be made out. Carried 29 BUILDING COMMISSIONERS CLOTHING°- M: Aldayman Sldttery reported that they did not have a recommendatidn at thiiidaa .but. waa requesting the Building Commissioner to appear before the Finance Committee at its next meeting with a specific rAcommonda- tion. FULL TIME CITY ATTORNEY: Alderman Slattery reported that the matter of the full time City Aitorhoy would lie reported by the Executive Committee. Alderman Schmidt reported that this was under study and no report would be ready at this time. FEDERAL REVENUE SHARING: Alderman Slattery reported that the CRP report had been finalized and the Budget and Administration would be reviewing the particular recommendations proposed in this study and would be making recommendations at a future date: -.Alderman Boroikay asked if they were still taking recommendations from the various ones interested in this. Alderman Slattery replied that any of these were welcomed to appear before council to present their requests. PLANNING BOARD'S REQUEST FOR REVENUE SHARING: Alderman Slattery reported that both of these items requested by the Planning Board would be considered at Final Budget time. TRANSFERS: By Alderman Slattery: seconded by Alderman Barber RESOLVED;, that the following transfer of funds requested by the Board of Public Works are hereby approved as recommended by the Budget and Administration Committee: W Amount : $50.00 W From : Public ,Works Administration Account A 1490-310 To ' Public Works Administration Account A 1490-220 Purpose: To provide funds for purchase of typing stand Amount : $1,500.00 From . Water Contingent Account F 1990 $9,Qa ',p0 From . Sewer Contingent Account G 1990 $600:00 To . Shop and Equipment Acct. F 8310-6-250 $900.00 To . Shop and Equipment Acct. G 8110-6-25d $600.00 Purpose: Unanticipated breakdown and emergency replacement of base radio unit. Amount : $32.00 From . Sewer Contingent Account G1990 $32.00 To . General Maintenance Account G8120-1-407 $32.00 Purpose: To provide additional funds for revision of rental agreement with Lehigh Valley Railroad covering underground pipe crossing. Carried AUDIT: By Alderdan Slattery: seconded by Alderman Jones RESOLVED, That the bills Audited and approved by the Budget & Administration Committee in the total amount of $121,031.69 as listed on Audit Abstract #4-1973 be approved for payment. Carried 1 MA,_,,T'�$1t$ IN COST TRAV;BL EAR": By Alderam Slattery: deeded by Aldo - i Henderson RESOLVED, That this Common Council hereby approve the travel expenditures of Mr. H. Matthys VanCort, City Planner in an amount not to exceed $100.00. Carried SURPLUS: Alderman Wallace asked about the surplus for 1972 and asked the Controller if he had a figure at this time. Controller Daley reported that approximately $900,000.00 was the Surplus but $330,000.00 had been used for the Tentative Budget. There were other expenditures to come out of this but a final figure would not be 1iad until the Final Budget was adopted. Alderman Wallace asked that the Budget And Administration Committee look into the possibility of establishing a Tax Stabilization Fund. Controller Daley .reported that the Budget and Administration was already looking into this possibility. EARL BROWN: Mayor Conley recognized Earl Brown, Candidate for Alderman of the Fifth Ward. - .. PUBLIC EMPLOYEES' PENSION PLAN: Sunny Gooding invited the Council to attend a =public meeting this Friday evening at the Central Fire Station to hear tha, Public Employee Pension Plans. This was being sponsored by the Tompkins County League .*f Women Voters, the Civil Service Employees` Association and the Ithaca Teachers Association. time will be eight o'clock. -8- April 4, 1973 CHARTER AND ORDINANCE CO1,1MITTEE: Alderman Stein reported that progress was being made with the items listed for his committee but were delayed due to the meetings held on the parking garage. HOUSING CODE: Alderman Stein reported that they had not received a report .from Mr. Tavelli on the prosecuting of the violations but they were in touch with him and would pursue the matter as soon as possible. POLICE COMMISSIONERS QUALIFICATIONS: Alderman Stein reported that the item of Police Commissioners qualifications should be deleted from the agenda, as it also , appeared on Public Safety Committee. Alderman Gutenberger replied that he thought it was removed from the agenda two months ago. Alderman Boronkay did not remeiduer it being taken off, and it should remain on until the police Commissioners came up with their recommendations. After more discussion Alderman Stein withdrew his request to remove this item. PROVISIONS FOR POLICE CHIEF: Alderman Stein reported that Alderman Wallace was looking into this and would report at the appropriate time. CHANGES AT CASS PARK: Alderman Rundle reported that the Buildings and Grounds Committee of the Board of Public Works, the Public Works Committee of Council and the Youth Bureau had met at Cass Park and went over the suggestions made for the Cass Park Skating Rink. Superintendent Dingman is working on the figures and needs more time. A copy of the meeting is on each Aldermans desk (copy attached to minutes) and a report will be made when it is finalized. WATER AND SEWER EXtENSIONS: Alderman Rundle reported that the Board of Public Works had met with the town boards and tor. Schwann and did gran*_ additional water to west hill;of 273 hbo1; ups and additional hook ups of 474. _DOG ENUMERATOR: Alderman Gutenberger reported that it was the fdeling of the Public Safety Cbmtniftee that the Police Department shouldn°tbecoirie inJol0ed in this. By Alderhndh Gutenberger: seconded by Alderman Schmidt RESOLVED, That the City Clerk be authorized to designate a dog enumerator or enumerators tdr the City of Ithaca. Carried NDONMENT OF VEHICLES: Alderman Gutenberger reported that they had two plans for problem but needed legal advice from the City Attorney. As soon as this could they would report back at the next meeting. The Deputy Clerk asked the `ety Committee to remember that one of the cars in question belonged to ' storage charges were accumulating on this car which would make the �r the charges. dy, a1 0 0�, P 6� �� U�EST: By Alderman Nichols: seconded by Alderman Barber q 0� oo ,s County Senior Citizens Council, Incorporated, presently se. ��`� � �°6 ry c� a� of Ithaca residents with recreational and educationalprograms, and o�1�c�Q,�� col,s e el l$el o L9 s ° the New York State Office for the Aging (Project 71) have see t0 °'�D��;• �'s cap�°vd effective functioning of the center by reducing the funding a'. d.y 0,x- a� ��°�,s� °� maintenance and continuing popular programs for the health and °��� �� ° �°o �fe co over sixty years of age, a large percentage of whom depend ui 0 e rs we F6 V � ny services provided at extremely low cost by skilled volunte, rq s, NOW THEREFORE BE l6 °l �`s 0 0,K, 's Common Council does hereby request the Finance Committee t any��r c�� o SGm allocated to the Senior Citizens Council from approximately $.L C, 0 `° - $6,000, with dates and terms for the payments to be stipulat. P��1 P� d �y �mittee. 4,- ' ° a�.�`�,� ��r��� Carried ° °��Nc lC 19 a�a CONWAY PARK: Alderman Nichols -L r6 s�' ov �>Sr ' ,l 'tg was held but the drawings were not satisfactory. The plans �� o 0k, a meeting wild. be held on April 17th. She will report back at °rti ° �l 60 �° _tins on this BRYANT AVENUE: By Alderman Jones: seco.G��dr�� a ° °Q ain RESOLVED, That the matter of parking on Br,, � ��� �� eferred to the appropriate committee of the Planning Board so that it ct-le9p 01, upon at their next meeting. • Carried -9- April 4, %73 URBAN DEVELOPMENT CONTRACTS: Alderman, Boronkay asked if the contracts that Margaret Keane -lead said would be ready in four to six vaeks were ready. Attorney Gersh reported that he would be in New York tomorrow and they would be working on them. ROTHSCHILDS-CALDWELL PROJECT: Alderman Jones reported that the City's Architect, Raymond DiPasquale would be in New York Friday. He will get an update on the project. CONTRACTS: Alderman Barber asked how long it would take to finalize the contracts. Attorney Gersh reported that the biggest part of it was the easements and has been done. An explanatory letter has been sent to all parties and only one been returned. PAN-A-VIEWERS: Alderman Saccucci asked how far along has the Pan-A-Viewers for Stewart Park progressed? Alderman Meyer was working on this and as she was absent at this meeting would have to wait until she returned. By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, That the regular meeting be adjourned and be reconvened into an executive session. At 11:10 Council went into executive session. Carried EXECUTIVE SESSION: Alderman Jones reported on land exchange necessary for the y improvements to Routes 13 & 96. The resolution of March 21st was not sufficient. Land that is taken for improvements must be replaced. Land has been found that is suitable for the exchange but needs to be negotiated. Land in question should have W an appraisal as requested by the owners. The land in question will work in with our recreational facilities. After much more discussion, By Alderman Jones: seconded by Alderman Stein RESOLVED, That Common Council approve the possible use of C.Y.O. property as a land exchange as needed for Routes 13 & 96, AND BE IT FURTHER RESOLVED, That the City Attorney be empowered immediately to hire two (2) independent appraisers at a sum not to exceed $400.00 and to begin negotiations on the possible purchase of said property as soon as possible. Carried By Alderman Jones: seconded by Alderman Stein RESOLVED, That the Planning Department make an evaluation of the C.Y.O. property as a recreation exchange, and report to this Council. Carried INTERIM PARKING: Alderman Jones reported that they had looked into various parking facilities that could be used in the event that the two ramp garages are being built simultaneously. Approximately 302 apaces would be needed. Some of the locations are owned by the City and others by private individuals. After much discussion it was felt that the Public Works and Transit Committee should look into this as there were many alternatives to this problem. On motion the meeting was adjourned at 12:10 p.m. 1 Ile 1 Robert Grey, Deputy City C erk Edward J. C le , Mayor `3 COMMON-COMICIL..PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. May 2, 1973 PRESENT: Mayor - Conley Aldermen (14) - Slattery, Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Boronkay, Stein, Henderson, Saccucci, Barber, Wallace OTHERS PRESENT: Attorney - Gersh Bldg. Commissioner - Jones Fire Chief - Weaver Youth Bureau Director - Cutia olice Chief - Herson Chamberlain - Wright troller - Daley BPW Commissioner - Golder S ' t. of Public Works - Dingman Deputy City Clerk - Grey All present stood and were led by Mayor Conley in a Pledge of Allegiance to the American Flag. #TOLD TOLLES: By Alderman Henderson: seconded by Alderman Stein WHEREAS, Arnold Tolles served this City faithfully, diligently and with intelligence as a member of the Common Council, as a representative of the City of Ithaca on the County Board of Representatives, as a candidate for Mayor and as a devoted citizen, NOW THEREFORE BE IT RESOLVED, That this Council take a mmsnt of silence to honor his memory and accomplishments and record in the minutes of this body the honor and deep respect which we all held for him and that a copy of this resolution be trans= mitted to his family. Carried MI_NUTES: By Alderman Slattery: seconded by Alderman Stein RESOLVIO That the minutes of April 4, 1973, as recorded by the Deputy City Clerk be aid. Cars�e,� A DA: Aldermen Jones requested that three item be added to the agenda. One ads the designation of the Seneca Street Parking Lot bod of urban Renewal Agency,, the second one VOn the 908fftnrtiea ad the CiWO peaitien of rMehase and exchange of Xand for the Bureau of Outdoor Recreation in relation to Route 96,and third the figt}re has been established for the Public Comfort Station in relation to the Rothschild-Caldwell Project. There being no objections, Mayor Conley declared that the;e, three items would be included in the agenda. Alderman Rundle reported that he had a resolution to amend the Capital Projects Budggt from the Board of Public Works. As there were no objections, the Mayor i declared this would be added to the agenda. BOARD OF REPRESENTATIVES: Mayor Conley reported that a vacancy existed on the Board of pwasentatives and he had been informed of this by the Clerk of the Board. He sake that this be added to the agenda. Alderman Wallace objected to this item as it w not on the agenda. Attorney Gersh reported that he had investigated this poin with the local election people and with the Attorney who administrated the elec ion laws in Albany. They confirmed his belief in the urgency of replacing Mr. Iles and providing an elected representative for his constituents took precedence over the rules of the Common Council of not considering an item that id ard of not ppear on the agenda. In his opinion the matter of an appointment to the BoRep sentatives of a successor could be considered at this time. Alderman Wallace with rew his objection after hearing the Attorney's opinion. Mayor Conley repor#ed that the Chair would entertain nominations at this timt for Board of Representatives. Alderman Stein nominated Martha Tolles of 115 Orchard Place, seconded by Alderman Hendetsoa. .- Alderman Wallace nominated John F. Spencer of 605 Mitchell Street, seconded by Aldermen Saccucci. By Alderman Boronkay: seconded by Alderman Henderson RESOLD, That the nominations be closed. Carried Mayor Conley asked the Clerk to pass out the ballots. After the ballot voting the Deputy City Clerk reported seven votes for Martha Tolles and seven votes for John Spencer. Due to a tie vote Mayor Conley cast his vote for Martha Tolles. He then declared Martha Tolles as the duly elected representative for the City of Ithaca District No. 7. Mrs. Tolles thanked the Council for giving her the privilege of serving out the remain ler of her husband's term. r -2- May 2, 1973 VACANCY-BOARD OF REPRESENTATIVES: The Deputy Clerk read a letter from the Board of Representatives certifying the vacancy on the Board. POLICE BENEVOLENT ASSOCIATION: The Deputy Clerk read a letter from E. R. Traynor notifying the Mayor that the P.B.A. was officially registering a grievance against the City of Ithaca charging that the City has been inequitable in its dealing with employees and asking for a hearing to air their grievance, in accordance with Article 11, in the P.B.A. contract and also as set forth in Article 5, Sections 8-81 through 88 in the Code of Ordinances of the City of Ithaca. By Alderman Barber: seconded by Alderman Jones RESOLVED, That the letter from the Police Benevolent Association be referred to the Budget and Administration Committee and the Employees Relation Committee. Carried VOTING PLACES: The Deputy Clerk read a letter from Alderman Stein requesting that consideration be given to changing polling in the Fourth Ward. The Fourth Ward Committee had met at neighborhood level and had agreed to request this change. By Alderman Nichols: seconded by Alderman Stein RESOLVED, That the polling place for Ward 4 District 2 be changed from St. Paul's Methodist Church to East Hill School, and .� BE IT FURTHER RESOLVED, That Ward 4, District 3 be changed from St. Paul's Methodist rn Church to No. 9's Fire Station. Carried M s:..1 =� PRIMARIES: The Deputy Clerk read a letter from the Commissioner of Elections stating that all polling places in Tompkins County will be open for voting in the primary election June 4, 1973 12:00 noon. There must be four inspectors (two republicans and two democrats) at each polling place. Paper ballots will be used in the City of Ithaca and election inspectors and machine custodians should be notified. CITE' COURT JUDGE TERMS: The Deputy Clerk read a letter from the Apellate Division asking that their request for reaction to the proposed legislation relating to or setting'a uniform six-year term f City Court Judges be acted upon within the next weep. Alderman Stein reported that the Charter and Ordinance 'Committee had not met on this matter yet but as soon as they had a meeting in regard to this all Council members would be notified so they could give their input on this. ASSESSMENT ROLL: The Deputy Clerk reported that Thomas Payne, Director of Assessment had filed with him a certified copy .of the Assessment Roll for the City of Ithaca on April 27, 1973. Mayor Conley introduced George A. Blean, Candidate for Mayor, Earl Brown Candidate for Alderman in the Fifth Ward, Robert Boothroyd,, Candidate for Alderman in the Fifth Ward and Chris Morrison, Candidate for Alderman' in 'theSecond Ward. Alderman Wallace asked if the public would be able to speak on the budget when it was presented. Mayor Conley replied that if the public wanted to speak on the -budget now was the time for the public to speak. SENECA STREET GARAGE: Dr. Alvin Knepper reported that he had noticed that there appeared to be soft spots in the west end of the Seneca Street Garage preparation where the elevator was supposed to go. He wondered if the City officials were aware of these soft spots as the weight of. the building could cause it to be dangerous later on. Dr. Knepper also spoke on the fact that he did not believe, that the Council needed an executive committee, especially now when the size of Council was }being reduced He felt that both sides of an issue should be seen by the people and should not be ironed out in committee, so that the community could bring in some input. He asked that the Council in the future drop the executive committee so that the discussion debptes could be had on the Council -floor where the public could analyze them. Alderman Schmidt reported that the regularly scheduled meeting. of the executive committee was held on the last Wednesday of the month at 7:30 p.m. in the Council Chambers and most of them were open to the public. Alderman Gutenberger .expressed concern with the soft spots in the Seneca Street Garage. Supt. Dingman reported that the test borings were done by competent people and the construction is -being.done by competent people and felt that they were aware ..of things of tl4s nature, , , gild aot. feel that we had anything to worry about. Alderman stein felt that. �up't. should: take another look at this to satisfy all concerned.;_ `Mayor Conley fe2v �4$1 he questions asked were well taken and they would look into this, , _ s J' SUNNY - of 103 Eddy Street, speaking for' the League of Wov--n Votpts, recommended that more public hearings be held as a lot, more information is necessary. She also pointed out that the New York State standards had not been accepted by the Federal Government as yet as we should go slow until we knew what they were going to do. GEORGE A. BLEAN - 11ormer City' Clerk who retised an September 1, 1972, and now the republican candidate for Mayor, spoke on the proposed bit. Be had gone over the budget briefly and had foamd 21 items that had major increases. He spoke on the various major increases and said it looked to him as if they were using all of - the available surplus to maintain the tax rate. He asked if the surplus of over $500,000.00 was not had would the tax be increased by $7.00v He did not feel that it would. He felt that with the surplus this year now would be the time to establish a tax stabilization fund. If this is not done in future gears, balancing the budget would be quite a chorev He felt that part of the Capital Project should go to establish a tax stabilization fund tonight before the budget is adopted. One of the reasons was that due to the mild winter tae had approximately $50,000.00 was saved and this should be set aside to compensate for the rough winter^ :' --- .re nave, For the next fourty years the City has been committed t& pay to Urban Development Corporation the sum of $110,000.00 and to addition it would cost approximately $40.000.00 for maintenance over the above revenues, and it vas short-sightnes3 on the part of the Council not to set something aside to take care of this. By using the Capital Projects fund for this he felt that the Capital Projects could be financed with Federal Revenue Sharing Funds. By reducing the tax rate by ten cents this year was not going to help the taxpayer as the asaessed valuations have been' raised this year and the majority would be paying mote taxes next year. As $17.00 seems to be the working rate for taxes this might be the rate to stabilize, so that in the good years money could be added to the tax stabilization fund and in th.c lean years money would be available to hold the tax rate. SOUTH HILL PLAYGROUNDt Attorney Gersh reported that the contract for the South Hi.l Playground has been completed and now ids to be signed by the City and tha Bot.,d Education. By Al(:erman Jones., seconded by Alderman Bo,1u_i'..ay RESOLVED, That the Mayor and the City Clerk be author{'ed to sign ;vi,i.LacC ,�1tiu the Board of Education for the improvements to the South n+7.1 ,„.4yJZV-0und. Ca-tried GEORGE PFANN: Attorney Gersh reported that George Pfann had completed his work and will be submitting a final bill and was requesting that this item be removed from the agenda and the statement for his final bill will be considered when submitted. CATHOLIC YOUTH ORGANIZATION: Atto-zney Gersh reported he had met with the Board o' Directors Ithaca Catholic Youth Activities Corporation and worked out an arrangF ,* wall within the guidelines of the two appraisals vUldh hsd been obtained. He hp3 in hand an option agreement granted by the CYO boo permitting the City to purehaW:: that land any time within the next six months, at a purchase price of $84,000.00 This has been forwarded to our planning people and they have advised us that this enable them to proceed with the Bureau of Outdoor Reer"tion as a substitution of our park lands. Sl ION RESTAURANT: Attorney Gersh reported that based on the latest court rulings. that designating the Station Restaurant as a Historic Landmark will have a complicating effect on the highway in progress. He stated that the law recognizes the significance of a local historic landma& designation as against the State acq`ui-cition .auaney, It !has been in the past where the State and any of its agenc'Lu- ^� ` red= w 1 deal, ation of that kind. The trend now is getting aw-f � r y prof fraw tn�. The Fed,®ra1 hx1y.... ..._ .._: ...: . - c_a..*.hey;can fund a highway must. pay deference to ioc.-1 d 3ignations, and if possible try to save them. Unless it can be said without any y -, «r -1.1 lapact. statements have been completed and all funds committed, then it would follow,t�jst esignption of the landmark ` )uld create a problem with the highway project. The benefits of designatin- this as a landmark:. are far outweighed by possible consequences, of doing this. Benefits to be gained are to give the City control over that designation, and did not. feel it was a necessary thing to have, as it was ,as ,.,ioportant for the owner to 6intain it ,pt his oft interests. The other benefit night effor¢ the owner a more satis- factory price in- the event of condenation for h gWay_ purposes. Attorney Gersh recommended that Council take-no action on this ''matter this evening. This will .pause the 90 day period to run out requiring a n*4 ftouaring and a new designation if }hat is the fact after a new hearing. 35 -4- May 2, 1973 CALDWELL-ROTHSCHILD PROJECT: Attorney Gersh reported that the Rothschild-Caldwell Project is proceeding and everything is on schedule. MINI-POOL: Attorney Gersh reported that the School Attorney and he are up in the air as neither know where the mini-pool is to be located. He understands that the location has been decided upon bdt he has not been notified. Alderman Wallace asked the Superintendent how much time was needed by him to have this moved and in operation for the summer programming. Supt. Dingman replied many problems had to be solved and to his knowledge, no official body of this City has agreed with the school district on this location, and he could not move until this was done. Alderman Nichols reported that the Youth Director, Mr. Cutia, knew where it was to be located and she would see that Mr. Gersh received the necessary information. BUDGET: Controller Daley reported that the budget trust be approved at the first regular meeting of Council in May. The budget is prepared based on a $17.00 rate. He recommended that this budget be adopted as presented and then if necessary amend it as they see necessary. He explained that five major requests have come in singe the budget was made up and these could be acted upon later. Alderman Wallace asked . if the question of Tax Stabilization Fund could be acted upon after the budget has been adopted. Controller Daley said yes as a surplus of $303,000.00 could be used for this. Q By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the budget estimates and requisitions including the capital budget, as agreed upon, be and the same hereby are finally approved, adopted and confirmed in the total sum of $6,955,091 in accordance with the detailed budget statement on file in the office of the City Controller, and WHEREAS, available and estimated revenues total $5,229,773 leaving $1,725,318 as . the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1973, certified and filed by the Assessment Pep#rtment of Tompkins County, has been footed and proved and shows the total net tax*ble valuation of $101,489,322, and WHEREAS, under Charter provisions, the tax limit for City purposes amount to $2,+710,885 for 1973, NOW;STHEREFORE BE IT RESOLVED, that the tax rate for general city purposes for the fiscal year 1973 be and the same hereby is established and fixed at $17.00 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1973 tax roll, thereby making a total tax levy as near as may be of $1,725,318, and BE IT FURTHER RESOLVED, that the amount of said tax levy be spread and levied aad the +same hereby is levied upon and against the respective properties shown on said City Tax Roll in accordance with their respective net taxable valuation at the rate of $17.00 per $1,000 of such taxable valuations, and 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 shall 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 Corporate Seal to such warrant and forthwith to file the same with said Roll with the City Chamberlain, and BE IT FURTHER RESOLVED, that upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall thereby become tax liens, due, payable and collectible; in accordance with provisions of the City Charter and other laws applicable thereto, and BE IT FURTHER RESOLVED, that the total sum of $6,955,091 be appropriated in accordance with the Tax Budget as adopted, to the respective boards, offices and department of the City for the purposes respectively set forth therein. (copy att$ched to minutes) Much discussion revolved around various accounts and the increases. Programs that were not included in the budget were discussed and items that had been requested since the budget were discussed. Controller Daley reported that the budget was as tig4t as they could get it without the Capital Budget. Major change in the Tentative Budget and the Final Budget was wage increases and fringe benefits. Approximately 61% of the budget is salaries and fringe benefits. After some further discussion a roll call vote on the foregoing resolution to adopt the budget and establish the 1973 tax rate was taken and resulted as follows: AYES: 14 NAYS: 0 Carried and Approved by Mayor At 9:30 Mayor Conley declared a five minute recess. At 9:45 meeting reconvened. `` •S► Hay 2 '' T: Controller Daley bvotiid like the yrecor-'a to ::.aaw that lor.- ',atits rr, . <: by the Assistnn_ Controller, Srado, In helping to prepate tIe budget and � tshe4 to publicly thank him for a job u-ell done. PURCHASE PROCEMM: Controller Daley reported tbat'At was his 1htent to fcl'oT�v procedu--i on purchasing. We will not alloW enj, blUX unless it follozrs' procee.iiia A putahase order must be issued by the Finance U"artamt and approve-Al by the Finance Department showing that monies are avallOU prior to them buying the matezial. A requisition issued by the department requesting the materials or . service, followed by a purchase ordef issued b)► !t Finance Department is the first step. The purchase order is what allows them to vmke the purchase. All vendors know that this procedure must be followed before 1&e bills are paid. An travel mast have an authorization from the Mayor prior to the trip bean; taken, or it is illegal. Mayor Conley staked that prior to his Kgning a travel order it must have the approval of the department: head who will initial it to show that he approl-Ys the trevel. BUDGET: 'Alderman Slattery reported that he would like to thank Controller Daley, Assistant Controller, Epano, as we.0 as the reot of the members of the committee for their efforts in putting together the City` Budget. It consisted of many h: _xrs of overtime and many months of work to put this together. ABANDONMENT OF VEHICLES: Alderman Slattery rgmtW that the Budget and A..d.ministr� jc�, Committee recommends the payment of towing chwpv for abandoned valic]-}s as ,t-r invoices submitted to the City. By Alderman Slattery: seconded by Alderman Guboberger RESOLVED, That towing charges in the amount of 4494.70 be authori-7 se f^-c pay-.:._=r` as follows: yans Wrecker Service $224.70 Autosalvage of Ithaca. Inc. 130.00 Naps Wrecker Service 90.00 HAB�ER.,BONS, TOAN AND LUNDE: Alderman .Slattery reported that a bill had bee*_: received from Warner, Burrs, Toan and Lunde In the amount of $705.43. Alcda- :-ri Wallace asked if the bill was the final one. C otreller Paley replies? th : S::ii.s was for work done up to May 1, 1973. By ,Alderman Slattery: seconded by Alderman Jonas RESOLVED, That the Warner, Burns, Toan and Lunde invoice in the amount of 1705.43 be `ppproved for payment. Carried FROLN COMPUTER: Alderman Slattery reported that the City of Ithaca has unswcessful in its attem;3ts to sell their Friden Computer. They haire rec=.AvT; a request from the Ithaca High School Yathematies Department to acquire thIs ma.chiile for educational purposes. It is- the recommendation of the Budget and Administration Committee that this ma&..fne. be donated to the Ithaca Schools, Providing they assume all ;cast of relocati--_t. By Alderman Slattery: seconded by Alders Barber RESOLVEL, That this Coo-non Council aurhorlm the donation of the Friden Computer to the I-haca Sc.-tool S3�F tem with the stipulation that the school provide for tY: relocation of said ej*uipment, and BE IT FLRTHER RESOLv::D, That the Friden Machine be removed from the list of surplus equipment which the City Clerk has been authorized to sell. Carried CITY SCHOOL CIVIL SERVICE AGREEMENT: Alderman Slattery reported that the City of It:nata and the City Schoal District s'�are the services of t'.,2•City Civil 3crvice, rpa. t , .nt. Each year as agreement is approved for this service. By A46 -_T.an Slattery: sec^- '.ed by Alderman Schmidt P75O ;2—:), V-at the agreenFnt between the City Seheol District and the City of. Iths^a pxoYad and the Mayor and City Clerk be authorized and directed to said a'.rreezeat. Carried MENTAL NR9LTH C014TRACT: Alderman Slattery reported that each year the Ithaca "o ..*h BL:. :au enters into an agreement with the Tompkins County Mental Health Services fog L e day camp program at Camp Iroquois. By Alderman Slattery: seconded by Alderman Barber RESCLWED, That the Con__ :i Cou~cil G�- the City o` ?'i.aqp approves the agreement berg• 3er the C4.t�y of Ithaca Y;. *h id Tompt County etenta' Pica. �'1 �"=�v�-ces for t' dad► ca��. program at Ca mi _: -- ^mod 37 -6- May 2, 1973 BE IT FURTHER RESOLVED, That the Mayor and City Cleric be authorized and directed to execute said agreement. Carried PROFESSIONAL LIABILITY INSURANCE: Alderman Slattery reported that the Budget and Administration Committee has reviewed our liability insurance with the City's Insurance Carrier and they are advised that all City Employees are covered. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the Budget and Administration Committee refer this matter to the City Attorney for study of the adequacy of this coverage. Carried WATER AND SEWER RATES: Alderman Slattery reported that at the last Common Council meeting a resolution to request the Board of Public Works to study the Water and Sewer Rates was tabled. Since that time the Board of Public Works has referred this matter to their committee for study. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the matter of Water and Sewer Rates be removed from the table and withdrawn from further consideration. Carried CAPITAL PROJECTS DECLARED COMPLETE: Alderman Slattery reported that the Board of Public Works had declared certain Capital Projects complete. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the following Capital Projects be declared complete: Project F890-63 Quarry Dorm Project F890-64 Treatment Plant-Inlet Project G890-82 Hook Place Sewer Carried SE GEA14T JAMARUSTY GRIEVANCE: Alderman Slattery reported that the Budget and Administration Committee has reviewed Sgt. Jamarusty Grievance and has referred it to the City Attorney. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the grievance of Sgt. Jamarusty be referred to the City Attorney for legal review. Alderman Slattery amended the motion to read By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the above motion be amended to read and report back to the Finance Committee by August 1, 1973. Amendment Carried After much discussion as to what the grievance was, Sgt. Jamarusty reported om what it consisted of and how long it had been holding. A vote was taken on the motion as amended. Carried FEDERAL REVENUE SHARING: Alderman Slattery reported that the Budget and Administra- tion Committee will meet Thursday, May 10, 1973, at 7:30 p.m. to organize a fermal procedure for handling requests for Revenue Sharing monies. Interested parties are urged to attend this meeting. The date of this appears on the bulletin board down stairs. &URIT: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the bills audited and approved by the Budget and Administration CoFnittee in the total amount of $10,346.09 as listed on audit abstract #5-1973 be' approved for payment. Carried Mayor Conley introduced Richie Moran, candidate for Alderman in the First Ward. POLICE COMMISSIONERS QUALIFICATIONS: Alderman Stein reported that the item of Police Commissioners qualifications had appeared on the agenda for some time, and also on the Public Safety Committee. By Alderman Stein: seconded by Alderman Henderson RESOLVED, That the item of Police Commissioners qualifications be removed from the Charter and Ordinance Committee. Carried PROVISION'.) ruk :'OLICE• CHIEF: . .l&.: .,Aazi Stzii-. � _.. .__ -:ia. _.�:-.:atiot_.; zdt Police Chief were stil1 in cou:aittee. ZONING CODE AMEMMENt., By Alden m�",Stdin: seconded by Alderman Wallace RESOLUTYON TO ARM 'YH8 MING Min bi' TH9 CIrt bt ITHACA TO EXTEND AREA DESIG1'Jk',; AS B-3 SAS, the Comm aq C,oencil, of the';Citp of Ithaca has by prbvic!is resolution deemed tine- bronlsion 09 publte parUng In ftd adJ40bts to the Central Business District (CBD) of the City to be a City rtsponsibllit:y, ana WHEREAS, the, approved Urban Renewal flan lan of the City of Ithaca designates for public_parking the southern half of the block bounded by Seneca, Buffalo, Aurora and Tioga Street, which 1s *ithin tha Urban Renewal Project A area, and with a B-2 zone designated by the toning snap. of the City of Ithaca, and WHEREAB, the. Common Counc.f2 herewith# and by action prevIms2 ► taken approving the construction of such structure as a mechanism for pra Wiling needed public parking without 'removing oxcesslve amounts of valuable and revenue-providing commercial land from the City's land stogy&, and WHEREAS, a private devolopoar, acting in conjunction with the New York State Urban Development Cbrporationo has made a proposal to the City of Ithaca to build a multi-story public parkkg Structure on: the property mentioned, which proposal has been accepted by the City, and WHEREAS, the current zoning uiap of the Cit of Ithaca impoates certain restrictions on buildings, primarily regarding height and ldt covecalpe, In B--2 zones c-7hicY would be excessive if applied to this proposed parking structure, end 'which would act to hinder development of proposed projects and thereby die the economic visability of the CDD if applied 'thereto. NOW THEREFORE BE IT RESOLVED, That the Commm Counncil of the City of Ithaca hold a public hearing on May 239, 1973, at 7:30 p.m. in Common Cous" . Oba*ers to consider the rezoning of the southern half of the block bounded b�, Geneei, Buffalo, Aurora . and Tioga Streets f roan B-2 to B-3, and .,. BE IT FURTHER RESOLVBU, That this Council request the O ty Manning Board to consider the proposed rasoning sad to present it:s -recoa iftdstions thereon to Common Council prior to the time of such public kearing. BE IT FURTHER EMSOLVTD, That the City Clerk also send a copy'ef this notice to the Clerk of the Tom of.Itbaea, the Clerk of the Soar4 of 40presentatives, the 6. rk of the Village of Cayugs.114ght;s. Toupkins County Planning Department, greater Ithaca Regional PLmuing Board, and the Finger Lakes Stator Park Commission. Carried STING ORDINANCE AtMO+MT-.-MT-STREET PARKING:.;. By Alderman Stein: seconded by Alderman Wallace , RESOLUMN TO AMD THE 90MG ORDINANCE OF THE CITY of IT:BACA TO PROVIDE FOR ADEQUATE PRIMAU OVIA-STREM PAWING IN RESIDENTIAL AREAS SAS, there exists a shortage of private off-street parking In cert&JA areas of the City of Ithaca, which• causes inconvenience to driveVe cad to restdents of the areas, and WHEREAS, the continued cooaeersioa of existing buildings, reda►elopment and new development of parcels withtts the residential areas of the City will put further burdens on parking facilities in these areas, and WHEREAS, dw parking requi oments contained fa the City's existing zoning ordluanco, by being t1ed to Aelliag w its, do not satisfy the possible demand for such parking in many sitvationg, N4 THEtiB�IME BE IT RESOLVED, that the` Common CBtinied bl^•the+ lAky of Ithaca told a pmbia hearing 1p MO �3, 1973, at 7:30 p.w+ I& CdjpMO bouncil Chambers, to consider amendments iG-d 0 toning Ord$n'n"46 Of the City of Ithaca as follm-s: -$- May L, 1?i Section 2 —Definition: Add "bedroom or sleeping room. A habitable space all or part of which is used for overnight sleeping." Section 7 - District Regulations Chart (Column 5, Off-street Parking Require- ment) : Delete from use District R1 "l. One space per dwelling unit." Section 7 - District Regulations Chart (Column 5) : Add 'One space for the first three bedrooms or sleeping rooms or part thereof plus one space for each additional two bedrooms or sleeping rooms, or part thereof," and BE IT FURTHER RESOLVED, that the Planning Board of the City of Ithaca is hereby requested to review the proposed amendments and to submit its recommendation thereon to this Council prior to May 23, 1973, and BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca be, and he hereby is, authorized and directed to advertise in the Ithaca Journal for a public hearing for the above purpose as directed by the Council, and BE IT FURTHER RESOLVED, that the City Clerk also send a copy of this notice of the Clerk of the Town of Ithaca, the Clerk of the Board of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca Regional Planning Board and the Finger Lakes State Park Commission. Carried CHARTER AND ORDINANCE REPORT: Alderman Stein reported that he had been in touch with Mr. Tavelli in relation to the matters of prosecution relating to the housing code. He has completed and written up the material for one case and will be ready to prosecute within two weeks. lie needed time to work on the rest of the cases as the question of family needs more research. NEW ZONING ORDINANCE: Alderman Stein reported that worts was progressing on the new Zoning Ordinance and was nearing its final stages. REVIEW OF CHARTER AND ORDINANCES: Alderman Stein reported that thecconsultants that had been retained to review the Charter and Ordinance had started to send us a. the material they have corrected and we have revised and are about to start the process of reviewing those. Among these new materials are the new housing code, or a revised housing code. This has been looked at and within a couple of months will be able to get with the consultants with some of the issues that we face. PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS: Alderman Stein reported that this item was put on in the hopes of presenting changes but the committee was unable to get together on this. He would have a report at the next meeting. CASS PARK CHANGES: Alderman Rundle reported that the Capital Improvements Committee had approved $10,000.00 for these items and would like to enter the following resolution so that the money could be earmarked for these items. By Alderman Rundle: seconded by Alderman Spano RESOLVED, That the following projects be added to the list of Capital Projects for the yep.-~ 1973 (which 'has already been done) 1. One additonal exit door around the present dasher board system on the East Side of the rink. $. 250.00 2. Wire on top of the dasher boards around the entire rink 69750.00 3. Enclose the presently open area of the warming room where the pay phone is now located, so that it can be used for an 3,000.00 office. TOTAL $10,000.00 By Alderman Rundle: seconded by Alderman Schmidt, RESOLVED, That the two items on the agenda, Cass Park Exterior Changes and Cass Park Interior Changes be removed from the.,agenda as these have been taken care of at this time. Carried CAPITAL PROJECTS: By Alderman Rundle: seconded by- Alderman Spano RESOLVED, That the list of Capital Projects for 1973 be amended to include the following: 1. Construction of storage room at the old Nunicipal Airport hangar $ 2,000 2. Cascadilli. Street Extension 17,000 3. Taylor Place Extension 14,000 4. William Glen Extension 14,000 _9_ May 2, 3973 . Yount Bu-,eau Divoctor, Cutia, explained that tc,o of .the buildinga that had been used at Case- Park had bete, taken down and these had been used for storage>of equipment used at the park. ,'They had looked at space in the furor and for their purpose thins could be used for stotage. This had not been-'anticipated -*t budget time for. they.did not know the hangar could be used. After much more--discussion Sy Alderman Rundle:: seconded by Alderman Wallace RESOLVED, That the motion be amended to take Item No. 1, Construction of Storage Room at the Old Municipal Airport Hangar for $2,000.00, separately from the other items. Carried Alderman Schmidt asked that a roll call vote be taken on this item. " By Alderman Rundle: seconded by Alderman Wallace RESOLVED, That construction of storage room at the Old Municipal Airport Hangar in the amount of $2,000.00 be approved. AYES: 7 Rundle, Spano, Nichols, Boronkay, Saccucci, Barber, Wallace NAYS: 7 - Slattery, Gutenberger, Schmidt, Meyer, Jones, Stein, Henderson Due to a tie vote Mayor Conley voted no. Motion Defeated. By ,Alderman Rundle: seconded by Alderman Spano RESOLVED, That Item No. 2, Cascadilla Street Extension, Item No. 3, Taylor Place Extension, and Item No. 4, William Glen Road be approved. Supt. Dingman reported that the Board of Public Works at its last meeting had authorized this work to be done ,after certain things had been done by the interested people and to the extent funds were available. Mayor Conley explained of the building going on' at Cascadiila Street Extension and Taylor Place and this would put taxable property on the rolls. Williams Glen Road is partly in the City and partly in the` T64n and ,each,is .going to$pave.their, part Alderman Rt{ndle read,a noterQ-gtam fropa_Comm. C es,'in regard tq these projeets, 'stating,'that the first two gems 'ot}id,put taxable property,on the rolls and Viiliams Cien Road is a of tfi t dAngsrove streets In t`he YCity ;and Ehe money would 'tie used for grave bssi and the ts3ck; top�itng o. the street would not be until 19, 4, He ;alsq staffed that the staff had assured hfm that these could be done in the 1973 canstructfodti"seaean. After much more diession' a vote was taken oti`the'"fliotiot 'to include the three items in the a .. Capital Budget for 1973 mad r'es I ed as 1foll ws x, t u . AYES! 5 - Slattery, Rundle, Spano, Saccucci, Barber NAYS: 9 - Gutenberger,, $ehmidt, Dyer: ..Nichols, Jones, .Boronkay, Stein, Henderson, Wallace r• Motion Defeate d ABAXbdNEb kHIdES -Alderman Gutenberger reported that the matter of towing charges, and storage charges on-abandoned vehicles had been discussed by his CQvt`iittee antd they were ready tab present -a resolution. alderman `Saccucci reported Oat as a memo"e t of the committee he had 'not been-contacted and knew nothing about this. By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, That the City Clerk be authorized to advertise a Public Auction for the purpose of disposing of yehioles field byj th `City and classified ads abandoned, AYES 13 Motion Cart ea A$Si�ATEDe 1 - Saccucci POLI COME'ISSI NERS QUALIFICATIONS: `Alaarman Gutenberger reported on;the ' qualtl`ications o Police Commissioner$: fihe 'police Commissioner are in the -final_ $t cif dratfn a: 1`o sal. 4 e S r a$ F 8" P Pans seems to':be the same proble�hs;tfiat'�rere-Tiad t6( past as :'it stvald ng�e ;the ;_ ossers of 'the`mayor Atdermad HeA t'aon f#lit tftatt'th+e Iif sf d be .gcspr�s atrl tege to mad .,duties sadesisib "pities stead tfualftcatiaaa� Aft theme.�ieri .na..o1i�ectpns;°to t3,s ' erlt way a�ige eked rthe xou tc duties and` espvnsibilitiei Eras 4uaiificttt�ni « liiAF}RRIC: 42 VMM 1licttctl8 reported that the -Plannin 8vard l as seen the Yrevised of .Gc � Park--said, they'j ete'presented by Mrs VanCort to .the- meeting last ThcHuman Servic s Committee is supporting„the resolution that will be presenCed by the I'lannii* Co*h ttee. P],Anaing Director,,.VanCort, ,.explained:-.the ctisi gee that been:,maisle By Al evman Jouta 66 seconded by Alderman:Nichols asoUn, Thy the ,W01f d Eoiaway- Park :Plan -as z presented last right, -by 46' P"lazpp��,n&409W:aid. Wh*44 : b Mp,hs been ,allocated lu the Capital.Budget.be referred to-the Board of vbiie` Works for ifn ementAtion. T Carried -10- May 2, 1973 VOLUNTARY ACTION CENTER: Alderman Nichols reported on the Voluntary Action Center, which is quartered at the Red Cross and which solicits volunteer1w:1-bT the different community agencies and places these volunteers, and presented the Itollowing resolution° By Alderman Nichols: seconded by Alderman Wallace WHEREAS, the Voluntary Action Center has performed valuable services for the residents of Ithaca, and WHEREAS, the Center faces closing because of lack of funds to complete the 1973 calendar year because of the budget cuts, NOW THEREFORE BE IT RESOLVED, that this Common Council does request the Budget and . Administration Committee to consider a request from the Voluata -'_Action Center for the sum of fifteen hundred dollars ($1,500) to complete the•'1973 calendar; ,- ' year, contingent upon matching funds being allocated by the Tompkins County Board of Representatives. It is understood that the 1973 allocation would not 'be a promise of similar funding for any future year and that this money would be taken from monies available in other budget lines. Carried MINI-POOL: Alderman Nichols reported that she would get the exact spot defined for the Mini-Pool and see about getting the contract signed and the mini-pool moved. Attorney Gersh asked that Mr. Cutia and Mr. Dingman give him the exact spot and Council authorize the acceptance of this so that the contract could be ready by. the June meeting. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, That Supt. Dingman and Youth Bureau Director Cutia give the exact spot to City Attorney Gersh so that he may write this into the agreement. Carried ITHACA HOUSING AUTHORITY: Alderman Nichols reported that Director Armstrong had reported he had to go into the hospital and the members of the Board said they would cover the office in his absence. During his absence they discovered various discrepancies in the records that they wished to investigate further, and asked him to prolong his leave of absence. There would be a meeting of the Housing Authority tomorrow night and she would keep the Council informed. ECONOMIC OPPORTUNITY CORPORATION: Alderman Nichols reported that Mr. Cutia had met with Mr. Herndon of the Economic Opportunity Corporation and there is a good opportunity for both groups,particularly to the job program for youths, if both groups could co-operate and get backing from the county asthe E.O.C. is backed by the county. The Human Services Committee is supporting a meeting on May 15, 1973, and all are invited. HEATER FOR POOL: Alderman Nichols reported that Mr. Cutia had reminded her that there had been a lot of discussion lately in the Youth Bureau regarding the absence of a heater in the pool. The thought is that the pool would be very cool and might reduce its usage. Mr. Cutia would like some indication from Council about Council installing a heater after they have this year's experience behind them. By Alderman Nichols: seconded by Alderman Wallace RESOLVED, That the matter of a heater for the Olympic Swimming Pool at Cass Park be referred to the Public Works Committee, for investigation. Alderman Wallace felt that this should' go to the Capital Improvements Committee. Alderman Stein felt that more investigation in price should be undertaken. Alderman Nichols reported that this had been done by experienced pool people and done recently. Mayor Conley felt that the question involves more than the cost and it should stay in the Human Services Committee. After some more discussion the motion was withdrawn with the understanding that the Human Services Committee would investigate this further. Mayor Conley delcared a five minute recess at 11:05 p.m. Meeting reconvened at 11:25 p.m. ° COMFORT STATION: By Alderman Jones: seconded by Alderman Schmidt WHEREAS, This Common Council had adopted a purchase resolution, January 1, 1973, and BE .IT FURTHER RESOLVED, that the City shall purchase from the 121 East Seneca Corporation or Its successor the property at the rear of Newberry's, known as the Public Comfort Station for a price of $15,960.00, which has been determined by the Controller to be a fair and adequate purchase price, and -the Mayor and City Clerk be authorized to purchase on behalf of the City. Carried -11- May 2, 1973 Alderman Jones reported an a resolution approving t ..e disposal of certain property wittii.n Center I;oaca Urban Renewal Project 1 (PTY 1%� 112) to the New York State Urban Development Corporation. By Alderman Jukes: seconded by Alderman Schmidt WHEREAS, on April 4, 1973, this Common Council approved the sale of approximately 12,838 sq. ft. of land in Block 193 of the CityWci►f Uhec-s to the New York State Urban Development Corporation for the purpose of construction of a parking facility. Adjacent and west of this land is approximately 19,937 sq. ft. of land presently owned by the Ithaca Urban Renewal Agency; and WHEREAS, the disposition of this parcel has been duly approved by Resolution No. 210 (attached to minutes) of the Ithaca Urban Renewal Agency; and �! WHEREAS, this additional land is required for the construction of the said parking facility; NOW THEREFORE BE IT RESOLVED: 1. That this Common Council approves the disposition of Urban Renewal Acquisition parcels 2 and 3 (Disposition Parcel 1) by the Ithaca Urban Renewal Agency to the New York State Urban Development Corporation for the sum of $60,000.00; and 2. That this disposition is subject to the approval of the U. S. Dept. of Housing and Urban Development and the New York State Department of Housing and Community Renewal. �j Carried DESIGNATION OF RECREATIONAL LAND: Alderman Jones reported on a recommendation from the Planning Board and it is a reaffirmation of what has been done before. RESOLUTION OF COMMON COUNCIL OF THE CITY OF ITHACA DESIGNAT114G LAND TO BE USED FOR RECREATION PURPOSES By Alderman Jones: seconded by Alderman Nichols WHEREAS, the State of New York has indicated its intent- to kake for highway purposes approximately ten (10) acres of land from that purchased for the City's Inlet Park wlth U. S. Bureau of Outdoor Recreation funding, and WHER , ,conditions attached to purchase of land with U.S.B.O.R. assistance requires that any part of such land which is used for other than recreation shall be replaced through addition to the municipality's stock of recreation land, by land of equivalent value and recreational utility, and WHEREAS, the Common Council of the City of Ithaca has affirmed through various resolutions the importance to the City of the highway improvements involved, and has expressed its intent to provide replacement land for that to be taken; NOW THEREFORE BE IT RESOLVED, by this Council that land made available by the City of Ithaca as replacement for land to be taken from U.S.B.-O.R. funded park land for improvements to N.Y.S. Routes 96 and 13 in the City, and approved for such substitution by the Secretary of the U. S. Department of Interior or his designee, is to be designated for recreation use as determined by the City. Carried Alderman Jones requested that the other items on the Planning & Development Committee b! `wt off until tomorrow night at 7:30 p.m. as a reconvened regular meeting. CITY ARCHITECT: Alderman Jones reported that Mr. DiPasquale, the City Architect has a set of construction drawings which he has been asked to look at and to report back, to this Council.. MM PA ING: Alderman Jones reported that there were certain spaces available ,, terim parking and if other spaces were known to contact the Superintendent. By Alderman , yes: seconded by Alderman Spano RESOLVED, That this Common Council ask the Board of Public Works to investigate and tW action, where indicated on Central Business District Parki4g spaces which would produce the maximum use of all available space for interim parking. Carried ��.r SEPARATION OF ROUTES 13 AND 96: Alderman Nichols reported on a resolution of the Common Council of the City of Ithaca requesting separation of corridor location recommendations for New York State Routes 13 and 96 relocations By Alderman Nichols: seconded by Alderman Jones 91 4 -12- May 2, 1973 WHEREAS, the .Common Council of the City of Ithaca has several times affirmed its desire and support for projects of the New York State Department of Transportation dealing with relocation and improvement of N.Y.S. Routes 96 and 13 within and adjacent to the City, and WHEREAS, it is the sense of this Council that the Route 96 project is of primary importance to the City and surrounding area, and WHEREAS, there is some question about the most desirable corridor for the extension of Route 13, and concern that the corridor chosen should have minimal congestion on existng and future development within the City, and WHEREAS,, in the estimation of some State officials, the extension of the section of Route 13 between Meadow Street and Treman Park is -in the time frame of ten to fifteen years, which will in all likelihood require an additional corridor selection hearing, and WHEREAS, it is the sense of the Planning Board of the City of Ithaca, expressed at its regular meeting, April 24, 1973, that in view of the above, it would be desirable to submit a corridor resolution for Route 96 only, without prejudice to the eventual relocation of Route 13. NOW THEREFORE BE IT RESOLVED, that the Common Council in the interests of long-range planning and of meeting existing community needs for improved access across the Cayuga Inlet and Flood Channel, does hereby request that the Hew York' State Department of Transportation separate its Corridor Recommendation for N.Y.S. Route 96 from that for N.Y.S. Route 13, if such action is feasible and may be taker_ without prejudice to the timely realization of both projects and that the Route 96 recommendation be submitted to the U. S. Federal Highway Administration prior to July 9, 1973. Carried AD HOC SEWER COMMITTEE: Alderman Schmidt reported that some time ago an Ad Hoc Sewer Committee was appointed and letters were sent to the Towns of Ithaca, Dryden, Laneing and the Village of Cayuga Heights, to see if they were interested in looking at the sewage needs of the Greater Ithaca Area. The Towns of Ithaca and Dryden have responded and they have now set up an Ad Hoc Sewer Committee composed of these representatives of these two municipalities and a representative from Cornell � . University. They have decided to look into the sewage needs on an area basis and a municipal basis and at the last. meeting have started to set up specifications for a scope study to be done by a consultant. Things are moving very well and they, might be coming back to this Council for a financial request. INTERMUNICIPAL CO-OPERATION OF ALL SERVICES: Alderman Schmidt reported that an invitation had been extended to the Town of Ithaca and the Village of Cayuga Heights to consider the intermunicipal co-operation of all services. These letters were sent to the respective boards and have not been presented to the boards at their meetings as yet. He hoped to have a response by the June meeting. FULL TIME CITY ATTORNEY: Alderman Schmidt reported that the merits of hiring a full time City Attorney for the next calendar year and a policy for a full time City Attorney thereafter was one of the requests to the Executive Committee. They had stet with other attorneys on this and have decided to stay with the policy of a part time City Attorney. The City, too, attempts to retain a law firm to transact the legal matters that cannot be routinely handled by the City Attorney and the Budget and Administration Committee to negotiate with an appropriate law firm within the City for this service. By Alderman Schmidt: seconded by Alderman Slattery WHEREAS, the City Attorney has certified to this Council that additional counsel should be employed to assist him in the performance of his duties, including the expanding responsibilities in connection with the downtown development, and W111EREAS, the Mayor has concurred with this certification NOW THEREFORE BE IT RESOLVED, That the Budget and Administration Committee commence negotiations with a law firm located within the City to retain its services as additional counsel to assist the City Attorney, the initial period of such employment to be for six months commencing July 1, 1973, and BE IT . FURTHER RESOLVED, That the Budget and Administration Committee report its recommendations to this Council At its regularly scheduled meeting in June 1973. AYES: 9 NAYS: 5 Carried BRYANT PARK: Alderman Schmidt reported that the Bryant Trace. Civic Association was celebrating its 50th anniversary and presented the following resolution: [..... �n'�P�inry• i ..,^rn�--".t'�'i E+� t w[#x= .f<-n.q'�'i �S' .y : ... _.i. ..., -13- May 2, 1973 By Alderman Schmidt: seconded by Alderman Barber WHEREAS, the Bryant Tract Civic Association is celebrating its 50th anniversary at its annual meeting, this evening, NOW THEREFORE BE IT RESOLVED, That this Common Council extend its congradulations to the Bryant Tract Civic Association on its anniversary and to also extend our best wishes to the organization for further service to the area and the City. Carried BELL STATION: Alderman Stein reported on the resolution placed on each aldermans desk. To sumarize it the whereas's are to balance the picture of the situation, recognizing the needs of energy and the problems that are raised. By Alderman Stein: seconded by Alderman Jones NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Ithaca finds that the proposed atomic energy facilities on Lake Cayuga a matter of great importance to the welfare of, the city,supports the position of the Ithaca Journal and others, that additional: Public Hearings should be held and more time should be given so that the fullest. possible understanding by the Common Council, -by other public officials, by citis4nis, of Ithaca, of all the possible consequences of building an atomic energy fagSlity. AYES: 13 NAYS: 1 - Barber Carried By Alderman Jones: seconded by Alderman Schmidt RESOLVED, That this Common.Council, recess at this time to reconvene tomorrow, May 3, 1973, at 5:00 p.m. to resume its business. Carried Meeting recessed at 12:00 p.m. RECONVENED MEETING FROM MAY 2, 1913 5:00 P.M. May 3, 1973 PRESENT: Mayor - Conley Aldermen (13) - Gutenberger, Schmidt, Rundle, Spano, Meyer, Nichols, Jones, Stein Henderson, Saccucci, Barber, Wallace, Slattery ABSENT: (1) - Boronkay OTHERS PRESENT: Controller - Daley Urban Renewal Director - Brown Planning Director - VanCort Deputy City Clerk - Grey In the absence of Mayor Conley, Acting Mayor Schmidt called the meeting to order at 5:00 p.m. LEVATICH AND MILLER AND HOFFMAN CONTRACT: Alderman Jones reported that it was the recommendation of the Planning and Development Committee to terminate the contract with Levatich, Miller and Hoffman. Discussion revolved around the repercussions that might arise. Mayor Conley arrived at 5:20 and took his seat. By Alderman Jones: seconded by Alderman Henderson RESOLVED, That the City's contract with Levatich, Miller and Hoffman for the design of the Street Mall be terminated because of dissatisfaction and services rendered. A roll call vote was asked for by the Mayor and resulted as follows: AYES: 13 { NAYS: 0 ABSENT: 1 - Boronkay , STATE STREET MALL: By Alderman Jones: seconded by Alderman Schmidt RESOLVED, That the Planning Board be requested to have the Planning Department design the State Street Mall. Carried 4 -14- May % 1973 MALL APPROPRIATION: By Alderman Jones: seconded by Alderman Nichols RESOLVED, That a sum not to exceed $24,500 and already appropriated by Common Council for the "Mall Project" be utilized to acquire the necessary consulting and technical staff for the Planning Department to carry out the Planning Board's request. Carried MALL ESTIMATE: By Alderman Jones: seconded by Alderman Slattery RESOLVED, That the Mall be designed to represent a $850,000 estimated top total. Carried MALL LEGAL WORK: By Alderman Jones: seconded by Alderman Nichols RESOLVED, That the City Attorney, in conjunction with the Planning Department staff, investigate and make recommendations on rights-of-way, loading, charter and ordinance, and enabling legislation by the state legislature to accomplish the State Street Mall: Carried AMENDMENT OF ZONING ORDINANCE - OFF-STREET PARI:ING: Alderman Stein reported that the text of the off-street parking as read yesterday should be changed from "One O space for the first three bedrooms or sleeping rooms or part thereof plus one space for each additional two bedrooms or sleeping rooms, or part thereof11. ' �^ to make it stronger. By Alderman Stein: seconded by Alderman Nichols RESOLVED., That the Zoning Ordinance be amended to read under Sec. 7-District regu- 1 dos Chart (co 5) t r °lone s a e for the first three bedrooms or rt *_ �;re- or, p us 1 space or eac�i a c tional �edrooms or sleeping rooms or part t ereov . CATHOLIC YOUTH ORGANIZATION PROPERTY: Alderman Stein reported that on the Carried April 24, 1973, Planning Board's meetings they had passed the following resolution and wished to pass this on to the Common Council for their information. "The Planning Board expresses to the Common Council that in their opinion the recreational value of the CYO property is equal to or greater than that of the land to be sacrificed; in the interest of good planning the Board supports the designation of the CYO property as the parcel of land to be purchased and substituted for subject land." Alderman Stein felt this should appear in the minutes for the purpose of the hearing that is coming up. After much discussion, the following resolution was passed: By Alderman Stein: seconded by Alderman Barber RESOLVED, That this Common Council accepts the Planning Board's recommendation to change the recreational value of the CYO property as read from these minutes. Carried COMMITTEE MEETINGS: Alderman Wallace asked that a record be filed with the City Clerk Of each standing committee meeting, as to attendance and any resolution that is to be brought to Common Council floor and would like to see what the vote was. Many members cannot attend all meetings and if this was on file they could go to the Clerk's Office and pick this material up. Mayor Conley replied that the meetings held were put on the bulletin board downstairs and could be seen by the public, or interested parties. Alderman Schmidt objected in that a consensus vote did the job just as well as the formal vote for action has to be taken on the Council floor. Alderman Wallace reported that the County does this and that all records are maintained with the Clerk. By Alderman Wallace: seconded by Alderman Saccucci RESOLVED, That the subject of records to be kept by the chairman as stated to the Common Council be referred to the Executive Committee for action. AYES: 9 NAYS: 4 Motion Carried AGENDA: The Deputy Clerk apologized to Alderman Wallace for the item of replacement for Representative Tolles not appearing on the agenda. It had been overlooked when the agenda had been made up, as the Board of Representatives had sent notification to the Clerk's Office. COUNTX. SE4ffA AGENCY: The Deputy Clerk reported receipt of a letter from James Graves, Chairman of the Board of Representatives stating that the County Sewer Agency had been expanded to include other municipalities. He asked that the governing bodies of the municipalities provide him with nominations so that the new appointments could be made by the May 7, 1973, meeting. The City of Ithaca will have two members on this Board. Mayor Conley reported that the Chairman of the Executive Committee, Glen Schmidt, and the new Chairman of the Public Works Committee would be the representatives from the City. 46 -•15- May J, 1973 EDWARD P. ABBOTT: The -Deputy Clerk reported thAt a petition i,ad been received from Edward P. Abbott, signed by 153 taxpaying residents of the Fall Creek area asking that remedial action be taken by the City to prevent constant flooding of, their properties. The Deputy Clerk reported that this same petition had been sent to the Board of Public Works and they were looking into this. JOSEPH A. RUNDLE RESIGNATION: The Deputy City Clerk read a letter from Joseph A. Rundle, Alderman from the Fourth Ward, submitting his resignation, effective May 6, 1973. PAN-A-VIEWERS: Alderman Saccucci asked if any information was coming in on the Pan-A-Viewers for Stewart Park. Alderman Meyer reported that Power Optical was sending a man in to check out the locations. She has not heard from them but will check in to .this. ALDERMAN RUNDLE: By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, That on behalf of the Common Council, that Alderman Rundle be thanked for above average service as an alderman and as Chairman of various committees, and outstanding devotion to his duties. Carried Meeting adjourned at 5:50 p.m. ij RolierX G. Grey, Deput City lerk Edward J. . otiley, hdyo Resolution No. 211' A RESOLUTIk1N Or THE ITHACA u!RBAN RENEWAL AGENCY APPROVING THE DISPOSAL nF CERTAIN PROPERTY WITHIN CENTER-ITHACA URBAN REPJL'w�L. PP''JECT I /INYR-112j T THE NEW YORK STATE URBAN DEJELOPMENT r,OP°O PAT IO''d W"E','EAS, the New York State lirban Development Corloration, a cornor,- q-)v:�rnmental agency of the State of New York , pursuant to ;hapter the laws of the State of New York (1968) has negotiated with the Itha .� Urban Renewal Agencv for the purchase of certain lards owned by the Agency in Block 193 Parcel 2 and 3 and has submitted a redevelopnei,` proposal in connection therewith , such proposal being inco"porate, in a proposed contract for the sale of said land for puhlic redt,\ei ,p,, which proposed contract is on file at the office of the Ithaca srbar; Renewal Agency, and WHEREAS, the Ithaca Urban Renewal Agency finds that the proposed by the New York State Urban Development Corporation wile assist ir t reconstruction, re-development and improvement of the downtown t, area, thus promoting the sound growth and economic development tnfrt � . and WHEREAS, the Ithaca Urban Renewal Agency has deter!nined `hat the i- ,e otic— possesses the qualifications to acquire and develop the ic;nd aforP�0a 1 . r will devote the same for public use in accordance vJ th the Urban Rene,ja ; Plan of the said City of Ithaca; NOW, THEREFORE, BE IT RESOLVED: 1 . That the proposed agreement and contract of :,ale between the Ithaca Urban Renewal Agency and the New York: State Urban Develoomel" Corporation, dated April 16, 1973 which was filed in the Offer of the Ithaca Urban Renewal Agency on April 16, 1973 has been revitr,,Pd by this Agency and found to be satisfactory in all respects ; 2. The disposition of the parcel of land described in said agreement pursuant to Section 7214.4 Chapter 4, Section 3 (4) of the Urban Renewal Manual is the most appropriate method of making the land available for re-development; 3. This Agency finds that the New York State Urban Development Corporation possesses the qualifications and financial resources necessary to acquire and develop the land in accordance with the Urban Renewal Plan; Resolution No. 210 r Page Two 4. That upon a review of the re-use appraisals obtained and upon the opinion of the Agency's expert consultant, the proposed price of $60,000.00 is found to be satisfactory and not less than the fair market value of the land for uses in accordance with the Urban Renewal Plan; 5. That the proposed disposition (Contract of Sale) is available for public examination at the office of the Ithaca Urban Renewal Agency, City Hall , Ithaca, New York, on any day except Saturday and Sunday and legal holidays between the hours of 8:30 A.M. and 4: 30 P.M. until such time as the land has been sold; 6. That the Chairman of the Ithaca Urban Renewal Agency is hereby authorized and directed to sign all necessary papers, especially the aforesaid Contract of Sale and the Deed for the parcel describe: in the Contract for Sale, upon approval of the same by the Departmer* of Housing and Urban Development, the New York State Department of Housing and Community Renewal and the Common Council of the City of Ithaca; 7. That the Ithaca Urban Renewal Agency finds that the New York State Urban Development Corporation is a qualified and eligible re-deve-oper. 8. That this Resolution take effect immediately upon its adoption. Adopted this 5th day of April , 1973. Chairman --- Ithaca Urban Renewal Agency ATTEST: Secretary Ithaca Urban Renewal Agency CERTIFICATION I , H. STILWELL BROWN, Director of the Ithaca Urban Renewal Agency, hereb�rcertifies that the foregoing Resolution is a true and correct copy of a Resolution duly adopted by the Ithaca Urban Renewal Agency at a meeting of the Agency held on April 5, 1973 and entered into the minutes. Director Ithaca Urban Renewal Agency Toe Richard Putney, Chairman of bui Committee Proms R. 0. Dingman Re: Cbmnges at Cass Part tint Dates April A, 1973 At a`meeting of the Building i Grounds Committee with the Public i M&S Camaittee.of Common, Coemsil, and the Youth Iureeu�bsU at Cass Past Rink, the foLl wles items ware discussed& 1). One additional exit door in the present dasher board system on the east side of the rink. 2): A 8' hiSh women good slat fence around tba rink as close to the ester edge of the arches as possible. 3) As an alternate, a 8 high cyclone fence in the same locatUeA c�� L 4) A tempered glass system on top of the dasher boards around the 40re tint. ` �3✓%i0 S) . As an, alternate, continue the present scresning &long both aides of 'tba rink and increase the screening at either sad by 2'. i) Inclose the presently open area of the warning room where the pay phone is am located, so that it can be wed as a rink office. 7), Xxteosiom of the present warning area to the west by enlarging building to provide a total Ong space large enough for 100 people. 8) Coln-operated lockers in place of the existing lockers in the ��ll two dressing rooms. 9) A separate building for a concession stand so located that it can be anppro&ctwid from the pool side of the swinging enclosure, as well 4.8 r open s from fo area to the north of the pool. This concession stand Moold be expected to serve the sriuming area and the play areas in the 4 waver, and to serve the skating area in the winter. In addition, Mr. Ruoff of the Ithaca Youth . Hockey Association, has proposed the following items: t 1) Additional rubber matting in both dressing room, as well as along the aid" of the rink to the player entrance doors. i ...r 2) Removal of the player entrance door at the south sod of the ' rink � i 3) tiZT: -,d th* . : �, .. to a less now area. 4) :oe thm w*v; waI n *Old of the wiater, end light a wly am lw s JA t, "a Youth vrovi4ed tbo. additional requests: 1) Provision of sp=a for s pP °-. shop. 2) Mirrors and ashtrays in the bathrooms. !) Tio additional doors for entrants and exit to. the ice. ♦) A drinking fountain for use by skatars.:;• I) An Improved PA system. i) Yore cosarste on the north side of the pool Within the swains s area. 7) r_404-*lon of the sandboxes within tha..OwiPNdag areas. P) 'A :,pool for srll childrsn. i .9) Aiditional storage space. Y• 3 rr 4 Comm COQ-F DINGS CITY OF ITf3ACAt, M YORK tpecial Meeting 5:00 P.M. May 18, 1973 PRESENT: Mayor - Conley Aldermen (11) - Jones, Stein, Meyer, Henderson, Nichols, Schmidt, Slattery, Saccucci, Spano, Gutenberger, Wallace ABSENT (2) - Boronkay, Barber OTHERS PRESENT: Attorney - Gersh Director of Planning - Vangoxt Controller - Daley Building Commissioner - Jones Supt. of Public Works - Dingman r FILL VACANCY CW,,, UNCIL: Mayor Conley commented that the agenda consisted of-: two items. One is filling the .vacancy -on Council. Mayor Conley asked that. thiA item be withdraw l oni the agenda and placed on the agenda for the Special Meetide' on May 23, jL973. Re said .be was making this request because we have alderme who are unable to make this meeting due to business reasons on a Friday might at 5:00 p.m. Mayor Con ,.said he thought it would be inappropriate for the Council to do this -at this time, He asked that the Council take action at the Special Meeting Wednesday night._ ,He said it was up to Council to make this decision Moved by Alderman Stein:seconded by Alderman Henderson RESQ�VED, That Council remove this item from the agenda until the Special Meeting *40sday, May 23, 1973. Alderman 3;1 et"y asked the question of how do we stand by not filling this vacancy until tha next meeting;. . M4W*K Conley commented that he heard by someone that in our Code and Ordinances, ouncil camsbi conduct business after 5:00 p.m. on Friday or before .8:00 a.m. A)onday mornial'ttv ddcape calling weekend meetings. The Mayor pointed .out the main reason f*O calling the meeting was Ithaca Gun. He said that it c,rs very Important- that the Council meets and discuss Ithaca Gun's problem. Filling the vacancy is not that important and can be .deferred.- Alderman Schmidt said that he felt the Council would have to consider both items on the agenda. He said if we can't conduct business after 5:00 p.m. on Friday, this should apply to both items, not just one. Attorney Gersh questioned the source of reference. Mayor Conley pointed out thetAlderman Boronkay is the one who mentioned it Ce Umi and Alderman Boronkay was not present. Mayor Conley said he looked through the Codes and Ordinances and could not find any reference to Alderman Boronkay's remarks. The Mayor pointed out that the Ithaca Gun Company matter is of utmost importance and that's why he called the Special Meeting. Attorney Gersh informed Council that even if the law existed, the Council could over-ride it. The City Attorney ruled that the Special Meeting now in session is proper. He said if anyone had any information to the contrary, he would like it brought to his attention. After a period of discussion w#4 severgl Aldermea expressing their views and opinions, Alderman SteirI withdrew his ppiginal mosftnn, and Alderman Henderson withdrew her second. Mayor Conley opened norq jotions OR V fl06r -tft 4l-the'`*pen vacancy of Council. r Alderman Wallace nominat Earl L Brad ,.,:" `Nc ;- Tioga Street, seconded by Alderman Jones. `s Alderman Meyer nominated ]*eft t. Roothroyd, Jr., 807 Notth Cayu Street, seconded by Alderman Stein 48 -2- May 18, 1973, Alderman Jones moved that the nominations be closed,seconded by Alderman Stein.- Carried Results of the paper balloting: 7 ballots for Robert L. Boothroyd, Jr. 4 ballots for Earl L. Brown, Jr. Alderman Boothroyd received his oath of office, and signed the oath of office book. He was then seated on Council. Mayor Conley informed Alderman Boothroyd that he would give him his committee assignments at the next meeting. ITHACA GUN COMPANY LICENSE: Attorney Gersh informed Council that at the last Board of Public Works meeting they heard a request from Ithaca Gun fer permission to build their addition on the City's right-of-way. The matter cam- up inadvertently. Apparently someone on the Ithaca Gun staff was not aware that the pi:-:)posed addition would encroach on the City's right-of-way. Ithaca Gun was aware that they would have less than the required front yard in that zr:,R, and went to the Board of Zoning Appeals and received their approval for an excep`rion for the front yard requirements. Later they learned that the land they planned to build on belonged to the City of Ithaca. Attorney Gersh and the Attorney from Ithaca Gun sat down and tried to work out an arrangement. This arrangement on the one hand would be adequate protection for the City, and an attempt to accommodate Ithaca Gun. Attorney Gersh said he acted at the direction of the Board, who is the Commissioners of Highways for the City. It was the Board of Public Works recommendation that the City enter into a lease with Ithaca Gun. It is Attorney Gersh's opinion that the Board of Public Works does not have the authority to lease; that leasing can only be done by Council. The purpose of this meeting was to consider whether or not the City will lease this portion of the right-of-way to Ithaca Gun. Attorney Gersh said that he had no recommendation on this matter, that it is up to Council as a poli^y matter. The way he proposed to do this is by a license. A license arrangement permitting Ithaca ,,, Gun*to build on the City's right-of-way. In .the future, either a purchase of that land by Ithaca Gun, which would be with Public bidding, or possibly a trade of land could be arranged. He said that an arrangement had been worked out with Ithaca Gun which he feels affords adequate protection for the City. Attorney Gersh said he insisted that the agreement includes a provision which says the license is terminable at will. The City can terminate the license without cause, and if the City wants the land returned in the same condition, that the City has the right to require Ithaca Gun to remove its improvements regardless of the expense and hardship involved. This is a tough provision, but he felt that he would have to insist on this arrangement, if the City of Ithaca is to grant such a license. Ithaca Gun agreed to this, in the hope that it would never happen. Ithaca Gun was willing to take this risk. Attorney Gersh informed Council that a license is a temporary arrangement. It is an expediency permitting Ithaca Gun to start construction. Ithaca Gun has a contractor, and he has been delayed. The price is increasing and they are missing certain business opportunities. This is just a stop gap measure; the ultimate solution will be either a sale of the land at a public auction at which other parties can bid for it or an exchange of land. Attorney Gersh felt the second solution would be a better alternative. Attorney Gersh said he wanted to put something in the agreement of either a sale or exchange, but he felt he could not commit the City. It is a policy matter of the Board of Public Works to declare that the land is of no further use to the City, and may be abandon. Once the Board of Public Works makes this determination, they recommend to Council that they dispose of the land. Council can then determine if they want to make an exchange of property, or put it upr for public sale. Alderman Jones asked if this land could be used at a later date for road improve- ments. She said the road carries heavy traffic, and is very dangerous. Is the City signing it away for ever, she inquired. aq TTTM Tsuuax Tenuue o4.4 .---J "'•. eaegxI xo3 �Cauxo:Jy '[.auaUU uiu-L •luamaaxse aqj 3o smxa pearl LE �� •snoxasuep pus snopxezeq ST gaigM peon aq2 anoxdmT 03 PueT 30 spell a p310Ae3 xa4aH uVM29PTH _g- as ue�X��j, a1�,73 •apexl ueo 43TO aq2 xo TI OS Gersh co " t om ? �u uamanoxd a t °s� . a dAtj6 se 62T0 d ct lkIV% e t � �hSVAa3?�(�'�� �� ask Board of ainod'u i Wo�lt P�Yz a de Me sstate�ment before any further negotiations take place for a sale or exchange. It would be_ip ideal arrangement to get some land from C16hatgTGAWto lessen the curve, but he understands Ithaca does not own the land by that curve. Perhaps Ithaca Gun could acquire that land at some future date. Mr. Tom Matava, Manager of Industrial Engineering for Ithaca Gun, spoke about the curve being a very bad situation. He said it is extremely bad when Ithaca Gun is getting out of work. Ithaca Gun is planning to install sidewalks and hand rails along the road by the curve for everyones protection. Mr. Matava gave some background on how Ithaca Gun ended up in this situation. He said the fence on Lake Street is already 18 feet on the C*ty'p #j -!off-way. This fence has been there over 10 y"rq. T0494 woo a914 5- ears ago to Genera],,;. Recreation and the majority of management hae changed: -No one realized that they were using City land Ithaca Gun 'already has a building on the tight-of-way built in 1949. No record of negotiations can be found. Ithaca Gun would like to put a new front on their building and extend out a little bit further. In going .� through this, they molly felt it was their property, but when a survey was taken it revealed that the Ithaca Gun fence was on City property. v. Alderman Meyer asked if the survey was taken after they had presented this plan at a meeting. Mr. Matava said the survey was going on at the time of the meeting. Alderman Stein inquired as to when the City found out about this problem. Mr. Matava said it was after they had received permission from the Zoning Board of Appeals, and applied for a Building Permit. Building Commissioner Jones commented that when Ithaca Gun went to the Zoning BOW4. of Appeals for an exception for their front yard requirements, they said they owned the land. No ape had reason to doubt them. Upon applying for a Building Permit, it was discovered Ithaca Gun did not own the land. Alderman Stein inquired about a common low that if a private owner or company has possession of land over 7 years they have ownership of the land. Attorney Gersh said this does not apply to public land. Alderman Gutenberger asked if the now construction would extend beyond the present. Mqyor Conley asked why the City was unable to determinewho owned the land from our present maps. Building Commissioner Jones commented that the maps now used by the Building Department have not been updated since 1958. Alderman Nichols spoke in favor of the Ithaca Gun expansion, and said she thought it would be an asset to the community. Alderman Stein commented that he felt that everyone is behind Ithaca Gun, but that he wanted to take steps not to get the City involved in a situation like this again. Alderman Wallace inquired as to what would happen if no action was taken on this matter. Mr. Matava said t4ey have a contractor ready to go, and it would cost , them an additional $6,000.00 plus scheduling. • Alderman Stein asked what kind of a situation arises when a building is already on a piece of land that is awned by the City, that is. put up for public bidding. Does this prejudice the tights of anyone else to bid on that land. Attorney Gersh answered no, but it puts Ithaca Gun in a very difficult situation. .- 7 -4= May 18, 1573` Attx3:rn y Gersh tot lit ed that the City hds aii the aptfbfia Thd dity tan at some future date tell ithdUt dUh try get off but li il+d i end t hk6-the i@nd hs@ks Th@ City can keep the fsi►ethetits, iii' mike them at their eif�mat rdthnvo. the f�fei aaftts. The City edH 9011 6t the City can tradd. AidUfftah_Meyer favored a trade of land to improve the road, which is hazafdotis Afid d&Rg @i'bnd a Attorney John Barney, Attorhey for Ithaea.,,Gun, read the terms of the agreements The license is for a strip of land 16 feet by 140 feet. ,-The annual rental will be $1.00 per year. The license is for 3 years and renewable successive terms of one year thereafter automaticly, unless eithet'party notifies the other within 90- days prior to the expiration of the ori- inal renewal terms that the license:.is terminated. The City can instruct Ithaca Gun to remove its building, afid -they- will-=do-so, regardless of the hardship to Ithaca Gun. Moved by Alderman Slattery: seconded by Alderman Nichols RESOLVED, That the Mayor be directed to enter into an agreement with Ithaca Gun for a license agreement for a period of 3 years at a fee of $1.00 per year. Discussion took place to amend the resolution adding several amendments, but it was decided not to change original resolution. Motion Carried Moved by Alderman Wallace: seconded by Alderman Stein RESOLVED, That the City Engineer and City Attorney be directed ascertain the ownership of this particular piece of property, and report back to Council at its June 1973 meeting. �r�fefl City Att6ft10-y. Oefsh d iAd4 tfifif he %ijjd,..€o@j A ��t .aa � �� ftjtt�—r- a Ordihaned Coll nas Would ptlt @ Ago diaiid& taf• Uleii" -EIafia afitlbfi; @bee p-eedhfe f @f 0@ NdAtfi > e§ g� f 69 -Waj�4 8j .X101 A§0@ei@ t6 J%id e ti kowd by Alts @mil AWIm Ofmoaaea Ai4a & halt ih Hiy Rngiheef m 'the stdt@§ df th@ datiad ih@ $ 6@it 699§' t# th@ HEY tai lthbea, slid 61e.ri€ie§ i3h6§@ f @§' 6ii§ $i ty t i@ t8 ka 311 tmgg 40 to aatc� be p City psii ji#ie @f to td fePdit t6 t @ @@'mtl at ita jam.@ tiding AEh th+e ddbwbks aad §@gg@§ti6@ d§ to flow they my btu $j6hgl,� lip t8 d @t @: Vic?€ind dd�ahfd @d dt �:�d }is�s # MY i 8 5 � COMMON COUNCIL PIZCEEDtW5 CITY OF ITHACA, MW YOM Special Meeting 7:30 p.m. May 23, 1973 PRESENT: Mayor - Conley Aldermen (13) - Boronkay, Boothroyd, Barber, Henderson, Jones, Gutenberger, Schmidt, Slattery, Wallace, Saccucci, Nichols, Meyer, Stein ABSENT: (1) Alterman Spano OTHERS PRESENT: Attorney - Gersh Asst. Fire Chief - Reeves Asst. Controller - Spano Planning Director - VanCort Asst. Supt. of Public Works - Hannan Police Chief - Herson Building Commissioner - Jones City Clerk - Rundle GLASS RECYCLING: Alderman Meyer commented that now that we have been very success- ful with our glass, starting June 4, 1973, glass will be picked up all over the City, in all the wards; it's time now to start on another phase. During this last year all over the nation people in cities have been exploring different ways of doing recycling, and using solid waste. There is no onesolution, or any one successful way. This is a brand new i4dustry and brand new problem as her movie will'reveal. A Orman Meyer presented a movie to Council on solid waste management. Mayor Conley announced he had called this special meeting so that a public hearing could be held for two items: 1. to consider amendments to the Zoning Ordinance of the City of Ithaca to provide adequate off-street parking in residential areas 2. to consider amendments to the Zoning Map of the City of Ithaca to extend area designated as B-2 to B-3 southern half of the block bounded by Seneca, Buffalo, Aurora and Tioga Street. ZONING ORDINANCE AMENDMENT-OFF-STREET PARKING was read to Council by Alderman Stein as presented at the May 23, 1973 Common Council meeting: RESOLUTION'TO AMEND THE ZONIiTG ORDINANCE OF THE CITY OF ITHACA TO PROVIDE FOR ADEQUATE PRIVATE OFF-STREET PARKING IN RESIDENTIAL AREAS WHEREAS, there exists a shortage of private off-street parking in certain areas of the City of Ithaca, which causes inconvenience to drivers and to residents of the areas, and WHEREAS, the continued conversion of existing buildings, redevelopment and new development of parcels within the residential areas of the City will put further burdens on 'parking facilities in these areas, and WHEREAS, the parking requirements contained in the City's existing zoning ordinanca'9 by being tied to dwelling units, do not satisfy the possible demand for such pA& In many situations, I4OW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ith a public hearing on May 23, 1973, at 7:30 p.m. in Common Council Chamber , consider amendments to the zoning ordinance of the City of Ithaca as fold.' : Section 2 - Definition: Add "bedroom or sleeping room. A habitable #FaCL- all or prrt of which is used for overnight sleeping." Section 7 - District Regulations Chart (Column 5, Off-street Park lquire- ment) : Delete from use District R1 "1. One space per dwelling ma- , ,� Section 7 - District Regulations Chart (Column 5) : Add "One spag4t, b ' the first three bedrooms or sleeping rooms or part thereof plus one span ter each additional two bedrooms or sleeping rooms, or part thereof," and BE IT FURTHER RESOLVED, that the Planning Board of the City of Ithaca is heft**, requested to review the proposed amendments and to submit its recommendation thereon to this Council prior to May 23, 1973, and BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca be, and he boreby is, authorized and directed to advertise in the Ithaca Journal for a pO lic hearing for the above purpose as directed by the Council, and 52 -2- May 23, 1973 BE IT FURTHER RES%VED, that the City Clerk also send a copy of this notice to the Clerk of the Town of Ithaca, the Clerk of the Board Of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca Regional Planning Board and the Finger Lakes State Park Commission Alderman Stein read a letter from the Planning Board as follows: Dear Mayor Conley and members of Council: Concerning the proposed change in the taxt of the toning Ordinance, the Planning Board, at its May 15 Special meeting, unanimously passed the following motion: "The Planning Board approves the text change with the recommendation the ordinance be strengthened by requiring the following change: Instaad of one (1) parking space for three (3) bedrooms plus one (1) for each following two (2) , it should be one (1) for each three (3) bedrooms plus one (1) for each following single bedroom." H. Matthys VanCort Planning Director Alderman Stein commented by State law that any proposed amendments that is within 500 feet of a public building or state highway be referred to the County Planning Board. Alderman Stein said this has been done, and to his knowledge the city has not received a recommendation. Attorney Gersh remarked that the minutes should so note that the notice of this special meeting and a copy of the proposed Zoning Ordinance amendment appeared in the Ithaca Journal news May 23,1973. The City Clerk sent copies of this notice to the Clerk of the Town of Ithaca; the Clerk of the Board of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca Regional Planning Board, and the Finger Lakes State Park Commission. Attorney Harry S. Hamilton appeared before Council. Mr. Hamilton said he has been a land owner in the City of Ithaca for the past 27 years. He said the original reason he was appearing before Council was due to articles he read in the Post Standard and the Ithaca Journal which is not correct. He said these newspaper articles deceived the general public, as it would most anybody. The article said the off-street parking changes is specifically aimed by its authors at the increased housing density on East Hill, and its subsequent parking problems, and will have little or no effect on single family dwellings. Mr. Hamilton said if you read the amendment this amendment effects every dwelling in the City of Ithaca, that has three bedrooms, or less number of bedrooms but one of them is used for sleeping overnight. He said that the newspapers statements could have easily deceived the general public. He said this amendment effects every house in the City of Ithaca He wondered if the Common Council realizes that there are perhaps thirty-five per cent of the houses that do not have garages, and there are at least twenty-five per cent of the dwellings in the City of Ithaca that could not have a parking place if they wanted one. The City has lot sizes as small as thirty foot frontage, and in the north section most of the lots are thirty three foot frontage. He said he was sure that the Planning Board, the Council and the Appeals Board is not even going to allow a curb cut to let somebody parkin their front yard. These are automaticly going to be non-conforming uses, or else you are not ever going to be able to rent an extra bedroom if you have three. Mr. Hamilton said the Codticil is also going to consider a parking garage, and the taxpayers are going to expend something in the vicinity of five million dollars to provide two of these parking garages in downtown Ithaca. Ile said no one is doing anything for the house owner who has a house and who wants to rent a room. The City can subsidize parking downtown, and yet the home owner anywhere that has three bedrooms or more, and who rents one of them out, must provide an extra parking place. He said that several units downtown do not have parking places, but the Planning Board and the Board of Zoning Appeals has approved the situation where there is municipal parking available. Variances have been granted so that people can construct or convert their apartments and homes. He said that these municipal parking lots do not belong to the men who own the property, they belong to the taxpayers. He said that it does not seem fair to subsidize these people, and hurt the individual home owner. Mr. Hamilton said you are hurting generally the small person in the City of Ithaca. He requested that this resolution be defeated by Common Council. -3- May 23, 1973 Alderman Stein asked Attorney Hamilton if he understood that any change in the Zoning Ordinance is not retro-active. By Alderm an Henderson: seconded by Alderman Stein RESOLVED, that the Public Hearing on the Zoning Ordinance-Amendment for Off-street parking be closed. Alderman Schmidt asked for a point of clarification if there are three bedrooms, one parking space is required, regardless of how many of those bedrooms are occupied by family, or tenants. It is only as the number of bedrooms or parts thereof increases that one needs additional parking space. He said he was confused as to what Mr. Hamilton said previously that by converting a room or existing bedroom and renting it out to a student would not change the parking requirements what-so-ever. RESOLUTION TO AMEND THE ZONING ORDINANCE OF THE CITY OF ITHACA By Alderman Stein: seconded by Alderman Henderson WHEREAS, there exists a shortage of private off-street parking in certain areas of the-City of Ithaca, which causes inconvenience to drivers and to residents of the areas, and W WHEREAS, the continued conversion of existing buildings, redevelopment and new development of parcels within the residential areas of the City will put further burdens on parking facilities in these areas, and WHEREAS, the parking requirements contained in the City's existing zoning ordinance by being tied to dwelling units, do not satisfy the possibe demand for such parking in many situations, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca approves the amendments to the zoning ordinance of the City of Ithaca as follows: Section 2 - Definition: Add "bedroom or sleeping room. A habitable space all or part of which is used for overnight sleeping." Section 7 - District Regulations Chart (Column 5, Off- street Parking Require- ment) : Delete from use District R1 "1. One space per dwelling unit." Section 7 - District Regulations Chart (Column 5) : Add "One space for the first three bedrooms or sleeping rooms or part thereof plus one space for each additional two bedrooms or sleeping rooms, or part thereof." Alderman Stein commented in consideration of the recommendation made by the Planning Board he would like to make an amendment to his resolution. By Alderman Stein: seconded by Alderman Henderson NOW THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the City of Ithaca be amended as follows: Section 2 - Definition: Add "Bedroom or sleeping room. A habitable space all or part of which is used for overnight sleeping." Section 7 - District Regulations Chart (Column 5, Off-street Parking Require- ments) : Delete from use District R1 "1. One space per dwelling unit." Section 7 - District Regulations Chart (Column 5): Add 'One parking space for each three bedrooms or sleeping rooms or part thereof plus one space for each following single bedroom or sleeping room, or part thereof." 54 -4- May 23, 1973 A discussion took place on the Co6ricil floor p6iAting out the various problems involved in attetnptitig to enfotce these new t'egiilations. Alderman Schmidt commented that he would like to offer a compromise between 'what the Council originally recommended and what the Planning Board recommended. By Alderman Schmidt: seconded by Alderman Nichols RESOLVED, That Section 7 - District Regulation Chart (Column 5): be changed to read: one parking space requirement for the first three bedrooms, or sleeping rooms or part thereof, plus one parking space required for the next two bedrooms, :4 plus one additional parking space required for each bedroom beyond five bedrooms. Alderman Schmidt's amendment was accepted by Alderman Stein and the second Alderman Henderson. Alderman Nichols and Alderman Meyer spoke in favor of Alderman Schmidt's amendment to the resolution. The resolution as amended read as follows: RESOLUTION TO AMEND THE ZONING ORDINANCE OF THE CITY OF ITHACA TO PROVIDE FOR ADEQUATE PRIVATE OFF-STREET PARKING IN RESIDENTIAL AREAS WHEREAS, there exists a shortage of private off-street parking in certain areas of the City of Ithaca, which causes inconvenience to drivers and to residents of the areas, and WHEREAS, the continued conversion of existing buildings, redevelopment and new development of parcels within the residential areas of the City will put further burdens on parking facilities in these areas, and WHEREAS, the parking requirements contained in the City's existing zoning ordinance, by being tied to dwelling units, do not satisfy the possible demand for such parking in many situations, NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca held a public hearing on May 23, 1973, at 7:30 p.m. in Common Council Chambers, and approved amendments to the zoning ordinance of the City of Ithaca as follows: Section 2 - Definition: Add "Bedroom or sleeping room. A habitable space all or part of which is used for overnight sleeping. Section 7 - District Regulation Chart (Column 5, Off-street parking require- ment) : Delete from use District R1 "1. One space per dwelling unit." Section 7 - District Regulation Chart (Column 5) : Add one parking space requirement for the first three bedrooms or sleeping rooms or part thereof, plus one additional parking space required for the next two bedrooms, plus one additional parking space for each bedroom beyond five bedrooms. A roll call vote was requested on Alderman Stein and Alderman Schmidt's amendment, and was taken as follows: AYES: 13 NAYS: 0 A roll call vote was requested on the original resolution by Alderman Stein, and was taken as follows: AYES: 13 NAYS: 0 Mayor Conlay opened up the meeting to the second item on the public hearing to amend the Zoning Map of the City of Ithaca. Ald n Stein ead the r solution as presented at the May 23, 1973 meeting. By A erman Ste n: seconded by Alderman Henderson WHEREAS, the Common Council of the City of Ithaca has by previous resolution deemed the provision of public parking in and adjacent to the Central Business District (CBD) of the City to be a City responsibility, and WHEREAS, the approved Urban Renewal plan of the City of Ithaca designates for public parking the southern half of the block bounded by Seneca, Buffalo, Aurora and Tioga Street, which is within the Urban Renewal Project 1 area, and with a B-2 zone designated by the zoning map of the City of Ithaca, and -5- May 23, 1973 WHEREAS, the Common Council herewith, and by actiott previously taken approving the constrnct;.ion of such st-tucture as a media fO providing needed public parking without removing excessive amomts n&' le and revenue-providing commercial 'land from the City's land smock, atd " WHEREAS, 4"Itivate developer, .acting in conj t:ios#,,�gltk the New York State Urban DeVelopuent Corporation,,has mMe s proposal to than City of Ithaca to build si ntl�tiyalltt3ry public parking st:ru&*e an the property` mentioned, which proposal n 'acn'apted by the�Clty.., and tfit' current zone°map pf' the'Ofty of Ithaca imposes certain restrictions on'y #Idings, primarily 4ega:rding height and lot coverage, in B-2 zones which would be excessive if applied to this proposed parking structure, and which would act to hinder development of proposed projects and thereby damage the economic visability of the CBD if applied thereto. NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Ithaca hold a public hearing on May 23, 1973, at 7:30 p.m. in Common Council Chambers to consider the rezoning of the .southern half of the block bounded by Seneca, Buffalo, Aurora and Tioga Street from B-2 to B-3,.and BE IT FURTHER RESOLVED, that this Council request the City Planning Board to consider the proposed rezoning and to present its recommendations thereon to Common Council prior to the time of such public hearing. BE IT FURTHER RESOLVED, that the City Clerk also send a copy of this notice to the Clerk of the Town of Ithaca, the Clerk of the Board of Representatives, the Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, Greater Ithaca Regional Planning Board, and the Finger Lakes State Park Commission. W '-� Alderman Stein read a letter from the Planning Board as follows: Dear Mayor Conley and Members of Council: Concerning the proposed change to the Zoning Map, the Planning Board, at its May 15 Special meeting, unanimously passed the following motion: '4The Planning Board recommend approval of the Proposed map change." H. Matthys Van Cort Planning Director ARTHUR J. COLDER 110 West 'Court Street appeared before Council. He said that he did not come to praise or criticize the five story ramp garage. What I did come . here fox.was to point out that'the Council may be making, a grave mistake in changtng what he would term to spot 'zoning. Mr. Golder said that•he' thinks that to send this to the Board of Zoning' Appeals for a variance would have been the better way to do it. Over a period of years the Board of`Z6ni4g'Appeals'has had several cases taken to court. One 'Case went as high as the Appellate Division of the State Supreme Court. The court has always decided that they would not make judgments over and above that made by the local Board of Zoning Appeals, _ Every tase:that has gone to court as' far as the Board of Zoning Appeals in concerned, has beet! won by the` City of Ithaca. Mr. Golder read from a legal memorandum from the State of New York regarding spot zoning. He .said spot zoning is a very dangerous thing because if someone took this to court, the City would find itself in a' very poor position to.defend` spot toning. He asked the Council to consider this point. Alderman Stein asked Mr. Golder if his statement was taken to mean 'that this Zoning change is not in the best interest of the City. Mr. Golder said that this is correct, that it cannot possibly be proven, because the courts have said it' has'to be in the interest of public health, safety and welfare. $y Aldeiman.,tchmidt: - 'seconded by Alderman Slattery RESOLVED, That'the pub 11-c' hearing be closed. Carried Aldo z, nted that haF m ould,nit supodrt' the motion on the floor b, 'he ,�� ,number ojw, it ,.spot zo*4w in its true sense, and number two he t not Uwl thAt it: scat, : ' pasit3cw#,,on the original`vote on this particular item, that he 004ii 'Support aaty $ tk' the physical edifice that is 140ing up' at th$A 001ht that V*U,-is r= it said he feels that the City of _�Oaea Aas Made` . S ex ; that It stobWhow befit done 'through,,tbe Board of ng.,Appals�. r _ " t...e' 2 3'r-E iP J.a .�r�tir t 3• •rte e ! � � 7. ♦ 1 .'t- p7'pr '.fj-1"T�... ,..r o t, a r aJ 'i ,J�s�ba s 1 1..j•^d.�,� a'Tf"7 a�� � e+f- �� rx' "�. '` +e s.t.i 'tiea:.tic t'3 , > .";� '�9v P'K :�.f• .r!t:3 '1 -ice ._ t -r'.�. [ i £ n! Y i s t r '� 3rs ,+ttttEaxf f J !` k_ C �? nE .� T x*; a 'Cj •,� � �+ �+ta:ii r Y 3 i t i 'C', i s + �g f"x i,.,•.A --��2 s f).. C�'. c n.'+ -�T`3F+ RA I + � cermem=:��� �a�#Je� ��de` ainMbi'a�xa�� ip t�u t t�ia , n 5 iC s`< ' peat Y the p t alai made (2. r.i f.t.r yJ -� t s •, J x S{—4w 0. _ .i�9 S { _a f1i'-ti }},�{ T! + r k 2 i' F J i y ¢• J ty -: "i .3 i f I }' ; E/ J •t ii '' ; AideTman Wal b J-�y b iC� said that hBJnQOr nQt t t )'vS F• Lt � its 3 b�� fin; the d;elst a � ,,'P.n c'iular z iii tare- ` r :r rEy �1tya {t` f 3 r M1, ..." 'A ia $tantQj+ + ametti that 3t a feltLv m6 �� at, iaaces a . ts, dCgIA t 'aid► e"u l �the body r exr t .:. b �f nirt �ttae, fie' f e the �t�ard ctt�;t i r. o r°� Mayor t P�iay Cale A- °�a -��" � d=K�ha� tirb�g�terF€�#a3- la �,�;,� .�.�u= `j�.� �:� , ..+ pr�biic parking. ,. d F t�es ais�F .G1 la :land as 'p `J7 .tom'- a 1. ._ _ .. .' �arYi ;r+v;T� '�r.§,��r.; .: �Fb•J°f J7_i �s. tor[2 Ge G- { t i tbU' i.S .; - - 13 fs.,?7 ;?t lot Q a1 is,t t'd ma411 s '' La a sation at nor �g relates � �,Q case. of�'aF�rt�,,�,�a�r �- a J e�i� ( Y P. ave zling,+ and. makie :; r �< t f a pu s�figle out anitae Here you y ""Patng'. it is designated 'and a been -used: fe gnated Mit r, : r public pro o _ .r>• Fi 1� ,as . b .:�pertcIng The rOWT' � ,��� arm �s3 t�.�.�•r���:=p~a �i�� , :� x�• .:z: q- ,m . r _ 5 :a Q8i9ac;ghat in no 411n. i 'hot arf s Pri a tfts tiaiah ° ; gat=Qrhitsa r'fJs a � Prsh ive i :Pj,,*Ole.it d&V*dd1", : �gt'�' G�� ��� �t�e� Busing r n� =+r¢ Er :` � t tf! � ti �ai`Qn` •. benefit AQ V-9 1oro�s a pees° e on he res�c,ihfigri by Ald r parr teln,��-and taken T-a J Alderman'$arber' s �Jd$ n a3ones !queated tlt Sd .s , ..,� • .i r,;'+'7 ; { . ;t.•J t m st teen streets - tie agenda r gardi _ g k g on n ts�the added .to h Patin Alter u BAfbiji a jeetec� a f s s ute� atialy keep3g°ryt. off the agenda, COi�`lF NICATTONS :FROM i�AYOI� Robert Christi s rt ,�(, tOe� t bureau �4dut� loo ' t - � ' , reps ace 5Zr7Vi ? lf'dli f'" ✓ `P `t"rf a yo-, y- 4, Berman l St •, einy secoYided` ydls : RESQLVED, That i:he Cotu� l ± °3t°9aApaint�nent. S b City Clem 1un€" r4md"a Idtter f y. ,•� Carried �-� ram • t eT� 0WS dt e ap ointma7r .to the Bba d of orso i, tQd �w r�eee tattx a one;- year' .. t�� $x `low tot c- t1t�zIDSl t11'$memi g� cs t ?< f¢,llF the: reticle o t1 $' .�19� eax aP.Point tit -to b Inat � of `i +'_� .. feet: C...A Tttrerman _ Dopu Y Fire Chief I' yor Conley-,read a letter from Ithaca Fire Co. No. '3 'as folio ws: It hag been - ght to the attenti-on of Number rhraes' that a vacs . nncy will occur �. very soon orr 'the SQard of Fire, Go�ntssianer,s We would like to ppint out; the fact -Numb Thr-'ees has" not had a commissioner Orr the Board since the, 1950°:s. The .members. of Number Threes -respect full as -off unanimous choice as a candidate forPFres oissionerPtaDickichard 0, Gere Fire'Department joined the in r of and has been_very active ever since. He has been a Company officer for a number of years. He was-first elected Captain Februar 6 s�peciai company election fQlTowin theme y , 1952 in a of that year. Later, he was"elected "Captain in 1961, 1972 rand 1973ee For is January Of years, he has averaged,,Well over 1Q4-responses' 'to firs "aI number e arded by rye; aid` f , arms per year, d� • .ficss and niert of the Fire Department a Dick Aritfortded conce ring fire Department affairs. nd;;; Well Leland R. Crawford, Secretary r7 -7- May 23, 1973 Mayor Conley appointed Richard U. Mete As a Fire Commissioner to fill the remainder of the term of Harry Ryerson. By Alderman Schmidt: seconded by AldehAn Boronkay RESOLVED, That the Council approve the Mayor's appointment. Carried RESOLUTION TO THE FAMILY OF HARRY P. RYERSON: By Alderman Gutenberger: seconded by Alderman Slattery BE IT RESOLVED, on behalf of the Mayor, the Common Council and the City of Ithaca we wish to extend our condolences to the family of Harry P. Ryerson who acted for many years as a member of #9 Fire Company and also as a Fire Commissioner. He served his City well and his energies he so generously expended on its behalf will be greatly missed. We wish further to spread a copy of this resolution upon the minutes of this meeting and that a copy be transmitted to his family. Carried COMMUNICATIONS FROM CITY CLERK City Clerk Rundle read two petitions from Thomas G. Payne, Director of Assessment for correction of Assessment Rolls of the City of Ithaca, New York. Alderman Slattery presented the following resolution: O TAX ROLL CORRECTION W Property Location Owned By Land Bldg. Exemption Net Taxable 316 Hook P1. John B. & Ann R. Griffin $3,650 $3,650 Incorrect -0- -0- Correct 221 Linn St. Charles W. & Beatrice Weaver -0- -0- Incorrect 3,650 3,650 Correct 1013 W. State St. Ithaca Leasing, Inc. 9,700 9,700 Incorrect -0- -0- Correct 112 E. Seneca-St. Board of Education 11,700 7,250 18,950 Incorrect -0- -0- -0- Correct 411 N. Geneva St. Frank & Ruth Willett 4,000 4,000 Incorrect 3,950 3,950 Correct By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that the exemption of $3,650 against tax map parcel 56 - 7 - 13'at 316 Hook Place, granted to John B. & Ann R. Griffin be expunged as recommended by the Director of Assessment. Carried By Alderman Slattery: seconded by Alderman Henderson RESOLVED, that an exemption of $3,650 against tax map parcel 47 - 4 - 28 at 221 Linn Street not previously granted to Charles W. and Beatrice Weaver be granted as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that an exemption of $9,700 against tax map parcel 58 - 1 - 2 at 1013 W. State Street granted to Ithaca Leasing Inc. be expunged as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Henderson RESOLVED, that a duplicate assessment of $18,950 against tax map parcel 61 - 5- 13 at 112 E. Seneca Street, charged to Board of Education be expunged as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Stein RESOLVED, that an exemption of $4,000 against tax map parcel 50 - 4 - 29 at 411 N. Geneva Street, granted to Frank and Ruth Willett be reduced to $3,950 as recommended by the Director of Assessments. Carried -8- May 23, 1973 By Alderman Slattery: seconded by Alderman Nichols WHEREAS, Petitions have been filed by Thomas G. Payne, Tompkins County Director of Assessments, requesting that erroneous assessments appearing on the 1973 Tax Roll be .corrected in accordance with the foregoing schedule. NOW THEREFORE BE IT RESOLVED, That the 1973 Tax Roll, approved by this Council on May 2, 1973, be and it hereby is corrected to reflect these corrections and which will produce final valuations as follows: Present Tax Roll Corrected Tax Roll $ 28,424,140 Valuation. of Land $ 28,412,440 164,772,793 Valuation of Buildings 164,765,543 $193,196,933 Total Valuation of Real Property $193,177,983 95,880,460 Less: Value of Exempt Property 95,870,810 $ 97,316,473 $ 97,307,173 4,172,849 Valuation of Special Franchises 4,172,849 $101,489,322 Net Valuation of Taxable Property $101,480,022 AND BE IT FURTHER RESOLVED, that the final 1973 Tax 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 BUDGET AMENMiENT: By Alderman Slattery: seconded by Alderman Henderson WHEREAS, this Council did by resolution, dated May 2, 1973, approve a tax levy as near as may be of $1,725,318.00 based on a net taxable valuation of $101,489,322.00 and, WHEREAS, the extension of the tax roll by the City Chamberlain produced a :tax levy of $1,725,161.02, NOW THEREFORE BE IT RESOLVED, that the General Fund Appropriated Cash Surplus Account in the 1973 Budget be increased from $614,603.00 to $614,759.98 to provide a balanced budget at the established tax rate of $17.00 per $1,000 of assessed valuation. Carried PERSONS APPEARING BEFORE COUNCIL LINDA HUMPHREY 118 N. Sunset Drive representing the League of Women Voters read a statement and position by her group on solid waste management as announced by the National Board of April 9, 1973. She called to the attention of the Council under Ithaca Newspaper recycling, the ninety acre land fill purchased at a cost of $35,000 has been in operation nearly three years and is already nearly half full. Paper constitutes nearly fifty per cent of solid waste. The Tompkins County League of Women Voters stated that they would be glad to work with the Environmental Comm- ission or whoever toward feasable alternatives to land fill of paper or metal. They have had contacts with the Board of Public Works concerning recycling paper and'have a strong national consensus to carry on further action. ALDERMAN MEYER PRESENTED THE FOLLOWING RESOLUTIONS: By Alderman Meyer seconded by Alderman Slattery WHEREAS, the nation faces a large scale problem of solid waste disposal, it is necessary for each community regard- less of size, to develop its own alternative to the useless dumping of these resour- ces, and WHEREAS, we have successfully worked out a solution to the separation and pick up ofglass, providing a city wide operation which will be under way within a short peXiod of time, and WHEREAS, solid wastes are if fact valuable resources reclaimabe for money and these resources need to be reclaimed for the protection of our economy, and WHEREAS, we have completed the first phase of recycling, it would seem appropriate to work on the areas of paper and metals, BE IT SO RESOLVED, that this Common Council requests the Environmental Commission, with the help of the League of Women Voters and other interested community parties to develop a feasible altermative in the area of paper and metal, and hay 2a, 1973 BE IT FUR32ER'RUSOLVEDY. thatvha .Department of Public Works be directed to provide them.with the necessary information to develop this plan. Carried By Alderman Meyer seconded by Alderman Nickols WHEREAS, the rates established by the ICC for virgin timber are lower than the rates for recyclable materials, and WHEREAS, this difference affects the economic feasibility of transporting mater- ials forreuse, and WHEREAS, this nation's businesses and the Environmental Protection Agency reconize the need to develop recycling nation wide, BE IT SO RESOLVED, that the City Clerk with the support of the Department of Public Works be directed to write a letter immediately to the ICC requesting that the rates are changed, making it favorable to transport recycled materials. By Alderman Schmidt seconded by Alderman Barber that this motion be Tabled. Carried O Alderman Stein commented that he had received from the City Clerk a copy of a proposed new state dog law. "= By Stein seconded by Alderman Wallace resolved that this matter be referred to the Charter and Ordinance Committee. Carried BUDGET AND ADMINISTRATION COMMITTEE Federal Revenue Sharing Priorities Committee By Alderman Slattery seconded by Alderman Schmidt: Be it resolved that the Mayor is hereby authorized and directed by this Common Council to establish a subcommittee of six council members, one of which shall be a member of the Budget and Adminis- tration committee, for purposes of soliciting input from community groups and city governmental agencies at open committee hearings on possible uses of general revenue sharing money. This committee shall be charged with estabishing prior- ities and recommendations to the Budget and Administration Committee for final submission to Common Council for action -- this is a subcommittee of the Budget and Administration Committee, and I so move. Carried PLANNING AND DEVELOPMENT COMMITTEE Alderman Jones presented to Council a resolution to be laid on the table for the June 6, 1973 meeting as follows: By Alderman Jones seconded by Alderman Boronkay resolved that the Board of Public Works following the signing of the Caldwell-Rothchild agreements, and the start of said project remove on-street parking from the North side of East Green St. between South Tioga and the tuning fork. MALL COMMITTEE Mayor Conley appointed the following to the Mall Committee: Planning Board Members Downtown Businesswomen's Assoc. Henry Doney Mrs. Agda Osborn Gerald Schickel Milton R. Shaw Common Council Members Mrs. Ann Jones Stuart Stein Downtown Businessmens' Assoc. Stuart_;Lewis Area Beautification Council Gregory Kasprzak Ex-Officio Members H. Matthys Van Cort-Chairman Mayor Edward J. Conley -].n- May 23, 1973 CYO PROPERTY Alderman Jones said that her committee has received an evaluation report from the Planning Board, but her committee has not had time to study the report. A report will be made at the June 6, 1973 meeting. Mayor Conley appointed Alderman Boothroyd to the Public Works and Transit Committee, and the Budget and Administration Committee. Mayor Conley appointed Alderman Spano Chairman of the Public Works and Transit Committee, and to serve on the Ad Hoc Water and Sewer Committee with Alderman Schmlt to serve on the Tompkins County Sewer Agency. Attorney Gersh introduced Scott Wasmuth a senior in High School who was acting City Attorney for the day on the youth turn around program. By Alderman Jones seconded by Alderman Schmidt resolved that Council adjourn its regular meeting and enter into Executive Session. Carried A discussion on hiring legal council for Mr. Van Cort to help with his negotiating for an Architect for the Mall, and the handling of the present employee grievances took place. By Alderman Schmidt seconded by Alderman Jones resolved that the Mayor and City Clerk be authorized to seek the services of an Attorney to help with the selection of an Architect, and the handling of the present employee grievances, at a sum not to exceed $1,000.00. Carried Meeting was adjourned 10:12 P.M. r � Joseph A. Rundle, City Clerk Edward J. Con y, Mayor i 6 . COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:39 p.m. June 6, 1973 PRESENT: Mayon - Conley Aldermen (14) - Boronkay, Barber, Gutenberger, Henderson, Jones, Boothroyd, ` Meyer, Nichols, Schmidt, Saccucci, Stein, Spano, Slattery, Wallace OTHERS PRESENT: Attorney - Gersh Youth Bureau Director - Cutia Controller - Daley City Clerk - Rundle Supt. of Public Works - Dingman All present were led by Mayor Conley in a Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked the approval of the minutes for May 2, 1973. Alderman Stein commented that the May 2, 1973, minutes did not reflect split votes. He said he would like to see the names of the Alderman shown and how they cast their vote. The minutes for May 2, 1973, meeting voting are unabie to be reconstructed from the tape, but in the future will be shown. Alderman Jones requested two corrections to the May 2, 1973, meeting as follows: 1. on page nine (9) last paragraph Conway Park should read of which $5,000 has been allocated not $6,000 as shown. r17 2. on page thirteen (13) paragraph five (5) should read: by Alderman Jones: seconded by Alderman Henderson RESOLVED, That the City's contract with Levatich, Miller and Hoffman for the design of the State Street Mall be terminated for just cause and dissatisfaction with services rendered. Attorney Gersh said he had an addition to the May 2, 1973, meeting in the dis- cussion of a full-time City Attorney by the Executive Committee. Mr. Gersh said he requested the privilege of referring some matters to people within his own office. He said he mentioned this for two reasons: 1. He felt that people within his own office, within certain areas of specialization could do as good, or better than anyone else he could think of at this time. rs 2. Mr. Gersh said that it would permit him to more closely supervise and keep track of, and have better communications with what was happening. Since he ultimately had to answer and be responsible for whomever was assigned that task. It wa6 'the feeling of Council that they would have no objections to this arrangement. By Alderman Henderson: seconded by Alderman Jones RESOLVED, That the minutes for the May 2, 1973, meeting be approved as corrected. Carried By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the minutes for the May 18, 1973, meeting be approved. Carried PERSONS APPEARING BEFORE COUNCIL ROLLI ADORNO of 435 Elm Street, Ithaca, New York, read a statement from the coalition to conserve Cayuga Lake opposing Bell Station Nuclear Power Plant as follows: The Coalition to Conserve Cayuga Lake ld` Ce4oA direct the attention of the members of this council to the results ot,it*.n on- ug,,petition campaign in many communities which lie on and near the lake. This ;Awk.we have added 820 new signa- tures of residents of this asa wp, in tf words of the petition, ' ose the construction of the Bell $tatioi% Wlear Flower Plant1°,"because of !hti otential hazards to the lake and those ok pa who live nearby" This brings '�uir tar.41 Of signatures collected and- verified to 6,663. Of this number, 3,827 r*WAe $4 Ithaca; and an additional 7" are students who live in Ithaca. We believe that, the voice of these 4,616 signers constitutes a very strong mandate to Comm= Cow ij'; and we therefore urge the me;oers of this body to vote ag$inst the New 'Park State Electric and Gas proposal in }e resolution before them. 62 i -2- June 6, 1973 r Some of our concerns are specifically local. We are troubled by the findings of the independent scientists who reviewed the NUS study on the environmental effects of Bell Station. According to these members of our own community, we are far from sure that Bell could be operated "without significantly affecting Cayuga Lake or its environment." Thermal pollution resulting from the use of lake water as a coolant might upset the natural balance of life in the lake. As some of your members have noted, consequences might include a negative effeci on the local economy, dependent as it is on the attractiveness of our region to visitors and vacationers. We question vehemently whether a utility like NYSE&G, with all the protection of a monopoly, should have the right to determine the future of Cayuga Lake, particularly in the face of such strenuous opposition from residents of the region, and particul .y since all predictions about that future still appear clouded with uncertainty. With last week's timely ABC-TV documentary on nuclear power and the energy crisis, and with Ralph Nader's suit to close all operating nuclear fission reactors with capacities over 400 megawats, the future of Cayuga Lake becomes an issue of national importance. The proposed Bell Station would be an 830-megawat facility. What the television documentary and the voices of concerned scientists in this community make abundantly r:lear is that problems of nuclear safety have not been resolved beyond a reasonable doubt even with reactors of much smaller capacity. We are distressed that so little money has gone into the design and testing of the emergency core cooling systems which would protect us from a major disaster. We are concerned with the awesome problem of permanent, safe disposal of deadly plutonium wastes, since we have already produced nearly enough to threaten the future of humanity. And finally we are uneasy about assurances that the "small discharges" of radioactive material that would be poured into the lake daily would not affect us at all. This is a small lake, one which cleans itself out infrequently, one which provides thousands of people with drinking water. If we may take an analogy from another sad . experience in our abuse of the environment, we would remind you that thirty years ago no one thought that just a little asbestos dpst would do anyone any harm. Now we are learning that premature cancer and lung disease threaten all those who have been exposed to it. How will we feel thirty Years from now if the same turns out to be the case with "small amounts" of radio- active wastes in drinking water? To oppose the construction of Bell Station is not, we believe, to oppose "progress", nor to ignore the complexities of the energy crisis. Rather it would oblige government agencies and public utilities to attend to the gravest matter, that of our safety, by seeing whether the risks in nuclear fission energy production can be brought within acceptable bounds, and most important, by spending more money (the money we pay in taxes and utility bills) to develop alternative and more enduring sources of non-polluting energy. The technology to make the sun, the earth's own heat, the wind, even our own garbage and waste, serve our energy needs has been developed. All we need is the commitment of the power industry and the government to make these economically viable. We urge you to honor.the feelings of the many Ithacans who have signed our petitions and of those many others who feel grave doubts about the widsom of a nuclear facility here. Thank you for your kind attention. ALVIN KNEPPER of 100 Fairview Square read an editorial as follows: On Wednesday, the Common Council's Executive Committee will submit two resolution to the plenary body for approval and passage, which definitely requires further study and analysis by the aldermen. One is the resolution which would give the administration at City Hall the right to ". ..add and/or delete items from the agenda at the beginning of each Council meeting by a majority vote of the Council members present at the meeting." This means by a simple majority of whatever number of the aldermen present an issue can be introduced and passed. Therefore, anything that City Hall wants can t approved without proper deliberation, study or debate by even less than a quorum, For example, if eight members should show up at a regular meeting, a WR of five for the proposition would pass it. Since the administration holds the �sjority, ; there certainly would be practically no opposg ion or perhaps very lim1po 0 opposition. This regulation is highly undemocratic and should definitely be rejfcted. o -3- June 6, 1973 The other resolution deals with Bell Station. In it the Executive Committee admits' throughout that they do not know enough about it to formulate an objective opinion, yet they wholeheartedly oppose it. For example, the resolution states in part "...the construction of the reactor could result in a possible detriment to the economy in the area by reducing the number of tourists." This is an assumption on the part of the Executive Committee .not .based on any scientific study. How could they possibly make such a statement without surveys or studies? Instead of opposing it outright, they would be wiser to just state object vI that they "withhold judgment" until all the facts are presented and studied fo, both sides for the benefit of this city. From a random research survey I conducted, I found considerable support for the Bell Station. I, personally, have not made up my mind as yet to which side to support. The above resolution going through the administrations "steering" committee as they did, again proves the point that I made before the Common Council last mpttth that this Executive Committee is not needed for such a small legislative 1b9dy as it creates decision by a one-sided consensus rather than individual o"ective judgment, which can be dangerous to our system of participatory democracy. V i� ?: Alvin Knepper ORSON R. LEDGER of 209 First Street, Ithaca, New York, appeared before Council. Mr. Ledger said he was concerned about the enforcement of the Plumbing Code. He said an individual could secure a plumbing permit to do work in his own home, and other property he owned and have a plumbing inspector approve the work. He has been doing this the last four or five years. Mr. Ledger said that he has been told if he is going to do work in his apartment houses he must have a plumbing license, or hire a licensed plumber. This would be very costly to himself and others in the same position. Mr. Ledger said he came to Common Council to see if some type of an easement on the plumbing controls could be made. He said the large landlords would like to be permitted to do plumbing on their own properties. By Alderman Saccucci: seconded by Alderman Boronkay RESOLVED, That th*s matter be referred to Charter and Ordinance Committee for review. Carried ,, ,,,h,OMKUNICATIONS: The City Clerk read a letter to Council from the Tompkins County -,`` Ague of Women Voters inviting the Common Council to a meeting Thursday, June 7, M3, `16t 7;30 p.m. at KULP Auditorium, Ithaca High School. The subject matter is a panel discussion on the energy crisis. CLOSED CIRCUIT TELEVISION: Alderman Gutenberger requested that the item of a closed circuit television for the Hall of Justice be added to the agenda. No Objections TREATMENT SUPPLIJES: Alderman Spano requested that the item of Treatment Supplies for Cass Park Pool be added to the agenda. No Objections The City Attorney requested that the following items be added to his report on the agenda. 1. Mini Pool 2. Sgt. Jamarusty Grievance 3. Ithaca Gun Land 4. Seneca Street Garage S. Law Suit concerning Streeter and Nooley No Objections Alderman Stein requested that the zsgd t fr the Citylgfne regarding the status of land at Ithaca Gun and quest ons out updating City,,Maps be added to the agenda. M9 Objections 64 -4- June 6, 1973 COMMUNICATIONS FROM THE MAYOR: Mayor Conley withdrew the name of Ri.c4Ard 0. Gere as Fire Commissioner because he lives outside the City limits. The Ngypr announced ,that Robert W. Cook of 115 E. York Street replace Mr. Gere.11r. Cook ,W11i serve the balance of CommissionerRyerson's term. By Alderman Saccucci: seconded by Alderman Barber RESOLVED, That the Mayor's appointment of Robert W. Cook as Fire Commissioner be approved. Carried By Alderman Boronkay: seconded by Alderman Wallace RESOLVED That the appointment of Richard 0. Gere as Fire Commissioner be rescinded. Carried 4,• Mayor Conley read a letter from Fire Co. No. 5 submitting the name of Thomas Joseph 112 Auburn,Ithaca, New Yorh, for appointment aE Fire Commissioner. The Mayor announced the appointment of Thomas Joseph 112 Auburn Street, Ithaca, New York, es Fire Commissioner for a three year term starting July 1, 1973. By Alderman Schmidt: seconded by Alderman Nichols RESOLVER,. That the Mayor's appointment of Thomas Joseph as Fire Commissioner be approved. Carried Mayor Conley announced the appointment of Joy Daley 5 Hudson Place and Mary Berkelman 971 East State Street to the Environmental Commission. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, That the Mayor's appointments of Joy Daley and Mary Berkelman be approved. Carried' Mayor Conley appointed Alderman Wallace as an ex-officio member of the Environmental Commission. Mayor Conley commented that construction will start on the Cass Park Marina and he was reactivating the Inlet Valley Committee. The Mayor appointed the following: Voting Members Gregory Kasprzak, Chairman William Schmidt Planning Board Member (to be named later) Jaws Parkes Alderman Anne Jones Robert Cutia Alderman Nancy Meyer Robert Dingman Alderman Peter Wallace, Alternate H. Matthys Van Cort By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That appointments of Alderman Jones, Alderman Meyer and Alderman Wallace alternate as voting members be approved. Carried Mayor Conley remarked that a few weeks ago the high school held an election of a Mayor and six Councilmen and they came in and held a meeting at City Hall. Mayor Conley introduced Steve Rivkin who served as Mayor and read a report to Council regarding the different issues covered by his Council that day. Some of the issues were, Station Restaurant preservation, New Route 96 through Cass Park, Full-time City Attorney, State Street Mall Project, Restore the position of City Forester, man power personnel co-ordinator, and a report on the Public Works Department. CITY CLERK'S REPORT: The City Clerk read several lettem to council as follows: 1. A letter from Ithaca Civil Service Commission requesting an addition of $200.00 to #433 - travel expense to the commission's budget for 1973. By Alderman Jones: seconded by Alderman Boronkay 'RESOLVED, That this request be referred to Budget and Administration Committee. Carried 2. A letter from the Planning Director requesting the permanent appointment of Rosalind Williams as Junior Planner. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this request be referred to Budget and Administration Committee. Carried -5- June 6, 1973 3. A letter from C.S.E.A. - City Unit Grievance Coamtittee_regarding a grievance on behalf of Hilda Hutson of the Planning Department. By Alderman Jones: seconded by Alderman Henderson RESOLVED, That this request be referred to Budget and Administration Committee. Carried 4. A letter from the Board of Commissioners of the Ithaca Housing Authority appointing Samuel Deeb Executive Director of the Ithaca Housing Authority. 5. A memorandum from City Engineer Howard Schlieder informing Council that the portion of Lake Street under license to the Ithaca Gun is owned by the City of Ithaca. 6. City Clerk Rundle informed Council that City Engineer Schlieder was looking into the up-dating of the City maps and would have a report at the next Council meeting. 7. A letter from Attorney Weinstein on behalf of his client Dr. Reuben Weiner proposing a sale of a parcel of land owned by the City of Ithaca, which O was originally conveyed by Mr. Weiner to the City of Ithaca in 1966. W By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That this request be referred to the Planning Board and the Board of Public Works for their recommendation back to the Council. Carried 8. A petition to correct the assessment roll from Director of Assessment Thomas Payne was read which was covered later by a resolution by Budget and Administration Committee. Acting Mayor Schmidt introduced and welcomed former Second Ward Alderman Michael Robinson who was a visitor at the Council meeting. CITY ATTORNEY'S REPORT: FTEJ & SL R Sl VICE TO TOWN OF ITHACA: Attorney Gersh commented that the Board 4f-Public Works has a request from a Mr. Carey from Coddington'Road and Beacon Hills project to extend Water and Sewer service outside the water district. He said he would like the Common Council to express their feelings to the Board that Council does or does not approve in principle extension of water throughout the Town of Ithaca. Attorney Gersh said this is a crisis situation for the people wanting water. By Alderman Nichols: seconded by Alderman Boronkay 4SOLVED, That this matter be referred to the Common Council Board of Public Works Committee for study and report back to Council at the next meeting. Carried LAWSUIT AGAINST CITY BY TOWNLEY: Attorney Gersh reported that a lawsuit had been filed against the City by Mr. Townley of the University Delicatessen arising out of the College Town disturbances of last May. He has succeeded in having the City's insurance company hire counsel to handle the City's interest, and Mr. Gersh is also working on the lawsuit. NEW ZONING ORDINANCE AMENDMENTS: Attorney Gersh reported that the new Zoning Ordinance amendments passed by Common Council May 23, 1973, covering parking and rszoning are now if effect, having been published in the newspaper. MINI POOL: Mr. Gersh reported that the mini pool is now in the hands of the school district. The school district's attorney is working on this matter. S�T. JAMARUSTY GRIEVANCE: Attorney Gersh said Council asked him to look into a grievance presented by Sgt. Jamarusty. Mr. Gersh said that he has investigated this claim and recommends that Sgt. Jamarusty's claim should be paid for improperly withheld wages. He said that it is his understanding that the Police Commissioners also recommended that W. Jamarusty be paid for improperly withheld wages. ff 1 -6- June 6, 1973 LAWSUIT - NOLE BROS: Mr. Gersh reported that a lawsuit has been filed against the City by Nole Bros. of Utica, New York. Nole Bros, was a sub-contractor for Streeter Associates on the Cass Park Rink. He said that a payment of '$13,000 was involved. The City is not liable Attorney Gersh said. SENECA STREET GARAGE: Attorney Gersh said that he has been advised by Stewart and Bennett that they have a slight encroachment of some footing about ter( &4t underground. Architect Mr. Bagnardi speaking for Stewart and Bennett said that on May 30, 1973, they discovered that on their center 14' line footing was en- croaching on the City of Ithaca's property line about five inches on each side. Mr. Bagnardi said he came to Council to ask for an encroachment license. By Alderman Boothroyd: seconded by Alderman Jones RESOLVED, That the Common Council authorize the Mayor to sign a permanent encroachment license permitting the encroachments as shown on the survey map prepared by Thomas G. Miller dated January 18, 1973, survey and topographical map of south portion of Block 193 bounded by East Seneca Street, North Aurora Street and North Tioga Street. Carried CONTROLLER'S REPORT: Controller Daley presented the Annual Report. He said in the future he planned to issue this report in March. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the Annual Report for 1972 be received. Carried Alderman Wallace asked the City Clerk when the Annual Reports of the Fire Department 'nd Department of Public Works was due. The City Clerk said he would look into the matter. BELL STATION RESOLUTION: By Alderman Schmidt: seconded by Alderman Nichols WHEREAS, this Common Council recognizes that there is a critical need to increase the amount of energy that will be available in the future, and WHEREAS, the New York State Electric and Gas Company will be making a decision in the near future whether to proceed with plans on construction of a new atomic energy power generating facility on Cayuga Lake in the Town of Lansing, and WHEREAS, both the potential beneficial and detrimental factors associated with the proposed station would affect the citizens of Ithaca directly, and WHEREAS, there is considerable disagreement among the technical experts on the extent of knowledge on the operability and reliability of the emergency core cooling system, the key safety feature in nuclear fission reactors, and WHEREAS, there is considerable disagreement among the technical experts on the change in biological processes within Cayuga Lake resulting from the discharge of the waste heat from the reactor into the Lake, and WHEREAS, there appears to be difference of opinion among the technical experts on the extent of radioactive contamination of Cayuga Lake occurring during the normal operation of the reactor, and WHEREAS, the construction of the reactor could result in a possible detriment to the economy in the area by reducing the number of tourists; NOW THEREFORE BE IT RESOLVED, that this Common Council of the City of Ithaca oppose the construction of this proposed atomic energy facility on Cayuga Lake until the safety of these atomic energy plants can be assured beyond all reasonable doubt, and FURTHER BE IT RESOLVED, that this Council encourage the Atomic Energy Commission to study and develop better methods to operate atomic energy reactors in order to eliminate the potential hazards of their use, and FURTHER BE IT RESOLVED, that New York State Electric and Gas Company and other energy generating companies look to other energy sources, in addition to nuclear fission, as potential energy sources. Alderman Schmidt commented that this came out of Executive Comiittee with a 4 to 1 vote in favor of this resolution. The reason for bringing this before Council is that the New York State Electric and Gas Company will be making a decision around the middle of June whether to consider to proceed with the construction of the Bell Station. If this project is going to have an effect on Ithaca either detrimental or positive beneficial effect, the Council has some obligation to take a stand. The Committee has no opposition to nuclear stations as such, the major concern is the question of reliability of the nuclear stations, at this time in terms of possible contamination and reactor failures. .T G -7- June 6, 1973 A discussion took place on the Council floor with several Aldermen speaking for support of the resolution and others speaking against the resolution. Several points were made, lack of information available, not willing to take the risk, do not know if it is safe, experts have studied this and their opinions differ, and the possibility of creating energy other than atomic energy. A roll call vote was taken on the resolution as follows: AYES: 8 - Slattery, Henderson, Stein, Jones, Nichols, Meyer, Schmidt, Gutenberger NAYS: 5 - Wallace, Barber, Boronkay, Spano, Boothroyd ABSTAINED: 1 - Saccucci CHARTER & ORDINANCE: PROVISIONS FOR POLICE CHIEF: Alderman Stein gave a progress report that was still in committee. ZONING AND HOUSING CODE: Alderman Stein reported that Zoning Ordinance is almost completed, and has been retyped in part, and has been passed out to Council. The remainder-will be available this month. He said that he also hoped to have the new Zoning Map and new zoning chart regulations ready this month. Alderman Stein said he hoped to present the complete package to Council by the September meeting. ?: The Housing Code has been revised by Municipal Consultants and they would like to . ' meet with Council. CITY COURT JUDGES: Alderman Stein ave a g progress report and said this item will be taken up at a later date. PROPOSED AMENDMENTS TO SUB-DIVISION REGULATIONS: By Alderman Stein: seconded by Alderman Barber RESOLVED, That this item be removed from the agenda. Carried PUBLIC WORKS COMMITTEE: By Alderman Spano: seconded by Alderman Barber RESOLVED, That $500.00 be transferred from General Fund Contingent Account A1990 to Cass Park Pool Rink Account A718OB-B315 to provide funds for purchase of treatment supplies not included at final budget time. Alderman Slattery commented that this item came before the Budget Committee and they recommended Mr. Dingman should find it within his budget. Mr. Dingman reported that it would be impossible to determine what account he could transfer this fro:, without time to study his budget. Alderman Schmidt offered an amendment to the resolution changing the amount from $1,600.00 to $500.00. The amendment was accepted by Alderman Spano and Alderman Barber. Carried PUBLIC SAFETY COMMITTEE: POLICE COMMISSIONERS DUTIES AND RESPONSIBILITIES: Alderman Gutenberger reported that he hoped to have a report from the Police Commissioners in the near future. CLOSED CIRCUIT TELEVISION: Alderman Gutenberger commented that this item has been submitted yearly and rejected. He said this request has been prompted by a serious suicide attempt recently. Mr. Gutenberger read a letter from Chief Herson asking the Council support this request. By Alderman Gutenberger; seconded by-Alderman Henderson RESOLVED, That $7,000 be transferred from Account A3120-101 payroll account to A3120-250 other equipment for the purchase of closed circuit television equipment for use in the cell block area in the Hall of Justice. Specifications for letting of bids to be drafted and submitted immediately for report at the next Council meeting in June. Carried Jae 64 1973 HUMANS SERVICES: PLAYGROUND DEVELOPMENT: Alderman Nichols reported that the swimming pool will be, open on June 11, 1973. Conway Park final drawings have been brought in for bid; they expect to receive the bids by June 25, 1973. South Hill Playground, the bids are to be returned by June 25, 1973. The mini pool will be ready ,about July 2, 1973. McDaniels Park and DeWitt Park, work is progressing satisfactorily. YOUTH SUMMER EMPLOYMENT: Alderman Nichols gave a progress report. ITHACA HOUSING AUTHORITY: Alderman Nichols reported that the Ithaca Housing Authority has appointed a new executive director. PLANNING & DEVELOPMENT COMMITTEE: CITY REVIEW OF CONTRACTS FOR THE ROTHSCHILD - CALDWELL PROJECT: Alderman Jones referred to a memorandum to Common Council from Margaret Keane of the Urban Development Corporation. Alderman Jones said that copies of the final draft are ready for review by the City. Meetings will be held in the near future to review these drafts. Mayor Conley commented that he planned to have meetings with the City Attorney present to explain them section by section. After they have been explained to Council they will be available to the public in the clerk's office. Attorney Gersh commented that he feels that it is very important that Council and the citizens of the community have a chance to review these documents even though there may be some things that have to be changed. Mr. Gersh said several problems have come up that have to be worked out. {' RESOLUTION TO REVISE URBAN RENEWAL PLAN: By Alderman Jones: seconded by Alderman Stein 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 30th day of May, 1973 duly approved by resolution (#211), a copy of which is attached hereto and made a part hereof, the proposed changes to the Urban Renewal Plan for the Center-Ithaca Urban Renewal Project N.Y.R.-112 and; WHEREAS, This Council has given careful consideration and reflection to the requested changes in said Urban Renewal Plan and deems said changes to be appropriate, necessary, 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 paragraph a-2) "Public Parking - parking lot or structure, except that air space above may be used for commercial use as defined above." and substituting for a-2) Public Parking - parking lot or a structure ei&erfree standing or in combination with commercial use. 2. That this" Resolution take effect fourteen (14) days from this date. - 1" �, AJ-V. - - Iseph A. Rundle, City Clerk Edward J. Conley, Mayor ATTEST: 96 & 13 CORRIDOR RESOLUTION: By Alderman Jones: seconded by Alderman Schmidt ^- WHEREAS, the State Department of Transportation feels that separation of route designations for 96 and 13 might have the effect of delaying construction of Route NOW BE IT RESOLVED, that Common Council reconsider the route designation of Routes 96 and 13 with a single corridor Carried 6 -9- June 6, 1973 REMOVAL OF 014-STREET PARKING ON GREEN STREET: Resolution laid on table May 23, 1973. Loved by Alderman Jones: seconded by Alderman Boronkay that item be removed from the table. 4 w Carried RESOLUTION TO REMOVE 9PP-ST ET PARKING ON GREEN STREET: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the Board of Public Works following the signing of the Caldwell- Rothschild agreements, and the start of said project remove on-street parking from the North side of East Green between South Tioga and the Tuning Fork. Carried C.Y.O. PROPERTY RESOLUTION: By Alderman Jones: seconded by Alderman Nichols Resolution to refer matter of purchase of C.Y.O. property as recreation space exchange in relation to highway needs from existing recreation lands to Budget and Administration and the Youth Advisory Board. Carried Capital Projects status reports for capital projects as of May 31, 1973, were laid O on each Alderman's desk. -r CAPITAL PROJECTS RESOLUTION: By Alderman Spano: seconded by Alderman Meyer W RESOLVED, That the Board of Public Works ask Mr. Dingman to prepare an analysis of uncompleted capital projects report every three months, starting September 1973. STATE STREET MALL: No report. Carried CLINTON HOUSE PARKING STUDY RESOLUTION: By Alderman Jones: seconded by Alderman Barber RESOLVED, That the Clinton House parking study done by the Planning Department be referred to the Board of Public Works for evaluation and recommendation as soon as possible. Carried Mayor Conley reported that four copies of the parking study have been received. Mayor Conley said he received two copies, Mr. Dingman received one copy and the Planning Department received one copy. Mayor Conley said he planned to meet with Alderman Jones and the other departments involved before presenting the study to the Council. EXECUTIVE COMMITTEE: REPORT OF C=1ITTEE MEETINGS: Alderman_ Schmidt reported that the Executive Committee had discussed the taking of minutes of the various standing committee's meetings and reporting the minutes. He said his committee was taking no action at this time. Every Councilman should attend committee meetings. Resolutions from committees are presented to Council. Alderman Schmidt said if an issue is controversial, the Chairman of the committee should inform Council the results of the voting. By Alderman Schmidt: seconded by Alderman Jones R4SOLVED, That the report of committee meetings be removed from the agenda. Carried ALDERMAN'S AND MAYOR'S SALARIES: No Report. i MENDA RESOLUTION: By Alderman Schmidt: seconded by Alderman Jones WgEREAS, This Common Council by its resolution dated February 1, 1956, stated t4at no legislation may be brought up for a vote at a regular meeting of the Common Council without unanimous vote of the members unless it has first appeared o4 the agenda; and that this resolution shall become effective at the next regular meeting of the Common Council; NOW THEREFORE BE IT RESOLVED, That this Common Council delete that portion of the February 1, 1956, resolution stated above and the First Amendment to the above resolution passed by this Common Council on October 21, 1964, and FURTHER, this Common Council can add and/or delete items from the agenda at the beginning of each Council meeting by two thirds of the voting power of the Council. -10- June 6, 1973 Attorney Gersh commented that this resolution would also require a code change Section 2-3. RESOLUTION AMENDMENT: By Alderman Wallace: seconded by Alderman Boronkay RESOLVED, That the resolution be amended to read three forths instead of two thirds of the voting power of Council. A discussion took place on the Council floor with several Alderman expressing their opinions. A tabling motion was introduced but not voted on. Alderman Stein said that he favored sending it to - committee. By Alderman Boronkay: seconded by Alderman Saccucci RESOLVED, That this item be referred to the Charter and Ordinance Committee. Carried BUDGET AND ADMINSTRATION: TAX ROLL CORRECTIO14: PROPERTY LOCATION OWUED BY LAND BLDG EXEMPTION NET TAXABLE 400-06 Hook P1. Vivian W. Solomon 3,000 3,000 Incorrect 5,000 5,000 Correct_ 207 E. Tompkins St. Charles J. & Grace Chatfield 500 500 Incorrect -0- -0- Correct 518 Spencer Rd. Donald D. & Joyce Gofonia 1,100 13,150 14,250 Incorrect -0- -0- -0- Correct 144-22 Hector St. James Knapp 2,300 2,300 Incorrect -0- -0- Correct By Alderman Slattery: seconded by Alderman Schmidt » RESOLVED, That an Exemption of $3,000 against Tax Map Parcel 56-6-7 at 400-06 Hook Place granted to Vivian W. Solomon be increasEd to $5,000 as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Jones RESOLVED, That a duplicate assessment of $500 against Tax Map Parcel 34-5-2 at 207 E. Tompkins St. charged to Charles J. & Grace M. Chatfield be expunged as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That a duplicate assessment of $14,250 against Tax Map Parcel 122-2-14B at 518 Spencer Road charged to Donald D. & Joyce Gofonia be expunged as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Jones RESOLVED, That a duplicate assessment of $2,300 against Tax Map Parcel 20-2-3 at 1014-22 Hector St. charged to James Knapp be expunged as recommended by the Director of Assessments. Carried By Alderman Slattery: seconded by Alderman Schmidt WHEREAS, petitions have been filed by Thomas G. Payne, Tompkins- County Director of Assessments, requesting that erroneous assessments appearing on the 1973 Tax Roll be corrected in accordance with the foregoing schedule. NOW THEREFORE BE IT RESOLVED, That the 1973 Tax Roll, approved by this Council on May 2, 1973, and corrected on May 23, 1973, be and it hereby is further corrected tq reflect these corrections and which will produce final valuations as follows: PRESENT TAX ROLL CORRECTED TAX ROLL $ 28,412,440 Valuation of Land $ 28,408,540 164,765,543 Valuation of Buildings 164,752393 $193,177,983 Total Valuation; of Real Property $193,160,933 95,870,810 Less: Value of gxempt Property 95,872,810 $ 97,307,173 $ 97,288,123 4,172,849 Valuation of Special Franchises 4,172,849 $101,480,022 Net Valuation of Taxable Property $101,460,972 June 6, 1973 AND BE IT FURT"R RESOLVED, That the final 1973 Tax Roll as thus corrected be approved and 40hfirmed in all respects; and that the City Chamberlain be authorized and directed to refund shy excess taxes paid by the foregoing property owners levied against them as a result of said erroneous assessments. Carried VOLUNTEER ACTION CENTER REQUEST: No report NEGOTIATIONS WITH A LAW FIRM: The Budget and Administration Committee makes the following recommendaiion in the form of a resolution: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the City of Ithaca continue under the present system for legal assistance. That additional legal assistance be provided at the request of department heads with concurrence of the City Attorney and that the selection of outside assistance be approved by the City Attorney. BE IT FURTHER RESOLVED, That adequate funds be provided in the City Attorney's budget for these additional fees. and I so move. Carried WARNER, BURNS, TOAN & LUNDE INVOICE: By Alderman Slattery: seconded by Uv Alderman Jones RESOLVED, That the Warner, Burns, Toan and Lunde invoice in the amount $1,757.07 r.:. be approved for payment. and I so move. Carried ITHACA SCHOOL REQUEST: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That this Common Council authorize the donation of a Burroughs Sensimatic Bookkeeping Machine to the Ithaca School. System, and BE`IT FURTHER RESOLVED, That a Burroughs Sensimatic Bookkeeping Machine be removed from the list of surplus equipment which the City Clerk has been authorized to sell. This machine to be moved with school district personnel at their expense. and I so move. Carried CHAMBER OF COMMERCE: �By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an Agreement with the Chamber of Commerce to provide tourist promotional and in- formational services, in an amount not to exceed $2,000. and I so move. Carried ACCOUNTS RECEIVABLES ,EXPUNGED: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That Accounts Receivables in the total amount of $5,356.49 be and hereby expunged in accordance with the following schedule as recommended by the City Controller: Bill No. Date Name Amount 117 7/26/65 Messier Transport Co. $ 96.69 123 8/16/65 Edward Armstrong 438.09 148 12/29/65 Dave Sheffield 11.51 182 4/04166 David A. Rowe 61.03 210 7/15/66 Ansar Husan 10.63 220 8/30/66 Lee Johnson 13.04 221 9/01/66 Jay M. Snyder 1,199.23 266 3/21/67 Ezekial Sanders 29.60 284 ,6,/09/67 James Ciaschi 213.40 318 2fift/67 Wesley MacNaughton 99.95 332 i�30/68 Thomas D. Madison 229.17 333 1/AA8 Csiko E. Sawyer 49.70 337 2/14166 Larry R.' Allen 15.35 341 2/14jO Jay M. Snyder 488.50 72 -12- Tune 6, 1973 Bill No. Date Name Amount 372 7/24/68 Caroline Hallock $ 78.79 430 5/01/69 Mathis Jackson 40.80 440 7/14/69 Allen Reffler 14.55 459 9/26/69 Delhi Mfg. Co. 42.90 462 9/26/69 Onondagua Beverage 999.09 469 11/14/69 Robert Stroman 15.09 470 11/14/69 Douglas M. Shutts 7.55 472 11/14/69 Bernard VanOrman 26.91 478 11/14/69 Natam Systems, Inc. 123.29 , 531 11/24/70 Harry Jobe 237.92 540 12/02/70 Randall L. Murphy 45.20 549 2/08/71 Ithaca Agway Coop, Inc. 485.02 569 4/02/71 Ross Putnam 155.10 573 4/20/71 Ronald E. Boynton 29.59 589 6/16/71 William D. Sweet 59.52 596 8/02/71 Donna L. Turner 15.50 600 8/25/71 Susette I. Keller 17.78 623 12/02/71 Frank Luguori 6.00 Total $5,356.49 Carried CITY CHAMBERLIAN PETTY CASH FUND: By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That the City Chamberlain Petty Cash Fund be increased $500.00 from $1,500.00 to $2,000.00 as recommended by the City Controller. Carried ;TRANSFER OF FUNDS REQUESTED BY BOARD OF PUBLIC WORKS: `Zy=. derman Slattery: seconded by Alderman Barber 'MIOLMED, That the amount of $200.00 be transferred FMM: Sewer Fund Contingent Account G1990 TO: Cherry St. Pump Station Account G8120-6-312 . PURPOSE: To provide sufficient funds for repairs to Worthington Pump. Carried By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That the amount of $200.00 be transferred FROM: Water Fund Contingent Account F1900 TO: Transfer to Capital Fund Account F9550 PURPOSE: To provide funds to cover overrun in the Pier Road Capital Project. Carried By Alderman Slattery: seconded by Alderman Nichols RESOLVED, That the amount of $100.00 be transferred FROM: Sewer Fund Contingent Account G1990 TO: Transfer to Capital Fund Account G9550 PURPOSE: To provide funds to cover overrun in the Pier Road Capital Project. Carried By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the amount of $1,600.00 be transferred FROM: General Fund Contingent Account A1990 TO: Off Street Parking Account A5650-312 PURPOSE*: To provide funds to repair Ticket Spitter located in the Woolworth parking lot damaged by vehicle. Carried By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That the amount of $800.00 be transferred FROM: Beach & Pools Account A7180-A-314 TO: Beach & Pools Account A7180-A-315 PURPOSE: To correct line item. Treatment Supplies incorrectly shown as Construction Materials & Supplies in final budget. Carried RESOLVED, That the transfer of funds requested by the Board of Public Works be approved. 7 ` -13- June 6, 1973 TRANSFER OF FUNDS REQUESTED BY FIRE DEPARTMENT: By Alderman Slattery: seconded by erman Jones RESOLVED, That the amount of $25.00 be transferred FROM: Fire Department Account A3410-312 TO: Fire Department Account A3410-220 PURPOSE: To provide additional funds for purchase of typewriter under-estimated at time of budget requests. RESOLVED, That the transfer of funds requested by the Fire Department be approved. Carried TRANSFER OF FUNDS REQUESTED BY FINANCE DEPARTMENT: By Alderman Slattery: seconded by Alderman Spsno RESOLVED, That the amount of $750.00 be transferred FROM: Finance Department Account A1315-101 TO: Finance Department Account A1315-422 PURPOSE: To provide funds for consulting services of Cornell University student during the summer. RESOLVED, That the transfer of funds requested by the Finance Department be approved, ?a Carried W AMEND WATER & SEWER FUND AUTHORIZED EQUIPMENT PURCHASES: By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That the Water and Sewer authorized equipment list be amended to include the purchase of 2 Power Mowers overlooked at budget request time as requested by the Board of Public Works. Carried Alderman Slattery commented that it was his understanding that these were purchased on a pick up order and they amounted to $125.00 a piece. He said it seems unusual that an item of this magnitude would be purchased in this manner. Alderman Slattery said as Chairman of the Budget and Administration Committee, he would like to register A strong protest to the Board of Public Works that this procedure should not reoccur. AMEND 1973 BUDGET: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the 1973 Budget approved May 2, 1973, and amended May 23, 1973, be further amended as follows: Increase Current Appropriations Account A1989 Piiscellaneous $ 1,250.00 Account A711OB-250 Stewart Park 163.00 Account 9015 Police & Fire Retirement 31,150.00 Account A9550 Transfer to Capital Fund 11,500.00 Total $44,063.04 Increase Current Revenues Account A2705 Gifts & Donations $ 163.00 Total S 163.00 AND BE IT FURTHER RESOLVED, That the balance required of $43,900.00 to equal the increased current appropriations be appropriated from Unappropriated Fund Balance. Carried AUDIT: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the bills audited and approved by Budget and Administration Committee in the total amount of $38,264.17 as listed on audit abstract #6-1973, be approved for payment. Carried CODE CHAPTER 2 SEC. 2_DATES, TIME OF COUNCIL MEETINGS: By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That this matter be referred to Charter op Ordnance Committee for study. Carried -14- June G, 1973 Mayor Conley reported that the next regular CoLmcil meeting falls on Wednesday, July 4, 1973. He said that he wished the Council to express their feelings on what night they wish to meet. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That regular meeting of Common Council for the month of July be held Monday July 2, 1973. Carried Alderman Jones inquired about the parking lot at the intersection of Spencer and Clinton Street. City employees park during the day, and she asked why the people in the neighborhood could not park .in the lot during the evening. +Irs. Jones said that she thought the lot should be landscaped: . Alderman Jones said she thought th people in the neighborhood should have first rights during the daytime to the parkin-e lot. Mayor Conley said he would ask Alderman Spano to check with Mr. Dingman and report back. Mayor Conley commented that the Budget and Administration turned down a request to purchase an automobile for use by the Finance Department, or people traveling on behalf of the City. The Police Department is selling some of their surplus cars, and some of these cars are in good shape. Mayor Conley said he would like to see the appropriate committee of Council look into the possibility of trans- ferring one of the cars for City Hall use. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That matter be referred to Budget and Administration Committee, and City Clerk Rundle be instructed to request Chief Herson not to auction the surplus police cars until one has been selected for City Hall use. Carried Meeting adjourned at 12:07 a.m. Joseph At bundle, City Clerk Edward J. Conley, Mayor 75 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 P.M. June 14, 1973 PRESENT: Mayor-Conley Aldermen: (10) Barber, Boothroyd, Boronkay, Jones, Meyer, Nichols, Saccucci, Slattery, Stein, and Wallace. ABSENT: Aldermen: (4) Gutenberger, Henderson, Schmidt, and Spano OTHERS PRESENT: Attorney Gersh City Clerk - Rundle Director of Planning - Van Cort Urban renewal Administrator - Brown Urban Development Corp. - M. Keane :Mayor Conley commented that in view of the fact that it was Flag Day, he thought it would be appropriate to Pledge Allegiance to the Flag. All pre- sent stood and were led by Mayor Conley in a Pledge Allegiance to the Flag. Alderman Stein reported that Municipal Consultants from Geneva, N.Y. .would like to arrange a work session with the entire Council to review what they have done to date. By Alderman Stein seconded by Alderman Boronkay resolved that Common Council meet with Municipal Consultants Thursday June 28, 1973 at 7:30 P.M.. Carried Mayor Conley displayeda Peace Flag that was presented to the City of Ithaca by Holiday Inn International. The Flag was received on behalf of the City of Ithaca, by Alderman Gutenberger, Ithaca is the first City, other than Holiday Inn International's homeoffice to have this honor bestowed upon them. COMMUNICATIONS FROM CITY CLERK: Clerk Rundle read a memorandum from Planning Director Thys Van Cork as follows: TO: Mayor Conley and Members of the Common Council FRO14. Thys Van Cort, Planning Director SUB: Permanent Appointment of Rosalind Williams DATE: June 8, 1973 This is to notify you that we have been able to correct the mis- understanding concerning Rosalind Williams' appointment and salary. Since Mrs. Williams has passed her Junior Planner's examination and is therefore qualified for permanent appointment, we are asking she be appointed at her present salary ($7,581). It seems that her appointment was referred to the Finance Committee because of a question of salary which has now been clarified. Your action on this matter would be greatly appreciated. RESOLUTION APPOINTMENT OF ROSALIND IILLIAMS: By Alderman Jones seconded by Alderman Nichols RESOLVED, that llrs. Rosalind Williams be appointed permanently to the position of Junior Planner in the City Planning Department at an annual salary of $7,581.00, that her appointment shall become effective June 1, 1973 and that it shall be subject to the usual probational period. After a brief discussion regarding the effective date of the appointment, the following amendment was presented: By Alderman Saccucci seconded by Alderman Stein resolved that the effective date of Mrs. Williams' appointment be changed from May 21, 1973 to June 1, 1973. Voting on the main motion amended resulted as follows: AYES: (10) NAYES: (0) Carried ,a4 -2- June. -14, 1973 PLANNING AND DEVELOPMENT COM11KITTEE: Resolution Hall Architect: r PLANNING AND DEVELOPMENT RESOLUTION: By Alderman Jones secondedby Alderman Boronkay WHEREAS, this Common Council has received from the Downtown State St. Mall Committee a recommend- ation that the firm of Anton Egner Associates be named as the Architectural Consultants for the State St. Pedestrian Mall. Now therefore be it resolved, that the Mayor and City Clerk be authorized to sign a contract with the firm of Anton Egner Associates for the design of the State St. Pedestrian hall at a cost not to exceed $24,000. Alderman Saccucci voiced his disapproval of the word substantial in the Escape Clause. He said it was very difficult to interept the contract with this word in it. A discussion took place on the Council floor regarding, the contract. The following amendment was proposed: By Alderman Saccucci seconded by Alderman Stein resolved that Article 14 amended to read as follows: Article 14: Amendment to Article 8 - Termination of agreement - not withstanding the provisions of Article 8 and in addition to Article 8 add new paragraph: ( re: contract) Carried Voting on the Main motion as amended resulted as follows: AYES: (10) NAYES: (0) Carried BUDGET AND ADMINISTRATION COMMITTEE: MALL ARCHITECT RESOLUTION: By Alderman Slattery seconded by Alderman Jones WHEREAS, the starting date of June 15, 1973 and the completion date of September 30, 1973 in additon to the proposed working arrangements with the firm of Anton Egner Associates are in compliance with the Planning Director's goals for this project. Now therefore be it resolved, that the Budget and Administration Committee recommends the release of $24,000 for the design of the State St. Pedestrian Mall. Carried Mayor Conley appointed the Federal Revenue priorities committee as follows: Aldermen Slattery, Bootrroyd, 1-4eyer, Wallace, Barber and Boronkay. By Alderman Barber seconded by Alderman Stein resolved that the Common Council approves the appointment of the Mayor to the Federal Revenue Priorities Committee. Carried The official meeting was adjourned at 8:25 P.!!. and Council went into a work- int session reviewing Legal Documents fromUDC-Caldwell-Rothchild Development. J(�*p"h A. Rundle, City Clerk Edward J. onl y, relay 77 C%TNI'ON COUNCIL PROCEEDINGS CIT`_' OF ITHACA, N.Y. Special Meeting 7:30 P.M. June 27, 1973 PRESENT: i 1ayor- Conley Alderman (14) Boronkay, Boothroyd, Barber, Henderson, Jones, Gutenberger, Schmidt, Slattery, Spano, S4ccucci, Nichols, Meyer, Stein. OTHERS PRESENT: Attorney - Gersh Urban Development Corp• - M. Keane Controller - Daley City Clerk - Rundle Bldg. Commissioner - Jones Asst. Chief - Sharn Planning Director - Van Cort RTS 1 & 96 Planning Director, Hatthys Van Cort reviewed the highlights of the Draft Envir- olmental Lmpact Statement for relocation of Rts. 13 & 96 in and adjacent to the City of Ithaca as follows: Ar. Van Cort said what ycu are acting on are two important things, the most important is the short resolution which concerns the Route designation. What that does, is approve the Route described in the project location report. This C� ins required by law that the City Act on and improve the Route. The resolution describes the Route that is shown on the map. Mr. Van Cort said the longer document is a response to the Draft Environmental Impact Statement. (See copy attached), This statement discusses some of the environmental factors that W have be<en 'left out that should be emphasized more than they were in Draft Environmental Impact Statement, such as urban design considerations that the City would like to have considered in the planning of the highway, and the Inlet Island which is important to the City. The second section discusses the loca- tion report. This location was agreed upon at a meeting ITay 14, 1973 with the Mayor, several Alderman, Mr. Dingman,and Asir. Liguori, County Planning Commissioner. The only difference between the map and what was agreed upon is the the map does not include Aleadow Street. Mr. Van Cort said the important part of the Route designation report is that we are getting action, we are choosing one Route on 96, and we are going ahead with it. He said on Rt. 13, what they wanted was to give the City--a. bit more.chance to look at the alternatives. The State was asked if there was some way to let the project go without choosing a particular corridor. The way this was accomplished, was to choose a wide corridor, that left a number of different design alternatives. In the design phase we will choose on a particular corridor as the highway goes through the City. ALDERMAN MEYER SAID SHE WOULD LIKE TO MAKE THREE COMMENTS: 1. The study takes into serious consideration two things, educational and residential natureof the Community, trying to make sure these two items are taken care of in,the study. 2. The study indicates an abundance of alternatives as far as industry and business. Mrs. Meyer called to the Councils' attention that since this study, a large parcel of land has been rezoned from industry to Mobile Home usage. 3. The study is looking sensitively to the island tract of land. Alderman Meyer commended the Planning Board for doing a fine job on their state- ment, especially keeping the City's interest in mind. Alderman Spano commented that he noticed the road going toward the Inlet and the lake, idr. Spano asked if any consideration had been given to putting a Bridge acrossthe Inlet. Mayor Conley commented that a bridge was included in the Route 96 plans. 11r. Van Cort commented that the reason for this respoate is that these comments should be incorporated into the final Environmental Impact Statement, and that is why we are going through this process. Mr. Van Cort mid they have worked very fib -2- June 27, 1973 closely ?-r;_th the County and Town in getting a unified approach to this problem. Alderman Saccucci asked if this Route affects the Station Restaurant location. Mayor Conley commented that the. Route will be about a City block from the Station Restaurant. The following resolution was presented to Council: RESOLUTION OF THE CONDION COUNCIL OF THE CITY OF ITHACA APPROVING GENERAL CORRIDOR LOCATION FOR RELOCATION OF ROUTES 13 AND 96 IN THE CITY OF ITHACA BY alderman Jones seconded by Alderman Barber, WHEREAS, the City of Ithaca has received a project location report and Draft Environmental Impact/4(f) Statement generally describing the proposed location for the relocated Route 13 corridor in and south of the City of Ithaca; and for the relocated Route 96 corridor in and generally northwest of Ithaca, and WHEREA$,the Common Council of the City of Ithaca has reviewed these reports; now therefore, be it RESOLVED, that this Common Council concur with and approve the General Project Location as indicated on Map 3, pg. 68 of the report titled "Project Location report-Conclusions and Recommendations for the Improvement of Routes 13 and 96 from Newfield Hill to Ithaca to Trumansburg," said location for Route 13 being; the expanded Alternative C (Alternatives A and C and the area between) beginning ,just South of the intersection of Route 13 and 96 and 34, and proceeding; in a north- westerly direction West of Cayuga Inlet and the Lehigh Valley Rairoad to the vicin- ity of the proposed Southwest City park, from which point the recommended corridor location continues in a northerly direction, flaring out to cover the land bounded generally by Fulton Street and the Flood Channel, terminating at a connection with existing Route 13 in the vicinity of Dey Street; said location for Route 96 being the Alternative 2a (modified) and beginning near the intersection of Fulton and Court Streets in the City of Ithaca and running northerly crossing Cayuga Inlet and the Flood Control Channel, then climbing the hill between Cliff Street and the abandoned L.V.R.R. bed to a point just north of Tompkins County Hospital From this point, this alternative would turn westerly, climb the hill and join existing Route 96 approximately one-half mile northwest of the Dubois Road - Route 96 intersection. The City of Ithaca finds this plan to be in agreement with City transportation objectives,aand recommends that the New York State Department of Transportation proceed with the design phase of the project. Carried Alderman Stein presented to Council for their consideration a change in the legis- lation pertaining to the Taxi-cab fares, within the City of Ithaca. Essentially it is an amendment only to the zones and not to anything else in the Ordinance. The Taxi-cab owners approached the Council at the end of 1972, with a request that consideration be given to some changes of zoning within the City. This was done for two purposes: 1. Due to increase in cost of running their cabs. 2. The way the zones run in a North-South direction, there are some inequities that have arisen due to the fact that a larger number of rides are being taken in a North South direction. This is a minumum fare of seventy-five cents, and a person could get a cab at Cass Park and go to the Elmira Rd. , or get on at Morse Chain and go to Stewart Park, for a seventy- five cents fare. If they were going east to West the same distance and cross two zones, the fare would be one dollar and twenty-five cents. The Charter and Ordinance Committe considered this item in April 1973, but took no action until more information could be secured from the Taxi-cab owners. The Committee met with Taxi-cab owners and are presenting their proposal to Council. ''Mr. Stein said he was presenting the proposal for information only to lay on the table until the next meeting. 1,Ir. Stein said he was going to ask the City Attor- ney. for a ruling on what effect the price freeze has on the proposal, The pro- posal would change the present three zones to six zones. This wo4Id give the Taxi-cab owners about 13% increase in their' total gross income. The last time the cab companies have had an increase was April 1970. Mr. Stein said that during those three years they had at least a 13% increase in costs. Alderman Schmidt asked. if the Taxicab owners were satisfied with the proposal. Alderman Stein said his committee felt that the owners were satisfied. 7 -3- Jun,- 27. 3973 Attolc,�_J Cer _ ;:,omment1-3 that the r, ess should ma:.-- it very clear to the public, that the present law provides that any passenger on request to the driver is entitled to receive a form showing the rates and a map showing the zones. Every driver is required to keep a supply in his cab, and give to his customer upon request at no charge. Alderman Saccucci asked what problems would this create with our City Bus System. CODE AND ORDINANCE CHANGES Attorney Gersh remarked that Council should be made aware that their copies of the Code and Ordinance are not up to date. When the Council hired Municipal Consul- tants. Copies of the changes were not forwarded to Municipal Code Corp. , Tallahassee, F' -ida. Mr. Gersh suggested that the Council check with the City Clerk to make sure they have the latest changes. ROTHCHILD-CALDWELL OONTRACTS: A discussion took place on the Council floor with Attorney Gersh answering questions from the Councilmen regarding the Contracts. ��ieeting was adjourned at 8:47 F•.M. W Jo" ph . Rundle, City Clerk ndward J. Con y, tayp ATTACHED IS A COPY OF THE CITY RESPONSE TO DRAFT ENVIRONNENTAL INTACT STATEMENT FOR RELOCATION OF RTS. 13 & 96 IN AND ADJACENT TO THE CITY OF TTHACA so DRAFT CITY RESPONSE TO DRAFT-EMtTRONivU;NTAL IMPACT STATEIENT FOR ,RELOCATION OF,RTS. 13 & 96 IN AND ADJACB= TO THE CITY OF ITRACA Dear -1r. Powers: We appreciate the chance to review and comment on the Draft Environmental Impact Statement (DEIS) for Routes 13 & 96. Since it appears that the document contains the Corridor Location Recommendation by the Department of Transportation, in addition to the subject impact statement, we will take the opportunity to comment on both. ENVhRONMENTAL IPdPACT The statement seems to adequately address the questions of air, water and noise pollution, and indicates that proper care will be taken to avoid adverse affects. However, the information on which area descriptions and impact analyses must have been based seems somewhat dated (pp. 7-9, Map 3). For example, West Hill is developing vigorously, adding to the need for improved access, and development and land use along Elmira Road (Rt. 13) and at Cass Park are misre- presented by the map. Though parties involved in the project are aware of these matters, the interested citizen or official reviewer may not be. Data similar to that shown on the enclosed map from the City's General Plan should be avail- able from the Town for updating the final statement (graphic presentation should be legible) . Similarly, some important points in the Location Alternatives sec- tion are misrepresented: Alternate B doesn't go Northwest at any point, nor is it adjacent to the railroad in the city (p. 13). Though the modified Alternate C is discussed (p. 14); its differences from the original may not have been adequately publicized to inform interested parties. The possible interchange at Treman Park (p. 15) should be indicated on -lap 4. A major environmental impact which does not appear to have been adequately considered in the Statement (Chs. IV, V, X) is that of esthetics in terms of ur- ban design, This is more than simply the appearance of the highway itself, but involves how it complements the urban environment. Alternate C, as proposed by DoT, would tend to present a visual and psychological barrier at an important gateway to the city, no matter how its design could reduce the appearance of a physical barrier. Alternate C would introduce a discordant element into the pattern of present and future development. Alternate A, by contrast, would be less intensive and would tend to blend with and reinforce existing and future development, Alternate C would also affect the amenity of the new Flood Control Channel as a green space and as visual relief in an urban area, by restricting access to the East bank and by introducing a ribbon of concrete and traffic im- mediately adjacent to it, visible from many points in the city on West Hill. and South Hill, In this and other more or less specific respects, the disruptive effects on the natural and built environments may be unavoidable in toto, but sufficient attention by DoT's design staff, coordinated with local agencies and possibly with input from design-oriented consultants., should minimiza adverse impacts on existing natural and developed areas. One further area out of our jurisdiction but of concern to us is the extension of 96 North along West Hill: it is to be hoped that areas of cut and fill can be kept to a minimum, disturbing as little as possible the streams crossed avoiding the monumental effect of fill sumilar to that presented by Rt. 13 on the East side of the lake. The discussion of the impacts of alternatives (Ch. V) raises two main issues which the Statement does not cover in sufficient detail to give many interested parties basis for relevant response. The issue of esthetics is covered in the preceding paragraph. As for the. issue of impact on development, DoT is aware of tkae city's concern regarding support and enhancement of existing and potential 's development on the 'island' formed by the Flood Channel and old Inlet, in the conmWpial area East of the Inlet, and in the major city park West of the channel. ifore retail of what "Special consideration would be given for access to the Ithaca Recreation Center . . . (p. 57) and what other existing facilities might be affected (pp. 59 - 60•) would have been helpful for public information, though we realize these matters will be discussed in greater detail during the design stage. We wish to emphasize that from the city's viewpoint, as contrasted with Dot's overview, what happens in this area is seen as oftremendous importance, and the specifics of potential impacts of each Alternative are of immediate concern. Re'spgnse to Dot's proposals cannot help but be affected by considerations at this level, so the more closely potential effects can be identified, the more useful it will be and the more responsive can be the eventual solution. Loca4m. -2- LOCATION The consensus of city opinion favors Alternate 2a (modified) for Rte. 96, and some variant of Alternate A or C for Rte. 13. A11' alternatives for Rte. 96 ( save Alt. 1, on existing location) are the same within the city, and offer the overwhelming benefit of increased access between West Hill and the hospital, and the CBD and East and South Hills. The major concern here is that 96 take as little as possible from the BOR-funded parcels and other lands around its terminus in the city: the interchange with Rte. 89 should occur North or South of the western bulge of the former railroad loop, as has always been provided for in plans for the park. We agree thzt interchange between 13 and 96 should not be completely grade- separated and high-speed, and that it should occur somewhere between Cascadilla and Green Streets. There is some question as to whether a direct connection from 13 southbound to 96 northbound might not be desirable. Review of the investigation done on conjunction with the Ithaca Area Transportation Study currently being conducted by DoT Albany may reinforce the findings of the 1962 0&D Survey, but if significant differences are discovered, it may be advisable to revise the 0&D data and the conclusions drawn therefrom, and to rethink the interchange requirements, We agree that Alternatives B and D do not appear desirable for the city, due to the way they traverse developable land. With all alternatives, however the arguments for elimination are not convincing due to a certain telescoping and lack of data to compare with the decision criteria stated or apparent in Ch. IX. From the data presented in the Statement, it is not apparent that Alterna- tive A (as modified by the city) is infeasible to the extent indicated. From the point at which this alternative would enter the city, a bridge of possibly four hundred feet would be called for to get over flood channel and railroad together, The reverse curve referred to does not appear to be unacceptable or overly long, nor are the engineering requirements of a skew crossing extraordin- ary. The necessary taking from the Southwest Park would be approximatily five acres out of seventy. `.I'he right-of-way could swing slightly more to the East arould the railroad yard, if it exists at that time; possibly the railroad bed would be available for the highway. With regard to the impact of either Rte. 13 or 96 on the BOR land on the 'island, ' the city does not have plans for that land, so we would hope that 'quiet' pavement and landscaping would be utilized to reduce noise and visual impact on adjacent commercial and recreational uses. Such landscaping should not completely screen the park from the road, but provide attractive glimpses to the motorist. Here, where locational alternatives are limited, considerable attention must be paid to environmental considerations. Alternative C (modified) is not the city's preferred location for Rte. 13, due to the estimated impact on potential development in the West End of the city, and to other environmental impacts previously discussed. Since there are reser- vations on the part of DoT with respect to .Alternative A, a compromise solution similar to that which we understand is presented in the recently-published Project Location Report and recommendation would be acceptable to the city. One modi- fication to that corridor recommendation is desirable: that the widened joint corridor within the city include land East of the railroad tracks, to encompass the city's modified Alternate A. One further comment is called for regarding the provision of replacement land for that taken from the BOR-funded land. The city feels that the proposal already made concerning what is known as the C.Y.O. land presents an adequate exchange for the approximately ten acres to be taken. Should this not be fully ;. acceptable, we feel that this land should be approved as part reimbursement prior to October 1, 1973, in order that the city may exercise its ootion on said pro- perty before expiration of the option. We feel that the C.Y.O. property is eminently suitable for such exchange and use, and we may rose the opportunity to make such purchase if we have to wait several years for an exact determination of the amount to be taken for the highways, in order to make what the regulations state is necessary for such conversion. We will, in the interim, be studying other parcels as possible additions to the C.Y.O. land to round out the equival- ency necessary. We look forward to continuing to work with you on the implementation of this much-needed project. 83 COMMON COUNCIL PROCEEDINGS CITY 00 ITHACA, NEW YORK Regular Meeting 7:30 P.M. July 2, 1973 PRESENT: Mayor - Conley Aldermen (13) - Boothroyd, Barber, Boronkay, Gutenberger, Henderson, Meyer, Nichols, Saccucci , Slattery, Stein, Schmidt, Spano, Wallace ABSENT: Mermen (1) - Jones OTHERS PRESENT: Attorney - Ge mb Deputy Fire Chief - Tuckerman Controller • Daley Coordinator-Youth Director - Cutia Bldg. Commissioner - Jones City Clerk - Rundle Planning Director • VanCort All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. �a MINUTES: s; R4 or Conley asked the approval of the minutes for June 6, 1973• By Alderman Boronkay seconded by Alderman Barber, resolved that the minutes for the June 6, 1913 meeting be approved as recorded by the Clty Clerk. Carried Mayor Conley commented that he would like to make it a policy of Council , that if any group wishes to ccme to Council for a specific purpose, that the Council could handle the matter immediately, and enable the people to leave i•f they wished. PERSONS APPEARING BEFORE COUNCIL: Wi IIiam Norton - 207 South Hi I I Terrace appeared on behalf of the South HI II P.T.A. for which he is Co-President. He said two years ago they started work on the play- ground plans. Concreie proposal have been worked out last fall. Mr. Norton said it was of part icular 'Interest because It was a good area of school , city cooperation. The South fill] parents all showed their Interest to the project by working very hard the last two years, fund raising, and helping plan this proposal. This devel- opment is also part of the Master Plan developed by the Youth Bureau. Mr. Norton said we have to get off the ground with the initial proposal , which the Coucil has -before It this evening. He said it was their understanding that construction was supposed to be started last April , but somehow this never got started. Mr. Norton asked the Council to approve this plan tonight. He said if the ptan Is not approved the cost of construction will go out of site. Mayor Conley commented that the Finance Comittee had provided funds for the low bid, but Supt. of Public Works, Dingman had requested a ten per cent contingency for this project. Alderman Nichols reported that a contract had been drawn up between the City and The Ithaca School District Copies .of the contract had been placed on all the Aldermans' desks. Alderman Nichols said that when the contract was drawi up, the estimated cost of the playground was $11,220.00. The school district agreed to put In $2 ,500.00, The low bid was received for $14,696.00. The Dept. of Public Works ' feels that IF they start construction on the project bhat cvicelv461y they may run into problems, that would prevent them from completing the project. Alderman Nichols said that she discussed this problem with Mr. Dingman and that he was will- ing to go mead with this project;lf Council understood that the cost may exceed $14,696.00, Mrs. Nichols said that Mr. Dingman also metioned that Conway Park bids will farr.�ceed the estimate, and perhaps part of $5000.00 allocated for Conway Park could be used for the South Hill Playground. Alderman 'Iattery asked what problems are anticipated on this project. Alderman Tichols commented that this is a very rocky terrain with very large bolders. The higher bidder commented that he feels the lower bidder did not realize this when he Prepared his bid. r -2- July 2, 1973 Alderman Borokay asked if it is going to be necessary to set up a contingency on all bids. Alderman Slattery said the Giles Street Bridge account has a large unused balance, also the Inlet Water Supply Allocation. He said perhaps the balance of these fuhas could be used on Cascadilla St. Ext. , Taylor Place, and the balance of the South Hill Playground project. The following resolution was presented to Council: BY ALDER;.4AN NICHOLS SECONDED BY ALDERMAN SACCUCCI, RESOLVED That the Mayor be author- ized and instructed to sign the license and agreement between the Ithaca School District and the City of Ithaca, and that the amount of the approximate cost of $11,220.00 shown in the agreement be changed to approximate cost of $16,000.00. Carried Mayor Conley introduced the following candidates rungirig_ fo*- office this fall pre*ent 'at the Council 1deeting: George A. Blean - Candidate for Hayor Earl Brown - Candidate for Alderman, Ab Ward Richard idoran - Candidate for AldervkV6,.1st Ward Christine Morrison- Candidate for Aldetm6n, 2nd Word Paul Glover - Candidate for Alderman, 2nd Vard C01,11IUNICATIONS: City Clerk, Rundle read a letter from Police Chief, Herson regarding Tompkins County Police communication system as follows: June 29, 1973 Mayor Conley: It is my understanding that on Friday, June 22, 1973 that the New York State Planning Commission reviewed the project costs for the Tompkins County Police Communication System in condiseration of Federal Funding. I further understand *,-Av that this was approved at this time in line with the estimated project costs as submitted in the attachment submitted April 12, 1973. As you are aware, the effort to obtain Federal Funding for this system has existed over a two-year period, and I am pleased now to report a successful conclusion to thig long effort. We are extremely fortunate in view of the fact that very few grants of this nature have been issued to date. Enclosed is a draft of a letter of agreement that will be required between the City of Ithaca and Tompkins County-relating to the City of Ithaca's cost to fulfill this contract. To the best of my knowledge, the figures in the enclosure are cor-.. reef.,, However, I would recommend that the Council approve an expenditure of $2500 where it, xej4tes to this agreement; specifically to allow for changes that I am not aware of at 'this time. As you will note in the attached enclosure, the City of Ithaca will be receiving radio equipment valued at $19,170 whereas the cost to the City of Ithaca will be $2,255 with Federal Funds paying for the remainder amounting to $16,91.5. As I stated the draft is just that, and maybe revised at either the Mayor's or Council's discretion and is being submitted only as a possible format to be used for this purpose. Inasmuch as this program appears to be moving very rapidly, approval for this expenditure should be completed as soon as possible. As a matter of clarification, all billings for the Tompkins County Police Communica- tion System will be submitted and paid for by Tompkins County and reimbursements will be required to Tompkins County from all agencies involved in this partlaular grant. If there are any additional questions, with relation to this, please so advise. Respectfully, James PSI. Her s on Chief of Police 85 -3- July 2, 1973 BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SPANO RF,SOT7ED That this letter be referred to the Budget and Administration and Public Safety Committees. Carried City Clerk, Rundle read a letter from the C.S.E.A. Grievance Committee as follows: June 28, 1973 Common Council City of Ithaca Dear Council Hembers: The CSEA (Civil Service Employees Association) after having filed an improper prac- tice charge on May 29, 1973 has been requested by PERB (Public Employment Relations Board) to proceed with the grievance proceedures of our contract to settle this charge. The following are the points of the improper practice charge which was filed previously, and which we are presenting as a grievance: 1.. The City of Ithaca and the Civil Service Employees Association, Inc. joined in an agreement regardLng the terms and conditions of public employment for the employ- ees of the City of Ithaca effective January 1, 1973. Article II, paragraph A provides as follows: The p parties agree that the wages paid to all employees covered W by this Agreement shall be increased by 4% effective January 1, 1973 for the year 1973, and further that all employees covered by this Agreement shall receive a 2% salary increment effective January 1, 1973, but in no case shall a covered employee receive more than the maximum salary for their position as listed in the following schedule of minimum and maximum salaries. 2. By memorandum dated April 13, 1973, Robert 0. Dingman directed that effective April 16, 1973, the annual rate in pay for Mrs. Olga Potori was increased to 67,331. Pursuant to the provisions of the aforementioned Agreement between the City of Ithaca and the Civil Service Employees Association, Inc. said employee was receiving $6,778 and the increase directed by the Superintendent of Public Works represented a pay raise of approximately 8%. 3. . That the effect of the directive by the Superintendent of Public Works is that it discriminates in favor of one employee and against all other employees and is grossly unfair and unjust to all other employees. 4. That by the directive the respondent has arbitrarily and unilaterally changed the conditions of employment of one employee, completely disregarded the aforemen- tioned Agreement of Employment and has done so without consulting the certified or recognized agent of the employees. 5. That since the issuance of the directive representatives of the charging party have attempted to remedy the situation with no success. The grievance committee would like to have a decision made to clarify the above charges. Yours Truly, Dannie L. Conrad Joyce C. Day Kenneth Baker Grievance Committee C.S.E.A. - City Unit BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD THAT this letter be referred to the Budget and Administration Committee: Carried City Clerk Rundle read a letter from the City Negotiating Committee regarding changes in the current contract involving four positions as follows: 86 -4- Common Council Joseph Rundle, City Clerk Gentlemen: By agreement effective June 14, 1973 between the City of Ithaca and the City of Ithaca Unit of the Civil Service Employees Association, four employees were excepted from representation by the CSEA. The persons filling these four positions are no longer covered by the terms of the current contract. The! four positions were: a. Senior Stenographer - Mayor b. Senior Stenographer - Sup't. of Public Works c. Senior Stenographer - Chief of Police d. City Court Clerk The undersigned respectfully requests that the Common Council, by resolution, provide fringe benefits for these employees as follows: 1. Sick leave accumulated at the rate of one day per monthr shall be granted. It shall be administered as detailed in City Charter Section 8-15, 1,2,3, and 4. Upon the employee's retirement, unused sick leave computed at hes current regular rate of pay shall be applied to the: extended health and accident insurance coverage. Such coverage shall not exceed $3500. 2. Health insuran6e consisting of Blue Cross, Blue Shield, and Major Medical, known as the "Statewide Plan" shall be provided for the e employee and his dependents, with premiums fully paid by the City. 3. Membership in the NYS Employees Reitrement System with benefits as described in the "Improved Non-contributory Plan", Section 75e. 4. Holiday with Leave at the regular rate of pay shall be: January 1 - New Years Day February 12 - Lincoln's Birthday February 19 - Washington's Birthday May 28 - Memorial Day July 4 - Independence Day September 3 - Labor Day October 8 - Columbus Day October 22 - Veteran's Day November 6 - Election Day November 22 - Thanksgiving December 25 - Christmas Whenever any of these holidays fall on a Saturday or Sunday,, the following Monday shall be considered the holiday. 5. Annual vacation leave as follows: a. one week after one year of service. b. two weeks after two years of service. c, three weeks after ten years of service d. sixteen days after twelve years of service, e. seventeen days after fourteen years of service. f. ei 6hteen days after sixteen years of service. g. nineteen days after eighteen years of service h. twenty days after twenty years of service. This vacation shall be credited on the anniversayy date of the employee. 6. Emergency leave shall be granted in the same manner as set forth in Article VIII of the present CSEA contract. Charles Weaver Chairman of Negotiating Commettee 5 d Daley lemuer ;.f Negotiati-L', ,jmmittee Robert 0. Din; man `4ember of Negotiating Committee Alderman Stein asked Attorney Gersh What effect the President's Price Freeze would have on changing the taxicab rates. Attorney Gersh said his research indicates that an enactment of the proposed resol- ution would be a violation of the Price Freeze. The Price Freeze was imposed June 13, 1973 for a period of sixty days. Mr. Gersh said that his recommendation would be that if Council so chooses, enact this provision, but provide that it not be effective until the Council is assured that it is not in violation of either the present Price Freeze, or Phase Four, which may be imposed on August 13, 1973. The following Resolution was presented to Council: BY ALDERMAN STEIN SECONDED BY ALDERI,,IAN NICHOLS: July 2, 1973 From the Charter and Ordinance Committee A Resolution to amend Sec. 22-9, Rates, of the Ithaca City Code: "Taxicabs" Be it resolved that paragraph (1) of Sec. 22-9 be amended in its entirety to read as rollows: (1) TAXICAB ZONES AND RATES. The City of Ithaca is hereby divided into zones as shown on a map and schedule entitled, "Taxicab zones and rates, City of Ithaca", which said map and schedule is hereby declared to be a part of . this chapter, dated July 2. 1973 and signed by the City Clerk, thereby re- placing the previous map and schedule adopted bZ ordinance No. 1-1970, -1-70:which is hereby recinded. The prices that may be charged by the owners or ,drivers of taxicabs for the transportation of passengers, within the city, shall not exceed the amounts shown on the said man and schedule under the heading, "Zone charges - one passenger", of for additional pass- engers, all as shown on said schedule. Every owner shall procure and fur- nish for each driver a copy of said map and schedule of said rates and each driver, upon going an duty, shall carry a sufficient supply of said rate' cards which shall be furnished to any taxicab passenger requesting a cony of said rate card from the said driver at the time of the use of said veh- icle by the passenger. The rate map so furnished shall have endorsed on the front or back thereof the full language of section 22-9 of this chapter pertaining thErates for taxicabs in the City of Ithaca, Each taxicab oper- ated within the city shall conspicuously post in full view of passengers riding in the back seat the following notice: "Rate cards for fares in the City of Ithaca are available upon request from the driver of this taxicab, according to city ordinance_." This amendment shall go into effect immediately following the removal 'of the Pres- ident's price freeze affecting the taxicab rates. W Alderman Stein related to Council several complaints that he had received from people regarding the taxicab system. He said that maybe his committee should coptinue to look at the taxicab system. Alderman Wallace commented that perhaps we should table this item, until we find out what phase four will be like. i4r. Eugene Welch, taxicab owner, made several comments in answer to Alderman Stein's remards regarding complaints people had with the taxicab service. Alderman Saccucci suggested the use .of meters in the taxicabs. The following resolution was presented to Council: BY ALDERMAN WALLACE SECONDED BY ALDER1,Wi BARBER RESOLVED That this motion be tabled until August 13, 1973, and to be brought on the table again at the earliest convenient meeting. Voting on Tabling motion resulted as follows: AYES (3) Barber, Gutenberger, Wallace NAYS (10) Boothroyd, Boronkay, Henderson,, Meyer, Nichols, Saccucci, Slattery Stein, Schmidt and Spano -6- ?,,,y 2. 1C)'7- A motion to send i_,.'s Eck to committe by A-L ler nan Boron.kL a,v was withdrawn. A vote on the original resolution resulted as follows: AYES (13) Carrie d BY ALDERMAN GUTENBERGER SECONDED BY ALDERt-Wi BOOTHROYD RESOLVED THAT the matter of rate cards being posted in taxicabs be referred to the Charter and Ordinance Committee. AYES (11) NAYS (2) Schmidt, Slattery Carried CITY ATTORNEY: CLARIFICATION REGARDING CONDEP9NATION OF HOTEL BLOCK. Attorney Gersh requested this item to be placed on the Agenda for the next meeting, as he failed to bring a letter which he wished to read to Council. '_MINI-POOL Attorney ynr Gersh reported that the Mini-Pool will involve some further negotiations. One of the problems-is the rest room facility at Markles Flats, Vandalism, respons- ibility, and other problems also are involved. A discussion took place on the Council Floor regarding the contract and the Mini- Pool. PUBLIC WORKS COM4ITTEE: L SCADILLA STREET RECONSTRUCTION - By Alderman Schmidt seconded by Alderman Booth- royd Resolved, that the Common Council be requested to amend its 1973 Budget to provide $17,000 of Capital Monies for the Reconstruction of Caseadilla Street. Alderman Schmidt commented that he felt this was a very worth-while project and that he was in favor of going ahead with it if money could be found from some source other than the Contingency Account, such as the Giles Street Bridge Account. Controller Daley commented that another source for this project would be Revenue Sharing Funds, in addition to the Giles Street Bridge Account. The following resolution was presented to Council: By Alderman Gutenberger seconded by Alderman Barber Resolved that this matter be tabled. Carried TAYLOR PLACE EXTENSION BY Alderman 'Schmidt seconded by Alderman Saccucci resolved that the Common Council be requested to amend its 1973 Budget to provide $14,000 of Capital Monies for the Extension of Taylor Place. By Alderman Barber seconded by Alderman Stein Resolved that this matter be tabled. Carried Alderman Spano read a letter to Council from Supt. of Public Works, R.O. Dingman as follows: To: Alderman Spano From: R. 0. Dingman Re: Hydraulic Impact Hammer for Hydraulic Backhoe Date: July 2, 1973 The Board of Public Works requested a transfer in the water accounts of $2,700 to purchase the above captioned piece of equipment. They also asked for a correction in the 1973 equipment list to provide for the purchase of this piece of equipment. To my knowledge, this matter has never been presented to the Council as a whole. The Board has subsequently taken bids for this hammer, and received a low bid of $2,907. The following items are included to indicate to you the reasons why the department feels that this is a valuable piece of equipment: 7 g9 -7- 1>73 L Featu .:-- pover (1,800 poi tint' hy.L'aulic; 125 psi with air) About 505 less noise; one man operation, with no hoses and tools to drag around; much safer; our biggest accident rates are ocasioned by those heavy (85 pound) air hammers. 2. Expected Use - breaking pavement; breaking boulders and bed rock in ditch bottoms; busting frost in the wi titer. 3. Expected Life - 5 to 10 years with worn _parts replacements and tool replace- ments as needed, f 4. Labor Saving - a matter of 25 to 755- less time needed to do the busting depending on the nature and location of the work. 5. Rental - at $300 per week we could nearly own the machine on Cayuga Street and Buffalo Street and State Street, (which was or is scheduled for this summer and all require pavement breaking). PLANNING AND DEVELOPMENT C0,1, QTTEE CALDWELL-ROTHCHILDS DEVELOP2IENT: Attorney Gersh commented that Council had expressed concern about utilizing our City Architect to provide input with the other parties, with regard to the esthetics and the appearance of the External Facade. r-Sr. Gersh said that he brought this matter up at a meetinU in New York, and Caldwell is perfectly willing to cooperate .z.) fully and make every effort to work with our City Architect. Der. Caldwell emphasized that it is Council and the City Archtect's responsibility to provide the input at the appropriate time. Alderman Stein commented that he thought it is very important that Council have some way of adding input into the project before, and not after the fact. Per. Stein said at some given point, that the Council would expect the City Architect to come to Council with a set of plans and ask for their input at that time. RAY"-10ND A DIPASQUALE, ARCHITECT ITECT representing the City on the Rothchild-Caldwell project,said that when the drawings are available from Caldwell, that Council will have a chance to review them, and make any suggested changes through him. Mr. aw Dipasquale said that he has reviewed the developmental drawingso the spectfications, and the contract at this point in time, they are open-ended enbtigh that we will have all the flexibility we will need to bring this off to fruition, Mr. Dipasquale said he feels that we are going to get a quality structure w thiri the frame work of the money that we are willing to spend, We have competent structural people involved, and we have competent architects, and a competent builder and developer. He paid that we at this point have to give alot of faith to the fact that we have this good team going for us. Attorney Gersh said that the contracts are definitely in the final phase. Mr. Gersh said that the negotiating points made by Council and Staff were well,.received by the other party. He said that Caldwell is willing to convey to the City* for one dollar, the half of the Home Dairy Alley, which Caldwell Will own under the pr oY- ject. Attorney Gersh said if Council directs him he can negotiate for the other half, and make it a public thoughfare, Restroom facilities still have to be final, ized. Several Meetings are scheduled in the near future regarding this project. HOUSING AUTHORITY - Alderman Nichols reported that the Authority had its annual re-organization meeting, and Frank Baldwin was elected chairman. The new Director, ,- C Deeb, started June 15, 1973 '..lderma,n Saccucci asked what the Financial Status of the Housing Authority.is. He . a3kod. if they are planning to make their contribution in lieu of taxes. alderman Nichols replied that the Audit has been completed, but they have not accepted the result. irs. Nichols said she thought that when the time comes, they ,rill do -,r-bat is right :STATE STREET i'(ALli - Planning Director Van Cort reported that an architect has been hired, The survey of all the Tenants facing State Street has been completed. The 14 all Committee is meeting with the architect for the first working session. :Tr. Van Cort said that progress is being made, and the project is proceeding smoothly. U, kX RETM AL: H. -Stillwell Brown, Urban Renewal Administrator, commented that when Urban Renewal started there was a cooperation agreement between the City, The Federal Government, and The State Government. This cooperation agreerr, at stated that the City would do certain things in lieu of cash payments, such as Streets, Gutters, Landscaping and Etc. Since that time HTUD has new renulations and spelled _y �, 19?.: it out nc. 2e carerui.*-. '.r. ;)rom said that v , _.�6enu agreement is rather loos�:Iy formed, and does not have all the new language in the agreement. We have a new land disposal agreement that rn., st be provided for the Urban Development Corp. with- in the present forty page agreement, certain points have to be reaffirmed by Comnon Council. The following Resolution was presented to Council: BY ALDERMAN SPANO SECONDED BY ALDERTW1 STEIN: WHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency entered into a Coop- eration Agreement dated July 8, 1965, wherein the City agreed to construct or cause to be constructed certain public improvements, and moo V1HEREAS, the Ithaca Urban Renewal Agency, by a: Land Disposition Agreement with the New York State Urban Development Corporation has agreed to perform certain public improvements not enumerated in the Cooperation Agreement, and WHEREAS, the Land Disposition Agreement has been approved by the Federal Department of Housing and Urban Development, NOW THEREFORE, be it Resolved: That the City hereby agrees to assist the Ithaca Urban Renewal Agency by performing or causing to be performed, the following: (a) Vacation of Streets, Etc. The closing and vacation of such existing streets, alleys and other public rights-of-way within or abutting on the property within the Urban Renewal Project Area ("The Pro- perty") as is provided in the Urban Renewal Plan; and (b) Replattin g, Resubdivision, or Rezoning. The replatting, resub- r division, ar rezoning of the Property, if necessary for the convey- ance thereof to UDC; and (c) Improvements of Emisting Streets: The Improvement by resurfacing, rebuilding, or new construction, in accordance with the technical specifications, standards, and practives of the City, or such exist- ing streets, alleys, or other public rights-of-way (including catch basins, curbs, and gutters, drive and curb cuts, and drives between the property line of the Property and the public rights- of- way) abutting on the Property, as is provided in the Urban Renewal Plan: and (d) Construction and Dedication of New Streets: The construction in accordance with the technical specifications, standards, and prac- tices of the City, and the dedication of all new streets, alleys and other public rights-of-way (including catch basins, curbs and gutters) abutting on the property, as is provided in the Urban Renewal Plan; and, (e) Street Lighting, Sins and Fire HXdrants. The installation in accordance with the technical specifications, standards, and prac- tices of the City, of street lighting, signs, and fire hydrants in connection with all new streets abutting the Property and to be constructed pursuant to this Section. The City shall consult with UDC and its Architect respecting; the design and related controls for such street lighting and signs; and (f) Installation of Public Utilities. The installation or relocation by the City or by public utility companies, of such sewers, drains, water and gas distribution lines, electric, telephone and telegraph lines, and all other public utility lines, installations and facil- ities as are necessary to be installed or relocated on or in connec- tion with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and she development of the Property; PROV TBED, that the City shall not be responsible for, or bear any portion of the cost of installing the necessary utility connections within the boundaries of the Property between the Improvments to be constructed on the Property by UDu ar_i the w:_f,., -J tart', sewer, and m ur �,,:ser public utility lines owned by the Citiy or by any public utility company within or without such boundaries, or electric, gas, telephone or other public utility lines owned by any public utility company within or without such boundaries, and UDC shall secure any permits required for any such installation without cost or expense to the City.. and I so move. A discussinn took place on the Council floor with several Alderman entering in to the discussion regarding the interpretation of the agreement. The motion was voted on and unanimously Carried. INTERD4 PARKING - No Report. STATEViENT BY SUPT. OF PUBLIC WORKS - PAIR. DINGMAIB City Clerk read a statement from a report of Supt. Public Works, Mr. Dingman, to his Board dated June 27, 1973 as follows: It has come to my attention that the Finance Committee has recently turned dcwn or altered several requests of the Board of Public Works. It is my understanding that the Finance Committe has determined that it will report for Council action, only u those items on which they have a positive reaction. The Council in general, will not have the opportunity to deal with the requests of the Board or even to be aware of them unless some other method is developed to bring the Board's concerns to the Council. The Bcard of Public Works who spends the bulk of the City's total budget, is not represented on the Finance Committee. I would propose the following: 1. That the Mayor appoint as a voting member of the Finance Committee, the Chairman of the Council's Committee on Public Works. 2. That the Finance Committee of the Common Council be directed to acquaint themselves with matters of the Board's concern, and present questions in sufficient detail in advance of their meeting, so that they may have ade- quate information on which to act. (No member of the department cafe be expected to anticipate the complex questions of the Finance Committee.) 3. Every item which is referred to the Council by the Board, should be ade- quately presented to the Council at the next subsequent meeting. The Mayor called for a Five Minute recess. MINI-POOL AGR •1ENT - bar. Cutia Coordinator-Youth Director commented that arrange- ments had been worked out at the Ma,rkles Flats Building regarding the use of restrooms. Each lifeguard will have a key and excort each child to and from the restroom. P1Ir. Cutia said he favored a Five Year Contract. He was concerned about Section B on Page 2 which had to do with the vandalism perpetrated by users of the pool. Mr. Cutia said he felt this should be deleted from the Contract. The following Resolution was presented to Council. BY ALDERMAN NICHOLS SECONDED BY ALDERMAN BARBER RESOLVED That the Common Council authorizes the Mayor to sign a draft of the Contract herewith, which has been app proved by Attorney Gersh along the lines suggested here tonight. Carried HU:AN SERVICES CallI TTEE S Greater Ithaca Activities Center - Alderman Nichols reported that it has been a year since the City took over with a license for the former Central School Building. Alderman Nichola said a great deal has happened, but the building is still being under used, Mrs. Nichols said an attempt is being made to make this the Center of the City, County Youth and Recreation Facility. The Greater Activities Center is interested in having Mr. Cutia assume a more dominant role in running; the Center. YOUTH p-1ANPOWER COORDINATOR AND, SU14 ER YOUTH EMPLOYMENT: Alderman Nichols presented a copy of Council of an agreement draian up by the County Attorney. TIrs. Nichols said the agreement was for six months, and it would cost the City about $1100.00, which is now presently in the Youth Bureau Budget, The following Resolution was presented to Council: _.o_ July 2, 1973 BY -ALDERM"..NICHOL.S -SECONDTD BY ALDERMIAid SLAT'17,RY RESOUT D THAT this agreement shall be signed by the ilayor, after approval and suggestions by the City Attorney. Carried PARK DEVELOPMENT: ',IAC DANIELS PARK - Work has stopped temporarily until the boundaries can be established of the land donated by Mr. `IacDaniels. CONWAY PARK: Bids have not yet been received. CASS PARK - The pool in now open. The dedication of the Park will be held when the Park is turned over to the City. Atorrney Gersh commented that he felt some thouiiht.should be given to construct a wading pool at Cass Park. I?e said that it is badly needed especially with the small children. BUDGET AND 'AAINISTRATION: Joseph J. Kiely Insurance Proposal: The Budget and Administration Committee was unable to reach a recommendation to Council on a proposal by the Joseph J. Kiel<y Insurance Company that would allow city emplcyees the opportunity to purchase home Owner and Automobile Insurance at reduced premiums. It is our understanding that this is the only local Company offering mass merchan- dising of this type of Insurance. The committee will study this proposal further and report back to Council at the next regular meeting. REVENUE SHARING An organizational meeting of the Revenue Sharing Committee of the Budget and Administration Committee will be held Thursday July 5, 1973 at 7:30 P.M. in the Mayor's Office. We will attempt to establish procedures and methods of interview- ing Departments and Agencies requesting Revenue 3haring monies. Finance Chairman Slattery made the following comments to Supt. of Public Works, Dingman's Statement: In response to the Superintendant's three point proposal to improve communications with the Council. I agree that there have been missunderstandings relating to Financial requests of the Board. Many times we are expected to act on transfers and requests for new money with very little information on which to base our decisions. I also, concur with the Superintendant that this is a very serious situation and for this exact reason many items referred to our committee are not acted on positively and are returned to the Board for more information and clarification. Committee members cannot be expected to anticipate the complex nature of the requests of the Board and act on them responsibly unless they are supplied with adequate information on which to base their decisions. If this information is supplied in sufficient detail we will act on every request that is submitted. We must insist however in retaining our right to recommend acceptance or denial of these requests to the Common Council. To submit budget requests from the Board directly to the Common Council as a whole for immediate action would negate the need for a Council Budget and Admin. Committee. I personally view this as a method of overiding the authority- and decisions of the w Budget and Admin. Committee and will oppose this manuver most strenuously. We certainly do not seek strained relations with the Board or Dept. and if adding the Chairman of the Public Works Committee to the Budget & Admin. Committee will bring about better lines of communication, I favor it completely. To carry this suggestion further perhaps a member of the Dept. or Commissioner of the Board wotildbe willing to attend our meetings. This would add broader imput to our discussions. and provide us with the valuable information that is often lacking. One further suggestion I will submit will be for a more thorough review by both the Board and the Council ,jointly before establishing the Capitol projects budget for the year. Requests to ammend this budget should not be necessary if proper thought and planning are carried out in advance of establishing this budget. -11- :Ily 2, 1973 TRANSFER OF FUNDS: By Alderman Slattery seconded by Alderman Barber esolved that $3000.00 be trans- ferred 600 from Water-Contingency Acct. F1990 and 40% _From Sewer Contingency Acct. G 1990 to F 8310-6-250 & G 8110-6-250 to provide funds for a Hydraulic Impact Hammer. Aderman Schmidt commented that he would support this Resolution, but said this is a good example of the Finance Committee not having enough information to make a decision. ;'ir. Schmidt said he hoped that Common Council was not setting- a prece- dent in having the Board of Public Works come directly to Council with their request, and not through Committee. Carried BUDGET AND AD IINISTRATIOPT (a) Transfer of Funds Transfer of Funds Requested by Finance Department By Alderman Slattery seconded by Alderman Schmidt Resolved that the Amount of 4500.00 be transfered From: Contractual Services Account A 1315-407 To: Gas & Oil A 1315-309 *100.00 r,laterial Parts & Supplies A 1315-312 `400.00 Purpose: To provide funds for vehicle assigned to the Finance Department 6-6- 73 Carried Transfer of Funds Requested by Police Department By Alderman Slattery seconded by Alderman Boothroyd Resolved that the Amount of $1.60.00 be transferred From: Contractual Services Account A 31.20-407 To: Rent of Equipment A 3120-413 Purpose: Identification Kit lease must be paid in advance. Inadequate funds. Carried Transfer of FundsRequested by Fire Dejartment By Alderman Slattery seconded by Alderman Barber Resolved that the Amount of $90.00 be transferred From: Special Services Account A 3410-439 To: Dues andPublications A 3410-436 Purpose: To cover expense of two City Directories not included in final budget. Carried Transfer of Funds Requested by Department of Public Works By Alderman Slattery seconded by Alderman Spano Resolved that the Amount of $175.00 be tranferred From: Other Equipment A 3310A-240 To: Equipment parts and supplies A 3310A-312 Purpose: Unexpected expense for broken trailer Carried By Alderman Slattery seconded by Alderman Barber Resolved that the Amount of $102.00 be transferred From: Sewer Contingency G-1990 . To: Contractual Services G 8120-1-407 Purpose: Cost of license to Lehigh Valley R.R. For underground pipe line crossing at i 1cKinneys Point Carried By Alderman Slattery seconded by Alderman Boronkay Resolved that the Amount: $3500 From: Capital Reserve # 11-Parks $1,900 To Contingent Account A 1990 41600 To: South Hill School Playground Capital Project $1900 Transfer to Capital Fund A 9550 Purpose:: To provide additional funds for the South Hill School Playground Capital Project. Low bid of $16,000 received, original appropria- tion only provided for $12,500. Carried -12- July 2, 1973 Transfer of 1 mds Rejuested by City I-:rtozney By Alderman Slattery seconded by Alderman Schmidt Resolved that the Amount: of $500.00 be transferred From: Fees for Profession Services A 1420-422 To: Travel A 1420-433 Purpose.' Demand for travel much greater than anticipated at budget time. Carried Amend Fire Department Authorized Equipment Purchases By Alderman Slattery seconded by Alderman Schmidt Resolved; that the Fire Department authorized equipment list be amended to include the purchase of on 140del A 12S Voice Gun. Carried (b) Sgt. J. Jamarusty Grievance By Alderman Slattery seconded by Alderman Boronkay; The Budoet and Adminis- tration Committee and the City Attorney have investigated this grievance and find that Sgt. Jamarusty's claim of improperly withheld wages in valid. Resolved: that Sgt. J. Jamarusty's pay be increased by 4% retroactive to January 1, 1973. Carried (c) Warner, Burns, Toan & Lunde Invoice By Alderman Slattery seconded by Alderman Schmidt The City has received an invoice from Warner, Burns, Toan and Lunde for $150.00. This invoice is for Consulting Engineer services dated February 1973. Resolved that the above in- voice in-the amount of $150. be approved for payment. Carried (d) 'Municipal Consultants and Publishers Inc. Invoice By Alderman Slattery seconded by Alderman Stein The City has received the first invoice as per contract. Resolved: that the Municipal Consultants and Publishers Inc. invoice in the amount of $1818.00 be approved for payment. Carried (e) Raymond A. DiPasqualie Invoice By Alderman Slattery seconded by Alderman Stein The City has received the first invoice as per contract. Resolved; that the Raymond A. DiPasqualie Invoice in the amount of $137.50 be approved for payment. Carried (f) Chamber of Commerce Invoice By Alderman Slattery seconded by Alderman Henderson The City has received an invoice for the total amount of this contract, which agrees with the terms of said contract. Resolved; that the Tompkins CountyChamber of Commerce invoice in the amount of $2000.00 be approved for payment. Carried (g) Appointment of Personnel By Alderman Slattery seconded by Alderman Henderson Resolved; that diary Grimsey be appointed provisionally as Senior Account Clerk at the salary of $5,981.00 effective January 1, 1973. Carried 9 -13- July 2, 1973 (h) Audit By Alderman Slattery seconded by Alderman Henderson Resolved; that the bills audited and approved by the Budget and Adminis- tration Committee in the total amount of $25,673.89 as listed on audit abstract N 7 -1973 be approved for payment. Carried CHARTER AND ORDINANCE C01VITTEE Provision for POlice Chief By Alderman Wallace seconded by Alderman Stein Resolved that this item be removed from the Agenda, and that the Police Commissioners continue to study this matter. Carried ZONING AND HOUSING CODE Alderman Meyer reported that the rough draft of the Zoning Ordinance is being com- pleted. Copies will be made available to the Aldermen in the near future. Alderman f4eyer requested that the documents be read during the summer months and any sugges- tions be directed to the Charter and Ordinance Committee. 14rs. 14eyer said she is aiming for a public hearing in September, or October. ADDITION OF ITEMS TO THE COUNCIL AGENDA �-+ By Alderman Stein seconded by Alderman Boronkay that this item be lifted from the table. Carried Alderman Stein read the Resolution lifted from the table as follows: WHEREAS, this Common Council by its resolution dated February 1, 1956, stated that no legislation may be brought up for a vote at a regular meeting of the Common Council without unanimous vote of the members unless it has first appeared on the agenda; and that this resolution shall become effective at the next regular meeting of the Common Council; ITOW THEREFORE BE IT RESOLVED, that this Common Council delete that portion of the February 1, 1956 resolution stated above and the First Amendment to the above resolution passed by this Common Council on October 21, 1964, and FURTHER, this Common Council can add and/or delete items from the agenda at the beginning of each Council meeting by a two thirds of the voting power of the Council. A discussion took place on the Council floor, and the Mayor requested a roll call vote as follows: AYES (4) Gutenberger, Nichols, Schmidt, Slattery NAXS (9) Barber, Boothroyd, Boronkay, Henderson, 14eyer, Saccucci, Spano, Stein, Wallace :Motion defeated PUBLIC SAFETY COMITTEE Special Truckster - No bids were received CLOSED CIRCUIT TELEVISION - The .Police Chief is in the process of rewriting the Specifications. RESCUE STEAI4ER AND CHEMICAL CO. NO. 2 RESOLUTION - By Alderman Gutenberger seconded by Alderman Boronkay - WHEREAS, Rescue Steamer and Chemical Company No. 2 has served the City of Ithaca since June 1823, and WHEREAS, during that 150 years the Company has donated equipment, buildings and most importantly their personal effort, and WHEREAS, the citizens of Ithaca are more secure from the ever present threat of persons and property from fire because of the work of Rescue Steamer and Chemical Company No. 2, I -14- July 2, 1973 NOW THEREFORE BE IT RESOLVED, that the Common Council of t`�e City of Ithaca hereby sends greetings and congratulations to the members of Rescue Steamer and Chemical Company No. 2 on the occasion of their Sesquicentennial; its sincere thanks and appreciation for the faithful and dedicated service performed, and wishes No. 2's continued success in the future, and ' BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes of this meeting, and that a copy thereof be presented to the Company. Carried ANNUAL REPORTS - P,.yor Conley commented that he would like to flake at a standard practice that all Annual Reports be received prior to the adoption of the final budget. t OLD BUSINESS: City Maps - Alderman Stein requested that the City Engineer hepoet to Council his progress in updating the City Mapsi and a man showing the parcels of land owned by the city, and recommendations from the Board of What properties may be disposed of by the City, N01 BUSINESS: Terms of office for Commissioners of the Board of Public Works - Alderman Stein requested that Council study the possibility of changing the terms of office of Commissioners. Mr. Stein suggested possibly three year terms may be more in tune with the times. Alderman Stein asked the Council to think about this and said it would be brought up again in the near future. Alderman Saccucci read the following statement to Council: Mr. Mayor: My attention has been called by many local residents, that because today the People of this community, are getting more and more involved and interest- ed in a backyard swimming pool, the danger for the safety of the neighborhood child- ren, has become more serious and more critical, that all parents, are beginning to become very much more concerned about this problem. Through personal contacts, phone calls and letters, they have urged me to request this Council to adopt a local ordinance, that would require City residents, to install a fence around the pool, before the pool is even filled. I personally, do not wish to see Ithaca have a local fatality, to prove the Wisdom, of a fencing ordinance. The following Resolution was presented to Council: BY ALDERMAN SACCUCCI SECONDED BY ALDERMAN WALLACE RESOLVED that this matter be re, feared to the Charter and Ordinance Committee for their serious consideration. Carried FLOOD INSURANCE Alderman Boothroyd commented that the City should consider selling Federal Flood Insurance. 1,r. Boothroyd said it is a very simple procedure that will not cost the City anything for two years. f The following Resolution was presented to Council: BY ALDERMAN BOOTHROYD SECONDED BY ADDEFJLAN BORONKAY RESOLVED, that this matter be referred to the Planning Director. Carried Meeting was adjourned at 11:35 P.M. and Council went into Executive Session. Joseph A. Rundle, City Clerk Edward J. Con ey, ?Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N.Y. "quIar Mee tN4 7:30 P.M. August 1 , 3 L" ESENT: yor - Conley Alderman (11) Boothroyd, Barber, Boronkay, Gutenberger, Meyer, Nichols, Saccucci , Schmidt, Slattery, Spano, Wallace ABSENT: 41_derman (3) Henderson, .tones, Stein OTHERS PRESENT: Attorney - Gersh Urban Development Corp. - M. Keane controller - Daley Coordinator - Youth Director - Cutia Bidg. Commissioner - Jones Asst. Chief - Sharp Planning Director - Van Cort BPW Commissioner - Downing $up' t. of Public Works - Dingman City Clerk - Rundle All present were led by Mayor Conley in the Pledge of Allegiance to the American 1? Flag. �= MINUTIS yMayor Conley asked the approval of Minutes for July 2, 1973. By Alderman Slattery ;y seconded by Alderman Boothroyd, resolved that the minutes for the July 2, 1973 meeting be approved as recodded by the City Clerk. Carried WOND PAGE OF THE AGENDA Alderman Wallace inquired as to why the second page of the Agenda had .been dis- conti'nued. City Clerk Rundie informed Mr. Wallace that the Executi`3e Committee had suggested the elimination of the second page. Alderman Wallace said he felt the full -Council should make that decision. BY ALDERMAN SCHMI DT SECONDED BY ALDERMAN MEYER RESOLVED, That this matter be referr- cd to the Charter ,and Ordinance Committee. Carried COMMUNICATIONS: City Clerk Runde read a letter to'Counci 1 from Mr. Theodore G. Sturgis as follows: July 24: , 1973. The Honorable .Edward J. Conley Mayor City of Uthaca Dear Mayor .Conley: This 1s. j ust a'brief note--to express my' sincere appreciation to you and the Common Council for donating a Burroughs Sensimatic Bookkeeping Machine. t would appreciate t, If you would 'eytpress these sentin*nts"to members of' the `Council .,at sometime you think is convenient. 1 hope that you will have sane free time this summer. Thanks again for the above. Cordially; Theodore G 'S€urgis Superintendent of Schools elty Clack Rtindle .ftiiad._a 16tte;t to,Zbun,0t1 fedq`Be,MT.iie.Jw. TutboA a* zfO.4taiis: ' 1 10 Osrtmo"n P 1. lthgca, 'N.Y. July" 30, 1973 Members of Common Council of the City of Ithaca: What is ,the noise regula#ion itor the City of Ithaca's residential areas and what hours does it cover? With out of State gwott; for the weekend, I had to call the police on- Friday night because of prolonged'+eitessive street noise. On Saturday night a band with amplifier could not be silenced because the police said there had been a permit Issued 'by the Mayor until -12 O'clock. A. call to the police at twelve-fifteen brought the information that an officer was on the' way. Silence dame sometime later. TO -2- August 1 , 1973 Should not amplifiers be prohibited in ail residential areas? Shound not permits be restricted to outside residential areas? Should a permit for a quiet neighborheod party be necessary? if one Is consid- ered are the signatures of the residences in the whole area required on the request before it is issued? Would you want a permit Issued and used in your residential area as It was in ours? Should the Ordinance on Noise Regulations be reviewed with the possibility of revision In order to give more specific protection to residential areas? Anything you can do about this matter would be greatly appreciated. Thank you, Bernice M. Tut ton BY ALDERMAN SLATTERY SECONDED BY ALDERMAN NICHOLS RESOLVED, That the letter from Bernice M. Tutton be referred to the Charter and Ordinance Committee. Carried PERSONS APPRARING BEFORE COUNCIL: B.P.W. Commissioner William S. Downing appeared before Council and read the follow- ing prepared Statement: Proposal to Change Method of Government in Ithaca (Ladies and Gentlemen) I have had the privilege of serving this City as a member of the Board of Public Works for several years now, having been appointed by Jack Kiely toward the end of h i s term. During these years, I have had a good opportunity to observe City Government from the operational point of view. Some years ago, I was City Chairman of the Republic- an Party, and during this time, I attended almost all Party Caucuses, during which I was able to gain some insight into the pollcymaking side of government. From this experience, I have drawn a series of conclusions which i would like to snare with you. And if 1 may, 1 would also like to make some recommendations regarding City Government. 1 realize that many of the thoughts I will express are not original and the problems I will mention have been of concern to all of you for quite some time. I do not mean to suggest that I .4now ail the answers, but I hope that bringing to public attention some of Ithaca's problems may be of some service. Ithaca today is no longer a small town related only tenuously to the surrounding communities. Instead it is a large corporation which has assets of approximately $100 million and a current annual income of around $6 million. It is surrounded by large and economically important municipalities which, combined with the city, form the Greater Ithaca Community. Our city administrators, elected and appointed, operate a multi-million dollar enterprise and they are called upon to make decisions which cost millions of dollars and which can affect the Greater Ithaca Community for generations to come. If Ithaca today is really big business, it seems not unreasonaale to compare the manner. In which it Is run with the methods usually employed by private corporations, keeping in mind, of course, that the successful operation of a city is measured by the quality of life and the economy of means achieved, rather than a profit in dollars. A private corporation usually is managed byaspecially qualified President or Chief Administrator in accordance with policy established by a Board of Directors. We have a Mayor and a Common Council . A Board of Directors represents stock holders while our Common Council represents voters, but the principle is essentially the same. Taxpayers have as much right to expect competence in the administration of government as do stockholders in the management of a corporation. The difference is in the manner of selection of a chief executive and board of managers, and in the case of Ithaca, the isolation of a semi-autonomous division, the Department of Public Works. Ithaca 's Mayors are called upon to step from their own occupational specialties -3- August 1 , 1973 into the shoes of-what is, ineffect the presidency of a large corporation wherein they wield extensive power-. including that of the veto. Thrust upon them by the political system as we have it are a series of incredibly diverse responsibilities. The mayors must struggle with financial planning, taxes, public safety, sewage and water, general and special engineering, long and short range city planning, personnel, union negotiations, and a multitude of other phases of city government, and usually they have had little if any previous experience in dealing with these complex problems. This is a type of on-the=job-training never comtemplated by the Economic Opportunity Council , I 'm sure. . . not to mention the fact that a mayor may only serve two years before facing another election and the possibility of losing his job. pepite undoubted abilities in their own fields, It is questionable whether Ithaca has ever had a chief executive qualified to manage a large corporation. On the contrary, however, the Board of Directors--our Common Council--almost always is composed of men and women among whose combined abilities and special knowledge can be found the talent to contribute to the creation of sound governmental policy. Unfortunately, and despite our chief executive's special abilities or sincere inten- tions, the power of the mayoralty has been as often musused as not by the incumbents. C21 Three of the most farreaching legislative efforts of City Council have been vetoed, T directly or indirectly, by the mayor of the time. These include extension of our water resources and sewage disposal capabilities, Urban Renewal , and in the last administration, downtown development and community expansion. Cs7 Over the last 20 years, the manner in which the city has been administered has pre- vented the unification of the Town, the Village and the City--perhaps for all time. The sale of a quarter of a million dollars or more worth of water annually has been lost by the failure of the City to modernize and expand its water purification and sewage disposal facilities. Failure to invest tax revenues in the center city has resulted in the extensive development of fringe area shopping centers--investments which might well have come to the center city. Industry and business has left this arop for communities which enjoy better communication facilities. Past failures to expand Tompkins County Airport and to build a tower, have of course, not been the, direct responsibility of the city administration, but there has been an inadequate sense of responsibility by city government for regional development and cooperation with the County. It should not be forgotten that most of the greater bthaca area pays taxes to the City School District and we all pay State and County taxes. So we are all very much mutually dependent. The Common Council and the Mayor enjoy the services of a number of trained and well qualified staff assistants who direct the various departments. The utilization of these experts and their departments could greatly increase in efficiency. One imper;rtant goal should be, since there seems to be poor communication if not down- right antagonism between departments. the close working together as a team of all city" staf.f members . Under a qualified and experienced executive, this should be easily accomplished. More serious than the lack of cooperation between departments has been the relationship between the Common Council and the Board of Public Works, an arrangement that has not worked, cannot work and has, more than any other flaw in the organization of city government, contributed to the ineffectiveness of the Ithaca government system. On the bright side, the stongest arm of City Government over the last 15 years has been; the City Council . An analyiss of the voting of this body would show, I believe that at least 75% of the time, the council has unanimously supported progressive legislation and almost 100% of the time has been able to muster a majortty vote. The mayoral veto has been responsible for the most destructive defeats of progressive legislation because it has brought partisan politics into deliberations which gen- erally are not partisan. Then parties line up for or against the Mayor and the partisan struggle results in compromises that do not produce the best decisions. Per heaps in previous generations, Ithaca's form of government served its citizens w Pi1 .: In this generation, I would say it is an anachronistic and ineffective method of conducting the affairs of this city. City Council , though the electorate, has the power to bring about change in the manner in which this city is governed and I respectfully suggest that consideration be given to this matter while we have a 'progressive City Council and a forward look- ing and responsive Mayor. -4- August 1 , 1973 I suggest that consideration be given to the abolition of the Board of Public Works and the postion of Mayor as it stands today and that a City Manager form of govern- ment be substituted which will create a strong City Council sppported by qualified staff under a trained and experienced Administrator to bring modern government to, modern Ithaca. William S. Downing, Jr. 8-1-73 COMMUNICATIONS FROM THE MAYOR: Request for wage survey Mayor Conley,- commented that he was unable to meet with the Budget & Administration Committee on this matter. Mayor Conley said that the Unions felt they were being treated as second class citizens because the Executive payroll was surveyed and not their jobs. The Mayor said that the has received two survey proposals, and would like the Council to consider the proposals and appropriate: the necessary funds. Mayor Conley said he felt this salary survey was very essential for good healthy relationship with its employees. Alderman Schmidt commented that a survey of all city employees is desirable, but he felt that the request should come from the Unions asking the Council to perform such a study of their Union Members. This would include their duties and responsi- bilities, including all elected and appointed officials Alderman Schmidt pointed out that the survey may solve the Inequities as for as salaries are concerned, but some people may not find the study to their own personal advantage. The survey does not mean that everyone will automatically get a pay raise as a result of Re-evaluation of their jobs. Mr. Schmidt suggested that the Mayor write a letter to the Union officers asking them to submit a written request that they would like to have their ;jobs evalu ated. Mayor Conley agreed to write letters to the Union Officers. REPORT OF THE CITY CLERK: Designation of Polling Place in Fifth Ward. Alderman Boothroyd commented that in the Fifth Ward, Third District the present pollirk.9 place is Sage hall , which has proved to be a very inconvenient location. Aldermeq`Roo'throyd requested that the designated place for the Fifth Ward, Third Districl ' be moved to the Fall Creek School. BY.ALDERMAN BOOTHROYD SECONDED BY ALDERMAN SPANO RESOLVED, That the Fall Creek School 'h'rl be designated the polling place for the Fifth Ward, Third District, pending ppprovgJ by the school officials. CITY ATTORNEY!'S� REPORT Caldwell-Rothschild Project - The contracts are substantially completed. All major elements of all contracts have been agreed upon. At the present time the con- tracts are being revised and clarified. The garage agreement is in the final form. The operating agreement is going out tomorrow. The development agreement is still being reviewed by the Caldwell people. The land disposition agreements have been approved by the Federal Dept. of Housing and Urban Development. All but one right-of-way is in hand. The final one will shortly be in process of condemnation. The other condemnation involves a matter being handled by the Ithaca Urban Renewal Agency. Attorney Gersh read a letter from Ithaca Urban Renewal Attorney Richard Mulvey as follows : June 14, 1973 David B. Gersh Esq. Dear David: Relative to your progress report made at the recent°.Ming of the Common Councij and your letter to me of June 8th concerning your eorrectlfrg and Clarifying any misstatements and incorrect inferences co tained thereliT, please be advised as follows: The hotel block was conveyed in 1808,,49 1,uther Gere and John Pearson. The deed is recorded in Seneca County since it wag prilar tb "the fvra►etlon af' Tompki-ns Couo:ty. Pere solii ioff various parce-Is but retaink-.d title tt>. tlws allay tend in 1834 he made 'Zn agreement with other property owners on that block r l ;live to the alley. The agcancy ,._ecquir-..d ti.tie to Al r2f thes.� prrcels and obtained a deed fran Cem, as bnly_'helr to jhe ,alley.' E?ch dee-!. sp, clficolly included all right, title and interest in and to tW alley. -5- August 1 , 1973 However,-becau_sw-of the-early age of the agreement and the fact the early deeds were recorded in Seneca C.ou+rty I advised Dick Daley that title could well be ques- tioned by a title attorney placing a large mortgage on the property. if title were questioned, a condemnation could be commenced but that it would be unwise to do so unless required because of the cost involved and it was our judgment at that time to wait and see if condemnation would be required. I might add that one title company did not question the t t e to a similar alley situation in Block 99 nor did the buyer's attorney, so our judgment apparently had some validity. Your report was incorrect when you state there was any error or oversight at the time title was acquired. i would also state, in my opinion, that a condemnation proceeding will not in any way delay start of construction because of the multiple pumber of problems still awaiting solutions, e.g. State conveyance of its two parcels in the hotel block; State approval of the overhead over East Green Street; and many other problems you are aware of. Yours very truly, Richard I . Mulvey Attorney Gersh reported that another matter which is pending is title insurance. The TItie Insurance Co. is in the process of issuing a preliminary policy next week. The purchase of the Comfort StatLon in the rear of Newberry's Store in the process of closing. Attorney Gersh said that the City is waiting permission to :s build a bridge over Green Street from the State Department of Transportation. =� The surveys are being finalized, in general everything is moving along smoothly. Alderman Schmidt commented that all Council Members and the general public realize the complexity of the agreements, and arrangements that have to go into a project of this type. Alderman S hmidt said he finds himself becoming more concerned as each day goes by and hisPatience increasing. In June the Council was a party to working out the agreements, and on July 2, 1973 the Council was told that the con- - tracts are definitly in the final phase. Alderman Schmidt said his concern is that we now may be at a price for the ramp, that the City can not afford. Each day that goes by the price of the ramp In increasing. Alderman Schmidt said he was concern- ed as to how long it would be before this project will be started. Mr. Schmidt said he; felt that its imperative that this decision be made in the very near future, otherwise the City will not be able to afford this parking ramp. Mr. Schmidt asked what the Council could do to encourage this project. Attorney Gersh commented as of today, the price of the ramp has not changed. The Council has done all it could possibly do as their part in the project. This is a very complex project involving many parties. Alderman Barber said he was also concerned because of the increase cost in labor locally. Alderman Wallace asked Attorney Gersh what construction has been taken out of the project in order to hold the line on increased costs. M. Keane of the Urban Developmmet Corp. assured the Council that nothing has been taken out of the project. CONTROLLER"S REPORT Presentation of American Flag Controller Daley presented to the Mayor and Common Council an American Flag that has been flown over the United States Capital Building on behalf of the City of Ithaca, N.Y. . Mr. Daley said that he was presenting the Flag on behalf of Mrs. Joyce Day of the Finance Dept. who made this possible. ' The following resolution was presented to Council : BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BARBER RESOLVED, that on behalf of the City of Ithaca this Common Council 'expresses its sincerest appreciation to Mrs. Joyce Day for her efforts and interest' in the betterment of her community. Carried '✓ -6- August 1 , 1973 PUBLIC WORKS COMMITTEE Interim Parking Alderman Spano commented that copies had been placed on each Alderman's desk, of a report of the possible location of Interim Parking during the period of Construc- tion of the two parking ramps. Alderman Spano suggested that the copies be taken home, and at the next Council meeting any questions the Alderman might have, he would attempt to get the answers. BUDGET AND ADMINISTRATION ► A. Transfer of Funds Transfer of Funds Requested by Dept. of Public Works BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount of $2,500 be transferred From: Safety Inspection A3620-407 $2 ,500 To: Parks and Forestry A7110A-101 2,200 Parks and Forestry A711OA-250 300 Reason: Service of cleaning properties originally budgeted to be done by the Building Commissioners office. Carried By ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount:of $120 be transferred From: Buildings-Community Service A 1620C -302 To: Buildings-Community Service A 1720C -419 Reason: Unexpected repairs to commissary at Cass Park Marina. Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount of $450 be transferred From: Sewer Contingency Fund To: Cherry Street Pumping Stateon - 312 Reason: Cost of repair parts exceeds estimates Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD RESOLVED, That the Amount of $5,000 be transferred From: Contingency A 1990 To: Maintenance of Roads A5110B - 314 Reason: Underestimate of utility patching - charges are reimbursible Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount of $2 ,000 be transferred From: Contingency A 1990 To: Cass Park/Pool and Rink A 71808-315 Reason: Insufficiant funds for treatment supplies Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount:of $100 be transferred From: Community Service building A 16200-402 To: Community Service Building A 16200-419 Reason: Repairs to glass in front door and windows. Carried Transfer of Funds Requested by Building Department: BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Amount of $115 be transferred From: Safety .lnspection A 3620-310 To: Safety Inspection A 3620-436 $100 Safety Inspection A 3620-210 15 Reason: Line items depleted Carried 105 -7- August 1 , 1973 Transfer of Funds Requested by doe-;YOuth Bureau BY ALDERMAN SLATTERY SECONDED BY ALDERMAN 000APA RESOLVED, That the Amount of $2125 be transferred From: Youth Bureau A 7310-TO] $2 ,000 Youth Bureau A 7310-310 125 To: Youth Bureau A 7310-312 $1 ,800 Youth Bureau A 7310-422 200 Youth Bureau A 7310-436 12 Reason: 1 . Supplies for Swimming pots 2. Chi idrens Workshop Progr+sh underestimated 3. City Directory and annual Membership to ice InstitAiie not budgeted. Carried Transfer of Funds Requested by Finance Department BY ALDMERMAN SLATTERY SECONDED 6Y ALDERMAN BARBER RESOLVED, That the Amount of $200 be transferred From: Finance A 1315-101 To: Finance A 1315-220 Reason: Purchase a typewriter for City Clerk Carried y BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BARBER RESOLVED, That the Amount of $200 be transferred From: Finance A 1315-220 To: Planning Department A 8020-22 Reason: Trade in value for Planning Department typewriter. Carried B. Appointment of Personnel Chief Herson has requested a change of ,job classification for Mrs. Kathleen Quinn from Clerk-typist to Senior Clerk. Mrs. Quinn's salary remains the same, BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD RESOLVED, That Kathleen Quinn be appointed provisionally as Senior Clerk at a maximum pay of 57,464. per annum. Carried C. Correction of Assessment Roll A petition has been fried by Thomas G. Payne, Tompkins County Director of Assessments requesting an erroneous assessment appearing on the 1973 Tax. Roll be corrected: 101 Homestead 'Road was erroneously placed in the taxable portion of the Assessment Roll in the same of Wm. W. and June R. Rogers Whereas the same should have been ptaced 'in the exempt portion o f said Assessment Roll in the name of United Ministries in New York. The assessment is $24,000 and the taxes have been paid. Therefore, the City. Chamberlain requests authorization to refund said taxes. BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the City Chamber- la,in be authorized and directed to refund $408 paid by the owners of tax map parcel 86-3-1, street address 101 Homestead Road. Carried D. CSEA Agreement A letter was read 'to Common Council at the July 2nd meeting re: the exclusion of three Senior Steno position and the City Court Clerk from the C.S.E.A, bargaining unit. Technically this left these employees without fringe benefits, therefore, a `request was made to adopt benefits for these people. BY ALDEAM1AN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, .That the fringe benefits set forth rn a letter dated June 14, 1972 and 'presented to Common Council July'2, 1972 be adopted for the following positions: Sr. Steno - Mayor Sr. Steno - Supt. of Public Works Sr. Steno - Chief of Police City Court Clerk. Car r're-d August 1 , 1973 H. Additional Lieutenant position for Fire Department This request was for the inclusion in the 1974 Budget. The Budget and Administration Committee will make a recommendation at Tentative Budget time. I . Kiely Request A local insurance Co. approached the Finance Committee with a plan to provide a package insurance program to City Employees. The request was not acted on, however after discussion in Committee it was felt that a list of City Employees and their addresses are public information, and would be available upon request to any commercial agency in the city of Ithaca. The Committee felt that the City will not be a part of the distribution of any promotional material or other forms of advertising. The following Resolution was presented to Council : BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SOOTHROYD RESOLVED, That the City will not be a part of the distribution of any promotional material or other forms of ad- vertising,tiiis does not preclude any commercial agency from coming to the City Clerk or City Controller requesting information that is public, providing the comm- ercial agency does the work on their own, and does not involve the city. Carried Line Item Transfers: This item was referred to Budget and Administration Committee for study and recommendations. CHARTER AND ORDINANCE Zoning and Housing code Alderman Meyer reported the committee is meeting weekly going over the code line by tine, working closely with City Hall Staff. Sign Encroachment Alderman Boronkay said that his committee had reviewed a one page document, but has been handed a five page document just before tonights' meeting to consider. Several Alderman voiced their• disatisfaction of being asked to act on a document without having a chance to study its contents. Mayor Conley commented that he was asking Council to act on this tonight, because it was creating a hardship on a local Merchant who is presently remodeling part of his store. Alderman Boronkay asked City Attorney Gersh to rule on the legality of the one page document, as a means of allowing the local merchant to proceed, and if it couid.,be revised later. Attorney Gersh commented that he thought the one page document would be sufficent, and that it could be revised at a later date. BY ,ALDERMAN BORONKAY SECONDED BY ALDERMAN SACCUCCI RESOLVED, That I'T"ACA CODE Division 5. Signs and Billboards Sec. 6-64. Encroachment permit, fees. (a) Any type of permitted sign, marquee or billboard projecting over the public right-of-way or attached to a building abutting the public right-of-way shall be deemed to encroach upon said right-of-way and shall require an encroachment permit. (b) The annual fee for such encroachment permit shall be twenty-five dollar (25.00) and the fee for each renewal thereof shall be a five dollar (5.00) fee, payable in the month of January each year. IL August 1 , 1973 (c) Said encroachmenc pe=rmit fer° ;hail be in addition to any permit fee requir- ed by the building code or other city ordinances but shall include all encroachments obtaining to a single property. (Ord. of 4-3-63, Part V 8 y) Division 4. Encroachments* Sec. 19-60. Definitions. (a) Encroachments. "Encroachments" shall include but shall not be limited to signs, awnings, canopies, cellar entrances, holes, manholes , marquees, sidewalk elevators or hoistway openings or sidewalk vaults, and shall also include such driveways as in the opinion of the building commissioner are so constructed or used as to create a permanent or continuously recurring obstruction to the normal use of any street or sidewalk. (b) Public street. "Public street" shall include the entire right-of-way and shall include public sidewalks. (Ord. of 2-10-39) *Charter reference--Authority of Common Council to prevent encroachments, pbstructions upon streets, sidewalks and public places, 3-8(10) . V Cross reference--General rules of construction 1-2 vwr/ AMENDMENT TO ORIGINAL RESOLUTION BY ALDERMAN GUTENBERGER SECONDED ALDERMAN BOOTHROYD RESOLVED, That Sec. 6-64 Item -� "B" be changed from "The annual fee for such encreachement shall be five (5.00) dollars' to, The annual fee for such encroachment shall be twenty-five (25.00) dollars. Voting on the amendment resulted as follows. AYES - 9 NAYS - 2 Boronkay, Wallace Voting on the orginal motion as amended resulted as follows: Carried Unanimously Attorney Gersh requested that the sign encroachment amendment be placed on the Agenda for the next Council meeting. BUDGET AND ADMINISTRATION - Additional BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $13,694.00 as listed on Audit Abstract #8-1973 be approved for payment. Carried PUBLIC SAFETY - No Report HUMAN SERVICES Park Development - Alderman Nichols reported as follows: Cass Park - Cass Park swimming pool is open, but the City has not yet taken posses- sion of the Grassy area. The changes on the rink will go out for bid by the end of the month. South Hill Playground - The preliminary wirk has been done, the contractor will start by the end of the week. Work is expected to be completed this month. MacDprlieis Park - The preliminary work has been done, and the digging is scheduled to start this week. Alderman Nichols said it is expected to be a short easy job. CONUAY PARK The bids received for Conway Park were more thandouble the amount of $5,000 allocated by Council for this project. A meeting will be held in the Planning Dept. Office to go over and revise the plans, so that the $5,000 allocated can be spent to improve Conway Park visibly and permanently. The Dept. of Public Works suggests rebuilding the interseciton to add about ten feet of Fifth St. to Conway Park. After all suggestion and changes have been made, the project will go out for bid again. August 1 , 1;73 WEEDS Alderman Nichols commented that several complaints have been received regarding high weeds in other small park areas. The Board of Public Works will take care of this matter. BOARD OF PUBLIC WORKS BOOKLET The Boas of PUblic works has started updating their booklet on rules and regulations as they concern individual citizens and new residence. GREATER ITHACA ACTIVITIES CENTER Alderman Nichols reported that members of Council met with representatives from the greater Ithaca Activities Center. A suggestion was made at the meeting to ask the Board of Representatives to designate the Ithaca Youth Bureau as its agent in facil- 'itating programs from the close in parts of the County, so that the County Board of Representatives could request the $24,000 dollars in Youth Services money to which it is entitled, but which is not presently using. The local matching funds would cone from money presently being spent at the Greater Ithaca Activities Center on behalf of their program. This is a proposal that is under study by the Committee at the present time. PLANNING AND DEVELOPMENT Condemnation of -Fane Right-of-Way BY ALDERMAN SPANO SECONDED BY ALDERMAN SCHMIDT, WHEREAS, it is the policy of this City to promote the economic welfare of its inhabitants and to actively promote, attract, encourage and develop ecomomically sound commerce through governmental action in cooperation with private developers, and WHEREAS, for these purposes the City of Ithaca is in the process of redeveloping its central business district through the construction, among other improvements, of a parking structure, shopping mall and department store, and WHEREAS, Jason Fane is the owner of a certain right of way or easement, more particularly described hereinafter, running from East Green Street to the rear of the premises at 101 E. State St. now occupied by Montgomery Wards Department Store, which right of way is located within the boundaries of the Center Ithaca Urban Renewal Project (NYR - 1 12) , and WHEREAS, efforts to acquire the said easement by agreement with the owner have been unsuccessful and a reasonable period of time having been allowed for negotia- tions, and WHEREAS, in order to put the redevelopment plan into effect, it is necessary to ac- quire said right of way without further delay, and WHEREAS, it is for public purposes and in the public interest that the right of way be acquired by the City of Ithaca, NOW THEREFORE BE IT RESOLVED: THAT the City of Ithaca authorizes commencement of condemaation proceedings against the following described right of way, owned by Jason Fane: DESCRIPTION: A right of way situated in Block 201 , 12 ft. in width extending from the no rt h line of Green Street northerly 132 ft. , the base line of which said right of way commences at a point 198 ft. , more or less, easterly from the inter- section of the north line of East Green Street with the east line of S. Cayuga Street, which said point of beginning is also the southeast corner of lot 67, being also the southwest corner of lot 66 as described in the deeds of record to said premises; thence extending northerly 132 ft. Said right of way is 4 ft. westerly of the base line described and 8 ft. easterly of said base line described. Jason Fane appeared before Council and commented that although the Resolution refers to time for negotiations as of this date, he has not received any written, formal , bidding, or specific offer from the City of any proposal of any kind. This would be necessary in order for Montgomery Ward & Co. to continue to receive truck deliv- eries of merchandise which they require to operate their business. The proposed parking ramp and the proposed Mall would make it impossible for them to receive deliveries unless they had some kind of right of way. This would serve the effect of putting them out of business, and also make it impossible for any other retail 109 August 1 , 1973 ,l;iusiness to use that spa,.::. Nr. Fanr _'row a skc: ` .h on the biaekboard of t. 'pack entrance of Montgomery 14ard E Co. to explain his point. .r. Fane stated tP3t he is ;_ . very much in favor of the parking ramp, he said he fully understands why the City needs to have the right of way. Mr. Fane said he would like to be able to release this right of way to the City. However, before he can release this right of way to the City, there are certain documents which he must have. He said this property has f two mortgages against it, when you havemortgage property you can not just give away j a piece of the property, because this is the lenders security. The property is j under lease to a major naitonal corporation, which includes the right of way. Mr. Fane said he is unable to just unilaterally give away what is in fact an essential part of this property. They need this property in order to get truck deliveries. What is needed in order to give up this ri-lit of way, is a concrete, binding written I document offering to him as a property owner, and then in effect a security to the mortgagee, and for use �,by the tenant, Montgomery Ward, some alternate means which meets their needs, so they can get trucks in from Green Street. Mr. Fane said to date he has not received this, and this is the reason he has been unable to release this right of way to Wards. He said if he was to receive an offer it could be processed in two or three days. Mr. Fane spoke against comdemnation. He said Wards must have a right of way to handle trucks with forty-five foot trailers. Attorney Gersh commented that Mr. Fane is present at his invitation. He was extended the coutesy of being written In advance telling him that this Resolution would be presented at this Council meeting, giving him the opportunity to either sign a re- lease of his easement prior to this meeting, or alternatively attend and present his position, so that you know both sides. Mr. Fane's situation is in no way unique, the situation of Wards Department Store is exactly the same as all other stores �^+ fronting on East State Street. Attorney 6ersh said we have received total and complete cooperation from each and everyone of those o her stores. Having treated and handled each and everyone of them precisely the ways we handled Mr. Fane. We have treated him no differently than anybody else. Any documentation which he feels he needs for some special purpose has not been required by any of the other stores. The other stores are cwned by various people in differ nt walks of life. There has been none of this concern, none of these requests for More of, I need this, I need that, I have to show this to my tenant or l have to show it to my mortgagee, from any of these other people. Mr. Fane has indicated repeatedly that he is interested in cooperating, and Attorney Gersh said he' truly believe, that he is interested in cooperating. Attorney Gersh said he looked forward to h1s giving a release without ��the necessity of condemnation. The most important issue from Mr: Fane's comments, I.a`that he wants assurance that the City will not take hips present easement until it replaces it with another easement, so that pick-ups and delivg ries to the rear of his store will not be interrupted. Attorney Gersh said that he has given this assurance to Mr. Fane by letter, and orally, and he also gives that assurnace public- ly at this meeting. The City will not in anyway do anything to disrupt, hinder, or hamper his business operation, that will benefit no one. The. City at this stage can not give Mr. Fane a document which gives him this new easement. Attorney Gersi. said that this is not necessary. The agreement that we will hold his release in es- crew, it will be merely kept by the City, not recorded, it will not be effected, unless or until the Mayor executes, with the authorization of Council , a new easement. The purpose in phasing it this way, is so we can show the title insurance company that all of the easements have been released. Attorney Gersh said once we can show them that, then the project can proceed and Council can authorize the bonds to be issued, the Mayor to sign a new easement, and other things that take place only after the title is clear. The offer to replace the present easement with a new easement is a very generous offer, it that we are agreeing to take an easement that Mr. Fane and all the other stores now share which is between six to eight feet wide and re- place it with one that is sixteen feet wide. This will be done at no expense to the property owners. Mr. Fane has been given all documents available. Mr. Thomas Miller has been asked to prepare a professional survey map showing the existing easements and the new easements, this has been done. fir. Fane has a copy of this survey. Negotiations have been going on with him since he acquired the property soap two ar three months ago. Attorney Gersh said he fully hoped that commencement of condemnation prodeedings will not close the door for further negotiations. Mr. Fane said what he has to have is something in writing, a legal contract that he can take to the mortgagees, and Wards. The other issue is the turning radius of the proposed right of way. THE CONDEMNATION MOTION WAS VOTED ON AND UNANIMOUSLY CARRIED. BY ALDERMAN SPANO SECONDED BY ALDERMAN BARBER BE IT RESOLVED, That the City Attorney be directed to prepare a letter to be executed by the Mayor and sent to the property owners effected by the Caldwell-Rothschild Project. Stating to such property owners that the City agrees to provide a substitute easement concurrently with the taking o7 the present easement serving the rear of these stores. The new easement will be ,-s shown on a survey prepared by Thomas Miller. The preparation of tl-,z necessary docu- ments and the recording thereof will be accomplished by the City at no expense to the property owner. Carrie X10 '3 Flood C.:-itrol ;osurance H. Matthys Van Cort, Planning Director reported that he has looked into flood coritrol insurance. Two steps have to be taken. One is a study to find out whether you are in a flood prone area. The second is an application to the Federal Govern- ment to be eligible for insurance. Cloth of these are pretty complex and drawn out procedures. Mr. Liguori , County planning Commissioner is doing a study of the entire county. Mr. Van Cort said that when Mr. Liguori prepares his application for the county, it will have to inclue the city. This study will be completed in March 1974. At that point the application wil be made. REVEMUE SHARING SUB-COMMITTEE Alderman Boronkay reported that his committee has held several meetings. Applications are available for Revenue Sharing money at City Hall . A total of thirty-one appli- rcations have been picked up by various groups and organizations. The dead line for turning in applications is August 8, 1973. Annual Reports Alderman Slattery asked about the status of the Police and board of Public Works' annual reports for 1972. Mayor Conley said he would make a request for these reports. Bus Study Alderman Meyer reported on a study of the City of Ithaca Bus System made by the State Dept. of Transportation. Mayor Conley said he planned to schedule a meeting to review the study. Meeting was adjourned at 10:45 p.m. and Council went into Executive Session. .os ph.Rundle, City C erk Edward J. Conley, Mayor" COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N.Y. Regular Meeting 7:30 P.M. September 5, 1973 PRESENT: Mayor Conley Aldermen (14) Boothroyd, Barber, Boronkay, Gutenberger, Henderson, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace. OTHERS PRESENT: City Attorney - Gersh Coordinator-Youth Director •- Cutia City Controller - Daley Fire Chief - Weaver Bldg. Commissioner - Jones Police Chief - Iverson Planning Director - Van Cort Urban Devel. Corp. - M. Keane Suptt. of Public Works - Dingman Urban Renewal Administrator - H.S. Brown City Clerk - Rundle All present were 'led by Acting Mayor G. Schmidt in the Pledge of Allegiance to the flag. MINUTES: Acting Mayor G. Schmidt asked the approval of the minutes for the meeting of August 1, 1973. By Alderman 'Barber seconded by Alderman Saccucci, Resolved that ? the minutes for the August 1, 1973 meeting be approved as recorded by the City Clerk. s.7 Carried ADLITIONS TO THE AGENDA: Public Safety Comm.- Alderman Gutenberger requested the addition of four resolutions to recognite the service of four individuals retiring from the Ithaca Police Dept. to the Agenda. Public Works Committee - Alderman Spano requested the addition of the sale of property on Floral Ave. to the Agenda. No objections were made to the additions. PERSONS APPEARING BEFORE COUNCIL: Al,v�jn Knepper of 100 Fairview Square appeared before the Council and commented as follows: Mr. Knepper said that he had done some research after hearing Board of Public Works Commissioner Downing present the concept for City Manager type of govern- ment. Mr. Knepper said that he drew up a plan for Council as a basis upon which to conduct their studies and that in the hope that a resolution would be moved here to look into this matter, and to start the ball rolling. Mr. Knepper said that he would try to be brief as possible in presenting a picture of this city manager type of government. It is a variation from what Mr. Downing has spoke about. A more proper title should be Council-Manager type government, as the City manager form is a more appropriate for a large city such as Rochester, or New York City. This form of Council-Manager type of government was first used in Staunton, Virginia in 1908. It is steadily grown in popularity, and today is being used in about one third of the cities over 5,000 population . The most famous cities using this system: are Cincinnati, Dallas, Fort Worth, and Kansas City, in such a government, thete exist a weak Mayor and a strong Council which selects a professional manager for an indifinite period of time, who is accountable to the Council at all times. While the policy formulation is left tQ the Council, where it belongs, the manager is in charge of the administrative ehd. The functionoof the manager are in general as follows. Hq appoints city officials, except those appointed by the Council or elected. He is the Chief Executive, and this assures that the law is enforced. He super- vises and directs the administrative sections. Prepares the Budget for Councils consideration, and he is the connecting link between legislative and administra- ti%ie .sections of governments. The advantages of the Council-Manager type of govenment is that it clearly locates responsibility. If anything goes wrong, you know who to hang. It makes possible the separation of politics and administration, because the more time..consuming and routine functions of the administration is,' performed by the City manager. Prominent . and well qualified resis,ents are more likely to run for a non-salaried part time job as City Mayor, and Councilman, and it does promote efficiency. Although this type of government has increased a2 -2- Septcmber 5, .1973 rapidly in �Odlarfty, i4 certainly no panacea. Several loop-holes exist, for example, thA seledilon of a good non-partisan trained professional manager is hard to fitldi Thd legWature tendA to put its finger in administrative matters, t4ereby eff4ttuatiflg the work of the city manager. Pressure groups try to influ- ence the it hAjef, Vib the legislature. Experts in City government ., however, are ettdof9ifi this Cdtmcil-Manager system especially for small and medium size cities just like Ithaca, It would take great courage for this Council in vision, to brim a dUt this modern concept of government for our city. It would also mean revid fig the city charter and creating an informed charter revision commission to do thig. The biggest argument may well be the question of salaries. In Ithaca . I think we could alminate the salaries of the Mayor, the Councilman and the Controllers and hire aft excellent manager, by applying those salaries to that of the manige3t4 A good manager in salary should run between $30,000 and $40,000 dollars a year, The plan would look something like this in very short form. At the top vdUld be the voters, t:hetH.ayor would be next as his duties are mainly ceremonials Next would come the City Council. Next would be the City .Manager and, last that departments. This is a simple procedure, but I think in light of what Mr. DdWhing said its quite trite that all the mayors we have had prior to Mr. Smith have ldcekdd ltdttdxei$trdtivd know-how and procedures. We need someone who can really end uri& the city td bring it into a 1970, which, according to what is happening in t b dity. WOUIJ to ddtnize the city and be able to do its work. This is a s itOid pldtf and t hapb that you will do something about it rather than just sit on its It is gi,06t! to you but of the goodness of my heart for the benefit d# tH4 A06 it is nr*-POlitical, and I think you see that. Alderman Stems edklid Mr. Knepper What Viehtele and process could we adopt to really carry oUlit the detidus condi4atatidn of changing the charter. Mr. Knepper coimla ttta that the Mat thing to do is appoint a committee of the Council to look intd vdrious piths, and at least get yourself familiarized with charter. revisions, the ti*kt $ }1 abUld be to appoint a charter revision commission whiff::;#s truly ihfordWd dad dedfisldd to the city which has a non-partisan outlook. After- the commission fUlfilla 1!1 whtk to present to the public a full review and understanding of what hda bit+en dodo By Alders Wallace bet 6ndad by A1dbrtd&h Nichols resolved, that this Common Council, sse►a it sift8teest appraoiatibft and gratitude to Mr. William Downing and Mr. Knepper tot Their dedp conderh for the welfare of the City of Ithaca, And that *his resoldtiod 6 spread detbad the formal minutes of this meeting, and a copra there of forwat"dod Lb Mt.D,osrtting and Mr. Knepper. Carried Unanimously Ry'Alderm#p Boronkay sect9Aded by AlderfiAh Wallace resolved, That Mr. Downing and ft-► ,K eppot's proposals k91�6ding city Manager and Council-Manager be referred to Ckhrter'gnd Ordinance Cdtihtittee for study. Carried Mayor Donley introduced Mt. i0h Jordan., Ekk!t.utive Director of the Tompkins County Chamber of Commerce. Mrs C d� said Mr. Jbit6n and himself recently went to Ann Arbor,- t.chigan to vieWlNe 1073 Junior biympics. Mayor Conley said it was a very;peufgidfng experience, rid he felt that he made headway for a very successful attempt to 'ring the 1975 JUA 6t Oiympics td Ithaca. Mayor Conley said we have the facilities, and they are %ky excited abdUt Ithaca, and all the information we took out to them. He said thi.k id the type bI work Mr. Ralph Jordan does best, which tries tV bring tourists tG the City of Ithaca, Mr. Ralph iftrd3n appeared beftib ih* Council ana made the following comments: Mr. Jorda-n remarked that he wilIR44 to talk about tourism in Tompkins county. Mr. Jopd a ssid' that we should be f!d iding approximately 26 million dollars a year in tourist trade, if we are geed the share of the Finger Lakes tourist dollar. Mr. Jordon said the City contribtl d two thousand dollars, and the county four thousand dollars to promote tourig ,this year. Eleven hundred dollars was raised from private industry. The proximate investment was about twelve thousand dollars. This is an investment dt ibout one tenth of one per cent. Which is a very low investment in terms of m6fidy received. In Lake Placid, N.Y. this Chamber receives about seventy-five thousand dollars a year for promoting tourism in the Lake Placid area. Mr. Jord3.n said that the Chamber purchased a new facility this year, and purchased maps, brodhUtes, summer Ithaca calendars, and posters. I 1 3 -3- September 5, 1973 The Chamber staffed its tourist information booth seven days a week during the summer, and had its largest supply ever. of promotional material. The tourist booth serviced over three thousand visitors this year. The Chamber is presently working to bring into the area several meetings and conferences. The Chamber received over one thousand letters from tourist asking about the Tompkins County area. Mr. Jordon said that we have to increase the bidding on meeting and con- ferences, more brochures to promote the Tompkins County area, and increase the time the tourist booth remains open, Mr. Jordon said he would like to have the Common Council and the County to partially consider additional funds for tourism for the remainder of this year approximatily one to two thousand dollars. This request is a result of additional expenses not budgeted, that would be required to help secure the National Junior Olympics for 1975. BY" ALDERMAN GUTENBERGER SECONDED BY ALDERMAN BARBER RESOLVED, That this matter be referred to the Budget and Administration Committee. Carried COMMUNICATIONS Letter from Fire Chief Weaver: City Clerk Rundle read a letter to Council from Chief Weaver requesting that the Town of Ithaca Fire Protection contract be renegotiated. BY ALDERMAN SLATTERY SECONDED BY ALDERMAN STEIN RESOLVED, That this letter be .� referred to the Executive Committee. Carried i7 Letter from C.S.E.A. : City Clerk Rundle read a letter to Mayor Conley from City of Ithaca unit C.S.E.A. that it wishes to open negotiations for a new contract for 1974. Mayor Conley suggested a meeting with a representative from each union to meet with the Finance Committee to discuss the wage study. Mayor Conley commented that he would like to suggest that the negotiations with C.S.E.A. for a 1974 contract be handled by a professional wage negotiator, and not by the City of Ithaca'a staff. After discussion on the Council floor, the following Resolution was presented: BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT RESOLVED, That this letter be referred to the Budget and Administration Committee. Carried CITY CLERK'S REPORT: No Report. CITY ATTORNEY'S REPORT: Fane Condemantion: City Attorney Gersh reported that court proceedings will start Thursday, Sept. 6, 1973 in Supreme Court against Mr. Fane. Procedure of City's Examining Board of Plumbers City Attorney Gersh reported that he will be defending a proceeding brought by: a gentleman who is challenging the procedures used by the City's Examining Board of Plumbers. Letter to State Street Store Owners City Attorney Gersh reported that letters have been sent out to all State Street owners assuring the people that the City would not be taking away any of their right-of-ways, unless Or' ,until we substituted a new one. Caldwell-Rothschild Documents City Attorney Gersh commented that the documents layed on the Councilmen's desk would be` subj6ct ,to cliange. These changes will be made in letter form. CONTROLLER'S REPORT: Controller Daley presented to Council a summary of the Tioga-Green Ramp as follows: SUMMARY TiOGA-GREEN RAMP I. Construction Costs $1,610,797 II. Land Acquisition . 18,550 11 Summary of Tioga-Green Ramp (Con't) -4- September 5, 1973 III. Architect and Engineer Fees $ -106,100 IV. Construction Financing 230,150 V. Real Estate Taxes 33,300 VI. Interim Insurance 3,400 VII. Legal and Closing 20,000 r VIII. Developers Fee 80,550 IX. Contingency 40,250 $2,143,097 Total Development Cost $2,143,097 + 2% UDC 42,862 $2,185,959 + 50,000 (last ramp) $2,235,959 +OPX 24,898 $2,260,857 (See additional sheet attached) Caldc.7eil-Rothschild documents Resolution: BY ALDERMAN JONES SECONDED BY ALDERMAN BORONKAY RESOLVED, That these documents be referred to Planning and Development Committee for study and recommendations. Carried PUBLIC WORKS COMMITTEE Interim Parking - Mayor Conley reported that he has been in negotiations with Mr. Underwood for the use of his lot on Albany Street between State and Green St. . He said a study is being made of other locations to be used''for interim ,,, „ parking. A discussion took place of the possible use of the parking lot alongside City Hall for interim parking. Supt. of Public Works Dingman suggested that Mayor Conley send out an appeal to all owners of parking spaces, to find ways themselves to make those spaces available, without the City of Ithaca getting involved. Mr. Dingman said the parking lot alongside City Hall could be used, but other spaces would have to be provided. He said I do not think you will gain much by using this lot. BY ALDERMAN MEYER SECONDED BY ALDERMAN STEIN RESOLVED, That this matter be referred to the Board of Public Works Committee. Carried Sale of Property adjacent to property of Alice Whiting of 312 Spencer St. BY ALDERMAN JONES SECONDED BY ALDERMAN STEIN WHEREAS, a request has been made for the purchase of a city owned piece of land at 312 Spencer Rd. ( a piece of land where Albany Street becomes the Elmira Rd.) AND WHEREAS, both the B.P.W. & the Planning Dept. have recommended its sale, NOW BE IT RESOLVED, That the city have the Land appraised and the information relayed to Council as soon as possible, and that this matter be referred to Budget and AdministrationCommittee: Carried BY ALDERRAN JONES SECONDED BY ALDERMAN BORONKAY WHEREAS, The Planning Board and the B.P.W. have recommended the trade of a small parcel of city land at 312 Spencer Rd. for a small parcel of Whiting land as shown on a map of Scannon Lots on Spencer Rd. by C. Crandal dated 4/14/51, NOW THEREFORE BE IT RESOLVED, That the City Attorney investigate the possiblity of such as trade and recommend the procedure by which this may be carried. out. Carried 115 -5- September 5, 1973 Sale of Parcel of Land on Floral Avenue Alderman Spano offered a resolution that the City land on the East side of Floral Ave. south of property recently conveyed to the Carpenters be declared surplus and available for sale. After discussion on the Council floor, the following resolution was presented: RESOLVED BY ALDERMAN STEIN SECONDED BY ALDERMAN JONEVTHAT this matter be referred to the Planning Board for an advisory opinion. Carried CAPITAL IMPROVEMENTS REVIEW COMMITTEE Mayor Conley appointed Alderman Schmidt and Alderman Jones as Common Council representatives. Alderman Jones to serve as Chairman. Commissioner Golder - -and Commissioner Parkes as Board of Public Works representatives. Edward Austin to be a representative from - Planning. One more member of the Planning Board to be named at a later date. Terms to expire June 1, 1974. Conway Park - Alderman Nichols reported that the revised design for development .� of Conway Park have gone out for bid. The bid is figured to come in at about $4,500.00. This includes an asphalt basketball court, trees, benches and a drinking fountain. This would be phase one : of the park improvement. W BUDGET AND ADMINISTRATION A. Police Department Request: The Police Department has requested $2500 to participate in the Tompkins County Police Communication System. BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BORONKAY Resolved, that $2500 be approved for inclusion in the 1974 Police Department budget for the City of Ithaca share of the Tompkins County Police Communication System. Carried B. Transfer of "Funds: Transfer of Funds Requested by Department of Public Works BY ALDERMAN SLATTERY SECONDED BY ALDERMAN GUTENBERGER Resolved that the Amount: $13,000 be transferred From: Sewer Contingency To: Buffalo and Meadow Street Sewer Reason: Inadequate funds Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT Resolved that the Amount: $100 be transferred From: Stewart Park A 711OB-250 - Other Equipment To: Stewart Park A 711OB-302 - Bldg. Maintenance Supplies Reason: Increased Costs Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN GUTENBERGER Resolved that the Amount: $1800 be transferred From: Beach and Pools A 718OA-407 Contr.actural Services To: Beach and Pools A 718OA-101 Salaries Reason: Northside mini pool moved by City forces Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD Resolved that the Amount: $25,000 be transferred From: General Contingency A 1990 To: E. Seneca St. Parking Ramp A 5650B-250 Other Equipment Reason: Equipment for new ramp to be installed during construction Carried -6 September 5, 1973 B. Transfer of Funds (con't.) Transfer of funds Requested by Department of Public Works BY ALDERMAN SLATTERY SECONDED BY ALDERMAN HENDERSON Resolved that the Amount: $4200 be transferred From: Streets and Administration A5010-411 Printing $100.00 Maint. of Rd.& Hwys. 511OA-240 Hwys. & St. Equip.$1600. Bus Operations A5630-440 Insurance $1000.00 Refuse and Garbage A8160-314 Construction Material $1500 To: Streets Administration A 5010-310 Office Supplies $100.00 Maint. of Rds. & Hwys. A511OA-302 Bldg. 14aint.Suppl.$100. Maint. of Rds. & Hwys. A511OA--309 Gas and Oil $1500.00 Bus Operations A5630-312 Equip. Parts and Supplies $1000. Refuse and Garbage A8160-312 Equip. Parts and Supplies $1500.00 Reason: Increased Costs Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SACCUCCI Resolved that the Amount: $110.00 be transferred From: City Engineer A1440-220 Office Equipment To: City Engineer A1440-312 Equipment parts. Reason: Lnanticipated repairs to vehicle #29. Carried Transfer of Funds Requested by Police Department BY ALDERMAN SLATTERY SECONDED BY ALDERMAN HENDERS.ON Resolved that the Amount: $200 be transferred From: Police A 3120-438 Special Services To: Police A 3120-436 Dues, Membership and Publication Reason: Unanticipated expenditure for City Directories Carried Transfer of Funds Requested by Youth Bureau BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD Resolved that the Amount: $2670 be transferred From: Youth Bureau A731OA-310 Office Supplies $670.00 it it it -101 Salaries $2000.00 To: if it of -410 Telephone $650.00 19 " it -418 Equipment Repairs $20.00 if " It -312 Rec. Supplies $1900.00 to " it -422 Prof. Services $100.00 Reason: Telephone (Automatic Answering Service) Cass Park Rink and Pool Rec. Supply and Equip. , Unanticipated equip. Day care program & Staff Shirts. Professional Services: Pay Officials for swim meet. Carried C. Authorize City Controller to Make Transfers BY ALDERMAN SLATTERY SECONDED BY ALDERMAN BOOTHROYD Resolved, that the City Controller be authorized to make transfers within accounts as appropriated in the 1973 City Budget, exclusive of transfers from Contingency accounts. Said transfers to be reviewed monthly by the Budget and Administration Committee. (11) AYES ( 2) NAYS- Meyer, Wallace L -7- September 5, 1973 D. Appointment of Personnel Judge Clynes requests a reclassification of a Clerks' position to an Account Clerk position in the Traffic Violation Bureau. BY ALDERMAN SLATTERY SECONDED BY ALDERMAN STEIN Resolved, that Mrs. Joan Russell be provisionally appointed an Account Clerk at the minimum salary of $4799. , per annum. Carried E. Anton J. Egner and Associates Bills. BY ALDERMAN SLATTERY SECONDED BY ALDERMAN JONES Resolved, that the bills from Anton J. Egner and Associates in the amount of $16,250.61 be approved for payment. Carried F. Finger Lakes Association Inc. Bill BY ALDERMAN SI ATTERY SECONDED. BY ALDERMAN SPANO Resolved, that the bill from the Finger Lakes Association, Inc. in the amount of $918.00 be approved for payment. T Carried rf� G. Audit r+r.l BY ALDERMAN SLATTERY SECONDED BY ALDERMAN SCHMIDT Resolved, that the bills audited and approved by the Budget and Administration Committee in the total amount of $13,517.81 as listed in Audit Abstract #9-1973 be approved for payment. Carried BY ALDERMAN SLATTERY SECONDED BY ALDERMAN JONES Resolved, that the sum of $100.00 dollars be transferred from the Contingency account to Council Contractual services account for the purpose of property evaluation on the two I properties on the Spencer Rd. , and that the City Clerk be directed to have these two piecas of-..property 't*e appraised, Carried CHARTER AND ORDINANCE Agenda Rules - No Report. Swimming Pool Ordinance - Alderman Stein commented that a draft of'a new ordinance regulating swimming pools has been prepared and placed on each Councilman's desk. Alderman Wallace commented that he has supplied copies to all the Aldermen, the Board of Public Works, the Planning Board, The Building Commissioner, and the Board of Zoning Appeals. Alderman Wallace said that this; draft was taken from many sources, and asked that any suggestions be made in writing. Zoning and Housing Code - No Report. Changes in Plumbing Code - Alderman Stein reported that his committee is working on these changes, and will have a recommendation in the near future. Sjgns for private driveways BX ALDERMAN STEIN SECONDED BY ALDERMAN BARBER RESOLVED, That the Common Council amend its code of Ordinances Section 15-123 paragraph C as follows: Amendment to Section 15-123 (2 ) Change to read: Any property owner may make application to the City traffic engineer for such a sign to be installed adjacent to his driveway. The city traffic engineer shall approve such application if he determines that such sign will improve access to the driveway of the applicant and will not be deletarious to the general public. Delete present language. -8- September 5, 1973 (3) Change to read: Upon such approval, the city traffic engineer shall determine the location and method of placement of such sign. Delete present language. (4) Change to read: A fee of $50 per driveway shall be paid to the City Clerk in order to defray the expense of the initial installation and to provide for main- tenance of the sign in proper condition for five years. Delete present language; (6) (b) Change to read: a fee of $25.00 per driveway. Sign Encroadhment - No Report. Times of Business for City Hall and Council - No report. Review of Section 17-25 & 17-27 of the Code on Parks and Recreation.- No Report. PUBLIC SAFETY Annual Report of the Police Department BY ALDERMAN GUTENBERGER SECONDED BY ALDERMAN SCHMIDT RESOLVED, That the Annual Report of the Police Department for the year 1972 be accepted. Carried Standardization of Motor Scooters - Alderman Gutenberger reported the Police Department had requested the Council to authorize the standardization of Cushman as the type of motor scooters for use by the departemnt during 1973: By Alderman Gutenberger; seconded by Alderman Saccucci WHEREAS, This Common Council has been requested by the City of Ithaca Police ,Department to standardize Cushman Scooters as the type of equipment to be used in the City of Ithaca in this year 1973 and to authorize this department to advertise for bids and purchase a motor scooter from the manufacturer, and WHEREAS, It is deemed to be 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 different : types were being used. NOW THEREFORE BE IT RESOLVED: That, pursuant to subdivision 5 of Section 103 of the General Municipal Law of the State of New York, the Common Council of the City of Ithaca 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 1973 and that the 'Police Department be authorized to advertise for bids thereon and include such limitations in the advertisement. Carried Abandon Vehicles - Alderman Gunenberger reported that his committee is working with the Chief of Police and the Owners of wrecker services to try and work out a procedure to pick up abandon vehicles, and vehicles that are required to be towed away. Closed Circuit Television - Alderman Gutenberger reported that the specifications are being drawn up, and he hoped to bring a recommendation to Council in the near future. Resolutions for Retiring PoliceOfficers Whereas, Richard B. Rohrer began his service in the Ithaca Police Dept. October -9- September 5, 1973 16, 1952, and Whereas, during his 21 years of service,, he served the City of Ithaca with loyalty and dedication, Now therefore be it resolved that on behalf of the citizens of the City of Ithaca this Common Council expresses its sincere appreciation to Richard B. Rohrer for his 21 years of service to his community, and that this resolution be spread across the formal minutes of this meeting and a copy thereof forwarded to Officer Rohrer. Carried Whereas, Clifford H. Axtell began his service in the Ithaca Police Dept. January 16, 1950, and Whereas, during his 23 years of service, he servid the City of Ithaca with loyalty and dedication, Now therefore be it resolved that an behalf of the citizens of the City of Ithaca, this Common Council expresses its sincere appreciation to Clifford H. Axtell for his 23 years of service to his community, and that this resolution be spread across the formal minutes of this meeting and a copy thereof be forwarded to officer t xtell. .� Carried Whereas, Donald D. Tompkins began his service in the Ithaca Police Dept. September 6, 1949, and Whereas, during his 24 years of service, he served the City of Ithaca with loyalty and dedication, Now therefore be it resolved that on behalf of the citizens of the City of Ithaca, this Common Council expresses its sincere appreciation to Donald D. Tompkins for his 24 years of service to his community, and that this resolution be spread across the formal minutes of this meeting and a copy thereof be forwarded to Officer Tompkins. Carried Whereas, Elett C'.,Brooks began his service in the Ithaca Police Dept. January 1, 1944, and Whereas, during his 29 years of service, he served the City of Ithaca with loyalty and dedication, Now therefore be it resolved that on behalf of the citizens of the City of Ithaca, this Common Council expresses its sincere appreciation to Elett C. Brooks for his 29 years of service to his community, and that this resolution be spread across the formal minutes of this meeting and a copy thereof be forwarded to Officer Brooks. Carried Specifications for Police Commissioner - No Report HUMAN SERVICES Youth Manpower Coordinator - BY ALDERMAN NICHOLS SECONDED BY ALDERMAN SLATTERY RESOLVED, That this Common Council authorizes negotiation of continuation of the contract for the Youth Manpower Co-ordinator. Carried GIAC Expansion - Alderman Nichols reported that her committee would report in de- fail on this item next month. Ice Skating Rink Improvements - Alderman Nichols reported that the Ice Skating Rink improvements have gone out for bid. PLANNING AND DEVELOPMENT State Street Mall - Alderman Jones reported that her committee is having design meetings with the Architect every two weeks. Methods of financing the Mall are also being studied. Alderman Jones said that her committee is concerned that the Mall is not creating an island and the city is also responsible for the side streets. Alderman Jones commented that when the Planning Board applied for Revenue Sharing Funds they included an amount of $150,000 that could be used for 120 -10- September 5, 1973 under ground utilities. Traffic Circulation Study - Alderman Jones reported that the Planning and Devel- opment Committee has read the study and recommends that any portions of the study that are usable, will be used. Controller and Director of Developments Role and Building Commissioner - BY ALDERMAN JONES SECONDED BY ALDERMAN STEIN WHEREAS, the Planning and Development Committee has met and discussed the role of the Director of Development and the wesp in which this role can be more effective inthe city, Now therefore be it resolved that the .Charter and Ordinance Committee review the woid.ing of the legislation and make its recommendations for clarification to the Council and, Be it further resolved that, Charter and Ordinance Committee investigate the means by which the functions of the Building Commissioner be brought within the purview of the office of the Director of Development. Carried Housing Authority Liason Report - Alderman Nichols reported that the tots .equipment has been installed and is now in use. The housing project on Center St. is still waiting for final approval from H.U.D.. Caldwell-Rothschild Development - City Ar chitect's Role- No Report. EXECUTIVE COMMITTEE Mayor's and Aldermens' Salaries - No Report Revenue Sharing Sub-Committee - Alderman Boronkay reported that his committee extended the deadline for applications by ten days, and his committee has received several more. Public meetings have been set up to hear each application. Buses not running on Labor Day - Alderman Stein remarked that this is the second time that Cornell and Ithaca College has started school on Labor Day. Alderman Stein said that he and many other people found it very inconvenient by not having the buses running. He said that he wanted to call this matter to the attention of the Board of Public Works. Alderman Stein said he would like to have the - Board of Public Works consider this a problem and to take steps to see that it does not happen again. Dept. of Transportation report - Mayor Conley requested that Alderman Meyer call a meeting and invite Mr. Dougherty Ass't. to Supt. of Public Works, and the Budget and Administration to review this report. Meeting was adjourned at 11:26 p.m. . eph _A, Rundte, City Clerk ' Edward J. Copley, Mayor `� COMMON- COUNCIL PROCEEDINGS CITY OF ITHACA, NEU YOMY Special, Meeting 7:30 p.m. September 12, 1973 PRESENT: Mayor - Conley Aldermen (12) - Boothroyd, Boronkay, Jones, Meyer, Gutenberger, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace ABSENT: Aldermen (2) - Barber, Henderson OTHERS PRESENT: City Attorney - Gersh Police Commissioner - Spencer Controller - Daley Urban Development Corp. - M. Keane Building Commissioner - Jones Urban Development Corp. - J. Amiel Planning Director - VanCort Urban Renewal Administrator - Brown Sup't. of Public Works - Dingman City Clerk - Rundle Mayor Conley opened the meeting by inviting anyone from the community to come forward with questions or to add any input to the meeting. ITEMS TO BE ADDED TO THE AGENDA: PLANNING AND DEVELOPMENT COMMITTEE: Resolution for sale of land from Urban Renewal to the New York Urban Development Corp. BUDGET AND ADMINISTRATION COMMITTEE: Bond resolution or, garage ramp Resolution on voting machine Alderman Jones requested that the Council go into Executive Session immediately after this special meeting. No bbjectlons�,were made for any of the additions to the Agenda. PERSONS APPEARING BEFORE COUNCIL Former Mayor Hunna Johns appeared before Council. Mr. Johns asked several questions regarding the project, which were answered by City Urban 'Renewal and Urban Development Corporation personnel. David Stewart, Chairman of the Community Advisory Committee to the Urban Development Corporation, appeared before Council. Mr. Stewart said he agreed with former Mayor Johns that UDC should not have become involved in the projects of downtown Ithaca. Mr. Stewart remarked that unfortunately back in the mid sixties the administration did nothing to make downtown Ithaca a vital center. In the late sixties, the Urban Development Corporation was invited into Ithaca. Mr. Stewart said that the Community Advisory Committee endorses the efforts of the Council tonight authorizing Mayor Conley to sign the contract on behalf of the City. After discussion on Council floor, the following resolution was presented: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that the form of Contract for Sale of Land (draft dated May 21, 1973) between the City and New York State Urban Development Corporation ("UDC") relating to s parcel of land in Block 201; the form of Development Agreement (draft dated August 29, 1973) among the City, UDC, Caldwell Development Corp. , CDC-Ithaca, Inc. , Ithaca Urban Renewal Agency and Rothschild Brothers relating to the central business district of the City; the form of Purchase and Sale Agreement (draft dated August 15, 1973) between the City and UDC providing for the purchase by the City of a parking facility to be located in Blocks 201 and 202 for a purchase price equal to the sum of (a) the purchase price therefor required to be paid by UDC pursuant to Section 3 of a certain Purchase and Sale Agreement relating to such parking facility between UDC and CDC-Ithaca, Inc. and Caldwell Development Corp. (a draft of which dated August 15, 1973 has been presented to this meeting), (b) an amount equal to two percent of such purchase price paid by UDC and (D $50,000; and the form of Operating and Reciprocal Agreement (draft dated July 25, 1973) among the City, UDC, CDC-Ithaca, Inc. and Rothschild Brothers be, and each of them hereby is, approved; and that the Mayor of the City of Ithaca be and hereby is authorized to execute and deliver in the name and on behalf of the City a (pntract for Sale of Land, a Development Agreement, a Purchase and Sale Agreement, and an Operating and Reciprocal Agreement in substantially the form thereof presented to this meeting with such changes therein 122 1 -2- September 12, 1973 as may be approved by such Mayor, with the concurrence of a majority of the Planning and Development Committee of Common Council his execution thereof to be conclusive evidence of such approval; and FURTHER RESOLVED, that the Mayor and other proper officials of the City be, and each of them hereby is, authorized, in the name and on behalf of the City, to deliver to UDC the Deed called for by such Contract for Sale of Land and to execute and deliver all such other agreements and documents and to take all such other action as the Mayor or any such official may consider necessary or appropriate to carry out the terms of such Contract for Sale of Land, such Development Agreement, such Purchase and Sale Agreement and such Operating and Reciprocal Agreement, in each case in the form executed and delivered on behalf of the City, and to expend such sums of money as may be necessary to carry out the actions hereinabove authorized. The question of the adoptions of the foregoing resolution was duly put to vote on roll call, which resulted as follows: Rudolph Saccucci VOTING Yes Anthony F. Spano VOTING Yes Peter J. Wallace VOTING Yes Ethel Nichols VOTING Yes Donald A. Slattery VOTING Yes Nancy R. Meyer VOTING Yes John Gutenberger VOTING Yes Richard Boronkay VOTING Yes Glen H. Schmidt VOTING Yes Anne Jones VOTING Yes Robert L. Boothroyd, Jr. VOTING Yes Stuart Stein VOTING Yes (2) Aldermen Absent - Barber, Henderson Approved by Mayor September 12, 1973 ',Kay 6f f,. Mayor Conley expressed his appreciation to City Attorney Gersh, Alderman,-Jones and Miss Margaret Keane and H. S. Brown of Urban Renewal for their efforts in bringing this project to realization. Mr. J. Amiel of the Urban Development Corporation congratulated the Mayor and Council for the amount of time and effort they put into this project. Mr. Amiel said the Mayor and Council should be commended for holding open meetings and inviting the public to participate. Mrs. Agda Osborn remarked as a City taxpayer she wanted to congratulate the Council on �the action they have taken tonight. Mayor Conley commented that the actual signing of the contracts will take place in Council Chambers Tuesday, September 18, 1973, at 11:00 a.m. Mayor Conley commented that demolition will start the first week in October 1973, with actual construction starting in mid October 1973. BUDGET AND ADMINISTRATION Bond Resolution for a public parking facility located on the north side of East Green Street: At a Special meeting of the Common Council of the City of Ithaca, Tompkins Coupty, New York, held at the Common Council Chambers, City Hall, in Ithaca, New York, in paid City, on the 12th day of September, 1973, at 7:30 o'clock p.m. , Eastern Daylight Saving Time. The meeting was called to order by Mayor Edward J. Conley, and upon roll being called, there were PRESENT: Aldermen: Rudolph Saccucci, Peter J. Wallace, Donald A. Slattery, John Gutenberger, Glen H. Schmidt, Robert L. Boothroyd, Jr. Anthony F. Spano, Ethel Nichols, Nancy R. Meyer, Richard Boronkay Anne Jones, Stuart Stein ABSENT: Aldermen: Donald L. Barber, Helen G. Henderson -3- September 12, 1973 The following resolution was offered by Councilman Donald A. Slattery, who moved_.its_,.a:doption, seconded by Councilman Anne Jones, to-wit: BOND RESOLUTION DATED SEPTEMBER 12, 1973. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,185,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY A PART OF THE COST OF THE ACQUISITION FROM THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION OF A PUBLIC PARKING FACILITY LOCATED ON THE NORTH SIDE OF EAST GREEN STREET IN SAID CITY. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The specific object or purpose to be financed, in part, pursuant to this resolution is the purchase by the City of Ithaca, Tompkins County, New York, from the New York State Urban Development Corporation of a parking; facility for approximately 450 automobiles, located along the north side of East Green Street to the east of City Hall and west of South Aurora Street in air space above the elevation of 48 feet (City of Ithaca Datum) over a horizontal plane measuring approximately 72,171 square feet, together with certain land measuring approximately 11,136 square feet tnmediately to the west of the main body of such facility and • = beneath the northwest corner thereof, and together with a structure to be constructed on a parcel of land measuring approximately 8,712 square feet at the southwest corner of the intersection of East Green Street and South Tioga Street for the purpose of providing vehicular access to a bridge over East Green Street leading to the main body of such facility, all as more particularly shown under the indication "1st Improvement Parcel, City Parking Garage" on New York State Urban Development Corporation Property Disposition Map for Ithaca Shopping Mall, Department Store and Parking Structure dated August 23, 1973 and prepared by Thomas G. Miller, licensed engineer. Section -2. The maximum estimated cost of such specific object or purpose, including incidental expenses in connection therewith, is $2,300,000, and the plan for the financing thereof is as follows: a) By the issuance of $2,185,000 serial bonds of said City, hereby authorized to be issued pursuant to the Local Finance Law; and b) By the expenditure of $115,000 to be appropriated therefor from available current funds, which shall constitute the down payment required pursuant to Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 (a) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on 'such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1) Such bonds are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 124 -4- September 12, 1973 3 Such. ham.::> s-are sutb rized. Av -violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full tt ie' Ithaca Journal, the offic"I newspaper, together with a notice of the City Clerk in substantially the Yoror provided in Section- 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Rudolph Saccucci VOTING Yes Anthony F. Spano VOTING Yes Peter J. Wallace VOTING Yes Ethel Nichols VOTING Yes Donald A. Slattery VOTING Yes Nancy R. Meyer VOTING Yes John Gutenberger VOTING Yes Richard Boronkay VOTING Yes Glen H. Schmidt VOTING Yes Anne Jones VOTING Yes Robert L. Boothroyd, Jr. VOTING Yes Stuart Stein VOTING Yes (2) Aldermen Absent - Barber, Henderson APPROVED BY THE MAYOR September 12th, 1973 /Aayo'r" STATE OF NEW YORK ) ) as: COUNTY OF TOMPKINS) I, the undersigned Clerk of the City of Ithaca, Tompkins County, P1ew York DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Common Council of said City, including the resolution contained therein, held on the 12th day of September, 1973, with the original thetof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Council had due notice of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 12th day of September, 1973. City Clerk PLANNING AND DEVELOPMENT COMMITTEE Resolution to rescind land sold to UDC: By Alderman Jones: seconded by Alderman Schmidt WHEREAS, on January 31, 1973, this Common Council authorized the sale of certain City lands in the Centex-Ithaca Urban Renewal Project to the New York State Urban Development Corporation, and WHEREAS, during the past seven months of negotiating the so-called "Caldwell- Rothschild Project", it has been agreed that less land is necessary for the develop- ment. NOW THEREFORE BE IT RESOLVED: 1. That so much of the resolution adopted by this Common Council on January 31, 1973, approving the sale of City land to UDC be rescinded. 2. That this Common Council authorizes the sale of land as described in attached Exibit A to New York State Urban Development Corporation for a sum of $71,677. 37. Carried (Addition to Controller's Report) OUT OF POCKET EXPENSES LEGAL FEE DISBURSE14ENTS PF,OJECTED ADD. FEE $ 28,000.00 $2500.00 $2500.00 Max Total $33,000.00 40% Park Garage Agreement $13,200.00 60% City $4950.00 4,950.00 URA 4950.00 Rothschilds 4950.00 Caldwell 4950.00 $18,150.00 TRAVEL $7,445.84 To Date 15% City 15% Rothschilds .5% Caldwell 10% General 18.3% City $1,363.00 DISBURSEI4ENTS $435.11 To Date 435.00 Total OPX = $19,948.00 4,950.00 $24,898.00 P 25 -5- September 12, 1973 RESOLUTION CT 1Y iWCHIT CT - CHANGE ORDE By -iQ-dermanr..J,anas: seconded by Alderman c o s WHEREAS, there are provisions in the C-R documents for change orders, in particular, Article 5 of the UDC-Caldwell Purchase and Sale Agreement and Paragraph 5 of the UDC-City Purchase and Sale Agreement, and WHEREAS, there is a general statement in the City's agreement with the City Architect, dated March 21, 1973, concerning the preparation of change orders, WHEREAS, there are change orders which could affect the upset price of the City parking facility and those which fall within the upset price, and WHEREAS, this Council has indicated its dedicated interest in a parking facility in a project complex whose overall aesthetic qualities will be a credit to the community NOW THEREFORE BE IT RESOLVED, that all change orders which exceed the upset price of the parking facility in the C-R development must be submitted by the City Architect to the Director of Development &/or Planning and Development Committee so that the committee may make its recommendation to Common Council at its earliest convenience so that the project will not be delayed, AND BE IT FURTHER RESOLVED, that all change orders which will affect the general aesthetic quality of the parking facility must be reported to the Planning and Development Committee for its report or recommendation to Common Council as the Architect's needs require. Carried W BUDGET AND ADMINISTRATION COMMITTEE RECOMMENDATION FOR CITY NEGOTIATOR: By Alderman Slattery: seconded by Alderman Schmidt WHEREAS, the C.S.E.A. contract with the City of Ithaca is about to expire, and WHEREAS, this contract must be negotiated for the year 1974, NOW THEREFORE BE IT RESOLVED, that this Comm Council hereby authorizes and directs the Budget and Administration Committee to interview, select and retain the services of a professional negotiator or negotiating firm at a fee not to exceed $3,000.00 for purposes of negotiating the entire C.S.E.A. contract on behalf of the City of Ithaca for the year 1974, BE IT FURTHER RESOLVED, that the sum of $3,000.00 be transferred from Account A9040 Workmen's Compensation to Account A1010-407 Contractual Services. Carried RESOLUTION FOR VOTING MACHINE: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that a contract be awarded to Automatic Voting Machine Division, AVM Corporation, for furnishing the City with one new voting machine for the total net sum of $1,818.00 in accordance with the terms of its bid submitted on September 5, 1973. Carried PUBLIC WORKS AND TRANSIT INTERIM PARKING: Mayor Conley commented that he is meeting with the Downtown Merchants to determine the best approach to making an appeal for more parking in the downtown area. He is also meeting with Jack Dougherty to determine what part the City's Transit System will play during the parking shortage. Alderman Stein asked if any action had been taken on the City Hall parking lot. Alderman Spano reported that the parking lot alongside City hall had been referred to the BPW Parking, Traffic and Transit Committee for recommendation. Alderman Stein requested that this committee considers utilizing the bus system during the interim period between now and Christmas possibly free bus rides to and from the downtown area, to reduce parking downtown. CHARTER AND ORDINANCE COMMITTEE SIGN ENCROACHMENT: No report COMMUNICATIONS: Mayor Conley read a letter of Resignation from Board of Public Works Commissioner, William S. Downing, effective September 15, 1973. Mayor Conley read a letter of Resignation from Alderman, Helen G. Henderson, effective Friday, September 30, 1973. 126 -5- September 12, 1973 On a motto- tba adiotmi at 9:07 p.m. and Council went into Executive Session. EXECUTIVE SESSION: The Council discussed the negotiations with Architect Levatich - Miller - Hoffman. On .a motion the meeting in Executive Session was adjourned at 9:47 p.m. PWAW Josep A. Rundle, City Clerk Edward/ . Conley mayibr op .............. _ 127 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEtd YORK Regular Meeting 7:30 p.m. October 3, 1973 PRESENT: Mayor - Conley Aldermen (lh)' .- Boothroyd, Barber, Bordnkayy,, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace. OTHERS PRESENT: City Attorney - Gersh Superintendent of Public.Works - Dingman City Controller - Daley Coordinator-Youth Director - Cutia Building Commissioner - Jones Fire Chief - Weaver Planning Director - Van Cort Urban Renewal Administrator - Brown In the absence of City Clerk Rundle, Controller Daley was designated Acting City Clerk. All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS STEPHEN C. BROCK APPOINTMENT: Common Council took action to fill the vacancy of Alderman for the Seventh Ward caused by the resignation of Mrs. Helen Henderson. Alderman Stein nominated Stephen C. Brock., residing at 919 East State Street for appointment. The nomination was seconded by Alderman Nichols. Alderman Boronkay nominated Jerome B. True residing at 28 Cornell Street for appointment. The nomination was seconded by Alderman Wallace. By Alderman Wallace: seconded by Alderman Barber RESOLVED, That the nominations be closed. Carried Acting Clerk Daley polled the Alderman by secret ballot which resulted in seven votes being cast for Mr. Brock and six votes for Mr. True. Mayor Conley declared Mr. Brock duly appointed to fill this vacancy for the term ending December 31, 1975, and welcomed him to membership on the Common Council. Mr. Brock took the oath of office which was administered by Mayor Conley. Mr. Brock was' then seated and participated in the balance of the meeting. MRS. HELEN G. HENDERSON LETTER: By Alderman Stein: seconded by Alderman Boothroyd RESOLVED, That this Common Council sends, a letter of appreciation to Mrs. Helen G. Henderson for serving over two and one half years with great interest and great diligence. Carried MINUTES: Mayor Conley asked the approval of the minutes of the September 5 and September 12, 1973, meetings. Alderman Jones and Alderman Stein asked that the minutes of the September 5, 1973, meeting not be approved until certain corrections are made. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That the minutes for the September 12, 1973, meeting be approved as recorded by the City Clerk. Carried COt1MUNICATIONS LETTER TO COUNCIL FROM THE TOMPKINS COUNTY BAIL FUND REGARDING REVENUE SHARING: By Alderman Boothroyd: seconded by Alderman Schmidt RESOLVED, That thit letter;be referred to the Revenue Sharing Sub-committee. Carried LETTER TO COU14CIL FROM ARDEN 11ANDLER, A MEMBER OF THE ITHACA TENANTS UNION: Requesting that Revenue Sharing mot#ay.be used by Building Commissioner Jones to hire an attorney to prosecute cases of landlord malpractice. By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That this letter be referred to the Revenue Sharing Sub-committee. Carried -2- October 3, 1973 Acting Clerk Daley read a petition.directed to Common Council from the Maple Hill Apartments requesting bus service for the children attending Belle Sherman School. By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That this petition be referred to the Public Safety Committee for their consideration. Carried Acting Clerk Daley read a letter to the Council from the City School District requesting the use of an additional portion of the Tin Can for a secondary school instructional program. By Alderman Jones seconded by Alderman Boronkay RESOLVED, That this letter be referred to the Human Services, Planning and Development and the Budget and Administration Committees. Carried Acting Clerk Daley read a letter to the Transportation Committee of Common Council from Helen M. DeGraff, 122 West Haven Road. Her letter requests that the City Bus System try scheduling the bus routes so that more persons who work can use them. By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, That this letter be referred to the Public Works and Transit Committee. Carried Acting Clerk Daley read a letter from the Tompkins County Chapter of C.S.E.A. to Mayor Conley requesting that they be the sold bargaining unit for all employees in Unit 4 and 5. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That this letter be referred to the Budget and Administration Committee. PERSONS APPEARING BEFORE COUNCIL Carried JASON PANE - DeWitt Park Apartments appeared before the Council. Mr. Pane remarked that he wished to pass on to Council some thoughts that he had regarding the proposed downtown pedestrian mall and submit them to Council for their consideration. Following the time when he read about the initial proposals in the newspaper, and primarily because he has an interest in the downtown State Street area. Mr. Pane said he undertook in his office to make a study of various shopping malls and closed pedestrian malls to see what factors were important to the success of these malls, so that whatever effect he could have, Ithaca could benefit by them. Mr. Pane said that in the course of his study there were five key factors which contributed to the success of the mall as follows: 1. Closing off the mall street to traffic so that pedestrians could cross the street at will, and not be afraid of getting hit by cars. It also facilitates the retail trade on both sides of the street. 2. Continuing program to attract people into the mall area, such as concerts, square dances, art exhibits and fashion shows. This is very important in order to draw people into the area. 3. Weather is a very important factor. 4. Promotion in the form of radio and newspaper advertising. 5. Architectural things to make the area pretty, the planters, the street furniture, the signs and the -directories. Mr. Pane said we have had two recent events in the downtown area which seem to validate this conclusion. The first was an enormously successful sidewalk sale that we had in the downtown area. The second event that we had that brought a big: crowd in the street was when the street in front of the Clinton House was blocked off for a rock band concert. Mr. Pane said the conclusion that he arrives at is assuming we go ahead and have a mall, is that whatever financial commitment, man power resources commitment, or whatever else we are going to make to a all, that we should place our effort and resources where the results are going to come from. If we do a program where we spend some large amounts of money on architectural features, but have not backed this up with continuing programs, then we are doing what he feels is a low priority item, and bypassing the high priority item. Mr. Pane said he felt we would be better off to spend alot le ss,money on the fixed features, and take the same amount of money we would otherwise commit, invest this and get a continuing income to support these continuing programs. Mr. Pane suggested that if the City proceeds with the project that they spend alot less on the physical facility, and allow alot more for the continuing programs. 19 -3- October 3, 1973 KITTY COLBERT - 140 west State Street, speaking for the Ithaca. Tenants Union. The housing problem in Ithaca merits everyone's concern. Several major tenant complaints come in to them everyday, these come from all areas of the City. Complaints come in to the Building Commissioner the Health Department, the Dean of Students of off-campus housing at Cornell and to the Legal Aid Society. It is surprising to find that the residents of Ithaca live in substandard housing, without heat or hot water, with malfunctioning stoves and refrigerators, with leaky roofs, with toilets that do not flush, and with poor wiring. It is shocking to learn that these human abuses occur regularly. Mayor Conley has said that over seventy five percent of the collegetown housing could be condemned tomorrow, if there were adequate code enforcement. This enforcement is possible and necessary. In addition to environmental abuses, tenants .much endure financial abuses as well. Rents have continued to rise over the past several years. This is particularly painful to residents of Ithaca with fixed incomes, a great portion of Ithaca residents. While rents make Ithaca one of the highest cost living areas in New York State, Tompkins County residents continue to earn less than the state average. There are several causes for the deteriorating housing situation. Cornell University continues to increase enrollment and Cornell students are forced to flood the housing market causing a housing shortage; therefore, tenants must face the problem of landlords who subscribe to the law of supply and demand, and subsequently jack up their rents. Secondly, the housing code enforcement in the City has been so lax, that the Building Commissioner has managed to bring only one landlord to © court within the last five years. It is understood that this is in part due to the lack of adequate funding and personnel in the Building Department. If the City ,y continues to leave landlords unchecked, the quality of housing will continue to erode, and rents will continue to go up. Presently, the law provides the landlord with legal recourse to air his grievance against the tenant. However, there is little legal recourse for the tenant where the landlord does not meet his responsibility. In order to deal with this deteriorating housing situation in Ithaca, the Tenants Union makes the following proposals to Common Council. 1. Ithaca needs an enforceable housing code backed by an adequately staffed and financed Building Commissioner. 2. The City of Ithaca needs to take control of rents. Possibilities for achieving this are: a. A home rule bill authorizing the establishment of a rent control board in Ithaca. b. Requiring Cornell University and Ithaca College provide adequate housing for their students without further displacement of local residents. c. The City adopt an ordinance allowing tenants to withhold all or part of their rent to make necessary repairs, if such repairs are not made within two weeks of notification to the landlord. Members of the Union will be more than happy to assist Common Council in implementing these proposals, and to answer any questions. Mr. Stephen Karr and Kitty Colbert of the Tenants Union answered several questions from the Councilmen. ALVIN KNEPPER - 100 Fairview Square appeared before Council. Mr. Knepper said he was appearing before Council to talk about a very serious matter - the slum lords here in Ithaca. These young people were very mild in their statement. Mr. Knepper said he has seen some of the things which they had at the storefront when he did his research, and he was shocked as everyone would be if they went around town and saw some of the things. Now, it's things like the Tenant Union's presentation which must be investigated and stopped or we will be contributing to the development of a ghetto, which is already well underway in our City, which can only breed more crime, violence and other major problems. Yes, Cornell University and Ithaca College must take a large part of the blame for this situation. They simply have become heartless in caring about their own students, and forgot their responsibilities to them and toward good citizenship for this community, as they continually increased their enrollments. Money, money and more money is one of the main root causes for the problem as this entire area which is deteriorating before our eyes as our neighbors move out and the boarding houses move in. Mr. Knepper said he is for a fair profit for landlords; he is also for Cornell University and Ithaca College getting a larger student body so by head count of students they can draw funds from state and federal treasuries as private institutions, but he cannot, and the people should not tolerate avarice at the expense of other human beings, and the ruination of some of our most beautiful homes and neighborhoods on East Hill and other areas. He also pointed out that it has something morally to do with the Judeo-Christian Ethic, in 1- 30- -4- October 3, 1973 relation to mans inhumanity to man. Mr. Knepper said he realizes that most, if not all of the City's golden eggs have been placed in the Downtown Development basket, for the benefit of merchants, planners, developers and etc. But we must find some balance of expenditures of public funds to help our fellow citizens who are in dire need. The following suggestions can become the basis upon which you can build strong codes and efficient administration of them right here in City Hall. Mr. Knepper said the statements presented by the Tenants Union from his research, does have substance and credibility, and should be looked into immediately before- the lobbies bring pressure to this legislative body to bury them in time as they continually have done in the past. For the last eight yearshe has seen this kind of a presentation made in the Ithaca Journal, on the radio and somehow it dies, and never comes up. Mr. Knepper said this has got to stop and made the following sug- gestions: 1. In order to have a more effective Building Department in the City, it is necessary first that the Building Code, the Housing Code and the Zoning Code be brought together, that the language used is the same and have the same meaning. 2. Effective and immediate action by the Legal Department of the City in processing and bringing to court all complaints of the Building Department. 3. A line budget should be set up so that the funds for the Building Department to accomplish the corrective measures of violations as outlined in the Charter Laws be accomplished. 4. The personnel of the Building Department should be increased, so that inspection service of housing and structures may be performed on a shorter routine time schedule, than now used. The number of structures in the City cannot be inspected more often than once in five or more years. Many changes in ownership of property and use can. take place without the Building Department's knowledge. Mr. Knepper remarked to the Aldermen that this was their opportunity to help human beings. These young men and women are sent here by their parents with trust to this Pow community and we owe them something. Mr. Knepper said he had nothing to gain by this presentation. This is 1973, and this should not be allowed to go on from year to year without corrective measures being taken. He implored the Council to do something tonight as a start to correcting this blight in our City. KATHY VALENTO from the League of Women Voters of Tompkins County appeared before Council. Mrs. Valento remarked that the League of Women Voters of Tompkins County have supported cooperation in the area of recreation for many years. We have not been able to present a study of the proposed merger to our membership of the new G.I.A.C. , so we cannot support or oppose this proposal. Mrs. Valento said they would like to bring to the Council's attention some of their concerns. 1. This proposal seems to imply that this is the beginning of a City County recreation commission, and that more state money will become available. In order for this to happen, however, an association of Town, City and County must be formed. The proposed G.I.A.C. and Youth Bureau format for a county commission might not meet the approval of the various town governments. 2. No mechanism- for merging the C.I.A.C. and the Youth Bureau has been set up to assure the efficient and satisfactory operation of this new or enlarged board so they can establish policy and aid in administering the program. It seems to put the cart before the horse by drawing up a budget before it merges these two boards. 3. The question of why the Tin Can would serve as the main office for both the recreation and youth development department, when one of the reasons for the merger is the need for a director at G.I.A.C. Mrs. Valento commented on the budget, and said that several benefits would be derived from this proposed merger. The G.I.A.C. employees would become City employees, allowing them fringe benefits and greater ,job security. It would tend to promote a good mix of community children and adults in a central recreational facility. In conclusion, the league supports the coordination and cooperation between agencies and governmental units. We- support the concept of a county commission, but it should be structured to assure local involvement in funding and program input. The proposal before the Council should be considered strictly as a Youth Bureau'G.I.A.C.. merger. A proposal for a county recreation commission should be considered separately. 13 -5- October 3, 1973 JERRY TRUE - 28 Cornell Street appeared before Council. Mr. True said he wished to thank the Councilmen who voted for him. He wished the best of luck and congratulations to Stephen Brock, newly elected Alderman of the Seventh Ward. Mr. True commented on the housing problem. He said there is a continual problem with insurance agents on getting insurance on some of these buildings. Many of the buildings are not insured properly. They are not insured properly because of fire insurance problems, so the owner is going to sustain a loss if he does have a fire. The liability insurance on many of these buildings is not proper, should there be a loss, liability suits probably would be filed against the owner by many innocent victims who could not get proper recourse against the owner. This is a very serious problem and should be taken into consideration. MR. DAN HOFFMAN - 415 Elm Street appeared before Council. Mr. Hoffman remarked that he was speaking as a member of the group of environmentally concerned citizens who have been studying for several months the effect of the proposed Treman State Park Marina. Mr. Hoffman said his group was disappointed to say the least at the decision by the Environmental Council that the Marina should be constructed. His statement tonight concerns Common Council's reaction to this report. Our group feels that the construction of the Marina and the decision making process that led up to it raises serious questions that are still unresolved, for example: O 1. What is the justification for spending two and a half million dollars in public funds, for a project that will benefit primarily only three hundred and fifty boat owners? 2. Why has there been no environmental impact statement, although the National Environmental Policy Act of 1970, required that any project involving federal funds must file such a statement? 3. Why have citizens had no opportunity to influence or affect the decision such as a referendum or even a public hearing? A large number of citizens have already made public their opposition to the Marina. In view of these unresolved issues, we have some questions for Common Council: 1. Have menbers of the Council made any evaluation of their constituents, feelings about the Marina? 2. Has Council done any studies to consider the effects of the Marina on such areas as traffic congestion in the west end, the city's entire recreational scheme and future development or use of the Inlet area? Mr. Hoffman said that his group suggests that Common Council not endorse the Environmental Council's decision, until there is further study of legal, social and environmental implications of the Marina. BUILDING COMMISSIONER, EDISON JONES appeared before Council and said that he wanted to go on record as supporting wholeheartedly Mr. Knepper's recommendation to strengthen the Building Department. Acting Clerk Daley read a letter addressed to the Building Commissioner from several residents in the Cobb and Mitchell Street area of East Hill. The letter requested an immediate investigation of violations at 105 Cobb Street and 702 Mitchell Street. RESOLUTION OF COMMENDATION: By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That this Common Council expresses its commendation and gratitude to Dr. Alvin Knepper for his excellent presentation on substandard housing in the City of Ithaca, and for his suggestions for revising the Housing, Zoning and Building Codes also we express our commendation to Building Commissioner, Edison Jones, for his fine efforts on behalf of the City. Carried Alderman Barber commented that he has received many complaints regarding 417 Hook Place. The owners have moved to Saratoga Springs and have rented the house to students. They have been informed by Building Commissioner Jones that they are violating an R-1 Zone. A tent has been erected in the backyard and more students are living in the tent. Alderman Barber said he wanted to go on record that he asked the City Attorney to take this case to court as a test case. He said we should enforce the laws or forget them. -6- October 3, 1973 Attorney Gersh commented on the legal aspects of the code enforcement. Attorney Gersh suggested a full time Attorney to handle these cases. COMMUNICATIONS FROM THE MAYOR: APPOINTMENT OF FIRE COMMISSIONER: Mayor Conley appointed Kenneth Decker of 132 Fayette Street as Fire Commissioner to replace Robert W. Cook, term to expire June 30, 1974. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That appointment of Kenneth Decker as Fire Commissioner by Mayor Conley•be approved. Carried APPOINTMENT TO THE YOUTH BUREAU ADVISORY COUNCIL: Mayor Conley appointed Lou Witthiam to the Youth Bureau Advisory Council replacing David Terry, term to expire December 31, 1973. CITY ATTORNEY'S REPORT ACTING CITY JUDGE AMENDMENT: Attorney Gersh reported that he-will present the amendment at the next Council meeting. CALDWELL-ROTHSCHILD PROJECT: Attorney Gersh reported that the Caldwell-Rothschild xrpject continues to move along. Caldwell-Rothschild is conferring with their lenders showing them the title report, and expect to hear back within a matter of weeks. The City is continuing to work out minor details of the project. Attorney Gersh commented that he has received no report from City Prosecutor Tavelli regarding the prosecution of a landlord in City Court. PUBLIC WORKS COMMITTEE: INTERIM PARKING: Alderman Spano reported that his committee is working on the lAterim parking problem. TR IC STUDY: Alderman Spano reported that the traffic study is still in committee. BUDGET AND ADMINISTRATION BUILDING COMMISSIONER RESOLUTION: By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That the Budget and Administration Committee authorizes and directs the Building Commissioner to pursue alleged violations at 108 W. Lewis Street, 417 Hook Place, 105 Cobb Street and 702 Mitchell Street using a sum of money in contractual services in his budget pursuing these as a civil action rather than a criminal action. Carried (a) Transfer of Funds Transfer of Funds-Department of Public Works: By Alderman Slattery: seconded by Alderman` Boothroyd RESOLVED, That the Amount: $729.91 be transferred From . Sewer Contingency G1990 To . South Aurora Street Bridge Sewer Repair Reason: Job completed, this amount needed to close out account. Carried r By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the Amount: $989.04 be transferred From Contingency A1990 To Bus Operations A5630-418 Equipment Maintenance Reason: To repair bus damaged by fire. Insurance check has been received by Finance Department. Carried -7- October 3, 19i3 By Alderman Slattery: seconded by Aluermar., Schmidt RESOLVED, That the Amount: $5,500 be transferred From . Contingency A1990 To : Hall of Justice A1620B-407 Contractual Services Reason: To replace heater boiler Carried By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Amount: $7,550 be transferred From . Van Natta Pump Station F8320-101 Personal Services $650 Water Contingency F1990, $3,800 Sewer Contingency G1990, $3,100 To . Regency Lane Pump Station F8320 Personal Services $300 Buffalo St. Pump Station G8120 Personal Services $250 Renwick Heights Pump Station G8120 Personal Services $100 Shop & Equipment F8310, Gas & Oil $3,300 G8110, $2,740 Sewage Treatment Plant G8130, Gas & Oil $260 Filtration Plant F8330, Telephone $300 Ma.int. of Standpipes F8340, Telephone $200 Sewage Treatment Plant G8130, Telephone $100 Reason: 1. Cover overtime at pump stations-Regency & Renwick are reimbursable 2. Insufficient funds for gas. State contract up 27% Sept.l 3. Increase cost of telephone services Carried Transfer of Funds-Civil Service Commission: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the request to transfer $200 from Contingency Account A1990 to Account A1430-433 Travel & Mileage be denied. The establishment of such an account to be considered in the 1974 Budget. Carried (b) CYO Property_: The Catholic Youth Organization has agreed to extend the option for purchase of their lands until March 31, 1974. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the Mayor and City Clerk are authorized and directed to execute an extension of the option to purchase the CYO property until March 31, 1974. Carried (c) Raymond A. DiPasquale & Assoc. Bill: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the bill in the amount of $487.50 submitted by Raymond A. DiPasquale and Associates be approved for payment. Carried (d) City Hall Office Hours: Section 2-7 of the Code of Ordinances establishes City Office hours of 8:00 a.m. to 4:00 p.m. June 1 thru September 30; and 9:00 a.m. to 5:00 p.m. from October 1 thru May 31. The shifting of hours continues to be confusing to the general public, therefore, it is recommended that the hours for City Offices be constant. By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That Section 2-7 of the Code of Ordinances be rescinded, and BE IT FURTHER RESOLVED, That the following "NEW`/ Section 2-7 be approved: "All city offices shall be closed for the transaction of business on Saturdays, Sundays and all legal holidays; and on all other days said offices shall be kept open for the transaction of business from 8:00 a.m. to 4:00 p.m. daily." After discussion on the Council floor the original motion was withdrawn and referred back to the Budget and Administration Committee for further study to include Section 2-7 of the Code of Ordinances, and that this item be removed from the Charter and Ordinance Agenda. 17. 3 ie) Creo_tf to ^_F_dN A 7o+inist?-atib�. �cc:� t—ate °QSZ ri an: �Gti�'�.ag recent years there has been a great deal or discussion concerning the need for a higher classifi- cation of stenographer than Senior Stenographer. In 1967 Common Council requested the Civil Service Commission to create an Administrative Secretary position, which they approved on February 20, 1967. More recently, a Senior Stenographer filed a grievance for working above her classification, again pointing out the apparent need for a higher classification. It is recommended that the position of Administrative Secretary, as approved by the Civil Service Commission be created. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the City of Ithaca hereby creates the position of Administrative Secretary with a salary range of $6,414-$9,358 per annum. AYES: 13 NAYS: 1 - Wallace Carried (f) Civil Service In the past there has been concerns voiced about an apparent duplication of the same function by the three major taxing jurisdictions (City of Ithaca, Tompkins County and Ithaca School District) in the area of Civil Service. It is recommended that on the basis of economy and efficiency that this matter be studied. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Mayor be requested to appoint a committee of this Common Council to discuss with the Ithaca School District and Tompkins County, the possibility of Tompkins County handling all Civil Service matters. Carried (g) Chamber of Commerce: At the September 5, 1973, Common Council meeting Mr. Ralph Jordan, Executive, Vice-President, of the Chamber of Commerce requested additional funds from the City of Ithaca. By Alderman Slattery: seconded by Alderman Schmidt <t RESOLVED, That the contract with the Chamber of Commerce be amended to increase the original amount of $2,000 to $2,500. Carried (h) Overtime: Sec. 8-31 of the Code of Ordinances requires prior approval for overtime payments to employees. During the year compensatory time is granted the employee for overtime work hours, , however, it is difficult during this time of year to grant time off in the Finance Department. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the City Controller be authorized to make overtime payments, at straight time, to employees of the Finance Department. Carried (i) Appraisers Bill: At the September 1, 1973, Common Council meeting Council authorized $100 for payment to an appraiser of the property on Spencer Road. The appraiser's fee was $125. By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That an additional $25 be paid to Mr. Clo J. Calistri for the appraisal of the Right-of-way at 312 Spencer Road. Carried By Alderman Slattery: seconded by Alderman Boothroyd The following is a suggestedacceptable form of resolution authorizing the filing of an application for and acceptance of a federal grant for the construction of necessary sewage treatment works, under the federal water pollution control act, as amended. WHEREAS, The City of Ithaca herein called the "Applicant," has hereby determined that the construction of certain works, required for the treatment of sewage, generally described as Fourth Street Sanitary Sewer herein called the "Project," is desirable and in the public interest. WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making of grants to aid in financing the cost of construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and .aj -9- October 3, 1973 WHEPZ,.Ac„ tit has examined and duly corsidrYe-d s-id Act, as amended and the Applicant deems it to be in the public interest and to the public benefit to file an application under this Act as amended, and to authorize other action in connection therewith; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Ithaca, New York, the governing body of said Applicant, as follows: 1. That the construction of said Project is essential to and is in the best interests of the Applicant. 2. That Richard M. Daley, City Controller, be hereby authorized to file on behalf of the Applicant an application (in the form required by the United States and in conformity with the Act as amended) for a grant to be made by the United States to the Applicant to aid in defraying the cost of construction of the sewerage treatment works described above; 3. That if such grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of the grant; 4. That if such grant be made, the Applicant agrees to make provision satisfactory to the United States Environmental Protection Agency for assuring proper and efficient operation and maintenance of the treatment works after completion of the O construction thereof; .'T 5. That the said Richard M. Daley, City Controller, is hereby authorized to accept .a any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant and 6. That the said Richard M. Daley, City Controller, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any requirements of any Federal grant which may be made; 7. That certified copies of this resolution be included as part of the application to be submitted to the United States, for a grant. Carried By Alderman Slattery: seconded by Alderman Boothroyd The following is a suggested, acceptable form of resolution authorizing the filing of an application for and acceptance of a federal grant for the construction of necessary sewage treatment works, under the federal water pollution control act, as amended. C36-267 WHEREAS, The City of Ithaca herein called the "Applicant," has hereby determined that the construction of certain works, required for the treatment of sewage, generally described as Sludge Dryer and Building herein called the "Project," is desirable and in the public interest. WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making of grants to aid in financing the cost of construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith;and WHEREAS, the Applicant has examined and duly considered said Act, as amended and the Applicant deems it to be in the public interest and to the public benefit to file an application under this Act as amended, and to authorize other action in connection therewith; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Ithaca, New York, the governing body of said Applicant, as follows: 1. That the construction of said Project is essential to and is in the best interests of the Applicant. 2. That Richard M. Daley, City Controller be hereby authorized to file on behalf of the Applicant an application (in the form required by the United States and in conformity with the Act as amended) for a grant to be made by the United States to the Applicant to aid in defraying the cost of construction of the sewerage treatment works described above; 136 -10- October 3, 19.73 3. That if such grant be made, the Applicant agrees to pay all the refraining cost of the approved Project, over and above the amount of the grant; 4. That if such grant be made, the Applicant agrees to make provision satisfactory to the United States Environmental Protection Agency for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; 5. That the said Richard M. Daley, City Controller is hereby authorized to accept any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant and 6. That the said Richard M. Daley, City Controller, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any re- quirements of any Federal grant which may be made; 7. That certified copies of this resolution be included as part of the application to be submitted to the United States, for a grant. Carried By Alderman Slattery: seconded by Alderman Boothroyd The following is a suggested, acceptable form of resolution authorizing the filing of an application for and acceptance of a federal grant for the construction of necessary sewage treatment works, under the federal water pollution control act, as amended. C-36-55 WHEREAS, The City of Ithaca herein called the "Applicant," has hereby determined that the construction of certain works, required for the treatment of sewage, generally described as The Sewage Treatment Plant herein called the "Project," is desirable and in the public interest. WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making of grants to aid in financing the cost of construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and WHEREAS, the Applicant has examined and duly considered said Act, as amended and the Applicant deems it to be in the public interest and to the public benefit to Mean application under this Act as amended, and to authorize other action in connection therewith; NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Ithaca, New York, the governing body of said Applicant, as follows: 1. That the construction of said Project is essential to and is in the best interests of the Applicant. Z. That Richard M. Daley, City Controller, be hereby authorized to file on behalf of the Applicant an al*licatfon (in the form required by the United States and in conformity with the Act as amended) for a grant to be made by the United States to the Applicant to -aid in defraying the cost of construction of the sewerage treatment works described above; 3. That if such grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of the grant; 4. That if such grant be made, the Applicant agrees to make provision satisfactory to the United States Environmental Protection Agency for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; 5. That the said Richard M. Daley, City Controller, is hereby authorized to accept any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for" the grant and ' -11- October 3, 1973 6. That the said Richard M. Daley, City Controller, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any requirements of any Federal grant which may be made; 7. That certified copies of this resolution be included as part of the application to be submitted to the United States, for a grant. Carried k. Audit: By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $15,050.04 as listed in Audit Abstract #10-1973 be approved for payment. Carried HUMAN SERVICES COMKITTEE G.I.A.C. MERGER WITH ITHACA YOUTH BUREAU RESOLUTION: By Alderman Nichols: seconded by Alderman Wallace WHEREAS, The Board of Directors of the Greater Ithaca Activities Center has formally requested to be merged with the Ithaca Youth Bureau for the purpose of providing more services to a larger clientele, and W WHEREAS, the Youth Bureau Advisory Board has formally accepted the request to assume the expanded responsibilities of managing the Greater Ithaca Activities Center, and WHEREAS, It is clearly understood by all parties concerned that the Greater Ithaca Activities Center is and will continue to be financially capable of paying the additional costs to the Ithaca Youth Bureau that will result from the proposed merger, NOW THEREFORE BE IT RESOLVED, That this Common Council does hereby authorize the City Attorney to negotiate with the attorney for the Greater Ithaca Activities Center a contract that will bring about the desired merger at the earliest possible date. Carried Mayor Conley remarked that newly elected Alderman S;ephen Brock would be appointed to the same committees that former Alderman Helen G. Henderson served on; Charter and Ordinance and the Public Safety Committee. PLANNING AND DEVELOPMENT CALDWELL-ROTHSCHILD PROJECT COMFORT STATION: Alderman Jones presented a letter to Council addressed to City Attorney Gersh from First Ithaca Corporation Attorney Bruno A. Mazza, Jr. as follows: Dear Mr. Gersh: I understand that a letter has gone to the officers of First Ithaca Corporation with respect to the City's repurchase of the Comfort Station and the fact that you are going to propose to the Ithaca City Common Council the matters which we discussed on the night of September 17, 1973, in your office and in the Mayor's office prior to the signing of the agreements on September 18, 1973. At the meeting in the Mayor's office, the Mayor was present, Ann Jones was present, and at that time the entire situation was laid out with reference to the specific problem involved. This problem arises with respect to the Common Council's agreement as per correspondence, etc. wherein the City agreed to re- purchase according to the terms and conditions of the agreement dated March 5, 1958 which provided for the repurchase. Inasmuch as the City of Ithaca by action of the Common Council did agree to repurchase under the terms and conditions of the March 5, 1958 agreement, any complications with respect to the enforcement or breach of the March 5, 1958 agreement are solely as the result of the action of the Common Council and in no way are to be considered the doing of First Ithaca Corporation. L -12- October 3, 1973 First Ithaca Corporation has been and is now ready, willing and able to deliver a deed to this area pursuant to the action taken by the Common Council to repurchase the same, I would be glad to meet with you for the purpose of closing this matter and wish to advise that we have given formal notice to Newberry's (McCrory's) to the fact that under the terms and conditions of their lease which incorporated the March 5, 1958 agreement by referemce, that we did receive notice from the City of its intent to repurchase and thsit`ty reason thereof their tenancy would terminate upon the closing of title. Please advise the date of closing and we uIll-assist in every way in the termination of the lease agreemem which by its terms will terminate. Very truly yours, Bruno A. Mazza, Jr. City Attorney Gersh explained to Council the background regarding the letter. In 1958 a corporation controlled by Rothschilds wished to purchase an annex to the Newberry's building which had been used as a municipal comfort station.At that time the City was planning to put parking in this area. The City Attorney at that time entered into an agreement with Rothschild Corporation agreeing to sell the comfort station, but if at any future date the City wants to use this area fore parking the City has the right to repurchase it; to be repurchased on a formula of $12,000, plus improvements that have been made over the years and minus depreciation. In October of 1972 the Council authorized not formally, the purchase of this comfort station as part of the Caldwell-Rothschild Project. Attorney Gersh said he started communications with the Attorney for the Corporation, Mr. Mazza with many" letters,finally resulting in a resolution of January 1973, in which Council specifically authorized the purchase of the comfort station. Further negotiations were made and a price of $15,960 was agreed upon, and Rothschild Corporation accepted. In June of 1973 Newberrys was notified that they would have to moue by Rothschild. It is now October, and Attorney Gersh said he feels a reasonable time has been afforded to Newberry's (McCrory's) to effectuate this move. The evening before the signing of the documents Rothschilds and Mr. Mazza raised the possible problem of McCrory's raising the objection that the City cannot exercise its option because we are not using that for parking according to the 1958 plan. We are using it for parking according to a new plan. This possible &oblem had not been raised prior to the night before the signing. The contracts were signed and Mr. Gersh assured Mr. Rothschild and Mr. Mazza that he would bring this matter before Council. Attorney Gersh said that he asked Mr. RothschilA and Mr. Mazza to appear before Council and make a presentation to Council. Or. Gersh commented that as he understands it, they feel that they want the City to agpe,e to indemnify Rothschilds for any money which they have to pay to McCraw►'s (Newberrys) as part of the move. The basis for this, is that if McCrory's gets technical and states that their lease is not rightfully terminated`becau the City is not exercising its option according to the 1958 plan, then Rothschilds might have to assist them financially in their relocation to get them to move. Assisting them in moving includes installing a new wash room for their employees and a relocated conveyor system. Rothschilds feels that if this is necessary, they want the City to reimburse them for any expense that may be involved. Mr. Gersh told Council that McCrory's had not made this request, but Mr. Rothschild wanted to protect himself in the event this happened. Mr. Gersh gave his legal opinion that the City would stand a better than average chance of beating any attempt to allege that we are not properly exercising our- option, and accordingly, that the lease between Rothschild and McCrory's does in fact terminate. Mr. Gersh commented that even if their is some expense involved, that Rothschild should bear all or a portion of the expenses. The reason is that 4this possible problem was not brought to our attention in January, when Rothschilds was n�ified" officially that we were interested in purchasing the property. Attorney Gersh remarked that the Council had three alternatives. The first is to agree :o indemnify Rothschild for any expense incurred. The second alternative is to-agree to share with Rothschild and McCrory's the expenses. The third is to take no action. After discussioh on the Council floor, no action was taken on this matter. L c. -13- October 3, 1973 MEM02PN'771 OF UNTD3RST.Au 1rNG: Alderman Jones gave a prohress report on the memorandum of understanding dated September 18, 1973. SALE OF WHITING PROPERTY: By Alderman Jones: seconded by Alderman Spano WHEREAS, A request for the purchase of said piece of land at 312 Elmira Road has been received and an upset price of $625.00 has been established, and WHEREAS, The Board of Public Works has advised that this piece of land is not needed for City purposes and recommends its sale and, WHEREAS, The Planning Board has recommended the sale of this property, and WHEREAS, Both Boards have recommended the exchange of triangles of City owned and Whiting owned property at this same address (these being appraised to be of equal value) NOW THEREFORE BE IT RESOLVED, That the Mayor and the City Clerk be and are hereby 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, and BE IT FURTHER RESOLVED, That the City Attorney be authorized to proceed with the necessary documents to effect the exchange of the parcels of land at said property. Carried By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the City Clerk be directed to advertise for the sale of the property. O Carried PRIMARY HEALTH CARE: Alderman Jones reported that copies of the report had been given to each Alderman. By Alderman Jones: seconded by Alderman Schmidt RESOLVED, That this matter be referred to the Human Services Committee. Carried ITHACA MALL REPORT: Alderman Jones reported on the request for additional study on peripheral street circulation to supplement downtown traffic study and the need for an economic consultant to help in determining benefit districts. By Alderman Jones: seconded by Alderman Nichols RESOLVED, That the matter of an economic consultant and a legal advisor be referred to the Budget and Administration Committee. Carried By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the matter of a traffic consultant be referred to the Budget and Administration Committee. Carried MANCM PROPERTY RESOLUTION: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, The Planning and Development Committee is concerned by the Board of Public Works action on September 26 and its possible effect upon the total park development, and WHEREAS, The Inlet Park Committee has not yet acted upon the Mancini matter as requested, and WHEREAS, Charles Dunlop, from the Finger Lakes State Park Commission, is investigating the legality of the City's giving access from a state park facility and is asking that the City do the same, NOW THEREFORE BE IT RESOLVED, That Common Council request further investigation of the legality of any City action affecting state park facilities (specifically related to the Mancini property) be carried out by the City Attorney in conjunction with the Planning Director, the Superintendent of Public Works, the Inlet Park Committee Chairman and the Mayor. Carried PUBLIC SAFETY COMMITTEE SPECIFICATIONS FOR POLICE COMMISSIONER: No report ABANDON VEHICLES: No report CLOSED CIRCUIT TELEVISIO14: Alderman Gutenberger reported that specifications have been completed, and bids will be advertised. MOTOR SCOOTER FOR POLICE DEPARTMENT: Alderman Gutenberger reported that a bid has been received for a motor scooter. REVENUE SHARING SUB-COMMITTEE: Alderman Boronkay reported that his committee is holding meetings and processing request for Revenue Sharing money. On a motion the meeting was adjourned for approximately two weeks at 11:19 p.m. 140 -14_ CO!d4ON COUNCIL PROCEEDINGS Adjourned Meeting 7:30 p.m. October 17, 1973 PRESENT: Mayor - Conley Aldermen (13) - Boothroyd, Barber, Boronkay, Brock, Jones, Meyer, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace & Alderman Nichols - (arrived at meeting 9:45 p.m.) ABSENT: ' " merman (1) - Gutenberger OTHERS PRESENT: City Attorney - Gersh Police Chief - Herson City Clerk - Rundle Mayor Conley called the adjourned meeting of October 3, 1973, to order. Alderman Wallace remarked that he wished to state publicly his personal objections to being called 4:30 p.m. last night being notified of this meeting which he anticipated to be called October 24, 1973. Mr. Wallace said he feels, as well as the Council and the public, as having been slighted because of the little notice given for this meeting. Alderman Wallace commented that he would object to anything that was not on the original agenda. Alderman Saccucci remarked that he had not been notified until this evening that a Council meeting was being held. Mayor Conley remarked that some confusion over contacting the Aldermen resulted, and he wished to apologize to the Aldermen. Mayor Conley said in the future Aldermen would receive twenty-four hour written notice. CHARTER AND ORDINANCE AGENDA RULES: Alderman Stein reported that his committee was working on the agenda rules, and hoped to present them to Council in the near future. SWIMMING POOL ORDINANCE: Alderman Stein reported that his committee is still receiving input from several sources in drawing up this ordinance. ZONING AND HOUSING CODES: Alderman Stein reported that his committee held a meeting with Municipal Consultants, and planned to hold more committee meetings in order to present this to Council. CHANGES IN THE PLUMBING CODE: Alderman Stein reported that his committee has received written comments and are proceeding to work on the problem. SIGN ENCROACHMENT: Alderman Stein reported that his committee is working on this problem, and hopes to have something for the next meeting. REVIEW OF SECTION 17-25 & 17-27 ON THE CODE ON PARKS AND RECREATION: No report. BUILDING COMMISSIONER CHARTER AMENDMENTS: Alderman Stein presented the following proposed Local Law: LOCAL LAW A Local Law Amending Section 20 of Chapter 503 of the Laws of 1908, being the Charter of the City of Ithaca (Section 2-19 as codified) in Relation to the Administrative Direction and Responsibility of the Building Commissioner. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 20 of Chapter 503 of the Laws of 1908 (Sec. 2-19 as codified) is hereby amended as follows: gip. 15- October 17, 1973 Sec. 2-19 Commissioner of Buildings; Appointment; Powers, Duties, Compensation; authority of Council to Adopt Building Code The commissioner of buildings shall be under the administrative direction of the controller. He shall be appointed by the mayor, subject to the approval of the common council, for an indefinite term. He shall be removable following reasonable notice and a public hearing, if he should request such hearing, (a) by the common council by the affirmative vote of at least two-thirds of the aldermen or (b) by the mayor with the approval of the common council. The commissioner of buildings shall be the enforcement officer of the building code, zoning ordinance, sign ordinance and mobile home park ordinance. The commissioner of buildings shall have power to enter and examine all premises and buildings, and to prevent all practices which may be a menace to life or property; to prevent and regulate the construction of any building which may be found to be dangerous by reason of faulty construction, and in the case of an existing structure found to be in dangerous condition by reason of age, dilapidation, decay V or faulty construction, to cause the owner or occupant of any such building to put it in a safe condition; and in case the owner or occupant shall refuse or neglect to do so and to comply with the provisions of the building code of the City of Ithaca now in force or hereafter adopted, said building commissioner shall have power to :i. cause such building to be made safe at the expense of the owner or occupant and to collect the costs and expenses thereof by suit in the name of the city brought against the owner or occupant violating the provisions of such building code, or refusing to comply with the directions of such building commissioner; such action to be brought in the city court of the city; or the expense of said repairs or alterations may be assessed upon the property so improved or benefited thereby, and collected by warrant issued by the common council to the city chamberlain, and enforced by levy and sale in the manner provided for the collection of taxes. The common council may adopt a building code for regulating the construction, inspection, moving or razing of buildings, and for the regulation of all building operation, and provide penalties for the violation thereof. The compensation of the commissioner of buildings shall be fixed by the common council. Section 2. Section 20 of Chapter 503 of the Laws of 1908 (Sec. 2-19 as codified) and all laws amendatory thereto, are hereby repealed. Section 3. This local law shall take effect immediately upon its being filed in the office of Secretary of State. By Alderman Stein: seconded by Alderman Boronkay RESOLVED, That the foregoing proposed Local Law and Amendment of the Relation to the Administrative Direction and Responsibility of the Building Commissioner be received and laid on the table until the next meeting. Carried Alderman Stein presented the following amendment to Chapter 6 of the Ithaca code: By Alderman Stein: seconded by Alderman Schmidt RESOLVED, That foregoing proposed amendments to Chapter 6 be approved. Amendments to Chapter 6 of the Ithaca Code Re: Signs (Portable and Mobile) October 5, 1973 Delete existing section 6-60 (d) and replace it with the following: "No portable or mobile sign shall be placed on the front or face of a building or on any premises. A temporary sign shall be permitted only as provided by Section 6-63." Effective upon publication. Carried 142 -16-- October 17, 1973 Alderman Stein presented the following amendment to Chapter 6 of the Building Code: Amendment to Chapter 6 of the Building Code By Alderman Stein: seconded by Alderman Barber RESOLVED, That the foregoing proposed amendment to Chapter 6 of the Building Code be approved. Re: Building Permits October 5, 1973 Sec. 6-15 Add new sentences after 3rd sentence of paragraph (b) as follows: "Costs shall be assumed to include both labor and materials. In cases where cost information is not readily available to the commissioner of buildings and there exists a question of the value of any alteration and addition, he shall have the discretionary power to stake his own estimate of such labor, material and other costs. Labor costs shall be estimated to be at least equal to federal minimum labor standards in effect at the time." Effective upon publication. Carried Alderman Stein presented the following amendment to Chapter 6 of the Building Code: Amendment to Chapter 6 of the Building Code By Alderman Stein: seconded by Alderman Barber RESOLVED, That the foregoing proposed amendment to Chapter 6 be approved. Sec. 6-15 Add the following paragraph after the last paragraph of Section 6-15 (c): "During the period of time that the work is going on for which the building permit is issued, said permit shall be displayed on the property - t in such a location that it is readily visible from the nearest street." Effective upon publication. Carried Alderman Stein presented the following proposed law: LOCAL LAW A Local Law Amending Section 107 of Chapter 503 of the Laws of 1908, being the Charter of the City of Ithaca, Section 5-1 as codified, in Relation to the Appointment of Commissioners of the Board of Public Works. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 107 of Chapter 503 of the Laws of 1908 (Sec. 5-1 as codified) is hereby amended as follows: Sec. 5-1 Appointment of Commissioners; Board of Public Works Constituted The mayor shall nominate from the electors of the city and, by and with the consent of the common council, shall appoint six commissioners who, with the mayor acting as presiding officer, shall constitute the board of public works. Section 2. Section 107 of Chapter 503 of the Laws of 1908 (Sec. 5-1 as codified) and all laws amendatory thereto, are hereby repealed. Section 3. This local law shall take effect immediately upon its being filed in the office of Secretary of State. By Alderman Stein: seconded by Alderman Bovenkay RESOLVED, That the foregoing proposed Local Law and Amendment of the Relation to Appointment of Commissioners of the Board of Public Works be received and laid on the table until the next meeting. Carried -17--- October 17, 1973 Alderman Stain presented the following proposed law. LOCAL LAW A Local Law Amending Section 108 and Section 109 of Chapter 503 of the Laws of 1908, being the Charter of the City of Ithaca (Section 5-2 and Section 5-3 as codified) in Relation to the Terms of Officeof Commissioners of the Board of Public Works. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 108 and Section 109 of Chapter 503 of the Laws of 1908 (Sec. 5-2 and Sec. 5-3 as codified) are hereby amended as follows: Sec. 5-2 Terms of Office of Commissioners; Eligibility for Reappointment; Transition Procedure At the first regular meeting of the common council in January of each year, the mayor shall, from the electors of the city, nominate and by and with the consent of the common council appoint two commissioners to fill the vacancy of the expiring terms, which appointments shall be for terms of three years from the first day of O January. The appointment of such commissioners shall be made so that no more than three commissioners, other than the mayor, shall belong to the same political party. Recognizing that the current terms of the commissioners are for six years and a transition period is required, the following system shall govern appointments until January, 1977: At the first regular meetings of the common council in January 1974, 1975 and 1976, one appointment shall be made for a three year term. . At the first regular meeting in January, 1977 and for each year thereafter, two new appointments shall be made, each for a three year term. Section 2. Section 108 and Section 109 of the Laws of 1908 (Sec. 5-2 and Sec. 5-3 as codified) and all laws amendatory thereto, are hereby repealed. Section 3. This local law shall take effect immediately upon its being filed in the office of Secretary of State. AMENDMENT - By Alderman Schmidt: seconded by Alderman Boroakay RESOLVED, That this Local Law be amended to delete the following sectence: A commissioner after serving three year shall be ineligible to serve again for a period of one year. Carried By Alderman Stein: seconded by Alderman Schmidt RESOLVED, That foregoing proposed Local Law and Amendment of the Terms of Office of Commissioners; Eligibility for Reappointment; Transition as amended to delete the followings A commissioner after serving three years shall be ineligible to serve again for a period of one; year be received and laid on the table until the next meeting. Carried Alderman Stein presented the following proposed law: LOCAL LAW A Local Law Amending Section 110 of Chapter 503 of the Laws of 1908, being the Charter of the City of Ithaca (Section 5-4 as codified) in Relation to Vacancies on the Board of Public Works. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 110 of Chapter 503 of the Laws of 1908 (Sec. 5-4 as codified) is hereby amended as follows: Sec. 5-4 Vacancies During Term A vacancy, other than by expiration of term, shall be filled for the remainder of the unexpired term in the manner provided in Section 108 of this Charter (Sec. 5-2 as codified) . 144 -i3- October 17, 1973 Section 2. Section 110 of Chapter 503 of the Laws of 1908 (Sec. 5-4 as codified) and all laws amendatory thereto, are hereby repealed. Section .3. This local law shall take effect immediatley upon its being filed in the office of- Secretary of State. By Alderman Stein: seconded by Alderman Jones RESOLVED, That the foregoing proposed Local Law and Amendment of the Vacancies- on the Board of Public Works be received and laid on the table until the next meeting. Carried RESTRICTION OF CURB PARKING RESOLUTION: By Alderman Meyer: seconded by Alderman Boothroyd WHEREAS, painting or marking curbs is a well-accepted method of emphasizing locations where parking is prohibited and to improve the visibility of curbs during dark hours, and WHEREAS, the use of such curb markings is authorized by law to supplment parking signs and also to be used without parking signs to advise motorists of statutory parking regulations, such ,as at, and in advance of, crosswalks, fire hydrants, etc., and WHEREAS, the recommendation of the Department of;,Public Works regarding the use of curb markings will be of value to Common Council, NOW THEREFORE BE IT RESOLVED, that this Council requests the Department of Public. Works to study the advantages and disadvantages of adopting curb markings for traffic control within the City of Ithaca and to submit its report by the January Council meeting. Carried PLANNING AND DEVELOPMENT ITHACA MALL: Alderman Jones presented a three part resolution for -consultants for the State Street Mall pr9ject. ' By Alderman- Schmidt: seconded by Alderman Wallace RESOLVED, Tha,.'fhe'three,part resolution presented by Alderman: Jones be separated and voted on4%i.dividually. f. Carried By Aldermani J6hes: seconded by Alderman Meyer RESO4Y9D, ThAt this Common Council authorize the Planning Board to hire an economic consultant for the State Street Mall at a sum not to exceed $2,000.00. i . Carried By Alderman Jones: seconded by Alderman Slattery RESOLVED, That,this Common Council authorize the Planning Board to hire a legal consultant for the State Street Mall at a sum not to exceed $1,000.00. No action was taken on this motion Mayor Conley commented that a possibility of a conflict of interest was pointed out, if the same attorney was hired as a consultant for the Mall and was also handling the previous Mall architect's case against the City of Ithaca. After a discussion on the Council floor the following resolution was presented: By Alderman Schmidt: seconded by Alderman Wallace RESOLVED, That this Common Council go into Executive Session immediatley following this meeting, to discuss the matter of conflict of interest. Carried �.w By Alderman Jones: seconded by Alderman Schmidt ;j RESOLVED, That this Commoi Council authorize the Planning Board to continue with the services of Raymond, Parrish & Pine for a traffic consultant at a sum not to exceed $2,000.00. AYES: 8 NAYS. 4 - Barber, Boothroyd, Meyer, Wallace Cairrled', 1 IL A October 17, 1973 BUDGET AND ADMINISTRATION By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the amount of $4,000.00 be transferred from A1990 Contingent Account to Account 0121-State Street Pedestrian Mall. AYES : 10 ABSTENTIONS: 2 - Meyer, Wallace EXECUTIVE COMMITTEE FIRE PROTECTION CONTRACT WITH TOWN OF ITHACA: Alderman Schmidt reported that his committee had one meeting with the Town Board, and planned to meet again in the near future. MAYOR'S AND ALDERMAN'S SALARIES: Alderman Schmidt commented that in view of the fact that a salary survey is a strong possibility, and this survey would include the Mayor and Aldermen, the following resolution was presented: By Alderman Schmidt: seconded by Alderman Stein RESOLVED, That this item be removed from the Agenda. Carried V ENVIRONMENTAL COMMISSION: Alderman Meyer read the following memorandum to Common Council: Nancy Meyer "�RpM: Lary Bach, Chairman Environmental Commission iM . Marina DATE: September 28, 1973 Following the Marina informational meeting held at Ithaca High School on Tuesday, September 18, 1973, for about 3 hours, I contacted each voting member of the Environmental Commission of the City of Ithaca either in person or by phone over a period of a few days. Five of the six voting members agreed that the Marina project should be constructed. They felt that special consideration should be given to the development of the picnic area, Nature Walk and fish pond and that sound ecological steps should be used in the construction. One member felt that an environmental inpact study should be made. (Five voting members of our group were present on 9/18/73.) Alderman Meyer said that the Environmental Commission is planning to meet with the Finger Lakes State Perks Commission representatives to discuss the Cass Park Marina in the near future. EAST SPENCER STREET PETITION: Alderman Boronkay presented a petition with 46 signatures of residents of East Spencer Street, requesting that the speed limit be changed from 30 miles an hour to 15 miles per hour. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That this petition be referred to the Public Safety and Board of Public Works Committee. Carried AGENDA CHA14GE: A discussion took place on the Council floor regarding placing the Budget and Administration Committee report at the end of the agenda. The City Clerk was requested by Council to place the Budget and Administration Committee report at the end of the Agenda. On a motion the meeting was adjourned at 10:00 p.m. and Council went into Executive Session. EXECUTIVE SESSION: The Council discussed the possibility of conflict of interest regarding retaining the same legal council to work with the Planning Board on the Mall, that is now presently hired by the City in a law suit against the previous architect. After discussion the matter was referred to the Budget and Administration and Planning and Development Committee. On a motion the meeting in Executive Session was adjourned at 10:40 p.m. �,,, ell `4osephl'A. Rundle, City Clerk Edward J. 1pmley, tlayor/-' 146 CONKON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. November 7, 1973 PRESENT: Mayor - Conley Aldermen (14) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace OTHERS PRESENT: ,,. . City Attorney - Gersh Fire Chief - Weaver City Controller - Daley Police Chief - Herson Building Commissioner - Jones Urban Development Corp. - Keane Planning Director - Van Cart Urban Renewal Administrator - Brown Sup't. of Public Works - .Dingman City Clerk - Rundle Ass't. Youth Director - Wilson All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked approval of the -minJ utes of the September 5, October 3, and October 17, 1973, meetings. Alderman Stein asked that the minutes of October 17, 19731 page 17, Local Law amending Section 108 and 109 of Chapter 503 ( Section 5-Z atid Section 5-3 as codified ) be corrected to show the Local Law as presented before thp..amendment to delete the ` following: A commissioner after serving three years shall be ineligible to serve , again for a period of one year. By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, That the minutes of the September 5, October 3, and October 17, 1973, meetings, as corrected, be approved as recorded by the City Clerk. ,r Carriod COMMUNICATIONS &ETTER TO COUNCIL FROM ITHACA LANDMARKS PRLSERVATION COMISSION: Clerk Rundle read the following letter to Council: Dear Mayor and Council Members: On October lot, 1973, this Commission held an advertised pub lic hearing, to determine the reaction of interested citizens, anal of owners and proprietors of businesses in the vicinity of the Station Restaurant., to piroposed City Landmark designation for the restaurant. The reaction of those individuals attending the hearing was wholly favorable4 Several spoke on the unique character of the building, its visibility and attractive aspect as a landmark, and the excellence of its period rehabilitation and adaptation to viable use. Positive comments,were also made concerning the cultural value of, a reminder of the railroad and of the Station's key position in the revitalization of an area of special character and importance to the City. The Commission noted that public reaction at the first hearing held March 19th, 1973 was similarly in favor of desk. ation for the station. The main concern about designation seems to have been answered, since the State Department of Transportation has stated their intent to provide for the Station in designing the new Rt. 13 (pg.68 of Environmental Impact Statemene, and the corridor has teen widened to allow more choice in final route location (Map 3, Project Location Report). Based on this information and public opinion, and betug aware of the unique characteristics of the Station, the Commission unanimous3r►f.C,; 0) approved- the motior`i,,,;' made by Mr. Brown, seconded by Mr. Hemming, "That the Ithaca, _ marks Preservation Commission -, reaffirms its designation of the Station RestaurantjZ, 810 West Buffalo Street, as a Historic Landmark of the City of Ithaca, and rwgmmends that the Common Council act to make this designation official in accordance with Sec. 2-35 (c) of the City Code." A copy of this letter has been sent to the City Planning Board for their ac i6n undt r the cited regulation. Sincerely yours, E. F. Roberts, Chairman Z -2- November 7, 1973 By Alderman Jones: seconded. by_Alderman- Boronkay RESOLVED, That this letter be referred to the Planning Board. Carried LETTERS TO COUNCIL FROM THE TOMPKINS COUNTY CHAMBER OF COMMERCE: Clerk Rundle read the following two letters to Council: Dear Council Members: On behalf of the Board of Directors of the Tompkins County Chamber of Commerce, I wish to express our gratitude in connection with the recent signing of agreements for the Rothschild-Caldwell Downtown Development. We all recognize that without your support, and especially the dedication of your committee chaired by Mrs. Anne Jones, this project would not have been successful. Downtown development has been the highest priority item on our Chamber's program of work for the past two years. We realize the sensitive nature of the negotiations and the difficulties involved when five parties must agree on hundreds of conditions involving mutual responsibility. We congratulate each member of Common Council for their wisdom and perseverance O in achieving this milestone in our downtown development, and we all look forward to assisting you in your plans for an Ithaca Mall. Sincerely, Raymond Van Houtte, President Dear Council Members: Again, on behalf of the Board of Directors of the Tompkins County Chamber of Commerce, we wish to thank you for your recent resolution authorizing additional tourism funds for use by your Chamber of Commerce. Many of you are probably aware of the various conferences, projects and events which already have been scheduled to take place in our greater Ithaca community over the next few years. Without your continuing support and cooperation, our limited funds would not permit the planned expansion of tourism activity. Sincerely, Raymond Van Houtte, President SHADE TREE COMMITTEE: Mayor Conley reported that he was forming a Shade Tree Committee. This committee would try to help develope an overall planning scheme for the replacement of trees in the community. Mayor Conley made the following appointments to the Shade Tree Committee: Dr. Robert Mower - 383 The Parkway Mrs. Joan Sears - 309 East Court Street Dr. L. H. MacDaniels - 422 Chestnut Street John Ewanicki - 1306 East State Street Edwin Lynch - City Forester Mayor Conley reported that representatives will also be selected from the following organizations: New York State Electric and Gas The City Council The City Planning Department Cooperative Extension By Alderman Jones: .'.r.? by Alda.x..sn Bo~crzkej7 RESOLVED, That this matter be refeb;_d and Development C-nanittee. Carried BOARD OF REVIEW FOR FIRE PREVENTION CODE: Mayor Conley reported that he received a recommendation from the New York State Office of Local Government of a proposed new structure of how this particular committee could be structured. Mayor Conley asked that this be referred to the Charter and Ordinance Committee and the City Attorney for study and recommendation. 148 -3- November 7, 1973 LEAVE OF ABSENCE: Mayor Conley reported that he was granting a leave of absegie for one year effective November 1, 1973, to Detective Caroline Holman of the twice Department. RESOLUTION ESTABLISHING RESPONSIBILITIES OF THE INLET PARK COMMITTEE: By Alderman Meyer: seconded by Alderman Jones WHEREAS, the Inlet Park is becoming a unique recreational and cultural activity area in the City of Ithaca; and WHEREAS, this area now represents, or offers strong potential for financial investment and support by the Federal government, the State of New York, and private enterprise' as well as the City of Ithaca; and WHEREAS, continued development of a major center such as the Inlet Park area will increasingly affect the economic and physical character of the entire west side of the City of Ithaca; and ' WHEREAS, continued development of this site, by virtue of its location, size and complexity, will have direct environmental consequences on the inlet, the lake, the flood channel, and other public open spaces at the head -of the lake; and WHEREAS, the appearance and development quality of this area is particularly vulnerable to the effect of continued development of the park site itself and.land adjacent to it; and WHEREAS, it is important to the long-range interests of this community that the Mayor and Common Council of the City of Ithaca be well advised on matters of development- in or adjacent to, the Inlet Park area, and that such advice be sufficiently broad'`ttW- ' include existing and potential developmental and operational interests in this 4&Va "d WHEREAS, the Inlet Park Committee was created initially to coordinate development- activity on this site, and was reinstated by Council action on June 6, 1973; NOW THEREFORE, BE IT RESOLVED, that the Inlet Park Committee be and hereby is designated as the body responsible for coordinating development and providing advice to the Mayor and Common Council of the City of Ithaca on all matters of developmept'- In the Inlet Park site and related adjacent areas, and that such coordination and ' , advice include, but not be limited to, reviewing proposals for construction and land ;fie in this area and making proposals for park improvement. BEFIT FURTHER RESOLVED, that said Inlet Park Committee include representatives of the "City's Common Councils ,Board of Public Works, Planning Board, and Youth Bureau, they., State Parks Commission, and other appropriate persons appointed by the Mayor. BE IT FURTHER RESOLVED, that said Inlet Park Committee members be appointed by tle Mayor, with Council approval, for three year terms. By Alderman Boronkay: seconded by Alderman Saecucci RESOLVED, That this resolution be tabled until the next meeting. Carried CITY ATTORNEY'S REPORT: Mr. Gersh presented to Council an act to amend Chapter Five Hundred Seventy-Four of the Laws on nineteen hundred seventy-three of the City Charter as follows: AN ACT TO AMEND CHAPTER FIVE HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SEVENTY-THREE, ENTITLED "AN ACT IN RELATION TO THE CITY COURT OF THE CITY OF ITHACA, ITS JUDGES AND OFFICERS AND REPEALING CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTY-ONE, ENTITLED "AN ACT IN RELATION TO THE CITY COURT OF THE CITY OF ITHACA, ITS JUDGES AND OFFICERS" RELATING THERETO." The People of the State of New York, represented in Senate and Assembly, done act as follows: Section 1. Subdivision six of section one of ch-pter five hundred seventy-four . entitled "An Act in re-lation to the city court of the city of Ithaca, its judges and officers and repealing chapter four hundred fifteen of ,the laws of nineteen hundred thirty-one, entitled 'An Act in relation to the city court of the city of M4a � its - judges and officers' , relating thereto. 6. (a) Acting City judge; appointment; compensativa�. At the first meeting of the common council in January in each year, it shall be tt, , duty of the mayor subject to the ratification of the common council of the city of Ithaca to appoint some suitable person, who shall possess the qualifications of the city judge as in this act provided, to act as city judge when so directed by the city judge or in case of the sickness, vacation, absence from the city or disability of the city judge or in case the latter files certificate of disability as to any action or proceeding, civil or criminal, and who may be removed by the common council whenever said council shall deem it advisable. 149 -4- November 7, 1973 While so acting the said acting city judge shall, in addition to his name, sign all papers as "acting city judge of the city of Ithaca," and shall have all the powers and perform all the duties incumbent upon the city judge. The compensation of said acting city judge shall be fixed and determined by the common council which may be increased by the common council from time to time before or during the term of such acting city judge, and he shall before entering upon the discharge of his duties, take the oath of office prescribed by law and file the same in the office of the clerk of the city of Ithaca and in the office of the clerk of the county of Tompkins. (b) In any action or proceeding, civil or criminal, in which acting city judge shall act, there shall be noted in docket cause for his appearance in the action. 8 2. This act shall take effect immediately. By Alderman Boronkay: seconded by Alderman Boothroyd RESOLVED, That the foregoing proposed amendment to Chapter five hundred seventy-four of the Laws of nineteen hundred seventy-three of the City Charter be received and laid on the table until the next meeting. Carried CONDEMNATION RESOLUTION J.J. NEWBERRY COMPANY AND/OR MCCRORY CORPORATION: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, That this item be placed on the agenda. Carried W r� After discussion on the Council floor, the following resolution was presented: RESOLUTION OF COMMON COUNCIL OF CITY OF ITHACA AUTHORIZING THE CONDEMNATION OF RIGHTS OF WAY AND OTHER RIGHTS, IN FURTHERANCE OF THE REDEVELOPMENT OF THE CENTRAL BUSINESS DISTRICT By Alderman Schmidt: seconded by Alderman Jones WHEREAS, it is the policy of this City to promote the economic welfare of its inhabitants and to actively promote, attract, encourage and develop economically sound commerce through governmental action in cooperation with private developers, an4 WHEREAS, for these purposes the City of Ithaca is in the process of redeveloping its ' central business district through the construction, among other improvements,of a parking structure, shopping mall and department store, and WHEREAS, J. J. Newberry Co. and/or McCrory Corporation are the owners of certain rights of way or easements and other rights, more particularly described hereinafter, generally running from East Green Street to the rear of the premises at 135-137 E. State Street now occupied by a J. J. Newberry department store, and to premise, at 139-145 E. State Street, said premises being known as a municipal comfort station, and used by the J. J. Newberry department store, which rights of way are located within the boundaries of the Center Ithaca Urban Renewal Project (NYR-112), and WHEREAS, efforts to acquire the said easements and other rights by agreement with the owner have been unsuccessful and a reasonable period of time having been allowed for negotiations, and WHEREAS, in order to put the redevelopment plan into effect, it is necessary to acquire said rights of way and other rights without further delay, and WHEREAS, it is for public purposes and in the public interest that the rights be acquired by the City of Ithaca, NOW THEREFORE BE IT RESOLVED: That the City of Ithaca authorizes commencement of condemnation proceedings again$j/ the following described rights of way and other rights, owned by J. J. Newberry CO. and/or McCrory Corporation: Any and all right, title and interest and privf..'._^_^,es, over or affecting property of the City of Ithaca which J. J. Newberry Co. and)'or McCrory Corporation may have acquired by or through t'-^ following documents: a) Lease evidenced by Memorandum of Lease, dated September 19, 1957 and recorded in the Tompkins County Clerk's Office in Book 400 of Deeds at page 342; b) Deed recorded November 22, 1955 in said Clerk"a Office in Book 383 of Deeds at page 365; c) Deed recorded August 27, 1925 in said Clerk's Office in Book 209 of Deeds at page 1; d) Deed recorded April 3, 1958 in said Clerk's Office in Book 405 of Deeds at page 176; -5- November 7, 1973 e) Lease recorded June 19, 1958 in said Clerk's Office in Book 406 of Deeds at page 576; f) Leases dated June 16, 1959 and July 22, 1.927, both between J. J. Newberry Co. and the City of Ithaca; g) Deed recorded March 5, 1958 in said Clerk's Office in Book 404 of Deeds at page 330. The right, title, interest and privilege of J. J. Newberry Co. and/or McCrory Corporation to be condemned include, but are not limited to: a first right to purchase; all right, title, interest and claim to maintain the existing concrete stairs and landing at the rear of the building fronting on E. State Street afore- mentioned; the right to any notification of sale to others; any easement or right of way over premises of the City of Ithaca south of the premises now occupied by the First Ithaca Corporation which said First Ithaca Corporation may have acquired in, through, or by any deed, conveyance, lease, or other instrument or document, or by use, or may have reserved unto itself by any of the deeds aforementioned; all right, title, interest and claim whatsoever to any right of reversion relating to a substitute right of way contained in any of the aforementioned leases. Carried ACCESS TO MANCINI PROPERTY: Attorney Gersh reported that this matter is being studied from various directions. It is being studied by the Finger Lakes State Park and Recreation Commission Attorneys, it is being examined by the Office for Local Government, and the Department of Transportation Attorneys. Mr. Gersh said it ie his opinion that this is a parkway, and as such the states highest court has said that abuting owners on a parkway, do not have rights of access. Alderman Stein remarked that he would like to see this brought to a conclusion by the December meeting. CONTRACTS TO MERGE G.I.A.C. AND THE YOUTH BUREAU: Attorney Gersh reported that contracts have been completed and sent back to the Attorney for G.I.A.C. for his consideration. VIOLATIONS OF THE BUILDING CODES: Alderman Stein read the following letter to City Attorney Gersh from City Prosecutor Tavelli as follows: Dear David: At your request, I am taking this opportunity to keep you abreast of developments with respect to Mr. Fane. As you recall, I was retained to look into various properties which he owns which may be in violation of Ithaca Building Codes. The properties on Stewart are ,now in compliance and no legal action was necessary. The property at 801 East State has been the source of many problems. Charges were filed in Ithaca City Court for Violation of Section 6-25 (a) (c) of the City Cade in that plumbing alterations were made with no prior approval and that certain repairs were made with no permit. Mr. Fane plead guilty and was fined $100.00 by Acting Judge Barrett. Two other charges with respect to occupancy are pending. Mr. Fane has leased the property to a Mr. Ginario who has leased the property to Mr. Fritschler. Mr,. D. Conrad of the Building Commissioner's Office and myself inspected the property in September and found many violations; however, the house was occupied by .only one person. I am preparing necessary civil papers to restrain use and occupancy of the building if and when it is occupied as a multiple dwelling. Very truly yours, Paul N. Tavelli -6- November 7, 1973 SENECA STREET GARAGE: Mayor Conley reported that the City was planning to take possession and have a closing on November 20, 1973. PUBLIC WORKS COMMITTEE COMMUNITY TRANSIT SYSTEM REPORT OF OPERATIONS: Alderman Spano presented the Community Transit report of operations for the period July thru September 1973 to Council. LETTER FROM CORNELL UNIVERSITY REQUESTING GREYHOUND SERVICE: Alderman Spano read a letter from Cornell University requesting the procedures required to obtain Greyhound bus service to their campus. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That this matter be referred to Public Works and Transit Committee. Carried CHARTER AND ORDINANCE COMMITTEE AGENDA RULES: No report SWIMMING POOL ORDINANCE: No report. HOUSING AND BUILDING CODES: Alderman Stein reported that his committee is progressing on the Housing and Building Codes. W ZONING ORDINANCE: Alderman Meyer presented a map to Council and reported that thQ committee planned a meeting for November 20, 1973. Alderman Meyer invited anyone that had input, to attend this meeting. The committee was attempting to have the final map and charter regulations for the December meeting. SIGN ENCROACHMENT: Alderman Stein presented the following amendment to Chapter 6 of the Ithaca Code. By Alderman Stein: seconded by Alderman Schmidt RESOLVED, That the following proposed amendment to Chapter 6 be approved: AMENDMENT TO CHAPTER 6 OF THE ITHACA CODE Section 6-76 to 6-79 Reserved DIVISION 6. ENCROACHMENTS Sec. 6-80. Definitions. (a) Encroachments. "Encroachments" shall include but shall not be limited to signs, awnings, canopies, cellar entrances, coal holes, manholes, marquees, sidewalk elevators or hoistway openings or sidewalk vaults, and shall also include such driveways as in the opinion of the building commissioner are so constructed or u.10d as to create a permanent or continuously recurring obstruction to the normal use 'of any street or sidewalk. (b) Public street. "Public street" shall include the entire right-of-way and shall include public sidewalks. Sec. 6-81. Permit required. No person, whether as owner or tenant, shall erect or maintain or permit t e erection or maintenance of any encroachment in,upon or over any public street without first obtaining and keeping in effect a permit therefor. (Ord. of 2-10-39) In no case shall any encroachment be ere«:--.ad or maintained within eighteen inches of the curb line or of any portion of a public street or right-of-way which is used for vehicular travel. The ^?tilding Commissioner shall have the power and` authority to effect the immediate removal of any encroachment which projects closer than eighteen inches from such traveled way, such removal to be accomplished by the most expeditious means at his discretion, and in the instance such removal is made by or on behalf of the city, the owner of w ch encroachment shall be liable for full reimbursement of the costs of removal to the cl.a-7. Sec. 6-82 Issuance, limitation* of permit. Encro }t petldt�shall be issued by the building commissioner upon applica- tion by the Omer or tenant. Such per%i,ts shall specify the name of the person to whom issued, the ocatio.n of the premises and the encroachments included in the permit; additional encr nts may be endot d a *a such permits and shall not be permitted until so endors� Each permit shat ` ver; only oineboilding or lot. Permits issued � - -7- November 7, 1973 to owners may include all encroachments on or connected with the premises: permits issued to tenants shall include only encroachments maintained or controlf4 ed by such tenant. Sec. 6-83. Fee for permit; duration of permit. All permits and renewals thereof sha111 expire on the first day of January next following their date of issuance or renewal. .; The fee for permit and for each additional entry of an encroachment thereon shall be twenty-five dollars ($25.00) and the fee for each renewal of such permit, including all additions, shall be five dollars ($5.00). Sec. 6-84. Provisions supplemental to other ordinances, rules. The permit provided by this article shall be in addition to any permit requir- ed by the building code or other ordinance or rule of the city, and shall not release any person from any duty or liability .imposed by the building code or any ordinance or rule. Sec. 6-85. Awnings : projection regulated. No person shall place or maintain any awning over any sidewalk, unless the same shall be supported by metal rods and frame; every part of such awning and of the supports therefor, shall be at least seven feet above the sidewalk. Sec. 6-86. Signs; projection, specifications regulated. (a) Generally, No person shall place or maintain over or above any street in front of or alongside of his building or lot any sign which shall project over or above said street more than eighteen inches from the building face as provided in the Sign Ordinance. (b) Signs on awnings or marquees. Signs giving the name of a business or establishment occupying the premises to which an awning or marquee is attached may be placed on the front and sides of such awning or marquee. The symbols constitu- ting such signs may be painted, sewn, welded, bolted or otherwise securely attached to such awning or marquee, and may be movable as in the case of movie marquees. The area required for such signs shall be considered to be a part of the total sign area which may be allowed the premises on which it is located as set out in the Sign Ordinance. Such signs shall not project more than eighteen inches (18") from the surface of the awning or marquee on which they are mounted, nor shall they in any instance project beyond the limits set in Sec. 6-81, above. (c) Fees for signs on awnings or marquees. Signs added to or erected on awnings, marquees or other projections from any building shall be subject to the regular permit fees for signs so set forth in the Sign Ordinance. Where any such sign projects from the surface of any such marquee, awning or other projection which ip itself constitutes an encroachment, each such sign shall be considered to be an additional encroachment, and shall be subject to permit fees as set forth in Spc. 6-83 above. Sec. 6-87. Marquees; location, installation, specifications. Marquees, solid canopies or sunscreens with a structural metal framework m4y be placed over the entrances and fronts of stores, theaters and hotels, and may extend to within eighteen inches of the curb only on streets where the sidewcuK occupies the entire space from the bi-_.lding line to the curb. The top, front and sides of such structures may incorporate wire glass, shatter proof glass or other s4fe transparent or translucent material intended to admit light to the sidewalk below or to allow illumination of any sign attached to or behind the front or eides of the marquee. The lowest edge of any marquee, canopy or sunscreen shall nqt be less than nine and one-half (9 1/2) feet above the sidewalk. Such structures myst be securely fastened to the building, supported n.; to outward projection by means of tie rods or chains securely fastened both to the structure of the marquee, canopy or sunscreen and to the structure of the building above it. Ornamental iron or steel brackets may also be included in the design oL such marquees, and may extend down on the wall of the building to a point not less thaa eight (8) feet above the sidewalk at the wall of the building. Electric lights may be used in the illumination of marquees. -�2- November 7, 1973 Sec. 6-88. Conditions prerequisite to installation, operation of marquees. (a) Approval of design. Before erecting any marquee, canopy or sunscreen, the person or persons desiring to erect the same shall submit to the building commissioner a request in writing together with a drawing or cut of the proposed device showing clearly its design and method of construction, and attachment. Such material pertaining to the design shall be referred to the Planning Board within five days of receipt for its review and approval. Should the Planning Board fail to take action thereon within thirty (30) days of receipt of such design material by the Building Commissioner, such design shall be deemed approved and may be issued an encroachment permit. (b) Disapproval of design by the Planning, Board. Should the Planning Board disapprove an encroachment for any reason, it shall so notify the Building Commissioner and the applicant by the most expedient means, stating the reasons for such disapproval. In the event that no agreement on an acceptable encroach- ment design is reached between applicant and Planning, Board, the applicant will have the right to appeal the Board's decision to Common Council. (c) Issuance of permit. In the event of approval or lack of action by the Planning Board, or of approval by Common Council in case of an appeal, the Build- ing Commissioner shall issue the requested permit if all other requirements of this division are met. In no case shall an applicant begin construction or erection of any encroachment without a valid permit therefor. EFFECTIVE UPON PUBLICATION. AMENDMENT TO ORIGINAL 140TION By Alderman Boronkay: seconded by Alderman I-Tallace RESOLVED, That the fee (Sec. 6-83) be reduced from $25.00 to $5.00. AYES (1) Boronkay NAYS (13) Motion Defeated Tabling 11otion By Alderman Barber; seconded by Alderman Saccucci, ' RESOLVED, That this matter be tabled until the next meeting. AYES (6) Barber, Saccucci, Schmidt, Spano, Stein, Wallace NAYS (8) Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Slattery Motion Defeated Voting on the Plain Motion. AYES (13) NAYS (1) Barber Carried Alderman Stein presented the following amendments to Ithaca Code, Sections 17-25 4ad 17-27 pertaining to Parks and Recreation, Article II, Stewart Park. By Alderman Stein; seconded by Alderman Barber, RESOLVED, That the following proposed amendment to the Ithaca Code Section 17-25 Be approved: Be it resolved to delete section 17--25 in its entirety. (Currenty beer can be served in Stecga°_t Park from bottles or cans, but not from kegs. Deleting this section would permit beer to be served also from kegs.) EFFECTIVE UPON PUBLICATION. Carried By Alderman Stein; seconded by Alderman Barber, RESOLVED, That the following proposed amendment to the Ithaca Code Section 17-27 be approved: Section 17-27 Be it resolved that Section 17-27 be amended by adding the following: The provisions of this section also shall not apply to fraternal, service, political and other organizations selling tickets for picnics or barbecues to persons coming to the irk especikkl £tf f. that purpose. However, Solicitations for the Ogle of tAr I r � cannot be made from the public enjoying the use of the pA ` at the entrance to the park. ` (Currently, organizations cannot sell tickets legally to persons who?come to. 'their picnic or barbecue, when they arrive in the park.: Tfrke;s must be bought %forehand, or outside the park, according to the current regulAtions.) EFFECTIVE UPON PUBLICATION. -dried Local Law: By Alderman Stein; seconded by Alderman Schmidt, RESOLVED, That the following proposed Local Law be lifted from the table and be presented to Council for adoption: LOCAL LAW A Local Law Amending Section 20 of Chapter 503 of the Laws of 1908, being the Charter of; the City of Ithaca (Section 2-19 as codified) in Relation to the Administrative Direction and Responsibility of the Building Commissioner. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 20 of Chapter 503 of the Laws of 1908 (Sec. 2-19 as codified`' is hereby amended as follows: Sec. 2-19 Commissioner of Buildings; Appointmezo;` Powerw,- Duties , , Compensation; authority of Council to Adopt BufUting pt ,O. The commissioner of buildings shall be under the administrative direction, the controller. He shall be appointed by the mayor, subject to the approval of common council, for an indefinite term. He shall be removable following reasonabe< notice and a public hearing, if he should request such hearing, (a) by the common' council by the affirmative vote of at least two-thirds of the alderman or (b) by the mayor with the approval of the common council. ss `' Thy commissioner of buildings shall be the enforcement officer of the building code;- zoning ordinance, sign ordinance and mobile home park orsiinante. The commissioner of buildings shall have power to enter q;,1d examine all p, ises` and buildings, and to prevent all practices which mad e a menace to life Or property; to prevent and regulate the construction of any �Oldini which may'` be found to be dangerous by reason of faulty construction, an4 44 thIUse of an ex Ling structure found to be in dangerous condition by rgj$on dry 4 dilap- ation= decay or faulty construction, to cause the owner or occutpt d sn�h wilding to put it in a safe condition; and in case the owner 01 occupftt sh4J1 refuse or neglect to do so and to comply with the provisions tqie building code of the City of Ithaca now in force or hereafter adopted, said #lding commissioner shall have power to cause such building to be made safe at the " ense of the oVner gr occupant and to collect the costs and expenses thereof by s+' in tho name of the city brought against the owner or occupant violating the provi uJpns puck} building code, or refusing to comply with the directions of shuii 4i'ng commiaa- loner; such action to be brought in the city court of the cit pk the expense` of said repairs or alterations may be assessed upon the proper spa improve6 or benefited thereb and collected b warrant issued b the commo y� Y y apuncil to the city chamberlain, and enforced by levy and sale in the manner "T 'ided for the bollection of taxes. The-common council may adopt 4 building code fot regulating ;} e construction, lnspectioi4 moving or raz1aig cf build ngs, and for the regulatipp'bf all building gperattoat, and provide 'penalties for' #,he violation thereof. The compensation of the commissioner Of buildings shall be f**- qd by the common c+oancil. I Section .2. 5ectiot! 20 of`PhAttex 503 of the laws of 1908 (Sec. 2-49 as codifJ4) and all laws emendatory ���t6*9, I are hereby repealed. wl 5f'� -10- November 7, 1973 Section 3. This local law shall take -effect immediately upon its being filed in the office of Secretary of State. After discussion on the council floor, the Clerk polled the aldermen by roll call vote which resulted as follows: AYES (13) Boothroyd, Nichols, Meyer, Boronkay, Jones, Stein, Saccucci, Barber, Wallace, Slattery, Gutenberger, Schmidt, Brock. NAYS (1) Spano Approved pp by me this 'SO day of November, 1973 and designated Local Law #3, 1973. a jj tMayor, City of Ithaca Local Law: By Alderman Stein; seconded by Alderman Jones, RESOLVED, That the following proposed Local Law be lifted from the table and be presented to Council for adoption. O A Local Law Amending Section 107 of Chapter 503 of the Laws of 1908, being the Charter of the City of Ithaca, Section 5-1 as codified, in Relation to the Appointment of Commissioners of the Board of Public Works. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1. Section 107 of Chapter 503 of the Laws of 1908 (Sec. 5-1 as codified) is hereby amended as foll.tus: Sec. 5-1 Appointment of Commissioners: Board of Public Works Constituted The mayor shall nominate from the electors of the city and, by and with the consent of the common council, shall appoint six commissioners who, with the mayor acting as presiding officer, shall constitute the board of public works. Section 2. Section 107 of Chapter 503 of the Laws of 1908 (Sec. 5-1 as codified) and all laws amendatory thereto, are hereby repealed. Section 3. This local law shall take effect immediately upon its being filed in the office of the Secretary of State. The Clerk polled the Alderman by roll call vote which resulted as follows: AYES: (13) Brock, Schmidt, Gutenberger, Slattery, Wallace, Barber, Saccucci, Stein, Jones, Boronkay, Meyer, Nichols, Boothroyd NAYS: (1) Spano Approved by me this C%_lday of November 1973, and designated --Local Law # 4 1973. Mayor, City of Ithaca, PT.Y,T Local Law: By Alderman Stein: seconded by Alderman. Schmidt RESOLVED, That the following proposed Local Lacy be lifted from the table and be presented to Council for adoption. A Local Law amending Section 108 and Section 109 of Chapter 503 of the Laws of 1908, being the Charter of the City Ithaca (Section 5-2 and Section 5-3 as codified) in Relation to the Terms of Office of Commissioners of the Board of Public Works. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITPACA, NEW YORK, AS FOLLO14S: Section 1. Section 108 and Section 109 of Chapter 503 of the Laws of 1908 (Sec. 5-2 and Sec. 5-3 as codified) are hereby amended as follows: Sec. 5-2 Terms of Office of Commissioners; Eligibility for Reappointment; Transition Procedure, -11- November 7, 1973 At *the first regular meeting of the common -council in January of each year, the many'* 'bhall, from the electors of the city, nominate and by and with the consent of the common council appoint two commissioners to fill the vacancy of the expiring terms, which appointments shall be for terms of three years from the first day of January. The appointment of such commissioners shall be made so that no more than three commissioners,other than the mayor, shall belong to the same political party. Recognizing that the current terms of the commissioners are for six y#ars and a transition period is required, the following system shall govern appointments until January, 1977: At the first regular meetings of the common council in January 1974, 1975 and 1976, one appointment shall be made for a three year term. At the first regular meeting in January, 1977 and for each year thereafter, two new appointments shall be made, each for a three year term. Section 2. Section 108 and Section 109 of the Laws of 1908 (Sec. 5-2 and Sec. 5-3 as codified) and 411 laws amendatory thereto, are hereby repealed. Section 3. This local law shall take effect immediately upon its being filed in the office of Secretary of State. The Clerk polled the Aldermen by roll call vote which resulted as follows: AYES: (10) Boothroyd, Nichols, Meyer, Boronkay, Jones, Stein, Slattery, Gutenberger, Schmidt, Brock FAYS: (4) Spano, Saccucci, Barber, Wallace Approved by me this 3041N- day of November 1973 and designated Local Law # 5 1971. a,�n Mayor, City of Ithaca, N.Y. &aE#1 Law By Alderman Stein; seconded by Alderman Jones, RESOLVED, That the following proposed Local Law be lifted from the table and be presented to Council for adoption: A Local hkia Winding Section 110 of Chapter 503 of the Laws of 1908, being the C44Wter of the City of Ithaca (Section 5-4 as codified) in Relation to Vacancies on the Board of Public Works. BE IT ENACTED BY TIM COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AS FOLLOWS: Section 1, Section 110 of Chapter 503 of the Laws of 1908 (Sec. 5-4 as codified) is 'hereby amended as follows: Sec. 5-4 Vacancies During Term A vacancy, other- than by expiration of term, shall be filled for the remainder of the unexpired term in the manner provided in Section 108 of this Charter (Sec. 5-2 as codified) -, Fection 2. Section 110 of Chapter 503 of the Laws of 1908 (Sec. 5-4 as codified) and all laws amendatory thereto, aru hereby repealed. $ection 3. This local law shall take effect immediately upon its being filed in the office of Secretary of State. The Clerk polled the Aldermnq by roll call vote which resulted as follows: AYES: (13) Brock, Schmidt, Gutenberger, Slattery, Wallace, Barber, Saccucci, Stein, Jones, Boronkay, Neyer, Nichols, Boothroyd NAYS: (1) Spano Approved by me this 3 01t day of November, 1973 and designated Laical Law #6, 3. al Mayor, City of Ithaca, N.Y. -12- November 7, 197J CLARIFICATION OF RESPONSIBILTY OF DEVELOPMENT COORDINATOR - No Report. REVIEW OF CHARTER, NEED FOR CITY MANAGER - No Report. CHANGES IN PLUMBING CODE - No Report. PUBLIC SAFETY COMMITTEE Specifications for Police Commissioner - Alderman Gutenberger reported that the , specifications for Police Commissioner have been completed and his committee will review the report. Abandon Vehicles - No Report Resolution for Closed Circuit Television By Alderman Gutenberger; seconded by Alderman Boronkay, WHEREAS Sealed Bids were opened for installation of Closed Circuit Television at the Hall of Justice on November 2, 1973,and WHEREAS, Ashton Communications Systems Inc. , 5 Glenwood Ave. , Binghamton, N.Y. submitted the low bid of $5,434.68, and WHEREAS, such bid meets or exceeds all specifications as advertised, NOW THEREFORE BE IT RESOLVED, That Ashton Communications Systems, Inc. bid of $5,434.68 be accepted. Carried Maple Hill Apartments Petition Requesting Bus Service for Belle Sherman School By Alderman Boothroyd; seconded by Alderman Barber, RESOLVED, That this tiem be removed from the Agenda, and the Petition be referred to the Board of Education. Carried East Spencer Street Residence Petition Requesting Reduction of Speed Limit- No Report. HUMAN SERVICES COMMITTEE GIAC Request to Merge with Ithaca Youth Bureau Alderman Nichols reported that progress is being made on the merger of these two groups. Rink Time Cass Park Alderman Nichols reported that a schedule has been printed up, and copies were passed out to the Counc:M for their information, and are also available to the public. Youth Bureau Continuation Resolution By Alderman Nichols; seconded by Alderman Barber, WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau Project to the New York State Division for Youth for it's 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 an 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 Recreation Project Continuation Resolution By Alderman Nichols; seconded by Alderman Barber, WHEREAS, the City of Ithaca is about to submit an application for continuation of the Recreation Project to the New York State Division of Youth for its approval, and, if approved, to apply subsequently to the State of New York for partial reimburse- ment 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 158 -13- November 7, 1971 YOUTH BUREAU ADVISORY BOARD RESOLUTION: By Alderman Nichols: seconded by Alderman Barber WHEREAS, the Ithaca Youth Bureau is interesting in supporting the work of the Big Brother-Big Sister program now housed at the Greater Ithaca Activities Center; and WHEREAS, the Ithaca Youth Bureau will be fully reimbursed for its contribution to said Big Brother-Big Sister program in the amount of $3,800 by funds available from the New York State Division for Youth if their application is approved by this Common Council, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby authorize the expenditure of $3,800 presently on hand in the Youth Bureau budget for the Big Brothe Big Sister program, said money to be reimbursed to the Ithaca Youth Bureau by the New York State Division for Youth. Carried PLANNING & DEVELOPMENT COMMITTEE CALDWELL-ROTHSCHILD DEVELOPMENT: Mayor Costley commented that he anticipated the starting of construction in the early part of December. ITHACA MALL: Alderman Jones reported that the consultant is now working on information supplied to him by the Department of Budget and Administration, and the Planning Department. The traffic consultant is also working on the project. The Planning Department is negotiating with Mr. Egner for the continuation of the working drawings for the Ithaca Mall. LETTER FROM DR. STURGIS REGARDING USE OF TIN CAN: Alderman Jones said her committee is still investigating this matter, and hoped to have a recommendation in December. SALE OF LAND ON FLORAL AVENUE RESOLUTION: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, the Planning Board and Board of Public Works have recommended that land between 441-451 on Floral Avenue be offered for sale, VOW BE IT RESOLVED, That this land be appraised at a cost not to exceed $125.00 and that this price be added to the sale price. .. Carried PLANNING ASSISTANCE PROGRAM: Alderman Jones reported that a copy of a proposed resolution was placed on each alderman's desk and action on this resolution will be requested at the December meeting. HOUSING AUTHORITY: Alderman Nichols reported that the Housing Authority is working on the design and approval of the additional thirty units at the corner of Center and Plain Street. Bids have been received for a plan that the Housing, Authority had for a site to build a clinic in the downtown area, if a primary health clinic should be established. ITHACA HOUSING AUTHORITY APPOINTMENT: Mayor Conley announced that he was appointing Mr. Frank C. Baldwin to a five-year term effective October 18, 1973. ELANNING COMMITTEE RECOMMENDATIONS: By Alderman Jones: seconded by Alderman Stein RESOLVED, That the following be referred to the appropriate committees: pEHOLITION PERMITS: Refer to Charter and Ordinance Committee. SITE PLAN REVIEW OF ANY NEW CONSTI'I1i '. ION OF ANY SIZABLE DEGREE: Refer to Charter nd Ordinance Committee, and Plan-_.ziig Department. MINOR SUBDIVISION REGULATIONS - SUPPLEMENT TO EXISTING REGULATION: Defer to Charter and Ordinance Committee, and Planning Department. SPECIAL USE ZONE REGULATIONS: Refer to Charter and Ordinance, and Planning Department. Carried CITY OWNED LAND ON SPENCER ROAD: By Alderman Jones: seconded by Alderman Stein RESOLVED, That this matter be referred to the City Attorney to draw up a lease, and to Budget and Administration for financial clarification. iC re i 1 -14- November 7, 1973 EXECUTIVE COMMITTEE: Alderman. Schmidt reported on his committee's negotiations with the Town of Ithaca on the Fire Contract. Alderman Meyer commented that we do need the co-operation of the Town but at the same time we have a responsibility to our constituents in the City, to make this contract far more equitable than exists at the present time. Alderman Barber said he agreed with Alderman Meyer. REVENUE SHARING SUB-COMMITTEE: Alderman Boronkay reported that his committee was planning to give their recommendations to the Budget and Administration Committee by the end of this month. BUDGET AND ADMINISTRATION COMMITTEE C.S.E.A;REQUEST: No report City Office Hours: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That Section 2-7 of the Code of Ordinances be rescinded in its entirety, and BE IT FURTHER RESOLVED, That the following "New" Section 2-7 be approved: "All City offices shall be closed for the transaction of business on Saturdays, Sundays and all legal holidays; and on all other days said offices shall be open for the transaction of business from 8:30 a.m. to 4:30 p.m." Said Resolution will take effect November 12, 1973. AYES: (13) NAYS: (1) - Meyer Carried LEGAL COUNSEL FOR THE MALL: No Report. RETAINAGE LEGISLATION: Section 106 of the General Municipal Law permits contractors to withdraw cash retainage by depositing with the City, bonds or notes of the-United States or New York State equal to the retainage. Section 106 (a) adopted in 1972 authorizes political subdivisions to impose a fee upon each contractor for such service charge for receiving, handling,, and dispursing funds and coupons pursuant to Section 106. It is the recommendation of the Budget and Administration -Committee that a fee be charged. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the City of Ithaca hereby levies a two percent (2%) service charge for all contractors who withdraw cash retainage as provided in the General Municipal Law Section 106. Said service charge to be collected at the time of withdrawal of the cash retainage. That this Resolution take effect immediately upon its adoption. Carried BUDGET AND ADMINISTRATION CO121ITTEE DESIGNATION: The City negotiator has requested a formal designation of the Budget and Administration Committee as the labor negotiating committee of the City of ?thaca. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, That the Budge_ and Administration Committee of the Common Council be and they are hereby designated as the labor negotiation committee of the City of Ithaca. t Carried SALARY STUDY: The Budget and Administration Committee has met with all of the unions and discussed the proposed salary study for the City r�- Ithaca personnel. All units have responded except the Policemen's Benevolent Association. PERSONNEL: By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That Mrs. Suzanne Bordoni be provisionally appointed to the position of Senior Clerk at an annual salary of $5,091 yearly effective November 12, 1973. Carried -15- November 7, 1973 By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That Miss Claire Palermo be provisionally appointed to the position of Senior Stenographer at an annual salary of ;5,748 yearly. AYES: (13) NAYS: (1) - Wallace No recommendations on Maternity Leave at this time. Carried CORRECTION OF ASSESSMENT ROLL: A petition has been filed by Thomas G. Payne, + Tompkins County Director of Assessments requesting the correction of an erroneous assessment on the 1973 tax roll. 702-704 East State Street was erroneously assessed for $39,000. Whereas the same should have been assessed for $29,000. The taxes have been paid. Therefore, the City Chamberlain requests authorization to refund said taxes. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the City Chamberlain be authorized and directed to refund $170 paid by the owners of the tax map parcel 68-3-17, also described as 702-704 E. State St. Carried EXPUNGEMENT OF TAXES: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the following Tax Deeds and Certificates owned by the City of Ithaca be and they are ordered expunged as recommended by the Chamberlain and the Controller. From, E. Est. (L. Lajza reported owner) 212 Cleveland Ave. Year Sold Deed to Date of Deed Amount 1969 City of Ithaca November 27, 1970 $222.94 1970 if IT it November 26, 1971 238.43 1971 December 1, 1972 240.29 ' 1972 '° '° °' 172.07 Total $873.73 Less Received from County -758.78 Amount to be Expunged $114.95 Carried FULL TIME CITY ATTORNEY: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the Budget and Administration Committee hereby recommends the creation of the position of a full time City Attorney effective January 1, 1974, and BE IT FURTHER RESOLVED, That this matter be referred to the Budget and Administration Committee and the Charter and Ordinance Committee to make the necessary legal and financial recommendations to effectuate this recommendation by the December 1973 regular meeting. Carried AUDIT: By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $13,723.30 as listed on Audit Abstract #11-1973 be approved for payment. Carried ik BOARD OF PUBLIC WORKS ANNUAL REPORT: By Alderman Spano: seconded by Alderman Barber if RESOLVED, That the Board of Public Works Annual Report for 1972 be accepted. Carried On a motion the meeting was adjourned at 10:51 p.m. r f Ims's oseph A. Rundle, City Clerk Edward J. ConlW' stay J or L COMMON COUNCIL P"^^EEDINGS CITY OF ITHACA, NEW 'YORK Special Meeting 7:30 p.m. November 28, 1973 PRESENT: Mayor - Conley Aldermen(14) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace OTHERS PRESENT: City Attorney - Gersh Police Chief - Herson City Controller - Daley Urban Development Corp. - Keane Planning Director - Van Cort City Clerk - Rundle Supt. of Public Works - Dingman PERSONS APPEARING BEFORE COUNCIL BOARDMAN HOUSE: Mayor Conley commented that the City should consider asking the County to give the City the same courtesy that we would get from anyone else who it planning on doing anything in that district. As a result of the people who will be C) addressing Council tonight, Mayor Conley said he would ask Council to authorize him to direct the City Attorney to ask for a temporary stay, or to ask the County to 1 follow the same procedure as would any other private institution or individual in a historic district. Mayor Conley said because it is not listed on the agenda, he was fully aware of the fact that any Councilman could raise an objection and it would not be considered at this meeting. In the event this happens, Mayor Conley said that he had a letter that states as follows: We the undersigned members of Common Council of the City of Ithaca do hereby support the directive of the Mayor to the City Attorney, that the application be made for a temporary injunction to stay Tompkins County, its agents, its employees, from taking any action to alter or raze the Boardman House until a court hearing may be held. If the Council has an objection,Mayor Conley said he would pass the letter around Council; and if seven Councilman signed the letter he would direct the City Attorney Gersh, knowing that it could be put on the agenda at the next meeting, and that he would have the support of Council. No Councilman objected. MRS. ISABELLE FLIGHT of 228 Dryden Road appeared before Council. Mrs. Flight said a group of citizens including herself have been working hard to find a way to preserve the Boardman House. Mrs. Flight commented that in the. very short time they had to work on it, only eight weeks, her group raised $20,000. This was accomplished without a formal fund drive. She said that since Monday, her group has received three proposals for the use of the building. Mrs. Flight said once the Vrecker's Ball starts they have no way of preventing it, and once it starts they have no way of reclaiming the building. Mrs. Flight said the only time that will be available is what the Common Council will give them, by virtue of directing the City Attorney. Mrs. Flight said because of the significance of the building; she was appearing before Council to ask the Council to please consider asking their attorney to proceed with whatever is necessary legally, to give her group more time to try to make the Boardman House saveable by virtue of a proposal that the County Board will accept. Mrs. Flight said that the State of New York Historical Society is about ready to assign $10,000 in state money to Ithaca to preserve the building, and an additional $5,000 would be available if needed. She said this grant from the State would be good for two years, totaling $30,000. MR. IRNEST ROBERTS, Chairman of Ithaca Landmarks Preservation Commission appeared before Council. Mr. Roberts commented that the Boardman House has received Historic Landmark status from the City, and is located in a designated historic area abutting DeWitt Park, a^.d is registered as a National Historic Landmark. The City's own code provides that wake a building is designated, it cannot be demolished without a hearing by the City Commission. Mr. Roberts said if we are to remain loyal to that designation, and if the City is to remain loyal to the ordinance they have passed setting up this commission, that is the necessity of insisting upon an 1 application for a demolition permit by this commission. A permit must be granted if there is no reasonable return upon the building. Mir. Roberts said the only thing his commission is asking, is that the application for a demolition permit come before the Ithaca Landmarks Preservation Commission. Mr. Roberts said that the destruction of Boardman House deals with a question of environment, and that the National Environmental Policy Act of 1969 was created to preserve the important historical and cultural aspects of the National Heritage. Mr. Roberts said that the State and County do not have the authority to override a City's designation of a landmark but that they must go through the proper channels and cannot arbitrarily cut red tape because it pleases them. -2- Novembdt' 28, 1973 MR, FRANK BALDWIN from the DeWitt Park Committee said his committee was very much interested in saving Boardman House. GERTRUDE COLEMAN from McGraw Housing commented that she would also like to see the Boardman House saved. After discussion on the Council floor, the following resolution was presented: By Aldermen Jones: seconded by Alderman Schmidt WHEREAS, this Common Council has enacted the City of Ithaca Landmarks Ordinance (Sec. 2-30 through 2-39 of the Code of Ordinances) which establishes an Ithaca Landmarks Preservation Commission, and WHEREAS, said Commission is charged with the responsibility of passing upon appli- cations to demolish structures within the Historic District de-'. ;hated by this Council, -and F; WHEREAS, Boardman House is such a structure, and WHEREAS,,-, The Tompkins County Board of Representatives has announced its intent to demolish Boardman House without making application for demolition from the Ithaca Landmarks Preservation Commission, NOW THEREFORE, this Common Council directs the City Attorney to make application ` for a temporary injunction to stet the Tompkins County Board of Representatives, its employees and agents from undertaking any alteration or demolition of the Boardman House unless and until a demolition permit is obtained from the Ithaca Landmarks Preservation Commission. A roll call vote was taken which resulted as follows: AYES (14) - Gutenberger, Schmidt, Boothroyd, Spano, Meyer, Saccucci, Barber, Wallace, Slattery, Nichols, Jones, Boronkay, Stein, Brock NAYS (0) APPOINTMENT BY MAYOR: Mayor Conley announced the appointment of Mr. Ralph P. Balding to the Board of Public Works as a Commissioner to replace Mr. William S. Downing, Jr who resigned, terth to expire December 31, 1974. FBy A derman Wallace: seconded by Alderman Spano, RESOLVED, That the appointment of Mr. Ralph P. Baldini as a Commissioner of the Board of Public Works to replace Mr. William S. Downing, Jr. , term to expire December 31, 1974, be approved. Carried C0 MICATIONS: City Clerk Rundle read the following letter from the New York State Electric & Gas: Dear Mayor Conley: New York State Electric & Gas Corporation is establishing a program to bill customers now taking electric service under a lesser contract rate, at the appropriate filed tariff rates. The rate under which you have been billed for electric services at various locations in the City of Ithaca was established under contract between us dated March 9 0. 1939.. For this reason, we are at this time notifying you of the .termination of our contract for electric service effective as of February 28, 1974. We will continue to serve your requirements under our tariff as filed with the Public Service Commission with modifications as outlined below. In order to reduce the impact of the filed tariff rate4 we propose to put them into effect in increments. As of March 1, 1974, your billings will be Increased 20% for a 12 month period, at the end of that 12 months the billings w#1 again be increased by 20%. If necessary, these incrementa'f increases will cgntinµe in like fashion until you reach a point where your billings are equivalent to the filed tariff rate. From that point on you will continue to be billed at the appropriate filed tariff rate. This proposed procedure is covered on the attached service applications which we ask you to execute and return to us. A copy of the appropriate filed tariff is enclosed. Very trply yours, J. A. Carrigg General Matnager - Ithaca Area ................_.._._... 6 -3- November 28, 1973 Mayor Conley commented that he had d3scusaed this matter with Superintendent Dingman, and that he will be in contact with the New York State Conference of Mayors. Superintendent of Public Works Dingman commented that he feels that the New York State Electric & Gas operates under a franchise from the City, it uses the City's rights-of-way for the transmission of their current, and enjoys many other special privileges because it does business through a franchise within the municipality. The municipality has evey right to seek and to get special treatment as far as rates are concerned, from the Electric Company. Mr. Dingman said he suggested to the Mayor that we work with other cities facing the same problem, through the Conference of Mayors. SENECA STREET PARKING RAMP: City Attorney Gersh commented that back in April Council authorized the Mayor to enter into a lease with the N?;� vork State Urban Development Corporation to lease the Tioga-Seneca Parking fa.,,:' ' --y for annual cost of approximately $138,840. This figure was based upon an estin_-- .P_d total development cost of $1,820,000 which the City would pay over a forty year period. During the course of construction it was necessary and appropriate for a number of changes, and additions, and alterations to be made at the City's request by the contractor. On November 14, 1973, the Urban Development Corporation staff structual engineer r� and staff architect visited and inspected the parking facility. A letter was sent Q� which was received Monday, stating that they have reviewed the claim submitted for �^ these change orders, and they find these claims to be reasonable and legitimate and recommend their approval. The total amount of the change order comes to $8,776. The total actual development cost will not be increased by that much, because the contractor was able to bring in the project for less than what he originally anticipated. The net result even with the change order the total actual development cost will be $1,823,000 instead of $1,820,000. Mr. Gersh said this is an admirable job on the part of this contractor, bringing it in that close even with about $8,700 additional changes made to the structure. Mr.',,Gersh said the reason this is before Council tonight is that tomorrow the Mayor wild be going to New York to sign the lease. Mr. Gersh said he felt it was necedssary to have the Council's consideration and approval of the additonal amount. The total development cost will be about $3,000 more, the annual cost will also be slightly more. The $3,000 will be amortized over a forty year period. Stewart and Bennett's treasurer will be certifying the accuracy of their bill. This -amount will be paid by UDC to Stewart and Bennett; $100,000 will be withheld from Stewart and Bennett by UDC until an independent audit is made. After discussion on the Council floor, with several Aldermen asking questions pertaining to the parking facility, the following resolution was presented: By Alderman Jones: seconded by Alderman Schmidt WHEREAS, by resolution adopted by this Common Council on April 4, 1973, the City of Ithaca agreed to lease the Tioga-Seneca Parking Facility from the New York State Urban Development Corporation at an annual cost of approximately $138,840, and WHEREAS, said annual rental was based on an estimated total development cost of $1,820,000, amortized over a forty year term, and WHEREAS, during the construction of said facility, the City requested that certain changes and/or additions be made to said facility, the cost of which amounts to $8,776, and WHEREAS, the facility, now substantially completed, has been inspected by Mr. Didier Thomas, UDC Staff Architect and Mr. George Plevich, UDC Staff Structural Enginjer, who have certified that the changes requested by the City are reasonable and lsgitimate and have recommended their approval, and WHEREAS, the actual total devc'ipment cost, including the sum of $8,776 for change orders, amounts to approximately $1,823,000, requiring only a slight increase in the annual cost to be paid by the City. NOW THEREFORE BE IT RESOLVED, that the change orders in the amount of $8,776 be approved and the annual cost contained in the City-UDC lease be adjusted to include this additional sum. A roll call vote was taken which resulted as follows: AYES: (12) - Brock, Stein, Boronkay, Jones, Nichols, Slattery, Saccucci, Meyer, Spano, Boothroyd, Schmidt, Gutenberger NAYS: (2) - Barber, Wallace Alderman Wallace said that he wanted to extend to Stewart and Bennett publicly, a vote of thanks and gratification for completing the structure within the time limit. 164 -4- November 28, 1973 PUBLIC HEARING RESOLUTION: By Alderman Jones: seconded by Aldarmar# Boothroyd BE IT RESOLVED, that Common Council call for and hold a public hearing on December 12, 1973, at 7:30 p.m. in Common Council Chambers,to consider the sale by the City to the New York State Urban Development Corporation of land consisting of a parcel of approximately 17,341 square feet (presently constituting South Tioga Street between East State Street and East Green Street) and a parcel of approximatley 26,229 square feet in Block 201 along the north side of East Green Street. The total purchase price will be $71,751.00. Such parcels are shown on a survey entitled "New York State Urban Development Corporation Property Acquisition Map for Ithaca Shopping Mall, Department Store and Parking Structure" dated August 23, 1973, prepared by Thomas G. Miller, licensed surveyor No. 23896 and filed in the office of the Clerk of Tompkins County on September 17, 1973. Such sale is in furtherance of the proposed development of the central busisess district of City by UDC. The development will include a parking facility, a retail shopping mall and a new Rothschild's department store. Carried REPORT OF MALL COMMITTEE: Alderman Jones presented a report on some of the work that the Mall Committee has done. The Economic Consultant, Mr. John Prather Brown, was introduced by Alderman Jones, and presented the following report to Council: ALTERNATIVE METHODS OF FINANCING THE ITHACA MALL I have been asked to help establish a means of taxation for the mall. responsibility is to present a menu of possible taxation schemes with a dia $ on of the relative merits of each. The actual choice of a taxation scheme is, p i; course, a decision which should be made by the appropriate elected representgti . My'task is to help inform that decision. ,iy attention has been focused on the possibility of establishing a benefit, district-which is limited' in size to-bear,part' or all of the cost of the mall as opposed to `financing it from` the general revenues of the City. The extent to which the mall is financedfrom general revenues of the City is, again, for the elected 'representatives to decide. The discussion which follows is 'deeiigned to to offer some general'guida' a for makirig'that'decision as well: ,There are three' goals in the establishment of a taxation base. First, the cost of the mall should -be distributed in the same way that the benefits to the mall are distributed. Second, the' 'taxation scheme -should not set up inappropriate incentives, for example, the taxation scheme should not cause people to stay away from the mall. Third, the taxation scheme should be relatively simple to admipister. I 'have assumed that the amount of monej'to be borrowed for the financing of the mall is one million dollars. I have chosen a million dollars because 'itt 'seems to be near the estimate of cost; it is easy to calculate, and it can be easily , changed to accommodate a different estimate. Further I have assumed that the rate of interest available to the city is 6%. Changes in this would necessitate recalculation. I have also assumed' thai the City will be able to borrow the" money for 20 years. This will require some legislative change but I have been requested to make that assumption. When the City raises funds using a bond it is required by law to pay the principle back in equal annual installments, hence, the interest and the total debt service `Are not constant from year to `year but are considerably larger the first year tfian 'the last. Under our 'assumptions the debt service in the first year would be $110,000 and in the twentieth year would be $53,000. Therefore, the time stream of the debt se--vice is quite different than in a mortgage which has constant annual debt service. 'Thls legarl requir be quite.arb'itrary e and pf questionable value to anyone. It would be much 'simpler for the 'City and its taxpayers'if the annual debt service were constant rather than declining for -the same reason that it is much simpler for a'private `borrower to have a I mortgage'' with;_equal monthly payments rather than with'payments declining according to the rate of interest. The debt service for the capital cost is not the 'only annual"charge to lie ' associated with the -mall. Above and beyond the capital cost will be maintenance costs. I have not received the expected annual value of maintenance''4ts from the City. -5 November 28, 1973 One of the most useful-functions-the City could perforce would be to change the time stream of payments for debt service. That is, theCity could charge the benefit district a constant annual amount where that as+ount would be chosen so that the City neither made nor lost money. In effect the 'City'would change the debt service as seen from the benefit district from a large and declining sum to an initially smaller but constant sum. For a million dollars at 62 the appropriate equal annual payment would be $87,180. �:.,.. II THE CHOICE OF A BASIS FOR ASSESSMENT It is axiomatic that the mall should be built if its benefits are greater than its costs, all things considered. If we could precisely measure the benefits of the mall then our task would be trivial. If the total bemr-rf' were, for example, 2 million dollars, then we could impose a 50% tax on those beriv.i=ts to cover the 1 million dollar cost of the mall. Unfortunately the task is not so simple. We do not know with any precision what the benefits of the mall will be, nor are there studies that can be made that would give us this kind of information. The benefits of the mall are simply too unpredictable to be accurately measured before the mall is built. Whether or not to build the mall, then, is largely a question of good business judgment. Do the relevant responsible people believe that the mall will be worthwhile? Has the issue of the mall been the subject of :IJ careful deliberation? It will come as no surprise to a businessman that this decision, like many investment decisions, has to be made on the basis of judgment. I ;know of no studies that could be made, sophisticated or otherwise, that would add greatly to our knowledge of what the benefits of the mall will be. Pedestrian malls like the Ithaca mall are relatively new and there has not been a great deal of information gathered about them. This is a characteristic of all innovations and, in itself, should not deter. Where empirical evidence is not available sound judgment must prevail. To aid that judgment by giving the interested parties a better idea of what the mall will cost I shall present several different possible bases for assessment and shall describe some of their merits and demerits. i THE IDEAL BUT IMPRACTICAL BASIS successful mall will have as one of its major effects an increase in surrounding property values. It is a widely accepted proposition in Location economics that the change in market property values resulting fin a public improvement like a mall; an improved street, or a parking lot is the best measure of the benefit of such an improvement. If we had an accurate measure of present property values (market values not assessed values) and watched them change as the mall was built, we would have an excellent measure of the benefit of the mall. At least this would be true if there were no other changes occurring simultaneously with the building of the mall. Unfortunately, certainly in Ithaca, this is not the case. Moreor less simultaneous with the planning and building of the mall is the construction of two large parking ramps and the construction of a major new department store and shopping complex, all of these adjacent to the mall area. Therefore, it would be very difficult to isolate the effect of the mall which would be necessary for the change in property value to be an appropriate measure of the benefits of the mall. Assuming we had an accurate measure of the change in market property value we would divide the total cost of the mall by the total change in market property value to get the tax tate. Call it X percent. Then each owner would be liable for X percent of his own change in market value and would have (100 X) percent as a clear profit. This way everyone benefits from the mall and everyone pays his share. Xptice that we have here said nothing about the financing of the tax assessment. We have talked in terms of a lump sum, one-time assessment for the cost of the mall. The building of the mall does two things, it raises property values and it causes a tax liability to be incurred. These two things presumably happen more or less simultaneously. The change in property value, in principle at least, should be sufficient to more than cover the amount of the assessment; then each individual taxpayer could finance the assessment in the way most convenient to him. This, however, would require a great deal of individual financing which would be very complicated and expensive. Furthermore, the City has access to considerably lower interest rates than do individual taxpayers. Therefore, it makes sense for the City to finance the mall and have individual ' taxpayers pay on an annual installment. ' Because of the lower interest rate available to the City it is more economical for the City to finance it over as long a period as possible. e , H { s 0 • . r.^ R • LESS IDEAL BUT MORE PRACTICAL TAX BASS A VIA%ft 4Mc.Ussad the ideal let ug tsaf% $p I*q W F€ 1. In e S. p4i"le -tax bases we shall have 'to confront tbt :same problem, n bav :to handle the -borders of the assessment district. The problem is 111 -111ally the same-for each of the possible bases so let us deal with it here. The simplest way to handle the problem, is to assume that inside a particular district , r benefits are shared equally according to the tax basis and outside there are no benefits whatsoever. That is, there is only one homogeneous tax district and everyone pays the same rate. The problem with this, of course, is that no one III believes that benefits fall from full benefits to no benefits at an assessor's line. They taper off as one gets farther and farther away from the mall itself. There_.are several ways of handling that tapering off. The first-way, which has been suggested in preliminary discussions of the mall, is to . .several assessment districts; a primary district, a secondary district, a ter__tiarq nistrict, etc. That suggests the benefits .go down as you go away from the mall in'a •stairstep' fashion, with the primary district having the highest rate, the secondary. district having the next highest rate, the tertiary the next, 'and so forth.' The problem with this is the same as a single district in that the edges of the district are °somewhat arbitrary and the farther out you go the more tenuous the benefits become. --An alternate method is to have the benefits fall off as a,function of the distance from the property to the mall. Each piece of property-outside the mall has a weight which is a function of its distance from the mall: The weight would give the percentage of the full tax to be paid by that property. '. roperty. '. The weight would drop off with distance from 100% -adjacent to the mall to 0% at the outer boundary. -TO find the weight we would measure the distance fVW the center of the lot to the.edge-of the mall; call that distance b. Call A* stter boundary of the district B. • Then 'the correct weight for a piece of properdy':J# 100 (1-D/B) . . For. example, a building-with its center 100 feet from the` nearevt age of a mall, and a boundary of.-250 ,feet its weight would'be 106, (1-106 )', &F $61. Then, for example, .if the assessment were based on=front fotftige at a fidut foot the owner of the building kr ip question would have to pay W'W front dot. ' A similar weight would apply if the basis were asseas&&valuatiotPOr any other tar. basis. Using this formula the tax rate would dine adita l gr y as you went away from the mall. Haw quickly it:: declines depends on v#are ydW put the outer border. This sloping boundiWthat� IThave juste described seems to have much to recommend it InequiA '•aKfifvP vk4t glari6J0k1.* when adjacthtt buildings have. greatly differing tail rates,-abs~VtJ*die case 9* 61e' boundary' & a usual assessment district. •With the 9V'1 'baty, neigl]�JCW will have diff tax bases but only slightly so realer that€'having large Jumps in'.arbitrary p aces. An outer boundary of 2S0 feet, which is t6t' length of a' short block, is the most conservative convenient figure. Now let,us turn to the seWrai possible tax bases one after another. Assessed valuation. _A stimOrd tax base for these kinds of purposes .is assessed`-valuation. 'To,caldVU 6`the-tax rate one divides the debt service by the-t W assessed valuation'o' the district or, if there is .a sloping boundary on s districts,'--the totallweighted assessed valuation. Thisives _the tax _rate is-usually expressed in •dollars per thoudand dollarok assessed valuation. For le, if the mall cost a million dollars and the borro gig rate were �iX " a .coit annual debt service is $87,180.00. If we only tax the property adjacent -to t"emall without a sloping boundary, there is assessed valuation of $11,521,750.00 and the rate per thousand dollars assessed valuation is $7.56. •..Now does the basis-,of •assessed valuai o'compare with our ideal basis of change in market value? They will be i if (a) assessed valuation consttant ,percent of i 'market value and x ) the change in market value .constant percett i a Of -market value. That is, if assessment procedures re�.C' elect market'values and -if -the benefits of the' mall are proportional to vaiue 44roperty, assessed valuation is a very good measure. The problems with assessed valuation arise when the assessed valu at � is not a roosts percentage• of market value or when the change in the market value is not a constant percentage of market value.- The first problem is not 1. Assessment of property values is well known to be very difficult and hence h arbitrary. But perhaps even more important is the second problem: the changa,AAroperty values will not be a constant percentage of property value. Consider even the simplest 167 -7- November 28, 1973 case with every piece of property along a street the same size and the same value. We would expect that the benefits from a mall in the center of that street would affect most strongly the nearest property owners and that benefits would decline for property owners farther away. Even in this simple case the change in property values is not a constant percentage of property values. In the case of the Ithaca mall we have yet another difficulty which is caused by the essentially simultaneous building of the Rothschild's- Caldwell complex. How much of the change in the property values of neighboring property will be caused by one million spent on the mall and how much will be caused by some ten times that much spent on Rothschild's-Caldwell? We are only interested in the first, but cannot separate the two. Similarly, it is quite unlikely that the benefits of the mall will be the same percentage of assessed valuation for the Rothschild's-Caldwell complex as it is for older buildings adjacent to the mall. This is a severe, if not fatal, problem with the assessed valuation basis. Front footage. This is perhaps the simplest basis for assessment. One simply divides the assessment by the number of front feet in the district (or number of weighted front feet) to get the rate per front foot. The front footage basis would be preferrable to assessed valuation if the change in market value were proportional to front footage and if assessment procedures were weak or arbitrary. The better the market in land works the more likely we would expect market value to be proportional to front footage. A problem that arises with front footage as a basis is that at any given time we might find adjacent parcels with the same front footage and quite different market values. In the long run, however, we would expect that market value would be proportional to front footage. , Square footage. A tax base which is in many ways similar to front footage is` square footage. It would differentiate between deep and shallow stores which have the same front footage. It is a question of judgment whether the benefits of the mall would be better approximated by front footage or by square footage. Both this square footage measure and the one that follows would be based on the square footage of the building rather than the square footage of the lot. As new buildings were built the new square footage would apply. Second and higher stories would not be taxed in order to avoid discouraging development. Corrected square footage. Square footage can be modified to avoid penalizing unusually deep buildings harshly by only taxing square footage that is within normal distance of 125 feet from the street. This correction is sufficiently complicated that it is difficult to understand, both in terms of how it works and what its purpose is. Other possible tax bases. Change in the number of customers going into a store. If the mall were successful we would expect an increased number of customers going into the stores. In a retail neighborhood like the Ithaca mall we would expect that the benefits of thg mall are closely correlated to the increase in the number of customers going into stores. Let us assume for a moment that we can count the number of customers both before and after. The advantage of such a basis would be that if there were no customers then hence no benefits, there would be no assessment. In that sense the stores would run very little risk. The only way that a store could be subject to a ;high assessment would be to have a large increase in the number of customers. A disadvantage of this basis is its difficulty to measure. We really will not have electric eyes or little men counting people going in and out of stores. However, it is useful to consider this advantage as a pure variant of some of the following, more practical, possibilities. Another difficulty is that the assessment will hit hard those retailers who have small profit per customer and will be a soft touch on those who have fewer customers but higher profit per customer. Another disadvantage is one that it shareswith a change in market value: it is Yiard to distinguish changes in the number of customers caused by the mall from changes caused by the parking ramps of the building of Rothschild's-Caldwell. We might end up charging for the wrong thing. Sample census of customers. A more practical but less elegant basis would be to have a sample census taken of customers going into stores on randomly chosen days. The rules for choosing the random days would be chosen in advance. A possible method would be to have customers counted on one day a month chosen randomly but to make sure that each. store gets an equal number of Mondays, Tuesdays P; •i/i -8- November 23, 1973 and so forth. This sample could be conducted both before and after the building of the mall and the total assessment could be proportioned to the changes in the number of customers in a sample. The more representative the sample, the more precise the measure of benefit would be. Another alternative is to conduct a sample only after the mall is built and have the assessment based not on changes in the number of customers but in total number of customers. The difficulties with any of these census approaches are, that the census would be difficult to administer, that it is sufficiently complex that some taxpayers might complain that it is unfair, and that its cost to any party is unknown in advance. Also it is sufficiently novel that probably some taxpayers might complain simply on the grounds of its novelty. The sample would have to be carefully done and would probably have to be repeated every few years. Parking--based schemes. A tax on parking validations. An intriguing possibility is to impose a tax on the validation of parking tickets. An outline of the way it works is as follows: The price of parking to'a customer if he does not have his ticket validated would be 15 cents ,per hour., If he does validate the ticket the first hour would be free to him but would cost the merchant who validated the ticket 15 cents. On top of that the City would add a tax of 10 cents, for example, so that the total cost to the merchant of validating the ticket would be not 15 cents but 25 cents. ' The advantage of this system is that the taxation scheme and hence the taxes pa* are probably proportional to the total number of customers. Again the tax would -only increase if the number of customers increased. It would have the further advantage' of no disincentive to park in the new garage. This is unlike a straight tax on parking which would raise the cost of parking to the consumer and provide him with a disincentive to park and shop. There are some serious disadvantates to this scheme as well. Many shoppers would visit more than one store. They may cluster their validations in one or a few stores, which would be inequitable. Also, if the merchants did not want to valuate parking in the first place, it would cost the merchant twenty-five cents to p y a ten cent tax. Next, there is an incentive in the system for the merchant to c4eat. He could offer to pay 15 cents out of the till rather than validate the parking ticket. To stop this would require some sort of control or policing mechanism which might be complicated and offensive. Another problem is that the amount of revenue that could be raised by this taxing scheme is uncertain. To use it would also require a fall back tax basis so that if the tax on parking validations did not raise the required revenue another system would be available. It could be handled rather like the deficit in a country club where at the end of the year if there is a deficit it is divided up among the members according to a prearranged schema , in our case front footage or assessed valuation. There might also be fegal probl*ms because of the agreement on the building of the parking ramps. It is also a novel scheme which would have difficulties that any new proposal would have. T.jx on parking. The City could have a tax on all parking in the area including the ramps and meters. The advantage is that the rate would be lower than just on validated parking because there is a larger base. The scheme has severe disadvantages, however. It would appear to the public that the public was paying rather than the merchants. This is a distinction without a difference, but would certainly not look good and would be very difficult to get approval for. Equally important the tax would provide a disincentive to park and shop which is exactly what we do not want to have. The scheme!.would be much more attractive if there were a shortage of parking spaces, which does not seem to be the case in downtown Ithaca. Tax competition. There is a potentially important benefit deriving from the ` mall which deserves mention. That is that the mall might prevent merchants in greater or lesser numbers from leaving the downtown area for a suburban shopping center. This would not affect the residents?of the City as consumers very much unless it were considerably more difficult to- reach the suburban shopping centers. However, there would be a greater impact on the residents as taxpayers since the sales and property tax bases of the City would be decreased, forcing higher rates. If the mall is successful we will not be able to measure the size of the benefit because the merchants would not move. I4 the same vein, if the mall is successcul it will bring merchants back to downtown, thereby increasing the tax base and lowering the rates. -9- November 28, 1973 f Both these benejfits, whictrifalA under the rubric of tax competition, are for the account of the pity at-lar�e rather than for the local benefit district. Therefore they pizoviide•jusiifimation for some measure of subsidy to the mall from the general reveaiiao of the City. What follows"ista table giving the tax base and tax rate for assessed valuation, front footage, square footage, and corrected square footage calculated for a district including the adjacent properties only ("mall alone"), for the adjacent properties with a 250 foot sloping boundary And for the adjacent properties with a 500 foot sloping boundary. V J {d �. Cd W 44 41 f� Q L G .a ►r1 O� �N 00 O y G G U U Ln Pq V V W p O ' � u 4 M N M Z Q 07 Lr G G t0 ri Ct' G 14 cd 0) 0 0 H M Ln N M .a �A M C N 43 N SI Ln R1 N ..0 CO N V1 Q V W Ln N V Q M M r♦ w .� 0) M Ln O ON a M ~ 0 CD Ca 0 0 0 0 CO N LM rq O .O h. O u w V1 O d U O) O 41 H 61 M W NOf O O U1 00 �► r1 .0 M r� CO M a�i a W w '" r'I %D M c Nord V iU+ O r-1 N v rn IH CO N Ln N N H O W r-1 .-i G N 'b -H 4 N Cd °o v d c w Q0 14 u, Cd r d d w oyr 0) CO � a: CCO c s+ '° o Q G ri 60 e� 0 x �� N 0 c 44 P-4 v o wQ y w ,u Ei m a C y 1 `cq w Cr U ac 170 -10- November 28, 1973 A question and answer period followed Mr. Browns presentation. MALL ARCHITECT CONTRACT: Alderman Jones passed out copies of an amendment to the original contract with Mr. Egner for Architectural Services. No action was taken. On a motion the meeting was adjourned at 10:36 p.m. 2 Jos ph A. Rundle, City Clerk Edward J. CgyY ey, Iftayor 7 COMM09 COUNCIL PR01CMTNG8 CITY 01 ITHACA, NEW YORK Regular Meeting 7:3a p.m. necember._9, 1973 PRESENT: Mayor- Conley Aldermen (14) - Barbe a Bodti*oyA6 rookaji Stuck, Gutenberger, Jones., Meyer, Nichals, Saccuceiy Sehstidt, Elatery, SpAno, Stein, W'a�lace OTHERS PRESENT: City Attorney - Gersh ?fie Chief - W"Vat City Controller - Daley *an Development bnip,.T Deane Building, Commissioner- Jones viban Renewal Adrl�is`trator - Brown Planning Director - Van Cort City Gierk R.ndie Superintendent of Public Works - Dllerl Acting Mayor Schmidt chaired the meeiW until MhaY4 bon7y' arrided at 8:60 p.m. All otesent were led by Acting Mayor Schmidt in the Fledge of Ai6giance to the American Flag. MINUTES: Acting Mayor Schmidt asked approval of the minutes tar the 'November 7, 1973, meeting. By Alderman Boothroyd: seconded by Alderman Stein W RESOLVED, That the minutes for the November 7, 1973, meeting be approved as recorded by the City Clerk. �1at��at� ADDITIONS TO THE AGENDA: Alderman Slattery requested the addition of two stems to the Budget and Administration Committee report p# follows-4 1. Resolution to authorize the City of Ithaea to obtain the services of Douglas R. Kingsley Associates for purposes of undertaking a position classification salary study 2. Hiring of an Account Clerk for the Chamberlain's Office. Alderman Stein requested the addition of the Acting City Judge anteMbent, laid on the table at the November 7, 1973, meeting be added to the agenda of the City Attorney's report. The Council had no objections to adding these items to the agenda. PERSONS APPEARING BEFORE COUNCIL MR. ALVIN KNEPPER of 100 Fairview Square appeared before Council and commented as follows: After watching events in this city government, I have come to the conclusion that a code of ethics to serve the public interest is direly needed. I have .read disquieting items in the newspaper over the years which suggested the possibility of conflict of interest of some legislators and/or city officials. The subject may * not soem to have any bearing on your office. or you - or does it? Restr*at3ve legislation in the field of ethics is not extensive. Perhaps this is a 6te because all such laws are self imposed. To some, suggesting and framing such standsiVs vaguely tmplies a previous guilty act, or an inability to withstand future pressures. This implication, although it is groundless, is associated with any rule of moral colkouct. If you strip a man of everything, but leave his integrity, your_bane not in the end done him too much harm. On the other hand, if you exploit his veo�eesses and; ethically seduce him, you destroy his value to himself and to everyone else. Each of us has a personal standard of conduct to which we adhere. And, as we puraueaux activities it is necessary to ponstmatly refer to this standard for guhimce. whea we or others attempt to compromise its =basic premise. The cynic who claims " at every man has his price has overstated his poitit. We all trace fAiings, we are constantly; tempted, and we live.in a. society.ttrat has c to the lacious conclusion that most problems are" best "xexo1ved t iPmgh comprmise. i� thical code, so surrounded by human frailties leads a viole, ;?,ife irk i" att tI to survive the endless temptations. A. casual observation of mu .'codes XiJXA4qWth4t they are basAC411y designed to protect the populace as a g from t4p, occusionar-dst vtpres f ypm the UV of a few. Why then do we ate. ;far all of t1►AS* we ser" `send do not establish p m ,jar protective legal free for OUX661y" ,° 'Ten. Cots have such great logic 1- 7 2 -2- December 5, 1973 and drt so uncomplicated that their need is overlooked. IIowever, if these basic precepts were not spelled out each person would form his own standard based on his perbohal strengths or weaknesses. If this was the accepted practice then none could evert be judged. We would live in a would characterized by a iit►e in a song from "9488 Me Kate" ". . .always true to you darling, in my fashion. .." This is obviously impossiblet In 1957 in New York titry, tdr exatfitle, toe have seen .Dome "in my fashion" legislators investigated ib determin if they hdd used their pidsitions for personal gain. Some resigned and some were cleared. . This led to a special committee on standards and ethics. to 1959, a dole, said to be one of the strongest in the equntry was ptoduced which setves as a guide for all governmental officials and employees. �, A city of Ithaca Code drafting committee should use the New York City code as a model and say in part: That no Mayor, Alderman or other officer or employee, whether paid or unpaid shall engage in any business or transaction or shall have a financial or other private interest—which is in conflict with the proper discharge of his official duties. That a Mayor or Alderman who has a direct or indirect financial or other private interest in any proposed legislation shall publicly disclose. . .the nature and intent of such interest. That other officials and employees are similarly bound when they give official opinions to the mayor or council, or are involved in legislative discussions. Other sections of the code should deal with accepting valuable gifts from those who have direct or indirect business dealings with the city, disclosurq of information, investments and "incompatible employment." A fine (no specific amount) , suspension or removal from office or employment ghould be the penalties for violation, etc. , etc. In our complex society lobbying is an accepted big business, and private interests exert constant pressure on public officials. To offset this pressure, a code of ethic¢ which defines and precludes confusion regarding a possible conflict of interest is a pecessity. As long as governments exist there will always be individuals who will Attempt to thwart the public interest by manipulating some public official or employee. A tough code of ethics will serve to strengthen and guide the ethical, public officia l,and provide a legal method to remove or punish those who mould iPlace'personal gain above the public interest. We, here in Ithaca, in light of recent developments, do need a code of ethics to serve the public interest based on what I stated above plus the New York City` Code of Ethics and Standards. It is my sincere wish that this Common Council tonight will accept this humble propooal and take action by placing this before the proper committee for study aitd possible preparation. Alderman Wallace said that he wished to publicly thank Dr. Alvin Knepper for his presentation, and asked that the Council go on record thanking him for his sincere efforts in this behalf. By Alderman Wallace: seconded by Alderman Barber RESOLVED, That Mr. Knepper's ideas, speech and concept be referred to the Executive Committee for implementation. Carried By acclamation the Council directed the City Clerk to send Mr. Knepper a resolption of commendation. Sunny 'Gooding from the League of Women Voters made the following statement to Council: On behalf of the Board of Directors of the Tompkins County League of Women Voters, I wish to commend the Mayor and Council for their efforts to serve the needs of tog City of Ithaca during the past year. We particularly want to compliment the Counq#� for the way in which it is handling the City's revenue sharing funds: few other communities have had as much opportunity to make their needs and wishes known. We appreciate amount of time elected officials spend on the City's business; we would like you to know that we recognize, and appreciate, your long hours. 7R -3- December S, 1973 COMMUNICATIONS FROM THE MAYOR: Mayor Conley gave a prograss , report of the Rothschild-Caldwell Project. Mayor Conley said that it would be very difficult at this time to set a firm construction date. Many little things have to be done. Mayor Conley said he was hopeful that the Project could start before Christtaas, but now it appears that it will start sometime in January. Alderman Stein asked the Mayor to make a statement confirming that project is going ahead. Mayor Conley said there was absolutely nothing in that meeting that gave him any sense that he should be pessimistic about the project. prban Renewal Director H. Stilwell Brown commented that he sees no indication of any delay* other than the small problems that have to be resolved. Urban Development Corporation Representative Miss Margaret Keane said that she feels that there are no problems at all, except for a number of work items that have to be completed. City Attorney Gersh assured Council that he was not aware of any problems. CITY ATTORNEY'S REPORT: City Attorney Gersh displayed a map to Council, and asked Council to authorize the Mayor to sign an Easement for East State Street stores. Attorney Gersh said the Easement resolution meets the needs of all the people that ;L we have been negotiating with. After discussion on the Council floor, the following resolution was presented: By dermas Jones: seconded by Alderman Schmidt WHE AS, in connection with the redevelopment of the City's central business district and the construction of the Caldwell-Rothschild project, it is necessary to relocate certain rights of way which benefit stores on the south side of East State Street, and WHEREAS, this Common Council has heretofore authorized the Mayor to notify each East State Street property owner involved in this easement relocation of the City's intent to prepare and convey a new easement to them, NOW THEREFORE BE IT RESOLVED,That the Mayor is authorized to execute, on behalf of the City, the Easement Agreement in the form attached, and it is further RESOLVED, that said Easement Agreement be held in escrow by the City Attorney and recgrded in the Tompkins County Clerk's Office upon recording of the Release of Easement agreements which have been executed by said East State Street property owners. Carried gART OF WAY AGREEMENT THIS INDENTURE made and entered into the day of 1973, between THE CITY OF ITHACA, NEW YORK, a municipal corporation organized under the Laws of the State of New York, having its principal office at 108 East Green Street, Ithaca, New York, hereinafter designated as the "Grantor," and hereinafter referred to as the "Grantee." W I T N E S S E T H That the Grantor, in consideration of the sum of One and No/100 ($1.00) Dollars and other good and valuable consideration, lawful money of the United States of America, to it in hand paid by the Grantee, does hereby re*is1e, release and forever quit claim unto the Grantee, his heirs and assigns, a non-exclusive right-of--way and easement over the land of the Grantor, in the City of Ithaca, County of Tompkins, State of New York, as follows: 174 -4- December 5, 1973 Parcel I BEGINNING in the north line of East Green Street at a point 463.9 feet west of the center of South Tioga Street, said point also being 50 feet east of the southeast corner of City Hall; thence north 0 degrees 14 minutes 45 seconds west $7 feet to a point; thence south 89 degrees 45 minutes 15 seconds west 16 feet to a point; thence south 0 degrees 14 minutes 45 seconds east 87 feet to the north line of East Green Street; thence north 8 degrees 45 minutes 15 seconds east 16 feet along the north line of East Green Street to the point or place of beginning. Parcel II BEGINNING at the northeast corner of Parcel I described above; thence on a curve to ,the right having a radius of 32 feet, a distance of 50.27 feet to a point, said point being located 119 feet north of the north line of East Green Street and at the north face of the proposed parking structure; thence north 89 degrees 45 ` minutes 15 seconds east parallel to the north line of East Green Street and along the north face of the proposed parking structure and shopping mall a distance of 188.4 feet to a point; thence north 0 degrees 2 minutes 37 seconds west a distance of 12 feet to a point; thence south 89 degrees 45 minutes 15 seconds west parallel ° to the north line of East Green Street a distance of 270.4 feet, more or less, to a point located in the northerly prolongation of the east face of the City Hall Building; thence southerly 12 feet along the northerly prolongation of the east face of the City Hall Building to a point; thence north 89 degrees 45 minutes 15 seconds east a distance of 2 feet to a point; thence on a curve to the right having a radius of 32 feet, a distance of 50.27 feet to a point; said point also being the northwest corner of Parcel I described above; thence north 89 degrees 45 minutes 35 seconds east along the north boundary of Parcel I described above, a distance of'.16 feet to the northeast corner of said Parcel I and the point or place of ginning. The westerly extension of Parcel II of said right of way is intended to extend to and merge with the existing rights of way over premises now known as the °tcourt yard," said premises presently being owned by Roger B. Sovocool (486 Deeds, Page 244). It is understood and agreed that the area abutting Parcel II above described on the south, being under the parking facility overhang, shall be owned and main- tained by the City of Ithaca for the use of the general public, including, but not limited to, the grantee herein. Said area is shown on a survey map prepared by Thomas G. Miller, Engineer and Surveyor, entitled "Property Disposition Map," -5- December 5, 1973 dated August 23, 1973 and is designated "1st Improvement Parcel." and measuras approximately 32 feet by 147 feet. BEING a 16 foot right-of-way extending northerly from the north line of East Green Street and extending on curves to the right and left with a 32 foot radius as further shown on a " dated and prepared by Thomas G. Miller, L. S. , which is being filed in the Tompkins County Court House concurrently hereciiith. Said right-of-way and easement is for all ordinary purposes of ingress and egress for foot and vehicular travel over the above described premises. As to the Grantees owning property westerly, northerly and northwesterly of IV O the center line of said right-of-way, said right-of-way shall be extended to a point :L.; which is 80 feet east of the center line of the north-south line aforementioned :i7 for the limited purposes of pulling forward a truck preparatory to backing it along the east-west portion of the right-of-way above described. Said right-of-way and easement shall be maintained by the Grantor and is subject to any rights-of-way for construction, installation, maintenance, repair, relocation and removal of any utility lines, including, but not limited to, sewer, water, electric and gas pipe lines, which may now or in the future run under said easement, and the Grantor hereby reserves the right to perform said operations upon said premises. It shall be used in common with others and remain open and unobstructed at all times except when in actual use by the Grantee This easement and right-of-way is in lieu of any other rights-of-way or easements for foot and/or vehicular travel heretofore benefiting the "Grantee herein- located east of the present Ithaca City Hall and west of the west line of South Tioga Street. IN WITNESS WHEREOF, the Grantor has caused its corporate seal to be hereunto affixed and these presents to be executed by the Mayor, pursuant to a resolution of the Common Council of the City of Ithaca, passed on December 5th, 1973. CITY OF ITHACA By: EDWARD J. CONLEY, MAYOR STATE OF NEW .YORK ) SS. : COMITY OF TOMPKINS ) On this day of 1973, before me personally came EDWARD J. CONLEY, toy me personally known, who, being by me duly sworn, did depose and say that he resides in Ithaca, New York; that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the within instrument; that he knows the seal of said municipal corporation; that the seal affixed I-76 -G- December 5, 1973 to said instrument is such corporate seal; that it was so affixed by order of the Common Council of the City of Ithaca, and that he signed his name thereto by like order. Notary Public BOARDMM HOUSE: City Attorney Gersh reported that the City has obtained a restraining order from Supreme Court Justice Bryant which prevent- the County and its Board of Representatives from taking any action be it al ration or demolition, with respect to Boardman House, until a hearing is held. The hearing has been scheduled on December 13, 1973, at the County Court House here in Ithaca, New York. SENECA STREET PARKING FACILITY: City Attorney Gersh reported that he has a written 4greement signed by Stewart and Bennett agreeing that the facility is guaranteed against defects of material and workmanship for a period of one year, with no strings attached. ACTING CITY JUDGE AI4ENDIENT: By Alderman Stein: seconded by Alderman Boronkay RESOLVED, That the Acting City Judge amendment laid on the table at the November7, '1973 meeting be lifted from the table, and be presented to Council for adoption.;' Carried By Alderman Stein: seconded by Alderman Boronkay AN ACT TO AMEND CHAPTER FIVE HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED SEVENTY-THREE, ENTITLED "AN ACT IN RELATION TO THE CITY COURT OF THE CITY OF ITHACA, ITS JUDGES AND OFF!"CERS AND REPEALING CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTY-ONE, ENTITLED "AN ACT IN RELATION TO THE CITY COURT OF THE CITY OF ITHACA, ITS JUDGES AND OFFICERS" RELATING THERETO." The People of the State of New York, represented in Senate and Assembly, done act as follows: Secp$on 1. Subdivision six of section one of chapter five hundred seventy-four entUled "An Act in relation to the city court of the city of Ithaca, its judges and officers and repealing chapter four hundred fifteen of the laws of nineteen hundred thirty-one, entitled 'An Act in relation to the- city court of the city of Ithaca, its judges and officers' , relating thereto. 6. (a) Acting City judge; appointment; compensation. At the first meeting of the common council in January in each year, it shall be the duty -of the mayor subject to the ratification of the common council of the city of Ithaca to appoint some suitable perspn, who shall possess the qualifications of the city judge as in this act provided, to aet as city judge when so directedby the city judge or in case of the sickness, vacapion, absence from the city or disability of the city judge or in case the latter files certificate of disability as to any action or proceeding, civil or criminal, and who may be removed by the common council whenever said council shall deem it advisable. While so acting the said acting city judge shall, in addition to his name, sign all ppeTs as "acting city judge of the city of Ithaca," and shall have all the powers are*-' 'ppxfprm all the dutes incumbent upon the city judge. The compensation of said acting '4�ty judge shall be fixed and determined by the common council which may be increased by the common council from time to time before or during the term of such acting city judge, and he shall before entering upon the discharge of his duties, take the oath of office prescribed by law and file the same in the office of the clerk of the city of Ithaca and in the office of the clerk of the county of Tompkins. (b) In any action or proceeding, civil or criminal, in which acting city judge shall act, there shall be noted in docket cause for his appearance in the action. 2. This act shall take effect immediately. ,',roll call vote was taken which resulted as follows: AYES (14) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, W,4YS (0) Saecucci, Schmidt, Slattery, Spano, Stein, Wallace -7- December 5, 1971 GREATER ITHACA ACTIVITIES CENTER MERGER: City Attorney Gersh reported that the merger; is in good form. PUBLIC WORKS COMMITTEE , RESOt0TION''NALCOLYTE 607: By Alderman Spano: seconded by, Alderman Brock WHEREAS,`�,14alc6lyte 607 is the only cationic liquid .polyelectrolyte tested which' gave consistent results with our particular water and Nalcolyte 607 id-, h unique proptXetary product manufactured by only one manufacturer.. , , NOW THEREFORE BE IT RESOLVED, That Common Council adopt a re'solution`pursuant to Section 103 of the General Municipal Law standardizing Nalcolyte1607 as the cationic liquid polyelectrolyte to be used as a coagulant aid in the Water Treatment Plant of the City of Ithaca and said Commnn Council authorizes the Beard of Public Works to advertize for bids thereon. Carried CHARTER AND ORDITANCE COMMITTEE AGENDA RULES: No report G�? O SWIMMING POOL ORDINANCE: No Report all HOUSING AND BUILDING CODES: Alderman Stein reported that the final draft of the zlz W new Housing Code is being worked on and may be ready at the next meeting. 20NING`ORDINANCE RESOLUTION: By Alderman Meyer: seconded. by Alderman Jones WHEREAS, amendment of the current city zoning ordinance, (which has been underway for several years) has been completed, and WHEREAS, it is appropriate and desirable to present such revised zoning ordinance to 'the public for information and comment prior to its consideration and possible adoption by Common Council, NOW THEREFORE BE IT 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 January 16, 1974, in City Hall Council Chambers, 108 East Green Street, Ithaca, New 3t'ork, to hear persons interested in the proposed revised zoning ordinance, inclusive of zoning map and district regulations, and BE xT FURTHER RESOLVED, that such advertisement shall indicate that a copy of the proposed ordinance with zoning map and district regulations, will be available in the office of the City Clerk for public review commencing December 17, 1973; and until the effective date of passage of the revised zoning ordinance. Carried REVIEW OF CHARTER, NEED FOR CITY MANAGER: Alderman Stein reported that he has appointed a special study group to undertake a consideration of this matter, and he has made arrangements for this study group to be assigned to work with, as a supporting arm of the Charter and Ordinance Committee during the coming six months to a year. This -group will give this matter full,' objective and) thorough, consideration. The study group will be comprised of Professor Gail McColl from Ithaca College, and Professor;Ned Flash from Cornell University, who have agreed to do this on a voluntary basis for the City of Ithaca. Alderman Stein said he has asked this group to make a report by May 15, 1974. DEVELOPMENT CO-ORDINATOR'S RESPONSIBILITIES: .. Alderman Stein reported that he has asked the study group to also consider this matter. PLUMBING CODE CHANGES: Alderman Stein read letters from Orson R.-Ledger, Dale Brewer, Pres'id'ent Master Plumbers of Ithaca j and ,frgm Attorney Stanley Tsagis,, .to the Ithaca Landlord Association. Alderman :Stein commented that these letters point out a legal difference of opiniort that exists here, that is beyond the intention or power of the Charter and Ordinance Committee to work out. Mr. Stein said his committee is turning this problem over to the City Attorney, with the request that he give the committee an opinion on how they should proceed. ORSON R. LEDGER - 209 First Street, an Ithaca Landlord appeared before Council. Mr. Ledger said he felt the issue that should be resolved is the legality of his request that land owners be allowed to obtain a ,peFm# .to work on their own property. Mr. Ledger pointed out several advantages the City,,,would derive if the landowner was allowed to fix up his properties. Mr. Ledger said the present law discriminates against the landlords and protects the plumbers. Mr. Ledger said he could not see the difference of who does the work, as long as it is done competently, legitimately, with permits and plumbing inspection. Mr. Ledger said in order to keep cost and rents down it is very essential that the landlords be able to do their own plumbing. 178 -- -8- December S, 1973 Attorney Gem dented that he has researched the problem and finds that the roes and rtgoUtions of the Board of Public Works now prohibits Mr. Ledger from doing what hd proposes to do. Mr. Gersh said he finds that this is perfectly legal, iv is a policy determination made by the Board of Public Works and as such is valid. Mr. Gersh said it was his opinion that he would not have any trouble defending it in Court. Mr. Gersh said he finds nothing in the State Law which would prohibit or any way prevents the Board of Public Works from changing its policy, to permit Mr. Ledger and other people in the same situation to do what they propose to =do. Mr. Gersh said i% is a policy question of qualification. It should be possib s for the Board of Public Works to examine and test people in Mr. Ledger's circumstance and ascertain his qualifications to do this kind of work. A discussion took place on the Council floor to determine what committee this matter should be referred. By Alderman Stein: seconded by Alderman Schmidt RESOLVED, that this matter be referred to the Board of Public Works; that this is a matter of some concern to the Ithaca Landlords Association, and that this matter be given consideration at the earliest possible time. AXES (13) NAYS (1) - Meyer Alderman Meyer commented that she voted against this resolution beca-we the Board of Public Works has about four issues referred to them,that they have not yet responded with an answer, and have been buried in committee. Alderman Meyer said shed would like to see some concrete response from the Board on this resolution within a couple of months. PUBLIC SAFETY COMMITTEE SPECIFICATIONS OF POLICE COMMISSIONERS: Alderman Gutenberger said his committee was waiting for a report from the Police Commissioners. ABANDON VEHICLES: Alderman Gutenberger reported that his committee "rag working with the tow truck operators in order to establish policy and procedures. EAST SPENCER STREET RESIDENTS REQUESTING REDUCTION OF SPEED LIMIT: Alderman Gutenberger commuted that in the absence of the Police Chief, he had no report. CAPTAIN WALTER PAGLIARO: Mayor Conley commented that Police Chief Herson was , ,:-k tteta4ling the graduation of Captain Walter Pagliaro from the FBI National Academy "=fit Qwpntico, Virginia. Mayor Conley said on behalf of himself and the Council that congratulations to Captain Pagliaro was in order. HUMAN SERVICES COMMITTEE ITHACA /ACTIVITIES CENTER CONTRACT: Alderman Nichols commented that Council has "ceived copies of the contract and offered the following resolution: REBi OF INTENT: By Alderman Nichols: seconded by Alderman Schmidt WHO, this Common Council has previously approved the concept of Youth Bureau operation of the Greater Ithaca Activities Center and WHEREAS, this Common Council has authorized the City Attorney to draw up a contract permitting said Youth Bureau operation of the Greater Ithaca Activities Center on a year-to-year basis, and WHEREAS, said contract has been drafted and distributed to the members of the Common Council for their approval, NOW THEREFORE BE IT RESOLVED, that this Common Council does tentatively accept this contract, subject to final approval by the City Attorney, the United Way and GIAC boardf, and will authorize the Mayor to sign and execute the contract as soon as all concerned parties do so agree. After discussion on the floor of the Council, the following tabling resolution was presented: By Alderman Wallace: seconded by Alderman Boronkay RESOLVED, that this matter be tabled until the December 12, 1973, meeting and action to be taken at that time. Carried Q. -9- December 5, 1973 ITHACA CITY SCHOOL DISTRICTS REQUEST TO USE THE T1IN CAN FOR THE PROPOSED NEW "ALTERNATE" JUNIOR HIGH S OOL: Alderman Nichols commented that a letter had been received from the Ithaca City School District requesting use of the Tin Can and presented the following resolution: By Alderman Nichols: seconded by Alderman Barber WHEREAS, the Superintendent of Schools of the Ithaca City School District has by letter,and,verbally requested use of space in the Community Services Building (also known as, the .Tin Can) for housing of an alternate program of secondary education, and WHEREAS, the Human Services and Planning and Development Committees of Common Council have studied this matter and do not find any serious obstacles to this use of the space, NOW THEREFORE BE iT RESOLVED, that the Youth Bureau Advisory Boarc'. is hereby requested ,to consult with the administrative staff and examine the proposr,:? :z<_�e of space in the Community Services Building at no cost to the School District ad with proper legal safeguards. for the city's ownership, and to report to this Common Council within thirty (30) days, and : ' (2) , ,the,.City Attorney is hereby requested to meet with the attorney for the Ithaca School District as soon as possible after the Youth Bureau board and Common Council have taken action on this matter. Carried PLANNING AND DEVELOPMENT. COMMITTEE ITHACA MALL: xi Alderman• Jones reported on the progress of the Mall and the community T, input. Alderman Jones presented the following resolution to Council: MALL - EGIMER CONTRACT By Alderman Jones: seconded by Alderman Schmidt WHEREAS, this Common Council by its Decem'ysr 6, 1972, action established and funded the State Street Mall as a Capi3 �1 Pruje ;t:.. .=�_1 WHEREAS, Council at its June 3�, 373, +. ��i::_r±.=; <r.c:� into a co-ntract with Anton J. Elder, Architect for the design and a State Stn-,---t Mall with the arch#ect's fees for services beyond the Design :: T'i~ vs:_ a negotiated at the completion of that Phase, and WHEREAS, the City and the architect have negotiated 6e a tev ::2 a reached a mutual agreement, and WHEREAS, it is the joint recommend ation of Council '- elopment and Budget and .Administration Committees that the Gt-, .:_ <<: = -out— act t?he completion of the services of Anton J. Egner as defined in tk-Ae dated June 22, 1973, for a total fixed cost of $74,70,0, be signed by ne % ayor, az-,,c;. BE IT FURTHER RESOLVED, that the funds for this contract be taken from the $26,493.61 in the current Mall Capital Project and the remainder from the 1974 Capital Projects Budget. Alderman Saccucci asked if it was possible to come up with a figure of what the Mall will eventually cost. Alderman Barber commented that for continued success of the Mall, it is going to be necessary for the merchants to come up with better retail practices. Alderpan Jones commented that the Mall Committee is working with the merchants along this line. Alderman Boronkay commented that the Council is at the crossroads of whether or not the Mall exists 'or does not exist. Alderman Boronkay suggested that the Planning Board figure each property owners assessment, what it ,would be, as comp-0-red to what he is paying now, go to each owner in a 500 foot radius, explain what it will cost him and how many years it will involve, give ,the merchant a ballott r.1 he could sign. indicating his desire to participate or not to participate, have it sealed up and presented to the City Clerk; two weeks from tonight have the ballots opened and see exactly what the amerchants want. Alderman Schmidt commented that this Mall concept was brought to Council by Mr. David Taube and the Downtoun Businessmen. We have had two public hearings and two presentations and Alderman Schmidt said he felt the public was informed. If this is brought to referendum, how would you measure the vote? Alderman Schmidt said if we stop the Mall project right now, by any kind of a delay, we will. definitely disrupt the orderly procedures that have taken place, and will interrupt the momentum that has developed so far. We will be playing into the negative attitude that has prevailed -10- December 5, 1973 in the downtown area. Alderman Schmidt said if we hesitate at this time, it would mean that the original vote made by Common Council was not a very wise vote and admit that we were in error and we did not know what we were doing. It would undermine the work of all those who have worked so hard on this project. It would also bring up the question of why the Council went ahead with the Seneca Street Garage. Alderman Schmidt said it would be a tremendous mistake to stop the project. Alderman Wallace commented that he agreed with Alderman Boronkay that we have never physically talked dollar value outside of total dollar value, and this is one way b . of` reaffirming himself on his original decision. Mr. Henry Doney, Chairman of the Planning Board, commented in favor of the Mall project. Mr. Doney said that a negative vote at this time would cause the project to"lose all the momentum that it has gained. i, Alderman Boronkay presented an amendment to the original resolution as follows: By Alderman Boronkay: seconded by Alderman Wallace RESOLVED, that a 500 foot radius be established. That each property will be calculated on the figures presented two weeks ago, showing the merchants participation, and the City's participation, mad come up with an :nproxirmte figure. Contact each ' property owner and tell him hia coet, and report back in two weeks for a final decision. A roll call vote was taken on the amendment which resulted as follows: AYE'S (3) - Wallace, Boronkay, Barber NAY,S (11)- Stein, Spano, Slattery, Schmidt, Saccucci, Nichols, Meyer, Jones, Gutenberger, Brock, Boothroyd. Motion Defeated A roll call vote was taken on the original resolution which resulted as follows: AYES (13) - Gutenberger, Jones, Meyer, Nichols, Barber, Boothroyd, Brock, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace NAYS. (1) - Boronkay Carried SHADE TREE COMMITTEE APPOINTMENT: Mayor Conley appointed A d. rr cn -.� chols to the Shade Tree Committee. t STATIW RESTAURANT: Alderman Jones presented the "-.71owing resoluL�cn: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, a public hearing on Landmarks designation for the Station Restaurant held on October 1, 1973, and WHEREAS, the Ithaca Landmarks Commission forwarded a request for said designation to the Common Council on November 7, 1973, and WHEREAS, the Planning Board at its regular meeting on November 27, 1973, has recommended to Common Council that the Station Restaurant be designated as a Historic Landmark. NOW BE IT RESOLVED, that this Common Council designate the Station Restaurant as s Historic Landmark. Carried FEDERAL-STATE COMPREHENSIVE PLANNING ASSISTANCE PROGR&I': Alderman Jones presented the following resolution: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, the City of Ithaca, in order to provide for a planning study contributing to an gverall program for its future development, desires to participate in the _. Federal.-State Comprehensive Planning Assistance Program as authorized by Section 701 of the Housing Act of 1954, as amended, and Article 26 of the New York State Executive Law, and WHEREAS, the New York State Office of Planning Services, under authority of Article 26 of the New York State Executive Law, is the official State planning agency designated to administer Federal and State funds under the provisions of Section 701 of the Housing Act of 1954, as amended, now therefore, be it RESOLVED, that the Common Council of the City of Ithaca hereby requests the New York State Office of Planning Services to provide planning assistance under authority of Artier; 26 of the New York State Executive Law, with such financial assistance as may be provided by the United States Department of Housing and Urban Development, under authority of Section 701 of the Housing Act of 1954, as amended. Such planning assistance is more particularly described in the project application. RESOLVED, that if the aforesaid application is approved and accepted by both the Director of New York State Office of Planning Services and the Department of Housing J -ll- December 5, 1973 and Urbsn Development, the City of Ithaca shall enter into a formal agreement with the Nets York State Office of Planning Services 'to undertake the project .described in the approved application and to provide the City of Ithaca's local share of the total cost of the said project through the provision of technical and professional setvicos of t�e Ithaca City Planning Board in an amount equivalent to Fourteen hutiored dollars ($1400.00), together with such other terms and conditions as may be deeaned necessary and appropriate to carry out the said project. RESOLVED, that the Mayor of the City of Ithaca be and hereby is authorized and empowered to execute in the name of the City of Ithaca all necessary applications, contracts and agreements to implement and carry out the purposes specified in this resolution. Carried INLET PARK COMMITTEE RESPONSIBILITIES: Alderman Jones commented that the Planning an& Development Committee did not want to act on this matter at this tune. The committee is concerned about exactly what the legal framework is in which the tripartite agreement exist, and ask the City Attorney to investigate the status of this agreement. Gregory Kasprzak commented that he would serve on this committee if this committee © serves the Council directly. CAPITAL IMPROVEMENT REVIEW COMMITTEE: No report EXECUTIVE COMMITTEE: Alderman Schmidt reported on the negotiations with the Town of Ithaca on the Fire Contract. Alderman Schmidt said last year the Town of Ithaca paid the City approximately $32,000 for fire protection. This year it was scheduled for $34,000 plus, in our negotiations we agreed on a price of $60,000. REVENUE SHARING SUB-COM IITTEE: No report ENVIRONMENTAL COMMISSION: No Report BUDGET AND ADMINISTRATION COMMITTEE APPOINTMENT-ACCOUNT CLERK CHAMBERLAIN'S OFFICE: By Alderman. SAIat.t- -y: seconded by Alderman Schmidt RESOLVED, that Mrs. Pamela K. Tallman be appointed an Account C}'�_': effective December 10, 1973, at a salary of $5,191.00 per y-. r. Carried DOUGLAS R. KINGSLEY ASSOCIATES RESOLUTION: RESOLUTION TO AUTHORIZE THE CITY OF ITHACA TO RETAIN THE SERVICES OF DOUGLAS R. KINGSLEY ASSOCIATES: By Alderman Slattery: seconded by Alderman Brock WHEREAS, all bargaining units representing city employees have agreed to the undertaking of a complete job evaluation which will result in the adoption of a new position classification and salary plan for all city employees,and WHEREAS, it is agreed that the final results of this study shall be accepted and adopted and binding on all parties; that include the City of Ithaca, executive employees, unionized employees and all elected officials and paid appointed officials, NOW THEREFORE BE IT RESOLVED, that the consulting firm of Douglas R. Kingsley Associates shall be engaged by the City of Ithaca for the express purpose of under- taking this study at a total fee of $7,400 plus disbursements, and BE IT FURTHER RESOLVED, that the final salary plan may provide for' new ranges of pay but in no case shall any city employee be reduced in salary or fringe benefits as a result of the adoption of this plan, and BE IT FURTHER RESOLVED, that any city employee receiving a change in classification in this new plan shall have the right to appeal in the following manner: The employee affected shall have the right to appeal first to the consulting firm of Douglas R. Kingsley Associates and if not resolved satisfactorily at this level, to a joint management-labor committee that will be made up of three members of the Budget and Administration Committee and three members of the appropriate bargaining unit representing the employee. Decisions made as a result of the findings of this joint committee shall be final and binding on all parties involved. AMENDMENT N0.1: By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the following be added: This study will not include members of the Police Department until written request from the Police Benevolent Association is received by the City. Carried -12- December 5, 1973 AMF,NDMENT NO. 2: By Alderman Boronkay: seconded by Alderman Barber RESOMED, that the following be added: And a seventh member to be chosen by the joUt committee. The original resolution as amended was presented to Council as follows: RESOLUTION TO AUTHORIZE THE CITY OF ITHACA 3'O RETAIN THE SERVICES OF DO R. KINGSLEY ASSOCIATES: By Alderman Slattery: seconded by Alderman Brock WHEREAS, all bargaining units representing city employees hive agreed to the under- taking of a complete job evaluation which twill result in the adoption of a new position classification and,salary plan for all city employees,and WHEREAS, it is agreed that the filial results of this study shall be accepted and adopt*d and binding on all parties; that include the City of Ithaca, executive employees, unionized employees and all elected officials and paid appointed officials, NOW THEREFORE BE IT RESOLVED, that the consulting firm of Douglas R. Kingsley Associates shall be engaged by the City of Ithaca for the express purpose of under- taking this study at a total fee of $7,400 plus disbursements, and BE TT FURTHER RESOLVED, that the final salary plan may provide for new ranges of pay but in no case shall any city employee be reduced in salary or fringe benefits as a result of the adoption of this plan, and BE IT FURTHER RESOLVED, that any city employee receiving a change in classification in this new plan shall have the right to appeal in the following manner: The eployee affected shall have the right to appeal first to the consulting firm of Douglas R. Kingsley Associates and if not resolved satisfactorily at this level, •to a joint management-lgbor committee that will be made up of three members of the Budget and Administration Committee and three members of the appropriate bargaining unit' representing the employee, and a seventh member to be chosen by the joint committee. Decis ons made as a result of the findings of this joint committee shall be fina� and binding on all parties involved. This gtudy will not include members of the Police Department until written requeft from �he'Police Benevolent Association is received by the City. ` Carried ANTON J. EGNER & ASSOC. FINAL INVOICE FOR PHASE I OF THE FILL: B,r 1 lderman Slattery: Secon ed by Alderman Jones RESOLVED, that the Anton ,J. Egner invoice in the amount of $7,749.:; be approved for payment. Carried CLOSBWT OF CAPITAL PWJBCT8: Defer until the December 12th Cocoon Council misetipg. =CRZ"Z OF CASS PARK AUTHORIZATION: Defer until the December 12th Common Council seeti�g. T#A TiffFIC CONTROL M ECT: By Alderman Slattery: seconded by Alderman oy RESOLVO, that $50,000 be transferred from Contingency Account A-1990 to a Downtgwn Traffic Control Capital Project. Carried SENECA STREET PARKING GARAGE: By Alderman Slattery: seconded by Alderman Schwidt RESOLVED, that $25,000 be transferred from Contingency Account A-1990 to Seneca* Street Parking Garage A5650B - 101 Salaries $ 2,000 A5650B - 250 Other Equipment 11,000 A5650B - 415 Rent 12,000 Carried GEORGS R. PFANN JR. INVOICE FOR THE CALDWELL ROTHSCHILD DEVELOPMENT: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that the George R. Pfann, Jr.,_Invoice in the amount .of $9,989.79 be approved for payment. AYES: (11) NAYS: (1) - Meyer ABSTAINED: .(2) - Stein, Wallace Carried -13- December 5, 1973 SWEEPER FOR SENECA STREET PARKING GARAGE: By Alderman Slattery: seconded by Alderman Barber RESOLVED, that the 1973 equipment list for the Seneca Street Parking Garage be amended to include a sweeper. Carried PARKING METERS: By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, that $7,000 be transferred from Contingency Account 41990 to A3320-250 Other_Equipment. Carried DOWNTOWN BUSINESSMEN'S BILL: By Alderman Slattery: seconded by Alderman Jones . RESOLVED, that the bill for $500 from the City of Ithaca to the Downtown Businessmen for'bus service be referred to the Board of Public Works. Carried DOUGLAS R. KINGSLEY INVOICE FOR NEGOTIATIONS: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that the Douglas R. Kingsley Associates bill in the amount of $1,057.90 rte. be approved for payment. ?; Carried s AUDIT: By Alderman Slattery: seconded by Alderman Jones =i7 RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $19,360.73 as listed on Audit Abstract 4412-1973 be approved for payment. Carried BUDGET REQUEST: Alderman Slattery commented that the Budget requests have been returned extremely late this year, and this puts a terrific amount of pressure on the Budget and Administration Committee. In an attempt to correct this situation in the future Alderman Slattery presented the following resolution: By Alderman Slattery: seconded by Alderman Jones WHEREAS, the Budget and Administration Committee must present a tentative city budget for approval before January 1 of the new year,and WHEREAS, City department budget requests should be presented to L'-. _ Budget and Administration Committee no later than October of the preceding y2.7tp for its review and recommendation,and WHEREAS, these requests have not been submitted 'in time for an orderly review now NOW THEREFORE BE IT RESOLVED, that future budget must be su)mitted to the Budget and Administration Committee by the 1st of`J6'&Q?_)er of each year with the exception of capital Projects Budget and if this information is' not available by this time, the Tentative Budget proposed for adoption will be based on the p1st budget., j s".. All Carried REPORT ON ALTERNATIVE METHODS OF FINANCING THE ITHACA MAIL: Alderman Jones commented that the Planning and Development Committee requests the City Attorney to consider the legal aspects of Mr. John Prather Brown's report. BOARDMAN HOUSE: Alderman Gutenberger commented that he had been contacted by persons interested in discussing the Boardman House with City Representatives. After discussion by Council it was suggested that they be referred to the Planning and Development Committee. On a motion the meeting was adjourned at 11:32 p.m. and Council went into Executive Session. os p A. Rundle, City Clerk Edward J. 'Conley, Mayor�— 18 COP' ON COUNCIL PR&EEDINGS CITY OF I`PHACA, 1 EW tom Special Meeting ?A0 p.m4 becember 12,. 1973 PRESENT: Mayor - Co�}ley Aldermen (14) - Barber, Boothroyd, $Pock, GuttAdrge+j Jones, Meyer, Nichols, 9accucci, Schmidt, Slattery, Spatio, Stein; Wallace, Roronkay OTHERS PRESENT: City Attorney - Gersh A9s't. Fire Chief - Reeves City Controller - Daley Urban bevelopmettt Corp. - Amiel Planning Director Van Port Urbad iWvelopmat►t Corp. - Keane Supt. of Public Works ifigman Urban kinewai Administrator - Brown Ass t. to Supt. of Public Works - Dougherty PUBLIC HEARING: Mayor Corley commented triat a public hearing by the City of Ithaca, and the New York State erbah Development Corporatiod was being held simultaneously. Mayor Conley called upok Mr. Joseph J. Amiel, Deputy Director of commercial development, New York State Urban Development Corporation, to explain the reason for the public hearing. Mr. Amiel commented that this public hearing in actudlity duplicates a previous public hearing. Since the configuration of the land site has changed, there has been a change in the amount of land; therefore, as a dsult there is a change( in the total price of the laid, , Urban Development CdrpXtion and the City of Ithaca both felt it was incumbent upon themselves td gild a public hearing to cover this change. The City of Ithaca is authorizing hdl ng a public hearing in connection with the sale of land to the Xrban Development Cbrpdrstiod. Urban �evelopmen� Corporation is koldidg a public hearing in cd ectiori with its purchase from the City. Urban Development Cdtporation is alstl holding a public hearing with respect to a larg t sale of lance to Caldwell Development or a subsidiary of it, this of course will be a laiger p et of land, which Mill include the Urban Renewal Land. All of this has been set fd�th in the public notice, which was published ih a paper with `general circulation more than ten days Agd. Mr. AvAdl said this is required by the Urban Development Act, as is this public hearing. Mayor Conley comme6 ted as you remember We originally talked of selling our land to the Urban Development Corporation, we were talking about our parking lot for the project. Since then, we made the determination that we were going to retain the loading area in the back, and provide access to all the stores. This diminished the amount of land the City was going to sell, and it significantly changed the price of the land that we would receive . Mayor Conley said in the judgement of both parties that it was agreed that a different public hearing for the new amounts should be held. Mr. Amiel commented that sale consisted of two parcels of land, one for approximately 17,341 square feet, and one for approximately 26,229. The total purchase price will be $71,751.00 Mayor Conley asked if anyone from the public wished to speak to Common Council on the sale of City owned land to the Urban Development Corporation. No one from the public appeared before Council. Mr. Amiel from the Urban Development Corporation asked if anyone wished to address the public. No one appeared to address the public. By Alderman Schmidt: seconded by Alderman Gutenberger RESOLVED, That the public hearing be closed. . Carried Mr. Amiel declared the Urban Development Corporation public hearing closed. By Alderman Jones: seconded by Alderman Schmidt WHEREAS, this Common Council, by Resolution adopted January 31, 1973, agreed to sell and convey to New York State Urban Development Corporation, certain land owned by the City in connection with the Caldwell-Rothschild-City development; and WHEREAS, it was subsequently determined that it will be necessary for the City to sell less land to UDC than was authorized by said Resolution; and -2- December 12, 1973 WHEREAS, a public hearing was conducted by this Council on December 12, 1973, in copnection with such modified sale and conveyadce, said Public hearing having been properly advertised by notice published in the Ithaca Journal on December 1, 1973; NOW, THEREFORE,BE IT RESOLVED, that the City shall sell and convey to the New York State` Urban Development Corporation, a parcel of land consisting of approximately 17,341 square feet (presently constituting South Tioga Street between East State Street and East Green Street) and a parcel of approximately 26,229 square feet in Block`201 along the north side of East Green Street. The total purchase. price will be $71,751.00. Such parcels are shown do a survey entitled, "New York State Urban Development Corporation Property Acquisition leap for Ithaca Shopping Mall, Department Store and Parking Structure" dated August 23, 1973, prepated by Thomas G. Millen, licensed surveyor No. 23896, and filed in the office of the Clerk of Tompkins County on September 17, 1973. Such sale is in furtherance of the proposed development of the central business district of the City by UDC. The development will include a parking facility, a retail shopping mail and a neta Rothschild's department store. Carried Unanimously MINUTES: Mayor Conley asked approval of the mindtas of the Special Meeting of Q November 28, 1973. S By Alderman Schmidt: seconded by Alderttan Jones RESOLVED, that the minutes for the Special Meeting of November 28, 1973 be approved as recorded by the City Clerk. Carried ADDITIONS TO THE AGENDA: CHAkTEJ AND ORDINANCE COMMITTEE: Alderman Stein asked that a resolution for a full-titne City Attorney be added. Mr. Stein said if an objection was made, he would ask that this matter be taken up under Item IV-A, Communications from the Mayors Alderman Waliace dbjected to placing this item ott the agenda. City Attorney aersh commented that it whs his opihion that the resolution for a full-time City Attorney could be taken up under item IV, Commutiicati:;^s from the Ma�or, HUMA14 SERVICES COMMITTEE: Alderman Nichols asked that the Greater Ithaca Activities Center Agreement be added to the agenda. This item was tabled at the December 5, 1973, meeting for action at the December 12, 1973, meeting. BUDGET AND ADMINISTRATION COMMITTEE: Alderman Slattery asked that two resolutions be added to the agenda for the Employee's Retirement Plan. No one objected. BOARDMAN HOUSE: Alderman Gutenberger asked City Attorney Gersh that in light of the Board of Representatives action on Monday, if he feels that any additional action should be taken by Council. City Attorney Gersh commented that he felt it was not necessary to take any additional action. PERSONS APPEARING BEFORE COUNCIL THOMAS NIEDERKORN - 12 The Byway appeared before Council. Mr. Niederkorn said he would like to address his comments to the Inlet Park Committee, that appears on the agenda. Mr. Niederkorn said he was speaking as a person who is now, and has been for a long time concerned with the proper development of this very important part of our community. A lot of activity is going to happen there in the years to come, just as it has in the past several years. This will be an area that is going to be subjected to all sorts of pressures for different types of developments, some of which might be inimical to the concept of the culture and recreation center that was originally conceived for that area. Mr. Niederkorn said that he thought the City sliggld have a very strong sort of watchdog group, whose specific concern is this pgpticular. area, and who has a certain amount of authority from this Council to act or to bring matters directly to Council for some direction and decision. This -cesuld apply to the Center for the Arts of which he is Chairman at the present timaw the State of New York, and Local Developers. Mr. Niederkorn said speaking as Chair for the Center for the Arts, we will be in the very near future, be -3- December 12, 1973 wanting to make a proposal to the City of Ithaca for some activities down, on that particular site. These activities will involve the expenditure of a substantial amount of private funds, and a continuing on going operation for the foreseeable future. Mr. Niederkorn said at the present time he is not certain to whom he should make his prbposal, and what kind of a path this propomAl.might have to take before a �ecfsion is -made. Mr. Niederkbrn urged Council to think of a strong type of a committee, thit could receive pftoposals from the Center fdr the Art9, or any other group, relative to the development this site. A commAtie that could give positive kind of directions as to what they should do, and how they should proceed. HUMAN SERVICES COMMITTED GREATER itHACA ACTtVITIk9 CE TEft CONTRACT: Alderman Nichols read to Couiicil 9 letter from the Social Service League of Ithaba, Inc. as follows: Mayor Edward Conley and Ithaca Common Council Dear Sirst The Socidl Service League df Ithaca, Inc. on December 12, 1973 unanimously pasbea the resolution which fbliows. This statement is intended io comply with Section 2.d. of an agieemeh t between the City of Ithaca and the Greater Ithaca Activities Center, Inc. "The Social Service League of ithdca, Inc., (1) tecogni ing that its State charter obligation to provide recreational, social, and cuituta programs for the peoplb of Ithaca, and mote specifically for the residents of the Northside and West side areas, must be continued, and (2) realizing that because its building for housing said programs has outlived its usefulness, has transferred said programs to the GreAet Ithaca Activities Center, Inc. "The Social Service League is, for the foreseeable future, committed to using divident, interest and United Way income at its disposal for the purpose of funding said programs in the Greater Ithaca Activities Center building or its successor. "In return for its continued funding of programming in the Greater Ithaca Activities Center facility or a comparable facility, The Social Service League of Ithaca, Inc. Board of Directors shall be represented on the board or boards governing the use of the facilities and/or the programming in the facilities." Sincerely yours; Vincent Giordand, President gdcial Service League of Ithaca, Inc. By Alderman Wallace: seconded by Alderman Brock RESOLVED, that the resolution of intent be lifted from the table for action. Carried RESOLUTION OF INTENT: By Alderman Nichols: seconded by Alderman Schmidt WHEREAS, this Common Council has previously approved the concept of Youth Bureau operation of the Greater Ithaca Activities Center, and WHEREAS, this Common Council has authorized the City Attorney to draw up a contract permitting said Youth Bureau operation of the Greater Ithaca Activities Center on a yeai-to-year basis, and WHEREAS, said contract has been drafted and distributed to the members of the Common Council for their approval, NOW THEREFORE BE IT RESOLVED, that this Common Council does tentatively accept this contract, subject to final approval by the City Attorney, the United Way and GIAC boards, and will authorize the Mayor to sign and execute the contract as soon as all concerned parties do so agree. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: A discussion took place on the Council floor regarding the resolution for City Attorney to be presented by Alderman Stein. The following resolution was presented to Council: RESOLUTION - CITY ATTORNEY: By Alderman Stein: seconded by Alderman Slattery WHEREAS, it has become apparent to the Common Council of the City of Ithaca during the past few years that the management of the city's affairs has grown considerably in terms of complexity; and -4- December-12, 1973 r R WHEREAS, it has become necessary to retain a number of attorneys, in addition to the part-time services of the regular city attorney, to cope with the legal problems arising from this increased complexity, and that the costs of doing so have increased greatly; and WHEREAS, it is the judgement of the Common Council that the present system of obtaining the necessary legal services through the appointment of a part-time city attorney will not be satisfactory in coming years in terms of efficiency and custs;and WHEREAS, it is desirable to obtain the full-time services of a city attorney as soon as possible; and WHEREAS, it may take some time to legislate the position, establish the job descrip- tion, set the appropriate compensation rate, and recruit a person for the position of full-time city attorney; and WHEREAS, it is necessary to proceed as rapidly as possible to obtain adequate legal services during the interim period until such a full-time attorney can be recruited; NOW THEREFORE, BE IT RESOLVED: 1. That the Mayor is hereby authorized to retain with approval of the Common Council such legal assistance for the City of Ithaca for a period of 4 months until April 30, 1974; �2 Q 2. That said legal assistance shall take the form of a single attorney currently practicing his or her profession in the City of Ithaca; 3. That said attorney shall maintain regular office hours in City Hall on a regularly scheduled basis for at least two mornings and one afternoon per week for a total of 12 hours per week, and in addition shall provide legal advice to council committees when appropriate to do so, and in addition shall attend all Common Council meetings and BPW meetings, and in addition shall perform other miscellaneous legal matters for the city as deemed appropriate by the Mayor. 4. That in accordance with the recommendation of the Budget and Administration committee of the Common Council, such attorney under this interim arrangement shall be paid a retainer of $1,500.00 per month, but that this retainer shall in no event include extraordinary time requirements or travel requirements of said attorney, which will be paid for at the rate of $30 per hour in addition to the retainer fee, provided however, that any expenditure of $100.00 or more be approved by Common Council, and further that reimbursable expenses, legal costs and disbursements shall be paid by the City. 5. That either party may terminate this arrangement with 30 days notice to be made in writing. 6. That the entire arrangements as set forth above shall be reduced to a Retainer Agreement expressing the terms and conditions of this resolution to be signed by the attorney so retained and the Mayor of the City of Ithaca who is hereby authorized to sign such a Retainer Agreement. 7. That such an arrangement shall cease when a full-time city attorney is appointed. 8. That the Charter and Ordinance committee of the Common Council is hereby directed to prepare the necessary legislation to establish the position of full-time city attorney under the conditions that it deems appropriate to serve the foreseeable needs of the city for legal services, and to present such legislation to the Common Council at the earliest possible time. 9. That the Budget and Administration committee of the Common Council is hereby directed to establish the job description, compensation rate, recruitment procedures, and related matters pertaining to the appointment of a full-time city attorney, and to present these to the Common Council at the earliest possible time. 10. That this resolution shall take effect January 1, 1974. AMENDMENT NO.1: By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the main motion be amended Section 1. To remove the words with approval of the Common Council. AYES: 13 NAYS: 1 - Barber -5- December 12, 1973 AMENDMENT N0, 2: By Alderman Schmidt: seconded by Alderman Brock RESOLVED, that the main motion be amend as follows: Section 3, page 2 to change the first line to :read: shall attend Council colgttee meetings upon request of committee chairman. Delete the wort+s provide 1 vice to Cotmcil committees when appropriate to do so. Carried AMENDMENT NO. 3: By Alderman Gutenberger: seconded by Alderman Schmidt RESOLVED, that the main motion be amended as follows: Section 4 line 3 add $1,500.00 per month for the services specified in paragraph 3 above, delete: the words but that this retainer shall in rio. Section 4 line 4 - add the word any delete: the words event include extraordinary Section 4 dine 5 - add new sentence: in addition to those specified in pardgraph 3 shall. be cofpenaated for Section 4 line 6 - delete the words: which will be pain for, and in addition to the retainer fee Carried AMENDMENT NO. 4: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the main motion be amended as follows: Section 4 line 7 - add the words: before incurring time uthich will total more than $120-00, that he first obtain approval from delete the words: any expenditure of $100.00 or more be approved by AYES: 13 NAYS: 1 - Boothroyd Carried The main motion as amended, was presented to Council as follows: MAIN RESOLUTION AS AMENDED Re: City Attorney By Alderman Stein: seconded by Alderman Slattery WHEREAS, it has become apparent to the Common Council of the City of Ithaca during the past few years that the management of the city's affairs has grown considerably in terms of complexity; and WHEREAS, it has become necessary to retain a number of attorneys, in additon to the part-time services of the regular city attorney, to cope with the legal problems arising from this increased complexity, and that the costs of doing so have increased greatly; and WHEREAS, it is the judgement of the Common Council that the present system of obtaining the necessary legal services through the appointment of a part-time city attorney will not be satisfactory in coming years in terms of efficiency and costs; and WHEREAS, it is desirable to obtain the full-time services of a city attorney as soon as possible; and WHEREAS, it may take some time to legislate the position, establish the job descrip- tion, set the appropriate compensation rate, and recruit a person for the position of full-time city attorney;-and WHEREAS, it is necessary to proceed as rapidly as possible to obtain adequate legal services during the interim period-until such a full-time attorney can be recruited; ; NOW THEREFORE BE IT RESOLVED: 1. That the Mayor is hereby authorized to retain such legal assistance for the City of Ithaca for a period of 4 months until April 30, 1974; 2. That said legal assistance shall take the form of a single attorney currently practicing his or her profession in the City of Ithaca; 3. That said attorney shall maintain regular office hours in City Hall on a regularly scheduled basis for at least two marniags and one afternoon per week, for a total of 12 hours per week and in addition shall attend Council committee meetings upon request of committee chairman and in addition shall attend all Common Council meetings and $FW meetings, and in addition shall perform other miscellaneous legal matters for tM city as deemed appropriate by the Mayor. -6- December ,12, 1973 4. That in accordance with the recommendation of the Budget and Administration committee of the Common Council, such attorney under this interim arrangement shall be paid a retainer of $1,300.00 per month for the services specified in paragraph 3 above. Any time-requirements or travel requirements of said attorney in addition to these--specified in paragraph 3 shall be compensated for at the rate of $30 per hour provided however, 'that before incurring time which will total more than $120.00, that he first obtain approval from Common Council, and further that reimbursable expenses, legal costs and disbursements shall be paid by the City. 5. That either party may teiiiriete' 'this afrangement"wtth 36 days notice to be made iri writing. 6, That the entire arrangement as set fotth above shall be reduced to a Retainer Agreement expressing the terms and conditions of this resolution to be signed by the attorney so retained dnd the Mayor of the City of Ithadd who is hereby authorized to sign such a Retainer Agreements 7. That such Ati arrangement shall cease when a fuli-time city attorney is appointed �p 9. That the Charter and Oidinance committee of the Common Council is hereby directed to prepare the necessary legislation to establish the position of full-time city attorney under the conditions that ,it deems appropriate to serve the foreseeable needs of the city for legal services, and to present such legislation to the Common Council at the earliest possible time. 9. That the Budget and Administration committee of the Common Council is hereby directed to establish the job description, compensation rate, recruitment procedures, and related matters pertaining to the appointment of a full-time city attorney, and to present these to the Common Council at the earliest possible time. 10. That this resolution bhall take effect January 1974. AYES: 12 NAYS: 2 - Barber, Wallace Carried PLANNING AND DEVELOPMENT COMMITTEE: EGNER ARCHITECT CONTRACT: Mayor Conley commented that a few changes in the wording of the contract had been made, but did not substantially change the contract. I L AIESOLUTION OF INTENT: Alderman Jgnss presented the following resolutions RESOLUTION OF INTENT 9 2 Alderman Jones: seconded by Alderman S hmidt REAS, it is the sense of this Council tat the Ithaca Mall is an essential ingredient in the revitalization of the 'behtial t{siness District and the establish- mtnt of a strong and stable tax base, and WHEREAS, the cost of the Mall Will be borde primari y,by the Otoperty owners in an established district in a manner which is both e4gitdble and .legal, And WHEREAS, the $158,000 estimated cost of underground utilities id the Mall project Is felt to be the City's responsibility, and WHEREAS, the City has recently bufit one packing ramp and is in the process of producing a second one to facilitdte needed parkin, and WHEREAS, there are other recbgnized costs to the City directly attributable td the Mall such as tiaffic lights to provide circulation fdr Which Common Council will be providing $100,000, cotta tioti of th t{ining fork, estimated at $150,000, maintenance of the Mall, dstitnated at $10,000 per year acid berg importantly the Mall abutting side street improvements estimated at $375,000, NOW THEREFORE BE IT RESOLVED, that it is the intention of this Council to provide in relation to the Mall the necessary underground utilities, a corrected tuning fork, maintenance, adjacent side street improvements, as they are legally permissible for the City to do, starting within one (1) year of the Mall completion and a period mot to exceed six (6) years. BE IT FURTHER RESOLVED, that this Council intends to establish a tax benefit district which is fair and equitable to pay for the cost of the above-ground improvements in the Ithaca Mall project. Carried Unanimously -7- December 12, 1973 INLET PARK COMMITTEE: By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the resolution establishing responsibilities of the Inlet Park Committee be lifted from the table far action. Carried RESOLUTION ESTABLISHING RESPONSIBILITIES OF THE INLET PARK COMMITTEE: By Alderman Meyer: seconded by Alderman Jone$ WHEREAS, the Inlet Park is becoming a unique recreational and cultural activity area in the City of Ithaca; and WHEREAS, this area now represents, or offers strong potential for financial investment and support by the Federal government, the State of New York, and private enterprise, as well as the City of Ithaca; and WHEREAS, continued development of a major center such as the Inlet Park area will increasingly affect the economic and physical character of the entire west side of the City of Ithaca; and WHEREAS, continued development of this site, by virtue of its location, size and complexity, will have direct environmental consequences on the inlet, the lake, the flood channel, and other public open spaces at the head of the lake; and WHEREAS, the appearance and development quality of this area is particularly vulnerable to the effect of continued development bf the park site itself and land adjacent to it; and WHEREAS, it is important to the long-range interests of this community that the Mayor and Common Council of the City of Ithac be well advised on matters of development in or adjacent to, the inlet Park area, an that such advice be sufficiently broad to include existing and potential developmdntal and operational interests in this area; and WHEREAS, the Inlet Park Committee was crated initially to coordinate development activity on this site, and was reinstate :by Council action on June 6, 1973; NOW THEREFORE BE IT RESOLVED, that the I let Park Committee be and hereby is designated as the body responsible for c ordinating development and providing advice to the Mayor and Common Council of the City of Ithaca on all matters of development in the Inlet Park site and related adjac nt areas, and that such coordination and advice include, but not be limited to, r�viewing proposals for construction and land use in this area and making proposals for park improvement. BE IT FURTHER RESOLVED, that said Inlet Park Committee include representatives of the City's Common Council, Board of Public Works, Planning Board, and Youth Bureau, the State Parks Commission, and other appropriate persons appointed by the Mayor. BE IT FURTHER RESOLVE?, that said Inlet Park Committee members be appointed by the Mayor, with Council approval, for three year terms. Carried CAPITAL IMPROVEMENT Rw=lw COMMITTEE REPOK: Alderman Jones presented to Council a copy of the Capital Improvement Review Committee recommendations to Common Council for consideration. GENERAL FUND Pro ects Costs E. Green St. Ramp $115,000 (down payment) 50,000 (owed UDC on '11);amp Ithaca Mall 50,000 (down payment) 60,000 (professional fees) Traffic Control 50,000 (50,000 from '73 in reserve) Tuning Fork 150,000 Elmira Road 7,100 (down payment on 143,000) Capital Reserves 32,500 $10,000 Park acquisition 12,500 Fire engines 5,800 Regular buses 4,200 State aided buses Conway Park 10,000 (5,000 in reserve) , f 7 YrJ,;�jc4t 7..�' ., �Lr.L';, ♦�., } (61:;r yy,,pp��i,, '�j.1 1 .J;; (con°t.) ? _ >7 s! � ' �'.i ..- Projects `Costs } ' CYO Property 80 500' ° , . v Cascadilla St. Ext. 17, 130 Fall Creek Ground Water, .� .. � ky,a Addit�ot'a r commeddatfane to 1 PI .7 Creek wall resurfacing and gunnit`iri 3Se- removed from, Capita), PxQjects and .become part of DPW operating budget= W4e4- i1k;a,.texngte yeaaes, Y Close =street resurfacing account $22 3;sand:-iTwo a"oratiop of: $~30,000 ,for street ^] resuracing°irk I)P�d..opeat ;ig.betax g a W S ,T Close:Aurora 'Street B'ti 'ge° Ac ou`fi i:a Add? ,-dUt3 66-.I PW b<perat in?9"account f 6V' -remainderof:J: W - , Use 'remaining. $2Q004 f.rQm .that ,account for Bridge inspection request for 1974 DPg operating budget, Fund $20=,000 ''#bre- i.n,"1975." A xetommendation 'that 'ttie Baord bf' P II, c,'WoA§ 55-9060 'from the Sifildi' Reserve= Account for a Planning Study fax,; the,�maiptenance 'fa'cllity' for the' Department of Public Works. Re c. to BPtd Close out Chestnut St. Ext. Account. Close out S." WeeCt-:Park Entry Road Water (reserves, $107,430 pl us. !4 000 interest RECOMME 4RATIONS a. Review by BPW of Water. and Sewer ratan: b. Clp's.e Water: St.. Main ($235 C. Cl,pse. Mitchell St. I Pump ,(146) Y d. Recommend no $50,000 for filter'p�lant improvement or give "up $42,000 appropriated to Hector St. account"established in 1971 and untouched. e. Straighten out West Village. (could yield $15,000) f. Close alternate raw water supply ($33,000) Projects _ - Costs Ithaca Mall $75,000 Maple Avenue - line replacement 20,000 12" connection - Plain, Center and Albany 3000 (add to 35,000) New Pump - water plant 5,000 other lines 3,000 $106,500 (* Budget and Administration we could make contribution to water fund from genet/-.3%' fund, such as $20,000 - then add to mall capital project) Sewer - $151,000 reserves Projects Costs a. other lines $1,000 + or whatever is needed to bring up to 10,000 b. Ithaca Mall Sewer 75,000 (new) c. Franklin St. relief 80,000 (additional) (78,000 appropriated in 1972) $156,000+ -9- December -12, -1973 Rec. dollars over reserves might come from-sewer surp�Lus funds close Elmira Road drainage $15,000 until ready to do By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the Capital Improvement Review Committee recommendations be referred to the Budget and Administration Committee. Carried TOUR OF CAPITAL PROJECTS: Mayor Conley commented that he would contact Mr. Dingman and strange for a tour that would include members of Common Council and Commissioners of the Board of Public Works. BUDGET AND ADMINISTRATION COMMITTEE Charles T. Curry, Esquire invoice for services rendered By Alderman Slattery: seconded by Alderman Nichols RESOLVED, that the Charles T. Curry invoice in the amount of $360.00:be approved for payment. Carried Record Retention and Disposition Schedule By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, by the Common Council of the City of Ithaca, New York, that Records Retention and Disposition Schedule No. 6 - CS-1, containing records retention periods for local civil service records established pursuant to Part 185, Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, is hereby adopted for use by the City of Ithaca Civil Service Commission, and BE IT FURTHER RESOLVED, that this governing body authorizes the disposition of records in accordance with retention periods setforth in the adopted Records Retention and Disposition Schedule. Carried Building„Commissioner.. Request: '`"" By Alderman Slattery: seconded by Alderman Wallace RESOLVED, that William A. Luce, Jr, be appointed to the position of Housing Inspector at the annual salary of $7500.00. Carried 1974 Equipment list By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, that the attached list of Motor Vehicle Equipment be approved for the 1974` budget: MOTOR VEHICLE EQUIPMENT 1974 General Pond Account#A 3120 Police Department 5 Sedans Account # A 3310E Traffic Signals Bucket Truck (If stored in garage) Account # A 3410 Fire Department Station Wagon Account # A 3620 Safety Inspection Sedan (Police Trade-in) Account # A 5110A Maint. Roads & Hwya. 3 Dump Trucks Account # A 5120 Maint. of Bridges Pickup Account $ A 5132 Garage Pickup Account # A 8160 Refuse and Garbage Packer Water and Sewer Fund F8310 - 6 Shop and Equipment 4. Trucks Dynahoe AXW% 13 NAY 1 - Gutenberger Carried CODE CHANGES By Alderman Slattery: seconded by Alderman Jones RESOLVED, that Section 2-6 of the Code of Ordinances be amended to read as follows: Sec. 2-6 Assistant Controller designated deputy controller. The Assistant Controller shall be and hereby is authorized to act as "deputy controller" during the absence or inability of the controller to act, and when serving in the capacity of deputy controller said Assistant Controller shhll have all the powers given the controller in section 2-27 of the "Charter and Related Laws." -10- December 12, 1973 IAYES 13 "NAYS . 0 . ABSTENTION: 1 - Wallace Carried By Alderman Slattery: seconded by Alderman Jones BE IT RESOLVED: that the Common Council of the City of Ithaca, New York does hereby elect to provide the benefits of Section 75-g of the Retirement and Social Security Law as presently or hereafter amended entitled "Career Retirement Plan for Employees of Participating Employers"; and BE IT FURTHER RESOLVED: that this election shall become effective with the payroll period beginning on the first day of January, 1974. Carried By Alderman Slattery: seconded by Alderman Boothroyd BE IT RESOLVED: that the Common Council of the City of Ithaca, New York, does hereby elect to provide the benefits of Section 75-1 of the Retirement and Social Security Law as presently or hereafter amended; and BE IT. FURTHER RESOLVED: that this election shall become effective with the payroll period beginning on the first day of January, 1974. Carried d ELECTION OF ALDERMAN IN OLD SEVENTH WARD: Alderman Wallace requested the City Clerkto make a determination as to the procedure for holding the election for the y� office that Alderman Brock now holds. This office will come up for election in the old seventh ward in 1974. Alderman Wallace requested a decision at the first meeting in January 1974. MALL OPPOSITION LETTER: Alderman Barber read a letter to Council from John E. Slade, President of Mayers Smoke Shop, 318 E. State Street, indicating that nine owners of businesses in the downtown area were either opposed to the Mall totally, or to the Mall the way it is presently set up. The letter was referred to the Planning & Development Committee. ENERGY CRISIS: Alderman DCXonkay requested a report from the Mayor and staff as to what plans the City of Ithaca has in conjunction with the energy crisis. Mayor Conley remarked that the staff did meet on the energy crisis. Each department head has sent memos to their respective department instructing them to maintain a temperature of 68 degrees for all City buildings. Employees have been instructed to turn off all lights that are not necessary. All employees have been asked not to travel unless it is necessary. The staff is now working on emergency regulations in the event that the situation becomes critical. The staff is meeting with representatives from New York State Electric and Gas Corp. On a motion the meeting was adjourned at 10:44 p.m. "Aoseph!A. Rundle, City Clerk Edward J. Conley, Mayor 19 �. paTaaeO 6Tsnomlimun " (8a3tt es _p9gp,e,3a8 6doo) •sloodsoa TTV uT P*TIT:Ivll pug panoadde Agaaaq ST 31 �* 04' TMMb3`UoT3e23sTUTmPV pue 3agpng aqa Aq uoT3dapa 103 papuaaumooax P16, 6 p3Ua V se .OT.Z`£Z8`L$ 3o 3unome sso28 ag3 uT pm,& xa S Pug `pun3 a9zeM ' TbaaiA6 Sq3 ao3 .3a$png 9AT383uay 1716T Oq3 3eg3 'Q3A7OSSV sauor uemaspTv oapuo�*i :Aza338TS UUMIOPTV AR :ZMMU SAUVMU .;hL6T :uo p930A seM uoT3nTosax SuTMTTo; aqa '30Spng anT3s3uai W61 943 03 aAT3e192,100T3 TT3unO3 aqa uo uoTssn0STp 1023V i •394ng TeuT3 aqa 3o uoT3dope aqa 3e W"P aq a PTnoo sTg3 asng0aq aapao 3o 3no BRA u0T30m SuTpusme aqa 3eg3 paTna AsTuoO AsAvR '05'6'i$ aq 03 838a X83 p0310mT399 392png TeuT3 aqa asneo pTnoM 38g3 3unome u8 Aq 9nTdans, geso P03VMT489 aqa SuTssa2oaP pUe 05'6T$ 3e 93VA xe3 W 6T aqa 39s o3 uoT30m BUT_Pu_aa_u�e ue PeaUssead sauor uemaapTV Aq popwoos :3pTmgaS umaepTV 6g :N01109 ONI(INWV •snTdans a aeeq pTnogs 3aSpng aqa 3Ta3 aq 3eg3 paxaemea Aslvh 'WA 'aT WITene aae 3eg3 sesnTd2ns TTV SuTsn sT 39$png sTg3 3eg3 TTounoO aqa pauash daTeQ '214 %TTounoO g3TA 399png aAT3e3u91 W 6T aqa paMaTA9a AOTVa 2aTTo13UO:)! 4zT3 •199png TBuTd aqa uT papnTotT aq pTnoM 3na '102png aATMU91 #16T 3uasead aqa uT papnTouT Sou 019M snoT38puam6039a saaa33: o0-qnS SuTsegS anuaeag aqa 3eg3 pa�aemaa �Caa33eTS UgmaaPTV •sag3an3 pa*npaa aq PTnoM 3T 'dTTn3adoq 'W61 ARN uT uoT3dope 3aSpng TBUTA 3q pue `ATgeaapTsuoo peonpea uaaq seq s33OF02d Te3Tdg0 aqa 3eg3 Pa)lasmaa 6aa33eTS uemaapTV `h9'8T$ 3o a4sa x83 a popuammooaa seq pue '3aSpng aq-4 uo paeq faan SuT-4aoM uaaq seq 9933xmmon T TmPV P P g g q P TS UemaaPTV :139M4 SAIZVZNgs h16T uoT3sa3s u ue 328 n a 3 3e 3 a3uammoo daa33g 33ZZINHOD NOUVRISINIMV QNV Zi.9( 9 .ezeg3I 3O 33TO ag3 03 8310339 pug suoT3ngTa3uoo SuTpue3s3no aTag3 ao3 '£16T `T£ aagmaoan TTounoo SutAeaT aq TTTM oqM 'aoeTTUM UemxaPTV Pue 'UT03S uema9pTV 03 u013TUSoaa2 OARS AoTUO:) iO&W '£L6T 1sa3 aqa SuTanp uoT3saad0-oa 3uaTTaoxa pug a0uepua33e 2UTpue3s3no aTag3 ,ao3 TTounoO aqa pa'4ueg3 A9Tuo0 *OAVK i wi •3a2png anT3e3uay W61 ag3 3o'11oT3e3uasaxd .9g3 3o asnezkaq 4382T3 uoT3e23sTuTacpv4pue 3aSpng SUTAOM epu99V 8#'*f6 2apao og3 '2ulsaae9a sex aq-3eg3 paxaemaa AOTuoO JQAvN -opium aaaM suoT3oatgo ON ;. •epue2v 869e33Tmmo0 uoT3ga3sTUTmPV pue 3a9png au3 03 Tappe aq 3TpnV aqa 3gg3 pa3senbea Alo:318M uemaaPTV :VQN39V 31U OZ NOInQav *saagmvg3 TTbtmoO uomma:y aqa uT g3oq '•m.d 0£:L 38 `VL6T `Z Aiunusr Ifiepsoupam PTaq. aq 'ptinbM 2430am TTounoO agTn292 aqa pue '*M#v OO:OT 3e #16T IT Aaenuer 'Repsarl jr PT.ott F bq PTnoM 2uT389m TeToods a 3eg3 peoun©uue AeTu00 aoAeN :S9NIZM 'Se:Td ueoTIMW aqa 03 DaueT20TTV 30 84OU aqa uT ABTu00 aoAvN Aq POT aaaM 3uaso4d TTV aTPUng - VOTO 33TO aaneaM - 34TgO a2Td uMOag - ao3sa3sTUTmPV TeMau9H uwgan 3200 UVA - ao3092TQ SuTuuetd ugsaaH - 3aTgO 90TT0d AaTBQ - 2aTT013uo3 AM Rama sidni0 pAoag300g - ue=apTV :zrrsav aogttvM 'uTa3S `ousdS 'daa33eTS '3pTmgoS 'ToonoavS 'sTogzTN 'aaAaw 'sauor 'zaBaagUa3ng 'f.8-4uoaog 'xooag 'aegaeg - (£T) uamaaPTV SaTUO3 aO&H ZN3Sncl £L6T `CZ x'agmaoan •m•d O£:L SUT38aN TeToedS XH04 M3N 'VDVMI 30 AZIO MIQ33OO'Td 'II mnoo mowKOO L -2- December 27, 1973 DOUGLAS R. KINGSLEY ASSOCIATES INVOICE: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that the Douglas R. Kingsley invoice in the amount of $2400 for the wage survey be approved for payment. Carried CASS PARK: By Alderman Slattery: seconded by Alderman Nichols RESOLVED, that the Finance Department be authorized to increase Capital Account #H890-24 Cayuga Inlet Park $125,000. Carried �= AUDIT: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $15,659.59, as listed on audit abstract #13-1973 be approved for payment. Carried PAYMENT OF FINAL BILLS: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that the Budget and Administration Committee be empowered to approve and, audit for payment any final bills for 1973 as may require such action. Carried PLANNING AND DEVELOPMENT COMMITTEE Alderman Jones presented a resolution requesting that State Assemblywoman Mrs. Constance E. Cook and State Senator William T. Smith to introduce legislation for 20 year bonding of Pedestrian Mall as follows: RESOLUTION TO INTRODUCE LEGISLATION FOR 20 YEAR BONDING OF PEDESTRIAN MALL By Alderman Jones: seconded by Alderman Spano WHEREAS, The City of Ithaca wishes to strengthen its economy and improve the amenity of its urban environment for the public benefit, and WHEREAS, numerous city officials, citizens and members of the city's.business community have concerned themselves with this goal and have determined that a primary means to this end involves major improvements in the city's central business district, and WHEREAS, city officials, citizens and members of the business community working together toward this goal have developed a plan for a pedestrian shopping mall on public rights-of-way in the city's central business district, and WHEREAS, The City of Ithaca Common Council has on numerous occasions resolved and affirmed its willingness to support, and intent to proceed with, the developzmt of such a mall, and WHEREAS, realization of such an undertaking requires funding and enabling•legis- latiop which currently does not exist, or is insufficient for such ,purpose, in the statutes of the State of New York, now therefore be it RESOLVED, That the Common Council of the City of Ithaca requests the assistance and support of State Senator William T. Smith and State Assemblywoman Constance E. Cook in the preparation and introduction to the Senate and Assembly of an act to amend the Local Finance Law, in relation to setting the period of probable usefulness for cpnstruction or reconstruction of pedestrian malls, and defining the term, "pedestrian mall," and be it further RESOLVED, That the Common Council of the City of Ithaca thanks Senator Smith and Assemblywoman Cook for their assistance in this matter. AYES: 12 NAY 1 - (Alderman Barber) ABSENT: 1 - (Alderman Boothroyd) Carried Alderman Jones commented that this resolution was also recommended by the Planning Board. CHARTER AND ORDINANCE COMMITTEE { ZONING ORDINANCE RESOLUTIM FOR OFFICIAL LEGAL NOTICE: By Alderman Meyer: seconded by Alderman Brq WHEREAS, the Common Council P44nning Department and others have been in the process of amending and updating the Zoning Ordinance, chart regulation and zoning map for six years. WHEREAS, as part of the official procedure for acceptance of a new Zoning Ordinance official publicatiop pf the public hearing and a summary of the proposed changes is necessary 15 days prior to the public hearing: 1496 _ -3- December 27, 1973 BE IT RESOLVED, That the following notice is approved for official publication: LEGAL NOTICE PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Ithaca will conduct a public hearing on Thursday, January 17, 1974, at 7:30 p.m. in Common Council Chambers, 108 East Green Street, Ithaca, New York, to consider the adoption of a substantially revised Zoning Ordinance, Zoning Map and District Regulations Chart for the City .. of Ithaca. Copies of the proposed revised zoning ordinance, zoning map and district regulation - chart will be available for public inspection in the Office of the City Clerk copmencing December 17, 1973. PROPOSED CHANGES Map; A revised ordinance including a map is proposed which changes the class- ification and regulation of areas of the city affecting the business, residential, industrial and public districts- and which introduces the following new districts: 1) Marine - 2) Flood - Chart; Important changes have been made in the chart regulations concerning permitted uses in each district including but not limited to the following: 1) Minimum lot sizes and dimensions 2) Off street parking space requirements 3) Listing regulation pertaining to marine and flood zone Text; The text of the ordinance is reorganized and includes changes including but limited to the following areas: 1) Definitions 2) 9uppj*mantary regulations concerning removing of top soil 3) ";Ui# sheet parking 4) k formance standards for all uses S3 Flood Plain regulations 6) Deletion of apartment development regulations 71, Regtoration of non-conforming uses damaged by fire, etc. 8) Allowance for fast tracking construction 9) Requireasem for certificate of occupancy 10) Combined and clarified regulations concerning exceptions and variances 11) Penalties for violations All persons interested in the foregoing will be given an opportunity to be heard by the Cimmon Council. Dated: December 31, 1973 by authority of the Common Council of the City of Ithaca Joseph A. Rundle, City Clerk December 31, 1973 Carried DEFINITION OF FAMILY; Alderman Meyer presented several definitioRs of `family to the C , cil for their consideration. Alderman Meyer commented that the 'Council ghoul Oonsider the legal $epect of adopting a definition that will btu do0 tdable a Ort of law. After 41scussion on the Council floor, the following resolution was presentedt Ald#Vman Meyer: seconded by Alderman Nichols VESOLV4P, That "family" shall mean one or more persons dccupying a dwelling unit, provi44 that unless all members are related by blood, marriage, adoption or other legal reletionshtp, no such family shall contain over 3 persons, but further provided that domestic servants employed on the premises may be housed on the premises withdilt being counted as a family or families. K� V -4- December 27, 1973 AMENDING RESOLUTION: By Alderman Gutenberger: seconded by Alderman Wallace RESOLVED, That the original resolution be amended to read: No such family shall contain over 2 persons, instead of 3 persons. A roll call vote was taken on the amendment as follows: AYES: 10 NAYS: 3 - Brock, Meyer, Stein l ABSENT: 1 - Boothroyd Carried The main motion as amended, was presented as follows: MAIN MOTION AS AMENDED: By Alderman Meyer: seconded by Alderman Nichols RESOLVED, that "family" shall mean one or more persons occupying a dwelling unit, provided that unless all members are related by blood, marriage, adopt:.on or other legal relationship, no such family shall contain over 2 persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. A roll call vote was taken on the main motion as amended which resulted as follows: AYES: 13 .i7 NAYS: 0 ABSENT:1 - Boothroyd Carried On a motion the meeting was adjourned at 9:39 p.m. Joseph Rundle, City Clerk Edward J,/Conley, Ma r f