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HomeMy WebLinkAboutMN-CC-1974 `x`-64 F COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NE14 YORK Special Meeting 10:00 a.m. January 1, 1974 PRESENT: Mayor - Conley Aldermen (14) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano, Stein, Wallace OTHERS PRESENT: City Controller - Daley, Urban Renewal Administrator_- Brown City Clerk- Rundle All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked approval of the minutes for the December 5, 1973, and December 12, 1973, meetings. By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the minutes for the December 5, 1973, and December 12, 1973, meetings be approved as recorded by the City Clerk. Carried DISMISSAL OF MEMBERS OF COUNCIL WHOSE TERMS HAVE EXPIRED: Mayor Conley d_ssmissed Alderman Stein and Alderman Wallace and thanked them on behalf of the Ci; for their outstanding contribution as Alderman. MAYOR: Mayor Conley took the Oath of Office and was sworn in as Mayor by the City Clerk. ALD d: Aldermen Boothroyd, Boronkay, Gutenberger, Nichols, and Saccucci were sworn in and took their respective seats on Council. ATTORNEY FOR THE CITY: Mayor Conley introduced Attorney Martin A. Shapiro who will be Attorney for the City the next four months, and requested that he he seated at his desk. STANDING COMMITTEES OF COUNCIL: Mayor Conley announced his appointment of "Standing Committees" of the Council for the year 1974 as follows: COMMON COUNCIL STANDING C01141TTEES BUDGET AND ADMINISTRATION Schmidt Chairman Gutenberger Vice-Chairman Spano Slattery Saccucci Boothroyd CHARTER AND ORDINANCE Slattery Chairman Boronkay Vice-Chairman Schmidt Meyer Nichols Jones PLANNING AND DEVELOPMENT Jones Chairman Meyer Vice-Chairman Brock Gutenberger Boronkay AArber HTAN SERVICES Nichols Co-Chairman Brock Boothroyd Co-Chairman Barber Spano Saccucci -2- January 1, 1974 Mayor Conley remarked that in the past two years we have come a long way in involving the Council in the decision making in the City. Mayor Conley said in doing this the Council had taken on and assumed a tremendous amount of responsibility. Mayor Conley said that he felt the decision making should rest with the Council and its committees. Mayor Conley requested the Council committees and Chairmans to work much closer with the staff and to involve the staff in much of the background work that has been done by the Council in the past. APPOINTMENTS: Mayor Conley announced his appointment of the following officials: City Prosecutor Robert J. Hines 2 year term ending 12131/75 City Historian D. Boardman Lee 2 year term ending 12/31/75 Municipal Surgeon Robert M. Kieffer, MD 2 year term ending 12/31/75 Member of Planning Bd. Christopher J. Conway 3 year term ending 12/31/76 Member of Planning Bd. Richard M. Moran 3 year term ending 12/31/76 Member of Planning Bd. J. (B.P.W.) Stuart W. Stein 2 year term ending 12/31/75 W Membk:r of Planning Bd. (Council) Stephen C. Brock 2 year term ending 12/33175 Board`,of Zoning Appeals John Bodine 3 year term ending; 12/31/76 Police Commissioner Robert J. Bruce 3 year term ending 12/31/76 Electrical Inspector Lloyd E. Shisler 3 year term ending 12/31/76 ACTING CITY JUDGE: Mayor Conley announced his appointment of F'_11 am C. Barrett, 7 Cornell Walk, as Acting City Judge for a ore-year term, endiii Zl, 1974, and requested approval of his appointment. By Alderman Nichols: seccaded by Alderman Barber RESOLVED, that the Mayo<'rz appointment of W_l,' dam C. Barrett as Acting City Judge for a one-year term ending December 31, 1974, be approved and confirmed. Carried COMMIS ,§IONER OF PUBLIC WORKS: Mayor Conley a.--pounced his appointment of Stuart W. Stein, 207 Stewart Avenue, as a Commissioner of the Board of Public Works for a three-year term, ending December 31, 1976. By Alderman Boothroyd: seconded by Alderman Brock RESOLVED, that the Mayor's appointment of Stuart W. Stein as a Commissioner of the Board of Public Works for a three-year term ending December 31, 1976, be approved and confirmed. Carried LANDMAEKS PRRgRRVATTON COMMISSION: Mayor Conley announced his app.�Intment of Kathrine P. Gerkin, 116 Mitchell Street, to the Landmarks Preservation Commission for a three-year term, ending December 31, 1976, and requested approval of his appointment. By Alderman Brock: seconded by Alderman Boothroyd RESOLVED, that the Mayor's appointment of Kathrine P. Gerkin to the Landmarks Preservation Commission. for a three-year term, ending December 31, 1976 be approved and confirmed. Carried Mayor Conley announced his appointment of Carol U. Sisler, 209 Valley Road to the Landmarks Preservation Commission for a three-year term, ending December 31, 1976, and requested approval of his appointment. By Alderman Schmidt: seconded by Alderman Brock RESOLVED, that the Mayor's appointment of Carol U. Sisler to the Landmarks Preservation Commission for a three-year term, ending December 31, 1976, be approved and confirmed. Carried EXAMINING BOARD OF ELECTRICIANS: Mayor Conley announced his appointment of Lloyd E. Shisler, Route 228, Trumansburg, New York to the Examining Board of Electricians for a three-gear term ending December 31, 1976, and requested approval of his appointment. -3- January 1, 1974 By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, that the Mayor's appointment of Lloyd E. Shisler to the Examining Board of Electricians for a three-year term, ending December 31, 1976, be approved and confirmed. Carried Mayor Conley announced his appointment of Alfred N. Parente, 809 North Tioga Street, to the Examining Board of Electricians for a three-year term ending December 31, 1976, and requested approval of his appointment. By Alderman Brock: seconded by Alderman Boronkay RESOLVED, that the Mayor's appointment of Alfred N. Parente to the Examining Board of Electricians fora three-year term, ending December 31, 1976, be approved and confirmed.­­- Carried ACTING MAYOR: Mayor Conley suggested it would be in order to appoint an "Acting Mayor" and an "Alternate Acting Mayor" for the year 1974. Alderman Meyer nominated Alderman Schmidt and his nomination was seconded by Alderman Brock. Alderman Jones nominated Alderman Boronkay and his nomination was seconded by Alderman Saccucci. By Alderman Nichols: seconded by Alderman Meyer RESOLVED, that the nominations for "Acting Mayor" for the year 1974 be closed. Carried The Clerk polled the Aldermen by secret ballot which resulted in seven votes being cast for Alderman Schmidt and five votes for Alderman Boronkay. Mayor Corley declared Alderman Schmidt duly appointed Acting Mayor for the year 1974. Acting Mayor Schmidt took the Oath of Office and was sworn in as Acting Mayor by the City Clerk. ALTERNATE ACTING MAYOR: Alderman Boothroyd nominated Alderman Gutenberger for the, position of Alternate Acting Mayor for the year 1974, and it was seconded by Alderman Slattery. Alderman Boronkay nominated Alderman Jones and it was seconded by Aldergm Barber. By Alderman Schmidt: seconded by Alderman Barber RESOLVED, that the nominations for "Alternate Acting Mayor" for the year 1974 be closed. Carried The Clerk polled the Aldermen by secret ballot which resulted in seven votes being cast for Alderman Gutenberger and five votes fc-.r Alderman Jones. Mayor Conley declared Alderman Gutenberger duly appointed Alternate Acting Mayor for the Yiar 1974. Alternate Acting Mayor Gutenberger took the Oath of Office and was sworn in as Alternate Acting Mayor by the City Clerk. BUDGET AND ADMINISTRATION COPLLT TTEE DESIGNATION OF OFFICIAL NEWSPAPER} By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that pursuant to Section 232 of the City Charter (Sec. 8-40 as codified) the Ithaca Journal be and it hereby is designated as the official newspaper of the City fqT the yeah 1974. ' Carried DESIGNATION OF OFFICIAL DEPOSITORIES: By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that pursuant to Section 33 of the Charter (Sec. 3-6 as codified) the Tompkins County Trust Company and the First National Bank & Trust Company be and they hereby are designated as the official depositories of all City funds for the year 1974 as follows: Following is a list of all City of Ithaca Bank Accounts: TOMPKINS COUNTY TRUST COMPANY City of Ithaca, General Find #201 001004 City of Ithaca, Payroll Fund 201 117541 Capital Reserve Fund # 4 - Bridges 201 001055 to of is # 9 - Gen. , ipAl Properties & Bldg. 201 001128 it is it #11 - Parka6 creation Area 201 001136 " " " #14 - Parkin# Areas 201 001179 " " " #15 - Fire fAgine Replacement 201 001187 it t1 #16 - "'lop�nt of`4 ter Sources 201 000997 " #17 - Sewer txftton 201 000989 " " #18 - Hwici 6. araWs 201 000962 20 .� -4- January 1, 1974 Capital Reserve Fund #20 - West Hill Water & Sewer Replacement #201 001594 t1 '° 422 - Bus Replacement 201 001608 #22A State Aided Bus Project 201 001772 Emp'l. Group Insurance De, uctions 201 001233 Guaranty & Bid Deposits 201 001322 City Tax Sale Redemption 201 001322 Deposit on Water Meters 201 001322 Surety Coupon & Bond Acct 201 001322 Federal Reserve Sharing 201 121042 Proceeds from Bond Sales 201 001705 Firemen's Relief Fund (T: ne Account) 551 000201 Vet. Vol. Firemen's Assn (Time Account) 551 000228 Cemetery Fund (Time Acco nt) 551 014199 M. C. Hillick Memorial F .nd (Time Account). 551 014202 Storms Cemetery Fund (Ti ie Account) 551 014229 Holmes-Stamp Cemetery Fi td (Time Account) 551 006439 John D. Wright City Chamberlain IN FIRST NATIONAL BANK AND TRUST COMPANY J.+ City of Ithaca, Water & Sewer Fund 4267 010109 .L City of Ithaca, Constru :tion Fund 267 0=.'342 -� Community Renewal Progrsm 267 010731 Firemen's Relief Fund 267 C_�001 John D. Wright City Chamberlain AYES 11 ABSTENTION: 1 Barber Carried COLLATERAL TO SECURE f .POSITS: By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that the collateral deposited by r e Tompkins County Trust Co. and the First National Bank and Trust Co. as reported be approved as to = .::> .-_d sufficiency, AYES . 11 ABSTENTION: 1 Barber Carried PUBLIC OFFICIALS BOND: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that pursuant to the provisions of Section 8-4 of the City Charter as codified and Section 11 of the Public Office-s Law the following bonds which are on file in the Office of the City Clerk be and are here'ay approved in all respects for the year 1974: John D. Wright, City Chamberlain $50,000 G-488174 Globe Indem. Co. James J. Clynes, Jr., City Judge $ 4,000 G-438528 Globe Indc:2. Co. Faithful Performance Bond, All City Employees $100,000 G-438529 Globe Indem. Co. Carried DESIGNATION OF REGULAR MEETING DATES AND HOUR: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that regular meetings of the Common Council for 1974 be held at 7:30 p.m. on the first Wednesday of each month in Common Council Chambers at City Hall, 108 E; Green Street. Carried CONTINUITY OF GOVERN14ENT IN THE EVENT OF ATTACK OR PUBLIC DISASTER: Alderman Saccucci requested Mayor Conley to up-date the Continuity of Local Government. Mayor Conley asked' City Clerk Rundle to follow up on Alderman Saccucci's request. On a motion the meeting was adjourned at 10:46 a.m. r Jose h A. Rundle, City Clerk Edward Conley, Mayor 202 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK } Regular feting 7:30 p.m. January 2, 1974 PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano OTHERS PRESENT: Attorney - Shapiro Planning Director - Van Cort City Controller - Daley Fire Chief - Weaver Building Commissioner - Jones City Clerk - Rundle All present were led by Mayor CdL4y in the Pledge of Allegiance to the American Flag. LETTER FROM TOM'KINS COUNTY CHAMBER OF COMMERCE: City Clerk Rundle read the following letter to the Council: Dear Council Members: At the meeting of our Board of Directors, held on Thursday, December 20, it was the unanimous consensus of the approximately twenty Board members present that an expression of thanks be extended to a courageous Common Council in causamg the construction of the downtown Seneca Parking Garage. As in any such pro'ect, there will always be controversy and an element of negativism. We congratulate you for your foresight and choice of contractors. The availability and usefulness of this parking garage certainly has been evidenced since its opening. Again, we salute each member of Common Council for their courage and faith in the eventual renewal of our downtown vitality. We look forward to assisting wherever appropriate in the planning of the downtown mall. Sincarely, Raymqnd Van Houtte, President LETTMR FROM TOMPKINS COUNTY PLANNING BOARD: City Clerk Rundle read the following letter to Council: TO: Mr. Joe Powers, NYS DOT, Syracuse District Office Mrs. Constance E. Cook, State Assemblywoman Mr. William T. Smith, State Senator Mr. Howard W. Robison, US Congressman Mr. William F. Walsh, US Congressman Dryden Town Board Groton Town Board Lansing Town Board Ithaca Town Board Cayuga Heights Village Board Dryden Village Board Groton Village Board City of Ithaca Common Council Tompkins County Board of Representatives Tompkins County Environmental Management Council Tompkins County Chamber of Commerce US Department of Transportation Cortland County Board of Supervisors Others FROM:Eleanor Bayley, Chairwoman, Tompkins County Planning Board RE: New York State Department of Transportation Project Location Report. Conclusions and Recommendations for the Improvement of Route 13 from Ithaca to Cortland, Tompkins and Cortland Counties, P.I.N. 3057.08 At the December 12th meeting of the Tompkins County Planning Board, the Board discussed the recommendations of the New York State Department of Transportation which selected Alternative B (Modified) as the most,desirable location of an im- proved Route 13 from Ithaca to Cortland, as described in the above report. The 1, F Ik_P -2- January 2, 1974 State DOT recommendation essentially calls for improvement of Route 13 along its existing alignment to South Cortland with a bypass around the Village of Dryden, essentially without control of access, except over limited portions thereof, and hence from South Cortland to Polkville and I-81 as a controlled access facility. Climbing lanes will be provided where they are found to be necessary. The County Planning Board feels strongly that this recommendation by New York State DOT is unacceptable as a long-range solution to the improvement of Route 13. Tompkins County is the only remaining major growth area in the State of New York without an efficient link to the expressways and interstate highway systems. Furthermore, the County is so situated that future transit systems cannot play a major role in serving the County. Although peoples in the County tend to favor an improved Route 13 on its existing alignment as part of normal upgrading of existing highways, the concept of using the existing Route 13 alignment as the sole future long-range highway improvement at the expense of continued active planning toward a new limited- control - corridor is not acceptable, and does the County a disservice. Improvement of Route 13 on its existing alignment can only be considered as a short-term solution. The Planning Board has adopted the attached resolution which they believe to be the consensus of peoples in Tompkins County. Municipal bodies are urged to consider a similar resolution. Official State and federal agencies are urged to carefully consider the resolution in their deliberations in future actions involving the Route 13 improvements. RESOLUTION OPPOSING NEW YORK STATE DEPARTMENT OF TRANSPORTATION RECOMMENDATION FOR CORRIDOR SELECTION, i "t ROUTE 13, ITHACA TO CORTLAND ti EREAS, New York State Department of Transportation has made public its recommenda- t t n that Route 13 from Warren Road to Cortland be improved essentially on the ex ting alignment, but with a bypass around the Village of Dryden and with a terminus at I-81 at Polkville, and WHEREAS, the County Planning Board reviewed the alternate routes submitted by DOT for discussion together with the draft envir^nmental impact state!nF-its and submitted its recommendations to State DOT selecting . .a of the new corridors as the most appropriate, and WHE4AS, other groups, municipalities and a-sncies have also reviewed the alternate routas and submitted comments to State DOT, c-nd WHEREAS, the various groups have, with no knoT-.]q exception, endorsed new corridors to the north of the existing Route 13, and terminating north of Cortland, and WHEREAS, it is clear that the improvement of Route 13 on its existing alignment is not a long-range solution to the transporation needs of the County and region, but rather an interim-range solution, therefore be it RESOLVED, That this Board goes on records as opposing the recommendation of the New York State Department of Transportation relative to their selection of the Route 13 corridor along the existing alignment, and be it furs? =r RESOLVED, That any improvements made along the existing alignment be considered as interim-range improvements, and not be given a status which would imply a long-term approach, and that State DOT continue its planning to arrive at a long-range solution by selecting the most appropriate new corridor along the northerly route, and be it further RESOLVED, That a copy of this resolution be forwarded to the County Board of Reprgsentatives, the Village Boards of Cayuga Heights, Dryden and Groton, the Town Board of the Towns of Dryden, Groton, Lansing and Ithaca, and to other appropriate agencies with the recommendation that they consider similar resolution, and be it farther RESOLVED, That a copy of this resolution be forwarded to appropriate members of the State Assembly and Senate, appropriate members of the US Congress, New York State Department of Transportation, US Department of Transportation, and other agencies and peoples as may be appropriate. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That this letter be referred to the Planning and Development Committee. Carried PRESONS APPEARING BEFORE COUNCIL: Orson R. Ledger-209 First Street appeared before Council and said he was representing the landlords of the City. Mr. Ledger said it 204 T r -3- January 2, 1974 was unclear to him what effect the new definition of family had on the landlords in the different use districts of the City. Mr. Ledger said that the limit of no more than two unrelated people could live together, 1would create a hardship on the landlords with lar§e, apartment houses. Alderman Boronkay commented that the chart regulations are quite clear that in an R-1 Zone you are allowed buildings to have one family units only, in the R-2 and R-3 Zones you have multiple family units available. Mayor Conley commented the definition of family was defined for the purpose of the new changes that the public could react to at the public hearing scheduled Thursday, January 17, 1974. ;COMMUNICATIONS FROM THE MAYOR APPOINTMENTS: Mayor Conley announced his appointment of the following officials: BOARD OF ZONING APPEALS: Edgar L. Gasteiger - 3 year term ending December 31, 1976. YOUTH BUREAU ADVISORY COUNCIL: Louis Withiam, 3 Cliff Park Circle; Dell Grover, 415 Hillview Place; Douglas Addy, 210 East Marshall Street, for 3 year terms ending December 31, 1976. June Wall, 409 West Green Street, to replace Stephen Brock - 2 year term ending December 31, 1975. Rita Larock, 1011 North Aurora Street, to replace Louise Cornish - 1 year term ending December 31, 1974. BOARD OF FIRE APPEALS: Mayor Conley announced his appointment of Alderman Robert Boothroyd, William J. Sullivan, Jack K. Kiely, Edward Austin and,William McGee to the Board of Fire Appeals for two year terms ending December 31, 1975. By Alderman Schmidt: seconded by Alderman Nichols RESOLVED, That the Mayor's appointment of Alderman Robert Boothroyd, William J. Sullivan-, Jack K. Kiely, Edward Austin and William McGee to the Board? of Fire Appeals for two year terms ending December 31, 1975° :-)e approved and confirmed. '. Carried GREATER ITHACA ACTIVITIES CENTER BOARD: Mayor Conley announced his appointment of Jason Whitman and Alderman Donald Slattery to the Greater Ithaca Activities Center Board' for a one year term ending December 31, 1974. By.Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That the Mayor's appointment of Jason Whitman and Alderman Donald Slattery to the Greater Ithaca Activities Board for one year terms endin.g December 31, 1974, be approved and confirmed. Carried ENVI42NNENTAL COMMISSION: Mayor Conley announced that two Aldermen should be appointed by Council to serve as Ex-officio Members to the Environmental Commission for one year terms ending December 31, 1974. Alderman Meyer nominated Alderman Jones and it was seconded by Alderman Nichols. Alderman Boothroyd nominated Alderman Stephen Brock and it w s seconded by Alderman Boronkay. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the nominations be closed. Carried Mayor Conley declared Alderman Jones and Alderman Brock duly appointed as Ex-officio Members to the Environmental Commission for one year terms ending December 31, 1974. STAFF MEETINGS: Mayor Conley commented that he planned to hold a staff meeting on Monday morning at 10:00 a.m. prior to the regular Common Council meetings on Wednesday of each month. Mayor Conley remarked that the staff would review the agenda and discuss it in detail. The attorney for the City will also be present. t -4- January 2, 1974 COUNCIL MEETINGS: Mayor Conley remarked that he would. like to, in the future, consider only items that appear on the agenda. Mayor Conley requested that committee reports be limited, in an effort to shorten the meetings in 1974. Committees requiring departments heads to be present at Council meeting should so indicate. CITY CLERK'S REPORT REPORT OF SPECIAL ELECTION (Old Seventh Ward): City Clerk Rundle reported that he has referred this matter to the Attorney for the City, and hopes to have a report in the near future. ATTORNEY FOR THE CITY: Attorney Martin A. Shapiro reported that he met with the staff and that he was setting up office hours in City Hall on Monday and Wednesday mornings 8:30 a.m. to 12:30 p.m. and Friday afternoons 1:00 p.m. to 4:30 p.m. Attorney Shapiro remarked that is possible, he would prefer request be made in writing to his office, and he would give an answer promptly in writing. Appointments with the Attorney may be made by contacting the Mayor's Secretary. PETITION: Attorney Shapiro reported that he was working on a petition regarding An appeal from a determination by the Board of Zoning Appeals. LEVATICH, MILLER, HOFFbW-4 ARCHITECTS: Attorney Shapiro reported that negotiations are continuing and an arbitrator has been brought in the negotiations. -� HUkki SERVICES COMMITTEE: Alderman Nichols reported that the request for the use of the Tin Can by the Ithaca School District is being studied by the Ycuth Bureau. PLATJNING AND DEVELOPMENT COMMITTEE ITHACA MALL COMMITTEE: Alderman Jones reported that the Mall Committee was meeting Wednesday, January 9, 1974, at 8:30 a.m. to consider setting up benefits districts, requesting Council for legislation to establish these districts, and the kind of governing body which will be required to manage the Mall. P AADMAN HOUSE AD HOC COMMITTEE: Alderman Jones reported that she has been in contact with several people and groups concerned with saving the 111op,Iman House and the committee is in the process of bei 7 Incorporated, increasi-'. - their member- ship, and drawing up a new proposal which tiaey hope to take to the Beard of Representatives. EXEU TIVE COMMITTEE CODE. OF ETHICS FOR MUNICIPAL EMPLOYEES AND ELECTED OFFICIALS: By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That this matter be transferred to the Charter and Ordinance Committee. Carried BUDGHT AND ADMINISTRATION COMMITTEE WATER AND SEWER RATES: Alderman Schmidt reported his committee is waiting for a report from the Board of Public Works on this matter. INTER-GOVERNMENTAL RELATIONS COMMITTEE: Mayor Conley appointed the following to the Inter-governmental Relations Committee: Alderman - Slattery - Chairman Alderman - Schmidt Alderman - Jones CHARTER AND ORDINANCE COMMITTEE: FIRE PREVENTION CODE BOARD OF REVIEW: By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the Fire Prevention Code Board of Review be removed from the Agenda. Carried ZONING ORDINANCE: Alderman Meyer and Planning Director Van Cort reviewed the proposed changes to the Zoning Ordinance and the procedures involved in making these changes. On a motion the meeting was 4djourned at 8:48 p.m. A / ':Jose h A. Rundle, City Clerk Edward J. gonley, Mayor % r 206, COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 P.M. January 17, 1974 PRESENT: Aldermen (11) - Barber, Boothroyd, Boronkay, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano ABSENT: Mayor - Conley Alderman - Brock OTHERS PRESENT: Planning Director - Van Cort Asst. Superintendent of Public Works - Hannan Ass t. Planning Director - Meigs Ass t. to Supt. of Public Works - Dougherty Attorney for the City - Shapiro BPW Commissioner - Golder Chief of Police - Herson City Clerk - Rundle Mayor Conley was in New York on city business, and the meeting: was chaired by Acting Mayor Schmidt. All present were led by Acting Mayor Schmidt in the Pledge of Allegiance to the American Flag. PUBLIC HEARING - ZONING ORDINANCE: Acting Mayor Schmidt opened the public hearing duly advertised for this meeting to hear interested persons in a proposed new Zoning Ordinance. Attorney for the City Shapiro commented that the purpose of the public hearing was to give the public the opportunity to voice their views on the proposed Zoning Ordinance. The public hearing is mandated and if there are any substantial changes to the proposed Zoning Ordinance as it now stands, either as a result of this meeting, or anytime hereafter, until the Zoning Ordinance is enacted, then it will be necessary to have another public hearing. Mr. Shapiro remarked that according to the Municipal Home Rule Law there is a requirement that the proposed legislation ° in its final form must be laid on the desk of the legislators for seven days ex- clusive of Sundays, or mailed under certain conditions, so that they have an op- portunity to review it before enactment. Mr. Shapiro said this could be dispensed with by a two-thirds vote of the legislative body. It would be an option to Council tonight, to either pass the Zoning Ordinance as it stands, or to reconsider it, or wait to some later date and pass it then. The following persons appeared to speak at the public hearing: MR. ARTHUR GOLDER - 110 West Court Street. I4r. Golder objected to the family size, and said it would work a hardship on the community, and suggested revising it to two persons of the same sex reduced in a one bedroom unit; in a two bedroom unit, it should be two people of the same sex, with a roomer for another person of the same sex. With two persons related, if it were husband and wife it could be a roomer of either sex and so on, graduated to two bedroom, three bedroom, four bedroom units. Mr. Golder also spoke on the front footage in an R-1 Zone and said he felt more consideration should be given both of these items. MR. LOREN B. HARDESTY - from Dryden, New York, who owns industrial property in the City of Ithaca said he was concerned about the I-1 Zone and the definition in Section 30.40 No. 5 Glare and Heat, and in Section 30.41 Item B No. 1 All production or processing of materials or substances shall be contained within ccmpletely closed building. Section 30.41 Item B No. 2 and No. 4 regarding screening. Mr. Hardesty requested that these definitions be defined in greater detail. MR. VINCENT HANNAN - 508 Campbell Avenue, spoke to the R-1 minimum lot size require- ment being changed to 50 ft. with 10 ft. setback on each side. Mr. Hannan said that the residents of West Hill objected to this change. Mr. Hannan said that several residents of West Hill were in attendance at the public hearing, and suggested that in order to save time, the City Clerk count the show of hand of the people who are concerned wj�o changing the lot sizes. City Clerk Rundle c9pted thirty raised hands of people who were concerned with changing the lot siz@9. MR. JOHN A. DOUGHERTY - 405 Marren Place spoke against the changing of lot sizes on West Him 207 January 17, 1974 By Alderman Nichols: seconded by Alderman Jones RESOLVED, that Carol Wilson be appointed to the position of Clerk at an annual salary of $2,772.00 that the appointment be provisional and become effective'-January 1, 1974, and that the Civil Service Commission be requested to hold an examination for this position. Carried By Alderman Nichols: seconded by Alderman Slattery RESOLVED, that Frederick D. Johnson be appointed to the position of Assistant Custodian at an hourly rate of $2.75. Carried WORKING SESSION ON PROPOSED REVISED ZONING ORDINANCE: At 9:23 p.m. Council entered into a working session, and the following resolutions were presented: R-1 ZONE FRONT FOOTAGE_: By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That the front footage for an R-1 zone remain the same as the existing ordinance (75 feet with a single dwelling unit 100 feet with a single dwelling with one smaller unit) . Carried IN R-1 ZONE AREA IN SQUARE FEET: By Alderman Boronkay: seconded by Alderman Barber J" RESOLVED, That the requirement for lot size for the R-1 district remain the same as the present Zoning Ordinance (10,000 square feet for one family dwelling, and 15,000 square feet for one-family dwelling with one smaller additional unit) . Carried R-2 ZONE SQUARE FOOTAGE: By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That the area in square footage in an R-2 zone be changed from 4,000 sq. ft. to 5,000 sq. ft. per dwelling unit, the rest to remain unchanged. AYES: 6 NAG'S: 4 - Boronkay, Gutenberger, Jones, Meyer Carried CE TIFICATE OF OCCUPANCY SECTION 30.5'T: By Alderman Meyer: seconded by Alderman Nichols RESOLVED, That the Council supports the sense of this provision of Certificate of Occupancy, with the amendment that there is either a time limit or a clause which allows the buyer to bear the burden of meeting the Certificate of Occupancy. Carried PARKING SPACE SECTION 30.3 N0. 65: By Alderman Barber: seconded by Alderman Boothroyd RESOLVED, That the square footage be changed to 160 sq. ft. from 180 sq. ft. AYES . 1 NAYS : 8 ABSTENTION: 1 - Boothroyd Motion Defeated PUBLIC HEARING ADVERTISING RESOLUTION: By Alderman Meyer: seconded by Alderman Boothroyd 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 February 6, x.974, in City Hall Council Chambers, 108 East Green Street, Ithaca, New York, to hear persons interested in the proposed revised zoning ordinance, inclusive of zoning map and district regulations, and BE IT 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 Monday, January 28, 1974, and until the effective date of passage of the revised zoning ordinance. Carried 2 ®8 -5- January-1(, 1914 PUBLIC HEARING NOTICE RESOLUTION: By Alderman Meyer: seconded by Alderman Jones RESOLVED, That the following notice is approved for official publication: PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Ithaca will conduct a public hearing on February 6, 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 commencing January 28, 1974• All persons interested in the foregoing will be given an opportunity to be heard by the Common Council. Dated: January 17, 1974 By authority of the Common Council of the City of Ithaca Joseph A. Rundle, City Clerk January 17, 1974 Carried On a motion the meeting was adjourned at 11:07 p.m. Jose h A. Rundle, City Clerk Edward Conley yor 209 -2- January 17, 1974 MR. PERRY SMITH - 1112 Hector Street, spoke against the changing of lot sizes. MR. THERON JOHNSON - 138 Linn Street. Mr. Johnson asked what the difference was between Section 30.03 No. 51 "Lodging Unit" and Section 30.03 No. 71 "Rooming House.9° Mr. Van Cort remarked that a lodging unit has provisions for eating meals and a rooming house has no provision for meals. Mr. Johnson suggested the following changes: Section 30.03 No. 65 "Parking Space" from 180 sq. ft. to 160 sq. ft. Section 30.37 No. 3 driveways three percent (3%) for a distance of twenty-five feet from the curb line be changed to encourage more people to construct driveways, and create more off-street parking. Section 30.37 No. 2-A "Access" must be hard surface, if the driveway is sloping away from the street, perhaps at the discretion of the Zoning Officer, driveways could be allowed that were not hard surface to keep down the cost, so more driveways could be installed. Section 30.37 No. 2-C "Screening" that this be left to the discretion of the Building Commissioner. MR. JOHN WOOSTER - 255 Westwood Knoll. Mr. Wooster asked if all the sub-division restrictions on lots purchased on West Hill would be thrown out if the minimum lot size is changed to 50 ft. Attorney Shapiro commented that if a person purchases land or property in an area that has a sub-division and there are restrictive covenants in the. deed, the Zoning Ordinance does not obliterate the restrictive covenants in those deeds. Mr. Van Cort remarked that to change an existing sub- division would require getting the Planning Board's approval and public notice. MARY MURPHY - 505 Campbell Avenue,spoke against the 50 ft. minimum lot size. MR.C. MURRAY VANMANXER - 2W South Geneva Street, spoke in favor of maintaining the existing lot requirements. Mr. VanMarter commented that to change an existing sub-division regulation would also require a public hearing. Mr. VanMarter commented that Council within the last year and a half rezoned one area of South Hill from R-2 to R-1 with no basis, and about thirty percent of the buildings as they exist in this area do not meet any single portion of the requirements of an R-1 zone. Mr. VanMarter said this is not zoning, this is an inventory of what exists, and its bending to the pressures of people that come before you. Mr. VanMarter suggested that all the areas that meet the requirements of an R-1 should be maintained and the proposal should not be supported. MR. EDWARD MATEY - 908 North Cayuga Street. Mr. Matey said that he was endorsing a more strict enforcement of the new Zoning Ordinance. ANNE S. CLAVEL - 109 Cornell Street. Mrs. Clavel asked about the compliance of the certificate of occupancy. Mrs. Clavel commented that if the Electrical Code which is enforced in the city for new construction, is enforced on older homes it will be a hardship for the people in the city either to sell their homes, or to do anything about it. Mrs. Clavel said she did not think that this will help to upgrade the city's homes and many old homes would require several thousand dollars to have them rewired to currect modern standards. Mrs. Clavel suggested that the Council take another look at the certificate of occupancy. MR. GREGORY KASPRZAK - 432 North Tioga Street. Mr. Kasprzak said as he reads the recommendations correctly each of the R-1, R-2 and R-3 zones has the basic require- ment of 50 ft. Mr. Kasprzak questioned the need for three zones if the basic requirement is 50 ft. , why not have ,just one residential zone. He said he was age#inst the 50 ft. in an R-1 zone. Mr. Van Cort informed Mr. Kasprzak that R-1 an4 R-2 zones the basic requirement is 50 ft. , but in an R-3 zone the basic require- ment was 35 ft. Mr. Kasprzak asked clarification of Section 30.37 off-street parking ' No. A-1, parking within five hundred (500) feet of a building, is this public parking spaces or private parking spaces. Mr. Kasprzak asked the Attorney for the City to research the question of whether public parking can be allocated to a private user, and asked how the City would guard against over assignment of parking spaces. Tv1r. Kasprzak suggested in Section 30.37 screening should be more clearly defined, or perhaps it should be changed to fencing. Mr. Kasprzak suggested to Council that the Sign Ordinance and the Zoning Ordinance be combined in the same booklet. MR. dBEN BOYNTON - 33 Wilkins Road. Mr. Boynton praised the Board of Appeal's role in the new ordinance. Mr. Boynton said one part should be examined very carefully and ,that is the financial criterion shall be used, yielding a reasonable return. Mr. Boynton asked the Attorney for the City to check this against some of the case laws, before the ordinance is finally adopted. Mr. Boynton also endorsed the eight (8) ft. parking spaces. NR. MAURICE C. BOND - 607 Mitchell Street. Mr. Bond commented that the recent change in his neighborhood from R-2 to R-1 that the people are not unhappy with this change, and feel they have gained certain advantages. Mr. Bond spoke in favor of the revised definition of family. Mr. Bond complimented the Planning Board for its efforts in developing the new revised Zoning Ordinance. 210 _ . . . . -3= January; 7 "a _SIR. ORSON LEDGER - 209 First Street, Mr. Ledger commented that he was oppp. *ed to many of the regulations for off-street parking. Mr. Ledger objected to sd0f ening of parking lots, and asked that it be removed for private parking lots... MR. C. MURRAY. VANMARTER - 209 South Geneva Street, appeared a second tirdti Mr. VanMarter commented that parking requirements in a B-3 district remains h# same as they were in the old ordinance. - Mr. VanMarter asked the Council to db cider what will happen when someone applies for a building permit for any kin&_Ofittevelopment downtown. Mr. Van Cort informed 1-1r. VanMarter that a change has been ma�4 A a B-5 district has none. MR. VINCENT HANNAN - 508 Campbell Avenue, appeared a second time. Mr. Hannan referred to a,previons statement made by Attorney Shapiro that the only recourse for people that have restrictive covenants in their deed is for a group to get together and hire an attorney to represent them. Mr. Hannan said that most of the people present thought that the reason city government was elected was to provide this type of service. Mr. Hannan criticized the lack of publicity on the proposed revised Zoning Ordinance, and said that his group from West Hill had to get their information by word-of-mouth. Mr.. Hannan remarked that most of the people present would like to have some assurance that this ordinance will not be passed tonight, and that another look would be taken to come up with some kind of a solution to protect the West Hill area. Mr. Hanrlan. commented that if another public hearing is to be held, information should be made available to the public as to what changes are going to take place. SUNNY GOODING - 105 Eddy Street, commented that alot of people seemed to be confused on the minimum lot size. In R-1 and R-2 zones it is going to 50 ft. , however the maximum percentage of the lot that may be covered by buildings in an R-1 is 20 percent, in an R-2 it is 25 percent and in R-3 it is 35 percent. Mrs. Gooding said she felt that this makes a big difference with a 50 ft. lot only. 20 percent of which can be covered by a building. 4SOLVED,Alderman Barber: seconded by Alderman Saccucci That the public hearing be closed. Carried i Acting Mayor Schmidt declared a five-minute recess. Acting Mayor Schmidt expressed his thanks on behalf of the Council to the public for their comments. Alderman Meyer thanked the Planning Department for their very hard work in helping put the Zoning Ordinance together, particularly Jonathan Meigs who has worked an incredible number of hours to put the final details in order. After discussion on the riour ur Council, it was decided to go into a working session on the ,prupvsed revised Zoning Ordinance immediately after the Human Services Committee report. HUMAN SERVICES COMMITTEE The Ithaca Youth Bureau recommends th© wpPointmeut -of Opmuol Cohen to the position or Assistant Youth Bureau Director at an annual sjE�lazFy of $9,489.00. Also the appointment of Dennis M. Byron to the position of Youth Worker at an annual salary of $8,745_:00, and the appointment of Carol Wilson to the part time position (17.5 hours per week)of Clerk at an annual salary of $2,772.00, and the appointment of Frederick D. Johnson to the position of Assistant Custodian at an hourly salary of $2.75 Per hour. By Alderman Nichols: seconded by Alderman Boothroyd RESOLED, that Samuel Cohen be appointed to the position of Assistant Youth Bureau Director for Youth Development at an annual salary of $9,489.00, and that this appointment become effective as of January 1, 1974, and that the Civil Service Commission be requested to hold an .examination for the position. Carried By Alderman Nichols: seconded by Alderman Barber RESOLVED, that Dennis M. Byron be appointed to the position of Youth Worker, at an annual salary of $8,745.00 and that this appointment be provisional effective January 1, 1974, and that the Civil Service Commission be requested to hold an examination for the position. Carried 2 COMNDM COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:00 p.m. January 30, 1974 PRESENT: Mayor- Conley Aldermen (12) - Brock, Boronkay, Jones, Nichols, Meyer, Spano, Boothroyd, Schmidt, Gutenberger, Slattery, Barber, Saccucci OTHERS PRESENT: City Controller - Daley Urban Development Corporation - Keane Attorney for the City - Shapiro City Architect - DiPasquale BPW Commissioner - Stein City Clerk - Rundle City Engineer - Schlieder MAYOR'S REPORT - CALDWELL-ROTHSCHILD: Mayor Conley reported that the Board of Public Works was asked to remove parking on Green Street. This is a requirement that the Department of Transporation put on before they would give the City the necessary permits to construct and also for for the curb cuts for the Rothschild loading dock. Mayor Conley said it went along with the City's plan for the central business district as far as traffic circulation, and it was the same type of recommendation that Raymond, Parish & Pine had come up Swith on the plan which we have not yet implemented. The Board has passed this resolution and that paves the way for this particular meeting. -� Since the signing of the contracts, a lot of people felt that was the important step. It was an important step because those contracts had to be netotiated. This ended the negotiation period so everyone agreed on all the major portions of that project and those contracts, but it did leave a list of things that had to be done, which has been called,for the past few months,as the shopping list. It is a list as far as things that Rothschild had to do, things that the City had to do, and the Urban Renewal Agency and all the different things everybody had to do. Alderman Jones, Alderman Schmidt and the Mayor met with all the other parties of this particular agreement, and that list had come down to these few remaining things left to do. Some were an opinion letter from the Attorney for the City, an affidavit from the City Engineer, the Newberry right-of-way, the Newberry Lease, and a few things that Rothschild had to sign, that the City had to pave the way first before it would give them the opportunity to sign, obtain a building permit and a few other things. There was some work left for the City to do. The following week after that meeting was spent working on the City portion of the list to make sure that the City was in position to move rapidly. It was extremely important from the developer; point of view to get this project started right away, because he was afraid that in the event that the ceiling was lifted on some of building materials that would be used in this project that could cause escalations. The Mayor said he also wanted to make sure that the City was in position, so that if there were any delays it would not be the City that was having any of these delays. Since then, this past week when we worked on it was capped off Friday oy our trip to New York to get the signature from the Newberry Corporation. Newberry Corporation worked very hard in complying with what we were trying to achieve. Also, it took some co-operation from Cornell University wiio owns one of those buildings and Rothschild Bros. and the Developer. All of them worked very hard, co-operated and they all particiapted in that particular thing.- Mayor Conley said we have that signed and it is all set. The State Urban Development Corporation was working on the Department of Transportation rights-of-way permissions and a piece of land we were buying from them and the encroachments, they have received all of that back with two things that was pretty much in escrow. The Department of Transportation has agreed to everything with the exception with removing of parking which the Board of Public Works has done, the other was the right-of-sway. After this particular resolution is passed we have the executed easements all through this whole project. Once we sign and Newberry's sign, this allows Rothschild to sign, he has now signed all of the documents with Attorney George Pfann. Also, the Judge has executed one that we condemned. Mayor Conley said we may have to change the pre-cast panel system to a two-way post-tension system similar to the one in the garage. Everyone was working on it to see if it was acceptable; Rothschild found it acceptable, Caldwell and our Architects and everybody else. All of these things have been done; however, in doing this there were some cost savings and some additional expenses and there was the situation with the heating coils in the parking structure. The heating coils were one of the things they wanted to remove that would help hold the price the same as the contract price that we have agreed to around eighteen months ago. The Mayor 212 -2- January 30, 197-4 said that as soon as these resolutions are passed, as far as he is concerned the City is 100% done, Rothschild is 100% done, and it is just a matter now of co-ordinating the closing. Mayor Conley said there are some 71 different exhibits that have to be brought together inone place; the Attorneys hwre to go through and sift these out for the closing, who is going to sign what, when and where and how we exchange the checks, the City Clerk verifying the signatures, and all of these types of things by co-ordinating that and getting that ready for the closing. Once these resolutions are passed, and there is one other resolution that does not involve us, it is a resolution between the Caldwell lenders and the Rothschild lenders, the people who are putting together the Rothschild financing will have to see the resolution, view it and find it acceptable or whatever. Once these things have happened we will be able to start construction. The only other thing that has to be done is the ease- ments from utility companies. The utility companies have agreed on everything; it is just a matter of architects working with the utility companies where the new services will be. Once the utility companies know where their services will be, we can get into the release of their easements. RAYMOND DIPASQUALE, CITY ARCHITECT: The City Arthicted reported that at a meeting in New York City the developer said in order to be able to maintain the price we will have to change the structural system. The pre-cast contractor was going to supply double 't" members to support the floor has raised his price about $78,000. It has been, in the last few weeks a process of trying to jockey around different options to be able to keep the price of the total project the same as it has always been. At this meeting the alternate structural system was proposed to be a post-tension system the same as the system that we have used on the Seneca Street parking. Mr. DiPasquale said he was in favor of it over the pre-cast system so as far as he was concerned as a structural concept and as a building system it was a much better deal. With this idea as it was advanced by the developer was that if we go to a two-way post-tension system maybe we can eliminate water proofing because if we keep the price the same we can include the water proofing. The question under investigation was could we rely on a two-way system which is stressed its both directions that would minimize the amount of cracking that one would have, and could we rely on that to give us 100` water proofing with occupied Spaces below. The contractor for Caldwell gave us some documentation to show some instances where this was used with habitable space below and what the reaction was. The developer contacted these different installations and found that there were some that had problems with this type of construction. The City Architect's feeling is that the concept, if you look at it strictly as a concept, should work without any trouble; however concepts are great but don't always work in reality. The upshot was that we better not take a chance, and Rothschild agreed that we better not take a chance; and that it would be better to put some kind of a water proofing system on top of this two-way pre-stressed concrete system. Originally the water proofing system was something that took place on top of these double "t's" and on top of that went the concrete. This new system requires that a surface supplied water proofing be employed which was more expensive than what was originally contemplated in the original design. Mr. DiPasquale said this is how the net effect was to add $50,000. If we then put the water proofing in, what can we get rid of that will not jeopardize the project and still keep the price the same. I,'!r. DiPasquale said this is how the snow melting system came into being. Since we are now using a more expensive water proofing system we have to give up something d the likely prospect was the snow melting system for two reasons: 1) It is r., not always 100% reliable and 2) It is doubtful whether we would have been able to get the energy to use this system. The Public Service Commission has given a temporary directive that new heating coil systems for surface control of ice would be looked on with disfavor in the Public Service Commission's eyes and would not be allowed energy. The City could have literally spent the money and not been able to use it. In talking to the mechanical engineers about their experience with the snow melting system, it is an electric heating system, it is very difficult to fix if it ever breaks, we would have to rip up the concrete floor. Unless it is very well controlled you can't always guarantee that it is going to do the job. If we have a very bad ice storm people won't be out driving and won't be looking for a place to park. If we ever have an ice storm it would take time for the ice to actually melt; people would not be able to use the 'facility. City Architect felt that this is something that we could give up without jeopardizing the project provided that we had some other kind of control for ice and snow which obviously you have to have anyway. The City Architect said that in their own judgement they would just let the snow melting system go because they did not want to raise the price. ., 21 "- -3- January 30, 1974 Of all the things that could go in the project this is the one thing that .could go and still have a viable project. The City Architect said that he talked with the architects about the possibility of some other type of protection for the ramp, the helix, and the bridge. He said they looked at the idea of a covering. A covering unless it has some sides on it won't really protect too much because snow and ice will get in from the sides unless you drop the top down so it is quite substantial and you won't really get 100; protection, secondly, the bridge doesn't have any other structural system to support a canopy, so to put the canopy on we would probably spend another fifty or sixty thousand dollars to do it. The aesthetics of putting a canopy on the bridge and the helix are somewhat questionable. The architect wasn't too enthusiastic about the idea of putting that on there, but they discussed the idea and tryed to come up with some figures in terms of dollars. He said it certainly would be more than the amount of money that we are saving by leaving the heating coils out. It would add money to the project. He felt that we should not go to that kind of a system. He said that on the existing parking garage it is completely covered on several levels and during the heavy snow that we had there was snow in the middle of the isle. He questioned whether a cover would be the answer unless you go to snow melting and hope for the best. He said he didn't think we are going to get any kind of protection. the will just have to depend upon surface treatment such as sand, and snow plowing and brushing to protect build up and ice protection. The water proofing system that we have got LV now is proposed to be a very thin epoxy type of surface. The City Architect O said he has investigated some other systems which are asphaltic more in nature and can save the City about *30,000 over the cost that was put in by the developers. rp Once we get going there is a potential there to save about ` 30,000 which we could either get a credit for or use it to spend on something else we want. The system that was proposed by the developer for water proofing is not a sure thing. The City Architect said he wanted to let the people know that he has come up with another system that will do the job Well and save about *30,000; what we save, we don't have to spend because we are dealing with an upset figure anyway. The City Architect said he wanted to make a recommendation that we eliminate the snow melting coils in. the structure, and that we approve the post-tensioning system which he feels is a much better system and to go with the water proofing on the first floor. Mr. DiPasquale said this will be subject to approval by us to save the City as much money as possible. After discussion on the Council floor the following resoltuion was present: By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that the Common Council accept the construction changes in the Green Street Parkin{ Structure which provide for a post-tension system with a protective sealer for the lower level and the deletion of the electric snow-melting system. AND BE IT FURTHER RESOLVED, that this decision be relayed to the developer of the Caldwell Project by the City Architect, Raymond DiPasquale. Carried BRIDGE ACROSS GREEN STREET: The Mayor reported that in developing the bridge across Green Street the City of Ithaca had to acquire air-rights from the State Department of Transporation. The City had to also get easement to construct underneath the right-of-way similar as we did to the other parking structure. Mayor Conley said down underneath the ground the foundation stuck out into the right-of-way, the City had to get that permission; the City also had to get a curb cut for Rothschild loading facilities on the arterial, and also had to buy a sliver of land from the State Department of Transporation. All of this work has been done; however, the State Department of Transporation has appraised their air-rights and they also have appraised their easement. The Department of Transporation has come up with a figure of approximately $10,065 for the work of all of these easements. The Department of Transporation has made a deal with the City, in their first letter the Mayor received from them made some mention of the fact that for those air-rights they would like a sum of $5,000, for those air rights, or the City could pay it in a period of approximately $500 a year, or else we could make payments every 10 years or every 25 years. All these easements are written up and are coming to the City. Mayor Conley said in further conversations with the Department of Transportation it appears that they backed off that $500 a year because our initial intention was to pay the first $500. Now, it looks like the Department of Transportation might be asking for the out and out $5,000. If it is something that we want to argue out with them now, the Mayor said it was his personal recommendation that we authorize the City to pay the five thousand dollars and of course we would try to pay the `;">500 and have a conversation with them. 214 -4-- January 30, 1974 In the event that it is necessary when that wording comes in rather than coming to the Council and asking for $500 at this point and coming back in at the next meeting and ask for the rest of it, the Mayor asked for authorization to spend the $5,000, with the assurance of himself, Alderman Jones and the Attorney that they will indeed have that conversation and they will do everything they can. After discussion on the Council floor the following resolution was presented: By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, that $5,000 be transferred from A1990, Contingent Account to H890-23, Ramp Garage Account. Carried RESOLUTION - PARKIJG: By Alderman Slattery: seconded by Alderman Jones BE IT RESOLVED: 1. That no vehicular on-street parking on the south side of East Green Street between Cayuga Street and State Street and on the north side of East Green Street between Tioga Street and State Street, be permitted, and 2. That Section 15-180 and Section 15-183 of the Ithaca City Code be amended to reflect this change. 3. That this resolution shall take effect on April 1, 1974, or at such earlier time that the Traffic Engineer shall determine it to be necessary. Carried On a motion the meeting was adjourned at 6:09 p.m. :,Joseph A. Rundle, City Clerk Edward J. on ey, rI or r COM ION COUNCIL PRO , ,DIITGS CITY OF ITHACA, WEW YORK Regular meeting 7:30 p.m. February 6, 1974 PRESENT: Mayor - Conley Aldermen (11) - Barber, Boothroyd, Boronkay, Brock, Jones, Meyer, Nichols, Saccucci Schmidt, Slattery, Spano ABSENT: Alderman (1) - Gutenberger OTHERS PRES EidT: Attorney for the City - Shapiro Fire Chief - Weaver City Controller - Daley Police Chief - Herson Planning Director - Van Cort Urban Renewal Administrator - Brown Supt. of Public Works - Dingman Ass t. to Supt. of Public Works - Dougherty Building Commissioner - Jones II'!y All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked for approval of the minutes of the December 27, 1973, C January 1, 2 and 17, 1974 meetings. ,r. By Alderman Schmidt: seconded by Alderman Barber =J RESOLVED, that the minutes of the December 27, 1973, January 1, 2 and 17, 1974 meetings be approved as recorded by the Clerk. Carried ADDITIONS TO THE AGENDA: Alderman Schmidt asked that the approval of the bill of Egner Architect be added to the Budget & Administration Agenda. No objections were made. :.Iayor Conley asked that the drafting of an encroachment lease be added to the Agenda under Communications from the Mayor. No objections were made. PERSONS APPEARING BEFORE COUNCIL STEVEN KARR - 817 East State Street - Ithaca Tenants Union - made the following comments: The Ithaca Tenants Union is disappointed that we must approach council at this late date to discuss the new Zoning Ordinance. We had hoped that since significant progress has been made in the Housing and Building Codes, that the City would recognize the detrimental impact that this proposed Zoning Ordinance has on housing in the City of Ithaca. The definition of a family as it presently reads is unconstitutional, discriminatory and exclusionary. As you are probably well aware, a State court ruled in a Long Island case that restricting the definition of a family was unconstitutional. In a national welfare legislation case the definition was struck when they tried to base the family on a number of unrelated persons, by federal court. Beyond this, this zoning question does not deal directly nor effectively with the present housing crisis in Ithaca. We all agree that there is inadequate housing in Ithaca. Cornell has continually failed to provide a sufficient supply of student housing. Also, there has been a repeated failure of the City to enforce its various cosies. And there has been a failure on the part of the City to control housing subdivision and land speculation. These factors have caused the exodus of students from college- town to the areas which have been upzoned on the new map specifically Delaware, Bryant and parts of Mitchell Street. This movement of students is the target of homeowners' concern about decreasing property values. We feel this has no effect on property values at all. Mayor Ed Conley, has said that one of the reasons for the ordinance was to prevent the devaluation of property due to tenant carelessness. (Cornell Daily Sun, 2/5/74, p.6) In other words, Conley is saying that tenants who are living together 216 -2- February 6, 1974 are more careless if they are unrelated. Mayor Conley overlooks the important fact that much of building deterioration in student areas is due to the failure of the landlords to do proper maintenance work. If a building with a family of 8 in it is taken over by a profiteering landlord who puts 20 students in it, it is the landlords fault if the building deteriorates. There are several impacts of this ordinance which have not been sufficiently considered. It is conceivable that 200 students could be displaced from apartments presently rented. 1. What will be the impact on municipal services? 2. What will be the impact on the total community environment? 3. What will be the impact on presently overcrowded collegetown? 4. What will be the impact on the rent structure? 5. What will be the impact on local merchants and low income people? (Let me point out that there are already vacant stores in collegetown) The time to considere these questions is now before passage and not when its bad effects are clearly evident. Why do we expect these detrimental effects? The upzoning of Bryant, Delaware and I-Titchell sets a distressing precendent of a community attempting to exclude students. This prohibition would force students and others into residential zones with higher densities. As the demand for housing went up in these denser zones, landlords would be able to charge higher rents, as well as renting buildings that are in poor condition. The additional influx of students into these zones caused by the adoption of this ordinance would force families out of their old homes, because landlords could get more rent by subdividing the buildings into student apartments. We suggest several alternatives. As we have stated in the past, Cornell must provide adequate housing for its students. The controversy over this ordinance again makes it clear that Cornell has failed in its responsibilities. The City, upon.completion of arrangements for dountown redevelopment, should direct its attention to meeting. its committment to east hill redevelopment. The City must move as rapidly as possible to control ur;consionable destruction of neighborhoods through unregulated building subdivision. It is not a question of related or unrelated residents but rather a question of adequate space per person. There has to be a forced maintenance of buildings and rapid passage and subsequent enforcement of the Housing Code. Finally, there must be a control on land speculation. It is unfortunate that some major landlords in Ithaca have misplaced their priorities. They have forgotten to put people before property. Let me end with this quote: "The law should consider the impact of the proposed land use not only on the neighbors but upon a broader spectrum of interests.'' We present over 400 signatures in opposition to the ordinance as it is presently written. We recommend that you delete the definition of family from this ordinance, before it passes this Council. ATTORNEY STANLEY TSAPIS spoke for Wallace Steel. Mr. Tsapis said one of the provision of the ordinance is that the production of processing in materials of substances be contained within completely closed buildings. Attorney Tsapis said they have talked with Alderman Meyer about this and Building Comm. Jones. Mr. Tsapis said if it does apply to Wallace Steel it would create an undue hardship in that to enclose a proposed expansion of that business would be a very substantial expense for in excess for what they are able to invest in this type of business here. Mr. Tsapis said if you know the area of Wallace Steel Co. and would envision their having to enclose their crane and their yard you could see that the hardship would be extensive. Mr. Tsapis said he had discussed this with Mrs. Meyer and others and they have indicated that in the event this does apply to Wallace Steel, and if this ordinance were enacted tonight, that a prompt consideration for an amendment of that section would be forthcoming. 2 t 7 -3- February 6, 1974 JASON FANE - DeWitt Park Apartments. Mr. Fane said he followed the progress of the Zoning Ordinance for several months'. . .Mr. Fane encouraged Council to pass the new ordinance. He said not because it is a perfect ordinance. He said he had alot of reservations about parts of it. Mr. Fane said the Council has met with everybody in the community who could possibly have a desire to put into it while it was in a draft stage. Some of the key issues facing the City of Ithaca, the people in the R-1 area, Mr. Fane felt, are getting substantially the protection they would like to have, perhaps somebody should say they could get a larger lot size, but Mr. Fane felt they are getting a step in the direction they want to go. There are cases where the boundary lines between the different kinds of zones have been cleaned up and Mr. Fane felt this is a step in the direction; the definitions have been clarified so the people that have to work with the ordinance don't have to go to court to find out whether or not they are breaking the law. Mr. Fane felt that most importantly as a whole it meets the needs of the City of Ithaca much better than the present ordinance that we have. ANNE CLAVEL - 109 Cornell Street spoke about occupancy permits. Ms. Clavel said in the old ordinance it says occupancy permits are required for any non-conforming use and asked if it had been removed. 1`11r. Van Cort said it is still as it was in the ordinance which is in effect now. ATTOMIEY DAVID 6'j3RSH spoke on behalf of Ithaca Scrap Processers. Mr. Gersh said Mrs. Ida Weber, the proprietor of Ithaca Scrap Processers is very ,justifiably concerned that the effect of present proposed ordinance appears to be to put her -= out of business and impose an inequitable hardship. Mr. Gersh said that this business -�^ has been at the same location for 75 years and the Weber family has been the proprietors of that company for the last 25 years. The present ordinance seems to change the industrial designation to a business designation. Attorney Gersh said he has had some discussions with Building Comm. Jones and Alderwoman Meyer and it was his understanding that the operation of the Ithaca Straw Processers would not be compelled to discontinue becuuse of the grandfather clause of the zoning ordinance. Attorney Gersh said if that understanding is not accurate, he wished to point out some of the problems which will occur. The ordinance provides specifically with respect to ,junk yards, and that term junk yards is very generally defined in the ordinance as including storage and collecting of rags and paper which is primarily what Ithaca Scrap Processers do: It also says that they must be discontinued within 6 years. In that regard I submit that requiring a business of the magnitude of a scrap processer including as it does use huge scales and balers and concrete pits 16 feet deep; to discontinue within 6 years is not only inequitable but it is illegal. You may recall during Council's liberations concerning discontinuance of non-conforming signs after the introduction of the sign ordinance. It was determined that the law requires that a sign owner be permitted a reasonable period of time to amortize his investment and in the case of signs the period selected was something along the line of some 7, 8, 9 years, but here you are proposing to take a scrap processer substantially. more investment to be sure that a sign owner and requiring that it be discontinued within 6 years which Mr. Gersh felt was an improper and illegal activity. Also the configuration of the zoning map shows that there is industrial just across the road, so that on the one end you have business but on the other side of the road industrial, that is not a very good design from a zoning point of view to have different uses on different sides of the road. But even putting that aside we have a situation where, for Mrs. Weber to move her operation across the road as it were would require investment of some $100,000.00. Mr. Gersh said that it is certainly true that at the present time scrap processing is a very busy and very important business and they are doing well because through the efforts of Alderman Meyer and others, there is currently people who appreciate the importance of recycling but that importance may not be a permanent duration and to require investment of $100,000.00 in a limited market such as Ithaca is ,just not economical. In lieu of that what Ithaca Scrap Processers proposes is to have the present Ithaca Scrap Processers discontinue there operation as we now know it and limit its operation solely to paper; that immediately eliminates much of the present characteristics of the operation as we know it limit their operation to paper only. Furthermore, the frontage along Meadow Street would be sold off and developed in a B-4 use, so that Ithaca Scrap Processers would have no frontage along Route 13, would be not visible from view. At the same time Mfrs. Weber would be able to take the money that she would have had to put perhaps half of the money into land and buildings across the road and put it all into improvements on her present site and her proposal is to completely demolish the structures on her land now, build new concrete and steel buildings, enclose everything so that nothing is visible from the road and limit her operation to paper in the future. 21 eq -4- February 6, 1974 Mr. Gersh said his purpose is to just point out that we understand and proceeding on the understanding that Mrs. Weber and Ithaca Scrap Processers will not be put out of business nor will it be forced to terminate its operation in the period of 6 years. Mr. Gersh said he brings these other things to the Council's attention because it isn't their intent certainly to hinder the adoption of the ordinance but simply to trust that Alderman Meyer and her committee will consider the points that we have raised as possible amendments to the ordinance. THERON J010SON - 138 Linn Street representing the Tompkins County Landlords Association. T,,Ir. Johnson said the Ithaca Landlords Association ran a survey in the fall, in October after Cornell had its shake down of housing and there was still out of lease approximately 2,000 apartments. There was vacancy of about 100, so that this idea that there is a shortage of housing in Ithaca does not exist. Mr. Johnson said they realized that Cornell has presented this picture this fall because of the fact that it seemed to be a fad between students this fall to want to live on campus. These fads go through the student body and it seems that right now the fad now is to move back to campus; a while ago they wanted to get off of it. Cornell shortage was only for that particular type of student who wanted to live on campus and there was not a shortage county wide. Mr. Johnson said he felt that in view of the large number of apartments that are presently being built this condition will continue in this same trend. Dkq HOFFP140 - 415 Elm Street made the following comments: After the last public hearing, I sent a suggestion to Alderwosnan Meyer and to the Planning Department for an addition to the proposed zoning ordinance. I was hoping that it would be possible to insert the change early enough to avoid the need for a third public hearing. But it looks like they didn't see fit to include it, so I'll explain it to other Council members and would like to hear their reaction. A4y suggestion is to include a section called "Demolition Permits" which would require that before any building can be torn down, there must be sufficient notice, then a public hearing conducted by the Planning Board. If there were public or neighborhood opposition to the demolition, the Planning Board could grant a delay to work out alternatives, and could supply guidance to the Zoning Board for a final decision. If this procedure would be too cumbersome for all demolition, maybe there could be a requirement that a certain number of residents must petition for the hearing. I think this addition fits well with the Council's expressed intent to protect the residential character of neighborhoods from commercial inroads and from increased density. The best recent example of what happens when residents have no say about demolition is the controversy over the parking lot that RHP built on South Hill. A 120 year old house was torn down before anyone knew what was happening, and it was replaced with a so-called "neighborhood parking lott1 that no one in the neighborhood wanted. In the end, we wound up with one less home and with a wasted parking lot that even the owner couldn't use. During this process, Mr. Van Cort suggested that a review of demolition permits might be instituted. Having demolition permits open to public input, rather than left to the discretion of one city official also is in the interest of historic preservation. A similar procedure enables the City Landmarks Preservation Commission to protect threatened landmarks, but unfortunately only a handful of structures enjoy a landmark designation. The flavor of an entire street can be altered by tearing down one private home. I think anyone would have to admit that most of the new buildings that have replaced older homes are much less attractive, and don't fit in well with the overall character of the city. I think the appearance of our city, and the preservation of neighborhoods is too important a matter to be left soley in the hands of individual owners, and I think this addition to the zoning ordinance would give a small measure of control to the residents who must live with the results of demolition. VIJCENT Hk,'JUPT - 508 Campbell Avenue. Mr. Hannan said he appeared at the last meeting and achieved results, but it would appear from the remarks that occurred tonight for instance the request to include two family housing in R-1 district, again points up that suggestion that we made last time which was completely ignored and that is that the area on West Hill which has been developed in the last 10 or 15 years in complete conformity with existing zoning ordinance created a zone which is the only real zone in Ithaca that conforms to R-1 zoning and again we would ask that if R-1 is altered in any way and especially in the line of making more density available in an R-1 zone that a unique or special area that does conform with R-1 zoning be designated something else and then change R-1 to whatever has to be done to fit the existing conditions in other parts of the City. 219 -5- February 6, 1974 By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the public hearing be closed. Carried R.ESOLUTIOtd - ORDINANCE: By Alderman Meyer: seconded by Alderman Slattery BE IT ORDAINED &ND ENACTED by the Common Council of the City of Ithaca, I:Tew York as follows: SECTION I. EIJACT.MYNT OF ZONI'IG REGULATIONS AS CHAPTlIR 30 OF THE CITY OF ITHACA I4MICIPAL CODE. That a new Chapter to be known and designated as Chapter 30 entitled "Zoning" of the City of Ithaca Aunicipal Code shall be added to and be a part of the general ordinances of the City of Ithaca to read as follows: (Copy attached to minutes. ) , SECTION 2. REPEAL OF PRIOR INCONSISMIUIT ORDINAPTCES. That the Zoning Ordinance of the City of Ithaca, New York enacted June 7, 1961 and �? effective June 15, 1961 and all amendments thereto and all prior inconsistent ordinances heretofore enacted by the Co=lon Council are hereby repealed. SECTION 3. UNCOIISTITUTIO4ALITY OR ILLEGALITY. Cil If any clause, sentence, paragraph, word, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair of invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,word, section or part thereof directly involved in the controversey in which such judgment shall have been rendered. SECTION 4. EFFECTIVE DATE. Subsequent to approval by the Common Council and the ?Mayor; This ordinance shall take effect 10 days after publication and posting as required by the I-thaca City Charter. Alderman Barber asked if a solid fence had to be erected within six months after the adoption, of this ordinance by junk yards or auto salvage yards. Building Commissioner Jones said a fence had to be built according to the new ordinance. Alderman Barber said they have been interested in getting rid of solid waste paper and other materials. He said that on page 30.31 we are going to put Ithaca Scrap Metal completely out of business by saying that they have to move out of a B-4 zone; they have been there for 75 years. Alderman Barber disapproved of this entirely. Mayor Conley asked Building Commissioner Bones if this was eligible for a variance. ComL- Jones said that according to the previous attorneys anything here is subject to appeal. A roll call vote was taken as follows: 11 Ayes - Barber, Boothroyd, Boronkay, Brock, Jones, Heyer, 1,Tichols, Saccucci, Schmidt, Slattery, Spano 0 Aays 1 Absent - Gutenberger Carried At 8:18 ;Mayor Conley declard a five minute recess. REVENUE, SHARIAG PERSM-TS APPEARING BEFORE COUNCIL: DELRIDGE HUiITER - President of Southside Community Center. IIr. bunter said that the radio and newspaper announced about a week ago that recommendations were being made that Southside Center should receive about "79,000 from the Revenue Sharing allocation to the City of Ithaca. Close examination reveals that the Southside Center 22® y -6- February 6, 197+ is not really getting anything. Maybe in fact the Southside community will be getting something in terms of playground facilities and goods. Mr. Hunter said the point he would like to make is that they are happy that number 1 that the Southside community is able to receive some of the goods and services which it should be receiving from the City of Ithaca through the Revenue Sharing funds, but at the same time the people at the Southside Center are concerned that because of the way the Revenue Sharing funds legislation is interpreted that we aren't able to also increase effectiveness of our own facilities in order to take advantage of the facilities that you are talking about creating. Mr. Hunter felt that one of the sad things that will occur if Common Council does decide to vote in favor of allowing the playground facilities and the other facilities that have been proposed to be created without some way of determining how the facilities themselves in the Southside Center can be changed. Mr. Hunter felt then we would not be serving the good of the community. They felt that the facilities at the Southside Center itself at this point are in such bad shape that to have a brand new playground next to a delapidated building which is violating many of the City codes, is not really doing the Southside community any service. Mr. Hunter said that in all actuality the Southside Center even though by law it is a private non-profit organization is public. No one can be denied the right to come in and use the facilities of the Southside Center. In that right Mr. Hunter said they are a public facility. 14r. Hunter hoped that with the legal minds the Common Council has at its disposal and i*ith people here in the community that we can come up with some definition of the Southside Community Center that will allow us to begin to reinterpret how the center now looks in terms of its definition so that more funds can be allocated so that we can redesign and redevelop the building that we have proposed. Mr. Hunter said they felt there is a need for the community to have.the facilities that have been proposed. To have those facilities without the adequate facilities for the students are the people who are going to use those outside facilities. Mr. Hunter felt that it will be a disservice. He said there is a need for ,just common things like toilet facilities to be improved. He said to have the children playing on the outside when they will have to in fact come inside to use the toilet facilities at the Southside Center, which are inadequate we would not be doing them any service at all. Mr. Hunter said that they would beg that the Council find some way of helping them to improve the conditions of the Southside Community Center, so the playground that has been proposed will be a reality and so we in fact may be able to serve the needs of the community. VIVIAN SESSOMS - 124 Eastern Heights Drive. Ms. Sessoms was with the Southside Center to protest the allocation of the Revenue Sharing funds. Ms. Sessoms said she doesn't know all the particulars and she doesn't know who else was awarded grants, but she was going to try to find out. Ms. Sessoms said she was also going to find out if all was done properly and everybody was given fair consideration. Ms. Sessoms felt the Southside Center was not given fair consideration. She said that if the people can continue to turn their back on the Southside Community and the black people in Ithaca that was their problem. She said she was not going to stand by and let the people do it. REV. FOSTER - Rev. Foster said that the Council was elected to do the job for the people here in Ithaca. He said when the people see the conditions of Ithaca one side is looking good and the other side is not looking good and it is not looking good in the eyes of any intelligent people. Rev. Foster said he thought the Federal Government sent money to Ithaca to be used for everything in the City, and felt that the Southside was not getting a good share. Rev. Foster said he felt the Council was playing politics with the Revenue Sharing money. LETTER FROM THE SPECIAL CHILDREN'S CENTER, INC: City Clerk Rundle read the following letter: Alderman Richard Boronkay Ithaca City Hall Dear Mr. Boronkay: This is a formal request to withdraw The Special Children's Center's application for 1973 City of Ithaca Revenue Sharing funds. In the last six weeks of 1973, The Special Children's Center received fee income in several categories in greater amounts than anticipated, as late as mid-November, 1973. At the same time, expenditures for salaries and payroll taxes fell shorter than estimated. The combination of these factors no longer make receipt of revenue sharing funds critical to the Special Children's Center's survival within the foreseeable future. Sincerely, Frances G. Berko Executive Director 221 -7- February <, 1974 RESOLUTION - REVENUE SHARING: By Alderman Schmidt: seconded by Alderman Boothroyd THEREFORE, The Budget and Administration Committee has received and reviewed the recommendations of the Federal Revenue Sharing sub-committee. THEREFORE,13E IT RESOLVED, That the projects recommended and included on the attached sheet be approved and included in the 1974 Final Budget report. Carried NELL MONDY - 130 College Avenue - Ms. Mondy appeared before Council and made the following speech: I want to thank you for this opportunity to speak with you tonight concerning a very pressing problem in the City of Ithaca. Certainly there is no one here tonight who wishes to see the city deteriorate. Yet deterioration is certain if we do not rid ourselves of an ever increasing menace to our city, namely our loose dog population. The ordinance concerning dogs seems to be clearly written, so my purpose in being here tonight is to request that it be enforced. In recent years,particularly this past year, the dog problem has grown worse. As a citizen of Ithaca for almost 30 years, and as a property owner for much of that time, I am here to discuss some of the problems as I view them: �? 1. The dog population in certain areas of the city, particularly the areas with a C high student population, has increased greatly in recent years. M 2. Control of dogs by their owners has shown a sharp decline. 3. Destruction of property by dogs has increased greatly. 4. Law enforcement concerning dogs is greatly needed. During this past week, as I have traveled from my home on College Ave. to my work, I have counted no fewer than 4 and as many as 10 loose dogs each time. I have been informed that the SPCA operates a truck only certain hours of the day, and not on the weekends, that is, unless a dog is injured. If a dog is injured the SPCA will send a truck and care for the dog, but if a person is injured by a dog, this rule does not apply. Flowers and shrubs improve the appearance of property and enhance the quality of living, but flowers and shrubs cannot exist in the presence of loose dogs. In these days of shortages we should give serious consideration to a shortage of plants that help to purify our atmosphere, furnish us with food, and beautify our landscape. In addition to property damage the dogs are polluting the environment with urine and feces, scattering litter over the landscape, and promoting noise pollution through their barking. Loose dogs are endangering lives. During the past year our local paper has carried numerous reports of local citizens being bitten by dogs. The number seems to be on the increase. Fines received from those breaking the law should cover adequately the costs involved in the enforcement of the law. The law should be enforced at all times, and not just on certain days. I thank you for your time and I trust your good judgment in providing ways of getting these loose dogs off the street and out of our yards. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that this matter be referred to the human Services Committee. Carried LETTERS FROM THE EXECUTIVE EMPLOYEE GROUP: City Clerk Rundle read the following two letters: Common Council City of Ithaca Ithaca,New York Common Council, by resolution of March 28, 1973, adopted the Compensation Plan recommended in the "Executive Salary Study." The plan adopted included provisions for adjusting each employees salary, annually, for any change in the cost of living and for an annual review of each employee for possible consideration for a merit increment. I reminded the Budget and Administration Committee of these provisions by letter of December 11, 1973 (copy attached). I have received no indication as of this date, that the City intends to honor this agreement. 222 -8- February 6, 197+ The majority of the employees involved have agreed to waive the provision requiring a merit increment review, at this time, because of the city wide salary study being done by the Kingsley Associates. The present contracts between the City of Ithaca and the Laborers, Police and Firemen became effective January 1, 197+ as far as the second year provisions are concerned. I therefore request that the City honor their agreements with us and increase our salaries, retroactive to January 1, 1974, by the 1973 increase in the cost of living approximately 8%. Your immediate attention to this request will be appreciated. Respectfully, John A. Dougherty Common Council City of Ithaca Gentlemen: Approximately a year ago this city received a report from Value Management Consultants of a ,job evaluation plan and salary structure for the employees in the 1PExecutive Payroll". The consultant's recommendation was "that the city establish a policy of considering each employee annually for an increment up to the range maximum at the time annual budgets are submitted". We believe it is essential to the orderly management of the city's affairs that this group of employees have a salary range appropriate to their duties and responsibilities, and that there be a reasonable opportunity to advance from entry pay to the top of their scale. Debate and delay over conditions of employment each year are damaging to the morale of the group. We urge an early resolution of this problem by adjusting salaries to reflect the Consumer Price Index, and by following recommendations of Value Management Consultants. Sincerely, A Charles M. Weaver, Fire Chief Robert 0. Dingman, Superintendnet of Public Works Richard M. Daley, City Controller James M. Herson, Police Chief By Alderman Slattery: seconded by Alderman Barber RESOLVED, that these letters be referred to the Budget & Administration Committee. Carried LETTER FROM WILCOX PRESS: City Clerk Rundle read the following letter: Mr. Joseph A. Rundle, City Clerk City Hall Dear Joe, The enclosed copies of old letters, I hope, are self-explanatory. Would you be good enough to present this request to city council? I am asking that the City get authority from the New York State Legislature to sell the subject six foot wide strip. Wilcox Press wants to build another addition and would need that strip. We have grown more than five-fold since 1950 and expect to do at least as well in the next twenty years. In 1973 alone, employment jumped from seventy-five to over one hundred employees. Any immediate consideration of this request will be most appreciated, as we would like to start construction in the summer or fall of 1974. Very truly yours, William R. Wilcox, Jr. President & General Manager By Alderman Jones: seconded by Alderman Nichols RESOLVED, that this matter be referred to the Board of Public Works, the Planning Staff and the Planning & Development Committee. Carried 223 -9- February 6, 1974 LETTER FROM ILENE B. STERNS: City Clerk Rundle read the following letter: Honorable Robert D. Timms, Chairman Civil Aeronautics Board 1825 Connecticut Avenue, N.W. Washington, D.C. Dear Pdr. Timm: Allegheny Airlines has advised that after January 7 it will eliminate all air passenger service between Washington, D. C. and Ithaca, N. Y. I strongly protest this decision and urge the Board to require the continuation of at least one daily round trip flight between Mondays and Fridays. As you may know, Ithaca is a city with a major university (Cornell) and a prominent liberal arts college (Ithaca College). There is a considerable group of both students and educators from the National Capitol Region and environs who travel regularly by air between Washington and Ithaca and whose professions demand prompt and reliable transportation between the two places. The alternatives of going by air through New York, Pittsburgh, or other out of the way locations are unreasonable burdens on this segment of the traveling public, p both time- and cost-wise. There are no trains at.. all to Ithaca. Moreover, bus connections would make the trip an all day affair. Certainly, at the least the public traveling between Washington and Ithaca is entitled to some minimum air service. I urge you to hold prompt hearings and in the interim order Allegheny to maintain at least five round trips weekly. Sincerely yours, Ilene B. Sterns Copy to: Mr. Ed Kolodny, Executive Vice President, Allegheny Airlines Mayor Conley, Ithaca, N.Y. Ithaca Chamber of Commerce NOTE: Dear Mayor Conley Please ask the City Council to send a resolution to the CAB to save the Washington/Ithaca flights. 'If we work together we can whip them! Mayor Conley reported that it has been reinstated. LETTER FROM ROBERT 0. DINGMAN: City Clerk Rundle read the following letter: Common Council % Joseph Rundle Re: Parking regulation at Immaculate Conception School on Plain Street Gentlemen: On January 23, the Board of Public Works reviewed the existing parking regulation in front of the Immaculate Conception School at 317 North Plain Street and directed that the restriction be in effect from 7:30 a.m. to 4:00 p.m. , instead of 8:00 a.m. to 4:00 p.m. I neglected to advise the Board at that time that this regulation was a part of the Code of Ordinances, and as such, would require action by the Common Council before it became effective. The Board, in making this change, was reacting to a request from the school that the curb space be made available for school buses which normally arrive before 8:00 a.m. Because there is some urgency for the implementation of this regulation, I take the liberty of requesting the Council to act on this matter tonight. Sincerely, Robert 0. Dingman Superintendnet of Public Works 22 -10- February 6, 1974 By Alderman Slattery: seconded by Alderman Boronkay WHEREAS, the Board of Public Works has heretofore considered the premises and resolved that the parking restrictions in front of the Immaculate Conception Church at 317 North Plain Street be changed from 9:00 a.m. - 4:00 p.m. to 7:30 a.m. - 4:00 p.m. by resolution dated January 23, 1974• NOW THEREFORE BE IT RESOLVED, that the parking restrictions in front of the Immaculate Conception Church at 317 North Plain Street be changed from 8:00 a.m. - 4:00 p.m. to l:30 a.m. -. 4:00 p.m. and that Section 15-182 of the Ithaca City Code be amended accordingly as follows: (NO PARKING 8:00 a.m. to 4:00 p.m. SUNDAYS AND HOLIDAYS EXCEPTED) Delete: North Plain Street, east side, Buffalo Street to Court Street. Insert: North Plain Street, east side, Buffalo Street to Court Street, except a distance of 125 feet in front of the Immaculate Conception School. Insert: NO PARKING 7:30 a.m. to 4:00 p.m. SUPIDAYS AND HOLIDAYS EXCEPTED: North Plain Street, east side, a distance of 125 feet, in front of the Immaculate Conception School. Carried COMMUNICATIONS FROM THE MAYOR, Mayor Conley asked the Council to authorize the Attorney for the City to draft and authorize the Mayor to sign the appropriate longterm lease agreement for the encroachments underneath the siibterranean encroachments on the City right-of-way By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, that the Attorney for the City be authorized to draft and the Mayor authorized to sign the appropriate long-term lease agreement for the encroachments underneath the subterranean encroachments on the City right-of-way. Carried ROTHSCHILD-CALDWELL PROJECT: The Mayor reported that there were four things left to be done. 1) an agreement between Rothschild lenders and Caldwell lenders. The agreement has been reached but they do not have the signed agreement back so that it can be executed. (2) Building permit; before the Building Commissioner can issue the permit Caldwell has to meet with the Department of Labor. (3) The Department of Transportation agreements; they have been received, it is just a matter of going over the wording. (4) The utilities. The Attorney for the City is working to order out the abandonment of existing easements and the relocation of easements. REPORT OF CITY CLERK (OLD SEVENTH WARD) : City Clerk Rundle reported that the Attorney for the City and himself called Albany and talked to the Election Board Lawyers for the State. Attorney Shapiro reported that he has received oral confirmation that the City is going to have an election in November from the old seventh ward. All the problems that it entails were made known to the election bureau and they said this is not an uncommon situation. Attorney Shapiro reported that he has written a letter to the election bureau requesting their opinion in writing. Mr. Shapiro has not yet received their written opinion. REPORT OF ATTORNEY FOR THE CITY BOARDMAN HOUSE: Attorney Shapiro reported that after a lengthy debate he requested two weeks to file a memorandum of law. Mr. Williamson from the County also wanted to file a memorandum of law and he wanted another two weeks after that after which time it will be finally submitted to the judge for his determination and he has 60 days to look at it. In addition he continued the restraining order against the County, restraining them from demolishing or causing to be demolished the Boardman House. ENFORCIT:G CODES IN THE CITY OF ITHACA: Attorney Shapiro reported that Bob Hines and himself have conferred as to various methods to streamline the present procedure so that these things can be brought more easily. Attorney Shapiro said he also talked with Judge Barrett and he ran into the idea of housing court which they have in New York City, and he brought back a primer on the housing court. The Attorney said he sent this out to Judge Clynes, Bob Hines and the Mayor and asked them to -11- February 6, 1974 review that and give him their opinion. The Attorney said Bob Hines and himself also conferred and ai'e looking into possibly extending the jurisdiction of the City Court to handle the civil matters with regard to housing and zoning. CONTROLLER'S REPORT: The City Controller presented a report, of revenues from the Seneca Street Parking Structure as follows: December 1973 $2975.84 January 1974 $2858.44 February 1 - 4, 1974 $ 404.49 CHARTER AND ORDINANCE COMMITTEE: By Alderman Slattery: seconded by Alderman Boronkay WHEREAS, the Board of Public Works has requested action by this Common Council to amend the Motor Vehicle and Traffic Code Section 15-180 (Parking prohibited at all times on certain streets) , be it resolved that the wording Dearborn Place, south side, Triphammer Road to Wyckoff Avenue, be removed from the section and the wording Dearborn Place, south side, Triphammer Road to Kelvin Place. Dearborn C11 Place, north side, Kelvin Place to Wyckoff Avenue and West Green Street, both sides, from Corn Street for a distance of 75 feet westerly be inserted in this all section. Carried By Alderman Slattery: seconded by Alderman Boronkay 14HE -BLAB, the Board of Public Works has requested action by this Common Council to amend the Motor Vehicle and Traffic Code Section 15-178 (one way streets and alleys) be it resolved that the wording Dearborn Place in its entirety, westbound traffic only. Prospect Street between Hudson Street and Aurora Vb�tab w �unI traffic only. Columbia Street, between Aurora Street and Hudso treet,,k n be inserted in this Section. Carried By Alderman Slattery: seconded by Alderman Jones WHEREAS, the Board of Public Works has requested action by this Common Council to amend the Motor Vehicle and Traffic Code Section 15-182 (Parking prohibited during certain hours on certain streets) be it resolved that the following wording shall be included in the two hour parking category in this section - East Seneca Street, north side, from a point 130 feet east of the east line of Parker Street, easterly a distance of 100 feet. 8 A.M. to 6 P.M. Carried By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that Section 6-83 of the Building Code be amended to include: and any such fee unpaid at the next lien date for city taxes shall thereupon become a lien against said property and collected as provided by law. (Ord. of 2-10-39; Ord. of 4-3-63, Part V, 99 7, 9; Ord. of 12-5-56; Ord.No. 20-1964, 10-21-64; Ord. No. 10-1965, 5-5-65) Carried By Alderman Slattery: seconded by Alderman Jones RESOLVED, that Sec. 6-61 (b) (4) be amended to include: Signs or_ the front or sides of a marquee, canopy, awning or sunscreen, as provided in Division 6, Encroachments, in this chapter. Such signs shall be counted as part of the total sign area allowable to the building or tenancy which it is intended to serve, and shall be subject to computation of sign area and payment of fees therefor as covered in this division. Carried Alderman Slattery reported on the Examining Board of Plumbers, Section 6-22. The committee is seeking the opinion of the Attorney Generals Office. Attorney Shapiro reported that he had received word from -the Attorney Generals Office regarding the Examining Board of Plumbers Seetion 6-22. Tie reported that we have to abide by the New York Sthte Laws in the matter which requires actual residence of the master plumbet. -12- February 6, 197+ HUMAN SERVICES C0124ITTEE By Alderman Nichols: seconded by Alderman Barber t jlil;I2GQ n, t t y gf aSa� �4,at„� d �'� more than fifteen r l � .. l�aa e Qr is n o y ic,} s p '�9 ai g�3 yrmvo; WHEREAS,:: same .of the abPndo�l4 vehicles have-been:st, red- at; the expense of-the,;; C.;I,y of th # mor ah� � i an�rFr�9 � RQ k&�Ahti q%e�?'�, p A' y iea--h. ip been.-ea=P,d P ggrj:�eftcWFt4s !� of.*enmt ki Al k, and 3. _ _ WHET y,Stha aFcrue to rn st ra e, arpr &mod ,abaaa n v� r, not in excess of two thousand dollars (12,000)2,0'00)_, .It�, „ ,;a NOW THEREFOR BE IT RESOLVED, that the City Clerk is-heieby empowered to� conduo a public auction of the vehicles which shall have been determined-to be abandoned vehicles and that the proceeds of such sale shall be used to reimburse the towing, and storage charges for the:abendoned vehicles: Carried By Alderman Nichols: seconded by Alderman Saccucci WHEREAS, Tompkins County- adopted' Local Law No.- 3-1973,-providing for the removal and disposal of abandoned vehicles, and WHEREAS, A DRAFT CONTRACT AND offer to the municipalities to dispose-of abandoned vehicles under procedures set up by the Sheriff's Department have been received by the City of Ithaca, NOW THEREFOR BE IT RESOLVED, that the City Attorney is hereby requested to approve the contract with any necessary changes that may be stipulated and to return it to this Co--rmon Council for action at the March meeting. Carried By Alderman Nichols, seconded by Alderman Brock The Youth Bureau has worked out an agreement with the Town of Ithaca for financial support of the City Recreation program. RESOLVED, That the City of Ithaca enter into a one-year agreement with the Town -:;:of Ithaca t• or-3 ecre tko ser ris sc�rer�d�e by the Doty--jYm zth-,Bu=a ui.idn.,4tm,;aln unt of $16,622. 50 and th°at:thee,-MtWoT:,,be,>tLuthotizesl toisig'i and ex6dute the,)agreement. AYL� -.(10)` _ _ - � °.� :; �,• i�,-,�•Y , . �s .�.e�r�.` =�..+x:, _ � �r3� rtl..ed ,. -=NAYS: ;4�.'�'.•""`.M @meter. . _- _ r(Ii-`�- `'fin L�f ���. ' _-.i-G`,'. �. < �,, •�„ . .�'�>`ii - _ ? .. - - _ -_ !T.r • -'"faF� =3; -_3 •a ...x err,.: PLANNING & DEVELOPMKIT COI`U4ITTEE By Alderman Jones: seconded by Alderman Boronkay BE IT RESOLVED, That Council authorize the 'mayor and the City Clerk to sign and execute extension agreement in six parts between the City of Ithaca and the Bureau of Outdoor Recreation the agreement thereby the original Cass Park Project Agreement would be extended through December 31, 1974. Carried By Alderman Jones: seconded by Alderman Barber RESOLVED, that this Council adopt a policy that for each city bus there shall be a sign requesting passengers to refrain from smoking in transit. Carried By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, that the Mayor and the City Clerk be authorized to file with H.U.D. for a preliminary application for flood protection insurance. This application indicating a local need for flood insurance and a desire to participate in the program. Carried By Alderman Meyer: seconded by Alderman Boothroyd WHEREAS, the Department of Public Works constructs and erects signs in the City of Ithaca., and WHEREAS; the Planning Department has "designed a sigh 'for"th`e'Ne*nnaii'06li`'Course 1IOW THEREFOR BE IT RESOLVED; that the 'design for the proposed sign is herebyy' referred to the Planning and Development for approval and Budget and Finance for allocation in- order that construction upon`approval' could be completed for`the opening of the golf season, and TUREFORE BE IT RESOLVhD, . thet upon approval the construction of this sign be referred to the Board of Public Works for implementation. Carried r' Fri -13- February 6 1974 BUDGET AND AD14INISTRATION COM11ITTEL By Alderman Schmidt: seconded by Alderman Spano The Civil Service Commission has requested the payment of 40 hours overtime to their secretary for Mork performed for Kingsley Associates. Section 8-31 of the Ithaca Code permits overtime pay with prior approval by the Common Council. RESOLVED, that 40 hours of overtime pay be approved and authorized for the Secretary to the Civil Service Commission at a rate of $3. 37 Per hour. Carried By Alderman Schmidt: seconded by Alderman Boothroyd The final costs for out-of-pocket expenses for the Seneca Street Ramp have been received by the Controller, ie. $2,500-00 for the audit 11861.26 for legal services, Geo. Pfann Total $4,361.26 �— RESOLVED, that an amount of $4,361.26 be approved and paid to New York State Urban Development Corporation upon receipt of the itemized invoices. Carried By Alderman Schmidt: seconded by Alderman Jones The final bill from Raymond, Parish, and Pine Inc. for the Community Renewal Program has been received and approved by the City Planning Board. RESOLVED, that the invoice of Raymond, Parish and Pine for $5,190 be approved for payment. Carried By Alderman Schmidt: seconded by Alderman Barber The Board of Public Works has requested funds for the Taylor Place Extension RESOLVED, that a Capital Project for the Taylor Place extension be established in the amount of $14,000. By Alderman Slattery: seconded by Alderman Meyer RESOLVED, that this matter be tabled. AYES: (6) NAYS: (5) - Nichols, Spano, Schmidt, Barber, Saccucci Motion Tabled ANTON J. EGNER BILL: By Alderman Schmidt: seconded by Alderman Jones A bill from Anton J. Egner & Associates for architectural and landscape architectural services for the Ithaca Mall has been received. RESOLVED, that the invoice of Anton J. Egner & Associates for $18,000.00 be approved. Carried AUDIT: By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $27,012.64 as listed on Audit Abstract #1-1974 be approved for payment. Carried REVENUE SHARING FUNDS: Alderman Jones asked whose task is it at this point to find out what might be needed changes in the New York Legislature. Mayor Conley said there will be a legislative meeting in Albany and there is a bill in Albany that the Conference of Mayors is reviewing regarding Revenue Sharing and housing. NEW BUSINESS: Alderman Slattery reported that the Housing Code draft has been finalized by the Municipal Consultants. Alderman Slattery reported that there will be a hearing February 18,1974, 7:30 p.m. in the Council Chambers. On a motion, the meeting was adjourned at 10:18 p.m. / 14f Joseph A. Rundle, City Clerk Edward Jr'Conley, Mayor � 28 SUKMARY FEDERAL REVEINL SHARING RECO?:?MM-,1IDATIONS Request Recomfnendation # 1 City of Ithaca Youth R».reau 44,280 15,060 # 2 City of Ithaca Youth Bureau 145,000 45,000 # 3 Ithaca Neighborhood IIealth Center 19,935 -0- # 4 Ithaca Civil Service 1,000 -0- Aw # 5 Building Department 49,300 -0- 75 6 Musicians Protective Union 20,000 1.0,900 #i 7 Historic Ithaca 50,000 -0- # 8 Ithaca Fire Depa*trient 24,230 24,230 # 9 Jonathan & Sue Bernstein 80,000 -0- # 10 Aew Horizons for the Handicapped 35,4A0 -0- # 11 Challenge Industries 67,665 27,065 # 12 Tompkins County Bail Fund 13,000 -0- # 16 Department of Public Works 500,000 -0 # 17 Tompkins County Bulletin 3,870 -0- # 18 Southside Community Center & City Planning 193,544 76,244 # 19 Open House 37,880 -0- # 20 Special Children's Center, Inc. 2,627 -0- # 21 IACC Day Care Center 5;000 -0- # 22 Main-Line 2,800 -0- ## 23A Ithaca Police Department 5,000 5,000 # 23B Ithaca Police Department 12,000 12,000 # 24 Voluntary Action Center-Tompkins County 1,500 1,500 # 25 Cornell Law School 14,000 -0- City of Ithaca -0- 1,300 ;;1,328,031 $ 217,399 - 22 COMMON COUNCIL PROCEEDINGS CITY Off' ITHACA, N.Y. Regular Meeting 100 P.M, March 6, 1974 PRESENT: Mayor Conley Aldermen (12) Barber, Boothroyd, Boronkay, BrbA Gutenberger, Jones, Meyer Nichols, Saccucci, Schmidt, Slattery, Spano. OTHERS PRESENT: Attorney for the City - Shapiro City Controller - Daley Planning Director -Van Cort Building Commissioner - Jones Supt. of Public Works - Dingman Asst. to Supt. of Public Works - Dougherty Fire Chief - Weaver Police Chief - Herson BPW Commissioners - Clynes, Golder Urban Development Corp. - M. Keene, J. Amiel City Clerk - Rundle CV All present were led by Mayor Conley in the Pledge of Allegim-ce to the American Flag. C MINUTES: Mayor Conley asked for approval of the ri.nutes of the January 30, 1974, =Z-Z and February 6, 1974 meetings. W By Alderman Schmidt, seconded by Alderman Saccucci, RESOLVED, That the minutes of the January 30, 1974, and February 6, 1974 meetings be approved as recorded by the City Clerk. Carried ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderman Schmidt requested permission to present any pertinent developments to the Council that may result from the Executive Session. Human Services Committee Alderman Nichols requested permission to add a resolution to permanently appoint John Doyle of the Youth Bureau. Planning and Development Committee Alderman Jones requested permission to add an amendment to resolution "B" regarding flood insurance. Attorney for the City Attorney Shapiro requested permission to add a resolution for authorization to execute an agreement with Mr. Jason Fane regarding a passageway between the Montgomery Wards building and City Hall. EM6"FIV15 SESSION Mayor Conley remarked that he was asking the Council to go into Executive Session to discuss a portion of the Rothschild-Caldwell Project, and upon their return, all information discussed will be presented on the Council floor to the public. Council adjourned into Executive Session at 7:40 p.m. and reconvened at 8:20 p.m. Mayor Conley commented that the reason he called an Executive Session was to give the Aldermen an opportunity to discuss the finances of a group of local banks that were trying to help the community and the Rothschild Project out, as it relates to the Caldwell financing. Mayor Conley remarked that these were private matters that should not be discussed publicly. Mr. Robert Amdursky with Sykes, Galloway, Dikeman Bond Council representing the Tompkins County Industrial Development Agency remarked than his firm is in the process of drawing up the bonds for the financing of Rothschild's Department Store. Mr. Amdursky estimated that the bonds woul&-be issued, *d the money available in about six to eight weeks. -2- March 6, 1974 Mr. J. Amiel of the Urban Development Corp. commented that one of the things that he has been working on is a procedure which would allow for an earlier start than the six to eight week date. Mr. Amdursky remarked that another method of financing is being worked out that would allow the project -to go forward within a sooner period of time. Mayor Conley commented that contracts .had been signed last fall in. order to insure that the prices; do not increase, materials had to be ordered. Mayor Conley said that Caldwell has ordered the material for the garage and for Rothschild's Store. Mayor Conley asked the Council to demonstrate its confidence in this Project,�-by passing a resolution to authorize the City of Ithaca to purchase post-tensi=dMg cables and reinforcing bars for the parking facility up to $195,000.00. mayor Conley said that Rothschilds was signing a similar -agreement and the City may save as much as $67,000 in cost escalations and eliminate any additional delays in the Project. Resolution to purchase Post-tensioning Cables and Reinforcing Bars for the Parking Facility: By Alderman Jones, seconded by Alderman Boothroyd, Resolved that the Common Council approve the following: New York State Urban Development Corporation 1345 Avenue of the Americas New York, New York 10016 Gentlemen: The City of Ithaca bexeby authorizes you to purchase post-tensioning cables and reinforcing bars for the Parking Facility. It is understood that the City will be obligated for not more than the amounts and not before the dates as shown below: TOTAL, COST MARCH 30 APRIL 30 MAY 30 JL)NE 30 Reb ars $ 120,000 $ 50,000 $ 50,000 $ 20,000 Post-tensioning X000 $ 5,000 10,000 20,000 40,000 Cumulative Total $ 5,000 $ 65,000 $135,000 $195,000 On the dates shown in the above table the sums shown will become due and payable by the City of ITHACA, NE!# YORK. In the event of cancellation of these orders subsequent to the date of execution of this letter, the maximum obligation will be the amount shown in association with the next date in the table subsequent to the date of cance4l.ation. It is understood and agreed that the City of Ithaca, ; New York, will be charged and will pay only the actual amounts changed to and owed by CDC-ITHACA, Inc. and Siegfried. Construction Co. , Inc. It is further understood that this agreement will be null and void and completely cancelled at the time CDC-ITHACA, INC. received its first construction .loan draw. Very truly yours, Date yE--clwa i. C le Ma r Y, Amendment No. 1 By Alderman Gutenberger, seconded by Alderman Boronkay, RESOLVED, That the resolution be amended to add to the second paragraph after Ithaca, New York, "or such lesser amounts as will actually have been char ed to CDC-ITHACA, INC ," - -- - _ been- charged 3 -3- March 6, 197 + Amendment No. 2 ty Alderman Gutenberger, seconded by Alderman Boothroyd, RESOLVED, That the resolution be amended to add to last line "or at such time. As the bonds issued by the TomAins Counter Industrial Development Agency on behalf of Rothschild Department Store are delivered, whichever first occurs." Carried Amendment No 3 By Alderman Boothroyd, seconded by Alderman Boronkay, RESOLVED, That the resolution by amended to add the following to the end of Amendment No.. 2. "At the time of the first construction loan draw anv amounts advanced will be refunded to the City." Carried The original motion with the three amendments added, was presented to Council as follows: New York State Urban Development Corporation 1345 Avenue of the Americas New York, New York 10016 i Gentlemen: The City of Ithaca hereby authorizes you to purchase post-tensioning cables and reinforcing bars for the Parking Facility. It is understood that the City will be obligated for not more than the amounts and not before the dates as shown below: TOTAL MARCH 30 APRIL 30 MAY 30 JUNE 30 COST Rebars $ 120,000 $ 50,000 v 50,000 $ 20,000 Post-tensioning 90,000 $ 5,000 10,000 20,000 40,000 Cumulative Total $ 5,000 $ 65,000 $135,000 $195,000 On the dates shown in the above table the sums shown will become due and payable by the City of Ithaca, New York, or such lesser amounts as will actually have been charged to CDC-ITHACA, INC.. In the event of cancellation of these orders subsequent to the date of execution of this letter, the maximum obligation will be the amount shown in association with the next date in the table subsequent to the date of cancellation. It is understood and agreed that the City of Ithaca, New York, will be charged and will pay only the actual amounts charged to and owed by CDC-ITHACA, INC. & Siegfried Construction Co. , Inc. It is further understood that this agreement will be null and void and completely cancelled at the time CDC-ITHACA, INC. receives its first construction loan draw or at such time as the bonds issued by the Tompkins County Industrial Development Agency on behalf of Rothschild Department Store are delivered, whichever first occurs. At the time of the first construction loan draw any amounts advanced will be refunded to the City. Very truly yours, Date Edvard J. C 1e M yo/'r (11) AYES (1) MAY - Barber Carried 232 -4- Pgarch 6, 1974 PLANNING AND DEVELOPMENT COMMITTEE Flood Rescli*ion"A" A SAMPLE RESOLUTION TO BE USED WHEN APPLYING FOR FLOOD INSURANCE (Note that resolution B may also be required) By Alderman Jones, seconded by Alderman Schmidt, WHEREAS, certain areas of Ithaca are subject to periodic flooding (and/or mudslides) from streams and lake, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of this Council to require the recognition and evaluation of flood and/or mudslide hazards in all official actions relating to land use in the flood plain (and/or mudslide)areas having special flood ( and/or mudslide) hazards; and WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future. flood losses pursuant to General City law, Chap. 21 of the laws of the State of New York, Article 2,A, Sec. 20w NOW, THEREFORE, BE IT RESOLVED, that this Council hereby: 1. Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood or mudslide hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations; and 2. Vests Planning Board with the responsibility, authority, and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood (and/or mudslides) hazards on available local maps of sufficient scale to identify the location of building sites. (b) Provide such inforaa.;.ion as the Administrator may request concerning present uses and occupancy of the flood plain (and/or mudslide area) . (c) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. (d) Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made .during the past year within the community in the development and implementation of flood plain (and/or mudslide area) management measures. 3. Appoints the Building Commissioner to maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved struc- tures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. 4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. Carried Unanimously '23 -5- March 6, 197+ Mr. R. G. Martini Consulting Engineer addressed Council and said his firm in the process of completing a Flood Recovery Study for Tompkins County. This study would assitt crmmunities in oarganiting themselves to get into a flood insurance program. Mr. Martin gave the Council some background on the flood insurance program and answered several questions from the Council. Flood Resolution "B" B-1 SAMPLE RESOLUTION TO BE USED TO INDICATE THE BUILDING PERMIT SYSTEM WHICH THE COMMUNITY HAS ADOPTED AND THE REVIEW PROCEDURE FOR THE SYSTEM By Alderman Jones, seconded by Alderman Schmidt, WHEREAS, the City of Ithaca has adopted and is enforcing State Building Construction Code and the City of ITHACA Zoning Ordinance, and WHEREAS, Section 30.55 of the aforesaid prohibits any person, firm or .� corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Building Commissioner, and m WHEREAS, the Building Commissioner must examine all plans and specifications ^L' for the proposed construction when application is made to him for a building permit. VOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca as follows: 1. That the Building Commissioner shall review all building permit. applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (i) be designed (or modified) and anchored to prevent flotatiorf, collapse, or lateral movement of the structure, (ii) use construction materials and utility equipment that are resistant to flood damage, and (iii) use construction methods and practices that will minimize flood damage; and 2. That the Planning Board shall review subdivision proposals and other proposed new developments. (i) to assure that all such proposals are consistent with the need to minimize flood damage, (ii) to assure with the assistance of the Department of Public Works that all public utilities and facilities , such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and (iii) to assure with the assistance of the Department of Public Works that adequate drainage is provided so as to reduce exposure to flood hazards; and 3. That the Board of Public Works shall require new or replacement water supply sytems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges frcm the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. Carried Unanimously RECESS - Council recessed for five minutes at 9:45 P.m. Request of Center of Arts to lease Hangar City Clerk Rundle read the following letter: Gregory Kasprzak, Chairman Inlet Park Committee Ithaca, New York 14850 Mayor Conley and Common Council City of Ithaca 108 East Green Street Ithaca,, New York 14850 Dear Mayor and Members of the Council: On February 13, 1974 the Inlet Park Committee and representatives from 234 —6- March 6, 1974 other organizations heard a proposal for the development of the hangar building at Inlet Park as a theater. The presentation was made by T. Niederkorn, Chairman of the Board of Directors for the Center for the Arts in Ithaca. After the presentation the Inlet Park Committee met to review the above pro- posal and make a determination on whether the proposal has merit and should be recommended to the City Council. After a lengthly discussion, all but one of the members of the Committee endorsed the principle of the theater in the Park and recommended to the Coun- cil an early resolution of arrangements between the City and the Center for the Arts, so that the rehabilitation of the hangar can start by mid-March or earlier. It is the feeling of the Committee that the legal arrangements between the City and the Center for the Arts be resolved by the Common Council as soon as possible or during the rehabilitation time, so that no delay in the opening of the theater this summer will occur. Sincerely, Gregory Kasprzak, Chairman Inlet Park Committee Resolution to Release Hangar By Alderman Jones, seconded by Alderman Brock, WHEREAS, the Inlet Park Committee has recommended that the City lease the Hangar to the Center for the Arts, and WHEREAS, the Planning and Development Committee supports the intent of the Center for the Arts and recommends that the City lease the Hangar to the Center for the Arts for use in 1975, and WHEREAS, the addition of a theatre to the Inlet Park area will increase our community's enjoyment of said area. NOW THEREFORE BE IT RESOLVED, that the Hangar be made available and be leased to the Center for the Arts starting in October 1974 for use in the 1975 season, and BE IT FURTHER RESOLVED, that the Council and the Board through the attorneys for the City and the Center for the Arts draw up a lease agreement and that said contract must be ratified by this Council prior to its execution. Carried Mr. Tom Niederkorn, Cha rman of the Board of Directors for the Center for the Arts in Ithaca commented that it was a disappointment that his group will be unable to carry out the season this summer, as they had hoped to do. Mr. Niederkorn said that his group would accept the Council's decision and go ahead with their planning and architectural work, and they would work with the attroney for the City on drawing up a lease. COM14RTICATIONS: City Clerk Rundle read a letter from the Landmarks Preservation Commission as follows: February 22, 1974 Mayor and Common Council City of Ithaca Dear Mayor and Members of Council: On February 14, 1974, this Commission held a Public Hearing for the -purpose of receiving public statements on the proposal to designate St. James' African Methodist Episcopal Zion Church, 116 Cleveland Avenue, as a Landmark of the City of Ithaca. At this hearing, held in accordance with applicable city regulations 2 M -7- March 6, 1974 no adverse comments were made. fhe church's minister stated that church officials, congregation, and others in the neighborhood were unanimously in favor of designation. Following the hearing, the Commission took judicial notice of the information previously presented in support of the proposal, which established that St. James' was founded in 1833 on the initiative of an ex-slave in Ithaca's small Negro community; was built in 1836, making it the oldest church structure in the city, and played a part in the Underground Railroad system prior to Emancipation. After some further discussion, the Commission, on motion by Mr. Hemming seconded by Mrs. Gerkin, unanimously (6-0) RECOMUDIDED to Common Council, "that St. James' African Methodist Episcopal Zion Church, 116 Cleveland Avenue, be designated a Historic Landmark of the City of Ithaca` in accordance with Sec. 2-35 (c) of the City Code. Very truly yours, E.F. Roberts, Chairman By Alderman Jones: seconded by Alderman Barber RESOLVED, that this matter be referred to the Planning Board. Carried City Clerk Rundle read a letter from the Tompkins County Senior Citizens' Council, Inc. as follows: W Mr. Edward Conley, Mayor City of Ithaca Ithaca, New York 14850 Dear Ed: Enclosed is a copy of the 1973 Annual Report of the Tompkins County Senior Citizens' Council. We are most appreciative of the support of the Common Council of Ithaca in helping to meet the needs of the 3210 people over 60 in the city. Will you please convey to the Council members and the city staff our thanks? Sincerely, Helen B. Vandervort, President Boardof Directors By Alderman Barber: seconded by Alderman Saccueei RESOLVED, that the 1973 Annual Report of the Tompkins County Senior Citizens' Council be received and placed on file. Carried City Clerk Rundle read a letter from the City Chamberlain as follows: Common Council Ithaca, New York Gentlemen: A resolution is needed by the Common Council, requesting the County to extend the Warrant for the collection of the 1974 State and County Taxes to June 1, 1974. Very truly yours, John D. Wright City Chamberlain City Clerk Rundle read a letter from the Ceracche Television Corporation as follows: Common Council City of Ithaca Ithaca, New York Gentlemen: This is to inform you concerning Ceracche Television Corp. 's recent commence- ment of subscription or pay cable programming on its cable television system serving 2,3 e -8- March 6, 1974 this community. This service makes available to cable subscribers who desire to receive it programming such as first-run feature films and live sports events from Madison Square Garden in New York City. This service is provided by Home Box Office, a company which specializes in providing subscription television programming to cable systems. A copy of a recent Home Box Office program schedule is attached hereto. An additional charge of $6.00 a month ($12.00 for commercial users) is made for this programming to those subscribers who wish to receive it. The service is, of course, entirely optional. It should further be noted that the charge of $6.00 per month is the lowest rate permitted by the program supplier, Home Box Office. ' Moreover, the community will receive 11, of the proceeds from this service as part of the franchise fee prescribed in our franchise. The New York State Commission on Cable Television has ruled that rates for this service should ordinarily be specified in the cable television franchise. However, it has permitted cable operators to commence this service pending the required amendments of the franchise, provided the cable operator notified the Commission of its intention by October 29, 1973. Ceracche Television Corp. complied with this requirement and is now providing service on that basis. After the close of our fiscal year on April 30, we will submit a request for a franchise amendment which will include authorization for the subscription television rates. I would be glad to answer any further questions you may have concerning this service. Sincerely, Anthony Ceracche, President By Alderman Schmidt: seconded by Alderman Jones RESOLVED, that this matter be referred to the Attorney for the City, and the Charter and Ordinance Committee. Carried ,,.,. City Clerk Rundle read a letter from the State of New York Department of Agriculture and Markets as follows: TO CITY CLERKS: Subdivision 2 of Section 108 of the Agriculture and Markets Law provides in part that: S1In the month of October, #** the police department shall *** in all cities, except the City of New York, ascertain by due inquiry the names of the owners of dogs kept or harbored in such *** cities, provided however, that the governing body of any city, may provide by resolution or ordinance that either its police department or enumerators may make such inquiry. Each city electing to make such inquiry by enumerators shall file a certified copy of the resolution or ordinance so providing with the commissioner on or before the first day of June of each year." if a city elects to cause the census to be made by enumerators it must make such election by the adoption of an ordinance or resolution before June lst of --ach year and file a certified copy thereof with the Commissioner on or before such date. A city which makes no election by resolution or ordinance, must cause the dog census to be made by its police department. If your city plans to have the 1975 dog census taken by enumerators instead �-af the—city police department, we suggest that a resolution be passed at the next -=uhf meeting. Very truly yours, Helen M. Kehrer Head Clerk, Dog Licensing By Alderman Schmidt: seconded by Alderman Jones RESOLVED, that this matter be referred to the Human Services Committee. Carried. 1T 23 -9- march 6, 1974 City Clem: Rundle read a letter to Common Council, from a group of employees as follows: Common Council City of Ithaca Ladies and Gentlemen: City employees who are not on the 'Executive Payroll' continue to be dis- satisfied with their salary situation. Action taken by the City over the last few years in this regard, such as dropping the merit increment system, and the annual delay in passing a minimal 'cost-of-living' adjustment, have lowered morale and increased bitterness among these public servants. Even the current position review, which we had to press for, promises to have less-than-optimum results due to the consultant's attitude and approach. As taxpayers as well as public servants, we are doubly resentful that we pay substantial salaries and increases to local, state and national government executives and elected officials, while we are limited by them to belated 'cost-of-living' increases which do not match the actual increase in cost of living. Added to this resentment is the disregard shown us by City officials who do not actively promote fair salaries for all employees, but who look out well for themselves: in 1973 executives got both a raise and a cost-of-living increase, and this year they are asking for more of the same. We feel that the following actions are fair and necessary to correct the cited inequities to non-executive-payroll employees : 1. Immediate Council approval of a cost-of-living increase of not less than 8 percent, retroactive to January 1, 1974. 2. Rapid institution of a plan for staged advancement from entry pay to top of scale for every position. 3. Rapid development of a system to allow extra salary increases for employees showing outstanding ,job performance. Before finalizing actions 2 and 3, positive steps should be taken to insure that each employee is aware of the details, and has the opportunity to express approval or disapproval. This letter is not empty rhetoric or baseless griping. City employees are, in many if not all instances, paid less than their equivalents in County government. It is time that City government realizes that it gets what it pays for: in this instance, dissatisfied employees. In all but rare cases employees' attitudes toward job performance and public service are affected to some extent; when the public becomes aware of this, its satisfaction with elected officials and city executives is affected in turn. We sincerely hope that Council will recognize the seriousness of this request and respond accordingly. In view of the past history of slow and inadequate responses to our needs, anything significantly less than rapid and full agreement with this request will, justifiably, be regarded as solid evidence of the City's disregard for its employees and the public. We will be watching closely to see what happens. Respectfully, Hilda Hutson, Jon Meigs, Dorothy Pfaff, Robert G. Grey, Rosalind Williams, Arthur Santora, John Wilson, C. W. Barber cc: N.Y.S. Civil Service Commission Douglas R. Kingsley Assoc. , Inc. CSEA Negotiations Committee By Alderman Slattery: seconded by Alderman Schmidt, RESOLVED, that this matter be referred to the Budget and Administration Committee. Carried COMMUNICATIONS FROM THE MAYOR: Mayor Conley reported on the Rational League of Cities and the U. S. Conference of Mayor's meeting in Washington, D. C. that he attended with City Controller Daley. 23 -10- March 6, 1974 ATTORNEY FOR THE CITY REPORT: Attorney Shapiro requested Council to authorize him to prepare an agreement with Mr. Jason Pane regarding the passageway that he wishes to build from the Montgomery Ward building to the City Hall building. By Alderman Jones: seconded by Alderman Nichols RESOLVED, that the Attorney for the City be authorized to prepare an agreement with Mr. Jason Pane for a passageway that he wishes to build between the Montgomery Ward building and City Hall. Carried BOARDMAN HOUSE SUIT: Attorney Shapiro said he filed a brief about two weeks ago, and that the suit is still in process. WILSON SUIT: Attorney Shapiro reported that the Article Seventy Eight proceeding has not yet been decided by the Judge. CHARTER AND ORDINANCE COMMITTEE AGENDA RULES RESOLUTION: By Alderman Slattery: seconded by Alderman Boothroyd BE IT RESOLVED, that the foregoing "Rules of Procedure" be and are hereby adopted as the official "Rules of Procedure" for this Common Council and be BE IT FURTHER RESOLVED, that all previous "Rules of Procedure adopted by this Common Council are hereby superseded by this act. RULES OF PROCEDURE COMMON COUNCIL: 1. The City Clerk is instructed to prepare and distribute, to members of the Common Council, an agenda for each meeting of Common Council. 2. Each Councilman shall receive from the City Clerk his agenda of the Board of Public Works, Planning Board and Common Council at least four (4) days prior to the said Board's meeting. 3. All Common Council committee chairmen shall present agenda items pertaining to his committee to the City Clerk by 9:00 a.m. , Friday preceeding any meeting of Common Council. 4. Whenever possible a copy of all resolutions to be acted upon at the Common Council meeting shall accompany the chairmen's report to the City Clerk and the City Clerk shall attach said resolutions to the agenda. 5. 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. 6. A matter may be reported to the Council at any time, whether or not it appears on the agenda for that meeting. However, no vote may be taken or motion made except for referral with regard to any such matter which does not appear on the i agenda if a formal objection thereto is made to the Mayor by any member of the Council. T. Page one (1) Of the agenda is to list all referrals to committees. Page two (2) or the explanation of the agenda will be used to clarify only those items that will appear for action. 8. All matters to be brought to Council will be thoroughly explained with names, dates, time, addresses, etc. on the agenda (Except Mayor's appointments January 1, of each year.) 9. All referrals or action resolutions will be transferred in memo form to committees of Council, Boards, agencies, and departments by the City Clerk. 10. All referrals with origination date will appear on all agendas continuously until some action has been taken by that governing body to remove same. AMENDMENT NO. 1: By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, that Item 8 second word be changed from matters to appointments. Carried 2 3 ' larch 6, 1974 AMENDMENT. NO. 2: By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, that item 3 first wort! to be changed from All to Each, chairmen to chairman and correct spelling of preeeedin to preceding Carried AMENDMENT NO. 3: By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that Item 9 fourth word be changed from action to actions, and the word resolutions be deleted. Carried AMENDMENT N0. 4: By Alderman Schmidt: seconded by Alderman Nichols RESOLVED, that Item 7 be deleted in its entirety, and that Items 8, 94 and 10 be renumbered accordingly. Carried The original motion with the four amendments added, was presented to Council as follows: RULES OF PROCEDURE COMMON COUNCIL O 1. The City Clerk is instructed to prepare and distribute, to members of the Common Council, an agenda for each meeting of Common Council. 2. Each Councilman shall receive from the City Clerk his agenda of the Board of Public Works, Planning Board and Common Council at least four (4) days prior to the said Board's meeting. 3. Each Common Council committee chairman shall present agenda items pertaining to his committee to the City Clerk by 9:00 a.m. , Friday preceding any meeting of Common Council. 4. Whenever possible a copy of all resolutions to be acted upon at the Common Council meeting shall accompany the chairmen's report to the City Clerk and the City Clerk shall attach said resolutions to the agenda. 5. 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. 6. A matter may be reported to the Council at any time, whether or not it appears on the agenda for that meeting. However, no vote may be taken or motion made except for referral with regard to any such matter which does not appear on the agenda if a formal objection thereto is made to the Mayor by any member of the Council. 7. All appointments to be brought to Council will be thoroughly explained with names, dates, time, addresses, etc. on the agenda (Except Playor's appointments January 1, of each year. ) 8. All referrals or actions will be transferred in memo form to committees of Council, Boards, agencies, and departments by the City Clerk. 9. All referrals with origination date will appear on all agendas continuously until some action has been taken by that governing body to remove same. Carried RULES OF ORDER RESOLUTION: By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that the foregoing Rules of Order be and are hereby adopted as the official Rules of Order for this Common Council, and BE IT FURTHER RESOLVED, that all previous Rules of Order adopted by this Common Council are hereby superseded by this act. RULES OF ORDER 1. Any person rho shall desire to speak- at a meeting of the Council shall state his or her name and address for the reewYd& 2. He or she shall address the Mayor and Common Council rather than individual members of the Council unless permitted to do so by the Mayor. 240 -12- March 6, 1974 3. The Mayor shall limit each person desiring to speak to approximately five minutes speaking time on any subject; and no person shall be permitted to speak more than once on the same subject unless requested to do so by the Mayor and/or Common Council. 4. Each person desiring to speak shall do so in a quiet and orderly manner, and in the event he or she fails or refuses to do so, the Mayor shall have the authority to preclude him from speaking at such meeting. 5. The Mayor may limit a speaker to the first part of the meeting under the order of "Petitions,:a hearing of persons before the Council" except when a ,.ut meeting has been designated as a public hearing. If a person desires to speak on a specific matter listed on the agenda, he may appeal to the Mayor for permission to speak on the matter when it has come before the Council in the normal course of events and the Mayor may grant such permission. 6. With the exception of the aforementioned rules, Robert's Rules of Order will be followed. Carried CODE OF ETHICS RESOLUTION: By Alderman Slattery: seconded by Alderman Barber RESOLVED, that this Code of Ethics shall be adopted by this Common Council and this local code take effect ten days after publication and posting. CODE OF ET ICS CITY OF ITHACA A code of ethics establishing standards of conduct for officers and employees of the City of Ithaca. Be it resolved by the Common Council of the City of Ithaca as follows: SECTION I J Pursuant to the provisions of section eight hundred six of the General Municipal Law, the Common Council of the City of Ithaca recognizes that there are rules of ethical conduct for elected and appointed officials, public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if .public confidence is to be maintained in our unit of local government. It is the purpose of this local law to promulgate these rules of ethical conduct for the elected and appointed officials, officers and employees of the City of Ithaca. These rules shall serve as a guide for official conduct of the elected and appointed officials, officers and employees of the City of Ithaca. The rules of ethical conduct of this code of ethics as adopted shall not conflict with, but shall be in addition to, any prohibition of article eighteen of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. SECTION II - DEFINITIONS (a) Municipal officer or employee and elected and appointed officials means an officer or employee of the City of Ithaca, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. (b) Interest means a pecuniary or material benefit accruing to a municipal officer or employee or elected or appointed official unless the context otherwise requires. SECTION III - STANDARDS OF CONDUCT Every officer or employee or elected or appointed official of the City of Ithaca shall be subject to and abide by the following standards of conduct. . . (a) Gifts: lie or she shall not directly or indirectly solicit any gift or accept or receive apy gift or accumulation of gifts having a value of twenty-five dollars or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence hire br her, or could reasonably be expected to influence him or her, in the performance 6f his or her official duties or was intended as a reward for any offiai.al action on his or her part. 2 -13- March 6, 1974 (b) Confidential information: Ile or she shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. (c) Representation before one's own agency: He or she shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he or she is an officer, member or employee of or any municipal agency over which he or she has jurisdiction or to which he or she has the power to appoint any member,officer or employee. (d) Representation before any agency for a contingent fee: He or she shell not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his or her municipality, whereby his or her compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. (e) Disclosure of interest in legislation: To the extent that he or she knows thereof, a member of the Common Council and any officer or employee of the City of Ithaca, whether paid or unpaid, who participates in the discussion or gives official opinion to the Common Council on any legislation before the Common Council shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such legislation. IJ (f) Investments in conflict with official duties: Ile or she shall not invest or hold any investment directly or indirectly in any financial, business, Commercial or other private transaction, which creates a conflict with his or her official duties. (g) Private employment: He or she shall not engage in, solicit, negotiate for or ,promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his or her official duties. He or she shall not use or sell public property for private gain. (h) Future employment: He or she shall not for a period, of one year after the termination of service or employment with such municipality, appear before any board or agency of the City of Ithaca in relation to any case, proceeding or , application in which he or she personally participated daring the period of his or her service or employment or which was under his or her active consideratio-.. SECTION IV Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the City of Ithaca, or any agency thereof on behalf of himself or herself or any member of his or-her family, arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. SECTION V - DISTRIBUTION OF CODE OF ETHICS The City Clerk of the City of Ithaca shall cause a copy of this code of ethics to be distributed to every elected and appointed official, officer and employee of the City of Ithaca within thirty (3O)days after the effective date of this code of ethics. Each officer and employee elected or appointed thereafter shall, be furnished, a copy before entering upon the duties of his or her office or employment. SECTION VI - PENALTIES In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. SECTION VII - EFFECTIVE DATE This local code shall take effect ten (10) days after publication and posting. AYES 11 ABSTENTION: 1 - Meyer Carried 24 -14- March 6, 1974 RESOLUTION TO ADVERTISE PUBLIC HEARING: By Alderman Meyer: seconded by Alderman Schmidt WHEREAS, there are three (3) additional amendments to the new Zoning Ordinance 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 7:30 p.m. April 4, 1974, in City Hall Council Chambers, 108 East Green Street, Ithaca, New York, to hear persons interested in the amendments to the recently revised Zoning Ordinance. BE IT RESOLVED, that such advertisemebtshall indicate that copies of the amendments will be available in the Office of the City Clerk for public review commencing March 7, 1974, and until the effective date of passage of the revised Zoning Ordinance Carried RESOLUTION TO HOLD PUBLIC HEARING: By Alderman Meyer: seconded by Alderman Jones PLEASE TAKE NOTICE that the Common Council of the City of Ithaca will conduct a public hearing on April 4, 1974, at 7:30 p.m. in Common Council Chambers, 108 East Green Street, Ithaca, New York, to consider three (3) amendments to the Zoning Ordinance and District Regulations Chart for the City of Ithaca. Copies of the proposed amendments will be available for public inspection in the Office of the City Clerk commencing March 6, 1974. All persons interested in the foregoing will be given an opportunity to be heard by the Common Council. Dated: March 6, 1974 By authority of the Common Council of the City of Ithaca Joseph A. Rundle, City Clerk March 6, 1974 Carried RESOLUTION TO REFER TO BUDGET AND ADMINISTRATION: By Alderman Meyer: seconded by Alderman Nichols WHEREAS, it is necessary according to the City of Ithaca Charter to publish in the official newspaper the amended Zoning Ordinance, WHEREAS, the cost of this publication is $1400 for a legal ad, or $2200 for tabloid form, NOW THEREFORE an adequate sum of money should be allocated by the Budget and Administration Committee for the publication of the Zonin,_ Ordinance, AND BE IT FURTHER REQUESTED, that the ordinance be published upon the authorize -`_:gin of the required sum. AYES: 0 NAYS: 12 Motion Defeatc-0 RESOLUTION TO ALLOCATE FUNDS: By Alderman Meyer: seconded by Alderman Boronka,4 WHEREAS, it is necessary according to the City of Ithaca Charter to publish in t1a^ official newspaper the amended zoning ordinance. BE IT SO RESOLVED, that the amended zoning ordinance is published as a legal ad for a sum not to exceed $1400';to be taken from the Contingency Fund. Carried HUMAN SERVICES COMMITTEE: POLICE COMMISSIONERS SPECIFICATIO'11S: By Alderman Nichols: seconded by Alderman_ Jones RESOLVED, that the preliminary draft be referred to the Charter and Ordinance and Human Services Committee for study and report. Carried ABANDONED VEHICLES: Alderman Nichols reported that the Attorney for the City has suggested that the City withdraw the proposed contract with Tompkins County because of some ambiguity and misunderstanding about the details of the contract amongst the principles. r) 24 .11 -15- March S. 1974 NEGOTIATIONS WITH SPCA: Alderman Nichols reported that her committee is negotiating with the SPCA for expansion and improvement of dog control service. ITHACA HOUSING AUTHORITY: Alderman Nichols reported that the Ithaca Housing Authority promised to make a token payment on the amount owed to the City of Ithaca in lieu of taxes, almost immediately, and the balance by June 1974. PERMANENT APPOINTMENT OF JOHN DOYLE: By Alderman Nichols: seconded by Alderman Barber WHEREAS, John Doyle was appointed in 1972 to the position of Youth Recreation Worker in the Ithaca Youth Bureau, working one-half of the year at the Municipal Golf Course and one-half of the year at Cass Park Rink, and WHEREAS, said John Doyle has performed his duties to the complete satisfaction of the Youth Bureau Advisory Board, and WHEREAS, said John Doyle has becently passed the Civil Service examination for the position of Recreation Leader, NOW THEREFOR BE IT RESOLVEb, that John Doyle is herety permanently appointed to the position of Recreation Leader subject to the usual rules and probationary period of the Civil Service Commission. Carried C14 BUDGET AND ADMINISTRATION CO141ITTEE: r� U N.Y.S. U.D.C. invoice for Elm-Maple Scattered Site Housing - No report Douglas R. Kingsley Associates invoices for negotiations 953.24 and salary study $2,728.30: By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, that the Douglas R. Kingsley Assoc. invoices in the total amount of $3,681.54 be approved for payment. Carried Norman D. Freeman invoice for $1,518.80 for legal services Re: the Jason Fane condemnation: By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, that the Norman D. Freeman invoice in the amount of $1,518.80 be approved for payment. Carri e Warner,Burns, Toan & Lunde have presented a final invoice preparing for the sa'_-� of the City contract to Caldwell Development Corporation. This invoice inclu,',,% disbursements of $389.68 and the final design development fee of $1,875.00. By Alderman Schmidt: seconded by Alderman Barber RESOLVED, that the Warner, Burns, Toan & Lunde invoice in the amount of $2,261..' be approved for payment. Carri ;_ The Fire Department has requested $17,998 for repair and improvements to the fire training tower. It is recommended this amount be included in the Capital Budget for 1974. By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, that $17,998 be provided in the 1974 Capital Budget for the repair and improvement of the Fire Department training tower at the "'Iunicipal Golf Course. Carried The City Chamberlain requests the Common Council to extend the warrant for collection of 1974 State and County taxes to June 1, 1974. This is an annual request. By Alderman Schmidt: seconded by Alderman Barber RESOLVED, that this Common Council requests the County to extend the warrant for collection of 1974 State and County taxes to June 1, 1974. Carried Zikakt$ Chevrolet Iric. has made a request to lease a parcel of land owned by the City of Ithaca, commonly known as the Old Spencer Read. The Budget and Administration Committee recommends an appraisal of this parcel to establish a fair market value. 16- march 6, 197+ By Alderman Schmidt: seconded by Alderman Boronkay RESOLVED, that the City Clerk be authorized to hire a real estate appraiser to establish a fair market rental for the property identified in a proposed lease from Zikakis Chevrolet Inc. That the cost of said appraisal not to exceed $125.00, and advertising cost be added to the established rental to be paid by the lessee. Carried Anton J. Eder & Associates Invoice: By Alderman Schmidt seconded by Alderman Slattery RESOLVED, that the invoice from Anton J. Egner Associates in the amount of $18,000 be approved for payment. Carried Letter from Executives: Alderman Schmidt reported that the Budget and Administration Committee is in no position to recommend a salary increase for the City executives until they have the results from the Douglas R. Kingsley Assoc. report. AUDIT: By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $21,555.02 as listed on Audit Abstract #2-197+ be approved for payment. Carried RESOLUTI&I OF C0:4MENDATION: By Alderman Barber: seconded by Alderman Gutenberger RESOLVED, that this Common Council on behalf of the City of Ithaca, New York, commends Officer Danny Baker for his alertness in administering first aid to Officer William Dockstader who was seriously injured at the recent accident at the octopus, AND BE IT FURTHER RESOLVED, that Mayor Conley be requested to write a letter to Officer Danny Baker and Officer William Dockstader on behalf of the citizens of .T.thaca expressing their appreciation. Carried MILLSTONE FOUND AT THE FIRST NATIONAL BANK BUILDING SITE: Alderman Jones asked if it would be possible to place the old millstone in the mall as a sculpture. ` Mayor Conley said he would investigate the possibility. SWIP/1,1ING_POOL ORDINANCE: Alderman Slattery reported that his committee was Tf-erking on the ordinance and hoped to have it ready for the April 1974 meeting. WESTEND OCTOPUS RESOLUTION: By Alderman Saccucci: seconded by Alderman 3a:-'- RESOLVED, that the Mayor be instructed to take all steps necessarr to I`-. prompt action in solving the Westend Octopus problcrl. Carri--. On a motion the meeting was adjourned at 11:37 p.m. ,Jose h A. Rundle, City Clerk Eduard J. on ey, P,i or 245 C011140'.7 COU7CIL PT'OC1�EDsINGS CITY OF IT'.ACA, TU11 YORI_ Regular Ueeting. 7:33 p.m. April 3, 1:74 �kFSErIT: 'Mayor - Conley Aldermen (12) - Barber, Saccucci, Slattery, Jones, Poronkay, Scinidt, Cutenberrer. Brock., 11eyer, 17ichols, 3ootaroyd, Spano OT11H ERS P'RESF..TT, Attorney for the City - Shapiro Tire Chief - Ueaver Buildin( Commissioner - Jones Ur?Tan 7enec7al Director - Broom 3`"7 Commissioner - Golder Planning !erector - 67an Cort City Controller Daley, Police CTeief,- ;iersou City Clerk - Pundle All present Tz'ere led by .Actin? '?ayor Schnildt in the Fledge of Allegiance to the American Fla?. ADDIT101S TO T;dE AGE11DA: Alderman T`7eyer request�.d t:,at a resolution or_ recycling be added to the Planning Development Committee a!�enda. O 7o objections were made. T y r Alderman Schmidt request/-,d that a :.ill from Anton J. TRllFr & Asaoci_ates be ad.rtecl Wto the ,liudf et & Administration Committee apenc'a. Jo objections were mace. 1TI.!UTCS° Actin; 7 ayor Schmidt asked for approval of tie minutes of t':ie Marc'► 6, 1)74 meeting*. Dy Al.denitan arber: seconded. by Alderman Saccucci RnSOLVEU, that the ninutes of th- :'arch 6, 1974, meetic-,g be approved as recorded by the City Clerk. Carried CON.,. NICATIONt FROM THE CITY :CUlm: City Clerk Rundle reported that he had received a petition from Crispell Charter Service, Inc. to operate a bus line which runs partially through the City of Ithaca, By Alderman Jones: seconded by Alderman Barber RESOLVED, that this petition be referred to the Charter & Ordinance and the Planning and Development Committees. Carried REPORT OF ATTORNEY FOR THE CITY: WILSON SUIT: Attorney Shapiro reported,on ,the Wilson Suit. The City won :that suit in Article 78 proceeding; brou?ht against the city charging the Board of Zoning Appeals was arbitrary in denying the variance and that was upheld by the Supreme Court and ordered rendered. BOX OFFICE TELEVISION: Attorney Shapiro said he has conferred with Mr. Cerrache and he has informed the Attorney that his fiscal year ends April 30th. There will be additional items or amendments to Mr. Cerrache's present franchise that Mr. Cerrache would like to request and he wants to be able to rely on his end of fiscal year data when he requests these franchise changes. Mr. Cerrache has agreed to attend the June meeting to go over this. RIP, INC: Attorney Shapiro reported on RIP, Inc. , the parking lot matter, on South Hill. The attorney said this is an Article 78 proceeding appealing to the Supreme Court from a ruling of the Board of Zoning Appeals. 1973 AI114UAL CITY CHAMBERLAIN'S REPORT: By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the 1973 Annual City Chamberlain's Report be received and accepted, Carried 1973 REPORT OF FIRE RELIEF FUND AND VETERA:1 VOLUNTEER FIRF.17"S ASSOCIATION: By Alderman Barber: seconded by Alderman Slattery RESOLVED, that the 1973 Report of Fire Relief Fund. and Veteran Volunteer Firemen's Association prepared by the City Chamberlain be received and accepted. Carried 246 -2- April. 3, 1974 comet icATImdS FROM THE gAYOR� DI kT_R OCT TOUI'.IS!': Mayor Conley reported that he had attended a meeting with the Finger Lakes Association. Iiayor Conley said he assured the Finger Lakes Association that this community was moving forward and that we Were going to pass all of the Mall lesiglation. The Mayor said we would be working in the area of the inlet and the area surrounding the inlet and the Octopus. The Mayor said the Finger Lakes Association Was extremely interested in tourism and factions that bring people into the whole Finger Lakes area. The I-layor tole: the Finger Lakes Association that we would take the leadership role and woul,.' become the heart of the Finger Lakes region and establish it here in Ithaca once and for all. ARTHUR GOLDER RESIGNATION: Mayor Conley reported receipt of the resignation of Arthur Golder from the Board of Public Works to become effective immediately upon Common Council approval of a replacement. APPOIMT�IINTS: Mayor Conley announced the appointment of the following: Environmental Commission - Mr. Timothy Ray and Mr. Michael ball terms to expire December 31, 1976. By Alderman Schmidt: seconded by Alderman Brock RESOLVED, that the Iiayor°s appointments of Mr. Timothy Fay and Mr. Michael-Hall to the Environmental Commission, three year terms ending December 31, 1976, be approved. Carried Youth Bureau - Mayor Conley announced the appointment of Peter J. Dodgers to the Youth Bureau. No motion was made to approve the Mayor's appointment to the Youth Bureau. ROTIISCHILD-CALDWELL PROJECT: The Mayor reported that a meeting; was held in New York City between Caldwell Development Corporation and the lenders are going to provide interim finances for that project. The Mayor said that they would be able to move immediately into a closing. Mayor Conley said he could not predict an actual date, but it was just a matter of getting the actual closing organized with all parties concerned. The closing will take place here in Ithaca, TI.Y. in the Council Chambers. DOT - OCTOPUS REPORT: The Mayor reported that he attended a meeting in Albany. The Department of Transportation reminded the Mayor that since the project started many things have happened and the fact that many bills have been passed at the Federal level for Environmental legislation, Environmental concerns, things that call for environmental impact areas, things that call for environmental assessments for four "H" areas. A four "H" hearing is a special hearing that has to happen for a road to go across park lands. The Mayor said that we have set up so many environmental concerns that it has taken the DOT two or three additional years just in the process of getting, something done that could have been done rather simply. Environmental" assessment, impact statements, and environmental hearings, every comment has to be justified in writing to many governmental agencies, which is very involved and time consuming;. Iiayor Conley said that the Octopus is a top priority project and the DOT is doing everything possible to make this project a reality. 11701" STUDY RFSOLUTIGH: WHEREAS, the City of Ithaca, in order to provide for a planning study contributing to an overall program for its future community 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 clew York State Office for Local Government, 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 for Local Government to provide planning assistance under authority of Article 26 of the Aew 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. 2 4 -3- April 3, 1974 RESOLVED, that if the aforesaid application is approved and accepted by both the director of New York State Office for Local Government and the Department of Housinn and Urban Development, the City of Ithaca shall enter into a formal agreement with the New York State Office for Local Government to undertake the project described in the approved application and pay to State of New York its share of the estimated total cost of the said project together with such other terms and conditions as may be deemed necessary and appropriate to carry out tie said project. RESOLVED, that the City of Ithaca hereby agrees to have available in the year the project is to be completed the sum of $5,000 as its proportionate share of the local share of the total cost of the said project to be paid to the State of New York on conditions that the above mentioned application is approved by both the Department of Housing and Urban Development and the Director of the New York State Office of Local Government, RESOLVED, that the City of Ithaca shall assume the cost of operating and maintaining its own Planning Board or Commission including such services as clerical personnel, office.- space, equipment, materials, communications and travel as such cost cannot be charged to the Comprehensive Planning Assistance Program. RESOLVED, that is is understood that the current Planning Services may not be charged to the Comprehensive Planning Assistance Program. 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. xy Alderman Meyer° seconded by Alderman Spano U: RESOLVED, that this matter be referred to the Planning & Development Committev> Carried T #CM RATE INCREASE RESOLUTIOU: By Alderman Schmidt: seconded by Alderman--Slattery RESOLVED, that the City of Ithaca Code of Ordinances - Section 22-9 Pates be amended as follows: (1) Taxicab zones and rates: t9dated July 2, 1973, and signed by the City Clerk, thereby replacing the previous schedule adopted by ordinance no. 1-1970, 4/1/70, which is hereby rescinded" be deleted and replaced by "dated April 3, 19745 anrl signed by the City Clerk, thereby replacing the previous map and schedule adopted which is hereby rescinded." and ;, FURTHER RESOLVED, that this resolution be laid on the table and the City be authorized and directed to advertise for a public hearing on Wednesday April 17, 1974, at 7:30 p.m. Carried (copy of proposed new rate schedule attached to minutes) PLAN17111JG AND DEVELOPIMTT CM MITTEE: TAX BENEFIT DISTRICT FOR THE ITHACA MALL RESOLUTIO'`T: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that this Common Council accepts and endorses the Tax Benefit Districts for the Ithaca "Tall as proposed by the Board of Public Works at their meeting March 27, 1974. Carried Unanimously ITHACA MALL CAPITAL PROJECT RESOLUTION: By Alderman Jones: seconded by Alderman Barber WHEREAS, the Mall Steering Committee, the Planning, Board, Council's Planning Committee and the Board of Public Works have recommended the earliest implementation of the Ithaca Mall project as designed and prepared for bid by Anton J. rgner, NOW THEREFORE BE IT RESOLVED, that this Common Council establish an Ithaca Mall Capital Project, MD BE IT FURTHER RESOLVED, that the Common Council request the Board of Public Works to proceed with construction of the Ithaca Mall, said construction to be materially completed during the 1974 season, and bids for said project to be taken at the earliest possible date to achieve that schedule. Carried By Alderman Barber: seconded by Alderman Saccucci RESOLVED, that this Common Council agrees to work out with the merchants affected by the construction of the State Street Mall and the parking ramp and Rothschild, satisfactory delivery schedules for their products. Carried Unanimously X48 -4- April 3, 1974 ARCHITECT ANTUN J. EGNER - appeared before Council and commented on the type of co-ordination that would take place during the construction of the Ithaca Mall. MR. JOSEPH COSENTINI - representing the Downtown Businessmen's Association said that all the downtown merchants are delighted with this, we have a Mayor and a Council who are sensitive to merchants needs, and thanked the Mayor and Council for their efforts. ITxLACA PALL BOND RESOLUTION: By Alderman Sc'imidt: seconded by Alderman Boothroyd RESOLVED, that the City Controller be and is hereby authorized to engage the services of City's bond attorneys to prepare a bond resolution in the amount of $1,130,000 to finance a pedestrian mall. A roll call vote was taken which resulted as follows: AYES: 12 - Barber, Boronkay, Boothroyd, Brock, Gutenberger, Jones, Neyer, Nichols, Saccucci, Slattery, Schmidt, Spano ?SAYS: 0 CAtrIr-A ANTOY J. EGNER AND ASSOC. CONTRACT INCREASE RESOLUTION: By Alderman Schmidt: seconded by Alderman Barber RESOLVED, that the contract between the City of Ithaca and Anton J. Ebner and Assoc. be increased by $2,000 for additional work requested. AYES: 11 NAYS: 1 - Boothroyd Carried AUTHORIZATION FOR STOPUNI SEVER CONSTRUCTION RESOLUTION: By Alderman Schmidt: seconded by Alderman Spano 1,FHEREAS, this Common Council has voted to proceed with the Ithaca Mall, and WHEREAS, prior to construction of the Mall it is necessary to build two larger storm sewers, ie So. Cayuga Street, from So. Cayuga, Green St. intersection to the State Street, Cayuga intersection and in the 200 and 300 block of Fast State Street. NOW, THEREFORE BE IT RESOLVED, that tiis Common Council authorizes the Board of Public Tlorks to proceed with the Storm Sewer construction, and BE IT FURTHER RESOLVED, that $16,000 be included in the 1474 City Budget for such expenditure. Carried Mayor Conley commented that tonight unanimously all twelve members of Council have supported the most significant step that this community has taken. 11,1ayor Conley thanked everyone for their support and paid special tribute to Director of Planning II. Matthys Van Cort for his tremendous efforts toward this project. Mayor Conley declared a ten minute recess at 9:20 p.m. The meeting was resumed at 9:30 p.m. LANDMARKS DESIG14ATIOA ST. JAMES METHODIST EPISCOPAL ZION CHURCH: By Alderman Jones: seconded by Alderman Nichols WHEREAS, the Ithaca Landmarks Commission and the Planning Board have recommended landmarks designation for the St. James Methodist Episcopal Zion Church on Cleveland Avenue, NOW BE IT RESOLVED, that this Common Council designate the St. James Methodist Episcopal Zion Church as a historic landmark Carried Unanimously Rev. Foster of St. James Methodist Episcopal Zion Church thanked the Common Council for designating St. James Methodist Episcopal Zion Church as a historic landmark. EIGHT STATION: Alderman Jones commented that the Planning and Development Committee recommended that no funds be allocated at this time for demolition and that other alternatives such as sale of structure in whole or in parts be investigated. By Alderman Jones: seconded by Alderman Meyer RESOLVED, that this matter be referred to the Budget and Administration Committee. Carried CYO PROPERTY: By Alderman Jones: seconded by Alderman Barber WHEREAS, the Common Council must indicate availability an! intent to purchase some replacement land in connection with highway development through west end, NOW BE IT RESOLVED, that Mayor and City Clergy: Its authorized to renew the option for the purchase of the CYO property :for ,the next six months. Carried 2 4 -5- April 3, 1974 RESOLUTION OF INTENT TO E-NGAGE IN MNICIPAL SEPARATION OF PAPER: By Alderman Meyer: seconded by Alderman Schmidt WHEREAS, the nation is involved in a continuing shortage of paper fiber, WHEREAS, hauling the newspaper to the landfill is unnecessary and as it is possible to sell this resource, WHEREAS, it has been proven to be economically feasible in other communities to return this material to the paper cycle, THEREFORE BE IT RESOLVED, that the Common Council request the Board of Public Works to proceed with establishing the most economical means for separation and collection of newspaper. AMENDING ,MOTION: By Alderman Jones: seconded by Alderman Spano RESOLVED, that the original motion be amended by deleting the word establishing and adding "presenting specific recommendations on.. ." Carried The resolution as amended was presented to Council as follocas: RESOLUTION OF INTENT TO &IGAGE IN MUNICIPAL SEPARATION OF PAPER: WHEREAS, the nation is involved in a continuing shortage of paper fiber, WHEREAS, hauling the newspaper to the landfill is unnecessary and as it is possible to sell this resource, WHEREAS, it has been proven to be economically feasible in other communities to �= return this material to the paper cycle, THEREFORE BE IT RESOLVED, that the Common Council request the Board of Public 6jlorlts ZL: to proceed with presenting, specific recommendatiors on the most economical means for separation and collection of newspaper. Carried Unanimously CONTROLLERS REPORT: City Controller Daley reported that the 1973 Annual Report had been completed, and presented copies to Council. By Alderman Schmidt: seconded by Alderman roothroyd RESOLVED, that the 1973 Annual Report be received and accepted. Carried CHARTER AND ORDINANCE COMPfITTEE: Z014ING ORDINANCE - PUBLIC H7ARING: By Alderman Meyer: seconded by Alderman Jones WHEREAS, amendments to the Zoning Ordinance must be referred to the Planning Board before a public hearing can be held by Common Council, and WHEREAS, the following amendments to the Zoning Ordinance have been proposed: 1. Sec. 30.41 B. General Restrictions Amend to read: 1. "All production or processing of materials or substances shall .be enclosed by a fence or other safe barriers for the public safety and visual screening." 2. Sec. 30.25 Front Yard requirement, Col. 11, District Regulation Chart B-4 Zone: change back to: 10 ft. B-2 Zone: change back to: 10 ft. 3. Sec. 30.52 reads - "wrecking yard or junk yard in existence in any residential or business. . .etc.. ." add - ", but this shall not apply to completely enclosed transfer stations for recyclable materials in B-4 Zones." Include in definitions, Sec. 30.3 84.A Transfer Station for Recyclable Materials: Completely enclosed facility for sorting and/or packaging of glass and paper. Further processing of these materials is not allowed in said station. 250 -6- April 3, 1974 4. Zoning Map change on East Dill near the intersection of Lake Street and University Avenue from P to A-3. I4OW THEREFORE BE IT RESOLVED, that the City Clerk be authorized and directed to advertise a public hearing to be held by the Common Council on May 1, 1974, at 7:39 p.m. in Common Council Chambers, 108 East Green Street, Ithaca, New York, to consider for adoption the preceding; amendments to the Zoning Ordinance and to hear persons interested in the amendments, BE IT FURTHER RESOLVED, that such advertisement shall indicate that copies of the amendments will be available in the office of the City Clerk for public review commencintr April 4, 1974, and until the effective date of passage of the revised Zoning Ordinance, BE IT FURTHER RESOLVED, that the City Clerk of the City of Ithaca be, and he hereby is authorized and directed to advertise at least 15 days prior to the hearing date in the Ithaca Journal for the public hearing E IT FURTHER RESOLVED, that the City Clerk send the amendments to the Planning Board for their recommendation and be directed to send a copy of this notice to: The Clerk of the Toi-m of Ithaca, The Clerk of the Board of Representatives, The Clerk of the Village of Cayuga Heights, Tompkins County Planning Department, The Finger Lakes State Park Commission. Carried LOCAL LAW NO. OF THE YEAR 1974 CITY OF ITHACA A LOCAL LAW GENERALLY AMMI.TDI NG AND REIINUMIERING THE ITHACA CITY CHAPTER. BE IT ENACTED by the Common Council of the City of Ithaca as follows; SECTION 1. The P°Ithaca City Charter" enacted by Chapter 503 of the Laws of 1903 and as amended from time to time is hereby amended to read as follows: (copy attached to minutes) By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that this resolution be laid on the table. Carried , LOCAL LAW 110. OF TIM YrAR 1574 CITY OF IMACA A LOCAL LAW AMENDING 8 5.50 OF THE ITHACA CITY CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Section 5.50 of the "Ithaca City Charter enacted by Chapter 503 of the Laws of 1903 and as last amended by Local Law Fo. of the year 1974, is hereby amended to read as follows: 8 5.50 LII'iITATIOTTS ON PENALTIES FOR VIOLATION OF RULES AND REGILTLATIONS; ACTIMT TO RECOVER PENALTY The board may prescribe penalties, not exceeding fifty dollars for the violation of any of the rules and regulations adopted by it in any of its departments, which rules and regulations, when regularly adopted, may be enforced by action brought in the name of the City of Ithaca, and the amount so recovered shall be paid to the city chamberlain, and be credited to the department to which the moneys so recovered properly belong. No action shall be brought to recover any penalty for violation of any such rule or regulation unless a notice generally describing same shall have been published at least once in the official newspaper of the City of Ithaca prior to such violation. SECTION 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provisions of section twenty-four of the Municipal Home Rule Law. By Alderman Slattery: seconded by Alderman Barber RESOLVED, that this resolution be laid on the table. Carried -7- April 3, 1974 AMEIIDMENTS TO SECTION 4-5 and 4-6 OF CITY C7A7,TER,, LOCAL LAW 11R)MBER 3 OF THE YEAR 1974 CITY OF ITHACA A LOCAL LAW AMENDING 8 4-5 OF THE ITHACA CITY CHARTER BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Section 4-5 of the "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as last amended by Chapter 513 of the Laws of 1921 is hereby amended to read as follows: Sec. 4-5 Percentage additions to unpaid taxes. Any amount of such tax paid before the expiration of the first period above specified, shall be received by the City Chamberlain without percentage addition. On all taxes unpaid at the atpiration•of the first period, two per centum shall be added and collected up to and including August fifth. On all taxes remaining unpaid after �} August fifth there shall be added and collected four per centum up to and including, r September fifth. On all taxes remaining unpaid after September fifth there shall be added and collected six per centum. All such percentages shall be collected and added to the funds of the City. W SECTION 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provisions of the Municipal Home Rule Law. LOCAL LAW IMBER 4 OF T117 YEAR 1974 CITY OF ITHACA A LOCAL LAW AMENDING 9 4-6 (c) OF T!iE ITHACA CITY CHARTER BE IT EIIACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Section 4-6 (c) of the "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law No. 1 of the Laws of 1926, is hereby amended to read as follows: Sec. 4-6 (C) Redemption. The owner of any interest in the premises sold may redeem said premises from said tax sale at any time within one year from the date of sale by paying to the City Chamberlain of the City of Ithaca for the benefit of the owner of said tax certificate the amount bid as hereinbefore provided, plus ten per centum. After one year ,of said tax sale, the amount bid as hereinbefore provided plus twenty per centum. SECTION 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provision of the Municipal Home Rule Law. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that these resolutions be laid on the table. Carried SWIMMING POOL ORDINANCE: Alderman Slattery reported that his committee was working on the ordinance. PART TIME ATTORNEY: By Alderman Schmidt: seconded by Alderman Boothroyd WHEREAS, it has been further determined that the retention of a full-time city attorney is not in the best interests of the City of Ithaca, NOW THEREFORE BE IT RESOLVED 1. That sections 8 and 9 of the resolution passed by this Common Council on December 12, 1973, pertaining to the establishment of a full-time city attorney position be and the same hereby is rescinded. 2. That the Mayor is hereby authorized to retain legal assistance for the City of Ithaca for the period of May 1, 1974 to December 31, 19759 252 -8- April 3, 1974 3. That said legal assistance shall, take the formk pf, a,_q:LAgle attorney currently practicing his or her profession'-Yn' ihe Ci y of Ithaca'; 4. That said attorney shall maintain regular office h6uii; in City Hall on a regularly scheduled basis for three half days per week. The specific days to be held shall be' at the direction of the' Mayor. The attorney shall attend all Common Council and Board of Public Works meetings and such other additional Council Committee meetings as requested by committee chairman. The attorney also shall perform other legal matters for tie City as deemed appropriate by the,21ayor 5. . That the said attorney shall be paid a retainer of $20,000' pei annum for the services specified in paragraph 3 and Section 2-1,4 of the City Charter. All ,reimbursable expenses,' legal' costs, disbursements,, and travel expenses incurred by the said attorney shall be 'paid by the City upon receipt of verified vouchers. 6. That either party may terminate the agreement upon 30 days written notice to the other party. 7. That the terms of the agreement as set forth above shall be reduced to a written Retainer Agreement expressing 'the terms and conditions of the resolution to be �signed by the attorney so retained and 'by the Mayor of the City of Ithaca who is hereby authorized to sign such a Retainer Agreement upon behalf of the City. Carried HUMAN SERVICES COMMITTEE: ABANDONED VEHICLES: By Alderman Nichols: seconded by Alderman Boothroyd BE.-IT RESHVED, that this Commoni"Council declares that it will not be"responsible for storage and towing charges in excess of one hundred dollars ($100) for any vehicle abandoned within the City of Ithaca and that said vehicles dte io be disposed of as promptly as possible under the laws of the State of New York. Carried By..Alderman''Nichols: seconded by Alderman Boothroyd , BF IT RESOLVED, that, the Intergovernmental Relations Committee is .requested to; meet with the representatives of other concerned governments to explore the possibility, of; donstructing a storage area for abandoned vehicles. a 8; Carried DOG ENUMERATOR: By Alderman Nichols: seconded by Alderman Boronkay, RESOLVED, that the Common Council of the .City of Ithaca, New York, hereby elects to cause the-dog census for the 'gear 1975 to be made by enumerators instead of by its Police De0artment' during the month of October 1974; and that the' City Clerk be directed to file a certified copy of thi4 'res0iuii6n with .New York State Department of Agriculture and Markets, Albany, New York, on or before June 1, , 1974. Carried ;POLICE CO11MI$SIdNER SPECIFICATIONS: Alderman Nichols reported that a document was received54faom''the`Police Commissioners that they have done some work on outlinging the' specifications and duties that they feel they have. Alderman Nichols- said her committee feels that it needs more discu&sion and there will be a meeting *ith Police Commissioners during the month of April.. •DOG CONTROL:-` Alderman Nichols reported that 'there will be a meeting on' Dog Control with the SPCA. ' BUDGET AND ADMINSTRATION COMMITTEE: " RYAN WRECKER INVOICE FOR TOWING AND STORAGE CHARGES $416: By Alderman Schmidt: seconded by Alderman Boothroyd r RESOLVED, that the Ryan Wrecker Service invoice .in the amount of $416 be approved Al for payment. Carried ADDITIONAL ASSISTANT FIRE CI?IEF POSITIOA% By Alderman Schmidt: seconded by Alderman Brock RESOLVED, that additional Assistant Fire Chief position be included on the Fire Department roster aund thelefost of said position be included in the .Final Budget for 1974. Carried 25 ' -9- April 3, 1974 CORTRACT WITH THE TOPq'KINS COUNTY SENIOR CITIZrNS: By Alderman Schmidt: seconded by A erman Spano RESOLVED, that the Mayor and City Clerk be authorized and directed to execute a contract for services with the Tompkins County Senior Citizens for an amount not to exceed $6,000. Carried CONTRACT WITH THE TO11'YINS COU14TY CHAMBER OF COPRIERCE: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that the Hayor and City Clerk be authorized and directed to execute a contract for services with the Tompkins County Chamber of Commerce for an amount not to exceed $5,000. Carried RAYMOND DIPASQUALE AND ASSOC., INC. INVOICE: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the Raymond DiPasquale and Assoc. , Inc. invoice in the amount of $946.52 be approved for payment. Carried AGREEMENT WITH TO11PKI1AVS COUNTY FOR COMITY FIRE. DISPATCHERS: By Alderman Schmidt: seconded by Alderman Brock RESOLVED, that the Mayor and City Clerk be authorized and directed to execute an agreement with Tompkins County for Fire Dispatcher services. Carried ANTON EGNER & ASSOCIATES INVOICE: By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, that Anton_J. Egner & Associates Invoice in the amount of $13,100 be approved for payment. Carried AUDIT: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $33,421.67 as listed on Audit Abstract #3-1974 be approved for payment. Carried NEW BUSUTESS Alderman Saccucci made the following comments; "While most of our Senior Citizens today live on fixed income and on Budget Plans and live at a time when the cost of living is slay high, they seem to be very much co rned about their future on real property tax exemption. In u4ew of this situation, they are asking this Municipal Governing Body to seriously tons*der their status and very humbly are asking this Council to enact an ordinance that would allow persons 65 years of age and older to earn $6,000 instead of the presently $5,000 annually and still be eligible for the partial real property tax exemption. For your information the N. Y. S. Real Property Tax Law recently approved by our State Legislation, permits local municipalities at their own discretion to enact ordinances such as the one that I am presenting. Therefore, I move that this request be referred to the Charter & Ordinance Committee of this Council for consideration.P1 By Alderman Saccucci: seconded by Alderman Spano RESOLVED, that this request be referred to the Charter & Ordinance Committee for consideration. On a motion the meeting was adjourned at 10:41 p.m. f j. ��if.i .•^` '� • .��;r , %':.fir. r'.%i�.l,/,/1"'.�-/�-'. �/'/` �,,/-G!�, Josbph A. Rundle, City Clerk Edward J,/j Conley, Mayor: f,, 254 COMMON COUNCIL PROCEEDINGS CITY OF IV.TACA, NNEtI YORK: Special Meeting April 17, 1974 Common Council went into Executive Session from 7:00 p.m. to 7:45 p.m. At 7:45 p.m. Council adjourned from Executive Session and stated Common Council meeting. PRES DIT: Mayor - Conley Aldermen (11) - Barber, Boronkay, Boothroyd, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano ABSENT: Alderman (1) - Brock PRESENT: Attorney for the City - Shapiro Building Commissioner - Jones City Controller - Daley Urban Renewal Director - Brown Coordinator-Youth Director - Cutia Supt. of Public i•Iorks - Dingman Fire Chief - [leaver Police Chief - Herson Plannintr Director - Van Cort City Clerk - Rundle All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. All present remained standing for a moment of silent prayer in memory of John Bangs, a departed Alderman. RESOLUTION - JOHN BANGS: By Alderman Slattery: seconded by Alderman 7 3arber WHEREAS, this Common Council wishes to express its deep sorrow at the untimely death of John Bangs and WHEREAS, john served the City of Ithaca and this Common Council faithfully as an Alderman for three terms and WHEREAS, John's friendship and service to members of this Council and the community have been deeply appreciated and will be greatly missed 1-;OW THEREFORE BE IT RESOLVED, that this resolution of bereavement be spread upon the minutes of this meeting and a copy thereof be transmitted to his family. Carried PUBLIC HEARING - TAXICAB RATE INCREASE: Mayor Conley opened the public hearing. No one appeared to speak at the public hearing. By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, that the public hearing be closed. Carried TAXICAB RATE INCREASE RESOLUTION: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the City of Ithaca Code of Ordinances - Section 22-9 Rates be amended 'as follows: (1) Taxicab zones and rates: "dated July 2, 1973, and signed by the City Clerk, thereby replacing the previous schedule adopted by ordinance no. 1-1970, dated 4Jl/70, which is hereby rescinded" be deleted and replaced by 'dated April 3, 1974, and signed by the City Clerk, thereby replacing the previous map and schedule adopted which is hereby rescinded." A roll call vote was taken which resulted as follows: AYES: (11) Barber, Boronkay, Boothroyd, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano NAYS: (0) ABSENT:(1) Brock Carried ADDITIONS TO THE AGE'?dDA: PLANNM A DEVELOPMENT COD14ITTEE: Alderman Jones requested that three resolutions on 20.�`*aar bonding be added to the agenda. No objections were made. 11M,W4 SERVICES COMITTEE: Aldermah Nichols requested that a resolution on the Fire Chief's 7teport be added to the agenda. No, 66jections were made. 2 � r -2- April 17, 1974 C012 UNICATIONS: LETTER FROM TOMPKINS COMITY DEETTAL SOCIETY: City Clerk Rundle read the following letter: Edward Conley Mayor, City of Ithaca Ithaca, New York 14850 Dear Mayor Conley: As president of the Tompkins County Dental Society, I receive a multitude of questions on the issue of fluoridation. As you probably know, we in the Dental Society are in unanimous support of systemic fluoridation of the water supply, however, this has not seemed to be a factor in city decision-making. We do not want to rekindle this issue if it may tend to disturb the chances of community fluoridation in the future, but I would appreciate any information on the progress, if any, in this matter. Cordially, Leo R. Cacciotti, President Tompkins County Dental Society By Alderman Boothroyd: seconded by Alderman Ilichols RESOLVED, that the Council ask the Board of Public Works to submit to Council effects from an operational standpoint, and what it might cost the City, and that the Common Council consider this letter and deal with it as a committee of the whole. Carried Mayor Conley commented that he planned to call an open committee meeting early in May 1974 to consider this letter. LETTER FROM RICHARD MULVEY, ATTORN`?Y: City Clerk Rundle read the following letter: Martin A. Shapiro, Esq. City Attorney Ithaca, New York Re: Neish v. City of Ithaca Dear Marty, I think the time is due when the Council should seriously consider obtaining other insurance coverage so that citizens and those wronged by the City will not be put to the frustration and inconvenience the present carrier caused Dr.Neish. In essence, this claim arose when Dr. Neish drove his black colored automobile over Triphammer Bridge. Unfortunately, the City or its contractor gave the car a coat of green paint because, at that point in time, the bridge was being spray painted. There were no signs indicating such nor were efforts apparently sufficient to avoid damaging cars using the bridge. Dr. Neish presented his proof of the loss to the City and filled out a notice of claim form. He tells me the city employees were courteous. The claim was rejected by the City's insurance carrier and he was required to seek an attorney to collect. We commenced an action and the claim was turned over to the carrier. Mather than either pay the claim or defend it, which was their choice, the carrier chose to further inconvenience Dr. Neish by requiring him to take a default judgment before a Supreme Court judge. You are aware of the paper work and proof involved in taking a default judgment. Of course, this simple case would also add to the court's work load. As proof of the above, I am enclosing a copy of the letter I received in this matter from General Acccident dated April 9th. The City pays high premium costs and it is my opinion it should receive better treatment for its money. Very truly yours, Richard I. Mulvey By Alderman Boronkay: seconded by Alderman Barber RESOLVED, that this matter be referred to the Budget and Administration Committee. Carried 256 -3- April 17, 1974 COMP4UNICATIOPIS FROM THE k4AYOR: Mayor Conley reported that the Rothschild-Caldwell Project closing was scheduled to start April 18, 1974. The 14ayor reported that the closing on the finances in New York have been completed. Mayor Conley commented that ground breaking ceremonies would be announced later. City Clerk Rundle read a letter from Mr. Richard D. De5ilva of Owego, 7.Y. expressing; his thanks to the City for their efforts in the past on the Marina. PERSONS APPEARING BEFORE COUNCIL: ALVIN KNEPPER - 100 Fairview Square - appeared before Council. Mr. Knepper said last fall he brought up with various other people the question of a housing ordinance. Mr. Knepper said he worked very hard with Mr. Stein and various other people, the landlords,ITU, etc. Mr. Knepper said that somehow this ordiance has been lost and they have not heard anything about it. Hr. Knepper said at that time many people felt that this was very urgent and very important. Alderman Slattery reported that the housing Ordinance has been completed and passed on to. the Geneva Municipal Consultants and that they are incorporating the final version of the Housing Ordinance into our complete set of Charter and Ordinances. PAULINE DARRUETT - 226 Fallview Terrace - appeared before Council and spoke in opposition to an increase in property taxes. Mrs. Darrett felt that if anything her taxes should be reduced. ATTORNEY FOR TIIE CITY REPORT: WILSON SUIT: Attorney Shapiro reported that the 7ilson Suit won by the City in Supreme Court is now being appealed. BOARDMAN HOUSE SUIT: Attorney Shapiro reported that the Boardman House Suit is still pending. Attorney Shapiro reported that he received a communication from Professor Roberts wherein he pointed out a Maryland Court case which was very much in point in supporting the city's position in the matter. Mr. Shapiro felt it was incumbent upon him to point the decision out to the Judge which he has done. CONTROLLERS REPORT: 1974 BUDGET: Controller Daley presented the proposed 1974 Budget. A working session of Council will be held next week. The Controller reported to Council that the 1974 Budget has to be passed May 1, 1974. CHARTER AND ORDINAPdCE CO10IITTEE: By Alderman Boronkay: seconded by Alderman Boothroyd RESOLVED, that the resolutions amending the Ithaca City Charter be lifted from the table. Carried LOCAL LAW NO. 1: By Alderman Slattery: seconded by Alderman Boronkay LOCAL LAW NO. 1 OF THE YEAR 1974 CITY OF ITHACA A LOCAL LAW GENERALLY AMENDING kND RENUMBERIdG THE ITHACA CITY CHAPTER BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. The "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as amended from time to time is hereby amended to read as follows: (copy attached to minutes) A roll call vote was taken which resulted as follows: AYES: (11) Barber, Boronkay, Boothroyd, Gutenberger, Jones, Meyer, ;Iichols, Saccucci Schmidt, Slattery, Spano NAYS: (0) ABM-TT: (1) Brock Carried Approved by me this 7th day of May, 1974 and designated Local Law #1, 1974 vQr. City bf It ara 04 -4- April 17, 1971 LOCAL LAW 140. 2: By Alderman Slattery: seconded by Alderman 3oronkay LOCAL LAW No. 2 OF THE YEAR 1974 CITY OF ITHACA A LOCAL LAW AMENDING 9 5.53 OF THE ITRACA CITY CHARTT R. BE IT ENIACTED by the Common Council of the City of Ithaca as follows: SECTIO11.1 1. Section 5.50 of the "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law No. 1 of the year 1974, is hereby amended to read as follows: g 5.50 LIMITATIONS ON PPIALTIES FOR VIOLATION OF RULES AND REGULATI0NS; ACTION' TO RECOVER pENALTy The board may prescribe penalties, not exceeding fifty dollars for the violation of any of the rules and regulations adopted by it in any of its departments; which rules and regulations, when regularly adopted, may be enforced by action brought in the name of the City of Ithaca, and the amount so recovered shall be paid to the city chamberlain, and be credited to the department to which the moneys so O recovered properly belong. No action shall be brought to recover any penalty for violation of any such rule or regulation unless a notice generally describing same shall have been published at least once in the offical newpaper of the City of Ithaca prior to such violation. SECTION 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provisions of section twenty-four of the Municipal Home Rule Law. A roll call vote was taken which resulted as follows; AYES: (11) Barber, Boronkay, Boothroyd, Gutenberger, Jones; Heyer, i!ichols, Saccucci, Schmidt, Slattery, Spano JAYS: (0) ABSENT:(l) Brock Approved by me this 7th day of May, 1974 and designated Local Law #2, 1974E tied LOCAL LAW NO.3: By Alderman Slattery: seconded by Alderman Sch. yor, ity t ac LOCAL LAW 110. 3 OF THE YEAR 1974 CITY OF ITHACA A LOCAL LAW AMENDING g 4-5 OF THE ITHACA CITY CHARTER BE IT ENACTED by the Common Council of the City of Ithaca ,as follows: SECTION 1. Section 4-5 of the "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as last amended by Chapter 513 of the Laws of 1921 is hereby amended to read as follows: Sec. 4-5 Percentage additions to unpaid taxes. Any amount of such tax paid before the expiration of the first period above specified, shall be received by the City Chamberlain without percentage addition. On all taxes unpaid at the expiration of the first period, two per centum shall be added and collected up to and including August fifth. On all taxes remaining unpaid after August fifth there shall be added and collected four per centum up to and including September fifth. On all taxes remaining unpaid after September fifth there shall be added and collected six per centum. All such percentages shall be collected and added to the funds of the City. SECTION 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provisions of the Municipal Home Rule Law. Attorney Shapiro reported that Local Law #3 and Local Law #4 were laid on the table pursuant to the provisions of the Municipal Home Rule Law and were mailed out to the Aldermen. 258 -5- April 17,. 1975 A roll call vote was taken which resulted as follows: AYES: (10) Spano, Boronkay, Boothroyd, Gutenberger, Jones, Meyer, 'lichols, Saccucci Schmidt, Slattery i,IAYS: (1) Barber ABSENT: (1) Brock Approved by me this 7th day of May, 1974 designated Local Law #3, 1974 Carried LOCAL LAW NO. 4: By Alderman Slattery: seconded by Alderman Se;.imat-;M,-ally-013r-,—C'ltf of Ith ca LOCAL LAW 1d0. 4 OF T1HE YEAR 1974 CITY OF ITiIACA A LOCAL LAW M ENDI?'G 8 4-6 (c) OF THE ITHACA CITY CHARTER BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Section 4-6 (c) of the "Ithaca City Charter" enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law No. 1 of the Laws of 1926, is hereby amended to read as follows: Sec. 4-6 (C) Redemption. The owner of any interest in the premises sold may redeem said premises from said tax sale at any time within one year from the date of sale by paying to the City Chamberlain of the City of Ithaca for the benefit of the owner of said tax certificate the amount bid as hereinbefore provided, plus ten per centum. After one year of said tax sale, the amount bid as hereinbefore provided plus twenty per centum. SECTIOO 2. This local law shall take effect upon its being duly filed in the Office of the Secretary of State subject to the provision of the Municipal Biome Rule Law. A roll call vote was taken Ohich resulted as follows: AYES: (11) Barber, Boronkay, 7oothroyd, Gutenberger, Jones, Meyer, 'Iichols, Saccucci, Schmidt) Slattery, Spano WAYS: (0) - ABSENT: (1) Brock Approved by me this 7th day of May, 1974 designated Local Law #4, 1974. Carrie SWIMMING POOL ORDINANCE: Alderman Slattery presented an ordin a reg P, u a ' Mayor, ity fencing of private swimming pools. of thaca By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that the ordinance regulating fencing of private swimming pools be accepted as presented. AMENDMENT TO SWIMMING POOL ORDINANCE: Alderman Saccucci requested that section 3 Enclosure be amended by changing 40 inches to 48 inches. By Alderman Saccucci: seconded by Alderman Meyer RESOLVED, that section 3 Enclosure be amended to read as follows: "Every permanent swimming pool shall be completely enclosed by a good quality, sturdy fence, not less than forty eight (48) inches". ..etc. .. AYES: {10) NAYS: (1) Boothroyd Carried The Swimming Pool Ordinance as amended was presented to Council as follows: AN ORDINANCE REGULATING FENCING OF PRIVATE SWIt*aNG POOLS Be it enacted by the Common Council of the City of Ithaca as follows: 2.5� -6- April 17, 1974 Section 1. Statement of Legislative purpose. The Common Council of the City of Ithaca recognizes that the regulation of the establishment, construction, maintenance and operation of private swimming pools is a matter of public importance primarily as is concerns the problems of safety. This ordinance shall be read and construed, having regard to this statement of purposes. Section 2. Definitions. A. Swimming Pool. The term f9swimming pool's means any private pool of water (excluding natural bodies of water fed by rivers, streams, or brooks, or any brook, river or natural pond or lake), or receptacle for water having depth at any point greater than two feet, used or intended to be used for swimming or bathing or wading, and constructed, installed or maintained in or above the ground, outside any building. F. Permanent cool. Any private swimming pool of permanent construction used by any person for swimming.,, bathing or wading. C. Portable pool. Any above surface type private swimming pool, not stationary or fixed, capable of being removed for storage, and used by any person for swimming, bathing or wading. U. Fence. An enclosure maintained in good condition for the purpose of resisting any attempt by children or animals from entering the pool area. Section 3. Enclosure. Every permanent swimming pool shall be completely enclosed by a good quality, sturdy fence, not less than forty eight (48) inches in height with all gates, doors or openings through such enclosure equipped with self-closing and self.-latching devices designed to keep, and capable of keeping, such gates, doors or openings securely closed and locked at all times when not in actual use, or a type device approved by the building commissioner of the City of Ithaca. Above grade swimming pools wit?i deck shall have a railing around the deck, shall be equipped with a lockable security gate at the bottom of the steps with self-closing and self-latching devices designed to keep, and capable of keeping; any gates, doors, or openings securely closed at all times and locked when not in t4se. All new permanent swimming pools shall be fenced before filling and prior to using same. All existing permanent pools shall be fenced within ninety days after the enactment of this ordinance. Section 4. Erection and Use Permits. No permanent or portable swimming pools shall be erected or used upon any parcel of property* in the City of Ithaca until an application has been made to the building commissioner's office for the erection and use permits and said permits have been issued with the required fees paid therefor. The fee for the erection permit shall conform to the building code of the City of Ithaca. The charge for a use permit shall be ten (10) dollars. Fees under this ordinance may be amended from time to time by resolution of the Common Council of the City of Ithaca. There shall be no charge or fee for pools in existence at the time this ordinance is adopted, provided tae owner complies with the provisions of section three, and further files with the building commissioner within ninety (90) days after enactment of this ordinance a sworn statement that such pool was in existence prior to the date hereof. In default thereof, the owner shall be required to apply for an erection and use permit and comply in all respects with this ordinance. Section 5. Prerequisite for Building and Use Permit, and Renewal of Use Permit. An application shall be made for the erection and/or use of any permanent or portable swimming; pool on forms supplied by the building commissioner on which the applicant shall supply such information requested by the building commissioner and in all cases there shall be attached to the application a sketch or, when required by the building commissioner, a survey by a New York State licensed surveyor or engineer, showing the location of the pool; the design and dimensions of the pool, and required safety precautions. Such application and plans shall have affixed thereto the signature of the owner of the premises or by the agent of the owner, duly authorized to act for said owner, in writing. 260 -7- April 17, 1974 Upon completion of the erection of any type swi ning pool, ,the .,40011cant for the erection permit shall apply- to the building commissioner 0 use permit. The building inspector shall inspect the pool and upon satisfactoxy., roof of its completion in accordance with this ordinance, and any other app lf'le laws, ordinances, or regulations applicable thereto, he shall issue the ftse permit. This permit shall remain in effect for a two year period from date of issuance provided that safety regulations outlined in this ordinance are properly in effect during this period of time. On or before the date of expiration of the use permit, the owner must apply for a renewal of the use permit. a, An inspection of the pool shall be made by the building commissioner, and upon his determination that the safety requirements set forth in this ordinance are properly.in effect, shall issue a new use permit. The fee for renewal shall be ten (10) dollars and the renewed use permit shall be in effect for a two year period from the date of issuance provided that safety regulations set forth in this ordinance are properly in effect during; this period of time. Upon expiration of the use permit or non compliance with the provisions of this ordinance, the pool must be drained and remain drained until a new use permit has been issued. Seet`lon 6. Enforcement. This ordinance shall be enforced by the building commissioner of the City of Ithaca. Section 7. Penalty for Violation. Any person or persons, firm, association or corporation, or agent thereof, who shall fail or refuse to comply with any of the provisions of this ordinance, shall be guilty of a violation and, upon conviction, shall be fined in the sum of not less than fifty (50) dollars nor more than one hundred (100) dollars. Each and every week that such violation continue$, shall constitute a separate violation. Nothing herein contained shall be construed to deprive the City, or its Common Council of any other available remedy. Section 3. Separability. , If any clause, sentence, paragraph or section of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which said judgment shall have ,, been rendered. Section' 9. Effective Date. This ordinance shall take effect immediately upon its adoption and filing. Section 10. Variances. The building commissioner of the City of Ithaca reserves the right to vary-or modify any of the afdresaid regulations under Section Four where he finds, after written request from the owner, that there are unusual circumstances resulting in practical difficulty or unnecessary hardship which would deprive the owner of reasonable use of his land; and where the building commissioner further finds that the situation does not require the strict application of this ordinance and that the variance granted will result in preserving the spirit of this ordinance as well as securing the safety, and general welfare of the City. Carried Unanimously HUMM SERVICES COMt4ITTEE: 1973 &,TNUAL REPORT OF FIRE DEPART14E T: By Alderman Nichols: sttWided by Alderman Barber WHEREAS, the annual report of the Ithaca Fire Department for the year 1973 has been received and distributed, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby acknowledge and accept the report of the Fire Department and instruct the City Clergy: to place the report in the official files of the City. . Carried 2 _ -`3- April 17, P74 PLANNING AND DEVELOPMT COI AITTEE: "701 PROPOSAL: No recommendation at this time 20 YEAR BONDING RESOLUTIO7S: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, legislation which will permit the City to bond the Ithaca Mall Project over a period of 2n years has passed the l;ew York State Assembly, NOW BE IT RESOLVED, that this Common Council express its gratitude to Assemblywoman Constance Cook for her help in obtaining the passage of the dew York State 20 year bonding, legislation, AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Assemblywoman Constance Cook. Carried By Alderman Jones: seconded by Alderman Boronkay WHEREAS, legislation which will permit the City of Ithaca to bond the It?-,aca ?Mall Project over a period of 20 years has passed the 71ew York State Senate. 1101-1 BE IT RESOLVED, that this Common Council expresses its gratitude to Senator William T. Smith for his help in obtaining the passage of the New York State 20 year bonding legislation, AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Senator William T. Smith. Carried By Alderman Jones: seconded by Alderman Boronkay s: ERIEREAS, legislation for a 20 year bonding period has passed by the T'ew York State Assembly and Senate, :10W BE IT RESOLVED, that this Common Council respectfully urges Governor Wilson to sign Senate Bill #8732 Amendments to th,..� Local Finance Law which relates to 20 year bonding, the 20 year bonding legislative bill as soon as possible, AND BE IT FURTHER RESOLVED, that a copy of t`Ais resolution be sent to Governor Wilson immediately. Carried BUDGET AIJD ADI-IINISTRATIO:' C0111ITTEE: DESIGITATION OF ?•'IARRIAGE LICENSE CLE^JK*S: The Clerk requested Council approval of his designation of 'dolly J. W. Beardsley and Bonnie Steinberg as Marriage License Clerks to receive applications for, examine applications, investigate and issue marriage licenses in his absence or inability to act. By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, that the Clerk's designation of Molly J. W. Beardsley and Bonnie Steinberg as Marriage License Clerks be approved. Carried Alderman Schmidt reported that a Budget 'Dorking Session will be held Thursday, April 25, at 7:30 p.m. in Common Council Chambers. On a motion the meeting was adjourned at 9:15 p.m. Joseph A. R-andle, City Clerk Edward J. ey, Mayor 262 COMt1014 COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. May 1, 1974 PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano OTHERS PRESENT: Attorney for the City - Shapiro Planning Director - Van Cort City Controller - Daley Coordinator-Youth Director - Cutia Building Commissioner - Jones Police Chief - Herson City Clerk - Rundle PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Acting Mayor Schmidt in the Pledge of Allegiance to the American Flag. MINUTES: Acting Mayor Schmidt asked for approval of the minutes of the April 3 and April 17, 1974, meetings. By Alderman Spano: seconded by Alderman Barber RESOLVED, that the minutes of the April 3 and April 17, 1974, meetings be approved as recorded by the City Clerk. Carried ZONI14G AI1ENDMENT RESOLUTION: By Alderman Meyer: seconded by Alderman Jones WHEREAS, the Common Council has heretofore adopted a new zoning ordinance for the City of Ithaca, and WHERE AS$ certain minor items with respect to the new zoning ordinance have not been tally resolved at the time the new zoning ordinance was enacted, and WH-gREAS, these matters have now been fully considered and all proper procedures with respect to enactment of the zoning ordinance amendments have been carried out, NOW THEREFORE BE IT RESOLVED, that the zoning ordinance of the City of Ithaca be and the same hereby is amended as follows: Sec. 30.41 B. General Restrictions Amend to read: 1. "All production or processing of materials or substances shall be enclosed by a fence or other safe barriers for the public safety and visual screening." Sec. 30.25 Front Yard requirement, Col. 11, District Regulation Chart B-4 Zone: change back to: 10 ft. B-2 Zone: change back to: 10 ft. Sec. 30.52 reads - "wrecking yard or junk yard in existence in any residential or business. . . etc.. ." add - ", but this shall not apply to completely enclosed transfer stations for recyclable materials in B-4 Zones." Include in definitions, Sec. 30.3 84.A Transfer Station for Recyclable Materials: Completely enclosed facility for sorting and/or packaging of glass and paper. Further processing of these materials is not allowed in said station. Change the area on Lake Street and University Avenue from P to R-3 for the City of Ithaca. Alderman Meyer gave a brief explanation of each change. 264 -2- May 1, 1974 Acting Mayor Schmidt opened the public hearing. ALLEN WOOD - 127 Linn Street appeared at the public hearing and read the following letter: Mayor Edward Conley Ithaca Common Council Ithaca, New York Dear Sirs and Mesdames, Now before Common Council is a proposal to change the zoning on a parcel of land at the corner of Lake Street and University Avenue. The land is presently owned by Cornell University and is zoned P 1. The proposal is to change the zoning of this land to R 3, in order to facilitate sale of the land to a developer who wishes to build an apartment house on it. Until a few months ago, we were near neighbors to the land in question, and our experience living in the area leads us to oppose this change in zoning. We feel C strongly that Common Council should not act hastily in this matter, and we urge you at least not to approve the zoning change at your next meeting. Twice in the past five years this land has been the subject of controversy between W Cornell and the residents of the neighborhood. Several years ago, Cornell°s Planning Department intended to build a parking lot on this land, and on some land on the other side of University Avenue. Their plan had not gone through the proper procedures within Cornell, and it was of dubious legality as well. The plan became a subject of heated controversy both inside the Cornell community and between Cornell and the neighbors to the land in question. The Planning Department for a time held stubbornly to its intention, but through overwhelming pressure both from within Cornell and outside it, the Department was finally forced to abandon its plan. Sometime later, Cornell desired to turn the area now in question into a parking lot, to be leased to the Ithaca Gun Company. Somewhat chastened, no doubt, by the outcome of the earlier controversy, Cornell officials decided to consult with the neighbors before proceeding with this new plan. A meeting was held, and there was a frank but not unfriendly discussion of the plan. The neighbors decided that they did not want Cornell to turn the land into a parking lot for Ithaca Gun. Cornell officials agreed to abide by the neighbors' wishes on this, and they agreed also to rope the area off so that it could not continue to be used illegally as a parting lot. This latter commitment, however, was never fulfilled. Cars are still parked in the area, and Cornell has made no effort to stop them, even though the situation has since been brought to their attention. We relate this history in order to provide evidence that there are a number of individuals who are very much concerned with the use made of this property, and who have consistently expressed their concern in the recent past. At the time of the last neighborhood meeting, it was agreed that lines of communication concerning the use of this land would be kept open between Cornell and the neighborhood group. We were both members of this group, and Rega Wood was its Chairman. We were not informed by Cornell of its intention to sell the land, nor were we -told of its intention to have the land re-zoned. The closest neighbors to this land did not know of anyof this until very recently, and many of them may still not know. We believe that Common Council should hear what these residents have to say before making a decision on the proposal to re-zone the land. There are a number of reasons why we think the land ought to be zoned P 1 rather than R 3. One is the traffic situation. Anyone familiar with the corner of University Avenue and Lake Street knows that this is a hazardous intersection, with poor visibility and a complicated traffic situation. It is a very hazardous to have cars entering and leaving University Avenue or Lake Street from the land in question (this is one reason why the neighbors did not want a parking lot there) . If the land is to be used as the site for an apartment building, this hazardous situation will be inevitable. Secondly, the parking situation in the area is a problem. Because of the nature of the area, lying as it does on the slope of East Hill, almost none of the original homes were provided with off-street parking. Because of the rapid increase in the number of rooming-houses and apartment buildings in the area, and because of the proximity to Cornell and Ithaca Gun, residents of the area frequently find it a problem to park. Another apartment building or rooming house will only aggravate the situation. Finally, there are aesthetic .considerations. The land -3- May 1, 1974 is admirably located for a small park, and the neighborhood residents would, we think, prefer it to be used in this way. , It seems to us that the disposition of this land will determine whether the neighborhood becomes a pleasant residential area or an area of overcrowding and urban congestion. The concern of area residents with these and other problems involving land development was doubtless an important factor in the decision to zone the area P 1. We believe it would be both unfair and unwise for Common Council to rezone the area in the face of those considerations and without giving the residents of the area an adequate chance to. make their case for the present zoning. Youzs very truly, t Allen and Rega Wood JOAN L&HR - 102 Willard Way appeared at the public hearing and asked Council to table change No. 4, because of the hazardous traffic conditions it would create and childrens safety. RAYMOND LOEHR - 102 Willard Way spoke against change No. 4. JOHN BARNEY, ATTORNEY - appeared for Mark Haag and spoke in favor of change No. 4. Mr. Barney said his client has been negotiating with Cornell for over a year to purchase this property, and asked Council to pass the resolution. By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, that the public hearing be closed. Carried AKMiDME7iTT NO. 1: By Alderman Meyer: seconded by Alderman Jones RESOLVED, that Sec. 30.41 B. Restrictions be amended to read: 1. "All production or processing of materials or substances shall be enclosed by a fence or other safe barriers for the public safety and visual screening.1° Carried Unanimously At8!,NDIUNT NO. 2: By Alderman Meyer: seconded by Alderman Jones RESOLVED, that Sec. 30.25 be amended as follows: Front Yard requirement, Col. 11 District Regulation Chart B-4 Zone.: change back to: 10 ft. B-2 Zone: change back to: 10 ft. AYES: 0 NAYS: 12 Motion Defeated APURDIIEfT 1-70. 3: By Alderman Meyer: seconded by Alderman Jones RESOLVED, that Sec. 30.52 be amended as follows: reads T "wrecking yard or Junk yard in existence in any residential or business, etc..." ,Add .. %but this shall not apply to completely enclosed transfer stations for- recyclable materials in B-4 Zones." Include in definitions, Sec. 30.3 34.A Transfer Station for Recyclable Materials: Completely enclosed facility for sorting , and/or packaging of glass and paper. Further processing of these materials is not allowed in said station. Carried Unanimously A1,1ENDNENT•NO. 4: By Alderman Meyer: seconded by Alderman Jones RESOLVED,' that the area on Lake Street and University Avenue be changed from P to R-3 'for the City of Ithaca. Alderman Nichols commented that another letter that has not been received is one from her neighbor Tir. John Murphy an attorney. Alderman Nichols remarked th&t Mr. Murphy seriously questions the legal description of the property. 265 -4- May 1,, 1974 Ald armanNichols questioned the reasoning behind the Planning Board's decision to recommend rezoning the area and also questioned the legality of the description of the public hearing notice. A tabling motion was presented as follows: By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, that this resolution be tabled. AYES: (7) - Nichols, Brock, Gutenberger, Saccucci, Spano, Barber, Boronkay NAYS: (5) - Slattery, Meyer, Boothroyd, Schmidt, Jones Carried ADDITIONS TO THE AGENDA: Attorney Shapiro reported that he had a conflict of interest relating to Ignacio Serrano appeals, and requested that this be added to the Budget and Administration Committee's agenda. COillUNICATIOUS: City Clerk Rundle read a letter from Caldwell Development Corporation as follows, City of Ithaca Ithaca, New York Attention: Mayor Conley Re: Ithaca CBD Project Rothschild°s Department Store and Parking Facility Gentlemen: This letter is to hereby notify you that construction of the above referenced project commenced on April 30, 1974. i Cordially, CDC-ITHACA, UC. Wayne C. Nelson Vice President City Clerk Rundle read a letter from Historic Ithaca inviting the Mayor and Common Council to a walkathon May 19, 1974, to raise $15,000 for preservation projects in Tompkins County. PARKING ON WEST SIDE OF STEWART AVE1UE: By Alderman Meyer: seconded by Alderman Boronkay WHEREAS, the BPR has heretofore considered the premises and has recommended that parking on the west side of Stewart Avenue from Dewitt Place southerly to the north property line of premises known as No. 526 Stewart Avenue, be eliminated, NOW, THEREFORE BE IT RESOLVED, that parking is hereby eliminated on the West side of Stewart Avenue from DeWitt Place southerly to the north property line of premises known as No. 526 Stewart Avenue and that Section 15-180 of the Ithaca City Code be amended accordingly as follows: Insert: Stewart Avenue, west side, DeWitt Place southerly to north ? property line of premises known as No. 526 Stewart Avenue. Carried SECTIO14 15-79 (b) AMENDMENT: By Alderman Meyer. seconded by Alderman Barber WHEREAS, the' BPW has heretofore considered the premises and has recommended that Section 15-79 (b) of the Ithaca City Code be amended to include a 15 m.p.h. speed limit on those portions of North Aurora Street, Linn Street, King Street, and Queen Street adjacent to Fall Creek School during the school noon hours, school recess, or while children are going to or leaving school during opening or closing hours, NOW THEREFORE BE IT RESOLVED, that such speed limit on such streets is hereby adopted and that Section 15-79 (b) of the Ithaca City Code be amended accordingly as follows: x May 1, 1974 Insert: north Aurora Street, Linn Street, King Street, Queen Street adjacent to Fall Creek School in the posted speed zone, fifteen (15) miles per hour during the school noon hours, school recess, or while children are going to or leavin!; school during opening or closing hours. Carried HUi',M SERVICES COMAITTEE POLICE COMIJISSIOUERS SPECIFICATIMIS: Alderman Nichols reported that the document outlining the specifications for the members of he Board of Police Commissioners has been prepared and the Attorney for the City has reviewed it and will report on it at the June meeting. DOGS RUNNIdG AT LARGE: By Alderman Nichols: seconded by Alderman Barber WHEREAS, the number of dogs running at large in the City in violation of the ordinance seems to be increasing, and WHEREAS, the nuisance appeares to be greatest after the usual business hours of the SPCA, with which the City presently has a contract for animal control, NOW THEREFORE BE IT RESOLVED, that the Budget and Administration Cor nittee is requested to allocate approximately two thousand dollars ($2,000) at the rate of seventy-five-dollars ($75.00). per week for the purpose of purchasing additional dog control service outside the regular business hours -of the SPCA for an experi- mental period to extend until the expiration of the present contract in Decerber 1974. It is understood that the extra service will provide a dog warden who will patrol problem areas in an SPCA vehicle during hours to be scheduled by consultation of the Human Services Committee and the SPCA. By Alderman Slattery: seconded by Alderman Schmidt RESOLVED, that this matter be referred to the Budget and Administration Committee Carried YOUTii BUREAU REPORT: Alderman Nichols reported on. the progress of summer plans. PLANNING AND DEVELOPMENT COMITTEE .SOUTHSIDE PLAYGROUND: ACQUIRE PROPERTIES: By Alderman Jones: seconded by Alderman Brock RESOLVED, that Common Council acquire the properties at 217-219 and 219 1/2 South Plain Street and 221 South Plain Street for use as a Southside Playground and that the necessary legal service for this acquisition he acquired. Carried BIDS: By Alderman Jones: seconded by Alderman Brock RESOLVED, that Common Council request the Board of Public Works to direct Superintendent Dingman to solicit bids for the demolition of properties at 221 South Plain Street and 217-219 and 219 1/2 South Plain Street as soon as they are acquired. Carried CIRCULAR GRAPH: Alderman llieyer presented a circular graph to the Council dealing with some of the activities of the City. 91701" FUNDS: Alderman Jones reported that the Planning and Development Committee recommended that Common Council apply for "701" Funds for local structural changes and methods at implementation needed for better use of all local and federal and state monies in community development. FEDERAL-STATE COMPREHENSIVE PLANNING ASSISTANCE PROGRAM: By Alderman Jones: seconded by Alderman Barber VUREAS, the City of Ithaca, in order to provide for a planning study contributing to an overall 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 ! HEREAS,the New York State Office for Local Government, under authority of Article 26 of the New York State Executive Law, is the official State 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 267 -6- May 1, 1074 RESOLVED, that the Common Council of the City of Ithaca hereby requests the ci,2w York State Office for Local Government to provide planning assistance under authority of Article 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 for Local Government and the Department of Housing and Urban Development, the City of Ithaca shall enter into a for-mal agreement with the New York State Office for Local Government 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 in cash or through the provision of technical and professional services of appropriate city departments in an amount not to exceed twenty five hundred dollars ($2,500) , together with such other terms and conditions as may be deemed 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. V T After discussion on the Council floor, the resolution was put to vote as follows: AYES: (9) NAYS: (3) - Nichols, Barber, Saccucci Carried SELECT A CONSULTANT FOR 701 PROGRAM: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that Common Council's Planning & Development Committee be empowered to select a consultant for the "701" project and to report back to the Council at the next meeting. AYES: (11) NAYS: (1) - Nichols Carried CO14,fUNITY TRANSIT SYSTE11 REPORT. Alderman Jones reported that application has been made and no Council action is necessary for a State and City sharing of operating deficits in the Transit System. Mayor Conley declared a five minute recess at 9:15 p.m. At 9:20 p.m. the meeting reconvened. COI�IrJ dICATIONS FROH THE i)iAYOR NOTE OF THANKS FROM T11E JOHN F. BANGS FAPIILY: Mayor Conley read a note from the John F. Bangs family thanking the Council for their special act of kindness at the time of the Bangs family's greatest loss. CALD!4ELL - ROTHSCHILD PROJECT REPORT: Mayor Conley reported that ground breaking, ceremonies will be held May 14, 1974, with a block party in the evening. Mayor Conley said he met with some of the businessmen for a progress report. FORMER NAVAL TRAINING FACILITY (TIN CAN) : P?ayor Conley requested an appraisal of the naval Training building and land. A discussion took place on the Council floor as to whether or not to purchase the building from the Navy Department. By Alderman Jones: seconded by Alderman Schmidt RESOLVED, that this matter be referred to the Planning and Development and the Human Services Committees. Carried ENVIRONL,rITAL C0101ISSI01d Alderman Meyer gave a report on the Environmental Commission as follows: The Environmental Commission of the City of Ithaca plans to be involved in the following concerns for the coming year. We invite Council members to attend the meetings and to give input on any of these issues in order to increase effective constructive action. -7- May 1, 1974 1. Reaffirms direction given by Council given in the original formation. 2. Continued surveillance of the Cass Park developments. 3. Support of recycling efforts on part of city and/or private groups. 4. Exploration and possible development of Bikeways. 5. Support and interest in Mass Transit 6. Sewage treatment and quality of lake water. 7. Air pollution. 8. Support of tree replacement. 9. Bottle legislation 10. Concern for reuse of Stewart Park for swimming. 11. Citizen use of all natural resources. Mike Hall will give a presentation on possible Bikeways at the May meeting. Bike paths appears to be effective transportation link between recreation facilities as a safe recreation. We would appreciate:your help in informing the Commission about activities relating to environmental concerns. BUDGET AND ADMI111ISTRATION COMMITTEE N&I YORK STATE UDC INVOICE: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that the New York State Urban Development Corporation invoice in the amount of $82,513 be approved for payment and the Board of Public Works be requested to make said payment. Carried DAVID B. GERSH INVOICES: By Alderman Schmidt: seconded by Alderman Jones RESOLVED, that the David B. Gersh, Esq. invoices in the amount of $266.39 and $1,323.15 be approved for payment and that the City Controller and City Chamberlain be directed to make said payments. Carried APPOINTMENTS: 1,2S. 1,9ARY GRI!tSEY APPOINTMENT: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that Mrs. Mary Grimsey be promoted in the City Court - Traffic Violations Department at an annual salary of $7,869 effective April 29, 1974. Carried 1,1RS. RUTH ANN BROWN APPOINT14KIT: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that Mrs. Ruth Ann Brown be appointed to the position of City Court Clerk at an annual salary of $7,497 effective April 22, 1974. Carried MARSHALL LANE APPOI14TMENT: By Alderman Schmidt: seconded by Alderman Spano RESOLVED, that Marshall Lane be appointed provisionally to the position of Deputy' Building Commissioner at an annual salary of $8,500 effective April 1, 1974, AND BE IT FURTHER RESOLVED, that the Civil Service Commission be requested to hold an examination for this position. Carried ITHACA MALL - BOND RESOLUTION: By Alderman Schmidt: seconded by Alderman Boothroyd At a regular meeting of the Common Council of the City of Ithaca, Tompkins County, New York, held at the Common Council Chambers, City Hall, in said City, on the lst day of May, 1974, at 7:30 o'clock p.m., Eastern Daylight Saving Time. The meeting was called to order by Acting Mayor Glen H. Schmidt and upon roll being called, there were PRESENT: Aldermen: Donald L. Barber, Robert L. Boothroyd, Jr. , Richard Boronkay, Stephen Brock, John C. Gutenberger, Anne Jones, Nancy R. Meyer, Ethel B. Nichols, Rudolph Saccucci, Glen H. Schmidt, Donald Slattery, Anthony F. Spano ABSENT: None The following resolution was offered by Councilman Glen H. Schmidt, who moved its adoption, seconded by Councilman Robert L. Boothroyd, Jr., to-wit: 2 -8- Hay 1, 1974 BLIND RESOLUTION DATED May 1, 1974. A RESOLUTION AUTHORIZING THE ISSUANCE OF $980,000 SERIAL BONDS OF T11B CITY OF ITHACA, TOITKINS COUNTY, NEW YORK, KID THE EXPENDITURE OF $150,000 OTHER FUNDS OF SAID CITY TO PAY TFUa COST OF THE CONSTP.UCTIO's? OF A PEDESTRIAPI MALL, IN A14D FOR SAID CITY. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, ' Tew York, as follows: Section 1. 'The•specific object, or,purpose. to,be financed pursuant to, this resolution is the construction of a pedestrian mall to be located in the vicinity of the 100 and 200 east blocks of State Street and the 100 :North block of Tioga Street in said City, including public improvement and appurtenances in connection therewith required for the purpose for which said pedestrian mall will be used. Section 2. The maximum estimated cost of the aforesaid specific object: or purpose is $1,130,000, and the plan for the financing thereof is as folly � a) By the issuance of $980,000 serial bonds of said City, hereby authorized to be issued pursuant to the Local Finance Law; and b) By the expenditure of $150,000 hereby appropriated from the Ithaca Mall Capital Project Fund No. 121 of said City, which shall constitute the down payment required by Section 107.00 of the Local Finance Law. Section 3. The period of probable usefulness applicable to the aforesaid specific object or purpose is hereby determined to be twenty years pursuant to subdivision 80 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 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 3) Such bonds are authorized in violation of the provisions of the Constitution Section 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official. newspaper, together with a notice pf the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: -3- May 1, 1974 Alderman .Donald L. Barber VOTING Yes Alderman Robert L. Boothroyd, Jr. VOTING Yes Alderman Richard Boronkay VOTING Yes Alderman Stephen Brock VOTING Yes Alderman John C. Gutenberger VOTING Yes Alderman Anne Jone VOTING Yes Alderman Nancy R. ,feyer VOTING Yes Alderman Ethel B. Nichols VOTING Yes Alderman Rudolph Saccucci VOTING Yes Alderman Glen H. Schmidt VOTING Yes Alderman Donald Slattery VOTING Yes Alderman Anthony F. Spano VOTING Yes APPROVED BY THE MAYOR Mayor --- May 1, 1974. Carried Unanimously COUNSEL FOR SOUTHSIDE PLAYGROUND ACQUISITIOPJ: By Alderman Schmidt: Seconded by Alderman Barber WHEREAS, legal services are necessary for the acquisition of certain properties to construct the Southside Playground, and WHEREAS, the Attorney for the City has a conflict of interest relating to these acquisitions. NOW THEREFORE BE IT RESOLVED, 1. That the Attorney for the City be and he is hereby authorised to retain additional legal counsel for the acquisition of the necessary properties to construct the Southside Playground 2. The fee for such services shall not exceed $500. Said fee to be charged to Account #A1420-422, and BE IT FURTHER RESOLVED, That the additional legal counsel be authorized to hire an appraiser for said pr perties at a fee not to exce d $250. Said monies to be charged to the Capital Project #134. Carried IGNACIO SERRANO - CONFLICT OF INTEREST: By Alderman Schmidt: seconded by Alderman Jones WHEREAS, the Attorney for the City has certified to Common Council that he would have a conflict of interest with respect to the imminent Article 78 proceeding by Ignacio Serrano against the City of Ithaca whereby said Serrano is appealing from an adverse determination by the Board of Zoning Appeals, BE IT RESOLVED, that this Council authorize the Attorney for the City to retain legal services to represent the City of Ithaca in respect to said imminent Article 78 proceeding by Ignacio Serrano against the City of Ithaca. The fee shall be $30.00 per hour with a maximum of $600.00. The money shall be expended from Account 1420-422. Carried AUDIT: By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $53,637.01 as listed on Audit Abstract #4-1974 be approved for payment. Carried -10- May 1, 1974 1974 BUDGET RESOLUTION: By Alderman Schmidt: seconded by Alderman Saccucci 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 $7,973,246 in accordance with the detailed budget statement on file in the office of the City Controller, and WHEREAS, available and estimated revenues total $6,119,101 leaving $1,854,145 as the amount to be raised by taxation, and TMEREAS, the Assessment Roll for 1974, certified and filed by the Assessment Depart- ment of Tompkins County,has been footed and proved and shows the total net taxable valuation of $103,008,100, and WHEREAS, under Charter provisions, the tax limit for City purposes amount to $3,055,188 for 1974, NOVI THEREFORE BE IT RESOLVED, That the tax rate for general city purposes for the fiscal year 1974 be and the same hereby is established and fixed at $18.00 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1974 tax roll, thereby making a total tax levy as near as may be of $1,854,145, and BE IT FURTHER RESOLVED, That the amount of said tax levy be spread and levied and the same hereby is levied upon and against the respective properties shown on said City Tax Roll in accordance with their respective net taxable valuation at the tate p of $18.00 per $1,000 of such taxable valuations, and BE IT FURTHER RESOLVED, that the City Chamberlian 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 collectable in accordance with provisions of the City Charter and other laws applicable thereto, and BE IT FURTHER RESOLVE , that the total sum of $7,973,246 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 attached) The 1974 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Valuation of Land $ 29,608,810 Valuation of Buildings 223,550,408 Total Value of Real Property $253,159,218 Less Value of Exempt Property 154,409,160 (61%) $ 98,750,058 Plus Value of Special Franchises 4,258,042 Net Value of Taxable Property $103,008,100 A roll call vote was taken which resulted as follows: AYES: (12) - Saccucci, Boothroyd, Spano, Gutenberger, Barber, Brock, Nichols, Jones, Meyer, Slattery, Schmidt, Boronkay y NAYS: (0) Carried PETER RAYNOR REPORT: By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, that a meeting of the Budget and Administration Committee with the „ -- Common Council be held to discuss the report on purchasing prepared by Peter Raynor. Carried 11PECIAL MAY MEETINGS: Mayor Conley commented that he may calla special Common Council meeting later on in the month, and a meeting to take up the issue of Fluoridation. Mayor Conley requested that the Charter and Ordinance Committee reconsider the open container law, because of a tremendous problem in the collegetown area and possibly problems with the Mall. By Alderman Boothroyd: seconded by Alderman Saccucci RESOLVED, that the Charter and Ordinance Committee reconsider the open container ;law, as requested by Mayor Conley. Carried -x1-- itay 1, 1974 NEW BUSINESS-. Alderman Saccucci reported that he had received a request from a businessman that Council take the necessary measures and to do whatever this Council deems necessary to clean out Cascadilla Creek, on a yearly basis, because of problems with the operation of boats. By Alderman Saccucci: seconded by Alderman Schmidt RESOLVED, that this matter be referred to the Planning and Development Committee. V Carried ,, By Alderman Boothroyda seconded by Alderman Schmidt RESOLVED, that the next regular meeting of Council be held June 12, 1974. Carried On a motion the meeting was adjourned at 10022 p.m. Joseph A. Rundle, City Clerk Edward J. Con ey, Mayor � g COMON COUDICIL PROCEEDI?,TGS CITY OF ITHACA, NEW YORK SPECIAL MEETING 7:30 P.M. May 22, 1974 PRESENT: Mayor - Conley Aldermen - (12) - Barber, Boronkay, Boothroyd, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano OTHERS PRESENT: Attorney for the City - Shapiro Plaening Director - Van Cort City Controller - Daley Urban Renewal Director - Brown City Clerk - Rundle PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked for approval of the minutes of the May 1,1974 meeting. By Alderman Boothroyd: seconded by Alderman Spano V RESOLVED, That the minutes of the May 1, 1974 meeting be approved as recorded by the City Clerk. P � �1 W Carried APPOINTMENTS: YOUTH BUREAU ADVISORY COUNCIL Mayor Conley appointed the Rev. Clarence Christian who has formed a new church on North Tioga Street. Term to expire 12-31-76. G.I.A.C. Board Mayor Conley appointed Joseph A. Mazza, 308 Hook Place, and Harold F. Gerkin, 116 Mitchell Street. Terms to expire 12-31-76. By Alderman Nichols: seconded by Alderman Schmidt RESOLVED, That the appointments by the Mayor be approved and confirmed. Carried BOARD OF PUBLIC WORKS Mayor Conley appointed Gerald P. Schickel of 202 Sunrise Road to serve as a Commissioner on the Board of Public Works to replace James C. Parkes. Term to expire 12-31-78. By Alderman Schmidt: seconded by Alderman Jones RESOLVED, That the Mayor's appointment of Gerald P. Schickel as commissioner of the Board of Public Works, term to expire 12-31-78, be approved and confirmed. Carried OATH OF OFFICE - GERALD P. SCHICKEL Gerald P. Schickel took the Oath of Office and was sworn in as Commissioner of the Board of Public Works. Mayor Conley introduced to Council the new Manager Editor of the Ithaca Journal, John Walter, and a new Reporter, Rick Jensen, who were present at the meeting. PETITION TO RECONSIDER THE STARTING TIME OF CONSTPUCTION ON THE PROPOSED PEDESTRIAN MALL OF DOWNTOWN ITHACA Mayor Conley read the following petition to Council: We, the undersigned merchants of downtown Ithaca, respectfully request that the Mayor and Common Council reconsider the starting time of construction on the proposed Pedestrian Mall of downtown Ithaca. We cite the following reasons: 1) That construction of the Mall at the same time as the Rothschild- Caldwell Project will; raie havoc with business for the merchants, especially for the coming fall and Christmas business of 1974. ,474 4 -2- Ilay 22, 1974 2) The isolation of the business district-will no doubt. cause the biggest problem for stores on the south side of State Street. They will be cut off from deliveries from both Green add State Streets at the same time. The question is "How will this merchandise get delivered to the stores?" 3) The parking situation will become a nightmare. The parking lot on Green Street consisting of 70 meters, the parking meters on Green Street ;lumbering 30 meters, the 25 meters on Tioga Street, plus the meters on State Street - all totaled these number about 350 meters. There is no provision made for the loss of these meters during construction. The question then being, "Where will people park?" 4) Another major problem will exist if the Mall is started and completed before the present Rothschild building is demolished. How would cranes, bull dozers, and other heavy equipment work and maneuver on the Pedestrian Mall? 5) We, the undersigned merchants, feel strongly that to do all of these planned projects at one time would result in the loss of business and profits and in some cases may force some firms to liquidate and close, and worse yet, may force some into bankruptcy. 6) Therefore, we merchants suggest to the Mayor and Common Council that they take heed and appoint a committee to discuss with a committee of three merchants that will represent all of the undersigned to determine what is the most feasible way to approach these problems and to determine a time table for each phase of the Pedestrian Mall to cause the least disruption in business and in pedestrian and vehicular traffic. Only in this manner can there be a comphete understanding between City Hall and the merchants. z11opefully, then we can vork in harmony and make it much easier for everyone concerned. During the meeting it was voted by all merchants present that the Pedestrian Mall should not be started until the Green Street Parking Ramp is completed. The petition was signed by 38 downtown merchants. Ilayor Conley commented that a Parkins; Committee has been established to study the parking problem. The City of Ithaca would do everything within it's resources to help in whatever way possible during the construction period. Mayor Conley said he appointed Alderman Anne Jones from Council and Comm. Stuart Stein from the Board of Public Works, and himself to meet and work with the merchants on a regular basis to work out these problems as they arise. Mayor Conley requested that the Council consider and recognize the Task Force Committee that he appointed, Alderman Jones, Commissioner Stein, himself, and added the name of Glen Schmidt, Chairman of Budget and Administration Committee, to consider authorizing this committee a certain amount. of_ Board Le-islative powers to sit with this committee and be in a position to make decisions on behalf of the City rat%er t'iaz cr.11in- the TThole Council to-ether. This committee would have certain limitations, and do everything they could to help the merchants. A discussion took place on the Council Floor with each Alderman expressing his approval of starting the Mall and that the City do everything possible to help the merchants. Alderman Barber commented that he thought that if the City goes ahead with the Mall right now, that the City will loose approximately fifty percent of the merchants on State Street. Alderman Barber remarked that we have to have parking before we build the Mall. Mayor Conley remarked that he was asking the Council for some direction regarding the petition presented by the merchants. Alderman Boothroyd suggested a motion to thank the people who signed the petition that are concerned, and to assure them that the Council shares their concerns, and as a City and Executive Branch that the Council will do everything in its power to alleviate any inconvenience, but that the Council intends to go ahead with the Mall. Alderman Schmidt commented that he was hesitant to vote on a motion, he said we have taken a vote on this issue time and time again, and questioned whether -3- May 22, 1974 an affirmation at' this time means anything. Alderman._Schmidt remarkd. e .thas the Council has expressed itself verbally in favor of the Mall, _and that he would object to a motion at this time because it is not on the asenda. Mayor Conley`�commented that the expression that he was hearing from the majority of Ctouncil is that the City should proceed with the'Mall `as planned. ADDITIONS TO THE AGENDA BUDGET AND ADMINISTRATION Alderman Schmidt requested permission to add a resolution to provide an additional $10,000 in Capital Account H890-29 to provide for the construction of a storm drain in South Tioga Street. No objections were made ENVIRONIME11TAL COMMISSION, Alderman Meyer requested permission ,to' add to: the agenda a resolutiaif requesting Council to transfer $50.00 from the Contingency Account to A1990 to the Enviton- mental Commission Account A-4090-436 Dues, Memberships and Publications. This resolution to be referred to the Budget and Administration Committee. No objections were made. CHARTER`AND ORDINANCE CONYMITTEE RESOLUTION TO READVERTISE NER PUBLIC HEARING By Alderman Meyer: seconded�by Alderman Schmidt' "J WHEREAS The City f Ithaca has y previously advertised a public hearing with respect xi to an amendment to the zoning ordinance changing the zoning of a parcel of �. : property now or formerly owned by Cornell University at the southwest corner of =zi Lake Street and University Avenue in 'said City from "p" to "R-311, and WHEREAS, A question as to the sufficiency of said notice has been raised, and WHEREAS, Common Council has voted previously to table the matter and the Attorney for the City has suggested renoticing the new.public hearing, 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 of the City of Ithaca at 7:30 P.M. on June 12, 1974, in the Common Council'Chambers, 108 East Green Street, Ithaca, New York, to hear persons interested; in the, said amendment' to the zoning ordinance, and BE IT FURTHER RESOLVED, That such advertisement shall specifically describe the subject property to be regarded as follows: That Tract or Parcel of Land situate in the City of Ithaca >, County of Tompkins, and State of New York, now or formerly owned by Cornell University, being. the parcel, on'the southwesterly corner of the intersection of Lake Street and University Avenue in'said City, commonly' know'`as 516' University:Avenue, Ithaca, , New York, and shown on the tax maps of the City of Ithaca as Tax Parcel No. 28-4-11, and BE IT FORTHER-RESOLVED; That such advertisement shall indicate that copies of the amendment will be available in the office of the City Clerk for public review commencing May 23, 1974, and until the'effecEive date .of passage or' defeat of said amendment. AYES (11) e NAYES (1) Nichols Carried PLANNING AND DEVELOPMENT COMMITTEE RESOLUTION FOR 0'701" STUDY By Alderman .hones: seconded by Alderman Barber WHEREAS, This Common Council has indicated,its interest in a "701" .study, and WHEREAS, 'The Planning andlDevelopmi nt; Committee has interviewed s xi consultants who submitted "701" proposals, and" WHEREAS, The Planning and,'Development Committee is ccncernd about whether our local governmental s'fructure' can produce the most -effective and efficient development of our community, the possible changes and their means of implementation, , and the budgetary analysis necessary,to provide a guide for Common Council`over "a petiod of years in the use of all 9f its funds, local; state, federal or other"Ifi developing its community 1n _the broadest- sense, f y. F 7 -4- May 22, 1974 NOW THEREFORE BE IT RESOLVED, That this Council approve the use of C. "14. Robinson as a consultant for the "701" project aroposal, and BE IT FURTHER RESOLVED, That the April 4 proposal of C. W. Robinson be rewritten to reflect the concerns of the Planning and Development Committee and then submitted to the Office of Local Government for its approval, and BE IT FURTHER RESOLVED, That upon approval of the Office of Local Government that the Mayor enter into a contract with the office of Planning Services and the consulting firm of C. W. Robinson for the "701" study, in which the City shall expend no funds but is committed to a 1/8 share in terms of inkind services and BE IT FURTHER RESOLVED, That in the event that the rewritten proposal of C. W. Robinson does not meet with the approval of Office of Local Government, that this 11701P1 proposal be abandoned for 1974. Carried RESOLUTION TO STUDY THE ADMINISTRATIVE AND STORAGE NEEDS OF THE YOUTH BUREAU By Alderman Jones: seconded by Alderman Nichols RESOLVED, That the Planning Board be asked to request the Planning Department to study the location which might best meet the administrative and storage needs of the Youth Bureau, and that this request be referred to the Planning Board for its consideration. Carried At 8:45 p.m. Mayor Conley declared a recess At 9:05 p.m. Common Council reconvened ENVIRONMENTAL COMMISSION MEMBERSHIPS AND PUBLICATIONS RESOLUTION B Alderman Meyer: seconded by Alderman Jones The Environmental Commission had asked for $300 in annual budget uncil reduced the account to $50, and WH3, $50 is the dues for New York State Association Conservation Commission, RW Irk SO RESOLVED, That Common Council transfer $50 from Contingency Account Aftft ti-'Account A4090-4-1-t:dues, rrie"ersfiips and-publications, and*:that this twqtiest'-be- referrod to budget-and administiation committee. Carried BUDGIT_AND ADMINISTRATION COMMITTEE Alderman Schmidt read the following from the Board of Public Works meeting of May 22, 1974: BRIDGES, CREEKS AND STORM DRAINAGE COMMITTEE 1. One bid was received on Monday, May 20, 1974, for the construction of a storm drain in the 100 block of South Tioga Street. Skyline Paving Corporation was the only bidder at $26,840. There is presently available in Capital ACcoupt H890-29 approximately $20,000. Allowing for a contingency of approximately 157 , it would be unwise to undertake this job with less than $30,000 in the account. IT IS RECOMMENDED That subject to the appropriation of sufficient funds, the contract for constructing a storm drain in South Tioga Street in accordance with the specification of May 6, 1974, be awarded to Skyline Paving Corporation for their bid of $26,840, and that the Mayor and City Clerk be authorized to sign a contract with said Skyline Paving Corporation for the construction of said storm drain. 2. IT IS RECOMMENDED That the Common Council be requested to provide an additional $10,000, inCapital Account H890-29 to provide for the construction of a storm drain in South Tioga Street. 277 -5- May 22., 1974 TIOGA STREET STOR14 DRAIN - ADDITIONAL APPROPRIATION By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, That the Board of Public Works proceed with the construction of the storm drain, but that the money be from the Ithaca Mall Capital Project Account to be used to make up the difference between the $20,000 already in the item and the cost of the construction. Carried On a motion the regular meeting was adjourned at 9:19 P.M. and Council went into an open session to discuss fluoridation. Vv J,o�eph A. Rundle, City Clerk Edward J. Conlgj, Mayor f' w.L 7 COMMON COUNCIL PROCEEDINGS. CITY OF ITHACA, NEW YORK REGULAR MEETING 7:30 P.M. June 12, 1974 PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkayt Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano OTHERS PRESENT: Attorney for the City - Shapiro Coordinator - Youth Director- Cutia Deputy Fire Chief 'Tuckerman Urban Renewal Director - Brown Director of Planning - Van Cott Asst. Controller - Spano Building Commissioner - Jones City Clerk - Rundle Supt. Public Works - Dingman Chief of Police - Herson PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked for approval of the minutes of the May 22, 1974 meeting. By Alderman Barber: seconded by Alderman Brock RESOLVED, That the minutes of the May 22, 1974 meeting be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS: Public Hearing on amendment to zoning ordinance and map. No one appeared to address the Council at the Public Hearing regarding the land on University Ave. By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That the Public Hearing be closed. Carried ADDITIONS TO AGENDA: Alderman Jones requested Councils permission to add to the Agenda a recommendation of the Planning and Development Committee and the Budget and Administration Committee to establish the Southside playground as a Capital Project. He objections were made. Alderman Schmidt requested that two items be added to the Agenda: 1 - three more resolutions changing the tax maps 2 - Board of Public Works took action to erect the signs for the Seneca Street Parking ramp and would like to add that to the agenda No objections were made. Alderman Slattery requested that a referral to the Charter and Ordinance Committee in the matter of Fluoridation be added to the Agenda. No objections were made. Attorney for the City, Shapiro, requested an addition to the Agenda. Attorney Shapiro commented that at a past Council meeting the lease of the Hanger facilities for the CFA was referred to him to work out with the Center for the Arts. Attorney Shapiro reported that the lease has substantially been worked out, but )Council's direction was that the lease would have to be ratified by Common Council. Attorney Shapiro reported that there was one hitch in the lease afid the negotiations which he wished to comment on, that is in respect to the sewer facilities. Presently there are no sewer facilities and Mr. Dingman informed Mr. Shapiro that it would cost possibly as much as $10,000 to put them in. Mr. Shapiro did not feel that this was Council's intention to under- write the cost of that and it was Attorney Shapiro's position that, the CFA would have to pay for that and the sewer rents and water service. Attorney Shapiro said he would like to refer this lease back to Common Council for their consideration, to be acted on at their July meeting. Attorney Shapiro feels it should go back to the Planning and Development Committee. No objections were made. 279 June 12, 1974 By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the lease with the Center for the Arts be referred back to the Planning and Development Committee for recommendations. Carried COMMUNICATIONS; City Clerk Rundle read a petition to Council from the City Executives as follows: Common Council City of Ithaca City Mall Ithaca, id. Y. The Public Employees Fair Employment Act provides that it shall be the public policy of this state to promote harmonious employment relationships between government and public employees and to protect the public from disruption of the orderly operation of government. We, the undersigned employees, hereby petition Common Council to recog- nize the City Executive Association as our sole and exclusive representative and negotiating agent. We pledge that our Association does not assert the v right to strike against any government or to assist in any strike against government. We also request an immediate start on negotiations for our 1975 contract concerning terms and conditions of employment and the administration of grievances. C. Robert Cutia Gerald Sanford John A. Dougherty Howard R. Schlieder Vincent P. Hannan Edward C. Sharp Edison Jones Joseph A. Spano Edwin N. Lynch Charles Tuckerman Carl Nyberg H. 14a.tthys Van Cort Phineas K. Reeves John Van Gorder Joseph A. Rundle John D. Wright By Alderman Boronkay: seconded by Alderman Jones RESOLVED, That the petition from the City Executives be referred to the Budget and Administration Committee. Carried Alderman Saccucci read the following petition to Council: Mr. Mayors I have a petition of approximately 17 signatures from the residents of the 500 block of West Seneca Street, requesting that their street be equally washed and cleaned from the dirt and dust, like other streets, which are being done. As tax payers, they feel that they are being neglected, so they are recommending, that a regular, wash and clean street schedule be maintained throughout the entire city, particularly during the summer months, and particularly now, that the downtown development and construction is in progress. (Play I present you the petition) . We, the undersigned, request greater street care, including the washing of West Seneca Street, in order to keep down dirt and dust. Wash street at least once a month during good weather. 18 signatures accompanied the petition. By Alderman Barbers seconded by Alderman Jones RESOLVED, That the petition regarding the washing down of the 500 block of [nest Seneca Street be referred to the Board of Public Works. Carried MAYOR'S APPOINTMENTS: City Cl.ork-14ndle read the following letter from Tompkins County Environmental M anagement Council: 2 S O _3- June 12, 1974 Hon. Edward Conley, Mayor City of Ithaca City Hall Ithaca, New York 14850 Dear Ed: Enclosed find a current list of members of the-Tompkins County Environmental Management Council. We want to confirm the representation from the City. The City has one representative appointed by you. Originally, the representative was Stephanie Corina. She later resigned and we have understood (but not been officially notified) that she was replaced by Mike Leary. I believe Mike has received all meeting notices, but so far he hasn't attended the monthly meetings. Will you please confirm who the official City Representative is to be. The City of Ithaca Environmental Management Council also is a member of the County Council by State Law. So far as we know the City Environmental Management Council has never designated a particular person to represent it as a voting member on the County Council. Will you please contact the Chairman of the City Environmental Management Council and have him or her designate the official representative. Yours truly, Armand L. Adams, Vice-Chairman ALA:ccm Enclosure cc: Mr. Janes C. White, Secretary Mr. Robert Earle, Chairman Mr. Frank R. Ligouri By Alderman Boothroyd: seconded by Alderman Slattery RESOLVED, That Nancy Meyer represent the City of Ithaca, and that Timothy Ray represent the City of Ithaca Environmental Commission on the Tompkins County Environmental Management Council. Carried Mayor Conley reappointed Kenneth Decker of 132 Fayette Street as Fire Commissioner, term July 1, 1974 to June 30, 1977. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That Kenneth Decker be reappointed as Fire Commissioner for a three year term, beginning on July 1, 1974 ending June 30, 1977. Carried COM14UNICATIONS FROM THE MAYOR: Mayor Conley gave a progress report on the Hall. Mayor Conley said he spoke to the Superintendents of both jobs and everything is going well. Mayor Conley said they are now working underground taking out discontinued pipes, and they will soon be starting the plumbing portion of the project. 11ayor Conley reported that the Rothschild-Caldwell project has been temporarily stopped because of the iron workers strike. At the present time they are putting in foundations but need iron workers. Mayor Conley also reported that at the Board of Public Works meeting on June 12, 1974, they took action regarding the Mall. A task force committee has been formed consisting of Comm. Stein, Alderman Jones, and himself, to air complaints. Mayor Conley reported on the '`Shuttle Lot" which will be a parking lot on Taughannock Blvd. , and then ride a bus to the Central Business District. Passes for the Shuttle Lot will be given out at the Chamberlain's office. Mayor Conley also reported on the validation system that the merchants have asked to be implemented. The price will be 10t an hour at this time. 28 , -4- June 12,' 1974 Architect Ray DiPasquale reported on the Calc;.well-Rothschild Development, and said that the work has been temporarily stopped because of the iron workers strike._ Mr. BiPasquale said that he is not sure if this strike will last a day, or two weeks or three weeks, and is not sure what other contracts, and what other trades are up for renewal some time during the life of the construction project. This could have an effect on the Caldwell-Rothschild Development in the long run. Mr. DiPasquale commented that whatever cushions they had in some of the .cost could suddenly be gone because of the inflation in not only. the material price which is now becoming quite a problem and also now the labor problem. Mr. IAP asquale advised Council that they have regular field meetings on the last Thursday of each month, with Engineers, architects from New York, himself, and Siegfried, and everyone involved. Mr. DiPasquale warned Council that before they are through they might not have too much cushion to play with, and might have to do some compromising as a result of it. Mr. DiPasquale stated that there is a guaranteed price, and within that framework they are not going to have the flexibility they thought they had, because everything is going up and can see the rumbllfffv of that with the contractors. Mr. DiPasquale also reported that there hag not been too much work on the garage perse, there have been two footings that have been formed, that form a part of the garage structure, they are in the Rothschild part and they go up to hold up our garage. Mr. DiPasquale said that Othese are formed but the reinforcement hasn't been placed yet so he can't report on that. Mr. DiPasquale said that they did inform him that at the time they were formed so that he couldinspect the ground conditions, which Mr. Dipasquale y+ inspected and they were satisfactory. Mr. DiPasquale reported that they are setting up a communication network, in the sense, that when you first have a job that's confusing and nobody knows whats going on, and so one of the first things that was brought up at the field meeting was to establish some communication that would allow him to participate in all the decisions that come up with the contractor that relate to the garage 'only. Mr. Dipasquale reported that all communications regarding the garage will go through him, and carbon copies will be sent to Mr. Dinfman. Mr. DiPasquale reported that the headroom is limited to 7 feet because it would be a considerable cost consequence to do anything other than 7 feet. Mr. DiPasquale also said that there will be a special surface treatment on the ramp, it will be a rake finish. Mr. Dipasquale stated that he does have a cost breakdown sheet from the contractor, and he said that it is a crude cost estimate. Mr. DiPasquale said that as requests for payment come in they will be paid according to that breakdown, and now Mr. DiPasquale knows how the total cost- is allocated to each of the different items in it. Mr. DiPasquale reported that the drawings are not completely finished but they are progressing and sees some consequences of that happening, in the sense that now details are coming to surface that they didn't have before, that are going to be the source of some discussion. Mr. Dipasquale reported that an approval to buy steel was given at a time when they were . supposed to buy it, but evidently somewhere along the process ,that didn't get done. Mr. DiPasquale said that he had heard that when the Council made this special effort to get money to purchase steel that after that got from the council to UDC, it never left UDC, so that in fact, the material was not ordered and so they are going to be subjected to the same amount of delay in materials that every other contractor is having. Mr. Dipasquale said that he does not know the actual details involved, but that is what he heard. Mr. DiPasquale said that whether we are going to get the material that was back ordered is another question. Mr. DiPasquale said that the problem is that the material has gone sky high and if you get it right away you are going to have to pay the premium price for it and these kind of things were not really all computed as that total cost picture. Mr. DLPasquale said that he foresees that as we go down the pipe some problems will arise. Attorney for the City, Shapiro, said that for clarification purposes, the City essentially guaranteed to buy that with the understanding that with that guarantee that Caldwell would go ahead and actually order it, not turn. off their contractors. Mr. Shapiro said that what he sees is after Common Council took that action that particular night at the request of Caldwell and UDC, that UDC and Caldwell didn't go ahead and order it. Mayor Conley said that for further clarification that Council took. its action and on the basis of Council's action the contractor, he was told, had ordered the steel. Hayor Conley said that the City's Contract is with UDC and Caldwell's contract or Siegfried's contract goes to Caldwell through UDC. UDC would not ratify that, and that was a closely kept guarded secret that UDC would not ratify Council's action and that the contractor wasn't to know this. 28 -5- June 12; 1974 ,47TORNEY FOR THE CITY Attorney Shapiro reported on the Cerrache - T.V. Franchise. Mr. Shapiro reported that he received a letter from Mr. Cerrache's attorney who pointed to a clarification of the rules by the FCC which came out in late April 1974. It is the Attorney's position that according to those clarifications with the rules the FCC has effectively pre-empted the localities from regulatirig rates with respect to television cable franchise altogether, and that they did not intend to regulate them either. Mr. Shapiro said he sent 4 letter to the FCC asking for further clarification. Attorney Shapiro also reported officially that Mr. and Mrs. Avery of the Dome Dairy have commenced a law suit against the City seeking to enjoin the City from constructing the project known as the Ithaca Hall. The return date is the 20th of June and Mr. Shapiro said he will take appropriate action to defend the City at that time. Mr. Shapiro also reported that there is a parcel of land behind the Southside Center that was thought to be part of the land that was conveyed to the City of Ithaca with the Southside Center itself, but in fact, was not. This parcel of land includes land which we had contemplated using for the park, which means that there will be need to negotiate with the Southside Center to buy that parcel of land. Mr. Shapiro said he was asked to make this known to Common Council. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the Attorney for the City enter into negotiations with the Southside Center concerning that parcel of land behind the Southside Center immediately. Carried Alderman Slattery remarked that Mayor Conley had been elected first Vice- President of the New York State Conference of Mayors and Municipal Offices. The entire Council congratulated the Mayor by applauding. CF,ARTER AND ORDINANCE COMKITTEE By Alderman Meyer: seconded by Alerman Jones RESOLVED, That the resolution of May 1, 1974 be lifted from the Table regarding the returning of a track of land commonly known as 516 University Avenue, Shown on the tax maps of the City of Ithaca as 28-4, from its prior zoning of R3 to P. Carried By Alderman Meyer: seconded by Alderman Schmidt WHEREAS, The Common Council has heretofore adopted a new zoning ordinance for the City of Ithaca, and WHEREAS, Certain minor items with respect to the new zoning ordinance had not been fully resolved at the time the new zoning ordinance was enacted, and WHEREAS, these matters have not been fully considered and all proper procedures with respect to enactment of these zoning ordinance amendments have been carried out, NOW THEREFORE BE IT RESOLVED, That Tract or Parcel of land situate in the City of Ithaca, County of Tompkins, and State of New York, now or formerly owned by Cornell University, being the parcel on the southwesterly corner of the intersection of Lake Street and University Avenue in said City, Commonly known as 516 University Avenue, Ithaca, New York, and shown on the tax maps of the City of Ithaca as Tax Parcel No. 28-4-11 be returned to it's prior zoning of R3 instead of the amended zoning of P. After discussion on the Council floor a vote was taken as follows: Ayes - (10) Nays - (1) - (Nichols) Abstain - (1) - (Boothroyd) Carried -6- June 12, 1974 Attorney Shapiro commented that the zoning; of the land whether its paying taxes for one year or a number of years could be rezoned to a P use, however, there could be the possibility of damages as a result thereof. Mr. Shapiro feels personally, also, that over the years it has been zoned R-3, that it was made P as late as April 22. Mr. Shapiro commented that after the man comes from the State if a park is still wanted the City could buy it from the ' purchaser. 'Mr. Shapiro says that leaving it as a P appears to him to he an � infringement upon the parties right to sell the land. By Alderman Meyer: seconded by Alderman Barber: : SOLVED, That the City Clerk publish the change in zoning as soon as possible. - Carried MUNICIPAL CONSULTANTS Alderman Slattery reported that he received a co;_ ..ration from Municipal Consultants stating that there are six new chapters to the Code for consideration which will be done at the next meeting. I r_-Wd SERVICE COMMITTEE SPECIFICATIONS FOR POLICE COt-uiISSIONERS By Alderman Nichols: seconded by Alderman Saccucci 1 WHEREAS' a three--member Police Commission was established by vote of this Common Council, and WEREAS guideline for the duties and powers of said Police Commission have been requested on several occasions, IdOLI THEREFORE BE IT RESOLVED, That this Common Council does hereby establish the following specifications for the duties and powers of the Police Commission: :I To advise the Mayor and the human Services Committee of the Common Council on all matters that relate to the Police Department. II To in those duties of the Police Commission legally included in the City Charter and/or the following: A. Review and recommend budgets prepared by the Chief of Police to the Human Services Committee. B. Review and make recommendations with respect to administrative policy of the Police Department, including matters pertaining to discipline of police officers. .C. Review citizens' complaints with respect to officers' performance of duties'. D. Approve appointments, suspensions, and dismissals made by the Chief of Police. E. Supervise the enforcement of all New York State laws relating to police matters. F. _ Make a nonthly report to the Mayor and the Human Services Committee on the. work of the Police Commission. G. Make recommendations to the Mayor for appointments to the Police Commission. Carried PROCEDURE FOR CITIZENS .COMPLAlidTS CONCERNI'jG POLICE MATTERS Alderman Nichols reported that the draft document will be presented to Council at the July meeting. -7- June 12, 1974 TRAFFIC CONTROL ONE HUNDRED BLOCK OF SPENCER STREET By Alderman Nichols: seconded by Alderman Schmidt WHEREAS numerous complaints have been received about dangerous traffic in the one hundred block of Spencer Street, and 14EREAS the Police Department suggests that reducing the speed limit to 15 miles per hour may not be effective because of the short distance involved, but recommends instead the installation of strips of raised pavement to reduce speed, NOW THEREFOR BE IT RESOLVED, That this Common Council does ereby request the Board of Public Works to install such raised strips of pavement in the one hundred block of Spencer Street as part of the street maintenance program this summer. Carried AMENDMENT By Alderman Schmidt: seconded by Alerman Jones RESOLVED, That the following be added after the word strips: or any other method deemed appropriate by the Board to reduce the rate of speed to 15 miles per hour. The resolution as amended was presented to Council as follows: WHEREAS numerous complaints have been received about dangerous traffic in the one hundred block of Spencer Street, and WHEREAS The Police Department suggests that reducing the speed limit to 15 miles per hour may not be effective because of the short distance involved, but recommends instead the installation of strips of raised pavement to reduce speed, NOW THEREFOR BE IT RESOLVED, That this Common Council does hereby request the Board of Public Works to install such raised strips, or any other method deemed appropriate by the Board to reduce the rate of speed to 15 miles per hour. Carried PLIVNNING AND DEVELOPMENT COMITTEE _WILCOX REQUEST FOR CITY LAND Alderman Jones reported that the Wilcox request for purchase of City land needs to go to the Planning Board for recommendation before Council action. PURITY ICE CREAM Alderman Jones reported that no action has been taken on the purchase of the land by Purity Ice Cream. The matter of the sale of this particular piece of land needs to go back to the Planning Board for more investigation before it comes to Council. CASCADILLA AND MEADMI STREETS TRAFFIC LIGHT By Alderman Jones: seconded by Alderman Barber RESOLVED, That recommendation to the Board of Public Works to direct the Superintendent of Public Works to have the traffic light needs at Cascadilla and Meadow Streets re-evaluated. " w°^ Carried CASCADILLA CREEK CLEAN-UP Alderman Jones reported to Council that currently the Department of Public Works follow a policy of trying to keep the creeks open so that water can spill out into the lake and for the time being that particular effort and effect is being achieved in Cascadilla Creek. Attorney Shapiro stated that at the Board of Public Works meeting the Board referred the question of the Cities responsibility with respect to the streams in the City as to navigation and recreation purposes to him for additional study, and if later on in the agenda it is discussed, he should be involved. U. S. NAVAL TRAINING BUILDING (TIN CMT) Alderman Jones read the following letter regarding the Tin Can from the YMCA: 21 " -g_ June 12, 1974 Mrs. Anne Jones Chairman The Planning and Development.Committee of Common Council City of Ithaca 108 East Green Street Ithaca, New York 14'`_50 Mrs. Jones, the Executive Committee of the YMCA has authorized me to write you stating that the Ithaca YMCA is interested in acquiring the so-called "Tin Can", formerly the US Naval Reserve building at the foot of Cayuga Lake adjacent to Stewart Park, for the purpose of locating a YMCA facility there. We have made a preliminary study of the building and site and at this point see no major obstacles. The existing facility could be used for program activities and offices and there appears to be adequate space for the construction of an addition which would house a full size gymnasium and swimming pool. In addition there would appear to be adequate parking. The Ithaca YMCA has been searching for a suitable site for a considerable length of time and, therefore, has looked at many in the Tompkins County area. I hope this is the information you need to carry to your committee, and please do keep us informed of developments. Very truly yours, Robert B. Tallman, President By Alderman Jones: seconded by Alderman Nichols RESOLVED"; That YMCA's request for the Tin Can be referred to the Planning and Development Committee and the Human Services Committee. Carried SHELTERED BUS STOPS Alderman Jones reported that the recommendation for the purchase of two portable sheltered bus stops comes up later in the� Budget and Administration resolutions. The Planning Committee recommends this purchase. SOUTH SIDE PLAYGROUND By Alderman Jones: seconded by Alderman Brock RESOLVED, That the establishment of the South side playground be listed as a Capital Project. Carried ARCHITECT FOR SOUTHSIDE PLAYGROUND By Alderman Jones: seconded by Alderman Barber RESOLVED, That the recommendation for hiring of an architect, Robert A. Boehleke Jr. , to prepare cost estimates and complete design work needed to put the Southside play-round project out to bid, said work to be done in conjunction with the P1.-. Director and the Supt. of Public Tlorks and the project itself to . vied out by the DPW under the direction of its Board, and it is further re�: ,_nnz;aded that the Mayor and the City Clerk be authorized to sign a contract wit-?. said architect drawn up by the City Attorney including all provisions protecting the client, that is, the City as he deems necessary as well as fain:!r�r.4_al considerations of an hourly rate of $18.00 to the architect, 2 times any c?.- a :_ing salaries, actual billed cost of any consultants, and with a maximum total cost of $2800 be approved. Carried CITY'S WATERWAYS By Alderman Jones: seconded by Alderman Brock. RESOLVED, That recommendation to Planning Board for Planning Department study and recommendations on the recreational development of City's waterways in conjunction with Comptroller's determination of availability of federal and state funding. Carried "701" PROJECT Alderman Jones reported that other participation in the ''701" project is needed besides just Council, in study meetings on the "701' proposal. 286 -9- June 12, 1974 UNCOMPLETED CAPITAL PROJECT Alderman Jones reported on the Analysis of Uncompleted Capital Projects and each Councilman was given a copy of the report as of T-lay 31, 1974. ENVIRONMENTAL COMMISSION Alderman Meyer reported that at the last Environmental Commission meeting there was a presentation on bikeways by Michael Hall. Planning Director, Van Cort, stated that an attempt was being made to set up a program for different kinds of bikeways in the City. -NW �v„ 1 At 9:20 p.m. Mayor Conley declared a recess At 9:35 p.m. Council reconvened BUDGET AND ADMINISTRATION COTiMITTEE FIRE DEPARTMENT OVERTIME By Alderman Schmidt: seconded by Alderman Saccucci WHEREAS, in 1973 the Ithaca Fire Department experienced a lack of corrmand personnel over an extended period of time, and WHEREAS, It was necessary for the Deputy Fire Chief and three Assistant Fire Chiefs to work many hours of overtime to cover the department, and WHEREAS, it is the opinion of the Common Council that the demands placed on these officers to work overtime exceeded the normal requirements of their positions, NOW THEREFORE BE IT RESOLVED, that the Common Council authorizes the payment of overtime wages, at straight time, to the following Fire Department officers: 1. Charles Tuckerman, Deputy Chief 2. P. K. Reeves, Assistant Fire Chief 3. Gerald Sanford, Assistant Fire Chief 4. Edward Sharp, Assistant Fire Chief Said amounts to be limited to the hours outside their regular tours of duty in 1973 and shall not exceed $11,993.59. The said amount to be transferred from { A1990 Contingency to A3410-101 Fire Department salaries. Carried FIRE FIGHTERS ASSOCIATION LOCAL 737 By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That the paid Fire Fighters Association Local 737, be recognized as designated representatives and bargaining agents for the paid members of the City of Ithaca Fire Department, exclusive of the Fire Chief, Deputy Fire Chief and Assistant Fire Chiefs. Carried ABSTRACT FOR SOUTHSIDE HOUSE By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That the Attorney for the City of Ithaca be authorized to halve an abstract prepared for the Southside House property. Carried TOMPKINS COUNTY VOLUNTEER CENTER By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement with the Tompkins County Volunteer Center, said agreement not to exceed $1,500. Carried DAVID B. GERSH INVOICE By Alderman Schmidt: seconded by Alderman Slattery RESOLVED, That the David B. Gersh, Esq. invoice in the amount of $7.34 be approved for payment and that the City Controller and City Chamberlain be directed to make said payment. Carried -10- June 12, 1974 RAYP'OND, PARISH_ & P_I:'E I17VIOICr By !'alderman Schmidt: seconded by Alderman Spano RESOLVED, That the Raymond, Parish & Pine, Inc. invoice in the amount of $1,934.68 be approved for payment. Carried TRANSFERS FROM CONTIITGE?CY ACCOUNT By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That $700 be transferred from the Contingency Account A1990 to r Personnel A1430-422 Fees for Professional Services. Carried By Alderman Schmidt: seconded by Alderman Spano ^ESOLVED, That $750 be transferred from the Contingency Account A1990 to Safety Inspection A3620-411 Printing. Carried By Alderman Schmidt: seconded by Alderman Spano RESOLVED, That $350.00 be transferred from the Contingency Account A1990 to City Court A-1110-210 Office Furniture. Carried By Alderman Schmidt: seconded by Alderman barber RESOLVED, That $115 be transferred from the Contingency Account A1990 to Parks and Forestry A711OA-407 Contractual Services. Carried By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That $3,500 be transferred from the Contingency Account A1990 to Bus Operations A5630-250 Other Equipment.. Carried By Alderman Schmidt: seconded by Alderman Spano RESOLVED, That $800 be transferred from the Contingency Account A1990 to Planning A8020-422 Fees for Professional Services. Carried TAX ROLL CORRECTIONS: By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, That an exemption of $3,725 against Tax Map 10-59-3-4, at 615 West Court Street not previously -ranted to Susan Ciaschi be granted as recommended by the Director of Assessments, and the City Chamberlain be authorized to refund $67.05. Carried By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That Tax 'lap 10-63-11-6, 206 Stewart Avenue be char ed to Jason H. Vane and that Tax ilap 10-63-11-5, 208 Stewart Avenue be charged to Mark T. and Krystyna Garvey as recommended_by the Director of Assessments. Carried By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That Tax Map number 10-63-5-2, 412 College Ave. , charged to Cornell University, was erroneously assessed in the exempt portion of said roll, whereas the same should have been assessed in the taxable portion of said roll at land - $30240, land & buildings - $165,650, exemption - $6625 ?, total - $994+ 0. RESOLVED, That this correction be made on the tax roll. Carried By Alderman Schmidt: seconded by Alderman Boothroydj RESOLVED, That Tax :lap Number ,10-79-3-1, 225 S. Fulton St. , charged to Tompkins County Extension Service, Inc. , was erroneously assessed in the exempt portion of said roll, whereas the same. should have been assessed in the taxable portion o :. said roll. at land - 40.5')0, la>.d & buildings - $J.£,4,2'19, cxcmptiort -11- June 12, 1974 total $16400. RESOLVED, That this correction be made on the tax roll. Carried By Alderman Schmidt: seconded by Alderman Boothroyd . RESOLVED, That Tax .Map Number 10-46-3-19, 515 N. Tio#a St. , charged to J. Richard Agard et al, was erroneously assessed in the taxable portion ,of said roll, whereas the same should have been assessed in the exempt portion of said roll at land - $.1350, land & buildings - $13500, exemption - $13500, total - $0. This parcel having been purchased on land contract by Group .comes of Tompkins County, f prior to March 1, 1974. RESOLVED, That this correction be made on the tax roll. Ayes (11). Abstain (1) (Nichols) Carried ABANDON VEHICLES Alderman Schmidt reported that no action will be taken on the storage of ab?ndcna' vehicles. E TVIRONIIENTAL COMMISSION DUES By Alderman Schmidt: seconded by Alderman Meyer RESOLVED, That $50 be transferred from Contingency Account A1990 to Environmental Commission A4090-436 Dues and Memberships. Carried MUNICIPAL PARKITIG SIGNS By Alderman Schmidt: seconded by Alderman Nichols WHEREAS, The construction of the Ithaca ball demands new parking habits, and WHEREAS, The Board of Public Works allocated $500 for the creation and erection of signs directing drivers to municipal parking and signs on the Seneca Street Parking structure, BE IT SO RESOLVED, That this allocation is approved and the amount of $500 be transferred from A1990 Contingency to a Seneca St. Parking Garage A565OB-306. Carried AUDIT By Alderman Schmidt: seconded by Alderman Spano RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $44,716.65 as listed on Audit Abstract #5 - 1974 be approved for payment. Carried UNFINISHED AND MISCELLANEOUS BUSINESS FLUORIDATION By Alderman Slattery: seconded by Alderman Boothroyc I-RIEREAS fluoridation of the Public Water supply is expressly prohibited by the City Charter and WHEREAS, this Council has been requested to consider changing the Charter to allow Fluoridation now THEREFORE BE IT RESOLVED, That this matter be referred to the Charter and Ordinance Committee for its consideration and recommendation. Carried ABANDONN VEHICLES Attereiey Shapiro reported that he had written to County Attorney Mr. t•Tilliamson a number of time's and have received absolutely no reply. '4r. Shapiro also commented that he has spoken to a couple of County Representatives to try and move things along but doesn't see anything more that can be done. Mayor Conley requested the Attorney for the City to write a letter to the County Representatives regarding this matter. -12- June 12, 1974 VIOLATIO;.d OF ZONING ORDIN&NCES Alderman Barber spoke of that violation of zoning ordinances which occurred last fall. Alderman Barber stated that the Housing Committee inspected it and turned the matter over to the City Prosecutor, at which time action was instituted against these violations. Alderman Barber reported that a show cause order was given and the City Prosecutor did not answer it. Alderman Barber commented that something should be done to get the City Prosecutor on the ball. Mayor Conley said there was an explanation and hope to have a recommendation at the next meeting to deal with it. Attorney Shapiro gave a few words of clarification of what has been happening in the past. Attorney Shapiro stated that last fall a number of suits were started to enforce various provisions to the zoning ordinance. The City Attorney at that time did not have the time to do it, he turned it over to another attorney who was being paid by the City to prosecute these cases, the attorney felt that rather than prosecute them under the section of the zoning ordinance which made it a violation and therefore something that could be handled by the City Prosecutor. Mr. Shapiro stated that the attorney felt that it would be better to go after these people in a civil suit seeking a permanent injunction. Mr. Shapiro reported that civil suits are long, drawn out processes and a lot of time and money was spent by this particular attorney prosecuting these four cases. Mr. Shapiro said that when he took office in January there were still two cases open, at that time the City Prosecutor said that he would handle them. Attorney Shapiro reported that they have had a meeting and have determined that the civil remedies are really the wrong way to go, that .they are inefficient in that when we have a lotof these things it just means full blown law suits for each one of them. Mr. Shapiro said it would be much better to prosecute these in City Court as violations with the penalty attached thereto, according to the zoning ordinance. Attorney for the City said that 11r. Hines has indicated his intention to do so, and is under active consideration. On a motion the meeting was adjourned at 10:10 p.m. ./ ,> Edward Conley, Mayor Josph Rundle, City Clerk CM2401i COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK REGULAR MEETING 7:30 P.;-I. July 10, 197+ PRESENT Mayor Conley Aldermen (11) Barber, Boothroyd, toronkay, Gutenberger, Jones, Meyer, Nichols, Saccucci, Schmidt, Slattery, Spano ABSENT 1 Alderman (1) Brock OTHERS PRESENT CitY Contrtfller - Daley Supt. of Public Works - Dingman peputy Fire Chief - Tuckerman Building Comm. - Jones Coordinator - Youth .Direct pr - Cutia City Clerk - Rundle Police Captain .. Price Director of Planning - Van Cort City Prosecutor Hines 11r PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTEST Mayor Conley asked for a meeting pproval of the minutes of the June 12, 197 + By Alderman Barber: seconded by Alderman Jones RESOLVED, That the minutes of the June 12, 197+ meeting be approved as recorded by the City Clerk. ADDITIONS TO THE AGENDA BUDGET AND ADMINISTRATION C0154ITTEE Alderman Schmidt requested that an addition be added under Budget and Administration, which will be a transfer from Contingency to Bus Operation Account. No objections were made. PLANNING AND DEVELOPMENT C924ITTEE AldeMan Jones requested an addition to the agenda under Planning and Development regarding reaffirmation of action taken on March 1, 1972 which statep that the Council will appropriate money in the general fund, water and sewer fund, and capital reserve fund to cover the cost of said projects will not release these funds until such time as all the costs of material, labor costs, etc. have been presented to Council. No objections were made. APPEARED BEFORE COUNCIL I4r. Robert Hines, City Prosecutor appeared before Council. 14r. Hines stated that City Court's main function which is the administration processing of criminal complaints. 14'r. Hines remarked that 15 years ago when he was City Prosecutor there were approximately 25 policemen and had maybe 6 trials a year, and seemed to function well. In 197+ there are over 60 policemen, who do a fine job, which is twice as many people bringing business to the court. The court now sits three days a week. 14r. Hines said that essentially why he was addressing the Council was to advise the f,ouncil that more attention needs to be directed to the law enforcement in the City, to provide resources so that persons who are engaged in that activity can gain a reasonable degree of satisfaction from the work they do. Mr. Hines stated that he particularly is making reference to the police department,, and the citizens of the community who demand services. Mr. Hines said that it did not take the citizens long to learn his phone number •, and realizes how much people do need the services of City Court. Mr. 'Hines said that specifically he would like to see, no great big study, but would like to see an implementation of a program to hopefully enable the court to sit five days a week, and possibly a night court at least one night a week., ?4r. Hines said that he realizes that this would take funds, possibly another Judge, and pay the Judge more, and also that he could make some recommenAatlont on another Judge if necessary. -2- July 10, 1974 Mr. Hines said that he had stuck his neck out and told a policeman that this was in the mill and that he was at the Council meeting to get it started. tor. Hines said they do need at least one night a week to cover traffic cases, and the City Prosecutor should be willing to give at least half of his time to City Court. 14r. Hines said that he would like to see something done by September although he realizes that the Budget is completed for this ,year, he hopes that Council will find funds someplace. Mr. Hines said that another thing which is related to this code enforcement is that they are unable to effectively prosecute code violators in City Court, they can't keep up with what they do have. 'Mr. Hines stated. that what is needed is to go back and review very seriously what the City is doing in terms of law enforcement, which is suits, codes and ordinances, and see if the facilities can't be updated, which at present is doing as good a job now as is humanly possible. Mr. Hines reported that Judge Clynes is doing a fine job but, that he wanted to relay the needs of the Court to Council. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the City Prosecutor submit his arguments in writing and that the Common Council refer them to the Budget and Administration Con-nittee and the Charter and Ordinance Committee. Carried C O1vF,TUWI CATIONS FROM THE MAYOR PARa17TYG RAITI GARAGE: Mayor Conley reported on the parking ramp construction. Mayor Conley reported that the demolition of the comfort station will begin on July 15 and will permit the foundations to be put in. The foundations will begin in August. ITHACA MALL: Mayor Conley reported that he had been talking to the Contractor and the contractor feels that they are on schedule and is very pleased with the project. llayor Conley said that the Contractor did indicated that they had some difficulty finding lines underground, and stated that next week they will be putting in the foundation for the fountain and also by the first of August will be laying permanent surface. APPOINT!,IENTS: C01,1I.t BOARD OF PUBLIC WORKS: Ilayor Conley appointed Milton Shaw of 604 F. Seneca Street as Comm. on the Board of Public Works to replace Arthur J. Golder, term to expire 12-31-75• By Alderman Schmidt: seconded by Alderman Nichols RESOLVED, That the appointment of Milton Shaw as Comm. on the Board of Public Works be approved, term to expire 12-31-75. Carried PLAITNING BOARD: Mayor Conley appointed Rexford Hildreth of 321 N. Fulton Street to the Planning Board to replace Gerald Schickel, term to expire 12-31-75 and Patrick J. Saggese of 201 Columbia Street to the Planning Board, who will replace Christopher J. Conway, term to expire 12-31-76. By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That the appointment of Rexford Hildreth to the Planning Board. term to expire 12-31-75, and the appointment of Patrick J. Saggese to the Planning Board, term to expire 12-31-76 be approved. Carried REPORT OF THE CITY CONTROLLER: City Controller Daley stated that he has prepared a report on the Seneca Street Ramp Garage and the Shuttle Bus Tickets. Mr. Daley said that he hones to do this often to keep track of the income. rIr. Daley explained that full in the report means that a ticket was purchased for the whole month for $20.00 and 1/2 month tickets are sold also at $10.00. The report on the Seneca Street Ramp Garage and the Shuttle Bus is as follows: '3' July 10, 1974 SENECA STREET RAMP GARAGE M0N`rH MONTHLY PARKING DALTLY PARKING FMB DBA December 1 full $ 231852.04 $118.00 January 2 1/2 month 2,504.29 109.00 February 1 full 2,390.11 91.80 .larch 1 full 2,381.78 112.10 April 1 full 2,759.50 120.80 3 full may 1 1/2 month. 3,378.06 124.10 2 full Jme 1 1/2 month 2,961,15 101.60 $ 26.40 (7 days) July 3 full 68.10 (9 days) lie, LOT D CC ►� June 107.70 G� July 169.90 (9 days) TOTALS 1199,22�,93 �, 372.10 SXUTTLE BUS 6 City of Ithaca Employees 1 Woolworth 12 Rothschilds 1 Iry Lewis 1 Savings Bank CHARTER AND ORDINANCE C0111ITTEE Alderman Slattery read the following resolution from the Common Council meeting of June 12, 1974: By Alderman Slattery: seconded by Aldermangoothro d WHEREAS Fluoridation of the Public Water Supply is expressly prohibited by the City Charter and WHEREAS, This Council has been requested to consider changing the Charter to allow fluoridation now THEREFORE BE IT RESOLVED, That this matter be referred to the Charter and Ordinance Committee for its consideration and recommendation. Carried Alderman Slattery presented the following local laws to be laid on the table: LOCAL LAW N0, 5, Alderman Slattery reported on the deletions in Sec. 3.8 as follows: The portion of the paragraph in Sec. 3.8 being deleted by this Charter amendment reads as follows: "except that it shall not enact or enforce any local law or ordinance or resolution for any purpose pertaining in any manner to the fluoridation of the water under control of the City or of the water department of the City government." Alderman Slattery read the amendment as follows: LOCAL LAW NO, 5 OF THE YEAR 1974 CITY OF ITHACA Amendments to Article III Section 3.8 of—City Charter; -4- July 10, 197+ A Local Law amending Section 3.8 of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Article III Section 3.7 of the Ithaca City Charter enacted by Chapter 503 of the laws of 1908 and as last amended by Local Laj3 :':0. 6 Section 1, 1965 and as renumbered by Local Law °io. 1 197+ as Article III Section 3.8 is hereby amended to read as follows: Sec. 3-8. GENERAL LEGISLATIVE POWERS. The legislative power of the city is vested in the common council, and it has power to enact and enforce any ordinance or resolution, not repugnant to the constitution or laws of this state, for any local purpose pertaining to the government of the city and the management of its business, the protection of the business and property interests of its citizens, the preservation of order, peace and health, and the safety and welfare of the city and the inhabitants thereof, and it shall also have such powers of legislation, by ordinance or resolution, as are conferred upon it by this act (L. 1908, Ch. 503), qr any other provision of law affecting the city not inconsistent with this act (L. 19080 Ch. 503), except such as are specially conferred by this act (L. 1908, Ch. 503) upon any separate department or board of the city government. It shall have the management and control of the finances, and of all the property, real and personal, belonging to the city, except as _ otherwise provided by this act (L. 1908, Ch. 503) or by any other provision of law not inconsistent therewith. The powers conferred by this section are not limited by the enumerated powers in the following section. (L. 1908, Ch. 503, J 34; L.L. 1965, No. 6, 91) SECTION 2. This local law shall take effect upon its being duly filed in the office of the Secretary of State subject to the provisions of the Municipal Home Rule Law. By Alderman Slattery: seconded by Alderman Nichols THEREFORE BE IT RESOLVED, That the City Clerk is hereby directed to advertise that a Public Hearing will be held, Wednesday,'^August 7, 197 + ` in the Common Council Chambers at 7:30 P.M., on the aforementioned Charter amendment. a. Carried LOCAL 1AW N0. 6 Alderman Slattery reported on the deletions in Sec. 5.13 as follows: The portion of section 5.13 article I being deleted reads as follows: "except that it shall not in any manner fluoridate the water under the control of the water department of the city government." Alderman Slattery read the amendment as follows: LOCAL LAW NO. 6 OF THE YEAR 197+ i CITY OF ITHACA Amendments to Article V Section 5.13 of City Charter. A Local Law amending Section 5.13 of the Ithaca City Charter. BE IT ENACTED By the Common Council of the City of Ithaca as follows: SECTION 1. Article V Section 5-17 of the Ithaca City Charter enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law number 6 Section 2 and as renumbered by Local Law number 1, 197+ as article V Section 5.13 is hereby amended to read as follows: Sec. 5-13. SCOPE OF AUTHORI'T'Y OF BOARD OF PUBLIC WORKS. The board of public works shall take charge and, subject to the limitations herein contained, have control, subject to the dire ction and review of common council, of the following departments of the city government, of the property belonging thereto, and of the appropriations made therefor: (1) water (2) Sewers and drains -5- July 10, 1974 (3) Streets and sidewalks (4) Creeks and Bridges (5) Street lighting (6) Parks (7) Cemeteries (8) Garbage (9) Public buildings and property, but not buildings or property for use of the fire department. (10) Such other departments as may be asdigned to the board under the provisions of section one hundred and forty-five, section 5-45 as codified, of this act (L. 1908, Ch. 503). (L. 1908, Ch. 5030 9 123; L.L. 195151 No. 1, 1; L. 1953, Ch, 878, 9 127; L.L. 19600 No; 2, 9 1; L.L. 1965, No. 6, 82; L.L. 1972; No, 1 11) t* SECTION 2. This Local Law shall take effect upon its being duly filed in ttV the office of the Secretary of State subject to the provisions of the . Municipal Home Rule Law. a By Alderman Slattery: seconded by Alderman Boothroyd TFEREFORE BE IT RESOLVED, That the City Clerk is hereby directed to advertise that a Public Hearing will be held, Wednesday, August 7, 1974' in the Common Council Chambers at 7;30 P.M.t on the aforementioned Charter amendment. Carried HUI�AN SERVICES COMMITTEE POLICE GRIEVANCE PROCEDURES: Alderman Nichols reported that a draft document has been sent t—he Board of Police .Commissioners and it will be brought up again at the August meeting at which time it will be in such form that it can be passed by resolution in the Council minutes and the Attorney for 'the City suggested that it should be published at least once or twice a year so that people will be familiar with it. CONWAY PARK: 'Alderman Nichols rported that they have readvertised for bids on. the Conway Park for the whole or parts of the project and have already-received several bids. Alderman Nichols said they expect to have the bids in by July 12, 1974 at which time the,bids will be announced. ADMINISTRATIVE SECRETARY: Alderman Nichols reported that the first Administrative Secretary has passed the Civil Service examination for Administrative Secretary and there are details to be taken care of. By Alderman Nichols: seconded by Alderman Slattery RESOLVED, That the secretary's passing of the Civil Service exam for Administrative Secretary be referred to the Budget and Administration Committee. Carried ITHACA HOUSING AUTHORITY: Alderman Nichols reported that the Ithaca Housing Authority will meet on July 10, 19740 Alderman Nichols stated that they have been working recently on trying to create better relations with their tenants. FLUORIDATION: Alderman Nichols reported that she has distributed to the Alderman a booklet on Fluoridation of Public Waters in N.Y.S. It states that in 1968 approximately 62% of the people in N.Y.S. are now being served with fluoridated water through- their public water supply. PLANNING AND MVEI,OPI4CJT COT1MTEE 4 CITY LAND - SIX I2 LE CREEK - WILCOX PRESS By Alderman Jones.. seconded by Alderman Barber RESOLVED, That the Citq land from State Street East to Six Mile Creek be cold as long as the legal aspects are cleared with the Attorney for the -6- July 10, 197+ City. Carried By Alderman Schmidt: seconded by Alderman Saccucci RESOLVED, That the Attorney for the City be authorized to have an abstract prepared and an appraisal for a six foot access easement to Six Mile Creek park, and BE IT FURTHER RESOLVED, That these costs be added to the cost of acquisition. Carried PARK LANDS By Alderman Jones: Seconded by Alderman Nichols WHEREAS, under Article 1 Title 7 of the Conservation Law known as the "Park and Recreation Land Acquisition Act" (hereinafter referred to as `!park lands acquistion act") state Rinds may be expended and made available to cities for the acquisition of land for parks : and WHEREAS, the acquisition by the City of lands for establishing or expanding a neighborhood park is necessary and desirable due to the 7. diminution of open lands convenient to densely-populated 8reas; and WHEREAS, State aid for acquisiti m of lands for a municipal neighborhood park' approved by the governing body of the City may be made available upon the recommendation of the State Commissioner of Housing and Community Renewal and approval thereof by the Conservation Commissioner; and WHEREAS,land acquired by a municipality with the aid of state funds may not be used for other than a public park nor alienated without express lesiglative authority; and WHEREAS, the proposed park location has been approved by the planning board of the City of Ithaca which has also found that the proposed parkllocation generally conforms to the existing comprehensive plan of the community and park development plans and other plans or programs where such 'exist; and WHEREAS, it is desirable and in the public interest that the City of Ithaca acquire lands estimated to cost approximately thirty thousand dollars ($30,000) in order to establish a municipal neighborhood park, described as follows: Parcels 80-5-1 and 71-8-13 as identified in the tax maps of the City of Ithaca.. NOW THEREFORE BE IT RESOLVED BY THE COr41ON COUNCIL: 1. That the said described lands within the City of Ithaca consist of approximately 11,600 square feet. 2. That the said described lands are located in or convenient to densely- populated areas. 3. That the said state aid available under and pursuant to the park lands acquisition act is needed to enable the City of Ithaca to acquire the said described lands. 4. T#at the said described lands to be acquired consist of predominately open pr natural lands. 5. That the land described above are approved for acquisition for a muni- cipal` neighborhood park pursuant and subject to the provisions and re- quirements of the park lands acquisition act as well as such rules and regulations as are prescribed by the Commissioner of Housing and Community Renewal. July 10, 197+ 6. That the City of Ithaca is cognizant of the conditions that are imposed in the park land acquisition act and the rules and regulations of the Com- missioner of Housing and Commm ity Renewal for the establishing or expansion of a neighborhood park with state aid, including but not limited to those prohibiting-the municipality from (a) making any rule or regulation restricting the use of such park to the residents of the municipality without express approval of the Conservation Commissioners, (b) disposing or alienating the lands acquired with the aid of state funds without express authority of the legislature, and the provision by the municipality of twenty-five (25) percent of the cost of land acquisition. 7. That all legal requirements of the part of the City of Ithaca necesssry to acquire the said described land will be met. 8. That the City of Ithaca will otherwise comply with ahy and all requirements of the park and recreation land acquisition act as well as the rules and regulations prescribed by the Commissioner of Housing and Community Renewal. 9. That the filing of an application by the City of Ithaca for a State Grant-in-Aid, to acquire the said described lands, in the amount of thirty thousand dollars ($30,000) is hereby approved, and that the Mayor is hereby authorized and directed to execute and file such application with the Commissioner of Housing and Community Renewal, to provide such additional information and to furnish such documents as may be required by the Commissioner of Housing and Community Renewal or other State officials and to act as the authorized representative of the City of Ithaca. Carried CENTER FOR THE ARTS Alderman Jones reported that in March or April the City Attorney was asked with certain direction from Council to draw up a contract which would be suitable to the' City and the Center for the Arts. Alderman Jones reported that all members of the Council have a copy of the contract. Alderman Jones stated that the basic contract follows the stipulations of Council that the Center for the Arts would not be using the hangar theatre this summer and would have the use of it through Play through October of next year. The fee for the rental by the City to the Center for the Arts will be $1.00 per year. Alderman Jones said that Mr. Shapiro felt that water and sewer and Parking were items that were policy decision and not something that he could cope with which explains the addendum. Alderman Jones read the addendum to Council as follows: ADDENDUI$ ARTICLE THIRTEENTH: [dATER, SEWERAGE, AND PARKING It U understood and agreed between the parties hereto that water and sewer facilities must be available and usable at the demised premises before such use of the demised premises as herein described may be made by the Lessee. It is further understood and agreed that it shall be the responsibility of the Lessee to assure that such water and sewer facilities are ,provided, and that the Lessor makes no representation at this time that-,'it shall be responsible for the costs attendant thereto for construction or usage . It is understood and agreed between the parties that the parking requirements attendant to the uses herein described shall be reviewed by toe BPW annually during the term of this lease beginning on January 1, 1976 and that upon recommendation of the BPW, the Common Council may reasonably modify the areas to be used for said parking. By Alderman Jones: seconded by Alderman Schmidt RESOLVED, That this addendum be accepted by Council and that the Mayor and City Glerk be authorized to sign this contract. AYES (9) NAYS (1) Barber ABSTAIN (1) Boothroyd Carried { _g_ July 10, 1974 ir. Thomas Niederkorn representing the Center for the Arts was present at the Council meeting and answered several questions from the Aldermen. MALL RESOLUTION By Alderman Jones: seconded by Alderman Boothroyd WHEREAS, It seems to be in the best interest of the Ithaca :'Tall to implant a conduit capable of supporting a sound system while the :Mall is bein7; bui 1t, and WHEREAS, The eventual cost of the sound system can be borne by the Mall promotional group, and WHEREAS, A fair and equitable use of the system should be under the yet to be designed Mall Commission, NOW THEREFORE BE IT RESOLVED, That Mall Architect Anton J. Egner be authorized to effect a change order to design and implant a conduit with the capability of supporting a sound system at some future date, cost not to exeeed $3,500.00 AYES (8) NAYES (3) Gutenberger NichOls Barber Carried CRISPELL RESOLUTION By Alderman Jones: seconded by Alderman Barber VMEREAS, Crispell Charter Service, Inc. has heretofore applied to the City of Ithaca for consent to operate a bus line which runs partially through the City of Ithaca, and WITEREAS, A public hearing or notice is required to be held by the Common Council of the City of Ithaca prior to such consent being given or denied, NOW T)EREFORE BE IT RESOLVED, That the City Clerk is hereby directed to advertise a public hearing on the said application by Crispell Charter Service, Inc. , said hearing hereby authorized to be held on the 7th day of August, 1974 at 7:35 p.m. in the Common Council Chambers, 108 East Green Street, Ithaca, New York. Carried C FUNDING OF CAPITAL BUDGET � Alderman Jones asked for a reaffirmation of a resolution of March 1972 ;Tl that this Council, in appropriating monies from the General Fund, Water and Sewer Funds and Capital reserve funds to cover the cost of said projects •+', will not release these funds until such time as beginning and completion dates and material costs and labor costs have been presented to the Council. After discussion of the floor, Council expressed opposition to voting on a reaffirmation resolution, and directed the City Controller to adhere to the original resolution. At 8:55 p.m. Mayor Conley declared a recess At 9: 10 p.m. Council reconvened ENVIRONMENTAL CU.-TISSION Alderman Meyer reported that an informational meeting on Bottle Legislation will be held at the Environmental Commission meeting of July 16, 1974, at 7:30 P._I. in Common Council Chambers. BUDGET AND ADMINISTRATION COT-24ITME Junior_Planner By Alderman Schmidt: seconded by Alderman Nichols RESOLVED, That Rosalind Williams be provisionally appointed Assistant City Planner at a salary of $9,500 per annum, effective July 1, 1974. Carried _9- July 10, 197+ TRANSFERS ° By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That $70' be transferred from G1990 Sewer- Contingency to G8120-1+07 Sewer General Maintenance. Carried By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That $700 be transferred from A1990 Contingency to A5650B-302 Seneca Street Parking Garage. Carried Bpr Alderman Schmidt: seconded by Alderman Jones RESOLVED, That $2,000 be transferred from A1990 Contingency to A8170-312 Street Cleaning. Carried fiPENCER ROAD By Aldermdh Schmidt: seconded by Alderman Saccucci RESOLVED, That the fair market rental for the property owned by the City at the deadend,of Spencer Road be established at $720 per annum* and BE IT FURTHER RESOLVED, That upon executing a lease for said property a fee of $35 be collected for the City appraisal fee. Carried JMES GRAVES PROPERTY By Aj erman Schmidt: seconded by Alderman Slattery RESOLVED, That $750 be appropriated from the Contingency Account for the purchase of the James Graves property abutting the east side of Floral Ave. between State Street and the property owned by the Weiners. Carried. Tn 1Nd AND STORAGE CHARGES Bir Alderman Schmidt: seconded by Alderman Spano RESOLVED, That this Common Council authorizes the expenditure of $3,000 for towing and storage charges as per the attached statement and, BE IT FURTHER RESOLVED, That this Common Council hereby directs the City Clerk and the Ithaca Police Department to take the necessary actions to limit storage charges to a maximum of 60 days. AYES (10) NAYS (1) Boothroyd Carried Alderman Slattery read a letter that he sent to 11r. Gary Lee, Chairman of the Board of Representatives as follows: Gary 'Lee, Chairman of board of Representatives Tompl.ins County Court House 320 North Tioga Street Ithaca, New York 14850 Dear Gary, The City of Ithaca is currently in need of a storage facility for abandoned automobiles. It is our understanding that the County has this need as well. We would like the opportunity to discuss with you the possibility Of a Joint effort to provide such a facility. We may be able to work out an arrangment that will prove mutually beneficial. -10- July, 10, 197 + May we meet with you in th2 near future to discus$ 'Ehis' possibility? Sincerely, Donald Slattery Chairman of Irit4ergovernmental Relations- Common Councili City of Ithaca Alderman Slattery requested the City Clerk to follow up on the letter and arrange a meeting. CITY EXECUTIVE ASSOCfATION By Alderman Sehmidtl • seconded by Alderman Boothroyd RESOLVED, That the City Executive Association be recognized as the designated representative and bargaining agent for the following positions: Youth Director, Assistant Superintendent of Public Works, Building ' Commissioner, Building and Grounds Supervisor, Assistant Fire Chief, Director of Planning, Streets and,Sanitation Foreman, City Chamberlain, Assistant to the Superintendent of Public Works ., City Clerk, City Engineer, Assistant Controller$ and Deputy Fire Chief. Carried ITHACA CITY SCHOOLS By Alderman Schnidtt seconded by Alderman Spano IESOLVED, that the Mayor and City Clerk be authorized and dirdcted, to execute an agreement with the Ithaca City School District for services og-'.the: Civil Service Department. Carried' FAMILY AND CHILD?ENS SERVICE _ By Alderman Schmidt: seconded by:Alderman Barber RESOLVED, That the !Mayor and City Clerk be authorized and directed to execute an agreement with the Family and Childrens Service of Ithaca, Inc. for 'Drug" abuse services. Carried Y"7S OPERATIONS F 01 Jupe 12, 1974 Common Council appropriated $3,500 for bus stop shelters. Only one company bid on the shelters for a bid of $3,823. y Alderman Schmidt: seconded by Alderman Jones P.-E-3OLVED, That $328 be transferred from A1990 Contingency to A5630-250 Bus Operdtions - Other Equipment. Carried ADIMINISTRATIVE SECRETARY Py Alderman Schmidt: seconded by Alderman Barber i,.T,SOLVED, That the position of Administrative Secretary be authorised for A t.'ae :Mayor's Office, Police Chief's Office ajad the Superintendent of Public Works Office. Carried I{MARIE MARSHALL APPOINTMENT _ By Alderman Schmidt: seconded by Alderman Barber RESOLVED, That Mrs. Marie Marshall be appointed to the position of Administrative Secretary in the Ithaca Police Departmept at a salary of $9,358 per annum effective July 1, 1974. Carried AUDIT By Alderman Schmidt: seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Admihi!§trattari -11- July 10, 1,074 Committee in the total amount of 4,27,427.18 as listed on Audit Abstract #6-1974 be approved for payment. Carried OLE BUSINESS AFFIRMATI VE ACTION Alderman Slattery reported that a proposal has been set for an Affirmative Action program for the City of Ithaca which has been submitted to the Charter and Ordinance Committee by 11r. Cleve Meyers of the Human Rights Commission to be studied and action will be forthcoming. BUS TOUR - CAPITAL PROJECTS Mayor Conley reported that at the Board of Public Works meeting one of the Commissioners brought up the fact, that a bus tour to see the capital projects has not been done yet this year. This is a bus- trip to all the City facilities and capital projects. Mayor Conley reported that a date has been set for the bus trip. The+ bus tri will be held on July 27, 1974, Saturday, beginning at 8:30 a.m. at the Shutle Lot. Mayor Conley said that approximately 11:30 a.m, the bus will Stop at the new shelter that was donated to the City by the Kiwanis club dnd have a Joint dedication with the Kiwanis Club. Several aldermen commented that July is a bad month and that a later date might be }pore practical. 'Mayor Conley said he would try to come up with a date. NEW BUSINESS PARKING 14E^lERS Alderman Barber reported that he has had some phone calls from the P•Zerchants below Corn Street regarding the parking meters. Alderman Barber asked who authorized the change in parking meter rates from 5� an hour to 10¢ an hour. Mayor Conley reported that the same thing is being done in Collegetown and the neighborhoods, all the parking meters are being brought to 10¢ an hour. LEHI GH VALLEY RAILROAD Alderman Jones commented that at one time the Council asked for a schedule from Lehigh Valley Railroad. Alderman Jones was under the opinion that they would only be going through town twice a week. 'Ir. Van Cort remarked that the train does go through at 11:00 and there is another train around 5:00 that goes pretty regular. Alderman Jones requested the Mayor to write to the Lehigh Valley Railroad again requesting a time schedule. rfrnJrr.TPAL CONSULTANTS Alderman Slattery reported on the status of the Hunicipal Consultants. and Publishers, Inc. Geneva, New York. DANGEROUS INTERSECTION Alderman Saccucci reported that he has had several complaints from local motorists about the high shrubs and high bushes at intersections causing dangerous traffic conditions. On a motion the meeting was adjourned at 9:46 p.m. J eph . Rundle, City Clerk ward Conley yor COMMON COUNCIL PROCEEDINGS CITY OF IIMCA, NEW YORK REGULAR MEETING 7:30 P.M. August 7, 1974 PRESENT: Mayor - Conley Aldermen - (11) Barber, Boothroyd, Boronkay, Brock, Gutenberger, Jones, Meyer, Nichols, Saccucci, Slattery, Spano ABSENT: Alderman - (1) Schmidt OTHERS PRESENT: Attorney for the City - Shapiro Assistant to Sup t. of Public Works-Dougherty City Controller - Daley Fire Chief - Weaver Building Commissioner - Jones Coordinator-Youth Director - Cutia Police Chief - Herson City Clerk - Rundle Director of Planning - VanCort PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Ple ge ;f A legiance to the American Flag. 6'e MINUTES: Mayor Conley asked for approval of the minutes of the July 10, 1974. meeting. Alderman Jones requested that the minutes of the July 10, 1974 be corrected as follows: Under new business: Alderman Jones requested that City Attorney rule on action of Board of Public Works of 7/10/74 on City's contribution of 1 ramp parking space for 1 year in Downtown contest for Hall (St. Street) name. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the minutes of the July 10, 1974 meeting be approved as corrected. Carried PUBLIC HEARING ON CHARTER CHANGE Mayor Conley reported that he had spoken to groups wishing to sneak at the Public Hearing, and they have agreed they would speak 20 minutes for fluoridation, and,20 minutes against. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the Public !fearing on fluoridation be opened. Carried Alderman Slattery read local laws no. 5 and 6 of 1974: LOCAL LAW NO. 5 OF T11E YEAR 1974 CITY OF ITHACA Amendments to Article III Section 3.8 of City Charter A Local Law amending Section 3.8 of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION I. Article III Section 3.7 of the Ithaca City Charter enacted by Chapter 503 of the laws of 1908 and as last amended by Local Law No. 6 Section 1, 1965 and as renumbered by Local Law No. 1, 1974 as Article III Section 3:8 is hereby amended to read as follows: Sec. 3-8. GENERAL LEGISLATIVE POWERS The legislative power of the city is vested in the common council, and it has power to enact and enforce any ordinance or resolution, not repugnant to the constitution or laws of this state, for any local purpose pertaining 2- August 7, 1974 to the government of the city and the ma.nan Bement of its business, the protection of the business and property interests of its citizens, the preservation of order, peace and health, and the safety and welfare of the city and the inhabitants thereof, and it shall also have such powers of legislation, by ordinance or resolution, as are conferred upon it by this Charter or any other provision of law affecting the city not inconsistent with this Charter, except such as are specially conferred by this Charter upon any separate department or board of the city government. It shall have the management and control of the finances, acid of all the property, real and personal, belonging to the city, except ds otherwise provided by this Charter or by any other provision of law not inconsistent therewith. The powers conferred by this section are not limited by the enumerated nowers in the following section. SECTION 2. This `local law shall take effect upon its being duly filed in the office of. the Secretary of State subject to the provisions of the Municipal Home Rule Law. LOCAL LAIV 140. 6 OF THE YEAR 1974 CITY OF ITHACA Awiendments to Articie V Section 5.13 of City Charter A local law amending Section 5.13 of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Article V Section 5-17 of the Ithaca City Charter enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law number 6 Sec. 2 and as renumbered by local law number 1, 1974 as article V Section 5. 13 is hereby amended to read as follows: Sec. 5-13. SCOPE OF AUTHORITY OF BOARD OF PUBLIC WORKS The board of public works shall take charge and, subject to the limitations herein contained, have control, subject to the direction and review of common council, of the following; departments of the city government, of the property belonging thereto, and of the appropriations made therefor: (1) Water (2) Sewers an{I drains (3) Streets and sidewalks (4) Creeks and Bridges (5) Street lighting (6) Parks (7) Cemeteries (8) Garbage (9) Public buildings and property, but not buildings or property for use of the fire department. (10) Such other depart:,ents as may be assigned to the board under the provisions of $ 5.38 of this Charter. SECTION 2. This local law shall take effect upon its being duly filed in the office of the Secretary of State subject to the provision of the municipal Horne Rule Law. ITHACA SAFE ?'LATER ASSOCIATION v4rs. Smith of the Ithlaca Safe Water Association appeared before Council stating that the Ithaca Safe 'dater Association was opposed to the deletion from the City Charter the amendment which prohibits the fluoridation of Ithaca City water supply. =rs. Smith then introduced Dr. Lennart Krook, who gave a talk and slide presentation in opposition to water fluoridation. Dr. Lennart Krook, Professor of Pathology at Cornell University gave the following -3- August 7, �J7 presentation: PUBLIC HEARING ON FLUORIDATION Ithaca, N. Y., August 7, 1974 On behalf of the opposition: Lennart Krook, D.V.Me, Ph. D. Professor of Pathology New York State Veterinary College Cornell University, Ithaca, N. Y. and Cornell University Medical College, New York, 11. Y, Consumption of 1 mg o£ fluoride per day is claired to reduce dental caries (21). Consumption of 2 mg of fluoride per day is considered the lower toxic level in children (23) . Consumption of 3.2 mg of fluoride is considered the lower toxic level in adults (20) . Please note that I am talking about amounts, not concentrations in the vehicle which carries the drug in question. If water if fluoridated at 1 part per million (ppm), consumption of one quart of water will provide about that one mg of fluoride which we have been told will reduce dental taxies and which we have been told is perfectly safe. My reason for opposing water fluoridation is very simple: Once the water supply is fluoridated, we have lost all control of the total consumption of fluoride. As soon as water is fluoridated, the food chain becomes fluoridated. Our vegetables in our garden are fluoridated, our cereals and vegetables processed in fluoridated water are fluoridated, our soft drinks and beer processed in fluoridated water are fluoridated and so on in a never ending chain. The water off. in Chicago- is fluoridated at 1 ppm. The intake of fluoride, as determined by chei.#cal analyses of actual diets, ranges from 3.6 mg to 5.2 mg per person per day (27) which is in excess -of the levels considered safe. Instead of t, e expected consumption of 1 mg per day, the actual consumption is at -least 3.5 times that high because of the effects on the food chain by water fluoridation. The variation in water consumption is great and so is, consequently, the variation in fluoride consumption in fluoridated areas. The outdoor worker who easily consumes one gallon of water in a warm day receives a toxic dose from that source alone. The office worker who gets along on one quart of drinking water per day is luckier - he gets only the recommended dose of fluoride from that source but he is still exposed to the fluoride in his soft drinks or beer and in food items processed in fluoridated water. No one escapes. We have heard over and over again that water fluoridation at 1 ppm is safe. I bluntly state that it is not and I will substantiate my stand by facts from the scientific literature. I challenge the fluoridation proponents to correct me if I have read the literature incorrectly and I challenge them to prove their view - and not only to reiterate what they have been saying,. IDE AND t4OTTLING OF TEETH me start wits mottling o teeth which is a permanent discoloring of teeth , d which is one of the classical manifestations of fluoride intoxication. Numerous studies on the effects of water fluoridation at 1ppm have been carried out and reported in the literature. I will quote data from two of these studies: One in Newburgh and Kingston, New York and one in Grand Rapids and t=9uskenon, Michigan (2,3,4,5,6,12). hater was fluoridated in Newburgh and Grand Ra»ids while Kingston and Auskegon served as non-fluoridated control cities. The incidence of dental caries was then compared. Numerous reports have appeared in the literature and all claim that dental caries was indeed reduced following water fluoridation. A figure as high as 66.1% has been given and this record figure has been used (9) to show what will happen following water fluoridation, without qualification, this will happen. Before I discuss mottling, I will take issue with these studies concerning the design of the experiments. -4- August 7, 1974 In any drug testing experiment, double blind tests are considered mandatory: Neither the subject nor the exaruner knows the treat-meat. It is an established fact that only such procedures will render unbiased results (16, 22) . This procedure was ignored in the Newburgh-Kingston and Grand Ranids-P±uskeryon studies. Another and more severe criticism is the fact that both in Newburgh, N. Y. and in Grand Ranids, Mich., the initial rates of caries were 10 to 20% lower in each case than in the respective control cities. Further- more, during the first years of study, the caries incidence decreased both in control and in fluoridated areas (12) . I believe this information should be kept in mind to properly evaluate the statement in the Ithaca Journal (9) that fluoridation will reduce dental caries by 66. 70. It is not that simple. Further, not all fluoride trials have produced the desired results. In 'Ottawa, Kansas, fluoridation was abandoned after 3 years, during which time tooth decay actually increased (26) . Now to mottling of the teeth. The safety margin for mottling is very narrow 2 ppm in the drinking water is generally believed to cause mottlin n and even o.6 ppm is known to cause mottling in 2 to 396 of children (11) . In the Newburgh study, mottling occurred in 5.2% of the children *plus 7.5% of � . "questionable" mottling. In Grand Ranids, there was mottlinc! in 7.6% of the child- L^ ren plus 13.2% "questionable" mottling in white children. In black children the rate of mottling was twice that high (23) . :"e have now before us the fact that 1 npm in the drinking, water causes mottling of the teeth. Proponents of water fluoridation have ignored this fact as insignificant - I don't. file are new faced with two alternatives : Either water fluoridation at 1 ppm in itself is not safe with regard to mottling, or this water fluoridation causes fluoridation of other food items to bring out proven toxic effects. Whatever the mechanism, water fluoridation at 1 ppm does cause teeth mottling. I am now compelled to ask two questions. First, is the Mayor of our City and the City Council, with these facts at hand, ready to prdnose water fluoridation and thereby deliberately cause mottling of teeih of whatever degree at the rate of up to 20% in white children and up to 40% in black children. Second, why does a fluoride proponent (19) who says he speaks on behalf of a group unable to lobby for itself - those up to age 8 - withhold this information from his clients, their parents and the voters? Fluoride and heart disease Let us now move to t"1ie ne t subject: Hardening of arteries and heart death. The readers of the Ithaca Journal have been informed (9) that "fluoride assumes an important role in the prevention of hardening of the arteries". Fxactly the opposite is true and I will again cite data from the literature. In 1953, after 8 years of :Fluoridation, heart deaths in Newburgh, N. Y. were 74% higher than the national average (15) . Antigo, Cyisconsin, fluoridated its water in 1949. By 1957, the heart death rate in Antigo surpassed the national average for the first time and the rate has been climbing ever since (10) . From 1950 to 1970, the national average rose by 35 deaths per 100,000 while in Antigo it rose by 298 deaths per 100,000 which is 744% higher t`:an the national average. Before fluoridation, the heart death rate, in Antigo was 26% less than the national average, after fluoridation it is no" IS9 greater than the national average. Similar, although less dramatic figures are available from fluoridated Grand Ranids, Michigan (15). I art not, by presenting these data., implying that water fluoridation is the sole cause of heart death as little as fluoride proponents can claim that Water fluoridation is the sole solution to dental caries. If the prononen is do claim that water fluoridation decreases dental caries, then they also have to accept that the same thing increases heart deaths. Japanese researchers have reported that children raised in high fluoride areas have greater incidence of heart muscle disease than children in low fluoride areas. Children with mottled teeth had greater incidence of heart muscle disease than children without mottling. Children in non=fluoridated districts had no heart muscle disease. Experimental studies in rabbits showed that the degree of heart muscle disease was proportional to the dosage of fluoride and the length of exposure. I am again compelled to ask two questions. First, is the "Iayor of our City and the City Council, with these facts at hands ready to nronose water fluoridation -5- Auiust 7, 1974 and thereby deliberately increase the risk of heart death up to 'loo greater than the national average? Second, what are the reasons of the. fluoridationists for telling us that fluoride assumes an impor tant role in prevention of hardening of arteries? Fluoride and anemia in children Me- next issue is an me ia`in i ldren and its relation to water fluoridation. I assume that most of you in the audience react with surprise because you have not heard of this before: Why? Because this negative finding in the Newburgh study was ignored by the authors and conveniently hidden from the public. In 1956, the 13th paper from the Newburgh-Kingston study dealt with pediatric findings (25) . The authors measured hemoglobin levels, an index of anemia and stated that "the hemoglobin levels showed no significant difference between Newburgh and Kingston children." Then you look at the. figures: 29 of 500 children in Newburgh were anemic and 10 of 40S in Kingston, Thus, the rate of anemia in children in fluoridated Newburgh was 2.35 times greater than in children in non-fluoridated Kingston. The difference is statistically significant, regardless what the authors stated. I an now compelled to ask two questions. First, is the Mayor of our city ,' and the City Council, with this fact at hand, ready to propose water fluoridation and thereby deliberately more than double the risk for anemia in Ithaca _- children? Second, why do fluoridation proponents withhold this information from the public? Don't they know? Isn't the pu')lic entitled to :know? Fluoride and osteoporosis Now a ew wor s on osteoporosis - softenin n of bones - and fluoride. A discussion of this topic should have been superfluous were it not for a statement in the Ithaca Journal (9) that "Fluoride assumes an important role in the prevention of osteoporosis." Again, no qualifications - we are asked to accent this fluoridated Utopia without question. I have commented on osteoporosis and fluoridation in the Ithaca Journal (July 26, 1974) 1, I will only repeat that clinical studies on human osteoporosis have yielded positive results, no results and negative results concerning the effects of fluoride (14) . Under controlled laboratory conditions, nutritionally induced osteoporosis in adult dogs becomes more severe with addition of fluoride at levels commensurate with water fluoridation at 1 ppm up to the levels used in attempts to treat osteoporosis in man (17). The claim that fluoride prevents osteoporosis is unsubstantiated and attempts to treat osteoporosis with doses far beyond toxic levels have not been successful. Once again, I am compelled to ask two questions. First, do t'ie unsubstantiated claims that fluoride has any role in the prevention and treatment of osteoporosis in any way influence the decision on water fluoridatien by the Mayor of our city and by the City Council? Second, do the fluoridation ists read only what supports their own concepts? These are the main points of my address: !',ater fluoridation at 1 nnm causes, either directly or indirectly by contamination of the food chain, mottling of teeth, heart disease in children and adults and anemia in children; further, it does neither prevent nor cure osteoporosis. I will now add a few more hazards of water fluoridation. Kidney disease,. diabetes and fluoride ere are two is ,asess R' idllt and aging which are associated with excessive water intake with chronic kidney disease but the agility of the kidneys to get rid of ingested fluoride is decreased. The risk of chronic fluorosis is therefore increased for two reasons. Concerning diabetes and fluoride, there are some chilling statistics available. In fluoridated Grand Rapids, Michigan, the death rate amonn diabetics is 841 higher than anion g diabetics in non-fluoridated "Muskegon, Tlichigan (15) . tdater fluoridation certainly cannot be claimed to have a reducing °'''sect on dental caries in the old population, including those suffering from kidney disease or diabetes. Can we then, in good conscience, force these people to drink fluoridated water if we know we are causing further disease and increased death rate? -6- August 73 1974 Dental caries, fluoride and your pocketbook e imme late response to-- e-claim`t=i`at water fluoridation reduces caries is that your dental bills will be reduced accordingly. Two different . methods to evaluate the effects of fluoride on your pocketbook are on record. One method was employed by Dr. Frederick Stare, a nutritionist at Harvard, a fluoridation ist and a resident of Needham, tassachusetts. He addressed the Detroit Dental Society on June 27, 1962, and the following day the Detroit Free Press reported (13) : "Ile said Needham, Mass. , paid X10,000 -For installation and $3,000 a year to add fluoride, but has a community-wide reduction in dental bills of between $125,000 and $150,000 a year. However, shortly thereafter, a Needham, Mass. official reported (8) that the water there had never been fluoridated up to that time. Another method is to search for facts. If the drastic reduction in caries following water fluoridation were an established reality, "logic suggests that the pattern of dental practice in towns supplied with fluoridated water ought to differ substantially from the pattern of dental practice in towns where water is not fluoridated. (24). The U. S. Public Health Service supported a research project on this topic at the rate of $217,000 to the Medical Center, University of Illinois in Chicago.. This was in 1966 and as of 1969, nothing had been published in the scientific literature. In June, 1969, the Office of Public Information of the :Medical Center gave this information in a press release quoted fro,A Saturday Review, August 2, 1969 (24) : "They expected to find variations in dental treatment, patient loads, and dentists' income and practices in communities with fluoridated water. However, they found an apparently similar number of patients who seek dental treatment in both types of communities. They have also found that most patients apparently visit a dentist when they are in ;gain and obviously in need of care; few people go for preventive dental care." .."As an adjunct to the larger research project, Dr. Douglas and "aiss Coppersmith also have discovered that fluoridated water has little effect on the age at which children first visit a dentist's office, also contrary to original expectations." The Science Editor of the Saturday Review concluded: "If shifts in population do not explain the absence of fluoridation's anticipated effect on dental practice, it seems reasonable to ask: !fiat does?" Fluoride and public information eater luoridation was anproved by the U. S. Public Health Service in 1950. It was endorsed by the American Dental Association the same year and in 1952 by the American ?tedical Association. Water fluoridation was indeed promising as a weans of reducing; dental caries and adverse effects were not known at that time. In the campaign to promote water fluoridation, rather questionable methods have been used. Both the American Dental Association (7) and the American PIedical Association (18) are on record for having rejected research navers showing negative effects of fluoride and both organizations have refused the opposition at their national conventions. In 1965, the American Dental Association adopted a policy which declared that "Fluoride is no longer debatable in the scientific community" (1). When one believes that research ever will reach such a finality that further study can no longer change the existing dogma, one has, indeed, conceded defeat. Fortunatley, everybody did not comply with the dictatorial policy of the American Dental Association and we have now available an impressive body of knowledge to show that fluoridation at 1 ppm is not safe. I firmly believe that it is the duty of Vie Mayor of our City and the City Council to be well informed on the latest developments in fluoride research before they place the issue before the voters. It is also the right of the voters to be well informed before they decide on such an important matter. I have tried to convey what I know from reading* the literature and from carrying out reaearch on fluoride. I know I are on firm ground when I state that water fluoridation at 1 ppm is not safe. In a meeting with Ithaca Safe .Water Association on July 30, 1974, I summarized literature data to show that water fluoridation at I ppm: 1. causes mottling of teeth 2. increases anemia in children 3. increases heart death rate I then asked the president of the local dental association if he considers -j_ August 7, 1974 water fluoridation at 1 ppri safe. He answered yes. If the spoki►sman of the local dental association is refractive to these convincing evidences against fluoridation and is willing to change the standards of safety to agree with any harmful effects of water fluoridation, I believe he has given the voters all the evidences they need to reject water fluoridation. I have been advised by a person in City Government that when you eppose an issue that is likely to be placed before the voters, you have to offer an alternative. I hereby do an inexpensive and perfectly safe alternative to water fluoridation: Don't do it. REFERENCES 1. American Dental Association. 1965. Statement on "Twenty Years of Fluoridation" adopted by the American Dental Association House of Delegates. 2. Arnold, F. A. , 11. T. Dean and J. W. Knutson. 1953. Effect of fluoridated public water supply on dental caries prevalence. Results of the seventh year of study at Grand Rapids and `°uskegon, �1ich. Public Health Reports. 68:141 3. Arnold, F. A. , H. T. Dean, P. Jay and J. V1. Knutson. 1956. Effect of fluoridated public water supplies on dental caries prevalence. Tenth year of the Grand Rapids-Muskegon study. Public Health Reports 71:652 r- 4. Arnold, F. A. Jr. , R. C. Likins, A. L. Russell and D. B. Scott. 1962. Fifteenth year of the Grand Rapids fluoridation study. J. Am. Dental Assoc. 65:780 5. Ast. D. B. , S. B. Finn, I. NcCafferyi E. R. Schlesinger, D4 E, Overton and 1-1. Chase, 1950. The Newburgh-Kingston caries fluorine study. I. Dental findings after three years of fluoridation, AA J. Publ. Health. 40: 716. 6. Ast. D. B., D. J. Smith, B. Wachs and K. T. Cantwell, 1956. Newburgh- Kingston caries fluorine study. XIV. Combined clinical and roentgenographic findings after ten years of fluoride experience. J. Am. Dental Assoc. 52:314 7. Bernhardt, M. A. , Secretary, Council on Dental Health, American Dental Association. 1969. Letter to D. A. Allen London, Boonton, IN. J. , October 3, 1969. 8. Carre, P. W. 1962. Letter to LMr. P. A. Patterson, Detroit, from Board of Selectmen, Town of Needham, Klass. July 18. 9. Cappucci, A. E. 1974. Letter to the Editor, Ithaca Journal. June 4. 10. Citizens Action Program for Safe Wisconsin Water. 1972. News Release, August. 11. Dean, H., t. 1934. Classification of mottled enamel diagnosis. J. Am. Dental Assoc. 21: 1421 12. Dean, H. T„ F. A. Arnold, Jr. , P. Jay and J. AV. Knutson. 1950. Studies on mass cnn'trol of dental caries through fluoridation of the public water supply. Public Health Reports. 65:1403 13. Detroit Free Press. 1962. Fluoridation benefits proved, says expert. June 28 14. Faccini, J. t4. 1969. Fluoride and bone. Calcif. Tissue Res. 3:1 15. Fluoridation Fact No. 42. 1965. September 29. 16. Goldstein, A. , L. Aronow and S. M. Kalman. 1968, Chapter 14: The selection of drugs for clinical use. In: "Principles of Druv, Action". Hoeber Medical Division. Harner and Row. New York -8- August 7, 1474 ._. 17. Henrikson, P. A. , L. Lutwak, L. Krook, R. Skogerboe, F. Kall4'el2, L. F. Belanger, J. R. Marier, B. E. Sheffy, B. E. Romanus and C. Hirsch. 1970. Fluoride and nutritional osteoporosis: Physicochemical data on bones from an experimental study in dogs:. J. Nutr. 100:631 18. Jerard, E. , Editor . 1968. The Case of the Protected Pollutant. Phi Meta Kappa Environmental Study Group. New York. 19. Kilgore, C. J. 1974. Letter to the Editor, Ithaca Jouranl. Play 27 20. Krepkogorsky, L. N. 1963. Fluorine in the traditional diet of the population of Vietnam, in relation to endemic fluorosis. Gigiena i Sanitariya, 28(12) :30 21. iv,cNeil, D. R. 1957. The fight for fluoridation. Oxford University Press, New York 22. Nickerson, H. 1967. The control of unknown variables. In a symposium on Problems in Clinical Pharmacology. Canad. Pled. Assoc. Jr. 97:118 23. Russell, A. L. 1962. dental fluorosis in Grand Rapids during the Cz seventeenth year of fluoridation. J. Am. Dental Assoc. 65:609 2f: 24. Saturday Review. Editorial: fluoridation and the Dentist. 1969. D August 2. 25. Schlesinger, E. R. , D. E. Overton, H. C. Chase and K. T. Cantwell. 1956. Newburgh-Kingston caries fluorine study. XIII. Pediatric findinns after ten years. J. Am. Dental Assoc. 52:296 26. Scrivener, C. C. 1951. Unfavorable report from a Kansas community using artificial fluoridation of the water supply for a three year period, J. Dental Res. 30:465 27. Spencer, H. , I. L2 in, J. Fowler and J. Samachson. 1969. Am. J. Clin. Nutr. 22:381. Quoted from 111arier, J. R. And D. Rose. 1971. Environmental Fluoride. National Research Council of Canada, Publication No. 12,226 . LOCAL DENTAL SOCIETY Mayor Conley then introduced Dr. James Orcutt, President of the Local Dental Society who spoke in favor of fluoridation and gave the followingg., presentation: Four years ago when I first returned to my hometown (Ithaca) to practice denistry, I casually asked at a dental meeting, "Why isn't the water fluoridated?". . . Tonight as I look at Mr. LoPinto, Dr. "McDaniels; and others I think I may know the answer to my question. Now that I have some what naively reopened the can of worms I hone to resolve the problem. Not having been here during the time of the last verbal Donnybrook (I was in college) I missed out on the opportunity to become emotionally involved. (Quite frankly I'm glad I wasn't here). Since oral health is my profession, I do have predisposed attitude on the subject of water fluoridation. Naturally I feel that everyone should want it...but they don't. Thus after reading literally thousands of pages of scientific material; writing to numerous health agencies and services, and generally neglecting my family, I decided to think like an anti-fluoridationist. What wouldn't I like about fluoridation notknowing what I know. The following (not necessarily in the order of importance) are the reasons why: 1. Physical harm 2. The threat of Science 3. The invasion of my individual rights 4. Whats in it for me? 5. Are the professionals trying to put something over on me? I believe that there are a few people out there who are genuinely "SCARED STIFF". _9- August 71 1974 Some of these peopth ri neo le honestly think that we are ?oint? to kill thdid Now if you don't i k that these le are persuasive . . . jus{ ireaten my life P and see how persuasive I can be! To just breifly put these neod�lei3- mind at ease please listen "Even though millions of people have AfI ik, throughout their lives, water fiuoridated 'far beyond the trace quantity recdnb6nded for dental health, no evidence of injury has been observed, with the exception of mottled enamel, which occurred in areas using water containng excessive quantities of fluoride. I will elaborate on this in more detail later on. The threat of Science is a very, legitiment concern. Billions of dollars are spent every year inventing sophisticated ways of decimating our fellow man. Perhaps there is little we can do to protect ourselves from the introduction of scientifically designed instruments of war, However, we at least are in this country protected from unsafe health measures such as use of untested medicines, unproven practices and healing schemes of health personnel, etc., by the Food and Drug Administration; National Academy of Science, the National Institutes of Health; the National, State, and County Health Services; not to mention the specific health associations to American i'fedical and Dental Association etc. At this time I would like to read the Fluoridation Fact Sheet that I submitted to the Ithaca Journal in it's entirety. The following is presented in cooperation with the Tomnkins County Dental Society and the American Dental Society. F LUOR I DATI';^1 FACTS Fluoridation is a proven health measure which can alleviate one of the Nation's leading health problems -- dental decay. Decades of research, followed by over a quarter century of practical demonstration, have shown that the adjustment of fluoride content of a water supply is safe and effective means of preventing nearly two out of three cavities. No other preventive dental health measure can as effectively reach all Americans without regard to socio-economic or educational status. Studies have shown that costs of dental care for children are about one-half as much in fluoridated communities as in non-fluoridated communities. The prevalence and expense of dental decay underscore the pressing need to make the benefits of fluoridation available to everyone. The following will summarize some of the significant research which has been accomplished, and relates it to certain questions which are as'.ced about fluoridation. 1. ghat is Fluoridation? Ans. Fluoridation is the procedure of adding fluoride to the water to make the concentration of one ?art fluoride to one million parts water. 2. Does the Ithaca water have naturally occurrin R fluorides? Ans. The fluoride content of the Ithaca water supply varies from 0.0 to 0.2 ppin depending upon run off conditions. 3. Does fluoride in the public water supply have a harmful effect on humans? Ans. Numerous studies have shown that consumption of fluoride at the level recommended (lppm) for optimum dental health does not have a harmful effect on humans. 4. tVhat are the benefits from fluoridated water and ne riodic dental care? Ans. The benefits from both fluoridated water and regular periodic dental care starting early in life make it quite clear that this kind of Program is essential to reduce the hazard of tooth loss and the potential results, for economic reasons, and to conserve the limited professional manpower time available so that more natients needing attention can get it. 5. Does fluoridated water cause or aggravate a variety of physical and mental ailments? Ans. Extensive research has shown that there is no connection between rhysical and mental ailments and the presence of fluoride in drinking water at the level recommended for dental health. 6. ;dill fluoride cause an unsightly staining of the teeth? August 7, 1974 Ans, At high cone.entrations of fluoride dental fluorosis (also called "mottled enamel") riay occur. The degree of fluorosis may be such that the enamel picks up stains which the teeth are developing which may discolor the teeth. It is note worthy that this will not worsen with age. At the con- centration recommended for dental protection against decay, a non cosmetic dental fluorosis may occur in less than 10% of the children using fluoridated water from birth. This does not cause staining, or impair the appearance in any way. 7A. Is fluoride a poisonous substance? Ans. In high .con centrations fluorides are poisonous but so too are many common substances needed for good health (ie: sodium chloride which is ordinary table salt; Vitamins A and D; Iodine; and many others) 7B. Can fluoride in the drinking water produce allergic reactions? Ans. The American Academy of Allergy says, "There is no eveidence of allergy or intolerance to fluorides as used in the fluoridation of community water supplies. " VI 8. !Jill fluoride cause or accelerate the growth of cancer? CC Ans. The National Cancer Institute of the National Institutes bf g1ealth �= stated in 1972 that "Fluorine or fluoride salts are not carciriogeniet !'4ter fluoridation applied for the purpose of dental caries pronhyldxis noses no hazard relevant to cancer causation." ._ 9. Will fluoridated water damage internal organs, especially the kidneys? Ans. Drinking fluoridated water at the best level for dental heals. does not damage internal organs. In March 1973, the National Kidney Foundation stated, "Our position, based on medical evidence, is that fluoride does not harm the kidney; nor does it have any harmful effect in the batient underaoinc* dialysis. 10. Do vital statistics in some cities show a rise in the rate of deaths from heart disease and other illnesses since fluoridation? Ans. Heart disease and other causes of death are not related to the amount of fluoride present in drinking water. From the Professional staff of the Epidemiology Branch of the National Heart and Lung Institute, "No evidence has�be,�-n found suggesting any relationship between the intake of fluoridated water and heart disease." 11. Is fluoridation harmful to bones? Ans. P4any studies of the relation between the fluoride content of water and human bone structure have been undertaken. No harmful effects have been found at the concentration recommended for dental health. Furthermore, there is evidence now that fluoride at higher concentrations is beneficial in preventing osteoporosis, a type of weakening of the bone structure common among older people, also fluorides are now believed to Play a significant role in the prevention of the calcification of the aorta (a form of cardio- vascular disease) . 12. What is the relationship of air pollution to community water fluoridation? Ans. According to the National Air Pollution Control Administration fluoride concentrations in ambient air (atmosphere) pose no problem for communities with water fluoridation. 13. Do we have final knowledge of the effects of fluorides on humans? Ans. In scientific research, there is no "final knowledge" or "guarantee of success." No "guarantee" can be given concernint7 the ability of any measure to cure or prevent a health problem. All. the available evidence, however, points to major dental benefits without harm to total health when the community water supply contains 1 ppm of fluoride. 14. Is fluoridation a restriction of individual liberty or-religious freedom? Ans. No constitutional rights of citizens to freedom of individual or religious belief would be invaded or violated by the adoption of fluoridation. N6 court of last resort has ruled unfavorably on fluoridation regardless of t'le charge presented. The decisions which have resulted have established clearly that fluoridation is not a violation of-rights under the First or Fourteenth Amendments to the Constitution. :1� v -11- Au c, 1974 15. Is fluoridation a form of co7mulsory mass medication? Ans. Fluoridation cannot be considered medication at all, since AUbride is a preventive substance which appears as a normal ingredient of almodf dill foods and water supplies, and does not "treat" or "cure" tooth decay. 16. Does fluoridation constitute "socialized medicine?" Ans. Fluoridation no more constitutes "socialized medicine" than dO ether community-wide measures for disease prevention such as chlorinat.ioni In fact, fluoridation represents one of the most realistic argumentg Ifginst "socialized medicine" inasmuch as it is a preventive measure and is d project which communities determine and provide for themselves. 17. Why does fluoridation often lose when it is nut to a public vote? Ans. About 600 of the referenda to initiate or retain fluoridation have been defeated. Many commumities have voted several times before fluoridation was adopted, Social scientists have conducted numerous studies to determine why this phenomenon has occurred. Among the factors noted are the difficulty an electorate not scientifically trained, faces in evaluating highly techincal information, the tendency of undecided or confused pQople to vote 'ho," the use of emotionally charged "scare" prdpaganda by the opposition; and the tendency for fear to dominate when voters are faced with an abstract issue like fluoridation& 18. Could fluoride be added to table salt, milkk broad or some ether foods? Ans. Fluoridation of salt as an alternative has been considered, especially for parts of the world which do not have communal water gunplies. Among the disadvantages in the relatively lower salt consumption during the tooth-forming_ years of early childhood. Use of salt with a. common fluoride content could present problems in view of the wide ranges of fluoride Content found naturally in water supplies. The objections to fluoridated milk are: 1)milk intake is so variable that it is difficult to suggest the ann ronriate dosage; 2)many children cannot tolerate milk therefore would not be able to benefit from it; 3)mcnitoring the fluoride content of milk is technically much more difficult than checking the fluoride content of water; 4)because fluoridated milk could not be sold in area having natural dr controlled fluoriddtion, regulation would be difficult do d established marketing patterns would be disrupted; 5)suth milk would be more costly; 6)and finally whether children would benefit would be left to the initiative and bugetary situation of the parents. Similar objections apply to the addition of fluoride to other foods such as flour. Consumption is variable. If such foods were centrally processed, dosage would have to be quit-, low to avoid too high an intake in areas with fluoride-rich water. Where processing is decentralized, control and supervision would be difficult. 19. Can the benefits of fluoride be effectively provided through tablets? Ans. In a controlled situtation, fluoride tablets and/or drops have an effectiveness comparable to that of water fluoridation. For optimum benefits use of tablets must begin at six months of age ' and be continued daily until the child is eight to ten years old. 20. Why not have a community program of free fluoiide tablets? Ans. There are critical shortcomings to the distribution of fluoride tablets to a large population which make this program unsuitable as a public health measure. It is difficult to get tablets to all children of anpronriate age and it is highly improbable that parents will consistently give their children tablets daily for the duration of the tooth developmental years. Such programs were tried in Clifton, N. J. and Newark, N. J. and both programs were miserable failures. 21. Isn't it wasteful to fluoridate all the water when only a small amount is used for drinking pur-poses? Ans. Water which is chlorinated, softened or in other ways processed is used for watering lawns, for washing cars and for most industrial purposes as well as for drinking. It has been found much more practical to treat the entire water supply than to have seperate water systems. The same is true of the Ithaca water supply particularly since the cost per person will be from ten to fifteen cents per person per year for fluoridating the entire supply. 22. Does fluoridation benefit children only? Ans. It is true that at first fluoridation benefits children only. However, as these children grow to adulthood, the benefits affect an increasing portion of the population. Recent studies point to fluoride's value in preventing or slowing the loss of calcium from bones, a problem which develops with -12- August 7, 1974 advancing age or as the result of certian diseases. 23. Does "artificial" fluoridation produce the sar:e benefits as natural fluoridation? Ans. Fluoride is present in water as "ions" or electrically charged atoms or groups of atoms. These ions are the same whether acquired by water as it seers through rocks and sand, or added to the water supply under carefully controlled conditions. 24. Is tooth decay a serious enough disease to warrant fluoridation? Ans. The most widespread and most expensive health problem in the 11nited States today consists of unmet dental needs. A large part of the problem is caused by tooth decay, which is the most prevalent and one of the most costly of all chronic diseases. Dental disease takes a heavy toll beyond the oral cavity itself, affecting general well-being; through nutritional status, and emotional and social well being through its effect on appearance. 25. Is it true that fluoridation delays rather than prevents decay, and benefits of fluoridation don't last? Ans. Some opponents of fluoridation have distorted statistical data in an attempt to show that decay is delayed a few years at most, and benefits of tr fluoride do not last into adulthood. An example of such an approach is y comparison of statistics on decay in older children who have used fluoridated water only part of their lives, with data on younger children cwTho C have benefited from fluoride since birth. Naturally, the older children show a greater decay rate. When statistics on children of various ages who have all used fluoridated water from birth are compared, it is clear that the benefits continue. 26. is fluoride essential .to human nutrition? An. ! re commend Dietary Allowances, page 98-9, 126; Food and Nutrition rational Research Council, National Academy of Sciences, D. C. 18740 states that ,fluoride is an essential dietary in,r?redient. incorporated in the structure of the teeth szndis necessary for _,e.;istance to dental caries. tts protective role Is narficularly evi ing infancy and early chi ldhood and persists throughout life. 27. f11>oridation present difficulty engineering probler^s? �a.r. . ;-cccess of adding fluoride to the water is basically similar to the adclit ola chlorine and other substances which have been 7enerally used for de- cades to =:.: s =,re water safety and improve quality. '.'pith todays equipment, water -.� .­.3onnel can maintain fluoride concentration within 0. 1 ppm of the level. (For anyone interested the United States Environmental : ..t Agency, ;Dater Supply Programs Division, 11!ashirgton, n. C. 20460 ha.:� ;;z . Fluoridation Engineering �.,zanual which one may obtain by writing the a ove.) 28. '.°Fill the addition of fluoride effect the taste or clarity of the water? Ans. :Y.i.:'Jri.���' is odorless, clear, and tasteless at concentrations even much higher than 1 ppm. 29. tVJ_11 fluoridated water cause corrosion? Ans. Amcrican Eater Works Association says: "It may be categorically stated that thF„ ,;codification of chemical characteristics in the public water supply, treated with 1 to 1.25 parts per million fluoride containing materials, does not increase or decrease the corrosivity of the water." The National Association of Corrosion Engineers says: "The effect of fluorides, if any, on the corrosion rVD3 of cater system metals, when present in the concentrations normally required for caries control, is so small that it cannot be measured." The New York University College of Engineering Research Division says: Reportinc on a survey of fluoridation practices in 20 major U. S. cities: "In no instance is any pipeline corrosion traceable to the fluoride content reported." 30. :dhy do scientists including certain physicians and dentists, continue to oppose fluoridation? Inspite of the fact that over 8111000 scientific experiments have been performed. Ans. Opinions are seldom unanimous on any scientific subject. The vast majority of health professionals, including physicians and dentists, firmly sunoort fluoridation. The validity of a charge against fluoridation has never beerr, sub- stantiated by reliable evidence. For an overwhelming majority' of those _13. Au^us` 7, 1� practicing in the healw professions, there is no doubt' about tie safety and effectiveness of fluoridation. Of the small minority who do oppose measure, a number do so for philosophical reasons, or because they geneA iy oppose community action on health issues. 31. Is the expense of installing and operating fluoridation equipment justified by the time and cost savings achieved? Ans. Fluoridation saves far more time and money, through lowered ex»enditures for restorations, than is needed to install and operate the necessary equipment. The estimate given for installing the necessary equipment for fluoridating the Ithaca water supply is $20,000 to $25,000 and $S,OOO .per year to operate. 32. Is fluoridation a form of pollution? Ans. The Environmental Protection Agency has answered this question as follows, "By definition, water pollution is the addition to water of a substance which makes such water unfit for its intended use. Since adjusting the natural fluoride content of drinking water to a level which is optimal for the reduction of dental decay does in no way make the water unfit for drinking, water fluoridation cannot be considered to be pollution." 33. ila:s fluoridation been rejected by other countries? Ans. In many countries, as in the United States fluoridation has become a political issue, subject to scare propaganda and an ti-fluoridation ists' pressure on political decision makers. As a consequence, a few countries have taken political steps against fluoridation, even though the national dental and other scientific agencies strongly recommend the measure's adoption. Because semen countries, particularly in Europe, have had no direct experience with fluoridation, their leaders have doubts about duplicating its American success, and therfore have little interest in supporting the measure. Sweden has prohibited fluoridation on a national scale, but this legislation was enacted without any evidence of harm involved. Yet fluoridation has had great success in many countries. Ireland.was the first country to make fluoridation compulsary. Fluoridation is practiced in more than 30 other countries, but those with extensive_ fluoridation inclL('ethe Netherlands, Canada, Australia, Brazil, Chile, New Zealand, along with Czechoslovakia, the U.S.S.R. _ and other Communist lands. The world Health Organization has approved fluoridation for implementation "where practicable" by its member countries. In many foreign areas, fluoridationis not feasible for a variety of reasons, including the lack of-central water supplies, the presence of more urgent health needs and the lack of fluorides or funds to buy them outside the country. 34. Shpld fluoride be added to our pure water? Ans. Pure water exists only in the chemistry lab. All water supplies naturally contain varying amounts of many substances acquired from surrounding soils and rock formations. Among these is fluoride, which may occur naturally in amounts lesser or greater than needed for optimum dental health. Nearly all water supplies :rust be processed to be safe and suitable for human consumption. The substances employed for this purpose include aluminum sulfate, ferric chloride, ferric sulfate, activated carbon, sodium hydroxide, soda ash, and of course, chlorine. None has been more thoroughly researched than fluoride, nor proven to have a better record for safety. 35. How many people in :'Jew York State are drinking fluoridated water? Ans. In 1973 approximately 99 fluoridated water supplies serving 379 mulicinalities water districts and companies in New York State served 12,1 SS, 312, Ne.r Fork residents. Of the entire New York population of 18, 199,740 pc;-)ple 91.2 are using public water supplies. Of these people using the public water supplies 73.18% are drinking fluoridated water. The following counties have more than 650 of the total population using fluoridated water: Chemung, Erie, Monroe, Niagara, Onondaga, Rensselaer, Schenectady, Westchester, New York City. 36. Who supports fluoridation? Ans. The following national and international organizations support fluoridation: American Academy of Allergy American Academy of Pediatrics American Academy of Pedodontics American Association for the Advancement of Science American Association of Public Health Dentists American Dental Association American Dental Hygienists Association AFL-CIO -14- August 7, 1974 American Heart Association American Institute; or Nutrition American Legion American T9edical Association American Pharmaceutical Association American Public Health Association American School Health Association American Society of Dentistry for Children American Veterinary Medical Association Association of State and Territorial Dental Directors Association of State and Territorial Health Officers Canadian Dental Association Canadian Medical Association Canadian Public Health Association Health Insurance Institute of America International Dental Federation National Congress of Parents and Teachers National Health Council National Research Council Society of Toxicology U. S. Department of Defense C' U. S. Public Health Service World Health Organizations u' All Local Health Associations C 37. Is fluoridation a state law in any of the fifty states? Ans. Nine states have enacted state wide fluoridation laws: Connecticut, Delaware; Georgia; Illinois; Michigan; Minnesota; Nebraska, Ohio; and South Dakota. 38. Local studies The debate on what are an individuals rights tends to become circular (no one agrees on what an individuals rights are) . I personally feel that the small children who do not have a voice of opinion are Navin r their right to good ora-1 health denied by their parents and the Deople who are opposed to fluoridation of the water. Believe it or not I frequently have children in the office who do not have a tooth brush, point-in-fact, never had a tooth brush much less know how to use one.. .I also have many children in the practice who have many tooth brushes but never use them. (Not to mention adults) . So people say what is in it for me? Other than the satisfaction that our children and grandchildren are receiving the benefits of the greatest advance in denistry since the beginning of time we are getting nothing. Finally, are the professionals trying to nut something over us? Yes we are. The war against disease.. . .everyone's war, is gradually being won. Although dental disease may not share the same magnitude of importance as heart failure; or the inability of one to breathe it is important to the general health of an individual. Believe it or not it is not a natural for one to grow older and lose his teeth. It is not unnatural to find opposition to fluoridation. Witness the opposition of some to blood transfusion, to vaccination, to immunization, to pasteurization and to chlorination of public water supplies. Each of these scf--nific developments has marked a milestone in man's determined effort to improve himself against the determined opposition of those who refuse to adjust to progress. "Progress seldom comes easily." (Edward H. Angle) The purpose and intent of public health summed -up, by PIilton J. Rosenau. Preventive medicine "dreams of a time when there shall be no unnecessary suffering and no premature deaths; when the welfare of our neonle shall be of highest concern; when humanity and.mercy shall replace creed and selfishness; and it dreams that all these things will be accomplished through the wisdom of man" Preventive medicine "dreams of these 'things, not with the hope that we, individually, may participate in them, but with the. joy that we may aid in their coming to those who shall live after us." August 7, 1104 Dr. Lennart Krook then made some additional comments against the fluoridation of water. Dr. Orcutt stated that the statement that Dental fluorosis is found twice as much in black children than white is erroneous. A. W. Laubengayer, Chemist Professor at Cornell then spoke against fluoridation. Mr. Laubengayer stated that during research, and teaching lie has had occasion to work with fluorides for 40 years. Mr. Laubengayer said that he protests that anyone who has had experience taking salt, certainly has not experienced any toxic effects from very considerable amounts, whereas the toxic instant dose for fluoride is extremely low. It is one of the materials which is listed in the Industrial Manu-als with warnings against exposure to it. In the cans of sodium fluoride, which are sold as rat poison, you will find statements on the containers that these materials are extremely toxic and that if the possibility of inhaling dust or getting it on the skin can have extremely bad effects. Mr, Laubengayer said that one of the other points that he would like to make is that it is contended by the departments of fluoridation that fluoridating the water to Inpm and getting all the children to drink this will have a desired effect. Mr. Laubengayer pointed out that as a chemist with considerable engineering training, he has great doubts about the ability of any city water suppliers to deliver to every tap in the community water which has 1 ppm. Mr. Laubengayer reported that fluoride is extremely reactive and combined with metals, and the chance of it getting to each tap with the part of 1 ppm are extremely remote. Attorney John LoPinto then spoke on fluoridation. Attorney John LoPinto reported that speaking to A Pharmacist with over 45 years experience that he learned that fluoride tablets are available and doctor's prescribe them more than dentists& Mr. LoPinto stated that treatment can be done directly with fluoride, so why dump it in the city's water supply. Mow many children drink water? 1-tr. LoPinto then pointed out that no one at the Council meeting was t etween the ages of 1 and 10, and the fluoride would do nothing for the people A the meeting. i1r. LoPinto stated that he had spoken to r the gentleman from the Dental Society and asked him if they wanted to fluoridate the world. And the Dentist's answe n was yes. Mr. LoPinto went on to say that he has three fine wells on his property and he doesn't intend to fluoridate them. Mr. LoPinto reported that the State of New York isn't fluoridating the water system, the Federal government isn't doing it, and the people of the City of Ithaca voted not to do it. Mr. LoPinto commented that the Attorney for the City has contacted the Attorney Generals office and is waiting for a response to a request for information for the Law Department of this City, as to whether the council can undP the will of the people that was done by initiative and referendum. Mr. LoPinto said that when that answer is received he expects it to be made public and a copy given to the people that he represents. Air. LoPinto remarked that in 1964 several doctors and dentists came to his office and asked him not to represent the group that was against fluoridation. Now, ten years later one of those doctors is a member of Dr. Krook's team. Mr. Elmer Pleyer, a citizen of Ithaca, spoke in favor of fluoridation of the water. Mr. Meyer said that there must be many communities that have natural fluoridated water. Mr. Meyer reported that he grew up in a community with naturally fluoridated water and he believes that it helped him tremendously. Mr. Aeyer said that it seems at this time we have limited general information and that there are still alot of issues that need to be discussed, and that this issue stays open, and that there will be time for the council to listen to additional information. Mr. Meyer commented that he hopes the state would allow the City to go ahead with something in this area. Leon Faibisoff, a pharmacist, spoke against fluoridation. Mr. Faibisoff stated that they do have in drug stores fluoride tablets, sold by prescription only, and very few dentists ever prescribe it. Pair. Faibisoff reported that the prescriptions that come in are from doctor's and for very little children only, and he sees no .sense in putting it in the water when small children don't drink that much water and the adults don't need it. -16- August 7, 1974 Sunny Gooding, citizen and mother, spoke o�i fluoridation. Pfrs. Goodine said that the illogic of saying that because in one community there is more anemia than in another community, that fluoride causes that just isn't logical. Mr. Reginald Moore spoke against fluoridation. Mr. Moore stated that 10 years ago he was one who marched the streets of Ithaca, door to door, regarding fluoridation. Hr. Mfoore reported that at the time the City had a referendum and it and ovorwhelmingly against fluoridation. If a referendum were taken again, Mr. Moore feels, that the same results would be obtained. Mx. .•bore stated that he is not an intellect, but can the doctor's guarantee that fluoride will not hurt you. P1r. P•loore said that children are not drinking a quart of water today, they are going to the refrigerator. hlrs. Joanne Colle spoke as a mother and said that when she was a child she had problems with her teeth and by the time she was thirteen most of them had fillings in them. Airs. Colle commented that she didn't realize at the time what a problem that could be. Plrs. Colle said that she had done everything possible to protect her children from this same problem, and stated that her son, 13 years of age, has had regular check-uns and to this day EL has not one cavity or filling. Mrs. Colle said that there may be some I= benefits to fluoridation but that there is an alternative. Mrs. Colle said she worked mainly with a proper diet for her family. Firs. Colle C commented that if the doctors and dentists would put the same effort that they have put toward wide spread fluoridation in community water system into Education, and into community nronrams that are of the choice of the people. Voluntary programs where they can P*o to their dentist and have treatments. Edna Epstein, mother, grandmother and wife spoke against fluoridation. ,rs. Epstein stated that T.B and Polio were eliminated through education. tlrs. Epstein reported that injections weren't forced upon people. Plrs. Epstein stated, that what she knows personally, is that something that can cure one can kill another. One thing that can be Good for one, will not be �Tood for others. Would fluoridation be good for adults? Mrs. Epstein said that as a taxpayer, lets out that money toward a clinic, where anyone who wants fluoride may obtain it free. Hrs. Leonard Ferris spoke at the public hearing against fluoridation. iIrs. Ferris is a mother of four and a taxpayer. ?.lrs. Ferris stated that she agreed with airs. Epstein exactly. Firs. Ferris also swgested the opportunity of choice of fluoride through a clinic. Prof. Laurence MacDaniels spoke against fluoridation. Prof. PiacDaniels stated that a choice of the medication a Derson wants to take should be available. Prof. MacDaniels also pointed out the inconsistency of the matter with which we are dealing. Mr'* MacDaniels said that peor.le who are against fluoridation are just as concerned about childrens teeth as everyone else, but they don't see that nutting it in the water supply to treat everybody, and waste all that .fluoride is the answer. 'fr. "?acDaniels said the community should do something constructive in a Positive manner. Dr. Robert C. Duthie, dentist in Ithaca for approximately S years, spoke in favor of fluoridation. Dr. Duthie stated that he can get statistics for anything, but that is not the point. How many neor,le can dip up several res.�archers who will come up with the same statistics and with the same or)ii ion. Dr. Duthie said that his children get fluoride and t' eyhave no cavities. Dr. Duthie commented that water fluoridation is effective and an easy way to do it. 11.1rs. Charles Smith spoke in opposition to fluoridation. Fluoride is a by product of aluminum. Nrs. Smith reported that she read a book by Dr. Grooth who states that there is no conclusive proof to say that it is safe to use it. _ Mr. Arthur Lazcano said that he came into the public hearing completely neutral and that he is going to be leavinc, the same way. "Ir. Lazcano stated the he doesn't believe that either side has really a good presentation. Plr. Lazcano then asked the question, what would happen to a child who drank two quarts of water a day, would this have any effect on them. 1r. Lazcano asked what would happen to Cayuga Lake over a lon!* Period of time i = the water is fluoridated. -17- Au-,ust 7, 1974 �1r. Melvin Xi i.then addressed the Council on fluoridation. Air. Kreithen w ished- to add to the statements being made that there are people that have their own opinon and Mr. Kreithen stated that in his opinion that all substantial facts have been raised. Mr. Kreithen said that he sees fluoride as a medicine and believes that it should be treated as one. Mr. Kreithen informed Council that he was employed at Cornell in the small animal clinics tor. Kreithen said that when he received his last packet of medicines for the animals, that fluoride was removed from its normal place; the recommendation of the exact dosage was exlained as, that the - tolerence and affect of this drug on the animal .depends on the condition of the animal, the state .of health of the animal, the size of the animal, the genetic history of the animal, and possibly even the time of the day that i.t is taken and possibly the weather. They could not prescribe an exact dose. Animals and people alike differ in their requirements. Alderman Saccucci asked the question, if it is true that fluoridation forms calcium in the body. Dr. Krook answered Alderman Saecucci's question that when fluoride is added to the diet in any concentration, it is built into bone tissue and instead of it building in the normal calcium hydroxide appetite. Dr. Krook stated that fluoride does not cause any tensification, and fluoride is not deposited in joints. Alderman Barber asked how many communities have natural fluoride, if it exists, and how many communities add fluoride to their water. Dr. Orcutt stated that he does have a breakdown of how many communities are fluoridated and which ones have natural fluoridation and he will leave that for people to look at. Alderman Gutenberger asked if mottling is only caused by fluoride, Dr. Orcutt answered yes, there are other tyres of discoloring, however, mottling is only caused by fluoride. Alderman Barber asked, wouldn't it be more effective, if we took the same amount of money that it would take to fluoridate the water and put un a clinic and had the children and the people who want fluoride Come to the clinic and have it done? Dr. Orcutt answered was that most people in this community cannot afford to go to a doctor that much, �n d many parents deny their children ok good dental care. Alderman Slattery asked two questions: 1)Does mottling in any way deteriate the teeth, or is it . just in looks only: Dr. Orcutt said that mottling of the teeth is overemphasized, and the only bother is appearance. 2)Is fluoridation a form of medication? The answer was that there is not a clarification as to whether fluoridation is a medicine or drug, or a natural ingredient. Aldeman Boronkay asked a question of Dr. Orcutt. Alderman Boronkay asked about the possibility of putting fluoride in the milk, when the water is fluoridated. Alderman Boronkay commented that we are now receiving from other counties that are fluoridated pop, canned foods, and beer. Alderinan Boronkay said you can't fluoridate the milk, what about all the products that are coming in fluoridated. Dr. Orcutt said it would be an expensive proposition to fluoridate milk and dividing fluoride equally is almost impossible. By Alderman Slattery: seconded by Alderman Jones RESOLVED, That the public hearing on fluoridation be closed. Carried Council recessed at 10:00 p.m. Council reconvened back into regular session at 10:15 n.m. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That Local Laws No. 5 and 6 be tabled until a reply is received from the Attorney Generals office. AYES (10) NAYS (1) - Barber Carried August 70 1974 PUBLIC HEARING - CRISPELL CHARTER SERVICE By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the public hearing on Crisnell Charter Service be opened. Carried By Alderman Jones: seconded by Alderman Nichols RESOLVED, That the public hearing on Crispell Charter Service be adjourned until the regular meeting, September 4, 1974 at 7:30 p.m. in the Common Council Chambers. Carried Alderman Jones requested that the Clerk be directed to u"rite a letter to r'r. York, Crispell Charter Service; registered mail, informing him that the public hearing was adjourned until September 4, 1974 at 7:30 p.m. ADDITIONS TO THE AGENDA BUDGET AND WMINISTRATION Al erman GutenTerger requested an addition to the agenda regarding the ,trt, purchase of the & property. c-A& No objections were made. CHARTER AND ORDINANCE COMMITTEE Alderman gat R"y equeste addition to the agenda regarding a proposal t'iat he would "like, to have submitted for consideration. No objections were made. Alderman Slattery requested a deletion under Charter and Ordinance item D the zone change request of East Side of 300 block of South Cayuaa Street. Alderman Slattery commented that his committee does not have a recommendation of the Planning Department:andneed that before presenting* it to Council.. No objections were made. PERSONS APPEARING BEFORE COUNCIL Mr. Alvin Knepper appeared before Council. Mr. Knepper is a citizen of Ithaca and former Chairman of the Tompkins County Human Rights Commission. i4r. Knepper said that he was glad to see the change in Affirmative Action and revised it, but in the revision the City has become discriminatory against two grnups, and this must be added to this in comformity with the Human Rights Law of New 'Fork State. iMr. Knepper stated that age and physically and mentally handicap must be added. 21r. Knepper reported that for further information to stay in bounds with the Federal Laws, write to U. S. Equal Employment Opportunity Commission, I'ashington, D.C.20506. Tor. Knepper requested the iu.�an Relations Committee to secure a two volume book called Affirmative Action and Equal Employment, which will give the committee some very valuable information. As a former chairman of the Human Rights Commission t4r. Knepper commented that this document makes hirl, very nroud because it is something that is mandated by law as well, and he has looked forward for something like this to take place. "r. Knepper said he wanted to make these changes so it would help the councilmen in their preparation for really effective and good law. DISTRICT ATTORNEY OF TUIPKINS COUNTY District Attorney Willia;n Sullivan appeared before Council. tor. Sullivan stated that at the appropriate time he would like the onnortunity to sneak about the legislation involving police grievance procedures. dayor Conley gave permission for Mr. Sullivan to discuss Police Grievance Procedures at this time. Mr? Sullivan reported that through speal;in? with ?,1rs. Nichols and Mr. . Shapiro he learned of this matter. NT. Sullivan said that this is a very important legislation. Mr. Sullivan COL rented that during the past two years, there have been several incidents referred to him by various citizens involving* complaints against individual police officers. Mr. Sullivan said that he felt that if these procedures had been in effect at the time, it would have a good possibility that these would have not come before the grand jury. 111r. Sullivan August 7, 1974 suggested that several changes be made in the procedures which would tighten them up and provide for a better procedure. It would provide also for the review of the determination of the Police commissioners by any appropriate agency, both the Mayor, Chief of Police, and if necessary by the District attorney and the Courts. lair. Sullivan stated that the definition of grievance should be better defined, adding to it: ...existing laws, of the United States of America, of the State of New York, of the County of Tompkins, or the City of Ithaca or the rules, procedures or regulations, administrative orders, or work rules of the Department of Police of the City of Ithaca, New York. The second change, is an addition to the fourth paragraph, where it says time for hearing and notice, the commissioner shall give at least 5 days written notice of the time and place of such hearing to all parties (including all police officers present at the time of the grievance, whether or not such officers arelisted in the presentation) and after involved add: and request the presence of all witnesses personally or by registered mail to insure that actual notice was received by those involved. 1114r. Sullivan also said under rules of evidence that it should be stated that all testimony given at the hearing shall be given under oath, and the oath would be administered by a police commissioner. Under summary of hearing indicate and provide that upon the request of the mayor, the complainant, the civil service commission, a police commissioner, the chief of police, any member of council, or the district attorney, a written verbatim transcript shall be pre- pared of the proceedings and shall be made available to any of the named persons upon payment of a reasonable fee. The last change on report of the hearing add to the last paragraph: In the event that the commissioners recommendation does include that any individual be prosecuted for a criminal offense arising out of the grievance, that an official copy of the written report shall be provided to the district attorney. Mayor Conley commented that this is something that should be considered by the Police Commissioners and the chief and the committee. Then, brought to Council after everything has been discussed and worked out. COMIN-X II CATI ONS 300 BLOCK OF SOUTH CAYUGA STREET City Clerk Rundle read the following letter from Henry E. Doney, Chairman of the Planning Board: Mayor Conley and Members of the Common Council City Hall 108 E. Green Street Ithaca, New York 14850 Dear Mayor Conley and Members of the Council: The Planning Board is investigating the merits of rezoning the nroaerty on the east side of the 300 block of S. Cayuga Street from R-3 to B-4. The matter has been referred to the Board's Codes and Ordinances Committee, and we expect to recommend at the August meeting of the Board. I would appreciate your consideration of the pronosed change. Sincerely, Henry E. Doney Chairman 227 CLIFF STREET City Clerk Rundle then read another letter from Mtr. Henry E. Doney, Chairman of the Planning Board as follows: Mayor Conley and Members of the Council City Hall 108 E. Green Street Ithaca, New York 14850 Dear mayor Conley and t4embers Of the Council: August 7, 1974 On a referral from the Board of Public Norks, the Planning Board made a recommendation at its meeting on July 25, 1974 repardina the subject property. The Board unanimously recommended against the sale of that pro=)erty for the following reasons: First, the property now functions as a hart of the Cass Park recreation area serving children in that neighborhood. Secondly, the use that has been discussed for the property is a parking lot. !','bile the Board recognizes that there may be a need in that area for additional off-street parking, it does not feel that the subject location would be appropriate for that purpose. The area is R-3 and such a .use would require a variance and the Board has recently recommended against giving access from Rt. 89 to the abutting owners, Sincerely yours, Henry E. Doney cc: Board of Public 'Works Chairman It!, By Aldernan Jones: seconded by Alderman "artier CL RESOLVED, That the letter from Mr. Henry E. Doney rep arding the lanai at 1T 227 Cliff Street be referred to the Planning and Develonment Committee. r^.r Carried NEW YORK STATE OFFICE OF OPERATIONS AND SUPPORT SERVICES-BUREAU City Clerk Rundle read the following letter: A4r. Robert Dingman Superintendent Departzent of Public Works 108 East Green Street Ithaca, New York 14850 Dear Mr. Dingman: The Joint Annual Inspection of Cayuga Inlet, Ithaca, was held on .June 11, 1974. '-Ie have received the Corps of Engineers report and required maintenance needing inmiediate attention is listed below. -Levees and mowinfy- Thank you for your cooperation. Very truly yours, Alton E. Knann, Jr. Flood Control Conn. cc: City Council, City of Ithaca Specialists By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Denartment of Public Works. Carried REVENUE FROM BOAT SLIPS City Clerk Rundle gave a report on the revenue from the boat slims, to date the City has received $10,695.50 for 1974. City Clerk Rundle commented that only 4 or 5 slips remain open. TOM OF I TI1ACA City Clerk Rundle stated that the Town of Ithaca has had an agreement with the City since July 10, 1972 in the use of the xerox machine, which they paid $30.00 a month rental. The Town now has a machine of their own and City Clerk Rundle read the following, letter from the Town: -21- August 7, 1974 Mr. Robert Grey City of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Bob: The Town of Ithaca has just teceived a Xerox 3100. We very much appreciate the services that have been rendered to us over the past few years by the City of Ithaca and its employees in making available to us your copying equipment. Would you please cancel our contract with the City of Ithaca, effective immediately. If there are any pro-rated charges for the month of August, please advise. Thank you very, much for your kind cooperation with the Ithaca Office. Sincerely yours, Walter J. Schwan Town Supervisor By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That the contract with the Town of Ithaca to use the City's copier be cancelled, effective immediately. Carried OFFICE OF LOCAL GOVERNMENT City Clerk Rundle reported that a communication had been received from the Office of Local Government, and effective September 1st, the New York State Legislation passed a law called, `Jew Freedom of Information Law. 14r. Rundle said that this law is opening up a good deal of information by Cities, and Mr. Rundle felt that it should go to a committee to go over the material. Mayor Conley then commented that possibly it should go to department heads for a staff recommendation, and put together information then refer it to the Charter and Ordinance Committee. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the City Clerk and Department Heads meet to go over the law and then refer it back to Council. Carried C011,11UNICATIONS FROM THE MAYOR APPOINTMENTS CIVIL SERVICE CO IMI SS ION Mayor Conley reported that he has made the appointment of Mr. Jack K. Kie ly of 103 Harvard Place, to the Civil Service Commission term to expire June 1, 1980. This did not require Council approval. LANDMARKS PRESERVATION COMMISSION Mayor Conley made two appointments to the Landmarks Preservation Commission, Mr. Henry Theisen of 202 Winthrop Drive to replace Ernest F. Roberts, term to expire December 31, 1974 and P?r. Stanley Kordziel of 710 N. Aurora Street term to expire December 31, 1975. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, That the appointments of Henry Theisen and Stanley Kordziel to the Landmarks Preservation Commission be approved. Carried NAVAL RESERVE TRAINING FACILITY Mayor Conley stated that the Navy would like to know whether or not the City -22- August 3, 1974 wants to buy the building. I.ayor Conley reported that he wasn't able to contact Commander O'Hannlon of the Navy Department for a price and, as soon as contact is grade it will be brought to Council. ROTHSMILD-CALDWELL PROJECT Mayor Conley reported that he hasn't been able to get in touch with the Superintendent of the project, but has heard that they have been behind because of the steel strike, but are working to catch up. FACT FINDERS RE-PORT Mayor Conley said that the C. S. E. A. contract by law, the fact finder. was supposed tosend a copy of the report to the City's negotiator and to the C. S. E. A. , in both cases the report was sent to the person who was doing the negotiations. Mayor Conley reported that Kingsley was representing the City and submitted a report to hin and he was supposed to rake a recommendation to Council. Mayor Conley said that he has done two thin?s, first of all lie wasn't satisfied with the fact finders report, and felt that they didn't address themselves to the questions, and was in complete error on the vacation schedules. !4ayor Conley stated that he has asked for a legislative hearing, to hear the C. S. F. A. and the City negotiator for next Wednesday night, so that both sides can present their case. '1ayor Conley said that other units negotiated contracts for 2 years and C. S. E. A. was for one year. Mayor Conley stated that he is prepared to make a recommendation, the vacation .schedule that he would recommend for a settlement would be, and the Mayor asked "-jr. Daley to explain the vacation schedule. 1r. Daley said that right now the present C. S. E. A. contract has 1 week after 1 year, 2 weeks after 2 years, the rest of the contracts, exclusive of the laborers, have 2 weeks after 1 year, 3 after 5, and then at the end of the 10th year, they get an extra day for every two years un to 18 years, which gives them 4 weeks. 11r. Conley said in the fact finders report on the last page you will see where he is recommending that after 10 years they receive four weeks because that is what all the other units in the City have, this is not true, and also with that I am making a recommendation to Council that vacation be 2 weeks after 1 year, 3 after 5 and then at 10 years, they get an extra day for every two years un to 18 years, which gives them 4 weeks, and an increase in salary of 5.5%. "?ayor Conley said that after the fact finders report and after the legislative hearing, then Council makes the findings and those findings are binding upon the union. Mr. Daley stated that Council has a legislative hearing and then makes a legislative finding. Certinaly, you cannot force C. S. E. A. to sign a contract, but the way the City understands it is that you set forth the working conditions for 1974 for C. S. E. A. and that is nassed as if you were adopting personnel rules. Then if they want a contract they go back to the tables. Mr. Daley said that this year for the first time Police and-'Fire go through this process, but that the one extra step which is compulsory arbitration for both the City, Fire and Police, at the State level. This became effective in July. By Alderman Nichols: seconded by Alderman Slattery RESOLVED, That the "Mayor be authorized to enter into an anreement with the C. S. E. A. and present them with his proposal on wage and vacation schedules. AYES (10) Abstention - (1) Barber Carried CITY CLERK'S REPORT POLLING PLACES City y W undle reported that the polling places for 1974 have been established and asked Council Approval. Alderman Boothroyd requested a change in the fifth ward, 3rd district to First Congregational Church, 309 Highland Road. Alderman Boothroyd remarked that this would be conditional upon the interpretation of the Attorney for the City, that such a designation is not going to jeopardize the vote of anybody that votes there, and that it will not be challenged because it is one hundred yards outside the City limits. Alderman Boothroyd -23- Au$A 1974 . commented that much difficulty had been encountered in an att to find a suitable location with easy access and plenty of parking. : First Congregational Church meets these requirements. Attorney for the City, Shapiro, said that tie had received a 10,01it from the State Board of Elections that their office construes. section 66 6 the election law as not contemplating the location of the City polliAd place outside the limits of any city. Attorney Shapiro said he disagree with this interpretation, he has read the law and saw nothing in the l W to prohibit it. Attorney Shapiro said if you are asking me for a guarantee that some one might not mount a challenge and win and not have all those votes, he could not guarantee because this would be up to the Judge. Attorney Shapiro remarked that the Bureau of Elections did not absolutely in very positive terms rule it out. City Clerk Rundle commented that his interpretation of the letter from the State Board of Elections was that you cannot locate a polling place outside the limits of the City. The maker of the motion and the seond accepted the change in the Sth ward, 3rd district and presented the following resolution: By Alderman Slattery: seconded by Alderman Jones : _ RESOLVED, That the following be and hereby are designated as nolling Places in each election district in the City of Ithaca, New Fork for 1974. x-2 Primary, Election Day September 10, 1974 12 :00 p.m. to 9:00 p.m. General Election Day November S, 1974 6:00 a.m. to 9:00 p.m. Registration Days October 5, 1974 11:00 a.m. to 9:00 p.m. October 10, 1974 12:00 n.m. to 9:00 Y).P, f FIRST WARD 1st District Chestnut Street West dill School 2rid District 300 S, Plain St. Titus Flats Housina 3rd District 626 W. State St, #6 Fire Station 4th District 300 111* 'Court St, 6.1.A.Ca Building SECOND WARD 1st District 300 W. Court S't. G. I.A.C, Building 2nd District 300 S. Geneva St. St. John's School 3rd District 520 Hudson St. South Hill School THIRD WARD 1st District 309 College Ave. #9 Fire Station 2nd District 502 Mitchell St. Belle Sherman School 3rd District S02 Hitchell St. Belle Sherman School FOURTH WARD 1st District 402 N. Aurora St. St. Paul's Methodist Church 2nd District Aurora & Buffalo Sts. First Unitarian Church 3rd District 309 College Ave. #9 Fire Station FIFTH WARD lst District 1012 N. Tioga St. #7 Fire Station 2nd District Cor. King & Aurora St. Fall Creek School 3rd District 309 Highland Road First Congregational Church Carried ATTORNEY FOR THE CITY RHP Attorney Shapiro reported that the RHP suit versus the City of Ithaca was to be heard in Cortland, this morning at 10:00 a.m. was adjourned by ,f.utual consent pending a reapplication to the building commissioner regarding that matter. FLUORIDATION Attorney Shapiro said that he wrote a letter to the Attorney General requesting clarification of the procedures. Fluoridation is a very controversial subject and he wanted the Attorney Generals opinion. 4- August 7, 1974 SOUTHSIDE CF,'TER PROPERTY Attorney for the City, Shapiro, stated that he was directed by Council to enter into negotiations with the Southside Center for that parcel of land for use as the intended park. P.ir. Shapiro reported that he had written two or three letters to both the board of directors and the Southside Center and have received no replies. Mr. Shapiro is just informing Council that he has not met with any success in entering into negotiations for that property. By Alderman Jones: seconded by Alderman Slattery RESOLVED, That the City Clerk be directed to write a letter to Eldridge Hunter informing him that Council has received no decision regarding the land behind the Southside Center. Carried PUBLIC SERVICE C011T4ISSIOI Attorney for the City, Shapiro, reported that he sent a letter to the public �* service commission with respect to the questions on the expanded bus service. CL The Public Service Commission has returned a reply saying they have referred the matter to the Transportation Department. PUBLIC INTEREST Attorney Shapiro reported that on Monday there was a problem over the Rothschild-Caldwell project regarding the lack of access to the Home Dairy. 14r. Avery called Mr. Shapiro to find out what the problem was, and c-1r. VanCort and Mr. Shapiro went over to the Home Dairy. The problem was quickly resolved and very successfully, with the excellent cooperation of all parties involved. . BOARD OF PUBLIC WORKS 1VATER & SE'JF,R POLICY Attorney for the City, Shapiro, advised Council that the Board of Public Works directed him to write a letter to I.Valter Schwan, `gun"rvisor 9r the Town of Ithaca, regarding the City of Ithaca's water and sewer policy, which he did. At the last Board meetinn there was a couple there with a hardship problem and a tap had to be extended, bending the policy. Attorney for the City, Shapiro, wrote to the Torn of Ithaca explaining that the Town was not advising people and the city would have to handle the administrative end of it. ?Jhen an application came in it would first go to the water department to make sure that the properties of the applicant had sewer system. CHARTER AND ORDINANCE COMMITTEE LOCAL LAWS NO. 5 & 6 ,Mr. Slattery stated that this natter has been previously taken care of by the public hearing. ,,.AP LE AVE. i•Ir. Slattery read a resolution which was passed by the Board of Public Works at the meeting of June 12, 1974 as follows: By Alderman Ewanicki: seconded by Alderman Baldini RESOLVED, That Common Council be requested to amend its traffic ordinance by inserting in Section 15-180 (Parking prohibited at all tires on certain streets) : Glaple avenue, North from Dryden Road to a point 125 feet easterly. Carried By Alderman :clattery: seconded by Alderman Brock BE IT RESOLVED, That Section 15-180 of the Motor Vehicle and Traffic Code is hereby amended to include: (Parking prohibited at all times on certain streets) : Maple. Avenue, North from Dryden Road to a point 125 feet easterly. Carried OPEN CONTAINER ORDINANCE -25- August Alderman Slattery reported that the open container ordinance was taVl6d at the last meeting of the Charter and Ordinance Committee on August 61- 1974, until such time when it will be appropriate to pass. Alderman Slattery stated that the Charter and Ordinance Committee feels that no action should be taken at this time. STEWART PARK Alderman Saccucci commented that several citizens have stated a concern about the legal beverages that are brought into the park, and would like to see a more rigid control on these beverages. By Alderman Slattery: seconded by Alderman Saccucci RESOLVED, That this matter be referred to the Charter and Ordinance Committee for a study, Carried HUh1AN SERVICES CO11ITTEE POLICE GRIEVANCE PROCEDURES Alderman Nichols commented that the City received a letter from the Police Commissioner suggesting that they pass, however, because of previous _ comments it will remain in committee and be brought up at the September -= meetings AFFIRMATIVE ACTION PROPOSAL Alderman Nichols reported that all the Aldermen received a con_ y of the. proposal and the committee will take suggestions and comments from everyone and hand this document over to the Charter and Ordinance Committee with the possibility that it will be passed in September. ITHACA HOUSING AUTHORITY Alderman'. Nichols said there is some controversy at the Ithaca Housing Authority and the Mayor is going to meet with the tenants, and that the City is very deeply concerned about this matter. PLANNING AND DEVELOPMENT C0111ITTEE CRISPELL CHARTER SERVICE Alderman Jones commented that this item will be taken care of at the September meeting when the public hearing, will be held. TRANSIT SYSTErl PROPOSAL By Alderman Jones: seconded by Alderman Boronkay WHEREAS, This Comiaon Council feels that the development of a coordinated transit system is important to the people of the greater Ithaca area as well as the residents of the entire County, and WHEREAS, The City is interested in working with the towns, villages and the county to develop such a system, and IdiEREAS, Steps must be taken to initiate the development of some sort of intermunicipal transit system, and NO1,'I THEREFORE BE IT RESOLVED, That the City actively explore the development of an expanded community transit system, and BE IT FURTHER RESOLVED, That the City work with the towns, villages and the county to this end, and BE IT STILL FURTHER RESOLVED, That no City dollars be involved in the implementation of the expanded and intermunicipal transit system. Carried Mayor Conley reported that he has sent a letter calling for a trans-ortation meeting on the 13th of September, with the tourns, county, and city, regarding -26- August 7, 1974 an inter;:iunicipal solution to mass transit in the greater Ithaca area. TIN CAN By Alderman Jones: seconded by Alderman Barber RESOLVED, That Youth Bureau services continue ' in Tin Can while Planning Department continues to study ways in which future storage and administrative needs of the Youth Bureau can be net and that the City purchase the Tin Can and that the Comptroller ascertain the Navy's price immediately. Carried CITIZENS C&14ITTEE FOR "701" PROTECT" Alderman Jones stated that there is a need for a Citizens Committee for the "701" study and that appointments should be considered. CAPITAL INPROVEWNT REVIEW C0mfITTEE Alderman Jones reminded that a can_ ital improvement review committee should C*' be appointed. lfr ENVIRON'AENTAL CONMISSION dAlderman t-.Ieyer reported to the Council that the Environmental Commission had a long interesting meeting on Bottle Legislation. The Commission will be discussing it at their next meeting and Alderman Meyer said she will report back to Council in September. This problem is also being discussed at the County level. BUDGET AND ADIVIINISTRATION CO[FITTFE JXIES' GRAVES PROPERTY By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That the Attorney for the City be authorized. and directed to nurchase the James Graves Property which abuts the east side of Floral Ave. between W. State Street and the prot3erty owned by the !°deiners. Carried TRANS FE RS By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That $200 be transferred from A1990 Contingency to A1490-310 Office Supplies. Carried By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That $80 be transferred from F1990 Contingency to F8320-6-312 Parts and Supplies. Carried By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That $120 be transferred from F1990 Contingency to F8310-6-407 Contractual Services. Carried By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, That $80 be transferred from 61990 Contingency to G8110-6-407 Contractual Services. Carried SOMSIDE PARK APPRAISAL By Alderman Gutenberger: seconded by Alderman Snano RESOLVED, That an additional $400 be authorized for the appraisals of *)ronerties for the Southside Park development. Carried -27- Augus t 7 1974 JUDITH S. BENEDI;CT APPOIN7,1r34T By Alderman Gutenberger: seconded by Aldermen Boothroyd RESOLVED, That Mxs. Judith S. Benedict be provisionally arn.ointed to the position of Junior Planner at an annual salary of $7,432 o£fective July 22, 1974# Carried KINGSLEY ASSOCIATES, INC. By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That Douglas R. Kingsley Associates, Inc. be empl6yed as the City of Ithaca's labor negotiator for the five labor contracts= gt a fee not to exceed $12,500. TABLING MOTION By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That this resolution be tabled. Carried HU,IAN SERVICES PLANNING PROPOSAL -_ By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, That $375 be authorized as the City of Ithaca's share for final development of the Human Services Planning Committee Droposal. AYES (8) NAYS (3) - !Meyer, Jones, tdronkay Carried BUDGET (I gES'IS - 1975_ By Aidermari Gutenberger: seconded by Alderman Barber RESOLVED, That September 131 1974 be the final date for submission of 1975 budget requests and that budget requests submitted after this date will not be considered by the Budget and Administration Committee. Carried Controller Daley was requested to send a memo to all Department Heads that are responsible for budgets, informing then of council action. LEGISLATIVE HEARING By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, That a legislative public hearing be held on August 14, 1974 to discuss the fact finders report. Carried COURT RECORDER - LEGISLATIVE HEARING By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the City Controller be authorized and directed to hire a Court Recorder for the Legislative Hearing August 14, 1974. Carried AUDIT By Alderman Gutenberger; seconded by Alderman Spano RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $29,242.84 as listed in Audit Abstract #7 - 1974 be approved for payment. Carried -2 Q- Au;;ust 7. 1974 GLEN SCHMIDT RESIMATION Hayor� Conley read the following letter from Clen tI. Schmidt i-,'ayor Edward J. Conley City of Ithaca 108 Fast Green Street Ithaca, New York 14850 Dear t°ayor Conley: Because of my move from Ithaca, I am resigning my position as alderman and acting mayor in the City of Ithaca, effective August 14, 1974. 1 have enjoyed my 2 1/2 years on City Council and hone I have contributed something to the governing process. My good wishes to you, the Council, and the residents of the city in the development of the downtown area. Sincerely ,yours, G]^n if. Schmidt NEia BUSINESS Q DE Y STREET Alderman Boothroyd reported that he had a letter from citizens of Dey Street. The Auburn Park has alot of small children in it, Dey Street has alot of traffic on it and the residents would like a _fence, 4 feet hinh put along the Dey Street side of Auburn Park, Alderman Boothroyd said that he would like to have this matter referred to the roard of Public tiIor"s;s for its iiu)lementation. SN',OKING REGULATION Alderman Boothtoyd reported that he has a proposal for a smokinla regulation and will submit it in full to the Charter and Ordinance Committee for their consideration. INTERGOVERNRTNTAL RELATIONS Alderman Slattery said the resignaticn of Alderman Schmidt leaves only himself and Alderman Jones on the committee and would like a third member appointed. Aayor Conley commented that he will appoint someone at the next meeting. 61JALTER-SCHWA d - LINES ON SIX MILE CREEK Alderman Slattery reported that .halter Schwan, Town of Ithaca, was very unhappy with the decision of the Board of Public Works in retard to the transmission lines on six mile creek, and that they nlanned to nroceed to condemn. Mayor Conley commented that there has been a meeting on this matter. CLIFF STREET Alderman Saccucci stated that he had a request from the Cliff Street residents. That this is a treacherous street, winding and narrow. Several local residents are requesting a double yellow line from the intersection to the City limits, from the Octonus, to prevent passing and separate the east and west bound lanes. By Alderman Saccucci : seconded by Alderman Barber RESOLVED, That this ratter be referred to the Board of Public liorks. Carried -29- Auvust 7, 1974 SWARTHOUT AND FERRIS Alderman Jones pointed out that the City has a kind of consent tyre of agreement with Swarthout and Ferris to use City streets, worked out in Juno 1963. Alderman Jones stated that she is going to have her Transit Committee meet with Swarthout and Ferris to discuss the provision of the consent. On a motion the Council meeting was adjourned at 12:20 a.m. g,e—p A. Rundle, City Cleric Edward J. Con Ley,"''ayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. September' -4., 1971+ - PRESENT: Mayor - Conley` s Aldermen - (12) Barber; Boothroyd, Boronlcay, Brock, Dennis, Gutenberger,Meyer, Nichols, Saccucci, Slattery, Spano Jones, O, }W►r,r„�'.RESSEENT: Attorney for the City Shapiro City Engineer - Schlieder City COhtftller - Daley Deputy Fire Chief - Tuckerman Buildil* Commissioner - Jones Police Chief - Herson Director of Planning - Van Cort B.P.W. Commissioner - C]ynes Supt,, br Public Works - Dingman City Clerk - Rundle Asst. to Supt. of Public Works - Dougherty PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MOMENT OF SILENCE IN MEMORY OF OFFICER JAMES R. AYERS JR. : After the Pledge of 411" Allegiance to the Flag, Mayor Conley asked everyone to remain standing for a Cz few moments of silence in memory of Officer James R. Ayers, Jr. who recently passed evay. r",.. MINUTES: D Mayor Conley asked for approval of the minutes of the August 7, 1974 meeting. By Alderman Nichols, seconded by Alderman Barber, Resolved, that the minutes of the August 7, 1974 meeting be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS: James P. Dennis Appointment: Common Council took action to fill the vacancy of Alder- man for the Third Ward, caused by the resignation of Glen H. Schmidt. Alderman Gutenberger nominated James P. Dennis, residing at 111 Irving Place, for appointment. The nomination was seconded by Alderman Brock. Alderman Jones nominated Michael S. Hall, residing at 308 Ithaca Road, for appoint- ment. The rcmination was seconded by Alderman Boronkay. By Alderman Slattery, seconded by Alderman Barber, Resolved, that the nominations be closed. Carried City Clerk Rundle polled the Aldermen by secret ballot which resulted in seven votes being cast for Mr. Dennis and four votes for Mr. Hall. Mayor Conley declared Mr. Dennis duly appointed to fill this vacancy for the term ending December 31, 1974, and welcomed him to membership on Council. Mr. Dennis took the oath of office which was administered by City Clerk Rundle. Mr. Dennis was then seated and participated in the balance of the meeting. Acting Mayor: Mayor Conley commented that it would be in order to appoint an Acting Mayor to fill the vacancy Caused by the resignation of Glen H. Schmidt for the balance of 1974. Alderman Nichols nominated Alderman Gutenberger. The nomination was seconded by Alderman Meyer. Alderman Boronkay nominated Alderman Jones. The nomination was seconded by Alder- man Barber. By Alderman Slattery, seconded by Alderman Saccucci, Resolved, that the nominations be closed. Carried 4 -2- September 49 1974 City Clerk Rundle polled the Aldermen by secret ballot which resulted in seven votes being cast for Alderman Gutenberger and five votes for Alderman Jones. Mayor Conley declared Alderman Gutenberger duly appointed Acting Mayor for the balance of 1974. Acting Mayor Gutenberger took the oath of office, which was administered by City Clerk Rundle. Alderman Saccucci commented that he would like to make a recommendation to the Charter and Ordinance Committee that in the future to try and draft a Local Law that would place the position of Acting Mayor the direct opposite side of the Mayor. Alderman Saccucci in other words, said, if the Mayor was democrat, he would like to see the Acting Mayor republican, with specific duties. Alderman Slattery, Chairman of the Charter and Ordinance Committee remark:d that his committee would be glad to consider this recommendation. RESIGNATION OF ALTERNATE ACTING MAYOR GUTENBERGER: Upon being appointed Acting Mayor, Alderman Gutenberger resigned as Alternate Acting Mayor. ALTERNATE ACTING MAYOR Alderman Boothroyd nominated Alderman Slattery. The nomination was seconded by Alderman Brock. Alderman Saccucci nominated Alderman Jones. The nomination was seconded by Alder- man Barber. By Alderman Boronkay, seconded by Alderman Spano, Resolved, that the nominations be closed. Carried City Clerk Rundle polled the Alderman by secret ballot which resulted in seven votes being cast for Alderman Slattery and five votes for Alderman Jones. Mayor Conley declared Alderman Slattery duly appointed Alternate Acting Mayor for the balance of 1974. Alternate Acting Mayor, Slattery took the oath of office which was administered by City Clerk Rundle. PUBLIC HEARING - CRISPELL CHARTER SERVICE REQUEST: Opening Public Hearing: By Alderman Barber seconded by Alderman Jones, Resolved, that the Crispell Charter Service Public Hearing be declared open. Carried No one appeared to speak at the Public Hearing. Close'Public Hearing: By Alderman Brock, seconded by Alderman Barber, Resolved, that the Crispell Charter Service Public Hearing be closed. Carried Crispell Charter Service, Inc. Resolution RESOLUTION: By Alderman Meyer, seconded by Alderman Jones, WHEREAS, Crispell Charter Service, Inc. has filed with the.-City of Ithaca, a verified petition in writing for consent and permission of the City of Ithaca to establish and operate an omnibus line upon and along certain roads, streets , and/or avenues for the transportation of persons for compensation, and WHEREAS, the said City of Ithaca did by resolution duly adopted order and direct the public hearing upon said petition to be held as required by law on the 7th day of August, 1974, at 7:35 p.m. at the Council Chamber at City Hall, Ithaca, New York, and -3- September 4, 1974 WHEREAS, due notice of said public hearing was given as required by law and Proof thereof and of the publication of said notice having been filed with the Clerk of said City of_ Ith •ca, and said public hearing having been held at the 'time and place designated, and as adjourned until September 4, 1974, and all perrsons present having had an opportunity to be heard and said hearing having been closed and the Common Council of the City of Ithaca being of the opinion that such an omnibus line is a benefit to the City of Ithaca and' to the residents thereof and will serve a public necessity and be for public convenience, NOW THEREFORE, BE IT RESOLVED, that Common Council,being the governing board of the City of Ithaca, hereby grant and issue to Crispell Charter Service, Inc. consent and permission to operate motor vehicles for the transportation of persons for compensation upon and along the following highways, streets and avenues of the said City of Ithaca, New York, viz: From the South City Line of Ithaca, New York ON BETWEEN AND CC South Aurora Street Lehigh Valley Railroad Hudson Street !!; Seneca Street Buffalo Street State Street C To Cayuga Lake Inlet. From Cayuga Lake Inlet, City of Ithaca, ON BETWEEN AND State Street Seneca Street Green Street to Meadow Street Corn Street Fulton Street , to Green Street State Street Clinton Street to State Street Seneca Street Green Street to Aurora Street Tioga Street Seneca Way upon the following terms and conditions, to wit: 1. - That the said Crispell Charter Service, Inc. shall provide motor vehicles sufficient in capacity and number to reasonably accommodate the traveling public in the ea,i.d City of Ithaca and along the said motor vehicle line or route. 2. Taat the said Crispell Charter Service, Inc. shall comply with all provisions of the Laws of the State of New York applicable thereto and with all laws and ordinances of the said CITY OF ITHACA. 3. That the said Crispell Charter Service, Inc, shall obey and observe each and every condition of this consent to its full intent and meaning. 4. That the said Crispell Charter Service, Inc. shall comply with all rules and regulations of the Public Service Commission of the State of New York. 5. That the said Crispell Charter Service, Inc. shall promptly pay to the CITY OF ITHACA for any damages to the highway, guard rails or bridges occasioned by the said Crispell Charter Service, Inc., its agents, servants and employees , which shall occur by reason of the granting of this consent, ordinary wear and tear excepted. 6. That the said Crispell Charter Service, Inc. shall make all reasonable effort to maintain and operate said motor vehicle line or route in all seasons of the year. 7. Th,�t this consent may be revoked for cause after a hearing and after ten days notice in writing thereof to be given to the said Crispell Charter Service, Inc. , and such notice may be given by mailing a copy thereof addressed to the said Crispell Charter Service, Inc. at its last known place of business. -4- September 4, 1974 8. There shall be a minimum number of one (1) trip per day within the City of Ithaca, excluding Saturdays, and Sundays, Major Holidays and excluding breakdown, Acts of God, and emergencies not in control of Crispell Charter Service, Inc. 9. That the said Crispell Charter Service, Inc. shall provide comprehensive liability insurance coverage in accordance to those required by certifigq" of necessity required by New York State Department of Transportation. . 10. That the said Crispell Charter Service, Inc. shall hold the City o'f Ithaca harmless and indemnify it with respect to any and all claims made by passengers upon any buses operated on any of said routes to recover damages for personal injuries or injury to property, irrespective of the cause or basis of any such claim; and the said Crispell Charter Service, Inc. shall defend the said City upon any suit brought against it on any such claim. 11. That the routes upon the streets above named shall be only as listed above. Change in said routes are subject to Council approval. 12. That the said Crispell Charter Service, Inc. shall pay to the City of Ithaca for a certificate of local consent fee the sum of $50.00 to be paid on January 1, 1975 and a further sum of $50.00 to be paid on the 1st of January of each and every year thereafter with the further understanding that the said fee may be raised to $100.00 on the mutual agreement of the Common Council, Crispell Charter Service, Inc. and any other boards or committees designated by the Common Council. 13,. In the event of any emergency or any streets above named being closed for - repairs or for any emergency whatsoever, the said omnibus line may operate over adjacent streets temporarily until said streets are reopened. 14. Said omnibuses will stop only at corners and not in the middle of any block. 15. Omnibuses will not let passengers off when leaving the city, 500 feet from Ithaca transit stop at Ithaca College and/or will not pick up passengers closer than 500 feet at same point. 16. Consent may be withdrawn at any time upon thirty (30) days written notice without cause and petitioner's right to operate this omnibus line be thereby terminated. (12) AYES Carried LEGISLATIVE PUBLIC HEARING: see attached At 9:08 p.m. Mayor Conley declared a recess. At 9:13 p.m. Council reconvened. PERSONS APPEARING BEFORE COUNCIL Mr. Alvin Knepper, 100 Fairview Square, appeared before the Council. Mr. Knepper said he wished to make two comments. The first, it is true that the procedure for picking an Alderman when one leaves is legal, it is also grossly; undemocratic. As a resident of the Third Ward, he would like to know who is going to be put up so he could look into his background and talk with him, and at least be assured that he was being properly represented. Mr. Knepper commented that this was not a criticism of anyone, but it is something that the Alderman should look into in changing the Charter, and corrections should be made so that there is a proper representation on the Council. The residents of a district should be given proper notice and proper opportunities to understand who their candidate is even if it is for a month or two months. The job of Alderman is very important and it effects everyone in the city. Mr. Knepper said the second comment that he had was that he was appearing before Council to present an ordinance for the mentally disabled. The Mental Health Board of Tompkins County has been considering for five months for developing a hostel in the City of Ithaca. In order to facilitate the planned devel• ment of needed community facilities for the mentally disabled and that no discrim- ination develops in this area, I recommend that the Common Council of Ithaca, the towns and other local governmental units of Tompkins County develop and approve as soon as possible a local zoning ordinance for the orderly development of group homes and hostels for the mentally disabled. Under this zoning law, I would further recommend that there be three defini- tions of residences permitted along the following lines: -5- September 4, 1974 1. An "agency boarding home" would be a boarding home operated by a public service agency or by a private, non-profit child-caring agency approved by the State Board of Social Welfare. Occupancy of such a home would be limited to six young people between the ages of 5 and 21. More would be allowed if they were related. 2. An "agency group home" operated by the same types of approved sponsor, could provide a home for up to 12 people in the same age group. 3. An "agency community residence" operated by a public social service or mental hygene agency or by a non-profit agency authorized by the Mental Health Board, would be limited to no more than 18 adults over the age of 21. The above ordinance would help to create brighter prospects and a better life for the Tompkins County handicapped." By Alderman Jones, seconded by Alderman Barber, �* Resolved, that this matter be referred to the Charter and Ordinance Committee. CC t^ Carried a LETTER OF APPRECIATION C By Alderman Barber, seconded by Alderman Slattery, Resolved, that in appreciation for his continued dedicated and sincere efforts in behalf of the City, this Common Council expresses its commendation and grati- tude to Dr. Alvin Knepper for his assistance last month in regard to the writing of the Affirmative Action Program and tonight for his Valuable Zoning Ordinance to Assist the Mentally Disabled. I ask that this resolution be tassid by acclamation and that the City Clerk send him a letter informing him of our action. Carried Mr. William Dillion Jr., President of Olde Port Harbour Ltd. appeared before Council. Mr. Dillion said the site of the location of the new DPW Maintenanco Facility should be given very serious consideration. Mr. Dillion remarked that some discussion has taken place in locating the facility on the water front. Mr. Dillion said this should not be there because everyone has seen what can be done with the water front of our beautiful city, and a public works building does not belong in this location. Mr. Dillion said it would be a total waste of civic beautification property. COMMUNICATIONS Letter to Designate Fountain Place a Historic District: City Clerk Rundle read the following Letter: MEMORANDUM TO% Mayor and the Common Council FR%1: Ithaca Landmarks Preservation Commission SUBJ: Fountain P1. Historic District DATE: August 26, 1974 On 12 August, The Ithaca Landmarks Preservation Commission held a public hearing to determine the feasibility and desirability of designating the area shown on the accompanying notice as a Historic District 'of the`City of Ithaca. No objections were heard at the hearing, and after the hearing was closed, the Commission voted to designate it. The commission requests that Common Council ratify the designation, in accordance with the procedures set forth in the Landmarks Preservation Ordinance. cc: J. Rundle A. Jones By Alderman 'Jones seconded by Alderman Boronkay, Resolved, that that this letter be referred to the Planning Board. Carried _6_ September 4, 1974 City Clerk Rundle read a.certified letter sent to the -Southside Center as follows: CERTIFIED MAIL August 16, 1974 Mr. Delridge Bunter Southside Community Center 305 South Plain Street Ithaca, New York 14850 Dear Mr. Hunter: I have been directed by the Common Council at their August 7, 1974 meeting to write you a letter requesting that you please contact our Attorney for the City, Martin A. Shapiro and arrange for a meeting with your Board of Directors. Mr. Shapiro is most anxious to enter into negotiations on behalf of the City of Ithaca for the parcel of land owned by the Southside Center that will be used for the intended park. A prompt reply to this letter would be greatly appreciated. Very truly yours, Joseph A. Rundle City Clerk JARsmb cc: Mr. Martin A. Shipiro Attorney for the City Attorney for the City, Shapiro reported that he had received a reply from Ms. Andrea Kydd, Executive Director of the Southside Center. Mr. Shapiro said Ms. Kydd indicated to him that the Southside Center would be willing and is willing to convey the rear parcel of land behind the Southside Center building to the city of Ithaca for a one dollar consideration with the following conditions: 1. That the parcel be used as a park for park purposes as Common Council has indicated it was going to do. 2. Should said parcel ever cease to be used as a park, then the parcel would revert back to the Southside Center. Mr. Shapiro remarked that the name and address of the Attorney for the Southside Center has been given to him, and he is in the process of drafting a letter to the Attorney. Mr. Shapiro reported that he is proceeding with the two parcels of land the City is seeking to acquire to the immediate north of the Southside Center, contract purchase offers are presently signed awaiting ratification, deeds are being prepared and are being held in escrow until the contracts are ratified. Telegram to Mayor and Members of Council from former Second Ward Alderman Michael A.RoS inson City Clerk Rundle read the following telegram: September 2, 1974 To: Mayor and Members of Common Council: I love the City of Ithaca and its natural beauty. I look forward to seeing its natural splendors each time I return. One of the greatest attractions to the area is the remaining unimpaired shoreline of Cayuga Lake and the Inlet. In past few years while on Common Council various attempts to intrude on these as yet unspoiled areas were made by both Public & Private interests, the City earned an enviable reputation by refusing to allow any intrusion which might serve to be a liability to this beauty. As former chairman of the Public Works Committee the maintenance facility now under discussion was brought to our attention as early as 1970. At that time even with our limited knowledge of potential ecological hazards and future prime property values, it was possible to recognize that proposal as an excercise in shortsightedness to say the least at that site. Today with ever escalating -7- September 4, 1974 demands on our remaining virgin.-areas and future promises of each the area in question, as a former- elacted..official of Ithaca, I must appeal to this Council for an enlightened approach to the city's present long range needs exhibited by overwhelmingly refusing to allow the permanent spoilage of the area in question with the facility under discussion. The master plan adopted by this Common Council denied such a facility in this area. Many of this Common Council's members voted to adopt this plan and pledged themselves to bringing it to fruition. To vary from that pledge at this time would be a denial of the previous position taken and a disaster for the entire residency of the City. I have continued interests in the City, my family is here, my wife's family is here and I would hope upon returning to the City next spring I will not find the Common Council has in shortsighted fashion treated my home town shabbily as to despoil its vistages of natural beauty. If the facility is needed I recommend the enormous price tag be thoroughtly inves- tigated plus a more appropriate site. TI, My warmest personal regards. Michael A. Robinson 2324 McArthur Boulevard Irving, Texas former 2nd Ward Alderman Letter of Appreciation to Former Alderman Robinson By Alderman Slattery seconded by Alderman Barber, Resolved, that the City Clerk be requested to acknowledge Former Alderman Robinson's telegram and thank him for his continued interest in,- the Ithaca Community. Carried COMMUNICATIONS FROM THE MAYOR Appointments James P. Dennis Committee Appointments Mayor Conley assigned newly elected Alderman Dennis to the Budget and Administration Committee, Charter and Ordinance Committee, and also to serve on the Inter-Govern- mental Relations Committee. Alderman Slattery, Chairman of the Ad Hoc Water and Sewer Committee with the Town of Ithaca, Village of Cayuga Heights, Town bf Lansing, and Dryden Mayor Conley appointed Alderman Slattery Chairman to replace Alderman Glen H. Schmidt who resigned. Capital Improvement Review Committee Mayor Conley appointed the following: Chairman Alderman Anne Jones - Common Council Representative Alderman John Gutenberger - Common Council Representative Gerald P. Schickel - Board of Public Works Representative Hilton Shaw _ �� �+ n Henry E. Doney - Planning Board Representative Rexford Hildreth Capital Project Bus Tour e Mayor Conley announced that the Capital Project Bus Tour has been finalized and will take place on Saturday, September 14, 1974 at 9:30 a.m. The bus will leave from the westend shuttle lot by the Old Lehigh Freight Station. Application for All American City Award Mayor Conley remarked that an application has been submitted by Ithaca for the All American City Award. The award will be made in 1975 for the activity in 1973, and 1974. 'The application has to address itself to community projects that were initiated by people in the community. Mayor Ccnley commented that the City has many excellent projects such as the whole Inlet project, the Center for the Arts, the -Cass Park Marina, historic Preservation areas (Clinton House), and citing the community groups that led to the Mall Project. Mayor Conley said that the applica- tion was being prepared by a professional and asked fit the City in some fashion -8- September 4, 1974 to support a graphic display that shows pictures of not only those projects, but also some of the vther ac- ,:amplishments that the City has achieved in the past few years. The Senior Ci_-.zen Housing, the Senior Citizens Center and McGraw Housing. Mayor Conley said this would be done on Graphic Boards that could be used by the City for conferences, the presentation of the All American City Award, and educational purposes for freshman orientation. Mayor Conley remarked that the project has been started with funds from the Planning Board budget but some point in time a recommendation will be made to Council. Southside Community Center. Mayor Conley commented that he met with a group from the Southside Community Center and discussed with them different areas that he might persue in an attempt to secure funds to rehabilitate the Center. CITY CLERK'S REPORT. Report of State of New York Commission of Correction - City Jail City Clerk Rundle read a report on the inspection of the City Jail as follows: REPORT OF INSPECTION CITY JAIL - ITHACA Tompkins County Inspected July 4, 1974 Edward J. Conley, Mayor; Joseph Rundle, City Clerk. James M. Herson, Chief of Police. J. F. Jamarusty, Sergeant, on duty at the time of inspection. The detention facilities consist of seven cells for males and two cells for females located at ground level of police headquarters. The cells are constructed of plate steel tops, sides, and backs, and bar-grille fronts with sliding doors of like material secured with a snap and dead-lock. Cell equipment consists of vitreous sanitary fixtures, wood bunks, secured to the cell walls, and protective screening affixed to the bargrille fronts. The last inspection report of this Jail dated July 23, 1973, indicated that #5 cell of the male section was devoid of a sanitary fixture and it was recommended one ')e installed. During this inspec- tion, the undersigned observed that the recommendation was complied with. Ar- tifical illumination is provided by a series of psychiatrict type fluorescent light fixtures installed at the junction of the wall and ceiling and ventilation is provided by an air conditioning unit. The two cells and cell section for females are located separate and apart and are constructed of like material as the male section. Entrance to both sections is provided by hollow steel doors equipped with viewing panels secured with an integral bolt lock. The escorting officer was very cooperative in explain to the undersigned procedures pertinent to proper care, custody and supervision of the prisoners and their property. These procedures as reviewed by the undersigned were satisfactory and in accordance with the Minimum Standards promulgated by the State Commission of Correction. An inspection of the jail records indicated that supervisory visits are being made at intervals not exceeding 15 minutes. Additionally, three televi- sion'cameras, mounted within the male section of the detention units, are used as an adjunct to the regular supervisory visits. Monitors for these cameras are located at the dispatcher's desk and at a reception desk on the ground level. The police chief's annual report to the State Commission of Correction indi- cated that 436 male and 33 female prisoners were detained in 1973 and an inspection of the detention records revealed that 229 males and 18 females have been detained from `January 1, 1974 up to and including this date of inspection. The services of a local physician and the facilities of Tompkins County Hospital are available for any prisoner who appears to be ill or injured. Food obtained at atlocal restaurant is provided whenever a prisoner is detained over the usual meal hour. All locks and sanitary fixtures worked properly when tested and the cells and cell sections were neat and clean. Respectfully submitted, Ted P. Swiderek, Inspector Approved by: Francis J. Bucklev STATE COMMISSION OF CORRECTION -9- September 4, 1974 ATTORNEY r0a THE C1TY'S Home Dairy Lawsuit Attorney Shapiro commented that a decision was made and the petition against the City made by Mr. and Mrs. Avery was dismissed, which now ends the threat of an injunction to stop instruction of the Mall. Attorney Shapiro pointed out that the order does not prevent an appeal within thirty days, and he was given to be- lieve that there will be no appeal in this case. The dismissal is made without prejudice for the rights for the petitioner to bring an action against the City of Ithaca for damages claimed as a result for the alledged appropriation of property rights unless the City shall from ninety days of the service of the order, herein notice of entry, commence proceedings pursuant to its right of eminent domain to legally condemn such property rights. Attorney Shapiro said that this was ordered out of the Blue so to speak, because the suit did not talk about damages at all. It was his position and always has been that if they thought that if they had been damaged monitorially they could always bring a suit for monitory damages. Attorney Shapiro remarked that he does not see anything in his research that there is anything to condemn. The City is on very strong legal grounds and he recommends against instituting any condemnation proceedings, for a number of reasons. Opinion from the Attorney General's Office Attorney Shapiro commented that he had received an opinion from- the Attorney General's Office with respect the the question of repealling those provisions in the Charter .� having to do with the prohibition of fluoridation. The opinion was written by Carl J. Ruskowski, Assistant Attorney General; which basically said and confirmed by telephone that there is no law on the subject and the City Charter does not expressly permit it, such actions or prohibit it. Many city charters either do permit it after a statuary time of a year,other charters specifically prohibit i.'. Mr. Ruskowski could find no court cases in this state or others, and Nr. Sh , said he`also could not find any that related directly to the question. However, it was Mr. Ruskowski 9s opinion that those sections may not be repealled by local law adopted by Common Council of the City of Ithaca without approval of the qualified electors or referendum'. ` Mr. Shapiro asked Mr. Ruskowski as to how you go about having a referendum with the question of fluoridation or having no fluoridation has been held not to -be a subject of a mandatory referendum. The question was then asked,do we have to wait for a referendum on petition, as the other prohibitions were made. This is a very thorny question and there is very little law, in fact none. Mr. Ruskowski requested Mr. Shapiro to write him another letter seeking another opinion, which• he did the same day, and is awaiting an answer from the Attorney Gereral's Office. Mr. Shapiro said he believes the Attorney General's opinion should be followed. Van Vorce Salisbury Case Attorney Shapiro commented that about three years ago an officer on the force by the name of Van Vorce was injured while on duty by an individual by the name of Salisbury. As a result all the provision and various laws the City tas been payi.-ig medical expenses, salaries, etc. -in the early spring or late winter it became relatively clear that the notice of lien that was placed on the lawsuit between Van Vorce and Salisbury may not be sufficient to protect the City's interests. The City would have a claim in this lawsuit of the medical expenses, salary, etc. which at this point is about $30,000. To protect the City's interest Mr. Shapiro said he .commenced a lawsuit on behalf of the City which he previously reported to Council. This lawsuit may be reached in October, if it is, the normal procedure in a lawsuit-of this kind is that you would have a pretrial conference, with attem-:+-p at negotiation, and settlement and etc. Mr. Shapiro requested Council to authorize him to accept what he considers to be a reasonable offer of settlement if such is made -on behalf of the City. Resolution Authorizing Attorney 'for the City By Alderman Boothroyd, seconded by Alderman Jones, Resolved, that the Attorney for the City be authorized to settle the VanVorce- aisbury lawsuit for any figure that Mr. Shapiro feels is reasonable under the circumstances: - Carried CHARTER AND ORDINANCE COMMITTEE City Charter Alderman Slattery remarked a final draft of the Ithaca City Charter had been placed on each Alderman's desk in its final form, minus its permanent. binder. -lo- September 4, 1974 Alderman Slattery requesr;�d memt-.:. i,ot to mar - tae copies of the draft because it will be their permanent copy. Zoning Ordinance Resolution By Alderman Slattery, seconded by Alderman Jones, Resolved, that this ammended and redrafted Zone Code be referred to the Planning Board for its consideration and recommendation Be It Further Resolved, that the ammended and redrafted City of Ithaca Zoning Ordinance is hereby officially laid on the table and Be It Further Resolved, that the City Clerk is hereby directed to advertise a public hearing to be held •in the Common •Council Chambers at the next regular meeting of the Common Council, October 2, 1974, to consider its adoption. Carried HUMAN SERVICES COMMITTEE Police Grievance Procedure Resolution By Alderman Nichols seconded by Alderman Brock, Resolved, that the Common Council adopt this police grievance procedure as official City policy, and that it be published on an annual basis to inform all citizens: Police Grievance Procedure Declaration of Basic Principles. Every citizen shall have the right to present his .grievance in accordance_ with procedures herein, free from interference, coer- cion, restraint, discrimination, or reprisal, and shall have the right to be re- presented by a person of his -own choosing at all stages of the grievance procedure. Grievance. Shall mean any claimed violation, misinterpretation, or inequitable application of the existing laws, rules, procedures, regulations, administrative orders, or work rules of the Department of Police, City of Ithaca, New York. Presentation of Grievance. A citizen who claims a grievance must present his grievance to the attention of the Police Commissioners at the Hall of Justice, 120 East Clinton Street, within two days after the occurrence constituting the grievance. The Police Commissioners may waive the two-day limitation at their discretion for good cause shown. The grievance shall be submitted as a written stat-4ment sig .:' and sworn by the complainant and shall contain the following information• 1) the name and residence address of the citizen presenting the grievance; 2) the name and T -s -,, of each police officer involved in- the grievance, if known; 3,, the names and residence addresses of any witnesses to the occuamce constituting the grievance; ;and 4) a concise statement of the nature of the grievance and the facts relating to said grievance. Time for Hearing. Notice. The Police Commissioners shall hold a hearing within two weeks after receiving the written complaint unless a Civil Service Hearing or criminal action is contemplated. The Police Commissioners shall°^give at least five ,(5) days written notice of time and place of such hearing to all Varties involved. r Conduct of Hearing. The hearing on the grievance may be held in public or private, as determined by the Police Commissioners. A hearing may be conducted by at least two of the three Police Commissioners. If fewer than three Police Commissioners are present at such hearing, the members conducting the hearing shall render a report to the full Board. In any case where two Police Commissione'2"s have conducted a hearing and do not agree in their finding a further hearing shall be held with the participation of all three members of the Board. Rules of Evidence. The- Police Commissioners shall not be bound' b+y formal rules of evidence, but all testimony shall be given under oath. v l i. -11- September 4. 1974 $ummary of HearinZ. A written or cape-rocoro&d bummary of all hearings held by the Police Commissioners shall ba kept at the Hall of Justice. Vote Necessary. Two concurring votes shall be necessary to determine any official report or action of the Police Commissioners. ?wort of Hearing. The Police Commissioners shall make their report in writing within five (5) days after the close of the hearing to the Mayor. After the Mayor has acted upon the recommendations contained in said report, he shall provide official copies of the report to the complainant, any persons named in the complaint, Chief of Police, City Clerk, City Attorney, and the Civil Service Commssion. The report shall include a statement of the Commissioners' findings of fact, conclusions, and advisory recommendations. Upon the request- of any citizen, a copy of the transcript of any such report may be obtained by payment of a reasonable fee. Affirmative Action Program Resolution: By Alderman Nichols: seconded by Alderman Boothroyd RESOLVED, That this Common Council adopt, this affirmative action program and that it be published on an annual basis, tl. Carried yn AFFIRMATIVE ACTION PROGRAM-CITY OF ITHACA ITHACA9 NEW YORK OBJECTIVE: L1 It is the policy of the City of Ithaca to provide equal employment opportunity and upward mobility for all qualified persons, to preLibit discrimin- hation in employment because of race, color, religion, sex, physical or mental andicap, creed, national origin, or sexual orientation; and to promote the full realization of equal employment opportunity through a positive, continuing program of Affirmative Action throughout the City of Ithaca. This is in accordance with, but not limited to, the requirements of Federal Executive Orders 11246 and 11375, as amended, the State of New York Executive Law: Human Rights Act, and the Plan for Affirmative Action submitted by the Tompkins County Personnel Department on June 17, 1974. ACTION: The objective will apply to all present and future employees of the City of Ithaca. 2. All job t''.tles, including those in the competitive, non-competitive, labor, or eremp.: jl Service classification will be covered by this plan. �. This plan will be the basis for all decision-making in employment matters. 4. The plan will be t..ie grounds for a continuing campaign to eliminate every �._qplication of prejudice or discrimination of any kind, including, but not limited :0, race, color, religion, age, physical or mental handicap, sex, creed, sexual orientation, or n-~:.cnal origin, in public employment by the City of ITHACA. 5. The Budgei �_,d Administration Committee of the Common Council and other Council committees whic'a are involved with the various departments .of City government will review all job descriptions to eliminate unwarranted requirements that could hinder the recruitment of otherwise qualified employees. 6. All City departments must use every effort to increase the number of minority group employees in every category possible and for each vacancy the various departments are authorized to fill. 7. The mere absence of discrimination against minority groups will not be suffi- cient evidence the Affirmative Action has taken place, but there shall be a continuous evaluation of the progress that has taken place to date. This report shall be in writing and shall be prepared under the supervision of the Human Ser- vices Committee of the Common Council. It shall be submitted to the Common Council at least once annually and shall include information and statistics concerning every department of City Government. 8. The Mayor shall review the findings of these reports with the departments -12- September 4, 1974 in vol-wed_and-shall initiate ,appropriate chargLiP-a:sd procedures designed to eliminate discriminatory practices that may have existed and to improve departmental programs for equal employment. 9. City employees or applicants for City employment who believe that they have been discriminated against illegally as described in Paragraph (4) above may receive counsel and assistance from the Tompkins County Human Rights Commission in re- solving the complaint on an informal basis or in filing a formal complaint of discrimination with the New York State OwAn Rights Commission. 10. Recruitment of new employees and filling of vacancies that arise in the various departments of City government Which will be the area where Affirmative Action can have the greatest impact. The Controller, the Superintendent of Public Works, and the heads of all the operating departments will observe the following official policies hereby adopted by this Common Council: a. Notices of any vacancies in City employment will be publicized as widely as possible so that all potentially qualified individuals are aware of these employment opportunities; b. In keeping with the intent of this Affirmative Action Program, it is the policy of the City of Ithaca to transfer and promote qualified employees within City employment before recruiting from outside the ranks of City employees. c. Notice of vacancies within the departments of the City shall be given to all qualified employees by posting announcements and by written memoranda as well as any other methods of assuring the widest possible dissemination of infor- metion concerning these vacancies, both within the ranks of present City employees and in the community at large. d. The Mayor shall be responsible for suggesting changes in this Affirmative Action Plan to assure compliance with any future federal, state, and county legislation affecting equal employment opportunity. Legal Services Alderman Nichols reported that the Human Services Committee is studying legal services for city employees charged with violations in lawful performance of their duties, and requested help from the Attorney for the City. Ithaca Housing Authority Alderman Nichols dommented that alot of work is being done to cope with the pro- blems of the Authority, and that a chicken barbecue is planned at Titus Towers. BUDGET AND ADMINISTRATION COMMITTEE Public Works Cage Facility resolution By Alderman Gutenberger, seconded by Alderman Saccucci, Resolved, that this Common Council does hereby authorize and approve the construc- tion of a Department of Public Works Maintenance and Storage Facility, and Be It Further Resolved, that the Bond Issue Resolution adopted in December 7, 1966, be rescinded and declared null and void, Be It Further Resolved, that $10,000 be appropriated from Account A1990 Contingencies to Public Works Maintenance Facility. Construction Schedule Chart B.P.W. Commissioner Clynes presented a bar chart of the timetable on constructing the D.P.W. Maintenance Facility, and Asst. to Supt. of Public Works Dougherty explained it in detail, and answered severai -quostious from the Council.. After discussion on the Council floor, thee'original motiob as amended, and accepted by the maker was presented as follows: Amended Resolution - Public Works Facility By Alderman Boothroyd, seconded by Ald W Boronkay, Resolved, that this ommon Council does 4ereby authorize and approve the Construc- -13- September 4, 1974 Pion of a Department of Public Works Maintenance ,and Storage Facility at a cost not to exceed $1,000,000 (one million dollars). Be It purther Resolved, that the Bond Issue resolution adopted in December 7, 1966 be rescinded and declared null and void. Be It Fbrther Resolved, that $5G,000 be authorized of which $10,000 be appropriated from Account A1990 Contingencies to Public Works Maintenance Facility. Carried S.P.W. Commissioner Clynes commented on behalf of the staff and the Board of Public Works he wished to thank Council for their vote of confidence. City of Ithaca Labor Negotiator By Alderman Gutenberger, seconded by Alderman. Barber Resolved, that Anton Aboud and Michael Hathaway be retained as the City of Ithaca labor negotiator at a fee of $11,000 plus an amount not to exceed $1,000 for travel expenses. Carried C Municipal Consultants and Publishers, Inc. Invoice By Alderman Gutenberger, seconded by Alderman Spano, Resolved, that the Municipal Consultants and Publishers, Inc. invoices in the total amount of $3,179.15 be approved for payment. Carried Human Services Planning Committee By Alderman Gutenberger, seconded by Alderman Slattery, Resolved, that a $187.50 -increase be authorized as the City of Ithaca's share for development of a proposal by the Human Services Planning Committee. (9) AYES (3) NAYS - Boronkay, Jones, Meyer Carried Southside Park Land Acquisition By Alderman Gutenberger, seconded by Alderman .Toney WH;3REAS, the City of Ithaca desires to acquire title to real property known and identified as 217-219, 219: 1/2 South Plain Street and 221 South Plain stana.r;, which property is located in the City of Ithaca, for the purpose of providing additional playground space, and WHEREAS, the ' ,::won Council of the City of Ithaca-has retained attorney Robert J. Hines to negotiate for the acquisition of such properties, and WHEREAS, by letter of August 14, 1974, Robert J,. Hines forwarded to the Mayor of :the .City of -Ithaca executory Contracts for the purchase of said properties, which contracts were subject to ratification and approval by the ,Common Council of the City of Ithaca, 'and WHEREAS, it appears to the best interests of the City of Ithaca to acquire said properties on the terms set forth in said contracts. NOW THEREFORE, be it RESOLVED, that the City of Ithaca does hereby ratify and confirm the purchase offer for premises known and identified as 217-219, 219 1/2 South Plain Street, subject to the favorable consummation of funding arrangements for such purchase with the State of New York, which premises are described on the agreements attached hereto for the sum of $10,500 on the terms and conditions set forth in said purchase offer, and it is further RESOLVED, that the City of Ithaca does hereby ratify and confirm the purchase offer for premises known and identified as 221 South Plain Street, subject to the favorable consummation of funding arrangements for such purchase with the State of New York, which premises are described on the agreements attached hereto, -14- September 4, 1974 for the sum of $16,500.00 on the terms and conditions set forth in said purchase offer, and it is further RESOLVED, THAT the Mayor of the City of Ithaca be and hereby is direcped and authorized to execute such further documents as may be necessary aqd proper to carry out the terms and provisions of these contracts. Carried Appointment of Ruthanne Brown as Administrative Secretary By Alderman Gutenberger, seconded by Alderman Saccucci, Resolved, that Ruthann Brown be appointed Administrative Secretary in the Mayor's Office at a salary of $8,450 per annum, effective September 1, 1974. Carried AUDIT r� By Alderman �,utenberger, seconded by Alderman Slattery, Resolved, that the bills audited and approved by the Budget and Administration Committee in the total amount of $23,506.24 as listed on Audit Abstract #8-1974 - be approved for payment. Carried Final Date for Submission of 1975 Budget City Clerk Rundle was requested to contact all department heads and remind them that final date for submission of the 1975 Budget is September 13, 1974 and will not be considered after that date. Special meeting of Common Council Mayor Conley commented that he was calling a special meeting of Commmon Council Scptenber 11, 1974 to consider a site for the new Maintenance Facility, and C.S.E.A. employees contract. OLD BUSINESS Fence on the Dey Street Side of Auburn Park Alderman Boothroyd asked about the status of the request to put a fence on the Dey Street side of Auburn Park. Alderman Boothroyd asked that the Board of Public Works be requested to expedite this particular request at a very small cost to the City. NEW BUSINESS- CASS PARK BALL DIAMONDS: Alderman Saccucci commented that several local athletes in the community would like to have one of the nine ball diamonds filled in with dirt, and a fence atcund it with floodlights. Mayor Conley remarked that arrangements were made laot year with the ball players to share the expenses and he has not heard from them. On a motion the meeting was adjourned at 11:18 P.M. Jo ph A Runde, City Clerk Edward J. Conley, Mayor Special Meeting 7:30 P.M. September 11, 1974 PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Brock, Dennis, Gutenberger, Jones, Heyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: City Controller - Daley City Chamberlain - Wright Attorney for the City - Shapiro Police Chief - Herson Supt. of Public Works - Dingman City Clerk - Rundle Planning Director - Van Cort Asst. to the Supt. - Dougherty PLEDGE OF ALLEGIANCE: All present were led by Mayor Conley in the Pledge of Alle- giance to the American Flag. CLARK HAMLIN: Mayor Conley introduced Mr. Clark Hamlin a candidate for seventh ward seat. PERSONS APPEARING BEFORE COUNCIL: Air. William Dillion, Jr., President of Olde Port Harbour, appeared before Council. 2,Ir. Dillion said the press refers to him as if he had an interest in the water front land that the City is considering for a public works building. Mr. Dillion said he would like it understood that he only speaks because apparently for eight years the water front of Ithaca lay fallow, it was a sewer, and by some strange happenstance he did it before somebody else, and he showed the way, and did a water front so that instead of trying. to tell somebody about it or putting it on paper he did it to make sure that everybody could see that it could be done. Mr. Dillion said it has been done the way it has been shown the waterfront of the City of Ithaca can be a great and beautiful place for any kind of development. Air. Dillion said development can be for all kinds of better usage than public buildings, public works buildings, public park building, public docking but not for just general usage type land use. Mr. Dillion said he wanted the press to understand that. Mr. Dillion said he is the expert on this, he has done it, he has been there and he knows what he is talking about, and he has shown the way. Mr. Dillion said that is why he has come back here again and again to try to get the message out that the waterfront is extremely valuable for the benefit of the City of Ithaca and for us to do any- thing in anyway to use it in any other way 'than to beautify our City and to do something other than public works or any other kind of similar usage stockpiling of materials or whatever would be disasterous in his opinion. COKW3 CMIONS Letter from Mr. & t{rs. Edward Arnold: City Clerk Rundle read the following letter: August 28, 1974 Mayor Edward Conley City Hall Ithaca, New York Dear Mr. Conley: We are writing to you, and through you to others responsible, in regard to the decision soon to be made as to a location for a new storage facility for the City. We are very pleased with the attractive west side of the Inlet as it is now emerging. It not only beautifies the shore from a boater's vies:*, but is filling the recreation- al needs of many citizens in a wide variety of sports. We can't help but see the contrast when one looks at the city-owned east shore where Cascadilla Creek emerges. Here, too is opportunity for beautification, future recreational development and, in short using valuable land to it's fullest capacity. We cannot believe that any long range plans would seriously propose building an -2- September 11, 104". expensive and therefore permanent commercial strueture in this area to detract ,£ ill the otherwise beautiful waterway. Qf.course there are already some buildings the property awa from the shore but to add a more permanent structure would it1F Y compound the problem of any possible later beautification. We are fortunate in already having Newman Golf Course farther up on the East A �• Let's be consistent and not allow one ugly spot to mar the beauty we- have alvid! y developed. We sincerely hope the members of Council will designate the city owned area in question as a future park or recreational area--something far more aesthetically compatable to a valuable water front property, and build a maintenance garage in a less conspicuous place, even though it may cost a few thousand dollars to purchase a site. The area in question is priceless. Sincerely, Dorothy E. Arnold Edward F. Arnold Officer James R. Ayers, Jr. Resolution: By Alderman Gutenberger: seconded by _ Alderman Barber - WHEREAS, Death removed from our midst, on August 19, 1974, Officer James R. (Skip) - Ayers, Jr., who had served as a Patrolman for the Ithaca Police Department of the City of Ithaca, New York continiously since August 14, 1973. WHEREAS, with his limited experience with the Police Department he expressed sincere loyalty to his position within the field of law enforcement, his knowledge of Ithaca, its citizens and the many and complex problems that daily come to the attention of the Police Department. Further he was highly respected and considered as a valued member of the Police Department. WHEREAS, It is the sense of this Common Council that Officer James Ayers, Jr. gave unselfishly of his time and efforts in the pursuance of his duties; and that his devotion to his duty in the field of law enforcement and the protection of persons and property throughout the City of Ithaca during his entire period of service earned him the respect of our Community, NOW THEREFORE BE IT RESOLVED, that this Common Council wishes to convey its sympathy to the members of his family, his associates and the Community who are indebted to him for services to the City, and BE IT FURTHER RESOLVED, that in tribute to his memory, this resolution be spread upon the minutes of this meeting; and that a copy thereof be transmitted to his family. SPECIAL ORDER OF BUSINESS: C.S.E.A. Contract: Common Council set the working conditions and salary for C.S.E.A. for the year 1974 as follows: Alderman Gutenberger reported that the Budget and Finance Committee in conjunction with the Common Council as a committee of the whole made the following recommenda- tions: 1. C.S.E.A., the contract now in question, that the dollar amount on salary be $400 across the board increase plus l% increase retroactive to January 1, .1974. 2. The vacation plan as now in existence remained in existence, it must be a negotiable item for next year. 3. That the remaining items that have been agreed to by Kingsley Associates and the C.S.E.A. representatives which have been agreed to be read and ratified singu- larly by Council. Council considered recommendation No. 3 first as follows: Paragraph No. 1: By Alderman Boronkay: seconded by Alderman Jones RESOLVED, THAT paragraph No. 1 be approved "It is agreed that the Employer retains the right to direct employees, to hire, promotq, transfer, discipline subject to law and terms and conditions of their agree- ment-, to maintain the efficiency of operations entrusted to him; to determine the --3- September. li. 1974 methods, means, process and personnel by which said operations are td le conducted, and to take whatever action is necessary to carry out the mission of he department, provided that such rights shall not be in violation of any other sectiods.of this ' agreement or mandatory sections of law. Carried Paragraph No. 2: By Alderman Brock: seconded by Alderman Jones RESOLVED, That paragraph No. 2 be deleted: All position reclassification (regrading) will be temporary and subject to readjustment to previous grade at time of each Comprehensive Classification and Grading Project of City employees provided a joint committee of management and union select the consultant and oversee the Project. Employees shall not forfeit such excess salary paid during such interim. Adjustment of Salaries and Fringe Benefits consider the working conditions prevailin* among area private and public employers. Carried Paragraph No. 3: By Alderman Slattery: seconded by Alderman Barber RESOLVED; That paragraph No. 3 be approved Requirement of a statement from a medical doctor to the department head for each instance of five or more consecutive days of illness, including all time off. Alderman Brock asked if this prohibits the supervisor requesting such a statement from the medical doctor. It requires it after 5 days but does it prohibit at 2 days? Attorney for the City Shapiro determined that after 5 days it is a requirement, it y could be waived by the supervisor, however the supervisor could not ask for one before the 5 days have passed. D Alderman Barber said that this seems to be a standard procedure in a lot of other contracts with other unions outside of the City. Alderman Gutenberger said if we have contract with another union that calls for three days then we should keep them all the same. AMENDMENT: By Alderman Gutenberger: seconded by Alderman Boronkay RESOLVED, That paragraph no. 3 be amended to read' 3 days. AYES: 3 -'Boronkay, Jones, Gutenberger NAYS: 9 Motion defeated A vote was taken on the original motion which resulted as 'follows: AYES: 12 NAYS: 0 Carried Paragraph No. 4: By Alderman Boothroyd: seconded by Alderman Spano RESOLVED, That Paragraph No. 4 b approved- Statement Association recognizes the right of City Council and the department heads to reorganize departments and services in the interest of improved or more efficient services to City residents rovided suth chan&es shall not be in violation of any other-section of this_ ag"ement' or law. Carried Paragraph No. 5: By Alderman Boothroyd: seconded by Alderman Dennis RESOLVED,- That paragraph No. 5 be approved All future percentage salary or wage increases are to be based upon the salary or wage established fbr each position in the previous city year. Carried Paragraph No. 6: By Alderman Barber: seconded by Alderman Saccucci RESOLVED, that the following be deleted: Calcdlation of adjustment -of salaries or fringe benefits is to be base3 on Employer's Total Cost per City employee. Carried Alderman Boothroyd asked if we delete this what do we negotiate on. Controller Daley said that as previously stated before just increase in salary not necessarily `ihcrease 'in fringe benefits. . A -4- - September 11, 1974 Paragraph No. 7: By Alde-n a- -Zoothroyd: seconded by Alderman Barber RESOLVED, That paragraph No. 7 be•-approved The Blue Cross-Blue Shield premium for hospitalization and medical insurance shall be paid by the City for 1974 at $15.52 per month ($186.24 per year) for individual coverage and $40.88 per month($490.56 per year) for family coverage. In addition, the City agrees to pay any premium increase above the January 1, 1973, rates during the duration of the contract with the agreement any such premium increase shall be considered an additional cost in determining compensation for the next future year (s) . Carried Paragraph No. 8: By Alderman Barber: seconded by Alderman Dennis The City agrees to pay all health and hospitalization insurance premiums for the duration of time that any employee is not able to return to work due to illness, hospitalization or by order of the employee's physician. The employees with less than five (5) years full-time paid employment shall reimburse the City for the amount of health insurance premiums for the period specified above. Employees of more than five (5) years full-time paid employment who return to work shall not be required to reimburse the City. Reimbursement shall be at the same rate as premium payment was made by the City. Attorney for the City Shapiro suggested that paragraph 8 be rewritten if there is ^ to be a time limit. Alderman Boothroyd suggested a 2 or 3 year limit on paying the hospitalization insurance. It was moved by Alderman Barber and seconded by Alderman Dennis that there be a 2 year time limit. The main motion as rewritten by the Attorney was presented as follows: By Alderman Nichols: seconded by Alderman Boothroyd ' The City agrees to pay all health and hospitalization insurance premiums then currently paid by the City for the duration of time that any employee is not Able to return to work for a period not to exceed three (3) years due to illness, hospitalization or by order of the employee's physician. The employees with less than five (5) years full-time paid employment shall reimburse the City for the amount of health insurance premiums for the period specified above. Safi reimbursement to be made annually or the City shall stop such payments and the premiums so paid by the City shall become immediately due and payable. Employees of more than five (5) years full-time paid employment who return to work within three years shall not be required to reimburse the City, but if said employees with five years full time paid employment do not return to work within three years, then the entire amounts so paid for said insurance premiums shall immediately become due and payable by scI4 employee to the City. Reimbursement shall be at the same rate r , as premium payment was made by the City. Carried " Paragraph No. 9: By Alderman Barber: seconded by Alderman Jones RESOLVED, that all agreements shall be retroactive to January 1, 1974. Carried Paragraph No. 10a: By Alderman Boronkay: seconded by Alderman Dennis RESOLVED, That paragraph 10a be approved ARTICLE III - WORK DAY, WORK WEEK, OVERTIME The standard work week shall be as listed in Article II for all employees. Chief Operators, Operators, and Operator Trainees in the Water Treatment and Sewage Treatment Plants and Electricians shall be compensated for time worked in excess of forty (40) hours per week at one and one half time the straight time rate. Carried Paragraph No. 10b: By Alderman Brock: seconded by Alderman Barber RESOLVE, That paragraph 10b be deleted All other overtime shall be at a straight time rate and must have the approval of the Common Council. Carried September 11, 1414 Paragraph No. 10c: By Alderman Saccucei: seconded by Alderman Berber RESOLVED, That paragraph No. 10c be approved The department head shall have the option of determining whether over tiftt shall be paid in compensatory time off or in cash. In the event eompensato {` �f�N@ off cannot' be taken at the convenience of the department head within four (4 weeks of date earned, such compensatory time shall be paid at the request of th'd employee. Carried Paragraph No. 11: By Alderman Slattery: seconded by Alderman Barber RESOLVED, That paragraph No. 11 be approved ARTICLE XIII - GRIEVANCE PROCEDURE Should the C.S.E.A. decide that the reply of the immediate supervisor is unsatisfactory, the C.S.E.A. Grievance Committee shall withing five (5) days submit the facts of the grievance in writing to the Department Head based on the facts of the grievance as stated in the previous step. The Department Head shall within five (5) days reply to the C.S.E.A. in writing giving his decision. Carried Paragraph No. 12: By Alderman Barber: seconded by Alderman Jones CC RESOLVED, That paragraph No. 12 be approved �= Should the C.S.E.A. decide that the reply of the Department Head is unsatisfactory, the C.S.E.A. shall within five (5) days submit the facts of the grievance, in writing, to the Common Council based on the facts of the grievance as stated in the previous steps. The Grievance Hearing may be conducted by one member of the Grievance Committee of the Common Council, but thefinal report must be concluded in sixty (60) days and supported by a majority of the Committee members. If either party is dissatisfied with the decision of the Committee, the unsettled issue may be referred by either party to be resolved through arbitration. Carried Paragraph No. 13: By Alderman Boothroyd: seconded by Alderman Jones RESOLVED, That paragraph No. 13 be approved Arbitration. Any dispute or grievance arising out of or relating to this Agreement may be submitted to arbitration by a committee of three chosen: one by the C.S..E.A., one by the Employees Relations Committee, and the third by the other two. The City and the C.S.E.A. agree that the recommendations of the arbitration shall be final and binding. Carried Paragraph No. 14: By Alderman Barber: seconded by Alderman Brock RESOLVED, That paragraph No. 14 be approved ARTICLE XIV - WORKING CONDITIONS The employer shall notify the City of .Ithaca Unit C.S.E.A., Inc. in writing at least seven (7; :'&ys in advance of any change in working methods or working conditions, except where such change is required because of an emergency or major disaster over which the employer has no control. The projected date for completion of the Classification, Grading and Salary Project is March 15, 1974. Carried Paragraph No. 15: By Alderman Brock: seconded by Alderman Boronkay RESOLVED, That paragraph No. 15 be approved LENGTH OF CONTRACT January 1 through December 31, 1974. Carried Paragraph No. 16: By Alderman Barber: seconded by Alderman Spano RESOLVED, That paragraph No. 16 be approved DEFINITIONS -PART TIME A part time position shall mean a standard work week of less than twenty hours. A part time employee shall be an employee who fills such part time position. Part time positions and employees are exempt from Civil Service Law. Creation of part time positions and the hiring of part- time employees is a management right. Carried September 11, 1974 Paragraph No. 17: By Alderman Barber: seconded by Alderman Bootbroyd RESOLVED, That-paragraph-No. 17 be approved SEASONAL A seasonal position shall be a position existing periodically and continuously to a maximum of six (6) months duration A seasonal employee shall be an employee who fills a seasonal position, Carried Paragraph No. 18: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That paragraph No. 18 be approved The City of Ithaca agrees to pay tuition for educational courses, including technical and trade schools for employees covered by this agreement. The intention is to assist employees to further their education and enhance their ability and effectiveness on the job. Such assistance shall be limited to: (a) courses related to an employee's position which will further development in the performance of their duties; (b) courses which will assist employees to gain promotion within their job classification as a City employee; (c) applicant must have approval prior to the cour e; (d) applicant must obtain a grade of "C" or better before reimburse- ment; and (e) available to full time, permanent (provisional) appointed employees. Carried Paragraph No. 19a: By Alderman Brock: seconded by Alderman Jones RESOLVED, That paragraph No. 19a be approved The granting of Education Assistance should be formalized and the procedures revised. Assistance is to be limited to one course per semester for permanent or (provisional) employees. Courses shall not be taken during working hours. Carried .Paragraph No. 19b: By Alderman Brock: seconded by Alderman Nichols RESOLVED, That paragraph No. 19b be deleted Leave without pay is to be granted for education. No leave with pay is to ,. be granted for education. Carried Paragraph No. 20: By Alderman Boothroyd: seconded by Alderman Brock RESOLVED, That paragraph No. 20 be approved ARTICLE VIII - BEREAVEMENT AND PERSONAL LEAVE In the event of death in the immediate family of the employee or family of the employee's spouse, such employee shall be allowed a leave of absence with pay to a maximum of tie (3) days. This leave of absence must be approvers by the Department Head. Time lost will not be charged against accumulated sick leave. The immediate family is defined as: the spouse, parent, grandparent, child,. brother or sister of the employee or the parent, grandparent, child, brother or sister of the spouse. It shall apply also to any other relative living in the same household. Bereavement Leave may be extended to one calendar week at the discretion of the Department Head. Carried Paragraph No. 21: By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That paragraph No. 21 be approved Personal Leave for personal reasons may also be granted at the discretion of the Department Head. This may be refused only where the absence of the employee will cause a stoppage or major decrease in the functions of the department. Personal Leave may be granted for and limited to time for major bank transaction, nedical appointment. or personal emergency only. Alderman Jones asked that the motion be amended by limiting it to three days peh calendar year. Alderman Meyer asked that the amendment be amended to read limit it to three days charged against sick leave. A vote was taken on the amendment which resulted as follows: AYES: 7 - Saccucci, GutenbeYger, Brock,, Meyer, Nichols, Spano, Mayor Conley NAYS: 6 - Dennis, Barber, Janes, Barr tkay, Slattery, Boothroyd Carried -7- September 11, 1��► A vote was takren on the main motion, as amended which was defeated unanimously. By Alderman Nichols: seconded by Alderman Meyer RESOLVED, That paragraph No. 21 as reworded be approved Persbnal leave for personal reasons to a maximum of three days per annum may also be granted at the discretion of the department head. This may be r$fused only where the absence of the employee will cause a stoppage or major decrease in the functions of the department. Personal leave may be granted for and limited to time for Major bank transactions, medical appointment or personal emergency only. Personal days taken are to be subtracted from eligible sick leave days. AYES: 3 - Nichols, Meyer, Saccucci NAYS: 9 Motion defeated Paragraph Oo. 22: By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That paragraph No. 22 be approved Personal Leave of one-half (1/2) day with pay shall be allowed to attend the funeral of close friends. Carried CE Paragraph No. 23: By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That paragraph No. 23 be approved "Employees who are required to use their cars in the conduct of official City business shall be reimbursed at the rate of 15C per mile for 'In-City Driving' and at the rate of 12� per mile for all other mileage. 'In-City Driving' shall include travel within established Water Districts." Carried Paragraph No. 24: By Alderman Barber: seconded by Alderman Dennis RESOLVED, That paragraph No. 24 be approved Part-time and seasonal employees (as defined below) shall receive only the fringe benefits of Social Security and Workmen's Compensation. They are not considered permanent employees. All other employees will receive the fringe benefits at the contract rate. Carried Paragraph No. 25: By Alderman Barber: seconded by Alderman Brock RESOLVED, That paragraph No. 25 be approved CSEA officers and committee members of the City unit will receive reasonable time for the conduct of grievances concerns with an employee of the City within the geographical limits of the City of Ithaca except for negotiations which will be conducted equally during normal City working hours and off time hours. Carried Paragraph No. 26: By Alderman Barber: seconded by Alderman Brock RESOLVED, That paragraph No. 26 be approved It is agreed the following positions are removed and will not be negotiated in the future by the CSEA. These include: Administrative Secretary - Mayor's Office Administrative Secretary - Police Chief's Office Administrative Secretary - Superintendent of Public Uork's Office City Court Clerk ;, (In regard to the Deputy Youth Bureau Director and Golf Course Manager, it is understood decisions on these positions are pending additional information. In regard to Deputy City Clerk, Deputy Building Commissioner, Deputy City Chamberlain and Executive Secretary of the Civil Service Commission it is agreed these positions shall continue to be negotiated by the CSEA." Carried VACATION: By Alderman Boothroyd: seconded by Alderman Jones RESOLVED, That the vacation policy remain as is and be a negotiable item for next year. AYES: 11 PLAYS: 1 Barber Carried -g- September 11, 1974 SALARY: By Alderman Boothroyd: seconded by Alderman -Meyer RESOLVED, That the salary increase be $400 across the board increase plus a 1% increase retroactive to January 1, 1974. Alderman Barber commented that the Council and C.S.E.A. requested a fact finder and that both parties should accept the fact finders report. A roll call vote was taken which resulted as follows: AYES: 11 NAYS: 1 - Barber Carried By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That the conditions for employment for 1974 as passed by Common Council be retroactive to January 1, 1974. Carried EXECUTIVE SALARY: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That 1974 working conditions and salaries of the executive payroll or employees not previously covered by union contract be the same as 1973. At 10:00 p.m. Mayor Conley declared a recess. At 10:10 p.m. Council reconvened. Alderman Boothroyd was absent for the balance of the Council meeting. Mayor Conley introduced Dwight Sangrey, candidate for the seventh ward seat. Alderman Gutenberger withdrew his original motion and presented the following resolution: EXECUTIVE SALARY: By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, That the 1974 working conditions and salaries of the "Executive Payroll" or employees not previously covered by union contract, be increased by $400 across the board and 1% of salary, retroactive to January 1, 1974. AYES: 11 NAYS: 0 ABSENT: 1 - Boothroyd Carried APPOINTMENTS: ITHACA BICENTENNIAL C0124ITTEE: Mayor Conley reported that he had received from Tompkins County a request asking Council to designate someone to represent the City on the Ithaca Bicentennial Committee. Mayor Conley said he would like to appoint Elizabeth Mulholland of 108 Bridge Street, who is Pr=sident of Historic Ithaca and Vice-President of the Area Beautific-dtion Council. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the Mayor's appointment of Elizabeth Mulholland to represent the City of Ithaca on the Ithaca Bicentennial Committee be approved. Carried YOUTH BUREAU ADVISORY BOARD: Mayor Conley reported that there was a vacancy on the Youth Bureau Advisory Board and he would like to appoint Frank Alo of 160 Crescent Place to fill that vacancy. By Alderman Barber: seconded by Alderman Gutenberger RESOLVED, That the Mayor's appointment of Frank Alo to the Youth Bureau Advisory Board be approved. Carried PLA41ING AND DEVELOPMENT CcaRUTTEE RESOLUTION OF COMMENDATION - JON MEIGS. By Alderman Jones: seconded by Alderman Barber RESOLVED, That Jon• Meigs be commended for his work on the maintenance facility. Carried CONSTR By Alderman Jones: seconded by AlderMart Meyer VjIFREAS, the sitiy}g of the new $1,000,000 Construction and Maintenance Facility represents a hardl look at the long range planning goals of the City of Ithaca, woW THEREFME BE-IT RESOLVED, that the C.Y.O. property be used as the site for the -9- September 11, 1974 new Construction and Maintcaance Facility and that the City exercise its option to purchase said property, and BR IT FURTHER RESOLVED, that the Mayor and City Clerk and the Attorney for the City and the Budget and Administration Committee pursue the matter of acquiring the C.Y.O. property as soon as possible, and BE IT FURTHER RESOLVED, that the Attorney for the City be authorized to exercise the option to purchase said property. Alderman Barber said he felt the City will eventually buy the C.Y.O. property. Alderman Barber said at the present time he objects not to the purchase of the C.Y.O. property, but building the garage for the simple reason of the amount of money it is going to cost to get the site prepared for the garage. The Third Street site has a lot of preparations already done, already paid for. Alderman Barber said the Board of Public Works has a plan whereby the garage be located and there will be a nice recreation area all the way around on the water front and screening the garage from the view of the inlet. Alderman Barber said in view of this he thinks of being physically irresponsible in spending a couple other $100,000 when right now if we bond this and the other bonding projects we've got to go this year the interest on $200,000 or $300,000 is going to amount, and we are going to be. paying high interest if we go to bonding which the City Controller said one time is going to amount of 90% of our total bonded indebtedness. Alderman Barber said he thinks we are just wasting money by doing this. He said he admits C that the City can buy the C.Y.O. property, but is against spending money to get the property fixed up to put the garage there and spending that money for that when it has already been spent on another site. Alderman Jones said it was the feeling of the Planning and Development Committee that it is in best long range interest of the City to try to keep as many options open on the use of its land. Alderman Jones said we have very little land to play around with. She said the C.Y.O. property is one of the alternative sites which came under discussion of the Planning ,Board. Alderman Jones said it is true that the initial costs will be higher than other sites': Alderman Jones said she thinks that^the payment of a cost in order to keep all of our options open is in the long term interest of the City. Alderman Jones said the C.Y.O. site represents an additional 7.2 acres in addition to 2 112 acres which is already owned by the City. The site has nice stands of trass, has a great deal of brush so you can have a maintenance facility on that site. Alderman Jones said one of the questions that has been raised is whether it was not in the City's interest in fact to utilize that C.Y.O. property if they ever had an opportunity because by the City's portion of that piece of land you do in fact protect the end of the golf course from other kinds of development. Alderman Jones said we have an option to -.3urchase the C.Y.O. property, which runs out on the 30th of September. Mayor-Conley said the finance director of the church has indicated to him when that option does run out they are asking the city's intentions because they do feel that they are going to put that land up for sale, they would probably not renew their option, because they want to proceed with selling that property. Alderman Jones said she thinks in terms of the land which we must have to use in relation to the BOR, we no longer need that 7 acres, but rather we need apparently somewhat less perhaps 4 acres and a smaller parcel of recreation oriented land can be substituted. Alderman Jones said she thinks the committee feels that in view of the fact that we do have the option to purchase the land, in view of the fact that in terms of that particular site the construction and maintenance department can function to the benefit of the entire community in that particular location. Alderman Meyer said she thinks the real issue is not the maintenance garage perse, but the real issue is' the policy that -the' city does make on land use and the long term economics that the land in use as a priority over short terms expediency, so what might seem appropriate now will be inappropriate some other time. Alderman Meyer said in A 1968 study which refers to this issue and does suggest that this is an important resource that we have which once we allow it to be used inappropriately will be difficult to retain. Alderman Meyer said she thinks symbolically the idea changed her mind that what was once our back yard in now our front yard, and we do not :accept our neighbor putting trash cans in our front yard. -10- September_11, 1974 Alderman Barber said he wasn't again s_t_the purchase__-of the C.Y.O. property, he was against putting the garage there. Alderman Barber said a point he is against also is that the present property on 'Third Street, when the environmental protection Council does the study of the cities of our size, we are going to have to set up tertiary sewage treatment system; and we have 7 tanks there now, and that is the only spot in his estimation that we are going to be able to put the new tertiary treatment and more tanks. Alderman Spano said he was opposed to the purchase of the C.Y.O. property, because he thinks it is too small. Alderman Spano said the area that surrounds it isn't very good and it doesn't help the looks of the city, when you stop to consider that there will be stone piles and extra equipment hanging around all day when we do have a golf course right along side of it. Alderman Spano said the golf course is on the left side and the railroad tracks on the right side and the building and this property in between. Alderman Spano said he doesn't think this is the proper place for it. Alderman Saccucci asked if both boards were recommending this land. Mayor Conley explained that they both have agreed that this is the best alternative solution to the site location; it is a better alternative than First Street to _ . the Board of Public Works it is an alternative solution to the Third Street to - the Planning Board. Alderman Jones said that whatever investment that the city has made along the inlet in terms of fill we will not have lost by having spent those dollars these land will then be passed for somebody else to use it. Alderman Slattery said we have an unknown factor on how much it is going to cost to develop the C.Y.O. property and being familiar with the terrain around the City of Ithaca most of which is swamp and has been filled in in the past he was wondering if we ran into a problem in the C.Y.O. property where we have no test borings in that area to his knowledge, if test borings prove that piling will cost more than it should, will we proceed with development no matter what the -cost? After further discussion, on the floor of the Council a roll call vote was taken which resulted as follows: AYES: 9 NAYS: 2 - Barber, Spano ABSENT: 1 - Boothroyd Carried MAINTENANCE FACILITY ARCHITECT: By Alderman Jones: seconded by Alderman Brock WHEREAS, the City is planning to erect a $1,000,000 maintenance facility, NOW THEREFORE BE IT RESOLVED, that this Common Council recommend to the Board of Public Works that an architect design and site the facility on the property. Carried 227 CLIFF STREET: By Alderman Jones: seconded by Alderman Nichols WHEREAS, the sale of the parcel of land at 227 Cliff Street has been reviewed by the Board of Public Works and the Planning Board, NOW THEREFORE BE IT RESOLVED, that the City retain at this time the parcel of City owned land at 227 Cliff Street. Carried CENTRALIZED PURCHASING DEPARTMENT: By Alderman Jones: seconded by Alderman Barber WHEREAS, an example is being set by an expensive and extensive endeavor to consolidate maintenance and construction services in the City, NOW THEREFORE BE IT RESOLVED, that the. City extend its own consolidation efforts by studying the establishment of a centralizing purchasing department, headed by a professional purchasing agent with the authority to establish and implement detailed purchasing procedures, and BE IT FURTHER RESOLVED, that this matter be referred to the Budget and Administration Committee for implementation in the 1975 Budget. Carried -11- September 11, 1974 RAYMOND A. DIP,!�SQUALE & ASSOCZ!:77-" REPORT: A.Lderman Jones-.xead the following report: PROGRESS REPORT TO COMMON COUNCIL September 11, 1974 Thru Planning and Development Committee, Anne Jones, Chairman From: R. A. DiPasquale, City Architect RE: Parking Structure Rothschild/Caldwell Project Following is a brief report of construction activities to date: 1. Progress is slightly behind schedule but the Contractor is hopeful that Phase 1 of the garage will be completed by the end of the year and ready for parking on a temporary basis. 2. All foundations and columns for Phase 1 are in. Beams are being formed and cast for the 2nd floor deck and the precast slabs are being installed. There has been some delay in reinforcing delivery which could t^ affect the overall progress. 3. Construction quality and cooperation of trades is excellent. d 4. Field meetings of all interested parties are held twice a month. 5. Parking controls are being reviewed by Bob Dingman and his staff. The original proposal by Caldwell called for the installation of minumum controls. If the city ipstalls the equipment instead of the contractor,we- c.p get better controls with no change in cost. Mr. Dingman has agreed to do this. Contractor will install all conduit required for proposed and future controls and signs. This is very desirable since we will actually be getting more for our money. 6. Change Orders: There have been two requests for change orders: One has to do with financing. It will change the Parking Facility upset figure by $13,750.00 to a new value of $2,196,818.00 The revision is due to the fact that construction did not start on the required date, so the interim financing organization required an extension fee of $27,500.00 which is being shared equally by Rothschild and the city. The other change order request was an extra for double striping for the parking spaces. The Architect showed them on their final plans but they were not proposed by Caldwell's original -design. The cost vas $1,479.00. I rejected it since I do not feel that double striping is necessary. There will be some extra costs due to foundation conditions beyond anycae's control. Contractor has not presented these for approval yet. 7. In summary, I am pleased with progress and cooperation. The usual discrepencies between the original proposal by Caldwell and the NOW final design documents as prepared by the Architects are being discussed, compromised and in most cases settled - Fast-track always has these kinds of problems. Respectfully submitted, Raymond A. DiPasquale, City Architect By-Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Budget and Administration Committee. Carried MALL PROGRESS REPORT: Mayor Conley read the following progress report: Progress Report on the Mall: Sept. 11, 1974 Accprding to Jack Ferner, Streeter Associates' foreman, work on the mall is still. proceeding on schedule. All the water and sewer connections have been made, and with the Installation of the final fire hydrant next to William's Shoes 'next week, all the underground utilities will be in place. They expect to finish work on the sidewalk vaults within the next four weeks, at which time all excavation work wj.11 be complete. -12- September 11, 1974 Above ground,__oorn9t-ruction Of the fouo..tain.. and-the planters is proceeding simultaneously with the pouringjaf-.the-pavement. They have begun pouring in front of Altman & Green and the First National Bank and will proceed outward in both. directions from each of these two locations. After completion of the replacement paving for the old sidewalks and the construction of the three-dimensional mall structures, the pavement will be poured for the central portion of the mall. As the pouring proceeds, the pedestrian walksways will be shifted around, but access will be continuously available to all mall businesses except for the day on which a store's sidewalk is poured. As of the contractor's meeting of Sept. 10, Streeter now anticipates that almost all of the concrete will be poured by mid-November, installation of the fountain should begin in about a month and be completed by the end of November, and the first trees will be in place before winter sets in. BUDGET AND AMINISTRATION COMITTEE: Alderman Gutenberger reported that the minimum starting salaries in some cases are considerably lower than what is paid by various agencies around us but our maximum salary are also higher that what is paid. The $400 will only apply to the minimum salary not the maximum salary. Controller Daley reported that a new employee with about 15 years experience wanted $5200 or a minimum of $100 a week to start, which the starting salary is $4799 and with the authorization of $400 this would do it. Controller Daley said he would like a --_ resolution authorizing him to raise all of the minimum salaries in the C.S.E.A. contract by the $400; this would make it $5199 in this particular case. Controller Daley said the minimums are low. By Alderman Saccucci: seconded by Alderman Spano RESOLVED, That the Controller be authorized to raise the minimum starting salaries within the C.S.E.A. contract by $400. AYES: 10 "" NAYS: 0 ABSTENTION: 1 - Meyer ABSENT: 1 - Boothroyd Carried OLD BUSINESS: GRAVES PROPERTY: Attorney Shapiro reported that problems have come up with buying of the Graves property and additional direction will be needed. Attorney Shapiro said they will put it in the form of a memorandum to the Budget and Administration Committee and will ask for further direction at the next Council meeting. On a motion the the meeting was adjourned at 10:55 p.m. jV :Tosep A. Rundle, City Clerk Edward J. Conley, Mayor." 5 COMMON COUNCIL PROCEEDINGS City of ITHACA, NEW YORK Regular Meeting 7:30 P.M. October 2, 1974 PRESENT: Mayor - Conley Aldermen - (12) Barber, Boothroyd, Boronkay, Brock, Dennis, Gutenberger, Jones, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: Attorney for the City - Shapiro Fire Chief - Weaver Building Commissioner - Jones Police Chief - Herson City Controller - Daley Supt. of Public Works - Dingman City Chamberlain - Wright PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked for approval of the minutes of the September 4, 1974 and September 11, 1974 meetings. Z^ By Alderman Brock: seconded by Alderman Jones RESOLVED, that the minutes of the September 4, 1974 and September 11, 1974 meetings stand approved as recorded by the City Clerk. Carried COMMUNICATIONS FROM THE MAYOR Mayor Conley read a proclamation of appreciation as follows: WHEREAS, the City of Ithaca has been faithfully served by Donald E. Gibson, both as Alderman and Civil Service Commissioner, and WHEREAS, the City of Ithaca appreciates greatly the efforts of such a devoted public servant, NOW, THEREFORE, I, Edward J. Conley, Mayor of the City of Ithaca, do hereby express the appreciation of the City of Ithaca, and all it's citizens for Mr. Gibson's work by this Proclamation. IN WITNESS WHEREOF, I hereunto set my hand and caused to be affixed the great seal of the City of Ithaca, this lst day of June, 1974. With a round of applause from the Common Council, Mayor Conley presented Mr. Gibson with the framed proclamation. Candidates for Alderman: Mayor Conley introduced Mr. Clark Hamlin as a candidate for alderman in the 7th ward and Mr. Richard Flight as 'a candidate for alderman in the third ward. SPECIAL: ORDER OF BUSINESS Zoning Ordinance: By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, that the public hearing on the Zoning Ordinance by readvertised, to be held at the next regular meeting of the Common Council, November 7, 1974 at 7:30 p.m. Carried ADDITIONS OR DELETIONS- OF THE AGENDA: City Controller, Richard Daley, Requested that a Freedom of Information Law resolution be added to the agenda. Controller Daley asked the Council to consider adopting the resolution which should have gone into effect September. l, )07/4- No objections were made. 2 Alderman Gutenberger requested that the._Planning and Environmental Re- search Consultants Agreement Resolution be deleted from the agenda. No objections were made. Alderman Jones requested permission to reword Item A-3 under Planning and Development pertaining to Hancock Street. No objections were made. PERSONS APPEARING BEFORE COUNCIL: Mr. Salvador Grippi of 423 Seneca Street addressed Common Council concerning the Noise Ordinance and the nightclub opening in the ballroom of Miller's Building. A group of residents in the area had gotten together a petition with some signatures and had requested a hearing with the Division of Alcoholic Beverage Control. The group was denied a citizens hearing about whether or not the nightclub would be able to contain it's sound level, in order not to disturb the neighborhood. Mayor Conley advised this group to appear at the November 6, 1974 Common Council meeting and speak in favor of the Council passing the Noise Ordinance. The provisions of Section 16.12 of the Code of Ordinances were read to clear misunderstandings of the existing laws pertaining to disturbing the peace and sound levels. Alderman Slattery read this Section. MORE COMMUNICATIONS FROM THE MAYOR Mayor Conley appraised Council of his trip to New York City. Mayor Conley obtained information from the meeting he attended pertaining to the Better Communities Act and Hold Harmless Clauses. Conley commented that he will turn all the materials over to Richard Daley, City Controller, and the Planning Department. Mayor Conley met with UDC on the Caldwell Project and the purpose of the meeting was to investigate ways to purchase a partially built structure. Mayor Conley Stated that the parking lot will partially be completed before the end of January 1975, and he wanted to find ways to purchase the building, use the facility and save money. There were four points discussed: 1. Schedules for opening buildings and for demolition 2. The removal of a utility pole - there was a cost of removing it and perhaps Urban Renewal has an obligation to pay the cost of a portion of it. 3. Buying a portion of the garage 4. A problem concerning UDC and Caldwell. Attorney for the City, Shapiro will meet with UDC and Bond Council to discuss purchasing a building that is not 100% complete. ATTORNEY FOR THE_CITY REPORT Attorney Shapiro reported on the opinion of the Attorney Geucral with respect to the proper method of reuoving t;he prohibition in the Charter against floridation. The Attorney General suggested that the City use one of two manners: 1. to pass a local law and submit it to referendum 2. to await a petition or petitions from the populus. Questions were raised as to the direction that should be taken by Council. The Attorney for the City suggested that the Council wait because a local law has to be laid on the table before any action can be taken. By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, that this matter be laid in the hands of the Charter and Ordin- ance Committee, for the proper local law or the proper recommendation that the populus initiate the referendum. Carried Attorney Shapiro mentioned a certain property that he was directed to purchase for a sure of $750. Alderman Gutenberger stated that the Budget and Adminl§tration Committee had met and discussed the matter of purchasing the p4q4j; of property from a private individual. Since that time it appears that Vhere is no abstract on the land and there is a question of who has a clear title on the land. _3- Budget and Administration recoamtendad that the City intended to pay $750. for a clear and unincumbered title to the property with no strings attached. The City will not pay for the abstract to be made as it is the sellers responsibility to take care of this matter. " By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, that the City intend to pay $750.00 for a clear and unincum- bered title to the said property with no strings attached, and the City will not pay for the abstract. Discussion was raised relating to the unpaid back "taxes 4nd the purpose of obtaining the land. Alderman Gutenberger stated that at that price it would be a good purchase for the land bank and future uses that the City might have in that area. It was felt that the purchase would be good for possible future use of the land for the Inlet Park. A vote was taken on the resolution which resulted as follows: Ayes - (11) Carried Nay - (1) Meyer City Controller Daley asked if Council would excuse the penalty for this years City taxes. City Chamberlain Jack Wright felt that the private �+ individual should be allowed to pay the City taxes with out penalty. C� tl By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, that the City excuse the penalty on the City taxes of said property for the year 1974 only. Carried CHARTER AND ORDINANCE COMMITTEE Amendment to-Motor Vehicle 'and `Traffic Code:'- By Alderman Slattery: seconded' by Alderman Borohkay RESOLVED,- `that Chapter 15, article 9, section 15-180 of the Motor Vehicle and Traffic Code, titled, Parking Prohibited at all times be and is hereby ameended by addition to read as follows: Stewart' Avenue westside from University Avenue south to the existing no parking zone at Dewitt Place and BE IT FURTHER RESOLVED, that this amendment take effect upon publication in the Ithaca Journal. Carried Zoning Ordinance Public Hearing The Charter and Ordinance Committee directed the City Clerk to readver- tise the public hearing on the Zoning Ordinaince' for.liovember'6,• 1974 in the'8ominon'Council Chambers at 7:30 p.m. Noise Ordinance; Alderman Slattery reported a correction to Section 68.21 of Article II of the Noise Ordinance to read Sunday through Thursday instead of Monday through Thursday. That was 'on page 68.31 By Alderman Slattery: seconded by Alderman Saccucei WHEREAS, it is the intent of this Common Council to consider adoption of a new' Noise Ordinance, Chapter 68, Article I for the City of Ithaca, which has been officially laid upon each Alderman desk and WHEREAS, there shall be consideration of resinding of the present Noise Ordinance of the City of Ithaca, Section 16-12B, NOW THEREFORE BE IT RESOLVED, that the City Clerk is hereby directed to advertise that there shall be a 'public hearing on these matters held in the Common Council Chambers on-Wedriesday, November 6, 1974, at 7:30 p.°m. Carried Attorney Shapiro had a question about the wording leading to the following resolution: Amending Resolution; By Aldor'man Slattery: seconded by Alderman Brock RESOLVED, that Subsection B. Prima facie violation of Section 68.21 be changed to read Section 68.20 and that the last word in the paragraph which is, "section",be amended to read, "chapter". Carried -4- Original Motion as Amended: By Alderman Slattery: seconded -by Alderman Nichols RESOLVED, that the original motion as amended be presented for a vote. Carried Building Code Violation_: Alderman Slattery read the following letter received from the South Bill Civic Association: Mr. Donald Slattery Chairman, Charter and Ordinance Committee City of Ithaca 410 West Court Street Ithaca, New York 14850 Dear Mr. Slattery: The South Hill Civic Association is concerned about the loopholes which presently exist in the condemnation procedures followed by the city. The concernstems from the most recent condemnation in the second ward, the property at 204 Prospect Street. Residents of the neighborhood, already troubled about property values and integrity of their neighborhood because of the construction of the "neighborhood" parking lot on the corner, now wonder how a condemned property will affect them. We ask the Charter and Ordinance Committee to tighten the condemnation procedures, especially as they regard the issuance of building permits. The Association supports a procedure in which the initial building permit is granted for three months, renewable for an additional three month period. It seems to us that six months is an adequate period in which to provide repairs and bring the building up to code. The present procedure allows the process to drag on until the building becomes a danger to residents and a detriment to the neighborhood. We also recommend and support demolition of those buildings which have not been brought up to code after the issuance of the two permits unless there is adequate proof through on-site inspection that work is in progress and there are valid reasons, e.g. materials shortages, for non-completion. We urge the office of the Building Commissioner to post those properties which are condemned and to leave the postings in view until such time as repairs are made and the building brought into compliance, a procedure already stipulated in the Code. We consider these procedures essential for the maintenance of neighborhoods and the safety of their residents. Yours truly, Ari VanTienhoven, President South Hill Civic Association 9 Hudson Place September 23, 1974 Ithaca, New york 14850 avt/ewh The Charter and Ordinance Committee had discussed this matter and the following resolution was presented to Council: By Alderman Slattery: seconded by Alderman Jones WHEREAS, provision in the City of Ithaca Building Code Section 6-16 entitled Unsafe Buildings, stipulates that the Building Commissioner shall cause to be posted at each entrance to such building, a notice, this building is unsafe and it's use and occupancy has been prohibited by the Building Dept. Such notice shall remain posted until required repairs are made or demolition is completed. It shall be unlawful for any person, firm, or corporation or their agents or servant to remove such notice witieout written perndssion of the Building Commissioner, or for any person to enter the building except for the purpose of making a required repair or of demolishing said building and WHEREAS, this section has not been enforced to the letter of the law NOW THEREFORE BE IT RESOLVED, that the Building Commissioner is hereof directed to demand a rigid compliance and enforcanent of these provis ons. Carried Municipal Code Corporation Contract Termination: By Alderman Slattery: seconded by Alderman Nichols WHEREAS, the City of Ithaca has contracted for a Code and Ordinance publication with the Geneva Municipal Consultants and Publisher, Inc. and WHEREAS, the services of the Municipal Code Corporation, Tallahassee, Florida will no longer be needed, NOW THEREFORE BE IT RESOLVED, that the City Clerk is hereby directed to notify the Municipal Code Corporation, Tallahassee, Florida that the City of Ithaca is cancelling their present contract subject to the provisions of the contract as reviewed by the Attorney for the City. Carried HUMAN SERVICES COMMITTEE Insurance: Alderman Nichols reported the committee met on September 24, 1974 and one of the things reviewed was a request for insurance that would make it possible for someone other than the Attorney for the City to represent ,^a City employees who are accused of professional errors or remission, and a report is expected at the next meeting. Alderman Nichols stated the committee had received matiy letters requesting copies of -the Afftrmative 'Action Resolution." Youth Bureau: The Youth Bureau met with the GIAC and the County Board of Representatives and is,.now studyinga proposal 'to set up a county wide youth and recreation commission. Ithaca' Housing Authority: Alderman Nichols reported that the Ithaca Housing Authorities have hired a social worker. Alderman- Barber inquired about the progress of auditing of the books of the Ithaca Housing Authority. PLANNING AND DEVELOPMENT COMMITTEE Sale oaf City Owned Property on Hapcoek Street: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that no action be taken on the sale of City owned property on Hancock Street at this time. CArried Entrance and Exits on Cascadilla Street: By Alderman- Jones: seconded by Alderman'Boronkay RESOLVED, that the Board of Public Works work on the need for exits and entrances on Cascadilla Street instead of Route 13 for Purity and Neighbors. Carried Traffic Control Signals: By"Alderman Jones: seconded by Alderman Boronkay RESOLVED,' that the Mayor discuss the hazardous situation existing at the intersection of Cascadilla and Meadow Streets with the State DOT and press for traffic control signals at said intersection and BE IT FURTHER RESOLVED, that the Board of Public Works be requested to take similar action at its next meeting. Carried There was discussion with the Mayor about Traffic Counts and the chances of meeting with DOT, which are very good. Mall Trust Account: By Alderman ,Tones: seconded by Alderman Boronkay WHEREAS, Citizen's have shown interest in contributing to the Continued growth and development of the mall and surrounding streets in the manner of contributions to Cass and 'DeWitt Parks, and WHEREAS, the power to authorize the release of said funds may change as a new method of governance is established for the mall, ;tOW THEREFORE, BE IT RESOLVED, that the power to collect and disperse funds be temporarily established as follows: A trust account be established that shall be named the Mall Trust Account for the purpose of accepting monetary contributions, whether for particular items and/or programs on the Mall or for general payments for construction of the Mall, exclusive of those annual payments made in lieu of payments made in the benefit assessment district. And that the City Chamberlain will open a bank account for this fund, and that all money received will be remitted to the Chamberlain for deposit in such account. And that control of such funds shall be in the hands of Common Council with advice and recommendations of the Mall Steering and the Budget and Administration and Planning and Development Committee of Council. Carried Urban Mass Transit Authority: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, in au application for a capital grant from the U.S. Dept. of Transportation, Urban Mass Transportation Administration for improvements to the Community Transit System of the City of Ithaca, a public hearing on the proposed project is required, NOW THEREFORE BE IT RESOLVED, that this Common Council set Wednesday, November 6, 1974 at 7:30 p.m., at 108 East Green Street, Ithaca, New York for the required public hearing for the proposed project for which the City has applied for a grant from the U.S. Department of Transpor- tation, Urban Mass Transportation Administration, and BE IT FURTHER RESOLVED, that the City Clerk be authorized to advertise said notice of a public hearing. Carried Separation of Paper: By Alderman Jones: seconded by Alderman Meyers WHEREAS, there is evidence that a system of source separation and collection of newspapers would be in the economic interest of the City of Ithaca as well as serving the cause of preserving the environment and conserving limited natural resources, and WHEREAS, further information on the alternative methods of collection and disposal are needed before the necessary legislation can be enacted by Common Council. NOW THEREFORE BE IT RESOLVED, that Common Council request the Board of Public Works to prepare for its consideration prograw alteLnartvon for collection of newspapers in the City of Ithaca including the questions of voluntary or mandatory separation public or franchised collection and disposal, BE IT FURTHER RESOLVED, that a report on these questions should be presented to Council in time for its November meeting. Carried Alderman Meyers placed on each Aldermans desk a copy of a Recycling Ordinance of Oyster Bay, New York. Alderman Jones finished with a report that the Planning and Development Committee had met with Swartout & Ferris concerning the consent arrang- ment of the use of City streets which they have. As of today the Committee has made available for the City complete copies of the routes, times,, and places which Swartout & Ferris are running buses. These will be available in the City Clerk's Office and Mr. Dougherty's office. Ek]VIRONMENTAL COMMISSION Alderman Meyers brought a little bit of the environment to each persons desk in the form of McIntosh apples. -7- Alderman Meyers reported that the next Environmental Commission meeting will be dealing with cLarifying the charge the City has given to the Commission and Robert Earl will be at the meeting. Alderman Meyers invited Council to attend the meeting if they had any interests in any aspect of the environment. The next meeting will be October 15, 1974 at 7:30 p.m. Alderman Dyer stated that the Commission had taken a vote on bottle legislation. The Commission is supporting the work on bottle legislation. Mayor Conley asked if a level had been set - City, County or Statewide. Alderman Meyers replied that the Commissions recommendation needed to be further discussed because a state-wide or National legislation could be enacted. BUDGET AND ADMINISTRATION COM11ITTEE Floral Avenue Property: Alderman Gutenberger asked to go back to the slid property on Floral Ave. that the City is planning to purchase. By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, that the motion on excusing the City tax penalty be amended with an addition to read, and receive the private individuals answer by October 16, 1974, and if the negotiations are not in agreement then the penalty interest will go into effect October 16, 1974. t^ Ayes - (11) Carried Nay - (1) Barber Transfer of Funds Resolutions: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, that $12,500 be transferred from F1990 Water Contingency to F8340-2 Service Account Building and Maintenance Supplies. Carried By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, that $1,100 be transferred from A1990 Contingency to A7110B- 419 Stewart Park Property Maintenance. Carried By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, that $6,000'be transferred from A1990 Contingency to Fire Department Training Tower Capital Project. Carried C.Y.O. Property Purchase: ------ By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, that $84,000 be transferred to A1010-407 Legislative Board- Contractual Services from the following accounts: $15,000 from AI910 Undistributed Insurance $23,000 from A1990 Contingency $46,000 from A9010 State Retirement Ayes - ((k0) Carried Nays - (2) Barber,Spano Attorney Shapiro brought to Councils attention the need for authorization of $84,000 plus closing costs. By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, that the Attorney for the City be authorized for the expenditure of $84,000 plus whatever is necessary for closing costs to effectuate the purchase of the property. Ayes - (11) Carried Nay - (1) Barber Finger Lakes Association Contract: By Alderman Gutenberger: seconded by Alderman Saccucci RESOLVED, that the Mayor is hereby authorized and directed to execute the 1975 contract with the Finger Lakes Association for an amount not to exceed $918. Carried Alderman Jones had questions as to being able to "change the text. " Alderman Boothroyd replyed that now the text couldn't be changed but next year it could and that the Planning Department was going to write the whole thing next year. -8- Contract with Trust Company: '= "f" By Alderman-,Gutenberger: sewnAed'16y-.A1de nf ones'' ' ` RF.SOLVBD-,' -tW the Mayor•'is 'hereby '•'and.d �h' G execu'te*the" 1975 contract with Tompkins County Trust Company for data processing. Alderman Boronkay inquired as to the cost. Controller Daley stated that it varied between $18,600 and $21`,006`bas64'°on 66age. Federal Revenue Sharing Funds Application: Alderman Gutenberger reported that applications for Federal Revenue Sharing Funds were available in the City Clerks"- fice: and.they are retutnaH-le%to tiie City &ntroYlers offic6"by`becember`1; 'x.974. Audit: r,.,. ,•,:. By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, that the. bills audited and approved by .the Budget and Admin- istration Committ'tbe In the total 'dmoune'iof`$16,953.78 as listed on Audit' Abstract #9-1974 be approved for payment. ?+ Carried' Alderman Boothroyd did the audit and pointed out that there were thirteen items on the audit for under $10. and that the cost for processing would cost more than the item. Alderman Bo6ff iiS''A`?g opinion: that;some` br-these items could have been done in house. OLD BUSINESS Freight Station` Demolition: Alderman Barber brought up the statement heard from the.. radio that the octopus would be delayed another year because the LeHigh Valley Freight Station may be designated as a historical landmark. Alderman Barber felt that the Council should not delay in getting the freight station %„ torn down, for reasnns that it is a fire trap and is rapidly decaying into,the ground. - Alderman Jones stated that at the last Board of Public Works meeting arrangments were being made by the Superintendent in soliciting bids for the disposing of that facility. Parking Regulations: Alderman Nichols raised a question of the legality of the Council enacting changes in the parking regulations. The Charter and Ordinance Committee was advised that that is not legal that public hearings are supposed to be held before enacting any changes. Attorney for the City, Shapiro stated that a"- public hearing was not necessary but that Ordinance changes should be published. Revenue Sharing Funds: By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, that the City Clerk be directed to advertise in the Ithaca Journal that the applications are available in the City CLerks office. Ayes - (11) Carried Nay - (1) Barber S.P.C.A. Report: Alderman Slattery recommended that the City Clerk contact the S.P.C.A. and ask them to report to the Common Council by the next Common Council meeting. NEW BUSINESS Letter on Misuse of City Equipment: Alderman Gutenberger received a letter relating to alledged misuse of City equipment. By Alderman Nichols: seconded by Alderman Boronkay RESOLVED, that this matter be referred to the Budget and Administration Committee for investigation. Carried _9_ Access to Public Records Information. Law: City Contro!7Xer, Daley asked the Council what action then ,wished to kake,. and that. the City Clerk should be designated as Official Ree**A Ksepar. Chief Weaver and Chief Herson both asked about .the fee schedule in regard to their departments. They expressed their concern that it was not high enough to cover their costs of research, etc. By Alderman Boronkay: seconded by Alderman Boothroyd RESOLVED, that this matter referred to the Charter and Ordinance Committee. Carried Petition from Fourth Street Residents: Alderman Saccucci presented a petition from the only two residents on the 300 Block of Lourth Street. The sewer pipe line doesn't seem appropriate because when there is a down pour the pipe does not handle the run off of water. It was recommended that this matter be referred to the Board of Public Works. llz' !f: OC r^� On a motion the meeting was adjourned at 9:30 p.m. J ph At Rundle, City Clerk Edward nl J. ey, May COMMON COUNCIL PROCEEDINGS City of ITHACA, NEW YORK Special Meeting 5:30 p.m. October 9, 1974 PRESENT Mayor - Conley Aldermen - (10) Barber, Boothroyd, Brock, Dennis, Gutenberger, Jones, Meyer Nichols, Slattery, Spano ABSENT Aldermen - (2) Boronkay, Saccucci OTHERS PRESENT Attorney for the City - Shapiro City Controller - Daley Ass't to the Supt. - Dougherty Fire Chief - Weaver City Clerk - Rundle tf: COMMUNICATIONS FROM THE MAYOR Mayor Conley informed Council that the City's All American Cities application was not accepted. The reason being that out of 500 applications 400 of them included pedestrian malls such as Ithacas. Mayor Conley commented that he recently appointed Elizabeth Mulholland to the Bicentennial Committee and that he had met and talked with her.31 then they talked to Albany and found out that it would be very beneficial for the City to have it's own Bicentennial Committee. By Alderman Meyers: seconded by Alderman Jones RESOLVED, that a Bicentennial Commission be formed for the City of -Ithaca. Carried ITHACA PAID FIREFIGHTERS CONTRACT AGREMIENT WITH CITY OF ITHACA Alderman Gutenberger stated that the Contract was a unanimous recommendation of the Budget and Administration Committee and has been unanimously approved by the Ithaca Paid Firefighters Association. By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, that the agreement between the City of Ithaca and the Ithaca Paid Firefighters Association, AFL-CIO, CLC effective January 1, 1975 be approved as recommended by the City's negotiator and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. City negotiator, Michael Hathaway reviewed the underlined changes in the contract, stating their main points. There was discussion on the floor by Council pertaining to the CSEA and this contract. Attorney for the City, Shapiro commented that some wording needed revision in certain sections of the contract and he stated that he would put them in writing for future negotiations. A roll call vote was taken on the resolution that resulted as follows: AYES: (10) - Jones, Dennis, Spano`, Barber, Gutenberger, Nichols, Brock, Meyer, Slattery, Boothroyd ABSENT: (2) Boronkay, Saccucci Carried The Contract was signed by: C. Michael Hathaway, Chairman City of Ithaca, George H. Apgar, Chairman Ithaca Paid Firefighters Assoc., Edward•J. � Conley, Mayor, Joseph A. Rundle', City Clerk, Bernard VanOrman, Union Secretary; Raymond M. Robinson, onion President. (A copy is attached in the minute book) -2- Q491rge Apgar, Chairman Ithaca Paid Firefighters Assoc. expressed his appre- p$4p ion for the smooth negotiations and the cooperation of everyone involved. Alderman Gutenberger commented that the City had the same sentiments as the negotiators for the Paid Firefighters Assoc. APPOINTMENT OF ALDERMAN BORONKAY TO INTERGOV'T RELATIONS COMMITTEE Mayor Conley appointed Alderman Boronkay to the Intergovernmental Relations Committee as the fourth member. PETITION FOR OPENIidG HANCOCK STREET City Clerk, Rundle read the fol-owing petition: The City of Ithaca Board of Public Works and City Planning Dept. Ithaca, New York 14850 Gentlemen: We the following owners and tenants of property located west of Meadow Street and north and south of the foot of Cascadilla Street hereby request the City of Ithaca to open Hancock Street immediately from Meadow th Casca- dilla Street to facilitate the ease of tractor-trailer traffic and other vehicular traffic using the facilities west of Meadow Street. The right angle turn west on Cascadilla Street is very slow and danger- ous for both of the above vehicles. As there is now a large warehouse com- plex and marina area, many vehicles will be using this easier access. Please consider this and arrange a meeting on your agenda for us. J. he letter was signed by a number of companies. By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, that this be referred to the Board of Public Works and the Planning Board. Carried On a motion the meeting was adjourned at 6:04 p.m. ��;fi.ra:, ✓ tit � t,� �'�,,;� .s.�:,.�' ,1=�c�� _ �se A. Rundle, City Clerk ­'Edward J Conley, May CoMmON COUNCIL PROCEEDINGS - City of ITHACA, NEW YORK Regular Meeting 7:30 p.m. November 6, 1974 PRESENT Mayor - Conley Alderman - (12) Barber Boothroyd, Boronkay, Brock, Dennis, Gutenberger, Jones, Meyer., Nichols, Saccucci, Slattery, Spano OTHERS PRESENT Attorney for the City Shapiro Fire Chief - Weaver Building Commissioner - Jones :Asst. Fire Chief - Tuckerman Asst. City Controller - Spano Police Chief - Herson Supt. of Public Works - Dingman City Clerk - Rundle PLEDGE OF ALLEGIANCE TO THE FLAG .All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. Mayor Conley asked everyone to remain standing for a moment of prayer in memory of Robert G. Grey and Richard Daley's mother who passed away. a RESOLUTION FOR ROBERT G. GREY a; By Alderman Slattery: seconded by Alderman Nichols WHEREAS, death removed from our midst, Robert G. Grey, who served as Deputy City Clerk of the City of Ithaca continuously since October 23, 1961, and WHEREAS, it is the sense of this Common Council that Deputy City Clerk, Robert G. Grey, gave unselfishly of his time and knowledge in the pursuance of his duties; and his faithful service to the City of Ithaca earned him the respect of our Community, NOW THEREFORE BE IT RESOLVED, that this Common Council wishes to convey its sympathy to the members of his family, his associates and the Community who are indebted to him for his kindness and dedication, and BE IT FURTHER RESOLVED, that in tribute to his memory, this resolution be spread upon the minutes of this meeting; and that a copy therof be trans- mitted to his family. The Mayor congradulated Alderman James Dennis and Clark Hamlin in' their victory at the poles on Tuesday. Mayor Conley asked Mr. Hamlin to sit with the Council and take part in the discussion. MINUTES Mayor Conley asked for approval of the minutes of the October 2 and October 9, 1974 meetings. By Alderman Jones; seconded by Alderman Barber RESOLVED, that the minutes of October 2, and October 9, 1974 stand approved as recorded by the City Clerk. Carried ESPECIAL ORDER OF BUSINESS Public Hearin - Adoption of Zoning Ordinance: By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that the public hearing be opened. Carried AlAorman Slattery reviewed some changes and definitions in the Ordinance. No persons appeared before the Council. By Alderman Barber: seconded by Alderman Jones RESOLVED, that the public hearing be closed. Carried By Alderman Slattery: seconded by Alderman Jones BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, iV -2- New York as follows: Section 1. ENACTMENT OF ZONING REGULATIONS-AS CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE. That a new Chapter to be known and designated as Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code shall be added to and be a part of the general ordinances of the City of Ithaca to read as follows: (Copy ATTACHED) Section 2. REPEAL OF PRIOR INCONSISTENT ORDINANCES. That the Zoning Ordinance of the City of Ithaca, New York enacted February Maw 6, 1974 and effective April 22, 1974 and all amendments thereto and all prior inconsistent ordinances heretofore enacted by the Common Council are hereby repealed. Section 3. UNCONSTITUTIONALITY OR ILLEGALITY. If any clause, sentence, paragraph, word, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder therof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part therof directly involved in the controversy in which such judgment shall have been rendered. Section 4. EFFECTIVE DATE. Subsequent to approval by the Common Council and the Mayor; This ordinance shall take effect 10 days after publication and posting as required by the Ithaca City Charter. Carried Public Hearing - Adoption of Noise Ordinance: By Alderman Slattery: seconded by Alderman Jones RESOLVED, that the public hearing be opened. Carried Dominic.. Vers age of 107 Brandon Place, President of the Musicians Union, appeared before the Council and read the following letter: November 4, 1974 Mr. Anthony F. Spano 414 Utica St. Ithaca, NY 14850 Dear Mr. Spano: .As the representative of more than 500 Musicians, I wish to express our opposition to the proposed "City of Ithaca Noise Ordinance". Not only does it affect the working musician of Ithaca but it potentially could affect 350,000 musicians in the U.S., Canada and Puerto Rico as many musicians travel to this area to give performances - some on a regular basis. The proposed ordinance has the potential of eliminating all outdoor performances such as "Concerts in The Park", Senior Cititens parties (Titus Towers, Reconstruction Home, Oak Hill Manor, Meadow House, Ithacare) and wedding parties, to name a few. It could affect commercial establish- ments by preventing owners from hiring the services of musicians to aid in promotions. This does not refer only to restaurant owners but to any merchant using the services of musicians for advertising and/or promotion. The proposed ordinance not only potentially eliminates the above stated performances but could effectually terminate re lvarsals which a musician needs to maintain a good proficiency. Musicians depend on music for employment. Ithaca can little afford further unemployment. With respect to the Document itself, it is lelt to be vague, ambiguous, restrictive and open to selective enforcement. It seems to be a step backwards and not with the times. It could be compared with the "Blue C J- -3- Laws" which have come under attack recently. It seems that for the most part the language is directed to musicians. We are disturbed by the fact that the authors of this proposal are specific- ally confusing music with noise. In most segments of society, music is considered an art form. In fact, money is spent by Federal and State Governmental Agencies to the Performing Arts -- MUSIC. There have been no clarifications as to the meaning or intent of the terms of the proposal. There has been no forum for input from affected segments of the city. It would seem that all the "bugs" should be worked out of proposed legislation before taking Council's time for discussion. Local 132 is disturbed that its' Officials were not consulted when this proposal was in the formulating stages. Our absence is conspicuous. Local 132 is best equipped to deal with musicians. If there are problems or complaints regarding a musician's conduct during a performance Local 132 should be informed of same, so as to take proper action. We are of the opinion that laws currently in existence - namely the "disturbing the peace" provisions set forth in the city code, is adequate to deal with .this issue and we urge you to vote against the proposed "Chapter 68" to the City Code. Thank you for your cooperation in this matter. Respectfully yours, Lbminic A. Versage, President Mr. Versage thanked the Council. Neil Alling appeared before the Council and commented as follows: Now, God gave the musician certain talent, they intend to use this talent. Once in a while the devil comes in to play, char may be why this thing started. We can't afford to have Chapter 68 go through. To his knowledge, over the years over $200,000 has been put into this community, fresh money. No other labor group can make this claim, in Ithaca or any place else. The funds come in through the musicians performance trust fund, it doesn't cost Ithaca a dime with one exception. This year their budget is a little over $15,000, to be spent in their geographical territory, which is Tompkins County, with the exception of the City of Groton, Schuyler County, with a piece of that county taken away, but the majority of that $200,000 over the 20 years that he is familiar with was spent right in Ithaca. If the ordinance goes through those funds will stop. He stated, this is a two- way street, they can take this m mey and go to Schuyler County. If they do that they are going to have a lot of Ithaca people mad at them. In the letter Dominic read, it is factual. He pointed out one incident, the residents of Oak Hill Manor and that is R-1 City of Ithaca, in the summer they like to have an outdoor party, salads, sandwiches, and beer. The bands play on the front porch, if its good weather they play on the lawn. These are not rockous bands, they arc pure decent efforts to ° entertain these adults, would not meet the restrictions. set forth in this Noise Ordinance proposal. Alderman Slattery pointed out that the Ordinance would only be enacted if they are disturbing the peace. Neil Alling went on to say, they can't run that risk. Just because the majority say cool it only takes one to get a hold of this, call Jimmy Person. If it bothers their sensitiveness, that's what it says, they can' t afford this. It was stated if it is beyond a certain decibal level only. Mr. .Alling further stated, that this is a fact, it is relative, there is politics in the ordinance, however, a whisper at five feet is 20 decibals. Ile understands how this is. written, where our tolerances begin and where -4- they end, the russle of leaves is 10 decibals, the grinding n>>sician, 15 decibals. P1r. Alling asked who was familiar with the group that broke the color barrier years ago, they are all live members of our local. They have played together over 22 years it is on the books. They ran the New York State Conference of Musicians, in 24 hours they spent $4,600 in Ithaca, that's what the local payed. The Sheriff was called, "This band is disturbing us", the Sheriff came to the Conference. ?Ir. Alling took; him to the lobby, got him a cup of coffee and told him he'd like him to hear this band. They went out, the Sheriff asked where the trouble was coming from. He said you are looking at them. Five minutes later another Sheriff came in then a State Trooper came in. The name of the band is the Mello Tones, no amplifiers, playing outdoors because it was a gorgeous August day. It is evident that this is shooting at a Bob Mogg and his invention the rock musician, that 's not fair even if you win and defeat the rock musician this thing will bring all musicians down together. Mr. Alling asked is there some way this could be aborted, tabled, or killed? It is not fair to the musician. Mr. Alling thanked the Council. Charles Gratzianna of 202 1/2 E. Tompkins, the business agent for the musicians union, Local 132, Ithaca, appeared before the Council and stated that he Just wanted to echo what President Versage said and Neil Alling. Mr. Gratzianna said; I want to emphasize, in this room, that there is not one person in this room that has more sensitive ears than .I has. He has what is called almost absolute pitch. If any of you Navy men served on the ships you know what noise is and he has done some time in the Merchant Fleet and his bunk was on C-deck right above the propellers. They had propellers that they called "screws", each one weighed 35 tons and they had four of them with a cruising speed on that ship of about 35 to 40 knots and when they left the water and came dow.m as the ship pitched you heard noise and it still didn't bother his ears. He Just wanted to emphasize that the music they play around here is not considered noise it is music, further more we have an ordinance in the book repeating what Dom Versage said about noise and public disturbances, so he is partly against this proposal to a noise ordinance. Mr. Gratzianna thanked the Council. try Henry Givray, President of Cornell Intrefaternity Council addrestied the Council. He represents 45 social units, housing units of Cornell University namely 45 faternities, and he felt it would be appropriate to read a few passages he wrote to the Cornell Daily Sun: As the newly proposed City Ordinance regulating and limiting noise pollution, a few moments of reflection will expose some gross inconsistancies. Ostensibly it is directed at curbing noise pollution, yet consider the following situation: Suppose one faternity hires a live band to play at it's party and the band plays past midnight. Since the band is playing for commercial purposes the proposed ordinance would dictate that the faternity be fined accordingly. Mr. Givray was corrected by Alderman Slattery that that is only if they are disturbing the peace. Mr. Givray further stated that it would appear that under these circumstances the ordinance accomplish. its purpose of regulating and limiting noise pollution. Suppose, However, that Willard Strai ht Hall decided to hold an outside party with live entertainment only this time the band agreed to play free of charge with the agreement that the proceeds will go to charity.' Since the proposed ordinance specifically (this is incorrect) , limited commercial enterprises (this is the way it was written in the Cornell Daily Sun, that it was limited if it was non-commercial purposes the ordinance would not effeet it), the ordinance in this case would not be applicable inspite of the fact the-outdoor party caused more noise pollution than any typical faternity party in any given weedend. Paradoxically under the proposed ordinance noise pollution is some how effected by the commercial- ness of the source. To allow the ordinance for curbing noise pollution in this manner is to place loral before phantom. It is obvious that this proposed ordinance is directly against its own amplification of live bands typically employed at faternity parties. Yet if this ordinance is passed it will take under its fold any employer of such equipment including a thirsty bear, Willard Straight Hall, noise center Student Union, and any dorm- itory thinking of throwing a party, indeed anybody who might play their stereo beyond a certain volume past midnight. In the final analysis'if anybody is disturbed under any individual circumstance the answer lies in disturbing the peace ordinance which the City of Ithaca peacefully and wisely enacted years ago. The ordinance under present consideration with it's obvious bias, is only a bandaid soluti-on to disturbances,resulting from excess noise. It would eliminate disturbances resulting from isolated abuses by limiting live entertainment across the board. Surely it would .burn the house to roast the pig. Mr. Givray said that he has played in a band and their band was measured at 110 decibals. Amplifying the rest of the gentlemans'opinions on this thatthe Cornell University Faternity Social System and representing mostly dormitories and student unions very much protest this. Mr. Givray thanked the Council. Beth Vann of 407 E. Seneca Street appeared before the Council to speak. Mrs. Vann said that she had read the noise ordinance and would be very much disturbed if, she felt that it did hurt our musicians because she's sure they are all for music, however, she can express another view point. ..� Since we are near enough to a building where music has been played so O loudly that they had been awakened again and again at night, and late ?: at night, also on occasion when they have had overnight guests and it has been so loud, and she's sure it has only been from the amplification. Mrs. Vann felt that if it were kept within the building it would be alright or if it were played without as much amplification. There have been times that even with her husband.watching a sporting event it penetrated the house. Mrs. Vann remarked that they rent apartments and they have been very fortunate in having people who have been quiet and considerate and that's the kind of people they want to keep there. This is another view point but she thinks that our homes should not be invaded by very loud noise even when it's music. Mayor Conley asked if in the ordinance there was any wording about the residential areas or where this is applicable? Alderman Slattery explained the background leading up to the proposed ordinance. Alderman Slattery further stated that the only mention of music is in radio, television and similar devices. Neil Alling asked Alderman Slattery how the proposed ordinance slipped through the screening department where Monday, Tuesday, Wednesday, Thursday, after 10:00 p.m. your in trouble, our County liquor laws are one. Mr. Alling stated that there is not a bar in the County that closes at 10:00 p.m. Alderman Slattery stated that music can be played 24 hours a day if pre- ferred as long as it does not create a disturbance. Mr. Alling stated that he means that after a given period in time a reading can be taken at the nearest property line, your in violation. Alderman Slattery read the purpose of the ordinance spelled out in the second ,paragraph of the ordinance. Alderman Barber asked the people that spoke against the ordinance what sections would they like to see changed? Mr. Alling commented that the days, hours, and decibal readings were unfair. Mr. Gratzianna pointed out disapproval of Section 68.33 having to do with filing a registration statement with the police by the user of sound amplifying equipment 21 days prior to the date that the equipment is to be used. Mr. Gratzianna commented that to many musicians that is an impos- sibility because they could be called on two or three days notice. Alderman Boothroyd.stated that that was relating to equipment mounted on a motor vehicle. Mr. Gratzianna felt he could not see where it said that. He read numlier �3 ,.o -6- which stated /°the license and motor number if a sound truck is to be used". Mayor Conley explained that the Council is not trying to hurt the musicians, faternities, or parties only trying to establish definitions and regulations that the police and community can live by. Alderman Slattery felt that the Council should adopt the ordinance that has been done, and the Council will if necessary revise the ordinance at a future date. Mr. Givray commented that they are more concerned with the typical faternity weekend of which there is seven during the fall and three during spring where there is various live entertainment. When you start saying a constant decibal reading you run into trouble because who's to say if five decibals is equitable or how do you measure it? How can you send a person out with a decibal reader every time and what about squealing , of tires, or if it's an emergency? Alderman Slattery felt that the first reasonable measure to take would be to have the police ask the party to keep their noise down. If the noise continues then the police could come back with a noise level recorder and measure then. By Alderman Brock: seconded by Alderman Jones RESOLVED, that the public hearing be closed. Carried By Alderman Slattery: seconded by Alderman Gutenberger v AN ORDINANCE ADDING CHAPTER 68 ENTITLED "NOISE" TO THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That a new Chapter to be known and designated as Chapter 68 VOW entitled "Noise" is hereby added to the City of Uth aca Municipal Code to read as follows: CHAPTER 68 NOISE Article I General Provisions 68.1 Title This Chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." 48.2 Purpose ,Vw-.4yurpose of this Chapter is to prevent the making, creation or malutenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are a detriment to public health, peace, welfare, or good order. ((ontinue to end of new Chapter) Section 2. This ordinance shall take effect ten (10) days afm publica- tion of a notice setting forth the title and a brief description hereof or immediately as provided by Section 133 of the Town Law as amended by Chapter 100 of the City of Ithaca Municipal Code. (See Forms lA through 1D for appropriate authenicating procedure.) Alderman Meyer felt that the Council had received added information at this time and that there should be an open meeting of Council with inter- ested persons. By Alderman Meyer: seconded by Alderman Saccucci "" '' RESOLVED, that the motion be tabled. Ayes - (8) Motion Tabled Nays - (4) Boothroyd, Brock Gutenberger, Slattery By Alderman Meyer: seconded by Alderman Barber RESOLVED, that the Charter and Ordinance Committee have an open meeting -7 with persons who the ordinance is going to effect, between now- and the December meeting. Carried Public Hearing - Application for Urban Mass Transit Trans. : V By Alderman Jones: seconded by Alderman Barber RESOLVED, that the public hearing be opened. Carried No persons appeared before Council. By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, that the public hearing be closed. Carried By Alderman Jones: seconded by Alderman Spano WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U. S. Department of Transportation in C accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder: NOW THEREFORE, BE IT RESOLVED, by Common Council of the City of Ithaca, New York 1. That the Mayor is authorized to execute and file an application on behalf of the City of Ithaca with the U. S. Department of, Transportation, to aid in the financing of the purchase of 3, 45-passenger buses and one specialized vehicle for the elderly; design and purchase of a system of bus graphics, design and construction of four large heated bus shelters for downtown; purchase of smaller pre-fabricated bus shelters for other bus stops in the City; and construction of a new bus maintenance and . storage facility. 2. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the 'Civil Rights Act of 1964. 3. That the Planning Director, is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. CERTIFICATE The undersigned duly qualified and acting City Clerk of the City of Ithaca, certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the Common Council of the City of Ithaca held on November 6, 1974. Alderman Jones explained that the application could be turned in before the funds of 5% from the City of Ithaca and 15% from the State of New York are appropriated. Alderman Jones pointed that the City must establish a capital project for the total amount of $448,000, because and it must be there. so that the City can bid on those buses and signs, and protective shelters according to our bidding procedures, therefore that total amount will have to appear in the 1975 budget. Alderman Jones stated that all the Council is doing tonight is talking altout filing the application which will establish the project�in the 1975 budget. Alderman Gutenberger commented that the previous amount was $28,000 and that it would be hard to appropriate $400,000 in next years budget, and C would require additional. discussion. Asst. Controller Spano explained to Council how the amount could be put on the 1974 budget, and he stated that the amounts didn't have to be paid over until 1975. Spano commented that it has been the Federal policy in the past to reimburse the funds after they have been spent. Alderman Barber stated that after talking with Mr. Dougherty he found out that there are spots in the routes that the 45 passenger buses could not operate. Asst. Controller Spano informed Mr. VanCort that the D.O.T. had to be notified before anything could be done with a bus that was funded by the State. By Alderman. Jones: seconded by Alderman Barber RESOLVED, that the motion be tabled until the next Common Council meeting. Carried ADDITIONS TO THE AGENDA Alderman Jones Commented that under Planning and Development Committee letter c. was two resolutions not one as was written. Alderman Gutenberger stated that the audit needed to be added to the Budget and Administration Committees list. No objections were made. COMMUNICATIONS 1974 S.P.C.A. Shelter Report: City Cletk Rundle read the following report: 1974 Shelter Report January 1974 - Sgptember 1974 Dogs handled at shelter: surrendered by owners 970 county strays 638 city strays 271 Total dogs to shelter 1879 Dogs adopted to new homes 367 Dogs claimed by owners 258 Dogs euthanized and disposed of 1254 euthanasia rate 67% average dog housed for 5 days Total dog days 9395days Cats handled at shelter: total cats to shelter 1320 cats adopted to new homes 262 euthanasia rate 80% Complaints answered: County 828 City 721 Total 1549 phone calU to shelter 8222 By A dopx sn Jones: aggonded by Alderman Barber 4ESOLVSD, that this rep t, be referred to the Human Services Committee. Y4 •a•X Carried Alderm felt that the f ,' tcl.-not state whether or not the igoney a Xmation dated them each ye P4g put to good use. She wanted further' on how the works and if their operations are proper. -9 , City Legislativ^ Guides: City Clerk Rundle read the following letter: City Clerk City Building City of Ithaca Ithaca, NewYork 14850 Dear Sir: Under separate cover you will be receiving City Legislative Guides. Would you please give them to the members of your Common Council? Theme have been produced in connection with our legislative training course which some of the members may or may' not have taken. The cost of publish- ing these guides was covered by a grant of the U. S. Department of Civil Service and Cornell University administered through the New York State Office for Local Government. These guides were designed to assist city legislators, but should not in any way be considered a substitute for the Corporation Counsel; he alone is fully aware of the laws affecting cities and qualified to interpret these laws. They are intended only to give legislators a general idea of their powers and duties in various subject areas. These guides do not include the laws passed in the 1974 legislative session and are presently being revised and updated. When Othis is done you will receive copies. We would appreciate any suggestions or remarks relative to these guides which might improve their use to city legislators. r�=» Yours truly, Clark Hamlin Director The guide was placed on each Alderman desk for review. Ithaca Landmarks Preservation Commission: City Clerk Rundle Read the following letter: November 4, 1974 Common Council, City of Ithaca City Hall Ithaca, New York 'Att: Mr. Donald Slattery, Chairman Charter & Ordinances Committee Dear Mr. Slattery: At its October meeting, this Commission considered a proposal to amend the Landmarks Ordinance to allow a person other than the City Planning Director to serve as Secretary to the Commission. The Commission felt that this would be desirable as a realistic approach to furnishing the needed assistance while giving the Planning Director latitude to allocate his time and resources as he feels most appropriate. It would also regularize the present situation. On motion by Mr. Jacobs, seconded by Mrs. Sisler and passed unanimously, the Commission requests that Sec. 2-34b of the Ithaca City Code be re- vised as follows: Between "the planning officer" and "shall serve . .." insert " or his designee." Very truly yours, Raymond V. Hemming Chairman By Alderman Slattery: -seconded by Alderman Spano RESOLVED, that this matter be referred to the Charter & Ordinance Committee. Carried Ceracche Television Corporation Rate Increase: City Clerk Rundle read the following letter: November 6, 1974 Hon. Edward J. Conley Mayor City of Ithaca -10- Re: Ceracche Television Corporation Dear Mayor Conley: On behalf of the Ceracche Television Corporation, I respectfully submit herewith an application for an increase in the cable television rates of the City of Ithaca necessitated by a substantial increase in operating expenses since 1971 when an increase was last granted to the company. Would you be kind enough to refer this application to the Charter & Ordinance Committee for its consideration at its next regular meeting. A prompt consideration of this application by the Charter & Ordinance Committee and by the Common Council would be deeply appreciated. Respectfully, Walter J. Wiggins By Alderman Gutenberger> seconded by Alderman Slattery RESOLVED, that this matter be referred to the Charter & Ordinance Committee. Carried COMMUNICATIO14S FROM THE MAYOR Appointment: Mayor Conley reappointed Elester Cunningham to serve on the Ithaca Housing; Authority Board, a term to expire October 17, 1979. Ithaca Commons Progress Report: Mayor Conley reported that the steel is being erected for the Rothschilds building. Mayor Conley further commented that the garage could be ready for partial occupancy at the end of January and the City Uo uld save $105,000 in construction finances, however, the City would have to bond for the purchase of the 'garage. One of the benefits would be to use 50% of the garage for City parking. The Mall is on schedule. . By contract, the Contractor for the Mall is due to leave the 15th of pow November and not return until possibly March, but there is a possibility that the Contractor will ask the City to stay on and finish the job. 4p ATTORNEY FOR THE CITY REPORT City vs Salisbury: Attorney Shapiro reported on the lawsuit of the City vs Salisbury, that he settled the suit for $22,500 which should be coming into the City in the near future. Attorney Shapiro said he had the Mayor execute a general release. The release, releases the insurers of any and all liabilities, claims, etc. arising out of the accident in question. By Alderman Boronkay: seconded by Alderman Jones RESOLVED, that the ratification of the execution of the general release be approved. Carried RHP Article 78 Proceeding: Attorney Shapiro reported that this had to do with the parking lot on Prospect and Aurora. Filing of the briefs have to bo 49ne and this will take a couple of months. The judge will then make his decision in around two to three months from now. The Common Council recessed for 5 minutes at 9:00 p.m. The Common Council reconveded at 9:05 p.m. CHARTER AND ORDINANCE COMMITTEE Local Law Number 5 Change: Amendments to Article III Section 3.8 of City Charter A Local Law amending Section 3.8 of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Al -11- Section 1. Article III Section 3.7 of the Ithaca City Charter enacted by Chapter 503 of the laws of 1908 and as last amended by Local Law No. 6 Section 1, 1965 and as renumbered by Local Law No. 1, 1974 as Article III Section 3.8 is hereby amended to read as follows: Sec. 3.8. GENERAL LEGISLATIVE POWERS The legislative power of the city is vested in the common council, and it has power to enact and enforce any ordinance or resolution, not re- pugnant to the constitution or laws of this state, for any local purpose pertaining to the government of the city and the management of its business, the protection of the business and property interests of its citizens, the preservation of order, peace and health, and the safety and welfare of the city and the inhabitants hereof, and it shall also have such powers of legislation, by ordinance or resolution, as are conferred upon it by this Charter or any other provision of law affecting the city not incon- sistent with this Charter, except such as are specially conferred by this Charter upon any separate department or board of the city government. It shall have the management and control of the finances, and of all the property, real and personal, belonging to the city, except as otherwise provided by this Charter or by any other provision of law not inconsistent therewith. The powers conferred by this section are not limited by the C\1 enumerated powers in the following section. Section 2. This local law deletes "except that it shall not enact or :L: enforce any local law or ordinance or resolution for any purpose pertain- in gin any manner to the flouridation of the water under the control of the city or of the water department of the city government." Section 3. This local law shall take effect upon its being duly filed in the office of the Secretary of State subject to the provisions of the Municipal Home Rule Law. Local Law Number 6 Change: Amendments to Article V Section 5.13- of City Charter. A Local Law amending Section 5.13 of the Ithaca City Charter. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Article V Section 5-17 of the Ithaca City Charter enacted by Chapter 503 of the Laws of 1908 and as last amended by Local Law number 6 Sec. 2 and as renumbered by Local Law number 1, 1974 as Article V Section 5.13 is hereby amended to read as follows: Sec. 5-13. SCOPE OF AUTHORITY OF BOARD OF PUBLIC WORKS. The board of public works shall take charge and, subject to the limita- tions herein contained, have control, subject to the direction and review of common council, of the following departments of the city government, of the property belonging thereto, and of the appropriations made therefor: 1. Water 2. Sewers and drains 3. Streets and sidewalks 4. Creeks and bridges 5. Street lighting 6. Parks 7. Cemeteries 8. Garbage 9. Public buildings and property, but not buildings or property for use of the fire department. 1Q. Such other departments as may be assigned to the board under the provisions of Sec. 5.38 of this Charter. Section 2. This local law deletes "except that it shall not in any manner flouridate the water under the control of the water department of the city government." Section 3. This local law shall take effect upon its being duly filed in the office of the Secretary of .State subject to the provisions of the Municipal Home Rule Law. J -12- By Alderman Slattery: seconded by Alderman Saccueci RESOLVED, that the above mentioned.Local Law- changes be officially laid on the table until the first regular meeting in January 1975 of the Common Council. Carried Access to Public Records: Alderman Slattery reported that the City clerk will give a report at the December meeting pertaining to thit matter. Alderman Slattery reported that the matter of interim regulations relating to access to public records had been referred to the City Clerk who has contacted the various departments and there will be a report on this at the December meeting. Motor Vehicle and Traffic Code Amendments: By Alderman Slattery: seconded by Alderman Boronkay BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, N. Y. as follows: 1. a) In section 15-124 (alternatvide all night street parking pro- hibited - schedule B "all night parking") "Hillview Place, south side, Turner Place to Aurora Street" is hereby repealed. b) In section 15-182 (Parking prohibited during certain hours on certain streets - Two hour parking) "Hillview Place, south side, from Turner Place to Aurora Street 8 a.m. to 4 p.m." is hereby repealed. 2. a) Section 15-180 (Parking prohibited at all times on certain streets) is hereby amended to read "Hillview Place, south side, from Aurora Street to a point 150' east of Turner Place" and "Hillview Place, north side, Aurora Street to South Hill Terrace." b) Section 15-124 (alternate side all night street parking prohibited) schedule B "all night parking" is hereby amended to read: Hillview Place, south side, from Turner Place to a point 150' east. c) Section 15-182 (Parking prohibited during certain hours on certain streets) Two Hour Parking is hereby amended to read: Hillview Place, south side, from Turner Place to a point 150' east, 8a.m. to 4 p.m. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in section 3.11 (B) of the Ithaca City Charter. Carried An Act in Relation to the City Court of the City of Ithaca, its Judges and Officers: Alderman Slattery reported that special act was passed last year by Common Council and was not passed on to the State Legislature for ratification. By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, that this law be sent to the State Legislature for ratification. Carried H121AN SERVICES CO141ITTEE Human Services Coalition Coordinator: bdderman Nichols reported that the Human Services Committee wanted to study the matter on Human Services coalition coordinator salary more closely. No action was taken on this matter at the meeting. Youth Bureau - Big Brother, Big Sister Program: Alderman Nichols reported to Council that the Youth Bureau would be coming tj Council with the request to use $3,800 out of their budget for the Big Brother, Big Sister' program. They will be totally reimbursed by the N.Y.S. Aivision for Youth. Bicycle Safety and Licensing: 41derman Nichols further reported that the School District had asked to have the Bicycle Safety and Licensing program expanded to the Junior Highs and the Schools outside the City. -13- PLANNING AND DEVELOPMENT CUMMITTEE Fountain Place - Historic District: By Alderman Jones: seconded by Alderman Boronkay WHEREAS, the Ithaca Landmarks Commission has held a public hearing on the designation of Fountain Place, and WHEREAS, Planning had made a recommendation to Council, and WHEREAS, the Planning Board has recommended the designation of Fountain Place as a historic district, NOW BE IT RESOLVED, that this Common Council designate Fountain Place as a historic district. Carried Public Meeting of 701 Project: Alderman Jones reported that the third meeting of the public with Mr. Dickinson will be held in the Common Council Chambers on the, 12th of November at 8:00 p.m. Alderman Jones also reported that on November 25, 1974 at 8:00 p.m. the q Planning and Development Committee will meet with Mr. Dipasquale, the O City Architect for the Green Street Ramp Project, to discuss certain change orders. Mall Governance: V By Alderman Jones: seconded by Alderman Barber RESOLVED, that a Commons Advisory Board be established 1) to set guide lines for the Ithaca Commons on the following matters and others: appropriate commons activities aesthetic and preservation considerations regarding new construction and improvements to the commons itself to the commons secondary district, which includes all blocks in the tax benefit district level of maintenance and replacement for daily activities, care of plantings, trash dis- posal, etc. for special activities (e.g. outdoor dining, sidewalk sales) vehicular circulation and deliveries commons contributions 2) to make recommendations on: maintenance of order improvements tq' facades of commons buildings BE IT FURTHER RESOLVED, that the Commons Advisory Board shall consist of 9 voting members composed of representatives from the following groups: 1 Common Council member, 1 Commissioner of Public Works, 1 member of the Area Beautification Council, 4 persons representing the various interests in the tax benefit district and 2 members at large drawn from outside the tax benefit district. Board members will be appointed by the Mayor with Common Council approval for staggered 2-year terms. The Board will also include as ex-officio members the Supt. of Public Works; the Planning Director the Commons Administrator, the Building Commissioner, and a representative of the Ithaca Landmarks Preservation Commission. AND BE IT FURTHER RESOLVED, that those within the tax benefit district shall be responsible for; 1) scheduling and close supervision of commons activities which are not a direct responsibility. of other City departments. 2) advertising and promotion for the commons. and that these functions may be performed by a Commons Administrator who will be hired and paid for by those within but not limited to the tax benefit district. Alderman Jones explained to Council the difference in the recommendation to the Planning Board and the recommendation to Council at this meeting. -14- They felt that there needed to be better representation then what was originally recommended. The number of advisory board members have not been increased. Alderman Jones reported that the people in the It1mve Commons area are anxious to know how it is going to be run. Alderman Meyer asked for suggestions on how to enlarge upon the scheduling and close supervision of commons activities. Attorney Shapiro raised questions as to some wording in the resolution. A vote was taken on the resolution resulting as follows: Ayes - (11) Plays - (1) Nichols Naming Ithaca Commons: Carried By Alderman Jones: seconded by Alderman Gutenberger RESOLVED, that the 100 and 200 east blocks of State Street and the 100 north block of Tioga shall be known as the Ithaca Commons. Carried By Alderman Jones: seconded by Alderman Gutenberger RESOLVED, that this resolution be referred to the Board of Public Works. Carried Discussion was held pertaining to the renaming and renumbering of the mentioned streets. Request for Tin Can Space: Alderman Jones reported on a request for space by Dr. Sturgis at the Tin Can. By Alderman Jones: seconded by Alderman Brock RESOLVED, that the request for space in the Tin Can be referred to a joint meeting of Human S:rvices committee and Planning and Development Committee. Carried ENVIRONMENTAL COMMISSION No report. BUDGET AND ADM1NiSTRAIlUtd COMMITTEE Career Retirement Plan for Employogs: By Alderman Gutenberger: seconded by Alticrman Roothroyd BE IT RESOLVED, that the Common Council of the City of Ithaca, New York, does hereby elect to provide the Career Retirement Plan of Section 375-g of the Retirement and Social Security Law as presently or hereafter amended, for employees of participating employers, and BE IT FURTHER RESOLVED, that this election shall become effective with the payroll period beginning on the 4th day of November, 1974. Carried By Alderman Gutenberger: seconded byyAlderman Slattery BE IT RESOLVED, that the Common Council of the City of Ithaca, New York does hereby elect to provide the benefits of Section 375-1 of the Retire- ment 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 4th day of November, 1974. Carried Historic Clinton House Refund and Tax Correction: By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, that Tax Map Number 10-7-1-3, 116 N. Cayuga Street, charged to Historic Clinton House, Inc. was erroneously assessed at land - $39,700, total $92,850, and WHEREAS, the same should have been assessed at land - $39,700, total $88,850 as the recommended by the Director of Assessments. RESOLVED, that this correction be made on the tax roll and the City ✓�"-_mil C, -15• Chamberlain be authorized and directed to refund $72.00 to Historic Clinton House, Inc. Carried Workmen's Compensation Coverage for Non-salaried City Help: By Alderman Gutenberger: seconded by Alderman Boothroyd WHEREAS, the present City of Ithaca Workmen' Compensation policy does not provide benefits for individuals who are non-salaried, but who provide service to the City, and WHEREAS, the City of?.-Ithaca wishes to provide statutory Workmens' Compen- sation for such individuals, NOW, THEREFORE, BE IT RESOLVED, that the City of Ithaca ask its insurance carrier to provide, by endorsement or rider to its present policy, stat- utory Workmens' Compensation coverage for members of the following enum- erated organizations, boards, committees, councils, commissions and groups: 1. Board of Public Works 2. Planning Board 3. Police Commissioners 4. Housing Board of Review 5. Board of Zoning Appeals 6. Board of Appeals on Building Code W 7. Youth Bureau Advisory Council 8. Civil Service Commission 9. Fire Commissioners 10. Examining Board of Electrician 11. Examining Board of Plumbers Carried Appointments: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, that Joyce Day be appointed to the position of Principal Account Clerk at an annual salary of $7,080; that her appointment be provisional and become effective November 4, 1974; and that the Civil Service Commission be requested to hold an examination for the position. Carried By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, that Suzanne Bordoni be permanently appointed to the position of Senior Account Clerk at an annual salary of $6,101 and that her appoint- ment become effective November 4, 1974. Carried By Alderman Gutenberger: seconded by Alderman "Saeeucci RESOLVED, that Marna McNeal be permanently appointed to the position of Senior Account Clerk at an annual salary of $7,348 and that her appointment become effective November 4, 1974. Carried By Alderman Cutenberger: seconded by Alderman Slattery RESOLVED, that Molly Beardsley be appointed to the position of Senior Clerk at an annual salary of $5,461 and that her appointment be provisional and become effective November 4, 1974; and that the Civil Service Com9rasion be requested to hold an examination for the position. Carried Expungmen_t_of Accounts Receivables: By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, that Accounts Receivables in the total amount of $1,782.33, BE AND HEREBY IS EXPUNGED in accordance with the following schedule as recommended by the City Controller: Bill No. Date Name A1AO%Mt 627 12/6/71 U. of Cincinnati $ 6.00 (1) 648 1/29/72 Richard J. Schultz 58.09 (2) 666 3/3172 Maria A. Agresti 118.60 (2) 674 4/25/72 Helen A. Grimm 83.96 (2) 684 6/14/72 Mary Ann Awad_ 30.09 (1) 700 11/1/72 Sectional Structures, Inc. 99.00 (4) 707 12/12/72 Beverly Piowatt 207.37 (2) 709 12/12/72 Mary G. Marshall 3.59 (1) 714 2/13/73 Lacko Glaziers, Inc. 16.63 (1) 724 4/2/73 Daisy S. Schramm 1,139.00 (3) 751 8/8/73 U.S.F. & G. Co. ,7.00 (1) 736 8/22/73 Stanley J. Klein 2.00 (1) -16- Bill No. Date flame _Amount 770 10/10/73 Louise Liebnerr $ 20.00 (1) TOTAL $1,786.33 There was a question of- the reason for one amount. Carrie4 Employee Union Contract; Alderman Gutenberger reported that his committee met and unanimously approved the contract between the City negotiators and the Executive Union. Alderman Gutenberger requested the Mayor to call a special Cocoon Council meeting to be called next week at 5:00 p.m. to vote on the Contract. Demolition of Lehi galley Railroad Freight Shed: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, that $4,200 be transferred from A1990 Contingencies to A1490- 407 Public Works Administration for the demolition of the Lehigh Valley Railraod Freight Shed. Ayes - (IQ) " , Nays 6- �2, Jones, Meyer Carried The Mayor reported that the Landmarks Commission met on this matter and also the Historic Ithaca met with him and Alderman Jones. They asked that the funds not be allocated and that the Freight Shed not be demolished. mr. VanCort stated that if Council moved to demolish the shed there may be an attempt to hold up funding for Cass Park or for Rt. 96 and possibly risk an injuction but if the shed is not demolished Rt. 96 may be further delayed. Alderman Jones recommended that a resolution in the form of a letter be sent to the State Division of Historical Preservation indicating that the City never designated the shed as a historic landmark. DiceuRSion was further held pertaining to the State buying the land ahe freight station is now on. Audit: By_Alderman. Gutenbgr.ger: seconded by Alderman Slattery , RE&_Q&6.,,"��at bills audited and approved by the Budget and Administration Committee in the total amount of $26,220.34 audit abstract no. 10 for 1914 be approved. Carried OLD BUSINESS Alderman Meyer asked about a request regarding information from the Depart- ment of Public Works regarding newspapers. "N&JUSINESS Uan Renewal Age_ Dismantling: Alderman Jones inquired regarding the possibility of securing a financial statement on the Agency, now that it is being closed down. The Mayor replied that there were some cases that needed to be solved before a report is made up. Attorney for the City Mr. Shapiro commented on some of the legal problems involved regarding the Agency. Conway Park Traffic: Alderman Saccucci felt that the traffic around the park needed to be better controlled with a caution sign. :.. This matter was referred to the Board of Public Works. Property Exemption for the Elderly: Alderman Boothroyd recommended that a review be made of the existing property exemption limit because of the inflationary economy. w17_ Alderman Slattery felt that if the County ralsec tszeir level of exemptift then it would help people in the lower income bracket. Alderman Slattery reported that 'this matter is before the Charter and Ordinance Committee and they will have a report to Council in the future. On a motion the meeting was adjourned at 10:30 p.m. WIN,C ff 1 � J'seph A. Rundle, City Clerk Edward J. C e , mayer W r� y _ / COMMON COUNCIL PROCEEDINGS City pf ITHACA, BEW YORK Special Meeting 5:00 p.m. November 131Y 1974 PRESENT Mayor - Conley Aldermen - (11) Barber, Boothroyd, Brock, Dennis, Gutenberger, Jones, Meyer, Nichols, Saccucci, Slattery, Spano ABSENT Alderman - (1) Bononkey OTHERS PRESEN r: Attorney for the City - Shapiro City Controller - Daley Planning Director - VanCort Asst. to the Supt. of Public Works - Dougherty City Clerk - Rundle COMMUNICATIONS FROM THE MAYOR (Z^ C: Mayor Conley asked Council to waiver the 24 hour written notice of an official Common Council meeting, to consider the agreement between the City of Ithaca, and the City Executive Association. There were no objections from Council. The Mayor explained the reasons for calling this special meeting. Alderman Gutenberger had requested the Mayor to call a special meeting to consider the City Executive Association contract. Mayor Conley said he originally planned the meeting to be unofficial. Council took a few minutes to go over the contract to be voted on. Appointment to the Environmental Commission: The Mayor appointed David Bechhofer of 36 Cornell Street to replace Timothy Rsy, who resigned, his term to expire December 31, 1976. By Alderman Nichols: seconded by Alderman Dennis RESOLVED, that the Mayors appointment of David Bechhofer to the Environ- mental Commission be approved. Carried Executive Contract: Mr. Mike Hathaway reviewed the new provisions in the contract. Mr. Hathaway stated that the pay scale was recomputed from the old Ganim salary plan. Alderman Meyer asked what the criteria was for the salary differences of certain Jobs. Mr. Hathaway replied that they kept the difference between one job and another the same as they had been before in the Ganim salary plan. Alderman Saccucci asked what the purpose was of exempting the Controller, Superintendent and Fire Chief. The Mayor replied that they are chief department heads, top level manage- ment and it was felt that they should not be unionized. Alderman Barber questioned the part of the contract regarding written notice for arbitrate ion. Further discussion took place regarding vacation accumulation and locked in pay allowances. Alderman Gutenberger commented that the contract was a unanimous recommenda- tion of the Budget and Administration Committee. By Alderman .Gutenberger: seconded by Alderman Dennis RESOLVED, that the agreement between the City of Ithaca and the City Executive Association, effective January 1, 1975, be approved as recommended by the City's Negotiator and that the Mayor and City Clerk be authorized and directed to sigm and execute the contract on behalf of the City under its corporate seal. Unanimously Carried The contract was signed by the representatives present. A copy of the contract is attached to the minute book. . On a motion the meeting was adjourned at 5:25 p.m. J#sephIA. Rundle, City Clerk Edward J. nley, May 1 AGREEMENT BETWEEN CITY OF ITHACA AND CITY EXECUTIVE ASSOCIATION Effective January 1, 1975 THIS AGREEMENT, made and entered into at'Ithaca, New York by and between the City of Ithaca, a municipal corporation, as municipal employer, hereinafter referred to as 'City' , and the City Executive Association as representatives of employees of the executive level of the City of Ithaca, and hereinafter referred to as 'Union' . WITNESSETH: WHEREAS, bothof the parties to this Agreement are desirous of reaching an amicable understanding with respect to the employer-employee relationship which exists between them and to enter into a complete agreement covering rates of pay, hours of work and conditions of employment; and WHEREAS, the parties do hereby acknowledge that this Agreement is the result of the unlimited right and opportunity afforded to each of the parties to make any and all demands and proposals with respect to the subject of rates to pay, hours of work and conditions of employment and incidental matters respecting thereto; and WHEREAS, it is intended that the following Agreement shall be an implementation of the provisions of Article 14 of the New York State Civil Service Law consistent with that Legislative authority which devclves upon the Employee Relations Committee of the City of, Ithaca, the statutes of, insofar as applicable, the rules and regulations relating to or promulgated by the Common Council of the City of Ithaca, and uniformity of compensation provided for under the direction of the Common Council; and WHEREAS, it is intended by the provisions of the Agreement that there is no abrogation of the duties, obligations, or responsibilities of any agency or department of city government which is now expressly provided for respectively by: State Statutes, Charter Ordinances, Ordinances of the City of Ithaca except as expressly limited herein. PART I A. Consideration. The consideration for the execution of this binding Agreement is the covenants mutually expressed herein and arrived at by the parties hereto. B. Conditions and Duration of Agreement. This Agreement shall remain in full force and effect comi-,encing on the first (1st) day of January, nineteen hundred and seventy five (1975) and terminating on the thirty-first (31st) day of December, nineteen hundred and seventy six (1976) . In accordance with this provision and the intent of the parties , the Employer Negotiating Committee, as soon as possible, agrees to recommend the financial terms of this Agreement to the Common Council of the City of Ithaca. C. Negotiations. Either party to this Agreement may select for itself such negotiator or negotiators for purposes of carrying on conferences and negotiations -page 2- under the provisions of Article 14 of the New York State Civil Service Law, as such party may determine. No consent from either party shall be required in order to name such negotiators or negotiator. D. Timetable. Conferences and negotiations shall be carried on by the parties hereto in 1976 as follows: _Step 1 Submission of the Union's demands to the City of Ithaca by July 1, 1976. Step 2 Submission of the City's answer by end of July 1976. Step 3 Negotiations to begin as soon as possible by both parties. Adherence to such timetable shall be effectuated as to its chronological order, as closely as may be practical under the circumstances which attend at the time such negotiations are undertaken. E. ` Ordinances and resolution references. Schedule 'A' attached hereto and made part of this Agreement, with the same force and effect as though more fully set forth, for purposes of convenience and information contains a list and summarization of ordinances, resolutions and other provisions which relate to wages, hours and conditions of employment. ' PART II A. Recognition. City recognizes Union as the sole negotiating agent and representative for and on behalf of the employees ,of=.:the•--lthaeaYF- re--Department, with the exception of the Fire Chief, Police Chief, Superintendent of Public Works, and Comptroller. Union recognizes its responsibility to cooperate with the City to assure maximum service at minimum cost to the public consonant with its obligations to the employees it represents. B. Management Rights. (1) Union recognizes the prerogative of City to operate and manage its affairs in all respects in accordance with its responsibilities, and the powers or authority which City has not officially abridged, delegated or modified by this Agreement are retained by the City. The rights retained by the City shall include, but are not limited to, the right to direct employees, to hire, promote, transfer, and discipline subject to law and this agreement. The City also retains the right to reevaluate job descriptions and to mane appropriate changes in the duties and compensation of positions so reevaluated during the term of this agreement. (2) It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the employee. C. Grievance Procedure. (1) In accordance with the cooperative spirit with which this Agreement is made between the Union and the City, is the sense of fairness and justice brought by the parties to the adjudication of employee grievances. Should an employee feel that his rights or privileges under this Agreement have been violated, he shall consult with his Union representative. The aggrieved employee and his Union representative shall within 5 days of the date the Grievance occurred, present the facts to the employee's Department Head. ;, ithin 5 days thereafter the Department Bead shall submit his answer to the Union representative and the aggrieved employee. -page 3- (2) Should the Union decide that the reply of the Department Head is un- satisfactory, the Union shall within 5 days submit the facts of the grievance, in writing, to the Common Council or the appropriate Board. The Grievance Hearing may be conducted by one member of the appropriate Committee of the Common Council or Board, but the final report must be supported by a majority of the Committee or Board members. If either party is dissatisfied with the decision of the Committee, the unsettled issue may be referred by either party to be resolved through arbitration. Written notice for arbitration shall be served within ten (10) days of the decision. (3) Arbitration. Any dispute or grievance arising out of or relating to this Agreement may be submitted to arbitration by a committee of three chosen; one byithe Union, one by the appropriate committee or Board, and the third by the other two. The City and the Union agree that the recommendations of the arbitration shall be final and binding. SCHEDULE A A. Compensation. (1) The parties agree that the wages paid to the employee covered by this agreement shall be based on the "Executive Compensation Schedule" attached hereto. (2) The salaries beginning January 1, 1975 shall be determined by placing the employee on the attached schedule at the same step (I through IX) the employee was at under the Ganim Salary Structure. Those employees not at the maximum pay for his job title shall move to the next step on the Executive Compensation Schedule (a nominal 4% increment) . (3) The salaries beginning January 1, 1976 shall be determined by increasing the minimum salary for each job title by 4% or by 75% of the cost of living index (National Consumer Price Index, B.L.S. , November 1974 through November 1975) , whichever is greater. All other salaries shall be determined by recomputing the Executive Compensation Schedule. In addition, each employee not at maximum salary shall be moved one 4% (nominal) increment on the compensation schedule. (4) No Assistant Fire Chief presently emploved shall receive less com- pensation than one newly promoted, nor shall any Assistant Fire Chief receive a smaller salary than any Fire Lieutenant. Those promoted to Assistant Chief shall receive a minimum salary increase of 411. and shall move to that step on the com- pensation schedule, or to the next highest step in the event a 4% increase falls between steps. B. Clothing Allowance for Employees in the Fire Department: There shall be a clothing allowance per year per man as follows: 1975 1976 Asst. Chiefs and Deputy Chief $120 $130 The clothing allowance shall be used to purchase all required clothes and gear that the Fire Department Rules and Regulations now in existence require. Also, any item mutually agreed upon by the Fire Chief and the Union except turrolit coat and rubber goods may be purchased with this clothing allo:.,ance. the bloc fatigue uniform required shall be the uniform worn to and from work and during -page 4- work, with the exception of a few special occasions when the dress uniform will be worn. The city agrees to allow the transfer of the unused portion of clothing allowance from the account of Members who do not wish to use their entire allotment to new members upon completion of their probationary period. All transfers of funds shall be binding upon completion of release and request forms and subject to the approval of representatives of the Fire Chief and the Union. C. Mileage Reimbursement Employees who are required to use their cars in the conduct of official City business shall be reimbursed at the rate of 15(,, per mile for 'In-City Driving' , and at the irate of 12(,, per mile for all other mileage. 'In-City Driving' shall include travel ;within established Water Districts for Water Meter Readers. D. ' Retirement Th'lCity shall provide membership in the New York State Employees' Retire- e ment System with benefits as described in the "Improved Non-contributory Plan" (Section 75 I) except for members of the Fire Department who shall receive retirement benefits under provisions of the "Non-contributory, Section 384-d" of the New York State Fire and Police Retirement System. E. Vacation Annual Vacation leave shall be granted as follows: 2 weeks after one year of service 3 weeks after five years of service One extra day after completion of the 10th, 12th, 14th, 16th and 18th years for a maximum four weeks annual leave shall accumulate on the anniversary date of employment. F. Health Insurance Health Insurance consisting of Blue Cross, Blue Shield, Major Medical kno,.-n as the "Statewide Plan" for the employee and his dependents shall be paid for by the City at the annual rate of $483.18 (family) or $186.06 (individual) . The City agrees to pay all increases in cost of such coverage during the term of this agreement. G. Holidays Holiday leave shall be as follows: January 1, Lincoln's Birthday, Washinton's Birthday, Memorial Day, Indepen- dence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, Christmas. H. Sick Leave Sick leave accumulated at the rate of one day per month shall be granted with administration as detailed in City Charter Section 8-15 (2) , (3) and (4) . There shall be unlimited accumulation of sick leave. Upon an employee's retirement, unused sick leave computed at his current regular rate of pay shall be applied to the payment of extended health and accident insurance coverage. However, such credit shall not exceed $4,000.00 -page 5- IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PEPMIT ITS IMPLEMENTATION BY AMENDMENT OF I..-1W OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SFLILL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. Agreement by Negotiators: Mi� LpAi Z r111111 Chairman, City of Ithaca Chairman, City Executive Association CITY OF ITHACA Maor ATTEST: R-111-� �t City Clerk A TEST: CITY EXECUTIVE ASSOCIATION L/ Q ' _ i Union e� etary Union President V !n N• N "-; rt l/t rt N N rt .J N rr rt F••• •� K rt N N N rt N r-.. V. n �j r+ t 1 r+ r+ '� `C rt n n r r+ c) G w .- t - .• Cn v. t 7 C) (n cn C) O n O 'i C", S rt C+ K K S C 7 rt N• ^1 (D I✓• M• H. N O rt V`, n N• r• K O [� .'= to 'i ,'.: O n n (; rh F rt �j (7 r+ <. rt n N• O r• (� r+ O C1 ( rt O O O K K C/1 O rtl O < O In �-' r+ () n (h N A r+ rY 10 K K O O O ri hJ M < N• to O O Fl- C% GIN Ql W A W W N N N N �-... ►-+ �-.+ G (D W U7 fa .a W N N N tJ N IJ r+ u (f X +� V Q L: CD G G O N N N 1 C) f n co CA W W m W W Co Cc CA :A 1 W W = ! Ul Cn C% CON C% Cn Ul C1 CT (:7, C- C�, C\ rt ~' C7 O CT VJ Ul .A W W N N N N �-+ ►•+ F-+ (/; t C7 ►•+ F•••• t'J N W L :-. 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ROCEEDINGS CITY OF ITHACA* NEW YORK Regular Meeting 7:30 p.m. December 4, PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Brock, Dennis, Gutenberger, Jones, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT: Controller - Daley Police Chief - Herson Building Commissioner - Jones Supt. of Public Works - Dingman Attorney for the City - Shapiro Fire Chief - Weaver Ass't. to Sup't. of Public Works - Dougherty City Clerk - Rundle PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES: Mayor Conley asked for approval of the minutes of the November 6 and November 13, 1974 meetings. By Alderman Boothroyd: seconded by Alderman Saccucci RESOLVED, That the minutes of the November 6 and November 13, 1974 meetings be approved as recorded by the City Clerk. * Carried CC ln-ADDITIONS TO THE AGENDA =Alderman Jones requested that in the Planning & Development Agenda the Transit Resolution be amended in terms of dollars because the figures-.have gone up since they last met. Alderman Jones°also requested that a resolution concerning the Southside ,Unter, Property be substituted for the recommendation. No objections were made. Alderman Slattery asked that an amendment to the Landmarks Preservation Ordinance be added to the Charter & Ordinance Committee's Agenda. �io objections were made. Alderman Gutenberge'r requested that resolutions be added to the Budget & Administration Committee's Agenda. No objections were made. COMMUNICATIONS LETTER FROM WALTER J. SCHWAN: City Clerk Rundle read the following letter: Mr. Joseph Rundle, City Clerk Ithaca, New York: Dear Mr. Rundle: The Town of Ithaca has purchased the Security Mutual Building at 126 East Seneca Street for a Town,Hall. . We expect toy complete the transaction of title transfer' no 'later than April 1, 1975. According to the terms of our lease with the City of Ithaca we are required to give the City four month's notice-of- our intent to terminate the lease. The intent of this letter is to notify the City that we will be vacating the premises at 108 East Green Street on March 30, 1975. Security Mutual is building new offices on Triphammer Road. `The building is on schedule and they expect to be in-their new quarters`by April'l, 1975: However; if'a•foul up should occur we would like the City's permission�to continue renting our present quarters on a monthly basis after April 1, 1975. Sincerely, Walter J. Schwan, Supervisor Town of ;Ithaca _ c _2_ December 4, 1974 By Alderman Boronkay: seconded by Alderman Boothroyd RESOLVED, That this letter be referred to the Board of Public Works. Carried LETTER FROM PLANNING BOARD: City Clerk Rundle read the following letter for informational purposes: TO: Board of Public Works Common Council FROM:Planning Board SUBJ:Plain Street and Monroe Street Bridges DATE:November 15, 1974 On referral from the Board of Public Works, the Planning Department did a preliminary investigation of the need for the Plain Street and Monroe Street bridges to serve ' vehicles, pedestrians, or utilities. Based on this investigation the General Plan & Capital Improvements Committee recommended the following which was approved by the Board at its October 22, 1974 meeting: 1) That the Plain Street and Monroe Street Bridges should be retained for pedestrian and utility crossings both for their role as neighborhood connectors and their recreation potential 2) That efforts should be made to develop the bridges for recreation, relating this development to the adjoining or nearby parks and the creeks which the bridges cross. 3) That New York State Electric & Gas should be asked to pay their equitable share of rehabilitation or reconstruction of the crossings, and that the possibility of using Federal or State subsidies for development of the bridges and their creeks and parks should be investigated. 4) That the Plain Street Bridge has the higher priority of the two bridges, because of its greater importance to the residents of the surrounding neighborhoods. No action was taken. LETTER FROM PLANNING BOARD: City Clerk Rundle read the following letter for informational purposes: TO: Board of Public Works Common Council FROM: Planning Board SUBJ: Petition for Opening Hancock Street DATE: November 15, 1974 Regarding the petition for opening of Hancock Street read at the October 9, 1974, meeting of the Common Council, the Planning Board, at its last Regular meeting on October 22, 1974, moved acceptance of the following recommendation made by its General Plan & Capital Improvements Committee: 1) The Committee reiterates its recommendation of September 25, 1974, that it finds no reason for the city's retaining ownership of the street. It further finds that opening the street could have the effect of fragmenting an already haphazard land use pattern in the area and of exacerbating instead of correcting the area's circulation problems. 2) The Committee further recommends that the following steps be taken to improve the area's circulation: a) That truck turning movements between Meadow and Cascadilla Streets be facilitated by investigating the possibility of improving curb radii at the appropriate corners. b) That efforts be made to convince New York State Department of Transportation , of the necessity of installing a traffic control signal at the intersection of Meadow and Cascadilla Streets. c) That the hazard created by cars entering and exiting the commercial properties on the west side of Meadow Street north of Cascadilla Street be eliminated by providing an entrance and exit to these properties from Cascadilla Street. Nc action was taken. r -37 December 4, 1974 LETTER FROM ITIiACA,- VIL 59 VICE COMMTSSIgg: City Clerk Rundle read the following ]Netter: TO: Joseph Rundle, City Clerk FROM: Ithaca Civil Setvice Commission DATE: November 12, 19,74 Please add the following item to the agenda for the next Common Council meeting: RESOLVED, That the rate of pay for the Secretary of the Civil Service Commission be c4anged in accordance with the responsibility of the position to the rate of $4.00 per hour, effective at once. Attest: 11/12/74 Truman K. Potters James L. Gibbs Jack K. Kiely By Alderman Nichols: seconded by Alderman Booth"yd RESOLVED, That this letter be referred to the Budget & Administration Committee. Ctl Carried In-PERSONS APPEARING BEFORE THE COUNCIL MRS. BETTY 0. MUKA: Mrs. Muka said that she resides in the Town of Ithaca not the City but the affairs of the City do influence her life. Mrs. Muka presented a petition to the Mayor and Common Council in hopes that they will conduct an investigation into the operation of the City Court of the City of Ithaca. Mrs. Muka said her petition stated that City Judge, James Clynes', Acting City Judge, William -Barrett,' and the City Prosecutor Robert Hines have knowingly and purposefully and intentionally hindered the prosecution of felony offenders in the City. Mrs. Muka said that this has happened more than one tithe, and it has happened to her repeatedly. She said that this is including misdemeanors also'. Mrs. Muka said she has gotten felony and misdemeanor complaints and information in the City Court and she has also filed them with the District Attorney. Mrs. Muka said `in all instances I there has not been any warrants, summons, or notices of appearance; there has not been a single arraignment. Mrs. Muka said she has filed criminal charges against' these city officials for official misconduct and other violations of their official duties constituting felonies, including protecting known perjurers. She said they are also protecting felony offenders in the Police Department and also covering up of the fact that the Chief of Police and the Commissioners of the Police are also involved in hindering the prosecution' of these white collar brimes. Mrs. Muka requested that the Common Council conduct an investigation and afte their investigation they consider asking these three persons to resign from office on t e grobnds that they are unfit to hold a position in public trust. Mayor Conley advised Council that the judiciary system in the City of Ithaca does not come under Common Council; that the judge is elected by the people in the City and it comes under the judicial branch of government. Mayor Conley said any comments directed to our Court. system should be directed to the Governor or the Attorney General's Office. Mrs. Muka also spoke on Mayor Conley's comments about depriving the Pyramid Mall of water. Mrs. 'M6ka-`said' that when we were trying to establish the Greatar. Ithaca Area that all kinds of mutual confidence and trust are very important. Mrs. Muka felt that Common Council and the Mayor should give it second thoughts when they try to use former cooperation to hurt people that are involved in this Greater` Ithaca Area. Mrs. Muka said that in her opinion the statements made by Mayor Conley indicate an intent to violate the Penal Law. She felt that this is the wrong way for governments to treat each other. RUTH SHAW:, As President of the Downtown Businesswomen's Association, Ms. Shaw gave the following peech: As President of the Downtown Business Women's Association, `I wish to take this' occasion to express to you the organization's beliefs and `convictions'concerning the proposed Pyramid Mall. We are against it at the present time. I would be less' than frank if I did not admit' that` bur attitude represents the vested interests of the membership and seems to fly in the face of our national and time—honored principle'of' free' competition in an open market. 'C, ,.? -4- December 4, 1974 That is an overly simplistic i,n -arpretation and-does no-t-take.into account the possible misuses 'of free competition. Economic history has amply shown us that monopolies, overgrowth and ruinously large inventories can result--if, somewhere, along the line, curbs. . .either in the form of governmental regulation or simple common sense hasn't been brought into play to deter these abuses. As beneficial as free competition is, in most instances, there is such a thing as over competitiveness. . .a condition where there is just so much of a market to draw from and too many drawing from it. ..to the ultimate detriment of all. At this time, and in an awareness of the current markets, it is our considered opinion that the Pyramid Mall would represent just such a dog-eat-dog confrontation. Price wars—and let us not be lulled into thinking they will not come about—are an inevitable consequence. Surely, if this does happen, who benefits? Somebody, somewhere must go under—and the consumer? In the end, he's back where he started. . .perhaps a step or two farther back. We have great faith in the growth of this community--and as that growth continues, the purchasing ability and potential of the community will call for more sources from which to buy. That time is not now. We heartily endorse Mayor Ed Conley's use of the water problem as a deterent to the Pyramid Mall. It is not a sword over their heads; rather it is a common sense approach to a very realistic and vitally urgent step in this community's hopes for expansion. Lets take first things first. There appears to be at this time a sufficiency of selling sources to match the buying potential of the community. With 'The Commons' nearing completion, it will not be long before we will know the extent to which more sources may or may not serve it. . .adequately, fully and to everybody's satisfaction. ELAINE TREMAN DOWNING: As a member of the Downtown Businesswomen's Association Ms. Downing supports everything that Ruth Shaw and Mayor Conley have said regarding the Pyramid Mall. MR. THERON JOHNSON: Mr. Johnson spoke against the Mayor's plan to hire a new Building Commissioner. He felt that it would cost the tax payers more money. Mr. Johnson felt Mr. Jones, Building Commissioner, has been very fair with all sides involved. Mr. Johnson also felt that more improvement has been made in housing during his administration than others. Mr. Johnson proposed that Edison Jones remain in his job to keep cost down and to keep progress that has already been started continuing. COMMUNICATIONS FROM THE MAYOR TOWN OF LANSING WATER CONTRACT: Mayor Conley said he has given this matter a tremendous amount of thought ever since we first heard that Penny's and compounded when we heard Montgomery Wards would be leaving downtown Ithaca. Mayor Conley said that back in the 1950's a report was developed in 1959 which was called the Greater Urban Area plan; it was kind of a master plan of the Greater Ithaca area. Mayor Conley said this plan was developed with joint cooperation of the Village of Cayuga Heights, the Town of Ithaca, the Town of Lansing and the City of Ithaca. They set up a Regional Planning Board that in depth looked at the growth patterns and the desirability of growth in the area and looked at many different items and they drew some basic conclusions. Mayor Conley said this is the Ithaca Urban plan developed; that plan essentially calls for Ithaca to be the commercial core the center of the city. Mayor Conley said that the outlying areas they made provisions for neighborhood shopping centers to serve the needs of people in the outlying neighborhoods; they made provisions for housing, industrial growth at the airport,'- they called for neighborhood shopping centers scattered throughout the Ithaca area and made provisions for housing through the years. The Mayor said this was a situation where the City of Ithaca participated in this and evidently agreed with its findings and from those findings developed further plans. Mayor Conley commented that the City has a whole list of different plans that the City went into; economic plans, land use plans, housing plans, neighborhood analysis in trying to develop what was best for the City. The Mayor remarked as an outgrowth of these plans which were an outgrowth of that plan they developed the Urban Renewal application. This speaks to the needs of Ithaca to rejuvenate; it speaks to the needs of having Ithaca be a commercial core of the community; it speaks to things like the fact that the City of Ithaca 62% of the property in the City is off the tax roll, 38% of the property in the City is operating our governments; it speaks to the fact that the City of Ithaca needs a strong economic base to survive and offer services to the people. The Mayor said the City has through the years have offered the services that the City has provided to any outside municipality. Mayor Conley said Ithaca applied for and got a grant from Urban Renewal that what nine -5- December 4, 19 ��- million dollars with the federal funds to Ithaca. to._rejuveaate a central business district. We applied for state funds, the state portion of that fund which was nearly a million dollars that we spent in our central business district. The Mayor said the City's share was also a million dollars which we used in non-cash credits or improvements; we provided sewer services off from South Hill and sewer services and everything else the supporting projects that made the central business district work; the city expenditures went that way. The Mayor said recently that this Common Council working together we came in and encouraged the taxpayers of the City of Ithaca to support us in building two new parking structures because we needed parking. It was conducive to attract merchants to develop in our central business district. Mayor Conley commented they were talking about building a pedestrian mall; they asked for the merchants support; they asked the merchants to enter into a tax benefit district so that they could provide the money to build a mall. The City worked with them and is paying a portion of it and they are holding the tax benefit district and they will be paying the City back through the year. Mayor Conley said in the past three years we worked very hard with Mr. Rothschild and Mr. Caldwell to develop this project, after many other projects came and went by the Board. Mayor Conley commented that they went through all the problems, they went through all the public hearings, made all the necessary provisions and got this project, and they got the final documents last May. The Mayor said about a week or two weeks before they signed that document was the first time they heard of Pyramid. The Mayor said they felt at that time that spurred them up to get those documents signed that spurred up their activity to `develop the downtown pedestrian mall and as late as last spring when many of the community ;Z that thought they should hold off for a year and see what happens, this Council all tr together objected to it and wanted to get Ithaca moving and if they wait a year it might =be too late, and they did. The Mayor said during this year during the construction period and the bringing all of their projects and things they have worked so hard together on they got the announcement that Penney's and Montgomery Wards is leaving this community. Mayor Conley said they are monsterous and very powerful companies and when they go up to a regional shopping center the dumbell effect that that produces 330,000 to 350,000 square feet that they are talking about building of additional retail space, we have tryed to upgrade the retailing in the central business district and everybody in the Greater Ithaca area has known exactly what we have done and they know what we have been doing because we have been doing it in all public sessions. The Mayor said when they heard that they were losing Penney's immediately they got together and talked about what provisions they could do with the better communities act monies; could we make a bigger store here. The Mayor said they have put themselves in a situation where because of this competition from Pyramid that has a double anchor and most of these studies call for the fact that the City should have two department stores. Mayor Conley thought that they all felt all along that that second department store they were counting on Penney's and Montgomery Wards to provide that function. He said that now we find out that their national policies are to go into regional shopping centers, we find out that their new movement of moving out of communities, they set up a situation where we are . forced into using our better communities act monies, which we have basically committed to housing rehabilitation to try to build a bigger mouse trap. The Mayor said we are caught up . it; what do we do; start tearing down buildings and make bigger provisions xhp the make; we make Ithaca more attractive that they can make their communities? Hp- it was just madnesss that we keep moving in this direction over building retail that is not in the best interest of anybody, because if it is not rented, they won't pay their taxes and when they don't pay their taxes we've got urban blight and we have seen evidence of it here; we've got a threat that even one our merchants may be closing up. The Mayor said many of them have been going to the Conference of Mayors and have been hearing problems that other cities have; we haven't faced those problems because we haven't had the threat of losing our tenants. Mayor Conley said he called the X ayor of Lockport and Urban Renewal funds 52 million dollars they spent to set the central business district of Lockport; they have 52 acres and they have taken down 95% of 52 acres in their central business district with federal funds, state funds and their own city funds; they worked out a water & sewer plant to serve all the neighboring municipalities. The Mayor said they are selling their urban renewal land for one or two dollars a square foot. The outside municipalities have their land for five thousand dollars an acre and they have built three regional shopping centers. The Mayor said Sear's in downtown Lockport built 90,000 square foot building four years ago and vacated this spring, and went into a regional shopping center. Mayor Conley commented that Lockport is dieing and they don't know what they are going to be able to do. Mayor Conley said he called the Mayor of Plattsburg. Plattsburg is a city like Ithaca; it has an air force base and they have a state college there; a lot of their land is off the tax rolls. Plattsburg1 has an urban renewal project, they have applied for federal funds, state funds and spending their municipal monies; they are trying to make provisions for traffic circulation and Pyramid is right now building a mall there with Penney's on one end, Montgomery Wards on the other end and their only department store in the middle. Mayor Conley said Plattsburg is dead; they have no idea how they are going to rejuvenate that community at this time. The Mayor said these communities across this country have -b•. Decenbesr 4, 1974 spent federal dallars, state -tax idallars. Mayor -Conlep`�sai�L�his Cau�+►el1 has spent six million dollars in the past three-yeats.;..,amoes million dollars for tills wall egad are going to spend close to a million dollars for traffic circulation pattern of ti dag lights, taking out parking, improving Intersection to make dOmtOwu ems:WOciae to good traffic m "meat. the Mayor said we 'Moue made Provisions for good parking; made So" provisions for pedestrian access and avetyisoO bmis exactly what was do ankh all of a sud+bne we are throstoned to Use all of three t%inpe that we have created by a regional shopping c4aaeter. Mayor Conley asked Council that wee are selected by the people in the City of Ithaca; everyone last year who ran for re-election all the iaca dmate move re-olectod. 7ha Mayor said they were re-elected besrmse the people in the CAty'of Ithaca think they were as the right track and they were doing the right thing. Now we are in a situation whose city water and the city taxpayers have developed acrd we have bow Willing to share with outside municipalities; I* feat there was a fight in Council s year or so ago whether or not tbey were going to spard out anovgh vater from 400 living tomtits outside the City. Mayor Conley said they agreed to sand Mater in a bulk rate after' that to the Town of Leasing trying to help out knowing that they were going to try to building Molten Polat; all the tine cooperating with the dwreloopmot of hloltom Point. The Wyor said they sat a wateor-ewer e:omemittee that is Working Out ass iatsvwA icipai coopeution agsyeepmeat to bave a one sewer district in the Greater Itaca area with our perticipatioti, using out facilities, using our trunk lines and everything else. Mayor Conley said there is a study =d#rway that they initiated and asked Professor Mayburg to do a transportation Study of not only the Greater Ithaca area but Tompkins County. Maayor Conley said how can our system participate in to being a swsber of the Greater community. fihe Mayor said we have dwrt IOW youths i recreation facilities and program and are %seed by eewprybody in the Greater Itbsoa area; that is istergovaern aatal cooperation at its highest#$ we have done it and bevo been doing it. Mayor Conley said all we ask is if we are Wag to support our tax based on COX of the tams of land in the City of Ithaca, if we are trying to be econa do based we expect cooperation from our neighbors. Mayor Conley said he though they should be sensitive to our problems and not just comae is here in a meeting we had with.therm sad tell us that it is a free enterprise system; the one who builds the biggest is goiRg to win. The Mayor said if we have to partiolpaate that with our water+than we have Produced and have been good enough to send out there he doesn't know how we can do it. The Mayor felt that we should indicate to all the outside municipalities that we stand ready to work with theca at ant tins on developing of regional water authority using out system and their system with one operation, one mainteeetdesce service, 'one building systems, something that vou14 really serve the people in the Greater Ithaca area. The !mayor said we stand ready to negotiate on a Greater Ithaca sewer service, t:ransportatioa service, and youth and recreation. The Mayor felt that this situation right now and Asybe we should proposes that we have a heater Ithaca area regional planning board and have an update of an economic Pt*Jection for this &reed; something that errs would we as a► guide for future developments like we have is the past. The Myer said the free enterprise system is net pitching-Serch,ants against mafthasts any snore; they auto pitching Sm rnameato against O"aroments and we are in a diffloult position, because the City of Ithaca is pitched against the Town of hsnsiasag and some of us want to be In that position. 7ho Mayor said it appears that the Town of Lensing is looking for Owir canon ecodesdc base. The Mayor said ha+ can the federal gavertownt and the state Vvevawont allow s situation to exist when we are using their funds and established an urban renewal program for only one purpose and that is to rejuvenate cities,• cities were die#ng save" the country so they have loaned us the m6ney, they gave us grants sad let us rolwo ate our city and we have been working very hard at doing that. 'flee Mayor said now they have east the communnity devolopmemt fund; they give us f od[s emat we can use to develop our cphter city cosw or we can use it for rehabilitation of boasinS; we want to war that emeemmeey for housing; we need to use that for housing. Ilse Mm#dv said what is morn i>ia Ort ut bmusing for the people w1w we senor or strong economic baste so they ease afford the program that we are trying to offer theant The Mayor felt it was a chicken and egg type of-`thing. !Mayor Conley said that he doesn't think at this point it makes any sense at all;'far ens to extend our water to the outside imaateipalities for tkew to build a project Out has the 011ity to kill, downtown; not osly are they going to take two of our major domtovst merchmants# we have a Caldwell deevelopemeat that we have incurred sand worked-very ward is trying to develop the parking structure and this S* and" construction now, and wban it comas tine for his to build his portion of the project we have to fig/. •t+eaiwts;; W. Caldwell is out now trying to fined tenants at the sass time Pyramid is to find 50 tenants. The Neyor said is there eee am& room for 75 now bt*uesses ire' h e Greater Ithaca area. Mayor Conley oomseottd that it is great for the paper to say to sus that we should be Is a competitivse aetswaphaaere and frees eentorprise system; we should not use seervIcees as a threat. Us Mayor Add when you stop to look at it when an oruolAo business rive has a small business and we are trying is attract Ithaca his option is cipme to dewotewm Ithaca, shop an tae C ai mesas to Rothschild Department Steve and what we have downtown minus the paemney's and Montgomery Wards or does he want to locate his lousiness in a big shopping center all newly air conditioned with Penney's on one end and another major tenant on the other end; that is a tough decision. The Mayor said it is going to -7- December 4, 1974 be very difficult for us to rent this space and to attract the-,business that we need to attract. Tine Mayor said we encouraged our merchants on State Street to commit themselves to twenty years to pay for the Mall. Mayor Conley said not only that when they asked us to wait and hold off a year and see what happens we said no; we are going to proceed as planned. The Mayor said we owe it to our merchants, we owe it to our developers; we owe it to prospective tenants, we owe it to the people of the City of Ithaca to protect that investment and he said he sees no reason why we should extend water out there. MR. FRANK BALDWIN-102 Triphammer Road: Mr. Baldwin spoke in favor of Mayor Conley. Mr. Baldwin said the Pyramid Mall is definitely going to hurt Ithaca. Mayor Conley commented that they are going to do everything they possibly can to attract Penny's, Montgomery Wards or other stores back into Ithaca. The Mayor said drawings are being made now that shows two or three possibilities of how we can use some of'our existing space and also how we can provide some new space. Mayor Conley said they will meet with Penney's to talk with them about additional retail space in the City of Ithaca. Mayor Conley felt they should join with other mayors across the state and possibly across the country-;to speak out against the regional Shopping centers that have the ability to come in and destroy center cities. The Mayor said he has asked the urban renewal agency and they have authorized the urban renewal agency's attorney to investigate the possibility of taking legal action on the basis of using the prior studies which we use for guides 'Land our applications and all of the studies that were done to see if we have any legal stand to bring against the building permit at pyramid. The Mayor said no matter what faction the Council takes that we make a strong indication to all outside governments that =we are more than willing to work out regional problems. He said we are not going to work out just regional problems that they face, we are going to work out regional problems that we all face. By Alderman Slattery: seconded by Alderman Nichols WHEREAS, an agreement has heretofore been entered into by and between the City of Ithaca and the Tows} of Lansing on behalf of Lansing Water Distric t'One which agreement provided among other things that the City of Ithaca would provide water up to a specified amount to said Lansing Water District One, and WHEREAS', the term of said agreement was set forth therein as three years following the first day of the month following completion of the interconnecting main and appurtenances, which term has commenced, and WHEREAS, the said agreement expressly provided in Paragraph 7 that the said agreement ".. .may be terminated within the three year period up6n one year's written notide by either party to the other",' and WHEREAS, it now appears that the soon to be established Village of Lansing will take over and be responsible for said Lansing Water District One on January- 1,= 1976, and it appears that the said .Town of Lansing will from then on not be responsible for said Lansing Water District One, and WHEREAS, the City of Ithaca wishes to renegotiate the terms of said agreement with the appropriate municipal authority, NOW THEREFORE BE IT' RESOLVED THAT L The City of Ithaca hereby elects to terminate said agreement effective January 1, 1976, which- effective date is more than one year from the date of notification as setforth below. 2. The Board of` Public Works be and hereby is directed at its next regularly scheduled meeting to be held ua December 11, 1974, to direct the Clerk of the Board of Public Works, in his capacity as the Clerk of the Board of Public Works and as the Clerk of the City of Ithaca, to immediately notify the Town of Lansing, in writing,• by registered mail return receipt requested, that the City of Ithaca has elected to terminate said agreement`, effective January, 1, 1976, and that pursuant to said agreement one year's written notice is 'thereby ,given. 3. That during the calendar year 1975 the Mayor in conjunction with the Board of Public 14orks or a committee thereof and the Intergovernmental Qmmittee of Common Council negotiate with the neur Village of Lansing or any other appropriate governnen t, with the goal of entering into a new water 'agreement upon such terms as may be acceptable to all parties involved 4. That said new water agreement be subject to the review and approval of Common Council before execution 'thereof. After discussion on the Council floor with several aldermen participating, a roll call vote' wag taken which resulted as follows: AYES: 9 - Saccucci, Jones, Nichols, Gutenberger,° Meyer, Slattery, Dennis, Boronkay, Brock NAYS: 3 Boothroyd, Spano, Barber Carried -8- December 4, 1974 APPOINTMENTS - MALL STEERING COMMITTEE: Mayor Conley asked-for approval of the following appointments to the Mall Steering Committee: Jerry Schickel - representing the Board of Public Works - 1 year term Peggy Underwood - representing the Area Beautification Council - 1 year term Stuart Lewis»representing the Downtown Businessmen's Association - 1 year term Agda Osborne - representing the Downtown Businesswomen's Organization - 2 year term Nancy Meyer - representing the Common Council - 2 year term Tom Neiderkorn - selected as one of the members at large - 2 year term Jim Rothschild - from the Downtown Businessmen's Association - 3 year term Jim Atsedes - from the Downtown Businessmen's Association - 3 year term By Alderman Nichols: seconded by Alderman Barber RESOLVED, that the Mayor's appointment to the Mall Steering Committee be approved. Carried COMMUNITY DEVELOPMENT PROGRAM: Mayor Conley reported that the Community Development Program there is approximately 1.8 million dollars that the City will have to spend. - The Mayor said the structure of how that committee works is the sole appointment of the Mayor; however, any expenditures of funds requires Council approval. Mayor Conley said he would like to establish a committee right now because two studies are being done; one by Ned Flash and a group that is studying the needs of the City as far as the city manager of the Mayor or whatever type of structure. The Mayor also said C. W. Robinsons' report is being done. Mayor Conley said he would like to appoint an Ad Hoc group that would pull together all of the information and start preparing application, and as soon as this Council has digested the C. W. Robinson report and make recommendations and takes any findings at that point a formal Community Development Agency will be appointed. The Mayor said on the Community Development Agency he is appointing one member from the Urban Renewal Agency, he is appointing himself and himself as its c'iairman; from the Planning Board he is appointing Stuart Stein; from the Common Council be is appointing Alderman Anne Jones; from the Planning & Development Committee, •. C; a_irman Anne Jones; from the Ithaca Housing Authority, Barbara Whispell; and will be appointing a person from the community at large. The Mayor said he would also like to nt Richard Daley, Mr. Van Cort and Rosalind Williams on this Ad Hoc Committee to p.` ! together the information, to start the applications. The Mayor said he would like 1,:! Uoc Committee approved by Council and be an authorized appointed committee. Conley said also in the structure of this Community Development Program we would eF :,:�' lash a program and hire acqui^ition people, relocation people or hire an executive The Mayor said he felt that it is the best interest of the city, taxpayers an-` the use of those funds that we do as much as we possibly can with existing city pegonnel. Mayor Conley commented that he would like to have working staff people in that agency, the Planning Director, the Director of Finance & Development, the engineering staff from the Board of Public Works and the Building Commissioners Office. Mayor Conley said he would like to utilize city positions as best we possibly can. Mayor Conley remarked that there are vacancies in the city, and it gives them an opportunity to hire or appoint people who would be beneficial for the Community Develop- ment Program as staff people for that program and also fill city positions. Mayor Conley said he has talked over this program with the Building Commissioner and it is going to require a lot of additional work and a lot of additional meetings. Mayor Conley said in talking with Mr. Jones, the Deputy's position was open, he suggested that Mr. Jones move to the Deputy's position at the same rate of pay that he is now receiving and that the Building Commissioner's Office stay open for use in the Community Development Program. Mayor Conley said he agreed with Theron Johnson's comments that Mr. Jones has done a lot ,u the building program in the city, he has worked very hard and it has been a very demanding job. Mayor Conley felt that Mr. Jones could do a very good job for the city ifi the deputy position. Mayor Conley said we should try to use existing city positions the best we can to pull out the Community Development Program rather than hire new people and establish a new agency with new people so that those funds would not be used for administration expense. The funds we get from the government can be better used for the physical programs that we are trying to conduct in housing rehabilitation or central business district, or whatever the Council feels the money should be used. r Mayor Conley asked for Council approval to make Edison Jones Deputy Building Commissioner,, at the same rate of pay. The Mayor said Mr. Jones has been negotiated for new wages under the executive contract and the Mayor said he was expecting Council to honor that contract that he was a member of for that two year period; after that the Civil Service Employees Association would negotiate for that position. By Alderman Jones: seconded by Alderman Dennis RESOLVED, that Edison Jones be placed in the Deputy Building Commissioner position at the same rate of pay and subject to the Executive Contract for the next two years. Carried -9- December 4, 1974 AD HOC COMMITTEE: Mayor Conley said he would like to have Council's support regarding the Ad Hoc Committee. Mayor Conley said it was just an Ad Hoc Committee that would be formed temporarily until they r,epoive the results of the two reports and Council takes action on the two reports and until a firm agency is formed. The Mayor said with this agency we will be able to pull together and make applications. By Alderman Slattery: seconded by Alderman Gutenberger RESOLVED, That the Mayor's request to form an Ad Hoc Committee be approved. Carried BUDGET & ADMINISTRATION COMMITTEE LOCAL UNIQN #589: By Alderman Gutenberger: seconded by Alderman Saccucci RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Local Union #589, Ithaca, New York, of the Laborers' International Union of North America. Carried Michael Hathaway, negotiator for the city was present and reviewed the new provision in the contract and answered questions from the aldermen. The Mayor declared a recess at 9 :12 p.m. T.* Common Council reconvened at 9:37 p.m. CC ATTORNEY FOR THE CITY REPORT dCYO PROPERTY: Attorney Shapiro reported that the closing of the CYO Property was scheduled for December 5. The Attorney said an action to recover a piece of personal property has been commenced against the city with respect to an abandoned vehicle, and he will be in court next week. Cc_ 14UNICAT7C+:dS FROM THE MAYOR I. D TRANSF7R - ALLAN H. TREMAN STATE MARINE PARK: Mayor Conley said when he received t . , commuliration it was a land transfer between New York State and the City of Ithaca. Conley said lie didn't know it had been prior agreed upon and he sent a copy to T Neiderkorn because he was negotiating when it was Center for the Arts, and also the S:. , -intendent Dingman and they have assured the Mayor that this is their understanding o_; :at was agreed upon. The Mayor said the letter stated that 'these were pre-agreed U ::- ngement ,they need for conveyance of the title of these lands to them in their r of developing the Marina. The Mayor said the city gets back a lot of land that r _a previously deeded to the ate. T- - erman Barber: seconded by '. Lerman Saccucci 7" That the City agrees to transfer the land with the,State as agreed to by acintendent Dingman, Tom Neiderkorn and the Mayor. Carried gaRMR AND ORDNANCE COMMITTEE LANDMARKS PRESERVATION ORDINANCE: Alderman Slattery read the following letter: Common Council, City of Ithaca Ithaca, New York Att: Mr. Donald Slattery, Chairman Charter & Ordinances Committee Dear Mr. Slattery: At its October meeting, this Commission considered a proposal to amend the Landmarks 'Ordinance to allow a person other than the City Planning Director to serve as Secretary to the Commission. The Commission felt that this would-be desirable as a realistic approach to furnishing the needed assistance while giving the Planning Director latitude to allocate his time and resources as he feels moat appropriape. It would also regularize the present situation. On motion by Mr. Jacobs, seconded by Mrs. Sisler and passed unanimously, the Commission requests that Sec. 2-34b of the Ithaca City Code be revised as follows: Between "the planning officer" and "shall serve.. ." insert "or his designee." Very truly yours, Raymond V. Hemming Chairman -10- December 4, 1974 By Alderman Slattery: seconded by Alderman Boronkay An ordinance amending Article III entitled "The City of Ithaca Landmarks Preservation Ordinance" of the City of Ithaca Municipal Code Be it ordained and enacted by the Common Council of the City of Ithaca, New York, as follows: That Article III, Sec. 2-34B of the Ithaca City Code is hereby amended as follows: Between the words "The planning officer" and "shall serve" the words "or his designee�� are hereby added. This ordinance shall take effect immediately and in accordance with law upon publication of a notice. as provided in Section 3.11 (B) of the Ithaca City Charter. Carried HUMAN SERVICES COr1MITTEE BIG BROTHER-BIG SISTER PROGRAM: By Alderman Nichols: seconded by Alderman Brock WHEREAS, the Ithaca Youth Bureau is 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 $8,399.50 by funds available from the New York State Division for Youth when the application is approved by this Common Council, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby authorize the Mayor to sign and execute the application requesting said reimbursement. t Carried LEARNING WEB PROJECT: By Alderman Nichols: seconded by Alderman Barber WHEREAS, the Ithaca Youth Bureau is supporting the work of the Learning Web, and WHEREAS, the sum of $12,000 is available from the New York State Division for Youth to subsidize the Learning Web project upon application by this Common Council, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby authorize the Mayor to sign and execute the application requesting said reimbursement. Carried HUMAN SERVICES COALITION: By Alderman Nichols: seconded by Alderman Boothroyd WHEREAS, the City of Ithaca through its elected and paid officials has participated in the organization of the Human Services Coalition of Tompkins County, and WHEREAS, the City of Ithaca participated in the funding of a proposal that establishes the Human Services Coalition of Tompkins County, and WHEREAS, the City's share of the Human Services Coalition of Tompkins County's budget for the first year would be 12 1/2 per cent, or no more than five thousand dollars, an amount already approved by the Budget and Administration Committee for inclusion in the 1975 City of Ithaca budget, NOW THEREFORE BE IT RESOLVED, that this Common Council does hereby authorize the participation of the City of Ithaca in the Human Services Coalition of Tompkins County, and BE IT FURTHER RESOLVED, that the coalition will continue its efforts to secure financial participation by the towns in the County, with said participation to reduce the City's share of the total Human Services Coalition budget. Carried CONTRACT WITH TOWN OF ITHACA - YOUTH BUREAU SERVICES: Alderman Nichols reported that every year there is a contract with the Town of Ithaca for the services of the Ithaca Youth Bureau. Mrs. Nichols said last year it had doubled from the previous year and was up to $16,000; this year it is going to be $32,000. Alderman Nichols said it is only going to cost the Town of Ithaca $16,000 but by asking for their State money they will have $32,000 which will then go with the Youth Bureau budget. TIN CAN REPORT: Alderman Nichols reported that the request for use of space in the Tin Can (U. S. Naval Training Center) by the Ithaca School District was still in committee, SPCA REPORT: Alderman Nichols reported that the SPCA report was still in committee. GREATER ITHACA ACTIVITIES CENTER: Alderman Nichols reported the Human Services Committee has also voted to ask the Youth Bureau Board to prepare a careful analysis of its relations with the GIAC after the first years operations so that they can present Council with a very factual account of the cost and the benefits that were derived from the merger. TOWING CARS: Alderman Nichols reported that the Human Services Committee had a conference with the Police Chief on towing cars, and he gave them a great deal of information. Alderman Nichols said they are now trying to collect more information on standardizing the policies for car towing inside the City. e -11- Denembai .4, 1974- PLANNING ANp DEVELOPMENT COMMITTEE GREEN STREET RAMP*. Alderman Jones reported that the Planning Committee Chet with Ray DiPasquale who is the City Architect for the Green Street Ramp and was informed of the five change orders of which he was requesting approval, which is,.change order No. 3 in the amount of $7,019 which he feels is a legitimate extra cost; it concerns electric vault which was unknown to exist under the center column on Green Street and it had to be bridged over. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, that change order #3 in the sum of $7,019 be added to the original upset figure for the Green Street Ramp. Carried Alderman Jones advised Council that there will be another change order of $4,875 still to be presented. Alderman Jones said it concerns storm sewer relocation on the existing corner of the Green Street Ramp to Six Mile Creek. HILDA HUTSON - LEAVE OF ABSENCE: By Alderman Jones: seconded by Alderman Barber RESOLVED, that Mrs. Hilda Hutson, Senior Stenographer, Planning Department, be given a leave of absence from November 25, 1974 through January 18, 1975. C", Carried :C Alderman Jones commented that the leave of absence was without pay. URBAN MASS TRANSIT APPLICATION: By Alderman Jones: seconded by Alderman Borohkay RESOLVED, Tpat the Urban Mass Transit Application, tabled November 6, be removed from the table for action. Carried Alderman Jones said she would like to amend the dollar amounts in the original application. Alderman Jones said tale original application as adding to the resolution was in the Council minutes of November 6, 1974. Alderman Jones said she would like to amend the total amount of the project; it was originally listed as $448,000, the total cost of the project be amended to $493,250 and that the State and Local share be amended to read $98,650. By Alderman Jones: seconded by Alderman Meyer RESOLVED, that the dollar amounts in the Urban Mass Transit Application be amended as requested. Carried TRANSIT DEVELOPMENT PROJECT: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That a capital project entitled "Transit Tevelopment Project" be authorized and created in an amount of $493,250, and BE IT FURTHER RESOLVED, that $98,650 be appropriated in the 1975 budget as the City and State share of said project. Carried SOUTHSIDE CENTER CORP: By Alderman Jones: seconded by Alderman Meyer RESOLVED, that the land transaction for the City's acquisition of that parcel of land owned by the South Side Corp. and heretofore intended to be part of the South Side Park project be completed by December 31, 1974 and that Comm Council be notified of same by Attorney for the City at its January 1975 meeting. Carried By Alderman Jones: seconded by Alderman Meyer RESOLVED, that the Attorney for the City negotiate with the Southside Center Corp. Board and Attorney for their lease of the Southside Center building and land from the city and that such negotiations be completed and the lease be presented to Common Council at the March 1975 Common Council meeting. Carried ITHACA COMMONS TRUST FUND: By Alderman Jones: seconded by Alderman Brock RESOLVED, that the name of Ithaca Mall Trust Fund be changed to Ithaca- Commons Trust Fund. Carried CAPITAL IMPROVEMENTS REVIEW COMMITTEE: Alderman Jones presented a list of Capital Improvements to Council and reviewed the list with Council. (copy attached tO minutes) December 4, 1974 ENVIRONMENTAL COMMISSION STATE DEPT. OF TRANSPORTATION PROPERTY - VISUAL APPEARANCE: Alderman Meyer reported that she had received information that the Department of Transportation has put in $1,500 worth of plantings, so that in a year or two that visual appearance will improve. Alderman Meyer said that at the meeting of the Environmental Commission Mr. Frank Liguori gave a report of the development of7Tompkins County and population development. Alderman Meyer said Mr. Liguori prefers the plan call Seldctive Communities; and it is this plan which would more likely make possible the mass transit in our county. BUDGET AND ADMINISTRATION COMMITTEE TOMPKINS COUNTY SENIOR CITIZENS COUNCIL, INC: By Alderman butenberger: seconded by Alderman Barber RESOLVED, that the Mayor and City Clerk are uthorized and directed to execute a contract with the Tompkins County Senior Citizens Council, Inc. for recreational programs for the elderly in an amount not to exceed $6,000. Carried MUNICIPAL CONSULTANTS AND PUBLISHERS, _INC: B► Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, that the contract with Municipal Consultants and Publishers, Inc. be increased to an amount not to exceed $14,000. Carried EMPLOYEES NOT REPRESENTED BY FORMAL UNIONS: By Alderman Gutenberger: secondedby Alderman Boothroyd RESOLVED, that those employees who are not represented by formal unions be granted the same salary increase and benefits as set forth in the City Executive Association contract adopted November 13, 1974. `Carried PAMELA TALLMAN APPOINTMENT: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, that Pamela Tallman be. pgrmanently appointed to the position of Senior Clerk Pt. at an annual salary of $5,760 and that her appointment become effective December 2, 1974. " ;.. Carried , CIVIL SERVICE SECRETARY AND GOLF COURSE MANAGER: By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That the positions of Civil Service Secretary and Golf Course Manager be , removed from group of City employees represented by the Civil Service Employees Association, Inc. `Carried 1975 BUDGET: Alderman Gutenberger reported that the 1975 Tentative Budget will be distributed to each aldermen in preparation for discussion and adoption December 1.8, 1974. AUDIT: By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, that the bills audited and approved by the Budget and Administration Committee In the total amount of $29,569.91 as listed on Audit Abstract #11-1974 be approved for payment. A discussion took place on the Council floor regarding certain items in the Audit. Council voted on the Audit as follows: AYES: 11 NAYS: 1 - Barber Carried PURCHASE OF FIRE ENGINE: By Alderman Gutenberger: seconded by Alderman Barbers: RESOLVED, that the Fire Department be and they are hereby.authorized to purchase a fire engine in an amount not to exceed $68,000, and BE IT FURTHER RESOLVED, that said appropriation be transferred from Capital Reserve Account 1115 Fire Engines, at the time of delivery of said equipment. Carried -13- naafi or 4, 19 74 MAINTENANCE FACILITY: By Alderman Gutenbergex: seconded by Alderman Spano RESOLVED, that $40,000 be approprUted from Capital Reserve Account #9 Municipal Buildings to the Capital Project Municipal Garage. Carried NEW BUSINESS PAPER DISPOSAL: Alderman Boothroyd said in October Council asked for a report on paper disposal and though they were supposed to get it at the last meeting. GRQUND WATER STUDY: Alderman Boothroyd said in the fifth ward there was a ground water study conducted and he was wondering what the status of that was. Supt. Dingman remarked that the study has been completed and copies and report would be made in January 1975. OUTSIDE TELEPHONE -BOARD ROOM: Alderman Meyer inquired about the telephone with outside line to be installed in the Board Room. Supt. Dingman remarked that this request has been taken care of, and is now available. CC PARKING SIGNS - SENECA STREET PARKING #AMP: Alderman Meyer inquired about the parka g signs directing people to the parking ramp. dSupt. Dingman commented that two signs had been placed on the structure and the others are on order. i 0ct a motion the meeting was adjourned at 10:46 p.m. t � /Y.. Jose A. Rundle, City Clerk Edward . Conley, or COMON COU14CIL PROCEEDINGS CITY OF ITHACA, qP1 YORK Special Meeting 5:00 p.m. December 12, 1974 PRESENT: Aldermen (10) - Barber, Boothroyd, Brock, Bennis, Gutenberger, Meyer, Nichols, Saccucci, Slattery, Spano ABSENT: Mayor - Conley Aldermen (2) - Boronkay, Jones OTHERS PRESENT: Officers of P.B.A. Police Chief - Herson Officers of C.S.E.A. City Clerk - Rundle In the absence of Mayor Conley, Acting Mayor Gutenberger presided. ADDITIONS TO THE AGENDA Alderman Meyer requested that -W amendment to the Urban Mass Transit Administration resolution that was passed December 4, 1974,..be added. to .the: A�enda. Alderman Barber objected to the addition. Alderman Gutenberger request¢8 that an item on payment of past police overtime which is a grievance be added to t h Agenda. , No objections were made. POLICE GRIEVANCE: Alderman Slattery read the following letter: TO : Members of the Common Council Police Commtsoioners * Police Chief President of �BA FROM . Mayor Edward J. Conley DATE . December 10, 1994 SUBJECT: Grievance by the PM After reviewing the facts of the "compensatory time" grievance by the PBA, I have determined that it is in the best interest of the City to settle the grievance prior to arbitration. Subject to Council appropriation, I recommend that the Police Officers be credited or paid for time worked in accordance with the following terms for the period from January 1, 1973, to December 31, 1974: All Police Officers who worked on a Holiday should have been credited with compensatory time or pay to total two days. Officers who took the Holiday off should have received one day compensatory time or pay in addition to the day off. All officers who were on vacation (using a vacation day) on a holiday should have received two days compensatory time in addition to the vacation day. Officers whose regularly scheduled day off falls on a holiday should have received one compensatory day or pay,,in addition to the day off. Officers who were ill used a sick day on a holiday should have received one day compensatory time in addition to the sick day. The attached list is presented for the purpose of calculating ;the compensatory time or pay due to officers. However, those officers whose regularly scheduled day off fell on a holiday may have already been credited with the appropriate amount of time. (copy of list attached to minutes) Alderman Slattery said a total amount was not included in the list, and felt that should be a portion of the resolution. Mike Hathaway, City Negotiator, said the reason the money is not included is because the nature of the compensatory time some of -the officers may select to take the time off instead of being paid; therefore, there would not be a need for an appropriation. CITY OF ITHACA TOMPKINS COUNTY OFFICE OF ITHACA, NEW YORK 14850 TELEPHONE: 272-1713 CITY ATTORNEY CODE 607 MEMO TO: Members of the Common Council Police Commissioners Police Chief President of PBA FROM: Mayor Edward J. Conley DATE: November 10 , 1974 SUBJECT: Grievance by the PBA After reviewing the facts of the "compensatory time" grievance by the PBA, I have determined that it is in the best interest of the City to settle the grievance prior to arbitration. Subject to Council appropriation, I recommend that the Police Officers be credited or paid for time worked in accordance with the following terms for the period from January 1 , 1973 to December 31 , 1974 : All Police Officers who worked on a Holiday should have been credited with comepnsatory time or pay to total two days. Officers who took the Holiday off should have received one day compensatory time or pay in addition to the day off. All officers who were on vacation (using a vacation day) on a holiday should have received two days compensatory time in addition to the vacation day. Offficers whose regularly scheduled day off falls on a holiday should have received one compensatory day or pay in addition to the day off. Officers who were ill used a sick day on a holiday should have received one day compensatory time in addition to the sick day. The attached list is presented for the purpose of calculating the compensatory time -or pay due to officers . However, those officers whose regularly scheduled day off fell on a holiday may have already been credited with the appropriate amount of time . EJC: rb ATTACH. Vacations - Credited 8 hrs. Holiday Time - No additional. Time Credited. Jet-uary 1, 1973 July 4. 1973 November 6. 1973 Holidaay tire Vacation Vacation Breoks Grover Devlin Scaglione, F. rover Chia G Dockstader Smith Grover Vanldistine Johnson November 22. 1973 Humble Tompkins Scaglione, F. Mabee Griffiths Dockstader �liday Time Price Pa liaro Weston September 3. 1973 g Feller Weston Malison Holiday Time Baker Emerson Malison Shippos Emerson Severtson Shippos Emerson February 12, 1973 Scaglione, F. Shippos Feller yQcation Vacation Dockstader Carrier Price Bsst*on Feb. 19, 1973 LaLonde Vacation Feller Holiday Time Jamarusty Octob r '8. 1973 Mikula Tucker Devlin Va $ n Norman Denmark Mav 28,`1973 Price Collins Dollaway Scaglione, T. Holiday Time Langerlan Holman December 25, 1973 Rohrer Shippos Oct 229 1973 Holiday Time Emerson Feller Holiday Time Weston Dockstader Vacation F,merson Emerson Severtson Scaglione, T. Vacation Fell©r Axtell Mali-son McGlaughlin Dollaway Shippos Tucker Traynor Langerlan Reed Tucker Vacation July 4. 1973 t:oz*e.,be:r63 1973 Akins Holiday Time Holiday Time Orr Earl Shippos Feller Dolous Severtson Spencer Emerson S:rith Malison Johnson Feller Devlin Mabee January 1, 1974 Septemaer' ,1.974 Vacations - Credited 8 hrs. rioliday Tires Hol ida C I Holiday time - No additiow-1 Credited Griffiths Frice - Feller Emerson Weston Sevortson Emerson Shippos A�g s Malison Vacation Feller Mikula Weston Hove Dollaway Vacation October 14, 1974 Vacation Howe VenIdistine Carrier Collins Freund Brill October 28, 1974 February 12, 1974 Vacation Vacation Williamson Carrier VanAlstyne February 18. 1974 November 5, 1974 Vacation Holiday Time Weston Carrier Vacation May 27. 1974 Daesler Holiday lime Carr, C. Traynor Emerson November 28, 1974 Shippos Malison Holiday Time Feller Baker Weston Tucker July 4, 1974 Weston Feller Holiday Time Malison Emerson Feller Severtson Malison Shippos Severtson Emerson Vacation Willi&mson Vacation Norman V Earl O . c g:41 o-®, F. Nazer Weston Schultz S:u.th Brill Langerlan Carr, C. Shippos Death in Family Denmark - Day taken off - 8 hrs Credited LABOR AGREEMENT BETWEEN THE CITY OF ITHACA AND THE CITY OF ITHACA UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOC. ,, INC. ARTICLE I - RECOGNITION 1. The City of Ithaca recognizes the City of Ithaca Unit of the Civil Service Employees Association, Inc. , as the sole and exclusive representative for and on behalf of the employees of Negotiating Units No. 4 and 5 (Clerical, Technical and Administrative Employees). 2. The employer shall deduct from the wages of the employees and remit to C.S.E.A. , Inc. , regular membership dues for those employees who signed authorizations permitting such payroll deductions. 3. The employer agrees that the City of Ithaca Unit of the Civil Service Employees Assoc. , Inc. , shall be the sole and exclusive representative for all the employees described in Section I above, for the purpose of collective bargaining of all employees and settling grievances for the dues paying members only. The recognition granted to the C.S.E.A. shall continue until December 31, 1976. 4. The City of Ithaca Unit C.S.E.A., Inc. , affirms that it does not assert the right to strike against the employer, to assist or participate in any such strike, or to impose an obligation upon its members to conduct, or to participate in such a strike. It is agreed the following positions are removed and will not be negotiated in the future by the C.S.E.A. These include: Administrative Secretary - Mayor's Office Administrative Secretary - Police Chief's Office Administrative Secretary - Superintendent of Public Works Office City Court Clerk Golf Course Manager Executive Secretary to the Civil Service Commission ARTICLE II - MANAGEMENT RIGHTS The C.S.E.A. recognizes the right of City Council and the department heads to reorganize departments and services in the interest of improved or more efficient services to City Residents provided such changes shall not be in violation of any other section of this agreement or law. "It is agreed that the Employer retains the right to' direct employees , to hire, promote, transfer, discipline subject to law and terms and conditions of their agreement; to maintain the efficiency of operations entrusted to him; to determine the methods,means, process and personnel by which said operations are to be conducted, and to take whatever action is necessary to carry out the mission of the department, provided that such rights shall not be in violation of any other section of this agreement or mandatory sections of law. -2- ARTICLE III - COMPENSATION 1, Beginning January 1, 1975 the rates of compensation for each job title shall be as set forth in Schedule A, attached hereto, which reflects an eight percent (8.0%) cost of living increase applied to the 1974 minimum salary and ten four percent (4.0%) compounded steps to the maximum salary. Each employee shall be placed on the schedule prior to the 8.0% 1975 cost of living increase at the lowest step which is at least two and seven- tenths percent (2.7%) above the employees current salary. The step each employee should be on is included as Appendix A to this Agreement. 2. Beginning January 1, 1976 the minimum salaries shall be increased by 4% �- or 3/4 of the cost of living index (National Consumer Price Index, B.L.S. . November 1974 through November 1975), whichever is greater. All other rates shall be determined by recomputing the existing compensation schedule. In addition all employees hired before October 1, 1975 not at maximum salary shall receive one 4.0% increment (step). 3. Part-time and seasonal employees (as defined below) shall receive only the fringe benefits of Social Security and Workmen's Compensation. They are not considered permanent employees. All other employees who work at least thirty hours (30) per week will receive the fringe benefits at the contract rate. This last provision is understood to take precedence over existing statutory provisions for the number of hours in a work week which entitle an employee to fringe benefits. DEFINITIONS Part-Time A part-time position shall mean a standard work week of less than twenty hours. A part-time employee shall be an employee who fills such part-time position. Part-time positions and employees are exempt from Civil Service Law. Creation of part-time positions and the hiring of part-time employees is a management right. Seasonal A seasonal position shall be a position existing periodically and continuously to a maximum of six (6) months duration. A seasonal employee shall be an employee who fills a seasonal position. ARTICLE IV - WORK DAY, WORK WEEK, OVERTIME The standard work week shall be as listed in Article IIIfor all employees. Chief Operators, Operators, and Operator Trainees in the Water Treatment and Sewage Treatment Plants and Electricians shall be compensated for time worked in excess of forty (40) hours per week at one and one half the straight time rate. -3- The department head shall have the option of determining whether over time shall be paid in compensatory time off or in cash. In the event compensatory time off cannot be taken at the convenience of the department head within four (k) weeks of date earned, such compensatory time shall be paid at the request of the employee. ARTICLE V - HOLIDAYS Holidays with pay at the regular rate shall be: January 1 - New Years Day October 9 - Columbus Day February 12 - Linc6ln'8 Birthday October 22 - Veteran's Day February 19 - Washington's Birthday November 6 - Election Day May 28 - Memorial Day November 22 - Thanksgiving July k - Fourth of July December 25 - Christmas September 3 - Labor Day Whenever any of these holidays fall on a Saturday or Sunday, the following i Monday shall be considered the holiday. This article shall apply to all except seasonal employees. ARTICLE VI - VACATION ' The parties agree that employees shall receive vacation with pay as follows in 1975: 1. Employees who have worked 12 months shall receive one standard work week vacation with pay. 2. Employees who have worked 24 months shall receive two standard work weeks p vacation with pay. 3. Employees who have worked for ten years shall receive three standard work weeks vacation with pay. S 4. For each two years an employee works after ten years of service, he shall 3 be entitled to an additional day of vacation to his 20th year, i.e. 12 years - 1 day, 14 years - 2 days, 16 years - 3 days, 18 years - 4 days, 20 years - 5 days. After 20 years he shall receive four weeks vacation. 5. Vacation shall be accumulative, if earned vacation is not made available by the City during the year. Holidays occurring during an employee's scheduled vacation period shall not be charged against vacation time. 6. Vacation shall be credited on the anniversary date of the employee. i 7. Unscheduled absence from work may not be charged against vacation time. 8. Three weeks vacation may be taken consecutively, if authorized by Department Head. Beginning January 1, 1976 employees who have worked for five years shall receive three weeks vacation with pay. Also those who have worked ten years shall receive -4- one additional day of vacation for each two years of service up to the 18th year, i.e., 10 years - 1 day, 12 years - 2 days, 14 years - 3 days, 16 years - 4 days, 18 years - 5 days. ARTICLE VII - SICK LEAVE Sick leave shall accumulate at the rate of one day per month reaching a maximum accumulation of 150 days. All sick leave shall be credited on a month to month basis beginning one month after date of employment. Sick leave time may be used after an employee has completed six months employment in the City. Unused sick leave up to 100 days, to an employee's credit, upon his retirement shall be computed at his current regular rate of pay and applied to the payment of extended health and accident insurance coverage. An employee who suffers injuries in the course of his employment, and who is entitled to sick leave benefits may elect to use such benefits in lieu of Workmen's Compensation benefits during the period of his disability. Any payments made by the Workmen's Compensation Board for such loss of time shall be paid to the City of Ithaca. Requirement of a statement from a medical doctor to the department head for each instance of five or more consecutive days of illness, including all time off. ARTICLE VIII - RETIREMENT SYSTEM All employees covered by this Agreement shall be included in the full non- contributory retirement plan, with benefits retroactive to 1938, known as the 751 Retirement Plan of the New York State Employee's Retirement System. ARTICLE IX As soon as is reasonably practical after written request by the C.S.E.A. the City agrees to provide one additional payroll deduction for group insurance or a credit union deduction for employees authorizing the deduction. The City's responsibility is limited to providing a reporting of the amount deducted and sending payment to a single insurer. ARTICLE X - BEREAVEMENT AND PERSONAL LEAVE 1. Bereavement. In the event of death in the immediate family of the employee or family of the employee's spouse, such employee shall be allowed a leave of absence with pay to a maximum of three (3) days. This leave of absence must be approved by the Department Head. Time lost will not be charged against accum- ulated sick leave. The immediate family is defined as: the spouse, parent, grandparent, child, brother or sister of the employee or the parent, grandparent, child, brother or sister of the spouse. It shall apply also to any other relative living in the same household. Bereavement Leave may be extended to one calendar week at the discretion of the Department Head. Bereavement leave of 1/2 day with pay shall be allowed to attend funerals of close friends. 2. Personal. Employees shall be granted three (3) non-cumulative personal days per year Personal days shall be, granted in order to ,allow an employee to conduct personal and/or family business` which otherwise falls on a work day. Application for personal leave shall be made by the employee to the Department Head forty- eight (48) hours in advance or as soon as practicable under the circumstances. -5- Leave shall be granted unless the Department Head reasonably determines that the employee is needed at the particular time or day requested. ARTICLE XI - MILEAGE REIMBURSEMENT "Employees who are required to use their cars in the conduct of official City business shall be reimbursed at the rate of 15(,, per mile for 'In-City Driving' and at the rate of 12(,% per mile for all other mileage. 'In-City Driving' shall include travel within established Water Districts." ARTICLE XII - HEALTH INSURANCE The City of Ithaca shall pay the entire premium for present health insurance coverage. Health Insurance shall become effective 3 months after date of employment. The Blue Cross-Blue Shield premium for hospitalization and medical insurance shall be paid by the City for 1975 and 1976 at $15.52 per month ($186.24 per year) for individual coverage and $40.88 per month ($490.56 per year) for family coverage. In addition, the City agrees to pay any premium increase above the January 1, 1975, rates during the duration of the contract with the agreement. The City agrees to pay all health and hospitalization insurance premiums then k currently paid by the City for the duration of time that any employee is not able to return to work for a period not to exceed three (3) years due to illness, hospitalization or by order of the employee's physician. The employees with less than five (5) years full-time paid employment shall reimburse the City for the amount of health insurance premiums for the period specified above. Said reimbursement to be made annually or the City shall stop such payments and the premiums so paid by the City shall become immediately due and payable. Employees of more than five (5) years full-time paid employment who return to work within three years shall not be required to reimburse the City, but if said employees with five years full time paid employment do not return to work within three years, then the entire amounts so paid for said insurance premiums shall immediately become due and payable by said employee to the City. Reimbursement shall be at the same rate as premium payment was made by the City. ARTICLE XIII - EDUCATIONAL ASSISTANCE The City of Ithaca agrees to pay tuition for educational courses, including technical and trade schools for employees covered by this agreement. The intention is to assist employees to further their education and enhance their ability and effectiveness on the job. Such assistance shall be limited to: (a) courses related to an employee's position which will further development in the performance of their duties; (b) courses which will assist employees to gain promotion within their job classification as a City employee; (c) applicant must have approval prior to the course; (d) applicant must obtain a grade of "C" or better before reimbursement; and (e) available to full time, permanent provisional appointed employees. Assistance is to be limited to one course per semester for permanent or provisional employees., -6- To be eligible, each application must be approved by a committee consisting of: City Controller A representative of the City of Ithaca Unit C.S.E.A. A person chosen by the Controller and the Union Representative. All determinations shall be final and binding not subject to appeal. Employees may be granted time off without pay to take job related courses offered only during working hours. The request for approval for such courses shall be made in the first instance to the Department Head. If the Department Head refuses to approve the course request, the employee may appeal the decision to the Education Committee. Their consideration shall include, but not be limited to, the availability of the employee during normal working hours. Reimbursement for courses taken during normal working hours shall be limited to ten dollars ($10.00) per credit hour. ARTICLE XIX - JOB DESCRIPTION REEVALUATION The City or the C.S.E.A. may request reevaluation of an existing job description on the basis that there has been or will be an increase in job duties. The . request may be made for the following ,job titles during the year indicated in Table I or in any subsequent year, provided that the City shall not be required under this section to reevaluate any job description more frequently than once every five years. If the ,job description reevaluation discloses an overall increase in ,job duties, the City shall make an appropriate adjustment in the compensation. The adjustment to compensation shall be effective as of the date of the request for reevaluation. This section is not intended to prevent employees or the Union from seeking a reevaluation; it is intended to specify the minimum response that the City may give to such a request. It is not intended to limit the employees rights under Civil Service Law. This section is subject tb the grievance procedure. OUT OF TITLE WORK In addition to and apart from the above reevaluation provision, the City shall, upon being requested by the C.S.E.A. , review with the C.S.E.A. the job duties assigned to any employee to assure that the employee is assigned to the correct job title. This request may be made at any time. In the event that it is determined that an employee is performing the duties of a higher title, said employee will be paid the higher rate of pay. This section is not intended to apply to emergency situations. This section is subject to the grievance procedure. TABLE I YEAR JOB TITLES SUBJECT TO REEVALUATION REQUESTS 1975 Chief Operators Water & Sewer Plants Principal Account Clerk Senior Stenographer Assistant City Planner Assistant Youth Bureau Director 1976 Deputy Building Commissioner Assistant City Engineer h -7- YEAR JOB TITLES (con't) Telephone Operator Sr. Account Clerk Electrician Deputy City Chamberlain 1977 Account Clerk Typist Senior Clerk Water & Sewer Treatment Plant Operators Junior Engineer Clerk 1978 Account Clerk Stenographer Typist Sr. Engineering Aide Deputy City Clerk 1979 Engineering Aide Housing Inspector Building Inspector Junior Planner Youth Worker Plumbing Inspector ARTICLE XV - RECIPROCAL RIGHTS 1. All negotiations with respect to wages, hours and working conditions shall s be conducted by authorized representatives of the C.S.E.A. and authorized representatives of the City equally between working hours and time off. The C.S.E.A. negotiating committee shall consist of no more than 3 City employees. C.S.E.A. and City may bring advisors as necessary to meetings. 2. The employer recognizes the right of the employees to designate representa- tives of the Civil Service Employees Association, Inc. to appear on their behalf to discuss salaries, working conditions, grievances and disputes as to the terms and conditions of this Agreement. Such employee representatives shall be permitted to appear at public hearings before the City upon the request of the employees. x 3. The City of Ithaca Unit C.S.E.A. , Inc. shall have the right to post notices and communications on the bulletin boards maintained on the premises and facilities of the employer, subject to the approval of the contents of such notices and communications by the Mayor or his designee. The Officers and Agents of the City of Ithaca Unit C.S.E.A. , Inc. should have the right to visit the employer's facilities for the purpose of adjusting grievance and administering the terms and conditions of this Agreement. ARTICLE XVI - GRIEVANCE PROCEDURE 1. In accordance with the cooperative spirit with which this Agreement is made between the C.S.E.A. and the City, is the sense of fairness and justice -8- brought by the parties to the adjudication of employee grievances. Should an employee feel that his rights or privileges under this Agreement have been violated, he shall consult with his C.S.E.A. representative. The aggrieved employee and his C.S.E.A. representative shall within 5 days of the date the grievance occurred, present the facts to the employee's supervisor. Within 5 days thereafter the immediate supervisor shall submit his answer to the C.S.E.A. representative and the aggrieved employee. Should the C.S.E.A. decide that the reply of the immediate supervisor is unsatisfactory, the C.S.E.A. Grievance Committee shall within five (5) days submit the facts of the grievance in writing to the Department Head based on the facts of the grievance as stated in the previous step. The Department Head shall within five (5) days reply to the C.S.E.A. in writing giving his decision. Should the C.S.E.A. decide that the reply of the Department Head is un- satisfactory, the C.S.E.A. shall within five (5) days submit the facts of the grievance, in writing, to the Common Council based on the facts of the grievance as stated in the previous steps. The Grievance Hearing may be conducted by one member of the Grievance Committee of the Common Council, but the final report must be concluded in sixty (60) days and supported by a majority of the Committee members. If either party is dissatidfied with the decision of the Committee, the unsettled issue may be referred by either party to be resolved through arbitration. 2. Arbitration. Any dispute or grievance arising out of or relating to this Agreement may be submitted to arbitration by a committee of three chosen; one by the C.S.E.A. , one by the Employees Relations Committee, and the third by the other two. The City and the C.S.E.A. agree that the recommendations of the arbitration shall be final and binding. 3. Grievances shall be processed by the head of the grievance committee or his designee who shall receive reasonable time for. the conduct of grievances con- cerned with an employee of the City within the geographical limits of the City of Ithaca. i ARTICLE XVII - WORKING CONDITIONS The employer shall notify the City of Ithaca Unit C.S.E.A. , Inc. in writing at least seven (7) days in advance of any change in working methods or working conditions, except where such change is required because of an emergency or major disaster over which the employer has no control. ARTICLE XVIII This Agreement shall become effective January 1, 1975 and shall terminate December 31, 1976. This contract shall renew automatically for the period of one full year annually unless either party shall have notified the other in writing before the month of September preceding the next automatic renewal that they wish to re-open the contract for negotiation. L� -9- IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PER1dIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ITHACA AND THE CITY OF ITHACA UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOC., INC. AGREEMENT BY NEGOTIATORS: XtC:Aez Chairman, City of AIthaca Chairman, ATTEST: CITY OF ITHACA City Clerk qctingg Mayo ATTEST: ATTEST: Se ret , ity of Ithaca Unit President, y df Ithaca Unit C.S.E.A., Inc. C.S.E.A. , Inc. • f h p O U\ O U\ O U\ U\U\ O U\ 00 U\ O U`, U\ r^ O U\ s3 Ql .7 M _:r M m M M-T M -1 4 M _ M M M ? 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Q N \10 M U\ M 0% 0% M Y.4 a w w w w w �p LI w t-!�D lf\ M d ri •H art 0o to 0 O r-1 -r4 H F3 c 4-1 43 tri V Lt �"4 �1 a co � r.4 r01 � q U $4 b� kU UU O O 9 O 0 a e4 O O ai 0 0 �4 43 43 43 A 0 0 0 0 u u u H 0 q A u � d Q u a H U2 A Ul a U ul y "Y LABOR AGREEMENT BETWEEN CITY OF ITHACA AND POLICE BENEVOLENT ASSOCIATION Effective January 1, 1975 r ARTICLE I - APPLICABLE LAW The Public Employment Act, the other provisions of the Civil Service Law and the Local Laws of the City of Ithaca, (hereinafter known as the City or employer) , not inconsistent with said Act and the Civil Service Law which govern the terms and provisions of this Agreement. ARTICLE II - RECOGNITION Section 1 The Employer recognizes the Police Benevolent Association of the Ithaca Police Department, hereinafter known as PBA, as the sole and exclusive representative for all employees in the unit described in Article III. Section 2 The Employer agrees that the PBA shall be the sole and exclusive repre- sentative for all employees described in Article III, for the purpose of Collective Negotiations and Grievances from the 1st day of January, 1975 until the 31st day of December, 1976. Section I The PBA affirms that it does not assert the right to strike against the i employer, to assist or participate in any such strike, or to impose an obligation upon its members to conduct, assist, or participate in such a strike. ARTICLE III - COLLECTIVE NEGOTIATING UNIT The Unit shall consist of all officers and employees of the Police Depart- ment of the City of Ithaca with the exception of the Chief and clerical and hourly employees. A description of the job titles and salary ranges for each title is annexed as Schedule A under Article IV. ARTICLE IV - COMPENSATION Section 1 - RATES OF PAY A. The parties agree that the wages paid to employees covered by this Agreement shall be based on the negotiated details itemized in (b) through (g) following. B. The starting or minimum annual salary and the maximum annual salary beginning January 1, 1975 shall be as follows : Patrolman $ 9,000 to $12,114 Grade 3 Sergeant $12,114 to $14,192 Grade 11 Captain $14,192 to $165,628 No labor grade Meter Maid $ 6,078 to $ 81,179 Parking Meter Serviceman $ 80652 to $11,637 ,L C. Commencing January 1, 1975 every employee not at a maximum salary shall receive a 27. increment. D. Commencing January 1, 1976 all grades of pay shall be increased by 47. or by 75% of the cost of living index (National Consumer Price Index; B.L.S. , November 1974 through November 1975) , whichever is greater. E. Commencing January 1, 1976 every employee not at a maximum salary shall receive a 27. increment. F. All salaries shall be paid weekly. G. "Maximum salary" for purposes of this section shall not include compensation for college credit or longevity benefit payments. Section 2 - PROMOTION A. In the event a patrolman is promoted to Sergeant, or a Sergeant is promoted to Captain, during the term of this Agreement, the indi- vidual will advance upon promotion four (4) 27. increments or to minimum pay for Sergeant or Captain, as applicable, whichever is greater. B. In no case, however, will any Sergeant or Captain, presently so employed, be on any salary level less than one newly promoted, C. Any employee promoted to Sergeant or Captain during the year shall be eligible for whatever salary increases any other Sergeant or Captain is eligible for at the beginning of the next calendar year. Section 3 - COLLEGE CREDIT 1 Each Police Officer who has earned College Credit Hours towards a degree in Police Science shall, upon submitting satisfactory evidence to the City Controller, receive additional annual compensation of $10.00 for each credit hour. All courses mandated by the State of New York are excluded from this provision. Such compensation shall become effective on January 1, 1975 for total hours credited to that date. Compensation for additional hours earned during 1975 will become effective on January 1, 1976. Section 4 - RETIREMENT PLAN The City agrees to continue the retirment plan which is presently in existence and to continue to make payments for the contributions of all members of the Police Department who are now, or shall become in the future, members of the New York State Employees Retirment System. In addition, the City has made available the New York State Retirement Plan Chapter 545 of 3967, Section 84D, Optional 20-year retirement, to those members of the Police Department desiring to be members of said 20-year plan. ARTICLE V - WORK DAY, WORK WEEK, HOLIDAYS AND OVERTIME Section 1 The .parties mutually agree to the procedures, rules and regulations pre- sently in existence within the Police Department pertaining to Woz:k. Day and Work Week. Authorized overtime worked is to be compensated for on the basis of straight time for overtime and half-time compensator> :irne for hours worked. 3 Section 2 A. All Police Officers who work on a holiday shall be credited with two days compensatory time. All Police Officers who take the holiday off shall receive one day compensatory time, in addition to the day off. All Police Officers who are on vacation on a holiday shall receive two days compensatory time, in addition to the vacation day. If a Police Officer's regularly scheduled day off falls on a holiday, he shall receive one day compensatory time, in addition to his regular day off. If a Police Officer is unable to work due to ill- ; ness on a holiday, he shall receive one day compensatory time, in addition to the sick day; provided however, the Chief or his designee may within 48 hours of the Officer's return to work require a physician's certification of the illness, the certificate to be so furnished within a reasonable time. B. The holidays are as follows: January 1 July 4 November 11 February 12 1st Monday in Sept. 4th Thursday in Nov. 3rd Monday in February 2nd Monday in Oct. December 25 4th Monday in May Election Day an other Federal State or Locally declared holiday Additionally, y , y y whereby any other class or group of city employees are given a day (or part thereof) off with pay, shall constitute an additional un- classified holiday as if specifically set forth herein. Section 3 All time earned in excess of 56 hours (to be increased to 64 hours as of January 1, 1976) compensatory time accrued at the end of each month will be paid for in cash. However, no employee may carry an excess of 48 hours (to be increased to 56 hours as of January 1, 1976) of compensa- tory time into any subsequent year, excess hours over the carry-over limit shall be paid for in cash, if not used prior to December 1st. Notwithstanding the aforementioned provision, any employee may elect at anytime during the year, but no later than November 30, to be paid for any compensatory time over 40 hours. Payment shall be made at the end of the month following the election. ARTICLE VI - VACATION AND SICK LEAVE Section 1 - VACATIONS The parties mutually agree that employees covered by this Agreement shall receive vacation with pay as follows: A. Employees who have worked one year shall receive two weeks vacation. B. Employees who have worked five years shall receive three weeks vacation. C. Commencing with the completion of ten years of service, each employee shall be entitled to an additional day of vacation for each two years of service up to his 18th year, i.e. 10 years - 1 day, 12 years - 2 days, 14 years - 3 days, 16 years - 4 days, 18 years - 5 days. After 18 years he shall receive four weeks vacation. D. Vacation shall be credited on the employee's anniversary date. E. Vacation shall be cumulative, if earned vacation is not made avail- able by the City during the year. Holidays occurring during an employee's scheduled vacation period shall not be charged against vacation time. F. The City shall make every effort to schedule vacations beginning the day an employee desires to commence such leave. Section 2 - SICK LEAVE Sick leave shall accumulate at the rate of one day per month reaching a maximum accumulation of 150 days. Unused sick leave to an employee 's credit, upon his retirement shall be computed at his current regular rate of pay not to exceed $3,500.00 and applied to the payment of extended health and accident, or life insurance, as selected by the employee. This option shall apply to retired employees currently re- ceiving the benefit by previous contracts. ARTICLE VII - BEREAVEMENT LEAVE Section 1 A. Where there is a death in his immediate family or in the immediate family of his spouse, an employee may be allowed a leave of absence with pay up to a maximum of three calendar days. B. The immediate family is defined as the spouse, parent, child, brother or sister of the employee; or, the parent, child, brother or sister of the spouse. It shall also apply to any other relatives living in the same household. C. Employees shall request such leave as soon as is practicable. D. The City may grant additional leave under this provision, if, in the City's discretion, such leave is warranted. ARTICLE VIII - PERSONAL LEAVE Section 1 A. Employees shall be granted three (3) personal leave days per year. Personal days shall be granted in order to allow an employee to conduct personal and/or family business which otherwise falls on a work day. Application shall be made in a manner similar to applica- tion for compensatory time off. B. Personal days shall be granted on a first-come first-serve basis, and employees shall make application at least five (5) days in advance, except where the situation -makes such notice unreasonable. j No more than one mah per shift may be granted such leave for any given day. C. Personal days are not cumulative from year to year. ARTICLE IX - SNOW EMERGENCY Section 1 Officers unable to report to work due to an officially declared snow emergency in Tompkins County or in any county in -,which such officer resides shall be granted the lost day off without any loss in pay or accruals, provided application for credit for the lost day(s) is made in writing to the Chief of Police within three days after the day (or last day) missed. If the Chief shall determine it was, within reason, physically impossi- ble for the officer to report to work, credit for the lost time as above set forth shall be granted. Should an officer disagree with such determination, he may appeal within five days to the Police Commissioners whose decision, if unanimous, shall be final and binding. If such decision is not unanimous, the employee or his representative may appeal the decision in accordance with Article XVI, Section 1(E) , providing for binding arbitration. Section 2 In the event inclement weather shall prevent an officer_ from returning home after completing his shift, the Department shall furnish such officer with comfortable and reasonable billeting for such period. Such accomodations may include (but are not limited to) billeting at Central Firehouse. ARTICLE X - LONGEVITY BENEFIT Section 1 Each employee shall receive in addition to his salary as set forth in Article IV of this Agreement, longevity benefits as follows ; Patrolmen, Sergeants, Captains Seven (7) or more years service $100/year ($105 in 1976) Ten (10) or more years service $200/year ($210 in 1976) Fifteen (15) or more years service $300/year ($315 in 1976) Twenty (20) or more years service $450/year ($472.50 in 1976) Meter Maids , Meter Men Fifteen (15) or more years service $ 50/year ($52.50 in 1976) Twenty (20) or more years service $150/year ($157.50 in 1976) Section 2 Longevity benefit payments shall be made semi-annually, (June 30 and December 30) . If an officer shall die, quit, or retire, payments under this provision shall be pro rata for the time worked during the year and shall be paid with the last paycheck due the employee. Section 3 The longevity benefits shall be based solely upon total years service with the employer, not service in a particular position or rank, and notwithstanding whether an employee is receiving a "maximum" salary as set forth in Article IV, Section 1. Section 4 For purposes of this provision, employees shall be entitled to receive longevity benefits if they have completed the required years service on January 1st of the calendar year. ARTICLE XI - HEALTH INSURANCE All employees of the Ithaca Police Department shall be eligible for membership in the State Health Insurance Plan. The cost of the Health Insurance will be paid 100% by the City of Ithaca. f ARTICLE XII - DUTY AND SHIFT ASSIGNMENTS AND. SENIORITY Section 1 - DUTY AND SHIFT ASSIGNMENTS The City agrees that in making duty and shift assignments, the seniority of the employees shall be taken into consideration; provided, however, that it is understood that the primary criterion for determining such assignments shall continue to be an individual 's ability and past per- formance in doing the work in question. Section 2 - SENIORITY Employee seniority shall commence on the date of his first hiring by the employer. Where members of a rank are appointed or promoted at the same time, the most senior officer shall be determined by positions on an appointment list. Leaves of absence, if without pay, shall not count towards seniority. r ARTICLE XIII - EMPLOYEE RIGHTS Section 1 A. In any disciplinary proceeding, employees retain all rights guaran- teed under Section 75 and 76 of the Civil Service I.aw. Section 2 t A. An employee shall have the right to review his personnel file upon good cause shown. The employee may be accompanied by counsel or his PBA representative. B. No derogatory material shall be placed in an employee 's personnel file without first giving the employee the opportunity to review and sign the document(s) ; provided however, such signature shall indicate only that the employee has seen the document(s) and not that he agrees with its (their) contents. An employee may insert a written response to such documents in his personnel file. C. Should an employee in a formal hearing be found innocent of alleged wrong doing, all peipers, documents and evidence used in supporc of that charge shall be removed from his personnel file. In :ivs place the employer shall insert a statement of the charge and the fact- that the employee was found innocent. If such papers, documents, and evidence are also used to support another charge for which an employee is found guilty or is at that time being used in a hereto- fore incomplete disciplinary action, the evidence shall remain in the personnel file. Section 3 - INTRA-DEPARTMENTAL INVESTIGATIONS Questions arising out of an employees conduct or the performance of his duty, which shall require investigation by superior officers , shall be conducted in the following manner. A. The interrogation of a member of the Force shall . be at a reasonable hour, preferable when the member of the Force is on duty, unless the exigencies of the investigation dictate otherwise. If the interrogation (or part thereof) occurs while the employee is off duty, he shall be given compensatory time for such period. B. Whenever possible, the employee involved shall be given advance notice of an investigation or interrogation. C. The member of the Force shall be informed of the nature of the investigation before any interrogation commences . Sufficient information to reasonably apprise the member of the allegations should be provided. If it is known that the member of the Force is being interrogated as a witness only, he should be so informed at the initial contact. D. All members of the Force shall be obligated to answer any questions concerning their conduct as it relates to their employment, except those which violate their constitutional, legal or contractual rights. E. The member of the Force shall not be subjected to threats of trans- fer or disciplinary action unless he refuses to answer proper questions as defined in Section (D) . The foregoing prohibition .against threats shall not be construed to prohibit the investigating officer from advising the member of the Force of the character of the discipline the department intends to impose nor from advising the member of the Force that if he refuses to answer proper questions, as above, he may be subject to additional charges. F. The complete interrogation of the member of the Force shall be recorded mechanically or by a department stenographer. There will be no "off-the-record" questions except by mutual consent of both parties. All recesses called during the questioning shall be noted in the record. If further proceedings are contemplated, the City shall so notify the individual and furnish the employee with a copy of the transcript on request. This clause is not to be interpreted in such a manner as to unduly burden a superior in the routine questioning of an officer with respect to the officer's conduct in the normal course of business. G. If a member of the Force is under arrest or is likely to be or if he is suspect or the target of a criminal investigation, he shall be given his rights pursuant to the current decisions of the United States Supreme Court and the law of the State of New York. -- H. In non-criminal cases where infractions are nevertheless of a serious character.- the individual shall have an opportunity to consult within 24 hours with his counsel and/or Association renra.- sentative, if he so requests, before being questioned. This c'.atise is not to be interpreted in such a manner as to prevent questi.oninn of individuals by superiors with respect to their conduct in the normal course of business. I. It is understood that the rights herein granted will not be u' ed to unduly delay the expeditious disposition of investigation; of conduct. ARTICLE XIV - CLOTHING It is the intention of the parties hereto that the clothing allotment hereinafter provided be administered as follows: A. Each Police Officer, Patrolman, Sergeant, Captain and Police Meter Woman of the City of Ithaca, New York, shall receive up to $170.00 per year and each Detective shall receive up to $195 .00 per year for the purchase, repair and alteration of clothing, by the presentation to the City Controller, a clothing order furnished by the Police Department, attached to a city Voucher. ` B. It is recognized by both parties that the Chief of Police, or his designee will have the final authority as to the type and quality of all clothing items. C. The items of clothing are to include all outerwear, hats, shirts, trousers, ties, coats, jackets, raincoats, shoes and overshoes, and any other items that would be required to meet uniform regulations set forth by the Chief of Police or his designee. D. It is further agreed by both parties, that any item of above described clothing, that requires bidding as may be prescribed by law, shall be let no later than January 15th of each year, unless mutually agreed to by the PBA and the Chief of Police or his designee. ARTICLE XV - WORKING CONDITIONS The employer shall notify the PBA at least seven (7) days in advance of any change in working methods or working conditions, except where such change is required because of an emergency or major disaster over which the employer has no control. i ARTICLE XVI - DISPUTES Section 1 A. Any dispute or grievance arising concerning the interpretation or application of the terms of this contract or the rights claimed to exist thereunder shall be processed in accordance with the following procedure. B. Such dispute by a policeman or policemen or other employee shall be presented to his or their PBA representative. C. In the event that such dispute is not resolved within one week from such presentation, it shall then be presented by the PBA to the immediate supervisor of said policeman. D. In the event that such dispute is not satisfactorily resolved or adjusted at the preceding step of the procedure, then the PBA shall present the same to .the Department Mead or his designee, for settlement. E. In the event that such dispute is not then disposed of, it shall be referred by 'either party to arbitration before an impartial arb iltra- tor, to be mutually agreed upon by the parties . In the event the parties are unable to agree upon an impartial arbitrator within the ten (10) days after the referral of such matter to arbitration them an appointment shall be made in accordance with the Arbitration Law of the State of New York. ARTICLE XVII - GRIEVANCES The parties mutually agree that any grievances not encompassed in Article XVI will be settled in accordance with the present Grievance Procedure for the City of Ithaca as set forth in Article V, Sections 8-81 thru 88 of the City Code of Ordinances. ARTICLE XVIII - RECIPROCAL RIGHTS AND MISCELLANEOUS PROVISIONS Section 1 A. The City recognizes the right of the employees herein to designate representatives of PDy to appear on their behalf to discuss salaries, working conditions, grievances and disputes as to the terms and conditions of this Agreement and to visit said employees during working hours. Such police representatives shall also be permitted to appear at public hearings before the Common Council upon request of the employees . B. The PBA shall have the right to post notices and communications on the bulletin boards maintained on the premises and facilities of the employer, subject to the approval of the contents of such notices and communications by the Mayor, his designee or such other authorized official. The Officers and Agents of the PBA should have the right_ to visit the employer's facilities for the purpose of adjusting grievances and administering the terms and conditions of this Agreement. C. Employees who are designated or elected for the purpose of adjusting grievances or assisting in the administration of this Agreement shall be permitted a reasonable amount of time free from their regular duties to fulfill these obligations which have as their purpose the maintenance of harmonious and cooperative relations between the employer and the policeman and the uninterrupted operation of Government. D. Employees who are designated to represent the police officers shall have the right to attend statewide conventions and meetings of the Police Conference of New York, Inc. in pursuance to their obligation as officers or delegates of the bargaining unit herein. Section 2 A. The use of the word "he" in this Contract shall apply to all employees covered herein regardless of gender. t B. The use of the words "Police Officers" and "Officers" as used in Article V, IX shall apply to all employees in the collective negotiating unit covered herein. ARTICLE XIX - FUTURE NEGOTIATIONS Section 1 o The PBA shall have the same rights afforded any other collective bargaii -• ing unit with regard to submitting demands and entering negotiations for a new contract. Section 2. The City shall inform the President of the PBA when demands are sub- mitted by any other collective bargaining unit for contract year 1977. PBA shall submit its demand within thirty (30) days of receipt of such notice. The City shall answer the demands within thirty (30) days. Negotiations shall begin within thirty (30) days thereafter. ARTICLE XX This Agreement shall become effective January 1, 1975 and shall terminate at the close of business December 31, 1976. IT IS AGREED BY AND BEU4EEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY A'�iENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. APPROVAL BY NEGOTIATORS: Chairman, City of Ithaca Chairman, Ithaca P.B.A. Dated a/� � -74 Dated 2 CITY OF ITHACA POLICE BENEVOLENT ASSOCIATION G f Mayor President Dated �.�-�2-'�'y Dated z9si X ^ Ln �D O it a m 00 o er Ln Q) w w w w +J O N Ln f- O w .-L X O ►� �D N Ln M %D Cd a ^ 1.0 n N M O., y w w w w w 41 O N eh n O H H H Ln Ln r-•1 r > qtf Ln fl- N M Ln M et .1 1-4 w N O N tt n O N H H > 00 M N r-L 1.0 M .-4 a1 00 M Q., M .-/ H m Ol � w w w • w 4J O N q �0 f7 En H 1-4 •-L H > Ln of N M et tt ¢ H 00 fl, Q) w w w a N O ID 0 0 ca w x c�. > o r+ M .i Ln O N Im 0� F Q z w > LZ H N 00 et o a n t° U y w w w 4J CA U O Q H H z to rt 00 N w w w > N t71 �O M W z w as H rUi p, M M O w 00- cii LT 1D w 0� H o rn Ln 00 O N y w w w 4J Q1 00 O 00 N O n Ln •r•1 O O �D 00 Q E O u a� f~ F � a� cdd +J Ld .1 Cd •� O O Ld k •••L �+ OO a+ a ac co G�i cd d ccdd tmw M. Ln U a N O dU td a I X M (%j 00 Im n r•-1 Ch y w + w w + +•� N � �D 00 r-1 cn .•� r-ti .-1 .•-1 > to et N Os Qt X r- % �) w + + w O 14 M %D 00 .q }J -4 1-4 r-4 En W a A + N .-4 N N \0 to X \0 \0 m 00 00 � M In F z gag v o� 00 c- O X v M O \0 ^ -- - • 4-) ri r-1 N n O U Cn O W F X O r•r N �O N z al r+ \0 Ln Ln Gt] ¢ •-i M Ln t- Ll n O W z P3 oa K w a� U 8 ►� O a v a > a� F, 4J U) F F+ O O 'O O ►7 A •r+ td ++ cd E O R X by O O td F+ ••+ ti oo a+ m x +.+ Fi a 4J F+ ed d cd O cd f I N d d0 cd M. _2_ Dece*.69 12,- 1974 By Alderman Slattery: seconded by Alderman Barber RESOLVED, That upon the recommendation of the Mayor the City Common CauncilE authorizes the payment for Hiliday time for Police Officers in accordance with tRe directive order of the Mayor dated December 12, 1974. Alderman Saccucci said considering everything regardless whether you pay them or what it is, approximately what is the amount. Mr. Hathaway said it would be approximately $5,000 to $6,000. Mr. Hathaway said there was a question whether or not some of the officers were on their day off and it fell also on a holiday during the time that they were on vacation. Mr. Hathaway said that is something that is best left to the administrative workings in the Police Department. Alderman Slattery asked if this could possibly reoccur next year. Alderman Gutenberger said it is in the new contract. It' CC Mr. Hathaway said that section was redrafted in the current contract. Alderman Boothroyd asked approximately what percentage of the yearly payroll of the c, Police Department does this amount to. Mr. Hathaway said approximately 1/10th of 1%. A vote on the motion was taken which resulted as follows: Carried Unanimously POLICE BENEVOLENT ASSOCIATION CONTRACT: By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That the agreement between the City of Ithaca and the Police Benevolent Association of the Ithaca Police Department effective January 1, 1975, be approved as recommended by the City's negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously (copy of P.B.A. contract attached to minutes) Mr. Mike Hathaway reviewed the provisions of the new contract and answered questions from the Aldermen. CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. CONTRACT: By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That the agreement between the City of Ithaca and the Ithaca Unit of the Civil Service Employees Association, Inc. effective January 1, 1975, be approved as recommended by the City's negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously (copy of C.S.E.A. contract attached to minutes) Mr. Hathaway reviewed the provisions of the new contract and answered questions from the Aldermen. Acting Mayor-Gutenberger commented that on behalf of Council he wished to thank Mr. Hathaway and Mr. Aboud for what he thought was an outstanding job of negotiating. On a motion the meeting was adjourned at 5:45 p.m. osep A. Rundle, City Clerk Edward Conleyy yor COMIl --WWCIL. PRGGMDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. December 18, 1974 RESENT: Mayor - Conley Aldermen (3O) - Barber, Boothroyd, Boronkay, Dennis, Gutenberger, Jones, Meyer, Saccucci, Slattery, Spano ABSENT: Aldermen (2) - Brock, Nichols OP!ERS PRESENT: Attorney for the City - Shapiro Fire Chief - Weaver Con troller- Daley City Clerk - Rundle Police Cbdef - Herson PLEDGE OF ALLEGIANCE TO THE FLAG: All present were led by Mayor Conley in the Pledge of Allegiance to the American Flag. All present remained standing for a moment of silent prayer in memory of Alderman Slattery's father-in-law. ifV MINUTBS: Mayor Conley asked for approval of the minutes of the December 4, 1974, meeting. a Alderman Eatery said in the resolution that was passed pertaining to the Town of Lansing *a tact, some of the considerations that were left out of the discussion that resulted in Council's action to direct the Board of Public Works to renegotiate a new contract were as follows: 1. Lack of Intergovernmental cooperation by the Town df Lansing officials, Alderman Slattery felt that came about by their not being advised that there would be a shopping conflict of that nature going up in that area and requiring water extension. 2. Imminence of the Bolton Point project. 3. Such growth was never contemplated in the Lansing Water District No. 1 and also the creation of a new Lansing Village. Alderman Slattery requested that this be added to the minutes of December 4, 1974. Alderman Boothroyd objected to the addition. Alderman Slattery said it was obvious that these considerations were left out of the discussion. Alderman Barber felt that if they weren't discussed they should not be added to it now. Attorney Shapiro said if there is objection to them being added to the last Council meeting they could be entered into the record as considerations of Council members at this meeting. Alderman Slattery requested that this be added to the agenda for the next Council meeting. By Alderman Barber: seconded by Alderman Boothroyd RESOLVED, That the minutes of the December 4, 1974, meeting be appro'wed as recorded by the City Clerk. Carried ADDITIONS. TO. THE AGENDA Alderman Boothroyd said the Director of the Youth Bureau, Mr. Cutia, has asked that Council include on the agenda the agreement with the Town of Ithaca where they contribute about $32.,300 to the Youth program so we can get state aid. this year. No objections were made. Alderman Meyer said the Commons Advisory Board has two recommendations which could be in the form of resolutions. Alderman Meyer said they do not have all the structure of the Board together yet, and the matters which are coming up which are urgent in the sense that they need to be acted on. l -2- December 18, 1974 TOWN OF LANSING WATER AGREEMENT: City Clerk Bmdjo reported that the letter as directed by the Council and by the Board of Public Works regarding the Town of Lansing Water Agreement has been sent and has a certified receipt that it was received in the Town of Lansing Town Hall. LETTER FROM COMMONS ADVISORY BOARD: City Clerk Rundle read the following letter: Memorandum To: Mayor Conley i From: Commons Advisory Board Date: December 18, 1974 j At the initial meeting of the Ithaca Commons' Advisory Board several matters of urgency were discussed and acted upon. I have been instructed to communicate two of these matters to you for immediate implemen'tatiotl. I would like to stress that the Board is Vety much aware of the importance of our charge and that we hope to always act in an informed and prudent manner on the issues that come before us. We are extremely pboud of what has been created in our downtown and we will do all in _ our power to make the Commons a Vital and responsive focal point of community activity. We submit the following recommendations to ybu, not as a precipitous act, but in the belief that some measure of control must be established immediately, before patterns, images, and precedents are established that %ay not be beneficial to the long-range operation of the Commons. Accordingly, we recommend as follows: 1. That police surveillance be provided by a 24-hour foot patrol, if possible, to secure the shopping area and guard against Vandalism and misuse of the amenities on the Commons. 2. That d moratorium be declared, by Council action or Executive Order, on the issuance of all permits for sale, solicitation, promotion, and advertising of any product, cause, or event on the Commons, except for those sponsored by nonprofit organi- zations, or` a government agency, and that such moratorium remain in effect until a : comprehensive policy on this matter has been established. We intent to work as rapidly as possible to complete background investigations on these and other matters related to the Commons. These two recommendations are, however, important interim measures that we feel should not be delayed. Thomas Niederkorn Chairman Pro Tem - Commons Advisory Board Mayor Conley commented that there has been some vandalism, and some bicycle riding, and solicitations on the Mall and they would like to have some certain. amount of controls on, Police Chief person remarked that he talked with some of the merchants and there is a problem which he will discuss with the Charter & Ordinance Committee about relating to the issuance of solicitors permits. Chief Herson said at the present time there is no matter of disapproving solicitors permits in that particular area; however, it should be considered. Mayor Conley commented that they are asking for a twenty-four hour patrol on the Commons and the Commons Advisory Board was asking that Council or Executive Order on issuance of all permits for sale solicitation promotion or advertising of any product on the Commons on a temporary basis until they can establish a policy and get a resolu- tion passed through Council. Mayor Conley said if this is within his perogative as head of the Police Department, if he should ask the Police Department under Executive Order not to issue permits on the Mall until they have an opportunity to develop that if that is sufficient then the Mayor would do so. The Mayor said also he would ask them what they would do about the 24 hour foot patrol. Police Chief Herson said the mention of vandalism is partly a break down in communizations between the contractor and city and themselves because they are not made aware of the acts of vandalism which they are talking about. -3- December 18, 1974 Alderman -Boo&poy<i-ca , _they hgve,,.,h&d.m0Xe._1han one person and less than ten express a desire for some sort of temporary lighting particularly the walkway between Green Street and State Street along old Tioga Street. Mayor Conley remarked that they have been working on the temporary lighting. , Mayor Conley also remarked that in developinI the Mall plans they were putting bicycle racks at all three entrances to the Mall, ani they are going to set up regulations on riding bicycles on the Mall. Mayor Conley asked that Police Chief Herson inform the officers to make sure the kids were asked to walk there bikes to the Mall and not ride on the Mall. Alderman Jones asked who was going to cope with the dogs, starting tomorrow morning. Mayor Conley said that the sub-contractor of White's Nursery who put in the trees and shrubs has informed the contractor that he would not be able to honor his one year guarantee on the trees and bushes if the City does not enforce the dog ordinance the dogs on newly planted bushes it can be disasterous. The Mayor said they are having a problem and are asking for some sort of policy of dogs. Alderman Mayer said it was discussed. She said it would seem to her that if they did have the 24 hour surveillance that this would help enforce the dog ordinance. lCL Alderman Jones asked if the city has renewed their contract with the SPCA. Alderman Slattery said the SPCA just made a report on the number of dogs at the last meeting. G Police Chief Herson said there is a limited agreement with the SPCA and he doesn't believe it is a 24 hour agreement, it is a five day 40 hour a week agreement. Chief. Herson commented that the Council should be aware of what this 24 hour coverage on the Mall entails." :He said the cost is roughly $70,000 a yeat to provide one man 24 hours a day for coverage for the Mall; it is expensive and they are trying to stretch out the men"they have now that have greater coverage in that area. The Chief said by the design of the Mall it is very difficult for one man to be ob aervant of that entire thing at any one time. Police Chief Herson explained that his matter of clarification here primarily was they are talking one man and many people think that this represents $10,000; they are talking roughly $70,000. Alderman Boothroyd said if they were to call the head 'of the SPCA and tell him that they would ,appreciate this specific thing done for the next couple of weeks, he feels they would be agreeable to do it, and at-least during the day the dogs would be hauled out of there. Alderman Slattery felt that it would be advisable if there was a recommendation from the Human Services Committee because they handled discussion in the past. Alderman Meyer requested that they have a communication regarding Police surveillance from Police Chief Herson on what is possible and what kind of support can be given to the Mall; maybe not around the clock but maybe some other alternative. Police Chief Herson said there has been a man assigned there almost full time for the last two months. TOWN OF ITHACA CONTRACT: Alderman Boothroyd said something that the Human Services 'Committee has looked at,. and approved, but not on the formal basis, and this is something which was approved by the Budget & Administration Committee. This is in regard to the contract with the Town of Ithaca for them tp pay the city $32,333 in the coming year for our providing development and recreation for the Town. iy Alderman Boothroyd: seconded by Alderman Saccucci 3E IT RESOLVED, That the City of Ithaca enter into a one year agreement with the Town .)f 'Ithaca for Youth & Recreation Services rendered by the City of Ithaca Youth Bureau in the amount of $32,333 and that the Mayor be authorized to sign the agreement. Carried PLANNING& DEVELOPMENT COMMITTEE PASSENGER BUS RESOLUTION AMENDMENT: Alderman Meyer requested that the resolution' of November 6, 1974, regarding passenger buses be amended by changing the number of buses. The resolution, as amended was presented as follows: -4- December 18, 1974 By Alderman-Meyer: seconded by Alderman Jones WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation project; and WHEREAS, the contract for financial .assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U. S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder: NOW THEREFORE BE IT RESOLVED, by Common Council of the City of Ithaca, New York 1. That the Mayor is authorized to execute and file an application on behalf of the City of Ithaca with the U. S. Department of Transportation, to aid in the financing of the purchase of 1 45 passenger bus, 2 33-35 passenger buses and one specialized vehicle for the elderly; design and purchase of a system of bus graphics, design and construction of four large heated bus shelters for downtown; purchase of small pre-fabricated bus shelters for other bus stops in the City; and construction of a new,bus maintenance and storage facility. 2. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That the Planning Director, is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. CERTIFICATE The undersigned duly qualified and acting City Clerk of the City of Ithaca, certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the Codmnon Council of the City of Ithaca held on December 18, 1974. Carried `°' MEETING DATE CHANGED: Mayor Conley requested that the Council change their next regular meeting, which is January 1, 1975, New Year's Day. By Alderman Boronkay: seconded by Alderman Saccucci RESOLVED, That the next regular meeting of Council be held January 8, 1975. Carried BOARD OF ZONING APPEALS APPOINTMENTS: Alderman Boronkay requested that the Mayor appoint two people to the Board of Zoning Appeals. Mayor Conley asked for approval of his appointment of Murray VanMarter and Gregory Kasprzak to the Board of Zoning Appeals to fill the vacancies, effective Jnauary 1, 1975. By Alderman Boronkay: seconded by Alderman Gutenberger RESOLVED, That the Mayor's appointments of Murray VanMarter and Gregory Kasprzak to the Board of Zoning Appeals, effective January 1, 1975, term expires December 31, 1977, be approved. Carried ATTORNEY FOR CITY REPORT SOUTHSIDE CENTER: Attorney Shapiro said pursuant to the direction of Common Council at the last meeting, he has written two letters to the Attorney for the Southside Center regarding the conveyance of that back parcel of land, and he has received no reply. BURKOWSKE VS. CITY OF ITHACA SUIT: Attorney Shapiro reported that Burkowske vs. City of Ithaca suit to cover possession of an abandoned vehicle was settle"nd--the •r G :qPY ��Gi'.NG t /)G, W �. ✓ ,fu/.,�u S LZn�cec G c s r r GEORGE A. NOLE & SON, INC. VS. STREETER ASSOCIATES CITY OF ITHACA_MAYOR_CONLEY: Attorney :Shapiro reported that the George A. Nole & Son, Inc. vs. Streeter Assoc. City of Ithaca Mayor Conley suit regarding the dasherboards on the ice rink that -5- nee ,,I3 k 1374 _.$,mater really-uR -t4gU. 4X t. A_in the matteZ-and t4mir°8tt*=ey8 essentially defended the whole thing. Attomey� Shapiro said the suit was With- drawn on the merits. The Attorney felt that the City should be very appreciative of the effort that Streeter did put forth, in the fact that they honored their obligations in the matter and did hold the City harmless. BUDGET & ADMINISTRATION COMMITTEE 1975 TENTATIVE BUDGET: Alderman Gutenberger reported that the Budget and Administration Committee has gone as far as it can and hopes that it has the budget in its final form. Alderman Gutenberger said it was their feeling that they did not want- to go through the time and effort of printing the whole budget up in mass and presenting it to Council having Council go through and possibly make changes and having it to be done over again. Alderman Gutenberger said the committee was asking that Council sit as a committee of the whole and go over what they were going to present and make any changes that the Council feels necessary. Alderman Gutenberger said those will be incorporated into the tentative budget. 1975 TENTATIVE EQUIPMENT LIST: Alderman Gutenberger reviewed the Tentative Equipment list and answered questions of the Aldermen. By Alderman Barber: seconded by Alderman Dennis c^ RESOLVED, That the authorized equipment list as tentatively approved here be accepted. G After discussion on the Council floor regarding several items on the list, a vote was taken which resulted as follows: Carried Unanimously 1975 CAPITAL BUDdtt:1 Alderman Gutenberger reviewed the' Capital Budget. WILLIAMS GLEN ROAD: Alderman Gutenberger reported that the Budget '& Administration Committee felt that very small portion 'of this road would serve the City and the remainder will go out into the Town and the lands out there are for development. Alderman Gutenberger said the committee's feeling was that whatever is to be done with that road and the portions that the town and the city are going to pay should take a lot more discussion as far as the city's share of that road. Alderman Gutenberger said the committee recommends taking it out of the budget and negotiating n further with the tow . Alderman Jones requested that the $16,000 for the Williams Glen Road be put back into the Capital Budget. By Alderman Meyer seconded by Alderman Barber RESOLVED, That the $16,000 be left in the Capital Budget contingent upon final arrangements being completed with the Town of Ithaca by final budget time. WEST HILL ACCESS ROUTE: By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, That the amount be left at $5,000 and nothing further be added to it and that the Planning Department be directed to produce something within this next year, in conjunction with the Intergovernmental Committee. Carried SOUTHSIDE COMMUNITY CENTER: Alderman Gutenberger reported that the Capital Review Committee suggests that $10,000 be included for the design of the Southside' Community Center. ' Contingent upon negotiations prior to March 1, 1975, consider funding and final 1975 budget. Alderman Gutenberger said the Budget & Administration Committee agrees 100% that these negotiations must be completed before they do go to the final budget. Alderman Gutenberger said they were not going to put the $10,000 in until the negotiations are done. Alderman Gutenberger commented that the Capital Review Commit-tee recommended putting it in and taking it out if they were not done. The committee's feeling was that if it was ii4iortant enough to do and since the Attorney for the City appears to have some trouble communicating with what the desires of the city are, that possibly we should not fund this until such communication comes forth and they are to work out satisfactory arrangements on both sides and they would include the $10,000 in the 1975 budget. Attorney Shapiro explained that the Southside Center building and the property on which it stands in owned by the City of Ithaca and the parcel of land behind the Southside Center is owned by Southside Center.' -6- December 18, 1974 After discussion on the-Council.,..,f-looz—a.vote was taken which resulted as follows: By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That the $10,000 for Southaide Center be left out of the 1975 Capital Budget, with the stipulation that it would be considered at final budget time, March, if all arrangements are worked out satisfactorily between both parties. Carried STEWART PARK DUCK POND: Alderman Gutenberger explained that the information the Budget & Administration Committee has is that the $20,000 needed to do the project is still in the Stewart Park Commission Fund. Alderman Gutenberger said the Budget & Administration Committee suggests that it be done contingent upon the money being there and to pay the City back. Alderman Gutenberger said if that $20,000 was not in the fund it should not be wiped out all together but it should be checked upon whether there is any state of federal monies available for this type of things whether it be through pure waters act or through whoever it was. Alderman Gutenberger, said the feeling was that if the money was not reimbursable on $20,000 and if there was not other state or federal monies available then it should be taken out for this year. Alderman Gutenberger suggested to leave this in tentative upon the city getting their reimbursement. CASS PARK POOL & LIGHTS: Alderman Gutenberger said the request that came to the Budget and Administration Committee from the Capital Review was to put another $30,000 into it to construct it go get that account up to its total. Alderman Gutenberger said last year revenue sharing allocated $10,000 to the Youth Bureau for a showmobile; this year the request came in again for an additional $10,000 for that showmobile, bringing the total cost up to $20,000 for that showmobile. The Budget and Administration Committee discussed that and felt that $20,000 was a lot of mopey for a showmobile, so they did not approve the additional $10,000. Alderman Gutenberger said by not approving that it also means that you do not use the first $10,000 obviously because you haven't bought the showmobile. Alderman Gutenberger said the other request that came through revenue sharing was for lights at Cass Park and the ball field for an additional $15,000. He said $10,000 was allocated last year for these lights, contingent upon softball associations and the other groups that were involved, contingent upon them raising the balance to get them done. Alderman Gutenberger said the money has not been raised and the committee decided not to fund the additional $15,000 for those lights; that leaves another $10,000 allocated last year which has not been used. Alderman Gutenberger said the Budget & Administration is suggesting is to take the two $10,000 items apply those to the Cass Park Mini Pool, apply that to the $30,000. Alderman Gutenberger said that they were suggesting is to fund that with another $10,000. Alderman Gutenberger said the difference between $65,000 in the Capital Review Committee $75,000 as it appears is that $10,000 of that account was already for lights, so the account was $45,000 not $35,000. He said it was $45,000, $10,000 of which was lights which brings it down to $35,000. It was suggested to take the funds from the showmobile and the lights and then wait until final budget time. By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That the 1975 Capital Budget as presented be approved. Carried Unanimously Chairman Alderman Gutenberger declared a recess at 9:50 p.m. Council reconvened at 10:00 p.m. SUMMARY OF BUDGET BY FUNDS-TENTATIVE BUDGET FOR 1975 SALARIES: Alderman Gutenberger explained that the Budget & Administration Committee's original recommendation was that the City Judge should be paid more than the City Prosecutor. Alderman Gutenberger said he had received a letter from Mr. Mulvey, dated December 16, 1974, suggesting a minimum salary of $20,000 for the City Prosecutor. Alderman Gutenberger said the Budget & Administration Committee's recommendations were that the City Judge's salary be increased from $10,000 to $13,000 and the City Prosecutor's salary be raised from $8,000 to $13,000. >_ . -7- December 18, 1974 CITY PROSECUTOR SALARY: AldprmaTM �Gutenberger--said the Budget & Administration Committee came to the conclusion that the amount of work that is getting done in City Court was what the city was paying for, the $8,000. Alderman Gutenberger felt that it is a general concern of this Council that the Housing and Building Codes be enforced and various ordinances be enforced much more strongly than what they are now. He said indications to them were that the amount of money being paid right now is not enough to spend enough time on it to enforce these other regulations. Alderman Gutenberger said the recommendation is that the City Prosecutor be raised $5,000 in salary from $8,000 to $13,000; however, that is contingent upon that these other concerns of Council and all codes and ordinances of the City of Ithaca will be vigorously prosecuted. Although Council -could not probably do that in the budget he thought that would require a separate resolution if Council went along that line of thinking, if the Council does reaffirm its position and direct the City Prosecutor to handle what would appear to be an increased work load for the extra $5,000 to spend more time on the job and do more prosecution. Alderman Meyer asked if some of the excuse for not supporting certain ordinances is that there is not enough time. CC Alderman Gutenberger said that the reason it is not being done is that the person ttv is not being paid adequately enough to spend that much time on it. Attorney 'Shapiro said he has spoken with Mr. Hines and Mr. Mulvey and also Paul C Tavelli and the City Prosecutor's office to function even without the zoning violation cases seems to take anywhere from 60 to 75 hours or so a month. Attorney Shapiro said a lot of that time is spent with operational cases because the City Prosecutor's office does not have the investigative staff. Attorney Shapiro explained that if you divide 70 hours a month whatever figure you come up with you find that the.hourly rate is quite low in the City Prosecutor's office ` `Attorney Shapiro said it was €elt' however in committee that at the beginning of- the present term that the experience of 1973 in enforcement of zoning ordinances there'wefe two ways to do it; one is by civil remedy, which he would take care of as Attorney for the City but that takes forever and a day; and if you have a•zoning violation you don't want to wait around a matter=of months to get some compliance. Attorney Shapiro said the other 'way is to just to go right into Court so call criminal side of things violation of the ordinance which is punishable by fine and that seemed to have gotten a lot better results. Attorney Shapiro said Council did hire-Paul Tavelli to prosecute a couple of these and Mr. Curry had prosecuted about four of them. Attorney Shapiro said Mr. Hines stated that he would be doing this at the beginning of the term b ut ,the pressures of the office seem to have kept him from doing it, so• the committee felt that if such a raise were contemplated, $5,000 it should be spelled out but whatever tiie is required to take care of these zoning violations and any other violations should be spent whatever it is. Attorney Shapiro felt that it is certainly an added load over and beyond the usual traffic tickets, misdemeanors and the type of thing that the City Prosecutor handles. Attorney Shapiro said the provisions requiring the City Prosecutor to presecute those -cases are all ready in the Charter and Code, that is where it is supposed to go. Attorney Shapiro said the problem is Chat the part time position as it stands when you 'pay somebody $8,000 a year and you ask him to do about 70 to 75 hours worth a month you reach a point of diminishing returns and the person just is not going to put out that much. Attorney Shapiro said the feeling was that, one the salary as it stands now is low to what he is�dll`ready doing; two that if we do give him more money it will be with the understanding requirement that'he doithe complete Job. t Alderman Gutenberger said the original discussions they had were strictly preliminary discussions over whether or not the salary should be raided at all, on the original budget request. Alderman Gutenberger said from there they refined 'it and come up with a figure. Alderman Gutenberger said the committee is accepting what the Council has said and they are going to make sure that they do it. Alderman Gutenberger felt that it is very clear that,for more money you will be able to do more work, he can afford to leave his own practice more often for more money. Alderman Gutenberger said they will give the raise-ba6dd`upon the arguments they give and they also have the obligation to fill those duties as out- lined in the Charter. Alderman Meyer said the conversations they have had has -to do with things like the dog ordinance, so in terns of quality can we define that quality, with that salary is there any way of saying this is making a farce out of the dog ordinance. -8- December 18, 1974 Al _felt-tbat-you could refind it further, with mandatory office hours. Attorney Shapiro said there is an area that Council cannot tred on and that is the discretionary powers within the office itself of the City Prosecutor. It is discretionary within his office whether to prosecute a certain case or not, that is not what we are talking about, we are talking about whether or not he is going to handle zoning cases for instance at all. Attorney Shapiro said if a particular zoning c4se comes along in his discretion he determines for any number reasons that it should not be prosecuted, it is not up to this Council to direct him to prosecute, that is a power that is inherited in his office. Attorney Shapiro said Council can require that he carry out his requirements under his office itself. Attorney Shapiro said he believes he just has not been able to get the zoning cases and hasn't done them. Alderman Dennis suggested that the City Prosecutor be asked to record or keep a log of the activities of his office. Attorney Shapiro said he spoke to him about that. Attorney Shapiro said the way his office works is he writes down everything and so dces everyone in the office and he provides the city with a monthly compilation of the number of hours he spent and he hasthe backup what he did for all those hours. Attorney Shapiro said the current City Prosecutor does not work his office that way; he finds it to -- be a burden that he is not willing to accept to keep track of all his time for that job. Alderman Barber asked if the City Prosecutor is having cases that possibly should be handled by the District Attorney. Attorney Shapiro said he didn't think so. He felt that the City Prosecutor is doing a very good job in the criminal law area. Attorney Shapiro said that the question Alderman Barber seems to be raising is really whether or not we should have a City Prosecutor. Attorney Shapiro said if there was not a City Prosecutor all the functions now carried out by his office would be absorbed by the District Attorney's office and it would be their problem to take care of it, but there is a realm of things he can't do and it has been custom in this county for a long time that felony matters get grabbed right out of City Court after the preliminary hearing. Attorney Shapiro said preliminary hearings on felony matters the District Attorney's office handles them. Misdemeanors, unless they are very serious misdemeanors, are handled by the City Prosecutor. Alderman Slattery felt that the law has been mininterpreted about raising elected officials salary while he is still in his term of office. Alderman Slattery said Attorney Shapiro communicated to the committee that a persons salary can be raised during his term of office but it can't be lowered. Attorney Shapiro said he indicated that if they were to lower his salary the provisions of mandatory referendum come into play. If you increase the salary then it is subject to a permissive referendum. Alderman Slattery said the Council felt that the salaries could not be raised during the term of office. By Alderman Slattery: seconded by Alderman Boothroyd RESOLVED, That this matter be laid on the table. Carried ALDERMEN'S SALARIES: Alderman Gutenberger said the committee felt that the Aldermen now are required to do a lot more work than have been in the past. Secondly by going from 14 Aldermen down to 10 Aldermen, in theory each Alderman would be doing that much more work. Alderman Gutenberger explained that the original figure they came up with was to take the unused portion of the four Aldermen that they no longer have as of next year and divide that amongst the remaining 10 Aldermen,which broiightc the figure up to $2100. Alderman Gutenberger said one ex-mayor spoke to the Council some months ago recommending the salary of $2500; the present Mayor spoke to the committee recommending a salary of $2500. Alderman Gutenberger said they are recommending $2500 and the end result was that it has been seven years since the Aldermen had a raise and the committee felt possibly to give it a bigger shot this year and leave it alone for another six or seven years instead of every year adding a little bit more to it. -9- December 18, 1974 Mayor Conley said what he-would-like--to do in support of asking for the $2500 pay to the Aldermen, he would also like to suggest that he thinks next year it is going to be almost a necessity to us. The Mayor said we now have the better communities act, this is something that the Mayors and elected officials have been asking for -from the federal government under the new federal plan to each decision make it to the local government instead of having HUD tell us how to develop our cities. The Mayor said the federal government has responded and have created the better communities act. The better communities act puts the sole responsibility of that money on the Mayor and Council. The Mayor said almost every time monies are to be spent it will require Council action. Mayor Conley remarked that it will be most important next year that Common Council will be meeting twice a month, to handle these problems. Alderman Slattery said there are many people who are not employed in this area at the present time and this has to come out of the taxpayers money eventually; the homeowner ends up paying the raises of the Aldermen's and Mayor's salary. Alderman Slattery's feeling was that it would only be a gesture but at least it would be perhaps somewhat of a meaningful gesture to not increase their salaries that much in a single year. Alderman Slattery suggested an increase to $2100. Alderman Barber said he agrees with Alderman Slattery wholeheartedly because with everything they have to do`he doesn't know how they are going to justify another $4,000. p A vote was taken on the committee recommendation of increasing the Aldermen's salary from $1500 to $2500 which resulted as follows: AYES: 6 - Boronkay, Spano, Boothroyd, Dennis, Saccucci, Gutenberger NAYS: 4 - Jones, Meyer, Slattery, Barber Carried By Alderman Boothroyd: seconded by Alderman Boronkay RESOLVED,' That this matter be laid on the table. Carried MAYOR'S SALARY: Alderman Gutenberger explained that the end result of his committee's discussions was first of all the Mayor's salary should be raised; the primary difference was on the amount. Alderman Gutenberger said the two figures that seemed to be the most prevalent was $15,000 and $18,000. He said the committee took a vote which resulted in 3 in favor of $18,000 and 2 in favor of $15,000. Alderman Saccucci commented as one of the Aldermen who was in favor of the $15,000 he was sure they all recognized the great effort and the great deal of time that the Mayor'is spending in order to accomplish what is essential for the community; more time than a part time mayor requires. Alderman Saccucci said they all recognize this great work load and this is the only reason why he feels a $15,000 salary is justifiable at this time. He also felt a $3,000 increase at one time plus a $3,000 expenses is a very substantial raise for a mayor to recive from a city of this size. Mr. Saccucci commented that he has always maintained that an increase of salary should be done gradually and according to merit; this is the manner in which one always can get better results. Mr. Saccucci said he still maintains this position; consequently he is recommending to Council a $15,000 salary for the Mayor. Alderman Dennis said he supports the $18,000; number one because of some of the things that any Mayor is going to have to do. Alderman Dennis felt that when you are asking a person to go out in the local community and statewide community and meet with so called heavyweights of these organizations, you should have someone who can spend more than part time. Alderman Dennis said he thinks we should have a Na.yor that can afford to work like we want him to do and to be able to do that you have to be able to earn some money. Alderman Meyer said she would support the $18,000 because she thinks the Charter has a strong Mayoral position and as it spells it out she thinks the strong Mayor also helps bring about a strong Council. Because the Charter is so complicated she felt that the strain that rests in that office becomes even more important. Alderman Meyer said this salary does help guarantee a stronger Mayor. Alderman Barber said as the City Charter spells out now the Mayor and the way he serves his office he serves two years as a strong political animal and unless we change our Charter for the Mayor, his duties, his term of office he can't support any raise. -10- December 18, 1974 Ra=nkay..aa1d he-has-9--w-d on Council for almost-six years and he sat through three Mayors and he wants to take the personalities right out of the mayorship. the Mayor conditionally has been a part time job, a businessman in the city mostly; he had outside interests completely., Alderman Boronkay said that when he first came on Council he believes it was $8,000 then it went to $12,000 and he feels that it still is a part time job. To go to $18,000 in his opinion means that we should decide and go and hire a person to do this job; a person that is very capable and that knows the laws, knows the ropes and know what he is doing. Alderman Boronkay said they are talking right now of whether to be a mayor council relationship or an executive council relationship. Alderman Slattery said the mayor's position is really not spelled out as a part time position in the charter or a full time. Mayor Conley has certainly treated it as a full time position. Alderman Slattery said he wasn't sure that perhaps future mayors wouldn't treat that in the same light; however, there is a possibility that some mayors want to continue with their private businesses and maybe only spend 2 or 3 hours a day in City Hall. Alderman Slattery said he was wondering if they were going to establish a figure of $18,000 for the Mayor's salary. Mayor Conley is worth it probably more than that really for what he has done for the city. Alderman Slattery said it is an honor to be mayor and there are a lot of responsibilities..- Alderman Slattery said he has the same feeling that he had with the Aldermen's salary. We are faced with the situation that many people are unemployed and to raise the Mayor's salary to $18,000 in one single year he feels seems incredible. Alderman Slattery said it certainly would not be beyond the scope of possibility to review that salary from year to year and he thinks that is one of the reasons they have gotten into trouble in the past. Alderman Slattery supports the $15,000 figure. It is a reasonable amount of increase in one single year and perhaps take Mother look at it next year when they find out more about the recommendations from Mr. Dickinson and C. W. Robison Company. Alderman Slattery said he supports the $15,000 figure. Alderman Gutenberger said they are not raising it $6,000 in one year; they are recommending a $6,000 raise over a five year period, it has been five years since the Mayor's salary has been adjusted. Alderman Gutenberger said that this Council really has the responsibility of setting the guidelines that this city is going to undertake in the next few years and it appears by all indications that the city government is going to get more complex and they are going to be requiring the Mayor to be performing more and more functions. Alderman Gutenberger feels that Council has a responsibility to insure the citizens that we attract a qualified person to do those items and those duties which we require. Alderman Gutenberger said he can foresee attracting a qualified individual for $18,000; he has his doubts of whether $15,000 is going to attract the type of person that they would want to even run for the position. Alderman Gutenberger thinks the person that does run for mayor has to very realistic look at how much time he can spend and for how much money. For $18,000 he thinks most candidates would run for it knowing that it was primarily a full time; but certainly it is 75% time job. Alderman Gutenberger feels that for $18,000 quite a few people could say yes they could afford to put that much amount of time in; for $15,000 there will be a lot of serious questions on who can afford to do that. Alderman Gutenberger said that the Budget & Administration Committee was unanimous that they tighten down on what exactly the mayor is expected to do and if in fact they are gqing to ask the mayor to become involved then it should be in writing at least a policy some place so any candidate will know what is expected of him. Alderman Gutenberger introduced Mr. Dickinson who has been working on this particular area. Mr. Dickinson said it would be totally improper for him to comment on any particular figure which the Council was considering. He said any administrative code that he would suggest to anybody would have a very careful delineation of the duties of the mayor and they would not in any way contravene the charter. The charter simply says in effect that he is the administrative head of the government. Mr. Dickinson felt it was very wise that Council do not make the st��1=lation that the mayor shall have no other employment; the primary reason be'-.:-.- that the time may come when you will run out of candidates for mayors who are _3_ts individual entrepreneurs who can afford to get away who are real estate agents or insurance agents or people like that. Mr. Dickinson said he knows of three cities who have mayors who are middle to upper executives and IBM. IBM is perfectly glad to give them leave of absence every day from 1:00 on. Whereas they would not give them a leave of absence to give their full time to this with the way things are always written is he shall have no other employment. Mr. Dickinson urged Council not to get into that but rather stay flexible and leave -11- December 13, 1974 your market.-open. Mr. Dickinson said he would be glad to speak to what they see as some of the increased duties-of-thew -mayor, as the result of events your govern- ment becoming more complex as the result of the community development act and as a result,of the things which they have been looking into in the city government. Mr. Dickinson ventured that 75% of this meeting has been taken because adequate staff work was not done upon these things. Mr. Dickinson said most of the questions that were raised tonight and talked about this way back and forth are things that sometimes in our professional work we have had to face and we have had to develop a formula for investigating them and those things can be done by staff people. Mr. Dickinson said it simply wasn't fair to Council to take your time for that sort of thing. Mr. Dickinson felt that as a result of these other situations coming together is first of all going to make the mayor in reality the administra- tive head of the government. Mr. Dickinson said true he will follow the recommenda- tions that Council will get formally from them as the machinery cycle turns will be probably after the first of the year for the usual process that is of course be referred to the Charter and Ordinance Committee. Mr. Dickinson said they will specify 15 or 20 functions for the mayor. Mr. Dickinson said it isn't the job of this Council who are policy makers to have to get into these things that they got into tonight. Mr. Dickinson said there are a dozen places where have this mayor C,. through an administrative code which spells these things out had he been operating r„C under that with the assistant that they will recommend, the Council could then t1 hold him responsible instead of feeling that one of the Council is responsible or that no one is responsible. Mr. Dickinson said there have been things that Ghe knows that have been kicking around for six years and getting no place with respect to economic development and the tax base which are terribly real to the welfare of this community and are a responsibility of its elected officials but that is not the kind of an issue that the Common Council can handle. It can make policy decisions but there has to be someone to go to New York and twist,somebod3ts arm to come here and expand or locate. He said the one person in the city govern- ment who is elected by all the people who can do that is of course the mayor. Mr. Dickinson said they will make recommendations to Council. Mr. Dickinson said the present budget process by which you�in effect go; thiough and'. twice as much as you would need with a single budget; if not twice as much certainly 175°%, as much as you would need with a single budget is unnecessary to a good result and it runs counter to the general trend any more. Mr. Dickinson said most of the other people who are seated in the Council chairs around the country are doing very nicely with a single budget, the operating budget, and it would be in their language an executive budget. The executive would present it for your consideration. The Budget Committee would do all the things it does now but only once a year instead of twice. Mr. Dickinson said the assembling of that budget would go beyond what your present budget officer does by way of justification, so that it represented truly what they call an executive budget. He said they will present Council with a recommendation along those lines. Mr. Dickinson said as he examined the process of the capital budget with considerable care because it is not`well organized at present and because one of their charges was to think about community development act and somehow work that into the government process. Mr. Dickinson said they realize that there is a lot of staff work to be done on these capital projects that you need people who are living with this thing every month of the year, and who will get these projects worked up so that your capital-•program review committee should have at least 75% of the proposals coming before it in such shape that they don't have to go out and ask any more questions. Mr. Dickinson said the capital program review committee is a policy committee, its not a staff committee, all six people on it are from boards and 'they are policy instruments, not staff. Mr. Dickinson, safd because they think it is so important that the mayor should be the chairman of that interdepartmental capital budget committee to take these things and watch over them for the time the department makes an initial request and you are never going to get them to work it up properly until it goes to the capital review committee in such shape that they can take those and act on them without having to go further. Mr. Dickinson said he hasn't found anyone to 'criticize really, he found a system that didn't think was good at all. He said the thrust'of-all this is that the mayor is going to have a different kind of a job a more time consuming job than he has had in the past. Mr. Dickinson said they will lay before the Council in the administrative code that they recommend these specific responsibilities that are his and merely reflect flushing out the charter in the light of present cor.:-:,_ions and on the terms acceptance which you'can pass upon and in- effect hand to the mayor as his job merely by local law. Attorney Shapiro felt that Mr. Dickinson has certainly spoken to the increased respomsibilities-of the mayor coming up in his administrative code that he is reconnnending and also just by the way things are going to be working out with respect to the CD funds and various other things the mayor is going to have to be doing. -1 - December 18, 1974 Attorney Shapiro felt that it is becoming more and more obvious that even if it is not called a full time commitment-then it -prohablq should not bey it doesn't require a full time commitment. Attorney Shapiro said in his experience the position of a chief executive officer or any officer especially higher up in rank, you are going to get what you pay for. He said the increase that is being talked about whether it be $15,000 or $18,000 are you really talking about what amounts to a drop in the bucket. This city has a ten million dollar budget. It is a tremendously complex animal. Literally ten perhaps even hundreds of thousands of dollars can be won or lost depending on the direction that the chief executive officer sets for the city with cooperation of Common Council. Mr. Shapiro said if you put it in that perspective the increase doesn't seem so great especially when it is considered over five years. Attorney Shapiro said you have to take a look at what the executive payroll of this city is, and realize that as chief executive officer of this city the mayor is one of the lowest paid executive positions in this city. Attorney Shapiro felt that is shocking when you have other executives and even some deputies who are making more than he is. Attorney Shapiro wondered whether the job requirements for those positions even come close to what the job requirements are for the position of chief executive officer. He said he wasn't only talking about time, but expertise. Attorney Shapiro reminded Council that any increase in the salary is of course subject to the permissive referendum. Attorney Shapiro said he would certainly support the $18,000 figure. Alderman Barber suggested amending the charter to make the mayors term from two to four years. Alderman Barber felt that if you are going to pay the man $18,000 you have got to increase his duties or outline his duties more, give him a longer term of office so he can feel that he can get in there and do the job without having to worry about next year he has to get out and campaign again. A vote was taken on increasing the Mayor's salary from $12,000 to $18,000 which resulted as follows: AYES: 5 - Dennis, Meyer, Gutenberger, Boothroyd, Spano NAYS: 5 - Boronkay, Barber, Saccucci, Slattery, Jones Tie vote "" By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That two local laws, one with a $15,000 figure and one with an $18,000 figure, be laid on the table. Carried Alderman Gutenberger explained that the Budget & Administration Comiiitoa is recommending a contribution from the Water Fund to the General Fund in the atdunt of $50,000. Alderman Gutenberger explained that it has been since 1968 since the water rates have been raised. It was pointed out that the water fund reserves are very low at the end of 1975 it is anticipated that the reserves will be exhausted and a rate increase will probably be necessary in 1976. The committee's feeling was that that reserve should not be allowed to be depleted before they contemplate raising the rates. The committee feels the rates should be raised now, and protect ourselves for the future. By Alderman Boothroyd: seconded by Alderman Barber RESOLVED, That this matter be laid on the table. Carried 1975 TENTATIVE BUDGET: By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That the 1975 Tentative Budget for the General Fund, Water Fund and Sewer Fund in the gross amount of $9,303,892 as presented and recommended for adoption by the Budget and Administration Committee be and it is hereby approved and ratified in all respects with the various amendments made at this meeting. (copy attached to minutes) AYES: 6 - Spano, Boothroyd, Dennis, Slattery, Barber, Saccucci NAYS: 4 - Boronkay, Jones, Meyer, Gutenberger Carried ATT*)TT: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the bills audited and approved by the Budget & Administration Committee in the total amount of $102,006.93, as listed on Audit Abstract X12-1974 be approved for payment. Carried By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the Budget & Administration Committee be empowered to approve and audit for final payment any final bills for 1974 as may require such action. Carried -13- December 18, 1974 MORATORIUM ON 'HIRING: By Ald,eEWa,_,Gut:enberger: seconded by Alderman Jones RESOLVED, That a moratorium be established on- hiring new personnel in all depart- ments, and that new positions requested in the 1975 budget will not be approved without review by Common Council. Carried LETTER FROM N.Y.S. PARKS & RECREATION: Mayor Conley read the following letter: City of Ithaca Ithaca, New York Gentlemen: Lehigh Valley Railroad Complex, West Buffalo Street and Taughannock Boulevard, Ithaca, Tompkins County, has been carefully reviewed for its significance and was recommended as a site worthy of inclusion on the National Register of Historic Places by the State Board for Historic Preservation. We shall now prepare the nomination fora for submission to the Keeper of the �. Register in Washington, D.C. You will be notified by letter when the site is officially entered on the Register. 1^ If any questions arise, please feel free to contact me at the above address or call (518) 474-0479. Sincerely, Ellen T. McDougall Research Assistance Division for Historic Preservation Mayor Coney said the whole Council was in favor of the Station Restaurant as a historic site, and it was so designated. The Fire Chief has been terribly concerned about the freight station for a long period of time and the Board of Public works has been asked to advertise for anybody who is so interested in such a worth monument that they can have it. Mayor Conley said there are bids for the demolition for that particular facility. That facility is in the proposed corridor for the new highway. Attorney Shapiro pointed out that in this letter they hadn't filed their nominating form and it has not been designated a landmark and the city has not been notified that it is a landmark. Attorney Shapiro said if the city waits and it is designated a landmark then there is a possibility of injunctions issued preventing the city from tearing it down. Attorney Shapiro said there is quite a lengthy process involved to get it undesignated a landmark so that the road can be built over there. By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, '.That the Mayor in conjunction with the Attorney for the City be authorized to take any and all steps deemed necessary to forward the concerns of this Common Council. Carried F. CLARK HAMLIN OATH OF OFFICE: F. Clark Hamlin was sworn in an Alderman of the old seventh ward for the term January 1, 1975, to December 31, 1975. On a motion the meeting was adjourned at 11:55 p.m. 09900"_00-1 0 4c �" _ Jolseph A. Rundle, City Clerk Edward J. Anleg, Mayo