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HomeMy WebLinkAboutMN-CC-1975 COMMON COUNCIL PROCEEDINGS City of ITHACA, NEW YORK Regular meeting 7:30 p.m. January 8, 1975 PRESENT Mayor - Conley Aldermen (12) -, Barber, Boothroyd, Boronkay, Dennis, Gutenberger, Hamlin, Jones, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS PRESENT Controller - Daley Acting City Judge - Barrett Chamberlain - Wright Police Chief - Herson Attorney Mulvey Supt. of Public Works - Dingman Planning Director - Van Cort Clerk - Rundle Fire Chef - Weaver PLEDGE-OF ALLEGIANCE TO nE FLAG All present stood and were led by Mayor Conley in the Pledge of Allegiance to the American Flag. MINUTES onle Mayor C ttJ y y asked for approval of the minutes of tre December 18, 1974, meeting. By Alderman Barber; seconded by Alderman Slattery d RESOLVED, That the minutes of the December 18, 1974, meeting be approved as record- ed by the City Clerk. Carried Alderman Slattery asked that his request for additions to the minutes of the December 4, 1974, meeting be deleted. Alderman Jones asked why the Council minutes-do not reflect more fully what the Council members have to say in relation to issues discussed on the Council floor. City Clerk Rundle said that they could be done verbatim and make the minutes about three times the size they are now. Alderman Slattery remarked that it is probably difficult to incorporate into the minutes all of the conversation that takes place between all of the Aldermen, the Mayor and the City Clerk and the Attorney. If this were to be done the minutes would probably be four inches thick. Alderman Jones appreciated the fact that everything Alderman Slattery said probably cannot be incorporated but wondered as a matter of public record whether some of the points brought out which are very good by the Council members should not be included as a matter of public record. Mayor Conley suggested that when the Aldermen receive their minutes and see things like this they should bring it to the Clerk's attention or from the approval of the minutes that maybe those corrections should be reflected in the minutes if they are important points. Mayor Conley said years from now when someone pulls out a 2Tsolution passed by Council certainly they would like to have the reflection of *hot the thoughts of Council were. AIdetifian Jones said that since these are the only legal record of what went on in the meetings it seems to her that even though it may be cumbersome and heavy and the Aldermen might even have to come and pick these up themselves that it is part of the legal record. City Clerk Rundle remarked that with some of the weaker voices on Council, without microphones these was difficulty picking up some of the conversation. Clerk Rundle said that sometimes when Alderman Jones does not use.a microphone it is very difficult to pick her voice up; if she used a microphone like Clerk Rundle used it he said he would be glad to quote her verbatim. Clerk Rundle said he does have some difficulty with Alderman Jones voice and with Alderman Meyers voice some- times on the microphone it is difficult to pick it up. Clerk Rundle said he would attempt to do better if they wish to try and get all their comments verbatim. The minutes now are much more detailed than they were in the past. -2- Alderman--Saccucci asked if there-wa:e some-way of saving the recordings of each meeting. Clerk Rundle remarked that a library could be set up. The tapes now are used over and over; but if the Council wants to create a library it could be done. Mayor Conley felt that if the Council as they remember their meetings as they read . over their minutes, if there are points that would like to have included in the official documents he felt that they should bring them up when the minutes are approved. Mayor Conley didn't feel that a library would be necessary; an accurate minutes of the meeting would be important. Alderman Boothroyd said that Alderman Saccucci's suggestion had some merit but felt that he was creating more problems than they were solving. COMMLU ICATIONS Letter from Mrs. John Lewton: Mayor Conley read the following letter: Mayor Conley January 7, 1975 Common Council City of Ithaca Ithaca, N.Y. Gentlemen: We people on the Commons are very much concerned about the dogs running loose on State Street and in the city. There is a dog ordinance but it is not enforced. Why? ' They even tie dogs to the new trees while they go shopping or eat. The dogs are digging up bulbs and the merchants have to police and guard them as no one else seems to protect them or care. Also no one is guarding the Commons at night. Perhaps if one of you sat on a bench ,_<.. and watched at night, you might -get a few surprises. You really need a beebe gun. Please may we have protection of our investment. Cordially, Mrs. John Lewton Letter from Ithaca Downtown Business Women: Mayor Conley read the following letter: Honorable Edward Conley, Mayor January 6, 1975 City of Ithaca 108 East Green Street Ithaca, NY Sir, As you, more than anyone else is aware, the effort to get 'The Commons' to become a reality has been a great one. It would be most dismal if 'The Commons' was: now allowed to fall prey to a negligence that threatens its attractiveness. This negligence concerns a lack of authoritative responsibility in the matter of permitting dogs, leashed or unleashed, to roam at will and threaten the lives of the trees so expensively planted within 'The Commons' area. We, as the 'Ithaca Downtown Business Women' , wish to express our concern in this matter and hope you will bring to the attention of the SPCA, which is the proper agency to cope with this problem, the potential defiling of one of 'The Commons' attractions. Yours truly, Ithaca Downtown Business Women Ruth Shaw, Pres. By Alderman Meyer: seconded by Alderman Nichols RESOLVED, That these letters be referred to the Charter & Ordinance and Commons -3- Advisory Committees. Carried Alderman Slattery asked if this was a proper matter for the Environmental Coih- mission to; consider. Alderman Dennis remarked that he called the new director of the SPCA and his feeling is that he met the problem head on, because he wQg downtown shopping and a bunch of dogs came by and he really didn't go for that. The director's feelings were that he'w�' g€sing to have some wardens make a sweep through there a couple of times a dg3r and;,he asked for some cooperation as far as it in effect the wardens did give so called tickets out, that possibly some of those people would be prose- cuted for the ordinance violation. The director's feeding was that he would cooperate if the city would cooperate. Alderman BoothiMoyd felt this might be properly from committee but is a formulation of the set of rules like no dogs, no licensing, no running; that type of thing may. consider being posted at the end of the mall. Mayor Conley advised Council that the Board of Public Works did pass interim C*' regulations on the mall waiting for some further clarifications; it is prohibiting riding bicycles, vending without permits, operating a vehicle other than emergency 1 vehicles, city owned vehicle without a permit issued by the Superintendent of x Public Works and posting of bills, notices, taxes, Etc. The Board purposely stayed away from the dog situation ,just because we had the SPCA contract coming up; it is actually a policy type of thing. Mayor Conley felt that they shouldn't have ap- pearance tickets, the dogs really have to be picked up. The whole procedure of fines and whatever all has to be looked at again. Alderman Meyer felt that no ordinance is effective unless the process that you build which compliments that ordinance works. Alderman Meyer recommented again that there be one police guard that could pick up the dogs, and until that is half possible she didn't think any dog ordinance is going to be effective because of the timing element. Alderman Barber didn't think the dog ordinance is going to work until the City Judge enfo*t*es it. Practically every case that has gone before the Judge has been ALOnitsed bed&Us*e `tle feels the law cannot be enforced. Alderman Jones asked, in addition to the ordinance, is it not possible that the Council can make some kind of plea to the people in the community. Alderman Jones said she was downtown lest Saturday afternoon and found two dogs tied to one small tree; they were tied by people who were working in the stores. She felt this was ridiculous. As d douncil member and as someone who has asked people to put money into that mall it seems to her that Council might make a plea to the community for this place which has been developed for this community. Mayor Conley felt that they should not put signs up at the entrances to the mall with a list of don'ts and a list of do's and signs all over saying you can't do this and you cm It do that. It should be publicized to let people know. Mayor Conley said he wanted a recommendation from the Mal). Steering Committee maybe to Council if Council wants to take action saying that dogs will not be permitted on the mall. Mayor Conley felt that these letters should be referred to the Charter & Ordinance and Mall Steering Committees. PERSONS APPEARING BEFORE COUNCIL William P. Sullivan - 310 Taylor Place: Mr. Sullivan came before Council as a result of a study which he has done with respect to certain provisions of the zoning ordinance. Some preliminary research has shown and suggested that certain portions of that ordinance may not pass constitutional muster. Mr. Sullivan called these matters to the attention of the Council so that Council can made Whatever changes it deems, appropriate in the ordinance. The provisions that he refer specifically to relate to the permitted uses in the R-3 and the B-1 districts. Mr. Sullivan made the following comments: Under the R-3 district permitted uses include medical facilities which by defini- tion under the zoning ordinance include doctors offices and dentist offices and among other things hospitals and sanitariums, etc. However, other professional uses such as attorneys, such as architects, engineers, accountants are not permitted. -4- Mr. S611ivan suggested that a change be made in the ordinance first of all defining the t6ft professional offices as being a place of business of a lawyer, engineer, auacbl+Act and accountant and then adding to the permitted uses on a R-3 district tht-use of professional offices. Then a deletion would have to be made to delete from the definition of home occupation the lawyer, engineer, architect, accountant and possibly insurance salesman or real estate broker. Mr. Sullivan said he would be happy to meet with any committee of Council or any member of Council to discuss the matter; in all fairness he indicated that he may have some personal interest in the outcome. They are attempting to utilize premises presently in an R-3 district as an office for attorney. He mentioned that so that Council could put the request in its proper perspective. Mr. Sullivan said he would have copies of his memorandum available to the Council members if they wished. By Alderman Slattery: seconded by Alderman Barber RESOLVED, That this matter be referred to the Charter & Ordinance Committee and the Planning Board. Carried Stephen Brock Resolution: By Alderman Dennis: seconded by Alderman Jones WHEREAS', Stephen Brock served the City of Ithaca as Alderman from October 3, 1973 thru December 31, 1974, and WHEREAS, Stephen has served the City of Ithaca faithfully and diligently during during his term of office and has voted objectively with the best interests of the citizens of Ithaca in mind. NOW THEREFORE BE IT RESOLVED, That this Common Council does hereby express its formal and sincere thanks to Stephen for his civic services as an Alderman, and BE: IT FURTHER RESOLVED, That a: copy of this resolution be spread upon the minutes of this meeting and that a copy thereof be presented to Stephen. Carried Local Law No. l of 1975: By Alderman Gutenberger: seconded by Alderman Slattery Local Law No. 1 of the Year 1975 City of Ithaca A Local Law Increasing the Salary of the City Judge of the City of Ithaca BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Increase in Salary of City Judge of City of Ithaca. Commencing on January 1, 1975, the salary of the City Judge of the City of Ithaca shall be increased from $10,000.00 per annum to $13,000.00 per annum, said increase not to be actually paid to the City Judge of the City of Ithaca until the effective date of this local law as set forth below. 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 24 of the Municipal Home Rule Law. Alderman Hamlin asked under what authority the salary can be made retroactive. It wag his understanding that they cannot be• made retroactive. Alderman Hamlin also asked how this could be done without a public hearing. Alderman Gutenberger advised Alderman Hamlin that what they were doing is what they have been instructed that they have to do to comply with various laws that are in question. Alderman Hamlin's understanding was that a local law cannot be acted on until after a public hearing. Alderman Gutenberger thought this was a public hearing; it had to lay on the table for seven days; and was subject to a permissive referendum. Alderman Boronkay said it was not advertised as a public hearing. Alderman Gutenberger..asked if these questions were asked of Attorney Shapiro. As a new member of Council, Alderman Hamlin said he has not asked Mr. Shapiro, but was sure that a local law cannot be passed without a public hearing. Alderman -5- Hamlin was unaware that these local laws have laid on the table for seven days. Alderman Jones said she asked Controller Daley whether it could be made retroactive. Controller Daley commented that he took the question to Mr. Shapiro and actually with the local law it does not become effective until it is filed with the Secretary of State. The law says that commencing on January 1, the salary shall change that the law itself which includes that commencing of January 1 will not be effective until it is filed with the Secretary of State. There are processes that have to go t#dough to reach that plateau. Mr. Shapiro's intent as he states it commencing on January l is the local law; Section 2 is that it become effective that their salary will commence on January 1 when it is filed with the Secretary of State. Alderman Slattery read from the new code book regarding notice of public hearing on proposed local laws; "This notice must be published within 10 days after presenta- tion and at least five days before the date of the public hearing, which must be held within 20 days after presentation". Alderman Nichols said the public hearing is held after the law is passed. CL tIr Alderman Hamlin said he was sorry to bring`this up but appreciated the veto powers and a public hearing has to be held but he did not believe and wished it could be Q confirmed by the Attorney tonight, who was absent, that any action can be taken by this Common Council until after a public hearing. Mayor Conley assured Alderman Hamlin that there have been in the past public hearings after the local laws were passed. Mayor Conley said the public hearing must be advertised five days prior to the that public hearing. Controller Daley explained that, whether it is legal or not he did not know, normally they do lay on the table or are mailed and are passed by Council and then advertise for a public hearing and the Mayor holds the hearing. Controller Daley felt that it was primarily for his benefit whether he vetos or doesn't veto this and once he executes and in this case there is the feature of the permissive referendum, wait for petitions and then file it with the State. Controller Daley said this has been the procedure in the past. Attorney Mulvey's interpretation is that if you have a local law the law is first advertised then a hearing is held, following the hearing the Council tikes an action. Attorney Mulvey phoned Attorney for the City, Shapiro and further varified it with former City 'Clerk and was told that the Council was following the correct procedure. Alderman 1,arber commented that he is going to vote against this law and this raise and all rai# tonight on the basis of economics. With people being said off, people out of vork d business going down hill, Alderman Barber felt that they 'should sage every penny they can for the taxpayer of the City of Ithaca and he cannot see increas- ing their burden anymore than the present; therefore he is voting against this law. Alderman Hamlin was assuming that what was said is that these laws are not retro- active, qnd asked if this was correct. Alderman Gutenberger said that the assumption that they have been going on is these laws are 'leop as written and the dates are January 1. Alderman Gutenberger explain- ed 'that it id 16-6t really retroactivity because these were passed and laid on the table before cfanuary. If you go by the January 1 date it is not retroactive since the law Vould become effective January 1 assuming that all legal procedures have been met. If that haw does not go into effect until February 1 or March 1 whatever it, is, then you might;be talking about retroactivity. Alderman Hamlin asked if these people would be paid back from January 1. Alderman Gutenberger explained that this has been the intent all along in drafting the larks, assuming that is the legal way to do it. Alderman Nichols said she intends to vote for this increase because she does not believe that working for the city should be a charity activity or a hobby on the pert -6_ of someone who wishes to do it. She felt that the city should be able to' eommand the services of the most capable people, and if we have excellent judges they .should be recompensed for theUme and the thought and the consideration that they are giving.' There is inflation everywhere else and she supposed that you do have to stop somewhere. Alderman Nichols could not see depriving the taxpayers of first class services and being economical in a way that it really is foolish in the long run by depriving us of the best brains and the best abilities that are available. Alderman Slattery explained that the three local laws that have been drafted are drafted as local law number 1, local law number 2, and local law number 3, of the year. 1975. In November of 1974 the Council tabled action on two local laws that were drafted, in 1974• They were tabled for action at first regular meeting in January. The two local laws, however:-1,were numbered 5 and 6 of the year 1974. If Council were to take action of these first three local laws and then bring up local laws number 5 and 6 of the year 1974, actually they would be local laws number 4 and 5 of the year 1975. Alderman Slattery asked how they would go about this change. Alderman Gutenberger assumed that these local laws are numbered in,thg* order of action upon this Council; in 1975 this happens to the the first l ev Oft' this Council has taken action on. Alderman Hamlin commented that the way some aivaidipalities gti Around that'-Is to call this local law introductory number 1 because this might be up for a permi§sive referendum and again it might not. Alderman Gutenberger reported that the Judge was either qt ated in the naWm"' er or quoted on the radio stations and the Judge asked Alderman Gutenberger to m Yery clear to the Council and the press that the comments he heard and read wexe i his sentiments, as he was trying to express them. The Judge''s feeling was that in the press 'and newsmedia that he appeared to be dissatisfied with the `sra,%V, He is very much just the opposite; he is more than willing to serve the eity- ice his pnt capacity for any amount of money; he is not dissatisfied with the salary thatxU being discussed. The only thing that he was not completely satisfied with U",-fte ,wmangement of the committee final came up with of equal pay between thft. ty pn& vecutvr and the city judge. However, he does realize that in his aitzal he submitted to the Budget & Administration Committee that he did )a the two figures the same in the budget. The Judge wants the Council to be ass-tired pbLat she has no qualms about his., salary and the only point of confusion is_ �&rity be-6 tuft City Judge and the Mt'r Pfosecutor. However, he does realize that Is the 1isy acted it originally. Al k6il call vote was takth on Local L*4 No. 1 which resulted as tc ows: Ayes - (11 ) Slattery, Meyer,AlsiIiih,',;Spahbo NtdcUeci, Jones. Dennis, Nichols; Boronkay,..Boothroyd,' erltierge'r Nays - (1) Barber Ckarried Lifting from Table Vote: By Alderman Gutenberger: seconded by Al-Wer-maft Slattery RESOLVED, That these Local laws be lifted :frottii the table. Carried Local 'Law No. 2 of 1975: By Aldermen .Gutenberger: seconded by alderma.0 S1dttery Local Law No. 2 of the Year 1975 City of Ithaca A Local Law Increasing the Salary of the Aldermen of the City of Ithaca BE IT, ENACTED by the Common Council of the City of Ithaca, .Neer 16rk, as follows : Section 1. Increase in Salary of Aldermen of City of Ithaca Commencing on January 1, 1975, the salary of the Al-dermen of the ;City' of Ithaca shall be increased from $1,500.00 per annum to $2,500.,00 per annum, ;aabj increase not to be r ctually paid to the Aldermen of the City of Ithaca until the '6&ectiVe date of this local law as set forth below. Section 2. This local law shall take, effect lipon its being daily filed in the office of Secretary of State subject to the,provisions of Section 24 of the M,minlpr.l. Home Rule Law. � 1 Alderman Boothroyd commented that he has no trouble at all in his own mind Justifying or rationalizing as to our worth $2500; .however, he doesn't think that is the point. As Alderman Barber said that it doesn't take a clairvoyant person: if he has a couple of years, and see that we aren't in exactly in for good times as far as our economy is concerned. Inflation and loss of jobs bear es- pecially hard the lower income groups and the people who are on fixed income. The Council is supposedly the policy makers of the City of Ithaca and as the policy makers one of their obligations is to look after the financial affairs of the City of Ithaca. In so doing keeping the tax rate within reason for the City of Ithaca, Alderman Boothroyd felt that if Council is asking the staff for a freeze on hiring, asking the staff to hold the line to look at expenses that take alter- natives that puts them in a rather ludicrous position, and if we are going to increase our salary by 60%, Alderman Boothroyd said he Would have to vote no on this. Alderman Gutenberger explained that this has been discussed in committee every year as long as he has been on Council and it has never gotten to the Council floor. Whether they were for it or against it, most of the members of the committee felt that Council should have at least the opportunity to take some action on it either positively or negatively. It has been seven years since the �e Aldermen's salary have been raised. Every year they seem to say it isn't the year to do it. Alderman Gutenberger said he didn't know what year is going to be right; the eighth year is right or the ninth year is right or the twentieth year is right. However, they do know that they have gone from 14 Aldermen down to 12 and now they are going down to 10 very shortly; the job is becoming increasingly more difficult and more time consuming. Alderman Gutenberger felt that they have to look at this job not as themselves sitting in these chairs tonight but those who will sit in these chairs in the next elections. With the economy the way it is it is going to be very difficult to attract qualified people to come down here and sit and spend the time in committee and all the responsibilities that have been added upon this Council unless they get some type of consideration for it. Alderman Gutenberger strongly felt that $2500 is a much more attractive figure to a qualified individual than the present $1500. The final argument that was made in committee was that this should not be at least the' Aldermen's salary should not be the type of thing that is bandied about every year. They finally decided to increase it fairly substantially this year and hope they could forget about for another 6, 7 or 8 years. Alderman Hat'zlin said he could not bring himself, when 130 people were laid off at Morse Chain, to vote himself a raise and that he was going to vote against this raise. A roll call vote was '„aken on Local Law No. 2 which resulted as follows : AYTS: 7 - Boronkay, Dennis, Gutenberger, Slattery, Saccucci, Meyer, Nichols NAYS: 5 - Jones, Hamlin, Barber, Spano, Boothroyd Carried By Alderman Gutenberger: seconded by Alderman Slattery RESOLVED, That Local Law No. 3 be lifted from the table. Carried Local Law of 197. 5: By Alderman Gutenberger: seconded by Alderman Boothroyd Loca�`Lk 1Vo. 3­6r the Year 1975 City of Ithaca A Local Law increasing the salary of the Mayor of the City of Ithaca BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Increase in Salary of Mayor of City of Ithaca Commencing on January 1, 1975, the salary of the Mayor of the City of Ithaca shall be increased from $12,000.00 per annum to ,$18,0o0.00 per annum, said increase not to be actually paid to the, Mayor of the City of Ithaca until the effective date of this local law as set forth below. 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 24 of the Municipal Home Rule Law. -8- Alderman Saccucci said his statment regarding the Mayor's salary is still unchanged. He still feels-that $15,000 salary an increase of $3,000 over the present $12,000 salary is a very- substantial increase. This is based primarily on present performance and then future greater mayors and responsibilities. This is a recession period; this is a period when people are struggling for survival. Because this action is subject to public referendum, it is Alderman Saccucei's feeling only that the taxpayers of this community might be more inclined to comply with the smaller increases and he doubts it very mush if they would condone a more exorbitant increase. Alderman Saccucci said $15,000 is a justifiable salary and it is fair to both the office of mayor and to the taxpayers of this community. Consequently, Alderman Saccuci is recommending the $15,000 to the Council. A roll call vote was taken on Local Law No. 3 which resulted as follows : AYES: 6 - Meyer, Slattery, Dennis, Gutenberger, Nichols, Boothroyd NAYS: 6 - Saccucci, Hamlin, Spano, Jones, Boronkay, Barber The Mayor's Aye vote broke the tie. Carried CITY PROSECUTOR'S SALARY: By Alderman Gutenberger: seconded by Alderman Dennis WHEREAS, The Common Council is charged with fixing the salary and terms of payment of the City Prosecutor by virtue of Section 2.10 of the Ithaca City Charter, and WHEREAS, The duties of the office have increasedthe time required to carry out the duties of said office, and WHEREAS, The Common Council wishes the City Prosecutor to carry out all the duties of said office to the best of his ability and to vigorously prosecute all zoning, building, housing, and other code violations referred to his office, it is hereby RESOLVED, That commencing January 1, 1975, the salary of the City Prosecutor be increased from $8,000.00 per annum to $13,000.00 per annum. Alderman Jones stated that strictly in terms of a job which perhaps this Common Council doesn't know how to evaluate in terms of time and not because she wishes to pick on one particular position. She further stated that she is going to vote for this raise, but she has real questions about how you change salaries in mid stream; when one does take a position one basically is expected to abide with what charter said. In terms of what the Council understands, in terms of what the prosecutor in the City does, that if the person involved does not feel that Council is partier,la.r.ly asked for something for this person it might be very helpful for us to know how this person stands in time. She wondered if that --not Fit, iu,reasonable request, so that they can better evaluate it whether they allocate money to this particular job the next go around; and she doesn't know how this will be done; she doesn't know whether the prosecutor feels this is unfair. She also thinks that the City should perhaps should be looking to another way of handling this matter in City Court; whether this particular job should in fnc-t be part of the District Attorney's office and she wondered how they ca.r, rca.11y evaluate this if they don't know how much time it is taken, so if there is any way of getting at this kind of inf�rmat.ion she feels that this would be very helpful to Council. Mayor Conley wanted Mr. Mulvey to comment a minute. Mr. Mulvey made the following comments: Mr. Mulvey had the job of City Prosecutor from July of 1962 to March, 1967, so he has some little experience in it. During that time he watched the work just increase by leaps and bounds, and left the office and watched it increase more; the arre4ts for narcotics the increased use of radar, the shoplifting situation; he persopally sympathize with anyone that has the job. You can go in fresh and alert �p the morning at a quarter to nine and you are just hit with a deluge, and he thinks that the time that a city prosecutor is actually observing court is just a small part of the iceberg. As soon as he goes back to the office the police are paling the taxpayers are calling about dogs running loose, bad checks and it's A 241` Amur job. With his experience all night your rest is interrupted by par toplar problems that may be very pressing and the police are asking advice of h t to do and it's just a 24 hour job and it becomes more complicated all the time as the increased demand on protection of individuals rights. The job is well _9-• worth that figure and he knows Mr. .Hiaes and as a matter of fact..he replaced him in 1962 when he ,was .city prosecutor. He expressed in a letter to Council back about a month ago about his concern that Mr. Hines be granted the salary which was commens a teew4h his regponsib.ilLties and hiS duties because it is .just an overwhei3ning situation.' `Now to apswer the question whether it should become a of the D.A. office, he doesn't think so and the reason for that is that there Wm many violations of law which pertaiw'strictly to the City. The City Prosecutor becomes.;,very familiar with the Ci<ty C.ode.,and he has instant recall on many si'ti4 lions; in addition he is inMCity C6U t every day, he develops a repertoire with the police, unless he had oue .partieular :Distriet Attorney to handle it, it wouldn't be available, and Mr. Mulvey was 'also in the District Attorney's office so he can speak on that subject, but hethinks '°they have a good situation here; and it should continue and it's...a completely overwhelming ,job in his opinion. Mr. Mulvey thanked- Council. Alderman Hamlin di.ti_not quite: go atong with :the arguments because he doesn't see the advantage of the City Prosecutor over a District Attorney assigned to City Court. Mr. Hamlin called the City,-Court, they do not'prosecute any cases in City. Court, he called the District Attorney and they do not prosecute any eases C� in City Court. The taxpayers of the°-,C ,ty: of Ithaca are paying taxes to the County to provide service for the Cit�t.Court and many many states and the citys in this state, the District Attorney' dges prosecut­Lll felonies and misdemeanors in the City Court r and he sees absolutely no reason why we 'should be double taxed paying for a City CProsecutor and a Distri-tt Attorneyr; .,fie's not suggesting that we do away With the City Prosecutor but h6:-is suggesting,'that we do as the Charter calls and let the ..�.D.A." prosecute those cases;: in. Cjty ,Court which he is authorized by law to prosecute and that we leave the salary as it-is,. . By Alderman Hamlin: seconded by Alderman Barber` RESOLVER, That the above mentioned motion be amended to say that the City Prosecutor's duties be restricted in accordance with the Charter. Alderman 'Gutenberger thought that the resolution was very clear, which says that the City Prosecutor carry out all the' duties of said office; how much .clearer can you'do. Alderman H&Ulip commented that he believes that th'e `City' Charter says that the City Prosecutor-'shall conduct ail prosecution° of crimes and offenses cognizable by the City„Court of the City of Ithaca except such crimes and offenses as it may be the duty” of the District Attorney to prosecute'. Nov they should allow the D.A. office to pf6sed�te,th6tt cases. Am6r,maA (ktenberger stated that Alderman: Hamlin had two' things there and the first is that the word is ":may" so that,I don't know how this Council can determine; that is between the'G.ty D.A. and City."Prosecutor. Alderman Haan corrected him by saying "shall". ' Aldermen lWenberger thought he said may, and further stated that but still the resolutirsjn'says, and he doesn't know how much better you can make it, that he has got t,o dm . carry out all the duties of said office, now if that is one of the duties t4en pie are reconstructing what we mean by carry it out and he thinks that .j ,. an amendment i s .just redundant. Alderman Boronkay asked Mr. Hamlin to explain himself a little bit further on 2 exactly what t is would do if:t-he resolution was adopted. A1defmaii'Hamlin answered that the basis,of t,tis`'resolutioh is the increased work, ­`add he is suggesting that Council turn. ever. a portion of that work to the District Attorney's office which by law must prosecute in- the City Court if he is asked to Mayor Conley added that they have the acting City Judge, William Barrett, with them present at the meeting and said they are dealing now with an amendment to this resolution on the prosecutors salary that would state that the prosecutor shall follow the City Code howerer it allows where it said the D.A. 's offices Would come in to prosecute. Alderman Hamlin stated that the City Charter says that the City Prosecutor shall conduct all prosecutions but crimes and offenses cognizable by the City Court of Ithaca, except such crimes and offenses as it may be the duty of the District Attorney. _ o- Alderman Gutenbe- der asks.', for a correct reading on vbe-;her it is may. shall, Alderman Hamlin went through it again with it being the City Prosecutor shall... and as it may be the duty of the D.A. He then asked vho is to define the difference, between may and shall. Mayor Conley dented that he-is asking for an amendment to the prosecutors salary resolution that would set up a situation where the District Attorney's office would be responsible for duties that are not called for in City Charter. The Mayor asked the question is this tbuacil getting in"Ived in judiciaL process in CitT Court and if it,is k* voild rather they did not. Acting dity. jingo, WJIUan Barrett, commented that any type of an ameaftet4t like that vovld ,bo,superfluous. He stated that he might agree as to whether the District Attorney, should. provide coverage for County Court and City Court and the law actor ly man4s.' that the District Attorney is responsible for the prosecution of all comes including violations of local municipal ordinances in all the courts of the 'County; am resolution by the Cbunci.l here, he is trying to `affect vhat the.District Attorney does or does not do; his opinion would be Inappropriate now hit thinks if the Council its to move in that direction they will have to take some baler` action then trying to tack it on to some sort of a salary. The Distridt ;Attorney doesn't handle all the felonies in City Court now; we have felony prosecutions all the time, they have arraignments all the time. The City Cciurt has no Jurisdiction over felonies. They handle all the misdemeanorp but the District Attorney does not prosecute siojewsonors, but the City Prosecutor handles ;a all the misdemeaae rs Vbiah are handled in his department but they have', a substantial part of the business to their court bet ase the arraigement of felonies within the City and the holding of felony hearings in the City Court over which the Cit ` Prosecutor has no jurisdiction at all because the Disstmict Attorney is in their ��fice. Alder Hamlin asked if there is aW war'k the Oom y District Attorney should be doing which is not being dome. 1` Acting City Judge Barrett rsplied yes. Aldeft6n Ran]In stated that he is not suggesting that they tell the District Attoft ay to io anything, he is saying that we vIU to longer do it. ftur anity salted if this is up to the District Attorney or is it appropri tit We Council tape that 'type of action. J11fte Barret remarked that this is a big decision as to whether or not you are &bird& to have a .city prosecutor or not; that is not anything your decide tonight., re are obviously two sides t« that question; you can argue both ways. ,Alderman Samlin said that he does not suggest that we do away with the City Prosecutor in any way. Judge Barrett said he doesn't see how the Council can pass a resolution directing. the District Attorney to take the action In City Court; he sloes handle everything he should handle in City Court to the extent that he does appear in some of these hearings, now 'here has been a substantial ar*ment between himself and the Djatric; Attorney's office in the past when they vent to arraign somebody on nights or weekends they vould have somebody from the District Attorney's office there, but that's another issue, and in his opinion when they arraign somebody in City Court in the morning they should have the District Attorney ever there because it is his case and he hat to follow it through, he has to make decisions but whether the District Attorney does or does not properly handle that funtion has nothing tq do With what the City Prosecutor does and he has no control over that vhatooever; it is a Court that is used by both the City Prosecutor and by the District. Attorney's office and they have up to now maintained their functions entirely, separate. All he is saying is that the District Attorney does.have Jurisdiction to come in and proa.ecute cases them if be wanted to or in affect that when he asks the office of City Prosecutor. Mayor Cor*ey asked if he is really the Chief enforcement officer of tha County and he could come in. Mayor Conley asked for any other discussion on the amendment. Alderman Hamlin read his.�amendmenb that stated that- they delete the phrase.-. starting with resolved and this be replaced with the phrase that the City Prosecutor restrict his duties to those`thit are prescribedin the City Charter, Attorney Mulvey stated that here;is-1. e ;Situation,.'you have concurrent 3urisdietion between the City Prosecutor and tbe,.'3 is.j Ft- Attg4meyf s office. The City Prosecutor is charged with the enforcement .agdR-prosecution (&all crimes exc felonies, 'that is misdemeanors on down, those e h s: duties prescribed by tht Charter. Those are the duties that he is presently enforcing, now�it is true that the District Attorney not only handles felonies but if it was imposed ow him or negotiated th 'L he ,could handle all crimes 'in the pity of Ithaca. At the present time the City Prosecutor and he both have concurrent jurisdictioh for all crimes and violations of the law up to felonies, and`'wheu it comes to felonies the City Prowec,s.$oi has no kmore Jurisdiction. It is a known fact, at least ft6m his experience that{ the bistrict Attorney's office does' not have the staff %b cover City Court. As a matter of fact he is strained to cover City dourt just on ,feIlonies but that is the situation and when you ask the City Prosecutor'to'be restrained in his duffles to only those crimes or enforcement of law as set forth he is charged with the enforcement of all misdemeanors on down the same:+as the District Attorney. is. . Mayor Conley called for a vote on the amended motion that resulted as follows: AYES: 1 , Hamlin , x NAYS:ll Amendment Defeated D _ The Mayor asked for,.any discussion pf the mai,P motion and a vote..thato°resulted as follows: AYES: 11 NAYS: 1 Hamlin ,.� . Carried ACTING CITY JUDGE'S SA ,ARY: By Alderman Gutenberger: seconded 'by Alderman Boothroyd WHEREAS, The Common Council has heretofore-_set the rate.,of compensation: o.P•_:the As,Ung City Judge of the: City of Ithaca at. $3,Q¢4.00 per,;annum, and WHEREAS, The duties of the office have required increasing` time in the recent past, it is hereby RESOLVED, That the compensation of the Acting City Judge of the City of Ithaca be increased from $3,000.00 per annum to $4,000.00 per annum effective January 1, 1975. Carried MAYOR'S APPOINTMETS: Mayor Conley asked., t�_Duncil's approval of William Barrett for Acting City Judge.. for a term of one year. .By Alderman Barber: seconded by Alderman Spano RESOLVED, That William Barrett be appointed Acting City Judge for a term of one year effective, January 1, 1975. Carried OATH OF OFFICE WILLIAM BARRETT: Acting City Judge William Barrett took the Oath of Office as administered by City Clerk Rundle. ACTING MAYOR: Mayor Conley asked for nominations for Acting Mayor. By Alderman Boroakay:- seconded by Alderman Saccucci RESOLVED, T: st Alderman Anne Jones be nominated for Acting Mayor. By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That Alderman John Gutenberger be nominated for Acting ieyor. By Alderman Boronkay: seconded by Alderman Slattery RESOLVED, That the nominations be closed. Carried The Aldermen voted by secret ballot which resulted as follows: 6 votes for Jones 6 votes for Gutenberger -1.2- .a tie -sake_, .-th the .,layor caeting onevote i:,r John Gutenbsrger as Ac-ti &Mayor for 1975• AL'.CTERRATE ACTING MikYOR: Us"r e'Y asked for uminstions far Alternate Acting Mayor. By AldsrMan Hoetbreyd: seganded by Aldwoms 6 ofter POSOLVED, That Alderman Slattery be nominated for Alternat* AcUng Mayor. By Aldermaw Bay►:ftay: afto ►del by Alderman Imber RESOLVED, Tbst Alderman Jones be nominated fr` Aster Aeting MNVOr. By AlAermsA Jones: seconded by Alderman Sa6err REvOLVZD,j Oat the saminstion&be cloead. Carpled The Aldermen voted by secret b&Uot uhich reswe34e4 e0 fal-:owe 6 veteec for doses 6 wrote for Slattery The tie vote was broken with the Mayor eaatiaa o*vote for Alderman Slattery for Alternate Acting Mayor. Sia'EARI1 Alderman 04tetOer itf MA Alder ft4ttery took the Oath of Are for Acting Mayor and Alti rW to J"g Mayor etc aft4sisteftd-by City Clierk AxnU ~. COMi�RtICAZ'.�ON3 FRtiit T� APlpai 8 MUM-NG AP iO�VAI� Ma /o1► o t l ey aslesi QwMea to spp"wo the tb3 owing appointment it BOARD OF IL1C XM gjHff.VjLt—d: Be!: Ralph 26342al reayypointment I yeat tfm 2'90 2sty street empties 1213L/77 Iths,"i New Y ft By AiAerWm Ei4mis t stk ►Atd A k fare FR OLVBD, That f lets 63o i reappointment or Sri 9"* SAM4i at 8 towtooleftor to the Board Of Elie Works be approved. Cas'rted Wilber Baker reappointment 3 year term 306 Utica Street expes 12/31/77 Ithaca, New York By Alderman ]barber: seconded by AAderman 8 1s BMLVXD, 1hat the Mayor"a rho poiutment of 9LIber labor tltt Wilms Dowd of Electricians be approved. C+arriet EXAMINING Bt3ARD OF 52M: William McGee 3 year terse Master Plumber expires 12/31/77 111 Cobb Street. Ithaca, New York By Alckrman lerankay: seconded 'by Alderman.Better RESOLVED, That the appointment by the Mayor of Wiliam McGee to the Examining Board of Plumbers be approved. Carried _i3- 7 LANDMARFE PRESERVATION Henry Theisen reappointment 3 year term 202 Winthrop Dr. expires 12/31/77 Ithaca, New York Rebe 4ggs Smith appOintment 3 year term 148 E. State Street expires 12/31/77 Ithaca, New York Christopher Anagnost appointment 3 year term 903 E. State Street expires 12/31/77 Ithaca, New York Mayor Conley informed Council that two of these members can live outside 'of the city. By Alderman Bauer: seconded by Alderman Boronkay RESOLVED, That'the Mayor's reappointment of Ilenry Theisen, and his appointments of Rebe Smith and Christopher Anagnost 'to 'the Landmarks Preservation Commission be �. approved. carried 1'a ENVIRONMENTAL COMMISSION R. Steven Shauger appointment 4 yes.$ term 423 Mitchell Street expires 12/31/78 Ithaca, New York John L. Shisler appointment 4 year term 213 Grandview Avenue. expires 12/31 178 Ithac s, New York _ Jonathan Simons appointment 4 year term 148 Crescent Place expires 12/31/78 Ithaca, Nev York By Alderman Boronkay: seconded by Alderman Boothroyd RESOLVED, That the Mayor`s appointment of R. STeven Shauger, John Shisler and Jonathan Simons to the Ehviron+mental fission be approved. Carried ASSESSMENT BOARD OF REVIZ,7: Russell Patterson reappointment 1 year term 408 N. Tioga Street expires 12131175 Ithaca, New York By Alderman Boronkay: seconded by Alderman Dennis RESOLVED, That the Mayor's reappointment of Russell Patterson to the Assessment Board of Review be approved. Carried MALL ADVISORY BOARD: H. Stilwell Brown 945 Cliff Street Ithaca, New York By Alderman Boronkay: seconded- by Alderman-f*yer RESOLVED, That the Mayor's appointment of H. 'St lwell Brown to the Mall Advisory Board be approved. , Carried AP'POIRTMENTS 6 NOT REQUIRING COUNCIL APPRUVAL: Mayor Conley made the Following appointments and reappointments not requiring Council approval : PLANNING BOARD: Ms. LeGrecce Benson reappointment 3 year term 334 E. Buffalo Street expires 12/31/77 Ithaca, New York Al,:arman _:wncy !nzyer t.ppointment 2 year term 214 Cascadilla Pk. expires 12151/76 Ithaca, New York YOUTH BUREAU AbVI6ORY: Jason Wittman appointment 3 year term 117 E. York Street expires 12/31/77 Ithaca, New York Peter Rogers reappointment 3 year term 806 N. Tioga Street expires 12/31/7T Ithaca, New York . Father David Mura reappointment 3 year term 113 N. Geneva Street expires 12/31/77 Ithaca, New York Frank Alo appointment 3 year term 160 Crescent Place expires 12/31/7T Ithaca,, New York -Mavid Banfield appointment 1 year term 312 E. Fall Street expires 12/31/75.-.1, Ithaca, New York Steven Brock appointment 1 year term 419� E. State Street expires 12/31/75 Ithaca, New York Mayor Conley stated that he does not have an appointment for Police Commissioner and Housing Board of Review. He stated that he would like to see if there is &.- possibility of changing the duties of the Housing Board, that Board is on housing codes, and if somebody finds that our housing codes are over restrictive .it is appealed for and they would appeal to the Board. Mayor Conley xdul.d like to see if there is a possibility* of expanding the duties. The duties at the moment now is that we have put on additional people in the Building Commissioner's office and we are inspecting housing in the community, many times our people our in- spectors are put in a very difficult position. They inspect a house and find violations and call the violations to the attention of the homeowner and the homeowner might be an 85 or 90 year old person Who is living alone. it is beyond their means to -be mile to fix that house and the Building Commissioner is put into a difficult situation as to whether he condemns that house and pats twat person out, or whether he deals withliis`'tepart instead of his head. ;`SOmetiAts in the past that has been happening And he thinks that it iry hot that we ar* really want to have happen however, ve want them to hate a heater built into that system so he would like to expand the duties of that and he would like to ask Charter' and Ordinance to come up with An appropriate language and he would like to expand that so that the housing inspectors can go out and follow the book to the letter of the law. If they run into a hardship that they Would send that hardship to this housing board of review, who might look for alternate ways of working with the people, they might try to help make application for`our community renewal funds', our community development funds or they might try to figure out different 'ways to accomplish that, through different agencies in the community. At least let somebody other than our inspectors operate or excuse the law, in other words let's set up an appeals board for our inspectors. It would be terribly_important for us to look at that and he would like to meet with Charter and' Ordinance -Committee and express his views. Also, at one time he did make mention that he would like to set up a housing court and try to attach it to our City. Court system: they ran into a lot of legal problems; so he thought they 'could. just set` it up as some sort of a review board" process. In otter words kind of a building appeals hoard process for those cases that we could get better performance out of our building inspectors and we could expect them to carry out the letter of our ordinances as they are written and yet we'd have somebody else to deed witb'the difficult situations that theY must run into: The'Mayor' said he would like to `do that ''oe ire he establishes this Board, if an emergency.-Comes up he may have to establish a board if We have someone who wants to appear before this housing board of review, so with that once we form our standing committees, Mayor... C,enl.ey said he vould like to do that before he establishes this Board, if an emergency comes up he may have to establish a board if we have someone who wants to appear before this housing board or review, so with that once we form,:our. standing committees, Mayor Conley said he would like to ask the Charter and Ordinance Committee to meet with him and work out mho aet.%ils of sons wo eft work such a board. STANDING COM M OF COUNCIL: BUDGET & 629129 ION: CHANTER AND ORDINANCE: John Gutenberger, Chairman Ethel Nichols, Chairman James Dennis, Vice Chairman Donald Slattery, Vice Chairman Anne Jones' Richard Boronkay Donald Slattery John Gutenberger Anthony Spann Donald Barber Robert Boothroyd Jr. Clark Hamlin PLANNING 'AND DEVELOPMENT INTER-GOVERNMENTAL RELATIONS; Anne Jones, Chairman Donald Slattery, Chairman Na=y 4eyer;<Vice Chairman John Gutenberger, Vice Chairman Rudolph 'Seccucci. Richard Boronkay Ethel Nichols James Dennis Richard Boronkay Anne Junes, Robert Boothroyd, Jr. Nancy Meyer HUMAN SERVICES !t: James Dennis, Chairman Anthony Sparw, Vice Chairman © Nancy Meyer Clark Hamlin Donald Barber Rudolph Saccucci r CONTROLLER'S REPORT: Controller Daley called Council's attention ,to a sheet he passed out pertaining to the Seneca Street Ramp Gmrage income from Deee*er 1973 through December 1974. ControllerDaley infortaed the Council of the increased monthly usage and he further reviewed the teport. Mr. Daley stated that he has been discussing this with Supt. Dingman and they hope to have a complete analysis probably in his annual report. Controller Daley asked that the Budget and Administration Committee meet as soon as possible because they are having problems with the moritorium primarily in the Department of Public Works, as everyone knows they do have a number'of laborers, etc. and quite a turn over and a number of things are happening, like replacing the City Engineer. Mayor Conley made the following explanation to Council: He has met with the department heads to find out what type of a hardship this might have caused upon their operating department. He has asked all department heads to. submit to him a roster Mich he will turn over to the Budget and Administration Committee of all the positions they now have and who is in the positiohl,� There are a couple of areas that might require some immediate handlings, such as bus driver, we have a certain amount of bus drivers it takes to operate our system and there is' a certain amount of changeover in that so we will have-!to at least okay a certain roster for bus,,.-driver and probably the other department we should look at, we could do this one; at a time in critical situations immediately and then take a Look at the broader picture and analyze' it as we go through the year. Mayor CQnl.ey said he is certain that manly aldermen will have specific questions that they will want produced for them if they"could get that information to -the staff or to him or, he will ask it of the staff to produce this specific information. Alderman Boronka:y'has already asked him ' what the roster was five years ago and what the roster was ten years ago, So they can look at it as a comparison. Mayor Conley said he will be asking to see if we can get that type of information. , Controller Daley commented that we do have normally a list of all employees salaries in the final budget and we can go back and reproduce these. Alderman Boothroyd stated that he doesn't think it is salaries at all, it's personnel.- A Mayor Conley stated that they are looking for how many they are authorized now, how m=7 vacancies they have in it, then they can start asking what would happen if it retrained a vacancy or if they removed that position. Alderman Meyer asked if the Mayor wanted this in a form of a written question sent to hijn or does he want the questions raised now. Mayor Conley would like to have them in his office, and he stated that if they are going to ask for background information then they should ask it of him and he'll get that information from the staff and make it available when they start going through this process. Controller Daley stated that the resolution stated that Council would approve the new positions not a committee. Mayor Conley stated that he understood that, but felt that the committee could make a recommendation to Council in some form. He is sure that Council would want a committee to go through these things before they make a decision. Alderman Gutenberger raised the question if you expect to come upon an extreme emergency situation the situation is now that we would have to call a whole meeting of Council before that position would be replaced. Alderman Boothroyd related something that he heard on the news before coming to the meeting that the City of Syracuse is taking exactly the same action. Mayor Conley stated that many cities are, and that Civil Service is setting up a procedure of .how you lay off Civil Service Employees, Just to protect the last on first off type of thing, there is going to be a procedure for laying off City Civil Service employees, this is something that is being done at all levels of government. Mayor Conley further stated that in a policy of this year is an election year for half of the Council and the Mayor and others, and there are going to be many people seeking information. Our policy in the past to provide intorma.tion to people who are seeking office, to mail them agendas and minutes and invite them. Wbat he would i like to do is clarify this a little bit, he was just wondering that our peliTy shoxild be that any designated candiclste who has their petitions tiled that would be extended the courtesy of any executive mwtings we have or any pertinent information that goes to the Councii to prepare themselves °> for the job. Now, there are candidates that will be expressing interest berme they are designated and has petitions filed and he thinks thdt ivA%rfttion ca`n be obtained at the City Clerk's Office, they could coarse in and get age0la► and minutes and probably most any information. Now we are working on right navo we had one staff meeting on it, is coming up with a proceddte for the comp3ionce to the public information law to make sure that all of our records are Lade available to people. Some records there will be a charge and some records that require sdme amount of research work for compiling data will have a fee, right now they are waiting for a model resolution that was developed by the New York State Conference of Mayors in conjunction with the County officers and Village and Town Clerks. They have worked - out a model code that they send to offer us a flexibility to amend and change, he would like to-get that and review it with the staff and make the staffs recommendation prior to han4ing that to Charter and Ordinance for adoption from the City. Information fftrr candidates or proposed candidates is available, but he thinks that once candid a are designated with their petitions filed they are actually on the ballot that we should mail them all the information that is normally given to Council. They should be included in any special sessions that Council has and any committee meetings and ask the chairman to open them up. Most of the meetings are open and that brings up another point, that there are people who are expressing an interest in seeking office and he would like to have the committee chairman try to establish regular monthly meetings for routine acsttars and they can contact the Clerk's Office as soon as they have established the meeting date. It could be put on the meeting board downstairs and we do have to reserve this space and the Hoard Room. The Clerk's Office makes these reservations on a first come first serve basis and we had a conflict with this Council Chambers for the Charter & Ordinance Committee and the Community Development Committee next week. VAy'or Conley commented that he would like to have the chairmans cooperation with this,-and then any prospective candidate or the members of the press would be able, rather than having to call' City Hall call around and try to find out when meetings are going to be held be able to see the agenda. Mayor Conley said he is insisting that all the meetings be open meetings. If they find it necessary to have a'closed meeting then make that arrangement but indicate on that meeting that it is going to be a closed meeting and indicate the reason why it is a closed meeting. RTER ANDbRDINANCE COMMITTEE LOCAL LAWS OF FLUMIRATION: Alderman .Slattery read the following Local Laws and asked that they be taken off '.";e table: By Alderman Slattery: seconded by Alderman Jones WHEREAS, Local -Laws No-` 5 and No. 6 were officially laid on the table at the regular-meeting of the Common Council on November 6, 1974, and WHEREAS -The resolution called for action on these two Local Laws at the first regular meeting of Common Council in January 1975, . NOW THEREFORE BE IT RESOLVED, That Local Law No. 5and Local removed from the table for consideration by the Common Council, and BE IT FURTHER RESOLVED, That they are hereby renumbered Local Law No. 4 and o Local Law No. 5 of the year 1975• AYES 11 NAYS: 1 - Barber Carried LOCAL LAW NUMBER 4 CHANGE: By Alderman Slattery: seconded by Alderman, Nichols w Amendments to Article III Section 3.8 ,of City Charter �• A Local Law amending Section 3.8 of the Ithaca City Charter s. C,C BE IT ENACTED bythe Common Council of the ,City of Ithaca 4s follows: if Section 1. Article III Section 3.7 of the Ithaca City Charter enacted by Chapter 503 of the laws of 1908 and as fast 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 haws :of this state, for any local purpose pertaining to:the eovern,ment 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-halve 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, 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 enumerated powers in the following section. Section 2. This local' law deletes "except that it shall not enact or enforce any local law or ordinance or resolution for any purpose pertaining in any mariner to the flue.riclotion 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 Qf the-Municipal Home. Rule Law Alderman Slattery explained that the Attorney GgrP.ra1's Offige has ruled that`. these local laws. are subject-to mandatozy referendum. There will be upon passage of these local laws a further resolution setting these local laws, for fl general election for placing on the ballot at the regular November election and the electorate will have an opportunity to either vote for them or againSt.them. Passage by the Council at this time does not mean that the Charter is automatically ` amended, it cannot be amended until it is passed by the electorate. Alderman Slattery felt it was fair and it is probably best that the electorate have an opportunity to either for removal of those local laws or restriction from the Charter or against them. Alderman Slattery felt that it was proper to pass these local laws tonight so that the electorate does have an opportunity to use their own judgement. A roll call vote was taken on Local Law Number 4 which resulted as follows: AYES: 12 - Saccucci, Boronkay, Dennis, Spano, Slattery, Jones, Barber, Meyer, Hamlin, Nichols, Gutenberger, Boothroyd NAYS: Q Carried -18- LOCAL LAW NUMBER 5 CHANGE: By Alderman Slattery: seconded by Alderman Boothroyd 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 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 and drains 3. Streets and sidewalks 4. Creeks and bridges 5. Street lighting 6. Parks 7. Cemeteries 8. Garbage 9. Public buildings and property, but not buildings or property for use of the fire department. 10. Such other departments as may be assigned to the board under the provisions of Sec. 5.38 of this Charter. Section 2. This local law deletes "except that it shall not in any manner flucridate the water under the control of the water department of the city government." oat 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. A roll call vote was taken on Local Law Number 5 which resulted as follows: AYES: 12 - Slattery, Barber, Saccucci, Jones, Boronkay, Hamlin, Dennis, Gutenberger, Meyer, Nichols, Spano, Boothroyd NAYS: 0 Carried By Alderman Slattery: seconded by Alderman Boothroyd WHEREAS, This Common Council has passed renumbered Local Laws No. 4 and 5 amending the charter provisions restricting fluoridating of the Ithaca City water supply, NOW THEREFORE BE IT RESOLVED, That the City Clerk is hereby directed to notify the Board of Elections of this action and to request placement of Local Law No.4 and Local Law No. 5 on the ballot for consideration by the electorate at the next general election in November of 1975• AMENDMENT TO THE MOTION: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the words "General Election" be deleted from the resolution, and that they be replaced by "at a special election to be held on the second Tuesday in May of the year 1975 between twelve noon and 9:00 p.m." Alderman Slattery stated that it becomes rather expensive to place a matter before the electorate for a single issue, now that you are planning, he assumed a school board election. Alderman Jones corrected him by saying, no that it is not, and gave the following explanation: She does not believe that number 1 you are allowed to hold it at the point of the School Board Election. The point of cost which Alderman Slattery raised is a valid one, however, she would like to consider the cost, because this is an extremeS�r " - AOr"w fain the City and ske raised the question because she thinks thst``p ps 1. the► we it to the public to do it at a point Which they are att; aoetAxso i by any other pr6O tioaw-or items. gousell should be able to show their dlvectorate, that thW.have trfed to make ear position with this important matter to be considered She has' no variffeation of the monetary fact at,:the present Use but there is a possibility that if the Board of PAmostion has to pay " put._.those booths it, out for the sdtmel election that it, fbr ejaMle, : e gar Mere to more those electftn pressed moths that they safest be 2a�ble,,�,t,,o.,divide� %V what otherwise middht be a mue3t l a r;eer- cost. Theret iis��a * -i�fi ''40iAg out r tertis really tr 'goots' itii6t `VEi4y can td sash# tie &*m* vet elves and Wow Voijaeto, so at tie me poest. Al&duan MqM* 9 W*d that *NO . MOO doe saftfthkft : qi a aft lft,ne tin itr thmo't became she th1 t Wb fir pan of fte issue ftat oohs ft here is when er or not the caaft4stex An the fall want this to become..... vhethtr or tot they have to 'Fake a stand an this fmpWtftt Usmm or whefhot or set they V* t3 to harts it affect their ele on 6r but. the > is that it is aftethbW that she 6man•t vmet #A v en tons 011P. fte thlhts Ohethier s i Chet is a valid VAng to do or *%other is ft . it dUriftes Aje fluorfdstion issue by "POW tug it 04 from -the other isiE . t1: A;tc' rgtslttt ftftaW VftUd to stag hats tAe MWft On ftts t&ttft is sn ,fttswc tttt should stand by Itself and not be involved 1z a4y polities vhatsb+[ * This fs why he estdorses Akin= to denes" amdmet* and Sao the -possibility of having 6 cost faet+or Paviog beeanse of the feet that the Creek before this the school is having its s4hool elections. The machlmes will be placed at that trims in the voting 41- strivto U their locations and they could keep them there for a week dud save the Ja and out procure and have a.savings to the City by that. Alderman, lobbw yd said ho sympathiles ViVit Aldefte i Jon" and A't.dolm feu► Bora►nkay but he tUnks the a fib ftetor is the thug that voAd make up hiss 1ls nd and elections; rrm his vdad, are fatly +resit jr frnte that standpoint he rotes against, M Milft ftuley Coated that thane is s~;prUaty day *Uo. Alderman M*UeVy,said ho Frisked to, a a towle pd h' , t tatter.rego-dint a special eleattw U rat prim&43,,y the ir2acement Of the VoU, machines but the eleetfon Inspectors ftime, that they are there at the poles re+ rev x.00 .a day and that turpes out to be a fairly sizable acs unt. '1ha�t loo the major expense involved and not the placeuyent of the machines, howevmr, there is fufther consider ation that they should, keep in mind, action te►M tonight two amend the Charter W removing the restrietion in no way allows the City to proceed to fluoride the Mty water supply. pure action by this ftuoeil vW be netsessary to pass at the general election or at a special election. Fvpther.he thinks the voter turd-out is far greater in the fall then it VmAd Up at g spegLal election in Meal and wheat we we a#11 in th" VO am afrAWtaLm on an issuo or oa this eOtrpversta oA#w #hat it we hart Oo courage of our convict are cold take a ""4 aqd +ei es< eaderse is .position or a YYSt the 1oe4 laws,, This doesn't allow us to r4uarlWe the water supply it simply removes the restrit ou Roust %be Barter. Aldermn rger ftot Ott of alb: not ofily it ate & jt leg dly. this amendment shortal.tl be tabled f"or tC dht until ve give it s e moo ibought. He had some question abottt tilt 160ther they shofdA not start bo om noon, because some e*A l t get tltlaft on" trs MAT WMA". Alumna* oases Mated that that is op" to diseons"n,. In nesW=e to 'what Armen Slater *ta d iit t4 be absolut&V s'* *a your ewn',mind, that you have offered the VO .. *dto are UP ones vim+ oWe to lei at d the most open opportunity on which t9 roU. Me has not 46tatMsad e)WO"o ns, eftdidates,. that is not part of her Mont `fie ] <rA was VWO , -40 ao. o" 3t,:to the p%iblic rout to offer them the cleanest, c&eorest ipwtbte OV.60tualty to date. Alderman dutenberger stated that he would hate to see the general election since this issue is so controversial. This ensue is important enough it is also sensitive enough to not to be tied to a* political ca tign. He doesn't know•if they can sit here and intelligently decide tonight What is the best day, what is the best time, the best place. 41,2 1' y sP, _20- A).: ,:!rman Nichols suggested to Alaerrcan Slatterry that he delete the day or the s� if e' reference to t6 aext general election; and. simpler offer referendum to 'be geld, and the date to+be chosen by'Ithis CCimmose Council at the regular March meeting. Ws; have plerty of time to call for an election and set it up. `vuderman Ha lfr# thjuks that more people Come out for a general election but a third of them don't ever; bother t%vote on the proposition so he thinks that he is in agreement 4_-jth fij;41 man Jones to make it a special election so they know mhat it is they are voting en. Aldermanyattery stated that he would tend to agree with Alderman Hamlin on any other issue than fluoridation. He thinks the public will be well informed by the a time the Dentist Assoc. and the Antifluoridation get through with it. Alderman ;Slattery, reread his motion amending the date of the election as follows': 44By Alderman Slattery: seconded by Alderman 3pereso WHEREAS, This Common Council has passed remmffiered local laws No. h afid 5 amendt"g t_-a charter provisions restricting fluoridating of the Ithaca City water supply, NG.T THEREFORE BE IT RESOLVED, 'That the City Clerk is ,hererry directed to n6t41Py the -Board of Elections of this action. and to request placement of local law' No. 4 and local law No. 5 on the ballot for consideration by the electorate at, �&,, time to be chosen by this_Cbmmon Council at their next regular meeting. Alderman Jones`vi.thdre v her amendment. Aller�n Boronkay asked when they had to notify the Board of Elections. A vote was taken on the motion that resulted as follows: Carried RESOLffI0N TO INTRODUCE ORDINANCE 75•-l: By Alderman Slattery: seconded by Alderman BoaronkAy •RESOLVED, That Ordinance 75-1, an ordinance to codify ordinances as a part'of the "City of Ithaca MmIcipal Code" be placed before the City of Ithaca Common Council for its consideration. It roll call vott was taken which resulted as follows 'YES: 12 b©othroyd,,Span., Nichols, Meyer, Gutenberger, Dennis, Hamlirrs ; B&cc�cci,'Barber, Slattery, Jones, Boronkay , NAYS: 0 Carried ORDINANCE 75-1: By Alderman Slattery: seconded by Alderman Boroakay AN ORDINANCE TO CODIFY ORDINANCES AS A PART OF THE "CITY OF ITHACA MUNICIPAL CODE" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, Tompkins County, New York, that the Chapters of Ordinances annexed hereto and made a part hereof are hereby adopted and enacted as a part of the "City of Ithaca Municipal Code" as follows: Sec 1. Codification of Ordinances. That the Chapters of Ordinances annexed hereto„and made part hereof, as if more fully-set forth herein, be and hereby are'adopt s�;snd for "all ordinances cf a general nature and shall be in full force and effect in the City of Ithaca, Tompkins County, New York, as hereinafter provided, k The Chapters of Ordinances contained' in and intended to be a part of the "City of Ithaca Municipal Code” are enumerated as follows: CRA.Pi^R 1. GENERAL PROVISIONS CHAPTER 5 CITY EMPLOYEES CHAPTER 16 LICENSING OF BUSINESSES & OCCUPATIONS CHAPTER 17 PEDDLEBS.AND SOLICITORS CHAPTER 19 AMUSEMPM CHAP.1R 23 TAXICABS CHAPTER 21+ MERCHANTS 'iAPTP,R 26 BUI-,,DING a-lrk- 's Y CHAPTER 27 HOUSING CODE CHAPTER 30 ZONING CHAPTER 31 SUBDIVISION REGULATIONS CHAPTER 32 LANDMARKS PRESERVATION CIAPTER 33 ENCROACHMENTS =PTER 34 SIGNS CHAPTER 35 SWIMMING POOLS CHAPTER 54 ANIMALS CHAPTER ,55 FIRE REGULATIONS CHAPTER. 60 TRAFFIC AND VEHICLES CHAPTER 61 SNOWMOBILES CHAPTER 65 PUBLIC SAFETY CHAPTER 81 PARTIAL TAX EXEMPTION Sec. 2., Effect„ of adoption. That the adoption of the "City of Ithaca Municipal, Code" is not intended as a repeal or to have any effect upon any special ordinances or ordinances of a.• temporary nature such as, but not limited to appropriation ordinances, tax levy' ; C ordinances, bond ordinances, ordinances relating to street dedications, abandorment or naming of streets, fra-hise ordinances; contract ordinances, local improvement '' ordinances, ;atad any ordinance or parts of any ordinance which by necessary implication �^ is not intended to be repealed. Sec. 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in,4 3.11 (B) of the Ithaca City Charter. A roll call vote was taken which resulted as follows: AYES: 12--,- Saccucci, Barber, Slattery, Boothroyd, Spano, Boronkay, Jones, Gutenbergert Dennis, Hamlin, Nichols, Meyer NAYS: 0 Carried RESOLUTION FOR PUBLIC HEARING ON PROPOSED ORDINANCE: ' By Alderman Slattery: seconded by Alderman Boronkay WHEREAS, The foll.oving.ordinance has been introduced before this Common Council, to wit: Ordinance No. 75-1 entitled "AN ORDINANCE TO CODIFY ORDINANCES AS A PART OF THE CITY OF ITHACA MUNICIPAL CODE". NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Ithaca, in the County of Tompkins, State of New York, shall hold a public hearing in the matter of the adoption of the aforesaid ordinance and that such hearing shall be held at the Council Chambers, City Hall, 108 East Green Street in the City of Ithaca, New York, on Wednesday the 5th day of February 1975, at 7:30 o'clock P.M., and BE IT FURTHER RESOLVED, That the City Clerk give notice of such hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such .public hearing°will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior tq the public hearing; and BE IT FURTHER RESOLVED, That Chapters 32,34 and 35 'of said proposed Code be referred to the Ithaca City Planning Board and the Tompkins County Planning as required by 8'.30.61 of the City of Ithaca, New York Zoning Ordinance and General Municipal Law 89.239' 1 and 239-m 'for their review acid report thereon. Carried AMENDMENTS TO PARKING AND TRAFFIC .ORDINANCE AS RECOMMENDED BY THE BOARD OF PUBLIC WORKS: Alderman Slattery reported that the Attorney for the City has informed him that Council should table action on these matters until the new municipal code has been passed. AMENDMENTS TO THE TRAFFIC CODE METHOD OF APPOINTING THE TRAFFIC ENGINEER AS RECOMMENDED BY THE BOARD OF PUBLIC WORKS: Alderman Slattery reported that he was informed by the Attorney that Council should probably take action on that after the code has been adopted. k ACC288 10 MLIC INFORMAVION: City Clerk Rundle reported *bat the information has been circulated to a L }.hw department. The statt did meet and the kayor has been in contact with the -Conference of-Mayorst they are sending in the model law and after that castes in the Mayor plans to call awther Veeting of the staff and getting together with theca and then presenting it to the -Charter and Ordinanee after they get the facts are all together. Alderman Slattery explained that in the New York paper vhica said that the New York laws says that on request state agencies ancl,dunic-ipaliti,es .should make available whatever records are already available under existing statuitae such ets birth and death certificates, staff manuals, statements and policies, agency audits and statistical tabulations, meeting minutes, ft-n4l 'vote reeordd, fixa1 opinions, police blotters, and arrest records, and ageoey employee list to the nova media are availablet mv* vr'itten request, but the flaw, fiever says vhdt a record is. Mayor. C9nl.ey, explained that there are things that lav does not make provisions for that. ve hope to lu;;cludL* ;in our recommendations?. The 14yor said there are thiW— he wants the star!' to make roe mmandat ons -so ve oast titrifyo At least there wt-11 be the recommendation from the department heads of infotmation that they feel should be final decision be made by Council.. s CSRACC138 S'ISU Alderman Slattery reported that the Ceracche Television- Cable .l.�M�ir1Y�� NIM� R rate increase meeting has been called and that >will be Monday, January 13,t at 30 p.m. in the eou nail t�►mbens. TOWN-CITY FINE CONNACT: Ald i:L-wan Slattery reported he had received a letter from Martin Shapiro, dated December 16, 1974, as f`oall.ows I have received no respmee to my numerous requests to melt with James Buywcos, the attorney for the Timm of Ithaca. Aldermen Slattery explained that this request came about as the result,of cancellation of the Tova of Ithacan fire contract effectiv*,Jaime 1,19T5• 21 now contract was agreed upon through begotiations, the liltergoverrmental Relations Committee, and it was decided that James Smyoucos, the attorney for the Totem► of Ithaca would meet with Martin Shapira to draft the final contract wording. It appears the T+ovh of Ithaca, is operating now, with no fire contract. AldertLah Slattery reeommerided that the City Clerk be directed to cory.:.at for. Buyoucosa and "request an imtaediate meeting with the Attorney for the City to esolve, this matter. TAX MMAPTIONS MR SERM CITIZENS Aiderm mi -Nils r4pdrted that some tiM ago they were asked if they could get some figures an what it caught cost. Aidef i Nichols did a considerable amount of research-. Alderman Nichols received ,a ititer, from the Chairman, of the Senior Citizens Council saying ghwly" mindful of the Beet that she was asked to estimate number of those over 65 would be eligible. for tax exemption, should the city praise Its Limit from: $5#0W to ,the now possible limit of $6,W and voted by the 1974 state leS3 stature. Another part of the law includes the fact that the person has to have loomed <his. house, only 2 yearn instead- of 5 as previously required. If a child so. ing to school lives in that home the owner is not eligible for exemption. In 1974 ',2,?9' vere gArtted exemptions of 9.4% of the 2,340 65 years of" age and over living. its the City of lthac&. The amount of exemption is $1.,019x•600. In 1972 there were 2'36 vho were granted exemption. There are *5 laver 65 years .of age, working ,6% lie Ithaca whose income was below the poverty level. The amount of Social Security hav Ancreased 31% since 1971; a sso since January 1, 19T4 some people have received additional fund through r _-P Pi eme .cal security income. This is for people over 65 and for the blind and si. cabled. In Tompkins County TOO are receiving this most of whom are the elderly. There are no statis3t cs 'ova cable on hQtt many are #14W]:y and the total amount given to, eligible city residents. However, these tjF� ,Yises in income make it more necessary that the 46$60 limit be a6de available to those are struggling to keep their own home. In other vords it"is not a help to have an increase in to meet i.0lationary costs on one hand and then to have that increase make it impossible to be eligible for tax exemption. The Chairman of the Senior Citizens Council heaped the e3.sierly te►xpayere vi13 s cc ante. action by_the city before the March 1 deadline; she believes it 4ili help them to retain their homes. The It o School Board in Newfield 7o tship have' raised their limit to $65016. Alderman Nichols said the feeling of the .committee is that they should try to get th:. Intergovernmental Relations Committee to see if the County would raise theirs to agree with ours. so that people got the same exemption on both the City and County b tax. Alderman Nichols felt it would be well if the committee met on this during, January and reported at the February meeting. :k* Mayor Conley reported the New York State Conferen44,pf'Mayors has it before a legislative:committ�„right now; ire take strong exception to the '$6500, not because we are opposed to Se.tidr-' Citizens, them getting tax exemptions, the net result is that, further erodes 'tax base in a i6unicipality. The City of Ithaca 62% are already off the tax'roll, it .further erodes our taxable income and our income to.the City and it has definite disadvantage to municipalities litre Ithaca. The N.Y.$. Conference of Mayors has unanimously endorsed this program, however, we are asking the state, as long as they are the grantor' of these exemptions, to make it possible for us to do it and that they provide the funds to do that, in other words, we :.tee asking the state to assume their responsibility, to Senior Citizens and do crat so it does not erode tax basis of munic3lities. There are municipalities all across the state that have state schools, or air force bases' or whatever in their municipaaX-iti.es that are off the tax roll and -it's a tremendous burden. There are municipalities who are fighting this and are not claiming this exeppti'on`and it pictures again the municipal local official, makes them look like'hey are- in , coaflict with making provisions for Senior Citizens, which we are not. WQ;All want c them to have the $6500 exemption, however, you have to remember, you are over- Cr loading your tax base and you are expecting the rest .of the tax base to-pick up tt'✓ that further exemption. It is the Confereride of Mayors number 1 legislative goal �C this year to get the state a direct responsibility in that area. Alderman Hamlin asked what the level in the County is. Mayor Conley replied that the County is at 4000 and we've been at 5000 and the school board is at 5000. A�.derma.n-Slattery asked what are the goals, he understands it as the ideal situation would be to have the school district and the City and the County the same, with tine~limit and it would be identical across the board and he understands that the County is considering adopting a 6000 dollar figure. Mayor Conley asked if that was officially before the Intergovernmental Relations Col=' liteZr' Alderman Nichols stated no but they will refer it to that committee. .;ontroller Daley stated that it has to be in by the first of March: By Alderman Slattery: seconded by Alderman Spano RESOLVED, That this matter be referred to the Intergovernmental Relations Committee and the Charter and cc finance Committee. Carried HUMAN SERVICES COMMITTEE G.I.A.C. CENTER: Alderman Nichols .reported that they had received a letter from the Social Service L-ague Board asking the city to renew the contract for the, Central School building presently occupied by them as the Greater Ithaca Activity. Center and expressing great de; ight with the facilities and the programs that the;, are carrying out. Her,committee h1kd previously asked the Youth Bureau for a careful accounting`of the programs and that~was:'of ,the.rbuilding so that it was very clear to 'them whether any city money'wauld be spent and if so how much and for what purpose. ITHACA HOUSING AUTHORITY MEETIT?G CHANGE: Alderman'Nichols reported that the ul Ithaca Housing Authority changed their regar meeting to tonight so clearly, they will be getti-og second hand on-,what &Lppened. She knows that theyy.'have had a number of problems of which` she has discussed with them and although the new. . project on Center and Plain Streets is coming along very well, the'-physical conditions of the project seems to be going well. They are having some personnel problems. PLANNING AND DEVELOPMENT­COMMITTEE $2,000 FOR PLAIN STREET BRIDGE: By Alderman Jones: seconded by Alderman Saccucci v' -2t- FXSOLVZD, That this Comamittft recce.,, basfically to.Council and tar-the Sttdget Committee an alloewt*m of $!,0000 to matntain a pedestrian walk on the Alain Street Bridge. Carried Alderman Meyer made the following co amenta: The Board of Public Works meeting of two week& agcy, the question was raised re- garding that bridge vh eb she would like to raise here at Council and she vandered if Mr. Din #eb any roleA. 924t ttas $2,000 is for a temporary maintenance; the oche i t udat that s the budget is $11b,000 to replace that bridges. The question wins klita r&the alt t than opending $2,000, it might be fessable to really t investigate what to at more Indepth lock at the bridge and possibly spend $50,000 a4d vea, y be set mwd ithai' then simmding $100,000 fop a brand new bridge; in other words, is thit bfmd kew bridge bbsolutely .necessary and before she would want tb vote an this Ahol like ame answer to that. The question is has this been talked about or `ltibk into, the would like to get some response L to it. Alderman io► es answered Fitt sho would try to tespond; the $$,000 if for tempffrarY patch work, she didn't !Seel thtt dhe &t anti *Vport for it st the Board meeting from anybody ae to whether $1 ,db aft this potht in time wo�ll.d make the bridge function as a pedestrian fac lty #b* any lodgaar. Now the other paint she wed respond,w�th is that Alde i re+ is hot ai�ne as a CoUncilthen or a Board amber in wondering how much it wi ogt, in facts to ieplace that Facility and she thinks that is a matter which is st It under Aisc�soimn. Alderze� M Yer stated that stlid tfttild like is direct it back to the isle that we have been t4king about 414eq titdt tWhey codes up and she thinks $5o,db4 counts the she thinks this is An ilseue that Vie have ah obligation to our taxpayers to consider in more depth. A16-man Spano stated tht they have to consider moboy, bf course, but he tblaks one thing is that if they were to check those people thdt live in that area, !they'd find there'd be an awful lot of disgruntled taxpayers, he thinks they should be given some consideration. V-y-or Conley stated that the issue that they are discussing is do we spend $2.00 to +. mporarily patch it up and then replace the bridge later, or should we spend more then the $20000 now and des something more substancial then just a patch job and use the bridge for sometime in the future, why replace the bridge strictly as a pedestrian bridge. That's the question that they are asking. Palerman Speno stated that the' condition exists and it has existed for many years. Alderman Meyer eommaented that she is not objecting to the repair of the bridge, she is objecting or is- concerned about a $110,000. Alderman Jones asked if she could say one more thing and that is that the bridge even from a pedestrian point of view is as she understands it will have to be closed now unless it is patched. Alderman Meyer corrected her by saying that it is closed. Alderman Jones further stated that people obviously want it open, now the Capital Improvement. Fteviev Committee will be asking the department to submit their requests for projects for 1976, the letters will be going out on the 15th of January and the projects will be due in on the first of April. This mesas that in the first of the spring we will be working on the feasabilitV of the projects for the coming year. The matter should somehow or other be under consideration. Alderman Boothroyd remembered that this matter• xms discussed in depth at one of our meetings and he thinks that it was the consensus of the committee that until we came up with some sort of detailed plans that their weren't going to vote any funds for that project. Alderman Outemnberger stated thkt the committee fet*t as far as tbetr consideration was concerned that their main concern was in the B & A Committee was that with the $2,004 drawn from the contingency fund the first week of the brand new budget they were already in the contingency fund. The Goamzi.ttee felt by the time that account -25- to run $2,000 short towards the end of this coming year we frill then through the process that has been' discribed the Capital Review -will amend on it as to alot more input from the depat'tmeht of public works and at that time we will access whether we need $210,000 or $50,000 or what. The B %,*A Committees primary concern was that this money come'out of the existing budget not out of the contingency fund, but they did feel that the $2,000 should be alloted, at least for the emergency patching7which was indicated to them that was $2,000 will'make it usable for a short period of time. Mayor C" nley asked that the Committee recommends the allocation of $2,000-,­ are they recommending it to the Finance Committee or to the Council,.and if this re- commendation was passed is that tapping their reserve accounts. Alderman Slattery asked if the Board of Public Works will be requesting a fee for NYS Elec. & Gas to use the bridge. r. Alderman Jones stated that the use of the bridge is free to the 14YS Elee. & Gas under the present policy, the charging of fees in the future would have to be a new policy established by Council. Alderman Boothroyd asked #chat committee that is in now,and i$itactively being con- t^ sidered. CAlderman Jones stated that it it a recommendation that would be coming out of Capital Review Committee and it is a direction that they have already suggested. Alderman Meyer had two questions; one is if we say yes to the $2,000 how soon will that repair be made, and if that repair is of the kind of repair where the bridge was a recycled rather then replaced will it be the kind of repair that the rebuild- ing of the bridge a potential added factor or just money down the drain. Sig.`..,' . Dingman answered the questions as follows: If uhe $2,000 is allocated now for immediate repair, will that be money-down the dr=in in the event that we come up with some project other than a brand new bridge are'. he thinks thdt the-best answer to that is yes; it might not be completely so bu. r,11 that was proposed with the $2,000 was to find a wad to, get the bridge im- n.> - cely back into service for pedestrians on emergency basis until another per- m:-aent pedestrian crossing could be provided and he cannot assure Council now that i:'' they appropriated the $2,000 for that purpose thet' they will get anymore then the y, or year and half, or what ever is necessary for them to prepare a ,project, F- '_ it through, get it financed and built. Supt. Dingman stated that the $50,000 i...,ure was a surprise and he didn't know where that came from. .Fi ierman Hamlin asked isn't the issue here that this is a needed facility in that ,.., ea and it would be a ,great inconvenience for the people in that area if we don't 11.) it and we are haggling over $2,000 and he thinks that they should go ahead and vote on it. A vote was taken on the motion that resulted as follows : Carried By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That the Board of Public Works request for $2,000 for the temporary repair of the So. Plain St. bridge be approved and that the expenditure of said funds be made from the 1975 Tentative Budget, Acct. #5120 Maintenance of Bridges, Carried APPLICATION TO STATE FOR URBAN RENEWAL FUNDS: By Alderman Jones: seconded by Alderman.;Boronkay RESOLVED, That the Common Council of the City of Ithaca, New York hereby finds : Section 1. The following described area in the City of Ithaca, New York, herein- after referred to as "Municipality" is substandard, insanitary, and has been duly designated as appropriate for urban renewal within the intent of the Urban Renewal Law of the State of New York. BOUNDARY DESCRIPTION OF THE PROJECT I AREA Beginning 'at `the intersection of the center-line of East State Street and the center-line of North Tioga. Street; thence northerly along the center-line of North Tioga. Street to a point 160 feet more or less north of the intersection of the center-line of North Tioga Street and East Seneca Street; thence easterly along the north line of the City of Ithaca property to the center- line of North Aurora, Street; thence south along the center-line of North Aurora, Street to the intersection of the center-line of North Aurora Street and East Seneca Street; thence southwesterly along the center-line of Seneca Way to the intersection of the center-line of Seneca Way and East State Street; thence southwesterly along the center!-line of East Green Street to the intersection of South Aurora Street and East Green Street; the-nee south along the center-line of South Aurora Street to the intersection of the center-line of South Aurora Street and the center-line of Six Mile Creek; thence southwesterly along the center-line of Six Mile Creek to the intersection of the center-line of Six Mile Creek and the center-line of East Clinton Street; thence westerly along the center-line of East Clinton Street to a point 190 feet more or less west of the intersection of the center-line of South Cayuga Street and the center-line of ClintonS reet,' .which point is the southerly extension of the west property line of the property, now, or, ,formerly, awned by Gilbert F. Sturrock; thence north along the west property line of the property, now, or formerly, owned by Gilbert F. bturrodk to the south property line of the property, now or formerly, bwned by Edward T. ,axd Mildred A. Akers; thenee west along the south property line of the property, now, or formerly, owned by Edwaird T. and Mildred A. Akers to the vest property line of said property; thence north along the west property line of the property, now, or formerly, owned by Edward T. and Mildred A. Akers to the south property line of the City Right-of- Way; thence west 10 feet more or less along the south property line of the City Right- of-Way to the west property line of the City Right-of-Way; thti: 1ce north along the west property line of the City of Ithaca extended to the cr; ' -�-; •line of West Green Street; east along the center-line of Green Street to a point 120 feet more or less ec.: t, from the. ,intersection of Cayuga Street and Green Street; thenc,- north along the extension of the east building line of the building, now, :merly, known as the New York State Electl4ic and Gas Corporation Building to tc jouth property line of the property now, or formerly, owned by F. A. Wilcox; t' ence west along the sr :',h property line of the property, now, or formerly, owned b:; A. Wilcox to th= r -'c property line of said 'property; tr ;Lc e northerly along t-:e west property line of the property, now, or formerly, owned by F. A. Wilcox extended to the center-line-of East State Street; thence east along the center-line of East State Street to the point of beginning. &--lion 2. The existence of said area is impairing and arresting the sound growth u; ' development of the Municipality and is inimical to the public health, safety, ri,:i als and welfare ,:,:r tl,e inhabitants thereof and of the State. >ection 3. The Ithaca Urban Renewal Agency, hereinafter referred to as "Agency" is undertaking an urban renewal project in said area, hereinafter called the "project" under and pli_rsua.nt to the Housing Act of 1949 as amended and supplemented. Section 4. The development of the project is essential to the sound growth and development of the Municipality and to the welfare of the inhabitants thereof. Section 5. The financial aid to be provided to the Agency is necessary to enable the project to be undertaken in accordance with the urban renewal plan, hereinafter referred to as "Plan". Section 6. The Plan affords maximum opportunity to, private enterprise, consistent with the sound needs of- the Municipality as' a whale, for the undertaking of the urban renewal program. Section T. The Plan conforms to the comprehensive community plan for the develop- ment of the Municipality as a whole. Section 8. There is a feasible method for the relocation of families and individuals displaced from the urban renewal area into decent, safe and sanitary dwellings, which are or will be provided in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public or commercial facilities, at rents or prices within the financial means of such families or individuals and reasonably accessible to their places of employment. AND IT IS FURTHER RESOLVED, Section 9, The Municipality hereby expresses its intent and recognizes its respnn- -27-; sibility to do whatever is necessary and appropriate to carry out the project. Section 10. The Common Council of the City of Ithaca, New York represents that it has delegated to the Agency throagh resolution adopted April 26, 1965, the powers, as provided for in section 503-a of Article 15 of the General Municipal Law, necessary, desirable and appropriate to effectuate the project and that it has designated the Agency in accordance with section 502 (5) of Article 15 of the General Municipal Law and that it has consented to the use of agents, employees and facil- ities of the Municipality pursuant to and in accordance with section 554 (8) of Article 15-A of the General Municipal Law. Section'll. The filing of an application by the Ithaca Urban Renewal Agency for the State grant of funds to assist in carrying out the project in an additional amount of $60,299 which together with the grant heretofore made of $918,515 is not to exceed approximately the sum of $978,814, is hereby approved. Carried BUDGET:AND ADMINISTRATION COMMITTEE DESIGNATION OF OFFICIAL NEWSPAPER: By Alderman Gutenberger: seconded by Alderman Saccucci RESOLVED, That pursuant to Section 232 of the City Charter (Sec. 8-40 as codified) the Ithaca Journal be and it is hereby designated as the official newspaper of- the law City for the year 1975• t1; Carried x DESIGNATION OF OFFICIAL DEPOSITORIES: W11 By Alderium Gutenberger: seconded by Alderman Saccucci RESOLVED, That pursuant to Section 33 of the City Charter (Sec. 3-6 as codified) the Tompkins County Trust Company and the First National Bank and Trust Company be and they hereby are designated as the official depositories of all City fund for the year 1975 as follows: TOMPKINS COUNTY TRUST COMPANY City of Ithaca, General Fund #201 001004 City of Ithaca, Payroll. Fund 201 001032 Capital. Reserve Fund # 4 - Bridges 201 001055 it 'r It # 9 - General Municipal Properties & Bldg. 201 001128 it I „ It #11 - Parks & Recreation Area 201 001736 " " #14 - Parking Areas 201 001179 of " " #15 - Fire Engine Replacement 201 001187 " " #16 - Development of Water Sources 201 000997 #17 - Seven Construction 201 000989' #18 - Municipal Garages 201 000962 #20 - West Hill Water & Sewer Replacement 201 001594 #22 - Bus Replacement 2Q1 001608 It " to #22A- State Aided Bus Project 201 001772 Emp'l. Group Insurance Deductions 201 001233 Emp'l. Withholding for Social Security Cont. Fund 201 001225 Emp'l. N. Y. State Withholding Tax 201 001241. Emp'l. U. S. Savings Bonds 201 001217 Guaranty.& Bid Deposits 201 001322 City Tax Sale Redemption 201 001 322 Deposit on Water Meters. 201 001322 Surety Coupon & Bond Acct. 201 001322 Federal Reserve Sharing 2ol 121042 Ithaca Commons Trust Acct. o6 201 ooloo4 Proceeds #Yom Bond Sales 201 001705 Firemen's Relief Fund (Time Acct. ) S51 000201 Vet. Vol. Firemen's Assn. (Time Acct. ) 551 000228 Cemetery Fund (Time Acct. ) 551 014199 M. C. Hillick Memorial Fund (Time Acct. ) 551 014202 Storms Cemetery Fund (Time -Acct. ) 551 014229 Holmes-Stamp-Cemetery Fund (Time Acct. ) 551 606+39 FIRST"NATIONAL BANK AND TRUST COMPAXr City of Ithaca, Water & Sever Fund #267 010109 City of Ithaca, Construction Fund 267 010842 Community Renewal Program 267 000731 Firemen's Relief Fund 267 010001 Firemen's Relief Fund (Time Acct. ) 267 649983 Ayes (11) Abstention - (1) Barber Carried Mayor Conley°Mated that they try to evenly spread it out year to Year. COLLATBRA TO SECURE MOSIM: By Alderman Gutenberger: seconded by Alderman Hamlin RESOLVED, 'ghat the collateral deposited by the Tompkins County Trust Co. and the First National Dank wnd Trust 'Co. as reported and attached hereto be approved as to Form and" suf'f'iciency. _ Ayes - (11) Abstention - (1) Barber Carried REGULAR MEETING_go OF COIN' MUNCLL: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That regular meetings of Coral= Council for 1915 be held at '7:30 P.M. on the first Wednesday of each month in Comon Council Chambers at City Hal., 108 E. Green Street. Carried GEORGE PFANN INVOICES: By Alderman Gutenlierner: seconded by Aldermen Spano RESOLVED, That the invoice from George R. Phann, Jr. in the amount of $5,04.48 be approved for payment. Carried TOMPKINS AND WAMaNS ABSTRACT COMPANY INYO i r . .. By Alderman Ciptenberger: seconded by Alderman Boothroyd RESOLVED, That the invoice f9rom the Tompkins and Watkins Abstract Co. in the amount of $1,040 be approved for payment. Carried AUDITS By Alderman Gutenberger: seconded by-Alderman Spann RESOLVED, That bills audited and approved by the Budget and Administration Comm. in the total amount of $6,31.2.11 audit abstract #1-1975 be approved for payment. Carried Mayor Conley let Council know that he wants them to stay for an executive session after the meeting. OLD BUSINESS •. . U.S. NAY" RES RVE TRAIN+VG CEP tER. (TtN CAN): Alderman Jones asked if there had been any report from Tin Can. Mayor Conley replied that Tin Can accepted the of'f'er and they are waiting for the papers. As everyone remembers Council authori ................... .. -29- City funds would be in jeopardy. TRAFFIC CONTROL SYSTEM ON GREEN AND GENEVA STREETS: Alderman Boronkay has received many complaints about having a traffic control system installed on Green Street and Geneva Street. Mayor Conley stated -that is under consideration now by the State and the Board. 6�rE's cy.�4.,��. PURCHASE OF 9Rf�S PROPERTY ON FLORAL AVENUE: Alderman Barber asked if anything has been done on the purchase of Gds property on Floral Ave. Alderman Gutenberger stated that they are waiting now for a response from the Gcnrr County on Vha.t their attitude will be on prior taxes that were due before Mr. C,ar purchased the property. He has had discussions with the Attorney for the City and resolved their differences. NEW BUSINESS ENACT ANTS OF THE CITY CODE: Alderman Slattery brought forth the following resolution pertaining to ttie enactments received from Geneva Municipal Consultants: tl"r x By Alderman Slattery: seconded by Alderman Boronkay QWHEWAS, Enactments of the City Code which require special procedures have been received by the City of Ithaca from Geneva Municipal Consultants, NOW THEREFORE BE IT RESOLVED, That the City Clerk is hereby directed to distribute these enactments to the appropriate Departments of the City and ask that they be acted upon before the next regular meeting of Common Council. Carried On a motion the regular meeting was adjourned at 10:55 p.m. and Council went into Executive Session. r./ Ali ; s; Jo eph A. Rundle, City Clerk Edward J.Nonley, Mayo COMMON COUNCIL PROCEEDINGS City; of. ITHACA, NEW YORK Special Meeting 5000 p.ni. January 23, 1975 PRESENT Mayor - Conley Alderman - (10) Barher., Boothroyd, Dennis, Gutenberger, Jones, rleyer, Nichols,' Saccucci, Slattery, Spano ABSENT Alderman - (2) 8oronkay, Hamlin OTHERS PRESENT Police Chief - Herson Director of Planning VanCort Dep. Duilding Commissioner - Jones Attorney for the City - Shapiro Supt. of Public t]orks - Dingman Youth Bureau Director - Cutia City Controller - Daley City Clerk —Rundle SPECIAL ORDER OF BUSINESS Youth Bureau Part-time Positions - Bob Cutia: Youth Director, Cutia asked for six part-time positrons in such areas as; officials for basketball - (3) , learn to swim program - (2) , theater ,workshop- (1) . He stated that these are programs considered in the,`budget request and the programs will be lasting for five to six more weeks and the theater workshop will be lasting until Play. - 11r. Cutia stated that these programs started before, January 1, 1975 and the programs will have to cease to exist if these positions are not filled . He further explained the reasons for these position needs and the amount that each position is paid. Alderman Slattery asked if these programs are reimbursed by the State. 1Ir. Cutia replied that the recreation programs are not. .Ir. Cutia reported to the Council that the swim program will bring in enough fees to break even, the basketball program has no fees, and the theater workshop will bring in less then what will be going out. Replacement of Positions Needing Council Approvals By Alderman Gutenberger: seconded by Alderman Boothroyd RLSOLVED, That this Common Council authorizes the hiring of re- placement of personnel in the following position: Civil Service Secretary to become effective January 13, 1975, Alderman Barber asked if the Civil Service program tJas going to be taken over by the County. Controller Daley stated that he was directed to investigate this matter and he has a meeting with rx. Hurlbut and Hr. Murphy of the County. on the 28th of January. Ile further stated that it would take a year to turn it over to the County. A vote was taken on the resolution that resulted as follows Ayes - (8) Nays - (2) Barber, Jones Carried By Alderman Gutenberger., seconded by Alderman Dennis RZSOLVED, That this Common Council authorizes the hiring of re- placement of personnel in the following position: School Crossing Guard to become effective January 13, 1975. Ayes - (9) Nays - (1) Jones Carried Ilk -2- January 23, 1975 By Alderman Gutenberger; seconded by Ald?erman Dennis RESOLVED, That this Common Council authorizes the hiring of re- placement of personnel in the following position-. `'Tater Treatment Plant Operator to become effective when filled. Alderman Barber asked if this was a net.7 position being created. This position is just a replacement. Alderman Tleyer asked if there was anyone in the department that was trainable for this position. Supt. Dingman informed her there• was"no one. Alderman Saccucci asked if the positioh was vital. Supt. Dingman explained that when a person is not at t�Tork for some reason someone else has to be called in and paid time and a half. The plant works on a 24 hour basis and a Tlater Treatment Plant Operator is badly needed. [1'V A vote was taken on the above motion which resulted as folloWs< C Carried. Dy Alderman Gutenberger. seconded by Alderman Boothroyd RESOLVED, That this Common Council authorizes the hiring of re-- placement of personnel in the following position-, Bus Driver Alderman Heyer asked again if the City had any people to cover this position. Supt. Dingman explained that if a nus Driver is sick it is neces- sary to bring in another bus driver. Alderman Barber asked if there is a State law governing how many hours a bus driver can work. Supt. Dingman stated that he knew of no State law governing the hours. A vote was taken on the above motion that resulted as follows- Carried y Alderman Guten:?ergero seconded by Alderman Nichols RESOLVED, That this Common Council authorizes the hiring of re- placement of personnel in the following position:: maintainer T ayor Conley asked what a maintainer Was. Suet. Dingman explained that a itaintainer is a labor grade which is a laborer maintanence man and a maintainer. This position is in the Sign S;iop which has the responsirility of rlanufacturinR the City signs. Supt. Dingman stated that no one could move into this position from the City without making another position open. Alderman Dennis commented that he was in favor of the principle of the moratorium, he felt that he was becoming a personnel administra- tor and that the Budget and Administration Comm. should reexamine it and more clearly define it. A vote was taken on the above motion that resulted as follows Ayes - (5) Nays - (5) Doothroyd., Jones, Meyer, Slattery, Saccucci - 3 y January 23, l o t The mayor voted in favor of the notion to break the tie. Carried ::Mayor Conley directed the City Clerk to notify the Staff on a1�., the information that the Council, will need to make it clear to le Staff on -how the City is going to go through the moratorium and how they are going to evaluate the needs of the Department. The Council will need to determine what procedures they are going to use. By Alderman Gutenberger° seconded by Alderman Dennis RESOLVED, That this Common Council authorizes the hiring of re- placement of personnel in the following position: Youth ,Bureau part-time positions. Alderman Barber asked if there was money in the budget for these positions. Nayor Conley said that they are budgeted. A vote was taken on the above motion that resulted as follows: Carried By Alderman Gutenberger seconded by Alderman Jones RESOLVED, That the hiring of the City Engineer not be authorized, but the authorization be given to Supt. Dingman to advertise for the filling of the position. Alderman Gutenberger said during this time the City will be in a better position to know,where they stand salary wise'. and to see if any other duties can be incorporated into the job. Supt. Dingman stated that he doesn't know what they will gain from this move. He has been authorized by the r.P.T1. to search for a City Engineer, however, it will be difficult to speak to prospective clients if he can't tell them that they have the job and when it will be filled. Supt. Dingman further stated that he can't see why Council is keeping the moratorium on this job as the Engineer- ing Dept. needs some strong leadership at this time. Fie hoped that the Council would move to authorize the filling of this position. Alderman Gutenberger asked if other responsibilities were added to the job would that not make a difference to those applying for the job. Supt. Dingman stated that the position of City Engineer is very well defined Alderman Neyer stated that the question is larger then this in that the whole inflation matter and the whole evaluation of how Council and administrative heads handle a given budget and a given number of people has to be considered. These are things that Council is asking specific information on. idayor Conley stated that the definition of the position of City Engineer is well put in the City Charter, it is a City position, it is a Charter Officer of the City and that the Council' s decision should be whether or not the City should have an engineer. Alderman Gutenberger felt that that was not the question right nor . It is a matter of timing. How long does it take to advertise, and how long does it take to get a response back, Supt. Dingman stated that he hoped that the pnsi.tion could be filled in a matter of a couple nxonths. `le feels that with the labor sit uation as it is now they would have people to choose from. He hoped that from an economic point of view that they could justify the Engineering Dept. and show that it produces services that are equal to its budget. -�- January 23, 1975 Alderman Saccucci asked s,,ho will exercise the duties of the Engineer during the time before the City gets another one. Supt. Dingman stated that the professional duties of the Engineer will have to be performed by himself. In addition, the other duties will be handled by the people in the Department. Supt. Dingman stated that the department had one other graduate engineer but it is impossible for him to fill the position at this time. Alderman Nichols made the point that loyal employees are one of the biggest assets that an organization has. She felt that the City is better off having loyal workers that have been with the City and are going to stay with the City. She felt that the City shouldn't eliminate jobs at a time when jobs are scarce. Alderman Barber stated that he would vote against the motion as it stands now, and he is in favor of appointing the position. �+ A vote was taken on the motion that resulted as follows CC tl Ayes - (9) QNays - (1) Barber Carried © mayor Conley asked Council to relate to 1-4.r. Dingman what information they would like him to provide and Council will be called together again to give him an indication of what Council would hP looking for in a new position. Alderman Gutenberger stated that they want the results of the 70 cut Mack first then deal with what the position and it' s duties. Alderman Gutenberger read the following recommendation from one department head for his staff 1. I.-'ake cuts in the staff baser upon needs per unit of 10 to 15 participants. In some program areas t,,e feel we will not need this ratio of a varied number of volunteers and etc. 2. 11ake every effort to involve volunteers, contact the local volunteer office for assistance. 3. Use existing staff for additional program needs. 4. Scaling down programs to their best capability providing competent leadership. Supt. Dingman asked if what Council °,anted was the effect of a 7,01. cut in the 1975 budget in salary would be, or are there specific areas that we could reduce the cost of operation. Alderman Gutenberger stated that taking the existing budget as it has been proposed, the tentative budget as it has been passed, the dept. heads should look harder at the areas of labor, wage and salary segment recouu�iending where cuts could be made, where economies could be made, and indicating the results of those cuts and those economies. It is not desirable to cut services if at all possible. 17ayor Conley stated that Far. Dingman put in the 1975 budget with the 1974 payroll knowing that he' s already taken a loo decrease in payroll. Supt. Dingman stated that what he thought was that he should. start out anJ corxG<:l: the budget figure for the projecting of the 1975 huayct as we have been operating, and salary increases were not available at the time he submitted his budget. After that he could make his 7% adjustment. Alderman Gutenberger stated that the 71U will not be definitely cut, they were just asking for recommendations as to what it would do. Alderman Gutenberger asked for a c ..arification as to whether or not an addition in the duties would effect the advertising of the City Engineer position. He understood that it would not effect the advertising. r!/ -5- January 23,1975 Playor Conley asked Alderman 111eyer what information she would need before she would she could make a_ deci lion on thi.s~particul.ar position. Alderman -3eyer said she would give this information to the vlayor in the form of a memorandum so he can send it to the dept. heads. Alderman Gutenberger offered two resolutions: Date Change for Returning Dept. Information Surveys to B. & A. Comnt- By Alderman Gutenberger° seconded by Alderman Jones RESOLVED, That the date for returning the Departmental Information Survey to the B. & A. Comm. be changed from February 14, 1975 to February 3, 1975. Carried Authority to B. & F.. Comm. to A prove Hiring During Moratorium: B3 Alderman Guten erger! seconded by Alderman Boothroyd RESOLVED, That during the moratorium the B. & A. Comm. be empowered to authorize the apgroval of hiring of replacement personnel. - Carried On a motion the meeting was adjourned at 6205 p.m. Jdseph A. Rundle, City Clerk E _war . Conley, jl:ayor COMMON COUNCIL PROCEEDINC9 CITY OF ItAACAj NEW YORK Regular Meeting 7:30 p•m• February 5, i§15 PRES T: Aldetmen (12) - BaYber, $oothroyd, Borohkay, Dennis, Gutenberger, Hamlin, Joti+ehi Meyer, Nichols , Sactucci, Slattery, Spano ,-THEFTS PRESENT: Controller - Daley Planning Director - Van Cort Attorney for the City - Shapiro Deputy Building Commissioner - Jones Sup't. of Public Works - Dingman Police Chief - Herson Ass't. to the Supt. - Dougherty City Clerk - Rundle Acting Mayor Gutenberger presided over the meeting until Mayor Conley arrived at 8:30 p.m. PLEDGE OF ALLEGIANCE: All present were led by Acting Mayor Gutenberger in the Pledge of Allegiance to the American Flag. MINUTES: Acting Mayor, Gutenberger asked for approval of the minutes of the January 8 and January 23, 1975, meetings. By Alderman Barber: seconded by Alderman Dennis RESOLVED, That the minutes of the January 8 and January 23, 1975, meetings be approved. Carried PUBLIC HEARING ON ORDINANCE 75-1: Acting Mayor Gutenberger explained Ordinance 75-1. No one appeared at the public hearing. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the public hearing be closed. Carried ADDITIONS TO THE AGENDA: Alderman Jones asked to submit an alternate resolution on the transit item on the Planning and Development Committee's agenda. No objections were made. Alderman Nichols requested the addition to the Charter and Ordinance Committee's agenda a resolution that everyone assumed had been passed regarding sales tax; a part of the City of Ithaca Municipal Code. No objections were made. Alderman Gutenberger requested that an item be added to the Budget and Administration Committee, concerning a bill which was received from New York State on the Rosemary Lane project of 1961. No objections were-made. COMMUNICATIONS LETTER FROM JACK C. CLYNES: City Clerk Rundle read the following letter: To: Mayor Conley From:Commissioner Jack C. Clynes, Chairman Building and Grounds Committee of Board of Public Works Date:February b, 1975 At the next meeting of the Board of Public Works on February 12, 1975, we expect a presentation of the plans and specifications for the Construction and Maintenance facility. This is scheduled for 5 p.m. We would like any or all of the interested members of Common Council to attend. Following the presentation there wi11•be a one-week time period for further review before the project is advertised for bid. _2- February 5, 1975 ANNUAL REPORT OF FIRE RELIEF FUNDS: City Clerk Rundle presented the—Annual-Report of the Fire Relief Funds for 1974, to the Council for -approval. (copy attached to minutes) By Alderman Dennisc seconded by Alderman Slattery RESOLVED, That the Annual Report of the Fire Relief Funds for the year 1974 as presented be approved. Carried ITHACA YOUTH BUREAU ANNUAL REPORT: City Clerk Rundle presented the Ithaca Youth Bureau Annual Report. By Alderman Boothroyd: seconded by Alderman Jones RESOLVED, That it be noted that the Ithaca Youth Bureau Annual Report was received by Council. Carried PERSONS APPEARING BEFORE COUNCIL _GREGORY KASPRZAK - 314 Taylor Place: Mr. Kasprzak appeared speaking as Chairman of the Inlet Park Committee. Mr. Kasprzak explained that the Inlet Park Committee has met to discuss basically the latest events taking place in the Inlet Park or Caps Park. They had reports from the state people in the construction of the marina, and their plans are going well and on schedule. They are hoping to open the marina basin for alteration in the late spring or early summer of 1976. The Center for the Arts is about to request a building permit from the city to rehabilitate the hangar. Their rehabilitation is mainly at the moment an internal one there is no external activity that they are proposing at this time. They do hope, holdever, to paint the building before the summer session of the evening event takes place, The City's share of the park there are currently proposed two rest rooms structures for the Cass Park area; one in the south end area and one in the north end area of the site. The Inlet Park Committee has looked at some of the drawings and they have not approved the drawings as yet. Mr. Kasprzak explained that it was simply being reported to Council so that if there is any request for money appropriation, the Council would be aware of what they have come upon so far. Mr. Kasprzak also commented that the state will be building soon a maintenance facility. In the past, they have talked to Mr. Cumerford who agreed that he is willing to negotiate with the City where by some sort of a mutual understanding can be reached and beneficial to both parties in terms of the money aspect, where by they could build a building, we could maintain the facility and use the building for storage of our equipment, etc. There are no details, because nobody has talked to anybody yet in terms of details; however, both parties, as far as he knows, both parties being the City and the State, are interested in developing some sort of an agreement. Mr. Kasprzak recommended to Council if the City is interested in this type of arrangement there will be no time lost to appoint a committee of some sort or some individual or individuals who would negotiate with the state some kind of an agreement on the basis of maintenance operation. Mr. Kasprzak reported that James Parkes has resigned from the Inlet Park Committee, and requested that a member from the Board of Public Works be appointed to replace Mr. Parkes. Alderman Boothroyd commented that they are approaching the third summer where by there has been no rest room facilities at Cass Park, and hoped that Mr. Kasprzak and the department could get together as soon as possible on the drawings for those rest rooms so they can have them for this summer. Numerous complaints have been received by people because they do not have those facilities down there. Mr. Kasprzak was willing to sit down tomorrow and redesign it himself, because he didn't feel it was really that difficult and didn't think the delay will be caused by the fact that they do not particularly like the present design. Alderman Jones pointed out to Council that one of the reasons that the Inlet Park and Mr. Kasprzak as Chairman is here tonight is on the basis of a resolution passed in December of 1973 by Common Council that states that the Inlet Park Committee is designated as the body responsible for coordinating the development and providing advice to the Mayor and the Common Council of the City of Ithaca on all matters of -3- February 5, 1975 development for the Inlet Park site and related basic areas and that such coordination and advice including but not limited to reviewing proposals for construction and land use in this area and this committee shall consist of members of Ithaca's Common Council, the Board of Public Works, Planning Board and Youth Bureau and the State Parks Commission and other appropriate persons appointed by the Mayor. Alderman Jones agreed that Alderman Boothroyd when he speaks about the need for the facilities in the park. We are also reaching the point Where we are talking about a mini pool for small children in the park, which is another item that will come under this committee as it moves further along, perhaps -ve could simply restate the fact that we asked this committee to review all those things which ate going on in the park and that they move with haste, because the BVW is very anxious to put these particular facilities out to bid. By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, That the Maintenance Facility item, being coft6ideted by the state, be referred to the Intergovernmental Relations Committee for some kirid of negotiations with the state. Carried JOHN SADWITH - 206 W. Court Street: Mr. Sadwith appeared before Council speaking G in opposition to the Ceracche rate increase. Mr. Sadwith explained that he did not want to argue any legalistic arguements about percentage of increase, opening books or anything of this nature. His major concern is on Monday within a time span of one half hour he was able to gather 100 signatures on a petition opposing the Ceracche rate increase. All of these signatures were people who live within the City of Ithaca and that have cable service from Ceracche. His major point of contention is the business practices performed by Mr. Ceracche; the way in which the Ceracche corporation deals with the public in there every day business sense. Mr. Sadwith said when he was getting signatures not one person turned down signing the petition. He met with a complete universal hatred of the Ceracche Corporation. Everyone that has had a problem with the cable that Mr. Sadwith spoke to that has had the deal with the Ceracche Corporation in person or by phone has almost unanimously met with contempt, with anger but with no sense of responsibility on the part of Mr. Ceracche's corporation to deal with the public and the consumer in a civil and conciliatory manner. Mr. Sadwith, believed that this is a dangerous precedent; many of us get upset with the telephone company. If you have a complaint, you call the telephone company up and Mr. Sadwith felt that everyone would agree that the telephone company although may not act favorably upon their complaint, are certainly civil, friendly and certainly seem to go out of their way to try to make us feel a little more comfortable. That company is of course regulated. In order for the consumer to get any better service out of the Ceracche Corporation, we can't take our business elsewhere. There is no way we can put pressure upon the Ceracche Corporation to deal with us as consumers in a more humane manner. Unfortunately, the only way Mr. Sadwith can foresee us saying to the corporation that they had better shape up and deal with us as human beings, that in fact they have no inherent right to treat us with contempt is to not grant the rate increase until such time as Mr. Ceracche's business practices in relationship to the consumer have somehow bettered themselves. LAWRENCE REVERBY - INTERLAKEN, NEW _YORK: Mr. Reverby explained that he was a resident of Interlaken and has been for five months. Mr. Reverby wasn't sure what the status was of the resolution on the Ceracche Corporation is at the moment. He was informed that it was possible that there would be a vote tonight to pass the resolution of the Charter and Ordinance Committee and then have a public hearing. Attorney Shapiro explained that the question was presented quite recently and he felt that since the original franchise was granted by a local law, any amendment to tl—u franchise including the rate increase should also be done by local law. That requires a public hearing after passage by Council in the Mayor's office. In addition it also requires certain notice requirements in that it requires being on the Councilmen's desk for seven days or mailed to them ten days in advance. There are provisions in the law for getting around that. If, for instance, an emergency exists, Attorney Shapiro felt that in this case we are really talking about perhaps laying it on the table so to speak tonight and then acting upon it at the next Council meeting if Council- so wishes. _4_ February 5, 1975 Attorney Shapiro explained that it has not been given to the Council members at least seven days in advance and therefore it cannot be acted upon tonight. Acting Mayor Gutenberger commented, as he understands the ruling from the Attorney for the City, there will not be a vote; it will simply be laid on the table tonight. Mr. Reverby said he would speak to the issue when it comes up for vote before Council. ATTORNEY FOR THE CITY REPORT SOUTHSIDE CENTER: Attorney Shapiro explained that the report on the Southside Center is really the same. The last communication he had for the Attorney for the Southside Center was simply that they are obtaining a new abstract and they will be forwarding the abstract to him at such time as they have to complete it. Attorney Shapiro received this communication sometime in late December and he has heard no further word with respect to that. BEAM TRAVEL AGENCY SIGN: Attorney Shapiro reported that he was served on behalf of the City with papers in an Article 78 proceeding with respect to a determination of the Board of Zoning Appeals at its January meeting with respect to the Beam Travel Agency sign. TOWN OF ITHACA EASEMENT: Attorney Shapiro reported that we have been approached again directly with respect to certain easements for the Town of Ithaca with respect to the Bolton Point project. These easements as currently envisioned would be running through Giles Street and across the water shed. There are maps it is being handled essentially by the Board of Public Works and we have requested from the town various plans and specifications with respect to the easement, specifically referring to the restoration. of the city streets. It has been the implied intent of the Board of Public Works that these easements would be granted as long as the town could satisfy us as to the terms of the easement and so forth. Alderman Boothroyd asked if there was a time limit pint on that parcel behind the Southside Center. Attorney Shapiro said the time limits put on that conveyance for the Council at its December Council meeting was asking for a conveyance of the back parcel by the end of December and entering into a lease by March 1, 1975• Attorney Shapiro wrote to the Attorney for the Southside Center expressing the will of Council. They finally had a meeting on December 19th with the Board and that was they apparently decided that they would convey us the back parcel but it would be wrapped up once again with this lease idea. The problem stated to him by their attorney is that they did not have an abstract with the back parcel and that they would have to obtain one. He said it would be forthcoming. Attorney Shapiro has not received it; we have had a couple of other exchanges which might have ruffled some feathers and gotten some action but once again nothing has happened in the last month and a half. Alderman Jones commented that she has had a request this morning from the Southside Center for them to meet with members of a committee of Common Council to try to resolve the matter and perhaps we can set up this arrangement at the end of this meeting. Alderman Hamlin asked whether or not the to(-A.1, laws on the 4aaAries for the elected officials could be made ret.rva(-five. Attorney Shapiro explained the reason those particular local laws were written that way is because they were written back in December and it was conteigplated by him that they would be passed by Common Council at a speeiad; meeting to be held in December. That is the way it was presented to him whert-3t first came ups That is why they were written that way. There was some consideration on his part to the fact that they might not be acted upon until sometime in 1975. If they were even enacted and passed in 1974 they would be subject to a permissive referendum and they might not become effective until sometime in 1975• To that end he specifically put in the local law draft that was proposed that although 4-h- sa.nn,ial. salaries would be increased the actual would not be paid until such time as they would become effective. Attorney Shapiro understood that there was some confusion about that although he did express his opinion to Controller Daley -5- February 5,> 1975 who he believed conveyed it to Common Council that u"il the laws were effective there would be no salary increase. That is not taken to mean that it would be retroactive; we Would not be granting any retroactive increases. CHARTER AND ORDINANCE COMMITTEE' REFERENDUM 21 FLUORIDATION: Alderman Nichols reported that the date for the referendum oh fluoridation of city water supply was discussed at the Charter and Ordinance meeting. It was decided that it was best to leave it until it became clear whether there were going to be any other referenda or whether it was best to put it on the ballot at the next general election in November. LOCAL LAW NO. 6 1975: Alderman Slattery explained that Local Law No. 1 should be changed to Local Law No. 6 1975• However after he had talked with the Attorney for the City he reviewed the Local Laws and it appears that there is also a Local Law No. 2 and a Local No. 3 and wondered if they should be changed to read 7 and 8. �. By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That Local Law No. 1 of the year 1975 be changed to Local Law No. 6. tf: 1a Carried By Alderman Slattery: seconded by Alderman Nichols l LOCAL LAW NO. 6 OF THE YEAR 1975 CITY OF ITHACA A Local Law to Codify Local Laws of the City of Ithaca as a Part of the "City of Ithaca Municipal Code" Be It Enacted by the Common Council of the City of Ithaca, New York as follows: SECTION 1. CODIFICATION OF LOCAL LAW #1 OF THE YEAR 1970. That Local Law #1 of the year 1970 is hereby codified as "Chapter 102 entitled "Continuity of Government" to read as annexed hereto and made a part hereof. SECTION 2. CODIFICATION OF LOCAL LAW #3 OF THE YEAR 1970. That Local Law #3 of the year 1970 is hereby codified as Chapter 106 entitled "Commission for Conservation of the Environment" to read as annexed hereto and made a part hereof. SECTION 3. CODIFICATION OF LOCAL LAW #2 OF THE YEAR 1959 AS AMENDED BY LOCAL LAW #3 OF THE YEAR 1963. That Local Law #2 of the year 1959 as amended by Local Law #3 of the year 1963 is hereby codified as Chapter 112 entitled "Bingo" to read as annexed hereto and made a part hereof. SECTION 4. CODIFICATION OF LOCAL LAW #2 OF THE YEAR 1937 AS LAST AMENDED BY LOCAL LAW #2 OF THE YEAR 1950. That Local Law #2 of the year 1937 as last amended by Local Law #2 of the year 1950 is hereby codified as Chapter 125 entitled "Utility Tax" to read as annexed hereto and made a part hereof. SECTION 5. REPEAL OF INCONSISTENT PROVISIONS. That all inconsistent provisions of resolutions, ordinances and local laws heretofore enacted by the Common Council of the City of Ithaca be and they hereby are repealed. SECTION 6. ILLEGALITY OR UNCONSTITUTIONALITY. If any Chapter, local law, clause, sentence, paragraph, word, section or part of this codification shall be adjudged by any court of competent jurisdiction to -6- Febr4aryr 5> 1975 be unconstitutional, illegal or invalid, such ,judgment shall not afi'Mct, fair or invalidate the remainder thereof, but shall be confined in its 60er4ti1QA to the Chapter, local law, clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 7. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. A roll call vote was taken which resulted as follows : AYES: 12 NAYS: 0 Carried SALES AND USE TAX: By Alderman Slattery: seconded by Alderman Boronkay RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK, AMENDING RESOLUTION DATED JUNE 25, 1969, IMPOSING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, ADMISSION CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND AS LAST AMENDED BY RESOLUTION DATED JULY 7, 1971. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK AS FOLLOWS: (copy attached to minutes) Carried DOGS ON ITHACA COMMONS: Alderman Nichols reported that the Charter and Ordinance Committee is looking into cooperation with various othet Cotficil committees and drawing up some stable legislation to cover this problefn and some of the other problems connected with keeping the Commons as pretty as it is starting out to be. TAX EXEMPTION FOR ELDERLY: Alderman Nichols reported on the change in income tax limits for 500 tax exemption for city residents over 65. There has been a rppost to increase the base of $6500: The committee hasL met on it and it was referred to the Intergovernmental Relations Committee. By Alderman Nichols: seconded by Alderman Meyer RESOLVED, That this action be continued tonight, that it be referred to the Tiit�rg«vernme.ntn.1 Rpla.tions rormittPe. Carried Alderman Slattery explained that this will probably require a special meeting because it should be enacted before March 1st. He talked with Harris Dates and Harry Kerr and referred him to Tom Payne, the county assessor, who has done a study on various townships surrounding Ithaca. At the present time the County tax exemption is $4000, while the city's is $5000. The County does not finalize their tax rolls until May 1st which means if we are to take action on this matter, we will not have a precedent to follow because the county will not take action until after we must. The County being $4000 it being urged by the director of assessment raise their to at least $6000. Alderman Slattery urged each member of Council to review this information thoroughly so that a decision could be made at the next meeting, on whether or not they should increase our limitation to $6500. Alderman Slattery said in discussing this matter with the City Chamberlain the present tax exempt property in the City of Ithaca is now 61_% of the properly tax exempt. Alderman Saccucci commpnted that he has had many calls from the Senior Citizens which heavily rely on this exemption and they would like to see this matter expedited so they can file their applications before the deadline. TOWN OF ITHAC_A -_FIRE CONTRACT: Alderman Nichols reported on receipt of a letter from .Tames V. Buyoucos, Esq. , Attorney for the Town of Ithaca dealing with the Fire Contract with the Town of Ithaca. -7- February 5, 1975 By Aldermen Nichols: seconded by Alderman Slattery RESOLVED, That the fire contract with the Town of Ithaca be referred to the Intergovernmental Relations Committee and the Attorney for the City with a report to be delivered at the March Council meeting. Carried Alderman Slattery commented after talking with Attorney Shapiro he found that Mr. Shapiro had talked with Mr. Buyoucos and they indicated that there were some matters of concern about the contract. Alderman Slattery contacted Mr. Buyoucos and asked for a meeting, at their earliest convenience, and they are waiting for a reply. Attorney Shapiro explained that presently we are operating without a contract. Mr. Buyoucos stated two weeks ago that he hoped all things would be wrapped up in two weeks; that obviously has not happened. The areas to still be negotiated are the town feels they want a three year contract with the price renegotiated each year; where the City's position and Mr. Shapiro's recommendation was a one year contract which could be renewed each year and renegotiate the price. The other tr item which was not mentioned in the letter he received which Mr. Buyoucos brought up concerned liability with respect to fire calls inside the Town of Ithaca by fire department personnel; that is both personal liability for the possible injuries D to the fire fighters and also liability with respect tb damage to the third party's property and/or third party's injuries. Mr. Buyoucos felt that the Town of Ithaca should not accept such responsibility. It has been in the fire contract every year in the past and Mr. Shapiro's reaction to that was, well, if you don't want to accept that responsibility that cost moneys, and whatever the differential price is would have to be born by the Town of Ithaca it would mean that they would have to pay more money. It was left at the point that the City would consider it and see whether they wanted to delete the liability on the part of the Town with an increase in the price and what that increase would be or whether the City of Ithaca wished to keep that provision of the fire contract the same as it had been in years past. To that end they requested a meeting of a representative from the Town board, their attorney, representative of Council and Attorney for the City, so they could try to wrap this thing as quickly as possible. Mr. Buyoucos indicated that they expect to be paying for the service for the whole year. To the effect that we are operating without a contract now for a period of a month, 'hopefully that does not mean we will get stuck for that amount of money. Attorney Shapiro felt that there is some urgency as far as wrapping the thing up. TRAFFIC AND PARKING CHANGES: Alderman Nichols presented the amended ordinance as follows : By Alderman Nichols : seconded by 'Alderman Jones AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" 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 Section 1. That Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is amended as follows : 1. That Section 60.43 entitled "Parking prohibited in designated locations" is hereby amended to read as follows: Delete - West Clinton Street, south side, from Albany Street to Meadow Street. Insert - West Clinton Street, south side, from Albany Street to a point 200 feet east to the east curb line of Meadow Street. Delete - East State Street, south side, from Eddy Street to Mitchell Street. Delete - East State Street, south side opposite Eddy Street, 150 feet west from Eddy Street. Insert - East State Street, south side from the east property line of #807 East State Street, to a point 150 feet west of Eddy Street. February 5, 1975 2. That Section 60.44 entitled "Standing prohibited in designated locations" is hereby amended to read as follows: Insert - West Clinton Street, south side, from Cayuga Street to Albany Street. Insert - east State Street, south side, from the east property line of #807 East State Street to the west property line of #911 East State Street. 3. That Section 60.45 entitled "Stopping prohibited at designated locations" is hereby amended to read as follows: Delete - West State Street northeast side, Buffalo Street to Cliff Street. 4. That Section 60.46H entitled "Parking time limited in designated locations "Two hour Parking" is hereby amended to read as follows : Delete - Court Street, both sides, from Cayuga Street to Geneva Street. Delete - Clinton Street, north side, from Cayuga Street to Geneva Street. 5. That Section 60-62A entitled "Truck exclusions" "All trucks excluded" is hereby amended to read as follows : Delete - State Street from Seneca Way to Albany Street. 6. That Section 60.46H of the Motor Vehicle and Traffic Code is hereby amended to include: (Parking prohibited during certain hours on certain streets) Two hour parking: Delete: Turner Place, east side of 500 block, 9:00 a.m. to 6:00 p.m. Insert: Turner Place, east side of 500 block, 8:00 a.m. to 6:00 p.m. Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a noi-Jec as provi cicd in Section 3.11 (B) of the Ithaca. City Charter, Carried LOCAL LAW NO. 7 OF THE YEAR 1975 CITY OF ITHACA A Local Law Amending the Franchise Granted to the Ceracche Television Corporation. Be It Enacted by the Common Council of the City of Ithaca, New York, as , follows: SECTION 1. AMENDMENT TO THE FRANCHISE GRAFTED TO THE CERACCHE TELEVISION FRANCHISE. That the Ceracche Television Corporation is permitted to increase the basic charge -- residential users in the City of Ithaca from $4. 50 to $5.50 per month for the periou -f one year from the date of final approval by the New York State Commission on Cable 1I evision; and That said increase is grEaxted pursuant to the employment of a uniform system of accounting for the Ceracche Television Corporation, and That the continuance of said increase will depend upon a.ciegiaate indication that the income is needed for the satisfactory operation of cable television service in the City of Ithaca, said indication to be furnished to the Charter and Ordinance Committee of the Common Council no later than July 31st of the calendar year for which the continuance of the increase has been granted. 4- -9- February 5, 1975 That no change will be made in the present charge of fifty cents monthly for additional, hookups to the same subscriber at the same address that are in operation as of March 1, 1975, and.that a rate increase of fifty cents be granted for additional hookups to existing services after March 1, 1975, such additional hookups to- be billed at the price of one dollar monthly per additional hookup installed after March 11 1975. That the Mayor is empowered to appoint an advisory committee on cable television. The committee shall consist of five local residents, three of whom shall be required to live in the City of Ithaca, and shall include at least one trained accountant and one electronics engAneer. The Mayor shall appoint the five members so that one term shall expire each year, so that one appointment_.will be made.each year after the initial group of five shall be selected. The duties of the committee will be to supervise the preparation of the annual report of the television corporation to the Common Council and to make recommendations to the Common Council concerning changes to be incorporated in a future renegotiation of the cable talevision franchise. :L SECTION 2. EFFECTIVE DATE. �q This Local Law shall take effect immediately after filing �,n the Office of the Secretary of State. C� By Alderman Nichols: seconded by Alderman Barber RESOLVED, That Local Law No. 7 be laid on the table. Carried Mayor Conley arrived at the meeting at 8:30 p.m. &Rd chaired the balance of the meeting. FLASH-MACCQLL STP : Alderman Nichols presented the very first copies of the study of of Ithaca city government. She explained that three appendices are missing at the very end. ; Each Alderman will receive better -copies. Alderman Nichols said the report itself is completed except for those thre'o appendices. ZONING LAW. gAMGE REQUEST: Alderman Nichols reported, on the request that was made to Common Council by William P. Sullivan, Jr. for a change in the wording of the uses permit in an R-3 zone. !The Charter and Ordinance Committee has doge some work on this, and have looked into 'it further with the Planning Board Who has recommended strongly against use changes and suggested perhaps instead a map change. They are going to work on this during the month of February and will probably be back with a recommendation soon. HUMAN SERVICES COMMITTEE XOUTI BUREAU CONTINUATION APPLICATION: By Alderman Dennis: seconded by Alderman Spano WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau project to the New York State Division for Youth for it's approval and, if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project as provided by Chapter 566 of the Laws of 1945, as amended: NOW THEREFORE BE- IT RESOLVED, that such application is in all respects approved and Edward Conley, Mayor, is hereby directed and authorized to duly execute and present said application to the New York State Division for Youth for its approval : AND BE IT FURTHER RESOLVED, that this resolution shall take effect January 1, 1975. Carried G.I.A.C. LEASE AGREEMENT By Alderman Dennis: seconded by Alderman Saccucci WHEREAS, The City of Ithaca and the Greater Ithaca Activities Center has heretofore entered into annual agreements with respect to the former Central School Building for which the City of Ithaca has heretofore been granted a license, and MIEREAS, The'City of Ithaca and the GIAC is desirous of continuing this relation- ship upon the terms and conditions expressed in the attached contract, NOW THEREFORE BE IT RESOLVED, that this contract is hereby accepted by the City of Ithaea.and hereby authorizes the Mayor to execute said contract. Carried. -10- February 5, 1975 Alderman Jones asked what is the difference between on page 1 where it states that the GIAC has assumed coih�lete responsibility for the maintenance with respect to the use of the former Central School Building, and on page 2 the City through the Youth bureau arranges for meeting major maintenance needs through a jointly agreed to Youth Bureau GIAC Committee. Alderman Jones asked what do those two responsibilities mean.What is the definitions of maintenance as apposed to major maintenance and who is responsible for deciding the differences are and estdblishing the level. Mr. Cutia commented that the major maintenance part of the facility would be any changes like the replacement of windows, capital improvements. Alderman Jones remarked that hose are the items that if the building returns to the school district the City receives a return on its investment, but the general maintenance is the responsibility of the GIAC. Mr. Cutia answered yes, this Is in their budget as aft item of $4000.00 to td.ke care of repair of lights, plumbing, locks on windows, etc. Alderman Boothroyd pointed out on the first page of the contract it states that the City of Ithaca through the Youth Bureau contracts to do the following: maintain the central school bVilding and employ the required staff to accomplish L_ said purpose. Mr. Cutia commented that this was Custodial ma.intenanee, The total budget for 1975 is proposed at 50035 and anticipated income of $57,000. Alderman Boothroyd remarked that :.h line with dome of tie economies that the Council is trying to effect this year, that the Youth Bureau and GIAC would do well to get together with o>dr own Department of Public Works and arrange for some of these minor items. Alderman Boothroyd referred specifically to five items on this months audit where by outside services were contracted for what he considered to be down in hovde fox' labor cost or no costs at all. Mr. Cutia commented that he has discussed thid with Mr. Dinginan and they axle trying to work out an arrangement V�ereby we can do that. Alderman Dennis commented that he also spoke to Mr. Cutia about this particular question, and felt there was some confusion on who was suppose to maintain or do these kinds of things: He said hopefully he thinks it will be happening that there wi.11 be a closer Working relationship with the Youth Burea and the Department of Public Works. Mr. Cutia remarked that he had contacted ' the Ithaca School District to see if they could do any portion that they might be able to do for us. We are down on the list of priorities there, but he did get a commitment that if at all possible when they could help, they would be willing to help us on some maintenance. Alderman Jones asked if we have any idea from the past experience of the school district what the kind of capital expenditures that are going to be needed the next two or three years. Mr. Cutia answered not from the school district but two years ago we made application to HUD for money to rehabilitate the facility, and scent through rather fairly extensive reseach into what was needed to be done. The most important thing is the windows, they are falling out of the place. Work on the heating and plumbing system will be required, other than that the basic structure of the building is very sound. Alderman Jones asked the way in which they will come to Council for funding, is there any plan over a stretch of time. 'Mr. Cutia remarked that he has made application to community development, for all or any part the work that is proposed to be done there. Nothing is pressing and the facility is going to function the most important need at present is the windows -11- February 5, 1975 ORDINANCE 75-1: By Aidetftn Slattery: seconded by Alderman Barber AN ORDINANCE TO CODIFY ORbINANCES AS A PART 01P THE "CITY OF ITHACA MUNICIPAL CODE" BE IT ORDAINED AND ENAtD by the Common Council of the City of Ithaca, Tompkins County, New York, that the Chapter of Ordinances annexed hereto and made a part hereof are hereby adopted and enacted as a part of the "City of Ithaca Municipal Code" as follows : Sec. 1. Codification of Ordinances. That the Chapters off' Ordinances annexed hereto and made a part hereof, as if more fully set forth herein, be and hereby are adopted as and for all ordinances of a general nature and shall be in full force and effect in the City of Ithaca, Tompkins County, New York, as hereinafter provided. The Chapters of Ordinances contained in and intended to be a part of the "City of Ithaca Municipal Code" are enumerated as follows: t!� CHAPTER 1 GENERAL PROVISIONS �4 CHAPTER 5 CITY EMPLOYEES Q CHAPTER 16 LICENSING OF BUSINESSES & OCCUPATIONS CHAPTER 17 PEDDLERS AND SOLICITORS CHAPTER 19 AMUSEMENTS CHAPTER 23 TAXICABS CHAPTER 24 TRANSIENT MERCHANTS CHAPTER 26 BUILDING CODE ENFORCEMENT CHAPtGR 27 HOUSING CODE CHAPTER 30 ZONING CHAPTER 31 SUBDIVISION REGULATIONS CHAP'T'ER 32 LANDMARKS PRESERVATION CHAPTER 33 9NCROACHMENTS CHAPTER 34 SIGNS r CHAPTER 35 MMMING POOLS CHAPTER 54 ANIMALS CHAPTER 55 FIRE REGULATIONS CHAPTER 60 TRAFFIC AND VEHICLES CHAPTER 61 SNOWMOBILES CHAPTER 65 PUBLIC SAFETY CHAPTER 81 PARTIAL TAX EXEMPTION Sec. 2. Effect of adoption. That the adoption of the "City of Ithaca Municipal Code" is not intended as a repeal or to have any effect upon any special ordinances or ordinances of a temporary nature such as, but not limited to appropriation ordinances, tax levy ordinances, bond ordinances, ordinances relating to street dedications, abandonment or naming of streets, franchise ordinances, contract ordinances, loca1 improvement ordinances, and any ordinance or parts of any ordinance which by necessary implication is not intended to be repealed. Sec. 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11 (B) of the Ithaca City Charter. A roll call vote was taken which resulted as follows: AYES: 12 - Meyer, Boronkay, Spano, Barber, Nichols, Dennis, Slattery, Boothroyd Saccucci, Jones, Hamlin, Gutenberger NAYS: 0 Carried APPOINTMENT OF COMMITTEES: Alderman Dennis reported that he is going to appoint three people to various committees and it has already been discussed in committee and everyone was willing to serve. Alderman Spano is going to be appointed to the EOC Committee; Alderman Meyer to the Ithaca Housing Authority and Alderman Dennis to the Youth Bureau Advisory Board. 1 _12_ February 5, 1975 TIN CAN: Alderman Dennis reported that the school district was not at this time interested in the leasing of the Tin Can from the City, based on the fact that they have not finished their redistricting feasibility study and they don't know what kind of space they may have available in the coming year. Mayor Conley declared a recess at 8:55 P.M. Council reconvened at 9:05 P.M. Mayor Conley introduced Mr. Harold Van Opdorp from Municipal Consultants and Publishers, Inc. who is responsible for putting together the recodification of the codes and ordinances. Mr. Van Opdorp explained that a great amount of effort was put into this project. They had to unravel a lot of things and put it back together again and hopefully this is the beginning of a good relationship that from now it will be a little bit easier to get the ordinances in shape in the future. Mr. Van Opdorp thanked everyone for their cooperation in putting this together; not just the Council, but Supt. Dingman, Deputy Building Commissioner Jones and attorneys, etc. who have all put in their part and effort to put this together. COMMUNICATIONS FROM MAYOR EXAMINING BOARD OF PLUMBERS: Mayor Conley requested approval of his appointments of Frank Orzino 209 Fourth Street, as a master plumber and Edward Halloran 510 Turner Place, as a Journeyman to the Examining Board of Plumbers. By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the Mayor's appointments of Frank Orzino and Edward Halloran to the Examining Board of Plumbers be approved. Carried LETTER FROM DEWITT PARK IMPROVEMENT COMMITTEE: Mayor Conley presented the following letter: January 23, 1975 Dear Mayor Conley, We hope that it is possible for you to bring before the Common Council within a week or two, for its approval, the proposals for spring improvements in DeWitt Park. We recognize with pleasure the success of the Commons as the central attraction of the business area; however, DeWitt Park will always be the historic center which enhances the charm of its bordering buildings only if it receives some share of attention every year, in addition to its regular upkeep, until its redevelopment is completed. Our September '74 letter to you detailed five suggestions for spring '75 plantings, with price estimate totalling $5000. We understand that there are $700 left from previous seasons, which would not be enough even to provide for the first and most needed item, a shrubbery hedge along Buffalo Street (shrubs and planting estimated at $1200 by Mr. Warren White). New benches and trash cans, as well as more plants, were other suggestions. If the whole proposed package cannot be approved for this March planting, the committee earnestly hopes that Council will approve the additional funds to add to the $700 now available, in order to at least make possible the Buffalo Street hedge. Plants for this should be ordered shortly. The other item which cries for attention is the fountain. Last fall we understood that Mr. Charles Barber had worked out plans for a different type of water system. If Council approval for implementation of this is needed, we request that it be given. The Committee is concerned about the apparent lessening of interest, on the City's part, in completing this project. Please let us know your position in this regard. Yours very truly, Anne G. Baldwin, Chm for DeWitt Park Improvement Committee -13- February 5, 1975 . By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this letter b e referred to the Budget and Administration Committee. Carried. Mayor Conley reported receipt of a letter from Ralph Jordan, Executive Director of the Chamber of Commerce, regarding the program for this years national junior olympic's Mayor Conley also reported that he sent a letter to Local AAA asking the people in the City of Ithaca to participate in the gas watchers program. It is a promotion designed to save the use of gasoline. BICENTENNIAL COMMITTEE: Miiyor Conley reported that they have been working with the Area Beautification Council and have asked them Whelp coordinate between city and county the city's Bicentennial activities and the county's Bicentennial activites and also to try.to encourage the other townships in the county to come up with a project. Mayon Conley said he will be appointing a committee. PLANNING AND DEVELOPMEXT CO MITTEE cr FEDERAL ASSISTANCE APPLICATION: Alderman Jones remarked that she wished to start off her report with the application for community development funds for the first period of time. A working Session of the Planning and Development Committee will be held on Tuesday, February 11, 1975, to review the application: Planning Director Van Cort explained that this is a grant which is the recommendation of the Ad Hoc Conmuhity Development Ccmm. appointed by the MV=Mr. Van Cort reviewed the application with the Council and asked Council to act on this application next, Wednesda3t, February 12, 1975• ZIKAKIS REQUEST: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the request from Zikakis Chevrolet on Elmira Road for the purchase of city owned land behind their existing facility be referred to the Planning Board and the Board of Public Works for their recommendations. Carried ITHACA WATERWAYS STUDY: Alderman Jones explained that Ithaca Waterways study is a Planning Department study which was requested originally last year by the Planning and Development Committee of Council. The Department has submitted an application which will hopefully be submitted by th_s Council to the State Office of Planning Services. This is one of the proposals for which we will have to budget for the entire $10,448. We are reimbursed by the State of New York five sixth of that money and the remainder comes from the Inhouse in the Planning Department staff. This comes to Council with the recommendation of the Planning Board. The Planning and Development Committee would like to see this referred to the Budget and Administration Committee for inclusion in the 1975 Budget. This also perhaps has an' advantage as far as the city goes in that it might be part of any Bicentennial plans that we might add to the green walkway As opposed to the green belt which is being contemplated for a city kind of project. A year ago the Planning and Development Committee suggested that it would be very good if the controller started trying to find funds for the kinds of recommendations which come out of studies on this, so that we will not pile these things up on the shelf and say it would be nice to take care of the waterways and the creeks. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Budget and Administration Committee for consideration. Carried 701 PROPOSAL: Alderman Jones reported that the Council request the City Clerk to write a letter to Michael Allen who is the administrator of the executive and professional development program at Syracuse University who worked with us on the C.W. Robinson 701 proposal and thank him very much for an instructive meeting. BOARDMAN HOUSE: Alderman Jones reported that there is a request of the Landmarks Preservation Commission on the":abating of the taxes on the Boardman House. That is currently in Attorney Shapiro's hands and the County Assessor's hands and perhaps there Will be a recommendation next time. _14_ February 5, 1975 MINI BUS: Alderman Jones reported in talking about the mini buses which both the city and the Red Cross spoke to acquire and that the Early Mass Transit application it becomes apparent that although none of us have these mini buses at this time that we need in fact to work on a system whereby they will be useful for the elderly and handicapped. By Alderman Jones: seconded by Alderman Saccucci RESOLVED, That the Planning Development Committee recommends that the Ad Hoc Transit Committee and that the Common Council Intergovernmental Committee proceed to develop some kind of plan for transportation for the elderly and handicapped and that the matter be returned to Common Council for the necessary action. Carried ITHACARE REQUEST FOR BUS SERVICE: Alderman Jones reported that there is a request from Ithacare for City bus service directly to the Ithacare facility. By Alderman Jones: seconded by Alderman Spano WHEREAS, the City is working with others on long range transportation needs of the elderly and the handicapped, and WHEREAS, Ithaca, Inc. is requesting more adequate City Transit service for its residents, Now therefore be it, RESOLVED, That as the first step in providing transportation for the elderly and handicapped, the Community Transit System be extended to provide the Ithacare facility _ with round trip service to the Central Business District three times each week, said service to be provided within the existing bus driver complement, and be it further -- RESOLVED, That the Attorney for the City obtain permission from Ithaca College to use the extension of Valentine Place as an egress route from Ithacare and that this resolution be referred to the Board of Public Works for implementation, and, be it still further, RESOLVED, That this first step in providing transportation for the elderly and handicapped shall be expanded as specific needs, and share financial committments are made known. Alderman Gutenberger requested that the motion be tabled until his committee has a chance to see how this fits in with the departments 7% cut back that was requested by Council. By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That this matter be tabled until the Budget and Administration Committee has finished their necessary review. AYES: 12 NAYS: 0 Carried ROTHSCHIID REQUEST: Alderman Jones reported that there is a request to the Mayor and Council from Mr. Rothschild concerning that triangular piece of land which is to the east of his proposed new store at the corner of State and Aurora. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Attorney for the City and to the Planning and Development Committee for recomendation of Council. Carried Mayor Conley explained that during the negotiations with Rothschild his original plan was that his building would come up State Street and go down Aurora Street along the street line then later on when his plans got further in the development phase he squared off his building and it left a pie shaped piece of land on the corner of Aurora and State and he at that time made an indication to the City that he would , like to donate that to the Qjty. Although the Mayor and Alderman Jones knew of this it occurred to everybody apt#jng formal has ever been done with it. Mayor Conley asked Mr. Rothschild to send a letter az4 a copy of the map. ENVIRONMENTAL COMMISSION WATERWAYS STUDY: Alderman Meyer reported that they did support the waterways study. RECLAMATION OF NEWSPAPERS: Alderman Beetbroyd commented that some time ago Council requested and voted that we asked the b4artment of Public Works to come up with a study for the reclamation of ntwepaper's and wondered what has happened to that particular study. 2 ii ,i1�!Jb1 _ ' T,7 - r15- February 5, 197§n� Mayor Conley explained that there has been sdine work done on that. The bottom has5VT evn(sJ1L completely dropped fiat of the newspaper market: If we were to continue this studytsn98 we would have to be doing it with the understanding that we are going to collect paper because it is � nice thing to do and pay for trucking it to a _pick up point or.nfil r{� to a. centralization toint and pay for that trucking and we would be doing it out of a ygoo) feeling that it is a great thing for us to be doing. BUDGET AND ADMINISTRATION COMKTTM °' _TO KINS COUNTY SENTOR CITIM5: by Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the Mayor and City Clerk be and they are hereb�r authorized and directed to execute an agreement with the Tompkins County Senior Citizens Council for recreational services in an amount not to exceed. $6,000.0. Carried TOIVKINS COUNTY CHAMBER OF COERCE: By Alderman Gutenbergerl seconded by' Alderman Boothroyd RESOLVED, That the Mayor and City Cler-k be and they are hereby duthorized and 1-n. directed to execute an agreement with the Tompkins County Chamber of Commerce for 3^ promotional serviced in an amount not to exceed $12,500.00. CCarried,. TOMPKINS COUNTY S.P&C.A: By Alderman Gutenberger; seconded by Alderman Spam RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement with the Tompkins County S.P.C.A. for dog warden services in an amount not to exceed $14,033.00. .Carri ed. - ` Alderman Dennis commented that there were some questions by some of the Aldermen ✓ about could the S.P.C.A. vary the hours of coverage .to the Cityj they agreed to There was some discussion that we might develop. . some way for detaining dogs in the nail area and then contact the S.P.C.A. and they would come and pick up the dogs. Thpre was a question of the tickets involved with tagging dogs. The City Controller gave a repot and there were- 72 tickets given out and 52 handled and 18 are pending. Alderman,- -.-,,,,,, Dennis felt that there should be some method of handling the dogs in the mall area, and requested the Mayor and the staff to develop some sort of a program for doing this. Alderman,Meyer commented.that the Commons Advi ory Board has spent a great deal of time talking about this and has asked the Char:er and Ordinance Committee to go back to the ordinance and check it to see if there is some way it can't be more effective. CHARTER AND ORDINANCES BINDERS: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED,_That the City Controller be authorized and directed to purchase 65 binders for the recodified Charter and Ordinances, and BE IT FURTHER RESOLVED, That this Common Council hereby establishes a fee of $100.00 as the purchase price for said Charter and Ordinances. Carried 309 AND 223 FLORAL AVENUE: By Alderman Gutenberger: seconded by Alderman Jones v RESOLVED, That the City Attorney be authorized to purchase 309 and 223 Floral Avenue for a sum not to exceed $750.00 , and BE IT FURTHER RESOLVED, That this Common Council hereby expunges the City of Ithaca property taxes on 219, 223 and 309 Floral Avenue in an amount of $1294.64, 3E IT FURTHER RESOLVED, That this authorization be and is hereby made contingent upon ;he expungement of the State and County taxes. Carried MAINTENANCE FACILITY: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, that the City Controller be and is hereby authorized to engage the services of City's bond attorney to prepare a bond resolution in the amount of $1,000,000.00 to finanee' a D.P.W. Maintenance Facility. Carried r ; t -16- Februa 1975 MARRIAGE LICENSE CLERK: CiWOlerk Rundle requested'-Common Council's apoftval of his designation of Jacqueline L.. Boda as Marriage License, Clerk to receive 4pplications for, examine applications, investigate and issue Marriage Licenses in hig Vosence or inability to act. By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That the Clerk's designation of Jacqueline L. Boda as a Marriage License Clerk be approved. Carried AUDIT: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administration Cormi.ttee in the total amount of $25,825.73 as listed on Audit Abstract #2-1975 be approved for payment. Carried ROSEMARY LANE: By Alderman Gutenberger: seconded by Alderman Boothroyd WHEREAS, Common Council entered into an agreement with the State of New York to share the cost of acquisition of a right-of-way on Rosemary Lane to the East City Line on April 5, 1961, and WHEREAS, the City of Ithaca paid $5,500 to the State of New York as their half of the estimated $11,000 cost, and WHEREAS, the City of Ithaca has received an invoice dated 12/10/74 for $7,578.02 as the additional cost of said right-of-way, and WHEREAS, this Common Council believes this invoice to be invalid due to the excessive cost and the amount of time taken to complete this transaction. NOW THEREFORE BE IT RESOLVED, 1. That the Attorney for the City be and he is hereby authorized and directed to communicate this Council's objections to the New York State Department of Transportation. Carried OLD BUSINESS LETTER FROM MUNICIPAL CONSULTANTS AND PUBLISHERS, INC: Alderman Slattery read the following letter: October 14, 1974 Hon. Donald Slattery, Chairman Charter & Ordinance Council City of Ithaca, New York Dear Don: Enclosed please find copies of letters to Dick Daley and the Mayor. We are also enclosing in triplicate proposed Special Act concerning the compensation of the Acting City Judge. We note in the Council minutes of last year that it was passed by a resolution and never forwarded to the State Legislature for enactment. Only the State Legislature can enact this. The Council should pass a resolution requesting the State Legislature to enact same. Then forward copies to your State Senator and Assemblyman so they can introduce it for you. I hope we can wrap things up soon. Thank you for your cooperation. Very truly yours, Harold J. Van Opdorp President Alderman Slattery explained that the City Clerk has sent a letter to the State Senator William Smith and also to State Assemblyman Constance Cook, as follows: Mr. William T. Smith State Senator November 26, 1974 Albany, New York 12224 I r Dear Senator Smith: The Ithaca Common Council has been advised by their consultant on codes and charters (copy of letter attached) that a proposed special act concerning the compensation of Acting City Judge passed December 5, 1973, by Common Council should have been forwarded to the State Legislature for enactment. Attached please find three copies of the resolution passed December 5, 1973, and three copies of the resolution requesting the the State Legislature for ratification. 1 -17- 1075 Please present the r*solut4on Dss.sod 'b ^bdre-Commnn-Council an act to amend Chapter Five Hundred Saventy-four of the Laws of Nineteen Hundred 94nrvoty-three to the State Legislature for enactment. Very truly yours, Joseph A. Rundle City Clerk ;C: Mrs. Constance E. Cook, State Assemblyman Mr: .Donald Slattery, Alderman - Chairman Charter & Ordinance Committee Attorney Shapiro commented that he has heard from Senator Smith's office. There was a problem in that there was no memorandum of support for the proposed special legislation. Rather than get other people to do it he dictated one to them over the phone and the Attorney was assured that they would have the Senator give it his full attention and that they would take it from there. Iderman Slattery requested that City Clerk Rundle send a copy of this letter to issemblyman Gary Lee. 2l: nbONDING OF MAINTENANCE FACILITY: Alderman Meyer commented that before we go any =3urther in these bonding steps she would appreciate it if Council could see the Qelationship of this bonding to all the other bonding that is going on in the city. so we have an overall picture of where we stand regarding the financial status of the city. LOCAL LAWS 1, 2, 3: Alderman Barber commented that he knows the Mayor has not acted on Local Laws 1, 2 and 3 in regard to the raises. He informed the Mayor that he now has 831 signatures and he has not gotten all the petitions back yet. Alderman Saccucci commented that since the Council action on salaries a month ago the public reaction has been so adverse and criticized that decision. Alderman accucci strongly urged the Mayor to veto that action. He felt that a public eferendum should not be necessary at this time; it is simply wasting the taxpayers money. The signed petitions by the great number of people which Alderman Barber already has, should be enough evidence to convince anyone to make that decision. Furthermore, if it should go to a referendun, regardless of the outcome of the referendum, Alderman Saccucci would like to disqualify himself from any pay raises. ELECTED OFFICIALS SALARIES: By Alderman Slattery: seconded by Alderman Boronkay RESOLVED, That whereas there are no provisions, rules or regulations, ordinances or local laws in the Charter and Code specifying procedures to follow when contemplating adjusting elected officials salaries, I would ask that this matter be referred to the Charter and Ordinance Committee for study and report with a recommendation •forthcoming at that time for a possible charter revision that would regulate this procedure. Carried USE OF CITY FACILITIES: Alderman Nichols reported that twice in the last year people have complained to her very bitterly about the use of the city facilities; namely, the central fire station. She knows that this is the control of the Board of Fire Commissioners but her personal feelings are that it should continue to be open to- anyone on the first come, first serve basis. Alderman Nichols wondered if the Council could request the Board of Fire Commissioners to consider not granting the use of their free facility to groups that charge admission whether openly charging admission or inquisitively charging admission. ayor Conley commented that that is one of the rules and regulations of the Board of ire Commissioners already. It was one once unknown to the Chief. The Chief has -ade sure that any time he makes that agreement in the future that he would specify that there is no charge and that they cannot charge for admission or even take donations in that type of thing. Alderman Jones asked what happened to the one city job allocation in the money that came to county last week. Mayor Conley explained that we put in for the allocation to the maintenance of the mall. -18- February 5, 1975 Controller Daley commented that the City had been assigned a laborer. GOVERNING FOR ITHgAlS FUTURE REPORT: Mayor Conley requested that the Councilmen guard these and ke- eep'them -and not discuss this until Council has had an opportunity to '4,ave a presentation of this made to them and also the same thing is being donee with the 701. If there its any conflicting things from report to another Mayor Con1v _ feo;s that Council should receive that and deal with it before any issue arises. Mayor Conley also wanted to have an opportunity to discuss this with the staff so that when we do have a Council presentation we can have some sort of a staff concensus` or staff recommendation. On a motion the meeting was adjourned at 10:39 p.m. 1 j Josefph A. Rundle, City Clerk Edward J. Pn1ey, May M 7 n D COMMON MNUL PROCEEDINGS City o THAtA, NEW YORK SpeCfal meeting 6:00 P.M. February 12, 1975 PRESENT Mayo Conley Aldermen - (10) Barber, Boothroyd, Dennis, Hamlin; Jones, Meyer, Nichols, Saccucci , Slattery, Spano ABSENT Aldermen - (t) Boronkay, Gutenbergef OTHERS PRESENT City Controller - Daley Attorney for the .City - Shapiro Planning Director - VanCort Supt. of Public Works - Dingman Dep. Building Comm. - Jones City Clerk - Rundle Asst. to Supt. of Public Works - Dougherty PLANNING & DEVELOPMENT COMMITTEE lrl*, Alderman. Jones commented that she had a recommendation from the Planning & CL Development Committee to Council to authorize the submission of the first year's z✓^. entitlement period application for Community Development funds, the resolution reads as follows: By Alderman Jones: seconded by Alderman Hdmlin WHEREAS, The federal assistance provided in the Community Development program is for the support of community development activities that are directed toward the elimination of slums and blighting influences; the elimination of conditions that are detrimehtal to health, safety, and public welfahe; the conservation and expansion of the housing stock in order to provide a decent home and'suitable living environment foh. all -persons; the expansion and improvement of the quantity and quality of neighborhood and community services and fdcilities, principally for persons of low and moderate incoft, that are essential for sound community development; a more rational utilization of land and other natural resources; the reduction of the isolation of income groups within the community and an increase in the diversity and vitality of nei4hborhoods; the rest6eation and preservation of properties df special value for historic, arcivitectUral , or aesthetic reasons, and WHEREAS, Working toward these objectives is in the interest of the City of Ithaca, and WHEREAS, The City possesses legal authority to apply for the grant and to execute the program proposed in the Community Development application, NOW THEREFORE BE IT RESOLVED, That the Common Council authorizes the filing of the application, including all understandings and assurances contained therein, and directs and designates the i,layor as the authorized representative of the City of -Ithaca to act in connection with the application and to provide such additional information as may be required. Alderman Barber commented that he brought up at the Planning & Development meeting was regarding the finance of this and how we go about getting the $425;000, as he read the directive last night given to him, the directive said we may get our money in three different ways (1 ) the letter of credits from the federal govern- ment (2) a check from the treasury department (3) we pay and get reimbursed later on, like we ere waiting for Cass Park now. Alderman Barber asked the City Controller how we will be financing this, if we have to go out and borrow the money, if the rates are good we'll have to cut down, he said he didn't know where or how we are going to finance this. City Controller Daley replied as he read of the three methods we can use, the letter of credit is the one they are encouraging,. which is federally backed, you go out and borrow it to operate, if we visualize this and this is what most communities are doing, taking their existing Urban-Renewal agencies that are created by statue and letting them handle it, whether it be by staff or what-have- you because they have the tools to go out and borrow money and operate the program. z -2- Februa� °12, 1975 Controller Daley ,Wd we have been advised by the Department of Audit Control that these ies have to be kept sepanate, whoever handles.it, whether it be with an e�t35 Ong agency or new agency will have to do all their financial wbrk and go out 6 d borrow it, however, this Common Council is still respons We for any loss e4W and so forth, the City is responsible for it. Mayor Conley Paid this particular method you described is this letter of credit the same method used by Urban Renewal . Controller Daley answered yes, they borrow once a year with the federal government, 100% guarantee and this is what the letter of credit is, it is from the federal government guaranteeing the loan. Mayor Conley said but that is not a situation where we have to come up with the money and after we speAd it. Controller Daley replied that Mayor Conley was right, you can do it that way, that was the third alternative they came up- with at the Planning & Development meeting but he would advise not to because your bonded indebiedness�.Wdh few other things. Mayor Conley said 'our intention was to keep the finance and the Community Develop- ment Program out of the normal City, however, you may in fact as the City Controller said, use the City Controller's Office for the accounting of the funds and to do it in house. We want to keep it separate. Controller Daley said you remember Urban Renewal was your program and your plan and you asked it to be carried but, and you entered into a cooperation agreement with the Agency to carry out the program under your direction, similarly you may want to contract with an existing group such as the Agency, the Housing Authority, and agree that they shall carry it out, however, under your control . This is why you see in Urban Renewal you'll see us come back before we sell a good piece of land, we bring it back to Council for your public hearing and your authorization and so forth. Alderman Barber asked if it would cost us more than $425,000, if the rates go up. Controller Daley said he didn't know, it will depend on the rates, the rates right now are low, very low. Alderman Barber said the rates are going up when the government gets in the field of borrowing money in the next couple of months. Alderman Meyer said if we didn't want to do it through an agency like Urban Renewal then we could create another agency, and how would we do that. Controller Daley replied Council could do that, but it was a matter of expediency if Council wanted another agency it would be through State Legislature. Mayor Conley said the situation has been under the community development act. The Mayor has soul perogative of appointing the appropriate agencies establishing appropriate committees, or doing appropriate umbrella of the community development, the Council is asked that no monies are spent without Council approval . The Mayor and the Ad Hoc Agency and whatever agency we end up doing, will be making these determinations, we purposely have not as yet addressed ourselves to whether we are going to have a staff, use City staff or under what form we are going to do it. There are many actions open to us and we haven't attacked one yet, right now we are just quickly submitting the application for the funding. We have money set aside for administration if we chose to have an administration, but we will try hard to use any City administration we possibly can. Controller Daley said they have advised us to keep this money separate, there is a purpose in this, if we intermingle it with city funds all of a sudden they get the stigma of the New York State Constitution, which you do not want the program as proposed, because we cannot loan money to rehabilitate houses, this is a gift it iS outside of this, so you want to keep it out, or you won't function. Mayor Conley said we have appointed an Ad Hoc Committee which will certainly be working to a vote of that particular Ad Hoc Committee, and will be coming to Council for advice and consent so to speak, of whatever we chose to be the vehicle -3- February 12, 1975 of spending these funds. Alderman Barbel said as he read th'e directive,-HUD has tie Pero' ga Live of approving the first two if they disapprove the first two, we,have to go the third way. Mayor Conley said they prefb r us .to do the letter of �r4dit, we could mingle with the City fundsi and they disapprove of that, they are g ving us their preferrence and tellidg.,us we have oul choice. But they could disapprovd if we don't pick their choice, that's home rule. Alderman Barber said in other words this is one of the strings attached to this whole thing: Mayor Conley said it is not really a string, it is a ereferrence, they know from experience it works better this way. Alderman Johes ,commented on the fact that, yes, we do have to keep the money separate for accounting purposes and we cannot use the taxpayers ' tponey for loans of Other individuals, however, the monies have been reviewed in relation to all the other monies spent, these are'-specific monies which can be us-, di for example, in housing rehabilitation but there are other monies which are extended to the past what is done with the community development fund. It tefers to all of the kinds of monies and we mustn't still view it as a whole. C Alderman Barber commented this Was a five year program and the first three years will be the amount of money coming into this and the fourth and fifth years the money will be going right down the hill , he asked for clarification. Alderman Jones said there are lesser accounts. Alderman Barber asked if we start this and we are going along And don't invision the money that's involved going very far because the cost of material, the cost of labor and everything else. What happens in five years when this project isn't cothpl eted? Mayor Conley said we are going to Rio it on a project;-protect basis, we are going to hake it do at many houses as we can, but we are also working very closely with other local financial institutidhs and even other agencies to see how we can stretch it td even farther yet, by using FHA loans and by setting up a pool of local banks who will also be loaning money out ih the same areas that we are, and maybe we can even offer other banks certain guaraNtees with our funds. We are working with A whole bunch of programs that might in eff et have A chance to make even 1 1/2 times or double the motley we will have to spehd, we have to make it stretch as far as we possibly can. Each year, each project we have isi our first year entitlement period we plan on doing a certain amount of rehabilitation of facilities as well as homes, but we are going to do specific homes. Planning Director VanCort asked if there wasn't any danger of the City being brought into a program of housing rehabilitation that the City would have to take over because it wouldn't be legal for it to take it over. Mayor Conley said HUD monitors us from year to year that's 01hy they give .one year entitlement periods, if at the end of two years they don't like what we are doing we have a bad track record we could very easily jeopardize our third, fourth and fifth years of fundings. Alderman Barber asked what the cost is going to be for the City for extending this $425,000, there are contingency funds of about $32,000 administration funds of $25,000. There are going to be some in-house costs we are going to have with our own employees and everything else, but, what other costs are we liable to get involved.in, will Mr. VanCort be able to come with these figures in three months. Mayor Conley said tho' biggest thing we are gong to have to do, and this takes total Council approval, and that is try to steer some of our Capital Improvement programs and funds towards support, like street lighting, curbs, gutters and that sort of thing in the area where we will also be working on housing. That is something the total Council will have an opportunity to do, to make decisions on. We hope the City will consider this a high priority. The Mayor said we do have another area of -4- February 12, 1975 decision making, we have a sum uncommitted revenue sharing funds that this Council could elect to use in that area or not. As far as he stated before, we are going to try to utilize existing City personnel . The Mayor does not anticipate asking the City to put on personnel that they don't need for the normal running of the . City, and have those- people utilized strictly for community development, but if we can hire somebody for normal City functions and tuilize those talents in the community development funds, we both gain. . Alderman Jones said one of the points brought out by Alderman Barber, what are we getting into, needs to be thought about. Probably very specifically in relation to desire not so much to provide programs but to provide that space basically, only that space in which the program can occur. Here we come to that long term question of then who maintains and what is the arrangement by which the spaces are maintained, and from here perhaps is one of the things which has bothered many of us and that is there are already other existing spaces which can be used for programs in; the''City, specifically those owned by the School District. How do we work all these things together so that we all get the most for the kind of space which is provided. , Mayor Conley said that already contact has been made to have,another meeting to c� 4cuss with our community development agency and the School District, what we can do thFe�ti 1 i zifig.:.faci 1 i ties and programing and that sort of dying„ a :Al4erman Barber said he was afraid everytime you get involved with federal money to say there are little strings attached and all of a-_sudden we get the appropria- tion and bang, strings start dangling out all over the place. Mayor Conley said Alderman Barber was absolutely right, that is why the U.S. Conference of Mayors and everybody 'else is continually 44 tipgfs�rr:ansteac-of.�NUD3s control of communities development under new federalistic, program :algid return the money to us in a federal grant, here' City of Ithaca; fiera's ,a, grant, and you 44,ke the determination of ,the best wady you could spend Vw money in your community`; 'you be the decision makers and okay Mayor, you've been screaming for this, so now ,we are telling you, you have the authority to establish a appropriate agency ;,and to spend those monies. Wt have to file that a0plicattos and work within 60eral goverranKr+t guidelines,, that is how we sea it'now is guidelims, if we violate those guidelines, yes we could get ourselves into problems but only in jeopardizing future funding. Alderman Hamlin said as he understands it, if these funds dry up, and he understands Alderman Barber fears of being stuck with coming up with the money on the City tax rate, as, Alderman Hamlin understands it, we couldn't legally do much of what it . proposed here if the program is- dropped. Mayor. Conley said we hope each year's funding, and he thinks the Council is cpnscious of it that each year's i}tending, we are allocating money that will start and complete projects so that we wfl+T put so much this year and then we'll finish. up with . anticipated monies next year. However, the federal government even though they've only apprcpriatedi actually Congress has only appropriated this year's funding ,and it is not known what they have appropriated next year's funding. They have to: appropri a that from year to year, so we have no guarantee that Congress will appropriate, 0 the .President will freeze, if appropriated, the funds for the second-year. So we',re irecognizin1 that and monies that we have put in our budget we hope that will start and compl to projects in that period, we start projects and use the funds to start and compldte projects. The Mayor said he understands the fears, only too well , he thinks all of them have, we have been bitten. A vote was taken on the abdve motion,wkich resulted as follows: Carried BONDING COMMITMENTS The Mayor asked the City ,Cdhtrdlfet to show in relationship to the Maintenance Facility the bondinV of th ti, hoW that relates to the rest of the commitments. the City has, out bonded 1 tv&L11t "st and our ability to pay, etc. Controller Daley said it wis 'quite difficult sometimes to make this presentation without you understanding what we do., The Budget & Administration Committee have been exposed to these projections of bonded indebtsbecause that's a part of their putting the Budget together, To isolate the Maintenance Facility as its -5- February 12, 1975 impact on the rate, you have to take everything as a whole. In projecting, we project with knowns and unknowns, knowns are the things you have in the past committed yourselves to, and the unknowns are not knowing what the tax base will do, for example and.rates of interest we will be talking about when we go to bonding, and so forth. Controller baley briefly told where e. the City stands during. tfiis year and projecting through 1978. The City is coming out of, .go back to 12/31/73 we were at 49% of the bonding indebtrsswas exhausted. In the middle of 1974 we did bonds for the Mall and we did pay off part of our bonded i ndebte !wsW ctctr.ymi.ses it up to 54%. The Maintenance Facility evidently wi.11 'come first this yoar,; ia 1975 this will put us up that we have exhausted 64..8%. The next thing is UMTA, we plan at the moment, to go bond anticipation notes for UMTA. We have another method possibly which we could do, the letter of credit. We are still exploring this, but assuming that we do, in fact gd ,to boha anticipation notes, we will get up to 69.6%. Then the other major decisionthat you must make this year is Caldwell- Rothschild Development is whether to lease or buy the Green Street Ramp, we are assuming you are going to buy it and that would Out you at 89.1% of your bonding i ndebt-s*ess"'f©e.`this -y'aar. Mayor Conley said we do not have an option on that, we have to buy the Ramp. Controller Daley said they look at it as they foresee it during the year. tt: y Alderman Meyer said she understands it ih terms of the Maintenance Facility, we have made a 'commitment, in terms of the fiscal position it would appear that the other commitment was first in terms of time. Controller Daley said that actually we are anticipating your peak this year, you will reach 89.1% and this is a rough figure. the tax status date is March 1 , we will have a new tax figure to work with and so forth and this could be three or four Joints less, by the ,time we are through 1975. In 1976 we hopefully will pay UMTA back, and this will drop it back to 84.3%, if that doesn't happen then of course it will stay up. We are anticipating a pay-back on UMTA in 1976. We are a nticipating .a pay-cff for Cass Park, and we still have a voucher up there dating back to September of 1973, we have not received as of yet, if we receive it we will pay off Cass Park, which drops you back to 72% during 1976. then there is another decision Council must make, when are you going to want to bond for the Commons. This makes a difference because it will be, we plan on taking an exclusion on the Commons, because it will be revenue producing, we will request an exclusion of this, If this happens in here we are projecting it in 1977, to be down to 62.5%. Here is a decision only the Council can make, and we are assuming most of these things. Then going into 1978, and we are getting pretty much back to normal debt service pay-off we should get back down to 58%, assuming we don't lose any bridges or anything like that. Mayor Conley Wanted to make clear to the press that might think these figures are dangerous when you start talRigg 89%, 84%, and things like that, the City of Ithaca could go through its whole bonding portfolio, and for the parking structure, we could exclude remove from our bonded indebtedness revenue producing projects because we can project the revenues we will anticipate from the parking structure and exclude that much like the exclusion of the Mall , because we have income and we can pay it off. Controller Daley explained it usually is done so it isn't 100% revenue and you're gambling, if you estimate the first year, the following year it must be documented what was made that year,, and they will according exclude. Alderman Boothroyd aaid it also ,anticipates; he assumes 100% bonding of al-A these projects. We can see money from other sources, federal funding, revenue sharing, better cities, a windfall of some sort also reduces this. Controller Daley said the decision that Council will have to make and we will have to assume that We are going in with the full shot, that is all we have going for ys.' The` B. & A. '.`Committbe presently has a list of questions to be answered on the _Green Street Ramp`, and etc. One of the possibilities is using the Revenue Sharing and decreasing the amount you need from the Maintenance Garage or the Ramp itself, but these are, questions. only Council can answer. Controller Daley wanted to remind Council .that thesd figures are only projections they are based on unknowns, the tax base does `effect them, the debt limit is based on 7% of five year average full tax valuation and who can say what two years from now we do have a reevaluation -6- Febhua.ry- 12, 1975 in 11 76,, wh4d. --bapef� Jl—raise it, we do have Cal dwell-Rothschilds, hopefully i t-wi TT-'bft on tM rolls by 1976, which--could -ef f+ect-then a percentages. Alderman Meyer commented that the thing she didn't understand in terms of the cQWitment of time and sequence,- in terms of finalizing commitments to the Roihild-Caldwell and Commons, all that isn't taken care of before we make this other-,,comitments or maybe this doesn't matter. But if it does matter, why aren't these taken care of in sequence rather than us committing ourselves to new things without the other ones. The time sequence which we committed ourselves on the one hand and as it is related to the bonding. Controller Daley said that the Ramp was committed to first, however, we don't nit. , that money until we buy it, so therefore we are not bonding for it, we feel we will bond for it this year, so it will come this year. The Commons for example was started last year, we went to bond anticipation notes. The Controller questioned the Council as to whether Council is going to delay the bonding for this a couple of years, maybe not, when will it be bonded, in the meantime the Maintenance Facility is being started. Alderman Boothroyd said he assumes as long as our total committed bonded indebted- ness doesn't exceed our allowable limit, the sequence is inconsequential . Mayor Conley said the higher you,get the cldser you get to the limit the closer you might get to threatening your credit rating. Alderman Boothroyd said in the total picture the sequence is not important. Alderman Barber said Codne 1 has to realize if we get up to 69% of bonded indebted- hess whatever we get to, t e higher bonded indebtedness we go the rating might go down, right now we are triple 'A' credit rating the;highest we can get, and as we become involved and get more bonded indebtedness the bonding companies Cl,re going to look at and maybe drop your aatinb and when they drop your rating your interest rates go up. Controller Daley commented your prospect each time y u go to permanent bbnding will spell out exactly how we stand, on bonded in ebtedness. This is, purely based on assumption and a lot of unknown material . Controller Daley advised Council not only should they be concerned with the bonded indebtedness, but paying the debts back, this will have an impact on the budget. We haven't been too concerned with the Charter and its tax limitations, but finally here we have reached that point. We are limited by Charter to 2% of the two previous years assessment, on levying and tax, we cannot exceed that, we are going to reach that point. When you figure the Green St. Ramp, lets take $2,300,000, your first amortization lets say we're thirty years will be roughly $70,000 on the principal , probably $120,000 on interest at.6%, you're talking about $190,000. Mayor Conley thanked Controller Daley for his presentation. MARTER AND ORDINANCE COMMITTEE Alderman Nichols reported to Council that the Charter & Ordinance Committee met with the Intergovernmental Relations Committee Monday night and they recommended the resolution placed on each Alderman's desk. Alderman Nichols said the Attorney for the City advised her that there will have to be a public hearing before Council votes on it. Alderman Nichols requested permission to ,authorize the City Clerk to advertise a public hearing for the next Council meeting., A question was asked if this had to be laid on the table for seven days. Attorney- Shapiro said it didn'tt it was an ordinance. Attorney Shapiro said if there was going to be a Council meeting next week A the week after he thought it best to make the public hearing the second week because it would give more time to advertise. -7- February 12, 1975 By Alderman Nichols: seconded by Alderman Hamlin RESOLVED, That a public hearing be held February 24, 1975 at 5:00 p.m. on "partial tax exemption" and the City Clerk be authorized to advertise for a public hearing. Carried Discussion was held on the dates of the public hearing, and the fact that people would have to have their applications in for tax exemption by the 1st day of March. Council decided' to ask the assessment department to take the applications on the assumption that there is going to be a public hearing. Attorney Shapiro said the statue does not really specify the time required, but advised Council to allow for advance notice in fairness to the public. Alderman Hamlin commented in January we passed three local laws increasing the salaries of the Judge, Aldermen and the Mayor, it's now February 12, and there ,�. have been a number of things that have happened in the interim. Alderman Hamlin qUestioned that decision, the reastion of the press and the people on the street that was immediate and rather substantial . It ranged all the way from disbelief to we all know a referendum of this is inevitable, and it seems pointless to go through these motions. The unemployment rate jumped to 1 full per cent in January and more people have been layed off locally.. These salary-:raises are about as ill-timed as they could be. We just received two surveys on the restructuring of City government, we have neither studied or discussed. To raise the Mayor's salary at this time locks us in and commits us to policy. For all we know it may be completely wrong, there is no question two months from now we will have a much better idea where we are going and what we want to do with the position of the P4ayor. The public hearing before the Mayor brought out sound reasons why we should not be raising the salaries at this time. Instead + gnoreothis hearing, particularly when little or no support for the increases was expressed at that hearing, undoubtedly the most persuasive arguement of all , is if we have a referendum, and it looks like we will have one, and if it passes, and it looks like it will pass these raises will not become effective until the middle of November, and they can't be made retroactive. It doesn't really make much sense to try to ram these raises through with a mere 45 days to the end of the year. Any one of these points is sufficient reason for the Council to take another look at these laws. Council should have another opportunity to do so, the Mayor has neither approved or vetoed these jaws, if he does nothing they stand approved and adopted in two dgys. The law gives Council the right to recall and reconsider these local laws anytime prior to their adoption. Alderman Hamlin moved that pursuant to Section 21 of the Municipal Home Rule Law, that local laws 1 , 2, and 3 of the year 1975 increasing the salaries of the City Judge, Aldermen, and Mayor be recalled and reconsidered by the Council . By Alderman Hamlin: seconded by Alderman Barber RESOLVED, That the salaries of the City Judge, Aldermen, and the Mayor be recalled and reconsidered at this time. Alderman Slattery asked if this item was on the agenda. Mayor Conley called the motion out of order and said his veto message was prepared for release tommorrow morning. On a motion the meeting adjourned at 7:00 p.m. ok4k 4re, et� Z-� sepi A. Rundle, City Clerk Edward . ey, Mayor L COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, N.Y. Special Meeting 7:30 p.m. February 19, 1975 PRESENT: Mayor - Conley Alderman (8) - Boronkay, Dennis, Hamlin, Jones, Nichols, Saccucci, Slattery, Spano ABSENT (4) - Boothroyd, Barber, Meyer, Gutenberger OTHERS PRESENT: - Attorney for the City - Shapiro City Controller - Daley Planning Director - Van Cort City Clerk - Rundle �- VJD(3W MD At TB'Z'ltATI011 CO1�liTTl�E CC LtontrwUler Daley explalmA that these are the 1sderal Fundt re Employment and Training Act of 1973, of which certain monies are given to County C for distribution throughout the County, in which we received enough money for one laborer position. This would be for one year only and we will be classifying this as a temporary or seasonal employee. The Federal Government through the County will pay the full salary and fringe benefits which, in this case, limited to workmen's compensation and social security, plus salary. By Alderman Dennis, seconded by Alderman Jones, RESOLVED, That the Department of Public Works be authorized to hire a Laborer, and BE IT FURTHER RESOLVED, That this position be filled in accordance with the rules and regulations of the Comprehensive Employment and Training act of 1973 as amended, and BE IT FURTHER RESOLVED, That the Mayor be authorized and directed to execute a contract with Tompkins County for reimbursement of salary and fringe benefits for said position. Carried PLANNING AND DEVELOPMENT COMMITTEE Alderman Jones asked to add to the agenda, a resolution concerning the Community Development Application. No objections were made. Resolution appointing Co-Signers for Community Development Act Transactions By Alderman Jones, seconded by Alderman Nichols, WHEREAS, the Common Council has approved the goals and objectives of the Community Development Program, and WHEREAS, the Common Council has approved submission of the 1975 Community Development Application, and WHEREAS, the Common Council is responsible for overseeing handling of such funds under said Application, THEREFORE, BE IT RESOLVED, That the Common. Council hereby appoints Mayor Edward J. Ccaley as its designee, for the purpose of appointing two officers of the City as official co-signers for Community Development Act transactions, and FURTHEFMCRE, BE IT RESOLVED, That the Common Council hereby designates Tompkins County Trust Company as depository for such funds or letters of credit as may be received under the Community Development Act. Carried _2- February 19, 1975 Mayor Con ley adjourned the Special Common Counei.l`iieet ng- and Council movdd into a working session to consider two reports on the Ac ,istrative Code for the City of Ithaca at 7:42. P.M. 3 z Edwar'd'J. Conley, Mayor JcOeph A. Rundle, City Clerk ' t a t COMMON COUNCIL PROCEEDINGS CITY OF 12RACA, NEW YORK A+eelal Meeting 5:00 P.M. February, 24. 29T5 P MWw - Conley Aldermen (9) - Boothroyd, Boronkay, Dennis, f`.utenberger, Jones, Meyer, Nichols, Sae"W18 Sp�eo ABSSI TT: Alderowen (3) - Hogberg Hashing Slattery PRESENT: Attorney - .Shapiro Deputy Building Comm. —Jones Controller - Daley City Clerk - Rundle PUBLIC HEARING - PARTIAL TAX EXEMPTION FOR THE ELDERLY: By Alderman Nichols. seconded by Alderman Saccucci RESOLVED, That the public hearing on partial tax exemption for the elderly be opened. Carried' Alderman Nichols reported that the school district has raised 'the. income 1�miit given`' ' it for partial tax exemption for the elderly to $6500. This morning the County Board of Representatives .raised the income limit for partial tax exemption for the elderly to $6500. Common Council is asking for a resolution ainending the present law to raise the partial tax exemption for city taxation for elderly persons over 65 to $6500. PERSONS APPEARING AT THE PUZBLIC HEARING MRS. HELEN VANDERVORT - 45 SHERATON DRIVE. , Mrs. Vandervort who has paid taxes in the City of Ithaca for 27 years is currently legislative chairman of the Tompkins County Senior Citizens Council. Mrs. Vandervort made the following comments: Since November we have .been working on this, as soon as we found that the state legislature had made this amendment raising the limit to $6500. We have been working hard in the towns and the villages the city and the county and the different school . districts to urge the honorable bodies.: to make this change and we are very delighted that it has gone this far. I believe that almost every town has worked on it except Enfield and Lansing expects next month. This will be very helpful to the elderly who have had a raise in their Social Security making some of them ineligible for- the- previous limit. It doesn't make any sense to give people more money in Social Security and make it possible to help them with inflation and then to take it away if this tax exemption isn't arranged. I hope that the Common Council will pass this; I am sure it will be greatly appreciated. I understand that in the state legislature there is a bill that if passed will reimburse the different municipalities who do pass it. By Alderman Gutenberger:- seconded by Alderman Boothroyd RESOLVED, That the public hearing be closed. Carried By Alderman Nichols: seconded-by Alderman Spano PROPOSED ORDINANCE NO., T5-2 AN ORDINANCE AMEND;I$G CHAPTER 81 ENTITLED "PARTIAL TAX EXMeTION" OF THE CITY r OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council .,of the City of Ithaca, New .York, as follows: Section I. That Chapter 81 entitled "Partial Tax,Exemption" of the City of Ithaca Municipal Code Section 81,i2 Paragraph A is hereby amended to read as follows: .A. No exemption shall be granted if the income of the owner or the combined income of the owners of the property exceeds the sum of Six Thousand Five Hundred Dollars ($6,500.00) for the income tax year immediately preceding the date of making application for exemption. Income tax year shall mean a twelve (12)-month period for which the owner or owners filed a federal personal income tax return, or if. no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary -2- February 24, 1975 or earnings; and net income from self-employment, but shall not include gifts or inheritances. Section II. That this ordinance shall take effect immediately and in accordance with the law-upon publication of a notice as provided in #311 (b) of the lchac4 City Charter. Alderman Saccucci commented that several senior citizens of the community *.re c�i��.il►g that this Council review the partial tax exemption law_ for the elderly o�n a ;-z*Y Ly basis, in order that the exemption be brought up to date according to the state: law and he said he would like to amend the resolution so this recommendation be r:l-hided in the proposed resolution. Alderman Saccucci asked if the state nets the goa,l.e. Mayor Conley said tho state sets the legal limit. Alderman Saccucci said it is up to the municipality to consider the raise iti tht- exemption, and asked ghat is wrong to review the exemption. . Last year vhel-s hf, ti Aught this up no one ever acted on it until he had to write to Albany aTA And ouv.` Mayor Conley commented that the only way to alter it would be to alter,° it mis and Council would (always have the.-perogative of bringing it up. Alderman Boothroyd' asked if. the.,Controller cats give them any idea ghat th 3 in revenue loss. Controller Daley replied he cannot because they don't know how.,uany people fit. in this category within the City. Mayor Conley felt that the situation .is if he understands to what Mrs. Vtsnd?r°.it s is telling them that in the event they do not act upon this a lot of people Uri.0 not be eligible to maintain what they have now. By raising it we keep th :.:%A.t:gible; there might be a few more people that fall into that category but st-�dl we with people whose income is $6500 or less. Alderman Dennis sold in i,espnrse to Alderman Boothroyd's qur�stion his t; ing is that regardless of what it cost;: us,, he thinks we are .obUgated to paste 'U- particular ordinance-, bpeauae- those- people have paid for at least. 45 yew;:.3_ she wouldn't mind it as a per:On paying e.-tra. A vote.wus taken on the motion which resulted as fol.lovs: Carried l!`_oar i"s y By Alderman Saccucci; seconded by Alderman Boronkay RESOLVED, .That this Couxicil review fhe partial tax exemption law Tor the e.Ld v�"�, on a yearly basis, to .be discussed Caring the month of Junuery6 tt s. Vandervort commented that when she brought this to the attention of tLtr board,.the Ithaca City S:choc>l 11vgtrict, they have a permissive areso1vt:ion them change it automatically. iast year it was $6,000 and they didn't because they didn't knew about it. Mrs, Jandervort didn't tLInk the blll 11', �°.' �•sc?. by the governor until July at malA ig the change.., Alderman Eoothroyd-agreed with the ides but it appears somehow out of or to review something that is already at the possible highest limit i,t .r�yor Conley commented that he wo-zl:d like to be able to review It on e,s to see if:there in anything that Cowic-it wmld like to do v Uh it. A vote was taken on the motion which resulted as follows; Co,rri ed PTMLIC HEARING AMMENWT TO THE FRANCHISE GRANTED TO THE CEg.ArCHE TELFVxSre,-I FRANCHISE; By Alderman Xleyer; see.o.rded by Alderman Boothroyd, RESOLVED, The-., the' pub,?is hearing be gpened:. . Carried n RSONS 'APPEARING AT THE PUBLIC HEARING UNFENCE REVERBY = INTERLAKEN, NEW YORK: :, Mr. Reverby made the following commexzts: -3- February 24, 1975 I mn Q=plCye4 by the HIMn .1rfa.lrc program.at Cornell University, but he was speaking on his own behalf. I don't happen to have a television and I am not particularly concerned about it that way. There is a resolution before the Council appareutly to set up a board,tq review the question of rate increases. upon a presentation of new data. When the accounting system of the state comes through as applied and the data that is submitted pursuant to that is sent to the state and to this body, I would ask to be„consistent with the request that I have made all along that. the application be giveii'the.4mos� scrutiny by people who un4erstand it and the questions involved. I would.ldsk that if'you are going to. set up a hoard to look. at this issue in 2 1/2 months..that is p"resumab'ly. made up of qualified people and that if the issue warrants that, af'`t2iat time'the' question of rate increases be considered and that if the board is to have aiiy` power at all or to have any meaning at all it should not be set up with a rate increase passed before hand. There was a discussion here.one ,night which was the time that I mentioned that I didn't have a television. I was troubled when I mentioned it because Mr. McNeill of the university was here, he also doesn't live in Ithaca; ana-,th'at iYapugps his motives. He was here and had the opportunity to )Do% at CerdCchcv,s kooks for about thirty minutes and I don't want to get into the .,details of whether or*�iot this 'or that was true or what the implications are but he was looking at the books, he has ..represented utilities, he teaches on the faculty and "-'he raisedPti#.question as to whether or not the percentage profit statement was correct or should be viewed in'the way it was presented because two of the companies y that Mr. Ceracche pays money to were his own companies and I believe this .was to-the ,tune to`''o c'oiXp a hundred'thousand dollars. '`Mr. Ceracche raise-d the point th4t he =would just like to provide his television service and he hopes that he wouldn't, have to, come here too often and he would like to continue on. That was raised It the apphAt 6n-that h'e msghi have to discontinue the service which was a point about ten minutes after that when I sort of digested all of that and I sort of wondered why we are alb thrown into the pit when somebody says they don't want to continue`television service and I"raise the issue that I "don't have a television. The motives tifl- pidple who are opposed to41.00 a month increase seem to have been impugned;_ 'dcsn'-t about too many other people and' I don't have a television. As somebody"`b*-bids bean''forced -or who is adopted voltintaril.y adme kind of legal logical thinking and can't get out of it unfortunately it has bothered me for a long time that somebody comes. to a body with aM particular amount of data and, that body should look Nk at it a�cr 'Rv lly' as they Carr; appofnt`somebody"`to l sok at it. Since that- mime, since then eii ad``been.u 'board`appoin'tea now to examine i.'t:, it has bothered me that the rate increase has beep granted in'the interim or suggest thae be true. I would ask that the motion be adopted without temporary rate increase"9'aid`'t2iht the board that is set up be areal board and have the dower to look at the accounts at that_ time and take whatever measure that' t wants"ta take at that point wrien it has the data, '36ii-'W-tas eleabined the data. If it wants to pass the rate increase, fine. I would suggest that is the time to do it. LINE CADV yZ•1120 '4A A UE: '14s. Camp made"the^ kdllo*'irig comments: I am currently employed by Cornell University as a media specialist. I have particular intereavv4,&c%,ble television. The portion of this`Local: Law No, `'7 that I would `like f6:i4c k-as-*self-to•is'the section that deals with 't)fe advisory ccmmittee that is gb1xrj@:-to be appointed by-,the Mayor: As it reads here that committee will consist•WV',dAL-y five people;-a.nd will only have the power to deal with the problems of rate increases as I understand it. I would like te�'Suggest that it might be more appropriate to put down here that this committee would have the power to deal with other 'is b-lneluding rate increases and,'also, the question of public access, in another yeah'--f `" w-public access may be est.ablished in'this city. Pwould like to say that it-would be pretty important to have an advisory committee that could•dew = tha'tr alseY I-would also like to 6uiggeef-t,that. the,Five-man committee may be too small to appro}p�riatiel.y i°leal with all the-issues that are likely to come up. Perhaps the number should not be established now but maybe this five-man board could be 'a temporary committee to-'search out 'and discover the kinds of people that ought tot.De represented and the number of people that ought to be represented. I would think that there would be a lot of people in this community that might be willing to s enci� he;-t mg-ac3visixag on the question°of'.public adcesez and rate increase and that this five- person committee will be-too narrow. I I*ould-'just ask you to consider the poseibility of rewording that portion 'bf-the Men&h(nti -4-- February 24, 1975 JOHN SAwim - 206 W. COURT STREET: Mr. Sadwith made the following comments: I gust want to reiterate a point that I made two weeks ago. What I was talking about was that the Ceracche Televisidn Corp. does not fall within what we know is the laws of supply and demand. They arg not as responsible to the consumer as a business where one might be able to ch6age- between two businesses to go to for certain services or goods. I would like,to ask that you reject the full rate increase until services and business practiced performed by the Ceracche Television Corp. become consumer oriented. What I am saying is that you people hate the only leverage in this community to put pressure on the corpoiation to recognize its responsibilities to the consumer. As a consumer I have other than this say and this input right here absolutely no other recourse to be able to have the Ceracche Television Corp. recognize that when I call them uppbn the telephone and mention to them that they shut off my cable by mistake which has hsappened three times in the past six years that they should somehow try to treat me faith some kind of dignity and respect and hopefully try to solve my problem. You have some kind of responsibility to the consumer right now in exercising your votes, not in a political Sense but in a consumer oriented sense. I think that as I said before that the corporation fiust recognize that it has to treat its customers with respect and dignity. To vote the full increase now would only permit the same type of disdainful and condescending attitude that the Ceracche Television Corp. has totjards the public right now; to continue for one more year. to this is that -&- group of us have collected over 760 signatures on a petition and as I mentioned two.weeks ago again, the kind of response that I saw when asking people to sign the etitions that I carried overwhelmed me. I thought I might be a little crackpot, have had trouble maybe nobody else had. PAUL SMITH - REPRESENTIXQ WICB TV, ITHACA COLLEG19: Mr. Smith made the following comments: I would life to go on record as being in favor of the interim rate hike. Perhaps this has come out in these past few years, maybe you are aware of it. The cost of laying cable has i=c eased incredibly. I was at a conference last year, educational leaders and cable community leaders, people from Rochester, people from Buffalo and some of the figures that I got were absolutely astronomical. If you are aware of the state of inflation nowadays you are also aware that the cost of copper has gone up enormously. It is a problem for cable operators, they simply cannot get the materials they want and for those that they can get they have to pay through the . nose. I am in favor of granting phis interim hike. Just for the sake of getting the air clearedi the idea of having a committee which would look into this mattex' is a good one because I am sure that when all of the information finally is -unearthed, the Ceracche system is going to come out smelling pretty good. My distinguished colleague said that he had his cable shut off by accident 3 times in the last 6 years. I would like to ask him how many times the power compdny has shut off his power. I think that three times in six year is a pretty good rate. There is another thing that is important to say. I understand that it has been one of these sort of hidden expenses a thing that is n9t put on the books for some reason. The fact that Ithaca College is completely wire for the Ceracche system, t don't believe Ceracche ever charged the college one cent for that. The fact that the elementary schools around here are wired for the Ceracche system, I don't believe one cent was ever charged for that. I could be wrong, but this is'imy understanding. That to me is good public service. That to me represents community aspect which I think is laudable and deserves to be recognized. For the sake of those things I think that the Ceracche system definitely does deserve at least the interim rate hike. I think that when all the chips are down investigation is over, the Ceracche system is going to come out in a very favorable light. I can't speak for the college but I certainly do speak for WICB TV, Cable Channel 7. I want to thank the Ceracche system and I want to thank Mr. Ceracche for giving us the access. Not one cent has ever changed hands. You talk about public access, our cable channel has given access to near every organization in this city at one time or another over the last few years and we are open to those people who want to have something to say. One final thing about community cable access. By enlarge it is a myth. Many, many cable stations have gone in with community access, they have made their studios available at some cost to themselves and they have found over the large aggregate that what you get over community cable access is ,junk. It is the local barbershop quartet or some guy who figures he is the great soap box speaker. I am not saying that those people don't have a right to be heard but this is a commercial business and it ought to be run commercially. Every time that a cable operator opens his station, open his studio, that is time that he has to have lights on and with the power bills that we have nowadays you should know what that will cost. He has to have people to run cameras and he has to have somebody in the control room. It doesn't come free, it is something that costs money. If -5- Febraary 24, 1975 you are trying to force this down the throat of the local cable operator for the kind of outcome that you are likely to get I think you are going to be sadly dismayed. John Sadwith presented petitions signed with over 700 signatures which stated as follows: We, the undersigned, oppose the Charter and Ordinances Committee's recommendation to grant Ceracche Television Corporation a 22% increase in monthly subscription rates without requiring an audit.;- We request the Common Council to vote down this unjustified hike on the following grounds: 1. We cannot afford this inflationary rate increase of $12 per year. 2. The Ceracche TV Corporation already makes over 20% profit; twice what the ordinary American businessman made last year. 3. The Common Council should not give Ceracche $100,000 just because he asks for it. Ceracche should have to ,justify his request like anyone else who holds a publicly regulated monopoly. �Alderman Boronkay asked if the people who signed the petitions were subscribers to Ceracche TV. Mr. Sadwith replied that as far as when he carried his petitions that was one of the C things he requested,; that they live within the City of Ithaca and subscribe to Ceracche Television. Alderman Boronkay asked if the people who signed live inside the City and were they collected inside the City. Mr. Sadwith said his were collected at Ithaca College. It was mostly faculty , administration that live within the city. Some were petitioned downtown and the various shopping centers. Alderman Dennis asked Attorney Shapiro if this is passed is it subject to a referendum. Attorney Shapiro replied no .it isn't. Alderman Saccucci asked Attorney Shapiro if the Mayor has the perogative of vetoing it or, signing it. Attorney Shapiro said yes. Technically there is also the requirement 'of additional public hearing for the mayor, should Common Council adopt this as a local law. Mayor Conley said this is a local law and he would also- have to have a public hearing twenty days after. ATTORNEY WALTER WIGGINS - ATTORNEY FOR CERACCHE TELEVISION CORP: Mr. Wiggins made; the following comments: Mr. Wiggins said he does not want his silence to indicate acceptance of some of the charges made by the first two speakers. I think our position is clear. I think that the company and the charges made by the cable awareness committee has been an object of some political efforts on the part of some young people who have concerns about , many things. Ceracche Television Corp. happened to be in their way in the course of their concerns.- With respect to the first gentleman who spoke I would suggest that indeed he has indicated he is not a resident of the City of Ithaca, he doesn't have a television set, he is an attorney or is acting as an attorney and I would suggest that the Council consider his remarks within the framework of his appearance before you. There is a very substantial degree of urgency as I have indicated to the Council by this fiscal year end, all of last years profits for this company will have been consumed in increase in salaries. The company cannot truly operate unless it can operate as a viable concern as I ask you expeditious consideration of the resolution. By Alderman Gutenb erger: seconded by Alderman Boronkay RESOLVED, That the public hearing be closed. Carried -6- February 24, 1975 LOCAL LAW NQ,. .7:- -By Aldermaa Nichols: seconded by Alderman Gutenberger The following changes are incorporated in Local Law No. 7 for clarity. They do not alter the substance of the original draft. SECTION I. AMENDMENT TO THE FRANCHISE GRANTED TO THE CERACCHE TELEVISION FRANCHISE That the Ceracche Television Corporation is permitted to increase the basic charge to residential users in the City of Ithaca from $4. 50 to $5.50 per month for the period of one year from the date of final approval by the New York State Commission on Cable Television; and That said increase is granted pursuant to the employment of a uniform system'of accounting for the Ceracche Television Corporation, and That the continuance of said increase will depend upon adequate indication that the income is needed for the satisfactory operation of cable television services in the City of Ithaca, said indication to be furnished to the Charter and Ordinance Committee of the Common Council no Pater than July 31st of the calendar year for which the continuance of the increase IS TO BE granted. That no change will be made in the present charge of fifty cents monthly for additional hookups to the saine. sUbscriber at the same address that are in operation as of ,March i, 19151 stich additional hookups to be billed at the price of one dollar monthly per additiohal hookup installed after March 1, 1975• FINAL PARAGkAPH TO BE INCORPORATED IN A SEPARATE RESOLUTION SECTION Ir. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Alderman Meyer asked Alderman Nichols if th4e was any kind off' questionable . discrepancies after the audit, then what are you suggesting? Alderman kiehols replied that I am sure that if such should occur that the rate increase would be discontinued. Attorney Shapiro commented that the way the local law is written now this is an interim increase do to speak and at one of, the Charter and Ordinance Committee meeting we did discuss this siibject with Mr. Wiggins and Mr. Ceracche and it is with that understanding they both assured us of that , that it is without understanding that if the commission felt and showed that the rate increase is not ,justified that it will be discontinued at such time. Alderman Saccucci felt that when we deal with a city wide issue if possible the aldermen should be present at the meeting or vote by proxy. I think that an alderman or a councilman owes that to his constituents. Out of twelve people we only have a few here at the meeting to decide on a city wide issue. Mayor Conley explained to Mr. Saccucci that there are 9 of the 12 which is a quorom. Alderman Saccucci asked Attorney Shapiro is it possible to vote-by proxy. Attorney Shapiro said it certainly smacks .of 'some in propriety is to the fact that to whether or not the,. people were here to hear the commients .made at the public hearing. That is exactly why you have ,a public hearing before Council so they can then vote on it. I will say that aldermen are generally under an obligation and a duty to attend Common Council meetings and Lthink basically the aldermen have certainly performed their duties. . We have ,had a number of Council meetings this month and will be continuing to,. have a number of Council meeting and sometimes 5 o' clock council meetings are just impossible for certain people to make. As far as proxies go, no, it would not be proper.-; February 24, 1975 Alderman Saccucci commented I only meant to stress only when it deals with a city wide issue. Before I begin to speak, I want to stress that this is not my feeling, it is merely the feeling of the peopl? which I represent. Aside from the several telephone calls that I have received from several local citizens, I also have a petition from some local residents, objecting to the cable rate increase of $5.50 per month, requested by the Ceiacche Television Corporation. These residents claim, that the present cable .ratt of $4.50 per month, is not even justified to be paid today, since the television corporattion has never produced the 3 channels previously promised, namely: Buffalos Scranton and Toronto station but merely supply the viewers with only repeats and station duplications. These residents feel, that they have been paying for services that they have never received, therefore, Mr. Mayor, they are asking the Corporation to provide the public with the above mentioned channels before they can even begin to consider any rate increase. May I also add, that the cable rate increase requested by the Ceracche Television Corp. is being asked, when several senior citizens of this community, were contem- plating on asking the Corporation, for a special cable rate.. Therefore, on their CC behalf, I am asking the corporation to consider their request. tl: xIn view of this petition, I don't see how Mr. Mayor, I can support the proposed resolution (local law) amendment. Alderman Dennis felt that this should be tabled until the regular March Common Council meeting. He felt everyone should be here to vote on it. By Alderman Dennis: seconded by Alderman Saccucci RESOLVED, That Local Law No. 7 be tabled until the next regular March Common Council meeting. AYES: 8 - Boothroyd, Boronkay, Dennis, Jones, Meyer, Nichols, Saccucci, Spano NAYS: 1 - Gutenberger ABSENT: 3 - Barber, Hamlin, Slattery Carried By Alderman Nichols: seconded by Alderman Spano Resolution of the Common Council Establishing an Advisory Committee on Cable Television The Mayor shall appoint an advisory committee ow cable television. The committee shall consist of five local residents, three of whom shall be required to live in the City of Ithaca, and shall include at least one trained accountant and one electronics engineer. The Mayor shall appoint the five members so that one term shall expire each year, so that one appointment will be made each year after the initial group of five shall be selected. The duties of the committee will be to hear and review citizens' complaints and suggestions regarding cable television service; to advise the Ceracche Television Corporation regarding access to the cable television system by local individuals, groups, and public bodies; and to supervise the preparation of the annual report of the television corporation to the Common Council. They shall also make recommenda- tions to the Common Council concerning changes to be incorporated in the future renegotiation of the cable television franchise. Carried Alderman Jones asked why the number of people on the committee was five as opposed to seven. Alderman Nichols said'. if a committee is large it is very difficult to have any effective general meetings. This committee would be able to call upon any number of other people for advice and suggestions, a committee of more that 5 would be so unwieldy. On a motion the meeting was adjourned at 5:55 p•m• t i Joseph A. Rundle, City Clerk Edward J. C4fnley, ffl r COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. February 26, 1975 PRESENT: Mayor - Conley Aldermen (11) - Barber, Boo* d, Boronkay, Dennis, Hamlin, Jones, Meyer, Nichols Slattery,:Spano, ABSENT: Aldermen (1) - Gutenbergar OTHERS PRESENT: City Controller - Daley Police Chief - Herson Planning Director - Van Cort City Clerk - Rundle Fire Chief -- Weaver PLANNING & DEVELOPMENT COMMITTEE ANTON EGNER, ARCHITECT AGREEMENT FOR CASS PARK CHILDREN'S POOL: By. Alderman Jones: seconded by Alderman Boothroyd RESOLVED, That Anton J. Egner be hired to design and be responsible for a children's wading pool in Cass Park, and BE IT FURTHER RESOLVED, That the Mayor and City Clerk be authorized to sign the contract between the City of Ithaca and Anton Egner. Carried Alderman Jones pointed out that all the aldermen have copies of the contract and that it was put together by the Attorney for the City, Mr. Egner and Egner`s Attorney'. The contract runs from designs to bids and Mr. Egner is involved with the project until it is completed. He will also supervise construction. His fee is 9,11,2% of the total cost. The money for the pool was set aside in 1974 and 1975 and comes from ' general "revenue Hinds. Alderman Barber asked if the Planning Department is getting any indication of what the size of the pool is; going to be and where it is going to be. Alderman Jones stated that it will be something like 25 by 50 feet and where it is going to be is not known as yet-Las there is soil problems in Cass Park. Alderman Boothroyd asked Mr: Van Cort if there is going to be_ any BOR funding. Director Van Cort stated "no" not for this job, and further stated that the process takes so .long that we won't have any chance of getting the funds by this time. There are two problems: 1. You can't match BOR with general revenue sharing. 2. The process is very long. Alderman Dennis asked when the project is predicted to be finished. Alderman Jones stated that Mr. Egner knows that we are trying to get this pool ready for use this summer, he also knows that we do not want to essentially bring fear in the kinds of space demands that are involved. The contract as it is drawn up states that if_ the, work .is. not complete,. if within the calendar year, the contract must be renegotiated. Mr. Egner is working against the time limit, hopefully, for two things to work out; the Jr. Olympics are important and we would like to be involved in them.andit is'a problem to take;a small child to Cass Park and not be able to take him into the water. Alderman Barber asked' if this is the same type of pool as is in Stewart Park. Alderman Jones stated "no" that this is gbing to be roughly 6 to 18 inches that helps in the amount of weight that we are trying to put on the soil. Alderman Saccucci asked what the initial payment would be. Mayor Conley remarked around $60,000. -k- fcbruary 26, 1975 Mayor Conley replied that most of the equipment that has been authorized already that hasn't been purchased will give us an opportunity. to work with -the department heads to really go over them again. Alderman Boronkay commented that after the four month budget, say two years from now, they canhot buy anything until after May 1. They will have to wait a whole summer and a year and buy it next January. Alderman Hamlin stated that they are going to miss a year with the budget starting inlay they will have already missed their equipment for that particular year. Mayor Conley felt that this would have to be taken under consideration during that four months period of time. Alderman Hamlin asked if we are on an accrual basis in this City. Controller, Daley stated that we are. CG Alderman Hamlin than stated that we don't have any revenue coming in from last year during the first four months of the year, this makes it more difficult. Mayor Conley adjourned the special Common Council meeting and Council moved into p a Working session to consider the administrative code for the City of Ithaca at 8:18 p.m. ,,,oseph A. Rundle, City Clerk Edward . Co ey, Mayor • a OOMNON COUNCIL PROCEEDINGS City of ITHACA, NEW YOW Aeegu meeting TOO P.m. ie�rch � 197 mayor Conley. , xi AlditaM � , w Meyer., Nibbblei Saccvtcci,. Slattery, 'Spann City CoAt"lfier - Daley Planning Director - Van Cort Deputy building Comom. - Jones Supt. of Public Works - Dingman Police Chief - Verson Coordinator - Youth- Director - Cutis Fire Obief - Weaver City Clerk - Rundle U DO OF ALIMIANCE present were led by Mayor Conley in the pledge of allegiance to the American AU, present remain standing for .a moment of silent prayer in memory of Joseph Speeno's father and Alders Spano'# bvother and also Mrs. Andrew Maszela, t#*,wife of the Mayor of the City 9f�4prnell. On behalf of the Sion 'family, Alderman Span thanked the members of City Hall for the condolences sent to them at tb* time of need. ByAlterman Dennis: seconded by Alderman Slattery MOLUVv That the, minut" of the PO ttsry 59, 12 6 19, 1975 meetings be approved L ree*4ftd by th* City Clark. Carried Mwor Cooley Felt° that City Clerk Rundle bqs made, an atte Wt to do everything be s taw to record the meeetings as verbatislr as he possibly catr . crr Carey gdiked 4*c11 it they vquld like.p► r(aom alder and wit that ve can bat all the 0ee0tolutidAs in-the ptnutes plus pertinent c-�nts tktt the (bmue T vou14 lie to make, �koybe ttteey a d, am so -they° are m Add a point that theey vse .d to haw! t ie record s *to! t is tartieu7,ar point viewr. ,dm Jones. fat that this aught be a very god idea. It is the kinds of t t ertt t {yam e;il jss in pd�ae resoh ic►ps. : It sbov�:d sub 011 be verbatim. *pr Conley said if they ladie ttee wbien tb ore speaking that they Want the Ord do eh a -partieGuiar.pow or view # �r as�teer the ieteting while toe: City erli: is t tag together th#! tdtattets they might indicate to b a that i ietT! they said they u18 liken to have th,a minutes reflect. It adsht be an eaefer way e`haidle it. a ,MTTO" TO THE AGODII Alderman Gutenberger explained that the audit vas inadvertently iedit of! the "enaft q and asked that this be edde.d to the Budget a Administration Conli:ttee's agenda. Aldermen Jones asked th*t under Planning 4 Development item T (h) read Ithaca Oity School District opposed to Supt. of Schools. Alderman Jbnes also &J*ed that T 0) have a time limit Qn it. No objections were made to these changes. PERSONS APPEARING BEFORE COUNCIL Steven Boldt - 108 N. Geneva Street: Steven Boldt made the following comments: V am speaking tonight as a homosexual resident of the city, a resident for the Wt lO years and I am speaking as a representative of the Local Gay Community wed of the Gay People's Center. We are here tonight to present to Common Council a -comprehensive gay civil rights lax Vhich would guarantee gay people, homosexua.la" e:duaL rights guarantee them from discrimination in areas of employment, housing, access to public facilities and credit. This is a comprehensive civil rights law bgsed on the New York State Human Rights Law which if Common Council passed it -2- March 59 1975 would have the same effect as if the New York State Human Rights Law had been amended to include, gay people,' , We` shouldn't have to be here tonight. The Declaration of Independence states that every citizen has the right to life liberty and the pursuit• of happiness. When you began this meeting you began.,with the pledge of alleglahce to the flag, app stated that you pledged which guarantees liberty and justicb' fair all. The`hinet,h amd�dment, of the United States 'Consti- tution deolares ,that American people retain Certain rights which may not be denied or discouraged by law regardless of whether or not those rights are specifically enumerated in the Constitution. The 14th Amendment to the Constitution of the United States says no state shall make or enforce any law which shall aggrieve the privileges or immunities of citizens of the United States nor shall any state deprive any person life, liberty or property,without due process of law, nor` deny to any person within it's jurisdiption the equal protection of the laws. We should not have to be here tonight and ask for basic rights which the Constitution and the Bill of pi.ghts guarantees to us for which bigots have managed to despair it and deny us.' , Some articles such as an article that appeared today in the Ithaca Journal wanted to know why now, ,why 'is this coming up now. A reporter fdt WCIC that interviewed me yesterday wanted to know why is this coming up now. Well, it is not just coming up now, we have beep here-for seven years and many of the C' local media ignored us for seven years`and',now all of a sudden when this comes up, they say, oh, this is new. You haven't been here before; welly it is just tI: not true. When they say why now why is this happening how, there is nothing sudden about this, we have been here for seven years, it is an organized group, Q growing every year, getting larger every year, the social events we sponsor every year have been getting larger, and if the media suddenly discovers us, fine; but let's not play little games and say why now, why is this happening now. Why, that there is something unexpected about this or domething that is happening without precedepc that there is no logical sequence of cause leading up:to this. I want to sLte one of the reasons it is happening in, Ithaca, is that Its :a is a liberal town, there are 15 cities now in the United States which ,have passed, legislatibn similar to this. This is a'liberdl: ..Community which has a reputation for being a liberal community and when change happens as changes are happening to homosexuals and, to the gay community one of the first places it is going to happen is in Ithaca, New York, because of the nature of, the community. We would have been very happy to pass this thing very quietly and not had a lot of media attention to this and so on and so forth, but there didn't seem to be any indi- cation unless Council members were pushed that they would consider us seriously. So, if we put Council members on the spot, and make a little noise because we don't believe we could have passed it any other way. John A. Taylor - Unitarian Church - _20T Winston Drive: John Taylor made the following corabents; I am here as,a citizen who happen&."to be the minister`:of the Unitarian Church. I don't want to be in a position speaking for all Unitarians, now or any other time:­. Ladies and gentlemen of Common Council: It is with'a good deal of regret ,that I,.'appear .before you this evening. The proposed ordinance which I am..,here to support`is a regretful piece of legislation. It is always to be,regr,eted when society igngres that which is humane and is therefore required to obey that which is legal: Members of my profession would like to believe that common',decency is sufficient reason for right action, and we are inevitably saddened when laws must be written to insure 'right action. This signifies to us that common decency is not as .common as we had hoped. Nevertheless, when it is necessary such legislation must'be supported. The extensiop of ;civil rights to the local gay community is,the logical progression of the 16d4l procedures whi,� a been ,a part of this nation since $ts founding,' and have been especially PtOminent im the last few years' with the passage of various. laws which insure the, rights of citizens regardless of race, religion or sex. It is natural that we now insure the extension of these rights .to all men`and women regardless of "affectional preference", It should be noted that this proposed ordinance does not argue for the propriety or impropriety of "affectional'preferences". This is consistent with other civil rights legislation which ignored the superiority or inferiority of a particular race, religion or sex. Individuals and groups may hold that . either homosexuality or heterosexuality is the better - or even only "affectional preference", but that is not what we'.are considering here. This is simply an attempt to assure that the rights of all are precisely" rights of each. It cannot be ignored that this issue ca2''ries considerable controversy. However, the real controversy is not simply the statistical distribution of hormones, -3- March 5, 1975 �ut rather the re-allocation of rights and power. Those of us who have been participants in authoritative structures - either by being members of a majiorfty or the inheritors of power structure - are going to be hesitant about rO1inWui Qxirig or compromising any portl'on of our privRege. We, to use Abraham Iyinobibl s wofd, blive the "s.lo " regarding the extension of egu*1 rights to, among dtheyts, Jews, Blacks and women. We, undoubtedly, will have the "slows" about extending equal, rights to the gay community. But this should not deter you from the obligations of your offices, and your leadership will reflect the quality of our democracy. We have long declared our belief in a 0 Pluralistic society. We have long affiraed that- each bad a right to live life `` as he saw fit. Those of us who belong to the accepted majorities, most espec- tally the "affectional" majority, are now being challenged to give life to � our belief and vitality to our pluralism. Your deliberations in the next few Meeks will not only reflect your personal opinion and your concern for this city, they will also tell all of us a great deal about the substance of our democracy and the intensity of our col t'itmelit tb pluraltsm. Sam Salkin: Sam Salkin made the following comments; I a* speaking for the Tompkins County Chapter of the New York State Civil Liberties Union a division of the American Civil Liberties Union. The American Civil. Liberties Unionn has long adhered to the proposition that every person should be given the opportunity to live her or his life free from the evil effects of discrimination and prejudice, whatever the cause of that prejudice might be. The American Civil Liberties Union has not only adhered to that proposition but has indeed fought for that principle. It is in this spirit the Tompkins County Chapter of the Civil Liberties Union formally supports the gay people rights law being presented to the Ithaca Common Council tonight. To be refused employment, lodging or services because of ones .sexual orientation is no less offensive, no less contrary to letter in the spirit of the constitu- tion than to be refused employment, lodging or services based on ones race, creed or color. We strongly urge Common Council to act expediously on the adoption of this ordinance which would, serve to make more complete those set of laws which rightfully prohibit discriminatory practices. Lynn Taylor - J V H�, qg Street`; , Lynn Taylor made the following comments: I am speaking as a citizen of City of Ithaca, New York, in favor of the gay human rights law. I don't want to take up much time, I an sure there are other people who want to say something for this law, there is other business to be done by Common Council. Mr. Mayor, Council people, supporters of human dignity and human rights, Steven said it before, we shouldn't have to be here. We haven't; come here to change anything for anyone else. We haven't come to take anything away from public sector. We are trying to protect our rights. I am here trying to protect the rights that I had when I was born. The rights that I had all of my life --uhtil I was known as a gay person. From one moment to the next you become someone else and I have come out as a gay person and I have seen what it is like to slowly lose one right after another. No one here, no one on this Council, no one in this room would like to go through that. This law is not just a gay peoples bill. This law does not say just gay people, it doesn't say bisexuals, it doesn't say heterosexuals; it says by affectional preference and our definition of affectional preference reads the term affectional prefer- ence means having or manifesting an emotional, physical or sexual attachment to another consenting person or persons of either gender or having or manifesting a preference for such attachment. That means it covers everybody. I think it is about time that we stopped passing laws, passing civil rights legislation in this country and this state and this county or in this city. Minority by minority, why do we just get rid of it all and say alright let's treat everyone like everyone else. Let's be grown up. There is no justification for denying these rights, as a pretense to protecting someone else's way of life. We are not going to be on State Street doing things you don't want to see us do; that is not what this is all about. This has nothing to do with a sexual act, it is not a homosexual bill; it has to do with not being denied the right to go into a bar; we are not being denied the right to hold another woman's hand. Not my mother's or my sister's, just any other woman's hand. It has to do with not being denied housing because I might have a woman stay overnight with me. -4- March :5, 1975 Now, she is not going "to'cause any more trouble than any�of -the men who stay with the rtraight women: But it could happen; I could be denied housing; Y could be denied a job for the same reason; I could be denied;the access, to a bar or a bowling alley or a laundromat. Now that's ridiculous, wheniyou get down to those terms it sounds really ridiculous and as I' said.before it is ridiculous that we have to be here. It would be ridiculous,,if -we hail to come back because this shuffled off someplace or hidden for two;or three months or put into committee where it won't do us any good. ghats why we would also like to ask at this time that the statements of myself, the.preceding people who have spoken and those who follow in reference to this bill be-put -in the "- minutes if that is possible, so that it will be in the minutes for future reference. Also, T would like to ask that this be turned over to the Charter & Ordinance Committee and Charter & Ordinance Comm. alone so that it will be handled in an expeditious fashion so that we know that it is going somewhere where something will be done, so that we know who to contact. I have people asking me who do we get in touch with, who is going to be handling it. "•Well, so far I have told them the Charter & Ordinance Committee and that is what I am going to keep telling them. My mother wants to call from California she C'- doesn't know who to call. She couldn't be here tonight, but she sent tier regards. CC My sister is here. We are already here; if you deny these rights, you are not going to get rid of us. You are not going to make me straight by saying I can't have a job because I'm gay. I'm still going to be gay. Maybe I'll be tan unemployment. That is the greatest thing, isn't it? You can put us ali to work if you give us our rights, that is a possibility. If we can go into bats, we'll spend more money. It would help the economy. If we are denied oiir rights, there is no justification, except bigotry or fear, and fear when it runs rampant id bigotry. There can be no answer except the protection of our rights. When the rights of any individdal are not protected then the rights of all in a society dre in danger. There can be no answer for us, for the supporters here, for the people who worked Very hard for this, there can be no answer but a very prompt passage of this bill, and I am trusting all of you to do that. StbV0 Lei te4e Leigh made the foildwiftg comments 111 t am a commissioner of the Human Rights Commission. We the members of the Tompkins ,Co�ity Huhian. Rights. Commission have ,iw our duty to foster mutuai Understanding among .all `segotnts of the comtffimity. When Ve gee one segment of the community denied theit as human beings we must work to do a44 Ath Ouch unequal treatment. fbr thase 'reasons we.-strongly urge the City of Ithaca to adopt *n ordinance preserving the rights of all human beings within its brisdiMction and an equal opportunity to enjoy a-full and productive life and the opportunity to obtain employment, .education, housing, and the use of public accommodations without discrimination because of affectional preference I r sexual orientation. .. The ordinance should preserve and protect the rights of all individuals, both homosexual and heterosexual, to live a full and productive life and to enable them to give their best efforts to the community. Lin Farley: Lin Farley made the following,pomments: I am ai lecturer at Cornell University. I don't think anything you could hear tonight will have more:b�eariAg.on.what you are going to discuss 'in the..noxt few weeks. ' This story also speaksi to `thIe lac;t. .thai many heterosexual people do not really believe that.the ,d.3scrimination against. homosexual men and lesbians is as severe as widespread.as painful and des.,txuctive as in reality really is. Lin Farley read an article written by her which was printed in the Ithaca Journal as follows : Last August I moved.to Ithaca,- at the age of 32, to accept a job as lecturer in the Human Affairs Program of Cornell University. I am a woman-loving woman, a lesbian, and for the last six years have refused to hide or -pass as anything I. other than what I am; so I was. hired with full knowledge of my sexual preference. (Practically speaking th4As means that a rightwing maniac couldn't blackmail me for -secrets about HAP or ornell by threatening to expose my private life! ) I have been a lesbian since I was 17, when I fell in love with a woman %V senior year in high school; and, except for one or two affairs with men, sir feet have been firmly set along this path. In the meantime, I developed a career as a working journalist sad after a journalism scholarship at the University of -5- March 5, 1975 Southern California went to work for City News Service of Los Angeles which led to a job offer from the New York Bureau of the Associated Press. Through all these years I stayed hidden or "closeted" on the job-in my entire professional life-about my sexual preference. Spanning those years were moments when I wanted to scream over the multi-farted deception bigotry and social pressures had forced me to adopt, and these were moments when I was close to blurting the truth; but always the fear of losing everything I had worked so hard to build up in the way of a reputation and integrity stilled my tongue. Suddenly, the times began to change. There seemed to be a new spirit of reform and change sweeping America, an openness; and the Women's Movement and the Gay Liberation Movemegt were two of these forces. I joined both movements in late 1969 and have devoted the major share of my time and energy since then to a furtherance of their causes. In fact, it is this work plus my work as an investigative journalist which prompted the job offer from HAP and brought about my move to Ithaca. How ironic, that this work I had none so willingly without ever having experienced any direct discrimination should bring me to a place where I would experience overt discrimination for the very first time. In other words, I had spent the last five years of my life in.,New York City, a place notorious for its callousness and brutality, and it remained for Ithaca to teach me the vicious lesson of bigotry firsthand. I arrived here mid-August. The weather was balmy, the city was beautiful, I loved the job and the people seemed welcoming. I soon rented a place on Casca- dilla Street between Meadow and Park, moved all my things up from the city and only after I was completely settled in did I realize my mistake. The downstairs neighbors were hopeless rock addicts and the stereo blared full volume around the clock. After a month of trying to get them to turn it down, I decided that rather than turn my living space into a battleground I would move. The thought of moving again made me ill, especially since the pressure of my new job and the related commitments to various groups and projects were beginning to take up more and more of my time. But a week later, by pure luck, I found a place in Cayuga Heights; it was the basement apartment in the custom-built home of an architect-planner who works at Cornell. What really sold me was a picture window the length of the bedroom wall that opened onto a landscaped garden. I was elated to find the place. The architect's wife, who is a civic-minded woman and has worked as a volunteer for a woman's group and an ecology group, sat down with me and we talked about the apartment and life and HAP. At the end of our conversation she said that she and her husband would be extremely pleased if I would take the apartment as it was only an accident that it was vacant this long, their plans with someone else having fallen through; and frankly the people she had interviewed so far weren't quite what they had in mind for a tenant. I said I would get back to her the following morning. The next day I drove out and rented the place. I spent all that night packing and the following day with the help of practically the whole staff at HAP who contributed their cars and their muscle-power we moved me in. A few of us went out for dinner afterwards and celebrated my good fortune. I was even more de- lighted when over the weekend my new landlady and landlord left squash and tomatoes from their garden on my doorsill. Four days later I was asked to move or change my ways. What ways I was supposed to change I never quite descovered except that I was not supposed to have overnight visitors and it had to stop or their lawyer would contact me about eviction. I went to bed one night happy as anybody and woke up to find myself in a nightmare of bigotry and evasion and mindless hatred. I have never experienced anything quite like it. In an effort to reconcile the situation I invited the Director, Dan Leahy, and the Assistant Director, Jinx Dowd, of the Human Affairs Program over to the apartment to meet with the woman-of-the-house to try and get to the bottom of things. I think we must have talked for four hours that night. She kept saying there could be no compromise. No Overnight Visitors! . We asked if she feared �y abuse of the facilities if someone stayed the night. She said no and admitted that the apartment had heretofore always been rented to a couple. We asked if she thought guests would be thoughtless about parking their cars or something like that; she said no and admitted that in this respect I had been a model tenar.t. The whole thing was beginning to feel like a Kafka novel when finally she said, "Look, I have children, and they are already beginning to ask questions." "What kind of questions?" Dan asked. "Well just today my daughter said to me 'Gee, Mom, Lin, sure seems to know a lot of people." T - ` March 5, 1975 1 declared, "You khow that doean't' et*A 3ik'e- a terrible thing for a child.to say about somebody. _ this was met with cold silence and s. tightlipped UhSer that, I had refused to pick up the innuendo that she deemed alas present in the question. And finally;_ this: "Ali .right: Look, we're all adults here. I don't care what you do. I really don't. But you won't do it here." There, at last, the blatent bigotry v►as exposed for all to see, inclixding Dan who right up until that moment had. refused to believe that anyone would try to evict in this day and age for lesbianism. Ti ere was nothing to do except research my legai rights. I found out that there was nothing in the lease that barred overnight guests. In fact, I couldn't be evicted for anything-except lesbianism.. In other Vords, I was not and never had violated lipase-they had no case. But it they chose to agree that they wanted w' out beoaus6 I Vag a lesbian, then I had no protection before the law. Prece- dent was do their side. The humiliation bf the next two Months i9 paidful to relive. I told them I would hiove when I found a place 3 liked, not before, and that was the best I would do. They b6&n td hsra$s rite. 1. spent nearly every evening I could for those tvb fudAthi looking at ai: �wtments - Nothing suitable could be found, everything had been snapped tlpi , It was an ihter linable seatch. In the m�antiiie the woman be&n to ;abuse mss by insinuating that maybe I couldn't find si tliing�tedause i would have to pay more rent than I was presently paying, because I vaenit, #yinA, because I vas etfipid and lazy and deceitful. Fil*lly� s4e marched 'd,owndtairs to ibtorm me one Meek before Thanksgiving that her husband's parents would be visiting over "thanksgiving and they wanted me gone by then because they "didfs't want to haVo to explain me". I don't think someone who has never exp#k eneed bigotry or oppression could ever quite comprehend the ugly self-doubt and self-hate this kind of treatment called up in me I began to spend time at friend's houses as I was fearful of going back to the apartment. My stomach was in knots, I was edgy, all the time and I began to think that'-people were talking about me. At some level, it is clear I began to feel like a pariah+ %+ be there is something wrong with me, maybe I am evil; these thoughts flashed through me more than once. And then one day I understood the whole importance of the lesbian-feminist and gay liberation mdVemefits. PRIDE. One cannot absorb that kind of hatred without it seeping into your very soul. You have to stand up to it and you have to fight it-there is no other way. It can't be ignored because the toll is too great. More and tore of us haire ,to come out (of course, if I hadn't been out I probably never would have been thteatened with eviction because those good liberals in their $100.000 hoiAd vd4id ftever have suspected they were harboring a dyke. ) The ending is that I found 4 Place and that I moved and that those two pillars of the community are probably still smiling about it. They probably won't even 'other to,dhahge thdif leasa 6f reMbve the outdated letterhead of "Cornell Approved gtudent Housing." that's basically my story. You might try it on as your own and see how it eels. You also might ask yourself how you would feel about Ithaca after an ordeal like that? I'll tell you how I feel. I don't think a tin should be judged by two citizens, just the way a barrel of apples shouldn't be judged by two rotten ones. I've been supported by good friends through this time of trial I live downtown in a wonderful apartment with my lover and life is beginning to feel pretty full again. But this bill before Common Council is my Bill of Rights. If Council passes it, Ithaca aims to see that prejudiced people cannot harm my life and my ,lob with impunity as has just been done. If they do not pass it, the city of Ithaca is not interested in the rights and well being of all of its citizens. Sa.�rAh Pines - 1341 'Slaterville Road: Sa'Wdh Pines made the following comments: ' I wouLld like to testify in my personal and professional capacity. I am a. psychotherapist in private`p'ract`ice is Ithaca, I em an adjunct professor and I have been involved in child abuse law in Tompkins. County. I have been in practice here for three and a half years and I have a lot of contact with people who express themselves affectionally and sexually with people of the same sex. I have resisted the terms three and a half years that define people that put them into roles and categories and thusly perpetuate all kinds of myths and folklores and prejudices. I have seen the incredible damage that is done by stories like -T- March 5, 1975 Lin Parley's and every time I see another story I am amazed. I don't know why I should be amazed every day over and over and over again that a persons total life situation should be fudged by one mere aspect of their life; namely, who they express to, who they choose to express their emotional and sexual love. I would like to express my committment on every level to the gay community in Ithaca my time my money and I would like to kind of lay myself on the line in terms of saying that unless I support this bill and unless all of us support this bill there isn't any reason why in another week or in another month someone could say, oh, you have brown eyes people who have brown eyes, my God haven't you heard about them. Or I look around and I see people with glasses and without glasses and I don't snow about you people who have glasses. I mean, I have heard all kinds of things about people with near eyesight. L Leonard Ferris - 104 Short Street : Leonard Ferris made the following comments: I noticed at the beginning of the meeting the Mayor asked everyone to stand up and pledge allegiance to the flag. I didn't notice whether everyone did or not, I assume that most of you did. There are some things that I have written here I want to refer to. When we pledge allegiance to the flag in that pledge are the words under God,I don't particularly condone in a public meeting the use of the ,name of God in a blasphemous way as I have witnessed here this evening. Especially as it was done as a threat to this Council. The gentlemen that made the first talk was followed by a man of the cloth as I would term him. He speaks about the need for laws. I would feel that a man of the cloth would above all things realize what the law of God is. In the 20th Chapter of Leviticus which is the third book to the Old Testiment of the Bible, Verse...• 13 it says if a man lies also with another man as he lies with a woman both of them have committed an abomination. They shall surely be put to death and their blood shall be upon them. In this Declaration of Independence it speaks about our creator as endowed us with certain unamiable rights. I feel that these rights of life, liberty and pursuit of happiness certainly should not be questioned. Our ancestors our forefathers that formed this country and this government a constitutational republic for us certainly had the foresight. I think that the question here tonight is that when you pledge allegiance to the flag you mention the words under God. I ,just told what the 13th verse of the 20th Chapter of Leviticus says in the Bible, ! I would hope you people on Council were God fearing men and women. I feel that if you can act any kind of an ordinance that in any way circumvents anything that is being proposed by any "gay people" here tonight you are going to have to face your God some day. I hope your conscience will allow you to face Him and not know that you have a party to anything of this nature. I don't feel that you have to give in to any pressures from large numbers of people that have been here tonight no matter how eloquently they have spoken to you. You do not have to give into these pressures, you do not have to accept this much less turn it over to your Charter & Ordinance Committee. I think you have to look in your own conscience, search your own religious life and come with your own ;individ,l$�1 answers. I am no psychoanalyst, psychiatrist, I am no psychologist but I strongly suggest that the people that consider themselves as gay people and there are people that call them worse than that But I would suggest that these people that call themselves gay people endeavor to get to someone who can give them some help that they need to straighten themselves out. JUDITH CONE, 2016 DANBY ROAD: Judith Cone made the following comments : I am not a speaker, and I'm not a student of the Bible, particularly, but I do apparently know more about it than the previous speaker. Mayor Conley stated that everyone has an opportunity to express their points of view to the Council, but that he did not want to conduct a debate. Judith Cone proceeded: In the Old Testament, I believe that it is correct, that if a man lies with another man as he would with another woman that it is an abomination and it is punishable by death. In the Old Testament, there was also laws that say if you eat of unclean meat which is pork, that you shall be punished. 'There are alot of other laws that at the time were valid, the world was not over-populated at that time and we needed all the people that we could get, we don't need the people anymore, we don't have laws saying that we have to propagate. -8- March I also believe that America was founded on the belief that there should be a separation of church and state. I believe that this law, or this deti to tonight, is for the purpose of. s; law of the state or at least of tee city and that our own religous beliefs our. own feelings with God, our own Gods should not be debated. We are debating a law, that's all. ELISE NACELEY 2418 VAtENTINE_DORM: Elise Naceley made the following comments: I can't quote Bible verses to you, because t am not that familiar with the ..test, but I believe the primary'message of the Bible is love. I believe that it says in the Testaments faith, hope and charity, love, the greatest of these, love. Jesus Christ fraternized with prostitutes, men of the law, men of religion, people who were spat on and scorned by people of the towns he visited, and I can't recall a single Bible verse that ever says Jesus said to anyone, you're not good enough, or you're evil, I can't recall anytime that Jesus Christ said to anybody, you are worthless, you are not worthy of my love. ' A lot of gay peoplesto'od up here tonight and said thi,q. bill opposes the inalienable rights that they as gay people have. I would like to-propose also as a heterosexual person, I feel that this bill represents my rights too, mY,, rights to walk with :ny head high in this country, if it isn't passed, them I am' ashamed to be in this town where, in such a free thinking, liberal college community, e' in a place that preaches so much freedom, and do what you will, as Ithaca could continue to in the name of God, in the name of church, or in the name of decent v' citizenship, deny the right of certain people whose preferences are not liking to theirs, to walk the streets in peace. C� STEVE G. KOLE, ITHACA COLLEGE_ STUDENT: Steven Kole made the following comments: I would just like to say, I agree with the preceeding speaker very much that love is a very important thing. There is a lot of hatred in the world, there is a lot of . anguish, a lot of misery, what is wrong with love, what is wrong with love I ask you. I love everybody, I don't discriminate, I love men and women alike, I am homosexual, but I do love everybody indiscriminately. This is what is really the matter, dis- crimination in any form is wrong people -,ar.e4vVop1,e -r-egtrdles's of_their- id4_0synU'rxd-8-6Les, Mat is what. makes'us people. BETSY ,DE,MIN: Betsy,Demin made the following comments : I would like to tell you about a phone call I answered this afternoon in relationship to Lynn Farley's story. There was a man on the telephone and he said; " Irjust want td apologize to you, -1 Just read your story, I want you to know that I am a straight ian but I feel really badly about what happened." I asked him if he would come to the meeting tonight, he said, no, he! was a police officer. I felt that his phone call was really important, that it was a lard phone Call for him to make, but tie felt a really human obligation to come forward hud make it, That is directly in relationship to this bill,-it is a very human bill to be passed and we need it Very badly. I want to share that Vith you. MARSHA ZEBRIESE, 603 SENECA: Marsha Zebriese made the following comments: I had only a few things to say, First, apparently this has become an issue concerning God and. what the Bible says, and I agree the person that said we have decided this country shoud have a separation of church and state and I think that-the person who spoke and said man should the agentfor God is underestimating the power of God. If God cares to deal with gay people he can, deal with;them in the hereafter or. the now, and he is powerful enough to take care of; gay;,..people in any way he want to without, 'making human beings his agents. What if,ahis person 'should­find later that this Bible that has come down to him which was written by men, and has been handled by men, and transcribed, through the ages came down•incorrectly, he would have to face his maker. I don't think it is for man to decide, what is God's to decide in other words, let God take care of each and every one of us according to the ti-ngswe have done in this life, when he cares to take care of us, I don't think it is an issue for men, I think that the issue is law and what we have decided. I know that a lot of people here have wives, children, some don't have children yet or might have children later on who turn out to be gay, there is nothing necessarily that says you have done anything wrong, or raised them incorrectly, this is, just a matter of preference. A lot of you are fearful that some of your children may be molested or sometli.ng like that, I feel that if gay people are out in the open and you know who gay people are and there is nothing to be hidden then you will separate the gay people from the pedophiles and the pedophiles will come through their educational process -9- March 5, 1975 in the same-way that other psaple have. But some how. or other they have been cod. from other adults, and they have been a]j� because our sexually restricted enviro=ent, these are things you should take in consideration'as well and that when people don't have to hide their sexuality, then you won't have to fear gay people. It is only when they have to hide that other people that do have problems that do take advantage of people and children who can't stand up for their own rights. That is when you have to worry, when gay people have to remain in the closet. WILI & SIEBERT2 'A LANDLORD, 210 STEWART AVE: William Siebert made the following comments: I have been a landlord a couple of years now. I make it clear to Vhoever rents from me that whatever other tenants do in other apartments is strictly their own business. Some people refuse to rent; and go elsewhere. Those who want to stay in my building do so, I have a nice, happy, friendly, happy building. I have no idea what proportion of heterosexual or gays is in Mr building, X don't care. Since I have been a land- lord I have never once had a complaint against a tenant or have I ever had to collect on a damage deposit. Everybody has come through in a nice, friendly people and that is "because everybody is out in the open and nobody is hiding anything: ;, HAROLD FELDMAN, 105 CASCADILLA PARK: Harold Feldman made the following comments: I am a straight person, I live at 105 Cascadilla Park, I 8A a professor at Cornell University. I said that I am a straight person because I thought you would believe me more. Because I was interested in that policeman's comment, that he felt he couldn't come here tonight and I think we should ask ourself the question, why did he feel that way and what can you do help him with his problem, it seems to me that the policeman has an important problem that we all need to address ourselves to. Why he feels he himself can't come out and say he is a straight person. I also was E*one point, a landlord, a landlord's real question should be, is this person going to pay rent, and keep the apartment in good condition, and it seems to me that you need to help that landlord, to keep to those criteria and no others, he has no right to use these personal criteria, other than those which pertain to his property and his collecting the money from a person. At one point homosexual were perceived as criminals, recently the American Psychiatric Association has indicated that - homosexuals are not sick. It seems that me that one thing we do tonight is have homosexuals and straight people both have equal rights. VICTOR BONGIOVANAI,127 EDDY ST. Victor Bongiovania made the following comments: I should think that a few of the Council members here would have misgivings because they see some of the flipant talk tonight as an encroachment on their domain, by the academic community in Ithaca. I think they should bear in mind that the eyes of the country are li'l;mialyupon them because tonight the precedence are being set. I for one, don't have to worry about the rath of Leviticus, because I do not sleep with women,T sleep only with men. If we were to follow Leviticus to the letter we could not allow circular clock to be in. the room because according to that book, I believe the ratio between the circumference, the diameter of a circle is equal to three and no circle could be formed that way, the misconception lay in the writer and not in the word of God. It might seem to some of you that I am using the name of God in vain, it may seem that way when the person was exort you before, to see what we are uip against here. That if you faced the persecution that this person did you might bQ able to identify with him better. RON FILIMWICH, 616 UTICA ST: Ron Filawich made the following comments: I appreciated the man who came up here and introduced religion into the discussion. This is an issue that is central to me, it's an issue that underlies all law, I had difficulty with what he said though... ' W biggest conflict now as a person, living, is conflict between my lust and my religious feelings, I -live: in pain over .this, I have tears flowing, in mar living room. When Jesus 'spoke, hey lashed out at only at one kind of a person. that was the hippocrate, he did treat everyone else gently. He lashed out at the hippocrate, and I know very few heterosexual men who are without lust. And I am- with lust too, and this is my pain and ny conflict, and I say that laws should be created in the community to help people find God, and that means to end bitterness. Hippocrates shouldn't make laws, it should be people who find a heart. PAULA VOGEL, 702 E. BUFFALO ST: Paula Vogel made the following comments: I'd like to interject a note of unabashed sentimentality in this meeting, I think -lo- March 5, 1975 we are ready for it, and address you all on the subject of love rather than lust. We are human beings in this room. If we are not young now, we all were at one point, each of us has fallen in love with a man or woman or both. All I'd like to do is ask you all when you are thinking about this is recall your adolescence and remember what a positive force it was in your life when you were in love. How you felt YOU could do anything, how you felt you were going to reform society I am a product of love, my mother and father love each other very much, I think their love is sacred and I don't wish to in any way defile that sense of love, so to be true to myself I am seeking it with women, and it is as sacred to me as the love they expressed twenty-four years ago, and each of you know that. So please keep in mind other things other than lust it's that wonderful precious human gift of human -love we are all seeking for and I'm no different than the rest of 'you. MICHAEL (no last name given or address) Michael gave the following comments: I'd like to make the point that this is not just a student movement, there are many of us here in Ithaca, I for one have grown up in Ithaca and work in Ithaca, and there are many of us here in this room who are not students, and haven't been students for a long time, or don't intend to be that are contributing money to your community, ate �- working in it as functioning citizens, not just students. I also would like to bring up the point that, I'm not sure if I have a God, but if I do I'm sure he will smile tt: on me, because my God is gay and he supports me. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Charter and Ordinance Committee for consideration. AYES: 10 NAYS: 2 - Barber, Slattery Carried Mayor Conley called a recess from 8:50 to 9:00 p.m. STAN TSAPIS: Stan Tsapis made the following comments: I am here to speak as attorney for Anthony Ceracche and the application that is before you for the purpose of increasing the cable rates. There has been a lot of discussion on this subject matter already and I'm not going to rehash everything you people have heard. There has been extensive work done by the Charter and Ordinance Committee and I know that they have had a substantial input at a number of meetings they have had both pro and con, you know as I know that they made a recommendation to the Council with regard to their studies on the issue. The contract under which the Ceracche Television Corporation operates the cable franchise in the city has a couple of clauses in it, which I believe are very relevant, and because we feel that the corporation is at a crossroads with regard to its ability to perform in this community I will take two minutes and read to you those clauses I think are relevant Paragraph 10, on page 3 of the franchise provides that during the term of this franchise, the grantee shall furnish all persons desiring the service offer, and paying for the same, a wire service capable of producing as good a quality television picture signal reception as may be p2'ac;ticftble from time to time, and shall make all reasonable & practicable betterments or improvements of said service as improvements in science, that carry on of television signals shall warrant as well as the elimination of radio i,vtcrference. I respectfully submit to you, that our corporation has done ,inst that. It has been the leader in the cable franchise field, and not only in this area, not only in the state, but I believe in this country. I respectfully submit that Mr. Ceracche has continually strived to improve his system so that the system in this community is the best that can be offered. Cable Channel 2 is a primary example of the kind of service that this corporation gives, since it is not required by law, it is not a profit making organization at this point, it is a service to the community which we feel is a valuable service, which we feel actually completes the service for the community. On your part, as members of the Common Council, you also have a role to play in this franchise agreement and I would like to express that to you at this time, on page 5 subparagraph 9, reads as follows: Any increase in the maximum charges must first be approved by the Common Council. Such approval shall not be unreasonably withheld, I know that you Ieople have been struggling with your budget, I know that you have had the ravages of inflation put upon your budget, I know what the tax structure of the community is and I think you all are aware of the costs of doing business in this community or anywhere in the United States today, and those have increased very substantially. -11- The last increase voted by this Obvnell to The 9*ochise holder, was moue three years ago.. Utility rates, telephone rates, any rates that 7M oan possibly think of has increased substantially since that time. We do not want to belabor that point because the Charter and Ordinance Committee has reviewed our financial structures. However, our company is, at ,a crossroads in this community, for the first time in the history of W. Ceracchels operation, he does not feel free to do all of the things he has done the past, because of his cost structure. The increase that is being requested and the increase which has been recommended by the Charter and Ordinance Committee is conditional it is not final, it is conditional. We must again under the new system of accounting the State has required, produce before this Charter and Ordinance Committee our accounting system, that is, being imposed by the State. It is to be,presented before this new committee which is being formed to oversee this legislation and oversee this franchise which is being asked to be formed. We respectively submit at that time when we submit this additional information under this new form of accounting, the conditional rate which we are asking for tonight, will be permanently approved. Because we feel our request is justified, we feel it is fair, we do not feel you can withhold it unless you are being unreasonable. We think that .we have done everything that the franchise has called upon us to do. We would ask you to carry out your part of the agreement. Mr. Ceracche is here, ready.villing and able to answer any questions you may have, Mr. Carpenter is here., to answer any questions you might have also. JACK PYLE, CHANNEL 2: Jack Pyle made the following statement: I am speaking on behalf of Channel 2 in Ithace, which, employs seven full-time and two part-time people. We have been in operation five years now, and we feel we have provided a service to the community which is unlike any that a community of this size normally receives from a television standpoint. A service which we try very hard to improve as best we can, and a service which I would hope that the Ithaca community and the Council members are appreeiat&ng_. We cover many different types of programming, news programming, public affairs programming, sports programming, quite extensively, we even cover Common Council meetings. I would ask you that tonight when you vote yes or no for this rate increase that you will be more or less voting whether you appreciate the service from the Channel 2 standpoint, whether you appreciate the service that has been provided to you over the last four or five years. A positive vote tonight will allow us to continue to provide you with this service. By Alderman Nichols: seconded by Alderman Boothroyd RESOLVED, That Local Law No. T be lifted from the table. Carried By Alderman Nichols seconded by Alderman 0utenberger LOCAL LAW NO. 7 OF THE YEAR 1975 CITY OF ITHACA A Local Law Amending the Franchise Granted to the Ceraache Television Corporation. Be It Enacted by the Common Council of the City of.Ithaca, New York, as follows: Section I. AMMMM M TO THE FRANCHISE GRANTED.TO THE CERACCHE TELEVISION FRANCHISE. That the Cerac.che Television Corporation is permitted to increase the basic charge to residential users in the City of Ithaca from $4.50 to $5.50 per month for the period of one year from the date of final approval by the New York State Commission on Cable Television; and That said increase is granted pursuant to the employment of a uniform system of accounting for the Ceracche Television Corporation, and That the continuance of said increase will depend upon adequate indication that.the income is needed for the satisfac- tory operation of cable television aervicesin the City.of Ithaca, said indication to be furnished to the Charter and Ordinance Committee of the Common Council no 12- lratar %boa 31vt tae * Yow 000 V%*6 t 1m0 sos��f of �. 3ao�csess• wit as Clow *Ali Me a"* uk "M yrs- s# dNWW et tilt csa4a zwkUy r additional hookeps t* the pee 9*8et1bar at tDe *We ad rs" that are !a operaum as of MWA 1, 2975, Rift diltional hookups to bo btllsd at the pAes of an istiar nonthlf per additielell hookup IAW*,,alled after March 1, 1975• -_LION II. EFFECTIVE DATE. This Local Law shall take effect immediately after filing to the Office of the Secretary of State. Alderman Meyer felt teat a acre tef1nite response to the time alloted for pdbiia aeseso cable *XWWt. Mr. Ceraache stated that VUen local vriginstioa 'etas roalred by the FCC he came out with it well in adraace of the dewUlne sad it was his Intent to db Ice samie with tsilic access. CC Aldema Meyer stated that the studio is stil is a position is say yes,, no to t� Wograms. x Mr. Ceracche asked W. Pyle it grey could open lets r lie access to the facilities now fbr vne hour a week, first come, first serve bUis and cot wait until January. Mr. Pyle answered in the affirmative, Mr. Cwecche mid that stetting April 1, 19T5 we will make one hour a reek avail- albe on a first come, first serve 'basis:,' Alder►-- ecisucei asked'.,it Ca eceht mould have-► h ,b01W answering s rice.. 1 W. Cereeche said he subscribes to a doctor's answering service which is on a 24-bcar basis. Mr. Ceraeche answered that they semi people out`If the re:'is "a 24ft%* eagle problem, butt if it-is syst Qli* Das'O*W_$st or`ppoblea►, they'dDn•t-,gown weeundo, :holJ4W* or°at sight. Alditum Slattery asked if the 50 cent additional charge in a honsa Is wing -to a dollar after March lat. 1975. Mr. Ceraccht stated that only now additional installations. Alderman Slattery-further asked if a awtomer hooked up the addition themselves If they would be responsible to pay the additional 50 cents. Mr. Ceracche stated that the frBD hJ$e should be the one to put the additional splinter on the`_line because the signal strength is reduced and they usually have to increase the signal level: on the line out in the street. The charge for the additional :outldt4s $1o.00, vhiah- covers all materials and sending a man -out. Alderman Hamlin stated that he is satisfied with the cable system but he has some questions. Hw bad `some ,questions on some of the reports that he has, and that in -August they°voatld .be better'able to L raises warranti4i. The information that they have now does not indicate what profit margin Ceracche should be receiving. He would rather'not give the 'raise now and say adjust it later. It would be better to give the raise When they are certain in August exactly how much Ceracche is entitled to and increase the raise to Adjust for the past delay. ml `Alderman Hain suggested that this tie laid an the table until August when we know, Mr. Tsapis dented- that the barter' End ordinance `Comamittee "decided to give the increase if they felt that it was fair but if after we have this simplified State mandatod aceonnting system-and we feel that we did 'not do the proper thins then thervould-sdjust it at'.tbat time. Cer6cche*s profit and cost ztructbre is em h that ffiey►``need°the increase nor. Alderm& Saccucci` coaemented that a cable system of this size is bound to have prtfbleas sere terse- p�toblems' `should be solved periodically, and not Wit.-ufttil it is time-to tenegotiete a now franchise you will arrays have dies il;is f a c t i o n. Alderman Jones Velt that 'the increase is a sizable increase at the present time a_ i offered the fo3lowing amendment: -13- March 5, 1975 By Alderman Jones: seoonded by Alderman $0ronkay RESOLVED, That the main motion be amended to read that the increase be from $4.50 to $5.00 instead of $5.50• Attorney Shapiro stated that a local law has to be in final form on the ALdermen's desks seven days before passing and if you amend it you will have to lay it on the table again for a period of seven days in finial form with passage at a later date. Alderman Boothroyd first questioned the legality of such an amendment, and secondly he wanted to give Ceracche Television Corporation definite answer at this meeting. Attorney Shapiro commented that a local law cannot be amended, it has to be defeated and then a new one made up. Mayor Conley commented that he was not entertaining the amendment, we have a local law that cannot be amended. Mayor Conley said he vas doing this on the advice of legal consul. A roll call vote was taken on the main motion, which resulted as follows: AYES: 5 - Gutenberger, Boothroyd, Dennis, Nichols, Slattery NAYS: 7 - Saccucci, Jones, Meyer, Hamlin, Barber, Boronkay, Spano The motion was defeated COMMUNICATIONS FROM THE MAYOR ENVTRONMENTAL COMMISSION: Mayor Conley asked for any nominations from Council for two members, to the Environmental Commission. By Alderman Meyer: seconded by Alderman Barber RESOLVED, That Alderman Boothroyd be nominated to the Environmental Commission. By Alderman Spano: seconded by Alderman Barber RESOLVED, That Alderman Meyer be nominated to the Environmental Commission. By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the nominations be closed. Carried BICENTENNIAL COMMITTEE APPOINTMENTS: Mayor Conley appointed the following people to the Bicentennial Committee: Mr. Allen Treman Mrs. Carol Kamen Mr. Boardman Lee Dr. Gould Coleman Mrs. Florence Hoard Mr. William Schmidt Mr. and Mrs. Donald Moore Mr. Jonathan Burnstein Mr. John Ware Mr. Allen Rich Mayor Conley commented that at the next Council meeting, Council will be asked to appoint two members from Council to serve on the Bicententijal Committee. MAYOR'S BUDGET MESSAGE TO COMMN COUNCIL: Mayor Conley vent over a few important parts of his recommendations with Council. Mayor Conley remarked that he was turning his 'budget message over to the Budget and Administration Committee. (A copy of the Mayor's budget message is attached to the minute book) COMMUNICATIONS FROM THE CITY CLERK City Clerk Rundle read the following latter from the Commoais Advisory Board: Dear Mr, IRundlet Submitted herewith is a recommended Ithaca Commons Ordinance which the Commons Advisory Board has approved and submits to the Mayor and Council for consideration. Because the Commons is a unique part of the City we feel that special ground rules and regulations related to its general use should be enacted. Please note that this proposed Ordinance is to be supplemented by an Operational Manual -14- March--5.. -1275_. which will be used as a_guideline by the Advisor -Board,in--carrying out its day-to-day responsibilities as set forth by Councill.resolution in December, 1974. The manual will be presented for consideration in the near future. If there are any questions about the attached proposed Ordinance we will be glad to meet with any committee or members of Council as required. Very truly yours, Thomas Niederkorn Chairman pro tern Ithaca Commons Advisory Board By Alderman Meyer: seconded by Alderman Jones RESOLVED, That this letter be referred to the Charter and Ordinance and the Planning and Development Committees jointly. Carried CHARTER AND ORDINANCE COMMITTEE Alderman Nichols reviewed the future calendar for the Charter and Ordinance Committee. The Committee is working on the Administrative Code, an open container law, and methods of changing salaries of elected officials. HUMAN SERVICES COMMITTEE POLICE GRIEVANCE PROCEDURE: Alderman Dennis reported that the commissioners wanted to discuss the police grievance procedure as it is written and possibly change the wording. Alderman Nichols stated that one thing that'is"missing that is suggested by the Attorney for the City is a printed form which would be available at the police department on which complainants could file their grievance. PLANNING AND DEVELOPMENT COMMITTEE DEWITT PARK PLANTING PROJECT: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That additional funds be allocated to DeWitt Park project to provide a viburnum hedge along Buffalo Street and one large tree west of fountain wall in 1975. AYES: 11 NAYS: 1 - Barber Carried DEWITT PARK, A BICENTENNIAL PROJECT: By Alderman Jones: seconded by Alderman Meyer RESOLVED, That DeWitt Park be a Bicentennial project with additional plantings, benches and refuse containers and the repair of the fountain. Carried BOARDMAN HOUSE: no report URBAN RENEWAL BLOCK 203: Alderman Jones reported that the Urban Renewal Agency is requesting a public hearing for the sale of Block 203. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, That the Ithaca Urban Renewal Agency be and they are hereby authorized and directed to advertise for a public hearing to be held at 7:30 P.M. on March 19 1975, by this Common Conncil on a proposal presented by Robert Reed Colbert and Robert Colbert, Jr. for the development of Urban Renewal Block 203. r Carried SAVING & LOAN LETTER: Alderman Jones requested the City Clerk to write a letter to Mr. W. J. Kiernan regarding the property at 215 N. Aurora Street. HOU ,,.__AUTHORITY REQUEST FOR C.D. FUNDS FOR ADDITIONAL SOCIAL SERVICES: By Alderman Jones: seconded by Alderman Meyer RESOLVED, That the Housing Authority be advised by letter that Council appreciates and affirms their need for the funds but hopes that they can find the funds from some other source. Carried .:1 715- March 5, 1975 CIVIC SCULPTURES: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That Common Council establish a committee to make policy recommendations on Civic Sculptures, and that this committee be comprised of one member from the Planning Board, one member from the Board of Public Works and one member from the Common Council. Carried SCHOOL DISTRICT LAND SALE: By Alderman Jones: seconded by Alderman Boronkay iN RESOLVED, That the Attorney for the City negotiate with the Superintendent of Schools to formalize the City's right of first refusal on sale of School District land. Carried B4 SET BACKS: By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That a moratorium on building permits in B4 area of Elmira Road and Meadow Street be instituted immediately. Carried By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the Charter & Ordinance Committee proceed with the help of the Planning Department to amend the Zoning Ordinance as it relates to setbacks in the B4 zones, with all due speed. Carried FALL CREEK PARK PROJECT: By Alderman Jones: seconded by Alderman Dennis RESOLVED, That a recommendation on implementation of joint Planning Department, Youth Bureau and Board of Public Works proposal for continued development of Fall Creek Park area be referred to the Budget and Administration Committee. Carried ENVIRONMENTAL COMMISSION: Alderman Meyer commented that the Environmental Commission supports the Bicentennial Committee's Green Belt project, and offers its help. The i Commission is also investigating the possibility of swimming in Stewart Park. FALL CREEK AS A RECREATIONAL RIVER: By Alderman Meyer: seconded by Alderman Spano RESOLVED, That the Common Council support the designation of Fall Creek as a recreational river, under the provisions of the New York State Wild, Scenic and Recreational River Act. Carried BUDGET AND ADMINISTRATION COMMITTEE HUMAN SERVICES COALITION AGREEMENT: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement for services with the Human Services Coalition for an amount not to exceed $2,360, and BE IT FURTHER RESOLVED, That said agreement be reviewed in June 1975 for possible adjustment of cost. Carried DRUG COORDINATING SERVICES WITH FAMILY AND CHILDREN'S SERVICES: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That the Mayor and City Clerk be and they are hereby authorized and directed to execute an agreement for drug coordinator services with the Family and Children's Services, Inc. for an amount not to exceed $2,000, and 13E IT FURTHER RESOLVED, That said agreement be reviewed in June 1975 for possible adjustment of cost. , , Carried TAX WARRANT EXTENSION: By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That this Common Council requests the County to extend the Warrant for the collection of the 1975 State and County Taxes to June 1, 1975• Carried TRAVEL EXPENSES-CITY ENGINEER: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That expenses incurred for travel by applicants to be interviewed for the position of City Engineer be authorized, and BE_ IT FURTHER RESOLVED, That the number of applicants to be compensated for travel be limited to three. -16- March 5, 1975 TRAVEL EXPENSES-AMENDMENT TO RESOLUTION: By Alderman Dennis: seconded by Alderman Barber - ----- ---~�-- -- T RESOLVED, That the main motion be amended to read instead of that the number of applicants to be compensated for travel be limi.tcd to three, it should instead read that $1000 be allocated for this expense. AYES: 11 NAYS: 1 -.Boothroyd Carried A vote was taken on the main motion as amended which resulted as follows : AYES: 11 NAYS: 1 - Boothroyd Carried DEWITT PARK CAPITAL PROJECT: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That $1,000 be appropriated to the DeWitt Park Capital Project and the Park reserve account be reduced to $23,500 in the final 1975 budget. Carried 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 $26,537.8+ as listed on Audit Abstract #3-1975 be approved for payment. Carried Alderman Gutenberger stated that the committee will have a report on the . Budget at the next meeting. I07RGOVERNMENTAL RELATIONS COMMITTEE T^;' =?E CONTRACT: Alderman Slattery .reported that he has written' to the Town Board to have a meeting in regard to the fire contract and he has not had any reply. Alderman Slattery stated that the City is providing service on a contract that has not Lein signed. Mwyo.r Conley ccazicnted that he had talked to Supervisor Welter. Schwan and tI:_e, Town intends to pay the Ci-6y and will make every effort to draw up a contract in the near future. OLD BUSINESS M^_(`..NIELS _PARK_: Alderman Slattery brought up Mac Daniels Park project and that the prc,;: ct should be finished and that. this be made a priority. Alderman Gutenberger requested that this matter be referred to the Superintendent and the Board of Public Works for a report at the next meeting. _TI. CAN . (U.S. Naval Reserve Facility) : Alderman Boothroyd requested a report on the fi -are use of the City owned Tin Can be given to Council at the next regular meeting. Mayor Conley commented that he would like to get the purchase of the land out of the way before they decide what they are going to do with it. Alderman Boothroyd asked that it be put in the record that as soon as the Tin Can has been purchase that it be put into the proper committee to determine the use and report back to Council. LETTERS OF APPRECIATION: Alderman Nichols requested Mayor Conley to write letters to ?rof. Davidson, Chairman of the Graduate School of Business and Public Administration at Cornell and Dean Theodore Baker of Ithaca College thanking them for their contributions of material and time made by Prof. Flash and Prof. McCall and their students on behalf of our Administrative Code. GRAVES PROPERTY: Attorney Shapiro reported that he was directed by Council to purchase the Graves Property contingent on the County's expungement of taxes. He said he has not received any official notification from County. -17- _.__ _ = March 5, 1975 NEW BUSINESS DRAINAGE ON MEADOW STREET: Aldermamr $a,rber wanted the Council to get in touch with State DOT about the drainage,-problem on Meadow Street. This has been an annual problem every time it rains or when the snow melts. Mayor Conley remarked that both he and the Department of Public Works have written to the DOT, but the problem is drainage in that area. Mayor Conley agreed to write a letter to DOT. REZONING 100 WEST BUFFALO STREET: Alderman Boronkay stated that a constituent on 4 100 W. Buffalo Street, Thomas Jones, has a problem. When the last zoning map was published, a mistake was made on the zoning of his property. By Alderman Boronkay: seconded by Alderman Dennis RESOLVED, That this matter be referred to the Charter & Ordinance Committee. Carried NEW LOCAL LAW NO. 8: Alderman Boronkay proposed new Local Law No. 8. By Alderman Boronkay: seconded by Alderman Barber SECTION 1. Amendment to the franchise granted to the Ceracche Television Franchise. That the Ceracchi Television Corporation is permitted to increase the basic charge to residential users in the City of Ithaca from $4.50 to $5.00 per month for the period of one year from the date of final approval by the New York State Commission on cable television, and that said increase be granted pursuant to employment of a uniform system of accounting in Ceracche Television Corporation. Alderman Boronkay stated that he would like to have the rest datedthe same, he then asked the City Attorney if he should read it. Attorney Shapiro stated be as it is the same local law that was voted on before with the exception of a change of a dollar to fifty cents. Alderman Boronkay stated, right and also the due date from March 1, 1975, to April 1, 1975, and he would like that to set on the table. Mayor Conley stated that as a prerogative of the chair he was getting the first shot at the discussion of this one. Mayor Conley said tonight is one of the first times that I've seen the politics being played on, at the Council level in this fashion. Here is a resolution that is written out and typed out, was not taken to the committee chairman. The committee has a unanimous recommendation of making a recommendation to this Council. Now we get a surprise at the Council meeting after public hearings, after much discussion much expense to the applicants of going through this whole rigorous ridiculous process that this Council set up and ask for information, and got and worked with it and had every opportunity to deal with. Then to sit there and to came up with a typed up resolution. Alderman Boronkay interrupted to say that this resolution is the same as Alderman Nichols had; it is the same one that was given to us; it is not a new resolution. Alderman Nichols stated that as an additional addition I feel that this was a total vote of no confidence in this committee and I feel that every member of Charter and Ordinance Committee should resign and I will lead the resignations, and I hereby offer my resignation. Mayor Conley said he really feels that if everybody is talking about preserving the committee system and we are going to deal in this matter he would rather deal as a committee as a whole have the whole Council meet: on every issue and hamper them out on the Council floor if they are going to be doing this. Mayor Conley said he doesn't think that we can tolerate that type of thing. Alderman Boronkay stated that he wanted to make an amendment at the time and it wasn't allowed. -18- March 5, 1475 Mayor Conley commented you've got a motion on the floor and you'-Ye got a second now it's open for discussion, now go ahead Councilmen, go at it. I am also offering an opportunity for Ceracche and his representatives to get into this discussion and we owe them that prerogative. Attorney Stan Tsapis commented that, first off I feel like I owe the Council an apology for the crack I made. Alderman Hamlin stated, I do too, you changed my vote very quickly. Attorney Tsapis commented, I didn't sir, you'd already made your vote sir. In good spirit I came and I apologized, you can accept it sir or reject it, that's your prerogative. Alderman Hamlin stated, you get up and say that if you don't vote with me you're being politically expedient, you changed 'W vote. Attorney Tsapis stated that that's.'fine sir, that's your prerogative and if that's what did it, then that's what did it. That's all I can say, I apolagize for tjt,'crack I made as I walked out and you can accept it or reject it I can't handle that. With regard to this situation he spoke with the Attorney for the City for just a moment and he's indicated to me that if in any event if one of the persons who voted against this resolution originally or this- local law originally would ask that it be restored Q to the floor, it could be restored to the floor and revoted on. A lot of hours went into this Mr. Hamlin and members of the Council from all points of view. We respect- fully submit'that the consideration given here, maybe we should of come here making the kinds of threat4 that you've dic 4ttd to us by your course of'aetion. For instance, Mr. Ceracche has announced that he cannot continue Channel 2 any longer and we didn't come here threatening to cut off Channel,2 because- wee ,hoped that it did not have to be. Thee access channel will- not be instituted until the very last minute and if we have to buy new equipment for it we may have to, there is no choice Nancy, what, are you asking him to do? There are a dozen jobs that are going to be lost. We would only ask that one of you persons who voted against it would really think about it and if it is really in your hearts and in your minds it's a possibility that you can reconsider this. The fifty cents can be reduced, you can at the August meeting when the new form is filed if it seems that fifty cents is all this corporation is entitled to then you can say for five months that you receive no benefits that you receive no additional amounts so that you can make up the fifty cents for the five months that they have been paying it and there after increase it to fifty cents. That's a possibility. Mr. Ceracche stated that even if the increase were granted this evening there is going to be a lengthy period before the New York State Cable Commission gives us the approval before we do what's necessary to incorporate the rate increase, the computer billing that has to be done, the new coupon books and so forth; there is a very substantial period of time that's going to expire. This was a conditional approval that we were getting. It wasn't a permanent approval, it was going to be reviewed with the idea that if it wasn't warranted you could take it all away, you aan reduce our $4. 50 rate as far as I'm concerned, if you feel it is unwarranted at a later date. Alderman Gutenberger commented, I wasn't going to say anything but since it's on the floor again. The two years that I've served on this Council, I think we've argued and I've been mad and I've disagreed but I've never been ashamed of this Council, tonight I am ashamed to be a member of this Council. I am dead serious that for anybody, in good faith or whatever to have suggest that fifty cents reduction in a unanimous committee recommendation is nothing but a cop-out. It is to'make ourselves look good. Alderman Boothroyd commented that 'he would like to say in regard to 11r. Hamlin's objection to voting for this particular referen4un that Mr. Hamlin has the best interest of the tax payers at heart and if Mr. Hamlin, 4i. really interested in the tax payers then he would have seen that he understood those ftuancial statements and he would have gone to those committee meetings. Alderman Hamlin remarked that he would like to say that he `spoke earlier this evening on this thing and expressed the thought that, to me, it was not based on a proper "6 determine what profit margin should be given to Ceracche Television.' I also e Vt that time that I thought that Ceracche`-Television was entitled to an increase. i -19- March 5, 1975 But I do feel too, that the people of the City of Ithaca also have some rights in this thing. When I am not sure that that profit margin is correct I think I quite legitimately can question it and I ion't need it rammed down my throat and I don't need the implied remarks made here tonight, that if I didn't do something it would be politically expedient; I don't like that at all. Now, I am perfectly willing and have been from the start, to award to Ceracche Television a proper and sufficient profit margin for his service. I do think, and I have thought all along, that it is a' great service and an excellent service. But I think that tonight there has been more said because of the disappointment here then should have been said and I agree Mr. Ggtenberger that I am ashamed of the Council too. Alderman Meyer commented that she thought that it has been a serious unfortunatq situation and I also agree that they deserve a just increase. I also think that Mr. Ceracche has been agreeable tonight particularly to agree to the open access, which I felt right from the start should be one of the things which should have been Dandled with more consideration. I think it was slighted and it was abused. Secondly, 'I felt, I did go to committee meetings, I felt that certain issues were not $ealt ;with at the committee level. When certain things were said of such they were slighted, issues were slighted. I don't want to go into the details of this. I also felt, I was very offended when I received in the mail the other day, it included the statement by Mr. Fish. I do not think that Mr. Fish's position in this had nearly the significance or the importance or the relevance that Mr. McNeil's questions had, I felt that I was trying to be persuaded by the letter from them I think that was 'an unfortunate mistake. In other words, I think there has been a comedy of mistakes and I think that it is clear tonight that no one is objecting to a rate increase. l don't think the rate increase is the issue at all. I think the process of `t_he rate increase is what we are trying to talk about. Whether we give a dollar now, or= whether we give fifty cents now and fifty cents later, the fifty cents rate°is possibly being, just that other obligation that we have and I think if we could speak to the issue of what we are about rather than throwing names back and forth. We would .-feel much better about the situation. Alderman Spano spoke: Mr. Mayor, I voted against it and does that mean that I am doing a lousy job or that the people that voted didn't know what they were`doins. Mayor Conley spoke that, no, you do not serve on the committee, you've sat there, you've expressed your vote tonight. Alderman Spano went on to say, is it wrong to vote against something. Mayor Conley said, I don't think it is, I don't think it is at all. Alderman Spano said, everybody is implying that we've done a lousy job. Mayor Conley said that I'm only implying that the committee system has failed. That the committee system coming in with a unanimous vote and three members of the committee voted against it on the floor of Council. I just don't think that that serves the committee system of Common Council. I don't think it does any justice, and to Qome out with a surprise that way, I think, is unfair to the Chairman and I don't blame the Chairman for being pretty dang upset about it. I don't think in the committee system, you are supposed to work those things out. The committee certainly``had an opportunity to ask of Mr. Wiggins or Mr. Ceracche of any information they felt they needed, they got everything they asked for, they bathed it in the public , they bathed in the press, they had open committee meetings, they did every possible conceivable think they could possibly do and the indication was that they were coming in for the rate increase. I think that does not speak well for the committee system. That's what I'm upset about, is the way the committee functions. Alderman Spano stated that we caucused last night and we come out of the coap*ttee meeting voting the way we did, now what's wrong in that. Mayor Conley said that I don't say there's anything wrong with it, but I'm Slad' you said it. You've come out of caucus with those votes. I would never have sajd 'that. Alderman Boothroyd stated, just a brief comment on what Alderman Meyer had to say. I am not throwing rocks at either one of our institutions because we don't run this thing as a debating society down here. We are supposed to come to decisions. This thing has been going on since November, if you don't have enough information, it's your own fault. -20-- March 5 2 19?5 9pUe3r said, is there any--thing else that needs to be said. I am not hearing frcm a*4k c'Ur who wishes to, who voted In the majorIV to put it back on the floor. Y do wall* to say though, that cable Channel 2 is now not in existence and he has indicated that and I think, tUt we'll have to wait and see what your constituents feel about it. I'm certainly not arguing against anybody tA)r. a a position. I am only upset about the way that position was arrived at. That is not fair for playing straight with the Council, the Mayor, or the system. Mr. Ceracche said, this even& g I mentioned the fact that within a year there will be six additional channels available to people. I also stated, I wasn't going to say it, it was something that I have reserved to state afterwards which would show some of the future improvements that people in the community were going to get as far as C sble tv was concerned, and that is something that they don't have in these other places. We will have an 18 channel system. I can't proceed in that direction now. It's jsut impossible. I had to tell our boys tonight that they had no job. Mayor Conley asked if there were anything else or any other reason to keep this meeting going. �* Alderman Boronkay stated that there w4s a motion on the floor. CC tr Alderman Slattery asked to hear the motion. C Alderman Boronkay read the motion over again. Alderman Meyer asked to offer a friendly amendment to the resolution and that is that it be raised to a dollar. Alderman Slattery commented that Alderman Meyer is bringing back the original local law. Alderman Slattery stated that;` the thing that bothers me about this, after. many months of consideration by the Charter and Ordinance Committee it was a unanious decision to raise it to a dollar and now we've all changed our mainds, or some of us have. Alderman Nichols stated ' last Monday night when I said should I Aithdraw' it and not one person, not one, said withdraw it. A cVrman Gutenberger said, do you know what's happening here. A committee recommendation !toted X.11"ittee down but these people are right now ready to pass on a'local law with no recommendation, and that makes a lot of sense. ,;U erman SlAttery said, and to bring up profit margin at this late date is ridiculous. X dorPt, that had any bearing or should have any bearing on the rate increase It's what his overhead costs are, what services he's providing this community. I could care less if he makes that profit. I admire him for making a profit, I think he should make a profit, he wouldn't be in business if he wasn't. Mayor Conley said, that's the same old thing. The Journal had two rate hikes in the last year and outside of a few mumbles and grumbles and the threats of cancelling subscriptions and the newspaper boys take it in the head. That was the responsibility of this Council, is to make those determinations. I don't mind them saying no, if they, feel it's unwarranted. But that's not what I am getting here tonight. I don't even think the whole issue of open channel cable television is something that should be part of the decision. The decision was the question was, is he entitled to, does he have increase cost, is he entitled to a rate increase. That was the question that was the recommendation. He has previously stated and it wasn't just tonight, I heard him state earlier that he would open that open access channel. He said that months ago, if anybody would sit and pay attention to people when they talk and listen to What they say. Alderman Slattery asked if reconsideration of the original local law .;S: OA O*Her. Mayor Conley stated only from someone who voted in the majority. A3dws" Slattery said, rocwaido:ation of the original locsl low vould be in order if a voting member of the majority, anybody who voted no and I would ask Alderman: Meyer to do that. -21- March 5, 1975 Alderman Meyer stated _ "eel that I would like to make this comment before I am put in this position. I d.a t1%j-Qk_1bst open access is part of the issue. It is part of the issue because it has to do with the relationsbi'R of services rendered for money given. I find that the fact that this has been, slighted.ate�cverlooked and you don't think it has because he has to do it anyway. The feet that he has to do it anyway is irrelevant, because that's part of the states demands. Mayor Conley said, put it in a resolution if you don't trust the mans word. Alderman Meyer, said, I ask at every committee meeting that this be included as a part of that rate increase, because I felt that this was an important catk.Aeration for a great number of people in this community. I found myself in the position of having to ask agitlk tonight and then Mr. Ceracche finally, he had said yes in other ways before sMI"Ithen he asked Jack Pyle tonight and Jack said well yes maybe we could find out. Mr. Ceracche said he promised it tonight effective April 1st. I can no longer meet that promise based. on what's happened here. Alderman Slattery said, Mr. Ceracche gave the committee every assurance that that would be implemented just as soon as it was physically possible to do so. Mr. Ceracche said, I have always kept my wor3 in the last 23 years haven't I. Alderman Meyer stated that it is no distrust of you, I am not saying that.,,-P M saying that these are the kinds of considerations that have to be taken serI64iy. Alderman $oothroyd commented it is obvious to me that we are, if we� are not already, there are at a rather emotional state on this issue. I don't like in any way to see this d anymore, Mr. Ceracche or Mr. Tsapis, but I think it would be pest if we coul-d" y ave the vote open for somebody to change their mind if they want' to. If that is legally possible, Mr. City Attorney, that we sleep on this for a few days. That would be my suggestion. Now look, my reasoning is this, I don't want the people on Council to feel that they have been pushed into a position that they don'--t think is reasonable, I don't want the public to think that we've been pushed into a ' fti.tion that is unreasonable. I just think that the emotions are running too high, That we are getting into areas that we really shouldn't be getting into when we are taking to each other, if we haven't already. It is just my experience that these kited of things are better decided in a more rational light, like when you start drinking the coffee the next day perhaps. Alderman Meyer asked, if I bring it up as a motion to bring it back on the noble and it's tabled, I guess I have to talk about this as a process, til let's say tomorrott '.I. The original motion would be tabled. Mayor Conley asked her if there was information that Mr. Ceracche has that you don't now have s Alderman Meyer asked, am I to assume that I am the only one to reconsider this. Mr. Ceracche asked if the seven that voted no had any questions to ask, because I'm here to answer them. Do you feel that it's not warranted, there's no' need for it. It was conditional, it wasn't a definite prominent finality. AlOO ftan Barber commented that the st at ement they sent to us which we all got when he looked- over the expenses. I changed my mind for the simple reason that $300,000 plus miscellaneous expenses more then all the rest expenses with no explanation. Mr. Ceracche stated, I'm sorry you didn't ask for it. Our accountant was here this evening to answer those kind of questions. Alderman Barber asked, why did you put it in miscellaneous, what are you trying to hide. Mr. Ceracche said, our books are going to be open at all times from here on out including in the near future. -22- March 5, 19T5 Mayor Conley Commented that he has hired an attorney-anti.-aoaountant to be at all the meetings, they were here at all the public hearings, they were hex%w-4�� - tonight* and announced tonight that his accountant was sitting right behind Vu. You could have asked any questions you Wanted to ask. Mr. Ceracche said, lower the rate at a later date if you find it unfit. Lower it below the $4.50 if the $4.50 is deemed too high but don't put us.in a position where we can't provide this community with the kind of service they have been receiving. I have to go back now and do the opposite, undo what I have been trying to do in all these years. That is the directive I've been given here this evening. Jack Pyle commented, I appreciate Mr. Boothroyd's position, logically speaking. Emotions are very high here right now. But I am going to speak from a very selfish point because I'm unemployed right now and so are eight other people at Channel 2. If you reconsider this at a later date, tomorrow, next week, next month what are we supposed to do. 'Those os us who have families; etc. what are we supposed to do in the interim period. Those of us who want to provide a service for you. I'd ask from a very selfish standpoint_ that one of you who voted no reconsider that. CL Alderman Meyer said, I just want it clear that some things ought to be taken more t1^ seriously then they have been and don't feel that they have been taken serious. I ask x again, I respect what Alderman Boothroyd said, emotions are very high and that's why I ask if it's possible to have process where the defeated motion brought up for reconsider- ation but we don't vote on it tonight we vote on it tomorrow. Jack Pyle commented, okay, I've got a show to tape tomorrow morning what do I tell the people involved in that come down and tape it, come down and don't tape it. Mr. Hamlin asked Mr. Ceracche, Mr. Tsapis said that 50 cents was completely unacceptable. The question here is not whether a raise is warranted but the question is what raise is deserved. What is acceptable less than a dollar. Mr. Ceracche commented, first of all, most cable system will have one rate for the whole area that they provide service in. In the case of Ithaca, I felt it was not just for the city residents to have to pay the same as the people pay outside the city. Because we do have more subscribers, more density in the city. So we have had a differential of fifty cents a month. To change that differential to maybe a dollar differential between the city and outside the City, I think it is just unfair to the other users in Tompkins County. Why should they have to pay a dollar more than the City. Fifty cents I consider reasonable. There again, in these out lying areas they have agreed to pay.this $6.00 rate and there again what rate are we asking for here in the City. We are asking for a rate that's been in existence in Cortland, New York, for five years. Now they are in the process of asking for an increase over and above that. It is certainly reasonable. Maybe they can show more expenses the wayy4 they, manage and operate their system. But they don't provide the local origination chan&� that we have here in Ithaca, yet they charge more money for their service. Shoup=I attempt to run this business in the most efficient manner that I know how and provide the maximum amount of service and do what I stated this evening that I was doing like, you can push six buttons on yotrhome box office converter within a year and get six additional channels. Put this access channel into existence April 1, 1975, aren't I doing what you would want a cable system to do. How many of these systems are locally owned and operated. The Cortland system is owned by.a company in Texas, a very large firm. The Corning system is owned by New Channels which is New House up in Syracuse, they also recently bought the Binghamton cable system that was originally owned by the television station there. The Elmira system is opened by another big firm, Teleprompter. This i5 one of the few remaining locally owned and operated services left of any size in the country. It is being rur. by somebody that cares what people get. I don't have to put additional channels on, I'm not going to be able to charge more for those channels. I'm doing it because I'm trying to provide the maximum service so that when I talk to other associates in this business, I can tell them what we've got here. They've all told me that this service here is tremendous and so have many other people that have come to other cable areas that have come to Ithaca, and when they get on the cable they rave about what they get. Getting back to your question, I think the fact that our dollar increase is contingent on our cost. You can come back to me and tell me I'm making too much money and reduce it. But you had a public hearing, the committee approved it in full, it is contingent on what kind of earnings we show. Council recessed for five minutes at 11:30 p.m. Council reconvened at 11:40 p.m. -23- March- 5, 197 5 Mayor Conley requested to first have the ,Attorney for the City give a ruling, Ve also have a resolution on the floor. Attorney Shapiro commented in answer to the question of- whether or not the.local law can be reconsidered, two local laws with respect to Ceracche rate' increase, yes; it cadbe reconsidered by Council tonight. It will take -a majority vote to reconsider it, which is necessary anyway because if it wasn't a majority vote to reconsider it obviously there wouldn't be a majority vote to pass it. It can be reconsidered tonight. Mayor Conley said, we have a resolution on the floor that we have to do one of two things we have to dispense with it or retract it or vote on it. Alderman Boronkay withdrew his motion for Local Law No. 8. Alderman Barber withdrew his second to the motion. Alderman Jones asked, if it possible at the present time to review the sta4, 4w accounting system procedures as it relates to Mr. Ceracche television procedure. Is it passible that in August of 1975 this information will be available to the Councilmen,._Is it possible that when the new accounting system goes in has figures that Mr. Ceracche can produce for us. Attorney Shapiro stated that that is his understanding. If your question relates to the possible ambiguity that Alderman Boronkay just raised. It is the intent of that Local Law, when we talk about the July 31st date we are talking about 1975, roughly four or five months -from now. Depending upon how you read those two paragraphs there might be an ambiguity. Attorney Tsapis stated, as soon as that is completed and I believe that the deadline is July 31, 1975, they will be submitted to your Council when we so represent. Alderman Boronkay asked, in the meantime would Mr. Ceracche get these new booklets all made up or what would he do in that time. Mr. Tsapis said, as he telis me now, it's going to take, if you approve it tonight it would very likely take a couple months because he has to get state aprroval also. That he estimates will take a couple of months. We are ta7k g about a couple of months from now, we don't know but it will probably be two or three months. That means that we would be out or near that time and I assume he would make no changes until after all that has been done. He probably will have all the booklets printed saying a dollar but that's his expense if it has to be changed, that's his. problem and not yours. By that I mean that at the time you reconsider this you felt that a fifty cent rate would be justified and not a dollar rate then it is his problem to change the books and not yours. Alderman Hamlin remarked that this local law says that it will be a contract for a year from the date of approval, how can be reconsider it on July 31st. Attorney Tsapis remarked as he understands it, it is conditional on his being able to justify it under this new accounting system. Alderman Hamlin said that you are saying that it can be reconsidered on July 31st. Mr. Ceracche stated that we agreed to that at that time. Alderman Meyer said she will bring it up for reconsideration but before that I would like to present another resolution as a contract formality. ONE HOUR PUBLIC ACCESS ON CHANNEL 2: By Alderman Meyer: seconded by Alderman Boothroyd., RESOLVED, That this Common Council request the Ceracche Television Cable Service to provide on Channel 2 one hour of public access every week. Carried RESQ TO RECONSIDERING LOCAL LAW NO. 7: By Alderman Meyer: seconded by Alderman Gutenberger RESOLVED, That the Local Law No. 7 be reconsidered. AYES: (9)NAYS: (3)..- SFano, Barber, Saccuc ci Carried zz3 -24- March 5, 1975 Attorney Shapiro_ stated that the-date in the local law, July 31, is for the year 1975. LOCAL LAW NO. 7: A roll call vote was taken.-on the Local Law No. 7 as reconsidered as follows: AYES: (7) - Slattery, Boronkay, Meyer, Dennis, NichnTs, Boothmyd, Gutenberger :JAYS: (5) - Saecucci, Hamlin, Barber, Spano, Jones Carried The meeting was adjourned at 11:55 P.m. X0 J-111", Jose h A. Rundle, City Clerk Edward J , onley, Mayo 3 COITION COUNCIL PROCEEDINGS City of Ithaca, N.Y. Special meting 7:30 P.M. March 19. 1975'' PRESENT: 7.5yor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Dennis, Outenberger, Hamlin, Jones, Hever, Nichols, Saccucci , Slattery, Spano OTHERS PRESENT: Controller: - .Daley Supt. of Public Works - Dingman City Chamberlain -,'t1eight Youth Bureau Director-Coordinator- Cutia Asst. to'the'Supt.; of P.t. = 136wgherty Attorney for 'the City - Shapiro , Dep. Building ,Comm. i - Jones Police Chief - Herson Fire Chief - Heaver City Clerk - Rundle Planning Director - Van Cort flayor Conley led the meeting in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS Public Hearing - Urban Renewal Block 203 By Alderman, Slattery: seconded by Alderman Jones RESOLVED, That the PubiicAearing on Urban Renewal Block 203 be opened. Carried Robert R.` Colbert' Jr. appeared before Council and made the following statements: Tonight vie hope to realize the product of rm rly a year's work by the Urban Renewal Agency, City officials and my family. We were named the preferred sponsors January 10, 1974 for the development of an Office Building on UR Block 203. The plaii for development was approved March 4th of this year by the Urban Renewal Agency. This evening is the second time we have appeared before the Common Council at a Public Hearing to request the sale of Urban Renewal lands for development. The first occasion was for the addition to the First National Bank which has recently been completed in accordance with the approved Urban Renewal Plans. With over 30 years' background in Real Estate, we have diligently pursued the development of this block to obtain the highest and best use and to produce the maximum asr-sed valuation with economically feasible tenancy. We are happy to announce that we have signed a 25 year lease mrith the New York Telephone Company for a Business office which will serve over 26,000 customers at this central location. The cost of the•'project-building and land improvements will,,be approximately $600,000. When the building is, complete with all tenant improvements, the building cost is estimated to meet or exseed. $800,000. We highly recommend this project t6 they City of Ithaca to guarantee the generation of ' customer traffic into the Downtown Busines,"District. From opening day.' this facility will service 26,000 customers and will easily double over the term of this lease. The introduction of a "Phone Center" concept at this Business office will provide an incentive to Telephone customers to transact their business in person at this location. Representatives of flew York Telephone, are present this evening to further describe this 'new ideal in telephone marketing. We are aware that the land cost is approximately $95..000 per acre, and' that such a key facility could be located on a suburban throughfare where the land cost would nct exceed $20,000 per acre. However, as Ithacans since the nineteen thirties, we are devoted to the renewal of the Central Business District, and to the reversal of the trend t9wards outside development. -2- March 19, 1975 We have substantial Real Estate holdings within tow City.and the County. Our purpose in this development is to strengthen the City of Ithaca as the center of trade and government. The plot plans and elevations of the proposed development are exhibited in front of me, and I will be happy to answer any questions you may have at the conclusion of my remarks. For a statistical summary of this project I give you the following: 1 Land Area t 30,000 square feet 2 Land Cost $72,500 or approximately $95,000 per acre 3 Building Area 14,000 square feet 4 NYT Leased Area 8,000 square feet 5 Estimated Construction Cost $800,000 (at full oceapAncy) 6 Off-street parking 40 cars 7 Structural composition of building. All masonary and steel design to meet tho 8,yeir specifications, of New York Telephone with emphasis on Conservationr !�', rg , including 14" -thick insuTtted �... walls, insulated roof and Thermopane-Vi tl�-44 security plate glass windows. 8 Site development features: c^ A - Brick paver and landscaped plaza arad de§i n d to harmonize with the COMMons, including feature lighting and benck t'p l*hg B - Black topped parking areas which will '�e illy curbed. C - Site designed for drive-up facilities slew York Telephone and other tenants. As estimated in our original roposal , the tot l 6o of this development will be $300 000♦- • An office build�ng represents th U t "e of this land as determined by t9e various local agencies. This project will. provide the highest quality of`06 pale available, in the County, and will continue to attract the finest of Compan'i'es into the downtown. With your approval tonight, Downtown Ithaca will have Fulfilled it's Urban Renewal commitment to insure a bright future for a strong Central $dsini+ss District I respectfully recommend this project for your approval. @sir. James i]. Kelly, New York Telephone Co. Mr. James M. Kelly stated that before he 'discussed the concept of a phone center,, he would like to plug a little about our need. The N.Y. Telephone Oo, business office has been at 208 E. Buffalo St► since 19561 it can no longer meet our needs, nor the future requirements of our customers. A new facility is necessary downtown to adequately provide for the business office requirement of our customers in your community. We're so satisfied with the site and location, that our company has selected for. a prototype of business office. n addition to an expanded business office to meet the needs I mentioned earlier, we are going to incorporate a business service center operation in this facility and a phone center. fir. Kelly then introduced Mr. George Millard to speak on the business service center. Mr. George Millard, N.Y. Telephone Co. Kr. George Millard commented that he only had a few words to say, but it is about the business service center. To provide a level of service to match the demands of the ever-growing Ithaca needs, business needs. We are going to establish at this parti- cular building, the new telephone building, a business service center. As Mr. Kelly has mentioned, this will be the first. The center will offer the visiting business customer the quality and speed of service he desires at one stop type of operation, in other words, he will get his needs satisfied. Next to the business trained sales representatives that normally do work in these offices, we will have highly skilled sales personnel, that will have a high degree of expertise with regards to business services themselves. The business serviceman or with his needs will be able to get his questions answered and his service satisfied right off the bat , ;rather than have to take a call back, or have a salesman come to his location. Pretty much, that is the way this particular concept will work as far as the business service center goes. Mr. James Kelly spoke on the phone center. It is designed - to give our residential customers an opportunity to shop in an attractive display area, you might refer to part of it as a telephone store. But, in &"ttW" to ebta4nif►g-the sue, -the customer will be able to send it in or for the entire service. Here they -will select styles, colors and services`and. thon be able to sit down with a service reptresentattve and complete the order- for telephone service, which they can then carry 4me -in a cog* vgnient shopping day. What are the benefits? It provides the oppQrUo ty to better evaluate service ch.,icos, and to understand them more clearly. We-fee r$he :custo�ers will respond enthusiastically to the opportunity to come and select-tho r"phones,'to t it their needs and,their own decor. The service also provides" n¢Yr� #he_approval of the P.C.C. , for a k4uce4`1ervice connection charge. If you donf;'etbe phoneueenter the service connection charge will be $15.00, if you do use the faci3444 s•-of the�z' phone center, the -service.connection charge will be $9.00; that is`V' 1QSravings_. Ultimately, the cus-taper"Gan avoid the rigid appointment procedure,.►i the won't have to wait for aA»ifistaller to connect up his service. Also, if,.tho.,;oustemer has on obvious service: troblem with the set, he can also drop that off at kb;*-service center and it will repaired while he is shopping or at work. There ate other sav#ags, a customer making a move from one dwelling"to �another, will tike his set from�tbe-present dwelling, into the phone center for :&_.five-.0o�.1lar credit U wards his servicelr, He_ con also obtain a savings on the new serv4c#, IV*U-new dlling� x tl ft feel that the er is important to our busint�ess and other busdnes in the community. We fee that what we are proposing will attract many .W;our r�ustomers. The present walk-i6 'V e: of business, at the present business office ar**a9es roughly 1;000 customers a mo , We feel that this will grow perhaps as .high4s ' . 00• In summary, we and 'then_ community :need a new business office, your sit* at the corner of State and Aurora i' the best site for this business, the site p v odes tine telephone company, with the emphasis to plan for new dimensions in communita oA services. ' with the provision pf'the first combined business service Center". #,­center. D Alvin Khepper, 100 Fairview Square [ Alvin Knepper commented that evetyone mighHaet der why he ,is thore +ith. this object. Dr. Knepper Wd the acorn for this ct was OlAhted7tbW t iMb�`ago,: with the discussion;-he had 'with Bob Colbert, a wo�i�d be only.04g0o th#t he would cane forth and speak for it. Why should you give the green light to.f$ob�Xotbert 4velopers? I saw all. the drawings on this and I think it is a esthw- ,-beautiful building, which tips fn with the downtown development and I have stwi he plans and was very please4 with what I saw. Bob Colbert is a local deve r'whp=loves the Getty, is a highly"rstpected and trusted person, who has also sere ercopunity as Commissioner onif�he, Board of Public Works, and therefore he u"4 W& problems f Ithaca, and will �bo ld accordingly. The building comes at theUil1.end of a shopping istrict, which is:,,Rottjdeal for shops. As people naturally do not walk' inrthat-type of an area, its teoint-as_ the N.Y. Telephone Co. , with a 25 year lease; the company ikt present, serviceiAs'the gentlemen say, 12,000 customers, wM'!oh will probably grow to 24,000 in-tbe future. As it will bring into the area ; , equipment and techniques. It',,"loys``30 people, which will increase as the-incase:=in customers takes place. I p1#yed-around with some figures, as to the value, of roperty; the 80% value of Propert .value assessment, and the anticipated 60 at` and they came out with a figure of $38,000 in taxes, which will go on the .ta►x s::bf the city. Ibis does not incl the sales taxes, which will also be considerO.U-i; - Accordin9 t one telephone utal, that I talked to this afternoon, he sa y#f we' don't e0tabl i sh at that 4pti , which suits our purposes very well, �rew•w#i1+haVIP to re- tpcate to a suburp Tare# not in the city. Now this means as you.can *#14 fronn,-what t"'`Just said, at a-, remendous loss to real estate value, sales,, ft to. our .city will go wer Now the Mali is a reality, and we can_,_ ee"tills:'deve- pment acting as a.,_nstgnet bringing people to our Mall and enhancin °thi"+downtown velopment, as t","stommer traffic to the N.Y. Telephone Co. wilTV, iness tor our businesses, to-the area and on the Mall. If there is amplee°pa1r pg.-An the area, which would-glso*d 'to the development, plus an increase i se'of the parking garages, whfichs more income to the city. As a side suggest -.to you, Mr. Mayor;a<a d to the Chamber of Commerce, that if you get EG toy• build a service butWing at the other end of the Hall, this could 3 Z the.,Mall also, and became .a�10- way magnet of people to the Mall popul at's—', +a i these tw6 1*gnets at each end of the gall, would encourage business to locate on# fie Mall 'and I mean real good kb sses. There are many other things I could°pntron'tw but T don't want to takes time. With your minds eye, Mr. Mayor, and,`-Werman, I'm. sure you can see that"the Colbert pro3ect makes alot of sense anC shoiaAA­bc given strong encouragement. 1 paraphrase a phrase I often use, where the.mr- ol" no vision, the people in the- ctty and the 11,q11 will perish. 'i -4- March 19, 1975 Mr. Jim Stevens, UTK0 Mr—Jim Stevens, from WTKO said that first as an officer of a bu,5_ ness in the City of Ithaca, in UTKO; we .are committed to the idea of'a developed downtown, this I think was evident when we moved our facilities, about a year ago, to a building on 14. Aurora St. . We are in favor of this project as business people, simply because , we are committed to the idea of a developed downtown. Secondly, as a homeowner in the City of Ithaca, I am in favor of the project, because I think it will add' to the tax rolls, which I think is an important factor at this point. If we are to wait possibly and deny Hr. Colbert this development in favor of another project, that might be larger or bigger, there is no guarantee that project may come along. The time I have spent in Ithaca, is a period where there has been alot of holes, alot of undeveloped property, alot of parking lots. In the last couple of years I have been very impressed, very much in favor of developments that have taken place, especially the Hall , it is a wonderful idea, it is revitalizing downtown. I think that instead . of waiting for something better to come along, which is a gamble, I think this project should be given the okay. For those two reasons, as a business person and also as a homeowner that lives in the City of Ithaca, I'm yin favor of'the Project. C*' Hrs. AgdJ Osborn, Commons Advisory Board V firs. Agda Qgborn, commented that she was speaking un-officially for our downtown Commons Advisory Board, Tom Pdiederkorn had hoped to be here, but he couldn't be, so I want to d make a remark or two about this. We have contacted as many as possible. of our Board, and feel that this is a very constructive thing for our community and that we should follow thro0gh with this. The Board is particularly interested in the full develop- ment of downtown Ithaca. We feel this will fill up a triangle that has been empty for a long time, with the proper person, the proper company and that whoever moves in there or what moves in there, is of tremendous importance to us. Vle have here a top flight, A-1 company that has been downtown, that wants to stay downtown and wants to stay downtown for a good long time. They will have a beautiful store, they will attract alot of people here, we feel that the design is in keeping with the design downtown. So far, P=r. Pdiederkorn and myself and all of the Advisory Board that we could contact are urging you to vote positively on this. Mr. Harry Cramer, owner of .CramerIs Jewelers k; Harry Cramer spoke in favor of the project by saying he has been in business here for 25 years, we are fortunate to have Bob Colbert, and Jim Rothschilds to take up these two empty spaces in our area. I recommend this completely, and the merchantt in my block and I hope you men'vote for it. Hunna Johns, former i±ay�or of the City of Ithaca 1�1r. Hunna`'Johns commented that the City poured a grett depl of money into the Mail and irrto the ram and since this has ta`keh place -we 6 Ve lost approximately 325 or 3+50 surfade parking spaces. He had a hundred, 06lo d four blocks and we picked approximately fifty surface on Green. Now thi-� monster we have back here with the spiral , we don't know how much use it is goi.ng''.to get, you have got stores to build. - underneath it, you �are going to tear down Rothschilds' and build a Hall there, whether we have enough parking, I don't know. Rgmadk, their short on spaces, you've allowed them to go 20 more rooms, they have about'120 rooms and with about 60 spaces. !de don't know whether we are going to need this land up there for surface parking, it is the nearest thing to the Nall. I heard that Colbert is paying a big price for this land, we had it on the rolls for about a half million, off hand I'm not sure, it was sold for about $72,000. If the City needs this for parking, if this is so, and the City needs parking, say State Street or take care of Caldwell , which I don't think he is going to build, or try to find stores for this which I don't think he is going to do, but we don't know, we have to go with the idea he is going to. If an had to buy that, . we are spending about $4,000 'a space and someonet tai d i t,,is o,1ess than a a ^}e, but i f i t w hol d6' hundred cars,. t� is Wort�,ii a, half �-a million ,ool l ars' tO.Ahe 1Ci City. He are spending over ,,$S,000� per,.;space .per car, TNe° ,only gther. thirg� I have 'i n mind i s, i f this i s sold there is no place we can go' for''additional parking for the half hour parker, or the one hour parker. The average parker that parks in our parking lots spends about an hour. This is one reason why I think trying to get into these ramps is darn inconven- ient, for them. The only other thing that bothers me a little is that no other develop- er had a :chance to find a tenant for this land. Piro Colbert said he is going to build 16,000 or a' building twice this size, then he finds out we .have inflation, for God sakes I have been under recession, depression for the last. twenty years, he just found -5- March 19, 1975 out there is an inflation. He knew there has been-an inflation, and he knew whether he was going to build 16,000 or 8,000 which means you cut out all the developers, he is going to build a half a building thus giving half the land and put meters on the other half. Incidently I understand you are going to put in about eight hundred thousand dollars, hcw. .much is going on the rolls, does anyone have that figure? Mayor Conley said it is full taxable. Hunna Johns asked if $800,000 is going on the rolls? 11ayor Conley said the building will be full taxable, 80% of the building. Hunna Johns interrupted and asked 80% of the what, $800,000? Hunna Johns said by saying someone said they are going to put ?800,000, I'm just asking a question, I don't know hots much is going on the rolls. What's the building going to cost? It is up to the developer, how much money he is going to put in the building. Mayor Conley said Colbert said the construction costs will be $800,000, that's construc- tion costs. Hanna Johns said $800,000, you mean 8,000 sq. ft. at $100 a sq. ft.? The Telephone Co. doesn't have that kind of money to pay that kind of rent per sq. ft. , at $100 construc- tion cost. They're rich and they have a hell of alot of money, I don't think, I'm thinking out loud, but I don't think $800,000 is going on the rolls, or 80% of $800,000. Can somebody tell me what is going on the rolls? i1r. Colbert came up to tell fir. Johns that his figures were inaccurate. Hunna Johns said to Fir. Colbert that he said he was going to put $800,000 in the project. Hr. Colbert said, no, the cost of the project, building and land improvements will be approximately $600,000, when the building is complete, with all tenant improvements, the building cost is estimated to meet or exceed $800,000. T other thing I 'd like to correct is the fact that this is a 14,000 sq. ft. facility, with N.Y. Telephone occupying 8,000 sq. ft. of the 14,000 sq.ft. Hunna Johns said then it was going to be 28,000 and they cut it down to 14,000. Hr. Colbert said it was 24,000 cut down to 14,000. Hunna Johns said you are going to have a market value of approximately $600,000, and the assessor can 80% of that. Well , that is a good piece of the rolls. But, if the City needs parking and finds that they can't get it, the're going to start folding some of the doors on State Street, I think they are going to fold them anyway. But if they do need surface parking to help it they won't be able to have it. I think you won't know and I won't know, nobody will know what this ramp is going to do with these spirals, with these ladders and bridges, until about after September. If there is anyway we can delay these until after September, you'll know exactly what will happen with these ramps and what is happening with parking. I!e've waited this long, I don't know why we can't wait till September. This is when you're every car that you're ever going to see it the City of Ithaca, will be back from September first on. Or. Charles Quenette: Mr. Charles Quenette said the only question that he would want the Council to present themselves with, or with N.Y. Tele. is the parking situation. I certainly am 100% beh-Ind the downtown development. I think you should consider the parking beyond what A the employee needs are, even if it goes as far as the needs of, what you think your L avei a flow customers will be on, a per hour or per day basis. So that additional ra parking is not a problem down in that area. Dr. Robert Baker: Dr. Robert Baker said he has had his own urban renewal project running on North Tioga Street for quite some time. I know how much money I have put on the tax roll , I am delighted with what you have done with downtown area and I want to see it continue. I have been rehabilitating property we've been waiting to save for years, and I'm glad to see some one else again willing and able to bring business to Ithaca. I'm not so worried about parking, I'm more worried about having an attraction downtown to keep doing. -6- March 19, 1975 I feel that this is a worthwhile project as a private heavy investor in the Ithaca Real Estate and having brought industry Onto Ithaca recently, and added that to the tax rolls. I hope to have another viable project offered to the holes that we have supported for so many years, I hope to see fit to pass this. D. A. Winters Letter: City Clerk Rundle read the following 'letter: Mayor Ed Conley ' Ithaca Common Council W City Hall Ithaca, Hew York 14850 Re: Colbert Development To all whom it may concern: The City of Ithaca has experienced an extensive amount of growth and revitalization in the Downtown area during the past few years. The developments of the Woolworth Dept. Store, Ramada Inn, the Rothschild's-Caldwell Project and the Ithaca Commons are in- dicative of the optimistic foresight which the citizens have for the city's future. Irregardless of whatever occurs in the surrdunding areas, because of these downtown projects people will find themselves drawn towards this Downtown with its unique character for shopping, business and socializing rather than being drawn towards another non-descript shopping center in a non-descript commercial sprawl . In keeping with such an optimistic future which the people have for downtown, the Colberts have seen fit to again invest their time and money in the city's future by proposing to develop the New York Telephone Office Building. Although the people should commend the Colberts for taking a developer's risk, the people should take a closer look at what it is that is being developed, and consider not approving the sale of this site for this development Because of the revitalization and investmeat-. in the future, the city is like an adolescent who is not quite sure of what strength is possessed in its newly developed features. The true potential for bringing more people and business downtown is as yet unknown. In this light, the city should not sefl itself short by approving a mere one story building today at the expense of a larger, more productive and beneficial development, even with the same tenants, when the potential fuller value of the downtown district is realized. The city has no reason to have to jump at whatever it can get today, because with the revitalization it is now experiencings it is developing the resources to do better tomorrow. About the building itself--it is on a critical site in the downtown just at the bottom of the State Street hill . This is not the place ti,� a one story building, especially one which provides for a less expensive and more tP;±norary roofing in possible anti- cipation of another story on top. The design of what happens on top is important here because anything that happens on top can be easily seen from the State Street hill. Visually' -this can be quite disturbing. Visually, something a bit larger, taller and more interesting�on top is needed at, this site to tie the downtown together. This site is no place to permanently provide 40 parking spaces. It is in a natural bottleneck area where additional and permanent medium volume traffic turnoffs can not b- Tolerated. It can cause tie-ups in the whole section east of the Commons. It CI (s into the concept of providing the city's two new parking structures at the peri- p! -ry and the volume needed to support them. If research says that more downto�,!n parking is needed, this is not the place tc: put it. Although''it 'is a fine gesture that `the Colberts wish to develop this site, for the reasons I have mentioned$ the city should consider not approving the sale of the land for this develop. Sincerely, D. A. !linters -7- March 19, 1975 By Alderman Jones: seconded by Alderman Barber RESOLVED, That the public hearing on U. R. Block 203 be closed. Cerried Resolution - Robert Reed Colbert Redevelopment Proposal : By Alderman ones: F-econdea by Alclerman Mcnois WHEREAS, Robert Reed Colbert and Robert Colbert, Jr. have submitted a redevelopment proposal in connection with the Center-Ithaca Renewal Project I, such proposal being incorporated in a proposed contract for the sale of land for public redevelopment dated January 10,1974', vwhich proposed contract is on file at the office of the Ithaca Urban Revmval Agency, and WHEREAS, The said Robert Reed Colbert and Robert Colbert, Jr. have been heretofore duly designated by the Ithaca Urban Renewal Agency as a qualified and eligible sponsor pursuant to the provisions of Section 507 of the General Municipal Law without auction, sealeo, or matched bids, and WHEREAS,.,The !Ithaca Urban Renewal Agency has duly caused to be published in thes.Ithaca Journal , a local news media, public notice of the date and time of this hearing pur- suant to the'applicable provisions of law which notice included among other tongs the price to be paid and all other essential terms and conditions of said proposed• disposition, and WHEREAS, The Common Council of the City of Ithaca has conducted a public hearing in connection with such proposed disposition, said public hearing being held on''March 19, 1975 at 7:30 p.m. which date is not less than ten days after the publication of the notice of said public hearing, and WHEREAS, Upon said public hearing nine persons were in favor and one person was in opposition thereto as reflected in the official minutes of the Common Council of the City of Ithaca, and WHEREAS, Due deliberation having been had herein, now, therefore* BE IT RESOLVED, That the proposed disposition agreement including the sale of the land described therein for the sum of SEVENTV-TWO THOUSAND and FIVE HUMAED DOLLARS ($72,500.00) to the said Robert Reed Colbert and Robert Colbert, Jr. , be and the same is hereby approved, and BE IT RESOLVED, That subject to final approval of all proposed documents by the U. S. Department of Housing and Urban Development and New York State Division of Housing y+wlM and Community Renewal , the Chairman of the Ithaca Urban Renewal Agency be and he hereby is authorized and designated as to the specified municipal officer as provided in Part 1802.2 (b') ' (e) (iii) of the Rules and Regulations of the New York State Division of Housing and Community Renewal to execute any and ail disposition documents in connection with said sale, including but not limited to the deed thereto, Mayor Conley said he is a merbee of Ithaca Urban Renewal Agency, and I passo.' as Mayor. This project has been before our agency on two or three different occasions: tie have gad a tremendous amount of discussion about it and the U. R. Agency has ynanimously 'endorsed this particular project in this plan, there is no back-up plan there is no other developers that have appeared before our agency. ' That parcel of land has .been available for many years, we haven't had anybody up here before Council ready with a project for development until this one. The agency supports this to the main. "Mayor Conley asked fir. Colbert to come up tr, " any gi.r,titions the Council might have. Alderman Gutenberger asked Mr. Cc v,,:rt for .. I s ratio.aal reasons for the cut back in size. Ir. Robert Colbert commented that the cut back designed to the market place in Ithaca, it is to ow advantage, certainly to the City's advantage's to have projects constructed}:,,, that the City can support. You can pick any major city in the State and find signi ficant surplus of office space, I don't think,,it would be to the City's advantage to F have a project that was overbuilt at the outset, so that it would cause a failure on ou part,. and it would reflect on the U. R. plans too. It is designed to the market place, sae have a very strong major tenant to occupy the majority of the area. Mayor Conley asked llr: Colbert 'to: explain the option that he has' as far as the construe ' tion of the foundat'i.on, Mr. Colbert said this building is designed in a stay that we may add more square. footaae to it. I hope everyone understands that it.would be to our advantage to build more `%otage, if we felt it could be bul l i.' Wut as'.I 'say, 'failure -on our part ref is on tfie City:and we.designed it for the mdKet 'place with potential to expand, if-the maKet warrants that expansion. Alderman Saccucci asked if this building- is built so that a second story may be added? -8- f larch 19,E -1975 --TIr Colbert--said that yes, it is built for the option of a second story. Alderman Saccucci--sa.i d--tbat-he-tmders.t.ands--there-.arm.14.,.000 sq. ft. , 8,000 of this would be occupied by the Telephone Co. , who is going to lease the other 6,000. Pir. Colbert said presumably they will lease it to other top quality tenants. Alderman SacCucci asked if there are other tenants ready. Pir. Colbert said they are negotiating with several of them. Alderman Saccucci asked how long it will take to complete the project. iir. Colbert said the construction schedule is right now on six months, it will be finished. . Alderman Jones comMented that the way in which the grounds for a building is built, is the Telephone Companies specifications, which are different than usual and expensive. :r x f1r. Colbert said you have to keep in mind they are committed to 25 years of occupancy, and that building has got to withstand that period of time. Alderman Jones asked whether those buildings, that if you extend that to a second floor is the same kind of construction committed also to the second floor, which makes it expensive for another kind of tenant who doesn't need it. (1r. Colbert said that naturally, our major tenant, the Telephone Co, , any other tenant which is housed in the first floor, along with the developers will be concerned that any second story constructibn will be harmonious with the surrounding and the present first story. Alderman Jones asked if the cost of a facility which provides space for the Telephone Company becomey prohibitive to other office dwellers. 11r. Colbert said he didn't think so, he w{ouldn't have added additional office space to this building if we didn't Feel we co ld rent it. Alderman Jones asked how do you intend to treat the t"ooftop, that everybodyiwlill see as they come down South Hill and East Hill . sir. Colbert said a rooftop is not a thing of beauty it is a rooftop, it will be a gravel surface rooftop, we will pay particular attention to the heating, ventilating, and air conditioning units, that will go on the rooftop. I can point out, the raised canopy that has a fourteen foot clear ceiling height interior. Mr. Colbert said his company realized the fact that this building should have a massive appearance, and they have provided that. At the same time the building will be plateaued, it will not be built on the elevation that it appears as you drive by that site, the building will be raised about three and a half feet from its present elevation. The floor level of N. Y. Telephonp and the other occupants that occupy the space will be three�.and a half feet higher than the level that you see it now. We've designed the plaza area with stairs and ramps for the handicapped, it can be a pleasant and easy area to enter into the lobby. Alderman Boronkay asked Hr. Colbert how the building is situated on the lot, r1r. Colbert answered that the plans shown were for the building to face State Street. Alderman Boronkay asked whether the Aurora Street side of the building would have the same detail .as the State Street side. Jr. Colbert answered the Aurora Street side will have the same detail as the State Street side gill have, and he showed the Council the site plan. Alderman Boron kay asked how far back the building will be from Aurora Street. 11r. Colbert showed the Council the site plan again. ilayor Conley said the windows will come pretty close to the sidewalk. -9- Narch 19, 1975 - +�ks�.skad.. out cutting back the curb of Aurora and State Streets. Playor Conley said the City has retained a--portion of that intersection for impftVement of that intersection, the rounding-v*feeet shown on the plans. Alderman heyer asked (ir. Colbert about the roof again. She asked if it has be4A considered the possibility of decking or doing something interesting on the roof as they do in N.Y.C., so that not only could it be used in the summer for employees, but it could look better. Has the question been brought up at all . .1r. Colbert answered no, it hasn't, he is from Ithaca, and he has never seen that treatment, and it hasn't been brought up by our architects. Alderman Hamlin said he thought the advantages of putting this building in here now so far outweighs the possible disadvantages that he thought it would be quite an addition to the Commons, and said his vote will be in favor. Alderman Dennis asked how the N. Y. Telephone Co. , feels about the second floor': Fir. Colbert said they have a provision in their agreement with N. Y. Telephone .Co. , that will permit them to build a second floor, given proper security precautions, safety precautions and harmonious design with the consent of the N. Y. Telephone Co. Alderman Boothroyd commented that he agreed with what Alderman Hamlin said. As far as the roofline, he is concerned with esthetics too, but if you look directly to the left as you come down Aurora Street Hill you notice a rather large expansion of roof also another U. R. project and also a rather large expansive parking lot. Alderman Saccucci asked fir. Colbert is there two entrances, one Qn State and one on South Aurora Street. Mr. Colbert said no, that the design that fronts State Street is carried through on Aurora, but the main lobby will be on ,State Street. Alderman Spano said he was just wondering what.area beautification you plan to use in setting up the area between the back side of the building and Green'S�,reet. Mr. Colbert showed Council the traffic pattern, the exit _.and parking and the plantings Alderman Jones asked if there was an egress on Aurora Street. Mr. Colbert said yes, there was a car egress on Aurora. He m'isunderst *d Alderman Saccucci 's question earlier. Mr. Colbert thought Alderman Saccucci meant a building entrance. Alderman Saccucci thought there would be a problem with traffic congestion ;on So. Aurora St. at the entrance/egress in itat location. 4 Mr. Colbert said they have spent aj of of time studying that traffic patter , and they rt found an exceptable plan. Mr. VanCo ft, here and he and 11r. Colbert sp= alo#F of. time on the traffic flow, he is satisfied. Mayor Conley said there has been slot of time spent with the Engineering Dept, on that project. Alderman Slattery asked if the present N. Y. Telephone Co. site at 208 E. Buffalo St." will be vacant when the new structure is done. Hr. Colbert said it won't be vacant, there is a tenant going in there immediately following the move of the N. Y. Telephone Co. A roll call vote was taken on the motion which resulted as follows: Ayes — (12) Jones, Hamlin, Pieyer, Barber, Saccucci,, Slattery, Gutenberqer, Spano., Hichols, Dennis, Boothroyd, Boronkay. Carried Unanimously -10- March 19, 1975 Mayor Conley called a recess at 8:30 p.m. \' Council reconVeneC* 8:40 p.m. CASCADILO CREEK DREgGING Mayor Cgrliey said 'after some peopl.� address Council he would-,,,like to explain a meeting Hr. Di g ran and he;iiad, and how i t,brought thi's to the pres 'A' situation .1ayor Conley met with Hr. Dingman and Hr. Cleveland and some other interested people ort.the subject,: They discussed the problem of whgse responsibility it is to +d,redge the ctehk and we have got a very difficult situation for him to operate his bu.Siness, and he ;wpuld be expected to operate his business without the use of his boat slips through ttr'is next boating season. ',It would probably be a year before he would ire able to get,,any: acti- vity from the State. 11r. Dingman asked Mr. Cleveland to get '°some sort of price 'of what we were.:talking about and we talked about`some of the solutions. Mayor Conley asked Mr. Cleveland to come up and explain the problem he has to Council . tr Clarence Cleveland - Johnsons Boat Yard: °w x gar. Cleveland sai e almost baEked backed off, ours is kind of insignificant with what we have beenjthrough ,here tonight. It is very important to us and this, "is a project we have been �6rkJng,on for nine years with different Mayors and so .hn trying to get . some relidf in' th-0 channel down there, or we call it Cascadilla 'Creek. It is our revenue, Our �breM and butter primarily sales contribute, but docking and storage is really our bread ah.4 butter accounts. We're a tax paying enterprise, we will be working in competition with the State Marina come next spring �. 976. We feel we've got to have some held-ot4er. tai rt,,what we can provide, we've done alot in nine years and I havq no regrets abou'f what we've..done. We've invested back into the boat yard in the amount of better than $135,000, thong with the fact that we have maintained and kept tap with our taxes. To make a long story short, we have met with Mayor Conley, and Supt, Dinman and so on at the ChambeO ,6f Commerce Bldg. It was agreed that do the inVestigatlon and find out from Beseme� Crane` Service with a drag lino, !low this is not to be construed as dredging. This is a clean up affair and I want to make that very; Jemphatic, dredging is an entirely diffprent thing,. 14e are asking for a clean u ' ar`ffai'r and I started to say, we've ,gone to 'Besemer with a drag, line, he can come in and work a total of about seven days at $500.00 a day'#r' about $30500. 71hat's not the total cost as fad^ as the i Ci ty, Hr.'.Dingman said that we 'could use City.',Trucks. He have dispersal areas to put it, both on our,property and' on City property: There will be. no waste, no dirt -onthe City streets whatsoever. I think that they, have agreed from that standpoint, Besemer has agreed from his standpoint that this is a beneficial way of doing it. What we want to do is dig some big holes, .let the silt cpme down,' If you have been down there now you will see that the. fhow of the silt by Snow, Vi lage has already started down, a , there is swath cut % a former inaank- "fnent there;of about 2 1/2 feet now. That:�siIf1 that was there is now, down at the mouth. It is Sbst. impossible to work with this,; situatian 'sailboaters have been damaged, the inboard-outboard'motors were damaged, we have more boat damages than I have ester seen in my life. Y cannot continue to be in competition against my dollars and your dollars with a State project and still turn in my taxes without some help from the City. I would like to inject one more thing here, I have a letter from the D.O.T. dated June '28 1974, and it says, I am not going to read the whole thing; Cascadilla Creek is not"part of the barge canal system and 1 snot maintained by this Department. The equipment used to maintain the canal is not suitable for any work in the creek, the maintenance of Cascadilla Creek is a local responsibility. That is from the D.O.T. , Raymond Schuler's Office. I have another letter from D.P.C., I am going to read you one paragraph. "In summary, if Cascadilla Creek is to be cleared of sediment, the work must be initiated and executed by the City." So what we get back to, is I know and I appreciate it and I've .got letters here from Mayor Conley to the State,' trying to initiate help for us through the State and so on. But the State seems adamant in the fact that they are not going to do anything. What we have is a fire with two fire trucks there and neither one knows who is Aoing to put the fire out. Consequently, we are burning. All I ask is that possibly the Council can see : that maybe . vie can get $3,500 to give us a little lift for awhile. Mr. Cleveland asked if there are any questions he could answer. Mayor Conley contented that P=ir. Dingman was going to ask the State if they would be .here for this meeting. Supt; Ringman remarked that he contacted the Cortland Office and asked Brad Griffiths who is the local permit officer, to be present tonight. Mr-,. .;Griffiths called yester- l , ' -1}- Harch 19, 1975 day and said he would not be able to make it. However, I explained the problem and he said to me that if the City wishes to dredge the creek or clean the creek, strictly for the purpose of improving navigation, which has been fouled by sediments, that if there were no extraneous reasons why not the permit would not be granted. He sent me some permit forms, he also indicated to me, since I indicated to him there was considerable urgency, if we are going to do this this year, we have to get at it almost immediately. I indicated that urgency, he said, well under those circumstances he probably Gould waive the advertising requirement. I have prepared the plans and , permit farm and included a letter asking to waive the requirement for advertising, in order that if this Codhcil decides that this is a responsibility of the City or de- cides that they wish to take this step at this time, are will be ready to move just as rapidly as we are permitted. What is proposed to be done here is that we intend to hire a dreglihe mounted on a crane. Phis will approach the problem from both sides of the creek, the mouth of Cascadilla Creek very close to where it enters Cayuga Inlet, and to remove a quantity of ilt and move it by City Trucks back onto City land in the one case, and onto fir. Cleveland's land in the other case, in such a way that it will not re-enter the creek. We estimate the work to be done will require about seven days time, and we estimate the total cost fdr mental of the crane will be about $3,500. Alderman Hamlin asked about what the cost of the trucking would be. Supt. Dingman remarked that this was a rough figure, because we intend to use our own trucks and drivers. Of course, this then will not show as a direct cost, but I would estimate that the total cost of the project will be in the neighborhood of $6,000. If we were to hire the trucks the cost would probably be near to $7,000. One of the reasons, that we are interested, if you make a decision that you make it promptly, is that there are several reasons, the creek is down now. It is unlikely that it will remain down more than the next two weeks. This means the work can be done now as well as it ever can be done. If we are going to use City Trucks, we must use them as soon as possible, because as we get under way with our work, trucks just aren't going to be available, and we then would have to hire outside help at an additional cost. Alderman Hamlin commented to Supt. Dingman that it was his understanding that the underwater rights are owned by the State not the City, and who are they owned by do you know. Supt. Dingman remarked that he would not speculate on the ownership. •layor Conley said that is the hard thing to determine, and that is why, as Mr. Cleve- land said, we have written to the State, talked to the Barge Canal people, we've talked to the Corp. of Engineers, we've talked to the Department of Environmental Conservation, we've talked to the D.O.T. D.O.T. says they are responsible if the highway goes over for a certain amount of feet. The Barge Canal says they are respon- sible for every place except where you want us to be responsible. They are responsible where we don't need them. It is that type of thing, Corp. of Engineers, if it was a duly authorized project, and all of that, and once the project happens the Corp. of Engineers is responsible for maintenance of it. It has been a constant run around. Of course, I take the position if they are State waterways, the State has the respon- sibility but the agencies like to control it. Tell you what you can and can't do, and talk about all these wonderful things; that they are State waterways and every- thing. But when it comes to responsibilities like this they keep giving us the run- around. That is absolutely ridiculous. I don't think we should quit trying to Qet reimbursement from the State on this project. I really think, like Bob says and Mr. Cleveland says, the critical time is right now, and we just can't put if off another year. Alder-man Meyer commented that she would like to know tonight if we are being asked tonight to make a decision on the single situation or if we are being asked to work on a policy decision and/or that policy decision is going to come later. flayor Conley said he wouldn't take any Council decision tonight as taking precedence at all for our responsibility in other areas. I wouldn't take this as a precedence setting decision whatever we make tonight, I agree, I don't think the policy has been established and are have to work with the State to find out whose responsibility it is to do things like this. I think we should continue to try to keep that State responsibility. I would never treat this as we are setting any dangerous precedence that assumes any responsibility, to Mr. Cleveland, for the future or anything else. �2- 19, '1175 I am still going to try to get the State to, ,recognize their responsibility. From a navigational stand int we learned 6ne ftv4-ng. Vhen we ask ;the State to -clear :it out for navigatipi�; at was the wrong ttFing to say. What wej`s.hould have been saying all that time was` that we want it cleaned' out for flood prot*ction. Because the silt goes up, as "('silt goes up the creek gets:,wider and keeps taking out the banks. Now that is a 6 situation. I think'vie`.should have approached the State, saying wo have a dingervus `.flood situation here'aad'f gone after those types'of funds,, rather than tallfing, bout .navigation. That s, th gs you learn, Nit ,l think we haver to reverse t e;;i ing said in the past arct;,90j.after that. This is just a makeshift situatlp, . for noti ' as 11r. Cleveland mentioned. - There is a total solution: that has to be solved, and that hes to be solved sometine;in the future, to, do the job that really should �be done. Alderman Saccucci remarked that whether it is a%'_G-ity or State respgnsibility to clean or dredge this creek., ;I feel that a bad situation`exists, on that;City creek. It is creating a very hardship to, a"high taxed pity bosine*$. I think that right now the, City should take the initiatiW'. to take a step at le t,` relieve this situation. ;It hg ., �. this Council to expedite this move and if you watt me to move it. I'll move to approve the $3,500. x By Alderman 6utenberger: seconded by Aldervi?an` Barber RESOLVED, That $3,500 be appropriated to the flood and erosion contractural services account for clean up of Cascadilla Creek. Alderman Slattery asked what happens to the other $2,500 to truck that material and what account does that come out of? Controller Daley remarked that he thought the Supt. had that money for, the trucks. Supt.- ©i h n, said,that if an appropriation his made for:'the $3,500, 1 -would: recommend that it'was'made from'..the flood and erosion,Accouht. ­ tle have monij in-the flood and erosion account which we could use to clear the cost of the truck's'. We might have to ask for°a transfer between accounts, but w would not need any new money beyond that. Mayor Coniei c'larifi`ed that the only new mon+eir ;:thanwould be asked for is- the $3,500. Alderan Slattery remarked that at one t me -the'City owned a dredge. We managed not - to use i t 'enough o tae, City sold it. Has .that,area in the past been dredged from time O time? I lust,wdgtiered how long i� ill 'to� after we kdo a clean up operation down there on'.a tetaplorary r nature, that we' II have to go back in and dd it all over. Is a clean up operation an appropriate thing to doi or would dredging be the lasting type of operation, Rayor Conley said that if we get into a f411 scale„dredging -'operation .that means that we would have to get all kinds of specifications, a permit ftlom :D.E.C,`., all *inds of_ their approval, we have to find a site'where we can put what.we pump out so -that none of it can get Uck into the stream and settle. That is one of the reasons why we got rid of..tho dredge, it,,wq; old and worn out 'and a verb texpensisre thin] :to operatel �lawyor C601ey`”asked s i f! ttte City had ever dredged that area before.'' 3r. Cleveland remarked that they Cayuga' Quees' pi a {4irty's d.reetge, dredg 'il in September ` of 1960. �,,, Alderman Slattery remarked then it would have to be done again. There is really no indication how long such an operation will last. The other question is; are there Any, other direct benefits from this clearwp aeration besides through navigation. Charles Pettis -143 Campbell Ave. A Businest Owner - Operator: ar- es 'Pettis spoke in favor of the resolution presented to remove the 'debris from Cascadilla Creek. The importance here is to be .cardful that we do. ntt lose any A, that the _Ci y may potentially have. ri. Cleveland is in the business of selling fiats and providing slips for+,boats, and _doing maintenance work .on heats during the seam, llith the new, marina opening ,ver,V_shortly, he will have an 4pportunity to sell a reasonably good number of tax generating boats , provided.he can lath them, make :them rely, dal lver. them, take them., Aj from the et,;.in,-the f411 and store them. The debris that is--in the -creek at this time is 'definately -inhibiting his ability to do this, it is causing him to put the boats he- has.,in the water later than us ual and remove them from the water earlier. -13- 'larch 19, 1,975 This is having a direct negative Tnypact on both his income and the iincome of the''City indirectly. His facility is the Wy:facility in the Brea that can accomodate, the size craft that he can take which,_are larger boats. If these boats cannot be rerWved and re-installed. locally,, these boats will have to go to the northern end of the lake, Which will take both. the boot business and the Storage business, the maintenance and repair business out of the .area. It is absolutely urgent that the debris be removed from this creek at the present time. You can go doWh there and with your own eyes tomorrow and see the trees, the tires, the garbage, the branches, the �;3rbage pails, all of which are impeding the flow of the sediment into the lake. If we do not remove at this particular time, within the next week it will have a very negative impact on Mr. Cleve- land's business this year. As an incidental side, my business is in engineering. -and I would like to tell you that the creek with the obstruction centered at the present time, in my judgement, constitutes an increase hazard should we have a high runpoff because it would be directly next to Stewart Park and the Golf Course. Mayor Conley asked if it would help water flow as far as unusually high run off.".' Supt. Dingman commented that there is no question about removing some silt from the bed of that channel will have a good effect on the navigation problem that is there at this time. It will not have an adverse effect on the run-off, chances are strong that any effect that it would have on the ability of the stream to carry storm water will be beneficial . Alderman Dennis remarked that in light of the fact that I've heard here that we only have one way to do this,, I still would like to ask a question, Is Besemer the only contractor in the area that can do that job, and what would it do if the City bids this project, [layor Conley commented that Besemer is the only contractor in the area that could do that"type of work. To answer the second question; we would have to draw up specs, advertise it, give a reasonable time for the bids to Come back in, open them up, analyze the bids, and award the bids, and by that time you're too late. Is not that 11r. Cleveland hasn't been after us a long time to do this, its not that he hasn't been, 'not that he came in at a late time. He talked to us in December, and in January, and I had many phone calls from him. I was trying to wait for some sort of an anowwer from the State and hoped the State would provide some sort of service.that might allow this to happen. But it didn't happen so we are in a bit of a situation, I don't think we should stop trying. I think we should keep,right after the State and maybe even try to recover it. I don't know how much of ,4-chance we have at;that,. but I'd be- wi l l i ng to try.., Alderman Barber remarked that abok�t two years ago ;I brought'it up to the B.P.W. about dredging. 0� understanding is that it will be from Snow Village to the mouth of the Creek. Supt, Aiagman. commented that this is. the relatively narrow path across the mouth of the &4*,. :i-t is hoped that the long range benefits will accrue all the way to Snow Village. Alderman Spano remarked that one thing the work done down there will do is to beautify the area. I'm sure that fair. Cleveland has continued in the past few years to bring the business up to a tremendous program where people are beginning to enjoy it agnually with their .families. Alderman Spano asked Mr. Cleveland how many families part9c1pated ; at his marina.,. Mr. Cleveland commented in the summertime it was in the neighborhood of 125 and in the winter storage was about 200 boats. Families come weekends, play golf at the Municipal Course. They participate in many things, those who don't like to stay on the boats stay at the local motels. There is quite a bit of money spent in the area. Mayor Conley remarked that we are talking about tourism, we're talking about our fighting to get that marina built and the Cass Park development. That was to attract ;: people here by boats. Right now Mr. Cleveland is the only one, there is anotier:one but, his is one of the only areas where the boats can be serviced while they,.are here. Old Port Harbour and everything else, '1t does' have-an effect on other busing#ses. Alderman,Dennisfasked if anybody could make channel side guess on how long it would last, if that job were done. parch 19, 1975 ' Mayor Conlej�''commented that if Hurricane Agnes does not happen again,- chances are it might et: least carry hi.n over for enough time for us tol really get after the State. Mayor Conley asked if it,would last a couple of years, and decided there was no way to tell , . Alderman Spano remarked there is ho way te` tell because that silt that cgMes 4own over the falls is whit.. caused tke problem;,. nd, as soon as.it hits the middle of the channel . r �. : �. Alderman Neyer commented one bit of informatigh we were given today whicD might also play a part in our decision. The State:4-arina is not going to s04"OWTine so boats will have to be serviced else4,,here far.'rt�gasoline. The reason I would - support this, is San Antonio is an example of a city that tock its rivet' Vim. stopped treating it as a sewer and started treating it as an-important part of ** pity. It made an immeasurable difference in the city. h•think maybe with all tWe "Oer . things that are going on, it is time for us to really get: after this RVIFy d ,J do what we should and what rivers do deserve here. f , Mayor Conley remarked the Planning Dept.. h4s been talking about conducting a x of the waterways to see what commercial development we could generate. It ortly pseems to me that we should protect ' that investment. Alderman Gutenberger commented that the only two problems that t have, one is the question of precedent; I'm not sure' who would be following, aqd 1e4uesting the same type of service from the city. I think we are co4fUsih§ the issbe b� cbnsidering just strickly water. We have giVeh services to ther merchafits in he way of streets r� and traffic problems and many oth easbnsa In this partiC�flar� case it happens to be water instead of cements I thihk , he twtl reIahaiog os to each tither. The other thing that bothers me is, sb ndihd taxpaybrt dolla�s in this way. However, the Mari na-across the channel i S also tdxpayehs .. do-11 Ae i -.6therwige. I."d have a hardy time cdnviacing myself to spend the taxpdyerS', dollars to be irr direct competi- tion with a: local resident. Those are questions �V ve, answer'ed .for myself; and I think I'll vote_in favor for this in the budgetary. And I think it is a worthwhile project. Alderman Hamlin-remarked that he agreed with Alderman- Gutenberger to the extent that I think it would also benefit the people that would use that creek. I don't think we should look' at it sohely as a benefit to the business on that creek, We are providing an:.accessiir:there that they dorr't otherwise have because of the silt. Hy''mai n'worry -would be i f we`,are safe wi th. the State as far as if i t i s State l and, so we have permission with this permit, =does this give us permission persay? [layer Conley 'commented that is part of -his arquement with the State. If the State ;,..., is saying or is the position to say -"no, you ;can't'do such a thing as: that" then if the State has thOi say ;so, to say if we: can,or, can't do things like this. then the State has the obligation�'to come in and:;dai it •'V6 not about to let them day;; that it is a city responsibility and in the second htnd:;say, "nor ,you can't doAiit:. unless you have a special permit,". Alderman Boothroyd remarked that. he would concur with whdt Alderman Gutenberger said in regards to, Streets and waterways, but.I would feel much more at ease if we would come''out and `say that;is -all right, that -is our waterway, and alright we- are going to be� responsible for it. I have a difficult time in my mind, reconciling, the amount of money is not the problem with me, $3,500 is. ;a- very small part of our budget, by the same token we should watch every dollar and so forth. ; But, I have a difficult_ time reconciling spending money on something when we don't know whether it, is ours or not, that really bothers me. I don't mind saying on the Councl'l floor tonight, that ff we make it a policy that we will be. responsible, in fact' I think we are from Route 13 up `in: essence, to the base; of the hill I. don't mind saying -that from Route 13 we are responsible for th&t creek, to the Barge: Canal- Commrssion, but' I would be .much happier if we would:,,,,. Mayor Conley commented let me pose it a different way, if the State is saying and the Federal Government is saying, through 06 Corp. of Engineers, it is,the City's respon- s i bi 1 i ty 'and damage does AaMm, to a- baat,. could i t.!be construed i n: any way that through the neglect, the Vity is at Of responsibler :-..It 1s just a question:, not to be answered: -15- March 19, 1975 Chief Henson remarked that he was speaking as 8 taxpayer. This particular project here, is somewhat personally involved in way particular case. I grew up here, I 've been involved in that particular boat yard for the most part, all the years since 1936. I have never, since 1936, seen it when it was impossible to get through that creek for the service of the yard. It is not fro*g► a personal afront as much as it is that it is a business, I feel that the city has a certain obligation to everybody that is in business providing taxes within the community. The people involved are not only putting taxes into the community through- the purchase and service, but as it has been brought out earlier, it goes much further than this, and I know everybody in that yard personally, 80% probably 75% of these people are from out-of town. We appeal, we spend large amounts of money to encourage advertising to attract tourism, now we are doing exactly the opposite. This has been a case that didn't take place yesterday, it has been going on for sereral years. The floods really put the crux to it. There is one other point that certainly hasn't been brought out,°and I think-should be understood and considered by the Council, and that is the envir- onmental. We talk very strongly about the Environmettal Control and use. The most of the ehvironmental cleaning of the Cascadilla Creek through the entire area of that boat yard from Snow Village to the State waterway, the inlet, is conducted by the people within the boat yard. This is the removal. of very large logs, tons of grocery carts, debris of all kinds. It has gone beyond the people of the Boat yard, Mr. and Mrs. Cleveland, and their operation, it has extended to the people who Refit 6r utilize that facility are also involved and Concerned about the environ- mental conditions in there and actively get involved. I don't know how many tons of this stuff- 1 and may friends have pulled out along with the people in the yard+ They take a great pride in this. I for one suffered slot of damage last year as a result of this situation. I'm not talking about the 'last two or three years, 'I'm talking about a situation that I have recognized that has never taken place since 1936, Alderman Saccucci remarked that he said he is very concerned with this. But I feel this way that this is a city creek, and I also feel that after fifteen years this creek— which has never been cleaned, and should have been cleaned %xi. neglected. $3,500 is not a great cost. I also feel that this creek should be cleaned on a routine basis from now on. Alderman Boothroyd commented as far as the sedimentation.of the creek is concerned, I'm not an Engineer, but that water is bringing soil down the creek at a regular rate, and I imagine it could be calculated, if necessary. The point made that within ten years o r five years, even if we don't have another hurricane, we are going to have the same problem all over again. That sediment at least the heavier part of it will not go out into the lake, it will stay there and clog up that particular channel. Alderman Jones asked if the resolution could be read again. Alderman Gutenberger read the original resolution. Alderman Jones remarked that she was ju.;t.wondering whether it would satisfy you, and many of the questions that exist-In the minds of the Council concerning the overall keeping of those ways clean, whether you might except some other resolution or an amendment of that resolution, that the Mayor be directed to W rsue this matter of the flood and problems with the creeks. A vote was taken on the original resolution as amended as follows: By Alderman Gutenberger, seconded by Alderman Barber, RESOLVED, That $3,500 be appropriated to the flood and erosion contractural services account for clean up of Cascadilla Creek, and thet the Mayor be directed to pursue . this matter of the flood problems with the creeks. Carried Resolution to declare Cascadilla Creek Clean-up an Emergency By Alderman -Boothroyd, seconded by Alderman Boronkay RESOLVED, That the Common Council declares the Cascadilla Creek Clean-up an emergency, and that it be given immediate attention. Carried -16- March 19, 1975 COMMUNICATIONS FROM THE MAYOR Mayor Conley commented that he went to K.Y.C. last week to pursue the Southside Center purchase. Those projects have been closed, we have the funds to purchase those two properties. Mayor Conley said front there we also talked to Audit and Control for the BOR funds, which we did receive those funds, we received more tMn we had anticipated receiving, we received $349,632.67. From theft. I went to Washington and met with the Dept. of Transportation in an Offort tb bring back that letter of no ..Prejudice that we need by the 26th. I talk*d to theM' Obot the fact that if they were to make a decision immediately it,woO d take that-- long to get the letter, we need toat letter before the engineer and, N.t woulO be Mble to work on the project, I got in the mail today a letter I would like the City Clerk to read to you, as follows: Department Of Transportation Urban Mass Transportation Administration �- Washington, D.C. 20590 CC ►r Honorable Edward J. Conley Mayor City of Ithaca Ithaca, N.Y. 14850 Re: Project No. NY-03-0070 Dear Mayor Conley; You have requested authority to proceed with the construction of a new City maintenance facility which will include a transit maintenance section;without prejudicing possible future Federal funding of the transit portion of the faci- lity. You are authorized to proceed subject to the following limitations: 14 You are being uthorized to proceed without prejudice to the inclusion as A�part'of project cost of- only that part. of your application relating "to. the',const4ction`of a transit maintenance facility. 7-2 " It it-Oderstobd that this jahthorizatibn carries no commitment or implidatioh-that,the project will b.4 approved for Federal-funding. 3. :It is also understood that this authorization is not a commitment- to.--accept.'' should..the,application be susequently approved;,` the project item in question.' This authorization is only.- your assurance that e-: cost of :the work will not°be' disallowed solely because of your act o i n. proeeedi ng with it. 41 All DOT procedural and contractual :requirements Must-be met in the project work undertaken. Failure to comply with DOT requlations- would risk our future participation in the costs incurred. Enclose;=iS a=topy• of our Guidelines f.)r Project Administration which should be folloWed in any project wor u—k�n ert�aken. embers of nay stafT Ill be in contact with the City regarding the bid documents for the facility. Sincerely, John E. Hirten Acting Administrator Enclosure , Mayor -Conley said he"tad the operating manual , and regulations. The City Controller will have the operating manual and follow these procedures on accounting and following the federal guidelines to get these funds. It is going to be an entirely different accounting prrocedo e, and there,are federal forms for this. . We got,everything that 'we asked,16rv, unktke when we went down--the last time, once we found out how easy it was. As this letter states, this is not committing 'thent to- the overall contract.; Thht contract still has to--be worked' out.--. - They acre-,saying wwith the maintenance garage;=ire °can proceed without prejudica4- if -we s gir.-W contract .with them. I think our next step is now to make sure we continue to press, -to make sure that we,'get-the !overall contract because that. is somethi ng :that, tlr,.Dougherty needs before he 1 s able `to =solve:•his-bus: problem to get the equipment-he `needs. -17- March 19, 1975 CITY CLERK'S REPORT Central Re istr : City Clerk un a said the Industrial--Code_ Rule 53 of the New York State Dept. of Labor requires a municipality to establish a Central Registry of Operators of Underground Facilities. This particular matter was turned over to the Planning and Development Committee for recommendations. Alderman Jones commented that in order to solve this problem,; which is long overdue we have a recommendation from the Planning & Development Committee on the location of the Central Registry. By Alderman Jones: seconded by Alderman Saccucci RESOLVED, That the Common Council of the City of Ithaca, New York in order to conform to the N.Y.S. Dept. of Labor Industrial Code Rule 53 establishes the Supt, of Public Works office at City Hall , 108 E. Green Street, Ithaca, New York as the Central Registery of Operators of Underground Facilities in the City of Ithac4, in order to protect such underground facilities from destruction or damage, in order to prevent death or injury to workers and the public, damage to private and public property or loss of essential services to the general public, and BE IT FURTHER RESOLVED, That a copy of said information be available to the Building Commissioner's Office, and BE IT FURTHER RESOLVED, That ihis matter be advertised as requested in Code:Rule 53. Alderman Gutenberger asked if this was the appropriate office for this type of thing other than the City Clerk. Alderman Jones commented that the committee came up with three possible locations; the Superintendent's office, the City Clerk's office because he has many of the official records, and the Building Commissioner's office. The Building Commissioner . has a list which he keeps on his desk of all the kinds of telephone numbers that people are supposed to call when they go to work underground, so that in a sense he already has this information. In discussion in the committee the reason the re- solution has come up in this way is the fact that although the City Clerk has many records and people coming into this building will automatically go to his office, the kinds of maps and things which are involved in locating these facilities are available in the Superintendent's office. Mayor Conley asked Supt. Dingman if he had any suggestions. The Mayor thought this was something which should be kept in the Public Works office. Supt. Dingman said he had read this Code 53 and as he understands the responsibility it is the responsibility of every operator of an underground facility to register with the City prior to April lst, and for the City to maintain a registry, which is a list, it is a compiled master list of people who have registered with the city. It does not deal with the locations, that is still another matter and covered in another section and is not the responsbiility of the City as the registry. It will be further responsibilities with re�poct to Code Rule 53, which do call on the D.P.W. since the D.P.W. is one an excavator and falls under certain section, and two is the operator of underground utilities. If you ask me if I have an opinion, I think the logical place to look for it would be in the Clerk's Office. However, I am sympathetic with the fact that if it were to be located in the Clerk's office probably it would be necessary for us to advise him and help him in the compilation of that, and the maintenance of that list. As I recall, the requirement of it, first there is supposed to be a master list of people who register, the requirement for registra- tion is the operator of the facilities. The only responsibility of the Clerk or maintainer of the list is to maintain the list and to keep it updated and to maintain a published phone number where a call can be made by an excavator to determine if the list he has in his hand is updated, or a place he can come to get the most recent list. A vote was taken on the motion which resulted as follows: Carried BUDGET AND ADMINISTRATION C014MITTEE Maintenance Facility - Bond Resolution: -1$- March 191 1975 By Alderman Gutenberger: seconded by Alderman Jones BE IT RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The construction of a garage maintenance facility in and for the City of Ithbch, Tompkins County, New York, including original furnishings, equipment, machine- ry and apparatus and the grading and improvement of the site is hereby authorized at a maximum estimated cost of $1,000,000. Section 2. The plan for the financing of such- maximum estimated cost is as follows: a`j`By the issuance of $950,000 serial bonds of said City hereby authorized to be issued pursuant to the Local Finance Law; and b) By the expenditure of $50,000 hereby appropriated therefor from Account A1990 Contingencies, which shall constitute the down payment requfi ld by Section 107.00 of the Local Finance Law. _Section 3. It is hereby determined that the period df probable usefulness of the aforesaid specific-objeCt or purpose is thirty years, pursuant to subdivision 11 (a) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are- hereby irrevocably pledged to the payment .of the principal of and interest on, cr such bonds as the same respectively become dub bnd payable. An annual appropriation shall... be Made in each year sufficient to pay the prihcipal of and interest on such bonds becoming doe and payable in such year: Yhere shall annually be levied on all the taxable real property in said City a tax. sufficient to pay the principal of and interest on such bongs as the same become due and payable. Section 5, Subject to the provisions of the focal Finance Law, the power to authur- ze the issuance of and to sell bon anticipation notes in anticipation of the issuance and sale of the serial bongs herein uthorized, including renewals of such notes is herby delegated to he City Cdntroller the chief fiscal officer. Such notes thall be of such terms, �1&m 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 and bond anticipation notes maybe 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 pub- lication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal , the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81 .00 of the Local Finance Law. A roll call vote was taken on the motion which resulted as follows: (12) - Boothroyd, Jones, Boronkay, Hamlin, Dennis, Slattery, Gutenberger, Meyer, Nicholsy Barter, Spano, Saccucci, Carried Unanimously Cass Park Restrooms By Alderman Gutenberger: seconded by Alderman Spano, RESOLVED, That an additional $2500 be appropriated for Account #138 Cass Park Restrooms in the final 1975 budget. Carried Additional Funds for Garage Pack^: By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That an additional $3375 be authorized for account A-8160-230 Refuse and Garbage in the final 1975 budget. Carried f RAtch 19, 1975 #1 xeeM C#ta►11'Qe A'a..! Al derman Gutentb,.rgerc , setohded by Al derhian Jones REs0!_VED, That „t is the intent Qf this Common Counci 1 of the City Of-,° i&aca, New York from dahuary 1 thru Decemboraj tahefiscth year April 30, Y _ . ru. �Y. AND re 1 FURTHER RESOLVED, that the Attot�hey for the City be directed to r any. regu redlCharter Changes to effect Such change: prepare' '. Alderman Ha.111- asked what are you going to do for that four months equipment 9pes In other words, it Would immediately sto the p as far as ment from'haVing any equipment that year, p Public Works depart_ Alderman Gutenberger remarked that the discussion they have had so far months budget would be exclusively emergency requests, the heeded unlit the on-going the four 9 in9 expenses and personnel, There is nothing to say that an emergency doesn't have to, be the vehicle or equipment type, Y Alderman Boronkay COMented that wheh you do this, and the going to have, You dire gding to have to order doubly in that$4cmontheperiodosome- c+. where along the line in order td mffl►ensate to have to be able to bid two settiohs Cf bids what theou are doing, you are L^ t year', Attorney for the City, Shapiro remarked that maybe he could shed dome light o we cal► dq,here. The reasod ask for a resolution of intent at this point rather than tMyin to come up with a Local LAW that is actually necessar to 9 n what Change :lstthere are a lot of questions to be r ha understood it that this would be takiNg effect heat year, When Y effect a Charter resolved'� l't i s under.stood<,`and I With the recommended Charter change, as it will be after lengthy Iconversat to Council the B&A Committee And anyone else who wants to talk about it, ons i tch tb tho Lori Laws and, presented, at the.same time, a number Ofrotherwres be' attached that,W 1 :6e 'taking care:.of all these problems. of ions Intent, once the, rap-sal,s; local Paws come toR tg'ghtnthere�will Just aleetimdtion fqF" di cussion .af a� in case the way the resolution some dt-s' }�provai, of th rp are other ideas. The s are written meet with intent a -this pont;raher than tryin to do main reason I'm just asking for an g �t now, because there are an awful lot °of �Uestions th� five td be resolved; If you look at the Charter, the Char dated lgdg essentially n many regards a really a ter g¢ and change��a ;ril�ey. of provisions to accomplish what�wedWantato doin94Je areVnoto changing anything tohight; Jt is Jd1 t intent and we will be back after alot of .. discussion and °I'm sure there will be some discussion after we come back with it. Alderman Boothroyd ,said he understands the concerns that the departments Maly not be able to get the equipment that they need for 1976, His experience has beenihat although we may not°spend the money in the first four months of 1976, we can certainl authorize it"if it is warranted because of time lag that is involved, Y A vote was taken on the motion which resulted as follows: tarried flileaae Authorization for Youth BureaWorkers By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That the Youth Bureau be authorized to pay mileage to their detached work according to the City ed 10 per month.,regulations said mileage not to excrs $ , per person. Carried W BUSINESS age Order. on the Parking Control System BY Alderman Jones: seconded by Alderman Slattery, RESOLVED, That the recommendation from Raymond DiPasgyale tivlt$ip 872 be added t ' the upset price of the Green Street Ramp Garage for the Parking Control 'System be referred to the Budget and Administration Committee. Carried . M -20- March 19, IVS Change of Council Meeting Date for Apr-�1975 Alderman Slattery requested that the meeting date for the April meeting be changed from April 2, to April 9, 1975, in order that Council members may attend a meeti.ng on Equalization rates held at the Ag Center April 2, 1975 at 7:30 p.m. By Alderman Meyer: seconded by Alderman Slattery RESOLVED, That the regular meeting of Common Council for the month of April be held on Wednesday, April 9, 1975 at 7:30 p.m. Carried On a motion Council adjourned into executive session at 9:50 p.m. Jo ; p h A. R—undle, City CIeFk EdWard J. Conlef, mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. April 9, 1975 PRESENT: Mayor - Conley Aldermen (11) - Barber, Boothroyd, Boronkay, Dennis , Gutenberger, Hamlin, Jones, Nichols, Saccucci, Slattery, Spano ABSENT: Alderman (1) - Meyer OTHERS PRESENT: Controller - Daley Supt. of Public Works - Dingman Asst. Fire Chief - Reeves Planning Director - Van Cort Deputy Bldg. Comm. r Jones Police Chief - Herson Attorney - Shapiro City Clerk - Rundle In the absence of Mayor Conley, Acting Mayor Gutenberger presided. PLEDGE OF ALLEGIANCE: All present were led by Acting Mayor Gutenberger in the Pledge of Allegiance to the American Flag. t7' CZ MINUTES: By Alderman Dennis : seconded by Alderman Barber RESOLVED, That the minutes of the February 24 & 26 and March 5 & 19, 1975 meetings be approved as recorded by the City Clerk. Carried ADDITIONS TO THE AGENDA Alderman Dennis requested the addition of the Audit to the Budget & Administration Committee's agenda. No objections were made. Alderman Jones requested the addition of the Elderly Bus Route to the Budget & Administration Committee's agenda. Vo objections were made. COMMTJNI CA17IONS LETTER FROM ITHACARE, INC: City Clerk Rundle read the following letter: Dear Mayor Conley: We are writing to follow up on Mr. Mark Zwerger's letter to you of January 2, 1975 which included a resolution passed by this council. Nearly three months have passed since that letter and we still do not have city bus service to the Ithacare Center. We now have some additional information which should be of some significance in your consideration of our earlier request. Since February 27, we have had a 10-passenger van from the Economic Opportunity Corp. coming here twice a week providing transportation for Ithacare residents downtown and bringing them back two hours later. To date, this service has been very well used, averaging over 8 passengers each trip and on several occasions filling the bus to capacity. To us, this indicates that the service is needed and will be utilized by Ithacare's residents. Our arrangement with EOC is temporary until the City can provide us with this service. We hope, in light of this new information, you will act swiftly to begin providing bus service to the Ithacare Center. We are eagerly awaiting your response. Sincerely, The Ithacare Resident Council LETTER FROM CHRISTINA MEYER: City Clerk Rundle read the following letter: Dear Common Council: Now that you have the Mall built, don't you think it's time to do something about the traffic lights so there is a smooth flow of traffic? It seems to me that, since you are becoming urbanized and desire passenger traffic , that you would want to make driving in Ithaca less of a problem and hassle than it is at the present time. I hope you are doing something about it. Thank you Christina Meyer Trumansb urg, New York -2- April 9, 1975 Alderman Gutenberger commented that this is under consideration of the whole traffic circulation plan. FIRE EMERGENCY SERVICES PETITIONS: City Clerk Rundle presented a petition signed by 29 Ithaca area residents which stated as follows : Because of the importance of fire emergency services, we, the undersigned, favor maintenance of the present level of budgetary support for the Ithaca Fire Department for fiscal year 1975• I ATTORNEY FOR THE CITY REPORT CASCADILLA STREET EXTENSION: Attorney Shapiro reported that there is- and was a capital project to do some work on Cascadilla Street, west of Meadow Street. A number of businesses in the area asked that the city extend that street as far as the railroad right-of-way. There were three owners that could be determined that owned land in what would be the extension up to the railroad right-of-way. Over a Tong period of time the city -.as n -,«otiated with those people and it is believed that the city could acquire the 'sand a:u this point if Council so wished. The cost would be approximately $3,000 to $3,500. Although there 'axe funds in the project itself still remaining sufficient to cover that cost it would not be enough funds left over to finish the pavement. Mr. Dillon has been very co-operative and very anxious to see that this is done. By Alderman Jones: seconded by Alderman Barber RESOLVED, That this matter be referred to the Budget & Administration and the Planning Board. Carried CONTROLLER'S REPORT ANNUAL REPORT FOR 1974: Controller Daley presented the Annual Report to the Council along with the City Chamberlain's report. By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the 1974 Annual Report and the City Chamberlain's 1974 Annual Report be accepted. Carried LETTER FROM JAMES SALIMINO: Controller Daley reported receipt of a letter from James Salimino, firefighter in which he stated: "With all the publicity the doctors are getting mad at me for all the inquiries about me. If you can do something about it, I am going to ask the Ithaca Journal to keep all stories in Ithaca and to please ask the people not to call the hospital for news of me. I am out here to save my life for my family, not for a vacation." CHARTER & ORDINANCE COMMITTEE PARADE AND PUBLIC ASSEMBLY ORDINANCES: Alderman Nichols reported that the committee has some revisions which were suggested by the Attorney for the City. The Attorney Will draw up a final version which the Charter &Ordinance Committee will then again look at and expect to present this to Council at the May meeting. COMMONS ORDINANCE: Alderman Nichols reported that the Commons Ordinance was revised again. It is still not acceptable and the Charter & Ordinance Committee is not sure that it should be an ordinance. Alderman Nichols asked that the Planning & Development Committee meet with Charter & Ordinance to work onthe Commons Ordinance. AMENDMENT TO ZONING LAW: By Alderman Nichols : seconded by Alderman Barber RESOLUTION OF COMMON COUNCIL INTRODUCING AMENDMENT TO ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING WHEREAS, the Ithaca City Planning Board at its meeting on March 25, 1975, approved study of the establishment of a new zoning district to include the area from the intersection of West Clinton Street with South Meadow Street, west side only, to the Elmira Road and from the intersection of South Plain Street and the Elmira Road, both sides, to the city line; and WHEREAS, said new zoning district will require a minimum setback of ten feet from the public right-of-way for any future buildings to be constructed, April 9, i9 1l BE IT RESOLVED, That Ordinance No. 75-2 entitled "An Ordinance to Amend Section 30.25 of Chapter 30 of the City of Ithaca Municipal Code, and to Amend the Zoning Map" be and it hereby is, introduced before the Common Council of the City of Ithaca, New York, and BE IT FURTHER RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall at No. 108 East Green in the City of Ithaca, New York on Wednesday the seventh day of May 1975 at 7:30 o'clock P.M. , and BE IT FURTHER RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official 'newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior -,o the public hearing. iE IT FURTHER RESOLVED, That the City Clerk shall transmit forthwith to the City 'fanning Board, to the Town of Ithaca Planning Board, and to the Tompkins County 'lanning Board a true and exact copy of the proposed ordinance for their reports thereon. Carried ORDINANCE NO. 75-2 : Alderman Nichols presented Ordinance No. 75-2 as follows : INTRODUCTORY ORDINANCE NO. 75-2 C*�A,,,N ORDINANCE TO AMEND SECTION 30.25 OF CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL �MEE, AND TO AMEND THE ZONING MAP. §E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, =s follows: SECTION 1. AMENDING SECTION 30.25 That Section 30.25, District Regulations Chart, is hereby amended by adding the following district Regulations between those for B-4 Districts and I-1 Districts : In Col. 1: "B-5" In Col. 2: "Any use permitted in B-4 District" In Col. 3: "Any accessory use permitted in a B-4 District" e Col. 4: "Same as B-4" n Col. 5: "Same as B-4►► *.n Col. 6: "3000" In Col. 7: "40" In Col. 8: "4" In Col. 9: 1140►► In Col. 10: '►50%" In Col. 11: "loll In Col. 12: "10" In Col. 13: "5" In Col. 14: "l 5%" In Col. 15: "20 Ft." SECTION 2. AMENDING ZONING MAP That the Official Zoning Map of the City of Ithaca, New York, as adopted or_ February 6, 1974, and with any subsequent amendments, is hereby amended and changed so that the following described area presently located in the B-4 Business District is reclassified and changed to theB-5 Business District. All that area of land shown on said map south of West Clinton Street and South Titus Ave. , generally bordering South Meadow St. , Elmira Rd. and Spencer Rd. , which is currently zoned and designated as B-4. 'CTION 3. EFFECTIVE DATE. t: j ;tis ordinance shall take effect immediately and in accordance with law upon blications of a notice as provided in 8 3.11 (B) of the Ithaca City Charter. ZONING MAP CHANGE: By Alderman Nichols: seconded by Alderman Boronkay WHEREAS, the cornea- lot at 122-124 West Buffalo St. was changed from B-1 to R-3 zoning in the 1974,zoning law revisions ; and WHEREAS, said corner lot adjoins the present B-1 district on West Buffalo Street, in which it was formerly included; and Anri U11EREAS, the Ithaca City Pla y' ng Board at its .me 'wing on March 25, 1975, approved ' the return of *.::e corner lot }:; 122-124 West Buffalo St. . from its present designation of R-3 to its previous design4rion of B-1, NOW THERFORE B-' :T RESOLVED, That this Common Council does hereby direct the City Cler:- to advertise a public hearing on the proposed zoning map change to be held at 7:30 p.m. . on May 7, 1975, in the Common Council Chambers. Carried FLUORIDATION REFERENDUM: Alderman Nichols reported that the date for the fluoridation referendum will probably be set on the date of the fall primary, in September. When that is set the committee can bring in a resolution setting the date. DOGS: Alderman Nichols reported there were some proposed changes in the Dog Ordinance ter,. and they have been sent to the City Judge, Police Chief and the City Prosecutor. POSSIBLE ZONING CHANGE: Alderman Nichols reported there is a suggestion for a zoning change in the northside of the City and the area of the County Court House. This is extremely controversial and will require a lot of study. ' ADMINISTRATIVE CODE: Alderman Nichols reported the Charter & Ordinance ,Committee has done some talking on the Administrative Code and that is very controversial. HUMAN RIGHTS LAW: Alderman Nichols reported that the Charter & Ordinance Committee has not been able to do much on the Human Rights Law but that is a matter of high priority and it certainly should be attended to. RENUMBERING OF LOCAL LAWS: By Alderman Nichols : seconded by Alderman Dennis RESOLVED, That the following Local Laws be renumbered as follows : Local Law No. 6 be changed to Local Law No. 1, Local Law No. 7 be chang ei to Local Law No. 2 of 1975. Carried NOISE ORDINANCE: Alderman Slattery reported that the contemplated Noise Ordinance did have a lot of work on it but it still remains to be worked on before it can be finalized. ELDERLY BUS ROUTE: By Alderman Jones: seconded by Alderman Hamlin jam. RESOLVED, That Mayor and Attorney on behalf of the City be directed to enter into a contract with Town of Ithaca for a four month trial bus run from the Central Business District to Ithacare and out into East Ithaca and the Ellis Hollow Elderly Housing Project, said contract to include deficit costs to be shared 60% town and 40% city, establishment of said bus route for two round trips three times weekly and notification of such by Board of Public Works, trial run is contingent upon town agreement and completion of arrangement with Ithaca College for use of Valentine Place extension;said run to start May 5 and run until August 29, 1975; fares are to be same as rest of transit system and funds totalling $1,417.29 to be included in contingency fund in final budget. Alderman Jones explained that the total cost for four months is $1,417.29 on a 40 - 60 sharing basis even if there was not a single rider for the whole four months the largest amount which the city stands to lost is $567. Anyone who pays their Pare can get on the bus. It is primarily a trial operation to see whether the city is getting to the right place at the right time. On the basis of this trial operation will get more information so that if there should be corrections in points of getting on and getting off or areas of people to try the service, then a new route starting in September will reap the benefit of this project. The City will be using the bus that it Uses when it has replaced one of its main buses which does mean that if one of our four or five existing buses collapses and have to take this bus off to replace one of them then there will not be a run that day; but it doen'st require any new equipment. The costs involved include not only the overtime for one driver but also the cost for gas and oil, and the depreciation on the bus. After discussion on the floor of the Council, a vote was taken on,the motion which resulted as follows: Carried Unanimously Mayor Conley arrived at the meeting at 8:12 p.m. and presided over the balance of the meeting. -5- HUMAN SERVICES COMMITTEE DOG ENUMERATOR: By Alderman Dennis: seconded by Alderman Spano RESOLVED, That the Common Council of the City of Ithaca, New York, hereby elects to cause the dog census for the 1976 to be made by enumerators instead of by its Police Department during the month of October 1976; and that the City Clerk be directed to file a certified copy of this resolution with New York State Department of Agriculture and Markets, Albany, New York, on or before June 1, 1975• Carried POLICE GRIEVANCE PROCEDURE: By Alderman Dennis : seconded by Alderman Barber "ESOLVED, That the Police Grievance Procedure paragraph three entitled Presentation of rievance be changed to read as follows: i citizen who claims a grievance must present their grievance to the attention of the Police Commissioners at the Hall of Justice, 120 East Clinton Street, within three days after the occurence constituting the grievance. The Police Commissioners may waive the three day limitation at their discretion for good cause shown. The grievance shall be submitted as a written statement signed and sworn by the complainant on Police Grievance Form Number I obtainable at the Hall of Justice or the Office of the City Clerk, 108 East Green Street, Ithaca, New York and shall contain the following information: Q-1. The name and residence address of the citizen presenting the grievance. CZ2. Date of occurence. ►r3 The name or names of each police officer involved in the grievance, if known. +. The names and residence addresses of any witnesses to the occurence constituting 0 the grievance. 5. A concise statement of the nature of the grievance and the facts relating of said grievance. ' Carried Attorney Shapiro explained that the reason why there was a police grievance procedure enacted at all was to provide an informal forum for these grievances; there are formal forums available; namely, the Civil Service hearing route. The problem was that was before the police grievance procedure as it now exists and as it will be amended was in effect there really was no informal route to present grievance. The idea was this hould be the informal route. .D HOC COUNTY REC. COMMITTEE: Alderman Dennis reported that the Committee is developing a survey of a profileinventory analyzing the kind of services being offered for use in Tompkins County under the auspiciouses of the Human Services Coalition. A report will be ready July 1. WEEK OF THE YOUNG CHILD: Alderman Dennis reported that letters were sent to all aldermen informing them by the Day Care organizations that April 6 - 12, 1975 is the week of the Young Child. DAY CARE FACILITIES: Mayor Conley commented that he will be going through the Day Care facilities tomorrow at 9 :OO, a.m. and invited the Council to attend the tour. PLANNING AND DEVELOPMENT COMMITTEE COMMUNITY DEVELOPMENT FUNDS: By Alderman Jones: seconded by Alderman Saccucci WHEREAS, the Common Council has approved submission of the 1975 Community Development Application, and WHEREAS, the Common Council has designated Mayor Edward J. Conley to appoint two officers of the City as official co-signers for Community Development Act transitions, and WHEREAS, there is a need to plan and prepare for the implementation of activities to be carried out as part of the City's Community Development Program before receiving the funds, THEREFORE, BE IT RESOLVED, That the Common Council hereby authorizes the Mayor to request 4v"-'n advance $10,000 out of the $426,000 to be received for 1975, and amends the Community development Application by transferring $10,000 from line 17 (Contingencies) to line .3 (Planning and Development) of the Community Development Budget to reflect this ,xpenditure. Carried Unanimously WATERWAYS STUDY APPLICATION RESOLUTION: By Alderman Jones : seconded by Alderman. Nichols WHEREAS, 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 -b- April 9, 1975 WHEREAS, the New York State Office of Planning Services, under authority of Article 26 the New York State Executive Law, is the official State planning agency designated :o administer_ Federal and State funds under the provisions of Section 701 of the Housing > ct of 1954, as amended, now therefore, be it RESOLVED, that the City of Ithaca of the County of Tompkins hereby requests the New York State Office of Planning Services 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 State Department of Housing and Urban Development, under authority of Section 701 of the Housing Act of 1954, a:s 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 the New York State Office Planning Services and the Department of Housing and Urban Development, the City of Ithaca shall enter into a formal agreement with the New York State Office of Planning Services to undertake the project described in the approved application and to provide the City of Ithaca's local share of the total cost of the -said project through the provision of technical and professional services of the Ithaca City Planning Department in an amount equivalent to One thousand, seven hundred twenty-two dollars ($1,722.00) , together with such other terms and conditions as may be deemed necessary and appropriate to carry out the said project. RESOLVED, that it is understood that 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 resoltuion. Alderman Barber asked what was the purpose of this study. Planning Director Van Cort explained that the study intends to look at the waterways in terms of their aesthetic environmental recreational and other development potentials for the city and to try to find ways to maximize that potential in the city. It will be a study that leads to a lot of benefit to the city. It won't necessarily lead to new municipal expenditures; but it is expected that it will lead to a renewed interest in developing parts of the waterways for private enterprise. Some of it possibly will lead to development of the waterways for natural systems. Other kinds of development of waterways that are heretofore either ignored or underdeveloped or forSotten about. The waterways form a very important part of the city. At this point they are not really used to their fullest. Mr. Van Cort pointed out that this money is reimbursable from the federal government. It is not money that the city will have to pay for. 5/6 0-0 reimbursable the other 116 is provided by the city in inkind services , which are paid for in salary lines which are presently existing and presently budgeted. It causes no new expenditure for the city. After discussion on the floor of the Council a vote was taken on the motion which resulted as follows : Carried Alderman Boothroyd arrived at 8:42 p.m. APPROPRIATION FOR WATERWAYS STUDY: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That $10,240 be appropriated from Account #11 Park Reserve to the 1975 Planning Department budget for the Ithaca Waterways study. Carried MCDOUGAL CONTRACT: Alderman Jones presented the McDougal Contract as follows : AGREEMENT, made this day of April, 1975, between the City of Ithaca, City Hall, Ithaca, New York ("City") , and RICHARD J. MCDOUGALL, 528 Stewart Avenue Ithaca New York, 14850 ("Consultant"). City hereby retains Consultant to provide such housing and community development consulting services as shall be specified by the City Planning Director. Consultant agrees to perform such services under the terms and conditions set forth in this Agreement. Consultant shall be compensated for services hereunder at the rate of $4.69 per hour. In no event shall total compensation for services hereunder exceed $4,700.00. _7_ April 9, 1975 In addition, the City shall reimburse Consultant for such expenses as may be necessary for the proper execution of services hereunder, as approved by the City Planning Director. The City shall provide such support staff services as may be required for the proper execution of Consultant's services. Prior to noon on Friday, April 21, 1975, and on each second Friday thereafter, Consultant shall submit to the City a voucher, signed by the City Planning Director, showing services performed by Consultant during the previous two weeks and payment to which Consultant is entitled. he City shall pay Consultant pursuant to said voucher on the day on which said oucher is submitted. The term of this Agreement shall commence on the date hereof and end on December 31, 1975• Subsequent to September 1, 1975, either party may terminate this Agreement on two week's written notice to the other. ,,IN WITNESS WHEREOF, the parties have hereunto set their hands this day of C.g�pril, 1975• zr �.^ BY Edward J. Conley, Mayor D Richard J. McDougall By Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Richard McDougall for planning services in an amount not to exceed .4,700, and S IT FURTHER RESOLVED, That any expenditures for said services be reimbursed from he City of Ithaca Community Development Funds. Carried GREEN WALKWAY: Alderman Jones reported on a recommendation of the Planning and Development Committee concerning the Area Beautification Council Green Walkway proposal. By Alderman Jones : seconded by Alderman Nichols RESOLVED, That this proposal be referred to the Bicentennial Commission for its consideration. Carried ROTHSCHILD SOUTH AURORA STREET PROPERTY: Alderman Jones reported that Planning Department and the Superintendent of Public Works are working on that piece of property next to Rothschil d's store. Mayor Conley commented that he would ask for a policy decision to be made by the Council as far as accepting that piece of property, then asking Planning and the Department of Public Works to make their recommendations for the best possible way to develop that. Alderman Jones asked the Mayor if he was asking for a policy on the acceptance of parcels of land in general in the City. "3yor Conley said he was asking for acceptance of that particular parcel of land ad hopefully once the policy is established the City would accept that parcel of ind. Then they can look through the mall contract or through the Department of Public :)rks for the most economical way to fix up that land. Mayor Conley commented that Uouncil never formally has made an indication on accepting that piece of ground. Alderman Jones explained that it originally was referred to Planning and Development to work out with the Attorney for the City the basis on which the committee might make a recommendation to Council and the process of coming to that conclusion having talked with the Attorney and Mr. Rothschild the committee asked the Planning Department and Board of Public Works how they felt about the City's acquisition of that property. -a- April 9, 1975 Mayor Conley commented that accepting this piece of property is strictly a Council decision. The whole project has been den.lt with at the Council level from start to finish. It never had any involvement from the Board of Public Works or the Planning Department and it is strictly a very simple policy decision from the City. Mayor Conley felt that an indication should be made of accepting the land and then work out plans of how to develop it. Caldwell now owns the land; as it is developed it will be sold to Rothschild; Rothschild at that time wants the City to accept that particular parcel. Alderman Gutenberger asked in what condition would the city receive the land. Mayor Conley felt that it has been the intent of Rothschild and the _ntent of all the discussions, that the city would just accept that piece of property and develop it. Alderman Spano asked if the city accepts it how big a lot is it and how much is it going to cost. Mayor Conley answered 6500 square feet and what had been envisioned the architect on the Rothschild - Caldwell project and the Planning Department is strictly just maybe a concrete area with some different area for maybe trees, shubbery, etc. very similar to provisions made in the mall area. Mayor Conley said the property would be conveyed to the city at no price. The City would pay for any improvements to Alderman Boothroyd commented he had no objection to City taking ownership to that piece of property but hoped in li•r t of the present budget that the spending be kept to a minimum on that property this year. Mayor Conley explained that one of the reasons why he wanted to bring this to a head relatively soon was the fact that the contractor who is building the Rothschild - Caldwell building has to put sidewalks in that area. As long as he is right there putting sidwalks in the area might be cheapest for the City to have them go ahead and make any minor improvements that could be worked up with the Planning Department and their architect. Alderman Jones felt that one of the considerations, one of the concessions which Mr. Rothschild would make to the committee which would definately be part of an +! agreement which Council could ask the Attorney to work out with Mr. Rothschild. If th-e land is given that the long benefit assessment responsibility of Mr. Rothschild on that piece of property shall not be removed. On that basis perhaps Council would be willing to make that recommendation to the Attorney for the City to accept that parcel of land and to include Mr. Boothroyd's suggestion that at the present time that mimiizum changes be made to that particular piece of property. Mayor Conley felt that accepting the land would be a policy decision made by Council. Once that decision was made then certainly the Public Works for drainage purposes and Planning for study purposes should make recommendations on the appropriate development of that particular parcel of land. Attorney Shapiro commented actually in his case the payments that he is going to make in lieu of taxes with respect to the special benefit tax we did not talk about the overall property taxes or in his case the payments in lieu of taxes. It was the Attorney's understanding that whatever the assessed value of that 6500 square feet might be would not be part of his tax bill or payments in lieu of taxes. He is going to pay everything that he would normally pay under the special tax benefit district. By Alderman Barber: seconded by Alderman Jones RESOLVED, That this Common Council goes on record as willing to accept this gift of property from Mr. Rothschild subject to the City developing it at the time they see fit, said gift also subject to whatever conditions might be mutually agreeable with the City of Ithaca and Rothschild. Carried INLET PARK COMMITTEE THEATER PARKING: Alderman Jones reported that the Committee agrees and suppof•ts the elimination of the "Theater" parking as in the original Master Plan, allowing the development of more meaningful nature area, expanding it from the original location and size to the area east and south. Parking originally scheduled for the Ithaca Festival Theater and to be constructed by the state will be eliminated as in item above. Also the "loop" roadway in the northern portion of the park will be "broken" and the area made available to picnickers allowing -9- April 9, 1975 for two parking areas of 50 cars each at the terminus of the park roadway. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this be referred to the Planning & Development Committee and to the Planning Board. Carried ITHACA FESITIVAL LAND: Alderman Jones reported that the 14+ acres of land which has been under lease to Ithaca Festival was returned to the City's control and should so remain. Its use should be recreational in nature (Youth Bureau type) and for this reason { ;e properly graded and planted with appropriate grass. R. O. Dingman should be authorized to negotiate suitable arrangements with the States contractor for the purpose 5f grading, etc. the entire 14 acres while the surrounding state's land is being reveled and seeded. By Alderman Jones : seconded by Alderman Boronkay RESOLVED, That this be referred to the Board of Public Works. Carried TRI-PARTY AGREEMENT: Alderman Jones reported that due to many changes and developments _,and possible new activity in the Inlet Park area, the existing Tri-party Agreement C.Cphould be reviewed by the three parties involved and either new agreement drafted or Lrrevisions incorporated into the existing one. This will, of course, require the xCouncil's involvement one way or another either to ratify the revisions, etc. or approve Qhe new document. By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That this be referred to the Attorney for the City. Carried LETTER OF INTENT - SOUTH SIDE CENTER: Attorney Shapiro read a Latter of Intent that the Mayor plans to send to the South Side Center Board of Directors as follows : The City of Ithaca is interested in the South Side Community Center, located at ,. =;05 South Plain Street for use of= the people residing in the south side in particular Lnd for use as a City of Ithaca Community Center in general. lie City recognizes the value of a facility in which viable programs and needed services can be offered. It is the intention of the City to negotiate terms of a contract with South Side Center Corporation to provide such programs and services and upon an exchange of signed contracts to develop a plan for renovation of the structure at a figure mutually agreed to be practical by the parties to the contract. Attorney Shapiro explained that the city would like to contract with the Southside Center to provide certain services which will be carried out in the Southside Center building itself. Mayor Conley commented that the whole issue of how much should we put into that, what the value monetarily, etc. is something that can be worked out later as we have an estimate from the architect to bring the building back to code. Thane are other estimates of renovation for program uses. Both estimates are talking about the same thing the same space the same provisions. The City does have to have both pulled together so we know exactly what we are talking and we want an opportunity to work with Southside on the figures. This would be done by community development funds. Mayor Conley explained that what we are doing is indicating to the Southside that if it is practical for us to renovate that building that we will in fact contract with them for services for programs that will help that particular neighborhood, and it gives us a chance to look for other forms of funding, and other places to raise money. On receipt of this letter , ,„the Southside Center will in fact agree to convey to us that piece of property so the :ity can go ahead and develop that neighborhood park facility. 3y Alderman Hamlin: seconded by Alderman Barber RESOLVED, That the Mayor be authorized to sign the letter and send it to the Southside Center. Carried Mayor Conley declared a recess at 9 :42 p.m. Council reconvened at 9:52 p.m. -10- April 9, 1975 ENVIRONMENTAL COMMISSION: City Clerk Rundle read a report from the Environmental Commission as follows : The Environmental Commission discussed the development of a swimming area on the lake. Mr. Comerford of Finger Lakes Park Department participated in the discussion and as • result, the commission passed a resolution endorsing the investigation of developing • swimming area on the lake. Mr. Comerford will ask the health department to take water samples and the commission will help contact someone to take soil samples on the marina side of the inlet with the possibility of the State opening a swimming area sometime in the future. In an effort to educate the public as to the function of the commission and to encourage young people to take an interest in environmental questions the commission is sponsoring a contest run by the Conservation Club at Cornell. The contest is to design an emblem and/or a motto to be used by the commission. Winners will be announced at the next commission meeting. Also as an educational effort the commission is encouraging organizations to sponsor young people at the State Conservation camp. At this point there is a possibility Of two camperships. BUDGET & ADMINISTRATION COMMITTEE YOUTH BUREAU EDUCATIONAL ACCOUNT: By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That a trust account be established that shall be named the Youth Bureau Educational Account for accepting monetary contributions for youth educational purposes, and BE IT FURTHER RESOLVED, That the City Chamberlain shall open a bank account for this fund and all money received will be remitted to the City Chamberlain, and BE IT FURTHER RESOLVED, That control of such funds shall be in the hands of Common Council with advice and recommendations of the Youth Bureau Advysory Board., Carried MOVING EXPENSES - CITY ENGINEER: By Alde2=an Gutenberger: seconded by Alderman Spano RESOLVED, That an amount not to exceed $300 be appropriated for the moving expenses of the successful candidate for the position of City Engineer, said amount to be added to the remaining amount in the travel and milage account allocated for interviewing expenses. Carried ROBERT J. HIKES, ES Q. INVOICE: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the invoice for the services of Robert J. Hines, Esquire in the amount of $666.25 be approved for payment. Carried GREEN STREET RAMP CHANGE ORDER FOR PARKING CONTROL SYSTEM: By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That a change order in the amount of $10,872 for the Green Street Parking Ramp be approved. Carried FALL CREEK PARK DEVELOPMENT: By Alderman Gutenberger: seconded by Alderman Dennis RESOLVED, That $1,500 be transferred from Account #11 Park Reserve to Account A7110A-314 Park and Forestry Construction Materials and Supplies for the Fall Creek Park Development. Carried ELEVATOR_ REPAIRS: By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That an additional $3,041 be included in the 1975 budget in Account #A1620A-407 Building-City Mall-Contractual Services for elevator repairs. Carried Olt AUDIT: By Alderman Gutenberger: seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $35,294. 58 as listed on Audit Abstract #4-1 payment. 975 be approved for Carried INTERGOVERNMENTAL RELATIONS COMMITTEE TOWN FIRE CONTRACT: By Alderman Slattery: seconded by Alderman Barber RESOLVED, That the fire contract with the Town of Ithaca in the amount of $136,500 be ratified. Carried OLD BUSINESS SENECA STREET RAMP PARKING SIGNS: Alderman Slattery reported that approximately $500 has been allocated for additional equipment for the Seneca Street Parking Ramp. There are presently two parking signs on the ramp and wondered what had happened with the rest � f the money. .ip't. Dingman explained that there is an additional sign at the foot of State Street 711. All of the signs have not been put up that were originally contemplated. The designs for them are being worked on. The principle problem is the fact that many citizens who normally use our facilities in the Central Business District are not aware of the fact that it costs no more to park in the Seneca Street Ramp or in the Woolworth Ramp than it does to park on the street. There is an additional benefit of not being subject to tickets for overtime parking. Sup't. Dingman suggested perhaps if the merchants in their publicity could be encouraged to push those particular points. That would have a far greater effect on the use of the parking lots. Supt. Dingman explained that it has been suggested that rate signs be put within the building. This :,fan be done, but once a person is in the building, he is already committed. S"� ITY POLICY ON CIVIC SCULPTURES: Alderman Jones asked what happendd to the request for city policy on civic sculptures. Alderman Dennis explained that there has been a meeting and it has been agreed to accept all sculpture, all objects of art. Alderman Dennis commented there will be a report at a later date. NEW BUSINESS MALPRACTICE INSURANCE: Alderman Barber reported that several doctors in the City are contemplating giving up their practice by July 1st because of the 600% increase in .lpractice insurance, which affects everyone if they pay it, it is going to affect ctor bills and hospital. .L;y Alderman Barber: seconded by Alderman Boothroyd RESOLVED, That a letter be written to our governor, representatives in Congress and in the State Assembly to get this thing moving. Carried OLD LEHIGH VALLEY LAND: Alderman Saccucci reported that since the Lehigh Valley Freight Station has been demolished there is cars, trailers, heavy equipment and machinery have been parking there day and night. Several local residents are complaining about this. They are asking if this area is available for parking to the general public or is just a restricted axea. Alderman Saccucci commented it shculdbe posted to specify where the parking is permitted or prohibited. Mayor Conley explained that the Board of Public Works is working out a lease arrangement with the Farmers Market for that area. On a motion the meeting adjourned into Executive Session at 10:42 p.m. J sepli A. Rundle, City Clerk Edward J. 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OouuT�?aTTs J0 0400 agj uT juasoad Up psaT X@TuOO aoxull HONVISH'I'IV 30 HOQH'Id aTpunE - -jaaTO XjjD sTInO - aOloaaTQ gjno)� x00 - IaOUT2UH X410 lIOO usn - aojoaaTQ �uTUUUId uosaall - JaTuO aOTTod Uuut�UTQ - SxaoM OTTgnd 30 • jdnS aansaM - J0T110 OITA ouudS - jojTOIjuOD • Issv sauor - JOUOTSSTWTOD 2UTpTznq - dog oaTdugS - XjT0 aqj aoj XauaojjV .INHSHEd SdHH,IO ouudS `XJGIwsTS ` ToonoopS ` STOgDTN `aOXOW ' sauor `UTTtuuH 9a323aaquain0 ' STUU@a `XUsjuoaoq `pXoagjooq ` aagauq QT) - uatuaapTV XojUoO - IOA'UW ,INHSHdd SL6I ` L kew •w• d OS : L 2UTIOGNT auTnl?aH X2I0� ,�13N 4r0t'H.I.I jo XJTD S9NIQHH00Hd 'IIONf100 NOWWOO -2- May 7 , 197S WHEREAS , Said corner lot adjoins the present B- 1. district on West Buffalo St . , in which it was formerly includod; and WHEREAS , The Ithaca City Planning Board at its meeting on March 25 , 1975 , approved the return of the corner lot at 122- 1.24 West Buffalo St . from its present designation of R- 3 to its previous designation of B- 1 , NOW THEREFORE BE IT RESOLVED, That this Common Council does hereby amend the zoning map of the City of Ithaca changing the corner lot at 122- 124 West Buffalo St . from R- 3 to a B- 1 zone . Carried PUBLIC HEARING Zoning Law Amendment to Set up New B- 5 District Meadow St . Elmira Rd . Area : By Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the public hearing be opened. Carried Alderman Nichols read introductory ordinance 75- 2 that was presented to Council at the last meeting, pertaining to the zoning law amendment . No one appeared at the public hearing to speak on the proposed change . t,^ By Alderman Barber : seconded by Alderman Dennis RESOLVED, That the public hearing be closed. Carried By Alderman Nichols : seconded by Alderman Barber AN ORDINANCE TO AMEND SECTION 30 . 25 OF CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE, AND TO AMEND THE ZONING MAP. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca , New York,' as follows : SECTION 1 . AMENDING SECTION 30 . 25 That Section 30 . 25 , District Regulations Chart , is hereby amended by adding the following district Regulations between those for B-4 Districts and I- 1 Districts : In Col . 1 : "B- 5" In Col . 2 : "Any use permitted in B-4 District" In Col . 3 : "Any accessory use permitted in a B-4 District" In Col . 4 : "Same as B-4" In Col . 5 : "Same as B-4" In Col . 6 : "3000" In Col . 7 : 1140" In Col . 8 : 114" In Col . 9 : 1140" In Col . 10 : "500" In Col . 11 : 1110" In Col. 12 : 1110" In Col . 13 : "5" In Col . . 14 : "1S%" In Col . 1S : "20 ft . " SECTION 2 . AMENDING ZONING MAP That the Official Zoning Map of the City of Ithaca, New York , as adopted on February 6 , 1974 , and with any subsequent amendments , is hereby amended and changed so that the following described area presently located in the B-4 Business District is reclassified and changed to the B- 5 Business District : All that area of land shown on said map south of West Clinton Street and South Titus Ave . , generally bordering South Nleadoi,a St . , Elmira Rd. and Spencer Rd . , which is currently zoned and designated as 13-4 . SECTION 3 . EFFECTIVE DATE This ordinance shall take effect im,:Lcd.iately and in accordance with law upon publications of a. notice �-s provided in S 3 . 11. (I3) cif the May 7 , 1975 [thaca City Charter . Alderman Jones stated that the. Planning F, Development Committee did not approve this resolution and felt. that Council should not vote on this until the Planning Board males a decision. Tabling Motion : By Alderman Jones : seconded by Aldermen Meyer R'i.SOLVED, That this motion be tabled until Council has a recommend- at-lon from the Planning Board. AYES - (6) Hamlin , Boronkay, Jones , ;Meyer , Spano , Boothroyd NAYS - (6) Nichols , Gutenberger , Slattery , Barber , Saccucci , Dennis Mayor Conley asked for a recess to speak to the Planning Director before making a deciding vote on the motion. Mayor Conley voted .not to table the motion. Tabling Motion Defeated Discussion on the Main Motion : Alderman Meyer stated that she wasn' t sure if it was being handled correctly and that the Planning Board should have seen the resolution as it was presented to Council . Attorney Shapiro stated that he understood that the Planning Board was presented with the entire Question and that they had considered the Question. City Clerk Rundle stated that copies of the resolution were sent to everyone that required notification, including the Planning Board. Alderman Nichols stated what she felt happened with the Planning Board was that the), wanted a 10 foot set back requirement in the entire B- 4 zone , instead of creating a new district at this point . Mayor Conley commented that the City of Ithaca has received a letter from the merchants of the Elmira area requesting that we immediately sit down with them and discuss some of the problems of that area, such as maintenance of the roads , cleaning , proper shoulder construc- tion, etc . and upgrading the whole Elmira area. Mayor Conley said this is why he is in support of creating a B- 5 District . Alderman Hamlin remarked that he voted for the tabling motion because it seems to him that there is all together to much confusion as to what the Planning Board did, and what they didn' t do . A vote was taken on the main motion which resulted as follows : Carried Unanimously Lifting of Building Permit Moratorium: By Alderman Gutenberger : seconded by Alderman Boronkay RESOLVED, That the moratorium on building permits in the Elmira Rd. Meadow St . area be lifted upon enactment of the new B- 5 Zoning Law. Carried COMMUNICATIONS Letter from Merchants of the Elmira Road Area : April 18 , 1975 Mr. Robert Dingman Dept . of Public Works Ithaca, New York 14850 Dear Mr . Dingman, In as much as the ?Merchants of the Elmira Road provide the largest single sales tax revenue in the County , provide a. substantial City Real Estate 'Tax Base , as well as provide a source of employment for some six to eight hundred persons , we are an undisputed. economic base . We have for years stood in second place to the other commercial centers of the City . - 4- May 7 , 1.975 The immediate, and primary concern is to have our main North-South Artery of our City maintained. I . Require weekly year around curb to curb sweeping . II . Maintain proper shoulder construction and pot hole repairs . III . It ' s time that the merchants of the Elmira Road were advised of plans of the near and distant future and that such plans for the future are implemented immediate . We the undersigned request a meeting with : I . The Mayor II . The City Planners III . The Dept . of Public Works IV. The Common Council Within ten days at the convenience of the above . The New Elmira Road Association. Irl Mayor Conley commented that he would set up the meeting as soon as it is acceptable with most of the people involved. Q City Clerk Rundle stated that he sent letters per Council request D pertaining to the Malpractice Issue to our Congressmen , Assemblymen , and the Governor . Letter from Tom Niederkorn Pertaining to Revenue Sharing Funds : City Clerk Rundle read the following letter to Council : May 1 , 1975 Mayor Edward Conley 108 East Green. Street Ithaca, New York 14850 Dear Mayor Conley : In December of last year the Center for the Arts submitted a proposal for use of part of the Revenue Sharing Funds assigned to the City of Ithaca. These funds were requested to insulate and heat the administrative section of the Hangar Theater building . A grant of $10 , 000 has been made from Tompkins County revenue sharing funds. to partially insulate the theater ' s audience area . Renovation of the building is now underway and will be largely completed in June . If any funds are to be made available by the City it would be extremely helpful if we could know this before our workmen leave the project . Any information you can provide on our application will be appreciated. Very truly yours , Thomas Niederkorn Chairman-Board of Trustees By Alderman Gutenberger : seconded by Alderman Jones RESOLVED, That this matter be referred to the Budget F Admin. Committee for report at the next meeting . Carried Letter from Ithacare : City CI—Crk Rundle read the following letter from Ithacare : April 25 , 1.975 CoP,i111oI1 Counci 1 City of Ithaca. 108 E. Green Street: Ithaca , New York 14850 Attention : `,Iayor E . Conley , Chairman Dear Mayor Conley, On behalf of the residents , the Resident Council , Board of Director ' , M;iy 7 , 1975 F F the It-"ac:i're `;enter , I 1,.'ou I (i I i !\-0 to Oxl)r(2�;s my sincere for your recotit act ior, in hrii-icin 3 g a l:>us the Ithacare ('efitcr three tiiiies --i �veck on a tri,-il bisis . As I am sure you are L0�%T�) ro- 1"!0 11 a I,,c tried F(-)r ]Tian',' iiionrhs to bring this about , and it i-s roas�uricik, to f i rid tha L, our efforts woro not in vain You have a,,-lain demonstrated your co,,iccrri for the older and handicapped residents of the Ithaca-re Center . 'V,'o all thank you for this . ,iaccrely, M a I'I, R. Zwerger Administrator PERSONS APPEARING BEFORE COUNCIL J" vin Knepper appeared before Council and made the following comments : ,J Honorable, Alderiiicn, Mr. Mayor, I 'm here to talk as the legislative officer of the %7 . F. 111. and to offer a solution to a pressing problem I V 0 which was perpetrated on this community last week . We object stren- uously to the block party that was hola on Dryden Rd. which honored 4 the Vietcong victor), as recorded in the Ithaca Journal and we believe that the permit was given by the Mayor to hold this block party but we don ' t hold him responsible because I don ' t think he knew the purpose of the block party. That type of thin,, is an insult to many of us veterans . We are not going to argue the rights or wrongs of the Vietnam War because veterans do not make policies they just go ' and carry out their responsibilities as responsible citizens of this country. Now there is a way to make up for this and it is incumbent on the City to hop-or the dead soldiers , (50 , 000 of them from the Vietnam War) , and this could be carried out by doing two things ; 1 . the City should make an appropriation to the building of a memorial for the Korean and Vietnam ]gars who died, in. DeWitt Park to be added them whi-ch we are working on and we need -Financial help , and also , any residue of those funds should be used for those poor unfortunate fell is who were wounded in the i-.,ar who will be in those hospitals ?probably some of them for a life time . The rights and wrongs are not our responsibility. But these are citizens of our community who carried out their rosponsibil.-Ity, to make life a little better for the rest of us . Certainly the veterans should always be honored because they gave up a very important part of their lives . I know as a veteran myself, I gave up four of the ipost precious years a young man can have from 17 to 21 to serve my country and so these other fellas have also . Secondly, I hope that through this discussion the mass media who solicited funds for this block party group in that they gave the address in which to send funds '.-or this group , would do us the courtesy and give us the same right to put down the address of the V. F .W. , + to contribute any funding that anyone would like to make . The address is to the V. F . W. , Post 961 , 427 W. State St . Now this is for our people of this community, these are not trangionts , those are people who have lived here all their lives and I think we owe it to them and if anyone wants to make real friendship after a- war and cut clown the divisivcness this is the way to do it . I think-.1 let ' s start off right in this community and give to our dead the honor and to the I veterans the honor they deserve and not dishonor the good that is within these young people . Thank you !Mr. Mayor. By Alderman Barber : seconded by Alderman Boronkay RESOLVED, That this matter be referred to the Intergovernmental Rolatiolis Coi-nriiit-tee , Bud et & Mh,-,in. Committee and the Planning Board to work Out a ,,,.onurrient or contribution to such a monument . Carried �Ijyor Conley commented on the circumstances relating to the block T"Orty permit . lr:i,qm 'r,,-iH,, MAYOR 6- May 7 , 1975 Mayor Conley appointed Marvin Adelman to the Shade Tree Advisory Committee . He is a trained landscape architect and professor at Cornell University. By Alderman Barber : seconded by Alderman Hamlin RESOLVED, That the Mayor' s appointment of Prof. Marvin Adelman. to the Shade Tree Advisory Committee be approved . Carried Mayor Conley appointed Ms . Gay German of 141 Grandview Court to the Environmental. Commission a term to expire De,CeMber 31 , 1976 , and asked Council ' s approval . By Alderman Dennis : seconded by Alderman Jones RESOLVED, That the Mayor ' s appointment of Gay German to the r,rrviron- mental Commission with a term to expire December 31 , 1976 be approved.. Carried Sales Tax Income Figures : Mayor Conley reported that the Tompkins County Sales Tax Figures that this community received in 1.973 was $1 , 435 , 679 . In 1974 , which �+ was the construction year, the figures were $1 , 658 , 432 which was C� an increase of 150 . This year, the first quarter the community �^ received $447 , 234 which is up from the same period last year of $406 , 304 which is about a loo increase . These figures reflect the cost of living increase . Mayor Conley r. eniarked that he felt that the City of Ithaca is moving ahead in sales tax. Over the past four years we have increased our annual income from sales tax from the same period four years ago by a gain of $871 , 450 , plus in the same period of time the real estate tax assessment has increased $4 , 696 , 000 . The income from that with the proposed tax rate would be $89 , 222 . We are receiving close to $750 , 000 in additional income from real estate and sales taxes . ATTORNEY FOR THE CITY REPORT Bus Run to Ithacare - Ellis hollow Rd. : Attorney Shapiro reported that the bus run to Ithacare and Ellis Hollow Elderly Housing Project is running and we have the agreement with the Town and is exceptable with Ithaca College . William Sullivan Lawsuit : Attorney Shapiro reported that Mr. Sullivan has commenced a declar- atory judgement action against the City with respect to the Zoning Ordinance specifically having to do -with the R- 3 zone which permits medical facilities and does not permit other professional offices . N. Y. S . D. O. T. Bill : Attorney Shapiro reported that a bill received from D. O. T. in regards to an arterial project for 1961 and received the bill in late 1974 or early 1975 for $7 , 000 . Mr. Shapiro requested D. O. T. to investigate the bill and found another one where the City should get back some $200 , 000 and they combined the bills and said they would pay the difference . Attorney Shapiro wrote a letter back to D. O. T. objecting to such treatment. Appraisal of Land for Wilcox Press Strip : Attorney Shapiro stated that he reiTiewed the deed and found that the land was conveyed to the City of Ithaca by the Treman Family in 1,918 and it was conditioned uron that if the land was not used for park purposes it would revert back to the Treman Family . This was never :lone by the City and there is questions as to who owns the land . l,'ilcox Press stated that what they would accept is a quit claim deed from the City for what the City owns . Mr . Clo Cal.istri is doinL, an appraisal on this land. ` CHARZ'I;IZ y OR_DINI_l_tiC} COMMIT__TEE loo,? Tns� 1 ,11 ce �niencil,ent_to Zo_ni:i� Ordinance : Al.derm;_111 N i chol s s < <.ted i.hat i:heTCounc l has to advertise a public hearing on the zoning map change and that a complete, desc�l 11 0 1 the use changes and map c}-,«nges for "lie flood plain �:re ,s have to he iiiclud.ed . May 7 1.975- Id dc -1'ilt".In N I o I s 1c(1 d 0 1,01 f 11 S 1)!In o c j t j,o n F r i'lood iiisurince CoLlilcil lhls 1- C1 e C food inlurancc 1)rogr�,,J;l and is novi o C Ic ,C) e and. and se-at t t,11 T)1) i_, .jt4Cjj S t B- I a a ,v c, 0 C; ImEnis L 1"Ition as I r o. I or pp ic a 4"Lon 11ot :idcqtlatc in I ew York S L-a t o , a i i Nei, Yo r1111- St ate i r0c,uire that lg c ji c d to ar.ierld the 'Zonina 0 r J, .Il%znce , and 6iII purpose of the amnnd!,iont is to establish land use and F-�Zlt I'A 1,S) , TI i o Tr - ai id preserve the ai ility and capa- W improve control m .rill easures that 1 impr c'L ,ky of the: fl,)od plain to ,,ril-lis-and the effects of flooding with tho least threat to t1l,'o health , safety and welfare of the inhabitants of the city, THEREFORE, BE 1"' RESOI,V,T--,D, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Clambers , City Hall at No . 108 E. Green Stroot in the City of Ithaca, ,,ew York at the regular June , 1975 , " : '�o o ' clock P .M. m"l-oting at 1313 IT FURTHER RESOLVEED, That the City Clerk give notice of such public ,Aoarina by the putblication of a notice in the official neirspape r and not-ice supplied to the County Planning Board a.ad any other interested party, specifying the time when and the place where such public hearing wil-1 be held, and in. general terias describing the proposed ordinance . Such notice shall be published once at least fifteen Jays prior to the pubiic hearing . Alderman INfichols stated that the application has to be ready by July, 19 71 S . A vote was taken on the above motion which resulted as follows : Carried Ltbac�i Commons Rules Of PrOCCCILIres : Nic.h,ols : seconded by Alderman Borolikkay 11110 pedost (-ian area consisting of the 100 and 200 blocks of Fast State Strect and the 100 block of 0 North Tio-a Street has been deSig-nat-oci by the Coml.-ion Council. as the Ithaca Commons , and V,71-1FREAS , Said Ithaca Com,,ions was included in a special tax benefit U-C f :114strict by resclutioi o the Board of Public Works on March 27 , 1974 , ,q lid P\EAS , Tf-,-e lt�iaza Commons Advisory Board has dotori-ained that an ,-1- L kA Op .rations Manual and certain special procedures and guidelines will be refit; fired for the succossful public use of the Ithaca Comi-iions in Lill"dition to the existing legislation provided for the other public harks , streets , sidewalks , and public rights, of way under the juris-- dictio-n of the City- of Ithaca, Nord TiH'-R F 0W BE UF Ri-SOLVED, That the ComiTfion Council does hereby approve the Ithaca Commons Rules of Procedure . (Copy attached to jitIT.iii'Cle book) . Ordinance No . 75-5 Carried 16r-, of '11.1unicipal Code : A-1(.1 e i­,i.n a:1 Ni (:li(-,,_1 s slecolided by alderman Jones MI.,lo'i CO1111Cil that Chapter ()S of the City 3J, 1T ORDAIN I'D by, the (7 o 11 of Ith,-:i.ca Code shall. he amendod by the addition of the f o 1 [O,,%T I(I� S e C ti 0 n : 65 . 3-'5 Alco'hajlic. 1),overage5 alcohol ic bcvorages be consu,mcd on the Ithaca Coiml)ons except perm�_t the Co-,,,1,1,,O,.­. Council The Ithaca Clo-nil-lions is t-l".0 dc ' -st'l-irin area consist inn of {the 100 and 200 blocks of East State a Street o design;: Led by the St're-c-t 5-�nd -rho 10(l) block o Nor ii Tiog, St t s The effective date would be upon approval of the Mayor and notice be published in accordance with Section 3. 11 (B) of the Ithaca City Charter . Carried CC. hf��fr� ✓= �- �. ' RECOMMENDED ITHACA COMMONS ADVISORY BOARD OPERATIONS MANUAL PREAMBLE The Ithaca Commons is a unique facility which carries with it a unique opportunity to bring new life and vitality to Ithaca's downtown. It is important that the Commons become much more than an attractive com- merical center; it must also be a gathering place and a community focal point where a wide variety of events and activities are permitted and encouraged to occur. Activities which are conducted on the Commons should contribute to the health and well-being of the community and be compatible with the aesthetic and social quality of the space. The overall spirit should be festive and busy but there should also be room for those seeking quiet conversation or relaxation. This is a place designed to be well used by the people of our community; the Commons Advisory Board should act so as to further this objective. The purpose of this Manual is to provide general direction and consistency for Advisory Board operations and to set forth, at the outset, some basic con- siderations and procedures relative to use of the Commons area. It is intended to be a guideline, not a law; it should be changed as necessary to respond to experience, current needs, and attitudes. March 7, 1975 Revised: March 14, 1975 SECTION I. DEFINITIONS A. Ithaca Commons The pedestrian area consisting of the 100 and 200 block of East State Street and the 100 block of North Tioga Street. B. Tax Benefit District That area designated by Board of Public Works resolution on March 27, 1974, and including the Commons as defined above. C. Experimental Use Permit A permit granted for any use or event on the Commons which involves a direct transfer of money through commercial sales, fund raising, subscriptions, promotions or similar activity. i ,2 SECTION II. ADMINISTRATION A. Operations The Ithaca Commons Advisory Board will function in accordance with the following provisions: 1. Board Duties a. To establish a procedure and guidelines for the issuance of per- mits for use of, and activities on, the Commons. b. To review and act on those matters upon which it is authorized to act, as specified in Sections III and VI of this Operational Manual. c. To cooperate with City of Ithaca officials, interested community organizations such as the Downtown Ithaca Business Association and the Chamber of Commerce, and others so as to provide a coordinated, aesthetically pleasing, and smoothly functioning pedestrian area. d. To receive and expend money and prepare budgets. e. To grant limited exceptions, as appropriate and for a temporary period only, to provisions of the Ithaca Commons Ordinance. f. To carry out such other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other recommendations to the Mayor and Council, to other public boards and officials, and to other groups or individuals. as may be appropriate relative to the operation and administration of the Commons and the Commons Advisory Board. 3 2. Members There will be three classes of members on the Ithaca Commons Advisory Board: Official and Ex officio (appointed by the Mayor) and Advisory (invited by the Ithaca Commons Advisory Board). Official members only will be 1 eligible to vote on matters before the Board. 3. Officers The Advisory Board will have two officers, a Chairman and Vice-chairman, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be from the floor with election by a majority of those Official members present at the meeting. 4. Officers' Duties The Chairman will preside at meetings and have such other appropriate duties as may be- assigned by the Board. The Vice-chairman shall assist the Chairman and preside at meetings in the Chairman's absence. If both Chairman and Vice-chairman are absent an acting Chairman will be selected by the Board. 5. Quorum A quorum will consist of 4 Official members (see Note 1). 6. Action Action may be taken by vote of a majority of those Official-members present at a regular or special meeting. 4 7. Meetings Regular public meetings will be held monthly on the third Wednesday at 4 p.m. , unless canceled by the Chairman. Special meetings may be called at any time by the Chairman or a majority of all Official members. Members will be notified of meetings by mail at least 3 days in advance. 8. Review The provisions of this Manual will be reviewed annually and a report thereon, including recommendations for modification, submitted to the Mayor and Council. I NOTE: 1. The quorum was deliberately kept small because of the feeling that It would be essential, at times, for the Board to act quickly on matters before it and due to the particular makeup of this Board, it is anticipated that a majority might not be easily assembled on short notice. The small quorum, we feel, is more satisfactory than an Executive Committee with power. We also feel that the fact that three members of a nine member committee can make decisions for the entire board will be an impetus for better board attendance. 5 B. Permit Procedure In the interest of efficiency and consistency all uses and activities for which a permit is required will be processed in the following manner: 1. All requests for a permit will be submitted, preferably in writing, to the Advisory Board, or a person designated by the Board to re- ceive such requests. Requests will then either be given directly to the Superintendent of Public Works or the Mayor, or reviewed by the Advisory Board, in accordance with Section IV of this Oper- ational Manual. 2. Requests will be reviewed by the Advisory Board at the first regular meeting following their submission and action will generally be taken by the Board within 45 days from the date of initial review. 3. The Advisory Board, or person designated to receive permit requests, may ask for additional information or suggest a personal appearance before the Board to present details of the request. 4. Board review of permit requests will include such things as special 0 conditions which should be placed on the permit, scheduling of time and location of the proposed use or activity, length of time that permit is to be valid, and similar considerations. As a general rule, permits will be approved for a specific date, a specific location on the Commons, and a specific time period. 5. In extreme circumstances, when there is not adequate time to convene the Advisory Board to review a permit request, the Chairman may, 6 with the concurrence of two additional Board members, authorize the issuance of a permit. 6. When a request is approved or conditionally approved by the Advisory Board, the Superintendent of Public Works will be autho- rized to issue a permit subject to any conditions which have been �. imposed by the Board or which he might impose himself. 7. Any permit which has been reviewed and approved by the Advisory Board may be revoked by said Board if the Board determines that the ac- tivity for which the permit was issued is not being carried out in a manner that serves the best interests of the Commons. In such cases the Board should give at least 24 hours notice to the permit holder of its intention to revoke and the reasons therefor. 8. The Superintendent of Public Works will be responsible for proper notification of the police and fire departments when a permit is issued. 9. If a request for a permit is denied by the Advisory Board, which should be a rare occurrence, the applicant should be informed, in writing, of the reasons therefor. 10. Minutes of the Advisory Board should contain a public record of all Board actions. 7 SECTION III. RESPONSIBILITY AND CONCERN • A. Direct The Ithaca Commons Advisory Board will be responsible for reviewing and approving, approving conditionally, and scheduling all matters listed below: 1. Use of Commons for any of the following purposes:* a. Commercial sale of goods or products b. Entertainment c. Cultural, social, and civic d. Religious e. Advertising, promotion, and solicitation f. Educational (except educational recruiting) I 2. Type, size, and placement of private advertising and identification signs on the Commons. 3. Design and placement of public identification and directional signs and graphics in the Tax Benefit District. 4. Design and placement of, and materials used .in, street furniture such as benches, trash containers, banners and flags, kiosks, phone booths, playground equipment and similar items used on public property in the Tax Benefit District. 5. Design, placement, and use of decorations on the Commons. 6. Installation or use of public or private sound amplification and trans- mission systems or equipment on the Commons (except for activities requiring a Class B permit - see Section IV). 7. Public construction, renovation, or demolition in the Tax Benefit District. *NOTE: Use by veterans holding a "Soldier's License" is excluded from these provisions. 8 B. Indirect The Ithaca Commons Advisory Board will review and advise on, but not approve or disapprove, those matters listed below: 1. Type, placement, and amount of landscaping in the Tax Benefit District. i 2. Public lighting in the Tax Benefit District. 3. Private construction, renovation, or rehabilitation of building facades and open space (parking areas, entries, etc.) in the Tax Benefit District, in terms of aesthetic character and visual impact. 4. Public maintenance and repair in the Tax Benefit District. 5. Traffic movement, parking and delivery methods in the Tax Benefit District. 6. General maintenance of order on the Commons. I I I 9 SECTION IV. PERMITS A. A use permit, required for all events, activities, and uses on the Commons, will be issued in accordance with the provisions of this Sec- tion. There will be 5 general classes of permits. 1 1. Class A: Permits for Service and Educational Recruitment Requests for Class A q permits should be referred to, and approved directly by, the Superintendent of Public Works without review and approval of the Advisory Board. Activities and uses included in this Class are: a. Repair, construction, or service vehicles needed on the Commons. b. Delivery vehicles needed on the Commons. c. Educational recruiting by Tompkins-Cortland Community College, BOCES, Cornell University, and Ithaca College. If there is a question as to whether or not a use fits into the Class A category, the Superintendent of Public Works may ask the Advisory Board for recommendation or approval. I i i E { 10 R SECTION IV. PERMITS (Cont.) A. (Cont.) 2. Class B: Permits for Parades, Assemblages, and Demonstrations Requests for Class B permits should be referred directly to, and approved by, the Mayor in accordance with existing City regulations 1 and without review and approval of the Advisory Board. Activities and uses included in this Class are: a. Parades and marches of all types b. Demonstrations and protests c. Political meetings or rallies d. Religious meetings or rallies e. Block parties and street dances. i ;a 11 SECTION IV. PERMITS (Cont.) A. (Cont.) 3. Class C: Permits for Nonpecuniary Coimunity-oriented Activities Class C permits are to be issued by the Superintendent of Public f� Works after review, approval with or without conditions, and scheduling by the Advisory Board or its designee. Activities and uses will not have a money making motive. Included in this Class are: a. Educational (except as covered by Class A permits) b. Entertainment c. Cultural d. Civic " e. Social f. Religious (except as covered by Class B permits) g. Similar activities and uses not covered by another class of permit, i 12 SECTION IV. PERMITS (Cont.) A. (Cont.) 4. Class D: Permits for Commercial Exhibits, Promotions, and Displays Class D permits relate to activities and uses which will not in- a volve the direct sale of merchandise, products, or goods on the Commons. Class D permits are to be issued by the Superintendent of Public Works after review, approval, with or without conditions, and scheduling by the Advisory Board or its designee. Activities and uses included in this class are: a. Displays and exhibits (except as covered by Class C permits) b. Advertising and promotion of commercial events, products, ser- vices, and goods c. Public decorations in conjunction with special seasons or events, 13 SECTION IV. PERMITS (Cont.) A. (Cont.) 5. Class E: Permits for Vending, Soliciting and Fund Raising Class E permits will be Experimental Use Permits and will relate to activities and uses which involve the direct sale of merchandise, products, or goods, fund raising, and any sort of solicitation for funds. An Experimental Use Permit will be issued by the Superin- tendent of Public Works after review, approval with or without conditions, and scheduling by the Advisory Board. Activities and uses included in this class are: a. Vending, sales, or solicitation for profit on a daily basis or for a specific time period. b. Vending, sales, or other fund raising activity or solicitation by a nonprofit organization. c. Outdoor dining and catering. 14 SECTION IV. PERMITS (Cont.) B. Report on permits received and activities scheduled will be made at the monthly meeting of the Advisory Board. 15 SECTION V. GUIDELINES A. Activities and Events While standards and conditions will necessarily have to be determined on a situation-by-situation basis, general guidelines should be pro- _ vided for those who will be requesting permits for use of the Commons. i Such guidelines can be found in Appendix A; they should be reviewed and amended periodically by the Advisory Board. B. Display Panels Display panels located in the three directory towers on the Commons should provide two types of display space: 1. Official Commons Activity Announcements This space should be reserved for use by the Advisory Board to announce activities and dates of events on the Commons and in the community. 2. Public Announcements This space should be available for general public use. Material posted should be of reasonable size and limited to the announcement of public events; it should not include personal messages or po- litical promotional material. Posters and notices to be. displayed should be received, posted, and removed by the office of the Superintendent of Public Works. They should be dated and gen- erally not left on display for more than two weeks. 16 SECTION V. GUIDELINES (Cont.) C. Design Consultation Alterations of the design, physical layout, or basic landscaping of the Commons should not be undertaken until those responsible for the 1 initial design have been given an opportunity to comment on such alterations. 17 ITHACA COMMONS RULES OF PROCEDURE LEGISLATIVE INTENT Certain special procedures and guidelines will be required for the successful public use of that portion of the central business district of the City of Ithaca consisting of the 100 and 200 blocks of East State Street and the 100 block of North Tioga Street, said area having been officially designated b7 action of the Common Council as the Ithaca Commons , in order to assure the safety, comfort , and convenience of all citizens and the maximum usefulness and benefit to the entire downtown area.. 1. Permit Required gales, solicitations, or organized activities as described in the Operations Manual shall be permitted on the Ithaca Commons only by permit issued by the Superintendent of Public Works after review, approval, and scheduling by the Ithaca Commons Advisory Board or its designee. Duly issued Soldiers' Licenses shall not be subject to this provision. No ittnerant vending shall be allowed on the Ithaca Commons. (ref. Municipal Code Chapter 17) 2. Motor Vehicles Operation of vehicles other than emergency vehicles and City- owned service vehicles is prohibited, except by permit issued by the Superintendent of Public Works, 108 East Green Street . (Municipal Code #60-3) 3. Bicycles, etc. Aiding of bicycles, roller skates and skate- boards is prohibited on the Ithaca Commons . Bicycles may be walked to storage .racks provided for that purpose. Wheelchairs , baby carriages, and similar devices intended for the convenience and comfort of handicapped persons or infants are permitted. (Municipal Code Chapter 65.1 et seq. ) 4. Posting Posting of bills or notices or the attachment of any unauthorized devices to any structure of the Commons is prohibited. Exceptions to this regulation shall be the display boards located in the three directory towers of the Commons. Bulletins shall be placed in such display boards by the Designated Authority and shall be removed by such authority after a reasonable ericd of time, to be determined by them. (Municipal Code # 65-.22) 5. Refuse All refuse, rubbish and litter generated by public use of the Commons must be placed in receptacles provided for that purpose. Recessed store entrances , foyers, or other areas within the building lines shall at all times remain the responsibility of the tenants or owners , rtho shall keep them in a clean and sanitary condition. The sweeping or depositing or refuse or other litter onto the Commons is not permitted. (Municipal Code #272 .3 et seq. ) fi P Commons Rules of Procedure -2- 6. Storage No storage of items, material or stock, etc. will be allowed anywhere on the Commons , except by permit issued by the Superintendent of Public Works. (ref. Municipal Code 272.6) 7• Property Damage Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs , or flowers or the defacing or damaging of property is prohibited. (Ref. Code of Ordinances 65.27) 8. Cleaninq and Repairing All users involved with activities on the Commons shall be responsible for the cleaning and repairing to assure that the Commons will be returned to its prior condition previous to such use. Failture to comply with this provision shall result in the City's taking necessary action to clean and repair the Commons and restore it to its prior condition. In such case the City shall bill the user for the cost of such repairing or cleaning. The Ithaca Commons Advisory board if empowered to request a performance bond in circumstances where exceptional costs for cleaning or repairs are anticipated. This provision shall not relieve the City from performing normal, routine clearing and maintenance activities, both on the Ithaca Commons and on the surrounding tax benefit district defined by resolution of the Board of Public Works on March 27, 1974. It is expected that the same level of maintenance will be extended to the entire tax benefit dsitrict as prevails for the Ithaca Commons. (ref. Municipal Code 244.31) 9. Alcoholic Beverages No alcoholic beverages may be consumed on the Ithaca Commons except by permit issued by the Common Council. (gill require addition 65.33) 10. Animals No animals are allowed on the Commons unless they have been specifically authorized by permit issued by the superintendent of Public Works. (will require addition 54.9) 11. Advisory Board The Ithaca Commons Advisory Board will establish a permit procedure to regulate all displays, sales, and other organized activities on the Commons * to amend that procedure as deemed necessary, and to provide for appropriate exceptions to these Ithaca Commons Rules of Procedure. 12. A_peals Any person or group which has been denied a permit to use the Ithaca Commons may appeal such decision to the Common Council of the City of Ithaca. Such appeal shall be submitted in writing to the City Clerk within 10 days from the date of denial. The Common Council may act to sustain the original decision or to revise Ordinance No . 75-4 - 8- May 7 , 1975 Tmendoent to Chnoter 54 irticle I of the Mw0cionj Coin : y on c "--cl 71 -6, BE Q ORDAfNED by the Common Cnu"Cil thst Chapter 54 Article Of the CitY of 1thaca Municipal coic Shoji he amended by the Edditioll Of the following section : P 54 . 9 Animnis No animill-TA allowed on the Ithaca com I''Ors unless they 4ave been Specifically authorized by permit issued by tho Superintendent of Fublic Works . The ithaca Commons is the pedestrian area ccnsistih,,,, Of the 100 and 200 blacks Of East State Sir out and the 100 black of North Tiaga Street so designated by the Common couucil . Carried The effective date would be upon approval of the Mayor and notice he published in accordance with Section 3 . 1] (3) of the 11baca Cit,, Charter, Parking Kepulations Amendment - i -Vep"!T& th" the Parking regulations was passed by Vr the on April 23 , 1975 and referred to the Charter & ordinanco Committee and the Committee has not acted upon that and will report on it neyt month . Para-kle Permit Form Revised : as not oeen tal,ei.j L.p by the Charter & Ordinance Committee and will bo worked on in the next month. Administrative Code : on the Administrative Code . HUMAN SERVICES COMMITTE11-' Art in Ithaca : SP AQ a RESOLVED, That a special committee on Civic Art in Ithaca be referred to the Human Services Committee . Carried Alderman Nichols referred to the Human Services Committee some matte s. that the Charter A Ordinance Committee hns been •iqvolyed in. Dog Fines Increase : Judge 51yTil-7'iquisted that fines for dOgs A increased from 50 , 00 to discourage repeated offenders . Alde7man Boothroyj stated that the Price cannot be charged becauso the Dept . of AgTic . I Markets makes the fine amounts . Bicycje 'Fee increase : AldeANT-51 tail I that the hicYcle fee could be increased anc� the period of registration extondc,& , PLANNING 'AND DEVELOPMENT COMMITTEE By fail, WHEREAS , A Common Council resolution of consent js th, fi,, L , ,p in the application of janos Atsudes , College Spa, to the Alcoholic Bc!vcrage Control Board for permit to allow tho extonjod p-omises Consumption OF alcoholic bevarages; on mho Ithaca Commons , and WHEREAS , Common Council consent is WOW by which alcoholic heworngos may he consumed on the Ithaca Commons , and WHEREAS, A City permit for such activity will ht gr,,t,d 4,, tyo C011090 Spa application has boon r ' . 1 by the Alcoholic oevriago COMMI BOardp NOW THEREFORE BE IT RESOLVY0, ThnL 1LIA Common Ccunci [ giv, to Janes Ats"s of rho C031090 SK in OPPY 0 the "Icobulto Qverap-, Nay 7 , 1975 n�ntrn ! Knavi for a parnQ olljoinn tho entonded pronVses consumption' aC a3caholic haveriSon on ; he 1- It.. 'ii. Commons , and PC ! T FORTH' R RESOLVK0 , That a cecoKied copy of this resolution be sert to james Anscins , CoLlego `pa For inclusion in his application . jlr . Kin KoWdcs Addressed Council : from the A . B . C . Board and in that lericy they Moaned h hot is •xpocted of h3m to get the iiccpse . Pa staced th• t he hNs to h1- vo sumothing in writing in order to go to them for The license . Mr . Atsodes commented that the area he wns talking about would cover Bite feet by twenty-two and a halt- Feet , Fonced off with a heNvy decorative chain , which would be rewporory and taken down during the off season . The Furniture would bo wrought Fran and have umbrellas which would enhance the mall . A service bar Pill be ea the mall and food will be served . Discussion was held as to the walkway around this outside cafe and other problems relming to this action. A vote was taken on the motion which resulted as follows : Carried Memo of Thijerstanding Between Cilly of Ithaca A D. O. T. o­--------0--R0--S—Tommentcd that ch ­­ Rges are in item number 4 , .ud fwan J o only cha and that this section has the consent, of everyone involved. The jist of it is that if thcre is a descrepency in the dollars in the exchange of land that it is the City that will foot that discrepency. By Alderman jones : seconded by Aldorman Barber NOW BE 1T RPSOLVED, That the Mayor and City Clerk be authorized to sign the Memorandum of Uncle rstnKing between the City of Ithaca and tbo D. O . T. in relation to park land replacement for Rt . 96 , and HE IT FURTHER RESOLVED, That a certified copy of this resolution be sent to Mr . James F . Egan , Regional Real Estate Dept; New York State Department of Transportation 333 East Washington Street , Syracuse , Now York. Carried 4 A P [IT i Board : by Aldc-HIad ,)ones : seconded oy Alderman Saccucci RESOLVED, That the 1974 Pi :nn inE Board Report be accepted by Council . Carried Area Beautification Council Resolution : of the resolution. inlet Park Tri -Panito Qjympat : Jones to,ti rced tPut Arl' Shapiro , Mr . Van Cort , Mr . Dingman, herself and other membors of the Planning Dept . are studying the relation of the matter plan to the tri-partite agreement . DeWitt Park Resolution : they had a recommendation from the Planning Board at their April. meeting whIch stated that they would like Council to tnke scme kind of formal action. By Alderman j ones : seconded by Alderman Spano WHEREAS , The PeWitt Park area is a historic focus of civic , govern- mental and cultural life in Ithaca and Tompkins County, and WHEREAS , There exists in the city and county considerable public interest in enhancement of the park and its surroundings while retain - ing as much of its histopic character as possible , and WHERTAS , Throvgh policies and artions the City has demonstrated its lulylitimntc KtoyesL and concern in conservation of irreplaceable absots of particular histovic , cultural , csthetic and civic importance , lund WHEREAS, The entire communjt7 is heneFited when such assets are -10- May 7 , 195 maintained at the highest levels of physical condition and appear- ance , and BE IT RESOLVED, That this Common Council strongly supports respoa5 - sible actions aimed at the rehabilitation and reuse of such structures as Boardman House, the First Baptist Church and the Ol.d Tompkins County Courthouse , in addition to the enhancement of Park area itself, and BE IT FURTHER RESOLVED, That this Common Council through its Plannin- & Development Committee endeavor to work withthe Planning and Piabli.c Works Committee of the Board of Representatives to the end that -these features of our common heritage are conserved and sensitively- ir.co-r-- porated in the development of the DeWitt Park area. Alderman Jones asked for permission to try to sit with the Planning Committee of the Board of Representatives to try to talk to each other instead of writing at each other. Alderman Slattery commented that he had requested a meeting of the 10* Board of Representatives and has, -Ao�t :heard anything back from Lcaem . `C Alderman Slattery said he felt" .teath� Mayor could relate to the tt: y Board of Representatives that w re serious about sitting down with Cr them. C A vote was taken on the motion whi�ch =�c6suited as follows : Carried Mayor Conley asked for a recess at 9: 20 p.m. Council reconvened at 9 : 30 p.m. BUDGET AND ADMINISTRATION COMMITTEE , Adoption of 1975 Bu get : By Alderman Gutenberger : seconded by Alderman Slattery 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 $9 , 204 , 929 in accordance with the detailed budget statement on file in the office of the City Controller, and WHEREAS, Available and estimated revenues total $7 , 211 , 506 leaving $1 , 993, 423 as the amount to be raised by taxation, and WHEREAS, The Assessment Roll for 1975, certified and filed by the Assessment Department of Tompkins County, has been footed and proved and shows the total net taxable valuation of $104, 917, 009 , and WHEREAS, Under Charter provisions, the tax limit for City purposes amount to $3,859,434 for 1975, NOW THEREFORE BE IT RESOLVED, That the tax rate for general City purposes for the fiscal year 1975 be and the same hereby is established and fixed at $19 . 00 per $1 , 000 of taxable valuation as shown, ce-r. ti - fied and extended against the respective properties on the 1 0,75 roll , thereby making a total tax levy as near as may be of $1 , 993 , 423 , and BE IT FURTHER RESOLVED, That the amount of said tax .levy be snrea.cl arcl. levied and the same hereby is levied upon and against the respectj. ,,e properties shown on said City Tax Roll in accordance with their respective net taxable valuation at the rate of $19 . 00 per l , Otl ) of such taxable valuations , and BE IT FURTHER RESOLVED, That the City Chamberlain be and here?» directed to extend and apportion the City tax as above , and th,,i'. opo-r, the coiilplotion of the extension of said Roll the Citv C erk prepare a aaarrant on the City Chamberlain for the col?.F c:t, ors of s,iii ? levy ; and the Mayor and City Clerk hereby are aut:9ori."'Ocl nand d l y 1- to si (;n and :affix the Corporate Seal to such warrant: and for t11wi_r 11 to file the salve with said Roll with the City Ch .:r.borla i.n, Und. -11- May 7 , 1975 I;i' I1' .I�URTHEP. }:ESOiVED , That 1,,pk:)ri the execution and filing of said wal-rant and Tax Poll with the City Chamberlain , the amounts of the City hax set opposite each and every property shall thereby become tax liens , due , payable and collectable in accordance aith provisions of the City Charter and other lai�.s applicable thereto , and BE IT FURTHER RESOLVED, That the total sum of $9 , 204 , 929 be appro- priated in accordance with the Tax Budget as adopted, to the respective boards , offices and departmen-.:- of the City for the purposes respective- Iv set forth therein . The 1975 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and re- sulted in the following valuation : Valuation of Land $ 293, 727 , 320 Valuation of Buildings 225 , 432 , 864 Total Value of Real Property 255 , 160 , 184 Less Value of Exempt Property ISS , OS7 , 08S (610) $100 , 103 ,099 Plus Value of Special Franchises 4 , 813 , 910 Net Value of Taxable Property ' 104 , 917 , 009 Alderman Gutenberger presented the Budget Message as follows :- Submitted herewith is the Budget & Administration Committee ' s recommended 1975 City budget . We have made every effort to minimize expenditures and retain the same level of services for the taxpayers of the City of Ithaca. This process is becoming more difficult and will become more so if the national economy continues its present trend. This budget represents an approximate 15% increase in the total appropriations above the 1974 City budget : 1975 Total Appropriations $9 , 204 , 929 1974 Total Appropriations 7 , 973 , 246 Difference x,231 , 683 The committee recommends this differential as the maximum cutback of expenditure . We made major reductions in the following categories : 1 . Personnel : All departmental requests for new personnel were denied and a number of vacant positions were eliminated. 2 . Equipment : Many requests for new equipment were denied. We asked departments to extend their normal replacement schedules to a maximum economic base . (Police Dept . normal 7 vehicle reduce to 4) . 3 . Travel : Most travel requests were reduced by one-half. The committee feels departments should be more selective in travel to training schools and conferences . 4 . Telephone : All telephone requests were reduced. We feel there are too many long distance calls being made . S . Dues 8 Publications : The committee recommends reductions in all departments and a request that all departments reduce their publications requests . The committee has attempted to prevent a major increase in tax rate . We recognize that some increase is unavoidable due to the continued escalation of cost. To offset the increase in expenditures the committee recommends the following : 1 . Increase our estimated revenues . The committee reviewed the estimates and in some cases felt the figures were too conservative ie : Sales Tax, Parking and Bus . 2 . Recommend 51001000 be transferred from the Water Fund to support t''.e General Fund. 3. The use of $349 , 525 of Federal Revenue Sharing for some of the Capital. Improvements . (Hancock St . Bridge $150 , 000 and Police & Fire Retirement) (It appears as Fringe Benefits : Police & Fire Retirement in the Budget) 4 . The use of $745 , 437 from our Appropriated Cash Surplus of $1 , 093 , 745 leaving a balance in that account of $348 , 308 . (We _recommend the retention of this balance in the surplus account) . - 12- May 7 , 1975 As expressed before , this has been a very difficult budget review and with the anticipated continued escalation of costs plus the need for new monies in future budgets for projects now being constructed we request all departments to make every effort to minimize expendi-- tures for 1975 . Mayor Conley thanked everyone involved in preparing the budget . Letter from William J. Sullivan; Chairman Board of Fire Commissioners : City Clerk Rundle read the following letter to Council_ The Honorable Edward Conley Mayor City of Ithaca, New York Dear Sir: I feel that I would be derelict in my duty to the Ithaca Fire Department and. the citizens of the City of Ithaca, as Chairman of the Board of Fire Commissioners , if T. did not make an appeal to all the members of the Common Council and bring to your attention the effects of reducing the driver complement of the Department (by not filling one Q, position) to one man below the required minimum to operate at full efficiency. At present the Department operates on four shifts which ttr require 11 men per shift . However, we only have 43 men. This has x required the putting "out of service" , for the lack of a driver , one truck for twenty five shifts in the first three months of 1975 . As we cannot a our men for overtime pay (whatever the cause) , we must give time off. Under the present conditions we have built in. overtime , so the only way we can compensate the men (which we are required to do) is to give time off. We have a very good record as a Fire Department . It is run most efficiently and economically. However, I know from personal inquiries that the reason given for one of the top Companies in volunteer response slipping to a place well down the list was having "their" truck out of commission so much. We cannot afford to discourage volunteer response to our alarms in any way. I would like to point out that it was by recommendation of the Board of Fire Commissioners that the Council renegotiated the contract with the Town of Ithaca which resulted in a more realistic payment for services . In the past three years this amount has increased from approximately $32 , 000 to $162 , 000 or about $130 , 000 . Ladies and Gentlemen of the Council we are asking for approximately 100 of the additional revenue to bring the Department up to a minimum strength. It is my understanding that the Finance "Committee is recommending an increase in the tax rate to provide a surplus in the budget next year. As a taxpayer, I feel that the sting of an increase in the tax rate would be more tolerable if it provided essential services than if it provided a surplus in the budget . I would also like to point out that the City is now facing a one million dollar law suit charging inadequate fire protection. In conclusion, I would like to state that the business of firefighting is increasing , and would hope that you would act favorably on this request so as not to handicap us in our efforts to serve our community. Sincerely yours , William J. Sullivan Chairman, Board of Fire Commissioners Alderman Barber asked hoti.T much money was needed to implement the one man. Chief Weaver stated that starting salary was $9 , 000 , plus fringe benefits . Amendment to Buffet to Reinstate Position of One Firefiyhtter : By Aldo, man Barber : seccride�i by Eil ierrnaTi S7.atrcry ---�- RESOLVED, That the 1975 Budget be aii,lended to provide for one more -13- May 7 , 1975 truck driver position in the Fire Department . Discussion was held on the Council floor pertaining to the hiring of this position and the addition of personnel . A roll call vote was taken which resulted as follows : AYES - (7) Spano , Saccucci , Hamlin, Slattery, Barber , Boronkay, Nichols . NAYS - (S) Gutenberger, Dennis , Boothroyd, Meyer , Jones . Carried Alderman Saccucci stated that his consitutents would not mind paying higher taxes but they would like to see more police protection due to the increase in burglaries . Alderman Hamlin commented that the revenues for this year are less then they were for last year, the estimates for revenues are very conservative . He continued to say that the cash surplus of $366 , 000 was an unnecessary surplus for next year. Alderman Hamlin felt that $120 , 000 of that surplus would bring the tax down to what it was last year. Amendment to Budget to Increase the Amount of Appropriated Fund Balance : By Alderman Hamlin : seconded by Alderman Barber RESOLVED, That Council increase the appropriated fund balance by $120 , 000 and bring the tax rate down to $18 . 00 as it was last year. Alderman Boothroyd spoke against the motion in that the surplus is needed so that the tax rate won' t have to be fluctuated each year when you budget the income to the limit . Alderman Hamlin remarked that he does not believe in the philosophy of taxing people this year -for an anticipated increase next year. Mayor Conley pointed out that the City has a limit that they can charge on taxes . Alderman Nichols stated that we have a large bonding item for down- town development and she felt that the City taxes are the biggest bargain that people have with the Fire protection, police protection, garbage pick-up and clean streets . Alderman Hamlin pointed out that he was a budget officer for 17 years and it was a budget about. three times this size and we never had as much as a million dollar surplus . Alderman Gutenberger remarked that the $745 , 000 surplus is what helped this years budget . A roll call vote was taken on the amendment which resulted as follows : AYES - (3) Saccucci , Hamlin, Barber NAYS - (9) Spano , Gutenberger , Dennis , Boothroyd, Slattery, Boronkay, Nichols , Meyer, Jones . Motion Defeated Tax Stablization Fund: By Alderman Hamlin : seconded by Alderman Barber RESOLVED, That $366 , 000 be appropriated to the tax stabli-zation fund. Alderman Slattery stated that whether it is a surplus or a tax st:bl.ization the City is still using it for the same purpose . Alderman Hamlin commented that he firmly believes that the public has a right to know what the City is spending money for and when you .gold buck and don' t declare your surpluses it should be put someplace where people can soe it . -14- May 7 , 1975 A roll call vote was taken on the amendment which resulted as follows : AYES - (6) Jones , Meyer, Hamlin , Saccucci , Barber, Boronkay NAYS - (6) Dennis , Nichols , Gutenberger, Spano , Boothroyd, Slattery Mayor Conley voted nay to break the tie. Motion. Defeated Alderman Hamlin commented that City of Ithaca does not hold a public hearing on the budget and the information presented to the public is not well itemized. A Vote . on the Adopted Final 1975 Budget as Amended: AYES - (11) Spano , Saccucci , Gutenberger, Hamlin, Dennis , Boothroyd, Slattery, Barber, Boronkay, Nichols , Jones . NAYS - (1) Meyer Carried Audit By Alderman Gutenberger : seconded by Alderman Spano RESOLVED, That the bills audited and approved by the Budget & Admin- istration Committee in the total amount of $27 , 580 . 05 as listed on CC Audit Abstract #5-1975 be approved for payment . Carried Moratorium on Hiring : By Alderman Gutenberger: seconded by Alderman Jones WHEREAS, On December 18 , 1974 this Common Council passed a resolution declaring a moratorium on hiring personnel without review of Council , and WHEREAS, With the adoption of the 1975 Budget this Council established the number of personnel for each department , and NOW THEREFORE BE IT RESOLVED, 1 . That the resolution adopted on December 18 , 1974 declaring the moratorium on hiring personnel be rescinded. 2 . That City Departments are authorized to hire personnel as set forth in the 1975 Budget. Carried Alderman Gutenberger thanked Mr. Daley, Mr. Spano and the members of the B. & A. Committee for their time and help in the past 7 months . NEW BUSINESS June Meeting Date Change : Mayor Conley asked Council to change the next meeting date to the second NYednesday in June instead of the first . By Alderman Boothroyd: seconded by Alderman Dennis RESOLVED, That the June 1975 regular meeting date be changed from the 4th day of June to the 11th day of June , 1975 . Carried Stewart Park Dead Limbs : Alderman Saccucci reported that the dead limbs in Stewart Park are really a menace and the public is complaining. ?Mayor Conley stated that he would transmit that to the D. P.W. Caldwell Extension of Finances : Alderman Hamlin asked what happened to the extension on getting finances for Caldwell . Mayor Conley stated that that should be discussed in executive session . On a motion the Council adjourned regular meeting at 10 : 27 p.m and went into executive session. Job ph �. Rundle , City CLex�k dward J. Co cy , flay r COM14ON COUNCIL PROCEEDINGS City of Ithaca, N.Y. Regular Meeting 7 : 30 P.M. June 11 , 1975 PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Dennis , Gutenberger, Hamlin, Jones , Meyer, Nichols , Saccucci , Slattery, Spano OTHERS PRESENT: Attorney for the City - Shapiro Fire Chief - Weaver City Controller - Daley Supt . of Public Works - Dingman Planning Director - Van Cort Chief of Police - Herson Deputy Building Comm. - Jones City Clerk - Rundle PLEDGE OF ALLEGIANCE Mayor Conley led all present in the Pledge of Allegiance to the American Flag. Mayor Conley asked all present to remain standing for a moment of silent prayer in memory of Alderman Slattery' s father who passed away this past month. Resolution - James C. Salamino By Alderman Gutenberger: seconded by Alderman Spano WHEREAS, Death removed from our midst , on May 22 , 1975 , Firefighter James C. Salamino, who had served as a Firefighter for the Ithaca Fire Department of the Ci`y of Ithaca, New York continiously since November 16, 1970 , and WHEREAS , he expressed sincere loyalty to his position with the field of fire fighting, his knowledge of Ithaca , its citizens and the many and complex problems that daily come to the attention of the Fire Department . Further, he was highly respected and considered a valued member of the Fire Department , and WHEREAS, It is the sense of this Common Council that Firefighter James C. Salamino gave unselfishly of his time and efforts in the pursuance of his duties ; and that his devotion to his duty in the field of fire fighting 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, NOI. 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 gamily. Carried Alderman Gutenberger asked for a mordent of silence in memory of James C. Salamino. I,IT=S By Alrnan Barber: seconded by Alderman Spano RESOLVED, That the minutes of May 7, 1975 be approved as recorded by the City Clark. Carried P;,T3LIC HEARING - Flood Amendment to Zoning Ordinance Or i ance iNZo. 75-5 AN ORDIl—,11-`E AN ENDING CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE By Alderman Nichols: seconded b•.� Alderman Slattery BE IT ORDAIINTD AND ENACTED BY THE CDj1\10N COUNC:.IL OF I`HE CITY OF ITHACA, NEW YORK AS FOLLOWS: 1. That Chapter 30, Zoning Law, is amended to include the necessary definitions and ate.;vl wt.♦..i va.� a��... aJ.I LL— L\• t,..♦\. ♦ .. .., - �.♦a a.♦. ♦aJ 11�1C. . 1:1 L.11 . L iVVll 1 J.\l t1 \..L".1i 14 11 11..t+. �2- d June 11 , 1.975 2 . That the official map provided by the Federal Department of Housing and Urban Development is hereby adopted. 3. That this section shall take effect immediately and in accordance with law upon publication of a notice as provided in Paragraph 3 . 11 (B) of the Ithaca City Charter. F Alderman Nichols explained the map was prepared according to the instructions of the Department of Housing and Urban Design, the Planning Board and Charter & Ordinance Committee both do not find that map exceptable , but it is required that we pass it herewith. The other map shown was prepared in accordance with their direction namely that we may interpret and inforce the map they give us to our liking until they provide another map . The latter map was prepared by the Planning Department , the part in light blue is the area we consider Flood Zone , the area that is in purple is on their map but we do not consider the Flood Zone and we do not intend to enforce the restrictions in those serials during the period that we are waiting for the new map . The new map is promised in two months . °d- Mayor Conley asked if anyone present wished to address Council on the Flood Insurance Amendment . L No one appeared before the Council . Public Hearing Closed By Alderman Jones : seconded by Alderman Boronkay RESOLVED, That the public hearing be closed. Carried Amendment Alderman Hamlin asked the Attorney for the City how the resolution could be worded so that it would not have to be enforced, while waiting .for HUD to make up its mind. Martin Shapiro, Attorney said that as he understands the resolution and the ordinance is required, that we pass it , as a matter of it being passed. It is supposed to be passed tonight , actual enforce- ment of a zoning ordinance or any parts thereof leave alot to be desired. Sometimes parts of the zoning ordinance already on the books could be enforced somewhat better than they are . The question of enforcement and adoption of this resolution are two separate issues . Alderman Nichols and perhaps the Planning Department have a feeling for this and knows exactly what they are doing, also for instance in the town of Newfield recently there was an article in the paper and there was a legal 3d in the paper, where they passed a zoning ordinance just as a first time thing , they don' t even have any zoning out there . Absolutly with no intention of doing anything out there, it is a requirement laid down by the Federal Government it does seem rather ridiculous that they have forced it upon us and I think this is about the only procedure that we are left with. May-or Conley said at the Conference of Mayors there was a session on this , where two main speakers , the head man in the New York State Department and also a man was there from the Federal Government explaining this very situation at that meeting. At the meeting Alderman Meyer raised the very question that Alderman Hamlin is asking now. The answer was given to her that because of the time pressure and because of the inadequacies of the maps they had, they just arbitrarily drew maps knowing that it was not going to meet ally of the problems facing communities , however the areas that they did indicate certainly did cover all of the flood areas and more . They also made that ruling that the local municipality would be able to enforce it anyway they saw fit until the second or future maps which are forthcoming in the next two months , which the Mayor does not hold clot of hope for. When the maps do come, that is something that will be more enforceful and it would also give the municipality an opportunity to add. their input of what the maps should be . The State man was admitting that there was no way to really put in detailed -3- June 11 , 1975 maps , they had to put in something , because of deadlines , so they did it this way, knowing municipalities could make their own deci- sions locally, and then further maps would be forthcoming, to give us an opportunity to add our inputs . Alderman Meyer commented that it would take some time to get the people of the communities to finalize this map . But there was indication people were frustrated because they are asked to pass legislation which is demanding. Alderman Nichols said there is a scape hatch and that the Board of Zoning Appeals has the absolute authority on all such questions and they can declare any area flood zone or not flood zone , according to law. Alderman Hamlin declared that he wants the intention of the Council spread upon the minutes of this meeting . Alderman Meyer said she thinks that in terms of the credibility of our Federal Government that when people are sitting in a situation in Washington and they are not being precise enough, and they make decisions that effect our lives ; we need to give them something back that makes their decisions more accurate. Amendment Resolution By Alderman Hamlin: seconded by Alderman Jones RESOLVED, That the above resolution be passed as stated under protest. Carried COMMUNICATIONS Sisler Letter City Clerk Rundle read the following letter from Carol U. Sisler: May 1 , 1975 Mr. Joseph Rundle City Clerk City Hall E. Green St. Ithaca, N.Y. 14850 Dear Mr. Rundle : I personnally have made arrangements to purchase from Mr. Leo Wells the property he owns at 423 E. Lincoln St . in the city. . Last year this property was zoned P-1 from what it had been - R-3. I would like to have the zoning changed back to R-3 as soon as possible. My intention is to maintain the exterior of the structure with some improvements as it is now but to build four one-bedroom apart- ment units within the structure . Therefore , it is important that this be done soon because of the one year limit which the building commissioner spoke to me about . Please read this letter ^t the upcoming city council meeting this month. Thank you. Sincerely yours , Carol U. Sisler 209 Valley Rd. Ithaca, N.Y. 14850 -4- June 11 , 1975 By Alderman Jones : seconded by Alderman Meyer RESOLVED, That the letter from Carol U. Sisler be referred to the Charter and Ordinance Committee , and report back to Council at the July meeting. Carried Kasprzak Letter City Clerk Rundle read the following letter from Gregory Kasprzak: May 28 , 1975 Common Council City of Ithaca 108 E. Green Street Ithaca, New York This is strictly for your information. The actions we have re- commended in my previous correspondence to you through Alderman Anne Jones , are listed in the attached memo . I believe the first four items have been disposed with by the council ' s action when G reviewed by them. Item number five is no longer valid since it has already been resolved. Gregory Kasprzak Chairman Inlet Park Committee Underwood Letter City Clerk Rundle read a letter from Peggy T. Underwood as follows : June 6 , 1975 Common Council , City of Ithaca c/o City Clerk Ithaca, New York 14850 Sirs : The Downtown Business Women would like to call to your attention some problems we feel are arising concerning the "tow away" parking zones in the central business district . It has been brought to our attention that many people are parking and being towed away in the tow away zones without realizing that the zone exists . Many of these people do not see the signs stating the tow away times because the signs are -not facing the parker or the sign is too many spaces away from the parking meters for these people to realize that the area applies to the space they have parked in. Downtown Ithaca is a lovely place to shop and we feel the unpleasant reaction to car towing is certainly not the image Ithaca should present for our own residents and especially for out of town visitors . The Downtown Business Women would like to suggest that the markings for the tow away zones be studied with respect to their placement and visability. Perhaps you could consider marking each meter with a small sticker that would advise the parker of the town away area and hours involved. Sincerely, Peggy T. Underwood Ithaca Downtown Businesswomen -5- June 11 , 1975 By Alderman Jones : seconded by Alderman Barber RESOLVED, That the letter from Peggy Underwood be referred to the Planning and Development Committee , Mr. Robert Dingman, Supt. of Public Works , and Chief of Police , James Herson. Carried Petition to Common Council for Correction of Assessment Roll City Clerk Rundle presented a petition for correction of the Assessment Roll from Thomas G . Payne , as follows : PETITION TO THE COMMON COUNCIL CITY OF ITHACA FOR CORRECTION OF ASSESSMENT ROLL To the Common Council of the City of Ithaca, Your petitioner, Thomas G. Payne , Director of Assessment , Tompkins County, N.Y. pursuant to the authority of Section 554 of the Real Property Tax Law does show to your Board that in the City of Ithaca Assessment Roll filed in May, 1975 that , 1 . Tax Map Parcel 46- 3-19, 515 N. Tioga St . was placed in the taxable portion of the assessment roll , Whereas the same should have been placed in the wholly exempt portion. 2 . Tax Map Parcel 63- 5-2 , 412 College Ave . was placed in the wholly exempt portion of the assessment roll , Whereas , the same should have been placed in the taxable portion with a value of 99 ,400 . I therefore petition your Board to correct the said Assessment Roll as shown above. The undersigned of the County of Tompkins does depose and say that he has read the foregoing petition and knows the contents thereof; that the same is true to the knowledge of the deponent except as to matters therein stated to be alledged on information and belief, and that as to those matters be believes it to be true . State of New York County of Tompkins Signed Thomas G . Payne Division of Assessment Subscribed and sworn to before me on the llth day of June , 1975 Joseph T. Conley Notary Public By Alderman Gutenberger : seconded by Alderman Barber RESOLVED, That Tax Map No . 10-63-5- 2 , 412 College Ave . , owned by Cornell University, was erroneously assessed in the exempt portion of the City Tax Roll , whereas the same parcel should have been assess( in the taxable portion of said roll at , land- $30 , 240 , total land and 7 buildings $165 ,650 , exemption $66 , 250 , making a total taxable value $99, 400 . RESOLVED, that this correction be made on the tax roll , and the City Chamberlain be authorized to send Cornell University a 1975 City Tax Bill in the amount of $1 , 888 . 60 . Carried By Alderman Gutenberger: seconded by Alderman Barber RESOLVED, That Tax Map Number 10-46- 3-19 , 515 N. Tioga 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 $13 , 500 , i -6- June 11 , 1975 exemption $13, 500 , total taxable value $0 . This parcel having been purchased on land contract by Gruup Homes of Tompkins County prior to March 1 , 1974 . Carried Letter from Dept. of Transportation City Clerk Rundle read a letter from the D.O.T. as follows : May 21 , 1975 Mr. John Russell , Comptroller Office of the Comptroller Ithaca Transit System Ithaca, New York 14850 Dear Mr. Russell : My September 13, 1974 letter directed your attention to Chapters 1070 and 1071 , Laws of 1974 , which mandated the establishment of C" Emergency Transportation Plans . That law provides that any Trans- portation Authority, city, or county providing public transportation shall prepare and publicize a plan to be followed in the event mass transportation services are discontinued due to a labor dispute , fire, accident , flood storm or any other emergency. Since that time , only four Emergency Transportation Plans have been submitted. I encourage those Transportation Authorities , cities and counties u that have not yet submitted their plans to do so as soon as possible. There has been some question with regard to the need for counties "within the geographical territory of any transportation authority" to prepare such plans . Our interpretation of the law is that if the plan for the Transportation Authority is of reasonable detail for the included counties , the one plan prepared by the Authority would meet the intent of the legislation. Once again, I urge you to undertake the preparation of this plan, if you have not already done so, and to complete and submit it to me expeditiously. Please contact Mr. Kenneth W. Shiatte , Director of our Development Division, if you need additional guidance . Phone : (Area Code 518) 457- 7664 . Sincerely, Raymond T. Schuler Commissioner By Alderman Jones : seconded by Alderman Gutenberger RESOLVED, That the letter from the Department of Transportation. dated May 21 , 1975 be referred to the Planning And Development Committee of Council and the Board of Public Works Transportation Committee . Carried ' PERSONS APPEARING BEFORE COUNCIL a Dr. Alvin Knepper, 100 Fairview Square came before the Council and spoke on the problem of employment of Vietnam Veterans . He then suggested the following things the city can do to help these veterans . 1 . List your really good job openings with the State employment Veterans service office , the New York State Division of Veterans Affairs , or with Alvin Knepper, the employment officer of Post #'961 . 2 . Consider earmarking certain jobs for disabled veterans , placing i 17- June 11 , 1975 a decal on your window saying "we hire the disabled" isn' t going to make it . Dr. Knepper suggested to list a disabled veteran preference for specfic jobs . 3. Campus veterans are in desperate need of part-time employment Employers should consider split jobs for students , student veterans need a flexible work schedule , at the regular rate of pay for that position. 4 . If you are looking for someone to do a dead-end, menial , non- productive job, forget the Vietnam Veteran, they have done enough of that type of work. But if you have a challenging, productive , meaningful opportunity, requiring the skilled, responsible disciplined inovative , mature person then hire the Vietnam Veteran. S . If you still judge a person by what it says on his or her training certificate , or college diploma; remember that those people with the right credentials may have proven themselves only on paper, but the Veitnam era veterans have proven themselves in life, and deserve priority. Dr. Knepper. told Council of the problems of the Vietnam veterans in ' finding employment . Resolution of Commendation - Dr. Alvin Knepper By Alderman Barber: seconded by Alderman Saccucci RESOLVED, That recognizing Dr. Alvin Knepper has served the veterans of our community both in the legislative and employment fields and has received both state and national recognition in this regard, and WHEREAS , it is only right for his own community to also recognize his untiring efforts , THEREFORE , BE IT RESOLVED, that the Common Council of the City of Ithaca expresses its gratitude and commendation to Dr . Alvin Knepper for what he has done and is doing for both the living and dead veterans and their families in creating unity while breaking down the walls of divisiveness throughout our City and County with unselfish dedication and without regard to his own well being. Carried Bly Alderman Boronkay: seconded by Alderman Barber RESOLVED, That the Common Council of the City of Ithaca, N.Y. supports and wishes to comply with Dr. Alvin Knepper' s suggestions to help employ the Vietnam Veterans . Carried Discussion was held on what could be actually done to help the veterans . Lynn Taylor, 136 Hudson Street Lynn Taylor of 136 Hudson Street came before Council to speak on the Bill of Rights which would protect the rights of ithaca ' s Homosexual citizens , brought before Council three months ago . She said there has been no Nord on it since it was sent to the Charter and Ordinance Committee . Ms . 'Taylor asked what the question was in guarenteeing someone ' s constitutional rights and that is all we asked. v1s , Taylor also talked about the importance of the passage of the bill . _g_ June 11 , 1975 Alderman Nichols commented that her committee is working on the Bill of Rights . Mayor Conley explained the hold-up as the Committee only meets once a month and the Council will do everything it can to bring a. resolution back to Council for full Council consideration . Mayor Conley assured Ms . Lynn Taylor that the bill is not being buried. Anthony Falesek, 319 Eddy Street Anthony Falesek of 319 Eddy Street appeared before the Council to present the Collegetown problems , and tell Council about the Collegetown Beautification Council . Mr. Falesek commented that the City could help with some of the problems of Collegetown, because the City collects revenue from Collegetown. He said his committee would like to plant trees around Collegtown, put billboard kiosks around, bicycle racks , large litter recepticles , improve the lighting (Dryden Road) , and fix alot of maintenance problems (broken. sidewalks) . Mr. Falesek presented a timetable , ASAP-more litter containers , make sure sidewalks are repaired, kiosks for handbills , CC (_Alderman Boothroyd donated kiosks) , garbage can houses , in the near future - trees , park, ASAP - lighting situation corrected. Mr. Falesek said that his committee would like to cooperate with Council to get Collegetown straightened out . Mayor Conley commented that he would like to hear from the merchants and see cooperation from the Council to get something going as was done on State Street . John Gould a Collegetown Merchant , said that he would like to see some action taken seeing as he has asked for some garbage cans a year ago . Bob Johnson, a Collegetown merchant said he has been there some time and he has seen several plans come and go, he feels that the College- town Beautification Council should be wholeheartedly supported. Alderman Dennis asked for support of the merchants and Collegetown . Alderman Nichols said there were some things done ire Collegetown, more frequent garbage pick-ups . Mayor Conley suggested that some of the Alderman and Planning Committee talk to Cornell in helping Collegetown. Alderman Hamlin commented that he would be very interested in participating in this project . ADDITION TO THE AGENDA Parking Meters Alderman Boothroyd presented to Council a petition from the Sth Ward, 3rd. District property owners , to the Charter and Ordinance Committee , against parking meters in that neighborhood of Thurston Avenue . Youth Bureau Trust Fund Alderman Gutenberger requested that the subject of the Youth Bureau Trust Fund be added to the Budget and Administration part of the Agenda. Alderman Jones asked that under Planning $ Development Committee , the resolution A- 2 of the Agenda be deleted. Mayor Conley' s election, to President of the N.Y. S . Mayors Conference Alderman Saccucci congratulated '.Mayor Conley on his appointment to the office of President of the N--w York State Conference of Mayors . The entire Council applauded Mayor Conley. -9- June 11 , 1975 ATTORNEY FOR THE CITY REPORT Attorney Shapiro said that he was pleased with the onset of the Article 78 proceeding , Beam Travel Agency vs the City of Ithaca ,the sign ordinance was being questioned, it has been decided in the City ' s favor, that the signs be taken down. Attorney Shapiro drew to the Council ' s attention that William P. Sullivan has commenced another action against the City, a Article 78 proceeding based on the denial of a variance , at the May BZA meeting . Mayor Conley called a recess at 8 : 55 p .m. Council reconvened at 9 : 05 p.m. CHARTER AND ORDINANCE COMMITTEE Parade Permit Ordinance Alderman Nichols presented the Parade Permit Ordinance . By Alderman Nichols : seconded by Alderman Barber II . Ordinance No . 75-6 AN ORDINANCE AMENDING CHAPTER 65 Article IV 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 : Section 1 . That Chapter 65 Article IV Assemblages , Parades and Motorcades in Public Places is hereby repealed. Section 2 . That a revised Chapter 6S Article IV is hereby substituted. in the place of the previous Chapter 65 Article IV entitled Assemblages , Parades and Motorcades in Public Places . Section 3. This ordinance shall. take effect immediately and in accordance with law upon publication of a notice as provided in Paragraph 3 . 11 (B) of the Ithaca City Charter. Discussion took place on the floor about the responsibility of parade permits ; who should have the final action on them. Police Chief Herson pointed out that any decision made by his department pertaining to approval or disapproval could be inter- preted as police action and. not representative of the community. A vote was taken on the original motion which resulted as follows : Carried Addition to the Municipal Code Alder,main Nichols stated that she is laying on the table a small audition to the Municipal Code , which was lef-t out when the 'Munici- pal Code was codified; the other sere✓ices that are performed by the Department of Public Works , and charged to the property owner are legally listed as being able to ccllect the money. PROPOSED LOCAL LAW NO. OF THE YEAR 1975 CITY OF ITHACA Amendments to Article 5 Section S-33 of the City Charter A Local Law amending Section S-- 33 of the City Charter BE IT ENACTED by the Common Council of the City of Ithaca as follows : Section 1 : Article V Section S- 38 of the Ithaca City Charter enacted -10- June 11 , 1975 by I..oc.al Law No. 1 , Section 1 , of the Laws of 1938 , and as re- numbered by Local Law No . I of the Laws of 1974 , as Article V Section 5- 33 is hereby amended. to read as follows : Sec. 5- 33. REMOVAL OF RUBBISH, 1,9EEDS , VEGETATION. (1) The board of public works shall have power , by rules and regulations , to require the owners of private property within the city of Ithaca to cut , trim or remove brush , grass , rubbish or weeds and upon default may cause such grass , brush, rubbish, weeds or other materials to be cut , trimmed or removed andthe expense thereof shall be a charge against the owner of said land, provided that at least five days ' prior notice , to be given in such manner as the board may determine shall have been given to such owner requiring compliance with such rules and regulations . Such rules and regulations may designate an officer or employee of the board for the purpose of carrying IR11 into effect the provisions thereof. cc �r (2) Any expense incurred by the board pursuant to the aC provisions of this Section or Chapter 272 of the Rules and r� Regulations of the Board of Public Works shall be collected in the following manner : Such expense shall be a. .lien upon the property to or for which such services we-•e furnished or rendered and shall be collected in the same manner provided for the collection of city taxes , and when they remain unpaid shall be added to the annual city t"—x on the property to or for which. such services were rendered. Sec . 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. B-1 District - parking meters Alderman Nichols said that her committee voted at a meeting and asked the Planning Board to except , and they have excepted , a project to study the 400 block of N. Aurora, N. Tioga , the 100 block of Sears St . and the 400 block of N. Cayuga St . with a view to determining the uses , the existing variances , any violations of the existing zoning law and any recommendations they may wish to make concerning the future of that section of the City. Alderman Nichols said that the Charter and Ordinance Committee is suggesting that the Charter & Ordinance Committee not transmit any requests for changes in the Parking or the metered zone until the Planning Department has made that study. Administrative Code Alderman Nichols commented that her committee is working on the code and will attempt to present it to Council at the July meeting . Publications of supplements to the Municipal Code Alderman Nichols reported that the Charter and Ordinance Committee decided to update the changes on an annual basis . Lumberyards Alderman Nichols reported that the committee is working on a better definition of a Lumber Yard, and that the committee would work with the Fire Chief. -I1- June 11 , 1975 :ext Meeting of Charter F, Ordinance Committee Alderman Nichols asked when the Charter & Ordinance Committee could get together for their next meeting to work on the Adminis- trative Code . It was c'ecided to be Monday, June 17 , 1975 . Public Access to Records Alderman Nichols reported that the City Clerk is working on this matter, involving fens and confidential records . HUMAN SERVICES COMMITTEE Civic Art Alderman Dennis presented to Council a resolution on Civic Art . By Alderman Dennis : seconded by Alderman Boothroyd RESOLVED, That all works of art offered for donation to the City be accepted with the following guidelines: a) That the cost of site preparation necessary for placement of the object be the responsibility of the donor , or as stip- ulated by contract between the donor and the City. b) That the cost of maintenance be the responsibility of the donor, or as stipulated by contract between the donor and the City, and that if any work is allowed to deteriorate from its original condition in a manner not specified by the artist the City may remove and dispose of as it pleases without penalty, and further that a work should be removed only when in the opinion of the Planning Department , its state of deterioration renders it no longer of benefit or potentially harmful to the city. c) That the offered work of art not be potentially dangerous , in the opinion of the Planning Board. B1: IT FURTHER RESOLVED, That the Planning Board in consultation wi_tll potential donors make recommendation to the Board of Public Yi,'arks on locations for works of art . BE IT FURTHER RESOLVED, That the city attorney be requested to p-repare documents insuring the City' s right to remove and dispose of works as provided above Note : The Committee is recommending acceptance of all offered works b:eca lase it "feels t ?. chalces 3')out art would be the sl?bj ective j LtdgIt?ents of a selection committee, influenced by the taste of the times. The ju.dg ent of even the best committee might cause the city to refuse works which might be considered oui. of style L->ut of 1a.st4ng merit. Alderman Meyer presented a friendly to the abo ny amendment re 1 solu%iG3I that the proje t be removed only after final approval of the Common COLtnC:Lj Ve ;ti u;, taken on the oricrin".1 motion it'l tine friendly amendment i�-hich resui.ted as follows : Carried Ad Hoc County Recreation Committee ''.Iderman Dennis reported that the committee has sent c,ut a question- 1-1,11 -re to t�;e various a.t enc.ies for ideas on a county ccl,prehensive recreation committee . .,'UJerman Dennis spoke on ti-e items that the Human Services comI3littee Etas r)een ,gori:i.ng on in :he last mon th. t11u. rman Dennis told the C'out.eil that the next iwee;ting of GIAC titi-ill be June 23 , at 7 : 30 p .m. -12- June 11 , 1975 PLANNING & DEVELOPMENT COMMITTEE Community Development Commission - Local. Law #3 - 1975 Alderman Jones presented. Local Law No . 3 of the Year 1975 . Alderman Jones said that it is necessary for the Mayor to certify that in order to expedite the imi)lementation of the Community Development T)rogram in the City of Ithaca. This tales care of the seven days during which this should have been out to the Councilmen. Alderman Jones asked the Mayor if he would certify that the Council will put Local Law # 3 on the Council floor tonight , that he will certify accordingly, and that if after it is passed that there will be a. public hearing . Mayor Conley said he would certify accordingly, because of the emergency situation . Mayor Conley explained that there was an Ad-Hoc Committee appointed by Council , first we were looking for it to be an agency . Because of timing , we were not able to develop that agency and send it to Albany, so therefore we developed a Commission. The Commission is to be made of the five people now se1-v4!n,2, on the Ad-Hoc Committee . The Ad-Hoc Committee can not spend funds that the Council is responsible for , the Commission can . Eventually , as our Urban Renewal Project is complete the members of the Urban Renewal Comnmittee will resign , as their job is done , the Federal Government has recommended to us that we do not close out Urban Renewal , for the perogatives that it has . We will bring that agency under that particular. commission . We. also felt that we should persule through the legislature , a Community Development Agency specificall-"r to handle the Community Developi-,ient .Federal Grant . Mayor Conley also mentioned developing an Industrial Development Agency, so that our Community Development Commission will have under it , Urban 4 Renewal Agcncy, industrial Development Agency, and Community Devel- opment Agency; then we would have a complete development team. L, The Commiunitv, Development Commission could not buy, sell land , or do anything without Common Council Approval. just as the Urbar, Renewal Agency. Mayor Conley explained that the funds will come about the 1st of Ju-Ly, he wants to create an official commission now because the Ad-Hoc Committee can ' t work as an official city committee . Mayor Conley said the Mayor can ask for resignations but the person removed will sit until the Council makes a re-appoint- ment . Mayor Conley told the Council the pending appointments to the Community Development Commission : Mr. Stuart Stein, from the Board of Public h1orks and Planning Board, Alderman Anne Jones , from the Common Council , Mrs . Barbara 11hispell , rep-resenting the Ithaca Housing Authority, and Mr. Lloyd Street , a member at large (Mr . S4 Street is involved with the Southside Community, and South �de Board) , and Mayor Conley. These appointments are for five year terms . Mayor Conley said all expenditure of funds has to have Council approval . Resolution Community Development Commission LOCAL LAW No. a of the Year 1975 A Local Law of the City of Ithaca amending the Charter of the City of Ithaca to provide for a Community Development Commission and superceeding any Local Laws , Charter and City Code provision incon- sistent therewith. By Alderman Jones , seconded by Alderman Dennis BE IT ENACTED by the Common Council of the C41-Z.v of Ithaca as follows : SECTION 1 COM IIJNTTY DEVELOPMENT CO'INITSSION -13- June 11 , 1975 Legislative Intent In order to plan and implement efficiently the elegible activi- ties of the Housing and Community Development Act of 1974 in the City of Ithaca a coordinated effort is necessary. Since these activities involve several city departments , other agencies of local government , and other governmental bodies , a high degree of communi- cation and coordination are required. The general intent`: of the Community Development Program is the improvement of the quality of life in Ithaca through such physical , social , other developmental activities as may be specified by the Commission and approved by the Common Council . These activities are generally derived from the recommendations in the City ' s Community Renewal Program prepared in 1972 . Furthermore , efficient distribution of the Community Development funds , or any other funds pertaining to community development , to other bodies including , but not limited to , the Urban Renewal. Agency, Board of Public Works , or private groups , is required. Establishment of a permanent Commission will provide the mechanism for the implemenation of these goals . Establishment of the Community Development Commission The Common Council of the City of Ithaca hereby creates a commission which shall, be known as the City of Ithaca Community Development Commission (the "Commission") , said Commission to be in existence for a period of five years from the date this law is filed with the Secretary of State . Membership The Commission shall consist of five (5) members , with the Mayor as Chairman . Four (4) other members are to be appointed by the :Mayor, with the a;,,prova.l of Council by a two- thirds vote . Members can also be reriov,ad by a two-thirds vote of Council . Any - reside-lit of `he City of Ithaca shall be eligible to be appointed a member of the Commission. Of-Ei cers , meetin s and committees The Mayor shall be tae Chairjuan of the Commission. All meetings of the Commission s -,=9.11 he, recc)rded and the Commission shall adopt rules ai.d procedures _for its Teetings . It shall keep accurate records of its meetings and activities and small file an annuai report . Pourc_=rs and duties of the Commission The po.tiers and duties of the Col-aiiilssion shall be to : 1 . Advise Common Council on ; iat:ters o z cominunl ty development , iric_1.uding but not limited to ; th05e act _vi .y.es specified as eligible ac-iv_-ties under the Housing and r 011li?liisi.i%y i:,C:Vt;?_GpnErlt Act Of 1974 . 2 . Prepare annLTally the City ' s a ?plica`:ion for Community Devescpn,ent Block lurar(ts , and otiies gr,-Tits pertinent. to community development , subject: to the approval of Common Council. and the Mayor , :3 . RecomTnei.cx 01_sfribi.it.; .oti of th(� un-imuniLy Di:v'3 (�pT!tAiit funds Within the budge._;C as approved- by C�`)�:1P10I). Cauncit in the annual a.Ii1) cttioil . !"he Cclamissloii will also recomP.iend dlstrlbutlon of other fuiids as may he approved by Common Council . 4 . Conduct such studies and surveys as ma.y be deemed necessary to the carrying-out of the Commission ' s function. C Se(n'R *he cooperation of ogler governmental or bodies and fundin7 froiri other governmental and private sourcc,s as ?i }' be deemed necessary to the COTi HiiSSl(??1' S aCtiviti S . - 14- June 11 , 1975 6 . Prepare and maintain reports , ;;laps , publications , etc . , necessary to community development . 7 . Carry out such other duties as may be assigned from 4-4.pi- to time by Common Council . Reports The Commission shall submit an annual report to the CoriT,0I Council not "later than the first clay of April of each year, con- cerning the activities and work of the Commission and from time to time shall submit such reports : nd. recommendations as may be required to fulfill the purposes of this Chapter , to conform t;,i.th the City Charter . Budget The Commission shall submit to Con?rnon Council a. request for funds including , but riot limited to, the funds specified in the City ' s annual Community Doveloprrelit application, including all allocations for the services performed by members of other City departments . Compensation and Expenses The members of the Commission shall receive rio compensation for their services but may be reimbursed for reasonable and nec,:ssai°v expenses incurred in the performance of their duties within the appropriatii.ons made available therefor . Construction This chapter shall be deemed an exercise of the pacers of the City of Ithaca to undertake community development: activities to improve the quality of life on b--ha.lf of the present and future inhabitants thereof_ . This Chapter is not intended aad shall not be deemed to impair the powers of any other public corporation . SECTIONT 2 ENACTMENT This Local Law shall take effect immediately after filing in the Office of the Secretary of State and shall expire five (5) years -from the date of said filing , unless extended by resolution of Common Council . A roll call vote was taken on the above motion which resulted. as follows . Alderman Spano . . . . . . . .yes Alderman Boronkay. . . . . . . yes Alderman Saccucci . . . . .yes Alderman Barber . . . . . . . . .yes Alderman Boothroyd . . .yes Alderman Slattery. . . . . . .yes Alderman Hamlin. . . . . . .yes Alderman Nichols . . . . . . . .yes Alderman !�Ieyer . . . . . . . .yes Alderman Gutenberger . . . .yes Alderman Dennis . . . . . . .yes Alderman Jones , . . . . . . . . .yes (12) AYES Carried jgintncents ; Conmmunity_Deve-lopn?ent Commission By Alderman ;utenberger : seconded by _41der•man Dennis RESOLVED, T?cat the following appoiTitments be made to the Community Development. Commission : -15 - June 11 , 1975 Itlayor Conley, Chairman Alderman Anne Jonos , Chm. Planning t, Development Committee Mr . Stuart Stein, Representative of Planning Board, and B. P.W. 111rs . Barbara W11-lispell , Representative Ithaca Housing Authority Mr . Lloyd Street , 202 Fall Creek Drive , member at large . Alderman Boronkay asked what would happen when the terms of office expired but the Community Development Commission terms were not over . Ma;Tor Conley said that someone whose term expired in the B . P.W. or etc . would be asked to resign from the Community Development Commission . Other discussion was held on the floor regarding appointments . Alderman Ha?alin asked if Mrs . Barbara Whispell was an employee of the City Architect . Mayor Conley replied that the City does not have an architect , that Mrs . Hhispell works for Mr. Neiderkorn, an associate of 1,1r. Egrer . Alderman Hamlin questioned the conflict of interest if Mrs . Whispell voted to hire an architect from the firm for which she worked. Mayor Conley said it would be a conflict of interest if Mrs . Whispell voted for an architect from the firm for which she worked, she would - have to disqualify herself from voting . Alderman Hamlin asked the Mayor if it wouldn' t be better to get someone else from the Ithaca Housing Authority. :Mayor Conley commented that he would like to leave Mrs . Whispell on the Commission. A vote was taken on the above motion which resulted. as follows: Carried Ccrlmtlr. i± , Development ,`area. By Alderman Jones : seconded by Alderman Hamlin lk,THE`REAS , The City of Ithaca has been authorized $1 . 7 million in Community Development funds and has prepared an application for $426 , 000 for 1.975- 76 , and WHEREAS , the Community Development program is modeled after the Community Renewal Program prepared for the City 01 Ithaca in 1972 , and NTI-11 REAS , The Ithaca. `irban Renowal. Agency upon completion of Project I,:umbor I , will be directed by the Mayor and Common Council to implement the CoIII,n:oiity Development program, and WHEREAS , an Urban Repe-wal Plan must be prepared in order for the Urban Renee-al Ag--ncy to undertal,,e this i.I:Iple;aentation, and such Urbaii Rcnel,,ral activities will s efficient assist �n the er..ic ant .Ise Of Comraunit.y Deveiopiiient_ funds for projects as _ipprovod by CO?l',Inc3 it i,C)i`. 1R li , and IVHEREASi CoriTon Council must i-nitia.to the preparation of the Urban T'e-n-wai Ps«n b,.,- the ma':ing of certain findings and recommondatiorts . THE':E ORE , 3EE IT REQ0TVED That -h- Cc?melon Council of the City of Ithaca hereby dosign -cos. the portion of the City indicated on the at t.achF:d 1)I-vp) : '_`;ch �r(oa i)as ca_I ly coterminous wit:`i 010 Community R'onow-,l Prcl:—a—,i a,--,c, 'Llund-ries , as su- ble for tit"'jai, renewal action, Crider the basic p )i l )s(�rtiy of the Cclri lur.ity Renei-:al P- ogram, and rTL'Ri'HP,It Br I i' L;SOI,(f}I', rho t. Common Ccunc i 1 fi�Zds t'r"te above- rlil 1.0Tl.e(, -1-r. 7s I)i: '.itt (� f2I1 a �.r'i�tfi�'r()(1. a. -(--, ride b�I-is , ha-ed on I'.1 : C1-1C!t'!ci� I''1Pl su T'l,%c,v O 19 i` % ltiI'(1C1? fO!.'lld c pprOxi- T(1t:c I )0' o1" i.tle diol 'll. ling un-its to be deF`— iont , poor, Or very .00i con(t A nil , 3;id blued On OttlFr E'TI\'1rOnmeIll a.I. factors SIICh as iiLOi;l-1)%'tiL) 8 1.a11Ct uses VI- -1 i. blig}it , LInhC' I.11i1;J COI1cj1_"11o71S , and of:"iier factors %0iich make the res:idonti«1 envi.ronlllent of the desig - nated aroa less than ide- l . Carried -16- June 1.1 , 1975 Transfer of Funds - COYIIIIIUT)itZ' DCV01OPTIent Applic_--I.tion By Aldcrraan Jones : seconded by Alderman Gluten[-,erger 111"111",REAS , the Community Dcvclopimont Application )-jas, heetx apTP-rovcd N by the Department of ilousing and, Urbait Development , and WHEREAS , the Ccntyact with H.U . D. does noL reccgnize o,,,-r 1_,micndnlent -4 to the a p p I I c a t I o n of Ap,r i I 11 , 1975 removing $10 , 0 0 0 for I' Lhe 4 OS advance from Coritingenc-L to Administration I)ecausc of _T administrative error, and 4 W111"REAS , H.U. 1). has _,nstead. $10 , 000 out of our Administrative. line for the advance , aad 0:1 T ( Lthaca i),-_-eds to replace $1.1 , 000 in the AJI­I.rI.iS_ trative line for the housing rehabilitation program , THEREFORE , IJF TT RESOLVED, That the amendment of April- 11 , 1975 be- Itil recinded and instead the a0plication by transferring $10 , 000 from Cont-ingenciies (line 17) to Administration (line 14) of the rr Community Dave-lop'melit Budget . Carried Meeting with Mr . Bonner , Development of Lai-ids Alderman Jones told. Council of the request by Mir . Banner For the City and Town Of T-ClIaCa to discuss that area of recreational land between the Ithaca High School and Boynton Jr . High, there ti,;ill be a meeting of Alderman Slattery , Alderman Dennis and Alderman Jones and, the Town of Ithaca i,'Titn 'Mir . Banner , Tues . the 17th at 9 : 30 in Mr . Banner ' s cafeteria at the Ithaca High School . Leave of Absence - Rosalind Wi'lliaras By Alderman Jones : seconded by Alderman Nichols RESOLVED, That Rosalind Williams be granted. an unpaid leave of absence from jukly 21 , to Aupust. 1 , 1975 . August Zikakis Chevrolet , Purchase of Cit-Y Property Alderi-,-tan Jones reported to Council that the Planning and Deve1I '..)rT-, eT,'_t Committee will report back in July concerning the ZikakJis purchase of City property, after Finger Lakes State Parks recommendations are TCCOiVOd. Elmira. Road By Alderman jones : seconded by Alderman Dennis RESOLVED, That the desi gn of the El-iilra Road (1975 Capital Project) ILI be divided into two parts with the Planning Department doinD the area analysis , design and making its recommendations to the B . P .W. who will in turn arrange for the Engineerin1c, design and its iraplemon-- tation. Mayor Conley explained tll,at the Elmira Road merchants and the Cin, met and disCIISSed SO�11-0 Of "CiI0 ] MMcdiate h.ousehold cl can i7ir, 117) C, I I and the long term goals of the City with the hlmi-ra Road area. A Vote was taken on the - above inotion which resulted as follo-v.'S : Carried 7� 0 Cacca,dilla Street 1 X t n 4 (,,n By Alderman Jones : secondcd by Alderman Saccucci. tj-,4 S COM,,Ion CC),,-',ICj - loelS i.t is. in the best intorcst.; of - 17- June ll., 19 7 S tl" e city to open up access to the Inlet for the benefit of the enure community, and :1.11EREAS , funds do exist to compete the 80 foot extension of Ca.s- ca.dilla Street from th..�t already completed as far as the railroad tracks , and WHEREAS, 'Title to 'the abutting lands must be cleared a.r1d acquired, aIld WHEREAS, the City is reluctant to expend dollars to acquire the neede .l land at this time , NO1'I THEREFORE BE IT RESOLVED, That the Attorney for the City be directed to negotiate frith the abutting property owners an equi.'table method by which the land needed might be deeded to the City for the completion of the 80 foot extension of Cascadilla Sheet to the railroad tracks , A\1D BE IT FURTHER RESOLVED , That the Attorney for the City report back to this Common Council at its July meeting if possible . That in the event that the lard can be acquired 1.11thout cost tc the City. The Attorney may accept the land and the project be continued by the Board of Public Works . Carried Bikeways Aldorman Jones asked for information on the Bikeways Study. A:h.d-rnlan Mi yer reported that the Enviroiirieihtal �.Oilll'II i.on requested :hat some action be made on the Iiike ;ars , so that at lchst some fazo of inlplerlI��ntation may take place in the next John C.omE h""lord 1 S ikJl'iC:i;Ig on a T716:eW�lyS Study to conch-c t a] 1 the. State Parks , alhd the Environmental Commission is asking t},e City to do its part then this will tie into Mr . Coin(--'--k-Fo-)r d I s work . Display board Alderman Jones discussed t,lhe recommend-ation of a Display Sloard by h_. }"­�tlr.:;.r:g a.-1d Development Committee . By Alderman JGTies : secondod by Alderm.an S accucci 1'A;S0TT/ L Th.-it t D s ,_<1 Board C ro Council C1-a:hOo be >� , �3 a 1 :ice� ; arc for onu t I, ,�.r< <,�.h I' ,zcr red i:o the Depa"i 'nlent of ublic Vior4-s for desi n and )_Inple- I1� :::at:LOIh. Ca-r i e COM.\[:T:SSTON dr,rman 1M eyer reported that tle F.nv-irf) el tat Coma i-ss."ion 11as moved a waak oiI'ni,'ssi.on to a i,caitry _oi- J.� ..s�ih The—'- arc iia.ns for oCi?.ic;1t`, :l Ono 1 pi'O rai-nS , tthe .k'ro1)1e).1S (J L.1 "i, 111 SitoW Ck:',`!')Val , D_ ---W,-1y_`i , YruS t: Gi3Si?OS17. , Sb1lflill.l;a ?.t1 :1)8 13-�CG , :3IhC1 f_ ?Y)-_: uses !�:e Cc?]"II!].SSL?n ,,s sond ng a bo,r . to a co;.cSt;'''✓ati0 Camp . 1D AT)!.:. ,T C O M i'TT"E l' 4- LudgC't Lderl?tan `_econClc.d !.),v A.1de ,oan Dennis That trio Bud et ;llendar rc)r tike 197fi City 'Bud?et be FL t' 1 T (r r� r.T D T` Th'i. .t.7 a 'Chc ;'v..._ ;' (ice t .t: C: it bo, �0;1u,lv:I V l.a.il. 1.7r. ��o aci , o : 9 ?o C-o�)):' n �i� �"Lf' 1._J lJ I , (::C7)l:hLi?F`d } lhE', ner+.' uriClCr.­i- calendar tG 1oUI1��.-hl li 1 0 1.1 0 W June 11 ) 197.5 BUDGET CALENDAI' DEA00%,' 1 , Capital project rcqucsts submitted June 15 to Planning Department Review by City Gontrol2or 2 , City Cohtroi7ar notifics bends o,' July I adminintrativc units in writing 04--' the necusv0y for aHd form of estimateF of revenues and expenses for the ensuivg fiscal year. 3 . Capital Project requcsts submitted to July 1 � the Capital Project Review Committee to 4 . Departmon budget requests and Capital September 1 Project Review Committee reconsiderations tr Q= submittad to the City Controller and Common Council 5 . Preparation and filinZ of tentative October 15 budget with Mayor , Common Council and City clnrl` 6 . Review and preliminary alteration of Prior to December I tentative budget by Budget and Administra- tion Committee 7 . Notice of public hearing on tentative At Least 5 days budget prior to hearing 8 . Public Hearing December 15 9 . Adoption of budget by December 31 Discussion was hold on the floor regarding the new budget calendar . A vote was taken on the orginal motion which resulted as follows : Carried Center for the its hangar By Alderman Gutenbeyger : seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk be authorized and directed to enter invo an agreement with the Center for the Arts in ithaca for winterization of the Hangar. Said agreement not to exceed $S ; 838 . 62 . (1l) AYES 1 Abstention - Boothroyd Carried Molly Byrdsio1_1 Pormnpent 'Appointment By Alderman Gutenberger : seconded by Alderman Nichols RESOLVED, That Molly Beardsley be permanently appointed Senior Clerk id the Finonce Deparment at a salary not to exceed $6 , 169 per annum . Carried. Tuition for Woodworking Courno at T03 By Aldorman Gutenheyger : scconded by Aldorman Spnao RESOLVED , Thpt the sum of $242 . 75 bu pnid to 701 for pnyment cc tuition anJ fecs for one stuicut aF recommended by the Youth BunnM! Bo2rd. Such funds to he paid from the Youth Bureau EducallOws ! -19- June 11 , 1975 Trust Fund , Carried Audit By Alderman Gutenberger : seconded by Alderman Dennis 1 RESOLVED, That the bills audited and approved by the Budget and Administration Comm..i_ttee in the total amount of $46 , 01 . 57 as listed on Audit Abstract 46- 1975 be approved for payment . Carried INTERGOVERNMENTAL RELATIONS COMMITTEE Alderman Slattery reported to Council that Alderman Spano and himself went to the County Board meeting this morning , discussion was about two monuments ; one for the Vietnam War Veterans and one for the Korean War Veterans , the possibility of City-County cooperation. Alderman Slattery said there were questions raised as to the ownership and responsibility of the ,Monuments . Alderman Slattery said there would be another meeting about the monuments on July 21 at 8 : 00 p .m. at the V. F.W. Hall . Greater Ithaca Area �Inter_go�rernmental Relations Study Committee .Alderman Slattery reported that AldermaI jones , Alderman Hamlin, Dick T"r'ODSte:i , Dave Curtis and himself have been meeting to try to develop a Greater tilica ilit^:,i InteI'- g()l%'E'T':1P.'iC',Iitla.-L Relations Study Comnittec , it will consist of seven to tti:';,lve member = . They are looking for people to servo on i:h_lt co1?;ii! ttee . A.tl -Hoc sew or Committee A(.do ma;l Slattery reported on the progress; of the committee of which lit, i3 is i.-jeen Iliade Chairman. City Fla, rlorrc;an Slattery co mmanted i;h:{.-I_ the City of Ithaca does not have 7 flag , and it would be nice if the the time the 131('E'ntenlal Cele- bration we had a flag . 1:.i ,rman Nichols said the Bicontenial Commission is meeting tomorrow night and she would bring it up to them. rFiti?ll.i i, IIeI l'ipt)(?illtliiF=llt Mayor Conley lej ugg es ted, that at tonight ' s meeting of Council he would __ kc to appoint A_ JUSt:x)Ci S_, L'iipo_, i)f- 01. North yiE'adi:i"d Street , c1 volunteer of the Dire Stacion 6 , is ;1 fire i.rmmi st1Ii r o , � By ..I:.iC',;.ma l Barber :er : secondc by Alderman an sua)throyd RESOLVED, That Mr . Joseph Shippos , remijing at 311 Horth Meadow SLTsct , a voLv itieer of Firc SnUun 16 , he ap lni_nLed to Lhe Fire om :1 i `',S l ner3 s for a three year term , to expire DTI june 30 , 1973 , k,i! ecti"vo :_TuJ-y 1 , 1975 . Carried .:SCE! s: de Center - Renovation Mayor hI)",.E C-'.y ci.:Sked if the C.gner l_.nt3l.ract was sa4rposed to he brought up at Uig mcetirl . Qv W C000Y .;0 ld that the Ad Hui Community 71e ;o o )me 4. Committee l r 1 i i o n i g . . the o 1 ( L1 "-t )1 I s h a contract with Ai %G1 _gIa r fur Plans for the rE ova t ioa of the Snuths _ do Ceo ter . Pl :1nI] Qg Direccor Tan Coro, i'ef orked that 12 . 35% contract , based on the upset _)rice of Q S0 , 00d for the renOvatio;1 of the building, - 20- June 11 , 197!:, Mr . Van Cort compented that the committee felt that Anton Lqncr Woo ld be good to hire for the renov2tions becaDse they have Onoo the studies on the building . Alderwan Boothroyd commantod that other architects should be contacted. Discussion was held on the floor about the renovation of the hud7jing , who would do it , the cost of the renGvation , and where the nnne,,,, would come from to r-rounce . RESOLVFD, That the City W UK= hire Anton Egn2r for thp purpose of developing Scwhsijo kemer renovation project . Alderman Slattery comae. nted that he and Alderman jones have mn with the Soutbsidc Conoco pcopic , and we have still not sign el an�- contract uith these pooplo , how far do we go before we have a contract . Mayor Conley said that we have a memorandum of understanding . QC 11.1-derwan Jones ramorhed that the corporation has suhmitted to thei-L - U'� 2= lawyer , and Aldcrm&n jores and Alderman Slattery have submitted w, Mr . Shapiro , the items which both parties feel should he in the contract . Alderman said that there is a question of whether there can be a health facility K that location . Tabling Motion By Alderman iones : seconded by Alderman Nichols RESOLVED, That the above motion be tabled , Carried On a motion the meeting was adjournoi at 11 : 50 p .m. Jokph 'A, Runile , City Clerk Edward K Conley , HayorT _____ COMMON COUNCIL PROCEEDINGS City of Ithaca, N.Y. Regular Meeting 7 : 30 p.m. July 2 , 1975 PRESENT : Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay, Dennis , Gutenberger , Hamlin, Jones , Meyer , Nichols , Saccucci , Slattery, Spano OTHERS PRESENT: Controller - Daley Coordinator-Youth Dir. - Cutia Deputy Bldg. Commissioner - Jones Police Chief - Herson Planning Director - Van Cort City Clerk - Rundle Attorney for the City - Shapiro PLEDGE OF ALLEGIANCE Mayor Conley lead all present in the Pledge of Allegiance to the American Flag. MINUTES Alderman Nichols asked for a correction of the June 11 , 1975 minutes , Flood Plain Ordinance to be amended as follows add: Attached Herewith Local Law for Parade Permit , Add : Attached Herewith By Alderman Barber : seconded by Alderman Jones RESOLVED, That the minutes of the June 11 , 1975 Common Council meeting be approved as corrected. Carried INTERGOVERNMENTAL RELATIONS COMMITTEE Alderman Slattery explained that he and Alderman Spano were appointed to the Ad Hoc Sewer Committee about a year ago . They have been attending meetings for the past year, and receiving presentations by Obrien and Gere , Engineers . Alderman Slattery commented that he has drafted a summary of activities of the Ad Hoc Sewer Committee and presented them to Council as follows : Report to the Common Council from the Ad Hoc Sewer Committee for Tompkins County by Don Slattery and Tony Spano , members appointed by the Mayor. In 1965 and 1967 Comprehensive Sewage Studies were completed for Tompkins County. r In accordance with policy of the New York State Environmental Con- servation and the U. S. Environmental Protection_ Agency it is appro- priate that Comprehensive Sewage Studies be updated from time to time to reflect changing conditions and needs . On this basis , the County Sewer Agency in cooperation with the Ad Hoc Ithea UrbaZArea Sewage Committee made application to the Ne;. York State Department of Environmental Conservation for an update of the Compre- hensive Plan. t aThe application was approved and a contract was executed on October 10, 1974 with a completion date of October 9 , 1975 . a It was the purpose of these studies to anticipate the sewage needs of the county for the next 50 years and to create a Comprehensive Plan that will be in effect , a Master Plan for sewage development within the county. The updating has been county side although emphasis has been placed upon the opportunities for joint use of the City of Ithaca waste water treatment plant to serve LFe city and adjacent municipalities . - 2- July 2 , 1975 The New York State Department of Environmental Conservation and the Federal Environmental Protection Agency will use the plan to assist them in making determinations in the future as to the allocation of state and federal funding for sewage construction projects . At the present time federal and state funding for projects is about 87 1 12% . The final plan will not necessarily be a fixed document but can be amended in the future as conditions change . However, it is quite likely that state and federal agencies will not look favorably upon proposals which deviate significantly from the concepts and conclusions which may be apparent from the plan. It therefore behooves all municipalities to participate directly to help achieve the most satisfactory plan possible . After the plan is complete there will have to be an expression of acceptance or nonacceptance of the plan by each municipality involved and subsequently, the State Department of Environmental Conservation. will make a like determination. Where applicable , alternate solutions will be presented by the engineers for the consideration of the County Sewer Agency and the municipalities involved. Wherever possible unresolved issues should be resolved before the plan is completed. a4 A One of the features of the plan will be an investigation of the various opportunities for management of sewage systems within the county. We are here this evening to receive the report of O' Brien and Gere Engineers , Inc . which will outline the proposed service areas and management proposals . Alderman Slattery then introduced Mr. John Keegan to the Council . Mr. John Keegan, of O' Brien and Gere , commented that the purpose of the comprehensive studies is to insure the efficient use of State and Federal Funds . Projects that are eligible for funding under the current legislation will receive a capital grant in the amount of 87 . 50 of the project cost , and to that end, the legislation that was enacted in 1972 and subsequent rules and regulations put forth by the State of New York and the U. S. E.P.A. require this type of comprehensive planning, so that when a project is submitted for funding , it would be found to be in conformance with the comprehensive plan and insure the most cost effective solution. The study covers the entire county, but obviously the central hulk of the county is the Ithaca Service Area . Mayor Conley asked if the 87 . 5% was a combination of State and Federal funding or 87 . 5% Federal funding . Mr. Keegan replied it was 75% Federal and 12 . 5% State. Mr. Keegan stated that after developing the population predictions and reviewing with the county planning agency where growth might be anticipated, we define several service areas . For the area, Mr . Keegan showed on his map where the major population would be located with the next twenty years . Mr. Keegan said they have looked at several alter- natives for treatment and they have done some very preliminary cost estimates , and further explained the map of the proposed sewer lines . The present existing City of Ithaca treatment plant presently serves the city and a good portion of the town. The City has a permit for the treatment plant issued by the U. S . E . P .A. , and again in accordance with the 1972 legislation. The permit to discharge has a time schedule in it for certain improvements , it requires updating of the City plant to a full secondary treatment , which is by definition a minimum of 85% removal of organic material and suspended solids . 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UOT4rPPU UT ` a2aug0sTP aql woaJ sPTTOs Papuadsns pup IpTaa4VW OTUp2Io To TUAOwaa %S6 Isu2T IV OJUOTPUT pTnoM sTgs •Xasaar MON SIT WlT} U Xq auop ` IaTul aqi TO Xpnjs E uo paspq `PalTnbal :juawgpal:j To aaa2ap I0111ITtl g0nw E aq p-InoM aaaga ` Iajul agi Olui panuTjuoO alaM a2IEg3SZp aql 3I •axuT all; 04ut Ino XTTpn4uaAa pup ` laTUI OnXu0 aqj of SL61 ` Z -KTnf -£- u -4- July 2 , 1975 A large number of young people from the greater Ithaca area are attracted to Collegetown as a place to congregate . This has caused a number of problems . Since there were no community facilities for youth in the Collegetown area , the only activity available to them was to play pin-ball in a couple of commercial establishments where they were more than welcome to spend their money, but were not welcome to just hang out once their money was used up . Other than that , their only other alternative was to hang out on the streets with nothing to do. This created a problem that was felt not only by the residents and merchants of Collegetown, but by their counterparts in other parts of Ithaca, as well . When a good-size group of youths end up congregating on the streets for lack of a place to go and with nothing to do, it is predictable that there will be an increase in the amount of both vandalism and petty theivery. This situation, where kids from all over Ithaca are coming to Collegetown, directly effects all of Ithaca, as well as the residents and merchants of East Hill , because once the East Hill people demand and get increased police protection due to the increased criminal activity, these activities will not cease , but rather change locations to other less protected parts of Ithaca. V.41 In an effort to help solve this problem Give Us a Chance , Inc. GC has established an off-the-street facility called "Our Place" at 227 tr Linden Avenue in Collegetown. The facility, designed by the people who x use it, includes a recreation area with pinball machines , pool tables , p and other related pieces of equipment . For those who wish to just sit and talk, there is a lounge area. There is also a television area. Pre-prepared foods and soft drinks are sold. Give Us a Chance , Inc. also sponsors the "Willing Workers Companies" which are creating employment opportunities for young people through a series of service-type businesses that are managed by, and employ youth. The first such business is the Willing Workers Maintenance Company which provides contract maintenance and clean-up work for householders and local businesspeople . It employs two co-managers and thirteen workers . Although the revenues generated by the recreation area equipment and by the food service help to cover the expenses of running the facility, they have not been anywheres near enough for the organiza- tion to become self-sufficient . For this reason, its continued existence for the immediate future will depend on the generosity of its supporters until more permanent governmental funding can be obtained. Mayor Conley commented that he is sure that everyone has observed the problems of Collegetown and teenagers , but he can see that it is increasingly improving , Mr . Whitman has certainly helped with the problems . 'Mayor Conley said that there have been problems but there has been a meeting with the Police Chief, and Mr. Whitman and himself and they are going to try to solve problems that have arisen. Discussion was held on the floor regarding Give Us a Chance , Inc. Resolution - Financial Aid for Give Us a Chance , Inc. By Alderman Boothroyd : seconded by Alderman Hamlin RESOLVED, That the matter of financial aid for Give Us a Chance, Inc. be referred to the Budget and Administration Committee , and the Inter- governmental Relations Committee . Carried Mayor Conley asked that Robert Cutia, Co-ordinator , Youth Director be included in the deliberations of the Intergovernmental Relations Committee on Give Us a Chance , Inc. Ernie Silvers , D. I . B .A. Mr. Ernie Silvers of the D. I . B.A. , promotion director of the Commons , and the Commons Advisory Committee appeared before Council to speak regarding the Commons Fee Ordinance . Mr . Silvers said that this matter - 5- July 2 , 1975 has been in committee for three months . Mr . Silvers said the promoters will come in and walk out with $3 , 000 to $7 ,000 , in. a matter of 2-3 days . Mr. Silvers said he is not at Council to ask for money but to beg Council to let him give the City some . There has to be regulation on fees to be charged on the Commons , there are no regulation or ordinances governing the fees on the Commons . The City has to maintain the Commons , they have to furnish equipment for maintenance on it , there are plantings , etc. Mr. Silvers introduced the propsed Ithaca Commons Fee Ordinance as follows : PROPOSAL Ithaca Commons Fee Ordinances Vendors : Classification Class . A. Itinerant Vendors - (Groups) Class . B . Non- itinerant Vendors - (Groups) Class . C . Itenerant F Non- Itinerant Vendors (Casual) Itenerant Vendors - - Definition: A. Itenerant Vendors shall be defined as individual Transient Merchants , collectively participating as part of a consolidated retail sales effort offering related items and/or products Cie . hand crafted articles or collectibles , etc. ) for immediate sale during a specified period of time at a designated or assigned space on the Ithaca Commons and/or peripheral areas indicated. B. Non- Itinerant Vendors Definition Non- Itinerant Vendors shall be defined as individual merchants (whose place of business is considered a retail store by virtue of being an established place of business at a permanent address,) _collectively participating as part of a consolidated retail sales 'effort � (ie . an exhibit or show) offering related items and/or products Cie . Cars , boats , campers , etc . ) for the purpose of stimulating and activating current and/or future sales during a specified period of time at a designated or assigned space on the Ithaca Commons and/or peripheral areas indicated. C. Itinerant & Non- Itinerant Vendors : Definition Casual itinerant & non-itinerant vendors shall be defined as those individuals desiring occasional (one time only) use of the Ithaca Commons for the purpose of cash sales of items during a specified period of time not to exceed 4 consecutive days in a calendar year. The items fox sale shall not be in direct competition with merchandise offered by Central Business District Merchants . Permits shall not be granted if either merchandise or activity is deemed inappropriate or inprudent by the C.A. B. or the D. I . B.A. Permits may be revolved subject to sub- sequent infractions of conditions set forth. A. Itinerant Vendors (Groups) 1 . Space units are 4 ' x 8 ' (tables , stands , booths , etc. ) 2 . Minimum units allowed 26 - Maximum 100. Unit Rate Schedule 1- Day rate $10 . 00 2- Day rate 17 . 50 3- Day rate 22 . 50 Over 3 days add $5 . 00 per day 1- Day Maximum per 100 units 1000 . 00 2- Day Maximum per 100 units 1750 . 00 3- Day Maximum per 100 units 2250 . 00 Over 3 days add $500 per day -6- July 2 , 1975 Proposal Continued 3. FLAT Rate Schedule Maximum units allowed - - 25 - - no minimum 1- Day rate $ 250 . 00 2- Day rate 500 . 00 3- Day rate 750 . 00 Over 3 days add $250 . 00 per day B. Non- Itinerant Vendors (Groups) 1 . pace units are 8 ' x 20 ' cars , boats , campers , etc . ) 2 . Maximum units allowed 100- -minimum 26 (maximum units depend on size of Unit Rate Schedule 1-day rate $ 5 . 00 2-day rate 7 . 50 10 . 00 3-day rate Over 3 days add $5 . 00 per day i 1-day maximum per 100 units $2x0 . 00 D 2-day maximum per 100 units 375 . 00 3-day maximum per 100 units 500 . 00 Over 3 days add $200 . 00 per day 3. Flat Rate Schedule s Maximum units allowed 25 - no minimum 1-day rate $200 . 00 f 2-day rate 300 . 00 3-day rate 400 . 00 over 3 days add $150 . 00 per day. C. Itinerant & Non- Itinerant Vendors (Casual) Unit Rate Schedule 1-space units may not exceed 8 ' x 20 ' 2-pavilions may be used (east & west only) This rental shall be subject to 30 day advance scheduling by the I . C.A. B. and availability of each pavilion. Users shall provide a Certificate of Liability Insurance in the following amounts : a. bodily injury $300 ,000 b . property damage $50 , 000 c. product coverage $25 , 000 . 1-day rate per unit $ 25 . 00 2-day rate per unit 50 . 00 r 3-day rate per unit 75 . 00 4-day rate per unit 100 . 00 c D. Refund Policy In the event rain cancels the engagement without a rain date , fee refunds for that day only will be remitted. 4 E. Special Rates Special rates will be in effect Monday thru Wednesday (Holidays excepted) ill be 75o of standard fees . The rate for activities during these days w F . Fees Payments All wee l+rill be paid one (1) week prior to commencement of events . G. "No Shows" Failure to perform as agreed will constitute a "No Show" thereby causing forfeit of. fees unless the Vendors involved can show cause to prev°nt this action , in which case a hearing will be held. H. .Air Spare Air Space per unit shall not exceed 7 ' in height without �arittin authorization by City oficia.ls . - 7- July 2 , 1975 Pro-aosal Continued J. Availability All requests for the use of the Ithaca Commons are subject to availability on a first come-first serve basis and cannot interfere with promotions or activities previously established. K. Vendors shall be subject to the overall jurisdiction of the Ithaca Commons Promotion Director. L. No individual , Itinerant or non-itinerant vendor shall occupy more than one (1) space per day. FEES APPLYING TO CLASS E PERMITS (VENDING, SOLICITING AND FUND RAISING) i NO MERCHANDISE SHALL BE DISPLAYED ON THE COMMONS WITHOUT SPECIFIC PERMIT. I . Non Profit Organization Vending or Sale for Profit : A. $5 . 00 fee for project use permit B. Time and space use shall be set by I . C.A. B. subject to space available in conjunction with other activities scheduled. ' C. Merchandise shall be quietly displayed (no hawking) . D. Small sign identifying organization would be helpful . E. Keep permits visable. Mr. Silvers commented that it has not gone through the Commons Advisory Board, the DIBA and the city is getting its first look at it tonight Mr . Silvers reviewed sections of the fee ordinance with Council , and suggested that the fees be split 50% with the D. I . B.A. and 50% to the city. Mr . T. Van Cort , Planning Director told the Council that the presented Ithaca Commons Fee Ordinance was not in final form but would be re- viewed by the Commons Advisory Board, and finalized by the Commons Advisory Board. Resolution - Proposed Ithaca Commons Fee Ordinance By Alderman Hamlin : seconded by Alderman Jones RESOLVED, That the proposed Ithaca Commons Fee Ordinance be referred to the Charter and Ordinance Committee , and report back at the August meeting of Council . Carried Recess Mayor Conley asked for a recess at 9 : OS p .m. Common Council reconvened at 9 : 30 p .m. COMMUNICATIONS FROM THE MAYOR Appointment to Tompkins County Management Council 34ayor Conley asked for approval of the appointment of Mis . Carolyn Heydt , 104 Ridgedale Road as a new representative for the City of Ithaca, to the Tompkins County Management Council . By Alderman Nichols : seconded by Alderman Meyer RESOLVED, That the Mayor ' s appointment of Carolyn Heydt , 104 Ridgedale Road , to the Tompkins County Management Council , be approved. Carried Anpointment to the li'outh Bureau Advisory Council Mayor Conley asked for the approval of Mr. Hanley W. Staley, 220 Bryant Avenue to the Youth Bureau Advisory Council , term to expire 12/31/77 . `ir. Stales is replacing Father Mura who has been transferred out of town. - 8- July 2 , 1975 By Alderman Dennis : seconded by Alderman Jones RESOLVED, That the INfavor ' s appointment of Mr . Hanley W. Staley , 220 Bryant Avenue to the Youth Bureau Advisory Council , term to expire 12/31/77 , be approved. Carried ADDITIONS TO THE AGENDA Mayor Conley asked for any addition to the agenda. Alderman Jones asked to add the resolution regarding the sale of 1� City owned land to Zikakas Chevrolet. . No objections were made to the addition. Alderman Jones requested that the contract for Mr. 7-gner on the Southside Center be removed from tree table . No objections were Trade . ATTORNEY FOR THE CITY REPORT .k ,tlm Attorney for .the City, Shapiro commented that he has been in touch CZ with Elizabeth Yanof, Attorney for the Southside Center, and she has advised Attorney Shapiro tllat she is shortly going to prepare the deed, the abstract has been extended, assuming that the deed is exceptable , the conveyence of the back portion of land will take place soon. Mrs . Yanof has been very busy so there has not been time to negotiate for the contract. C, Attorney Shapiro Said he had nothing definite to report back regarding the Cascadilla Street Extension. CHARTER AND ORDINANCE CONIDITTTEE Local Law amending Section 5- 33 of the City Charter Alderman Nichols read Local Law amending Section S-33 of the City Charter as follows : By Alderman Nichols : seconded by Alderman Meyer PROPOSED LOCAL LAW NO. 4 OF THE YEAR 197-5; CITY OF ITHACA Amendment to Article 5 Section S-33 of the City Charter A Local Law amending Section 5-33 of the City Charter BE IT ENACTED by the Common Council of the City of Ithaca as follows : Section 1 : Article V Section 5- 38 of the Ithaca City Charter enacted by Local Law No. 1 , Section 1 , of the Laws of 1938 , and as renumbered by Local Law No . I of the Laws of 1974 , as Article V Section 5-33 is hereby amended to read as follows : Sec . 5- 33. REMOVAL OF RUBBISH, WEEDS , VEGETATION. (1) The board of public works shall have power , by rules and regulations , to require the owners of private property within the city of Ithaca to cut , trim or remove brush, grass , rubbish or weeds and upon default may cause such grass , brush , rubbish, weeds or other materials to be cut , trimmed or removed and the expense thereof shall be a charge against the owner of said land, provided that at least five days ' prior notice , to be given in such manner as the board may determine shall have been given to such owner roquirin,,,, compliance with such rules and regulations . Such rules and regulations ri-tay designate an officer o ,• employee of the board for the purpose of carrying into effect the provisions thereof. (2) Any expense incurred by the board pursuant to the provisions. s of this Section or Chapter 2"72 of the Rules and Provisioll 1- 4. 1 - Regulations of the Foard of Public Works shall bc collected in the following manner : Such expense shall be a lein upon thl- property to or for which such services were furnished or -9- Jul. 2 , 1975 and shall be collected in the sa.m.o manner provided for the collection of city taxes , and when they remain unpaid shall be added to the annual city tax on the property to or for which such services were rendered. Sec . 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. Alderman Meyer asked that the laws or amendments to laws be published or announced in some way that the public be knowledgeable of these laws or changes in laws . Attorney for the City Shapiro advised the Council that these people are notified five days in advance that their property has to be cleaned up . This amendmQnt only makes provisions for collection of the fees cilarged to property owners if the Department of Public Works does have to do the work. A roll call vote was taken which resulted as follows : AYES (12) NAYS (0) Carried Swimming in City Waters Mayor Conley said he would like to announce to the press that swimming is prohibited and against the law in the city reservoir, and the gorges . Resolution - Property at 423 E. Lincoln Street By Alderman Nichols : seconded by Alderman Jones WrIEREAS , the corner property at 423 East Lincoln Street , which was previously --oned R- 3 , was zoned P-1 erroneously in the zoning map that was passed with the 1974 Zoning Ordinance , and WHEREAS , The purchaser of the property has petitioned to have the error corrected so that the building can be remodeled as permitted in the R- 3 zone, and WHEREAS, The City of Ithaca Planning Board at its meeting on June 24 , 1975 , approved the map change requested to return the property at 423 East Lincoln Street to its proper designation as R- 3, NOW THEREFORE: BE 1T RESOLVED, That the Common. Council will hold a public hearing on the proposed correction of the Zoning Map to return the property at 423 Last Lincoln Street to R- 3 designation and instructs the City Clerk to publish a notice of said public hearing at least- fifteen (15) days prior to the date of the public hearing in the official newspaper of the City of Ithaca. The time and pure of tho public, hearing are hereby established to be Wednesday, August 6 , 1975 , at 7 : 30 p .m. in the Common Council Chambers at 108 East Green Street . Carried Resolution - Administrative Code By Alderman. Nichols : seconded by Alderman Dennis WHERFAS , in Administrative Code for the City of Ithaca was prepared under a "701" grant by the firm of C .W. Robinson & Co . , Inc . , of Stamford, Connecticut , and WHEREAS , concurrent studies of City government have been performed by other groups and individuals who have reported their findings to the Common Council . and -10- July 2 , 1975 WHEREAS , it is the desire of the Common Council to establish guidelines for the du t4 and powers of e;_ccted and appointed City officials as well as procedures that will improve and enhance the quality of City government , NOW THEREFORE , BE IT RESOLVED, That the Common Council does hereby endorse and adopt the revised Administrative Code for the City of Ithaca, New York an official document of the city of Ithaca, as attached herewith, AND BE IT FURTHER RESOLVED , That the Administrative Code shall be implemented and expanded to serve as an accurate summary of the governmental process of the City of Ithaca. D.iscussi.on was held on the floor of Council on the motion.. A -vote was taker, on the motion which resulted as follows : Carried `C Resolution - Administrative Code , Centralized Purchasing a By Alderman Nichols : seconded by Alderman Dennis WHEREAS, The Adminis-rati»e Code for the City of Ithaca , New York, includes among projects to be dealt with in future legislation "an official procedure for the procurement of goods and services paid for with City funds" , NOW THEREFORE BE IT RESOLVED, That the Budget and Administration Committee is hereby requested to implement a centralized purchasing and to provide a progress report at the August 1.975 Co-Uncil meeting . Alderman Boothrovd commented that to implement centralized purchasing is not a slipshod idea, that the City has had a indepth study done two years ago . Mayor Conley remarked that the wording of the resolution on the floor implied that the Budget and Administration Committee would be charged with acturaily writing up the specifications of how that job would be done . Mayor Conley said that he does not feel that the legi-slative body need do that , but to find a person that would have that respon- sibility, or the immediate staff to do that . Mayor Conley also asked Council to decide whether this would be a separate department , whether it would be part of the City Clerk' s office , as Deputy City Clerk, or a person working in the City Clerk' s office that is not the Deputy City Clerk. Alderman Boothroyd suggested that the Staff be asked their recommend- ations . A vote was taken on the motion as amended as follows : Carried Fluoridation Alderman Nichols explained to Council that a special election on Fluoridation would be very costly . The Commissioner of Elections recommends that the best time to hold it would be on November 4 , 1975 at the time of the General Election. Alderman Nichols asked for some action from Council stating what they want to do with fluoridation. Alderman Barbsr remarked that he read in the papsr the State Asser,bly has already passed fluoridation for the State and is waiting for the Governor ' s signature . Alderman Nichols commented that the re{erenduiii only r0mmoves the phrase "except that it may not fluoridate ;.I:e public watcr soppl ;," from the - 11- July 2 , 1975 Ithaca City Cliarter, this does not pass fluoridation but just omits this phrase . Mayor Conley commented that if the State in fact does create a. law. that is signed by the Governor that becomes law in N.Y . S . ; that all muni- cipalities have to fluoridate their water , unless they can justify by the expense , is prohibited in their particular city . If that becomes the late, then we should ask the Attorney for the City what the appropriate action for the city of Ithaca to take . Mayor Conley said he didn 't think there was anything the City could do contrary to law. In the event that does not become law, that is a issue that has to be resolved. Mayor Conley remarked that if we pass this resolution on the floor, calling for that particular date , and at the next meeting the Attorney for the City advises us that it is not appropriate for us to take that action then the resolution could be recinded. Attorney for the City Shapiro said that he could say that it is appro- priate to take the action regardless of whether or not the State passes or adopts whatever law they might adopt . Right now there is a prohibi- tion in our Charter. If the State passes and adopts the law which requires fluoridation by all municipalities with some loopholes or exceptions , and we are sitting here with a absolute Charter prohibition against it , there are all sorts of interesting legal questions which could be raised by the City and residents of the City. M , ayor Conley asked if this resolution for a referendum ever has come before Council and passes before . Alderman Nichols commented in the negative and said it was referred to Charter and Ordinance Committee . Mayor Conley said then this particular resolution establishes a date . But if the resolution is not passed, then should we take action to strike our previous resolution. Attorney for the City Shapiro said that as far as the Local Law that was passed by Council and adopted, it was the opinion of the Attorney General that before that could take effect it would have to pass at a referendum, the referendum was mandatory to effect its passage. If there is no vote taken, if Council wishes for one reason or another not to submit it to referendum, if Council directs the Attorney for the City not to direct the proposition to the Board of Elections , then the Charter will stay the way it is . If the State passes whichever law the are passing there could be various legal problems at a later date . Alderman Hardin asked that if the state passes their fluoridation law and the Governor signs it , does this invalidate our Charter and do we have to fluoridate? Resolution to Table Motion By Alderman Hamlin : seconded by Alderman Meyer RESOLVED, That the resolution be tabled until the August , 1975 meeting of Common Council . Alderman Slattery commented that there is one advantage to making a decision at a early date , that is we will have top priority on the voting machines . A vote was taken on the motion to table , which resulted as follows : AYES : (11) Barber, Boothroyd., Boronkay, Dennis Gutenberger, Iiamlin, Jones , Meyer , Nichols , Saccucci , Spano NAYS : (1) Slattery Carried Human Rights Lac, Alderman Nichols reported to Council on the Human Rights Law, which has been referred to the Charter & Ordinance Committee in a revised form. The Pttorney for the City has written an opinion against it , _12- July 2 , 1975 a stating . that it is more appropriate for State legislation, or Federal legislation. It was also referred to the County Human Rights Commission which Alderman Nichols has been in communication with. They have devel- oped a task force that are working on some of the problems within the law and there will be a report on this when they have done a study oil some of the problems involved. 4 i Definition and Regulation of Lumberyards Alderman Nichols reported that she had nothing to report on Lumberyards . The matter is still under study and a report will be made at the August meeting of Council . Local Law - Building Commissioner - Powers and duties By Alderman Nichols : seconded by Alderman Dennis Proposed Local Law No. An Amendment to Ithaca City Charter #2 . 11 entitled "BUILDING COMMISSIONER: POWERS ACID DUTIES Be it enacted by the Common Council that the first sentence of �* Ithaca City Charter #2 . 11 (The building commissioner shall be under the administrative direction of the city controller) is hereby revoked. The amended Section 2 . 11 shall read as follows : The Building Commissioner shall- be under the administrative direction of the Director of Planning and Development . He shall. be appointed by the Mayor , subject to the approval of the Common Council , for an indefinite term. He shall be removable following reasonable notice and. a public hearing, if he should request such hearing , (a) by the Common Council by the affirmative vote of at least two-thirds of the Aldermen or (b) by the Mayor with the approval of the Common Council . RESOLVED, That this Local Law be laid on the table for action at the August meeting of Common Council . AYES - (11) Boothroyd, Boronkay , Dennis Guterberger, Hamlin, Jones , Aieyer, Nichols , Saccucci , Slattery, Spano NAYS - (1) Barber Carried HUMAN SERVICES COMMITTEE Alderman Dennis reported that there definitely will, be a meeting with GIAC in August . Alderman Dennis read. for Council ' s information, two resolutions regarding playground areas from the Youth Advisory Board, as follows : WHEREAS, the City of Ithaca is in the need of substantial playground areas to meet the needs of these programs and due to the fact that on the north end of Cass Park, commonly knolnn as the north fourteen, we have appropriated tI•:e lard which at the present time is under rough grading due to the construction of the Marina with minimal grass coverage scheduled to be sown. IT IS MOVED, That the City make arrangements with the contractor to level the area including covering it with Class A grass seed, so as to make suitable level playable area . IT IS FURTHER REQUESTED , That this s:rork be accomplished so that the fields could be used in 1976 . WHEREAS , even if the entire area of Cass Park is fully used , even the undeveloped "fourteen acres" on the north end, the City of Ithaca will still be in need of playable grass area , due to its etpandin„ program needs , -13- July 2 , 1075 IT IS MOVED, That the City of Ithaca start to develop the ground of the Southwest ;park area , so that, in a period of three to five years it would be ready to grade and seed. There was no action requested on these resolutions . Alderman Dennis commented that play areas available are being used only ,Mondav thru Thursday , and suggested that it should be considered to use tl;e land available on the weekends . Ad Hoc Committee on Youth Recreational Services Alderman Slattery reported on the Ad Floc Committee on Youth and Recreation. Alderman Slattery said the Ad Hoc Committee has developed a survey and its ranking of various needs for youth and recreation services in Tompkins County. Ithaca Housing Association and Board Alderman Meyer commented on the Ithaca Housing Association and Board. She said that she has attended several of the meetings of the Ithaca Housing Association and that she would like to meet with the Mayor and the Council to discuss the problems that are going on there , and to develop a more efficient operation. PLANNING AND DEVELOPMENT COMMITTEE Rosalind Williams - Assistant Planner By Alderman Jones : seconded by Alderman Nichols WHEREAS, Rosalind Williams has passed the Civil Service exam for the position of Assistant Planner and is therefore qualified for permanent appointment to that position, THEREFORE, BE IT RESOLVED, That Rosalind Williams be permanently appointed to the position of Assistant Planner in the City Planning Department at an annual salary of $11 , 034 , and that the appointment shall become effective May 27 , 1975 , and that it shall be subject to the usual probational period. Carried Judith Benedict - Junior Planner By Alderman Jones : seconded by Alderman Meyer WHEREAS , Judith Benedict has passed the Civil Service exam for the position of Junior Planner and is therefore qualified for permanent appointment to that position, ':THEREFORE , BE IT RESOLVED, That Judith Benedict be permanently appointed to the position of Junior Planner in the City Planning Department at an annual salary of $8 , 885 , and that the appointment shall become effective May 27 , 1975 , and that it shall be subject to the usual probationary period. Carried :ledge -;long DeWitt Park Alderman Jones explained that. there has been a considerable trans- position of numbers in the orginal request for a hedge along DeWitt Park. It was the Superintendent ' s suggestion that Council appropriate an additional $1 , 000 to add to the existing $600 in the DeWitt Park Plantings . Superintendent.. Dingman also asked that he be allowed at his discretion, to provide a hedge along Buffalo Street . By Alderman Jo.;cs : seconded by Alderman, Hamlin RESOLVED, That the Committee recom;nends that the choice of material -14- July 2 , 1975 for the Fall 1975 planting of a hedge in DeWitt Park along the Buffalo Street side be left to the discretion of the Superintendent of Public Works . Carried Parking for Church Staff in Seneca St . Ramp Garay Alderman Jones reported that the request of Church Staff to use parking spaces in the Seneca Street Ramp while the Old Court House is being renovated, is being referred to Alderman Stein' s Board of Public Works Parking Committee . By Alderman Hamlin : seconded by Alderman. Jones RESOLVED, That the Common Council of the City of Ithaca supports favorable action in the instance of the renovation of the Old County Court House , and refer this matter to the Board of Public Works . Alderman Boothroyd raised the question whether the City is allowed to give away services . d" Attorney for the City Shapiro commented that it is a policy decision to be made. As he views it from the B. P.W. , there are ways to go about doing it . Alderman Meyer suggested that Council let out the spaces to the Church people as the Council ' s fiscal contribution to the renovation of the Old County Court House . A vote was taken on the motion, which resulted as follows : Carried DeWitt Park- Ithaca College Marker Alderman ,Jones reported on the DeWitt Park meetings . The County has made efforts to pick up the bricks and pick up the glass and cut the grass around the Boardman House . Alderman ,Jones read a letter to Coun- cil from Robert J. Hultz , about the Boardman House and DeWitt Park. It concerns a marker which corresponds to the standard New York Historical markers, except the seal is not New York States it is the seal of Ithaca College . The money raised by the class of 1922 , and they would like to have the marker built , which it has been bought , and is on the Ithaca College Campus and they would like to have it installed in front of the Boardman House . They have approached the County and the County ' s Planning Department still has to give their final approval . By Alderman Boothroyd : seconded by Alderman Spano RESOLVED, That this Common Council give this project its support . Carried County Planner Ligouri - Community Development Alderman Jones suggested that County Planner , Ligouri be invited to a Council meeting to discuss selected Community Development and other growth opportunities . Mayor Conley said he would invite Mr. Ligouri to the August or September aeeting of Council . Ir. Ligowski- uit Claim Deed, Second & 'Third Streets il—merman Jones commented th A there is a request of Mr . Ligwoski , he would like to have a quit claim deed to the city ' s right-of-way at Second Q .'Third Streets . There is no action needod tonight , but the process of doing this Deeds to be referred to the Planning Board and to the Board of Public Works for action. Attorney Shapiro explained that this matter has been before the Board of Public Works and they have -released their part of the easement . - 15- July 2 , 1975 Lift from the Table - Egner Architectural Services , Southside Center By Alderman Jones : seconded by Alderman. Nichols RESOLVED, That the matter of Anton J . Egner and Associates be lifted from the table . Carried Community Development Commission., Resolution 41 WHEREAS , The Community Development budget for 1975- 76 allocates : 150 , 000 for the improvement of existing community facilities , and WHEREAS , architectural drawings are necessary to determine the allo- cation of the community facilities monies , and WHEREAS; Anton J . Egner has submitted a contract at an appropriate fee , and has special qualifications for this project , THEREFORE , BE IT RESOLVED, That the Community Development Commission recommends that the contract dated May 27 , 1975 between the City of Ithaca and Anton J. Egner be approved by the Common Council . Alderman Jones remarked that there are no recommendations from the Planning & Development Committee because of lack of quorum. Mayor Conley commented that he thought a Commission should be able to bring recommendations to Council without a committee recommendation. Alderman Hamlin said that it would be in direct conflict with our rules of procedure that state everything has to be considered by the Committee . Alderman Hamlin requested more information on the resolution. Board of Public Works Commissioner Stein spoke to Council on the procedure of the Commission in deciding on a contractor. Alderman Hamlin commented that he would like to see , the next time this circumstance comes up , from the Community Development Commission, a report of procedures . Alderman Hamlin remarked that he had no alternative but to vote against this last month . Alderman Hamlin said he thinks it puts Mr. Egner in a very awkward position, it casts doubt on the effectiveness of the Commission. This could be easily avoided if the Commission followed the procedures of any legislative board, to let Council know what they are doing. Comm. Stein said the Commission is new and they are trying to work out procedures , but on the other hand, the Commission will be deliber- ating at length with issues that come before it , and not every bit of information can be presented to Council . In fact , Council will have to depend upon the Commission that you appoint to make decisions . There is some balance that will have to be worked out together . Mayor Conley commented that the Commission feels their meetings are open to the public, they will be posted on the meeting board on the first floor of City Hall . Anyone who would like to attend these meetings can see when they will meet . Mayer Conley said that in the future , anything that requires Council approval , will be done in enougl time to give the Council representative time to work with their commit, for recommendation. Mayor Conley said he would not like to see a committee delay or stop a recommendation from coming to the floor . Alderman Barber commented that he would like to see the Southside Center renovated , but when the Commission says they are going to incorporate 1100 , 000 to $150 , 000 ; if we go ahead and sign a contract for a building that costs $150 , 000 , we are going to have to come up with $150 , 000 , not any one else . ?Mayor Conley remarked that the Community Development Commission is embowered to administrate or to recommend the administration of Commun- ity Development Funds , that are used specifically for that purpose , which was adopted by this Common, Council . -16- July 2 , 1975 Alderman Slattery commented that the question is whether or not it is appropriate to intermix Federal Renvenue Sharing money with Community Development Funds . Mayor Conley said that this could be done . A vote was taken on the motion which resulted as follows : Carried Planning Department-Community Development Expenditures By Alderman Jones : seconded by Alderman Meyer WHEREAS, The Planning Department has incurred extraordinary expendi- tures for Community Development , and WHEREAS, the additional expenses can come from either the General Fund or from Community Development , 'd" THEREFORE , BE IT RESOLVED, That the Community Development Commission :L recommends that Common Council earmark up to $6000 for 1975 from City contingency funds for reimbursement to the Planning Department. for Community Development services . Mayor Conley commented that there are Community Development funds , Revenue Sharing funds , and the City' s contingency fund that all could be used for that purpose . Mayor Conley said that we are going to try to maximize the Community Development funds by using as much city personnel and City hall facilities as possible to keep the administra- tive cost low so that the actual dollars from the Community Development: funds could be put into the program rather than staff for the program. That is why our recommendation comes out this way . Resolution - Refer to Budget and Administration Committee By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That this matter be referred to the Budget and Administration Committee . Carried Community Development Funds $ the Housing Program Meeting Alderman Jones reported that on July 8 , 1975 at the Central Fire Station at 7 : 50 p .m. , the Community Development Commission is going to hold' a public meeting on Housing Rehabilitation. This will be in the local news media. It will be an opportunity for discussion of how the Commission is going to suggest to the community a niethod by which a combination of Community Development funds , banking institu- tions , hou the neighborhood can work together to get this done . Mayor Conley remarked that the Federal Government recommends this kind of meeting to keep the public informed . Zikakis Purchase of City Owned Property By Alderman Jones : seconded by Alderman Saccucci WHEREAS , the City of Ithaca has been requested to sell a portion of the westerly end of Spencer Road in said City, and WHEREAS , the Ci-ty of Ithaca has contacted the Finger Lakes State Park Commission and the County Planning Board in relation, thereto and has received them replies , anal. WHEREAS , the Planning Board of the City of Ithaca and. the Planningf Department of the City of Ithaca have recommended the sale of a part- icular portion of said Spencer Road , such portion being shown on a map prepared by the Planning Department on S/1.5/7S and revised on 6/3/75 , - 17- July 2 , 1975 NOW, 'I'I-II? ;EFORFi BE IT RESOLVED, 1 . That the Common Council finds that the City of Ithaca has no use for said portion of Spencer Road and declaros such portion. to be surplus land. That the Common Council. directs the Board of Public Works to have prepared a survey of said portion of Spencer Road sufficient in derail to permit a lega:i description to be written . 3 . That the Attorney for the City be thereafter authorized to engage the services of an appraiser to appraise said portion of Spencer Road as shown on the said survey. 4 . That the City Clerk thereafter be authorized to advertise and sell said parcel of land, the cost of the appraisal and adver- tisements and any other costs to be added to the value of the land and such costs not to exceed $350 , to determine the minimum price to be accepted at the auction. After discussion on the Council floor, a vote was taken which resulted as follows : Carried 1"UDGET AND ADMINISTRATION COMMITTEE Personnel Appointments By Alderman Gutenberger : seconded by Alderman Dennis RESOLVED, That Mary L. Grimsey be permanently appointed to the position of Principal Account Clerk of ective June 30 , 1975 , subject to the usual probational period. Carried By Alderman Gutenberger : seconded by Alderman Barber I;-:-It RE�kS , City Clerk Rundle requests Common Council to approve his 'Osignaticn of Joyce C. Day as Marriage License Clerk to receive applications , examine applications , investigate and issue Marriage Licenses in his absence or inability to act , NOW THEREFORE, BE IT RESOLVED, That the City Clerk ' s designation of Joyce C . Day as a Marriage License Clerk be approved. Carried Craves Property By Alderman_ Gutenberger : seconded by Alderman Boothroyd RESOLVED, That the City taxes on the J. R. Graves property at 219 , 223 and 309 Floral. Avenue in the amount of $17 . 10 be expunged. Carried ;rtorney for the City Shapiro commented that he has received the signed deeds from Mr. Graves , but the), wero signed in the wrong place and the Attorney expects them back within the wee::. Transfer of Funds Alderman Gutenberger explained the follo-o'ing resolutions , that they were for detached workers and now these persons are going oii the payroll , :with job specifications and are going to be called 'Irout'1 ?Torkers ' , so *Ierefore these resolutions o;ill give monies into t;he Personnel Services account . BI. :Alderman Gute1berger : secot'lkl-d by Alderman Sp ar1c� RESOLVED, That w2 , 408 be transfeired from A1990 Contingency Account to - 1.8- July 2 , 1075 A 7310- 10lPersonnel ServiCE:S . Carried By Alderman Gutenberger : seconded by Alderman Jones RESOLVED, That $450 be transferred frog: A1990 Contingency Account to A 7310- 101 Personnel Services . Carried Youth Bureau Air Conditioner By Alderman Gutenberger : seconded by Alderman Spano !RESOLVED , That the Youth Bureau be and they are hereby authorized. to purchase an air conditioner for a sum not to exceed $250 . Carried Alderman Slattery commented that Mr. Cutia had money for the a=ir cond".- tioner in his budget . Audit u�J By Alderman Gutenberger. : seconded by Alderman Hamlin d RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $47 , 505 . 86 as listed on Audit Abstract 47- 1975 be approved for .payment , BE IT FURTHER RESOLVED, That the audit be amended and reduced. by the amount of $544 . 75 , ,.which represents other expenses incurred at Grossinger ' s . Carried OLD BUSINESS City Flag Alderman Nichols commented that the City Flag has been referred to the City Bicentennial Committee and they have the matter under con.sideratio-c; .. Traffic Li. hts Geneva. & Green Sts ; Greer. & Albany Sts . In.tor_SeCt ons Alderman horonkay inquired as to the status of Traffic Light. requests , Mayor Conley said that the Traffic Lights are being worked. or. by Bca,..1 of Public Works . Hines , City P"osecutor_ Alderman Hamlin asked what is happening on the Hines affair . Mayor Conley remarked that he has had some preliminary d _scussi.or,s with Mr. Hines and that }7e wants to be perfectly aware of the alter- natives before there is any formal action taken. There is disc,lssion goiIlg on no`,v 'Oet—v;een lyriselt , ti7e District attorne..y , the City Jludge and the Attorney for the Ci. t-.', discussiIlg alternai:ives that might be open, prier to forcing an issue that could leave the city ivithcut. prosecution . That is something that is very serious . S'-e are l ool;inn into alternatives . The City Prosecutor is appointed by the Mayor , it does not require Council approval , so we are considering that situation ser. J10US1_1,1. Alderman IIImlin co;amonted that he does not see how Mr. }lines can prosecute ordinances of tLe City th-it he violates him .cif. Ns3i' i?US.INFSS Ra lilp _..3.rA.0(' ALJermall Boronkkay commented that the parking fec-_� at thy' Rai,tp Gay are too i1' 12h :,,nd c:ou d be sc°l. LGtvc:7' tliali $20 . 00 per '17on:,111 . o i11_C! eihCOtlra�;: fii )i e us ' of the pa.rh ing lacil i i-y. July 2 , 1975 ,\os c)I tit ion-Seneca Stroet Garage Fees 1-117, Alcterman Roronkay : --cconded by Alderman Jones OIXEI). That the matter of periiianont parking fees at the Seneca Street Ramp Garage be looked into by the Board of Public Works . Carried Salty DOLT and Old Port Harbour Noise Alderman Saccucci commented that if the noise at the Salty Dog a,­id Old Port Harbour does not cease , there is a possibility that the City ii-ii-ght have a hard time collecting taxes from the disturbed citizens— in the area. Mayor Conley said someone has to call the police on that problem, and that the Building Commissioner should be made aware of the problem. Z� Ran2e of Mayor ' s Salary Alderman Boothroyd requested Council to re-open the subject of the range of the Mayor' s salary. Resolution By Alderman Boothroyd: seconded by Alderman Meyer RESOLVED,11VED, That the subject of the range of the Mayor ' s salary be re -opened for discussion and referred to the Budget and Administration Committee. Carried Parl.,_in� Space Reserved for Town of Ithaca Alder)-ria-Ii Gutenberaer asked why the Town of Ithaca still has reserved 0 they parking spaces in the City Parking Lot , when no longer have offices C, ­' 0 in City Hall . ry Mayor Conley commented that signs are in the process of being taken Clown. Tn-,,rironpaental Impact-Report on N.Y. S . Conference of Mayors Mayor Conley reported that there is a law that has been passed by both houses and is up for the Governor to sign an "Environmental Bill" , +'I'at governs the issuance of building permits on Environmental Impact . if the City issued a building permit that block-d someone ' s viev,, of a valley, or such, -then it could be taken to Albany. I Itta-*�-or Conley commented that several Mayors opposed that bill because it takes the decision away from the City , it gives the power to the Ccnimissioner, who is appointed by the Governor . Mayor Conley said a*- -',,e Wishes to oppose Ihe bl-11 f0rLI_`llV. Other 'Mayors are going U i back to the-it municipalities to write to I t-h_- Governor to tell hlii-fi they oppose this bill . Mayor Conley asked th.--- Attorney, Superinte-adont . and the Planning Dept . ler afi opinion , all three opinions are that this legislatioii interferes i. Hone Rule , -it puts power in the hands of a aon-elec-red official and also assumes that municipalities are not environmentally conscious 4 .Ln their oi,­i ri- ght . Mayor Conley rema kcl they would rat"her have it that hat the Coi­ernor set down rules and rOcyi-iiations , once they establish ruLes and regulations , -her,, it is somethii-ig that we have t'o work with those -rules , but yet have the pera,yatives to issue permits tS locally. T Resol-ution En-vi r,o r)i,,i e i-)t a _.A.iicip a c t IR 111 Alderman Barber : seconded by AldlermaTi Gutenbe-rger Comrion Council write a letter to the Governor stating Z, July 2 , 1975 they oppose the Environmental Bill now waiting for the Governor ' s signature . Carried Adjournment -By motion the meeting was adjou=ed at 12 : 02 A.M. �c TOS - pl 0 , CiLy erk y a y o r Rundl Edward J. nl l Vii 101N C0ii N"C1L PRO ,E II NJS City of Ithaca . N . Y . Spe al 'eetinca 7 : 30 p . m . July 30 , 1075 ' PRESENT .,., Mayor - Conley Aldermen ( 12 ) Barber , Boothroyd , Boronkay , Dennis , Gutenberger , Hamlin , Jones , Meyer , Nichols , Saccucci , Slattery , Spano OTHERS PRESENT Controller - Daley Planning Director - Van Cort Coordinator--Youth Director - Cutia Deputy Bldg . Comm . - Jones nLt.ornoy for the City - Shapiro City Clerk - Rundle f'LEt?GE CEF ALLEGIANCE Mayor Conley lead all present in the Pledge of Allegiance to the A;,terican s=lag . CA h,!D1DATrS Mayo,, Coney incroduceu the candidates that are running for office t h 4 s dui in'., election . Running for Aldermen : First !}lard : ;alderman Donald Barber Alderman Donald Slattery Second Ward : David Fuller Third I.-I'lyd Clark Hamlin James Dennis Fourth !W.,+rd. Alderman Nancy Meyer F-! f .: ;"c' Alderman Spano ,loan Bodine oad Alderman Anne Jones and Mayor Edward Conley as candidates for Mayor . Maz_ ' s '`opointments _ t'''.ayor 11"o ; I ey appointers Peter J . Rodgers of 806 N . Nora Streot as iolic:r_ Commissioner . His term will expire December" 31 , 1377 . '4ayt7't' Co 1 c comment.eal the next a poi n1-iment re(Iu -, ed i.oun c i t a rcva1 � o`;'o I.. o f` -,✓ said t`.here leas a -es 1 g±lat1 0n l n ; i':E' i f i?aC'.a ��1"i ::tr r F ieWal ,=i �a / e ? l ,a s t Urban n -,r ,T,e s cJ iSC;y tnCa Y L�,i��tr i(c.d t! tit; � �(ic? �.rl���iE .k'ilE.4.dl � �..rlti?P_C � iii"<'. i"c!? laCEi{ , e,/ vi.,L?l :! 1E' e I cy+.CF ^i ?.11 People Who arc. now t;h Co:mllun i ty D'ove'icpiilenL, C orainission . Mayor Cof)IcI ; 2 July 30 , 1975 Peter J . Potorti of 205 Washington Street , Morris Angell of 203 Ithaca Poad , Ray Ecrdoni , Jr . of 415 Utica Street . County Bicentennial Commission Mayor Conley commented that there was also a resignation in the Bicentennial Commission where the City was asked to appoint to the County Bicentannial Commission . Elizabeth Malhullen was the repre- sentative and D. Boardman Lee Oho is the City ' s historian , will re- place her as the City ' s representative on that commission . By Alderman Nichols : seconded by Alderman Slattery RESOLVED , That the Mayor ' s appointment of D . Boardman Lee to Lhe County Bicentennial Commission 0 approved . Carried Special Order of Business rr Public Hearing to consider the Mayor ' s salary for the next term eff6ctivc january 1 , 1976 . By Alderman Slattery : seconded by Alderman Saccucci RESOLVED , That the public hearing be opened . Carried Alderman Boronkay asked if a public hearing had to be advertised in the paper . Attorney for the City , Martin Shapiro , commented that on the basic question there was no requirement of a public hearing whatsoever . It was felt in the Charter and Ordinance Committee last Wednesday that perhaps it would be beneficial to have an open hearing and advertise it as such , that iny member of the community that vi she6 to address himself to this point wo" Id have the opportunity to do 3o . It was felt by the committee members that the time was somewhat important so as a result they set both public hearings for that night . Mr. Shapiro said he believed there was an ad placed in the paper . Mr. Elmer Blomgren appeared at the public hearing and asked if the Mayor ' s job was par, time or fall time . Mr . Blomgren said he felt with his exparience in personnel work , working out of a job de- scription , it was generally necessary to list the requirements for a good job description , and then you determine how many hours a week it is going to take to dc the job . So far he has not been able to find out if the Mayor ' s job is a full time job or a part time job .. in his observation around City Hall and Eround the City , he thinks there is plenty of work for the Mayor to have a full time job . Mr . Blomgren ccmmented that the qucstion in his mind is to decide whether- it is a full - time or part- time job , and then he believed the Commor, Council would then determine the salary of such a position . Mr. Alvin Krepper appeared at Ve public hearing and commented that in relation to the salary for Mayor he f9lt that one of the diffi - culties lied here , although the preszrt Mayor My 0 doing an adequate job , there w& s no quoryonep that Yter Mayor; who will appear will be We to jo , jab which will by voTmensurate with tK2 salary Tor a part is position which is SIVA^ and this is somathing to take into cons id2ration . in relation i5 this item , he said doe to tho fact that sc do have an econcmical situation which is rather embar - rassing for oi- aggrievcd nation . Eparing in ind what Congres ;vm� MattMcHugh said he said Wh2a he vntad against the salary raises tccay . this also snould be taken into accouok Mr . Kneppar stated the kind at work the presert Mayor has bLan KIM, has been really good , and tnaL he has bcen doing the jou rhich , Mayor ' s find very difficult tu Au , but ho SaK thnr2 was 00 qn � � antee that therc will he o erb shn 0 11 do tho iann i & n" - 3 - Ouly 30 , 1975 Mr . Knepper commented that he thought things like salaries , a Public hearing should be of such a tieing because it is such a vital issue to the people of the community . There should be more time to really study the problem and the public hearing should be not just a ceremony where you just hear words and let them just fall off your shoulders . You are ,Alderman and that you shouldweighevery opin- ion very carefully , and not make a .judgement in one day after hearing these opinions . You should allow at least a week to go by so that you can weigh these things in your mind and think for yourself; not as a Political hack or anything like that , but as an individual who has been put into a very competent and important position . There is also another thing in relation to salary . There is such a thing called " in kind" salary which one receives from the job . Mainly that of being a person who receives outstanding recognition and cer- eymonial functions and so on . It shouldn ' t just be a job , it should be a dedicated position which one should aspire to serve your neigh- bors in the community , and think it is a great privilege . This should also be taken into account . I do think $18 , 000 is a little too high . Fifty per cent is a lot to add to a position which is a Evart -time position . Alderman Gutenberger commented that he took exception to what Mr . Knepper said is that they by law we are required to carry out the laws of New York State as elected officials . Those laws state that we do not and should not have a public hearing on this type of matter. It is Common Council , or at least the Charter and Ordinance Committee of Common Council has over-stepped its bounds , but we have adver- tised for a public hearing which is not required by law ; we are doing something outside the law. Alderman Gutenberger said he took except- tion to the insinuations you made that we have not allowed a proper amount of time for input . in fact , by law , there is no time for input. I am not going to agree or disagree wii:h the law , however I am an elected official and I crust abide by the law as it stands . !what we are doing tonight is over and above she law and I dnn ' t think the insin- uaticns are correct . We are taking an extra step to insure public participcition. Mayor Conley then commented there was time for debate on the issue and that they should hear from the public and let the public have a chance to address the Council . A dermaA Hamlin commented that before we leave' this I am inclined to agree with Mr . Knepper that the terminology outside the law is not the correct terminology and I would appreciate if Corporate Council would clear it up . Attorney for the City , ,Martin Shapiro , remarked that he thought Alderman Gutenberger expressed the term correctly when he said this was an extra step ; its in addition to what is required . T think what he might have meant wh?n he was outside of the law was that the public hearing Was really called bY the Charter and Ordinance Committee . Public hearings perse should be set up by Council . In this ease there is no requirement of a public Bearing at all and what he ' =s saying is that ever having this is just an additional extra step. Mr. `mapper remarked that we yavc always had in this commoni *y , public hearings an outstanding issues , and this is an outstanding 'issue . Apparently because it has attracted a lot of attention and if you have called this public hearing to learn something then you should be com- Pl invented . It was a wonderful thing , but don ' t act tonight until you really learn something . Mr . William Dillon u appeared p. t the public hearing and commented that he was a long-time resident: of this City . There is a q"estion of whether ther i it is full or part -time Mayor and whether it has been decided or slot , but felt this was up to Council to deterwi ne . Mr. Dillon said he believed that the p•rosent Mayor 'works hull time and over time and we art very lucky to have him . hopefully , with the proper salary / P would get someona 1 n the future who would do a dedi ca t e d full -time job for the City , and not have to Aso any part -time Work to live on . by honors thatWe SPeaK O guOr ess it is an honor to be the Mayor the QtY but it is a 1 „ t of hard work . I think it would be very difficult for anyone to be Mayor of the City and act eat , and sleep it , and get telephone rat ' s at 5 : 00 o ' clock in the morning or 9 : 00 or 10 : 00 O ' clock at night , or 12 : 00 O ' clock at night or whatever . It 4 _ July 30 , 1975 is that kind of a job . We speak of a 50% increase in salary , I certainly think that this is a misnomer . I don ' t know how long fuss salary has been in effect . I don ' t have any data or statistics on this, but I believe this salary or maybe even less has been in effect. for many years . We hear all over the country about per rent in- creases ; in my opinion it is long overdue . It is a highly respected position ; the highest position in our community . It should carry a commensurate salary . Mr . Dillon remarked that he hopes no one will make it a political football . Also , that there is something in the same discussion possibly for increases in the Council ; certainly ail of these dedicated people work hard ; and this certainly should be in- cluded in the package . We have a first-clans Mayor. if we are going to keep a first-class Mayor or entice- a future first-class Mayor , not necessarily Mr . Conley , but someone e se, we should have a salary that would make a man want to take a full -time job and do a dedicated job for this City twenty-four hours a day . By Alderman Slattery : seconded by Alderman Spano RESOLVED , That the public hearing be closed . Carried �r IZ Alderman Gutenberger, Chairman of the Finance Committee , commented that the question that came before Council was previously recommc nded and referred back to the Budget & Administration Committee for a committee consideration . Ater a further consideration our recom- mendation i ; as follows : By Alderman Gutenberger : seconded by Alderman Slattery WHEREAS , Section 2 . 7 of the Charter of the City of Ithaca , New York , authorizes the Common Council to fix and determine the compensation for the Mayor , and WHEREAS , The Common Council has determined that the Mayor ' s salary should be $18 , 000 per year . NOW , THEREFORE , BE IT RESOLVED , That the salary of the Mayor be fixed at $18 , 000 per year , for the next and subsequent terms of the office of the Mayor , effective January 1 , 1976 . Alderman Saccucci commented that concerning the Mayor ' s salary that he felt that the liunicipal Coda has no bearing on the raising of the Mayor ' s salary . They merely define the duties and responsibilities of the Mayor . The same duties and responsibilities that the Mayor has had to the City Charter . The salary of $12 ,000 annually is still effective for Mayoral candidates , and primaries for the job is to continue to be made . Therefore , 1 don' t see where there is an urgency or a need to raise the Mayor ' s salary , and change the office of MY-` from part time to a full - time job . 1 also find it absurd to consider the same issue twice . Initially it already has been protested try the public . This Council should make it possible to let taro issue to go to a referendum , and let the people of this community decide . So let us remember that it is net the salary that dates a good WOr° but it is pup to the individual to be ogre . Alderman Baroer, commented that he believes the Attorney for the City has rulers that his petitions that he tonic had no effect on the resol - ution . Alderman Berber asked that Attorney Shapiro confer with .:ire ;State? Attorney and also the Secretary of State because he understan the Mayor ' s salary has to be approved by the Secretary of State , but he believes it is a. moral issue for the City . We went through this list spring inn and he had wore than enough petitions to bring tint' s to a referendum . This was crcumventad by vetoing the iiill which he comment! the ,Mayor for doing . This in no way has any bearing on you as the Mayor or any future Mayors , but I think t'u`rf:' i7 always the sense of civic pride , ci .' ic duty which seems to be U st now in the City of ours . We had the necessary Potition to Put it to rt-,±ert'nc',=i and nL:,,r he thinks it is a lito'raI obiivat on that thc `,! live % ie newPlc of this City a chance to dare nine 4E?e' sslar}` they 4'a"t, for the MOM Alderman Eorber remarked that he objects to a $6 , 000 raise . Alci°r- t a Barber commented ��. 1 wouldn ' t.. � e' co a i 0 raise e 1. x man B�,►°bc.r .rrhented th;. ar: ,��i;ul d � ' ` ob ��. but U the prosent time with the bi I l , Lhe y have covi ng due , ',1 . ano Swi July 30 . 19P) to have to bond the porking ramp . and bond the City Department of , , , Q,Qlly cowe up with the bonding of the qldhlic Norks garaYe , ad- '' ery wel ! , but said he thinks V,11 , Which he is proud to see is doing V that it is time we take soma St ,k of the fiscal debts of the City is coming up . if we keep adding a stray here and a straw there , and Lo break th-o cawols ; back . The City Of Ithaca ly we are going asked � ! Pu , 'y Ipt and is going to have about 621 of the proper LY tax exel in the same boat where all the money is Wlliing from . ithoca will be How mew York as New Y -)rk City ; ti; people won , t ouy our bonds . and that wili 2ffect ours . Alderman Barber City bonds aren ' t selling his thing sent back to Budget and remarked that he would like to see t rat . We are j%iministration and come in with a more r e easonable ng a bad example to the employees of the City , the contracts call raise for the UniOns coming up during budget for a cost of living going to be raised time . The raises for the Mayor or Aldormen are go to be considered on the name percentage icvel . if he w ire a union c leader in the City , he would demand the contract to be renegotiated from the beginning . Alderman Slattery commented that he thought Alderman Barber ' s moral issue is correct . It is immoral to Pay a Mayor who is assuming the duties of the Chief Adm : nistrative 01 iM^ in the City , with a nine- mill ion dollar budget , and to Pay the Nalfor $12 , 000 a year is immoral . only a two year term . During that two years if he The Mayor serves voted out of office and a man takes does not earn his salary , he gets $18 , 000 or $12 , 000 his place . So it is up to that man to earn the paying $12 ,000 hc certainly could not earn or $15 , 000 and if we are 2id $15 , 000 he aright not earn that salary , that salary - if he was PR ell figure you put &V the Job , it could very w and no matter what the he money . What we be that he doesn ' t do thr job and doesn ' t earn t ke a look at Juoqment and suggested that they ta have here is a valuc ! -1 e Admin- the responsibilities cf the job which we have outlined in th i r n detail in the Chater . if istrative Code which are spelled Out of the job that is outlined a man dons fulfill the responsibilitle -_; de , he ' d more than earn in the Charter and the Administrative Q he would also like $18 , 000 a year . Alderman Slattery remorked that to point out that it has been mentioned that it is a very prominent office and receive a lot of glory 3nd hono There r to be the Mayor . lot of criticism involved in being the Mayor . The matter is also a to what cal a PerSOP Q we want for the job really boils down that yo al wi that a 06 ,000 . km " Oes th it . To say t and the responsi lhul - the spirit of other city employees re- increase is somehow violating increase is incorrect . The last time ,,i ,ing less of a percenLage of eight years ago , a Mayor received an increase -in, salary was almost and that it was about a 10% salary inurease , Another duty involving the Mayor is the cost of being the Mayor . The Mayor is invited to ected to spend a ccrtaill amount of every public function and is exD to dig deep money for each of these public functions and that he has that often times every charitable organization, into his own pocket a0d - Wh2t it boils in the City Of Ithaca hits him up to buy t i c k e t s really have down to is that it is a two-year position SO the People a chance to vote him out Of Office , Alderman Slattery remarked that he Lh,,,ht $18 , 000 iq really not too much for the ffi ,e of the Mayor . Alderman Gutenberger added he would 100 tc reinforce what Alderman Barber had said and th!;t he nsr-d hiqhnr figures than 1 had mentioned 10% figure that Alderman Barb--r used is higher than the and that the The 10% per yEar salary increase salary that they are recommending , , ir " 12 , 000 would on $12 , 000 based an 1967 which we art Lalking about A -- be $20 , 400 and that they were 00Y racOMmending $18 , 000 . Alderman Barber made a good point when he comoarad it tO the Union contracts as did the committne , lfwe had used that 10j each yEar , -than the firs year would have begn C12 , 000 arid Lho would have bebn 10% -n.id have been 10% OF of that which is $1 , 200 and the Mcond 12c , hus , the $13 . 200 figure not based an $12 - 000 , The Itip figure Alderman Barber used was the last PaY incronse ould be $20 , 400 not compounded and the $18 , 000 dollar riquye the committee rawe out with is a com- prom0p . Q,,, committee members felt that the figure should be high- er , and some past In ✓ors . Felt it 1nould be kjghLv by $22 ,000 to 525 , 000 . The 118 =0 figuro mIghk )e a little conservative . Alderman Dennis ,wmented that a nine or a tew million dollar business pecson operating a husiness that makes $12 ,000 a year where you have a than and 84 city 2mployee,� nut of 330 Plus (�mployees , make more some of these people are administrative types , 112 , 000 a year , Qm!�' and policemen , it is kind of laborers . electricians , firefighters , -- 6 - duly 30 , 1975 out of balance . Alderman Dennis remarked that he would support $18 ,000 plus . Alderman Goothroyd commented that they had been considering this since last July and doesn ' t consider that acting in haste . Secondly , in his own opinion , for the position of the Mayor and the City of Ithaca is worth at least 118 , 000 , a& stated he could give a half: hour of reasons , if necessary . If the frugality and economy in government are the issue here tonight that he would remind the eight out of twelve Aldermen that voted for on extra fireman which cost about $12 , 000 at budget time , bear that in mind . Alderman Spann commented that we all know that Ithaca is big business and should be run by capable people oho have the know- how. The salary should be good enough and fair enough to justify the work that is required . However , till.' timing to make the change is bad . People are being l ayed-off , the co At of living is going yap , tares are going up and we are being asked to raise salaries . Alderman Spano remarked that he doesn ' t think this is a profiler time to do it and is against it . CC Alderman Meyer commented that we are moving into a difficult time and Ir that it is somathmy they must take into consideration seriously . CC When she -first moved into this City it was a City that she did not think took itself seriously . Cornell took itself seriously , but C she did not feel Ithaca did . Alderman Meyer remarked there is no other way that leadership for a city to take itself seriously , and in this leadership we have more guarantee for jobs , we have more guarantee of keeping the urban core healthy , keeping people living close to the urban core , and keeping on top of the kind of decay that can upset the City , than you do with the leaders of the City . Alderman Meye r remarked that she thinks that the lower salary has demonstrated pre- viously a kind of lack of leadership which has evolved and seems to get behind . It has not been kept up with , until this Administration . In a way it does help protect residents of the City . The changes that are taking place in the p2repherel areas that we have to take the challenge More seriously now than Ithaca has ever taken . We have upgraded the Elkira Road , the housing projects and downtown uevelop- ment and the concorn for the inlet area is clearly leadership . Thcn e are things that have come from the Mayor and this is a good economy to guarantee goon leadership . Alderman Nichols commented that even though the major parties have already nominated their candidates it is still possible for indiv- iduals to run as independents in the November election and those petitions need not to be filed for quite some=time . By keeping the Mayor ' s salary low , we are being undemocratic by eliminating matey individuals who are net able to contribute their timE because they have additional sources of income . We all know that a person with a family cannot pay 'today ' s prices and l i `v'e in the style that WE ex- pect our Mayor to live in on the sal < r-y of $ 12 , 000 . This means that we are requesting the Mayor to be someone who has some other scurc!-° of money and some other source of. support , by putting a living salary on the ;,lob they slake it possible for any individual who wishes to run for that job , to be able to live on that income . Alderman Jones asked if the Budget & Administration Committee and the Charter and Ordinance recommending that th? Mayor ' s job be a full -time job with no other requirement . Alderman CutegbergFer commented that the Charter and Ordinance should speak for themselves and { id not know if they dealt with the i sE u- Tile recommendation that the Yuge } and Administration Committer' had the last time was that the Mayor ' s position ba the POS i tlo„ that re. - quired the most amount of tine . and that the Mayor ' s position be 't& job that requ-iies tho Fullest awount of time . Shopt of a Charter change Council has the control over it , and tha L wouldn ' t m5ke it any stronger . if it is not ciear UP. Committee hoc not ch;; nged1 r ;Q mind in any way . The Mayor ' s position be Lhe first-most U'pmo s t importance to the individual . and that it Goes ;"O vc .{.Y _, t h"'; from Molding anather job . July 30 , 1975 A ! Apyyan Gutenberqer ccmmentod that Sny hav2 not recommended to the "OnViVtee or the Chart op and OrdindnCe Committee a charter Change !P�P -Qng Rho Mayor ' n positino ho Full time . Odarman Jones asked why the budiet committee is not recommending Gauncil Sallry increases at thp some time . AlOrman Boronkay commented since five councilmen are running for e0ction and five havenno more years to go , and in a sense to vote tcnqht on the raise or half of them to r'ai 'n; ' their salaries during tHeir own term . This requires a public hearinq , or a local law. To saporate the Mayor from the City Judge who is also sittting and that tke Oayor is also not the one who is sitting on the particular salary increase , and the CcmmiLtee felt the Mayor ' s salary was the most im- pnrtaot that should be separated legally . but did not get involved with three . The Council members have their problems and the judge has a problem and said the Mayor does not have a problem , legally . A ; derman Gutenberger stated his own opinion was that they all should be brought together , but since they are alected to carry out the laws wich state that they must go through certain procedures for some and not for others . Alderman Jones said one of the things that does concern her is that it does look as if we are looking out only for the top , and that the EO% increase at one shot is too much . Alderman Boronkay commented that no matter who wins: the issue should be brought up after they negotiate all contracts this year , and that they should decido after they negotiate tho employees salaries . The raise is too much at one time and he would really like to nego- tiaLe it after they find out what they are doing with the unions . Two months we were discussing the 11 decrease and now they are talking abort the 50 • increase for one person . Alderman Boronkay remarked that he feels a 50% raise is too much for one time . Alderman Hamlin commented that he thinks that the Mayor is entitled to some adjustment to his solary and particularly after eight years of no raise . We are discussing this at en abnormal time , and that it is not a budget time , and not when all the facts are in ; not knowing Whak neAt year ' s budget is going to be , which is the proper time to en .ablish salaries . It gives the public an opportunity to attend a public hearing , and speak to any item in the budget . Many of the can- 00tas are already committed , and if we were to attract quality in- dividuals this should have been done prior to the time of the filing of the petitions . both candidates running Or Mayor which are both committed to the $12 , 000 salary and couldn ' t see the necessity to pass soi2thing that Can easily wait until budget time and be considered wwn they find out what the total impact of the budget is going to bE . It sets a dangerous paztern for employee negotiations . From what ha has heard in the meeting , the cnly reason why they were discussing Lha Natter is because it would be illegal to put Unto local iaw . it was a local law in Janupry , and there was zubsturtial opposition to it , somewhere9i excess of 300 people signed the petition saying that L e would like to see it go to a referendum . Now the) were told it was Knossible to go to a local law and he docsn ' t believe that . 1-1 simple change in the wording of thu resolution which hould make this eFfeckive on a week ha Ni a the tea i end_ and pn Lhis in the middle V Q`"m enanliny then to do it by local IdW . This would give the people a chance to vote on it , and feels they are defi irate ly avoiding t h a t . Al derma n Hamlin remarkcd that he still thin%s they should do it by a local law , making it efiecti % n a week before the End of the term . This will be within thq Lerm and see if the people want to have a rKependum , J r wait until the budget time pass2s . it is not necessary to act on this tonight . hidenman Hamlin wondared abcwt the p" int that Alderman Anne Jones kruight dp 1F they are con OOKHg it 6 1611 - tiNn job , then why don ' t N&V P-Q it into tKe rosointion , where it can be considered as full KE2 . The fact thaL it is not in the resolution puts no burdon on the Mayor to sorv2 full time . and Uat he could serve any amourt of time he wanted to . For that reason he thouqU he would vote against July 30 , 07 ', Alderman Gutenberger added that they do follow the suggestions and that they would vote upon it at hudyet time , they will he voting on the salary of an elected candidate . Alderman Gutanberyer remarked that he has tried to do as fairly and honestly and kcvp it non- pnlitical . 1 don ' t know how much MON, political we could be than so vote on ar Mayor ' s salary aftpr thq election . Disregarding any Council split on drmocral:W . and republicans , is to have that salary well - known to all candidate; whether it be indep9ndent , primary ; Wore the eleution ani lot thelit run on the issue , if it is an issun , ind said he would cringe ac the thought of having an election and having the meeting following and determining the winners salary . Alderman Hamlin answered by saying that the law provides the County government , Town government end Villnge government and State govern -, ment that it is exactly the way they to it , Alderman Barber ctrl mented that he did not refer to the 101 raise hoU in 1967 , and that he refErred to 1916 to 19YG and that that was 101 . mt Based on the others years he said it had nothipg to do with the Fal - CC ary at the present time . Isr CC Alderman Slattery added that he would like to. point out that to define Q full time in the Charter would require a Charter chvnqe and asked the City AttorHey , Martin Shapira , the definition of full times , Wd asked if full time was 40 hnurs a week , and if no said that the KaVer can put 40 hours a week , and if so said that the Mayor can put QD hours aweck in hyrot coming in City Hall during the ON at U 1 , arc; said he could just show up five nights a week . You can have a Nan putting in 40 hours a week but not fulfilliaw the dutiPs Of kh2 QYOP If we were to attempt to fulfill all the duttes as PrencribOd i " the Administrative OR and. as outlined in the CWtor , and cin then well , it would take at least 60 hours a wpek . No really don ' t have a Or- dle on what full time really means . Alderman Meyer commented that she thought a lot of it was a series of priorities and values that we are voting on . If we voted an it before the final budget , and we sunportcd it . we wer; saying he VU H.,_) the human resource porhaps abOV2 something else . 1 [ it is a quustiz Cif S6 , 000 , oldermer Meyer said that if a new truck isn ' t bought , vn�! if very carQfal Wgetirift is done in eFch departmont . a thnusari dollars here and Unre is a very easy 01 "g to Wiminote , and said she would like to put the value on human vascurce of perhapi a now truck or a curb or something which is a physical object which could !gait . Alderman Whols remarked that she wonaered if people would feel better if they added to the second wheroas , the followiog words : WHEREAS , The Common Council has determined that the Mayor ' s salary should be $18 , 000 per year and that the oosi tion of the Mayor steal I be considered to he a full -time cccupation . Alderman Gutenberger remorked thot he agreed with Alderman NOOK 100% and that he , hi net f , cannoL give toe definition of foil tim- , if the Mayor were in tre cffice Fonday through 7 & oay , 5 : 00 AM to 5 : 00 PM . he said in would nean no phone cal 1 .` at nights , weekends . etc . The best thiny they came up with on their last r2coympodation was that it be the position that he could onnose the most of this ti c' to . Other than that , he said he is WL on ;'hd t fill timv is , full time to him could to 24 hours o dny AldermQn GuteVergyr snic Yhen the Nayov is out K tuwn he phone calls V NOU and 3 : 00 VclocK in the morning . Al6erman Kies wide the POW that the Wcr ' s WOW 001 r1is"i $12 . 001 siz years ago . not 01A Years ago , " R at that Kme th" salary was qo ( vniscG urtii Kftnr FIOCKOO , it was W KNe Untli 10 Decnmbe • Peeling V the Bud I: CyOmWve , Aldarman Hamlin WOO Lho QW& ONd would by Wq0VY possiblc to do it KY j local 3 o , Alderman notenburper WO whoL OW v -P trYK! to do i ; the " At ' one a tic nkjrninn ad Upy wero vs ; : = W0q Whila in oFfire W locally a- Wo � Voided that . ��nn ap i d o nq 0 •Pasg 0i 1 i fy of a roverondin , Vrd UP L 40 wow to prpfcr co see i 2 done by loco ! law . Worwan GuWhnrqay S- 4 ag cl -iPad o5icials wo are sworn to up.- nol ! Khtlaws OV 01 - 04C ni.j s" Ij 0w laws a ? 04 Ycrk State pre- 2orine procQduren for nawnon Cannot ! mwit comply with Hamlin askod On Cov nurntivQ Council if it canpot be done injolly by a local low ! nd • thov ano it elUctive tip:_ last week u 1 1 ts term . Attorney Shapiro an `riser if tho salary lncreasQ ware to take effect d4ring any elected Wicial ' s Lirm . thE state law would prescribe 07t ic would have to �o Conn Dy Iqual liu . Uo of the groatest ob- juntiois was that it wun WiC djoe during the tErm and Q should be done at the beglnAirj i� kne vory 0rz . For Woever that n2yt ter'ol way be , this ✓ is one ir We pniqts made by Aldepmon Barber when he p-oscnted the fact thot 0 II _'.t t42 petitions . Ono of the major ob- lnctions that he had Apord , & 0 WA nhe floor and also From the -2dia and the putlic , o k d thU thoy lid not want any raiss during the -I �cted of Fib ials term and 04ught that was improper . As a result , znon he was asked the grocadwras involvod in the raise of the Mayor ' s salary , he suggastad in fac? of that cppugitiur to raising during tho term ; that it ba rvisad for t0 Next uerm , if it be raised at W . De pr000durns in respect 0 that are laid out in the charter aid that the hayor ' s salary is Fix& by the Common Gouncil and is done 3y a simpla rosclution . AldnFvan 8arber said Aiderman Meyer referyed tn Qvan resources and ydVng 5&Wr usi of 0c� , and 4210vad that thn $6 . 100 can be better tsll by 02 City to oros an "60VICn jor more PAtrulnen . Worman Nichols said sne belluved that AldermaN Gutarberger was trying to qet a detinition o full tiqe and wondarV if everybody does rot raally helicv3 00 in Wws cf proressioral persons , full time Wado" VU it 1 _ Vel P P,ImAry owcopatich , Ind uhyieus iy you give i t any P"Wor of hours it Wes . A poll ca ! ! vou was Wen PUch -esvLec as follows ,,. AVES ( 6 ) N ; cnaln , WyEr , Wen(J urger , Slattery , Wthroyd , Rnnis KAYS ( 6 ) Hamlin , Raw Rorophay , Saccuccl , Barber , Jone� Ka ✓or Coniey volod "AYE" to 000 W vie vote . Vqt ion Carrind Wor Coniny comocated Wt he dq4na chs City AKLorney if he could raserva denision onj ho naid on . 30i.n candivate V0 indicntad their, i ntyres V in runn ing fur or 01 co Qh ; �nDr havn coymit�wd thamselye-3 to doing their � nh 0" a & W & WL nsis . All & tho okhur nind ; ddtes pl U i k � Kano Wicao aiAras P nKoAfc�r a n7fico of Wyor ha,,.l inviontIC that tW YoVd in wknz� rr waF noc7ssiry to do thn job . Wor >nIlly rvmer0c VaL no Las hoan W tne ! wh and vnows that 0, is a f u i i -0m! ccyni0caL and snd � Ws rut a AP or j 31 hour wack , 700 V00 it is il &f2u, 2 & naA - Cqnr : WCnt . Wyar Con ley Sall ho olwnyq f& .at � �w OFFjwe !Jr Majov is worth a bQher Wary , W is worth W , Qwn � n� inn is that in 6P future yet- OnO COPdjd! Tv � A M& RQ OVVIV� 4 1IDuPOW , Coat rloy are in the 114 & rn to 42 1510 to 00C a inawinent . Vcaynizing th- ! n� a LAOL tAxyu a -2 mple ,.• ..t CoWd � vt . w Ua City a Y &W V . 4 h v Qyc flvilion , anj APVC Lnq � � : 11 C ovoryann y ; sr . PnCP11 WK,; P( OfQnsiola 1 0 � nPavlars zn; P Pb Woyn ; � q . din CV01 . dqnLcr�� n zovor non qjght C v ;p Pq P :n yoc VP2 WIC" of haynr . ohoold wilowed to 1, 1V . swao sum a ; 4i lo procolca , Any r� odlcntn woo nn.o ­. Lo Fro for - F& CO or or War A Lha CRY of Placa . now Or : 1 thy fo ! Nra is sPiyq qnlnq to On in tko psyltion to say Nat it he a FVI - � imt jeb or ho in guiny to put in the job what- july W , ever is required . lop 3rgunurt of the next Mayor or future Psyn- may not uarr win sb1pry ; thor; K a to tne rw-! Htiv ? '� pa-tins in thp coymunlry , and WL thirc is r a� Coin ; h i 1 i ty to th'. con mWtv when tney planv Win Mayo - . to � Vnt ;OKOPOOY VKD feel Con du thq job W50 nj Wiry Th�o cok" ! Wn P Zhu NO '. fulfill thal COMOLOW 6AA .Vt is 0, no US nl "Oys SUPPOCW two-yonr term of uHicy , VhP wo ynor prrm 11VOY4 Peppy tha NYC!- iI1 frun! V the peoplu , no! N Ne Wor in 40factivo h n d ha not worth what W is 00 "g , hy ozn be rPPHceP - ! V is an positiow W there is nn Wn! lot of ro it and Oerw- fore it is a tie vcte and cs5t :d his Votc "Yws , '° Mayor Conlay commended the Finnacc Km& Uee . it was sent hacY to them last tine because naLo6y waund to poke Oak hard decision . They were asked to reconsNon U aNd Wnq it up and do it pro;e Q and said they did . I oy chengod it and lintonad to argumertn ph Council Voc said sole of the Vrq0qnHtg N2 re Wt they had to spaV. out thy intles of t Qvrl P "i didn ' t 100 the lict that Q ww- chonging the Mayor ' s vote of an7Dcn5 . tinn djy' n� Ks tErr of nfKce , That vas thn reesan he valued it On Obt Kye KwnnOsc 1c Oa > qc _� done properly , and also 'I ho respnyge of Winging it M WAR , tc ,? paper caFried an editarla W ! inq Council t3 own ! with this isfue nii front and do it not while the candiNtes WE sy opportunity Ln ru ,. Inde-qWnt candidatas ccn 4 .. , 11 fily a VVItinn tO 50 01 the k0l " this F aN . There was or nticmpt to Oy to briry it up prior r,-) filinq pyt , Lian tjNz , and that it wDs v?ry difficult hscauso thu had a procedurn they Wd zo go through . Alderohn Nfenbgrger , rormittee ChFWar , cu"Partad that as COMMUP ' Chairwan he tskoq his job soviuu� , wonp 04h 1VOKY else , aml hC' set asido his own VIC= as a job to Scy that snMathing gets Qnp - Last DecanhEr ha c6mc Woru tky Council with 1ho TZ his cowiUVne , and said ooT cf Hose m2mbprE Kcided to cnonqu tppn , minds , and he acceptai thot . UP , S�yp MWEP , Ko"ever , still U!: his committoe recnnEiacrad the sLmo jsLun one chaogrd his Vnd Ognin . Aldermin Gakenberger said ho brenght before the Sooruil a PUMM- - dc, ion of his ConmiltvC . its :002 K-Ing ( 6 ) in VIY3r , with onc pzrson ahscit . Alderman Guienhargcr said thRt tho s"mP Pc-sOP l GO W&K li " has chat their mind , and . aid as Uairm n he has nut KINIAN his rusponsibilitlos , and s he onE dingosted . The p!'. of n7s Chang& K " ON Quy times on his clamittec , W KIPS in fkygr OF , in coWtlov , two times votirg WHO 01 Runnil HOur and Vnir" fore raslyncd as Chairmon of ;he Flo Once COWUM , Kfectiyy a t a 1 y . Budnct ahK Admirlstn" tict carmittee By AldurKan Dennis : vecundcd by Wnrmo6 hoothroYd RESULIED , That $3050 5P 1rapF1 Errvi Viou AIVU WtKqenciws U, A131O.AD? Youth Pur7iu Contractual Swrvic-� . C_ r r I cd, ORO Urhia conm2ntud ckat too S3 , 70m is full , apirborsud by CA(, NeW yopk Stjtp d ; ViSj0A for YnUth SnW it 1C 00 NOWay Mt P nli � i - ble to knp ln� As ounhLy and we WI 4pnne :nn ouney 60 inu wl ' . Will 50 SUhA ; L ,Pd vh •n u 30, 00 ond NO lull vwaknt 0 !- morcv will ne rwimbursyd nc the V �% of Phvua Ap nonov � VV Lhey the _ 00 i _ 4P loci ! nkprr on tic Wart oy t 1 n�; &07 0 ; tnL j� Uq TP, ra yuyp � 1 "7 cw�n LZ L 2i V : n Wh i Cn V� z nc di: i 0�0 Nh ; uk OP! K� "a rnrnlv �k � n awoun! 0 : � 00 . Thn OCLLLI Q K� KGn Pl " C " 57"' that W� pl - -M Ad jwdnccf � ")Icn K POO qG ! hq t� 5wCon2 to the U- 0 KWCV �U . ion t{ 1, 1 I t:, 7 :, it 1 r _ A - 1 H Oh Wariv , 750 W f _ _ M . A . C . Building MGMt 1, !. t ; i t` MO ) : ., 1. ! J .e ( ... .qtr' :i r i C t i S A r H 1 S L . 1..{1xhn Y r..h c a 1 O Distciro . _C Mian : , t �f '._ South H i i i School THYRO t t 1 n D 20 31 ; LNut &W MLAIII . ..I .1e u J{. I 1 .-. h _ , ..1_ti 1 School S o h o o l +r d O A . 0 . _ ! 1 O _ e Bolin 1 � School t r 1 c .. 4 0 ._ 1 , _-,,. rori _. SL . Paul Met h",tiSt C Ad i i . (Y r l C. 1. Awrn PUTWO sas , First UnUar7Rn Cbur& FIR i WARI e D 1 .., t r co 1 0 1 ,2 N . T ) u'.i d Snrmt 47 E- 1 r is Statirm .-o . . King t. Oplar . pall Crook School Carried yt1� L n f i r:a ...{ r ,_1 t I j o.. C i 1 tJ {E i 1.{n_s r 1:jr e b accepi,- - - _. ,t c Ante r..7.,L _d J t' t? .. 3"g f a `r� l 0"J VF if i' MUM . Than t _ noy jor chp aity c : un. and draw aq it qr contram in weti n C _ ( ; 1 .. M proposed visit nor approval by this Comna CounCIV a r, . 0(: 3 N . V . ! COMMON COUNCIL PROCEEDINGS City of Ithaca , N . Y . REGULAR MEETING 7 : 30 p .m . August 6 , 1975 Mayor - Conley Aldermen : ( 10 ) Barber , Boronkay ; Dennis , Hamlin , .Jones , Neyer , Nichols , Saccucci , Slattery , Spano ABSENT : Aldermen : ( 2 ) Boothroyd , Gutenberger OTHERS PRESE�j : City Controller - Daley Planning Director - Van Cor} City Engineer, - Cox Police Chief - Herson Deputy Building Comm . - Jones City Clerk - Rundle t Deputy Fire Crief -- Tuckerman Ir PLEDGE OF ALLEGIANCE G. Mayor Conley lead all present in the pledge of allegiance to the American Flag . MINUTES By Alderman Nichols : seconded by Alderman Jones RESOLVED , ? hat the minutes of the July 2 , 1975 meeting be approved as recorded by the City Clerk . Carried PUBLIC HEARING - Zoning flap Change By Alderman Boronkay : seconded by Alderman Barber RESOLVED . Thai; the public hearing be opened on the Zoning Map Change changing the corner lot at 423 East Lincoln Street from P-1 to (D-3 zone . Carried. No one appeared to speak at the Public Hearing . Cl ose Piabl i c ;leer i ng By Alderman Barber : seconded by Alderman Boronkay RES✓?L.V`ED , That r.he publ i c hearing on the Zoning Map Change be closed . Carried COMMUNICAT O JS City Clerk Rundle read the following letter• from Pau' Wilcynski : July 26 , 1975 Pol ice Ch i e f Jc',m,'_s Herson sWhile oi? L'ayuga Lake yesterday , illy outboard motor failed and drifted into shailow wa` el~s near S eyvar � Park . I went to thank the two officers in Patrol 204 who came to my assistance . The S(`rgcan% took control imii(1ipdiutely and cont--!ctor2 the r)al4 col Lciit vh c haprlenc-d t t n 11yer , !"iew the tine , - 2 - august 6 , 1975 °A'ithin a few minutes the patrol bca.t :arrived and proceeded to bring boat to Johnsons ' Marina . The cooperation between your men and the Sheriff ' s patrol was fan- tae:tic and made me more proud to be a taxpayer in this great area . Again , many thanks for the wonderful efforts of your people . Paul Wilcynski 16 Warren Road Ithaca , New York 1650 City Clerk Rundle read the following letter from Robert H . Head , 130 Cascadilla Park . uuiy 22 , 1975 Mr . James Herson Chief of Police Ithaca , New York 14850 Dear Jim : My wife has been in poor health for many years , and as you no doubt know , she had a bad fall late this morning on the sidewalk on Seneca Street by the Savings Bank . She said almost within seconds she seemed to be surrounded by policemen , who were most helpful , called an ambulance , and sent her on her way to the hospital emergency room . Up there they gave her an electro-cardiagraph and found it was not a heart attack . She suffered several bruises , and bent the frame of her glasses , and is stiff and sore , but luckily did not break any bones . The hospital sent her home with me for rest. We are both impress---d with the prompt action or your men , and am enclosing a check in appreciation to add to the Police Benevolent Fund . Hope you will thank the men who helped so promptly . Incident- ly , when my father had his fatal stroke on Aurora Street back in 1959 , your men were the first to show up and administered oxygen to him , as it was some time before I could get a doctor to appear on the scene . Thank you all very much . Yours sincerely , Bob t,layor Conley commented that at times our employees come under criticism from time to time , so as a policy , when a letter is re- ceived like the ones the City Clerk read , they will be read to the Council . ?'sayor Conley discussed a letter received from a State Street store owner pointing out the danger in people climbing on the granite fountain on the Commons . Mayor Conley said he would ask the Police Department to keep people off the fountain and will turn this letter Over to Alderman Meyer of the Commons Advisory Board . C; ty Clerk Rundle read the following letter from John A . Taylor , Chairman , Vietnamese Welcoming Committee : The date of August 13th was choosen as "Vietnamese 'Welcoming Jay" because the Vietnamese families are the guests of the Viet- namese Welcoming Committee at the annual High School . Band picric that evening . This w-l1l be the first time the refuge families have been gathered at one place and shared in a community activity . The reasons behind the resolution are : 1 ) to call attention to the arrival of the refugees in our community ; 2 ) to provide an official welcome in order that the cit- izens do not think this is something being done by a _ 3 _ r►uyu5L o , i7iD group of "crack-pots " ; ( 3) to show the refugees that the official community does care about them and welcomes them ; and (4) to provide the possible ground for more assistance should additional refugees arrive and to let the community know that the refugees and their sponsors could always use some help . Please call me at home ( 257-2658 ) if you have any questions or comments regarding this . Thanks for your help . Cordially , John A. Taylor Chairman , Vietnamese Welcoming Co�r,ir Resolution Vietnamese Refugees By Alderman Jones ; seconded by Alderman Boronkay cc WHEREAS , The United States of America is a nation which has been U populated and enriched by the world ' s refugees ; G WHEREAS , T,� is nation has a continuing tradition of welcoming these refugees to its many states and communities ; WHEREAS , There are more than one hundred thousand refugees from the Vietnam War seeking new homes in our country ; WHEREAS , The City of Ithaca and the surrounding communities take pride -in the variety of ti�ei 'r ancestors and their varied heritages ; WHEREAS , We are a cosmopolitan community which has long cherished its 4nternational and inter-cultural inheritances and honors its tradition of welcoming new neighbors and citizens ; therefore , BE IT RESOLVED , That the City of Ithaca welcomes the newly arrived Vietnamese refugees , praises those who have assisted in bringing these Wren , women and children to our area , and encourages those who have accepted the respon- sibility of assisting these people in re-building their new lives in our community , and , BE IT FURTHER RESOLVED , That the City of Ithaca declares Wednesday , August 13 , 1975 , as Vietnamese Welcoming Day . Carried Unanimously Boardria„ Ha use City Clerk Rundle read a letter from Patricia M . Carlson regarding the Soardrnan House . 407 North Aurora Street, Ithaca , New York August 4 , 195 Dear Mayor Conley and members of Common Council : '�u'auid it be possible for the City of Ithaca to do anything to help save the Boardman House ? As I understand it , "he County Board of Representatives does not want tc; spend anything on tale but Idin,g no',%, because it might; not be part of the final plan for office space . On the other har.l. , it wants to retain control of the land . Therefore most of the plans presented so far , such as Mrs . Flight ' s proposal or the ABC Sand - bla$tin,-. Cffor , 'r eye f()und obie c ': Clnabie because of i:he 1oi1,� - ttez ; leases r egoi red . waltz ailiaz ng lack of i iiacp na t-i iln , the Boart1 vo l—'ed to raze tha 'building and the area August 5 , 1975 This plan is detrimental to the City in several ways . First, , a potentially lovely part of our heritage would be irrevocably lost . Second , DeWitt Park would be considerably less attractive . The side of the unpleasant Building "C" would be visible . And landscaping next to a park is Y•jdiculously redundant ' Third , to avoid the first two problems , the City and County might have to go to court . if it comes to this , the city should definitely defend its right to preserve its heritage . But a court case with the County means city taxpayers pay twice . It seems to me that the City could reasonably offer to lease the building from the County on a short-term basis . Funds for the beautification of DeWitt Park could legitimately be used to make necessary external repairs . The County might find a flexible short-term lease attractive . In fact , it might be possible to work out some sort of a trade . For example , the County might let the City lease Boardman House - in exchange for added office space in City-owned property , such as -that, vacated recently by the Town of Ithaca . Then , as soon as the County has come up with a firm plan for an attractive set of offices on DeWitt Park , the leases could be terminated . Our heritage should not be sacrificed except for the most com- pe' ling reasons . Please investigate the possibility of City-County cooperation ! Sincerely yours , Patricia M. Carlson Alderman Jones said she would like the matter referred to Planning & Development Committee . By Alderman Jones : seconded by Alderman Meyer RESOLVED, That the letter regarding Boardman House be referred to the Planning and Development Committee to report back at the next Council meeting . Carried 1 PERSONS APPEARING BEFORE COUNCIL Arlee Robinson of the Tompkins County Veterans Association came before Council. Mrs . Robinson said she was a past president of hey auxiliary unit and past County Chairman of the American Legion Aux- iliary. She belongs to the American Legion Auxiliary of Trumansburg . 11rs . Robinson presented the following resolution : TO THE (MEMBERS OF THE TOMPKINS COUNTY BOARD OF REPRESENTATIVES AND TO THE MEMBERS OF THE CITY COUNSEL OF THE CITY OF ITHACA : THE TOMPKINS COUNTY VETERAN ' S COMMITTEE PRESENTS THE FOLLO1JIilG RESO- LUTION FOR YOUR CONSIDERATION : RESOLUTION : To construct and dedicate a lasting Memorial to these Service Men and Women who gave their lives in the Korean and Viet Nam Conflicts . WHERE AS : There are Memorials dedicated to those Service Men and Women who gave their lives for their Country in 'World War I and World War II , WHERE AS : Ther:r, ?re ne Memo.°ia1s to those young men and wo.m,en who cave their lives , in equal Service to their Country , and these: young E,ien and women also have the right to be re- membered , with dignity and ho��or , and their names should also be inscribed for posterity , and , WHERE 4S : The Veteran of Korea and Viet Nam received no bonus and is continuing to pay the taxes that financed the World 5 -- August 6 , 195 War II bonus , and many of these young Veterans are unemployed and they and their families are receiving aid from Social Services , and WHERE AS : The World War I and World War II Memorials were con- structed with funds raised by Public Subscription , and WHERE AS : No Veteran ' s Organization of Tompkins County has ever asked for , or received any funds from the Federal Revenue Sharing , the Tompkins County Veterans Association requests the approximate amour+t of $6 , 000 to construct the proposed Twin Memorials . THEREFORE : THE TOMPKINS COUNITY VETERANS ASSOCIATION PRESENTS A REQUEST FOR $3 , 0.00 from County Funds and $3 , 000 from the City of Ithaca Funds , to construct the proposed memorials . Fleet Morse Chairman , Tompkins County Veterans Association Resolution-Memorial for people who died in Korean and Vietnam tears_ CC By Alderman Barber : seconded by Alderman Boronkay V. CC �. RESOLVED , That this matter be referred to the Budget and Administration Committee for discussion , and report back to Council .. Alderman Slattery reported that there had been a meeting on the monument . Alderman Slattery said discussion was held at the meeting regarding the raising of funds , the Veterans group felt that the funds should core from Government finds . Alderman Slattery said that the General Revenue Sharing Funds can be used for monuments , but he didn ' t think DeWitt Park would come under that definition , or if they are in a recreational area . Alderman Slattery pointed out that the County owns the present monument in DeWitt Park and the City Ca�� does the maintenance on the property surrounding it . Ash Cc Mayor Conley said that although DeWitt Park does not have recreational facilities , it is a place for persons to enjoy themselves , so he would interpret the federal guidelines that DeWitt Park is a recre- ational area . Alderman Slattery said he thought it would be nice to have the mem- orial erected for the Bicentennial year . Mr. Alvin Knepper commented that first of all in Revenue Sharing Funds you can ' t have two at the same time , the Federal and City government giving funds at the same time . It has to be from one governmental agency first . According to the Human Services Coalition handout , it would be rather combersome and difficult . Dr . Knepper commented to Aldermar Slattery it would be like giving a man a testimonial and telling him to go out and pay for his own placque . Alderman Meyer remarked that around the country there are sculptures instead of monuments , possibly this could be considered in the case of the proposed monument . Alders-ian Slattery said that this would be left up to the Veterans Organization . A vote was taken on the motion , which resulted as follovis : Carried Dr . Alvin Knepper remarked That the proposal has Lome before and bccr approves! by the C i ty ' s Planning Board , rind i is Capita 1 ;+~1pr;,)vem,ents Committee . Dr . Knepper cc:x2r enter+ That rye was not here tonight to speak on the Veterans , but th,,t he would like to speak on the in- appropr iate huge sa I ary raises , brought lip at the last Council meet- ing . Dr . Alvin Knepper remarked that since Congressman McHU h voted aga i ns I; i t, fl eel i ng that a raise :•gas i nappropr i ate duri nq re- cessi on eft tree ''Nuns: i l cr ain,hers rloy,( n>"i rIt 1.;h.:t tsse r0!j ! + ' think c3hvUC lei relati ,vn t0 ifi° C? tiZer�S 0 ' Z:( ill i )l4irirlylity . �+ Knerdper asked Council ; f they see the Frustration and the cc-,, , t2'-- nation lJ i the Ci ?i Zt?"!� - f the corii un i tY !' ex wi rice i 'ti i �ic� 111f M') 0;� menu lines , when ,h r- ire ,es h _ v " � - -e z1he �x, � 6 - August 6 , 1975 and poor etching out a living , as the government exhausts these benefits , [,'o you see a declirrEf,q tax base due to the loss of the r,!' ddle class resident moving out of the City . Do, you see proud homeowners trying to preserve their ho�mies as they stugggle to pay increasing taxes , as their fixed incomes dwindle . Do you see food prices inching upward with the hardship of raising gasoline and public utilities prices and costs draining their meager income . Congress- man McHugh ' s statement closely appliies here also . Dr . Knepper commented that it would be wonderful if we could have a cost of living escalator decreasing taxes . After all the citizens of this . City have not had a decrease in taxes in years , are they not just as deserving as you , as you claim practically the same concepts , tc justify your huge raises in salary . There was one Alderman , who remarkably enough , found the idea of huge raises of salary in hard times a little embarrasing , so he as is his right changed his vote and suffered public , immature political abuse . After all , votes shculd be taken with faith and hope , not with fear and anger . One Alderman justified the raise , in part , on the amount of criticism received . 1-ir . Knepper quoted the great Chinese Philosopher , Lao- Tse , on leadership , "A leader is best when people bearly know he exists , not so good when people obey and acclaim him , worse when , they despise him , but of a good leader who talks little , when his work is done , his aim fulfilled , they will say we did it ourselves . " Criticism is an essential part of the job , and all you Aldermen knew it when you took the job to start with . You function on crit- icism , both in the negative and affirmative . Must the public always bear the trite crime of many politicians as they go on their merry way , " I 'm alright Jack , the public be damned . " It is time for all of you , including those of the State and Federal level , to readjust your thinking , and realize that public service is really a public trust. COMMUNICATIONS FROM THE MAYOR Resignation , Jack Kieley , Civil Service Commissioner Mayor Corley read a letter from Jack Kieley , who resigned as Civil Service Commissioner: Mr . Kieley explained in his letter that his involvement in the United Way Campaign and the Junior Olympics and manv other volunteer efforts in the community , compels him to resign . Mayor Conley appointed Ms . Beth Dyer of 303 Ithaca Road to fill the vacancy created by Jack Kieley ' s resignation to the Civil Service Commission . Term to expire , May 31 , 1980 . Fire appeals Board Appointment Mayor Conley remarked that he would have an appointment to the Fire Appeals Board at the next regular meeting of Council . Junior 01 m ics Mayor Conley reminded Council of the Junior Olympics coming up . It wi11 be going on this coming weekend and the first part of the fol - lowing week . Mayor Conley said there has been u great eFfort by many people in the community to make this Junior Olympics a success- ful and memorable event . In order to make it easier for the people in the area to see the events scheduled , the City Transit- System will run to and from the areasofthe Junior Olympic garner . Mayor Conley said that there will be games on Sunday but ;.re buses do not norm- ally run on Sundays , to achieve that service , there will have to be Council approval . A discussion took place on the Council Floor. Resolution to operate buses or Sunday for Junior Olympics By Alderman Nichols : seconded by Alderman Dennis RESOLVED . That the Community Transit System be run on routes to and from Junior Olympic game locations on Sunday , August 10 , 1975 , and that the buses be marked to show they are special buses only for Junior Olympic routes . Carried - 7 - August 6 , 1975 Police Commissioner Oath of Office Mayor Conley introduced Peter J . Rodgers , newly appointed Police Commissioner, for swearing in . City Clerk Rundle administered the oath of office . Arthur Trencher ' s Fish and Chips Sign Mayor Conley commented that Arthur Trencher ' s Fish and Chips , a developer on the Elmira Road , had asked for a sign variance to put up their company national identification sign , because of City ' s sign ordinance there were problems . The Planning Board had a dif- ficult time arriving at a decision , and they did not have a recom- mendation from the Planning Department to act on . Mayor Conley remarked at a special meeting of the Planning Board this morning they have come up with a recommendation . Working with the developer , that we allow the Fish and Chips to open with their present national identification sign . Under the provisions that Fish and Chips know , that as soon as the City develops their new sign ordinance for the B-5 zone , that the Fish and Chips will comply with the new ordinance . �- Mayor Conley said the Fish and Chips were willing to comply with tC the City ' s ordinance . They were willing to go into production and design a new sign and erect it that would conform to our present ordinance . The situation is , they also know that if the City does change the sign ordinance and allows a larger sign , then they would like to have it . This would force them into putting up a sign twice . Mayor Conley re- marked that as soon as the City decides on the sign ordinance , the Fish and Cnips would conform to the new ordinance . A discussion took place on the Council Floor. Mayor Conley commented the sign meets all the requirements except the size . Resolution By Alderman Barber : seconded by Alderman Dennis RESOLVED . That Arthur Trencher ' s Fish and Chips be granted a temporary variance ors their sign and at the time of establishing a new sign ordinance , Arthur Teacher ' s Fish and Chips will conform to that new sign ordinance . Carried Additions to the Agenda Alderman Jones asked to add to the Planning and Development Agenda : 1 . Authoriz-a the Mayor and City Clerk to execute the Urban Mass Transit Capital Grant . 2 . Extension, of the bus route for the elderly from Ithaca to Ellis Hollo%, over the Labor Day weekend . Alderman Dennis asked to add to the Budget and Administration Com- mittee Agenda : 1 . Jason Nhitmar. request . Alderman Jones asked to delete item r-2 of the Planning Develop- ments Agenda . Alr : rman Jonas said there would be action on this mat- ter in September appropriation for Collegetown } . No objections were made . Ithaca Housing Authority Alderman Saecucc. i asked the Mayor to report on the Ithaca Housing Au thori ty Mayor Conleycom„merited that he inas checke O on some of the compla in'..� and f e l t a t- the t lifle the on l ',ul as to i,k the t}1 ud riCUS i f': Y?iir i eS - . .vr 6 , 1975 for the resignations for two reasons : 1 . The ir,em,bers were getting involved with operational matters . An Executive Director was hired for that purpose . The Board was getting in persoAal matters , which is the Executive Director ' s responsibility . 2 . The Ithaca Housing Authority had not clarified the duties of the Executive Director or even ground rules of their own areas that they should be responsible far . Mayor Conley remarked he was locking for a way to improve the whole situation , and to improve it , the Executive Director would have to be given the authority and responsibility to direct . Mayor Conley commented that he has picked up from the news redia that the Ithaca iousing Authority feels that they can do their job . The Board feels they can get themselves organized and they Can set out their own rules and regulations and operational procedures to follow. , 1f in fact the Housing authority feels that they can do the job and get the job done and the Mayor receives some written statement to - that effect he would be satisfied , and withdraw his request that the Housinq Authority resign . Mayor Conley said he expects one of the tvo , their resignations or a signed statement from them that they are going to reorganize tomorrow night at the Ithaca Housing Auth- ority meeting . The Mayor will report back to Council at the next meeting of Council . Mayor Conley commented there was a rumor that he has asked the Executive Director to resign , and said that he has no intention to do that . He does not want to get involved . It is , the responsibility of the Housing Authority to do that , if they see, fit. ATTORNEY FOR THE CITY REPORT Attorney for the City , Martin Shapiro , reported that he has been in contact with Mrs . Elizabeth Yanof, of the Southside Center , who is determined that she has to have a court order to sell the property by the Southside Center . Mrs . Yanof has prepared the papers and set a date on August 18 , 1975 . Attorney Shapiro remarked that he has received a letter from Mrs . Yanof stating that she expects to execute a deed as soon as Judge Bryant signs the order . Attorney Shapiro said that he has looked over the deed and it appears to be satisfactory . Usually he has discouraged Council from spending m, �oney on plans for land the City does not own yet , but because of the late date Council should consider, that if there is anymore delay , the following : 1 . The Southside will not have a Park this year . 2-. If it goes into the next construction year the cost might be 109 more . Attorney Shapiro recommended that the architects contract be amended to include the $1 ,400 increase and he be asked to go a- head posthaste in completing his drawings so that the Park may be finished this year. Attorney Shapiro remarked that he realizes there is a slight risk in this procedure , but he has the utmost assurance with Elizabeth Yanof , and the Southside Center , that they do intend to convey the land . REPORT OF THE CITY CONTROLLER City Controller Daley asked for help on the City Administrative Code from Council , there has been created a Planning avid Development Board and a new position , Planning and Development Director , there are certain things that must be done . Controller Daley asked Council to formally create the Planning and Development. Soard and he asked i4- to be referred to the City ' s Legal Council for review. Resolution By Alderman Myer : seconded by Alderman Slattery P..ESOLVED , That the Attorney for the City review the creation, of Plan- ing and Development Board , and that he report back to Council . City Controller Daley said that the creation of a Planning and )evelopment Director requires job specifications , which have to go to the local Civil Service and then to the State Civil Service and then back again to the local Civil Service . g - August 6 , 1975 Resolution By Alderman Boronkay : seconded by Alderman Jones RESOLVED , That the writing of specifications for the Planning and Development Director be referred to the Planning and Development Committee and Budget and Administration Committee of Council . Carried CHARTER AND ORDINANCE COMMITTEE Resolution - Zoning Chanae 423 E . Lincoln Street By Alderman Nichols : seconded by Alderman Meyer WHEREAS , The corner property at 423 East Lincoln Street' , which was previously zoned R- 3 , was zoned P-1 erroneously n the zoning map that was passed with the 1974 Zoning Ordinance , and WHEREAS , The purchaser of the property has petitioned to have the error corrected so that the building can be remodeled as permitted u in the R- 3 zone , and WHEREAS , The City of Ithaca Planning Board at its meeting on June C 24 , 1975 , approved the map change requested to return the property at 423 East Lincoln Street to its proper designation as R-3 , NOW THEREFORE RE IT RESOLVED , That the Common Council does hereby restore the property at 423 East Lincoln Street to R-3 Zoning and request that the Official Zoning 14ap be corrected accordingly . Carried Ithaca Commons Fee Schedule Alderman Nichols reported that she has attended several meetings of the Commons Advisory Board meetings and they have not yet reached an agreem�?nt on the Fee Schedule for the Ithaca Uommor?s . There ,gas no action recol;rnended . Centralized Purchasino Alderman Nichols reported that centralized purchasing was approved by Council at their July meeting and the Attorney for the City Shapiro , is preparing the necessary changes in the City Charter and Municipal Code . Referendum on rerrovina the words that prohibit Fluoridation of the Cites_� t r Su�tl �_ Alderman Nichols stated that it is probably illegal to do it at the primary and it is too late to have it now anyway . The Election Commissioners were no t in favor of having a special election becalise of the cost , whict; they say vrouid have been in access of S45 per vote . The 'Election Commissironers Suggested that it be clone at the November 4 , 1 -075 election . The change of the wording of vha City Charter would be along with the State chang :s on the top raavr . If Council wishes to have it done , the Council has to toil the Election Commissioner . Alderman flichois remarked that. all that is necessary is to remove the prohil,-ition on flucridation of City Waters from the Charter . Alderman Meyer asked where the State stands on the matter of fluori - dation . Alderran Nichols answ.�red the Assembly went out withnut voting On the Bill . Alderman Hamlin as�,ed the question that if the State passed fluori - A dation , 11here ,v3jlu tiles. C t.,y` 5 �x'.1i! rJ ird : t£ t" '1�1 1 �il Y: y' 4r1:^ read . At` Crn4y sh.apiro Cpl??me?? te{i 4(_-1!r?t t}'e.'c jr;IJ I , dr•f"i n . ...2 ca t . - 10 - ust 6 , 1975 eating legal fight , with various people from the community fight- ing it and the City `,ould fight it . Attorney for the City , ' Shapiro , 5( ' d there are many provisions that would apply . , The Municipal Home Rule Law delegates authority in this matter- whether there is passage or not to the State Law , to the municipalities . That Law on the State level is an unconstitutional Law. Attorney for the City remarked that he would like to see this matter go to referendum because he would have a much stronger position being able to point to a referendum. An aye or nay on the issue as to what the City wants rather than having local law which the Attorney General said should co to a referendum. Attorney Shapiro said that following the Attor- ne, General ' s opinion that this particular local law was subject to a mandatory referendum . The Municipal Home Rule Law states that the referendum will be held at the next General Election , unless it is within 60 days of the time it has passed Council , or unless Council sets a special election date . It refers to that in the original local law , and when we passed the original local law the setting of - that date was put off . It seems that at this point Council should either set a special election date now , or have it at the General Election and it should not go past that time . Resolution By Alderman Slattery : seconded by Alderman Nichols RESOLVED , That the matter of the removal of words prohibiting fluori - dation of City waters be put on the next General Election ballot . Carried Alderman Hamlin commented that he was voting in favor of the resol - ution , but that he was objecting to the way the Council procrastin- ated in not taking rip the question sooner. human Rights Law Alderman Nichols reported that the human Rights Law matter is now in the hands of the Tompkins Council Human Rights Commission . Local La:rr-Building Com.rissioner - Powers and Duties By Alderman Nichols : seconded by Alderman Jones Proposed Local Law No . An Amendment to Ithaca City Charter Section ## 2 . 11 entitled "BUILDING COIi�IISSIONER : POWERS AND DUTIES Be it enacted by the Common Council that the first sentence of Ithaca City Charter Section =2 . 11 (The building commissioner shall be under the administrative direction of the city controller ) is hereby revoked . The amended Section 2 . 11 shall read as follows : The Building Commissioner shali be under the administrative direction of the Director of Planning and revelopment He shall be appointed by the Mayor , subject to the approval of the Common Council , for an Indefinite termn . he shall be remoivable following reasonable notice and a public bearing , if he should revue,:; such hearing , (a ) � y the Common Council fey the aftir('riative vote of at lest taro-thirds cf the Aldermen or ( b ) by the Mayor with the approval of the Common Council . Mayor Conley commented that he could strongly consider vetoing this action if it is taken . First of all , the Building Commissioners ' 011:1ice 'is strictly an enforcement office ; he enforces City Codes and Ordinances . Mayor Conley said that he 'diun ' t think in any way it should be made into a Iona range planning or development operation u - Iding C(')iT,,missioner ' s closest alliance is With the City Prosecutor ' s Office , more of enforcement, type . Mayor Conley remark d chat rrciiii a Planning standpoint they are most anxious to get something dons: , and it might be contrary to our own building laws . 'iayvor Conley said that he doesn ' t chink the Building Department and the Planning Department align . Discussion was held on the floor regarding the Jurisdiction of the rsuildir;g Departrnont . 11 - August 6 , 1975 Tabling Pesolution By Alderman Nichols : seconded by Alderman Jones RESOLVED, That this resolution be tabled indefinitely . Ayes (9 ) Nayes ( 1 ) (Hamlin ) Ithaca City Landmarks Commission Resolution By Alderman Nichols : seconded by Alderman Jones WHEREAS , The Ithaca City Landmarks Preservation Commission on June 9 , 1975 , unanimously requested revisions to the Landmarks Ordinance , Chapter 32 , Section 32 . 6 , and WHEREAS , These changes are intended to clarify the application of the regulations on demolition as they pertain to landmarks in non- commercial use , c~ NOW THEREFORE , SIT IT RESOLVED , That the Common Council will hold Lf a public hearing on the proposed changes at 7 : 30 p .m. on Wednesday , CC September 3 , 1975 , in the Common Council Chambers on the proposed Cchanges in the Landmarks Ordinance AND BET FURTHER RESOLVED, That the Clerk is directed to give legal notice cf the public hearing Ly publication in the official news- paper . After discussion , the Council decided to take a recess and return to vote on the motion . Council recessed at 9 : 00 p .m . , reconvened at 9 : 20 p .m . Alderman Hamlin commented that it would appear that this changes the ordinance , it changes it to cover non-commercial property , where now it clearly covers commercial property . it would include such things as churches , etc . , plus residential property . There is case law backing this up that gives this right to the Historical Preservation Commission , this would clarify the law and expand its power and make it clearer in the City ' s Charter over non-commercial and charitable property . A roll call vote was taken on the motion which resulted as follows : Alderman, Dennis - Voted Aye Alderman Barber - Voted Aye Alderman Hamlin - Voted Aye Alderman Slattery - Voter.; Aye Alderman Saccucci - Voted Aye Alderman Meyer - Voted Aye Alderman Soano - Voted Aye Alderman Nichols - Voted ",ye Alderman Boronkay - Voted Aye Alderman Jones - Voted Aye ( 10) Ayes (2 ) Absent ( 5oothroyd , Gutenberger ) Carried Lumberyards - Resolution By Alderman Nichols : seconded by Alderman Slattery WHEREAS , The Ithaca Fire Department recommends that the storage of s0stantial quantities of lumber anV other forest pro ducts in business districts is a serious fire? hazard , and WHEREAS , There has been some confusion between building supply re- tailors and lumberyards and some ambiguity in w h2re each of these enterprises way . e permitted in the Zoning Ors' i oa nce , NOW THEREFORE BE IF RESOLVED , That Articl e :19 . 3 shall be amended '")y adding the following uet -in 1 ion : 30 . 3 ( new matP 'ial 0, end of section) 92 . Lumberyard shall mean any establish- ment maintaining on its p '1 y gran for sale to the pub! Y10, than l �� C _ ." _u o of 1WIPOV vr n� 2 ; ` ! , o ju _ i i2 - August b , 1975 j,NP BE IT FURTHER RESOLVED, That the 1,r^rJ '° lumberyards " shall be inserted in Article 30 . 23 Cisty-ict. Regulations Chart in the section I - 1 so ghat I - 1 will read+ as f'ol lows : 2 . Any use not permitted in any other district , including industrial , warehousing , wholesaling , storage of bulk goods , lumberyards , and agriculture except th«t no animals may be kept within 50 feet of any property line , AND ;E IT FURTHER RESOLVED , That the Clerk is instructed to provide to all interested parties due legal notice and to advertise for a public hearing on the proposed zoning law change to be held at 7 : 30 p . m . on Wednesday , September . 3 , 1975 , in the Common Council Chambers . AND BE IT FURTHER RESOLVED , That the Ithaca City Planning Board is requested to make its recommendation on the proposed change in the zoning law at their August meeting . Carried HUMAN SERVICES COMMITTEE Bicentennial Show Alderman Meyer reported that the Bicentennial Show will be running tonight and tomorrow night at the Hangar , at 8 : 15 p .m. Alderman Dennis commented that he toured the Youth Activities program nor this summer and he was very impressed with the way the facilities are used by so many people . PLANNING AND DEVELOPMENT COMMITTEE Contract with Urban Reinvestment Task Force By Alderman Jones : seconded by Alderman Slattery RESOLVED , Common Council authorize the Mayor to enter into a Develop- mental Contract with the Urban Reinvestment Task Force , such contract to require $35 ,000 from the Citv ' s Community Development fund , for the purpose of establishing a Neighborhood Housirg Services in Ithaca . Discussion was held on the floor on the motion with the Reverand Sala Perry asking several questions which were answered by Mr . Van Ccrt , Director .of Planning , and Mayor Conley . A vote was taken on the motion which resulted as -follows : Carried . Community Develo_p_ment Sy Alderman Jones : seconded by Alderman Barber RESOLVED , That Common Council pass a Resolution of Intent indicating CounciI ' s intention to commit $10C ,000 for a high-risk loan fund and at least $25 ,000 for administration in each of the next three years ' Ccmmunitv Development Applications . Discussion was held on the Council floor regarding the motion . A vote was taken on the motion which resulted as follows : Carried Sy Alderman Jones : seconded by Aidermar. Saccucci RESOLVED , 'That the Commor Council amend the Community Development budget by changing Line 5 ( Rehabilitation Loan and Grants ) from $110 , 000 to $75 , 000 and charging Line 13 ( Planning and Management Development ) from $10 , 000 to $45 ,000 . Carried 13 - August 6 , 1975 New York State Urban Renewal Assistance Program By Alderman Jones : seconded by Alderman Meyer Resolved : Section 1 . The following described area has been found to be a sub- standard and insanitary area appropriate for urban renewal and has been designated an an urban renewal area within the intent of the urban renewal laws of the State . BOUNDARY DESCRIPTION OF THE PROJECT I AREA Beginning at the intersection of the center-line of East State Street and the center-line of North Tioga Street ; thence northerly along the center-line of North Tioga Street to a point 160 feet more or less north of the intersection of the center-line of North Tioga Street and East Seneca Street ; thence easterly along the north line of the City of Ithaca property to the center- line of North Aurora Street ; thence south along the center- line of North AurcraStreet to the C. intersection of the center- line of North Aurora Street and East G Seneca Street ; thence southeasterly along the center-line of Seneca !day to the intersection of the center-line of Seneca Way and East State Street ; thence southwesterly along the center- line of East Green Street to the interser.tion cf South Aurora Street and East Green Street ; thence south along the center-line of South Aurora Street to the intersection, of the center--line of South Aurora Street and the center-line of Six Mile Creek ; thence southwesterly along the center-line of Six Mile Creek to the intersection of the center-line of Six Mile Creek and the center.- line of East Clinton Street ; thence westerly along the center-line of East Clinton Street to a point 190 feet more or less west of the intersection of the center- line of South Cayuga Street and the center-line of Clinton Street , which point is the southerly extension of the west property line of the property , now , or , formerly , owned by �;ilbert F . S �urrock ; thence north along the arrest property line of the property , now , or formerly . owned by Gilbert F . Sturrock to the south property line of the property , now or, formerly , owned by Edward T . and '4ildred A. Akers ; thence west along the south property line of the property , now , or formerly , owned by Edward T. and Mildred A . Akers to the west property lisle (-,f said. property ; thence r��crth along the :,rest property line of the property , now, or f,,)r-.. rly , owned by Edward T . and Mildred A . Akers to the south property line of the City Right-of-Way ; thence west 10 feet more or less along the south property litre of the City Right-of-Way to the west property line of the City Right—of-Way ; thence north along the west property line of the City of Ithaca extende:i to th;: center -- 1 ine of West Green Street ; thence east alonq the center-line of Green Street to a poinT, 120 feet i9ore or less east froi;r the intersec (-Jorr of Cayuga Street and Green Street ; 4 thence ni- rth a 1 ong the e tie "i`, r on Of ea; i 7l! i 1 u ! riC; '; iii F_ Of ttie buil ,.i �ng. no-w , or rorrierly , known as the �letir Ycri State Electric and G�.s Corporation BUildiri-! to tire. south property line of till' pro- perty no v. , ;�r `^rmarl y , •s, iii ' )v F , C 1 14 - August. 6 , 1975 or formerly , owned by F . A . tilcox to the west property line of said property ; s thence northerly along the ,rest property line of the property , now , or formerly , owned by F . A . Wilcox extended to the center-line of East State Street ; thence east along the center- line of East State Street to the point of beginning . Section 2 . The existence of said area is impairing and arresting the sound growth and development of the municipality and is inimical to the public health , safety , morals and welfare of the inhabitants thereof and of the State . Section 3 . An urban renewal plan has been prepared and approved for the said designated area . The municipal urban renewal agency has under- taken and is carrying out an urban renewal project in said area , hereinafter called the "project" , as authorized by and to effectuate the purposes of the Housing Act of 1949 as amended and supplemented . Section 4 . The undertaking and carrying out of the project is essential to the sound growth and development of the municipality and to the welfare of the inhabitants thereof. Section 5 . It is necessary and in the public interest that the municipal urban renewal agency avail itself of the financial assis- taf,ce provided by the urban renewal assisi.ance laws of the State for the purpose of carrying out the project . Section 6 . The municipality hereby expresses its intent and recog- nizes its responsibility to do whatever is necessary or appropriate to assist the Ithaca Urban Renewal Agency to carry out the project. Section 7 . Edward Conley , Mayor of the City of Ithaca , is hereby authorized to execute a thilyd amendatory State Capital Grant Contract along the State of New York , the City of Ithaca and ithaca Urban Renewal Agency in an additional amount of $44 , 500 which together with the grant heretofore made of $918 , 515 is not to exceed the sum of $963 , 615 , to assist in carrying out project activities , a c, py of which is attached hereto . Carried Unanimously Recomriendatirn on Jr. Planner to Assistant Planner By Alderman Jones : seconded by Alderman Slattery RESOLVED , That the recommendation on the promotion of Junior planner to Assistant Planner be approved in principal and referred to the Budget and 'Administration Committee . Carried Robert A . Boehiecke , Jr . -Amended Contract By Alderman Jones : seconded by Alderman Dennis RESOLVED , That the existing contract with Robert A. . Boehlecke , Jr . be ameiided to include design services for additional land in the 30LItriside Park project and that the fee for services be inc, eased from $2 ,800 to $4 , 2_00 , subject to approval by the Attorney for the City . Carried - 15 - August 6 , 1975 Urban Mass Transit - Resolution By Alderman Jones : seconded by Alderman Meyer WHEREAS, The Urban Mass Transit Administration has approved the City of Ithaca ' s capital grant request and reserved $416 ,696 for the project , and WHEREAS , The Urban Mass Transit Administration has executed the Offer of Contractual Assistance , and WHEREAS , Common Council granted the Mayor the authority to execute and file the application on behalf of the City of Ithaca with the Urban Mass Transit Administration , U . S . Depart- ment of Transportation , THEREFORE , BE IT RESOLVED , That Common Council hereby authorizes and directs the Mayor and City Clerk of the City of Ithaca to execute the Urban Mass Transportation Capital Grant contract between the City of Ithaca , New York and the United States of America . cc Carried Unanimously Y Extension of Bus Route for Elderly G By Alderman Jones : seconded by Alderman Dennis RESOLVED , That the bus service for the elderly from Ithaca to Ellis Hollow be extended one week , until September 5 , 1975 . Carried Capital_Improvements Review Committee Report Alderman Jones read the following letter received from Richard M . Daley , City Controller August 1 , 1975 To : Alderman Jones From : Richard M . Daley , City Controller Subject : Capital Improvement Requests Today I have received the revised Capital Improvement Request , this is one month after the deadline set by Common Council in June . it is my candid opinion that all requests be denied . I recognize that this is not politically possible , however , sooner or later de- partment :leads must adhere to policies established by Common Council . I would suggest no further action until Common Council has reviewed the matter and given you and your committee directions on how to proceed . Alderman Jones commented that the request needed information, so that Mr . Daley could review them and see that the Capital Improvements Committee had the necessary information for the Review Committee to act, has filtered in . The original letter concerning requests were .- sumbitted on the 28th of January . The requests were finally asked for late in May , and at the ,June Council meptir,g Council established a timetable so that the City could in fact have all of the necessary information for reviewing the Capital Budget , the regular Department operating budgets , and o that we could ajo�;t a final b .a:�get in December . The Capital improvements Committee is one manth behind , the Capital improvements Review Committee has been called twice , the first time there was no quorum , the second time we cancelled the meeting because of this memo frrcm Per . Daley . Alderman Slattery remarked that it seems that there has been ample time to come up 4'.ith the requests of ne Capital improvements Reviet! Committee . it is di _c`fitcue t to Sd4 it t' s point tha4 Council is not going to honor any of l tie r requests , but it does ;seem that there should be another deadline on the reL ;,est . !f it is not No late . then say that after that .. , Y no une is will to considapeo . _ 16 - August E , 1975 °rlderman Hamlin asked if the original letter stated that if. they (lid not submit them on ti'Tie , we would not consider- them . It could i�ot be determined whether the first letter said that if the requests were riot in by the deadline , they would be denied . Alderman Slattery asked if there was trouble with the form sent out for the requests . Alderman Jones commented that some of the information which essen-- tially is lacking is good figures for design and total project cost ; this makes it very difficult . The other thing is how tile , kinds of additional financing would be to the City by virtue of having this particular project . This makes it very difficult for Mr . Daley to respond to now much the City is going to plan for this year , and next year and the next five years . Alderman Slattery remarked there has been a total of six months , it seems there has been enough time . Alderman Meyer commented that this is an issue that needs to be dealt with , because we are trying to deal with the budget and Common Council is responsible for the budget and the deadline . Alderman Dennis said we are adopting the final budget at the end of December . Alderman Hamlin commented that he felt a final date should be set by the end of the week and he does not think that Mr . Daley and the Council should be kept waiting . City Controller , Daley , commented that if we miss this deadline of September 1 , then we are in a lot or trouble . The Mayor and I are to present a budget to Council , October 15 ; that gives us a month and a half. The more time given to get the requests in , the harder it will be tc meet other deadlines . Alderman Jones asked that the deadline not be extended at this point and the Capital Improvements Review Committee meet with Mr . Daley and determine what has to be done . Alderman Hamlin said that there has to be some decision made ; some late established . By Alderman Slattery : seconded by alderman Hamlin RESOLVED , That the deadline for submitting budget requests is August 18 , 1975 , and a-fter that date no budget requests will '>ry accepted . Carried Central Business_ District Parking Alderman Jones commented that she would like to see improved relations with the City and people parking in the Central Business District . P, iderman Jones said Council had received a letter from the D . I . B . A. on the different parking problems , and that these might, be worked out with the Police Department and the Department of Public Works . There are maps available as of Friday , showing the places people can ieoally park , and there will also be a map on the Commons time and temperature sign . ;'l Berman Jones announced that there wi l 1 be a meeting of the Boarttf Public Works , Parking , Traffic and Transit Commi ttc,e and the Corsi ions Advisory Committee in hopes of further clarifying Parking in the Central Business District. That meeting will be at 4 : 00 p . m . on the 11th of August . BUDGE-1 AND ADMINIS RATION COMMITTEE Salary Recommendations for Alcermen and Cif Judge By Alderman Dennis : secundad by Alderman Jones RESOLVED , That the Budget and Administration Committee makes the following recommendations for salaries of elected officials : - 17 - August 6 , 1975 Alderman : 1 . Effective January 1 , 1976 - $2 , 100 per annum 2 . Effective January 1 , 1978 - $2 , 500 per annum City Judge : 1 . Effective January 1 , 1976 - $13 ,000 per annum BE IT FURTHER RESOLVED , That the matter be referred to the Charter and Ordinance Committee . Alderman Nichols commented that it is very easy to lie with per- centages and she said she gets very sick of the demagoguery that cones up on this floor about 50% increases so often . Fifty per cent of $12 ,000 is quite the same number as 15% of $40 , 000 which quite often happens and happens regularly . Alderman Nichols remarked that 50% of $10 is $5 , which sounds like nothing , but 5 of $100 , 000 is $5 , 000 , so she would be very glad if in the future people forgot about percentages when they talk about raises , and talk about the cumber you started with and the number CC you are going to end up with . The Charter and Ordinance Committee will come up with a local law to this effect . A vote was taken on CC C the motion , which resulted as follows : C Carried TRANSFER OF FUNDS Tree PlantinGs By Alderman Dennis : seconded by Alderman Nichols RESOLVED , That $400 be transferred from A1990 Contingencies to A8020- 422 Planning fees for Professional Services . Alderman Nichols explained that this is to survey immediately the condition of trees in the ;lest End so that the gees that are pur- chased next year can be planted in the spring instead of waiting until fall . It is very hard to tell the condition of trees in the spring , it is easier to do it in the summer . A vote was taken on the motion which resulted as follows : Carried By Alderman Dennis : seconded by Alderman Nichols RESOLVED , That $6 ,000 be transferred from A1990 Contingencies to A8020 Planning as follows : $610 to l i ne 220 Office Equipment 1 ,000 to line 310 Office Supplies 750 to line 401 Telephone 750 to line 433 Travel 400 to line 435 Advertising 100 to line 411 Printing 2 , 390 to line 422 Fees for Professional Services BE IT FURTHER RESOLVED , That the $6 , 000 be reimbursed to the General Fund from City of Ithaca Community Development Funds . Y Carried By Alderman Dennis : seconded by Alderman Jones RESOLVED , That $250 be transferred from A1900 Contingencies to A1110- 220 City Court Office Equipment . Alderman Dennis explained that this wGney is for a public address system in City Court . Carried lg - August 6 , 1975 Accounts Receivable Expunged E". Al derman D e n n i s : seconded b, Al derrra.n Nichols, RESOLVED , That the attached list of Accounts Receivable be expunged . Alderman Slattery commented it seems that the larger amounts could he put in the hands of a collector , if it is legal to do so . Hlayor Conley asked why the yard clean-up bills were not collected . Attorney for the City , Shapiro , remarked that he has written letters and has gotten no response or reply from any insurance companies . Attorney Shapiro said that if the City would like to sue , go ahead . Attorney Shapiro remarked that even for a couple hundred dollars , he wouldn ' t recommend sueing . There has been summons served and people have moved , or cannot be found . Mayor Conley asked again why the yard clear-up bills cannot be col -- ' ected . Attorney Shapiro commented that the yard clean-ups have been taken care of by a new local law amending the Charter which will be taken care of in the future by automatically adding the clear-up bill to the tax bills . Alderman Slattery remarked that the clean-up bills are usually quite small , $37 et cetera . Mayor Conley commented that he would just as soon spend $200 a piece to collect $17 , those are the ores that the City passed an Ordinance to tell people to clean up their yards , we instructed t"e Building Commissioner to go through that process , the City crews went out 'and did the work . It is worth spending money to collect it . Mayor Conley asked if a lien could be put on the property for the amount of the unpaid bill . Attornev Shapiro remarked that you have to differentiate the types of action here . The larger ones of course , most of them have to do with accidents or damage to City property . Attorney Shapiro sc.id that , for one reason or another , these have been determined that it just doesn ' t pay to get any more out of them . It is not just a simple matter of putting a lien against the properz; , -IL : s a question of actually sueing them. There are costs attendant to that , of course if they have anything , we could get reimbursement for these costs , but even a little lawsuit like this takes a lot of time . Attorney Shapiro commented that he understands Council wanting to get +these monies , but for a $30 bill to take twenty to thirty hours of his time would be an inefficient use of the City Personnel . Alderman Slattery asked Attorney Shapiro if it would be reasonable to send them to a collection agency . Attorney Shapiro remarked that the larger ones could be sent to a collection agency . A vote was taken on the motion which resulted as follows : AYES ( 1 ) Saccucci NAYES (9 ) motion Defeated By Alderman Nichols : seconded by Alderman Meyer RESOLVED , That the following accounts receivable be expunged : ri6C4 David Liddington — - $78 . 60 1 . Acc ident - Meter post , Meter parts and Castings 2 . Attorney sent letter , $5 received frorn the mother. Mr . Liddington no longer in the area . 693 Carrier Rentals Inc . $268 . 59 1 . Accident - Pedestrian 'Talk light knocked down 2 . Attorney sent letter - no response 19 _ August 6 , 1975 # 811 Janes D . Brown - $493 . 16 1 . Damage to City Bus . 2 . No accident report filed . Attorney unable to prosecute #814 Challenge Industries - _ $350 . 00 1 . Concession at Cass Park for 1973 season unprofitable . Super- intendent Dingman recommends expungement #821 Ralph Poole - $246 . 1 7 1 . Damage to Ci_ty Bus 2 . See #811 #845 The Travelers Ins . Co . - $2 . 00 1 . Copy of fire report for 206 Third Street 2 . Duplicate billing - original bill paid 7/74 #651 Genesee BreyLiLg Co . Inc . $292 . 72 1 . Accident - Damage to sandblasting machine and injured man 2 . Employer ' s Insurance Wausau will not honor claim #749 P . W. Wood and Son Inc . - $725 . 02 1 . Accident - Damage to Fire Department Alarm Circuit #6 2 . Insurance company will not honor claim . r BE IT FURTHER RESOLVED , That the following be turned over for collection . C_ #693 Carrier Rentals Inc . - $268 . 59 I . , Accident - Pedestrian 14alk light knocked down 2 . Attorney sent letter - no response #750_ Norman Tidd , Jr . $129 . 76 1 . Clean up and mow yard at 116 W. Falls St . 2 . No way to enforce collection . Local law passed in July 1975 Tor future services to be added to Tax roll . #753 Richard Seroaren - $55 . 78 1 . Clean up yard at 505 West Seneca Street 2 . See 4, 750 #755 Fernando Macera - $37 . 22 1 . Clean up yard at 220-222 West Spencer Street 2 . See #750 #765 Mrs . Frank OrZino - $111 . 08 1 . Clean up yard at 111 Morris Avenue 2 . See #750 1838 Joseph Iiles - $43 . 98 1 . Clean up yard at 103 Eddy Street 2 . See #750 #839 "Car_7 Wambold - $14 . 66 1 . Clean LID yard at 805 East State Street 2 . See #750 #840 Ernald ?aldekas - $29 . 32 1 . +;lean up yard at 0-23 East State Street 2 . See 0750 Alderman clattery commented that on item 1#811 and #821 the reason why the City could not collect is that there no accident report flan if the bus drivers had reported the accident the City would not have lost this money . Alderman SlaT,tery reimarked that the bus drive; is responsi �le for riling accident reports and if they are not aware {,p. this , they should be made aware . 0 - r - August: 6 ; 1975 A vote was taken on the motion which resulted as follows : CarrJ ed liyor Conley asked the City Controller to see that these bills ,(,tare sent to the collection agency . Audit By Alderman Dennis : seconded 'y Alderman Slattery RESOLVED , That the bills audited and approved by the Budget and Administration Committee in the total amount of $31 , 775 . 41 as listed on Audit Abstract #8-1975 . There was a question on the audit abstract of a $3 . 63 sales tax charge , if the voucher system is not used there is tax charged on hotel /motel fees . This tax charge was removed from the audit . Controller Daley commented that there is a bill from Bon-Ton of Ithaca in the amount of $16 . 64 . Controller Daley said the question is why the Department of Public Works is not doing these repairs for GIAC . Alderman Dennis remarked that in the original contract between the City of Ithaca and GIAC , there is some language to the effect that the City will maintain the GIAC , but there are some circumstances where the City cannot do the work . Alderman Dennis said that the ity is reimbursed for these expenditures . Controller Daley remarked that another question on the audit was the Weston ' s bill for 1 ,000 aspirin for GIAC . Controller Daley commented that the question was were the aspirin for the employees , =r are we dispensing aspirin to the children . There is some voice of concern here , because the school is prohibited from doing this . A vote was taken on the motion which resulted as follows : Carried Transfer of Funds - Give Us a Chance By Alderman Dennis : seconded by Alderman Slattery RESOLVED , That $2 , 500 be transferred from A1990 Contingencies to A7310-407 Youth. Bureau Contractual Services for a contract with the Give Us a Chance Organization , and BE IT FURTHER RESOLVED , That the expenditure of more than $650 be• contingent upon a satisfactory report from the Youth Bureau and Human Services Coalition at the September meeting of ComnGn Council . Discussion was held on the Council floor on the above motion . A vote was taken on the motion which resulted as follows : Carried 1976 Budget Requests Alderman Dennis reported that the 1976 Dudget requests are due in the Controller ' s office on , or before , September 1 , 1905 , Alderman Dennis said he has rc—quested the City Controller to remind all department hoads in writing of this deadline . N Positions Request A l derriian Dennis rapoi- ted that the Sudget and Adlnii n l s tra i,ion :,ommi ttee has received two requests for new positions . it is the consensus of the comrittee that both rP.guests should be deferred until the 1976 Budget is reviewed . Alderman Dennis remarked that in addition , `ney are asking the Planning Board to investicate the possibility of creating an interim step between Junior Pjanrer and Pssistant Planner. 21 August 6 , 1975 Mayor Conley asked what the two positions were . Alderman Dennis replied that the one is the City Court Clerk to go from part-time to full -time , and the other is the planner , from Junior to Assistant Planner . Mayor Conley asked at what point is the Centralized Purchaser/ Deputy City Clerk position . Attorney Shapiro replied chat he is checking the City Charter and Code to determine which parts of the City Charter and Code have to be changed to effectuate the Centralized Purchasing . Alderman Dennis asked that a copy of the resolution on "Give us a Chance" be sent to Jason Whitman and the Youth Bureau . Alderman Boronkay asked what the Contingency Fund looks like at this point . City Controller Daley replied that as of today there is around $30 , 000 to $35 ,000 noncommitted . City Controller Daley explained CC that a lot of the money might not be spent . Controller Daley Ir said that only a few bills have been received from Palo Alto whore James Salamino was a patient , and he was going to write and ask for the bills so that iL could be settled . .Prosecution of Zoning Cases Alderman Barber asked what the City Prosecutor is doing about prosecuting some of the zoning cases that the Building Commissioner is invol % ed . Mayor Conley remarked that he did not know , but could find out and let Council know. Attorney for the City , Shapiro , commented that he did meet with Deputy Building Commissioner Jones , and a couple of properties that have been condemned by the Building Department will be torn down if the owners don ' t repair them within the thirty day time period . Audit Alderman Hamlin commented that the discussion at this meeting to- night on the audit brings up a good point . Council is directed by the Charter to do the auditing for the City . Alderman Hamlin said that the auditing is done by a committee that frequently changes its membership , and are not professional auditors . The abstract comes in with very little detail and it is rather obvious that we have a problem with auditing in this City . Controller Daley answers questions on the audit ; vendors are re- quired to wait a full month for their payment . There ought to be a consideration to delegate the authority to Controller Daley to do the audit , and have the co!-,iriiittee do post-audits , rather than pre-audits . Controller Da' ey would have the authority to reject bills that are in his mind inaccurate . It would also make him accountable if bills go through there are illegal . He is a profes- sional , and does knew what he is doing . The vendors could be paid on a b-i -weekly basis . Alderman Hamlin said the committee could serve a check and balance , and if Mr . Daley was not doing his job right it could be brought before Council . By Alderman Hamlin : seconded by Alderman Slattery RESOLVED , That the matter of Controller Daley having the authority and responsibility to do the audits be referred to the Budget and Administration Committee . Carried R u I e�, or Procedure Alderman H a m I in c o mrl,c-r t c,d -LhaI. most of t'f­ic time spent tonitir-, t i r the i n c. t)e Counc -l ' . A 1 el e- r,!- ; o xp i ;;n-, (it',_ oil 2'? - nuQust 6 , 1975 resolutions are , and what they are about . Alderman Hamlin said he is not being critical , but he said he thought it could be improved by a stronger set of rules of procedure with prof-fled reports , and prefiled resolutions and information coming to Council , prior to the meeting . After discussion on the Council Floor the following resolution ,,.,as presented : By Alderman -Hamlin : seconded by Alderman Slattery ?ESO' VED , That the matter of the establishment of a rules of pro- cedure for Council be referred to the Charter and Ordinance Com- mittee . Carried Professional Services Alderman Jones commented the question has come up on several occasions as to whether there is any policy in the way in which the City acquired professional services . Alderman Jones asked the Attorney for the City to look into this matter and adaise Council on this matter . Inter-Governmental Relations Committee Alderman. Slattery reported that the Inter-Governmental Relations Committee will be meeting on the llth of August at 8 : 00 p . m. in the Board Room . Alderman Slattery said they will be discussing the Sewage Treatment Plant proposal as outlined by O ' Brien-Gene . There should! be some resolution of that situation . Alderman Slattery asked if there will be a special meeting of Council this month , or if there could be one arranged . O ' Brien-Gere have finalized their contract and they will be making a recommendation to the Inter-Governmental Relations Committee Monday at the meeting . Alderman Slattery said it is important to do this before September. Mayor Conley said if it is necessary , he would call a special meet- ing . Day Camp - Transportation Alderman Saccucci commented there are several parents of children from 'West Hill that are concerned because of their children going to Cass Park Da-y Camp have to cross the Octopus in order to get to and from Cass Park. Alderman Saccucci said the parents would like to see a guard at ' the Octopus an hour in the morning and an hour in the afternoon . Player Conley remarked that there is transportation provided by our Youth and Recreation Department picking children up and taking 'them to day camp . Perhaps with better cooperation of the school system r�ex.t year , maybe there could be transportation from the West Hiit School to the day camps . Mayor Conley said he would speak to Chief Herson to see if a police officer could be posted at the Octopus to remedy the immediate problem . On a motion the meeting was adjourned at 11 : 15 p . m . pia f i ph 14. Rundle , City Clerk Edward J . onley , Mayor COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Regular Meeting 7:30 p.m. September 3, 1975 PRESENT: Mayor - Conley Aldermen: (12) Barber, Boronkay, Boothroyd, Dennis, Gutenberger, Hamlin, Jones, Meyer, Nichols , Saccucci , Slattery, Spano ;`HERS PRESENT: >st. Controller - Spano Deputy Fire Chief - Tuckerman �puty Building Coffda. - Jones City Historian - D. Boardman Lee Coordinator - Youth Director - Cutia Planning Director - Van Cort Supt. of Public Works - Dingman Police Chief - Herson City Clerk - Rundle Attorney - Shapiro PLEDGE OF ALLEGIANCE Mayor Conley led all present in the Pledge of Allegiance to the Ameriican Flag. WNUTES rr: Kiderman Slattery asked for a correction to the August 6, 1975 minutes. G By Alderman Slattery: seconded by Alderman Dennis RESOLVED, That the minutes of the July 31 , 1975 meeting be approved as recorded by the City Clerk. BE IT FURTHER RESOLVED, That the minutes of the August 6, 1975 meeting be corrected and approved as recorded by the City Clerk, as follows: Page 5 - Delete last line in second paragraph of discussion on Resolution - Memorial .r people wilo died in Korean and Vietnaiii Wars. "Alderman Slattery suggested a fun rising campaign." Carried PUBLIC HEARING - LANDMARKS PRESERVATION Landmarks Ordinance Chapter 32 Section 32.6 of the City of Ithaca Code Revision Open Public Hearing By Alderman Nichols: seconded by Alderman. Saccucci RESOLVED, That the Public Hearing on Landmarks Ordinance, Chapter 32, Section 32.6 of the City of Ithaca Code be opened. Carried Persons in favor of Ordinance Revision No one appeared before Council . Persons O oSii1 Ordinance Revision 1A. Vanflarter! 209 Socith Geneva Street C.11. Van i;arter cooiented that zee would like to ask tiie Commission Members, or any ;gone interested, how these revisions riight iriprove tA; operation of the Landmarks Cogmi scion. Mayor Conley ansilered ,11r. Van!•iarter saying he understood tie original resolution addressed itself to property for cisanercial lases surrounding that particular area, and this addition adds non-corifiiercial and h(*Aies to tfiat area. Attorney for the City Shapiro, roiiriented that a number of the changes, virtually all of the changes,, are for clarification purposes. The first few changes are relative" minor, but the major chances have to do ',;ith 'Making clear exactly what the case load is in the 5itiidia ion, CIS it presently sLandsw Attorney J(iuC3'ro cf im,.:nted there has been a problam in that -he origirial Laii&ia % :--; Ordinance is viri t ter iii such a way as to discuss reasonable de erent., and scwe 1poss1..1il .. as to yi`- it c,:actly it I -�° September 3, 1975 t ^ r+',ca3t. Attorney Shapiro said he thinks a number of people in this room were probably a.,�olved in the question of ambiguity, case law, on the other hand does set forth various tests in the case of non-income or non-revenue property, which in this par- ticular draft, has been taken to be synonymous with non-conrtercial property. Attorney Sn3ciro said this sets forth in the ordinance revision, essentially what the court cases that have held the tests would be in the nun-commercial or non-revenue producing " properties. INY. C. 1.1. VanMarter commented that those court cases would relate to an ordinance that described this clearly. Attorney Shapira said ,here is some question as to that also, it has been my position that that old Landmarks Preservation Commission Ordinance could apply to non-commercial j properties also Given the case law behind it. l4r. C. M. Vant-larter said he would like to state precisely in regard to the application of the Firzt Baptist Church, which he stated is a member of the Board of Trustees, s man=ber of the Building Council , and Chairman of the Building and Grounds Commission. ir. Van Marter said in regard to our appiication before this Commission, they chose to ignor that, and if it was not unclear, they did not hesitate to rule clearly in opposition to the application. sir. Van Marter suggested, for what is described in _u the Charter, the intent of the Commission to extend the powers of this body, and extend any boundaries, or extend any further property is a dos-service to the City and those people who mm property who may be effected. Mr. Van Marter stated the Commission mid not hesitate to say that one of these provisions provides for the 90-day waiting period. Mr. Van fyarter asked for clarification on the 90-day waiting period, and Alderman Nichols stated it was also in the present law. Mr. Van Marter said that was precisely what he was getting at, one of their findings was that it was not necessary that the 90-day r;aiting period be involked. 11r. Van Marter said that did not stop "hem from waiting he full 90 days,g y-, p?us 3, before rendering a decision. Mr. VanMarter said he is riot saying there is a problem with personalities, he is saying the commit- tees, in their findings, have acted in a irresponsible manner, he is suggesting to extend their duties and responsibilities and theirourview is a dis-service. He said i `here is any question about hi . thoughts an this, he would like to make it clear that he is cppose;i the Corataission as it stands, those kinds of actions they have indulged in, and the extension of this he clearly opposes. . Closed Public He_arina By Alderman Goothroyd: seconded by Alderman Jones RESOLVED, That the Public Hearing be closed. Carried Al der�man Nichols corrrr,ented that she would l i ka to respond to 14r. VaraMarter by saying as she reads the :laanges, :he , do not in any way chaneie the scope or the authority of the Ithaca Landmarks Preservation Ccrruiissionio but simply clarify the law. Alderman Nlcnols said they won't have anymore power and they probably won't act any beater or any worse. Alderman t iChOls cc: CITY OF ITHACA CHARTER & CODE Proposed Amendments Chapter 32 - Landmarks Preservation Section 32.6: Section 32.6: subd. E [concerning review of plans] Substitute the phrase "that, one of the following conditions applies:" for "either:" at the end of the main paragraph. Delete the word "or" from the end of sub-paragraph 1. Add to sub-paragraph 2: it; or In the case of a non-commercial use, that the denial of a Certificate of Appropriateness will seriously interfere with the use of- the property." subd. F [concerning demolition] Substitute the following: Demolition of structures erected on landmark sites or within historic districts and deemed by the Commission to be of a particular architectural or historical significance shall be prohibited unless, upon application and hearing the Commission finds that either: 1 . In the case of commercial property, that prohibition of demolition prevents the owner of the property from earning a reasonable return; or 2. In the case of non-commercial property, all of the following: (40 that preservation of the structure will seriously interfere with the use of the property; (ii) that the structure is not capable of conversion to a useful purpose without excessive cost; and (ii" ) that the cost of maintaining the structure without use would entail serious expenditure all in the light of the purposes and 'resources of the owner. In the event that upon application and hearing the Commission shall determine that an exception to the prohibition of demolition as set forth above exists, the Commission may, notwithstanding such deter- mination, if it finds that the structure is of unique value, deny permission to demolish. Provided, however that denial of permission to demolish shall prohibit demolition for no more than 90 days from the date of said determination, unless at the expiration of 100 days adjustments nave been made which negate the findings of either sub-paragraph I or 2 above. During this 90-day period, the Commission will endeavor to work out with the owner an economically feasible plan for the preservation of such structure, provided, moreover, that the City shall reimburse the owner any difference between a fair return and the return he might reasonably have obtained using the structure in its then state. dermas Hamlin corramented that as long as Council was amending this law, there are :o or thren, things that bother him. One, the one Mr. Van'"larter brought up, that is take action in other words there ihi �ey can stall for they , ere s nothing 90 days after 4L _q to say they have to take imviedifate aclJon. Alderman Hamlin said on page 2 of the amendments, "sho-11 prohibit demolition or no mnore than 90 daws from the date of said determination" read for no mora than 90 s da frcm t;ie date to of said application. ." Alderman Hamlin stated this would at cause ti­ieim, to act qwickly, he said he thinks it is ridiculous to give them a 90)-day aaiting period iz.nr_l Stall then for 90 days before they make the determination and then it is arother 90 days. Alderman Hamlin asked to -4- September 3, 1975 ,o,A, this amendment. Alderman Hamlin cor sentei! hat further down in the arnendnents of h r as re paragraph it reads "the Co;ia'n i ss i on will endeavor to work out with the owner an ('con(,^ically feasible plan for the prese2rvation of such stricture, provided, morey- v�h r brat the City shall reimburse the coiner any difference b^tween a fair return and the return he might reasenaDly have obtained using the structure in its then Alderman Hamlin said :his might be re=ad two ways, it is very confusing, he s ;i d he thinks what it actually rs)eans is that the City would agree to make a reim- mOursement, he said he doesn't think the lrloririission can force Council to make a pay- :,:,_nt of the difference in cost. Alderman Hz;rnl i n sa-`gd he would like to amerd that section to read "provided that the Con-rion Cou.ncit ;shall agree to reimburse." Resolution to Change /'Amendment to Lands?rarks Preservation Law Gv Alderman Hamlin: seconded by Alderman Barber RESOLVED, That the Amendments to the Landmarks Preservation Ordinance Chapter 32, Section 32.6 be revised as follows: the phrase, "shall prohibit demolition for no more than 0.0 days from the date of said determination" changed to read: "shall prohibit demolition for no more than 90 days from the dace of said application." Alderman Boothroyd commmented that this might create a hardship on the Commission. Hayor Conley commented that there is no one from the Landmarks Commission present to speak on this matter. Mayor Conley asked Alderman Hamlin if he would be willing to move to table this resolution until there is clarification on the matter. a Aidarman Meyer said she would move to table the motion. Alderman Hamlin raised the question if the motion could be tabled while another motion was on the floor. €favor Conley asked Attorney for the City, Shapiro, whether or not Alderman Meyer can move to table the whole resolution. Attorney Shapiro said that if Council wants to table the whole thing, they could do th.at.. Attorney Shapiro said he would like to call to Council 's attention that in the c1langes Alderman Hamlin is asking for, are interrated with other sections of the Landmarks Ordinance, which are not being amended. Attorney Shapiro said that at some other meeting these might be discussed. Alderman Hamlin withdrew his motion to change the amendment. Resolution to Table By Alderman Hamlin: seconded by Alderman Boronkay RESOLVED, That the motion on the floor be tabled and be referred back to theiCharter and Ordinance CowAiittee for research. Resolution By Alde;Sian Mayer: seconded by Alderman Slattery PESOLVED, That the matter of the Landmarks Ordinance Amendments be re erred to the Planning and Deveioprent Committee as v:ell as the Charter and Ordina lcc Committee. Alderman Meyer stated to Council that this matter should go to the Planing A Develop- nle,e t Committee, becdiuse it is an issue that has to do Wth furtare ic,ng-r°ange developments of the City, it is simply not a charter revision object. Alderman Meyer sai J she thinks it should be discussed on the Planning level , as Drell a,s the change in the ordinance level , that is the issue she is concerned about. Alder-v.n Hamlin stated that this resolution carpe from. the Planning 'Dop . , and they are aware of it. V 1s eri-m.zn 3oronkay asked if it has been in the Planning Dept. or the Pianning Board. ira,,or Conley said the Pianning Dept. recon-o mend it. Alderman Nichols commmented that the Planninq Board approved it, if you'll look at your acl:nda t says "Resolution laid on table and a,}?�rr�red by City Planning Board as re- qu i red by i aw. 4_ »ham C gin+. rn-4 car Alderman Jones .stated that she approved of the committee system, and suggested that this particular resolution and change in wording seems to create tremendous amount of confusion. Alderman Jones cuiTmented that she was going to suggest that all of Council hear what the Landmarks Commission has to say at the same time. It seems that Council can't seem to to able to get it straight from one day to the next. Mayor Conley said that Alderman Pleyer's point is that it does directly effect long- range development plans for the City and he said he didn't think anyone could dis- pute that. Alderman Jones said she vias not disputing; that, That she was simply saying Council a whole should sit down with the Landmarks Coimi;ission and discuss it, not only i terms of an ordinance, but also in terms of long-range plazas. ayor Conley said he would rather not do it at a Council level , but have one com- mittee or another invite all of Council to one of their meetings. Alderman Boronkay suggested to have an open meeting with the whole Council present, Alderman Meyer said that she feels very sympathetic to Mr. VanNarter and things that he said, Alderman Jones and she have been to one of the City Conferences and Alderman Neyer said she thinks this is an issue that transends with what the City alas to do with taking stock of its items that are immense value to the City. G alderman Meyer said therefore it has to be put into another frame of reference, which s being brought tonir�ht. Alderman i°fever said she feels that Council need to recon- (sider this item in terms of its economic value to the City, if Charter and Ordinance is willing to sponsor the economical value to the City and if Charter and Ordinance is willing to sponsor an issue in which the economical value is brought up, she is willing to go along with that, but she is not willing to go along with it tonight as a simple Charter and Ordinance item i^ather than a long-range economical value item for the City. Mayor Conley asked for a roll tali vote on the motion which resulted as follows: Alderman Spano voted yes iderman Slattery voted no iderman Saccucci voted no I Berman Nichols voted no Alderman Meyer voted yes Al Merman Jones vot€:d yes Al Merman Hand in voted no Alderman Gutenberger voted yes Alderman Dennis voted yes Alderman Boothroyd v)t.ed no Alderman Boronnay vatcd no Alderman Barber voted no (5) Ayes 7) Nayes Motion Defeated Alderman Slstter_v asked the Chairman of the Charter and Ordinance Committee, Alderman Nichols, to invite the .Thole Council to their next meeting of the Charter and Ordinance Committee. Alderman Nichols said she would and that she had asked Per. Meigs of the Planning Dept. to come to the Council meeting tonight, but he did not. iblic Hearing - Pruposed 7.on ng Law Change Art. 30.3 and 30.27 )en Public Hearing By Alderman Barter: seconded by Aldemnan Boroak.ay RESOLVED, That the public hearing on the proposed Zoning Law Change, Art, 30,3 and 30.27 be opened. Carried Persons i n Favor Of Zan i nq Lana Chaff No one api eared. ___. -6- September 3, 1975 Plnrsoi-is Ot)nL,?sed to Zrnirjq law Ghangc No one appeared. Cl us Public Hearing By AlderTiian Boronkay: seconded by Alderman Barber RESOLVED, That the public hearing on the proposed Zoning Law Change, Art. 30.3 and 30.27 be closed. Carried Mayor Conley asked someone to review the Zoning Map Change. Alderman Nichols said that this request came from the Ithaca Fire Dept. and essentially it covers a slight confusion that ray exist when hardware dealers store large amounts of lumber on the premises which may be residential or business zoning. Alderman ';i chio i s said according to the National Fire Code it-, its i 3th revision, any place that stores more than a hundred thousand board feet of lumber or porous products is a lumberyard and should be in the future confined to industrial areas and under the con4 of of the Fire Chief for licensing, and this of course will strengthen the powers of the Fire Cnief to regulate 1torage of lumber in residential or business zones where it is presently in existence. Lumberyards - Resolution By Alderman Nichols: seconded by Alderman Barber ✓ WHEREAS, The Ithaca Fire Department recommends that the storage of substantial quanti- ties of lumber and other forest products in business districts is a serious fire hazard, and WHL:^EAS, There has been some confusion between building supply retailers end lumberyards and some ambiguity in where each of these nt-rnrises ma,° be permitted in the Zoning Ordinance, and s Wv'IEREAS, A public hearing has been held in Corrf,,on Council Chambers on September 3, 1975, at 7:30 p.m. , and no one appeared before Council , WHEREAS, The Ithaca City Planning Board has reviewed the proposed zoning lay" change and approved it as required by law. NOW THEREFORE BE IT RESOLVED, That Article 30.3 shall be amended by adding the follow- ing definition: 30.3 (new material at end of section) 92. Lumberyard shall mean any establishment maintaining on its premises for sale to the public: more than 101•,000 board feet of lumber or other forest products. AND BE IT FURTHER RESOLVED, That the word ""lumberyards" shall be inserted in' Ar ic►e 30.23 District Regulations Chart in the section I-1 so that I-1 will read` as follows: 2. Any use not permitted in any ot'"rcr district, including industrial , ware- ho`�sing, wholesaleing, s�toraq, of b�;l goads, 14�ibErya�~ds, and agriculture except that no animas may be kept J thin 50 feet of any p,-oper :y line. Alderman Boothroyd asked ditto,nev for the City, Shapiro, to explain the wording in paragraph 2 of he resolution on -&,e floor. "2. Any use not permitted in any other district, including industrial , warchousir,g. W";olesal ing," and so forth. Alderman Sgcthroyd said it is Obviously taken out of contexLL, but he Said he doesn't know wha, co tes after it. Alderuiar, 3s.)ot-hroyd asked what the intent of that wording was. At,terney dhapiro said the intent of that is only to add the word lumberyards to that paragraph. Alderman Boathrody asked if the l ruif'!be:ryards have had the courtesy of this resolution sent to them. He eras answered no. Alderman boothroyd said he was on the Board of Fire Appeals and one hundred thousand board f,�ct Is a whole new ball game as far as a lumberyard is concerned. Mayor Conley said there is a representative of the lumberyards here, we did conduct a public hearing arld he might of missed the fact of what we are holding the public hearing on. Mayor Conley asked the representative if he would like to address Council . Ralph Avery, Manager of AgwaX Lumbar, 801 W. State Street Mr. Ralph Avery, t•lanager of Agway Lumber, 801 W. State Street appeared before the Counce1. Mr. Avery commented that he trr" ed to qet a copy of the proposed zoning change and could not. Mr. Avery said that he coved not speak on this sooner, because he did not know `pow it read. Hr. Avery Tasked how this came about, howl come that now they are picking on the lumberyards. Mr. Avery stated that Agway was not a manufac- _irer, but a retailer of manufactured goods , he said he would not consider Agway maber anymore a manufacturer than you would a furniture store. 'torney for the City, Shapiro, stated a change to the zoning ordinance as such, would effect only new businesses or new lumberyards coming into the area, Agway Lumber as it is would be known as a pre-existing non-conforming use, which if it were a new use, it would be illegal under the zoning ordinance. Attorney Shapiro remarked that the Zoning Ordinance �aould not preclude Agway from continuing this use, and the amtend^aent to it would not in any way preclude Agway from doing what it is now, within the con- fines of the area that Agway is doing it in. Attorney Shapiro said the new ordinance applies to new lumberyards that might be locating in the area in the future. In that se, they would have to comply with the Zoning Ordinance as it then reads. Attorney &apiro said the Zoning Ordinance, with amendments would not effect Agway as it is now. F. Avery said thfat 'if Agway outgrows its present facilities, they will have to come ftfore the Board for a permit. Mr. Avery asked that at that time., what would they have to do -as far as gaining a perTa t for additional facilities, maybe another floor on one of the sheds. Fire Chief, leaver, commented that the area in question is now zoned industrial. Alderman Michols said that is what Agway was told. Mr. Avery said they were told it was commercial and asked that it be clarified. lderman Meyer commented that the whole issue relating to the fact that there were new inds of establishments that were being put in B-4 districts which boarder on oein�g a dumber yard or something which was not really quite permissabie in the 0-4. Where s, in the 1-1 's this was already permissable. Mayor Conley commented that the statement was made "how come they are picking on lumberyards?" h yor Conley stated that the situation was an outgrowth after a fire in a lumberyard, of a reconstruction of a lumberyard in a zone and it became apparent to us that there was need of clarification as far as the definition of lumberyard goes. Alderman Meyer stated before the definition of a lumberyard was such that it was clear that it would be in a I-1 , but the way corm ercial industry and the way the retailing and manufacturing is going, this kind of establishment was being put in dis- tricts such as B--4, which were close to R-1 neighborhoods, and that fuzziness of the new commercial lumber is doing was putting a danger on the residential neighborhood. Mr. Avery asked what zone he was in. Mr. VanCort answered he was in an I-1 zone. Mr. "verb, said then if they were to decide on accepted plans for expansion in Am.4a 's yard, an additional floor or something like that, then the new amendment would not effect Agway. M ayor Conley confin,,ied what Mr. Avery just stated, it would not need a variance. :ayor Conley asked for any other discussion or comments. P, vote oas taken on the rmuti on which resulted as fi l 1 owns: !tarried Unani^Mously COINUIUR1ICATIONS CROP T}1L MAYOR Mayor Conley as!:ed tho City Clerk to read to Council the following lett.cr from the �tL��':1i'✓;.i:,;:ilL 0�' t"';'e1i.::1" `i'i-:tli;Tl�:S4 :f7 !'.:� 4,� �a,e» .c,, ,ii�.,?ni^;G'i' _n_ September 3, 1975 STATE OF NE'd YORK, DEPARTHENT OF NOTOR VEHICLES OFFICE OF THE CO"JITSSIONER Albany, New York August 12, 1975 To- All Municipalities 5USWECT: Abandoned Vehicles Ef'fectivw September 1 , 1975, Section 1224 (d) of the Vehicle and Traffic Law will be a!;ierided to provide that a vehicle left unattended on the property of another without peminssion for more than ninety-six hours is deemed to be an abandoned vehicle. With this amendment, the local authority will acquire the custody of a vehicle and be able to remove it frog, private property after four (4) days rather than seven (7) days. You still must notify the owner of the vehicle as required under the present law. i Mere aili be no infringement of the owner's rights by decreasing the nurr,ber of days after which a vehicle is considered abandoned. Please disseminate this information to all appropriate members of your staff. JAMES P. MELTON Commissioner C City Clergy; Rundle read to Council the following letter from Thomas Neiderkorn, Chairman of the Commons Advisory Board: { August 27, 1975 ✓ r Mayor Edward J. Conley Icrbers of the Common Council 103 East Green Street F Ithaca, New York 1450 Dear Mayor Conley and Members of the Conr,on Council : I have been requested by the members of the Ithaca Ce►�aar:s Advisory Board to bring to a� gs'r' attention a matter which we feel is or importance in the continuing operation of the Ithaca CGn"dons. The problem is one of a lack of adequate public rest roonl facilities for shoppers and visitors to the downtown area. This shortage is particularIv 'noticeable during times when large-scale promotions and other major, activities designed to attract people to the downtown are taking place; it is a problem at other tires, too. According to reF;orxs we have received there has been a substantial increase in the drop-in use of restrooms in restaurants and similar places located on the Commons providing public facilities for their customers. There is no effective way to prevent or control ti;e use of these faci.`i ti es and such use by noncus torners, because it i s now quite heavy, has apparently created some substantial operating problems and expenses "or the businoss affected. We know that there are public rest room facilities in the Seneca Street garage. These facilities are Kept locked at all tines with the key being available, upon request, from the parking attendant. At the present cirre %,f: understand only cane of the two rust rooms in the garage is av'iiabfi to the ruts il., both men and t�.omcn, the other I U a'a J for garage p;:r_-'onn"'-1 . '+`, at"'e ul so it .'.r that µddi.iii i1i11 Y`E:5t i'UOnI t es will eventually be constructed in con",unc"tion with the development of the Caldwell pr uleci:. Even so, tv,e are sympathetic to this nrcblcr that is now being experier;ced by some businesses on the Coa�rons and we feel that some attemyt si,ouid be made to provide imp ediate as well as long-terra relief. There are several things that might be done. For the long haul additional public rest ruc,r, -facilities located on or near *the Commcns rnigilt be considered. As an interim rf�adsrrr�, we might publicize the fact tfds. r,ubllc rest rooms are available in the -�- JCk/1r C1IlUCI J, 1 77 J Seneca Street garage and then make these rest rooms more readily available. This would undoubtedly involve additional maintenance expenses. It is, however, a service that is, and should be, expected by the shoppers in our downtown area and therefore we feel any additional expense can be justified. It would also be possible to have each individual business now being bothered by this problem to post a sign in some conspicuous place stating where public rest rooms are available. There may also be other solutions worth considering. In short, we feel that this problem which has been brought to our attebtion is impor- tant and one that the City should attempt to solve as quickly as possible. We refer his to you for your consideration and will do whatever we can to help arrive at an ninediate and long-term solution. Very truly yours, Thomas Niederkorn Chairman - Commons Advisory Board Mayor Conley said he has calked this matter over with Supt, of Public iJorks, Mr'.' Dingman. Mayor Conley said he would like to work at staff level and have -a recommendation back, won the inmmediate problems. Mlayor Conley said Urban Renewal will be contacted to put �xhese restrooms in with the Caldwell project. �4lderman Boothroyd asked if a copy of this letter should be sent to the Capital Improvements Review Committee. Mayor Conley commented that there is nothing to indicate Capital expenditures by the City, they are looking to use existing facilities available now and the Caldwell portion of the project will take care of the long range solution to the problem. Mayor Conley said he would lire to deal with Caldwell and Urban Renewal before coming back with a recommendation. "ile of Land -- Colbert Project iyor Conley cor,mented that the sale of the land for the Colbert Project, was the last parcel of land the Urban Renewal agency had to sell . Mayor Conley cominented that the Urban Renewal Agency has been in existence since May of 1965 and members of that agency -felt that their charge, that the community had asked them to do, as being members of that agency, was complete. Mayor Conley said the rest of Project I is strickly a matter of mionitoring the construction of that project and the close out of Project I, and the ending of the Project I of the Urban Renewal Project. Mayor Conley said they are aware of the fact the City wanted to use the' Urban Renewal Agency in conjunction with our Coruunity Development Plans and have tendered their resignation, three of then are the ones that recently resigned, all three of them were members originally appointed in 1965, and served the City at no pay during the very difficult years of Urban Renewal , when it r,fas not popular. Hayor Conley said they served in the time of when they were acquiring property, dewolishing it, relocating tenants, and they took an awful lot of heat tiering that process, b,:t did a very admirable job. Mayor Conley said the per- sons were Tony Ceracche, Chairman, Randall Shew, Vice Chairman, and Ed Arnold. Mayor Conley said the Council 's intention was to create the Community Development Committee, and an Industrial ,Development Cutamission and also to investigate the possibility of creating a Community Developmant Agency. 1,3ayor Conley said he had mentioned at that time he would appoint the sane r;,embers to all three of these committees. Mayor Conley said they would be Nearing different hats at different meetings, however, they would be workinc for one thing and that is they will be utilizing Co?nJni td ue° el op,:;ent Funds available to the City. :pointm tnts_to Urban Renew l Agency ,yor Conley appointed the following to the Urban Renewal Agency: Aldert,,an Anne 1'. Jones Llo,ld S greet Barbara 14hispell By Alderman Gutenberger: seconded by Alderman Saccucci RESOLVED, Tr-,at thy:. appointment by the 'Mayor to the Urban Renewzil Agancy of Alder-man Anne T. Jos,cs, Lloyd Street, and Barbara 1,11hispell be approved. Carried Septeriber 3, 1975 City Prosecutor and Buildings Commissioner Positions i'tuvor Conley conimpnted that he would like to explain to Council what his concerns and position is on the City Prose uttor and Building Coiywissioner jobs. Mayor Conley said by have a very difficult situation with the City Prosecutor working in a non-con a.�.arsq use. The prosecutor is trying to decide whether to sell this building, move his offices, or to offer his resignation. Mayor Conley remarked that it sounds to many that it would be a very simple solution, it has been a very frustrating experi- enr-e for Council to enforce our City's Zoning Laws and Code Violations. The prose- cutor had mentioned to some of time members of Council the cases weren't coming to him, frcT, the Building Corrviissioner`s Office. Mayor Conley said he was in conversation Allow. with the Prosecutor and the Building Commissioner, when the Prosecutor asked the Building Coranissioner to hold up on the zoning cases until the .Prosecutor had a chance to catch up on his work load. Mayor Conley said in conversations with the Police Chief, the Prosecutor and District Attorney, it is not an easy solution. .First of ail , the decision would have to be made whether or not the City would be willing to give up the position of prosecutor and ask the Cistrict Attorney's office to assume it. First of all , the Nayor said, from the law enforcement standpoint, the judge's standpoint, they wouid like to have the ability of the District Attorney to assume that responsibility, and what would he have to provide the manpower to City Court during that period of time. iiayor Conley commented the Mayor in the City of Ithaca has an opportunity to implement some of the things he would be selling himself or herself to the community as far as enforcement is concerned. Mayor Conley said the City Prosecutor's position is terribly important, the District Attorney's Office is not prepared and will not be prepared to .handle zoning cases and other types of city_ violations in City Court. The District Attorney offers criminal prosecution, mis- demeanors, traffic violations, etc. , for other jurisdictions around, or other justice of the peace courts around the county. The District Attorney would be obligated to pick up that responsibility in the City of Ithaca. Alderman Hamlin asked if the District Attorney said that he was not prepared to pick up zoning violations , etc. , in the City. Mayor Conley replied what he was saying is that from the District Attorney's staff point of view, and from the District Attorney's Office set-up point of view, the District Attorney is not offering that service to any other municipalities and }mould find it very difficult to offer that service to the City. Alderman Hamlin asked if the District Attorney is required by law to offer that service. Mayor Corley said he was not sure of that. i ' Attorney for the City, Shapiro, said he would have to check on it, but he thought the District Att-,orney is only required to enforce State laws. Mayor Coct14 ° said he thought this was something time Council should consider seriously. vlayor Con1c,­ said that the Mayor would be in the position when he/she takes office, to at least hF=.ve some handle on the enforcement of law in the community. Mayor Conley- said by the appointment of a prosecutor, he could handle some of the problems the community bras facing, where the District Attorney's Office is a little removed from that, unless the City in some way had an opportunity to appoint the person to be in the District Attorney's Office. Mayor Conley said the prosecutor, from a law enforce- ment standpoint and a police department standpoint, he does a lot of investigation, and spends a lot of time doing it, he is doing an excellent job. Piayor Conley said he is looking into realigning the Prosecutor's responsibilities so to speak, and maybe come back to Council once ie has soffle recormendations, on the possiblity of having a special prosecutor, who would handle strictly the zoning vio- lations, the fire codes, and the housing codes, and leave the City Prosecutor to take care of Traffic Court, violations in City Court. "'ayor Conley brought to the Council 's attention that recently the Council save: the Prosecutor's position an increase, be- cause they realized it was a responsible and difficult job. Piayor Conley explained the situation with the Building Commissioner. Mayor Conley said we could have an insp ction of all the houses in the community, which we have had and it wormed out very well. The Building Commissioner is sometimes put into a position where his heart might overrule if a person has a hardship, therefore, we have an appeal process, and in turn possibly our Comm;ur,ity Development Group or Housing Rehabilitation Croup. Mayor Conley said he would like the Building Com- ri-iss ionPr to follow the strict regulatic,ns of the law, and refer hardships to the vey!per agency that could help those who need help. Mayor Conley said he wanted to 1=ccd--, at ell the aspects of the job and pick the proper person for the ,lob. '•' September 3, 1975 Alderman Slattery said he would be speaking for himself, that he recognizes it is the i11ayor's prerogative and authority to appoint the Building Commissioner. Alderman Slattery said it also appears to him that the Building Commissioner should have a review board, but the Building Commissioner could aide and assist in estab- lishing this review board. Mayor Conley said the Building Commissioner should go in and inspect property from the City Code aspect only, he should not be the person to deal with the property owners financial problems or other hardships. Mayor Conley said the problem is twofold, enforcement and prosecution even though Council has done everything possible to elevi- ate the problems, but still has not accomplished what they want to do, enforce the ­)des. lderman Hamlin remarked there must be a lot of violators of the Building and Zoning �,,-dinance who haven't beeninto financial hardships. Alderman Hamlin said that there has to be a Building Commissioner soon, there are a lot of violations that are not being taken care of. Alderman Hamlin agreed with the Mayor that there should be a committee set up to ease difficult situations, but let's have it. t Mayor Conley commented that it is not the case of violations not prepared, but the case of the prosecutor not having time to get to them. E Alderman Gutenberger commented that the sighting of violations has not stopped. f lderman Slattery remarked that it probably could be carried out in a better way 'if � :., here was a full-time Building Commissioner. �94ayor .Conley remarked that there is another lawyer in the neighborhood of Robert Hines who is trying to get zoning changed, from residential to business. Mayor Conley said if that is acceriplished, that would solve Mr. Hines problem, he is waiting to see how that goes. Mayor Conley said that if this comes to the Council floor, it would be # passed over his veto. Mayor Conley commented that this is not the first time we have had a problem with prosecuting zoning and building code violations, it has been a problem with every prosecutor we have had. ADDITIONS TO THE AGENDA Inance Committee Alderman Dennis requested Council to add to the agenda: a 1 . C.E.T.A. employees for the Planning Department 2. Further action on the Give Us a Chance program No Council Members objected. Planning and Development Committee Alderman Jones requested Council to add to the agenda: 1.- Historic Resources 2. C.E.T.A. 3. Rothchild's Triangle Piece of Land N No Council Member objected. COMMUNICATIONS FROM THE MAYOR Con't. . Ithaca Housing authority carman Saccucci asked the [tayor to report on the Ithaca Housing Authority. :na,yor Conley reported that he received a letter from the Ithaca Housing Board that in essence, told him they were doing to claify the roll of the Executive Director, clakrify the roll of the Board itself, and bring llp to date al 1 their r �IeSr7� tions an procedures and have themm all clarified and follow those procedures. Mayor Conley said he has withdrawn his request for resignation. Alderman Saccucci asked if they had ever made their back payments in lieu of taxes. Asst. Controller Spano clarified they had made the back payments. i Cd {:?p Vin ► cr , 1975 ;I.'s TO RNEY FOR THE CITY REPORT Sojthside Center 'I.tor~ney for the City, Shapiro, reported that he does have the deed on the property for the Southside, but he has not had a chance to review it as yet. Attorney Shapiro said it P411 appears in good order, he will record the deed on Friday or Monday morning. Officer William Dockstader 'Attorney Shapiro asked the Council to recall the accident in February of 1974 in which Officer William, Dockstader was very seriously injured at the Octopus. Attorney Shapiro said as a result of this accident, Officer Dockstader was off the job many days and the doctor and hospital bills which were considerable. Attorney Shapiro said the City was obligated to pay the salary and medical bills under General "Sunicipal Law, Section 207C, in accordance with the law the City also gains a cause of action. against the one who caused the injury. Attorney Shapiro said to date, the total amount is $12,564.61 . Attorney Shapiro said that Officer Dockstader is pretty well recovered, he hasn't missed any days in about a year in respect to his injuries. Attorney Shapiro said the insurance company of the driver of the truck and the company ha.s made payment in full to the City in the amount of $12,564.61 , and asked the City to execute a general re- lease. Attorney Shapiro said he wants the officer examined by a police surgeon before he signs the release papers, all the medical reportssCia� Officer Dockstader recovered as much as can be expected. Attorney Shapiro said it is possible there could be a re- lapse, but if the City Surgeon certifies that he is okay, then ae should sign the re- lease. Therefore, Attarney Shapiro said he will ask the Council to pass a resolution to have the Mayor sign the releasa upon a report from the City Surgeon that Officer Dockstader is in reasonably good shape. By Alderman Gutenberger: seconded by Alderman Spano RESOLVED, That the flayor sign the general release foam, releasing the insurance ccmpany from further responsibility to the accident involving Officer William Dockstader at the octopus on February 25, 1974, providing the Surgeon's report shows Officer Dockstader is no longer effected by the accident, and with the concurrence of the Attorney for the City. "" ' Alderman boothroyd asked if this was an action on the part of the City or the indi- vidual also. Attorney Shapiro said that it does not release the individual action Officer Dockstader has against the company. A vote was taken on the motion which resulted as follows: Carried Attorney for the City, Shapiro asked Chief Pierson to arrange Officer Dockstader to see ' the Police Surgeon (Dr. Kieffer) Rosemary Lane Attorney Shapiro explained the State owes the City of Ithaca quite a suer of money on the Rosemary Lane issue, and another arterial. CITY. COf+TROLLER 6udaets Mayor Conley reported that all the budgets were in except the D.P.W. and Planning Dept. Mayor Conley explained the D.P.W. has asked the Board for a delay, for the purpose of bringing the Budget before the B.P.W. prior tc sending it on to Council . Discus-sion was held on the f loar regarding the D.P.W. Budget. Re -ess Council recessed at 9:05 p.m. Reconvened Cnuricil reconvened at 9:50 p.m. CHARTER AND ORDINANCE COMMITTEE Lumberyards Alderman Nichols commented that the matter of lumberyards was taken up previously in this meeting. 1 Landmark Preservation Ordinance Wording Changes - Public Hearing Alderman Nichols reported that the matter of the Landmarks Preservation. Ordinance Change in Wording was referred to the Charter & Ordinance C6,znittee, which will meet th Asst. Planner Mr. Meigs, during the next two weeks. ammons Fee Schedule ' Alderman Nichols commented that I.-he Commons Fee Schedule is still under consideration. There is a letter from Mr. Heiderkorn requesting a notice be placed near the fountain stating that it is illegal to climb on tiie fountain inaany way or throw refuse into the pool . Alderman Plichols said the Charter and Ordinance Committee will take these a matters up at their next meeting. Alderman Nichols said there is a matter of enforce- ment of Cormlons Rules throughout the Tax Benefit District. The Tax Benefit District extends a block either way beyond the Commons itself. The Charter and Ordinance committee will take it up in committee. �ORDING CHANGES IN MUNICIPAL CODE Alderman Nichols reported that some wording regarding centralized purchasinq and wording regarding Planning and Development had been referred to Charter and Ordinance Committee. Alderman Nichols said her committee received a letter from the Attornev for the City saying that he didn't feel that these required any Charter change, and that if we i-ished, we could pass a resolution changing the wording. Alderman Nichols said that matter would be on the agenda for October. Television Cable Commission ^lderman Nichols reported the Television Cable Commission has had two meetings for tudying tiie financial records and determining the validity of reouests for rate ncreases. The Television Cable Coa. ission will be meeting with the Charter and ,:rdinance Committee during September. Alderman Nichols remarked that it would be one of the Television Cable Cornmission's duties to handle all complaints -- they should be referred to Professor Ulloth the Chairman of the Commission. Mayor Conley commented that it was not a charge of this commission at this particu- lar tire. Alderman Nichols remarked that it was in the legislation. Also they are going to be drawing up some of the procedures to help in obtaining public access when that becomes a legal requirement. The Television Cable Commission is going to try to have - good hours and good procedures. Noise Alderman Nichols commented there has been a lot of discussion on various noise.ordin- ances that viere proposed. Rumor has gotten around that the City does not have any legislation; against noise, and therefore you can go ahead and make all the noise you want. Alderman Nichols said that rumor is not true; there is enough there in the charter that is perfectly possible to enforce these regulations. Alderman Nichols referred to itern 65.32 of the Municipal Code says clearly, no person shall play, operate, or use, ,or cause to be played, operated or used, any mechanical instrument, radio or wireless, speaker orho;n, or any other instrument, device or thine in the vity so as to disturb the peace and quiet of any neighborhooi, Alderman Nichols said the Charter and Ordinance Commission gill try to add more to item 6,:.32 to broaden it. Omnibus human Rinhts Land Alderman Nichols reported that there has been no report back from the Staff of the Tompkins Council Human Righits Co,-,-,mission. BuilL1U Cranissioner Resolution Alderman Nichols commented that the Mayor has already st:�oken to Council about tl;e Building Connrnissioner position and time vc;+:.anc'y in that p,..isi�i:ion. AIderran Nichols said Sire. Lhought the CG!.lnci 1 st'.cnis, do be in fairly �ki%.ii ra I agreement t with th( ri'ova September 31 1975 Of the Mayor and perhaps both groups understand each other. This resolution was approved at the Charter and Ordinance meeting in AUMIst at which five ittee were present, and it was approved by all present. COMM I members of the BY Alderman Nichols: seconded by Alderman Barber INIHEREAS, There appear to be numerous existing violations of the City oc buildin- anG Zoning Codes, and I Ithaca Housing, 'V!HEREAS, The Position of Building COIN-nissioner has been and continues to be vacant, and WNHEREAS, The Building Commissioner is the responsible official 60 carry out en- forcement of the Housing, Building, and Zoning Codes, the NOW THEREFORE, BE IT RESOLVED,- That the Charter and Ordinance Committee does call upon the flayor to appoint a Building Commissioner immediately and that the Building Cop.1i"issioner shall enforce the Housing, Building and Zoning laws diligently with the full support of the Common Council . - Alderman Gutenberger commented that the whole resolution is quite superfluous. Alderman Slattery commented the Charter does call for a Building Cow-issioner and there should be one appointed, as soon as possible. Alderman Hamlin commented that he didn't understand Alderman Gutenberger's rational if we don't need a Building Commissioner, then why did Council act eleven months ago to create a position of a full-time commissioner. Alderman Hamlin said that we created that position and assumed at that time it would improve the Building Commis- sioner's Office, has been long enough without one, and we should hire one. Alderman Boothroyd commented that the intent of the resolution was to hire a compe- tent Commissioner as soon as possible, to take 'immediately' out of the resolution and put in 'as soon as Possible, ' then he would vote for the passage of the r esolu- tion. A vote was taken on the motion which resulted as follows: Ayes Nayes (1 ) Gutenberger Carried Abolition of the Position of City Prosecutor Alderman Nichols reported this matter has also been discussed earlier in this meeting. Alderman Nichois reported that the matter has b, en discussed to abolish the position of City Prosecutor and transfer the prosecution of crimes to the District Attorney's Office and violations of the City's building, housing and zoning laws t' for the City. o th® Attorney Mayor Conley remarked that he wished the City Judge and City Police Chief be invited to any further deliberations on the matter of the City Prosecutor. Alderman Hamlin asked that the Attorney for the City to give the Council a formal ruling on the duties of the District Attorney, and whether or not the District Attorney is fil charge with the duty of enforcing City ordinances. Nichols remarked that the Charter and Ordinance has made a recorri.qendaticn to Alde—,M,ar I abolish the City Prosecutor Position January 1 . 1976. If Council does not want to consider this, it won't be pursued. Aldermar Boothroyd asked if the City presently handle, a good share of th- traffic Violations for the county or, does the county take care' of their own. Mayor Conley s.-id the traffic Violations arrests made in the City are prosecuted in �-Y tile City Court. P LA;4,N 1 ING ANID DEVELOPNENT CO jM,I-'I TTTEE Carlson letter and G3a-dman rillouse Alderman Jones reported she received a letter from Mrs. Carlson concerning some kind I a possible exchange of leased space bett,,!een the City and the County in relation to DeWitt, Park. Alderman Jones said the Plannino and Development Committee has no recommendations on this at this time. "Y�...rl; ai -. J.'i:,:`,.. A ... _. ._2 t r...<.... ..... _v• .x.s n.a rs c>.w.n- .•..a: -rs -,..c....F .,. a a.—.��.�...+....-.,--.,a.�..�..�- � .. -. -i 5- September 3, 1975 Ga/ DeWitt Park, Economic Preservation By Alderman Jones: seconded by Alderman Boronkay RESOLVED, That the Planning and Development Committee make the following recommenda- tions: 1 . The Planning and Development Committee recommends that the whole issue of preservation on the economic development in the DeWitt Park area has a broad range of effects on the viability of the inner city and must be given due, consideration. 2. The Planning and Development Conn- ittee recommends that the County be urged to continue to consider the feasibility of the Boardman House in the park area. AND BE IT FURTHER RESOLVED, That a letter be sent to the Chairman of the County Board of Representatives from Common Council stating the City's position in this matter of DeWitt Park. Alderman lNeyer said she understood from the papers, that the County Board is consider- ing using $5,000.00 to develope plans regarding DeWitt Park. Alderman Meyer said she Chas been to a number of meetings regarding this issue, and that she would like to have letter drafted to the County Board stating that the County take the City's position C:seriously in the matter of the DeWitt Park. Mayor Conley remarked that he thought the letter should be from the Common Council and signed by him. A vote was taken on the motion which resulted as follows: Carried Collegetov;n Beautification Project Alderman Jones said the Planning Board is asking for an initial $1 ,000 general plan- ng request for the Collegetowvn area. The Planning Committee has recommended at its cling, that the initial planning on this request be considered as part of the total Ilegetow•rn project, which is currently being reviewed by the Capital Improvements Review Committee, which comes to a total of 518,000 or $19,000, depending on how the $1 ,000 is allocated. The committee's recommendation was that the planning should be part of the total capital review project. Alderman Jones said she would present that recommendation to the Council as a resolution. By Alderman Jones: seconded by -Alderrman Meyer- RESOLVED, that the initial planning on the Collegetown area be considered as part of the total Collegetown project, which comes to a total of $18,000 or $19,000, depending on how the $1 ,000 is allocated. Discussion was held on the floor. A vote was taken on the motion which resulted as follows: Carried By Alderman Jones: seconded by Alderman Meyer RESOLVED, That there be citizen participation and review as the Collegetown project —�,ceeds and the inclusion of 400 Block of Eddy Street, in the project. Carried Muni cipai--Park,irig lot on Dryden Road By Alderman Jones: seconded by Alderman Mleyer RESOLVED, That the municipal parking lot on Dryden Road be returned to the City. Carried Mayor Conley commented that he would like to explain what has happened on the munici- pal parvkincj lot on Dryden Road. Mayor Ccrilc'y said 'tj=.� 1 s tried many times to get the U.D.C. people to return the parking lot to the Cite, btt although they have said they will get it done, they 1javen`,�s as yet. Lei 11he nibus - Elderly taus Run By Alderman Jones seconded by Alderman Barber ' LSOLVEO,. That the elderly bus run be continued for four months (September 2 through �ec� �,ber 31 , 1975) under a cooperative agreement between the City of Ithaca, the :Vii of Ithaca, the County Office for the Aging and Groff associates; that the B.P.W. be directed to manage the bus run; and that fares shall be according to regular SCn,,,Alu?e; that the Town of of Ithaca be requested to allcw the City .to run City buses on tovin roads; that the City continue to use Valentine Place as Nermi.wted by Ithaca Lollege; and that tine Attorney for the City be requested to draw up an appropriate contract with the County Offica for the Aging, amid the Town, and Gruff Associates, whereby the City's 400' share of any deficit in the bus run and said deficit will be Paid by the Office for the Ar7ing and that upon the drawing up of said contract, the ;,;ayor and the City Clerk shall be authorized to sign same, AND BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the Town of Ithaca for its action at its September 3, 1975 meeting. Alderman Jones commented that for the Council 's information, as fall proceeds, the City will have to work on how to run a bus after the first of the year. One of the things, in discussing the project from May through the month of August, it was pointed out to us, there might he a larger number of passengers riding the bus if the hours are chanced. Alderman Jones said there -.,ill now be a round-trip bus route at 9:30 a.m. to Ellis Hollow from Ithacare, downtown and pass the Senior Citizens Center. There will be a return-trip to Ithacare, Elderly Housing, the Town of Ithaca at 2:30 p.m. Some people felt the two-hour stay downtown was not enough, and that was perhaps one of the reasons why the overall occupancy went down 50`,'x. Alderman Jones remarked it is hoped that the four to five-hour stretch Brill enable more people to use the Senior Citizens Center, perhaps the Office for the Aging and the Red Cross will be able to supply that need for anyone who needs a luncheon. The only run the City is involved in is the two round-trips three days a week. Alderman Boothroyd remarked that it is his understanding that the City will lose no mroney on ti-his project. Alderman Jones said any deficit will be absorbed by the Office for the Aging. Alderman Slattery commented that he would like to commend Alderman .Jones on the job she has done on this. Alderman Slattery then asked about the legality of using a City bus in the Town of Ithaca. Alderman Jones remarked that is why the City is' asking again for pertiassion to run the bus on Town roads. A vote was taken on the motion which resulted as follows: i Carried Rothchild Land Aqreement Resolution By Alderman Jones; seconded by Alderman Barber i s WHEREAS, The City of Ithaca at its April 11th Cornon Council meeting screed to accept a triangular parcel of land to the east of James Rothschild 's new building and as roughly outlined on the enclosed survey, and WHEREAS, The City of Ithaca thanks Rothschild's for his gift of said price of land, and s 9 WHEREAS, Mr. Rothschild and the City have discussed the conditions under which the property will be deeded, NU THEREFORE, BE IT RESOLVED, That the conditions under which the Attorney for the City may request and accept the deed -For said property are as follows: i 1 .j Rothschild's will pay the South Aurora Street corner assessment as part of the Commons Benefit District -1--cording to the Conrions Fenefit District lines to be established by the Board of Public Works. t 2.) that Rothschild's will share equally with the City in the improvement of ? said deeded land and that tb,Ie total snared cost of said improvement to Rothschild's shah, not exceed $3,000. Carried Unanimously -ii- September 3, 1975 Alderman Jones commented in connection with this particular piece of land introduced the following resolution: By Alderman Jones: seconded by. Alderman Dennis WHEREAS, Rothschild's Department Store will be deeding the landknown as the Rothschild's Triangle to the City of Ithaca, and WHEREAS, it is proposed that this land be improved jointly by the City of Ithaca and Rothschild's, NOW, THEREFORE, DE IT RESOLVED, That the project authorization for the Ithaca Commons amended to include the Rothchild's Triangle within the project limit line. ,lderman Jones asked Supt. Dingman to explain to Council why this is a way of handling ,his :natter and why it is done this way at this time. Supt. Dingman replied a plan or design has been developed which would make this tri- angle, when developed with a sidewalk and planter, be compatible with the mall . It appears now that the City will have sufficient funds in the present hall authoriza- tion to cover the cost of doing the work. However, it is his understanding that the authorization of the ,tall dealt specifically with State Street and North Tioga Street. Consequently, Supt. Dingman said he would not be able to spend more money on this triangle without this particular action. "'Alderman Jones asked fir. Dingman, what kind of input into the design of that piece of ;"Jproperty will still be available. Alderman Jones also asked will there still be an ;Q opportunity for input into the design of that piece of land. Supt. Dingman replied what kind of input would you like. A plan has been developed. The plan has been reviewed by the Planning Dept. ; he has looked at the plan himself and has no objection to it, and believe it is feasible. Supt. Dingman said that if there is a feeling that there should be further input or approval , he felt that Council should provide for it. Mayor Conley commented that he knows the architect has not been paid for this at all -nd has spent a lot of time on it, just because he wanted to make it a nice place. the architect has worked this out with Vlarner, Burns, Toane and Lunde in connection gith the Rothschild's portion of the project, and worked it out with Rothschild and nas gotten his approval . The Planning Department and the Dept. of Public Works have looked at it and see no objection to it. Supt. Dingman remarked that the plan was developed by the architects who had been working both on the ;fall and the Rothschild development, and if Council wishes further approval or input, that would be fine, but he only asks that it be expedited because are ought to move fairly rapidly if it is to be completed this year. Alderman Jones said she was wondering if the public or one of the Boards had any opportunity to act on this. Mayor Conley said that if any of the board or committees wished to see these plans, they are available to them. A vote was taken on the motion which resulted as follows: Carried Commons - Rules and Regulations By Alderman Jones: seconded by Alderman Nichols ;ESOLVED, That the matter of swimming in the fountain on the gall be referred to the ,harter and Ordinance Committee. Carried By Alderman Jones: seconded by Alderman Dennis RESOLVED, That the matter of uniformed maintenance personnel and walkie-talkies on the iial i be referred to the Budget and Ad iinistration Committee and the Coinrions Advisory Board. Carried °i � Ceptcr;ber 3, 1975 ;7:Jthside Plakround _ Sol ,ci tion of Bids 3y Alderman ones: seconded by Alderman Barber W__OLVED, That Superintendent Dingman be authorized to solicit bids for the construc- tion of the Southside Playgruund. Carried Cof,snunity Development Commission By Alderman Jones: seconded by Alderman Dennis 1,.'HEREAS, An economic development study is being prepared under the Community Develop- ment program through a work-study contract with Cornell University; and WHEREAS, The approved Community Developent-n budget includes Ten Thousand ($10,000) Dollars for an Economic Development Study; THEREFORE, BE IT RESOLVED, That Common Council authorize the expenditure of Five Hundred ($500) Dollars from Community Development funds from the Economic Development Study Project for completion of an Economic Development Study. Carried Children's Swim area at Cass Park By Alderman Jones: seconded by Alderman Boothroyd RESOLVED, That $15,000 be transferred from A1990 Contingency to Cass Park Wading Pool , to bring a total to and not to exceed $80,000. Alderman Jones remarked that $65,000 was originally appropriated for the I-lading Pool , and pointed out several deletions that would hold it to the $80,000 figure. Further discussion was held on the floor on the motion. A vote was taken on the motion which resulted as follows: Carried Historic Resources Survey - Personnel By Alderman Jones: seconded_-.bv—Alderman Gutenberger WHEREAS, the City of Ithaca is requried, under the terms of legislation governing its Community Development Program, to complete a survey of the historic resources of areas to be affected by CD actions, and to further process the data so obtained in order to insure the preservation of certain of those resources, and WHEREAS, the City Planning Department is conducting such a survey and has determined that additional assistance is necessary in order to expeditiously compicte it so that CD activities may proceed in a timely manner, and WHEREAS, funding for such assistance may be available through Comprehensive Employment and Training Act (CETA) Grant funds administered by Tompkins County, to re- imburse the City 100110' for personnel hired for the survey, NOW, THEREFORE, BE IT RESOLVED, That the establishment of two (2) positions of Junior Planner (Temporary) be established in the Planning Department, one for three (3) months and one for nine (S) months, as determined necessary by the Department for the completion and processing of such historic resources sur- vey, and BE IT FURTHER RESOLVED, That such positions shall be established dependent on the approval and extent of such CETA funding. Carried CETA Funds - Junior Planners By Alderman Jones: seconded by Alderman Dennis WHEREAS, the City of Ithaca has made application for Comprehensive Employment and Training Act (CETA) grant funds administered by Tompkins County, for the purpose or employing two (?) Junior Planners (Temporary) for periods of three (3) and nine (9) months, to complete and process a survey of historic resources in the City's C,ouinunity Development Action Areas, and -19- September 3, 19,75 , WHEREAS, use of the funds for this purpose, if granted, will be subject to the terms of contracts to which the City and County will be signatories, NOW, THEREFORE, BE IT RESOLVED, That the Mayor of the City of Ithaca and the Attorney for the City be authorized, in their respective capacities, to negotiate and sign such contracts and documents as are necessary for 1 ) the employment of such persons, and 2) to insure the City's reimbursement from CETA Grant Funds for all salary and related expenditures temporarily borne by the City in connection with such employment. Carried Urban Reinvestment Task Force Contract Agreement Alderman Jones asked if the contract with the Urban Reinvestment Task Force had been signed and when do they intend to proceed? Mayor Conley commented that the contract has come in and is with the Planning Depart- ment. Mayor Conley asked the Planning Department staff when the task force was going to proceed. Mr. MacDougall, Planning Department staff answered that it would be signed by the end of the week, and task force personnel are being interviewed. Alderman Jones asked the Mayor if he had intended to up date Council on some of the aspects of the downtown development. Mayor Conley said he would discuss the matter after the agenda has been completed. Environmental Commission Alderman Meyer reported the Environmental Commission will be taking exhibitions like the quality and quantity of salt in the road. The Environmental Commission invites Council to feed into the commission any of their concerns that are environmentally in that area. The Environmental Commission has taken some action the last year, they are much stronger than they were two years ago on particular issues which are now being acted upon. The Environmental Commission will be working on a program on education and information. It is going to start with some movies which will be on the Commons two evenings a week, the 16th and the 25th of September which are from the State Environmental Commission. Alderman Neyer said the Environmental Commission is now more active than before. BUDGET AND ADIIINISTRATION COMMITTEE Transfer of Funds By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That ,` 30,300 be transferred from A1990 Contingency to A3410-419 Fire Depart- ment Property Maintenance for repairs to No. 6, No. 7, No. 9 and Central Fire Stations. Carried By Alderman Dennis: seconded by Alderman Gutenberger. RESOLVED, That a Capital Project for College Town Beautification be established and that $1 ,000 be transferred from A1990 Contingency as the initial payment. Carried By Alderman Dennis: seconded by Alderman Boothroyd RESOLVED, That $15,000 be transferred from A1990 Contingency to Cass Park Grading Pool to bring a total to and not to exceed $80,000. Alderman Slattery asked if the original figure was $65,000. Mayor Conley corlmented that the original budget allocation, prior to the bidding, was $65,0"0. Alderman Gutenberger remarked that he was not convinced the City could not have a useable rectangular pool at Cass Park for $65,000. Alderman man Boothroyd commented that he had in mind the City could probably ;rut in a wading pool for $20,000, but apparently that is not the way it is going to be. The figure of $55,000 catTiu up, bear me out if 1`m right or wrong, I don' t really think September 3, 1975 t:iere was any basis for fact on the $65,000 figure, that was somebody's opinion that �, ly thought we could do it for $65,000 for a certain kind of wading pool . /'alderman loothroyd said he �•aould like to see it put in for 565,000 or less, but if Council agrees to have this project, if it is a good addition to Cass Park, we are not actually taking any money, we are reducing the money from an account where Council had under estimated. Alderman Jones remarked that very often Council agrees to do a project, in stipulating an amfount of imoney, it isn't very often the bid comes in at that amount. Alderman Jones said the point that was made to Budget & Administration and the Planning Corrnittee yesterday, is that if you in fact ask for a square circle, or T-shape or whatever, that can be done, but what is as usually proposed is that at this point in time, in order to change the plans, you are going to be without swimming for small children in Cass Park next summer, that is that Council is faced with at this time. Alderman Slattery commented that this is unfortunate, but Council aways seems to be caught up with this last minute thing, if we don't do it now, it won't get done. The City has gotten by since the Charter was developed without a wading pool at Cass Park, and one more year won't hurt to go without it. Alderman Slattery said those Plans will still be around next year; and the city t•aill be able to develop that area next year, the City will save that amount of money in this year's budget. Alderman Dennis said there will be a 10 to 15 increase in the cost. A vote was taken on the motion that resulted as follows: (9) AYES (3) NAYS . Barber, Slattery, Hamlin Carried _ - Give Us a Chance by�"i is1e►,man Denni s: seconded By Alderman Spano i s:SE.IE.tiEU, That the remaining 51,850 from contingency Account A1990 be transferred to Meru Bureau Account for rental of facilities WHEREAS, the Ci ty�of� Ithaca has applied for aY grant of furies, administered by Tom kin s,, County under the Comprehensive Employment and Training Act (CETA) , for the purpose of employing two (2) Junior Planners (Temporary) to assist the Planning Departmant in the completion and processing of a historic resources survey required for the timely execution of the City's Community Development Program, and WHEREAS, such personnel , if employed under such funding, will be paid salary and re- lated expenses by the City, which will then be reimbursed 100`o for such ex- penses under the terms of CETA and in accordance with agreements between the ' City and County, and f WHEREAS, such salary expenses, estimated to be not more than $6,000 for the remainder of the current year, will be paid from the budget of the Planning Department, NOW, THEREFORE, BE IT RESOLVED, That "6,000 for 1975 be tranferred from the Gene7ral r Fund contingent Account A1990, to the Planning Department budget for 1975, a :account A8020-101 , Salaries, for such purpose, to be subsequently reimbursed i to the General Fund under the terms of CETA agreements, and F BE IT FURTHER RESOLVED, That such transfer shall be conditional upon the approval of the CETA funding applied for. A vote was taken on the motion which resulted as follows: Carried g DeWitt_Park - Monument By Alderman Dennis: seconded by Alderman Spano RESOLVED, That the request for Veterans Monument at Dellitt Park be referred to the Planning Board for recommendation. Carried Unanimously Audit By Alderman Dennis: seconded by Aldewrrall Gutenberger RESOLVED, That bills audited and approved by the Budget and Administration Committee in the total amount of "37,673.92 as listed on Audit Abstract 1-t"19-1975 be approved for paynent. J1_ Cnnfnnr t 11. 1 Alderman Hamlin asked if the Council has been told what happened -to the recomemendation to consider the auditing in Budget and Control . Alderman Dennis commented that at the last meeting it was suggested the Controller should do a pre-audit of the bills rather than have the Council do it, this was referred to the Budget and Administration Committee. Alderman Dennis said the arguments he got against that were, the City should have centralized purchasing k before Council has the Controller do a pre-audit. Another argument was that it wouldn't be possible because of the Charter. { r Alderman Gutenberger said the point that was being made is that the procedure we have x _now, if we did change our auditing procedures, it wouldn't stop anyone from doing nything different than what they are now, we ought to have procedures and the audit. lderman Dennis commented that the problem is, or at least seems to be one of the x problems, that when someone buys something then the voucher comes, or purchase order, it is very hard to deal with this, because the item they are approving is already used or being used. Alderman Dennis said through centralized purchasing this would be avoided. k Alderman Hamlin commented that he came on Council in January and the thing that shook F him the most is the lack of fiscal control , and it seemed to be almost completely lacking. The budgets weren't itemized, there are things covered up in the budget, the bills-were not in compliance with the law. Alderman Hamlin said he 'went over the M bills today, and said they aren't bothering to either comply with the Charter or the =State law regarding incumberance of funds. They write the orders when the bills come :: in, that is a very dangerous process. A vendor could very easily be paid twice and .cif that vendor isn't honest the City could lose that money. Alderman Hamlin remarked that he really doesn't think that you can put too much objection legally to the dele- gation of audit powers, it is very clear in the Charter, it is very clear in the State law, that it is able to be done at any time. It is up to the Council to delegate that as they so desire. The Charter is very clear that they can set up any kind of rules ' and regulations they want to. Alderman Hamlin commented that he just doesn't see why every time we try to do something on this Council floor we get stopped by some techni- cal thing that takes six months to unwind. Alderman Hamlin remarked that Council talked about purchasing in January, now it is September, how long does it take. 'iderman Hamlin said he thinks Council ouaht to say, this is policy, and we do it, egardless what is thought about the policy, work it out. This is a vital thing, not o have coimpiete control of the City's expenditures and this Council certainly doesn't. Alderman Dennis commented that he thinks Council already has the authority to do those , things already. Centralized purchasing will aid, but Council could do the things you are asking for with the present system. Alderman Boothroyd commented that he doesn't think any of the department heads are *dishonest, they are following procedures to a certain extent, but it is absolutely unpardonable that the City can be committed to paying a bill , and then ask to audit, and when it gets to the point where you say to the Controller, what happens if this bill is not approved, and the answer comes back, well the department head has already purchased it so w;e have to pay for it anyhow. Alderman Boothroyd said he doesn't understand that procedure and internally, Council should so change it, it has to be an itemized line-by-line budget by the departments, Alderman Boothroyd said he does not see why a city should have to be committed to several thousands of dollars and then -it is a question of someone from Budget and Administration putting their signa- ture on it, which doesn't mean a thing except to the State Audit and Control . 4 Attorney for the City, Shapiro, commented that City Controller Daley asked him, where in the Charter, or if the Attorney felt in the Charter he had the ability to pre- r audit, (the Controller felt he would not, looking at the Ccntroller's duties in the Charter) the Attorney for the City said under the duties and powers of the ( ayor, the Mayor has the right of supervising and controlling the financial aspects of the ity, budget, etc. , it also says, if the Mayor requests such other technical assis- ance as he riay deems necessary. Attorney Shapiro said it was inconceivable to him .hat one of the technical assistance of the fathers of our Charter were talking about would have to be. the Controller- and his staff. Attorney Shapiro said lie felt that right nor:r the Controller could go out- and pre-audit anythin7, any department anytime the Controller wanted to. Attorney Shapiro said the Controller really felt he didn't have the cower, all it would take a+ould be a simple direction from the iia or for the Controller to do -the pre-audit. :attorney S'oapiro said his rending of the Charter indicates the Controller has the power and he does not see �arhy the talk, and all the problems with centralized purchasing, certainly it may help or may not, but t;.erc seems no reason why the Controller can not or should not do the pre-audit. Alderman 111amlin remarked it is clear in the Charter the doit-rclller can pre-audit, but does he have the right to audit. . . September 3, 1975 ^.t-torney Shapiro answered he thought 'the Controller has the right to do just about an,vti,inn that is necessary 'co control the finances of the Citv. Attorney Shapiro said 'it is the power of the 'Mayor to designate whatever technical assistance he needs, it just naturally follows that the Controller has the right, possibly the duty and the obligation of his job as controller to go in and make sure that the finances of the City are being adequately watcheO ,carried out, inspected, super- vised, etc. , it is all in the Charter, it goes without saying. A vote was taken on the motion which resulted as follows: Carried 1ayor Cunley commented he will so direct, in writing, to the City Controller that ne has power, prerogative, duty and responsibility to do whatever is necessary to protect the City finances in the way of audit, pre-auditing or whatever he deems necessary. Alderman Hamlin remarked this is section 220 of the Charter and in sub-division 6, wlich says pre-audit (and this is the Controller's duties) , to pre-audit all payrolls, bills, etc. , section 8, no appropriation should be encumbered, and no corunitment, or expenditure shall be made. In other words, control the expenditures within the limits of legal authorization and budget appropriation, unless the Controller shall certify that there is an unencumbered balance of appropriation and available funds, no appro- priation shall be made, to be encumbered, no commitment or expenditure shall be made. Alderman Hamlin said that is what we want to see enforced. Mayor Conley said that always has been in force. Alderman Hamlin said no, the departments wait until they get the bills, then they write the orders, the departments don't know if the funds are available. Mayor Conley remarked that any vendor who delivers to the City of Ithaca without a voucher, on request for the voucher the accounts are always checked to make sure there is money in the accounts to cover the expenditure of what is being requested. Alderman Hamlin remarked that departments order in April , and tell the Asst. Control- ler, Joe Spano, about it in July. Planning Director, Van Cort said in his department, nothing is ordered without a purchase order and that, to be processed is checked to see if there is money in the account for that expenditure. Alderman Hamlin commented that there are many occasions where the delivery slip date proceeds the requisition date, the departments are ordering on their own and then telling Joe Spano, Asst. Controller about it. . Inter-Governmental Relations Committee } Alderman Slattery reported to the Council on the Inter-Governmental Relations Commit- tee and read the July 31 , 1975 minutes of the Committee to the Council . Resolution - Joint Sewer Ownership - Town of Ithaca by Alderman Slattery: seconded by Alderman Jones WHEREAS, the Con-culling Engineering Firm of O'Brien and Gere have completed their study of area needs for sewage disposal , and WHEREAS, the Inter-Governmental Relations Committee has received a recommendation of the Ad-Hoc Seaver Committee, i NOW, THEREFORE, BE IT RESOLVED, That this Common Council authorizes the City members of the Ad-Hoc Sewer Committee, the Attorney for the City, the i4avor and or his des- ignee to enter into negotiations with the Tustin of Ithaca, with the intent of estab- lishing a joint; ownership, and manage►,-ent contract of existing sanitary sewer facili- ties, fu,- the purpose of providing extended, improved, and a,ore efficient service to both City and Town residents on an equitable basis. BE IT FURTi;ER RESOLVED, That the question of site location of a possible enlarged sanitary sewer disposal ;aciiit.y , be referred to the Planning Board. ilayor Conley asked what the purpose is of "tiayor and or his designee" in the resolu- tion, what is the point of changing it from desionees to dcsionee. J�, 1 7/J .._. .._, c Alderman Slattery said that there would be objection to the plural and not the sinau- q lar "designee." Mayor Conley remarked that he might want to appoint the Superintendent and a member or members of the Board of Public Works. x Alderman Hamlin commented that he could see the Town of Ithaca overwhelmed if you walk in with a whole lot of people. Alderman Hamlin said the Superintendent or who- ever could convey his ideas to the Mayor as a negotiator. Alderman Hamlin said he was from Jefferson County and there they had three surveys done by O'Brien and Gere and they did a beautiful job, but not one of them was implemented because they broke down little technical points that blew the whole thing. Alderman Hamlin said he thought .ouncil should negotiate with the Town of Ithaca in good faith, layor Conley said the O'Brien and Gere report states there are three options; the City and Town have eliminated one of the three options, the Town has another option, so the City says okay we will negotiate the option you like. Alderman Slattery said the City did not go along so easily. That there was a meeting the Mayor and the Superintendent were invited to and the Supt, came but not the Ilayor. = Alderman Slattery said there was the Mayor's input needed there. 1 Alderman Hamlin remarked that if we close the door, and do not negotiate in good faith, federal money may not come to us at all , we may have to go it alone. s. ',Other discussion was held on the floor regarding the resolution. Mayor. Conley commented that there is, on staff in City Hall , people who have a great deal of experience, who have gone to many conferences, and do happen to know sewer systems and operate a very good one for a long period of time. Providing services to the people who say that are not going to have that kind of contract with us again, r We have provided them with water, and bent over backwards to extend them water to hardship cases on a daily basis. We have certainly provided them services, they cer- tainly- have enjoyed our recreation, parks, and all the other things we have, but when it comes down to negotiating something they want; it is their way or no way. Mayor Conley said he doesn't know why the City sits back and tremble at the powerful own of Ithaca telling us what we are going to have. A dermarl Gutenberger asked to amend the resolution to read "or other relationship". By Alderman Gutenberger: seconded by Alderman Nichols RESOLVED, That the motion be amended to read: WHEREAS, The Consulting Engineering Firm of O'Brien and Gere have completed their study of area needs for sewage disposal , and WHEREAS, the Inter-Governmental Relations Committee has received a recommendation of t the Ad-Hoc Sewer Committee. NOW THEREFORE, BE IT RESOLVED, That this Common Council authorizes the City members Of the Ad-Hoc Sewer Committee, the Attorney for the City, the Mayor and or his desig- nee to enter into negotiations with the Town of Ithaca, with the intent of establish- ing a joint ownership, or other relationship, and management contract of existing sanitary sewer facilities, for the purpose of providing extended, improved, and more s efficient- service to both City and Town residents on an equitable basis. BE IT FURTHER RESOLVED, That the question of site location of a possible enlarged sanitary sewer disposal facility, be referred to the Planning Board. .'iscussion was held on the floor regarding the amendment to the motion. ,lderman Nichols remarked that the reason she is supporting this amendment is that it unties the hands of the negotiators, it really does not change the meaning of the resolution, but by adding those three words, it makes their position much more flexi- ble, and puts them, in a much better bargaining position. Alderman Nichols said they can do one thing, but if something better comes up then they can do teat. Alderman Boronkay conxnented that if you want to negotiate, then you should have more than one item to negotiate with, you should have so-mathinq to go to if the first item does not work. -24- September 3, 1975 i.-Jderman Slattery rer,iarked that he has a troi,al obligation at this poini;, that he can't . rfr : pis position on the natter, after bringing the recommendation to the Committee. i;ldrz.�rrian Slattery said he will vote in opposition to the amendment although it does have some merit. Alderman Boothroyd commented that when they were voting on the Lansing Water Contract, one reason why lie voted against that particular item is because he thought it would rake life extremely difficult when the City dealt with other municipalities. Alderman Boothroyd said we i-londer why the To,.-.-n of Ithaca says, we don't want to get into any r:lore contractural situations t%l th the City, and the Town refuses to negotiate that point. There is -a considerable amount of money here, and we get wound up in words so that the City has to do it for 9 112 and the Town for 7 112, the only people that lose is the tax payers in the Town and the City of Ithaca. Alderman i,ieyer conTiented that she thinks we have historical experiences other than what Alderman Boothroyd mentioned, which added to the fact that this has been worked out for nearly a year, which gives us reason to be more decisive. It is time to mike a policy decision on this. Alderman iyieyer said she agrees with Aidennan Boothroyd that we have to act in better faith of this, and have more faith in the possibility of long term shared services. Alderman Meyer remarked that there is a level of pettiness. Mayor Conley remarked how anyone could accuse the City of being petty, when the other side of the negotiations said these are non-negotiable items. Mayor Conley asked if we were being petty by not agreeing with them. Alderman Pieyer answered the Committee report demonstrated on a long-term basis a lot of money was spent for the report that this.was the most economical and realistic approach. iMayor Conley asked if Alderman t1eyer was saying that O'Brien and Gere will stand up now and tell us that it is the most economical and the best approach for the City of Ithaca. They are consultants and being paid by the City of Ithaca, he would be per- fectly willing to hear them stand up and tell Council this night, and tell Council ghat. If O'Brien and Gere did that, he would support Alderman Meyer's point of view and carry this argument no further. Alderman Slattery remarked that he talked to Warren Bosland, the Chief Engineer from O'Brien and Gere, to day and r,ir. Bosland asked him if there would be any problems tonight. Alderman Slattery answered Mr. Bosland that he forsees no problems. Alderman Slattery said when they sit down with the Town and discuss finances of the project, and location, we are going to miss the boat if we look at it from a paternal standpoint, and say this is our plan, you guys go get your own. iiayor Conley commented that the Town has no plan, they have depended on the City for services, now they are saying the City and Town are going to be partners. We will not discuss any other plan. Alderman Hamlin remarked that he thinks we are on pretty thin ice when you expect the Town of Ithaca to just neatly say, well we are going along with the same old plan, r,drir the experiences since /alderman Hamlin has been here. A1derrian Hamlin said when you say there is no negotiations, and they have precluded negotiations, the negotiations woulu, of course, concern horn you set up a joint ownership. Alderman Hamlin said if Ithaca says no joint o:nership, the alternative is to build it ourselves and that is so expensive we could not afford it, so if the Tosco doesn't want to go along with us, then we darn well better consider joint ownership. Alderman Slattery commented that our sewage treatment plant operates by a temporary permit from the Environ;rental Protection Agency. It is a conditional permit, the City ilas to greet certain standards by a certain date, by 1977. This is serious, we have to meet a certain date or we will be fined and lose types of aide. Alderman Slattery said if we want to talc: to the Town of Ithaca ribout joint owners hip, cr a contractural arrangement, the talks might come back to contractual arrangements because it might be too expensive for the Town. ;Mayor Conley suggested to appoint his designee and himself and the coinittee, sit dolIn with O'Brien and Gere, get their presentation, and we might very well come back and say there is only one way to go and that is the way the Town of Ithaca has man- dated. ?iayor Conley said the Attorney for the City informed him, this resolution does commit the City to negotiate one alternative. For the best interest of the City, we should not, cut off other alternative too quick. .,. :,.::w,..m.:.N,s:,>a..,.. .,...,,, ..,_ ...,....z ..a< s. -- ---..-. --__,..-,.... .,.�.....:,._..... ....,.,_ ___.--__--�_.____J.. N�cuuCl J, Mayor Conley commented that he realizes Alderman Slattery has locked himself into an obligation to his comittee, and Alderman Slattery has done alot of work on this, and Alderman Slattery has tried many times to contact him and discuss the matter. Alderman Jones asked why the word 'intent' locks you in. Attorney for the City, Shapiro, commented that his interpretation of the resolution is that a certain amount of people are going to negotiate a contract with the Town of Ithaca with the intent, that means with the coal of establishing a contract under these guidelines. T h e s e G u i d e 1_i n e S being establishing joint owner- ship. Attorney Shapiro said it is his understanding, after attending two meetings of the hundreds, that to him this means one option, and he said he is well aware of the ;hree options. If this is what Council is saying, this is leaning toward this option, nd they are not going to be talking contracts. Attorney Shapiro said he is only Ding to be looking at the joint operation or the total cost of our equity in the system, what their percentages would be, various legal constraints, what happens if they expand, and what happens if we expand. Mayor Conley remarked that the Attorney will be one of the negotiators along with the Mayor's single designee. The Mayor asked the Attorney his opinion of these negotia- tions. ^4Attorney Shapiro answered he would suggest, regardless of how we wound up on this issue, that we take a look very strenuously at our reasons, for for limiting our number of designees, for the following reasons: althoUq'n the Attorney was an indus- trial engineer, he said he knows nothing about sewer systems, what our system is, what the Town needs, etc. Attorney Shapiro said he knows within the Department of PubliG Works there are people who are absolutely brilliant on operating, and knowing about this matter. In' his dealings with the Town of Ithaca he has found Mr. Schwan is not one to be easily overwhelmed, he will have all of the expertise available to him. Attorney Shapiro said he thinks we are tying our hands behind our back for no reason, if we do not have all the expertise we have available for these negotiations. Attorney Shapiro remarked that the other point he would like to make is on whether the resolution should read:- joint ownership and or other relationsh-I'p. Attorney Shapiro commented that if Council is fairly sure this is the option to go with, if o, make your policy decision now and save a lot of time. If there is any doubt, hen leave the door open for discussion. Mayor Conley said what he wanted to do, the City will have five members, two from the Ad-hoc Sewer group, the Attorney for the City, the Mayor and a designee. The -Mayor said he would hope the City would be allowed the opportunity to bring our staff people for technical purposes in as much as they know sewer systems and we don't. Playor Conley said then he might appoint the Chairman of the !later and Sewer Committee as his designee and have Supt. Dingman and Asst. Supt. Hannan for expertise from the staff. t. Alderman Meyer commented that Council has been sitting here with twelve members for an hour which is twelve hours discussing this matter, and said she hopes the next time .a major issue comes up like this one, we could avoid this situation by having a meeting on the matter to come to Council by having a discussion on it before the Council meeting. Alderman Barber remarked that anytime the flayor goes to negotiations the experts should be with the Mayor, for consultation before a decision is made. A roll call vote was taken on the amending resolution as follows: Alderman Barber voting no Alderman Loronkay voting yes Alderman Boothroyd voting yes Aldermian Dennis voting- yes Alderman Gutenberger voting yes Al de n-.a n Hamlin voting -no Alderman Jones voting no Alderiman ;,leyer voting no Alderman Nichols voting yes Alderman Saccucci voting yes Alderman S 1 a t+161 e ry voting no Alderman Spano voting no (06) AYES (6) NAYS Mayor Conley Voted Yes to break the tie: Carried September 3, 1975 A vote was taken on the main motion which resul, ted as follows: Carried Unanimously Cal d-,.,iel I Report ,iayor Conley reported on the Caldwell progress. flayor Conley commented that he has Bret witil the Caldwell people, they presented some designs, Alderman Jones looked at that presentation with the fiavor, the r)resentarLion was given to I'Air. Rothschild and 'she Ulrbz�n Renewal Agency. Ihayor Conley said once 111r. Rothschild and' hfis architects 1"ealCt LO the plan, IPayor Conley will bring it formally to the Urban kenewal Agency, and the Council , with a full disclosure t8 the public and everyone else. On a motion the meeting was adjourned at 12:14 a.n. Pil it.. Rundle, City--Clark Ed-via rd J. nI e-y, e+ayor `1.11j. 1 0 f "N j .'QK) City of Ithaca , Now York Regular Meeting 7 : 30 P .M. October 1 , 1.975 PRESENT : Mayor - Conley Aldermen: (12) - Barber, Boothroyd, BoronKay , Dennis , Gutenborger, Hamlip , 'ones , Meyer, Nichols , Saccucci , Slattery , Spano OTHERS PRESENT : Supt . of Public Works - DinymaD coordiaatur, Yuuth Director - Cutia Planning Director - Van Cort Asst . Fire Chief - Reeves Attornoy for the City Shapiro City Clerk - Rvndle PLEDGE OF ALLEGIANCE Mayor Conley led all present in the Pledge of Allegiance to the American Flog . MOMENT OF SUENCE - MICHAEL LEARY Mayor Conley requested a mcment of silence in memory of Mike Leary wbo served on the Board of Public Works for eleven years . By Aldeiman Barber : seconded by Alderman Jones RESOLVED : That the Minutes of the Semember 3 , 1.975 Common Council Meet- ing be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS PubliC. Keying Revision of LaDdmarks Ordinance Chapter 32 Section 52 . 6 Res o 1,ut i Public Hearin4,T By Alderman Barber: seconded by Alderman Boronkay RESOLVED, That the Public Hearing an Landmarks Ordinance , Chapter 32 , Section 32 . 6 of the City of It4aca Code be opened . Carried Carol Sisler appeared before the Council , as a member of the Landnar!, Preservation Commission. Mrs . Sisler is serving as Chairman this yevr ; and commented that the Commission has two very difficult questions it this yo8r, from not-profit organizations . The Ordinancc has only galre - lines for profit making organizations or individuals buying and property where a pyofit could be involved. She consulted with the Attar- ney for the City and followed guidelines which he had drawn up for the Commission , based on cases that had come beforo Courts in the State of New York since about 1970 . The change in the Ordinance is mainly to Kip - not only the Conmission sorving this year . but futur, to settle decisions when som2one opplies for a domolition permit . Alderman %yor remarked that the question which came up at the Ust moon ing wds whether you were really satisfied with Ge 90- day clause and whet hor it began at the time of application or the time of hearing . TV ; , is the question which needs to be answeied specifically from Carol Siolay . Carol Sislor respondod that tho Lanompris Ordinance Commission met wih; tna Chartay & Ordinance Committee pt Lhei • It gular meeting . it vas C5 - tablished that the 90 - 0y period h-,gins at the time of ths huaring bKor�� the COMMiSS&D . This b ns "P anot :vr point in the Ordinance that is foggy ond needs clearin; up. K WOS fonnJ that whcD the 07&Aanco ww�� Put to the test this was not cle%r . Another thing in the OrUrnnc s te g pood a s hen t%o C00wjnsjn-: fidq tfir:_. , at there in grownds to grant a W0400" perrit than QP mission moy sav VAOL we U0016 jibc to lav( ou-dnv"' to f1& wheLnpr or 5n_ therc nry - snv v , this j...1f ± A nono pro found QC5 the "Urwit 0 our"Waticolly nivou . Knever , uh- Lomwissio" W th� 11V 2 2 - October 1 , 1.975 a -r 11t t 00 "! -s not have to in- Lhe H,, �Jjig , to dc tile pc,. L ,".i � 0 -tritg t7oke that 90- day stay autoi1,il.+_ic1­11y . 111,(­solution to Close P11b ' ic ire- ' J 0 By Alderman Meyer : seconded by Alderlitan Nichols R E S 0 L V E D That the FulDlic. Hearing be closed. United Way Presentation Charlotte Stone , President of the Tompkins County Chamber of Commerce gave a presentation for the United Way in the form of a film, and a short talk. Mayor Conley urged all prosent to support the United Way Campaign. CALIDWELL PRESENTATION Present for the presentation are : Mr. William Caldwell of the Caldwell Development Corp. Mr. Ed Ridell , Architect from Warner,, Burns , Toan & Lunde Mr. Wayne Nelson, Vice President o ':c Caldwell Corp . Mr. Peter Tullocii , lioodivay Reality Mr. John Prentiss , Leasing Agent for Caldwell Dev. Corp. Mr. James Rothschild, OWTI-'-r of Rothschild' s Dept . Store 14r Robert Colbert , S r. Citizeris Savings Bank , in charge of . packaging 1:lie financing arrarioemenIts . C) Mayo.- Conley gave a very short presentation. on the 'progress to date. I 1 A.-pril 1.974 final approval of the concept o-JE t li e Caldwell Develop- :rent was received. The orig=inal concept was an interior Mall - all. -to any discussion of -the Commons III on-- building . At that time. (prior o: the J th- Mlall) this partici-1.1ar project was set up as an interior shop- ping Mall along , ith various small shops and a department store and a -�2 structure. There were problems connected with. this beca use LS2 2 miLlion of the ta w Pa xpayer ' s money as being spent on a. rkii-tg Struc- ture and because of escalators and the traffic situation, it was actu- ally, set 'Jp to service only the shopping center. This caused concern a structure was needed to bring the people; from the parking garage-to the Caldwell Project - to the Commons . The final goal was to help .all of downtown Ithaca. 1'roblems followed - such as the Sign Ordinance . The merchants inside tr­a Caldwell Shopping Center would not have exposure on the outside . 41_1,lople would h.-1ve to go inside to find out what shops were thero . Be- cause of building the Commons (a traffic generator) Cald,Viel-I -recognized the fact that it would be difficult to obtain the necessary leases in can el-ic_, osed structure - not impossibie but Cald,.,rell started working with Wood-oiay Reality for a better way. The leasing agents c.;ho wore consulted and felt it would 'Lie -very difficult to se-1 retail space unldcr the parking structure on the Green St . side. Several proposals ivere offered but mayor Conley fe. Lt ik­h°y Tviere unaccept- ablIc . 1-in ally, after imuch resoarch , t-he open con-Cept - change from an 2'aterio_r Shopping Mall to an open space - tying it in w1liat the Cit� �'6as already done woulcl -m,-1_k'- sonse . A,11 _1 individl-ial Y.,,,erchants could be a cor-ri 'or so that '3n -'-roil.i the Commons . Woclvjorths i-,'as tied iii i,,T_i_ I- thle sCore can be soe-n from ti-LeCol!)mons . A c1 -las c.nc-..1.o,-cd clovator was 0 4-110 Placold stra-teg-JI-cally in. tite cor-iler store , L'I Courtyard Area in the Caldwell This concept was first seen about r, month a o was shooni to outi, new 1 -c' 9 Renelw.7� 1 Agency and the St.-.il'f ; all 'had. cojnmen-�-s ,ind concerns . It was also shove to 11r. Roths- I child who also had A I I o T,.1'-f"OntS I-nd, Collccl-rlls WC-17e C01(sidered I - Tl _Hrst seen - r �)11�i this PrOT)osll was ',realized. hi-s fna-lize,-) concept was I ljst r�jl24175) in Yo­ck i%T11CT1 11-arty sharlirc Dick Mulvey and Conley ti-,,ere with U.D. C. and Caldwell on the finance arr ngc Y oil C -iii-ents an(:1 the concei�t arrant,' , nts . These pla.n..-, have been ap- p i-o u cl by che Urban i.\.ocilcy along wit'n the finance arrangements . 7'111�2 State Street Plerc'r Ints t'-er- ATIV- ted to come. in and make comments . �2 d• - 3 - October 1 , 1973 Nine (9) merc?iants came to Mayor Conley° s office where he. (Mayor Cozlle and Mr. Vale Cort were available to discuss the plans . The nine n, erc-'h 1;,7_ _ were Frank Ha.r)r e�: from Altman t, Green ,- Jades Cotton , manager of Penney Y , Bill Baldini from „illiams Sloes ; Bill rreedmali from Holle} s , j err l Schickel ti`eorn the ron. Shop ; H,,.-rry Cralller from Cramer'` s jewelry Store : T�� ErFl1f- ��1i.1'e7"S T rJ?T± 'I oolwe tlis ; pave Abbott from Woolworths , h'ho otlriS the building ; and Bill MaTIOS f,_on; the Ichabod . rrr. Cotton from Per.ne'vs . nC ':t10u?ht that this CCICepf )Ti lf E 'ti(' c i r?Ve ".t tied ZOthsC h%' lds th oug,'.A ' to WooltJurths anti Ci gated an anchor Si tUa ion. All m0-1-Chants al l E e& that this concept made senso. Mayor Conl :v digr-essed at this point , stating that Caldwell could h.avc waited until ail leases were signed, maybe in'6 o- 7 months tilrc -- theTi male -the decision. Three concerns for making this request tonight are as follows : 1) The Cit.y had ontercd into in a,^-reement with ; othschilds - who built a bea.uti fi.al department store and did all that was ex.11ected of ,.� them. We owe Rothschild a parking .lot that will makc better litil-*L- CC nation of his store . 2) 'We also olre him an outstanding effort to produce this retail space , this elevator and to make provision for this side entrance on ti-ie 2nd Level as soon as possible . 3) The morr,entum which the City has at this time . It seemed wise to move :10VIT rather than wait and have to compete with other projects in the are;.. At this point i,iayoT %`.:onley introduced Nir. Ed Ridell art architect from Warn:;-, B'ar's , Toan & Lunde , who was brought In to eVplaln the deSlg 1 Of Ube Cr,+_ld:,�els_ P.•: o j ec�t: . :11r. Ri de1.;. cornpliMented Mayor Conley oil r)is excellent pres;:11*_ation. He commented that his Architectural firm has actually been wc?-rikin? on the Caldwell project with four Ithaca City Ivsayojs . This Ll7a1. P is al-most identical to the original with the _ - - ex c e t Zo l i t b_� ` t1 F ic �x � � s reT oti eu . At f11as point tLe; plan:•, include app:. o._im to .y 64, 000 sq. feet whet. eas the pi"evi.ous footoge planned was 67, 009 - 63 , 000 sq. feet . There is also a possibility of adding rl 3rd floor this proje,_t , depending on I'iow i t develops . ivfr. Ridell felt that t??e Courtyard can become a very active area for gatherings , Etc. The glass el.evat:or will give the shoppers a. visual view of the silops and the Co,lmnons . Mr. Ride11 opened the meeting to any questions . Mayor Colilcy stated that this concept has to be approved by .11 ?Ire develop!ilent and non-devOlOP.M.On' parties wa!Ch includes Rothschllds , Caidwell , tI -C , the City and the Urban P.en.ewal Agency. The letter from U. D. C . covers the fi.n.ance pardon of this profcc Mc1V01' Col)l. y they IiIcJ tl7"e i.OT1C"E C 1 v c,r y 7ilUCIZ. Lt Col'E"'ed 1T1 tli.' 1_ettE'.?" beCd-dSe the �.J. i). C. warn f L asked specifically tC' c 0 M M 0 D t o) it ill writii)g" to the Council . };a.yor Conley asked *.r. Roi:i;schi.l_d to COMITIel)t on how he feels aboLIt the open space co.ocopt of ibis J>ro j ect . Mr. Jui;les Ut1 =•Cill a.CI GX ?rf s` f'd Il' _ T11 (' iS! i'E t:I;at I>1 L .Ii le CJ ?iE t 111 .' _, << c. Tl ti o" t) �I i;s +if ;;i1CLn >s �$rlti \ -L 3i?li.. t �' i i:�i � 'C l c: �_C) t rte . l I :l.ij)Clr 1 +�1� t0 'C's) t'�1C' T71�?l,l� lltl)��t P,0 Zl 2,i ��7c <_lt,lf ICs IT,F'. iz C'f It�l;'1tC) t.hICa E'S'A."C. ,_<, i.l.�,' Clii-lr s store. an. otile Cl.k �lil;3 , _. .Cat ilc S E l ) 'i1� cl t+-(' d othSCI 1 1 '..i Lii"L1,Cr li '. t� "ihilt t7i .:j' £ `. I;1 x'C IlrI? a n v 1 C"(!o 1• ICJ C�?? 5 �Jl � f :I p, S„l3°l/ u t :l)�. i 7 ,1C't, ._ COIDT . ice- y 7 1 97 October 1 , L I 'S I-%,-OC COD 1(2V 1110 1) Toned t1I:] they('. 711 i fit h(? SOUR' C011COI-11 because of less - Lt'C't than propos'-d . This i,ciild ,'vain do­oiid on the I I T 0 1:f 0 1't T q:111 C' Id)'0 JC C 0 T! 1 0 V !WS clSked to :iILIVO this in writing o i Ca 10 i,c,I L All sh-ouLd 11-1- ilivolved *L-a thO oi EFort to sectire thcl- Mix -Icniinil:s that would rtlia,�_.a a better place' . (here is a ,­ I-y good to 11,,11,e S foot t- C, o - qiiaro f o used as office space . A'Ider;-Ilian flarii-fin asked tho aO.V,-JT)ta-,es _j-d (14 sadv-antar'-s of -in open I S "at-her than a closed Mail . The tlyrairtid ',-call is a closed Mall -- was t!iis factor taken into consideration'? 'Mr. 'John Prentiss was asked to reply to this question. Mr . Prentiss s- �, C� . c- ted he is no stranger to the leather in this area but he has been involved in regional Malls across the country. Both types have their place but it is appropriate that a,he Commons have the open Mall . L 1 be provided. nings across the store fronts will.. Alderman 11,1eyer , commented that because of her involvement in Commons Design Advisory Team, she questioned whether the awning detail around rhe buildings was a constructural- part of the architecture? Possibly this type of problem is one that can be discussed later. Awnings have presented problems in the past . Mayor Conley answered that the "design detail" will be worked out with our Planning , Department , Committees , and Mr. Egner, - so comments can be made at that time . Alderman Meyer asked to be included in on these meetings because of her association with the Commons Design Advisory Team. Alderman Jones asked if half of the Hof.-.e Dairy alley has disappeared on the second floor? Mayor Conley responded that the alley will be wider than before because they were asking for a major vehicle traffic way though the project . Alderman Jones stated that she was concerned about the -,possibility of the Home Dairy becominc! involved in the utilization of that alley and "I wondered how the owners felt about the alley. Mayor Conley commented that he along with the Architect and the Developer, stopped in the Home Dairy several- times to talk .%rith Mrs . Avery, to advise her of some of these changes - since the changes affect her par- t3-cular building. The Ave-rys nave not been available as ;vet: but there is a commitment from them, to d-i3cuss what can be don,- to keep that (the 4 all-ley) in to the Project and. to satisfy some of the other details . to proV C.aldivell is cominciitted _L4 de access to their store foi deliveries , e+c. This is an agreement . The Architects and the Developer are willing to 'calk with Mrs . Avery in an att-eMT)t to help her particula-r situ,ation and even to tall-, with her in terms of her upper floors, tying into, the u- ling near it , possibly made into housing or something else. Alderman Jones expressed concern about the loss of the rest rooms which Wore originally a part of the Caldwell Project. iIayor Conley remarked tho.t he doesn' t fe,01 that we have "lost" the rest goofs . We had agreed that the rest rooms , if they were to be kept open other than times where the shopping center wzas open, the city would get involved in the maintenance and i,:ould work ouL an agr.-e-,Tlent Whereby the City would maintain those rest rooms . 'Elio Caldwol-I developers have agreed to discuss publ 'LC. rest cooi,:,.s wirl, us . Iderman Boron"Kay asked -if .retail stores facing State St . and. the Mall - an entrance on Gr(,on S-, . z:s well . Mayor Conley responded that this ,.LT-ould depend on the needs of the tenants , !,4r. JOhn PrC:-LiSS CODMICTkI-od cncourage OnL.cance�, ind ,,nits alono. G`rec,n St. rather 1_-l:an blanh walls . This would generate more retail t.rade . Mir. Jason Pane remarked that the codes req,.1iro that a store having over a 7 - onLOOO squre eetl , Ule. e -rust be C,�O nces - these entrances should be CIOS-e to each otter as I P. h�� i-,co�ia­r(,d wl-i�i t t,h F i,r e C n i e f s a y s a ou t )a r P C T C.0 1.1 411 �11 S October Is 1 97`} Fire Protection for the way this thing is set up, now that they Have stores facing that alley . Mayor Conley remarked that he has discussed this with Fire Chief We; er ., who has stand pipes in the alley and requires that the alley be kept open at all times , which it will be . Fire Chief 'Weaver , Superintondeni- Dingman, our Traffic People and Police Chief Hcrson went over this whf3& thing as far as fire and deliveries are concer4od and they are very weKi.. satisfied. Director of Planning , Van Cort added that he had talked with Fire Chief Weaver who seemed completely satisfied with the project . Discussion followed on the floor concerning various aspects of the Caldwell Project. Attorney for the City , Shapiro gave a few of the highlights of the financing letter . The commitment is essentially for Q.2 , 709 , C00 . in the form of permanent financing commitment by the Citizens Savings lane_. This is an outstanding commitment because it goes much further than we slight have expected in today ' s money Market . Basically, as far as the ~ agreement goes , there are 2 types of conditions . Some of the condition ?: are, the usnal standard conditions which go with any oommitment of this sort , for i_astance , conditional upon an appraisal being made , it ' s also conditional upon as agreement between the construction financ r and the permanent finances , obviously the project couldn' t go - forward without that. It ' s contingent upon satisfactory dating of the financing state- ment., it ' s contingent upon a packaging of the financial deal by the bank involved , perhaps with other banks . There are a number of con- tingencies which are very standard and, of course, any approval- by t%i Council tonight and by UDC and by the Ithaca Renewal Agency this morn- ing carries with it that the condition and the approval of all of these usual conditions be .net by Caldwell. , etc. before the project goes for- V rd. The other area of the commitment letter has to do with the various leasing requiremeits . This is also very usual in any commit- ment letter for a project of this sort. The lenders want to be sure that their lease is sufficient to carry the debt service on the loan so that they know that their money is secure . In this situation the cC3mmitment letter was Set up in a phasing type arrangement and basic- ally Citizens commitment letter has committed $900 , 000 . up front with absolutely no leasing requirements . The next phase has to do with $100 ,000 . which is just finishing up some area and getting some leasing and the 33rd and 4th phases have to do with more leasing. There is formula set forth in the commitment letter that determines how much leasing has to have been done before the various phases ^ are finished . Attorney for the City, Shapiro read a eetter from the UDC office in Now 1 ork City . This letter had been dictated over the phone but a "signed letter ;:rill be forthcoming from the New York City Office shortly . Dear Mayor Conley : Re : Center Ithaca Urban Renewal Project We havo considercd the provisions of the proposed loan commitment for a permaner,t financing which CDC (on behalf of the new .Ithaca Proper 4y Company) has submitted to the Non-Developer Parties pursuant to Se,ct. i.on -i o"f the Agreomont as to Default dated April 19 , 1974 . It is out opinion that this commitment will cost the two c`± "firm <+i'.:t biDdi n;" cf,,;l".! 1 t en t for such permanent financing as required by tho s7 'c ii.ent a t Default ,t the et. A�, C. 1� <- ? �� � ._ t t 1.�. y ' I)Ilfti.:.fill.eCl Ci:ind7..t1oIIS Of .,1"(^ .": cUi`iliil townt arc sa1- 1 .> : :' nd (son adjenoum hereto) and if the estimated com- struction cost b:i5i:'d on t'::. .' recently revised ..lctllS for the mall. ;AI'e con- sistent with the figures sj:r'c_'t:i ied in the loan commitment for each sic', of the i)iliiso°by-ph.aso d`.'" vcSopliart of He Mall , As a further L..L.'1ditl + we would l°C'quirc some showing that he rent/debt service ratio spccifi & in the ( oT m l ` n. lL is compatible with 2Ecurrent Ia ktt fo r retail rNt'- .. 5 Downtown Ithaca . 6 - October 1 , 1975 to order to satl.sl)' the 1)rovislons GL 5;-i:.; i: io;? 1. of the A,,reomont Ci_; to Default , CDC iitil'��t Also obtain a Firm and coimitlliellt; satis- act(�'_')' in sLaDS taIlC'i , scope t].Lld f,GrI1] to t:iie 4 C)Ci-D{'.velOper Par?"r(: ivF feel that Owe must advise -Che City" that .'.f the construction load obtained hyr COC Specified conditions tied to the ,ec�Itio:a of leases oI) terms similar to those stated in the permanent Jan ce,iimitment such is )ns'lructioIl loan coIlmltmvnt should: not be con- s i_de;r d satisfactory in subs ante so as to satisfy t.ho provisions of Section 1 of the as, 'ecn.ent after de:ft].uit . lusteacl of accepti:lg such a commitment for construction financing prior to the conmlencF:_rent of any attempt to secure leases , we would pr. for to see CDC first commence a strong leasing effort and obtain commit- ments for a significant portion of the ,Mall. floor area, tak-ing soveral rionths to do so if nec ssary , and then once again secure financing com- I,itm ants , This would give the iron-Developer Parties a realistic basis for conc.-luding that CDC could in fact corllplete the full 59 , 000 ft . program, prior to a CDC construction start . If, for any reason , CDC should en- counter leasing difficulties which cause the Noll-Developer Parties to begin looking for a nev, developer , then, as a practical matter, the effort to bring in a new developer would be much more difficult if CDC has al- readv begun construction. However, you havo advised us that the City gives great weight to cer- tain local considerations .which may militate against a delay in starting Construction pending a successful leasing effort by CDC . You have indi- cated to us that it is i_mpo-rtant to commence construction of the Mall in order to gain a marketing advantage over a proposed out-of-town shopping center which will compete with the Mall and tenants . Also , you have V`rllphasized that pedestrian access to the new downtown. parking fac:i.lity is now severly restricted, and. that the garage ' s potential contribution to the downtown retail environment 1would be enhanced greatly by the comple- tion of the first 23 ,400 ft . phase proposed by CDC which would provide a convenient pedestrian link to State Street . Consequently, if the City, your urban r;ne,wa.i_ agency and Roth.schil :': Bros . feel that these local considerations are paramount , UDC as a Non- Oeveloper Party will not stand in the City' s way, We would fees that if the City is inclined to approve this permanent loan commitI:?en't and a :crzstruction commitment in similar form and too , the following consider- tati.ons should be weighed carefully before forma:iizing sucll approval : (1) if all that CDC is able to complete is the first 23 , 400 sq . ft. of shell , are we satisfied that this shell will be attractive a:D.d unction- _t.ly Useful. in the completion of the Mall by a new developer? We will ac.viicc you on this point as soon as we have received the xevZ.`..ad. plans and have had an opportunity to look them over. j Tile Agreement as to Default should be extended to giIv-o the Nc�rx Develo- per Parties the unequivocal right to to-riiinate CDC ' s develooer sta- l_,xs if CDC fails to sa ti sfv the lender ' s con litions :fur drat,, _n,; down in excess of the 900 ,000 iIlitial "step . ` Yours very truly, To be signed either by Dave Statonhour , ,Director or Dick Katziv, Deputy Director of Commercial. and Civic Dc-k-Ulopmcnt , UDC , probably the latter. Mr. Feuer Tulloch, :from Wood way, was enthusiastic about tyle generous lo.aTi from Citizens Sav� ngs Bank. MIr . Colb-ort has arranged for e.h.e t 'T _ T � G today ' s a y t �C .o _ia)r� the ,.,oney in pI asc.> which is u.nusua.,., with rnc,�lc�J roar_ condi it as aev are . The ?nz c.- a) phase , 'ih-1 c is tier ,, o-;t �, -ritical c, rua right next to ,the Rothschild s�.ore , will be the access to and from__ ; LrE' n,=t? 1c1n? �aI'ige , elevator , E and tioths;­ ,a41 -1S The balance vr.I.lI i)e Just a matter of c-om )laLing co-n truct:LOn . It- is preferable to .c avc certain areas opon lentil the last possible ;ilo;IiE'iit because` of tale t)v 1J.{LD �.�t.y of tying in 14.11.11 the home Da pry a 3rd anc? 4th float posse biIit.y. A1..de--riiiat-1 ;lmlin asked at the tirao sc`i-_duIe rwoul.d be . Mr. Tul'11och rep_ lied Lila% l%c are prepared - we are ready - we have the motley - we have the C•'.71f1TTiJ.`.l;'t(`Ili: the Arcll_'. 4:7cts riiust de the actual plan which will allow the 7 - October 1 , 1975 construction to Contintle. Se•cretc Construction is working on the Gara,;e now and we would lake to kc:op thc-nT cti:lri:illg on the Mall as soon as th:: Garage is finished. Mr. Ridel_l further added if we get the: ai,proval to go ahead t;he fi.na.i dra,aings could be mado for the. Colic'°c f'tC'r ].mIIleC1 at�l.} The docUiitents coui d 'Lie finished the early part of the winter (0oceniber) . From the Contractor ' s point of Vi_`ew, possibly it ,,'ould be, a year to 18 mouths . Mayer. Conley comiilented concerning "Ithaca Nov " a gra7ahic di.spl.ay or what Ithaca really is . 1"1 i.s e•,iIi pro iec.t the vi.ty Qf " tl act ' s salt,< tax incoii?e through a period of years , which has a constant up+eard trend. This is a rental brochure that will be used to show possible tenants . Alderman Barber questioned whether the elevator would be owned by the Ct:y. Mayo: Conley responded that it will be owned by Caldwe:1_1 - so he will have charge of raaint;;nanc•e of the elevator. Alderman Barber asked who ;vill own and control the open spaces in the alley from Green St. right through to the Co:Ijr,--ns . Mayor ConioN, stated that it is also the responsibility of mr. Ca.ldwe:j. I . Alderman Barbee: remarked does this mean, that unless they call the police in, they will have to furnish their o,�,n policing in the area.. Mayor Conley commented that lie doesn ' t feel this will be any large p-roblem. We ,vill offer police protection for this area the salve as it i_s offered to any other private area. Mr. Colbert from the Citizens Savings Bank spoke; to the Council as 0 11ows : The Board- 11 'I`r1:IStees of the Ci.t i'cons Savings Bank acted to approve tii1 , letter. of c orlTni.tn.�nt. subject to the participation of cer - tain other hanks. Thils 7.S i:- C01111noll practice of ours , as a. matter of faci. , the Rothschild project was financed through his bank and through our CQlrtnl?_tmC I1tS , ,nrO'J9 `he Cooj-;erC,Lion Qi our good friends the Tom-.'Ki .S County Trust Co , and the First National Bunk of Ithaca , The First City. National Dank of FirlghaTnton , and the Marine L .TtiC. The idea is to reduce the amount o'F packaging that has to be cor11)leted beforF- we can advance , in other words , if ,,c could package 21 ? Inil.li.o11 it would take longer than to packages $900 ,000 , wo I1,,4ght go out and get y banks , ours aiid 2 others- $300 , 000 . a piece and go then Continue nt'r packaging rather then hold the project up . ''Ke a.c very excited a5ouL,; downtow;l Ithaca - we ' re not alone - everi' financial iiistit:.utio:) 1-Ii t.h S City is strongly behind. this development . As you know and hate seen ou-1- new and. beautiful ediface a-nd the Savings 11 !oar' s new buildi;,g , r.he new ad-d] doll to t11e First Yat iol&l BarIk , L:hicll was; the f r St LirbaTl r ne,v-ll. pro e .t ?;'proved by t:he City a, It aca . Al.1. of those ad cht:ic'I: > by the 'v 3111:5 Wf're e%,-jj ',nce of the con 1{it'nce in do, 7:toan It}i3c,a . Fhe tim:ilig is very CrU.0 i.31 ill real o statC:' dc:V;:1Ci1 i:ieIlt . I ' ve been iI1 It for QVE'r �7 )';.'a—s . I ' Ve betin in, fin__ nci-iiv and dl �7(- !_OpInE'nt Or ovE' �7 ye'i�'s I ' d. e tc, }?o n out that tics 1)1a-I 3s sfio,,`Ti , do+:-�s somethiP'% th^t 11 Y ve37y C'om,i1on i.oday and. tr13t _ts t11E) L y 13 t e' �rC7tll ,'':f?�7 t21a.3ritS CO Tet':"t 1' ;� "t:li a wcil l it" , w1f;.l? Sj,` 1C:e f(?r a f'III r 1:conant t)il the ICi'�, (�i1' t e j`1,'.I'�It;,1t F.�' these T)To j ects ev('n packaged ,.'1)e re yC:li !1.^_V° toile i.a�•ge i`:'i e or tC. i4 r four CC' a_ •.torus 311 tJ,ndP,r s,: ppar11 :1 p ,c -7 +'- c 1 1' .. � ,, to _. (a� i;� ;c � ��Ti.a �.;<, n =: Cut out se1) it t t_C I - so it rC)":11}' isn ' t C{II1 to as 7.I'M o ti'4 V.1.lrE a S 1-: se_. ci. I't ' s rat r d , ;-,, s ;�e � _ ' ,.,Iu c�r;l71G,"l. C C;c _+11 � . � 'i 1' � t " War O. `._Ir O d and a,,. .L o:_ our 0-1. fi cers `a ;.Ci a ' (: C .ti f0.1to l): r l' n ; t_ i - .ti I . ,�' � S 1 E 1`C'tJ __ ttJ iil S ' �. } + '1l , 1J ' 1 Kit _,a1 G:iC 1 � r.; ,. _ , w0 11al 0 Iii ,'.1C.- - r �� - - -' T t 1 (1 J C o ''y ' n d `m's C' t.it-(..1' 1 f l:C d .+ i.E, +_1 T. C�,,�, it ? 1 i 1. t 1 ii T i 1�; 1., ?"1 .,�. � t'.' .1"1 1 t: +?. t' , ! , J;:1N'Qr Ce?In I CV T)o I n 1-11.= 4 lhCi 1)a. :t l`.1 i1 f �. i i ., .. t! Ct to t. `? � ' ; �'. � ' -t. 1� C,I is C i t� [J T t '.' t �out11 - C''.Ucs 110,: l pro t "Ao ""'i .l },2_C1 � C1rt t0',� ?i 11` fC'I' Llie I Clc l'C. :.. 01, ` <ilii i)il �J_ l_._1 1 L4'Sth to 1 _ c 11, ll o t;t'' f', , q. at; Il' 1 hr {. 1.. c 1 i. T: :_. ?- 1 on U�� 11 C CWUT1 'l :< a (_ 0 dC r ie] ' ilt . October 1 , 1975 son IoLne mentioned re foreaco was naOo to 64 000 square f cot ' - does Qat includs retail and office spate or retail spacc only? W RIKII reulied. tine 64 , 000 is rKail spnce , unless there are additional Wors added. This would be ofElco space . Alderman Jones asked what the 10; addition would be , which was discussed earlier . Mr. Tulloch apsweyed there could be a fluctuation depending an what the tenants need. This expansion wculd have to be in the front of the buildings on the Commons side , but not possible under the Parking Garage. Alderman Jones brought out the concerns about obtaining the leases from tenants . All of the leases Nhich have been signed up to this point - will they have to be renegotiated? Mayor Conley replied in the affirmative . Further discussion followed concerning flexibility of floor plans , etc . Resolution By Alderman Gutenberger : seconded by Alderman Boothroyd RESOLVED, That the Common Council approves the change in concept of the Caldwell Project from the original closed concept to the open courtyard concept. Mayor Conley asked for a roll call vote on the motion which resulted as follows : Alderman Dennis voted yes Alderman Barber voted yes Alderman Gutenberger voted yes Alderman Nichols voted yes Alderman Jones voted yes AlJorman Spano voted yes Alderman Boothroyd voted yes Alderman Meyer voted yes Alderman Hamlin voted yes Alderman Siattery voted yes Alderman Boronkay voted yes Alierman Saccucci voted yes ('12) Ayes Carried Resolution Sy Alderman Boothroyd: seconded by Alderman Dennis RESOLVED, That the financing Hr the Caldwell Project , as proposed be approied by Comyon Council , Mayor Conley asked for a roll call vote on the resolution , which resulted as follows : Aldayman Saccucci voted yes Alderman Boronkay voted yes Alderman Slattery votej , yes Alderman HaW 1 n voted yes Aldermen Meyer , voted yes Aldorman Boothroyd voted yes Aidurman Spano voted yes Alderman Jones voted yes Aldorman Nichois voted yes Alderman Gutunborger vote(! yos Aidorman Barber voted yes AldermDn Dennis voted ycs (1 2) Ayes Carried Mr. Caldwell thanked the Mayor anti. Corj,,„ion Council for their cooperatioii and effort. Recess Council recessed at 9 : 35 P.M. Recorive,Dod Council reconvened at 9 : S0 P, M. Petitions aid Hearings of Persons Before Council Mr. Orson Ledger, 608 S. A.1bany Street , as}-,ed. Cotu).ci.1 as to -whether thor%, was a. law which prohibits dogs vroi.!i running loose in the City? Attorney for the City , Shapiro stated dogs are not alic"Ved to run at lal'fi-.e in the City . The problem is one of enforcement. Mayor Conlev I painted. out the fact that the S. P. C.A. is urkder contract vii-thi the City to provide enforcement of this law. Mr . Ledget, stated that if a dog is t',I'gged he is allowed to go free , and b_rougj'i-I up several- instances of damage that dogs are doing in 'Che Circa C., - t, I I of mi-oporties owaed by him. Ald.cr,.,ian Jo ­ies su,.-,gc�sted the doc, enumerators leave copies of the Doo Ordinance with do; ownovs vhen they hand out the census slip. Thc o t 1,E r point - ir, terms of ecluca.-Ling 0 people who own dogs - is ro have the so-, thin,,-j, .)-iovi6ed when they go to pay for tfLo licerise . Attoi_'•nev for the Citv Shapiro , read the la,,,� : Any person ov,,n i.n,-, or ing a Clog in t City of Ithaca shall I,e a(ivisr:d of this st i c Ih bogs v�:c,tI,ar or not t a-g e rd or 141 c e i i s e,I a ri 61 1 v`ie t h e--,- or Trot rA,i i-_z I 1) ru!ls at 1 arse "I(I I os s treat dog is rest r;_ilinecl by aTi adlequ -ate, col!a i- i-i-d leas!-.- or unicss accoiiipanied by its oviner or 'fCSp'_ITjSjb'.'- , W11C, �L; J_I _' re suclo a dog 21) cnaaucs in perpetual laud barking or or "';I, co-nuucts lfilimself in s-luch manner as to habiti-lally om-:.oy ajiv' -!),,'rson T)o-,'son o'wnij-,,r�; such a do t' g 3) c,,.)u_ses (ia-maoo or des ruction tc, p r()p e-.(- ty or defecates , urinates c r o e s c o iil.-,�I i t s, T),,.i i s a',11 c e 0 TI th C' p"0 - i. Or a person ol.-her than the porscn ownirlz anc, harboring Sucli c11 C"()i 4) chases or ot�herwjse harrasses any perlso,,, in Such a ,iiani-ier as ronson- ably '(_C) Cau--,c LTi-cimJdat-ion or to p-,jt such person into reasonable app-e- he-asion cii- _odj_lv liarm o--c i!ijury 5j lhabi'tL?ally chasiric; and motor vc"lic'l-es . R o s.,D-, ut i on By Ali err., r IHamlin: seconded by Alderman BoronRay '111'a t a C o T)v o 17 tl-'Ic Do g Ord in_';no o h2 o J On, out t,y t"n 1:1 L" 4- at %1 vi.'Jrl-'' the 19"16 2 icons": is issul-'d . C a rr i-C d I­k"' 1j"k;a 1 13, K a y '�"t"r 0 i't ' - T � ­ ; -1 IMrs . i13 !-'v StlecC9 11 1, 2T C re C, C� t , T" aiij 17, 11 ';1 (-1 l..^?" r I' I I c e ll'C 1 o r 1A- 4 C! C C,I i, ilff'C 1; ii J October 1 . 197S a n thit ' s a problem. But the City Prosecutor c� recd . Net only can he read the zoning ordiRances which ths CommOq Council knows he is violating , xhich the Mayor has said hu would PWSUDally We care of last summer , Last spring really , and which arc being violated . There have been some incidences in the last twu weeks in which s has been assaulted by the City Police . Moyor Conley inter jectcd here that the whole matter is before the Courts , is it not ? Mrs . Muka said no , it is not . Mayor Conley commented that as he understands it , the whole' matter is before the Courts and we are waiting for the rulings of the judge on the case . This matter is before the Courts . Mrs , Muka said that is nct true Mr. Conley . She filed criminal complaints teat are listed here . judge aynes , your City Judge , assigned the inves- tigation to Assistant District Attorney William Lange . William Lange re- ported last Friday that he was not going zo prosecute any of these and. they are dismissed. Now she was asking the Common Council to carry out its own resolution - Alderman Nichols had a Committee and the Common Council voted that there was a grievance procedure whereby a person who had a grievance against a police officer, had a right to file a complaint within two (2) days and that within two (2) weeks a Hearing would be held;­. She was beat into unconsciousness two (2) weeks ago Monday . Upon two (2) weeks ago Nodnesday she filed her grievance . She talked it over with Mayor Conley, who told her to give it to him and he would take care of it and give it to the proper people ; Today was thelast day for the City of Ithaca to carry out its own resolution in regard to this grievance and it has failed. She has dust been handed a letter containing false state- mopts from the three (3) Police Commissioners , John Spencer , Robert Bruce,. and Peter Rogers saying that this matter is before the Courts . It is not bcfoye the Courts . it is proper for Common Council to be concerned with 0he felony violations o! Penal Law that have been committed against me , t City Prosecutor Robert Pines . Incidentally, this is the second time that she has been falsely placed in jail , her finger prints have been taken 0 her falsely , twice ; they have been returned to her once by Judge Clynes , in violation of due procedure if he had taken them ,legally . She has been put in iail twice because she opposed crime being committed in this City . In each. instance she has first 0led criminal complaints and requested the assistance of the Police Department . Mayor Conley advised Mrs . Muka that this Council has absolutely no jurisdiction over the Courts and over Judge Clynes and his Court . The portinent information is the grievance procedure that this Council es- tabiished. You got the Vorms from the City of Ithaca, she returned them to him, ip his office, ho has forwarded those to the Police Commis- sioners . The Police Commissioners have that matter before them calling for a hearing. Mrs . Muka stated that they have not called for a Hearing . They have told her that they are not going to do anything. That ' s what this letter says . Mayor Conley continued, the situation is , as he understands it , he has been told that this is before the special Prosecutor appointed by Judge Clynes and until a decision is reached its inappropriate , in fact the . special Prosecutor would not ailow any of the Police Officers to testify bafore the Police Commissioners until the situation is settled in the Courts . Mayor Conley said he would ijke to hear from judge Clynes or the District Attorney or the Deputy District Attorney whoever is haniling the situation - to tell him that , and thep he would call for the Police Grie- vance Procedure as Council has .outlined and they would conduct the Hear- ing. The situation as he uncle` siands U is they cannot do that until tho situation is settled in the Courts , because the Police Officurs cannot testify until the matter is settled. Aldernno Pwmlin asked for a point of order. and stated that the privilege f o the floor is expressly used to tall about motters of concern to this Council . This matter really does not concern this Council . This should he doclared out of order. Mayor Conley commcnred that the thing that is pertinent to this Council , ds the Grievancc Procedure is in progress and he will make sure and October 1 , 197,; guarantee to Council that the Police Grievance procedure adopted by this Council will be followed , there will be a Hearing and it will be a Hearing just as soon as the special Prosecutor or the Judge tell hi),,t that it is appropriate. Mayor Conley remarked that right now it is not appropriate. Mrs . IMuka then asked Alderman Nichols if she would please inform her if the Resolution suggested K; her Commitvee and adopted .by Councii made any re, ervwtion about the Gricvance Procojure. Are the excuses for not holding a Hearing that arc Wing given to her tonigit , in fact, a part of your Resolution? Did you resolve that if the GrievaDce concerns acts which are violent crimes as serious as murder that the Common Council will not hold a Grievance Hearing because it doesn ' t want to consider things that are Class A felonies ? Mayor Conley replied to this , by stating that Council does not have a Grievance Hearing , the Police Commissioners have that Grievance wear- ing and make recommendations to the Mayor. That is the procedural step . Mrs . Muka asked if there were any reservations on the resojution passed by Common Council that if there is serious crime that this Grievance Procedure will not work . Mayor Conley said you cannot hold an investigation uniass you have the 41 Police Officers that you are accusing able to testify . Those Police Officers at this time are not able to testify because the Judge and the Prosecutor assigned to that case have not released them to do so . It is not seAled in Court . Al?- he was trying to say and ruled that if there was no further appropriate action before this Council on that matter - if you want to discuss with council something else , please - He 'll give you the priviiege of the floor. Other than that , we have to rule - you do not thane the privilege cL the floor , and this debate is cut off here and now, Mrs , Muka asked if Alderman Nichols could answer her question? Alderman Nichols stated that the one that was passed was just a very goner statement but if there is any legal imPedimont to holding a Hearing clearly that would take precedence and certainly Council would not want to interfere with the operation of any Court . She also thought that the procedures that were adopted last year when she was chairman Of the Human Services Committee have .been somewhat expanded and changod now that Alderman Dennis is the Chairman of that Committee and there has been some change in that Resolution. Do you recall the specific waKiRg? Alderman Dennis replied that the time was changed from 2 to 5 da75 - or 4 days - the Previous piocedurc doosn ' t speak of any specific crimo or misdeamenor or crime or whatever - it was a way for a citizen to Vne . gr"ev ante s if they want to 09ainst the City and it goes cn from thory It is Clcaylr spelled out what the procedure is in the Grievance Pro oe- dure . Mayor Conley stated that the steps ha been taken, Mrs . Auka has been isnu& the forms - the forms are fined out , given to him, he passed them on he has an option to file them in City Hall or the Police Head - quarters Mrs . Muka elected to file them in the Mayor ' s office , who for: ardcd thwm on to the police Chi,f , for the Police Commissioners The Klicc Commissioners have Mrs . Muka ' s statement , all the Police Com- missinners have thaL ard arc reviewing that at the present time and he ' s saying WY will and he will demand that they have a Hearing . When U "s aPPYS"atc and the Pyucess that this Council has ostoblishad ill h,,! follow" At too"s t: " the �dvicc of tho "resccurer 2nd •the indge wil ' be folic wed , Mayor "Alcy " i chewk KcsOn011y that this situaLicn K7 not before the Courts , jf it is "t bWrO the Courts thore is nathiu ,, to prohihit rho Police ummissionerF to gct , ith Th, j , The people who arc accuFcd will ha vu ap oppnrtun�ty u till ns W& I S'� any uitmcs5ev that you mig , h,,, r. COmmissionors . Khoo Qat is done and th, b, ,,d, b, h,11 and you will hyve your due propess with thay 12 October 1 ) 1975 W .� . Muka stated that she hopes Mayor Conley will carry out that promise ouuer than he carriod our Lhe PV003C about Mr. Hines and , his illegal Q of his residence on Cayuga S true t . ;Qor Conley asked if ho had made a promise to Mrs . Muka . Mr3 . Muka replied that she had read it in the newspaper and assumed that Mayor C oleyl had stated in the prosonco of this body of reporters that ho would personally taku cafe of the matter of t violation of zoning ows K City Prosecutor Robert Hines an Cayuga Street . Is there any ruason why thb City Prosecutor can violate the zoning laws*? Mayor Conley replied that he had answered that question. Alderman Boothroyd. remarked at the danger of being put on your list , Batty , and Having a Summons sere 'd on me , actually I feel a little left oQt , I wish we could cu f f t o this dcbjte . ors . Muka replied that she did not intend for it to be a debate . She intended to be able to speak uninterrupted , but she has not been able to express her views without being interrupted. Mayor Conley commented that Mrs . Muka has adequately made her case and wo have answered the case to the best of our ability and the debate is being cut off at this time . Fire Prevention Week Assistant Fire Chief Reeves announced that Fire Prevention Week will be the week of October 3 - 11 . Planped activities for the week will include short lectures aad demonstrations on home fire prevention and what the public can do , at Central Fire Hoadquarters, to which the public will be invited. The eight (8) volunteer companies in the City of Ithaca will be handing out fire prevention literature , home inspection forms , etc . To finish the week , Sunday , October 12th at 11 : 00 A.M. and 3 : 00 P.M. , a big show will be pre sent od by the Firemen at the Training Center. Ross lotion By Alderman Barber : seconded by Alderman Boronkay RLSCLVED, That the Common Council declare the week of October 5 through Al as Fire Prevention Week in the City of Ithaca. Carded COMMUNICATIONS City Clerk Rundle read a letter from Harlan A. Bliss , 206 1 208 Willard Way , as follows : 290 Myrtle Street Haworth , N.J . 07641 Sept . 15 , 1975 The Mayor and Council CRy of ithaca inbaca ; Ncw York Gentlemen , This is to request your waiver of the 6% Penalty amounting to $27 . 02 oil che final norine just received Cc m the office of the City Chamberlain against our 1975 CiLy Tax of $459 . 30 an 206 & 208 Willard Way. Wo are confident that you will react favorably to our request for the tic, ilowing reasons : 13 - October 1 , 1975 1) The original bill was never received in May. 2) Our payments have always been on time with the exception of last: January when the same thing happened and we paid the penalty any- way. 3) Our local post; office has just had a coDplete change of personnel due to unsatisfactory postal service . We can only judge that these bills were involved. Your favorable judgmoht will. be sincerely appreciated. Sincerely , /s/ Harlan. B. Bliss Harlan B. Bliss Alderman Hamlin commented than it cieany status in the law that ;ehezher you receive a tax bill or not , you are responsible to pay your taxes . The above le'tte'r was acted on and t'?r od down by the Budget and Adminis tration Committee. �r p� Recommendation That this request ;could be a dangerous pr ecer_dent and Ca sou=�dc t�rneJ down. Q By Alderman Dennis : seconded by Alderman Slattery RESOLVED , That this request be denied. Carried City Clerh Rundle react a. letter from Mrs . Betty 0. Mirka, 113 Kay Street, as follows : September 29 , 1975 113 Kay Street. Ithaca, N w York 14850 City of Ithaca , New York 108 E. Green Ithaca, N. Y. 14850 Re : Betty Muka X- Ray while in Custody of Ithaca Police Dear. Sirs : On 9/15/75 I was taken to theTompkins Country Hospital for spinal X-Rays by Ithaca City Police upon the order of Dr. R.A. Kieffer mace in the Ithaca City Jail where Dr. Kieffer examined me for injuries caused by Ithaca City Police inside tho City ,Jail.. ors 9/15/75 ., I have just received the bill for the X- rays . I am forwarding a pbotostati_c copy of the bi? l to you for payment , tre- cause the injuries to '.Tie Nero tho r osun of Ithaca city police p ls6n- ne_i. brutality . Please see that these char; cs are presented to Common council a, it,; meeting g Oc t o er 1 , 1 97 S so that th`:I may approve of the payment of this bill . Pl.oase notl."Fy mo promptly oS tho u 7Cion that tie City types i`on This matter . Thank you , sincore t.y,- , /sr Mr . Betty 0. Mrs . Betty 0. Bill Attached :: �I 111 t : om Tompkins C..ai;1l`/ Hn pi ni as ._'Jlii;,.n , l�+ - l�ctou^r 1 , 195 7 S rECC1deIlt tZ.UUiIl Go Lx_-mbo Sacra. Spine -Ray ; ' 8 00 Total due w 53 . OG EO'soi1-1t ion v Alderman Slattery : seconded by ';lcier ;I a l Hair,TI i:j: 1VI D That Mrs . Bett­ n. 'Iulka ' s le for aj-,t_l .i1i In the alnount of ao , 00 ae referred to the BuJLL,' t, if 1 �_ Adm_.iA.strat on Committee. Carried 1DDITIC�?�15 TO THE AGENDA Finar:ce Committee Alderman Dennis requested Council to remove from the Agenda: I. , The Resolution - Reciprocal agreement on tax Exemption between the the City of Ithaca and %'tlf `InEtiT:l of I tnaca. 2 , The Resolution - Promotion for Judith Benedict from Junior Planner to Planner II . No Council members objected. Alde,rm.an Dennis requested Council to add to -the Agenda : 1 . Discuss the business of fi10 , 000 . for the We_A 3. ,eca Street Bridge and $5 , 000 , for Cass Park baseball di_arroad. No Council members objected. Planning & Development Alderman Jones requested Council to remove fro,n the Agenda : 1 . Sale of Hancock :street (',vest o t Meadow) . Send back to Committee . No Council members objected. A.l.dermaii Meyer requested Council. to add to the Agenda : 1 . Sale of City land on `Ireva Avenue , norc.h of Bridg,: Street- , No Council members objected. uUtrtIi?iNICATIONS FROM THE hl?J.. Api)o i ::tmei) is by the Mal-or Fire Appeals Board j J Id C' � RT a 7. f " M' lr •l 7 ) , 11. 1 1{� • L a t� S _ � .;eli e ar.'E, " f0"C' ap�T°Ui a1 ()i 1i ? �iI!s,.S t,;l s c�C , � W. .S >t. `:o sa ,"vc on `}ln � r8 .+. )� ).ZS Boar(' �G T' )�.-'C�. "; � C i3£1)' , Y1?". CllsaCk is the Real E:itat_- ,'4anci ;er for t-he f;tri1`, EF.Nt'.y Conpany. r' I . A C. Board leaver Con0-ey a5 '-ed for appro–Val Ui 1i_['£=".•:' 7i Jar E?S C . Dennis to 3e.r'vG On G f rE . C, f{oat d, Alderviaa, i �3 is cha i. r.an 7:f: -the Hilman Services £,om-"it2i:tce , October 1 , 1975 Youth & Recreation Council Mayor Conley asked for approval of Rev. Sam Perry to sorve on the Youth Q Recreation Council . Rev. Perry is tha Pastor of the A Q ME Zion Church. By Alderman Gutenborger : seconded by Aldorman Barber RESOLVED, That tho Mavor ' s appointments of M m r. Thoas Cusaci to serve on the Fire Appeals Boa& ; Alderman fames Dennis to serve on the G. I .A. C. Board; and Rev. Sam Perry to serye on the Youth & Recreation Council be approved. Carried ATTORNEY FOU THE CITY REPORT D. O. T. Attorney for the City, Shapiro reported that he had written to D. O .T . twice in regard to the two arterials , and the approximately $300 , 000 . jun they owe tka City . A letter was received from D. O. T. which promised =Z that a leUer and a check would be forthcoming soon. Bus Run for the Elderly Agreement Attorney for the City , Shapiro reporteJ on the bus run for the elderly agreement . A four party agreeyent has been prepared between the City, Town, Groff Associates and the Office for the Aging . This was mailed to Town Supervisor Walter Schwan for his signature. When the agree- ment is returned it wili be sent to Groff Associates and then to the Office for thn Aging. This should be wrapped up within the next few weeks . Officer Dochstader Attorney for the City , Shapiro still has a shock for some $12 , 000 . on Officer Dockstader. No word has boon receive] as to whether or not he has been examined and cleared by the Police Surgeon. Mayor Conley reported this transaction will take place within the noxt couple of weeks . Alderman Hamlin commented that this resolution that we had to wit hdrw,.'� tonight bocause it was illegal . Js thorn anvway we can Tun these inrough the Attorney for the City and have him put the authority in law with the Resolution, so we make sure the CouncAl does not pass an illegal resolu- tion. Attorney for the Cin Shapiro commented that he tries to keep up with. the Agenda nDd rosolutiops beipg passed by Connoij . Discussion followod concerning legality of resolutions which come before the Couavil , CHARTER AND ORDINANCE COMnITTEF Proposod Awondmany - Chapur 32 - Landmarks Piesprvation Section 32 . 6 : By Alderman Nichols : seconjed by UderNan Ham5in RESOLVED, That the prop sod wyeninvnks to Chant .- - 12 - Landmnrks Preser.- vation , Soc5an S2 . 6 of the City of Ithaca Chart or and Corfu he !passod by Common Ccun&l , SDhd. E (conoorDing Yevivw of p [ ans) swhqlitnto thn OFWA�c " thM Ono of thu fcljowinj candi - lious wpp ! jyn : " Cor "010r : " n thn �nd of the waj :) poingr,h . 10 OcLobei 1 , 1975 Delete the word "or" th.e c:1d 01, ::iii)-paragraph 1 . (16 to sub- p' ra,;,,r a p 11h. 2 or Tn the case Of 21 USO ,, that the denial of a Ce r I-_i fir- L e. oi- ro-�) i-I e'T"OS Il seriously J .riterfert, with the u�­o of -tho property. " suod (C C)J-C e r!!�'L 11 g d em 0 1 - ; Substitute the following : Demolition of structures erected on landmark sites or within historic districts =inib deemed by tflu Com- mission to be of a particular drchitectural or historical significance shall be prohibited unless , ,""'pon applica�ion and hearilic, the Commission finds that either : 1 . In the case of commercial property , that prohi- bition of demolition p_+•events the owner of the property from earning a reasonable return; or In the case of non-commercial property , all of the f o 11.ow i n g (i) that preservation of the structure will seriously interfere with. the use of the property ; (ii) that the structure is not capable of con- version to a use-Ecil purpose without excessive costs ; and 4 (iii that the cost of :'iaintainj_ng the structure without use would ontail se-ficus cxpcndit,,!re all. in the light- of the purposes and resources of the owner. in the event thz_- upon ipplicat;.oli and he,-,,.,J.i)g the Conmission shall determine that an c-xception to L"AlCe prohibitio-A of demol- ition as set forLh above exisf.-s , the Com.-M.-ission may , n.otw-J.t.­.- standing Such de-cormination, if it finds that the structure is of unique value , deny per,ais!7i.or to de'!-flolish. Provided,, however that a de11-L- a-1. of perm�is_sion to demolish I J � shall prohibit demolition for no rioro than 90 days from. the date of the heak-.-'J.ng on SclCi appl-`LcaLion; unless at -h-e 0, 1)1 r- have been e ation of 90 days cidjjusL. which negate -the findinas of eithor J_ -1. Duri-na ti-lis L' 90 -day period, the Com-c—iss'LoT. w:';_'LL ;"`nJeav,,-r to tvork out i,,!ith the owner an econoriiically F�'-aslble p1lan for the prescrvration of such structure , pro !ided that . is 0je-c- 1- to approvai of Cor.0- mon Counci j , the City sha 1U- 1MDUa r . C)WTI C 2 r diffe-- ence b,.�twee a air rcrurn an , th reruri lie mioh reo son i ly la v e o b I-a_ n d u i n g I-o s L-r u c t F:es01ution P-roposed Amendment - S'ec-�-J,on 60 . 43 of the, ';ode of Ordinances -By Aldlo-:man NJ.c.tiol.s : scconrllod by AI.Jorman .11)-arbor, R T1-'S f V C'I) , Thqt thy, Con-m-11",on Colllnc4 1i a )P-Iove the p-rnposod char-igu in Soction e t, L tely. 50 . 43 orl the of Ordinances and that ',.t boct ffective immedi.a Co r i C 0 A L(le s_IhCe has -receivc­j a request from the Board 01 ub 1.i C 'F")1"K s ti c I"land e ,ection 613,1) of the C o al e o IF Ordinances a r k- x'1.011 L J. Od I J T_J( I 0 S Y o a t.e d I ac,a ti-ons") b,_- deleted therefroRi the Follow- 17 October 1 , mys West State Street) South Side, from a poipt one hundred sixty- five (165) feet west of the west line of South Cayuga Stroot we a distance of thirty- five (35) feet . This wiil permit the Department of Pub0c Works vo instail a parking meter at the site of tke forma Salvation Arov nuilding , WhOrC a Dark- ing meter was removed to permit dciiveries an'd jischargo of passoingers when the building was used by the Salvaticn Army. aable Television Commission oy Alderman Borankay : seconded by Alderman Meyer RESOLVED, That Council uill reFer this matter to the Budget & Adminis- tration Committee with power to act an behalf of the Council with a full report given to Council afterward . Carried Iderman Nichols reported that the Commission has been meeting every aweek , and th9t they might be asking for money to hire an out-of-town InpCCOUDtant , The ComNission has been working very diligently and will. :Creport: to Council soon. Mayor Conley received a request relative to the possibility of the Te l Commission receiving "Paid" advice iron an out-of- town accountant Mayor Conley asked if this could be done through the Attorney for the City ' s account or Council ' s account? Alderman Meyer asked that the Council give a vote of confidence to Dana Ulloth who is a very thorough and competent person. Mayor Conley remorkee that he will ask the Television Commission for a, - written report before the next Council meeting . Noise Ordinance Alderman Nichols reported a meeting was hold with some visitors who came and discussed it with the Committee . Other meetings will he hold , in October , when there will be consuluation with experts . Commons Rules of Procedure - proposed addition. By AWTMan Nichols : socnnded by AldermaD Meyer RESOLVED, That the Council approve the following item to be added to th,- Commons Rules of Procedure : 11 . No person shall wade, swim, or climb upon the fouutain an the ithaca Commons . Carried AIJerman Nichols roport& on a request from the Commons Advisory Board . On MI ay .1 7 , 11.975 ruies wcre passed which wore simply adopted by Council resolution . This makes it possible for them to enforce these rules as City Laws . The Commons Advisory Board nsks that an additional rule be Dade in order to save thomseivos should apyone be in"yed on tho foun- tain . This addition is suggested as simnly a7fording the oppaitunty tc, the Commons Advisory 6011j , .hCn QOY 1 L2 Up LhOir rules , to post it ns a ruic nnd thuy subseqNancly might desire to print thesu rules as a card to bc given out ty offcUors . 11 . NC person shall! wujc , swim , or climb upin the fountait on the lthac�i Commons . Aldermro NOV qVISL&nod 00 Attorooy f0V thv Cirl, whcthnr the posting this -UIC wonji W00 any 0 . 00-rvce jo 0or Attornvy for the City , ShNpirp , royijud vhjt jL corinjily wpulin , t hurl jo post it hm it WculdR ' t exculpate the 0111 ! Y0A nny 110hUny October 1 , 1975 'ii: ! H The obligatioa 07 the QLY might 40 further . it is recommended vo noo Commons Advisnry Boord , as wal L as to the Planning Staff , thit we do a bit move by having a police a " Licer W ! a person who might be on that fountain , that tb have to get off - that they are in violation of City Ord-dnance . Alderman Mayer stated that the Commons Advisovy Ward would advocate either a sign an the pool or in proper locations at the ends of the Mail . Mayor Conley requested a specific recommendation of exactly what that sign is and what it would he and how big it would be and how it would read . This would be treated as a speci- Eic item when it comes up . Omnibus Human Rights Law Alderman Nichols reported that copies of an Interim Report from the Couaty Human Rights Committee were passed to the Members of tho Charter Q Ordinance Committee. It will be discussed at one of their October meetings . Alderman Nichols indicated that the feeling was the report would need more work before it can be discussed at Council . Zoning Law enforcement - B- 1 district north of Court Street Resolution in support of strict enforcement of Zoning Law - - report or suggested expansion of B- 1 district north of Court Street . By Alderman Nichols : seconded by Alderman Slattery RESOLVED , That the Charter and OrdiRance Committec again recommends the strong enforcement of the Zoning Law passed by tho Common Council in 1.974 during the interim period nhiie possible changes are under study by the Department of Planning. The mere possibility that a change could be contemplated is not a license for violations to be oxcuse4 or per- mitted to continue . All provisions of the law and the zoning map apply _ in all sections of the City and to all residents thereof . Carried Mayor Conley stated that he had talked with Mr. Hines who advised him there is a ruling before Judge Swartwood in Elmira at prosent . Attorney for the City , Shapiro explained that basically the Sullivan suit is still before Judge Swartwocd and that he has 60 days from August 20 , 197S to make his decision . Tho decision is not made as yet . Pis decision could affect Mr . Hines ' position . Any action the City takes at this point could pose on that decisiop handed down. Nothing could happen with that because the case pending is directly affcoted. it is Mr, Nines ' position that held like to see what that decision is . From the City ' s point of view , any aotion to push the incision would not be to the City ' s benefit . Mayor Conley statcd he is very intcresteJ in a favorabie decision for theCity in that dull .van case . It would also pertain to Mr. Hines ' sit- aation and even if we did not get n favorable opinion, Mayor Conley would want to take it to a highei authority or a highow court and press for the situation that the City of Ithaca can zone itself and can enforce, out zoniag laws . Ws do 4dve that Vight . The case as it is explained is cap the City zones economics? Mr. Sullivan QW0 he has a Constitu- tional right and wo aTo violating %is Cortstiw;ionaj rtght by zoning economics in an arca. Alderman Hamlin asked why we didn' t let SuLlivan move in , too . Attorney for the City, Shapiro renlied :hit it was Mr. Sutlivan ' s pcsi Wan thnt he did not Naat to until he had the decision of the Court. Mayor Conley urgvd Council not to pass Ws resolution at this time until the decision from Judge Swartwood is roccived . C t 0 h C r Aldcri-rian Bzlrbor comiiiented that t,.,e li,-: �,e the law on the books and, we should-alt have to pass a resol.-tition. Let ' s enforce our jax,,:s . Reso1utilan t-, Tahl,c, By Aldcrma-,). Mycr : by Al d.er;ilaij, Barber RESOLVEET, That oil -the fioor be tabled. Alderlm,in Iill kmted Aye Al de-L-man Jolic,s I,o t o'd Aye, Alderman N j.c h-o,I s voted A y,e A 1 d e i-ma n Meyer 170 ted Ay' 0 Alderman D)c_n n i s voted Aye AI d e r i,,i z i n B<„rbcr voted Aye Alderman SLccucci voted. Aye (7.) Aye A1 d--r mall Boronkay v o t C,C, AJ dc;rinp,n Spano -trC,4-e L N av Ai j-t B u o”h r oy d -(ro-ced Na�, AI J e ric, -a S-1 a t 1U.e,ry voted Nay Al dea,i a r i G 11 t 0,1-1 b E,T,C; r voted. May (5) Nays Motion Tab-' ed Al.derman Hamlin commente,i that he algrood with. Alderman Barber that this thing has �Orte on too long and -it should be brOLIg,14- t, brought to a head one way or another. PLANNIT',\TC A.ND DEVELOPMENT COMMITTEE Ald.eriirtv,,i Jones reported to Council concernim the joint recormendation with Budget- qI Admjpi F,.t r,,?4-it D, 0 corls ij e * L ring :)s clear the Planni.-n & 9 Deveic-,p.,ilent ti,(,-,Ie i,- newly Adop -.-d A,-hm-i nistro,tive codes as it r--fers to Director , Boa-j -d and Departi-dent . No v.c4-Jon is -r-corl.-raen,"Ied at this t ime Mayor Conley stated that the ruling of ,--he Committee is : The Planninlg & Devell.opment means t'lle P'Larnifig Departi-ent . Creat4 ()n of FjV,-� 15) p, --- OYe-parti,,ie . os i t i o 11 s Alder Tiium reported of the joint reccm!i,,,'n a t ion with Buu'cet Adm i r,j, s t r a.t i( of -14 )TI -on creation �_;_ve (S) Pijimiln,T Departjy�!ent po5sitlons , t h e s al)j,i il s s i o r, o 1 c, a Stqt( CiVij 21 >ervice Comrii.ssions for titllc! a I.-p r ov al --Ind they be roturnod -0 4-ijo k- "'an i g Board. L n n -i.11 st,ted he didn ' t thir.,I-, tl,,e Council. had. any author- itv w-ider 11_�--,w to accept t ' " I Lh-se posit-ions . !le 2, reed to referring th(--,,,p +-o 11 So,r-v, -; ce but an that- they be accepted he teelsy is Wrong . Director of Planning , V­il, Comet , co-m-m-e-ilte"I thzt he spoke with -'41r . Pcow -i,s 03) tki_-, Subiect. iljr. advised : the p-cocess was -�c)r the j C011M.,­—J -1 to approl,e 0_c first - then lCivil- Servicc, 4 7,S adequ,-te for th<: positIO115 . Ija r �-I'on! .-y coiimented I t I, o,,,q - c I n C e a t C Ob set t S I t? QI I 3-c C C, 1 I 14 1 lli-, Vao i_,orl�, F,t I I z I r lol C,r S it ":-1 i. l -toll and I'lut, Z! S a j.. t C,'o u C to elst<J,I I li �fl,C I)C)",, 1, r October 1 , 1975 AQcrman D •n&n commented that the dyvartment will have to return to CoUnCil for apprOVal - a1YODC WhI A added to that department . They have askcd Cor iv n (s) pusitio"s hut that joe3n ' t necessarily mearl :.flat all five (5) positioas will have to bo filied. Mayor Conley remarked that it cna be Yndled at budgettime. Alderman Barber asked why those positions are hoing created. Mayor Conley explained t. 1e positinns are being created to better de- fine the steps in the Planning Department and the steps of the appro- priate salaries and job descriptions . Alderman Jones stated , originally it was a reorganization of the de- partment . By Alderman Jones : seconded by Alderman Dennis RESOLVED, That Council approve the creation of five (5) Planning De- . partment positions , and their submission to local and state Civil Service commissions for title approval . Carried Ayes (10) ;gays 2) - Alderman Barber, Alderman Hamlin Community Development Committee Resolution 19 By Aldorman Jones : seconded by Alderman Barber RESOLVED, That the Council approve the recommendation on Mayor ' s Authorization to sign Joint City - 1HA application for rent subsidy to AUD , as follows : WHEREAS, the Housing and Community Act of 1974 require the coordihation of housing programs with community devolopment programs , and WHEREAS , Section 8 of the United States Housing Act oi 1937 , as amended, provides for housing assistance payments under the Enisting Housing Program, such funds to he in addition to the City' s Community Developmont funds , and WHEREAS , the Ithaca HousiRg Anthority has resolvej to assist the City in appropriato areas of its C3=nity Kvoiopmont Program, THEREFORE , BE IT RESOLVED, That the CoDmunity Devniopmenz CoAmission recommends that Common Council authoylzc Qe Mayor to submit an App!?cc for Existing Housing to the Dopartment of Nousing ard Urban Dovelopmont , arid. FURIHORMORE , BE Q RESOLVED, That CuKmon Council authorizes zho Mayor to negotiate and execute a Memorandum of Agreement with the Ithaca Housing AuLhority for administrarive sGrvices , includ- iag the sharing of any administrative monies provided by the Department of Housing and Urban Development , necessary for the implemenratior of the Fxisting Housing Program. FURTMERMORE , BE IT RESOLVED, That execution of this agreement by the Mayor be contingent upon the app „n" K the Attorney for the City . C a r 11 ed Alderman Jones explained there is a rough draFt of the memorandum of agreement attached to the Agcnda . This application slauld be filed by October 16 , 1975 . As you will notice in paragraph 5 , the suggestion is made that thcre be some pagniatod settlement between the City of October Ithaca , as a public body , tAo ljousiTi-- Authority, as a. publ-11-c body . They are the only ones ent-JI "l-le"! to iovolve(l in. this particular 1)3'0 a I Whatever arr'amerrcrl- is lv.,ocked ()u.L so that the City providc'.,s the checks , whets c-1- the 11ousing Autiflority .",.andles the intake, [Ind decisions on who s11a-11 use the jjojjsj.n- - 'LII,--sc are something which Mayo}' I-- I-Ia-la-111'qn Of the Housirp, Authority Board n e :,,d to q y o i- C o n I -X an d the C, 100'x. into and to C)"It. NIZILY01- Conley statc,d that be. 1culd like tc Oo ':his , also , in con.junc- '--"on with the Co.camunit.y Devel-o-piment Comi.mission as well as the 111OU-SITIF, 1-1 -- Authority. Alderman Jones also pointed out that the Ci-L-y has applied for Comm'unity 4- j 1 y I�J, Dev�-Iopmant funds of �426 , 000 . for this year - and his p,- rticu-La !7' Oj- rent, subsidy program do-es add to -v.!'Matever VTe- are putting into hous- inlo in this Cma;ftunity somewhere bcti,,een W,60 , 000 and $ 100 , 000 1%-1_}1c11 means another infusion of i--. rmey into the development of neighborhood ho-Uscs . T-, it fair to malr sure that ;:his his applies to those who already -live here Is in the City of Ithaca so that what wc are doingr is upgrading the housing for our •(--sjd(-.,n-;-.s? Mr. 1,11'acDougal of- tho Planning Department responded that this is being tl looked I'L o Mayor Conley -I-ep'Aied that our Community Dovelo-maent Commission will work out those details alon g HUD G 11i delines anc HUD Rules and Regula- tions . Disco.s sion by Council followed. Sale of Hancocl: Street By Alderman Jones seconded by Alderman, Barber. .1 grant permission to, wi thdraw tbe resolution RE"SOLVII-D, That Councii- asking for approval for the sale of Ha f)-Coc IC Street ('West from Mea"!")"v as writ-t-en, aim refcr t'i-.Ie matter of li:incoc-K St-reet 'back to tin-1, Boaral ti of Pub-lic Korks to hold 9, publjic heari Oiscont ' -tce of I) n cf on tno iuuaT Secondly o be roferred hack to the. Plan-aing Dopartmkont be- Second t 1 cause the)' ))' C-,- J-11teres-ced in SUPgt-Stil 11 'L 11-4,t the City retain a 1 L I portion of that latid. Carrie G B i c e r t 1-1 e n n i a_1 Barge C o i i t-f o c t By Alderman :barber : seconclled by Alderman Boronkay RES0I.'V'-D,- That the Council authorize the M:�ycr to sign the Bicenten- ni-al 'large Co7Aract. Traffic_ 1,i�x; t at C,a s a d i I I - L) NfcFd, I-j —---- -------- ha-r. Conloy contact DO." f 1'i i a M-a6ow S+trco"' st �4ayo1- Col- ley (T F J n s il I,:,il "v L'-Y a s t0 l'1. ,I.ttornay up on j ' j-� i l.97 '.` ur Coniny Cfi_mw & Chi-. : ;l:_ . oold prefer co center in on the Cas- COA111a strect situn &sn at Why point . However , we could also ask, P,h 'l's. cr wria they ,.5..:, ' Lc 2otv mirc where the traffic lights are placed and t- bo this infozmotiui in furthering our study on the Other NO into s ction s . 1 By Alderman ,Tones: seconded t.'i:r Alderman Sac.cltt;ci WHEREAS , the Board of Public Works at its August 21 meeting held a hearing on the disc_outinuance of an eight foot by 150 foot strip of land on Treva Avenue , north of Bridge Street , and WHEREAS, the Board of Public M'e'rles has det rmiDed that there is no farther public tr'ot'hs neej for said land, and WHEREAS , the hoard. of Public Works has prepared a survey of said land, and WHEREAS , the Planning Board has recc:mmended sale of said land, NOW, THEREFORE , BE IT RESOLVED, That this Common Council does find said land to be surplus and directs the City Clerk to have an appraisal made , the con oar which is Yo be added to the purchase price of tho land. and at least equal to the ap- praisal price and the funds for the appraisal not to exceed $175 . which is to be zranc, erred from the contingency lund to cover its cost , BE l T FURTHER 1Zr;SOl.VEL , That the _-and be sold at public auction and that all costs of such auction be included in the ?i21T?..2.;Tilam purchase price . Carried C%?pitaI IProvement ='-evie:Ar Committee Alderman Jones presented a report of the recommendations of the Capital Improvement Review Committee . This report was distributed to the Mayor and his staff as well as the Aldermen of the City of Ithaca . Alderman Jones further commented the Committee was trying to suggest to Council the kinds of improvements in the City ' physical plant which ware t'e needed. All of the funds that were a vail,:±`._#.e needed to be funded in 19761 The plans also are in nitied with a 6 year capital program. Mayor Conley asked K there was a recouii12enda C io" from the Capital im- provement Committee for any step phasing for the 6 year program or are t- all o�y F" e included i n t� e 1976 b(..I d g :fi. . ILC✓e C� l L•✓ .� Alderman Jones replied if funds are available . ENVIRONMENTAL CGMMISSION Alder:cman Meyer reported to the Council Ls follows : � The Commission sponsored movici on the Commons two TAursday nights is a row and decided to continue this projcct as part of their educational. program. The Commission tlliissioIt t... studying he eff r- crs of Lhe use of salt not i t' 'LCD one intention of saying that it shouldn ' t be used , but trying to qualify t4w quantity and choices of h a a s a l t is r i: R t s e& As a me'; bor of he Fpv ir: tEAtal Commission and the T -i-Cou ry study of SsliJ v....c'i: . Committee , we Y jj_ be loakivg into our use of solid waste . Aldcrf;ian Meyor st Eed thrt .. ho has bcon going to the C ' ' -( J ]" t v solid lr s tc meetings for anout: i yu '.ai1d the intention of the County is to 5 0 c L 11 sot hoon -to Albaiiy tc t a J_k %q i t1h a L, )Ll1 11 p 1-11)y US Stlully Our ?,pproacl3us to solid wa to wllich Will f"ced im ') t1, 0 C o un t v r o 1,f, t 0 �3 1)11 r I I 1)t e I I t i ")I; u s c r a t1-1E.' , 11 1 k,'- -v t,c) t I i e 1,a ii d f i I I - t o b u i­I ive Will col ri Tit,'e 1 Q WC, is G,n j S W 0, a !30 WO 11 c! c, ru co;,nn, n `i7 I.1'(; S I'll P P c-rt to t�C, 1)i k o LJCvy This Bikiawav �j, t c 1, c in t(ic City arelilt n c c.c,S s cl i- '.l ne an S ol re, Ion blit i)o.tss-ib'Ily P, mode of trq'T�f ­arti iJ-, P Vltew of cbe energy crises BUDGET AND ADM 1LNJ'STR.,,Jj0j%� Tax E -ei-mptirn A,,77-0,7-,Mcnt bet-,voen of 'Itlinca rind Town of Resolution ProfTr,')Jr =c.!r Pre- S'choolers By Aid,-rman Den,iis : SOIC01"(11-3 by Alli-Itermall Spcp,,) valz RE A, S, the TOW!! 01 It11a a. is a. municipa- li ,-y e -C,, rece, .vc reimbursement the St!a"'le C)f 'York for sponsorinc; a You-i" project and c,ry 1 c.o_s WHEREAS 1110 City of Jtbaca -7,1,d the Toi%,n l)-f- T( Lhaca is desirous of openating I! CJ_­-,`­ t,)-()T1e DI-O�il'am -17or preschoolers in the town , m 1, i"Y To-vii teenagers , and a a Youth Emj-_,_ok1 er!t1 Ser,7 c part-tiine ',rl v,,olild benefit 'Town. YOUth for al initizil rjo(l c -V,)-Gr s jjj_)c)p I'Dq s an.It c o rid i t I (1-1-1 s e X P x"`s S 0 d in t Ii.c- � t L a c h c 6' c unt ra c-L NOW 'FiHIERFFORE, BE IT RE SOL-v1JED Thi it t 13_J­. co-a 4L.i a c z is hereby a.c.c ep zc-d by the City Of I -( 11 . .1 j(: a )d hcret)y a;4­L-J1,orJ`. zes tnt: Mayo-;• and City clork -11-0 cxrec"Ite Said Carriect Provisional Appc%int ilent - B,-irb--ra C . By Alderjuan Dcrinis, : seconde.-I by Alderma-n Slattery RESOLVED , That 11 D .41 an e be provisionally appointed as Scnic)r Stenc her jr) tjjE! Ci.tN, C.! OrKs of�c g ra p, licc,' at a salary of $ 7 , 543 . (Stop e )eptej_nj D er j5 , Carried Provi.sJona-l' Apr,�ointmcn­t Aud ey CoC)p^y By AI d e nn a I-,t I)e i 111 i s : secon.def1 by Aldermnan Boothroyd F 1,at Audn­, Coop(,,- -I-C,V 4 R 1) _ t J_ 11 ci a e-nior e as S Cleil� fo- r 0 Er C a ro irjo J Sri n o(I 7.t t JtE 4 or Au cd I B), I do Y o;,, ril J t�cLiJ J 1 ; 1975 A Y Aidcrman Dennis ,,d 10tucr Cvun Dingman dated 9/11/7S , as follows : The Board of Public Works has detevninod Thai •the nuthorization for tLe Hancock Street Bridge FrojecL can safely be joworaj to $120 , 000 . it is recommended that $30 , 000 . rhus be allocated as follows : $ 5 ,000 , ' - Cass Park Ball Disyon0 S10 , 000 . , - Reconstruction of siocwall - Seneca stroet nridge $15 , 000 , Children ' s swimming pool at Cass Park We will appreciate an early indication of the action of rhe Finance - Ccmmittee so we can attempt to get the 4ark on the ball diamond and Seaeca Street Bridge belarc tho W Q this construction season. Rccommendation was made previously but not a resolution that we tell Mr , Dingman to do tie projects this fall out of the operating budget . I fhe question is to Mr. Dingman : is it bass i l e for these projects to -bo done out of the operating budget this fall? 'v!r Dingman replied Discussion fellowed concerning proper handling of transfer of these funds . By Alderman Jones : seconded by Alderman Dennis RESOLVED , That Council yonove $ 30 , 000 , from the Hancock Street Bridge Project Account as racommended Q the Board of Pubfir Woyks action an Septemner 10 , 1975 and saiJ 00 , 050 . he transferred to the General Fund Ravenue Account A- 2850 . BE IT FURTHER RESOLVED, TNat $0 , 000 . be transferyed Kom the General Pund Contingent Account to the Capital Fund as iollows : Cass Park Ball Diamond 5 , 000 . West Seneca St . Bridge Sidowal!-, $10 , 00v TNTERGOVERNMENTAL RELATIONS COMMIrTEE old Basiness Alderman Gatenherger stated that tho mcatings are rupning very long and it is ridiculous that we keep the Departmant Hoads to long. Discussion followed concerning the possibility Q the Department Heads not being expected to attend Cuuncil meetings unless their depactment was involved. Nayor Conley stated that many times a quostion cDmos up which needs c � K referred to a Depuyt2ent Peat, thero2ore their attendance at these mootings is necossary . Wo FQW& all tyy to cAyndite Council meetings . To Lhe future wc will make nD attompt Lo nhorunn zhu cepurfs and move the moeting moye quickly . on a motiDn the mcming wns &jnuzAzq aL 11 : 51 PM '-4 b-iiii )V. Mayor COMIIOIN COUNCIL PROCEEDINGS CITY OF IITIACA., NEW YORK Regular. Meeting 7 :30 p.m. November 5, 1975 PRESENT: Mayor Corley Aldermen: CL2) - Barber, boothroyd, Baronkay, Dennis, Gutenberger, Hamlin, Jones, Meyer, Nichols, Saccucci, Slattery, Spano OTHERS_PRESENT: Planning Director - Van Cort Supt. of Public Works - Dingman Deputy Bldg. ComiAssioner - Joi:ies Courdinator-Youth Director -- Cutia Attorney for the City - Shapiro City Engineer - Cox Controller_ - Daley Police Chief_ - Herson Fire Chief - Weaver City Clerk - Rundle Ass`-L. Controller. •- Spano PLEDGE OF '�LLl',C'T_AN_CE: Mayor Conley lead all present in the Pledge of Allegiance to zhe Aiue ican Flab. MINUTES: by Alderman Barber: seconded by Alderman Spano RESOI.VEJ, That the minutes of the October 1, 1975, Common Council meeting be approve:! as recordead by the City Clerk. Carried p ADDITION TO TI1E AGENDA BUDGET & A.IINISTRATION COMMITTEE: Alderman Dennis requested the addition of the Audit to the Agen0a. No objections were made. ELVA IlOI.,M�' - ;VLDE',!kL-EI,ECT: Mayor Conley stated that we have prepared a place with Council for Alcerr,an- elect Elva Holman. We would like to have her part-�cips_te in our mec. :ing and take part in all Council activities. Also the Committee Chairmr;n- shou_`0 notify Mrs, Holman of any conurd_ttee meetings which are being held. It is very imt,o'rLant for her to work with Coui.cil on the Budget process I;etweer now and the tin':^s she ta:kes office. SPECIAL ORDER OF BUSINESS BI-C:cN''TNN:L"L C_O._Zr S:,T_ON: Mr. Gregory Kasprzak, Chairman of the Bicentennial Couf"Iti!.S�lO.ls expla4ned what the Co-ramisslon is doing. The most important, or most tar reaching iS the Bicentennial Barge which will be visiting Ithaca on August 20 -- 22, 1976. The five counties which are involved. in the Barge will include Broome, Tioga, Chei^ung, S;:l.uyler and Tompkins. All counties have agreed to partici- pate In th .s event. Ilie second major project which the Bicentennial Commission is intending to e..ecute is Circle Greenwoy. Chai z-.aan I.asl,rzak introduced Elizabeth :iuiholiand, Chairman Ce that sur)corTitt:ee, to explain the Circle Greenway Project. Chairman Ni,ilh ollana e:si)lainad chat the Circle Greenway is a wall, y ar.ourid the ecge of Ithaca counecting sitos of great natural boauty, historic interest and unusu.-I ur'?an 6cia .^atft-2r. Sile, further staled tha.t. the Circle Greenwav CoIItrli Utz e. is wC t �in th -uidelr.nes of the D.r.I?. C airman Kasprzak commiented rl.at Circle Greenway will take in some areas outside of the City Of Ithaca. Ti,ereforc, Lhe COT," ttEl 1S preSr�ntly negotiating with the '0c-.11 of it-ha.ca a ,l Cornell. 4k o pass throw h their land and to coordinrit:c and co-opara te. wiLh t ie- to create Circle Greenway. C.h i rf.lan P.3sprzaiC stated that he hopes the Cap1.tal_ Prograrcming Co?wtll_Lte_e did 'iCt neglect: to) ')UL SO. z-. C,�.:I:ilell Project-s for this particular prcj<ect and for future ;rears .lso. N love- -mb a r 5, 1975 -man Kasprzak iaade was o,:Jri, er point which Chait the necd for money for the arrivin from the State or the Barge. Some of the money witl be g f days that the Barge will be in Ithaca. A $1200 daily stipend plus a one Stipend of $500, making a total. of $1.700. Chairman Kasprzak does not fael that this will be enough. LnfO-Imation as to how ouch th-�-, surrounding counties wil-11 contribute is still indeEinite. How much money will actually be needed is also indefinite but we have a committee that is preparing the programs and we will develop a funding situation. Chairman Kasprzak stated HI-IaL the last item he is bringing before Council is the most critical. Space is needed that can be called the headquarters for the Bicantennial Coiimaission. Also needed is secret"'arial help. Correction was made on the above statement of $1200 daily. The amount of $1200 will be for the 3 day period making a total of $1700 from the State. This money will cover some activities which the State will require from us. At this point we don' t know what obligatioas we will have to fulfill, during the time the Barge will be here. Alderman Boothroyd recommended that we send this request to the Budget and Administration Committee for their consideration. Mayor Conley would like to work with Chairman Kasprzaic and some of the Department Heads. Alderman Jones asked if the other 5 counties had been contacted regarding the tact that the committee needs money. Chairman Kasprzak replied that the particular point of money had not been discussed because we had not reached the point in our program preparation whereby we can identify what kind of money will be needed. Alderman Saccucci asked what the approximate total cost of this project will be. Chairman Kasprzak replied that the first year expenses are expected to amount to approxmiately $5,000. of -putting Mayor Conley stated that the project hasn't been developed to the poi-it. a price tag on the whole thing. Mlore discussion followed. Mayor Conley thanked Chairman Kasprzak and Elizabeth Mulholland for appeariag before Council. The next step will be for the Mayor to work with the staff to come up with a recommendation and if there is any expense involved it will be brought back to Council. KINS COUNTY OFFICE FOR THE AGING: Janice Daugherty, the Services Coordinator for the Office for the Aged, presented their objectives and area plans for 1976. 0 Mayor Conley t1hanked Janice -Daugherty for her prese.1tation. PETITIONS A�ND HEARINGS OF PE-RSO.vS BEFORE COUNCIL i,1R,, BOARDMA1,N LEE: City Historian, 1-tr. Boardil.iarj. Lee of 711 E. Seneca Street addressed the Counc 1-1 Mr. Lee stated that L-,Iip- united Way has produced a. film about Ithaca -1 0 r t nC callec! "This is the Place" or "This is the Life". ',. e would like to h -,✓e Co ir it approval to purchase this film for the City Archive3. The film was written by Charles Chatfield and has been very ably produced by Ithaca College. The cost is $500. Mayor Conley commented that he has heard from various sources thrq-L this is a J I- opinion ��hat the City should Ila, copy emendous f-- ni about Ithaca and is of the sole purpose of attracting industria-.3, busi -csses and commerce to the aunil By Alclerman Boronkay; seconded by r`.1_derman Jonc.3 UESOLVED, That the mat ter of T:urchasing the fila,, '17-Iiis is the Place" or "This is 1) vile Life" be- refe�:red to the L),%AS,_L rlud Administj:aLiork 'CoauAttee 'Lor inclusion in fire Budget. Carried -3- November 5, 1 :75 MR. MYRON STANTON: Mr. Myron Stanton, 105 W. State Stree, part owner of a piece of property just off. the Ithaca Commons addressed Council. Mr. Stanton went on record as opposing the method of the tax assessment on the front foot basis. He feels it is very unfair to the small property owner. Mr. Stanton is in favor of the Commons, but he feels that by placing a special tax based on the assessed valuation on all of Ithaca's downtown property , you could come up wish a fair taxation. Mayor Conley stated that the C_ty Attorney is ,:aorkir.g with Bond Counsel on developing that. More discussion followed. Mayor Conley asked Mr. Van Cort to be in contact with Mr. Stanton and any other rorchant who would be interested, so the Board of Public Works will have the benefit Of it. Attorney for the City Shapiro stated just in case there is any misconception about what is being done with respect to local law right. now, Bond Counsel has in their hands the various resolutions that the board of Public Works and the Common Council passed with respect to the tax benefit- district. They will put together a local la-VT which will be flexible in ;nature. Cr !fJ COMMUNICATIONS C ITHACA LAND,IARKS PRESERVATIOtd C-3;,IAISSION: City Clerk Rundle read a letter from Jonathan C. Mcigs, Secretary of the Ithaca Landma.-l:.s Preservation Commission, as follows: Dear Mayor and Council Members : On October 13th this Commission designated properties lying north of Court Street as an addition to the city's DeWitt Park Historic District. This action was taken following a duly-advertised public hearing in September, notice of which was given neighboring property owners, and deliberation at the Commission's September and October meetings. The propei-t_ies included in this addition are those fronting on the north side of Court Street from 114 West. Court. to Tioga Street, plus nos. 404, 407 and 409 North Cayuga Street, as indicated on the accompanying map. The purpose of this addition is to recognize and provide city landmark: protection for several noteworthy structures which fopm part of the larger and more comprehensive National Register historic district, Taking the boundaries of city and naticnal districts more nearly congruent. The Commission feel that this designation and protection of historic resources is important, particularly in view of the potential for extension of the B-1 zone which is currently under study. Your ratificaticn of this action is requested. Very truly yours, Jonathan C. Meigs Secretary Ithaca Landmarks Preservation Commission B,; Alderman Jones: seconded by Alderman Loror.kay RESGLVFD, 'tl-oat the above request from Mr. Wigs be referred to the Planning Board for recommon.dat:ion and r.}yen that it be referred to the Charter & Ordinance Conmittee and the Pl.aAning & Development Cocinittee. Carried t City Clerk, Rundle read a letter from Gary T. Fassak, President of the Cornell. Radio Guild, Inc. and John. Could, President of the Collegctoe,ra Merchants Association in reference to Police Covera"c in the Linden Avenue Area. TO: I±7HACA COTZION COUNICIL FTZOiI: Gary T. Fassak, Pr•nsi_dent, Cornell Radio Guild, Inc. Jour: Gould, President, Coll Tt aLown nerchants Association RE: POLICE COVERAGE?. IN THE LINDEN AVENUE A9EA In recent months, the situation regarding vandalism and hnrassTent in the Linden Avenue area has becoup untenable. We foal this is due to the lack of a regular Novem)Jer 5, 1975 r_ r`ot patrol policeman IIl t lF, area. When ihare as baron l regular !oot patrol, Lhe levels of vandalism and harassment have been sign-Lfican ly decreased. We irge the iwmediate insidtut.ion of a regular foot partr-ol in the Lindell Avenue a roa. r p1-d��rman Slattery: se�or�c.'6 by Aldcrm n Nicl ols RESOLVED, That the matter of Police coverage :.n cne L n oa A enue area be rKerred to the Human Services Committee. Carried OCTOPUS INTERSECTION: Al.dernan Saccucci requested that the Mayor make a presentation � of 1:1110 D.O.T. letter to the City in connection with the Octopus irtersecticn> , Mayor Conley agreed to make this presentation unJer new business. REPORT Or ATTOItO Y FOR Ti-F CITY GPEFN STREET RAMP: Attorney for the City Shaprio reported that the amendment to Lhe basic documents with respect to the small parcel of land next to the Rothschilds store. That land is currently owned by Urban Renewal_ and was part of what was going to be the second delivery parcel to Caldwell. Because of the way things have been working out; namely, the earlier demolition of the back of the Rothschild store that was originally conceived, we will be in a position to buy the Green Street 1--iltp before such time as the entire second delivery parcel is conveyed to Caldwell". Because of IIUl regulations and the way documents are written, the portion of land _ which is now covered over by part of the ramp has to be conveyed to Caldwell before the rest of the second delivery parcel is conveyed to Caldwell. HUD regulations require, in a case like that, a pro-rata share based on a square foot basis of the price of the second delivery parcel be paid to Urban Renewal at the time that sTal-t- parcel is conveyed. It looks like it is going to come to around $22,000 based on she total price of $100,000 for the second delivery parcel.. So what 's goring to in 'happening in the very near future is that Urban Renewal is going to convey that small parcel_ of laqd to UDC s��,ich will then convey it to CDC and then Ke City of Ithaca will buy the air rights which will encompass the entire green Street Ranp. By A .dor.aan Boothroyd: seconded by Alderman Hamlin '''SOLVED That the Common Council_ authorize the Mayor to execute and sign an agreement to amend the basic Caldwell document to convey the seoonJ dali.vexy parcel in two phases rather than one and it's the minimum amount of land possible to convoy and still take into consideration all the area above which the Green Street Ramp its. Carried Attorney for the City Shapiro offered his apologies to the Charter and Grdinance i:u''1'ilitteE' because he hasn't been able to report any progress on the Noise ordinance. To has been working on the Caldwell Project exclusively for the past tC;'o weeks., Will now try to get back to the Noise Ordinance:. COM2?,uUNT CA T IO NS FROM TIIE MAYOR CO�iMTSQO"SR POSITION: Mayor Conley reported that he has resumes from three (3) people who are being considered for the Building Commissioner position. He will ask the Board of Zoning Appeals to work with him on the interV'iE1vs and will c.ume back to the Council prior to hiring of the Building Commissioner. l.' Board of Zoning Appeals is the group that works most closely with the Building Coimmi`-,si_Ctkie 's office therefore Lhcy will be involved with the interviewq for that particulaw position. 4.3_deroaa Hamlin risked what qualifications ..ire required for this job. yor Conley replied thy : what we are looking for is the technical pornions of it and k _Jar ence in enforcement. Two of the :applicants that we have received have a sigaificant amount of experience in code enforcement work and both are accumpanied by degrees; one in EngiI cel:iC g and the other has an orchiLectural- degree. The technical:.ical expertise is important as wall as expei._ence. Alder non Saccucci aske J if the applicants were local people. Mayor Conley replied that Vin, of the applicants is a tom?_ ounk'r w:i_thirt th City, +pile is a r s dent of rh.e Lest coast, but was a i.'_1 e long resident of rthaca and would like to code back. The third is a gi';iKate of Cornell. , who lives in the Greater Ithaca area. -5- November 5, 1975 DEPUTY BUILDING COM."ESS-IONEIR: 11a.yor Conley reported that two people took the exam for this position. Edison Jones received the highest score of the two. Miyor Conley appoini.cid 1,1r. Edison Jones permanent Deputy Building Commission. By Alderman Boothroyd: seconded by Alderman Hamlin RESOLVED, that ',-1ayor Conley's appointmeric of Edison Jones as permanent Dcputy Building Conmiissioner be approved. Car ri ed REPO PT 01' CITY CG-NITROILE:,� WORKSHOP - DECEMBER 3 & 4 IN SYRACUSE: ControlJRr Daley reported that a timely and signifina.-L. workshop is coulng up and the Conference of Mayors have asEud the Treasurers, (butrollers, Budget Officers to encourage our Common Co'.Incil to att-crid the workshop teing held December 3 & 4 in Syracuse. Title of the workshop is Municipal Borrowings & Other Finance Management Problenn. By Alderman Boothroyd: seconded by Alderman Boronkay RESOLVED, That-, c'o-,raaon Council authovize newly elected officials to travel on behalf of the City. Carried 0* W Coiat-r.c-)1-lar Daley reported that a $25.00 registration fee includes two lunches. Pica se notify him as soon as possible as to the riuniilber going to the workshop, CHARTER & ORDINANCE' CO1,T-1l--T7''-,,-,'E PR0-f",-';S1ED ANE-N-I)MENT: Local Law No. 3 of the Year 1975 By Alderman Ni2hols : secondad by Alderman Jones RESOLVED, That proposed Local Law No. 3 of the year 1975 entitled A Local Law Numbering the Provisions of Local Law No. 3 of the Year 1975 and Inserting in the City Charter be and it is hereby introduced before the Council of the City of Ithaca, New York, and HE IT FURTHER RESOLVED, That copies of the aforesaid Local Law have been laid upon the desk of each member of the Common Council by the City Clerk, Carried. hocal Law No. 3 of the Year 1975 City of Ithaca A LOCAL LIT NL!1I ERING YHE P-ROVIST-ONS OF TOCAL LATET NO. 3 OF POE YEAR 1975 AND jNSEATING it 10F, CITY CRAkTER BE IT ENACTED by the Ccm;mon Council of the City of itheca, Now York as follows : SECTION 1. NUABERING TIE PROVISIONS OF LOCAL LAW NO. 3 OF = YEIR 1975. !ED iNSERTING IN THE CITY CYARTER. Local haw No. 3 of the Year 1975 is hereby nuubcred and inoerted in the 1thacs City Oianer as follows : SECTION 2.26 COMMUNITY DISITHLOPHENT C01--fla-S-ISION 1. jeEiglativy Inten,., In order to plan and implement efficiently the eligible acLivitias of the !busing arld Co-"a�'.unity Development Act of 1974 in the City of ithsca a coordinateJ effort is necussary. S&CP these aCLiVitiea involve several city departments, other agencies of locQ guver ill mem, and othey governm2atal bodies , a hioi degran of and cocrdinnvion 2rc roquired. The general lutent of Vie CoT,unity Eev&ormeat Frogism is the improvemeat of L%e quality of life lu 1rhaca through such physicaL, social, other QvPlopmcwn). activities as may be specified by the Qpnissjon and appuoved by the Gonnon Cnarall , TwBe activitlys a qcneyalQ derived from the recommen3acions in rho Cjtv' �; Con=lty RpPoW Prokram proparad in 1972. Furthernara, ufficicun dhstri. vtLua of Lhe Comannizy Dove or aity othei Hads perrOADing 10 COMMUniQ,' November 5. 1975 jovp1opment, to other bodies inc lading, but noU limited to, the Urban henewal n7vocy, Ooard of Public Works, or private gtOaPs, is required. EscHblishnent of a p�rnnacnt Commission will provide tho mechanism for tba juVlemencation of these noahs. 2, Establishment of the Community Development Commission file Connion Council of the City of ithaca bereby creates a commission which shalL be kncwn as tha City of Ithaca Cor�aunity (the "Commiosion") , said Copmission to be in existence foc a period of five years from the date this law is field with the Secretary of State. 3. Membership The Commission shall consist of five (5) members, with the Mayor as Chairman. Four (4) other members are to be appointed by the Mayor, with the approval of Council by a t,_ro-thirds vote. Members can also be removed by a two-thirds vote of Council. Any resident of the City of Ithaca shall be eligible to be appointed ;-! -vji',U-ber of the Commission. 4. Officers, Meetings and Committees The Mayor shall be the Chairman & the Commission. All meetings of the Commission shall be recorded and the Commission shall adopt rules and procedures for its meetings. IL shall keep accurate records of its meetings and activities and shall file an annual report. 5. Powers and duties V the Commission The powers and duties of he Commission shall be to: 1, Advise Common Council on matters of community development, including but not limited to, those activities specified as eligible activities under the Housiag and Community Developmaw Act of 1974. 2. Prepare annoally the City's application for Community Development Block Crauts, and other grants pertinent to community development, subject to the approval of Co-carton Council and tine Mayor. 3. Recommend distribution of the Community Development funds within the budget as approved by Common Council in the annual application. The Commission will also rccoimnend distribution of other funds as may be approved by Common u Concil. 4. Conduct such studies and surveys as may be deemed necessary to the carrying- out of the Co!­afissioa's, f)°,,nction. 5. Seek the cooperation of other governmental or private bodies and funding from other governmental Lad private sources as may be deemed necessary to the Car:Dission's activities. O. Prepare and maintain reports, maps, publicati"ns, etc. , uccessary to community developTent. 7. Carry out 5uch nher duties as may be assigned from time to time by Con on ("')1-:'n c i 1.. ,n.,c Cc -Liss, - to the Common Council not later ,iar. 1.oa shall submit an annual rcport then the first day of April of each year, concerning the activities and wurk of O Conmissiou and 1vom time to mime shall submit suah. reports and recommendations .., 'may he required to fulfill the purposes of this Chapter, to conform with che City charter. The Commission snall sub7,it to Common Council a request for fuads including, bim n9L limited to, the funds specified in the City' s znnu�)l C-)mm'unity Devel-op,.nent nDplication, includiug all allocations for the serviccs performud by mezbers of other City departments, -7- F. Compensation and Elpe ses The members of the Coinimission shall receive no cowpensaticn for their b vien-.- but may he reimbursed for reasonable and necessary eypenses incurred in the pericynnnq'', of their duties within the appropriations made available therefor, 9. Cons L ru ut 1 on This chapter shall bo deemed an exercise cf the paiers of Lhe CitY Of ILhaCa U undertake cormurfly developutenL activities to UTrove the quality of life on behil-F of the piesout and future inhabitants therecf. Tnis Cadpter is not intended and shall not be deemed to impair the powers of any other publin corporetion. SECTIOiN 2. ENACTIMI-ENT This Local Law shall take effect immadianel- a7ran filing in the Office of the Secretary of State and shall empire five (5) yzars from the date of sail filing. unless extended by resolwcion of Co,,mijon Council. Alderman Nichols stated that the procedore u• w oil_t be that we can vote on 00 at the next regular Council meeting and thou tha Wyor will then call and advanise it for a Hearing and at that- tire it will be filed with the Secretary oT State in the form of a legal law, Discussion followed concerning holding of the Public Hearing. NOISE ORDTNANCT: Alderman Nichols reported that we have already heard from Attoracy for the City Shapiro on the Noise Ordinance. 0,'L%,!!\Tl-?)U,S RIGHTS BILL: Alderman Nichols reported that we have not received this back from the authors of the bill a finished copy, although it has been proi-aised, we have not received it; therefore, this bill is not yet ready. IT. MCA SCHFPU!E: Alderman Nichols raporLcd tha,,t during the siunme-r a scht,_dufe who do not operate businesses directly on the Coar!,,-j,-)ns -was proposed and referred to her comr,ittee. Alderman Nichols commented thn her comnAttee has been waiting for a finalized copy of this schedule so Council. coi-O-d pass on it. Meanwhile fees have been chargad for use of the Commons and 'she concern is whether they are being charged illegally and Liso the disposition of Tunds which have been collected. Alderman Nichols remarked that she does not believe that the Counons Advisory Board has been authorized to collect fees and would like to receive the fee schedule very promptly so that the Charter & orilnaace-,, Committee could got it and transmit it to Council so that these things can be done in a legal fashion. Discussion followed. SECTION 16. 29 CONDUCT OF SALES : Alderman Nichols reported on the suggestion for sty2nghthcning Section 16. 29 ("Conduct of Salas") by adding an additional requirement. We Rules of Procedure state that all laws are going to be checked by the Attornsy for the City so this is being laid on the table now for consideration at th=e next Council meeting. RU US OFF PROCEDURE COIVON COITNC-IL: Alderman Nichols presented Rules of P'-r-(-)Ccde ur -to-tho,-,Aldezv"un- for C or o s uncil's tudy. Aldernma Humlia suggested that Council amend nurber 11 of the Holes of Procedure to read : "except for the Budget & Administration Committee, who will remain at the end of the meeting." Attorney for the City Shapiro stated that the addi&oD of V12 to the Vules of Procedure is in conflict w0h the Rules of the City Charter. Discussion followed. Alderman Nomlia asked if the Attornay for Lhe City could prepare a local a,,7 coicring Qem U& Aljermnn Sim my nsked wh2they item 12 would have any effect an reWinw or delstiov. the pvwQrs snd duties of the M3yor in calling scssion- of coynnil. Ai fony for the CiLy Shapiro ctomwated that no didn' t 011—c it woUd relvc,-: LOC MPYOT' S Novvmber 5, 1975 �Ayor Conley suggested that the ALLornov foc the City draft a local Qw ond refer it to the Charter & Ordinance Committee who will bring 1L back to Council for action. Alderman Nichols suggested that the Rules of Procedure be referred back to the CharLer & Ordinance Cnm2ittee for addiulonal works. Alderman Slattery reported that there was an emergency meeting held at the Nc=hside Public Housing. Gripes ware heard but these gripes seemed to be limited Vo a minority of the people who live in the project. Some thought it was being r very well and mhorr thought there ware very urgont problems. Suggestion was node that they form a Citizens comnu� , -ttee to act as wi Advisory Co-maittee to the Board. They will act on this at their Pext meeting. Mayor Conley stated that any action on this matter would be taken by the I.H.A. Board, 3ECESS : Council recessed at 9:00 p.m. and reconvened at 9 :15 p.m. OCTOPUS : Mayor Conley preGenced a mA? of the Octopus which was pr—,.�pircd by dated 4/1/74. 3 Yort State DepartTent oY 7ransportation in Syracuse Maycr Conley reponed that the staff and the Public 0orks Highway Committae swdied this pertinent inforoation. Several objections were sited by the staff and committee, to the suggested changes. 1:11ost serious of these objections was the widening of the bridge by eliminating the sidewalk which people used for walking and bicycling. Mayor Conley also stated that the State was requesting that we make this construction tha number 1 construction priority in the area. This was not troe; the first priority was the second bridge which is being considered. ALJeri,-nn Haialin asked if this proposal was taken to the Board of Public Works and they Luined it down. Nayor Conley stated that this came in and was reviewed by a Comaittee of the Board. Mayor Conley apologized for not bringing this project back to Council for their information. ale f. Verson stated that our concern was the fact that this plan offered no alternatives to the particular problem that we have is the excess amount of traffic that utilizes this area during the peak periods of the day. T%e critical thing is, if this bridge goes out (during a flood, for example) all access to Zest Hill will be completely gone. If we have another accident on this bridge, we have lost all fire protection, all ambulance service and emargency service to the hospital. in order to implement this particular plan we would be sacrificing me route 96 project. The feeling from the Public Safety standpoint is that we jo need an alternate method to get to the West Side of the community. '-!ore discussion followed. Zy Alderman Saccucci: seconded by Alderman Hamlin RESOLVED, That the maner of the Octopus be referred to the Superintendent o� lublic Works who will take it back to the. Board of PA),Iic t,jorks for a reco-im-.eadation to Council at their next meeting. Carried PIANNTNG & DEVELOPMENT C0.74XTTTEE TAANSTT D.FUELOPMENT- PROUCT: By Alderman Jones: sanunded by Alderman Mnyer City of ithaca auj the OnKed SwLes K America have onecutad a contract to provide capital inprovcments tc the Community Transit System, Knoy as 711 Qn Transit DevelopmenC Prc"CcL, and the Std Le of New YGrk is a ?articipyit in the aforementioaed project, -9- November 5, 1975 THEREFORE, be it resolved that Commoi) Council hereby authorizes and directs the Dhyor and City Clerk of the Uity of ILhacs to exacute the agreement between the State of New York, acting by and through the Comnissioner of TranspouLation. and the City of Ithaca to provide Snate funds for a project which includes parchc,t,� of Your buses, bus graphics and bus shelters. Carried. CONS ITTINC A(,.1JUE-'-E]NT: By Alderman jones : seconded by Alderman Slattery RESOLVED, That the Common Council approved the Chnsulting Agreement bet: oeo the City of Ithaca and Anthony F. Taverni as follows : AGREEMENT, made this 6t71 day of November, 3975, between the City of Ithaca, City Hall, Ithaca, New York ("City") , and Anthony F. Taverni, 9 Cliff Park Circle, Ithaca, New York 14850 ("Consultant") . City hereby rat ins Consultant to providE such industrial development consulting services as shall be specified by the City Director of Planning and %velopmant. Consultant agicas to perform such services uoder the terms Lnd condWons snt forth in this Agreement. Coasultant shall be compensated for services hereunder at the rate of $4 . 10 po-i� hour. In no evenE shall total compensation for services hr7eunier exceed 02, 500,.00. At no tire durivg calendar year 1975 shall the total compensation exaced -0675.00 The re-mninioS $1,825.00 may be expended in calendar year 1976. In addition, the City shall reimburse Consultant for such expenses as nay be necessary for the proper execution of services hereunder, as approved by the City Director of Planning and Development, The City shail provide such support staff services as may be required for the proper execution of Consultant's services. Prior to ucca cm Friday, Nove-.9.1bor 14, 1975, and one each second Friday Lhereaftcy, Consultant sh2l._ submit to the City a voucher, signed by the City Director of Planning and Lovolopment, showing services performed by Consultant during the previous Wo weeKs and payment to which Consultant is entitled. Consaltant shall be Paid with Community Development Funds pursuant to said voucher on the day on which said voucher is submitted. I-,'- cer!-f-. o f —nis Agreement shall commence on the date hereof and end on June 1, WK. Either part, any terminate this Agreement on two week's writLen notice to the othey, 1N VITAESS WKERROF, the parties have hereunto set their bands this 6th day of November, 1975. CITY OF ITHACA B Edward J. ConZey,--Mayo Anthony F. Taverni Direcoor of 13ayninq Van Cort. reported that tho Comnanity Developnent project passed by Council is a $10,000 item for Economic Development and this summar a sLudy was prepared which pninred out a nWer of steps the City should take to nwintoin iL3 position in terEs of economic well being. this would include native uark on industrial developDan4 and continued work on the coI rurcial 22volappont, This conrracf- .r'c)uld to beghn ark on the industrial developmen- for the City, Aliarmin that 3he can u1!derstan6 this Wng hnndled by th2 CouncU . Pwievcr, chin nhould not be con dared an isnlawd City problem. No shonjw W, Aharing this with nnolher govRtamunLal body; we don' t stand alonL. AldermEn jenw4 '�o ve _riber 5., 1975 0frher mLated that from the point Of viOw Of geLLQR nher money to Put in to I als nqd making our Cnvzwaity Ueve&Pmcut Funds go fucrher, the City is defeating its purpose by considering only itnalf and by wying for this by itself. We thould be sharing the cost of this -with anothcr governnantal body; we don' t stand aLone. wractur of Planning, Van Curt stand that this project will be targeted an the city, The County has a director; all K their work has been done outside of the city and tbay are not dircUed at the potential sUes in Lhe City which is what ue are aiming for. Mayor Conley staled that the To,-P-i fias more space that we do and it would seem that for the developmontal projects that wa howe availablc in the City, we should explore every opportunity for us to try to develop them. Working with another governmental unit, such as the Town, who has more opcn space than we do, doesn' t seem like the answer. `�_`ayor Conley stated that there is a now State Agency Economic Developvent Board nhich was created by the Covernor. 1hys incicdes 5 or 6 people whose immediate function was to save and prescrve industries iq New York State who were contemplating moving out. This Board would come in to help save a particular industry in a cGuTmInnits. Blair furtber directive is to work with local units of government to develop industrial resources to bring commerce to them. The 'Elmira road area k.,,ould come under this study. Aldermon Meyer suggested that there are people in planning who contend that the most logical place to find certain kills of economic growth is at the airport. If we go ahead and do a study, not taking into consideration some of these factors, then maybe our study isn't being directed realistically for even our own position. Alderman Boothroyd wondered if anyone has gone to any other governmental body to ask for money for this study. The answer wculd be a definite no. Mayor Conley stated that we should bn working tGward trying to improve and develop the City. Alderman Hamlin stated that we would have a much stronger hand if we were to work with and for the Greater !Lhaca area. In o0er areas they worked on cooperative deals where any industry or any business brought in as a result of an area-wide effort benefits all Jurisdictions wiLhin that area. Director of Planning Van Curt stated that he fuels if we are going to try to do industrial development within the City of Ithaca we need- more L.,afonnit.-tion about the sites, the big employers, and other basic information which the City does not now have. The County agency is working only on big employers. They will not consider an issue snalicr than one wKiion dollars. We are talking about a different scaLe, something which they are not interested in. it was agreed between the Council noTbers that aegionalism should be a goal. Although Mr. Van Cori: stressed that wo shoulA know uur own resources as well. Alderman Boothroyd asked what had biopened to tha studies Nhich we"':e done in ' 68. Mayor Conley stated thac we have a U2pnrtMenL of Plaiining and Devalopment in the City, if they are going to function they need to know the raw daLu of the community. Alderman Barber wondered why this study couldn' t be oone by the prevent staff alid 1.)L-irtners. 'vlhy do we need to hire arower cousultart. Director of Planning Van Cort ruled oat this possibility because there are many other projects being worked cn. Hore discussion followed, 4199LOTTOM TO TABU3 By Alderman Jones! 3acon0i by Mormon %tanharger R I i.SULUD,—aha.t the moLion on the fLuor be tabied w0h rhe raquost QnL mayor Conley ocigivate a meeting Zor a joint study zo look at town and Kry pnruLnipation. in a smdv which would show us our oppontunities for =Mmic developDant within tha IT NAYS , I - Boothroyd Carried Novembor 5, 190 Pt)` !JC HEARTNG RE: C01tTV17 DE97LOPVCNIVUPPAN RENQUAL PLAT 11 By Alderson .1 £_.,. ld seconded by Acr man Spano PEVIVED, That the Coroon Council directs the City Clerk to advertise for a public hearing on Ducerber 3, 190, no 7 :10 ;, m. in Council Cnawbers, 108 Green Street, Tthean, Neu loik, TegNrAiuy the pvopuscd Gopmunity Developmem/whun Fanewal 00a, such public hcNring ig roquirud U&Pr ArtiLle 15 Of the GunCrK AW"ACipal Law, to hu held prior to tba approvni of said Plan. Carriedt A___-__ Alderran jones : seconded by Aldermart cps:;_.. 0FIVAS, the bus ridership 1P the City has risen considerably, WHEFITS, the City' s past acceptance of groups of school ege children on P non- payint Wis hcs presewLed difficulties, NOW, !HCREFORE, EE IT REK&ED, 7hat Line 1,,ornmuniLty Transit System will accept pro-school Dr school stud-nt an a ticket basis only, these tickets to be purchosud, throa> the lyansit systoo. EESCL517ON TO QBLE : By Jones : seconded by Alderman Boronkay the ma ion on the illoor be tabled with the suggostion that mor(�_ discussioD sbauld Lake place with the School board before Council take actiof,. o l t it. Carrico Discussior folluued. FUNQ TO STUDY IMPACT OF OLYMPICS: By Aldcrman Jones: seconded by Cuenberger VESULVAD, That the Intergovernmental Committee ask the County PlFnning DnparLram to u0ce a covar letter to accorapany the application to Appalachian Region all Development Comoission stating that thcy are going to cooperate with the City mul would like to add their endorsement Lo our application requesting funds to stQ, the nqVaU of National Junioi7 Clyinpics in Itbaca, AYES: I]- f4AY S. 1 - BocLhroyd Carri& Mayor Conley ruparted that the application is all ready to go; it just needs COU001 anhorigation. 00i,•"7` SIO_N RVIOVATION O . 'S - SOUTH SIDE CENTER; Alderman icnes reported that Mr. EgDc.-- Q 1 A&AT it If E"11-I,11111 iy To ve.I o p men L Commission the renovation cosm jor rks Southside Center which ceme to approximarely $165,COO. On tbm basis, sfow',__ me univ put $100,000 in our application, how is Mr. SLapiro coming along Litt th,z ScunbsKe BoarO on the basis for joint or utilizing the City' s iacilitics. Attorney for the City Shapiro stated that he received a draft contract which incotporsted urny of the terms which were trIked about but there is one area that ne&s pyovisions and then it will be forwarded on to the Comounity Developmant: Comidttee for Yevicw and comments. As tho Attarne• for the City understanis it, the C. bas 0c aX.-ov.-I of the Southsidu Board but there is one other arn,,'' whinh novds Lo be worked out. AnNINTSTNATION C011UTTV-­' --- ------_--------- FEWLYENT APPOINTIFNT - C00L it. T!EaTCA: By Al6eymnn Dennis: secondeJ by VS=36. That Carol E. Tiurana be pernmnPuLly arpointed es an Account Clerk in Inv 0Ly 010ce at it Palary of $5,S93, effective JeWber 1, 1915. Caryl Novewber 5, 190 T•?f� F7 (i' :!'� '�lS.I.31 ': IO3 P,tti.,Coltl)A nv AjOe: wai O ,ail l_`_ . P�zanded by Aldurmau ,.jc'11c=s A. woc_Lv _ion h . s r atics_ d an evaluation ion t of t b l os ct i a of S o.Lor S tt_ncgrap I for Lh City t,,! K t ,lt tca It d ttr.R;_&S, A,ti::l( XIX Or L 1, cit,, of 1 t0ca ° 1,..S.H.A.. 53bor Agreement , sets forth t Uty co eValuaLt poaic iO ., ti OVI ,. 'C1n,P.Jt Of the C.S.E.A. .., .'_)t'�L.1 t_ta.Cl7t �SV �-17 ._ f `.Lhat this Cot.'iDn Council approvns as evaluation of ',.Ilo position of Senior S°eno grc`phc r in die City ty 5) !hat: ACdcrr.aa John Gutenbf'_rgEr ba and he is Dearly designated as the Col??iT!on CCtai-:Cii i,2q)C0S0nt lC .:VZ for LhLE' review. Car rl ed TR .i,S+ ": 0-2 ACCt'IiN TS : By Aldcrn;an Pennis: aOCO .df_'1 by 1Li C'C.C;Ii 1R Sp no RESOLVED,SOLVE Una,- $-.._ 9 1, �s rre :".�_,: �.�„_.13, T'. �_ �lU,)t�C.• be transferred d from 11990 Waner Contingency to E8330 Water `treament Plant Account #315 TreaLunnt Supplics $15,000 and :,_.couw )#316 Laboratory Sup lias Q1,900- Discussion was held on the Cou-t c-i.l floor R S(iLUTE M TO 1&13[.T By Alderman 't roar. seconded b- Alderman Loothroyd floor?UI v�`.1 That tale. Iiiol: on on the floor be tabled. AYES . 10 NAYS: 1 Cutenberger, Jones Carried BOITO: By Alderman LIeTul i.s: seconded by Alderman Jones K vl,, D, That the City Controller is here;;y authorized and dire.'_ted to imn,?diaf-ely .cad the C _f_'2n Street HOP,P, the Ithaca C rr-,.,l)nS and i.Cl°_- Deparment of Public Works _ ii.nteaanca Facility in a single Public: Improvement Bond for a period not to exceed %0 years. Carried Alde2inan 1:1-m-lin asked whether we can i.SSt.e a bond on a district that hasn' t been tormej yet or do ; e have tJ va.it tii?.U! the district_ is formed. Attorney for abe City Shapiro sraced that the tai: i)vneiit district is something, chat °i_l?_ b- coming into existence t so .. future dare. As we know, we can bona it without the actual formation of the tax b a fi_ . district, Mayor Conley stated the whole th_ing, was set up because the banding we have we pay 1/20 _ ti year plus 1? G_ `Es t :0 payments start 1, g A and JCc oiC _ P3li _I toward tie was F.�:t:? 1):tt _C:!�:r t:_lc _.�_:� bt�nei"t dlstr.!..^C what we .+lu!1::^.(1 t:0 (::�tul)1:1.S.r1 .0 3 l:'VC'L payment. The City wouLd be is pkin g up the difference In the front year: and the back \c- rs tha City wou3d b . cc=iving the money bdck. We wanted to e3tabli.sh a level E ,,,rant each j%,^_di for the tan beAc'.Eit district. 11 tl , fact tict the c r U3 :tr1 C isn't ,OL: c f would this. interfere with the bonj prccess- t:,_Uirni=`y _.or the amity Sh i o responded th t the district being formed or nc _ will not have anything to do with being Ikon"ad. LtJnling is going ng to depend on the City' s crcdit, basically. tit URVEN STREIT Pt.'�i4 1t. ,:1 R By L,l_dc_. mun Dennis: seconded i ldehern cra Jl,ilo.o mndn on the Green Street tamp _L) closing of _h.a opening nil 'c'1.m commons si to of 411'.-. ,' p an the cocL of $1,250 and ?} protection C:_ the draic enders at t Fes• coat of 1,951 U:-, by, Co,,7:1_on. Chow-ic11. Afsvuss0a Mlowed on the Council fluor. l.., r� !_..�7 -, `•�' .'t- ll�!`E.:i�,'>G C.[),, Council concerning L:, ns,!nz l _�. �l_,C:i.t._z_F'., C.3. �_T ``:.1.1.1 t_ft' _, ii , !_i_.. ._ wowe. .,. -a. t c n— pore ems va it E. _..in,atln'.__ defo e 4ti'_.. inib 3 compLevej, ,rx,- jUnr Csr%n4- t`iC -,.: i.cla[, no will be 3bOLtt: .�)hJ C}l,- t ,,.. 4..yLL}l CU`;is or the t)�ojast. A vovo as taboo on thn motion which rusulLod as 1.U UtSM : Carried November 5, 1975 By Aidnrpnn Dennis: saconded by Alderman Slattery PIE'SOLVIE,Y), Ti-tot the bills audited and rpprovad by We Budget and Adminis trot!o;-, Comwitton in the total amount of 125,544. 67 as lisLed on A"dit Abstract #11-127-5 be approved for paymQnt. Alderman 1knols rpported that wy have W sEre Problem of sorw bills h"vinj tW? wrong de es aid vouchers and Purr so ordars halo revarsed, etc. H, Wans to mnhe a reconLenition t the Kranre nopqLtee Lhaj wc nunio send out I_attcr, no 1-1 vendors relling thcm that wu wiIi n3 pay bAils that are pat O,t by i,, without proper procedurns being followed, 7ho Depaltmcat heads will be respnnsjb ... � for the money. Ws would bpcore effective 1/1/76, if a dapartment head or has Lo pay just once our re, olutioa will be Laheu seriously. Alderron Bonilla rnporLed that he talked with Agacs Nash, local Goverumcut Division of Audit and Control. She advised him that this has not We going on very Wng, this proc• d"re is new t0 1L11z,C.a 2nd we did Piways "sed to ennumhcr. AuLborizatioii should he Vven to the Cootrolinr to audit. •ayox Conley Ytperted th he has requasted the City Contrulicl to audit Cirl Duparamrr',f-s. 'I"he 11layo1 has also asked his department to affectuate ce"tiallsecl, purchasing with eNisting personnel The City Connoller is in the process K' this out w0h existing personnel. Centraliiud Purchnsiiq should alionnn- prablans of vouwhers, etc. A vote was taken un Lhe motiou wbiclh resulLed as foll6ws . ZZ Carried By Alderman Hoalin : seconded by Alderman Boronkay RE50"VED, !hat pnrsuant to Section 3.8 , subdivision 33 of the City Charter, this COMM delegate Lhe authority to audit all claims made against the City to t ' City flonnaller, CarrIK, DiscraWon fol3ownd an the floor. IWART HTNTIN0 , Alderman Dennis reported that budget meetings are scheduled W-C from 7 :30 to 10:00 p.m. RIVTSED TOO CCU:TI'Y MiWAL AID PLAN : By Alderman Slattery: seconded by RESOLUTION EY TDE MUNICIPWIN OR FIRE DISTRICT BP_,] f ':,AViN,,C JTj1'iS1_',ICTIOY, C) FP 1LE FW 0WAIT OR THE FiRE DEPARIMENT Tha+:: thus Comann Council c­,courages the participation by the City o,;F' itn-ca in the Cozakins County Fire Mutual Aid Plaa as now in force and as nneadca FrON Linn to tW2 and celtifies to the Tompkins County Board of Representativw, thy J its C010ty fire Couccina= Lhat the only restriction against "outsjd,-� aervirp" by such fire duearmcpt witkin Lbe meaning of Section 209 of the Gap,ra .. Au1iui2al low is contained ir the aLtached copy of Section 55.4 of the Ithaca Code. ,k.rA be it- further resolved that a copy of this resolution be filed with the F ire CooyC _natc)r. CarrieJ L° Aidermna Slatterl: seconded by Alderman Barber 0SOLVED, TKOL Wmuoa Council rKcr to the BudgeL and AVInistration Commituee Wr a"Proval Chn city share of Lhe cost of $1, 100 to be used for a ronnmEnt to uilt io DeWin I'Lik Lo honor Pat voternas from the Vietnam and Norean Wars. Wnrwnn K._..t roporeed rhar the Vcteranm of .; rrigr Wars have come up WK w.; reapV0410 010D for a parunnn La VW built in Dmtt 2nyh to incinde Lke Gsnnll-� Cr "Vef0n� 000 LAC• .01-Yn W tV 'VLOCaPS cn OnQ gin c Ponumanu. lot conaty 'ncau! to QQ 0 13,009 of thn rnprWnatc total cost of $4,500 of this nonan-or. vOre ors taken on Lbe motion whlch r"5ultwd as follows : GovcKer 5, 10 0", WM C UM I?A'11'1" Alderman hoothroyd rejuested that the Superintendent of Public QV IV 61- AT 11o.,-,nu Director give a rcyort oa what is the status of the Fall Crook Fa M. VVIT MACA ST%FKT BRUCE; Alderman Dennis a3kR7 whaL wns happeninj with the. ilacuman Barber MOW that thoy are putting a walk on it. $20.000 F3PM ITHACA UOU SIN G: Alderman Hamlin stated that $20,000 income is in lie• of taxes, Mis money should be apportioned Lo the SOO& DISOUCL, County and the City. Mis is not being done. At any time ohe School DistrtcL and the CounLy can dcuand their money and got ir. 1WTor Conley stated that Tthaca Housing praparcs a check in the amount that the City is entitled. AtUerran Hamlin stated that the City serves as a trust officer and it is the duty of thn city to distribuiLe the apgonAon jus to each jurisdiction within the City. Controller Daley commeatel that ho will choch into this. SALES TAX: Alderman handin asked if we couid have a meeting of lth.a C(D-mmon Council 14-51-s-c-u-si the Sales Tax issue. There are ideas that we should be pursuing and accion3 that we should be pbanaing on. Thyor Conley commented that he called Many and talked with the Deputy Commissioner of Taxation who is in ebaign of the Sales Tax Audit in these ell (l E_) communities. They have taken a two-phaso survey. The Khaca survey (PhaseQ on l)cation, iden:ifying the locaUan of businnspes Mw were inside and the orn3 who ware onside L City. The secund phase in to go throuSh thona businesses to Mud out if there is any discrepancies in tha zeporting. They are in ti n widdle of that process now. Moa t at process Ls over they Sr'_ going to give us an of lilo:v many businesses are on tha outside but reporting as on the inside :'.: d visa versa. Ti-,cri they are going to take it ro some level and establish a policy decision whether or not they are going to conduct an audit. Khe sccond thing they have to do is go through those businesses to find out if Mere ore aay discrepancies in the reporting, ff-!Oy be (.-.hoclking Corporate hcad- q%arter3 located outside of New YO& MOO, he auditors have to yhy6ically go theta and do those audits ia their location. When that is complewd zhen thcy will put that information together with the Wormation they already have. Tho FaVi •ation that My would have would be relatiioly accurate wM the "vaeption of ''enders who m,'-ght report so many sales in Tompkins County or so pony sales within On lity. They h'e'y have to audit each and every one of them to esrablich wheLhar or not they have broken down their sales as to how rany outside and how many inside and go throuSh that process. They assured us thalt t.-iey jve us any resuins of any audii, -it wo1-1d, ba o ceKtified auditj it would he as accuraLc as possibin, Mere is a sicuapion of a policy decision to be made oa how th, are going to deal with it once they hind out what the probiem is. At this point they din' t know the mangitude of the problem. When they du that then they also, by Suotutc, tho GoaLroller and the Comoibsicoer of Taxatton can make a decision of a payback of obat is fair and teasonable anj way have agreed that thi'Y wol.lirj V-7oc1z' vilta tl.c 4taynr;3 of the Citios involved to sea Lf they could set up a reasonable payback. Also V''.e queation was that if the magniwde was high they might in some way innediately K,� abin to compensate the grinved comnanity wad emablish a slower payback for the-, PEOPle who have had the buaafit of those. AlderDnn Hamlin sugEesced that tihe 0ouncil sit down w0h GontrKlar Daley and othars v invosLigate Mar approaches to this p •cMcm; find out what other citius are doing. Mayor Malay asked if the newly creaLed inLcr-govzzwnzntal a,acy ac r County love! could study this pronlem. i's; "5siou followed on OR door. -15- November 5, 1975 By A1d1.-ia-n BamhroyO : seconded by Alder ',.)" Guterbarger RESOLVED, That this muer of Sale- 14yes W rojerred to the Budget and Aaminiscration Conmduee for fuYthor study and/cr alternative>. Car r 1 o,. LIT,11'11.111 T!VE COM & CENTRAJdZED PUACRUMV: Alder Ean Jones asked what M, happca& to Ke Administrative Gadc since My 31, 1975, and where arc the pyovision:-' Iii tho code WAS ow dia noL Me care of hl z< kind of decision is the Cauno-n Council going to VIM in te.rfn' C-4'- the Wntralizod Purchasing procedure R, going to be sm up. Yayor Conley stated that the Cantralizaa PuMnsing part can be hendled during We Badget process and establish sonathing by makjug provisions in the BuJgct. Otis can be done by in-houaiparsonnel, by PaUng aQustunnts. Mayor Conley a3so stated that in rnierencc to the Administrative Code, he was nct, aware that there was a soction that had not been included in the document %-,Th-Lc'n was adopted. if 'thane is it is just a matter of bringirg a proposM b0oie SO Council or reUrring Lhe situation to thu appropriate Committee of Council to INC bring in the pvoposal, Discussion followed on the floor. LM On a iiiotion the m2eting was adjourned at 11:14 p,ir- 7 C! Ky CIO 11'� iward i.eC E d w a r d Usepa a, -nlcy i%'O,\i4,j0N COU"" 1 L PROCEEDINGS s City of Ithaca, New York Special Meeting 7 : 30 F.M. November 19 , 1975 r PRESENT: Mayor - Conley Aldermen (12) - Barber, Boothroyd, Boronkay , Dennis , Gutenberger, Hamlin, Jones , Meyer, Nichols , Saccucci , Slattery, Spano f OTHERS PRESENT: G&ntroller - Daley Supt . of Public Works - Dingman Attorney for the City - Shapiro City Clerk - Rundle Chamberlain - Wright City Historian - D. Boardman Lee Planning Director - Van Cort SPECIAL ORDER OF BUSINESS Showing of Movie "This Is The Good Life" By Alderman Hamlin : secon ec y Al erman Spano RESOLVED, That Common Council approves the inclusion of $500 . in the 1976 Budget to purchase film entitled "This Is The Good Life ." Carried Southside Center :arc itect Mr. Tony Egner presented the project development stage to date _on the Southside Center. Mr. Delridge Hunter, President of the South Side Board, informed Council of the position of the South Side on this project. Mr. Merrill Shipherd informed Council concerning the new Citizens Commit- tee being organized. By Alderman Slattery : seconded by Alderman Saccucci WHEREAS, the Community Development Commission has reviewed preliminary drawings and cost estimates for the Southside Community Center renova- tion project and WHEREAS , the completion of this project represents an important element of the Citizen' s Community Development effort, NOW, THEREFORE , BE IT RESOLVED, that the Community Development Commission commits itself and recommends that the Common Council and the Ithaca. Community commit themselves to the completion of this project through. an overall community effort . Mayor Conley asked Council , and the whole Community, to join togethl—F to raise the necessary funds for this Southside Center project and .-, our complete rehabilitation project in the South and the North side . This is not binding to Council , it is only asking for a commitment to pro(.?ed. Discussion followed. A vote was taken on the motion which resulted as follows : Carried Rothschild ' s Plaza (Triangle) Mayor Conley explained the Rothschild Plaza bidding. What we actually did was put two projects out to bid at the same time and received ae price bid for it . A portion of that bid was the Rothschild Triangle that will be charged against the Ma.11 , we have the funds in the Mall account to do that portion of the project . The other part of the bid is the granite curb , the sidewalk and the retaining wall which Mr. Egner iJ.11 explain and the money for that project was in a 1976 capital project for the turn-around on Aur^ra St. .. we have to have the acceptance of that project. There won't be any encumbrances against those funds this year . Mr. Tony Egner, architect, made a presentation to council giving the background on the Rothschild Plaza project . Mayor Conley commented that the Board of Public Works authorized him to accept the bid of $31 , 000 subject to Council ' s accepting the capital project funding. 2 - November 19 , 1975 Discussion followed on the Council floor. By Alderman Dennis : seconded by Alderman Spano RESOLVED, That this Common Council create a 1976 capital project to be called the South Aurora Street project in an amount not to exceed $25 , 000. Ayes - 8 Nays - 3 (Barber, Hamlin, Jones) Absent - Alderman Nichols Carried C' S. P. C.A. Contract j By Alderman Dennis : seconded by Alderman Slattery F RESOLVED, That the mayor and City Clerk be authorized to direct and execute a contract with the Tompkins County S.P. C.A. for services for the period from January 1 , 1976 to December 31 , 1976 in an amount not ¢ to exceed $17, 173. AIderman Dennis commented that we have three options . We can approve this ; we can go into business for ourselves , or we can ask how much 24 V^ dour service for the kind of protection that most people are talking about, would cost us . We are operating now on an 8 hour a day deal ::rom the S. P. C.A. and many people are concerned about the kind of �-ervice we get for the kind of money we are paying . Alderman Boronkay asked what the contract was for this year. Alderman Dennis explained that it was $14 , 033 for this year ; $11 , 000 a , Year ago - for the same services and same number of hours per week. This service includes 8 hours per day, 5 days a week, with emergency ' .-ervice on weekends . We have been varying the hours during the week 0 cover some night patrol. ayor Conley stated that the contract we now have with the S. P. C.A. is ;a act as our Dag Warden. ;derman Gutenberger asked if we didn ' t have a contract with the S. P. C.A. tat would we lose . Lyor Conley commented that the S .P. C.A. , being a humane society would Ike care of any injured dogs and that type of thing - its just a dues- 4. °.on of what it would do to their staff and how they would be able to ive coverage , if they didn ' t have governmental contracts . The increase a the cost of the contract would go towards salaries and cost of gas , tc. lderman Saccucci commented that there are many stray dogs wandering he city. He wondered if the S . P. C.A. could stagger their schedule so s to have service between 7 : 00 and 9 :00 P.M. , particularly in the �Jmmer months . ' derman Nichols arrived at the meeting at 10 :00 P.M. 'derman Boothroyd , as Treasurer of the S . P.C.A. and a Board member for years with a bit of experience with the overall problems that are °ing discussed., stated that we could hire three men for 24 hours a day Werage and we still would have stray dogs . People are stirred up )UL dogs - they are either for them or against them. There is another ,, nization in town that is anti-S. P. C.A. which should be considered this decision. The S . P. C.A. is trying very hard to do a good job . u money which we allocate to them is a drop in the bucket compared to they would like or could use. rorney Henry Theisen, speaking for the S. P. C.A. , agreed that Alderman Ltiucci ' s recommendation was very good and welcome one but *-here is a vision in the contract which stated that there should be a joint com- i:tee of a Board of Reps member, Common. Council member and S . P. C.A. to cuss problems , etc. , which never has bean activated. 3 - November 19 , 1975 Mayor Conley commented that having a committee such as this is an ex- cellent suggestion to keep communications open. -He agreed to have an appointment for this committee ready by the first of the year. It was agreed that the S. P. C.A. would have a report prepared on a 6 month basis to be given to the appointee from Council . A vote was taken on the Resolution which resulted as follows : Carried Recess Council recessed at 10 : 15 P.M. Reconvened at 10 : 25 P.M. CHARTER & ORDINANCE CO,NIIMITTEE Cornell Walk Petition Alderman Nichols reported that Mr. William Barrett and Mr. Stuart Stein visited the Charter & Ordinance meeting this week. They brought to the members ' attention an apparent error in the zoning map that was passed ,.._ { with the zonin; law. As a result of the error it appears that a certain lot at the end of Cornell Walk is incorrectly zoned and there is that possibility that it may be used in a way that would be contrary to the. zoning ordinance. Due to the fact that the December meeting is so close we do not have time to advertise for public hearing at the December meer't- ing, but we are calling this to Council ' s attention with the idea that after the December 3rd meetin g the Charter & Ordinance Committee will present a Resolution asking for a public hearing to be held at the second Council meeting in December. By Alderman Nichols : seconded by Alderman Jones WHEREAS , a discrepancy in the Official Zoning Map of the City of Ithaca has been called to the attention of the Charter and Ordinance Committe- and WHEREAS , a possible building lot in the Cornell Walk subdivision was � - created by the unauthorized subdivision of an existing lot with frontage on East State Street and access from Cornell Walk, and WHEREAS, Section 31 . 5 of the City of Ithaca Municipal Code ("Compliance with Chapter before offering property for sale") states that "Whenever any land is proposed to be subdivided and before any sale of property in such subdivision or an offer to sell the same or any part thereof as sub- divided property, the owner or his agent shall apply in writing to the Planning Board for approval of such subdivision, conforming to tlx: pro- visions of Article II and Article III , . . . " and WHEREAS , the building lot under discussion is contiguous to the Cornell Walk Subdivision , which is presently zoned R-1 and to a lot at 1010 East State Street, of which it was originally a part and which is presently zoned R-2 , and WHEREAS, it is the intention of the Charter and Ordinance Committee to propose setting a date for the required public hearing and subsequent vote by the Common Council during the month of December 1975 on an amendment to correct the Official Zoning Map, NOW THEREFORE BE IT RESOLVED, that the Common Council does hereby requ� the City of Ithaca Board of Planning and Development to consider the zoning status of the building lot that has been created at the rear pol tion of 1010 East State Street and to make a recommendation to the Comm,-,, Council as required by the Zoning Law at the regular November meeting of the Planning Board, and k BE IT FURTHER RESOLVED, that pending clarification of the zoning status and such other planning considerations as storm drainage , traffic, and iand use , no building permit shall be granted to allow construction on the subdivided lot . Alderman Hamlin stated that an official planning map should be made that would define the zoning lines more closely. Disc-Ussion followed on the Council floor. A vote was taken on the motion which TP¢rnl +, .,4 „ c„� . 4 - November 19 , 1975 BUDGET & ADMINISTRATION Mr. Richard T. Longcor , accountant By Alderman Dennis : seconded y Alderman Boothroyd WHEREAS, The T V Cable Commission of the City of Ithaca, New York, re- quired some preliminary accounting work, and WHEREAS , it was necessary to hire someone prior to a formal. agreement with an Accountant , NOW, THEREFORE, BE IT RESOLVED, That this Common Council authorizes and directs the City Controller to pay Mr. Richard T. Loncor for two (2) hours accounting work at $5 . 00 per hour. Carried Dog Permi_ts on the Commons Mayor Conley advised t e Council that the Commons Advisory Board made a recommendation on dog permits . The situation was that there has been some confusion in Council ' s interpretation. The Commons Advisory Board :Made a' recommendation which states that for any dog who existed on the Mall prior to the Mall construction, there would be a permit issued for that dog to be walked on the Commons . Their recommendation states that :-he permit is on that particular dog which means that after a period of time there would be no more permits issued. Alderman Meyer stated that anyone living on the Commons or someone who tad a seeing eye dog may be given a permit for the dog. This is a real <_•.oncern because we are trying to accommodate people with seeing eye ogs . We are also trying to compromise between blind people who live n the Commons area and the frustrations the rest of us have with all of I e conditions that dogs produce. ty Alderman Meyer: seconded by Alderman Hamlin ESOLVED, That Common Council approve the Commons Advisory Board ecommendation that dog permits be issued to anyone who lives on the ommons . iscussion followed on the Council floor. vote was taken on the motion which resulted as follows : Carried %foratorium on Purchases :'y Alderman Dennis : seconded by Alderman Spano :ESOLVED, That this Common Council decrees an immediate moratorium on ;.11 purchases of the City of Ithaca. All purchase orders shall be object to the approval of the City Controller. Any department aggrieved �y the Controller' s ruling may appeal to the Budget and Administration ommittee of Common Council and E IT FURTHER RESOLVED, That any department making purchases without a it.y Purchase Order will be personally responsible for said cost . Carried 1derman Dennis gave a brief explanation as to why this Resolution was afore Council. . Alderman Dennis co3rnnented that we are planning to imple-- nt centralized purchasing by January 1 , 1.975 and are hoping that we ould begin to do some of this now in order to get a head start. By pp-roving this moratorium, the centralized purchasing can be ready to go t the first . - 5 - `dovc-mber 19 , 1975 Sales Tax. Mayor Conley reported that the sales tax audit was essentially complete and the figure is in the neighborhood of $140 , 000 . in misreporting from this past quarter all the way back to 1969 when we went into pre-empt?-on. There is further investigation to be done , city businesses that have corporate headquarters outside the state and vendors who vend. in Tompkins County . Ithaca is the only city in the area who pre-empts sales taxes , therefore most of the vendors with headquarters outside of Tompkins County report sales taxes to the County . Any mistake within the vendors would be in the city' s favor. The audit will come -to us in the form of a detailed audit by the Sales Tax Commission. That audit will indicate tiwhat they did and who they checked. Mr. John Murphy , County Administra- tor, gave them a list of 60 - 70 vendors and businesses that he wanted to have audited. The Tax Commission hasn' t given us any idea of what to do in the way of a pay-back as yet. They are going to attempt to draw up a general policy of how it will be handled. They will. try to develop a reasonable way for the money to be paid back. The Mayor is hoping that the state will produce a foriTiula in such a way so that the state will reimburse those municipalities who did not receive the funds but were supposed to get them, and still set up a pay-back which we can live with. ` Discussion followed on the Council floor. By Alderman Jones : seconded by Alderman Slattery - RESOLVED, That the Council refer the sales tax issue to the Inter-Govern- mental Relations Committee for alternatives , etc . in handling sales tax problems . Carried ?uLAYnP.' S APPOI14TMENTS Youth Bureau By Alderman Slattery: seconded by Alderman Boronkay - RESOLVED, That Council approve the appointment of two new board members by the Mayor, to the Youth Bureau Board as follows : 1 . Bruce Wilkins , 106 Elmwood Avenue to fill the unexpiree term ending in 1977 . 2 . Jeffrey Bishop , 614 N. Cayuga Street to fill the unexpired term ending in 1976 . Carried Alderman Boronkay asked the status of the three traffic lights : one at the corner of Geneva €; Green ; one at Geneva. f Buffalo ; one at Geneva. & Seneca. I` ayor Conley reported that the light on Geneva & Buffalo can be haii:I.l ed by the City - the other t. o are on the State highway , so we need sion from the state to erect traffic lights . Mayor Conley coinmerited hat he will maize this request to the state . Discussion followed on the Council door. I Ors. a motion the meeting was adjourned at 11 :02 P.M. J 0"A A. Rundle , City Ci.erk Ed:wa.rd J. Conley , Mayor ,/� COMMON COUNCIL. PROCEEDINGS City of Ithaca , New York Regular Meeting 7 :39 P.M. December 3 , 1975 PRESENT : Mayor Conley Alderman (12) - Barber, Boothroyd, Boronkay , Dennis , Gutenberger, Hamlin, Jones , Meyer , Nichols , Saccucci. , Slattery , Spano OTHERS PRESENT : Controller - Daley Fire Chief - Weaver Attorney for the City - Shapiro Police Chief - Herson Planning Director - Van Cort Supt. of Public Works - Dingman Assistant: Cantr. olier - Spano City Clerk - Rundle Building Commissioner - Jones PLEDGE OF LLEGIA.NCE Alternate Acting Mayor Slattery led all present in the Pledge of Allegiance to the American Flag . HOMENT OF SILENCE - FRANK THORPE A moment of silence in memory of Frank Thorpe was observed by the members of Council . Mr. Thorpe was a public spirited citizen and a member of No . 9 ' s Fire Station for many years . MINUTES By Alderman Hamlin : seconded by Alderman Dennis . RESOLVED : That the Minutes of the November 5 , 1975 and November 19 , 1975 meetings be approved as recorded by the City Clerk. Carried SPECIAL ORDER OF BUSINESS >ublic Haring - Urban Renewal Plan colutl_oI� to Jpen "ubll_c LLearIn! !T Alder ma Jcnis : seconded by Alderman Hamlin _,.ESOLVED, That the Public Hearing on tho QmDunity Development/ Jrban Renewal Plan be opened. Carried No one appeared at the Public Hearing. Resolution Aoliucteti on to Close Public Hearin } r „ Iran Ham 4n : seconded Alderman Jones, RESOLVED, That the Public Hearing he closed. Carried Resolution - Urban Renewal Plan By Alderman •zones: seconJe,d by Alderman Hamlin WHEREAS , in order to utilize the Ithaca Urban Renewal Agency to ur6cr- take Community Development activities it is necessary to pre- pare a now urban renewal plan known as the Community Df.velor- me:nt/Urban Renewal Plan, and t`eKE EAS, this Common Council has made appropriate preliminary findings , his caused the Plan to be prepared, and has held a public hoaxing , =REFOPE , BE IT RESOLVED, That this Common Council approves the Com- munity Development/Urban Renewal Plan with the modification recommended by the Board of Planning and Development , anc? PURTHERIPan, ICE IT RESOLVED, That this Common Council makes the fol- lowing findings : 1 j The area designated is in danger of becoming a substandard or unsanitary area and tends to arrest or impair the o"nc growth and development of the City of Ithaca. 2) The financial aid to be provided through Lederal Community Development or other available Wding is necessary to enahle the project to be I.IIidcrtokon in accordance 00 the Plan . 2 - December 3 , 1975 3) The Plan affords maximum cppo rtunity t(') private enter- p consist.a.nt wifli the sound deeds of the munici- pal Fx as a whole , for the undertaking of an urban renewal program. 4) The Plan conforms to the General Plan for the develop- rient of the municipality as a whole. 5) Although no relocation is presently contemplated, t.iere is adequate provision within the City for any minor relocation that may become necessary. FURTHERMORE , BE IT RESOLVED, That this Common Council finds that the carrying out of the urban renewal activities in steps as fund- ing becomes available is in the best public interest and will not cause any additional or increased hardship to the resi- dents of the area. Carried Unanimously Alderman Jones displayed a map which designates the Urban Renewal area to the Council members and to those people in the audience. Mayor Conley arrived at the meeting at 7 :45 P.M. Persons addressing Council Stephen Shauger , 423 Mitchell Street. , I_t_haca Mr. Stephen Shauger. , representative of the City of Ithaca Environmental Commission addressed Council concerning the use of road salt in the City of Ithaca. Resolution - Use of Road Salt -,IHEREAS , The use of salt to de- icy: roadways is a contributing factor in the corrosion of vehicles , estimated at $6 mi.11io:a per ye"r damage to private automobiles . ' 7'REAS, The level of salt in streams , rivers , and lakes has beera. ri.s ing in recent years and in many public water suI)plies the level. has increased above that permissible for low•-sodium diets: ., it has also increased beyond the 2S0 parts per million allowable for normal diets . 11,R:FAS, Saling roads does not ,--appear to be significantly cheaper than other methods of ice aild snow removal , 1,'d.1HE1f,_'AS, Salt can cause some damage to roadways and bridges , WHEREAS, The levels of salt in the soil and near roadways are sufl l i.-ic:ntly high to damage vegetation, especially trees such as maple hem- locks , elms and pines , IdC)rV, THEREFORE , BE IT RLSOLt1ED, That the Ervi_ronmeatal Commission , ty of Ithaca, recommends to Common Council that they re-eva l, ,ite the use of salt as a means of winter street maintenance , Discussion followed on ;.tie Council floor. By Alderman IMeyer : seconded by Alderman Nichols . i:F, 'D, That the matter of use of road salt on city streets be ,J,c, rr(, tr, the Planning and Development ComraiF.teo of Council for furt'tae-r sL ..,;,. . anct recommendation. .^,y s -- (10) ^r (1) - Alderman Boo throyd A :stain (1) - Alde--eizaa Boroakay Carried .'TTORiNEY FOR THE CITY REPORT Attorney for the Ci tv Shapiro reported on the early entry agreement t:ween the City of Ithaca and Caldivel. Development Corporation, as retards the, Greer? Street Ramp . It is currently under ope-ration under the d3.1_'t1c- tion and control of tyre Boars! of Public Works . - 3 - December 3 , 1975 Attorney for the City Shapiro also reported concerning the article in the Ithaca Journal which states that the maximum cost of the Green Street Ramp is $40 , 000 higher then it. should be and this is not the case. The maximum upset price on the documents plus any cha.n ,C­ order-, which we might have ordered - possibly $17 ,000 worth plus the 'fees whcch we already agreed in the docuunents to pay U. D. C. , which are $50 , 000 plus 2% , even including these change-,orders and fees , the-re still might: be a savings . It has not been determined as yet . C^u uNICATIONS FROM THE MAYOR Mayor Conley asked the Community to recogn _ze the efforts of the CDXP (Commions Design Advisory Team) Committee , which is chaired by Alci ,r_ man Meyer. This Committee has beer. 7%,orking toward improving the appearance of the buildings on the Commons and they have succe=eded in many ways , one of which is the -removal of several large signs from the front of various stores . The Committee is to be commended. Ithaca Housing Authority Alderman Hamlin questioned City Controller Daley whether or not the money given to us in trust from the Ithaca Housing Authority - does it have to be distributed. Controller Daley advised that we haven ' t received any recently. A total. of $6, 000 . has been received in the many years that they have been in operation. The money, when received, will be pre- rated with the various ether tax jurisdictions . Alderman ;Meyer. commented that a. Mousing meeting is being held arid; if Council 1,, ould like , she would be willing to take a resolution or state- mexit from Council concerning this matter. Discussion followed on the Council floor. DD:ITIO�?S OR D'?i-ETIONS TO THE AGENDA_ 1?l:a.�,,_ing, _a�I;e^ elol�r, :ntiCo!nmittee Alderman Jones requested Council to add to the agenda : 1 . National. Junior Olympics 2 . Industrial Levelopmerit No Council member objected. BU.d� et & Administration Committee Alderman -Dennis requested Council. to add to the agenda : 1 . Audit :% . Date _for Public Hearing on Budget No Coancil member objected. Alderman Dennis requested Council to delete (or postpone) the follo.,Jinllc i.t.cm from the agenda : 1 . Item d. - Senior Account Clerk appointment for the Youth Bureau - resolution. No Counc-i_l me-tuber objected. R1C IF SS Co,unci.l recessed at 8 : 00 P.M. Reconvened at 8 : 18 P.iNf. BI.IDGI;T 6_7\DML' vIST71ZAT?_OiIT C0`%I_%IITTEI Purchase Of ;ipi.ri_i D-uplicator $1 , 000 By Alderr,L n Dennis : secr tided by alderman Boothrnvd. A"lF}:.EAS , Tb.z Board of I ulslic 11or.ks requests permission from Com mon Council to speLd approximately $1 ,000 of current funds to replaCc the presen-�: spirit duplicaror in the Superi.ntendenr o.f. ! ubli: Wori: ' s office , P : T RESGVED, That Common Council. ar�°nd!Ow , 1'II.I I:F 'O1:I t .e 1075 equ.iiment List to i.ncludc; :z ,pii°it duplicator pxcv; ti 'c} that cost of said d;zpl. ic ator bo Fro.,,, current- funds , el l..a fled 4 D 0 c 1)c r 975, Di 11-, IS 3j_011 foll.o%,.,,e(I on the Coui)cil floor concern-in" whethcr or (lot all the other department requests that already have the mol-ley in -tile T I, _L 13u�-"oct are being treated equally . 14ate.rwaxs Study 137 Alderman. Dennis : seconded by Alderman Jones R 1 ESOLVED, That this Cor.-iion Council hereby creates a Waterways Stu',Ly capital proliect End BE IT FURTHER RESOLVED, That $10 , 000 be transferred from A1990 Con- Lingency Accou,it to SuId capital proje=ct . Carried Planning Director Van Cort explained that this study t%rill cover the waterways of the City in regard to their environmental developmenU;*1 esthetic potential . Dispatcher - Police Department By A'L derman Dennis : seconded by Alderman Boothroyd RESOLVED, That this Corilmon Council create the position of Dispatcher and authorize the Civil Service Commission to authorize a position of Dispatcher for the Ithaca Police Department , the salary for said position be established in the compensation plan as a range of $6 , 706 to $91- 920 . Cai,ried Centralized Puy clia.s i n g a r-11-ment B-.\, Alderman Dennis : seconded by AlderMan Gutenberg-or I . . sing system D. t%THIEREAS ) a study made of the City of Ithaca pUrCj-,,j. order to dotermine, its buying habits and control procedures , to identify problem arcas , to make recommle*ndations forim- provement , and ro evaluate the desirability ei' contralizec purchasing for the City, of Ithaca , and. I OL-i 1E, ?LAS , t1ho, Administrative Code for the City of 1-thaca, Nlew York includes among projects to be dealt with :In futu--re, legislation an official procedure for the procurement of goods and sir-. Vices paid for vvi-th City furids ," �IK0111i, THEREFORE , BE IT RT-,SOLVED, That the City of Ithaca e.xtend i _-, o,.vn consol-Idation efforts i y establishing a centralized chas ing 1)a, I- L t , headed by a purchasing aloOTIt with 11 authority to establish '!_mplcmenL detailed pui_­_,hasing procedures , and B -I.T FURT!i'ER R-ESOLVED, Thz3t- all purclhascs of an), ki- A of any a.m.ol..'1!t for ap, purpose for any J(y,partm.e-at of any officer or ot'Oe'r ciaployee of the City of Ithaca shai-1 be made by the PUrch:1 .31,ng Department and all dcpa-r-t-ii.onts , officers and c­llti loyees recuir- g C u i Fj , 11"'ent , mater-T a's and supplies for th- C.'J_ which L ie (10-y ' s liable, for pL)yi-,,,-1lt, thereof 1111"'st sallip on forms S1x)p_.,,J_-,Ct for Lha% -purpose and dh�-Iivor sai.d. req,,;isi.t.*k_oo. w the. Purchasing Department. Ally -oiirchase -,,tide Lho C_JLLy w"'JI not "Do liable thereiFor and person L - - I purctialsing Vh-e same does so foi- hifs, individi_-L.,.il account acct not tiiat oL,- r, he City, apct Q y':C iN!JRTHE[: M-1-SoIN1131), That ef 4'_­Ctive January 1 , 1Q75 -F) C Ll r as, s o the ( it-ly c; Ithaca sho 11. be iq_-de thrcu2,711ft the of the Carried ilhiic lleal,­Lng On Buduer qecondrd 1W AIJerman Spano this i-o,,Ilmon cali a -p,,�,,blic Tiearirg on the 1976 Tile`-t. 1 CiLy 15,udt,c7e 'u- 18 , 1.9115 at 7 : 3,0 P.M. in the Common Coulic-1.1 Chambe-s , Carried December 5 , 1975 Audit By Alderman Dennis : seconded by Aidernan Qattery RESOLVED , That all bills listed on audit wbsvract V12-1975 jM th,-- amount of $30 , 199 � 93, auditad by the City Controller he approved for payment . Carried AWOr Conley left the mooting at 8 : 37 P.M. Acting Mayor Gutembarger XvOidvd Ovol the balaboe of thu meeting . CHARTER & ORDINANCE COMMITTEE' Numborinn jacaj Law creating Community Development Commission Alderman Nichols reported that the firyt item is the Local Low 4 3 which was laid an the table at the November 5 , 1975 meeting of Council . The change that is suggested cannot be passed al this weeting because, the local law that we are passing is simply to number and Wart some previous legislation that was passed. Since this goes into thir, Charter it has to be inserted by a local law and Just 1-a-id on the table . This procedure is being followed upon the advice o' f the Attorney for the City . Cnangos cannot he maje in it until it has been inserted in its correct place . Aldermon Nichols further stated that she would like to remind Cuuncil Of the conteat of that law by reading it at this time . By Alderrya Nichols : seconded by Alderman Dennif--- RESOLVED , That proposed Local Law No. 3 of the year 1975 entitled A Local Law Numbering the Provisions of Local Law No. 3 of the Year 1975 and irsoming in the City Charter be and it is hereby introduced beforo COUncil of the City of ithaca , New York, aK BE IT FULTHBR RESOLVED, That copies of the aforesaid Local Law have been laid upon the desk of each member of the Coxmon Council by the City Clerk . Carried Local Law No, 3 of the Year 1975 City of Ithaca. A LOCAL LAW NUMFURTNG THE PROVISIONS OF LOCAL LAW NO. Z OF THE YEAR 197S AND INSERTING IN THE CI TV CHARTER BB 1T ENACTED by the Common Council of the City of Ithaca, New York as foliows : SECTION I. NUMBERING THE PROVISIONS OF LOCAL LAW NO. 3 01' THE YVAR 1975 , AND 1NURTINS IN THE CITY UARTER. Local Law No. 5 of the Year 1975 is hereby numbered and in- sortcd in tne ithaca City Charter as follows : SECTION 2 . 26 CO&KNITY DEVELOPMENT COMMISSION 1 . Legisiative Intent In Order to Plan avJ inilament officiently the oligible activities of the Housing a Camn-nity Devoiopmont Act of 1974 in the City of ithaca a coordinoted effort is necessary. Since theso activi - ties involve several city dcp2r1-ments , other agencies of local govern- rent , and other governmental bodies , a bigh degree of communnoation and C001diUatiOD are required. The general iWent of M Community Development Program is Abe %Xcvcment of the qonllty of liTc in ithaca thorugh such physical , .social , Myer activities as may be specifiud by the COW- missjuD Pnd approved by the Common Council . Theso acKvitics are gency- ally derived from Lhe in t he Gity , s Cc.... R,,,Q Program qfepnred it j972 . Turthermore , cificlopt distribution of W C0=00 DMOTOPment Foods , or any other EunOs pertaining to ccyjun�, devcjopmont , to othar bodjoA includia, , b,t ,t h, Ronrual Agency , sonyd of PUKKU warrs , or privalc groups , in rmiLrcd , Establishment of a pormyncni cnmwjssj ,n f. d Provide the mcUppiaw Qr implamenlition of thonc nails , L . hst ill ! ishmuLt nf the oomounily 6 - December 3P 1971S The Common Council of the City of Nhaca hereby creates a cowsission which shall be known as the City of ithica Communi. ty Develop- went Commi ssion (the "Commission") , said Commission to be in existence for a period of five years frox the dato this law is filed with the becretayy of State 3 . 50mbership The Commission shall consist of five (5) members , with the Mayor as Chairman. Four (4) other members are to he appointed by the Mayor , with the approval of Council by a two- thirds vote . Membeis can also be removed by a zwo- thirds vote A Council . Any resident of the City of Ithaca shall W eligible to be appOintOd a member Of thC Com- mission. 4 . Officers ) Meetings and Committees The Mayor shall be the Chairran of the Commission. All meet- ings of the Commission shall & recorded and the Commissica shall adopt rules and procedures for its meetings . it shall keep accurate records of its meetings and activities and shall file an annual report . S . Powers and duties of the Commission J-_ The powers and duties of the Commission shall be to 1 . Advise Common Council an matteps of community development , includ- ing but not limited to , those activities specified as eligible activi-- ties under the Housing and Community Development Act of 1974 . 2 . Prepare annually the City' s application for Cormunity DnvelopmeW Block Grants , and other groats pertinent to ccmmunity development , sub- ject to the approval of Common Council and the Mayor. 3. Recommend distribution K the ComnunLty Development funds within the bud gat as approved by Comman Council in the annual application. V� Commission will also recommend distribution of oLber lands as may be opproved by Common Council . 4 . Conduct such studies and surveys as may be deemed recessary to the carrying out of the Commission ' s function. S. Seek the cooperation of other governmental or private bodies and funding from other governmental and private sources as may be deemed. aeccssary to the Commission' s activities . 6 . Prepare and maintain Tepons , mops , publications , etc. , uccessary to copmupity development , 7 > Carry out such other duties as may be assigned from timo to time by Conmon Council . Kpons The Commission shall submit an annual report to the Common Council not later than the first day of April of each year, concarning the activities and work of the Commission and from time to time shall zubmit such reports and recommendations as may be rpqulred to fuifill Le purposes of this Chap tar, to conform with the City Charter. 7 . Budget The Commissioa Qalt submit Lu QwT"n Council a rrque= far fuuds including , but not limited to . tho Eunds spccified in Vhe City ' s annual Community Del:' lopmoot application , including al l aljorations for tho sorvices performed hy mpm& rs of oLher City departments . Compessution ai d Expenses The members of the Commission shall receive no compensation for their services buL way bc veimbursed for ronsonable and necessary. WOnses incurred in t pucfnimance of their duties within the appro- priations made aynilablo therefor. 7 - December 3 , 190 9 . Consmuction This chapter shaij be dwc,,d .. .....j ,, of h. ...... . the CRY of !Wca to Rndertake ccmmu ii?ity 60v01Wn,,,t improve the quality of life an behqjf Cl r the ,6 f,,J, Q;thereof, This WNW is not intcnded aNd stall not be deene(I tc "Pair the Powers of any ocher public SECTION 2 . ENACTMPNT This Local Law shall take effect immediately after filing K-- the Office of the Secretary of State and shall expire fivo (5) ynaj ,:, from the jute of said filing , uics ns extendod by resolurion of comw07-1 Council . At i-07'' Tor the City Shapiro explained what is happenjug y0j ,tj,, 1 ( this lc w. in june or July Common Council ,,,,d the Community Development Cowmissiun for the City of 1thaca, The locai law that was passed then had various PyOvisions which were pot numbarv--�- and there was no direction as to where to placc it in tb, Thu firm Q Municips ? "nsultants which takes care of our Chartar nork , otc , J•TCIre UpSot , su they sent a letter asking that we pass a lacal ipw nuT- U; Kling and inserting the local 1,, # 5 Lt UT UT Developmont Comwission so that it couji h into the Chnitar This local 1aW Lha t. is being passed tonight doesn ' t do anything excepL number the provisions that YOu have previously passed with yespnot to th, "mu"Y Devc%mcnt COmmission. The Agenda suggosted a chaugo to y,t we Passed in juie. That change cannot be acted upon tonight ; it has to be acted rpon by a locaj law amand!Dp tLe provisions of the local 1,,V that was passed which will he inseried in the Charter and that has a be laid upon the table 10 days , etc , , following the usual procedurc , Attornoy for the City Shapiro summarized : whm the Councii is doln,-, tOnight is passing a local law which qj,,1, ,,be,, ,d Q�, Prou"s"s Of the COMmuPitY Development Commission . inserting it into the Chuyt&r and theu the Attornay for the City will d,,ft , " " 's the 000swre K Council - amonding the provisions wito yenr.c� tc mumborship as Wo.cated on the Agenda which yCU couli have at your Dccember l8rh manting, if A vote was taken an the not inn which resulted as f0 joys : carri Q Chap,ge Item S of the Local Lpw JD - Aldeynan Nichols presented for Council ' s consideration a srall chay, , in the Lozal Law creating the Co)rounity Developmont Commission whicl, is under consideration. The new material is UDderlined below : 3. Memborship Tho Commission shall consist of five (5) members with the Mayor as Chairman . Four (4) other members , of whom onw-js va Le ..... . -S-0-04-1-Y- 9 Of the COmmOn Counyll, are to W a-p-p-oTW-Q---`oy no the lwo- thirds vote . 1D the caso CE UlocrQ officivin numb a rsh i VP comm Wica shall Any Tesiocut of the Cjty f h, L, 6e 01inible to be appointed mewbcr of the commission , Al "n"man "I" y0c"OOPUd that this chaDgo be rKerrod back to tl e Qarter aW •rdivanco Gonnivonc for i 1 ;'1).. study, It will thbn b- J , ' d on thn tablu r0thc7 Qan bc vutwd upon at the Dext courcjI moytjv, cuu j ! mWers rocarmaided tho GY1107 & Minsyce committeo givu con- sidoentioH to He lulioting ThO C01MUS&D CoqqjSy of 7 Mon th bo , S rnthe, th,, , S WSW , 2. A vhaiyman he pichod for thi5 Wyc r. 3. !his 0 75, APSK00 , That Mip"nca Nu . / S which amends ArKWO if Of ChaWr 1 -' rnkir ! nd "AnrtloAs InJ salps W _ Knuycho [d cands" of thu City A ithaa Nanicinal Cod o is Wacky inlr6j1'cod Move the Council OF tho City w-, BF 17 &HRTHHR P&ILVED, Thni copios U the aforosaid ordiaunce hive en Kid upon 00 dank nf pach "ember of thn CC1'I06Q Council by the City Clark . OKBITANCE NO. 10 . 29 6 ♦ ORDINANCE ANENDING ARTICLE 11 OF CHAPTER 16 ENT [TLED "AUCTWNS AND SALES OF WKWOLE GOODS" OF THK CITY OF ITHACA MUNICIPAL COK] P7 1T ORP0NG" AND UNACT2D by the Common Council Of the City of _List '1C. New York , P3 foilows : SECTION 1 . That Article IT of Chapter 16 entitled "Auctions and SaIcs of Houschold Goods" is hereby amcuded as follows : . That Subdivision W of S. 16 . 29 entitled "Conduct of Saics" be added a6 follows : "6 , Sell any gools or items subject to the provisious oF this Articlo Q an "as is" condition, unless thare shyK he postod in plain view of tho public during sala nuation or sa: o at least two signs Sr.a& ng Lhat such goods or J-Lems are sold "as is'' and no ropressmaWons as to Lhe character, qual - ity , condition , aie wado , and in which case no sucin fcprosentWous shall bo raVe by the auctioneir Or s0lyr K yucA pzoporty or his ayonts . '' 11-1 1 1P 02(. 1jun 0 . 0111 -: ovdinanwe qhaii take effect %wediacoly and o rdanco Q au c & law upon pubiloation of a notice as pro vidod S. 3. 11 (3) of the is CAty Charter , Local Kw swanjing 0=1un 5 . 1 of Cily CbarLor 6y Alaoymnr Mhols ! sncoadcl 6y Aldwrann Boronkay RESOLVED, That Locn! Lnn pmonding Snct ; oA 3 , 4 of rho Mara City Charter wo pulmir 9 given number OE cruncil mewhors to call rhe Council ;es, hun is her�by introduced 5&0ie tho Council of the City of Mu: ;I Now or? , and UP 17 FURT TTY R RASOLW , ThRt copics of tha Koresall local Low hava beel-I Wd you W QsR of each mumbar cf the Qnmon Counci� by the My Clerk. hi5cusnion vcok place qn the Council A "OK was upkan an Qe Uotion which roguired as follows : Ayes (10) 21 - (Of`npig , hutenburyar) Cay Kad r:DCAK LAW NO, OF THE YEAR i&-'� A 15aAh PK ANKWAG SOCTION 3 . 4 O r THE 1TAKA Q �Y WRTER Q f! INACTED , by tho QnNaz Courcil K W City of ithyca , Ncy York SW SKWAN 1 . Amrrlirn �Vction 1 . 1 V the ! Wca City chortor by addinc, a proviqlai-, A ncy paragraph is Lciphy FoWed to rne ond ol Section 3 . 4 of the Ithaca City Charter to road as KL. wwn : "WwUhstandinq M ycovi5k-un D2ruin above , iny five alder- men may call a SPPOWL yowting of thn comnon Council by twenty- four hour notice in wAr Ow sorv' A n. fnona or U '- MYj UP00 the Man Mn"knin � [ the 70"nor cooncil , 0 TenviDly, SOY 0011CU at cit5cy - 500 YLSnavllJim' 01 AnD rv. ,c WAHN Late s ' o- n! r WhOW VVY Awacccd tn AV .& re nj 0MUnVU0 aw2PAMV' NO znninj Nap by MONAP too ct SUVAVAnd lot Oat wj& rovarr" Y n Do" ticn CF a lot it 16: 0 VDA* "n" V�rOWL vKh aucass Troy The VAN ! WW sAdivi- jon 1: o� tw.! P- 7 10MO�TJQ ANWIC! ID So P- 1 r4ridential djv7 ! uj -c h, Lci (! chvmho -s on 5"00SKY , 4MI71 N qhT a M-'- ror or! cd "A t UP 0MOVUS Unc Sponsory of Zoe hill , wo WHAS YaPD1001 yLat tho wq0LOY OF nalary I; Cr mr 04,'- Ly a5 h f a 7-00 � nrnoy the Q P dy: 0 sp anj Ser j to IV chof 1 n ( l Y' ,_t_ttpe 5 " vn or in to be YON on the tabin 00 Toy the DP� Vwor Ath VnevinE , Go sccn63en by ANC-qan 500 [ hrov''! Cqnr;C ".-- -"*1�") :-&VQ too 107015nscd pan Schaduln To' Pf rvhqca Q- qnay ZOAIPICKA vonjuvn cad ralcr iL to tic T010 - AWY14- ry 701 ap7rnVal prior 10 Pq KADVI OPP -oy Kyj nial dusignat van 2s a A no a F the c ; i cnrriv�-'. 1 ( na: i4 FFc SAcipla for 17v of TkAnc- C,tip mcn, h, r ......j ,j nn�MAA , The Macv. Commons Adviscry Baprd hjs d0L,,,j,,6 4,T s A06 0"jPiT :Cq W Qv W. Wowns are Oesirabic W bnrcfjcjj � My nttrm additional ASAUCS to the Commons rncs and n : &003 &re Usignod lo Wr A ()T jrOOL in ThAy Sp0qk"ns by UVOR the cowwas as Sq nni doors sales aywa , OnJ- A iq thn & ISIVU of GO compgr KOUPKI to VDcou"Nno On yjjw_ : O COMM ( P-d evcws nu W lrh"n- &VA7n5 , the "Wwjlk � 0 ; OVOMS Ind 170Y of the k0na Unnow hn � V ? nYq1Cj to . . " Mnk � co 'Twns Lj% ; S" V� yo� ' P . VAICU Vn VVCV- ' r >'! -Wuc � : PM ' Acr Ac .>:wCn �Vnkc ' ! vv cvvr�c Lan: YPI � -O" in; W- aAc of NO cwwoaq �y — 'Pp� nthpy : 140 chn hwFinq -S V.� WMPWCU� j n- 0 i if- r Y510 in ! 7v. 11 On L - 1 i�;iill _ , - a:) 1. f�t.,'!.7 �,�, r1 .. , t_tt . li� , 1 _. _, _C� t-i� 3 .. •,:;i, i <. . y 1 1 .- C.. i _t n i - 1 - ,i9 ,�P �. . . . t. - I (1r. I !'..t1_ i. -. t, !.- " "000Q +, f •i'.i i. %( `.P 1 • • '.1, i. -was 1 L_ . o.'!. To up; .i n q:" L KV1q . aunh. as , no V _ ;�Ii. � I bu ._ ) i t . d Pe P ti t n �� ,-i ¢ 71 U 1 l , C'... ��!_,�L s i_L ' a `1- i l l you ph 1 ) L , c t s t i_I ._ 7_ L i.er-{ �L i i _ _.. �.n S i .vc`_� a f) f L .tch act ili1_ ae _ Sllc' iL I - SchodUed Ci •' ilv t,awn iU. -pfd • isn >' 1,+;,, _Cf MA6.Jent CO Uvai L=1')i i i. C;' OF Wcu'. casual VnNars Mil. not ho Paryltond on the . ., i, �. • :�, i__ _, to be d l s p l L1, t_: , 1?Lit'lI_)k' C' of •_?'c(1 .,_1CLOi`3 , <llii il�ttle ,' (1;Jr-a I._ including the 00 _-'C.Ci.:,il i _(/C_ . ss Vic boun C;.w" riili.nad . i? The fol :.o _„ y +.:.ouH.l,., _...,L.`_o ML t. I ! r to M WICt..l..�.OU 07 _CO3 SO' th"av Whnns by P70 sW -1T king R o t n not fi3w l - ',tA a, if rain -,}t11.1!-mot tU'",_i_' c.aiict' , l . .. iOC1. 01 a 5w1i:C11?3 E:d- Me and ilU Min datc _ _ Wen arranged , for 1. c:i_l. ,l i ' L . Ail is:'.c:_ won ist_ paid Q Vni I one wool Wore I.o ic_il'adul.e'd sx r,: 203rd ., d. AIL vc,adnys shvil be suhient no O r1'.i' T .O y &. tt L t haca or ' • S S Kpoty. 1 Qtj t , .! 1. - p - _ Ir. _ i, ,.� "'i,, -."'. i. _ !�t! t. . C .I+ F,l� ,t CYY' i 1t� iJ;l y ) l_ t i ..?. aI 6 00 Mica ! r .. ( , n.. oly MM it. ,.-• „ b•r. - too COY 1 U rWPMQK to vAc Q 7. p _ - O ..,Sit _. .• on the Y- i, ,:n." PUC . .i00 F5.1 140 .. _ _ ,i , i7hacw .. , ._ aO` _, . to .h d z of I ,i ,1, h , . --' c 01 f COW W25 � to _ , t r f y _Y 1 1 r , �. ; r ! a- Von ,. LU On 1�rnv 1 -,.,, -cal 'C cl� ' iii �' -I , '7 `� , •i i•. , �i�' liy}. {] ir,_( .. _ .- _ !l( _, " .... 11 - December 3, 1975 Noise Ordinance Alderman Nichols reported that this matter is in the hands of Attorney for the City Shapiro. Expansion of Historic District Alderman Nichols reported that the matter of expansion of the City of Ithaca' s historic district was passed and approved by the Planning Board but it has not yet been acted upon by the Charter & Ordinance Committee. Probably a resolution will be presented at the next meeting. Council Rules of Procedure Alderman Nichols reported that the Charter & Ordinance Committee has not done anything on the Council Rules of Procedure , the feeling was that they would be adopted by the new Common Council since it seems appropriate that each group would approve its own rules of procedure . Ithaca Housing Authority Alderman Nichols reported on the general dissatisfaction which has been expressed at this meeting with the lack of responsibility of the Board of the Ithaca Housing Authority. It has been clear over the years to Alderman Nichols who attended their meetings , that they didn ' t take seriously the need to pay back payment in lieu of taxes and felt that it could be deferred indefinitely. Alderman Nichols offered the following resolution which was not on the Agenda, however no objections were made by Council . By Alderman Nichols : seconded .by Alderman Saccucci WHEREAS , the Common Council is now considering the City of Ithaca budget for 1976 , and WHEREAS , it is the contractual duty of the Ithaca Housing Authority to pay 100 of t%e shelter rents collected by said Housing Authority to the three local governmental taxing agencies in lieu of taxes , and WHEREAS , the Ithaca Housing Authority has been unwilling or unable to estimate and/or establish the exact sum legally due the local governments and to transfer the thousands of dollars that are owed to the public treasury, NOW, THEREFORE, BE IT RESOLVED, that the Common Council requires 1) an immediate estimate of the monies owed to the public treasury by the Ithaca Housing Authority, 2) a good- faith payment of at least ten thousand dollars ($10 ,000) on or before December 31 , 1975 , plus all interest and penalties as may be due , and 3) payment by the Ithaca Housing Authority of all monies due to the City of Ithaca in the year said monies become due. Discussion followed on the Council floor. A vote was taken on the motion under discussion, which resulted as follows : Carried PLAivNING & DEVELOPMENT C0MMITTEE Taverni Agreement By Alderman Jones : seconded by Alderman Boothroyd RESOLVED, That Common Council authorize Mayor Conley to enter into the contract with Mr. Anthony F. Taverni. , consultant , as follows : CONSULTING AGREEMENT : RESOLVED TTiat t— :e—Common Council approved the Consulting Agreement between the City of Ithaca and Anthony F. Taverni as follows : AGREEMENT, made this 6th day of November , 1.975 , between the City of Ithaca, City Hall , Ithaca , :few York ("City") and Anthony F. Tav-orni , 9 Cliff Park Circle , Ithaca , ticw York 14850 ("Consultant") . City hereby r j .ai.il i l.Jiialli i .l1 it. a14 a ut l Ltt'il'__;trial dc:L 12 - _ December 3 , 1975 consulting services as shall be specified by the City Director of Planning and Development . Consultant agrees to perform such ser- vices under the terns and conditions set forth in this Agreement. Consultant shall be compensated for services hereunder at the rate of $4 . 50 per hour. In no event shall total compensation for services hereunder exceed $2 , 500 . 00 . At no time during calendar year 1975 shall the total compensation exceed $675 . 00 . The remaining $1 , 825 . 00 may be expended in calendar year 1976 . In addition , the City shall reimburse Consultant for such expenses as may be necessary for the proper execution of services hereunder, as approved by the City Director of Planning and Development . l The City shall provide such support staff services as may be required for the proper execution of Consultant' s services . Prior to ;loon on Friday , November 14 , 1975 , and one each second Friday thereafter, Consultant shall submit to the City a voucher, signed by the City Director of Planning and Development , showing services per- formed by Consultant during the previous two weeks and payment to which Consultant is entitled. Consultant shall be paid with Communit; Development Funds pursuant to said voucher on the day on which said voucher is submitted. The term of this Agreement shall commence on the date hereof and end on June 1 , 1976 . Either party may terminate this Agreement on two week' s written notice to the other. IN WITNESS WHEREOF, the parties have hereunto set their hands this 6th day of November, 1975. CITY OF ITHACA B Y EtMird J. C eY Mh Anthony F. Taverni :Motion to refer resolution back to committee By Alderman Meyer : seconded by Alderman Barber RESOLVED, That Common Council refer the resolution on the floor back too Committee. ttee. Discussion followed on the floor. Ayes - (4) - (Nichols , Meyer, Spano , Barber) Nays - (8) - (Hamlin, Boronkay, Boothroyd, Dennis , Slattery, Gutenberger , Jones , Saccucci) Motion Defeated Original Taverni Agreement Resolution A vote was taken on the original Resolution which resulted as follows : eyes - (5) - (Boothroyd, Dennis , Gutenberger, Slattery, Spano) Nays - (4) - (Barber , Meyer , Nichols , Saccucci) Abstentions - (3) - (Boronkay, Hamlin, Jones) Motion Defeated Natioila t. Junior Olympics Study By Alderman Jones : seconded by Alderman Boronkay RESOLVED, That Common Council authorize Mayor Conley to sign a contract with the Appalachin Regional Committee for a 701 study of the impact of the Junior Olympics in the Ithaca area. BE IT FURTHER RESOLVED, That the letter received from Mr. Liguori , of the Tompkins County Planning Department , be attached to the agreement when it is mailed. 13 - December 3 , 1975 Alderman Jones reported to Council that she has received a letter from Mr. Liguori of the County Planning Board stating that he will participate in the impact of the Junior Olympics on this whole area. He further stated that the Tompkins County Planning Department will assist by providing data and other resources available to us . A vote was taken on the motion on the floor which resulted as follows : Carried Southside Center Renovation By Alderman Jones : seconded by Alderman Boothroyd WHEREAS, The Completion of the Southside Center as a community project has been established by this Common Council , NOW, THEREFORE , BE IT RESOLVED, That this Common Council will use Com- munity Development funds in an amount not to exceed $150 , 000. to rehabilitate the South Side Center, and BE IT FURTHER RESOLVED, That change orders in excess of $100 . which revise the cost upwards or downwards shall be reviewed by this Common Council . Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows : Ayes - (8) - (Hamlin, Boronkay, Meyer , Gutenberger, Boothroyd, Slattery, Barber, Jones) Nays - (4) - (Nichols , Spano ; Dennis , Saccucci) Carried Community Transit - Student Tickets By Alderman Jones : seconded by Alderman Slattery WHEREAS, the bus ridership in the City has risen considerably , WHEREAS, the City' s past acceptance of groups of school age children on a non-paying basis has presented difficulties , NOW, THEREFORE , BE IT RESOLVED, That the Community Transit System will accept pre-school_ or school students on a ticket basis only, these tickets to be purchased through the Transit System. AND BE IT FURTHER RESOLVED, That when such tickets are purchased in blocks of 200 or more that there shall. be a bulk rate of 10¢ per ride, and BE IT FURTHER RESOLVED, That this Common Council directs this resolu- tion to the Board of Public Works for its implementation. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows : Carried Octopus Intttersection By Alderman Jones : seconded by alderman Meyer WHE'REAS , This Common Council has received the Board of Public Work' s recommendat-ion on the State TOPICS plans for the Octopus Inter- section, NOW, THEREFORE , BE IT RESOLVED, That Common Council advise the State of New York Department of Transportation that TOPICS changes in the Octopus Intersection are unacceptable to the City of Ithaca. , and BE IT FURTHER RESOLVED, That the Department of Public Works and the Pla.nni_no and Development, Department and Council ' s Intergovern- mental Co.:.mittee discuss with the County and the Town alterna- tive plans for crossing the fnlet including an additional bridge , and BE IT FURTHER RESOLVED , That this matter be reported back to Council at the April. meeting . Discussion followed on the Council floor. 14 - December 3, 197S Zesolution to Table By Alderman Slattery : seconded by Alderman Barber RESOLVED, that the motion on the floor be tabled with the intention that the committee restate the resolution in terms which would be more acceptable to the State . Carried Commons Benefit District Bf iMerman Jones : seconded by Alderman Nichols WHEREAS ,, This Common Council referred tho matter of designating the Commons ' Benefit District to the Board of Public Works , NOW, THEREFORE , BE IT RESOLVED , That the Board of Public Works estab- i lish the Common' s Benefit District in time to be included in the 1976 Tax Warrant. Discussion followed on the Council floor. A vote was taken on the motion on the floor, which resulted as follows : Carried Waterways Study Contract By Alderman Jones : seconded by Alderman Meyer RESOLVED, That Council approve the Resolution authorizing the Mayor to �. sign a contract with the State of New York for the Waterways study. Discussion followed on the Council floor. A vote was taken on the motion which resulted as follows : Carried Transit system for the elderly Alderman Jones .reported to Council on the Transit System for the Elderly. As it currently exists it is going to come to a halt on the 31st of December. Alderman Jones is working with an ad hoc committee and they are trying to get back to the Planning and Development Conrlit- tee on some other possible alternative for something to take the place of the arrangement in effect for the last 8 months in order to tide over he senior citizens who are using that rate until the City' s extra new bus comes a year from now. There is a very real problem. The subsidy for the route as it has existed for the last 8 months has been withdrawn. There is a recommendation from the Board of Public Works that the route as it is currently organized, be disbanded. The committee is tryi.n<, to find something to replace it for the next year so that something will be ready to start on the first of January. Alderman Jones said she will try to get this back to Council at the meeting on December 18th. INTERGOVERNMENTAL RELATIONS COMMITTEE Alderman Slattery reported to Council that the County Board of Represen- tatives passed a resolution which he would like to introduce within t:he Minutes of this meeting. Alderman Slattery was asked to do this by the Chairman of the Intergovernmental Relations Study Committee . The Reso- lution reads as follows : RESOLUTION NO. 132 - ESTABLISHMENT OF THE TOMPKINS COUNTY INTERGO'V,'sRN-- MENTAL RELATIONS STUDY COMMITTEE i;'HEP.E^,S , Tompkins County includes the City of Ithaca, several towns , villages and special districts (schools , water and sewer) , and WHEREAS , these separate and. independent units of local government are involved in an attempt to provide efficient and economical delivery of essential municipal services to Tompkins County, and tVIER.EAS , among the municipal services involved a.repolice, fire protec- tion, procurement of supplies and equipment , development of human re- sources , public works , and physical resource utilization, and WHEREAS , there is a resulting need for a comprehensive study of ways and means of ach=ieving greater cooperation among these various units of local government in order that the providing of required public services to Tompkins County can be improved in quality and cost of such scrvic 's , NOW, THEREFORE , BE IT RESOLVED, upon recommendation of the Intergovernmen- tal Relations Committee , that Tompkins County Intergovernmental Relations Study Committee is hereby established by the Board of Representatives of ToMpi.ns County , RESOLVED, FURTHER, Thal:. the Tompkins County Intergovernmental Relations Studv Committee shall consist of eleven to fifteen members appointed by the Board of Representatives of Tompkins County and the membership shall. consist: of a member of the Board of Representatives of Tompkins County,. a member of the Common Council of the City of Ithaca, a member of the Tompkins County Municipal Officials ' Association and eight to twelve additional individuals broadly representative of the Tompkins County community, RESOLVED, FURTHER, That the Tompkins County Intergovernmental Relations Study Committee shall consider ways and means of achieving greater cooperation among tiie local government units which comprise Tompkins County, shall propose priorities , and based on such studies , shall make recommendations designed to facilitate the effective and economical de- livery of essential public services throughout Tompkins County, RESOLVED, FULTHER, That such studies and recommendations shall be made ^' available for consideration and. use by the various local government units v,,hich comprise Tompkins County. Alderman Slattery further reported that he received a letter from the :Tompkins County Board of Representatives dated November 21 , 1975 which reads as follows : Mr. Donald Slattery 410 W. Court Street =i tlraca, New York 14850 Dear Mr. Slattery : At the November 10 meeting of the Tompkins Couiity Board of Repre- sentatives , you were unanimously appointed to the Tompkins County intergovernmental Cooperation Committee . Chairman Raymond VanHoutte has suggested the following schedule ,of meetings through January 1976 : December 11 , 1975 - 12 noon December 18 , 1975 - 12 noon January 8 , 1976 - 12 noon January 22 , 1976 - 12 noon We will meet in the Board Room of the Tompkins County Trust Company on December 11 and as in the past , we will furnish a dutch- treat lunch . It is anticipated, providing this is accepted by the group , that we will. continue to hold our meetings there through January. I would like to express my personal thanks for your willingness to serve in this essential and improtant position. Very truly yours , /s/ Louis R. Webster Louis R. Webster A .list of the members of the Tompkins County Intergovernmental Coopera- t_i_on. Committee are as follows : Raymond VanHoutte Garth Jackson 1 Strawberry Lang; 24 James Street Ithaca, Neva York 1.4850 Dryden, New York 13053 Phone : 273- 3210 Phone : 844- 8141 16 - December 3, 1,975 W. David Curtiss Donald Slattery 108 Hampton Road 4:10 W. Count Street Ithaca, New York 14850 Ithaca , New York 1.4850 Phone : 256- 5135 Phone : 256-4111 Keith McNeil Dick Webster 139 Oakwood Lane 213 Brvant Avenue Ithaca, New York 14850 Ithaca, New York 14850 Phone : 273-1927 Phone : 272- 2094 John 114archam Ned Flash , Jr. 414 E. Buffalo Street Kline Woods Road Ithaca, New York 14850 Ithaca , New York 14850 Phone : 256-4121 Phone : 256-4250 Robert Linton Bryant Robey R. D. # 1 220 Fall Creek Drive Trumansburg , New York 14886 Ithaca, New York 14850 Phone : 272- 5260 Phone : 256-4666 Hicks B. Dow Stuart Stein 768 Champlin Road 1018 East State Street Groton, New York 13070 Ithaca, New York 14850 Phone : 838- 8205 Phone : 256-4025 - Edward Lutz Barbara Holcomb �- 1672 Taughannock Boulevard 141 Northview Boulevard TrumansUurg, New York 14886 Ithaca, New York 14850 Phone : 256- 2013 Phone : 272-6710 Alderman Slattery also reported that we have corresponded with the County Board asking for a meeting to discuss the sales tax allocation and distribution, as directed by this Common Council . No reply has been received as yet , but only a short time has lapsed. Alderman Slattery _further reported that the Appalachin Grant applica : for the National Junior Olympics study has been sent out and the Count ) has agreed to support that study. Alderman Hamlin commented that he thinks this is an excellent start and it would be wise if Council expressed their appreciation for the initia- tive that is being shown in the Intergovernmental effort and compliment I them. Alderman Boothroyd stated that this is the first step toward something really productive. Resolution By Alderman Hamlin : seconded by Alderman Barber RESOLVED, That Committee Member, Alderman Donald Slattery, convey the ` Council ' s gratitude to the Tompkins County Intergovernmental. Cooperation Committee for the initiative being shown by said Committee. Carried OLD BUSINESS Mr. Anthony F . Taverni , Consultant By Alderman Slattery : seconded by Alderman Meyer RESOLVED, That the proposal relative to the Consulting agreement with Mr. Anthony F. Taverni be referred back to Planning u Development and Budget and Administration committees for a report and recommendation at the next meeting of Council Carried NEW BUSINESS West_Hill Residents , Complaints Alderman Saccucci_ reported that Ir. Petrillose ' s house at the turn- around on Richard Place had recently been ransacked. The other residents in the area are concerned that the same thing might happen again so they are asking this Council for a street light to be installed in that parti- ct.ilar area and they are also asking, for more police protection in the West Hill area. 17 - December 3 , 1975 ,t Resolution By Alderman Saccucci : seconded by Alderman Bor-onkay RESOLVED, That the matter of a street light in the turn-around area of Richard Place be installed and more police protection for the West Hill residents be referred to the Planning £� Developme ) t Committee for their consideration. Discussion followed on the Council floor . vote was taken on the motion on the floor , which resulted as follcws : Carried It was agreed that Aldermen Slattery and Saccucci will. work on a resolution for Council to present to the Board of Public Work-, . This will be presented to Council at the next meeting . Executive Session e7+ On a motion the meeting was adjourned into Executive Session at 11 : 00 P.M. �U' By Alderman Barber : seconded by Alderman. Slattery Motion was made to move back into Regular Session of Council at 11 : 15 P. M. Carol A. Wilson - Senior Account Clerk , Youth Bureau By Alderman Dennis : seconded by Alderman Slattery RESOLVED, That Carol A. Wilson be permanently appointed to the position of Senior Account Clerk in the Youth Bureau office at an annual salary of $6 , 518 . effective 12/3/75 . Carried- On a motion the meeting was adjourned at 11 : 17 P.M. Li n� -- - � Edward J. Co nley , tilaycr i sepi A. Rundle , City Clerk COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Special Meeting 7 : 30 P.M. December 18 , 1975 PRESENT : Mayor - Conley Aldermen (12) - Barber, Beothroyd, Boronkay, Dennis , Gutenberger, Hamlin, Jones , Meyer, Nichols , Saccucci, Slattery Spano OTHERS PRESENT: - Controller - Daley Assistant Controller - Spano Coordinator - Youth Director - Cutia Police Chief - Herson Attorney for the City - Shapiro Fire Chief - Weaver Planning Director - Van Cort Alderman Elect - Holman City Clerk - Rundle SPECIAt ORDER OF BUSINESS Public Hearing - _Budget Resolution to Open Public Hearing By Alderman Jones : seconded by Alderman Saccucci RESOLVED, That the Public Hearing on the 1976 Budget be opened. Carried Police Commissioner John Spencer of 605 Mitchell Street spoke to Council concerning the Police Budget , particularly the Civilian Dis- patchers . Resolution to Close Public Hearing B17 Alderman Gutenberger: seconded by Alderman Jones RESOLVED, That the Public Hearing on the 1976 Budget be closed. Carried 1.976 B.udget B-- Alderman Dennis : seconded by Alderman Boothroyd RESOLVED, That the City of Ithaca Budget for 1976 in the amount of $10 , 589 ,838 . be approved. Discussion followed on the Council floor., Alderman Saccucci moved that the budget be amended to reduce the Mayor' s Travel Expense from $3, 000. to $1 ,000. The motion died for lack of a second. Amendment to the Budget Alderman Barber asked where the other payments in lieu of taxes lisred on the Budget at $30 , 000 . will be coming from. Discussion followed on the Council floor. By Alderman Hamlin: seconded by Alderman Boronkay, RESOLVED, That the Budget be amended to reduce account A1081 Other Pay- ments in Lieu of Taxes from $30, 000 to $24,000 . Carried A discussion period followed on the Council floor in the form of ques- tions and answers concerning the various items in the Budget. .Alderman Jones commented that she was concerned with the large non-reoc- curring revenue items of large sums of money which may or may not be available next year. Alderman Hamlin asked to go on record that this Budget - the revenues are over-estimated withdra,,%ing out every surplus and we are in danger of a very serious tax increase next year. - 2 - December 18 , 1975 Resolution to refer back to Committee By Alderman Jones : seconded by Alderman Hamlin RESOLVED, That this Common Council refer the 1976 Budget back to the Budget $ Administration Committee for reworking and making the necessary changes . A Roll Call Vote was taken as follows : Ayes - (7) - Alderman Spano Alderman Jones Alderman Barber Alderman Meyer Alderman Hamlin Alderman Saccucci Alderman Boronkay Nays - (5) - Alderman Slattery Alderman Boothroyd Alderman Gutenberger Alderman Nichols Alderman Dennis Carried Mayor Conley suggested that the Budget & Administration Committee bring the 1976 Budget to the January 1, 1976 Special Swearing-In meeting and the Budget can be adopted at that time. Recess Council recessed at 9 :45 P.M. Reconvened at 9 : 52 P.M. CHARTER & ORDINANCE COMMITTEE City Judge Salary Increase By Alderman Nichols : seconded by Alderman Gutenberger RESOLVED, That Local Law No . of the year 1976 City of Ithaca. A Local Law INCREASING THE SALARY OF THE CITY JUDGE OF THE CITY OF a ITHACA BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows : s SECTION 1. Increase in Salary of City Judge of the City of Ithaca Commencing on January 1, 1976, or as soon thereafter as this Local Law may become effective, the salary of the City Judge of the City of Ithaca shall be increased to $13, 000 . 00 per annum, said salary for the office of City Judge to continue until revised or modified by the Common Council of the City of Ithaca. SECTION 2. This local law shall take effect upon its being duly filed in the office of the Secretary of State pursuant to the pro- visions of the Municipal Home Rule Law. Discussion followed on the Council floor. A roll call vote was taken as follows : Ayes - (8) - Alderman Dennis Alderman Nichols Alderman Gutenberger Alderman Meyer Alderman Boothroyd Alderman ..-ones Alderman Slattery ' Alderman Spano Nays - (4) - Alderman Boronkay Alderman Saccucci Alderman Hamlin Alderman Barber Car-vied i3 M v 3 - December 18 , 19'75 R-solution - Aldermen Pay increase By alderman Nichols : secoz.ded by 'llderman. Dennis a?iSi)LVED, That Local Law No . of the year 1976 , City of Ithaca LO ,a ICAL LAW INCREASING THE SALARTES OF THE ALDERMEN FOR THE YEARS 1976 ANT-l} SUBSEQUENT YEARS BE IT NACTED by the Common Council of the City of Ithaca, New York as follows : SECTION 1. Increase in Salary of Aldermen of the City of Ithaca. Commencing on January 1 , 1976, or as soon thereafter as this local lave ;iay become effective , the salaries of the Aldermen of the City of I,_ ca shall be increased to $2 , 100. 00 per annum; commencing on January 1 , 1973 , the salaries of the Aldermen of the City of Ithaca shall be inc_-eared to $2 , 500 . 00 per annum; said salaries for the office of Aldermen to continue to be paid until revised or modified by the Comn.or. CDancil of the City of Ithaca. SECTION 2. This local law shall take effect upon its being duly file.l in the office of the Secretary of State pursuant to the provisions of the Municipal Home Rule Law. g. A roll. call vote �,as taken as follows : Ayes - (7) - Alderman Gutenberger Alderman Jones Alderman Slattery Alderman Dennis Alderman Nichols Alderman Meyer Alderman Boothroyd Nays - (5) - Alderman Hamlin P Alderman Saccucci Alderman Boronkay Alderman Barber Alderman Spano Carried ' c:e -.panes requested that three items be added to the Agenda -foi .,;ht ' :> meeting under Planning; Development Committee. ;. t erman Barber ob j ected. The items will be added to the next Agenda. On a motion the meeting was adjourned at 10 : 00 P.M. eA-u'v" .Toss' )h 7 . Rundle, City Clerk Edward J. ,onley ayor